This year, a handful of elections were scheduled. At least 27 countries, including Algeria, Senegal, Pakistan, and Venezuela, held their presidential elections. Because of the varying political climates, let’s visit the most recent Venezuelan elections, which illustrate human rights violations in the form of voter intimidation and political persecution. The development of the events raises questions about the validity of the results and the corruption of the powers of the state. Amid widespread despair, NGOs like Foro Penal, a Venezuelan group offering legal aid to victims of state repression, and international bodies such as Human Rights Watch and the Carter Center are investigating irregularities and violations.
At the beginning of his term, Chavez gained public trust through social programs addressing inequality, such as adult literacy, health care, and infrastructure. The programs were meant to address the gap between the rich and the poor, a hot issue among voters. His “revolution“ of the old system set up by the administration of Carlos Perez Jimenez was mildly disrupted by a Human Rights Watch report exposing corruption. Nevertheless, his charisma and the benefits he provided kept his supporters loyal.
In 2013, Chavez appointed Maduro as his successor. Disguised as a blessing, Maduro had inherited institutions that were corrupted and allowed him to enrich himself and stay in power. However, years of inflation and poverty eroded Maduro’s connection to the Chavez revolution. As a result, many pro-Chavez supporters have lost confidence in Maduro and continue to mourn the late president, as AP reported.
While his popularity decreased, a new leader had been working to gain the people’s support. Maria Corina Machado, a former member of the national assembly, won a primary election in 2023. Appealing to free the country and grabbing onto the growing dislike for Maduro, Machado became the face of the Democratic Unitary Platform (DUP), an alliance of trade unions, political parties, and former officials.
However, in January 2024, the highest court in Venezuela banned opposition leader Machado from running for the presidency. The ban keeps Machado from participating in any elections for 15 years. The Supreme Court made the decision based on financial irregularities claimed to have happened while Machado served in the legislature. This obstacle is among many presented to political figures who pose a threat to Maduro’s regime. After failing to appoint a replacement for a while, a new candidate was put in the front of the opposition campaign. Edmundo Gonzalez, a former diplomat, became the new candidate of the DUP.
Months Leading to Election Day
Venezuelans outside the country went out to register, uncertain of what turn the elections would take; however, they encountered significant obstacles.
The New York Times reports that Venezuelans living abroad were affected by long waiting times, rejection, and confusing instructions across several countries, including Argentina, Chile, Colombia, and Spain. People arrived at consulates as early as 4 a.m., only to face rejection due to suspended registrations.
In addition to the unexplained delays, voters were met with unexpected registration requirements. Before, only a Venezuelan identification, expired or not, was valid for registration. However, as part of the new requirements being enforced, a Venezuelan passport and proof of residency or legal permanence in the host country were needed. This created obstacles, as many Venezuelans in countries like Colombia or the U.S. lack permanent residency despite having other legal documents, such as Temporary Protected Status (TPS).
Image 1: National filling out a form with his passport at hand. Source: Yahoo Images
What’s more, the government only allowed a 29-day registration period, which differs greatly from the year-round period allowed in the past. However, in countries where diplomatic relations are broken, and embassies and consulates are closed (like the U.S.) Venezuelans can’t register to vote.
As a result of these events, millions of Venezuelans couldn’t vote. Between 3.5 million and 5.5 million Venezuelans who live abroad were eligible to vote, but only about 69,000 were registered.
Election Day – July 28th, 2024
Venezuelans inside the country went to cast their votes at their designated stations. Throughout the morning, locals and the Carter Center mission—sent on June 29th—observed several violations.
Violence and Voter Intimidation
According to electoral rules, a witness is allowed to observe the tally count. People loyal to the ruling party intimidated witnesses and forced them to stay at home or leave their posts halfway through the election.
New York Times (NYT) reported that, in the capital, Caracas, a journalist observed men blocking access to one of the voting centers. Adding to the tension, voters were not allowed entry until over an hour after the poll was supposed to open. Similarly, in the city of Cumaná, about 50 armed police and National Guard officers stood outside with their helmets and armor in what seemed to be a show of power. Over in the city of Maturín, a woman was shot when men on motorcycles drove by a line of voters.
Changing Voting Locations
The NYT also disclosed that constituents’ voting locations were changed without a previous announcement. A worker of the Venezuelan Electoral Observatory, Carlos Medina, stated that the voting stations for 17,000 Venezuelans changed at the last minute. This is the case for Sonia Gomez, a voter who went to vote after verifying her polling site on the electoral council website. However, upon arrival, the workers told her she was registered elsewhere.
Image 2: National casting their paper vote. Source: Yahoo Images
Aftermath
Refusal to Disclose Paper Tallies
In Venezuela, votes are counted digitally by the Consejo Nacional Electoral (National Electoral Council) or CNE and verified using paper tallies collected at each voting station. Some officials in certain locations refused to disclose their paper tallies.
With the digital count, Maduro’s administration celebrated their victory, claiming 51% of votes. On the other hand, the opposition released data showing that Edmundo Gonzalez had received 67% of the vote. According to Machado, the opposition’s numbers came from voting machine tallies that were scanned and calculated.
In response to the allegations made by the opposition on corrupt and ridged elections, Maduro requested the Supreme Court give its expert opinion on the results. It is important to mention that the Supreme Court, closely tied to Maduro’s administration, had previously upheld Machado’s ban. Although the court backed him up, Maduro promised to release the tallies on the CNE website. However, the website has remained inaccessible since the events of July 28th.
Politically Driven Detentions
After the CNE announced Maduro’s victory, Venezuelan protested in the streets. However, they were met with brutal repression by state authorities. Videos circulating on social media showed police and military brutality directed at protesters. Human Rights Watch analyzed these videos, corroborating reports of detentions and deaths. While about 2,400 people were detained during protests, Foro Penal—a Venezuelan NGO that provides legal support for victims of arbitrary detention—claims that the police arrested electoral witnesses at their homes. These events have fueled arguments for election fraud. Most of the detainees are being charged with terrorism and incitement of hatred. Other irregularities include a lack of legal assistance and transfer to maximum security prisons.
Adding to the political persecution, a court issued an arrest warrant against Edmundo Gonzalez for conspiracy and usurping power. This prompted him to flee to Spain. Similarly, other figures, like diplomats, have been targeted, too, as Maduro ordered diplomats who opposed his victory to leave the country.
Image 3: Protests in Venezuela on May 1st, 2019. Source: Wikimedia Commons archive; originally published by Voice of America.
Future Implications
After the return of the Carter Center’s technical election observation mission, the center stated that the elections did not meet the integrity standards. The Organization of American States and several countries, including Argentina and Costa Rica, recognized Edmundo Gonzalez as the president-elect and called for transparency. Nevertheless, as Gonzalez has now fled to Spain, it is unclear what the next steps the international community will take to address the democratic crisis.
Since the elections, Venezuelans have felt both hope and fear. Despite a great number of protests and social media posts, fear of government retaliation has reached a higher level than ever. Some believe it is impossible for Maduro to resign, but only time will tell if democracy can still be restored.
Financial stress in the home can have negative psychological effects on young children. Source: Yahoo Images
One day, in the cafeteria of my small-town Alabama high school, my friend asked if I could sneak some extra snacks from the cafeteria as I went through the line, “Anything that I can put in my backpack for later.” I wondered why her question was asked so defeatedly but brushed it off as her just wanting some extra Rice Krispies treats. So I hid an extra snack in my pocket and grabbed a banana that I knew I wasn’t going to eat. As we sat down, she reached deep into her pockets and pulled out packs of carrots, an orange juice, two Rice Krispies treats, and an apple, quickly shoving it all in her backpack. I handed her what I had gotten and I didn’t ask any questions. This went on for the rest of the semester and it gradually became clearer that her love for Rice Krispies was not the driving force. Her mom had lost her job, and she had suddenly been hit with something that over 16% of Alabamians are facing: poverty.
In this article, I will lay out some aspects of Alabama’s society based on my research that may correlate to the economic disparity of the state.
Cultural Emphasis on the Free Market
Because of the biodiversity of the state and the emphasis on agriculture, many people have found success and stability in small-scale agricultural labor. When the main means of production in a community are small, family-owned-and-operated farms, most people in society have access to the means of production. Small farmers tend to pay their workers well and keep prices fair in order to compete with the many other small farms. Customers are willing to pay a fair price for the products because they trust that it is good quality due to the competition. This is how many communities in rural Alabama have historically operated, and it has fostered a strong sense of hospitality and community. This research from Auburn University in 1987 shows the cultural perception of farming and agriculture in Alabama at that time. Many people supported small family farms over larger, more industrialized farms. Many of these small farms were focused on manual, hands-on labor, wherein the employees worked closely with the means of production and saw the outcomes of their labor. This is why many people in the South hold onto values of a completely free market, with little regulations on employment, wages, and worker protections. When I mention the “shift in the industry,” I am referring to the shift from hands-on labor working directly with the Earth’s resources to more industrialized factory work and white-collar office jobs.
When the means of production become larger and farther removed from the laborers, this type of economic setup becomes an issue. The shift in industries in which Alabamians make money has privatized the means of production and reduced competition. People now are more likely to work indoors in offices, factories, and businesses, far removed from the means of production of the goods and services that they facilitate. This shift has led to many of the problems of an industrialized unregulated system to show themselves in the economic struggles of Alabamians. Employers are farther removed from their employees, meaning they are less likely to directly see all of the work being done by them. Also, under an industrialized free market, salary and wages are often set by huge company employers with little to no competition. Many people must accept these lower wages or be unemployed, making no wages. This is not to say that the free market is necessarily bad. In many ways, Alabama still relies on small businesses and agriculture. There are many ways in which the free market is fundamental to the rights we enjoy, but when a market like this gets into the hands of greedy employers with little regulations on the minimum wage and maximum workload they can give to their employees, it can be used to contribute to the economic struggles of the working class.
In Chilton County, where I am from, the economy still relies heavily on farming, particularly peaches, which play a huge role in the culture of the county. Farming in Chilton County still maintains many of the good qualities that I mentioned in the first paragraph of this section. Source: Yahoo Images
In Alabama, many people have the attitude that if they earn their money or belongings through work, then they deserve to hoard all of the benefits of it. The “bootstraps” view of work is heavily valued in Southern culture, which has its benefits, but ultimately fails to bring fair wages and labor conditions to the middle class post-industrialization. By the “bootstraps” view of work, I am referring to the saying that one can or should “pull themselves up by the bootstraps” when they are of lower economic class. This promotes the idea that working hard is the best way to move up in one’s socioeconomic class; however, people can be of lower economic class for a multitude of reasons, not limited to merely work ethic. This view of work rarely has the intended effect in industrialized fields. It also often excludes people with disabilities whose work opportunities are limited. Watch this Tedx Talk, where Antonio Valdés explains the logistical issues with this view and the statistics surrounding the issue. Additionally, in a strictly free-market worldview, it is often hard to justify social welfare programs, since funding for them must come from the hard-earned tax dollars of people who claim that they deserve their money, and go to people who they claim do not. Although this view does encourage people to work hard and pull their own weight in society, this system can often be manipulated to benefit a few people while pushing a large portion of the population underneath the poverty line.
Education
Another factor that is affecting the wealth of Alabamians is the education system. Alabama consistently ranks in the bottom half – mostly in the bottom 10 – of states in every area regarding education. This article puts some numbers to these statistics. There is no doubt that education correlates to economic mobility, and the education that Alabama students are receiving does not prepare them to compete in a national – much less international – job market. With the industrialization of the workforce, it is important that Alabama puts more resources into improving the quality of our education system if we want to grow economically.
During my research, I came across an article titled Alabama’s Education System was Designed to Preserve White Supremacy – I Should Know. It explains the history of the education system of Alabama and how – rather than designing schools for students to flourish through knowledge – the designers of the system were preoccupied trying to push a white supremacist political agenda. Effects of this can still be found in Alabama’s K-12 education system today, making Alabama school history and social studies curriculum a battleground of political ideologies rather than a place where children can gain a better understanding of their society. I highly recommend giving this article a read, as it was incredibly informative and helpful in my understanding of the pitfalls of the education system in which I was raised.
Slavery, Segregation, and Civil Rights
For many of its first decades, Alabama’s economy was fully held up by unpaid enslaved Black laborers. The soil in this region was the perfect conditions for cotton to be grown, so cotton, along with tobacco, were the main crops that were produced by these laborers. Once the Emancipation Proclamation was carried out in Alabama, the economy took a big hit. Rather than blaming themselves for not working “labor wages” into their finances, plantation owners blamed the formerly enslaved people for not working for free anymore. Slavery grounded our state’s history directly into the soil of race-based hatred, prejudice, and power imbalances from which we have never recovered. Segregation immediately followed emancipation and lasted for 91 years. Following this, Alabama was a significant site for the Civil Rights Movement of the 1950s and 60s. In Selma, an event called Bloody Sunday occurred when a group of police officers used whips, clubs, and tear gas to attack protesters. In Montgomery, Rosa Parks notably refused to give up her seat to a white man, for which she was arrested. In Birmingham, Martin Luther King Jr. wrote, “Letter from Birmingham Jail,” one of the most famous pieces of writing from this movement. Still today, Alabama is one of the most socially segregated states in the United States.
The emblem on the left served as the official emblem for the democratic party of Alabama from 1904-1966, appearing on all ballots, official government materials, and some government buildings. In 1966, they switched to the emblem on the right. Important note: the parties switched sides in the 1970’s, so the democratic party for which this emblem stood is now called the republican party. Source: Yahoo Images
It is unsurprising that a state so steeped in racism would have such a large percentage of people in poverty. When entire groups of people live in an area but cannot work certain jobs, access an equal education, earn equal wages, or make big purchases, the entire area suffers. Economies are reliant on the ability of people to participate in them, which is the reasoning behind stimulus checks. If people don’t, or can’t, make or spend money, a free-market economy will not be strong. Not only are people of color in Alabama denied from higher-paying jobs at a much higher rate, but when they do get these jobs, they are often paid significantly less than their white counterparts. This economic inequality leaves entire communities impoverished, more likely to find themselves without a house, and more likely to commit petty crimes for survival. This creates a harsh cycle of poverty, imprisonment, and stereotyping that is incredibly difficult to escape.
Mass Incarceration
All it takes is a quick search on the Institute for Human Rights Blog to see just how many posts have been written about Alabama’s prison system. Anybody unaware of the prison crisis would think that we are beating a dead horse. They would be shocked to hear about the horrors occurring in prisons right down the road from where many of these posts were written. Maybe then, they would understand why we write so much. Because of the wealth of information on this topic, I will link a few articles written by my colleague Kala Bhattar here if you would like to learn more:
It is not a stretch to link mass incarceration to poverty. Recidivism rates (the rate at which people who have spent time in prison return to prison) are high in Alabama. Roughly 29% of people released from prison re-offend within the first three years. The Alabama government seems to attribute this statistic to these people being morally depraved, that they are just “bad people” (whatever that means) rather than to the fact that their needs are not being provided for. The classic example of the link between poverty and crime is a parent stealing bread to feed their family, when the only other option is to go hungry. Technically, stealing is a crime, but most people would agree that the parent who steals bread for their kids should not be punished as harshly as someone who steals for other, more selfish reasons. Of course, poverty does not totally excuse or account for all crime, but there is no doubt that necessity mitigates moral culpability.
Alabama has a seven times higher incarceration rate than any founding NATO country, excluding the United States. Source.
This is not an extensive list of reasons why Alabamians are having the amount of economic struggles that they are having. Some others include: political polarization, excessive legal fines and fees, the fentanyl and opioid crisis, and the social disenfranchisement of pretty much every minoritized group. As an Alabamian, it is incredibly upsetting to see my state fall short in so many ways. It often feels like there is not much to be proud of, but it is important to remember that pride in one’s homeland does not mean blindly defending everything about the state. Pride in one’s homeland comes from genuinely caring for the communities that live here, criticizing the government when warranted, and guiding the culture to a more harmonious place. And caring, criticizing, and guiding is what we will do until our state sees better days.
Totes given out to students during a first generation college event at UAB. Source: UAB Image Gallery.
In 2023, the Supreme Court made a landmark decision to end race-based affirmative action in college admissions, stirring deep debates across the nation about equity, opportunity, and the role of higher education. While many view this decision as a step towards “merit-based” admissions, the change also raises significant concerns about how universities will maintain diverse and inclusive student bodies. This shift is particularly troubling for low-income and first-generation students, groups that historically face the highest barriers to accessing higher education.
Affirmative Action and Access: Why It Matters
For decades, affirmative action has played a crucial role in broadening access to higher education, particularly for marginalized and underrepresented groups. Low-income and first-generation students, many of whom come from minority backgrounds, often face multiple barriers in the admissions process, including limited academic preparation, financial constraints, and a lack of resources. Affirmative action policies have helped bridge these gaps, creating pathways for students who might otherwise be overlooked by traditional admissions standards.
Research supports the impact of affirmative action on promoting diversity and opportunity. For example, a study by Arcidiacono, Lovenheim, and Zhu (2014) found that affirmative action policies significantly increased enrollment for minority and low-income students at selective institutions, contributing to a more inclusive campus environment. Furthermore, studies like those by Bowen and Bok (1998) in The Shape of the River demonstrate that affirmative action has long-term benefits, improving career outcomes for beneficiaries and fostering broader societal advantages.
However, with the new ruling against race-based admissions, these pathways to opportunity are under threat. Without affirmative action, the risk is that colleges will revert to a status quo where students from privileged backgrounds have a disproportionate advantage, while low-income and first-generation students lose out on critical opportunities for social and economic mobility.
The Unique Challenges for Low-Income and First-Generation Students
Low-income and first-generation students are some of the most vulnerable to inequities in the admissions process. These students often attend under-resourced schools, where they have fewer Advanced Placement courses, extracurricular options, and college-preparatory resources. Financial constraints can further limit their ability to attend college tours, participate in extracurriculars, or afford costly application fees, creating an uneven playing field from the outset.
In states that have previously banned affirmative action, such as California and Michigan, minority enrollment at selective universities dropped significantly following the bans. The UC Office of the President (2016) reported that, after Proposition 209, African American and Latino enrollment at California’s top universities declined sharply. This pattern suggests that, without targeted policies, selective colleges may struggle to maintain a diverse student body, which is essential for fostering inclusive learning environments and preparing students for a multicultural workforce.
Moving Forward: Policy Alternatives
In light of the ruling, colleges must rethink their admissions strategies to continue supporting low-income and first-generation students. Below are some alternative policies and innovative practices that could help universities uphold diversity in a post-affirmative action era.
Socio-Economic-Based Affirmative Action
One promising approach is to focus on socio-economic affirmative action, which targets students from disadvantaged backgrounds regardless of race. Research by Reardon et al. (2018) suggests that socio-economic diversity can improve outcomes for underrepresented students, though it may not fully maintain racial diversity. Socio-economic-based policies could help address barriers faced by low-income students, providing them with the support and access they need to succeed in college.
Holistic Admissions Processes
Holistic admissions, which assess applicants based on a broad range of criteria beyond grades and test scores, offer another pathway for promoting diversity. By evaluating factors like personal background, leadership, community service, and resilience, colleges can better identify students who have overcome significant obstacles. This approach requires time and training but could help universities maintain a more inclusive admissions process. A study by Espenshade and Radford (2009) highlights the importance of looking beyond test scores, showing that holistic review can be an effective tool in creating diverse, dynamic student bodies.
Test-Optional Policies
Standardized tests like the SAT and ACT often disadvantage low-income and minority students, who may lack access to test preparation resources. Many universities have already adopted test-optional policies, and this trend is likely to continue. Research by Hoxby and Avery (2013) indicates that test-optional admissions can expand access for high-achieving, low-income students who otherwise might not apply to selective institutions. Removing or de-emphasizing test scores can reduce barriers for first-generation students and create a more level playing field.
Expanded Financial Aid and Support Services
To truly support low-income and first-generation students, universities must offer robust financial aid packages and ongoing support. Increased need-based scholarships, grants, and living stipends can make higher education more affordable, while services like academic advising, mentorship programs, and mental health resources can help students thrive once they’re on campus. According to Kahlenberg (2014), financial support is essential for retaining low-income students, who are more likely to face financial pressures that lead to dropping out.
Targeted Outreach and Recruitment
Finally, universities can increase their outreach efforts to underrepresented communities. Many low-income and first-generation students are unaware of the opportunities available to them at top institutions. By working with high schools, community organizations, and nonprofit groups, universities can help ensure that more students from disadvantaged backgrounds apply and are well-prepared for college life. Expanding outreach can also help address the “hidden supply” of talented, low-income students, as highlighted by Dynarski (2016) in her research on college access.
Conclusion: Upholding the Values of Diversity and Inclusion
The end of race-based affirmative action is a critical juncture for higher education in the United States. As colleges grapple with how to move forward, they must prioritize policies that will continue to support low-income and first-generation students. A commitment to diversity and inclusion in education not only benefits individual students but also strengthens society as a whole by fostering a more equitable and dynamic workforce. By adopting new, legally permissible approaches to admissions, colleges can uphold the spirit of affirmative action and ensure that higher education remains an accessible ladder of opportunity for all.
Reference Sheet
Arcidiacono, P., Lovenheim, M. F., & Zhu, M. (2014). “Affirmative Action and the Quality-Fit Tradeoff.” Journal of Economic Literature, 52(3), 493-517.
Bowen, W. G., & Bok, D. (1998). “The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions.” Princeton University Press.
Espenshade, T. J., & Radford, A. W. (2009). “No Longer Separate, Not Yet Equal: Race and Class in Elite College Admission and Campus Life.” Princeton University Press.
Hoxby, C. M., & Avery, C. (2013). “The Missing ‘One-Offs’: The Hidden Supply of High-Achieving, Low-Income Students.” Brookings Papers on Economic Activity, 2013(1), 1-65.
Kahlenberg, R. D. (2014). “The Future of Affirmative Action: New Paths to Higher Education Diversity After Fisher v. University of Texas.” The Century Foundation.
Reardon, S. F., Weathers, E., Fahle, E., Jang, H., & Kalogrides, D. (2018). “What Levels the Playing Field Between High- and Low-Income Students?” Educational Evaluation and Policy Analysis, 40(4), 593-615.
UC Office of the President (2016). “Effects of Proposition 209 on California Higher Education.” UCOP Report.
Dynarski, S. M. (2016). “The Trouble with College Rankings.” Journal of Economic Perspectives, 30(4), 167-190.
Long, M. C., & Tienda, M. (2008). “Winners and Losers: Changes in Texas University Admissions Post-Affirmative Action.” Education Next, 8(1), 70-76.
The Urdd and the IHR. Source: Institute for Human Rights.
by Sumaira Quraishi
On September 15th, 2023, the Institute for Human Rights (IHR) at the University of Alabama at Birmingham (UAB) and the Urdd, a Welsh youth organization, spent an afternoon together exploring human rights initiatives in Birmingham and the history of the Civil Rights Movement.
Dr. Tina Kempin Reuter, Director of the IHR, made opening remarks welcoming the Urdd delegation to UAB and facilitated introductions between the Urdd and members of the IHR team. Dr. Reuter then spoke on how the IHR is raising awareness of and advocating for human rights by making safe spaces to have open dialogues and hosting human rights advocacy conferences. Ms. Siân Lewis, Chief Executive of the Urdd, explained that the Urdd is the largest youth organization in the world and has been active for over 100 years. The Urdd’s primary objective is spreading a peace and goodwill message, with the focus this year being on anti-racism. The Urdd also aims to share the Welsh language and culture with others while learning about other languages and cultures around the world. The Urdd distinguishes itself in its anti-racism efforts through its “Galw Nhw Allan” (“Call Them Out”) motto, which encapsulates the Urdd’s desire to take substantive action against racism. In a video shown at the event, student leaders from the Urdd are shown describing the need to dismantle systemic racism through education to show the beauty and unity people’s differences bring to our communities.
Two members of IHR led the group in a privilege walk, an activity that involves asking participants to line up side-by-side with their eyes closed and take a step forward if they agree with certain statements, or take a step back if they agree with others. Examples of the statements read included “Take a step back if someone in your immediate family is addicted to alcohol or drugs,” “Take a step forward if you see people with your skin color in your local government,” and “Take a step back if you have ever had to skip a meal or multiple meals due to your financial situation.” At the end of the exercise, every person of color from the group was at the back of the room, and every non-person of color from the group was in the middle or front of the room. This exercise was done to highlight the various advantages and obstacles faced by people around the world and fostered a great discussion about diversity and inclusion amongst the IHR and the Urdd.
At the beginning of the meeting, members of the IHR handed out pieces of numbered paper to everyone in the meeting room. People with even numbers received a leaf to pin to their chest and people with odd numbers received a ribbon. After the privilege walk, everyone was asked to find a seat at tables decorated with pumpkins if they drew an odd number or tables decorated with scarecrows if they drew an even number. A short video on Jane Elliott’s “Blue Eyes/Brown Eyes” experiment was shown where Ms. Elliott divided her class by eye color and favored blue-eyed children one day, and brown-eyed children the next, giving each favored group more praise and privileges over the other group. The class soon adopted hateful and derogatory views of the out-group, bullying members of the unfavored group which was distinguished by brown collars tied around their necks. To simulate this experiment, two members of the IHR went around telling people with leaves pinned to their chests to get second helpings of lunch and engaging members of that group in conversation. Contrastly, the two IHR members ignored people with ribbons pinned to their chests and neglected to mention that those with ribbons could go and get second helpings of the food being served. The experiment was revealed after lunch was finished, to the surprise of the room which had no idea the simulation was being carried out. A short discussion followed on how discrimination affects people in real life and the unique challenges faced by people daily due to discrimination.
A tour of the IHR office space followed lunch and the Urdd delegation kindly presented IHR with a flag of Wales, a Cardiff University dragon plush, and Cardiff University silk scarves. Thank you to the Urdd for the thoughtful gifts!
The final event of the day was a screening of Four Little Girls directed by Spike Lee and a Q&A session with Michele Forman, Director of the Media Studies Program at UAB, who helped with the production of Four Little Girls. The film follows the events of the Civil Rights Movement in Birmingham, Alabama, and includes interviews with the families of the children killed in the 16th Street Baptist Church bombing in 1963. In the Q&A session after the showing, Ms. Forman described how every aspect of the film needed to answer the question “How does it help us understand what happened to the girls that day?”. A particularly impactful statement from Ms. Forman when asked what the rationale for using post-mortem photographs of the four children killed in the bombing in the film was that the destruction and exploitation of the Black body are used too much in media, but it was needed in the film to show that we will not move on from this tragedy and will not forget “what racism comes to bear on the Black body.” Thank you to Michele Forman for facilitating an insightful discussion of the film and the Civil Rights Movement!
Victims of the 16th Street Baptist Church bombing. Source: Yahoo Images.
The IHR is grateful to have had the opportunity to connect with the Urdd and looks forward to future collaborations!
Watch the full Peace and Goodwill message video here.
Juneteenth has been historically celebrated by many Americans since the late 1860s, yet it is only recently that it has become mainstream. Today we focus on why that is, what Juneteenth celebrates, and how we can do a better job incorporating this holiday into our lives. Although it has been around for so long, Juneteenth was only recognized as a federal holiday on June 19th, 2021, following the summer protests of the Black Lives Matter movement in response to the brutality experienced by George Floyd at the hands of the law enforcement system. June 19th, or Juneteenth as it is known widely by those who have celebrated it since its founding, is the day we commemorate the abolition of slavery in America, freeing enslaved African Americans through the passage of the Emancipation Proclamation and the Thirteenth Amendment.
History of Juneteenth, The Emancipation Proclamation, and The Thirteenth Amendment
Image 2 – Source: Yahoo Images
The Civil War was one of the bloodiest wars that Americans have ever fought, and it lasted four long years. The war was between the Union, which was made up of much of the northern states above the Mason-Dixon Line, and anyone below that line seceded from the main country and swore loyalty to the Confederacy. The Mason-Dixon line, which was passed in 1861, was designed to be a compromise that allowed Southern states to continue to use slave labor in the South in their fields and farms, while the Northern states were moving to abolish slavery within their boundaries. While the North depended on their seaports and industries, the South primarily produced the cash crops like cotton, rice, and indigo, that were being shipped across the oceans and transported by railroads across the lands. There were a few border states in the middle that did not want to give up slavery in their states. Lincoln, recognizing that he needed those states in the Union to have a chance to win the Civil War, permitted them to continue to use slavery while being a part of the Union.
In an attempt to change the course of the Civil War and keep the nation from breaking into two parts, President Abraham Lincoln wanted to weaken the Confederate forces so the Union forces could be victorious. This, he assumed, could be done by targeting the Confederacy’s economy and economic infrastructure, which at that time, was primarily dependent on slave labor. President Lincoln issued the Emancipation Proclamation in 1863 as an executive order, freeing all the enslaved individuals in all Confederate states that did not yield to the Union troops. With the passage of this document, the South could no longer rely on unpaid labor, leaving them in financial turmoil and giving them no other option but to surrender to the Union troops. The document is largely believed to have abolished slavery entirely in America, but the reality is that this was a political move during a war by the President to ensure that the Southern economy would be devastated. This proclamation did not include the border states which were already part of the Union but were employing slavery in their states. This meant that the enslaved individuals in those border states continued to be enslaved. This proclamation also excluded those who lived in the southern states which had already surrendered to the Union, meaning that those who did not rebel against the Union were allowed to continue to use slavery as their economic system. What the Proclamation did, however, was transform the morality and cause for fighting the Civil War. The Civil War began over the question of whether slavery should exist or not, with the Vice President of the Confederacy delivering a speech declaring the sole purpose of secession to be the disagreement on slavery between the Union and the Confederacy. However, to President Lincoln, being victorious meant keeping the nation intact, and the abolition of slavery was an aftermath. Once the Proclamation was passed, many Americans were convinced that the war was being fought for the abolition of slavery in its entirety in the United States. The Proclamation even gave way for newly freed African Americans to join the Union army and help liberate their brothers and sisters in the Confederate states.
While the Union’s victory was generally a good thing for the progress of America toward equality among all people as it was first outlined in the Constitution, the Emancipation Proclamation was not the document to achieve this goal. Although it changed the trajectory of the Civil War, transforming the initial cause to keep the nation united, into a moral cause of abolishing slavery, it was not until the Thirteenth Amendment was passed that slavery was truly abolished in all the states of the nation. This Amendment, which had followed the proper channels of the Legislative branch, was passed right after the Civil War ended, and right before the rebellious states were admitted back into the Union. On December 6, 1865, the Thirteenth Amendment was officially ratified into the Constitution of the United States. Along with the Thirteenth Amendment, the passage of the Fourteenth Amendment, which granted citizenship to all formerly enslaved individuals, and the Fifteenth Amendment, which granted suffrage rights to African American men, altogether addressed the Civil War’s conflicts, providing a final Constitutional solution to the issue of slavery in America.
So, where does the term “Juneteenth” come from? Although the Emancipation Proclamation had passed in 1863 and the Thirteenth Amendment had passed in 1864, it was not until two months after the Civil War had ended, that many of the enslaved individuals in most Southern states had been made aware of their free status. On June 19th, 1865, two thousand Union soldiers arrived in Galveston, Texas to announce the freedom of all who were enslaved there, and the newly freed African Americans coined the term “Juneteenth” to commemorate the day they received independence and could be truly free.
The Continued Struggle for Freedom and Equality
Image 3 – Source: Yahoo Images
The end of the Civil War, the passage of the Emancipation Proclamation, and the Thirteenth, Fourteenth, and Fifteenth Amendments, were supposed to be the official end to slavery in America, but many scholars have pointed out that slavery only transformed into a modified system. These scholars highlight issues with the wording of the Thirteenth Amendment, which states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The amendment abolished slavery in all instances, except as a punishment for crimes, and the Reconstruction Era, which followed the end of the Civil War, took advantage of the loophole in the Thirteenth Amendment. In the 1890s, legalized segregation became the new normal. The South had faced a lot of loss, both to its infrastructure as a result of the war, as well as its economy (primarily held up by slavery), due to the freeing of their enslaved laborers. Additionally, many white southerners also were not ready to accept the newly freed African Americans, who they did not view as equals.
The infamous Jim Crow laws were proposed as a solution to all of the White Southerners’ problems with the outcome of the war. These laws were made to criminalize as many newly freed individuals as possible, to re-enslave them in the prison systems, and force them to help rebuild the nation, as they had once done under slavery following the Revolutionary War. The Jim Crow laws criminalized such things as being unemployed, not bowing to white people while walking on the streets, drinking from a “Whites Only” water fountain, and many other harmless, everyday actions that displeased any white residents of the area. Many times, lies were told about African Americans simply to land them in prisons and put them to work. These laws were designed to be a criminalization of blackness.
Image 4 – Source: Kala Bhattar; An image taken at Sloss Furnaces in Birmingham, Alabama
This was also the time when Convict Leasing systems began, where imprisoned individuals would be leased to businesses and the state to work as laborers for whatever positions they needed to be filled. This could be working on farmlands, working with heavy machinery, or even in coal mines. Our own Sloss Furnaces, the famous Steel and Iron plant that transformed Birmingham from a small town into the large city it is today, made use of Convict Leasing as well. To read more about the history of the prison systems in America and in Birmingham, as well as details about the convict leasing programs, click here.
The exception in the Thirteenth Amendment has today led America to have the highest rate of mass incarceration in the world and has given way to the Prison Industrial Complex. America houses only about 5% of the world’s population, yet the mass incarceration rate is so large that 20% of the world’s prison population is made up of Americans alone. This is not only unjust, costly, and inefficient, it also shares its roots in the racist history of America’s founding. Many of those who end up in prison are disproportionately people of color, which speaks to the systemic racism present within our institutions. What’s worse, many of the people held in local jails have not even been charged with any crimes. They are awaiting their trial, too poor to post the high bail amounts. Still, others have lived out sentences for crimes they have never committed. This atrocious list goes on and on with injustices, yet a simple solution is to cut down on our incarceration rates. One reason why this is more than an issue of criminality can be determined by looking at the Angola Prison in Louisiana, a plantation farm that operates as a state penitentiary, with their prisoners in chains (like enslaved individuals of the past), officers on horseback (like overseers on the plantations), and the farmland that they are expected to till, harvest and package food for the rest of the community. Until white supremacy and racist ideology continue to exist in America, so too will these unjust forms of oppression, clouded by the legal cover provided to them by the justice system.
Image 5 – Source: Yahoo Images
These facts are bleak but necessary for everyone to understand, so as to be conscious of the continued struggle for true equality in this country for African Americans, and others who have dealt with oppression throughout the history of this nation. Many people think that slavery died following the Civil War, or that it was “more than 200 years ago, so what can we do about it?” Yet, the reality remains that slavery never died, but only transformed into a modern, industrialized version of the same system, which now incorporates a wider umbrella of people to oppress. Juneteenth is not only a celebration of the resistance, courage, and triumphs over oppression by people of our past, but also a day to come together and address the new forms of oppression we face in society today. It is a continuation of the legacy of freedom, equality, and justice started by those before us.
Importance of Juneteenth
Image 6 – Source: Yahoo Images
Juneteenth was officially recognized as a holiday in Texas, which was the first state to do so in 1979. It has recently been recognized as a federal holiday since 2021 after President Joe Biden signed the Juneteenth National Independence Day Act. Juneteenth is a day to celebrate the shared history of African Americans, but also the progress towards peace, freedom, equality, and justice. Fredrick Douglass, a famous orator, author, and abolitionist, in 1852, had famously asked his audience in a speech he delivered on July 4th, what Independence Day meant for those who were enslaved in America. Juneteenth is the true Independence Day for many people who recognize the hypocrisy of the Founding Fathers, who fought the Revolutionary War for “freedom” while enslaving African Americans and stealing lands from the Native Americans. Juneteenth is a time for the rejuvenation of culture among a group of people whose cultures were stolen from them, and all that they were left behind with are their shared ancestry and shared histories. This day is a day to instill a sense of community despite those hardships and losses. Juneteenth is also a time to reflect on the past, rejoice in the resilience and solidarity of those who fought for this freedom, and discuss current events and how to best approach them moving forward. Juneteenth is a day to learn from the past, live gratefully in the present, and prepare for the future.
How Is It Celebrated and Who Can Celebrate It?
Image 7 – Source: Yahoo Images
There are many ways to celebrate Juneteenth. Many cities hold parades and festivals, with local black-owned businesses and food trucks as vendors for the event. These events might include prominent guest speakers and workshops on various topics each year, based on the community’s needs and wants. Others celebrate the holiday by holding potlucks, family gatherings, and backyard barbecues for a more intimate celebration with family and friends. If you want to celebrate Juneteenth but are not comfortable engaging in community activities, there are many things you can do in the comforts of your home, or with friends and family members as well to honor this day. For one, you could learn about the history of Juneteenth. If you are reading this article, then good job, you are already celebrating it!
You can educate yourself about the history of slavery, the Civil War, the Emancipation Proclamation, the Thirteenth Amendment, and any other topic that you might not be too sure about as it pertains to Juneteenth and why it is important to celebrate it. You can do this by going to a museum near you, like the Legacy Museum in Huntsville, which is a great historical walkthrough from the times of slavery to mass incarceration today, or the Birmingham Civil Rights Institute, which focuses on a detailed history of the Civil Rights movement that took place in the heart of Birmingham. You can watch a documentary about these topics, including “The 13th” on Netflix, which takes a deep dive into the loophole of the Thirteenth Amendment that gave rise to the mass incarceration crisis we face today. You can listen to a podcast, like “Deliberate Indifference“, a podcast by Mary Scott Hodgins that focuses on the local Birmingham history of policing and provides details about convict leasing practices in Alabama. You could read literature written by Black authors, whether they be informational, like “Medical Apartheid” by Harriet A. Washington, or fictional like the short story, “Recitatif” by Tony Morrison. You could support Black-owned businesses, locally or online, such as buying your books from a Black-owned bookstore or going out to eat at a Black-owned restaurant. You could educate others about the importance of Juneteenth, including your friends, family members, and even co-workers. As an ally, you can maybe pick up a shift for your Black friend who may want to celebrate Juneteenth with their family, or if you are someone in a supervisory position, you could give a Black co-worker the day off to celebrate Juneteenth. Encourage and empower your Black friends, family members, or co-workers, to feel comfortable to share their opinions and voice their concerns. You could even volunteer at any local Juneteenth event to help make the events successful!
Local Juneteenth Celebrations to Attend
Image 8 – Source: Yahoo Images; An image of the Birmingham Civil Rights Institute, where they host a Juneteenth celebration every year, and spread the festivities to all in the Birmingham community. On their Juneteenth celebration day, admissions to the museum are free so that people in the community (and visitors from other places) can learn and appreciate the local Civil Rights history that took place in the heart of Birmingham
There are many local events that you can attend to celebrate Juneteenth in Birmingham, Alabama. Here are a few that might be of interest:
Juneteenth: The Cookout, hosted by the Birmingham Civil Rights Institute on June 17, from 10 am-4 pm. There will be food trucks, live entertainment, a children’s village, tournaments, food competitions, genealogy workshops, and even a free tour of the museum!
Juneteenth Social is hosted by the UAB Black Alumni network at the Southern Kitchen Roof Top Bar on June 17th from 7 pm to 11 pm. Tickets are $25 each, and the proceeds go to the Kappa Delta Omega Psi Phi memorial scholarship for incoming African American Male students.
Second Annual Juneteenth Freedom Celebration, hosted by The Lifting As We Climb Foundation on June 18th, from 2 pm-9 pm at the Arlington Historic House in Birmingham. There will be food, fun, education, entertainment, and fireworks, and the tickets start at $20 for early bird tickets and $25 for general admissions. Bring small tents and lawn chairs, and be ready to eat from the food trucks on site.
Juneteenth in the Magic City 2023, hosted by Simone’s Kitchen ATL, on June 18, from 4 pm-10 pm at the Club M Compound. There will be food trucks, vendors, live bands, fireworks, African dances, and various other entertainment. Tickets start at $15 for Early Bird tickets and $20 for general admissions.
Juneteenth Pop Up Art Exhibit, hosted by Studio 2500 on June 16, at 6 pm for all the artistic, creative folks. Admissions start at $10 per person, children under 13 are free, and tickets can be purchased online at their website. They will have food, music, and an open mic, so bring lawn chairs and your own beverages, and take in the creations of our fellow Birmingham local artists and performers.
Juneteenth Open Mic is a virtual event being held on June 19th to highlight musicians, poets, hip-hop artists, and other Black artists who would like to participate. If you are a local artist and you would like to increase your followers, this is the event for you. If you just want to show up virtually to support local artists, you can do that to buy going to their website and purchasing tickets to vote. Tickets start at $10, whether you are performing, a part of the audience, or even a vendor. Again, this is a virtual event, so all you need is your laptop and internet!
However you choose to spend the day, make sure to be conscious of what Juneteenth represents to you and to those around you, and together we can actively, and intentionally work to make our world a better place for future generations!
Perhaps, recently, you have seen TikToks, videos, or news broadcasts discussing the ongoing protests in Paris. If you are not sure what is going on, do not fright. In this blog, I will discuss this topic and hopefully help bring to light what the current French demonstrations mean.
What is Article 49.3?
(source: yahoo images)
Before we can get to discussing the protests in Paris, we must first talk about a crucial fact about the protests: the fact that they started due to a feature of the French Constitution. Article 49.3 of the French Constitution, put lightly, allows the government to push through a piece of legislation without the approval of France’s lower house of parliament, the National Assembly.
This legal maneuver is completely legal and has been in practice since 1958, when it was introduced by Charles De Gaulle. Despite this, many French citizens see Article 49.3 as undemocratic. This is not a surprising assertion, as using Article 49.3 forgoes one of the most rudimentary components of democracy—votes.
However, the government is not completely unchecked. After Article 49.3 is used, lawmakers who oppose the published legislation have 24 hours to file a no-confidence motion against the government. A one-tenth majority amongst the lawmakers in the lower house is required for the motion to go to the floor where it is debated. For the next couple of days, debate and voting about the bill will take place amongst the politicians.
For the no-confidence motion to succeed and reject the bill, it must get an absolute majority of votes. That is, more than half of the lawmakers must vote to reject the bill pushed forward by Article 49.3. If the motion does not get an absolute majority, the motion fails and the bill remains.
Notably, successful no-confidence motions are rare in France. The reasoning for this is that a successful no-confidence bill not only stops a bill from being enacted, but removes the Prime Minister and Cabinet from office (the president remains). Due to this, many lawmakers who are loyal to their higher-ups in government may hesitant in voting in favor of the no-confidence motion, as it will end up “toppling” the government.
Interestingly, since Article 49.3 was legitimized in 1958, only one successful no-confidence motion has ever passed. It was in 1962.
The Protests
(source: yahoo images)
Now that we have constructed an understanding of the French legal system, we can look into exactly what has sparked protests and how Article 49.3 was involved.
On March 16, 2023, France’s president, Emmanuel Macron, pushed a bill via Article 49.3 that raised the retirement age in France from 62 to 64. This sparked widespread protests in Paris, the capital of France, as citizens deemed this move by Macron to be undemocratic. Allegedly, Macron used Article 49.3 because he calculated that his bill would not pass if it went to the National Assembly. Interestingly, it has been reported that this move was an unprecedented move by Macron, as even members of his own party urged him not to invoke Article 49.3.
As has been aforementioned, after Macron’s move, citizens took to the streets of Paris and began protesting. Garbage fires, road blockages, and even graffiti were some of the things conducted by the protestors. In fact, the protests were so widespread at some point that visitors arriving at Charles De Gaulle, France’s biggest airport, were unable to order rides into the city as roads were blocked.
Therefore, it ought not to be surprising that lawmakers instantly filed a no-confidence motion against Macron and his bill. However, after debate and deliberation, the no-confidence motion was unsuccessful, which falls aligns with the motion’s typical fate. On March 20th, the motion was voted on and only received 278 votes out of the 287 votes required to nullify the bill and unseat the government.
Moving Forward
(source: yahoo images)
What the failure of the no-confidence motion means, we have yet to find out. However, what we do know is that moving forward, the bill proposing the change in the retirement age from 62 to 64 will become law. Currently, protests are still ongoing in Paris. Whether or not they will continue, we have yet to find out. Moreover, what lawmakers will do about the fact that their constituents are protesting a bill is also unknown.
However, this series of events in France has raised a meaningful question: how much authority do the people of a nation have over the government? Should the people dictate how the government is run? Does government reflect the people, or do the people reflect the government?
Empirically, it seems that the majority of the French oppose this bill. Yet, despite this, it was not only enacted by their president, but it failed to be overturned by lawmakers. However, if there is one motif the French have instilled in history, it is the motif of representation of the people. One only needs to look to the French Revolution, and all of the many revolutions afterward, to be remained of the fact that the French take pride in their nationality, and will simply not rest until the government reflects the ideals of the people.
Everyone has heard of global poverty and its horrendous consequences; however, for some people, that is where their knowledge ends. In this blog, I am going to undertake the task of succinctly compiling facts and statistics about this incredibly broad topic. My hope is that, after reading this blog, you are more inclined to speak out on global poverty and educate others on the topic.
A Rudimentary Understanding
(source: yahoo images)
Global poverty is an umbrella term for poverty that exists throughout the entire world. That was the easy part: defining global poverty. However, defining poverty is a tad bit more tricky. We can surely say that poverty is a status: the status given to those whose annual income falls under a bar; however, poverty is more than just low annual income.
The United Nations, in particular, has defined poverty as, “a denial of choices and opportunities, a violation of human dignity. It means a lack of basic capacity to participate effectively in society. It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which to grow one’s food or a job to earn one’s living, not having access to credit. It means insecurity, powerlessness, and exclusion of individuals, households, and communities. It means susceptibility to violence, and it often implies living in marginal or fragile environments, without access to clean water or sanitation.”
In addition, when discussing poverty, there is a distinction between relative deprivation and absolute deprivation. Relative deprivation is a function of inequality and can be defined as “the lack of resources (e.g. money, rights, social equality) necessary to maintain the quality of life considered typical within a given socioeconomic group.”
Absolute deprivation, on the other hand, is when one’s income falls below a level where they are unable to maintain food and shelter. Studies have shown that relative deprivation, or the inability to live up to the basic standards of living set forth within a particular community of reference, can be just as harmful to health outcomes as absolute deprivation. For example, research suggests that diabetes – a disease associated with modernization – is not a function of poverty, as the poorest countries show the lowest incidence among the global population. It is in nations that exhibit increasing political-economic and social inequality, including the United States, that diabetes has emerged as a leading cause of death and a serious public health threat.
Therefore, it should go without saying that our goal should be to diminish all forms of deprivation globally.
Statistics and Facts
(source: yahoo images)
Personally, what I find most disturbing about global poverty is its breadth. Grounding this point is the fact that, according to the World Bank and WorldVision, “About 9.2% of the world, or 689 million people, live in extreme poverty on less than $1.90 a day.”
Practically one in ten people within the world are living in poverty.
To better understand the magnitude of this issue, imagine the following scenario: you live in this fantasy world where, in an effort to promote international toleration and cooperation, 30 children from all around the world get arbitrarily placed together into a classroom. Out of those 30 children, three of them would be living on less than $2 a day. If you are reading this blog, then you naturally have access to some sort of electric device. Those three children, in a year, will not have accumulated enough money to purchase your device.
A logical question that might follow from the preceding scenario is that it is wrong of me to solely include children in made-up scenarios because adults, after all, also live in poverty. While that is undeniably true, they by no means make up the majority. Over two-thirds of those living in poverty are children. Of those children, women represent the majority.
Let us quickly look at local poverty—specifically, poverty within the United States. In the United States, as of 2019, around 10.5% of people live in poverty. The poverty line in the United States is around $13,000, and thus, each person living in poverty makes around $35 a day. Let us make note that these statistics are from 2019, meaning they are pre-pandemic. In 2020, the percentage of people living in poverty went up by one point to 11.4%. Ostensibly, that raise seems miniscule; however, it accounts for 3 million new Americans who entered poverty, also now making less than $35 a day.
All poverty is bad: that is undisputed. However, one who lives in America might confuse American poverty with global poverty as it might be what they encounter daily. This presents a problem because this cannot be done as they are by no means the same. Those in poverty in America statistically make ten times more a day than those living in poverty abroad. That is a big difference; we can not equate the two.
Education
(source: yahoo images)
Education is a human right; that is undeniable. Every human who walks this Earth has the right to get an education and develop individually. However, living in poverty makes education incredibly difficult.
One study has found that, of those who live in poverty and are over the age of 15, 70% have only a basic education with no formal schooling. That means that if you are born into poverty and have no way of elevating out of this status, then, statistically, you are unlikely to get an education. This is an immense issue due to the fact that, according to UNESCO, education is the key to climbing out of poverty. In fact, UNESCO stated that, “if all students in low-income countries had just basic reading skills (nothing else), an estimated 171 million people could escape extreme poverty. If all adults completed secondary education, we could cut the global poverty rate by more than half.”
The dilemma is that the path out of poverty is through education; however, living in poverty makes education harder to achieve.
However, in the past years, steps have been made in the correct direction, and education rates have indeed increased. A rise in education is beneficial to not just those living in poverty, but the nations they live in as well. In fact, a study published by Stanford University and Munich’s Ludwig Maximilian University shows that, between 1975 and 2000, 75% of the increase in a nation’s gross domestic product (GDP) can be attributed to the increase of math and science skills amongst the population.
Therefore, education not only improves the lives of those in poverty, but also the well-being and economy of the nation and its people. It is for those reasons, amongst many more, that education is, and should forever remain, a human right.
Impacts
(source: yahoo images)
In addition to the lack of education, those living in poverty face a multitude of other negatives. For one, a study found that adults living in poverty are at a “higher risk of adverse health effects from obesity, smoking, substance use, and chronic stress. [IN ADDITION], older adults with lower incomes experience higher rates of disability and mortality.”
In addition, this same study found that those living in the top 1% generally have a life expectancy 10 years greater than those living in poverty. Moreover, one study found that, for children and adolescents, poverty can also cause differences in structural and functional brain development, which impacts “cognitive processes that are critical for learning, communication, and academic achievement, including social emotional processing, memory, language, and executive functioning.”
Therefore, with the aforementioned facts in mind, it is easily concluded that poverty is an immense issue, and political leaders should be doing more to help relieve the issue.
So, naturally, one might ask: why is nothing being done? One response to this question comes from the World Systems Theory. This theory is complex, so I will try my best to briefly discuss it. The theory states that all nations are divided into three systems: the core, the periphery, and the semi-periphery. Essentially, the theory states that the core nations, which are the most politically and economically powerful, use the periphery and semi-periphery nations, which are filled with developing nations, for cheap labor and resources. The core rewards the periphery for their resources and labor, but not enough that the nations develop at such a pace that they become equal to the core nations. This in turn causes a dilemma in which the periphery depend more on the core than vice versa. Some might argue that this in turn perpetuates global poverty as the core nations are doing the least to help developing nations. In other words, the rich get richer and the poor get poorer, thus exacerbating both absolute and relative forms of deprivation and sustaining the cycle of poverty.
Moving Forward
(source: yahoo images)
As mentioned previously, global poverty has indeed been decreasing. According to WorldVision, “Since 1990, more than 1.2 billion people have risen out of extreme poverty. Now, 9.2% of the world survives on less than $1.90 a day, compared to nearly 36% in 1990.”
We are still heading down this path of poverty reduction, and it is vital that we continue to do so. Perhaps, one day, we will live in a world free of poverty—a world in which every single person is educated, well-nourished, and does not have to fear starvation. It is my hope that after you finish reading this blog, you will share any knowledge and statistics you may have learned with others. The first step in resolving an issue–and continuing to resolve it—is acknowledgement. If more people are aware of how detrimental poverty is, more people will in turn be inclined to help fix it. We need more support and commitment to a world in which poverty is mere history.
An image of a tightly packed women’s prison. Source: Soumya Misra (Nursing CLIO) via Yahoo Images Public Domain
This is a continuation of the conversation about the Alabama Prison Crisis as exposed by Mary Scott Hodgin in her podcast, “Deliberate Indifference.” If you have not read the previous blog post on this topic, “The Ongoing Alabama Prison Crisis: A History”, it is recommended that you do so. Also, if you would like more information and details regarding this topic, please listen to the podcast, “Deliberate Indifference,” by Mary Scott Hodgin. Now, without further ado, let us jump right in from where we left off.
In the previous blog, we focused on the history of prison systems in America, and particularly, some of the legislations and ideologies that laid out the foundation for the correctional institutions we know today. We explored in detail the convict leasing system that helped rebuild the infrastructure of the Antebellum South following their defeat in the Civil War, and the racialized laws and legislations that disproportionately landed Black and Brown people in prison over their White counterparts. The War on Drugs era followed by the Tough on Crime era landed hundreds of nonviolent offenders in prison, serving longer and harsher sentences and life without parole. While our focus in the last blog was more nationwide, it was necessary context to set the stage to better understand the realities that face the Alabama prison systems focused on in this blog.
The objective now is to look deeper into the conditions of the penal system in Alabama, the lawsuits they faced in 2017, and the most recent one in 2020, how the pandemic exacerbated these conditions, the prison strikes that took place within these prisons, and some ways to move forward to bring about actual change – change in the mindset of our fellow Alabama voters, and a shift in the way the prison population is viewed and treated as a whole. We will look at some groups that are trying to do just that, from organizations like Alabama Appleseed and the Offender Alumni Association to religious groups and other educational groups that sponsor programs within the prison system to provide opportunities for higher education to the imprisoned population.
Prison Conditions
An image depicting a dormitory-style housing unit. Many of Alabama’s prisons are structured this way. Source: Yahoo Images via ACLU
While exploring the most recent reports that resulted from the federal investigations of Alabama’s prisons, there were many similarities in the reports. While the problems of understaffing and overcrowding were expressed in detail, (which will be discussed below), there was also extensive observation of the living conditions inside the prisons. What the investigations revealed was shocking, and despite having been advised to address these issues even in the 1970s investigation of Alabama’s prisons, the conditions had not improved. Rather, it had deteriorated even more due to the consequences of staffing and crowding issues.
Both reports extensively provide detailed examples of violent outbreaks within the prisons, between prisoners, and even at the hands of prison staff targeting the prisoners. Many such incidents go unreported, and others have even ended in the death of the imprisoned person. One of the things that contribute to this violence is the structure of the prison itself. Many of Alabama’s prisons are fashioned in a dormitory-style of housing units instead of the individual cell units depicted in popular culture. These housing units are essentially enormous halls that are secured on the perimeters, with bunk beds piled into the room as close as they can fit. With little to no privacy, and jampacked in tight spaces, people can get easily agitated, and this can lead to violence. Due to the overcrowding issue, many people are even expected to sleep on the floors, which can be unsanitary and uncomfortable. Due to the continuous staffing issues these prisons face, these large units may go unguarded for long periods of time, sometimes even entire shifts.
This puts both the inmates within the units at risk for violence, and the prison staff who, to the incarcerated individuals, represent the authority from which these conditions are sanctioned. Even still, many officers, due to the understaffing issue, have overlooked contraband possession (such as drugs or cell phones), deciding to pick and choose their battles in an already tense environment. As a result of all these issues, corruption is rampant within the prison walls, and many prison staff, according to narratives from both reports, take advantage of this tense environment to assert dominance over prisoners with increased brutality. People who are incarcerated are not viewed by society as individuals with their own pasts and presents. They are only viewed as “criminals,” remain invisible to society and are dehumanized. Regardless of the crimes that a person commits, they are at the end of the day, still, people, who deserve dignity and basic human decency. As an institution of the state, prisons are legally responsible for providing a safe and secure environment for people who are incarcerated to serve out their sentences as punishment. The American Constitution does not support “cruel and unusual punishments”, and under the Universal Declaration of Human Rights (UDHR), the rights of imprisoned individuals are fully supported.
An infographic that lists the universal rights protected under the Universal Declaration of Human Rights (UDHR). Source: Irish Times via Yahoo Images Public Domain
2017 Federal Investigation
In the previous blog, we focused on how the prison system of Alabama has been under federal investigation nearly 50 years ago in the 1970s. Unfortunately, the conditions outlined in those reports were never fully addressed, and the issues that were highlighted have only been exacerbated over the years. In September 2017, the Department of Justice from the federal government toured one of Alabama’s prisons, Bibb County Correctional Facility, for their official investigation of prison conditions in the Alabama penal system. What they uncovered was outlined later in a report published in 2019, stating over 50 pages worth of evidence against Alabama, and the minimal expectations the federal government laid out for Alabama to achieve, both short-term and long-term.
The report is prefaced by the fact that these concerns were underlined within a week of their investigation. According to the report from the observations made in 2017, the Alabama correctional facilities faced a myriad of issues, including an overcrowded prison population, with dangerously low staffing, issues of contraband entering the prisons, and a host of observations pertaining to violence within the prisons, including physical, mental, and sexual violence. As discussed in the previous blog, these overcrowding issues come from the various legislations that were passed, increasing the lengths of sentences, criminalizing drug abuse and mental health issues (instead of treating them as medical issues requiring rehabilitation and treatment), and incorporating mandatory sentencing minimums and three-strikes laws. Along with identifying the concerns stated above, the report also deemed the penal system’s inadequate protection of its inmate population from harm, violence, and death, a failure. The report discussed at length how, along with unsanitary living conditions, there are dangerous weapons and drugs that are circulating within the prisons, making them unsafe for both the incarcerated people, as well as the officers who work there. This in turn is both caused by and exacerbated by the issues of overcrowding and understaffing within the prison walls. With fewer officers to supervise the dormitory-style prisons in Alabama, incarcerated people are packed together to fend for themselves.
While not all people locked up in prison are violent offenders, studies have shown that desperation, (which is rampant in these prisons), can lead to violence, distrust, and increased criminal behavior within the population. While the study referenced focused on populations outside of prisons, it is safe to assume that these results are only amplified within the prison system. The people within are both desperate and already undergoing punishment, which means that even the threat of punishment is not a deterrence from committing these violent acts. This also means that with fewer officers to supervise the dorms and halls of the prison, the overall violence within the prisons is increased, making it dangerous for the entire prison population.
As explained in both the report by the federal investigation, as well as the podcast by Mary Scott Hodgin, there were at least 11 men that died in 2019 alone due to the increase in violence within the Alabama prisons. To make matters worse, the federal investigation also found that the Alabama prison system’s record-keeping on these incidents and others was inaccurate, finding that there were many incidents that went unreported, and even many deaths misclassified as due to natural causes or medical reasons rather than due to the violence found within the prisons. If you count the total number of deaths within the inmate population in 2019 classified as natural causes or otherwise, the number is as high as 119 deaths.
An infographic providing statistics on mental health in the prison system. Source: Cabrini University via Yahoo Images Public Domain
In addition to the misclassifications and incidents not being reported, Hodgin also details in her podcast the inadequate mental health care offered to incarcerated individuals within Alabama’s prisons. This can lead to an escalation of violence, and abuse of drugs, and place incarcerated individuals dealing with mental health issues in dangerous situations. Without the proper medical attention required to treat these individuals with mental health illnesses, prisons can become a charged environment that can exacerbate their conditions, making them more vulnerable to both becoming victims of violence, as well as the perpetrators of the violent acts. Unfortunately, because people with mental health issues are four times more likely to be imprisoned instead of receiving treatment and care, many individuals in prison already enter the system without knowing how to follow social norms. This can put them in danger of being abused by officers and other imprisoned individuals alike, and without proper care, their conditions can become worse, and at times, can end in death, either at their own hands or at the hands of another.
Another major topic of concern addressed in the report is that sexual abuse and sexual violence. Sexual violence is rampant in Alabama’s prisons, and this issue is exacerbated by the understaffing issue present within these facilities. With fewer officers staffed to care for increasing numbers of imprisoned people, there is less monitoring and supervision taking place, creating a breeding ground for violence, both sexual and physical. Much of the sexual abuse either go unnoticed, or unreported by staff members, and while the victims can report these incidents too, many choose not to for fear of retaliation or feelings of shame. Their fear is not unsubstantiated, as many accounts have been provided in which sexual assaults took place in retaliation to the victim’s reporting of a previous sexual assault. In addition to the low staffing numbers, many of the facilities in Alabama are constructed in a dormitory style, meaning that imprisoned individuals are grouped into a big hall rather than individual cells. This can be challenging for clear visibility of each individual inside the prison and their whereabouts. At times, only one or two officers may be in charge of the entire unit, and sometimes, the incarcerated people go unsupervised.
Many incidents of sexual assault occur as a result of “drug debt”, where an incarcerated person owes another incarcerated person money for drugs or other contraband and does not pay. There have even been incidents where family members of people who are incarcerated have been extorted for money, with the threat of sexual violence against their imprisoned family member. Many victims of sexual abuse within the prisons also alleged that these instances occurred after the victims themselves were drugged or held at knifepoint. While much of this goes unnoticed by the prison staff, some reports that do manage to document these incidents have even labeled sexual assault as “homosexual acts” rather than nonconsensual sexual abuse. People who are incarcerated that belong to the LGBTQI+ community are even more vulnerable to sexual violence simply for their identity. Unfortunately, many of the officers in charge of ensuring that the prisons comply with the Prison Rape Elimination Act (PREA), are not even aware of who among their incarcerated population belongs to the LGBTQI+ community. The PREA flags the LGBTQI+ population as being most at risk for sexual crimes, and the PREA managers in the Alabama Department of Corrections are not fully complying with the standards set by the legislation.
After identifying and explaining the various issues the Department of Justice found within Alabama’s prison system, the report argued that these conditions violate the constitutional rights of the incarcerated people, and as such, provided some bare-minimum measures that Alabama should take immediately to avoid a federal takeover of the prisons. These remedies included addressing the issues of overcrowding and understaffing, the rampant violence (both physical and sexual), the access to contraband, and the living conditions within the facilities. In addition to these short-term measures, the report also suggested some long-term measures to implement, including – among a list of other things – better incentives to improve staffing issues, improved systems to track, record, and address issues of violence, and more regulation over prison conditions and treatment of the imprisoned population. Alabama closed down one prison after this report (Draper Correctional Center) and closed a particularly harmful “behavioral modification unit” or “hot bays”, (where incarcerated individuals are held as punishment for violence and drugs within the prison) at Bibb Correctional facility. While these closures were a good place to start, they should be in no way, the only solutions to the long list of problems outlined by the report following the federal investigation. Unfortunately, Alabama, as expressed in the report itself, has been “deliberately indifferent” to these situations, and as a result, experienced yet another investigation in 2020.
2020 Federal Investigation
An image of an overcrowded cell colored in red symbolizes prison violence. Source: ProPublica via Yahoo Images Public Domain
The 2020 report from the Department of Justice’s investigation into Alabama’s prisons found similar problems echoed in the 2017 investigation they conducted. As mentioned in the 2017 report, the 2020 report also addressed issues of overcrowding of prisoners, stating that all of Alabama’s 13 prisons held thousands of people over the capacity they were designed for, making Alabama’s prisons among the most overcrowded prisons in the nation. This report also referred to the dangers of not having adequate staff members to care for and run these overcrowded facilities, this time focusing on how these staffing and overcrowding issues have led to an increase in officers using excessive force against the incarcerated individuals, further aggravating the violence that exists within the prison walls. This issue of excessive force is further examined in the report, claiming it is a violation of the Eighth Amendment to the Constitution of the United States which outlaws cruel and unusual punishments against imprisoned people.
The 2020 report details the many reasons why officers use excessive force against people who are imprisoned. Unfortunately, many officers have been known to use violence and excessive force to “handle” a situation, even in times when there is no physical threat to the officer, and even when the incarcerated people are complying with the given orders. This has the tendency to escalate the situation, placing both the incarcerated individual and the officers in danger’s way. The report provides various examples of such incidents where the imprisoned people are reported to be complacent with the officers’ instructions, even handcuffed without ways to fight back, but have still been beaten, tortured, and abused inhumanely. These officers filed false incident reports claiming that they did not engage in such actions, and even after investigations of the incidents, the officers did not face any legal consequences or disciplinary actions for their behavior.
At times, excessive force is used by officers as a form of punishment or retribution for disrespecting the officers or reporting them. The 2020 report describes multiple incidents where excessive force was used against incarcerated people simply for not following the specific directions laid out by the officers. One incident includes an imprisoned person being physically abused and forced to eat all the leftover chicken for simply wanting some extra food. Other incidents outline the use of chemical sprays to punish incarcerated people or as a form of retribution for not following verbal orders. Chemicals sprays are used even in times when the imprisoned people do not pose any physical threats to the officers. Finally, many officers also use force to simply assert dominance and inflict pain on their charges, something that not only endangers the people involved (both officer and incarcerated individuals) but also causes the incarcerated individuals to distrust the officers in charge, escalating the tensions between the two groups.
All these incidents are violations of the eighth amendment, and while many of the investigations that these incidents resulted in agreed that there was no justification for the use of excessive force in any of these outlined incidents, the officers faced little to no disciplinary actions for their conduct. The Department of Justice also included this issue in their report, arguing that unsurprisingly, officers either fail to report or inaccurately report incidents where excessive force is used. Many times, excessive use of force is investigated internally and recommended for an I & I investigation (Investigations and Intelligence unit of the Alabama Department of Corrections in charge of investigating misconduct by prison staff). Unfortunately, the report declares that of all the incidents recommended to the I&I unit, only 40% of them are actually reviewed. To make matters worse, many of the cases that are investigated by the I&I unit, where excessive force has been confirmed, are seldom referred to be criminally prosecuted. This means that many of the officers abusing their authority and misbehaving with incarcerated individuals go unpunished for their conduct. Many more of the incidents where excessive force is used go unreported, with only the victim’s bruises to bear witness to the incident. For fear of retaliation, many imprisoned persons go without reporting the abuse they face at the hands of officers. If the victim does not cooperate in the investigation, the incident is deemed “unsubstantiated”, and the investigation is closed.
Following their investigation, the federal government proposed a list of measures that Alabama’s Department of Corrections needs to take in order to fully comply with federal regulations for correctional institutions. These immediate measures included the need for more I&I investigators, a better system for victims of abuse from officers using excessive force to report their incidents anonymously and independent of the prison’s authorities, clear procedures for accountability for officers, and better documentation and investigations of incidents where excessive force is used.
COVID-19 and Its Impact on the Prison Population
A cartoon depicting a prisoner digging with a shovel, with a caption underneath reading: “I’m not escaping. I’m just trying to get tested for Covid-19.” While this image was referencing the protocols followed by Mississippi prisons, this was essentially the same in Alabama’s prisons as well. Source: Mississippi Today via Yahoo Images Public Domain
In addition to these inhumane conditions the imprisoned population experience that violate the basic human rights of incarcerated people, the outbreak of Covid-19 greatly amplified this issue, and soon, the prisons became a contagious and deadly environment for both the prison staff and their charges. With little to no access to adequate healthcare and deteriorating mental health caused by the conditions of their environment, people who are incarcerated are especially vulnerable to disease outbreaks. On the national level, according to a study conducted in 2020 by the American Medical Association, people incarcerated were five times more likely than people living outside the prison system to be infected by the virus, and the death rates among prison populations were higher than the national average at the time. Making matters worse, due to conditions of overcrowding inside the prisons, the outbreak was especially dangerous, as incarcerated people were unable to adequately quarantine and unable to maintain safe social distance between each other. There was also the probability of prison staff bringing the virus into the prisons from the outside world, and also recirculating the contagion within the prisons back into the larger society. A UAB publication by the School of Public Health declared the prisons a “petri dish for COVID-19”.
To add to this problem, the prisons were notoriously unsanitary, meaning that preventative measures such as maintaining clean spaces and washing hands with anti-bacterial soaps, were impossible to maintain. Furthermore, understaffing issues complicated this situation, as those who were infected were either neglected until conditions were too bad to ignore, or they were provided with inadequate healthcare measures. In Alabama, a unique situation further complicated the negative consequences of the pandemic. A large portion of Alabama’s prison population belongs to the older age groups due to the strict and long sentencing laws of the state, and the fact that the pandemic was considered to be even more dangerous for elderly people further put people incarcerated within Alabama’s prisons in jeopardy. Access to healthcare within the prison system makes this issue life-threatening, and despite the urgency from the American Medical Association to include the prison population in the vulnerable communities list for vaccinations, the Equal Justice Initiative reported that Alabama’s prisons denied its incarcerated people vaccinations. While some prison staff received vaccines, they were not required by the state to be vaccinated to work in the prisons, continuing to place the lives of incarcerated individuals in peril. As a result of inadequate protective gear (such as masks), and negligent behavior on part of the state and the prison staff, the prisons in Alabama encountered a large number of Covid-19 deaths.
Alabama Prison Strikes
A group of people protesting prison conditions and calling for the protection of the rights of incarcerated people. Source: Occupy Oakland via Yahoo Images Public Domain
After living through the grave conditions of the pandemic, and witnessing the unchanging environment within the prisons, the incarcerated individuals decided it was time to take matters into their own hands. In September of 2022, incarcerated people from all of the 13 prisons in Alabama began striking against the prison conditions they endured. They argued that the prison system was violating their basic human rights, provided inadequate healthcare, and did not in any way prove to be a place of rehabilitation for the imprisoned population. Instead, they initiated a strike, refusing to work their prison jobs (such as in the laundry department and the maintenance department) that they did not receive compensation for, called for improvements in prison conditions, and demanded reforms to the harsh sentencing laws currently in effect in the state of Alabama.
While imprisoned persons are demanding to be treated fairly in prison, the governor of Alabama, Kay Ivey, insisted that the demands of the prison population were “just unreasonable,” maintaining that the new construction of the two mega prisons in Alabama would solve all these issues of understaffing and overcrowding. These mega prisons, built with the use of funds designated to the state for pandemic relief, (causing public debate on this controversial subject), are supposed to provide more space for the overcrowded prisons in Alabama, and reports have surfaced about the possibility of hiring more officers for the newer mega prisons. This project will receive a total of over $1.2 billion in funding, of which $400 million comes from the pandemic relief funds.
What is vital to include here is that while these two new prisons will provide more space to house incarcerated individuals, (up to 4,000 in each), these prisons are replacing existing prisons with newer technologies and facilities. While this may seem like an improvement in some prison conditions, (such as more security and cleaner, sanitary units), it does not solve issues of overcrowding or staffing issues. The massive budget awarded to this project, instead of going toward building two mega prisons, could have been used more wisely to address the core issues of society that increase crime and criminality within its community. In addition, certain legislation and reforms could have been passed to overturn the harsh sentencing laws that exist in Alabama today. This would have solved both the issues of overcrowding and understaffing, as with fewer people being incarcerated and more people qualifying for parole, the total amount of people within the system would decrease, which would also lead to a decrease in the number of incarcerated people the prison staff is responsible for. A decrease in the prison population would also lead to a decrease in violence and more space for each individual within the prison walls.
Existing Resources
An infographic depicting the difference between education and incarceration. Source: Yahoo Images via QEDfoundation.org
There are many organizations that have attempted to address both the various issues that incarcerated people face within the prison system and those face as they re-enter society after completing their sentences. These organizations include Alabama Appleseed, Offender Alumni Association, Shepherds Fold, One Roof, and Aid to Inmate Mothers. Alabama Appleseed, which belongs to the national Appleseed Network, is a Center for Law and Justice that focuses on equity and justice, and research around prison reforms in Alabama’s penal system. The Offender Alumni Association, recognizing the importance of human connection, focuses on providing support and engagement within the prison walls, and community and stronger familial relationships outside, all while aiming to end the stigma around imprisonment. This organization is a support system for incarcerated people run by people who have been formerly incarcerated and engage in community efforts such as their Heroes in the Hood program to help inspire meaningful goals within the younger generations of high-risk communities to channel their energy toward community restoration. Shepherds Fold, as a transition home, provides similar services from a faith-based approach, instilling Christian values within their participating members. One Roof, an organization whose mission is to end homelessness in Alabama, is yet another resource for people re-entering society after being incarcerated. Through their practice of Coordinated Entry, or an in-depth needs assessment, One Roof is able to secure housing for those in need and point them to additional resources they may require based on their assessment. This can be very helpful for many, especially those who have been incarcerated for decades long, and who may not be aware of what resources exist in the community, or how to go about securing them. Finally, Aid to Inmate Mothers (AIM) is an organization that provides assistance to mothers who are incarcerated, both during their incarceration, as well as their transition period into society after their sentences have been served. AIM provides transportation to children for visitations with their mothers in prison and provides incarcerated mothers opportunities to record bedtime stories for their children. Their reentry programs aim to reconnect mothers with their children, provide a few essentials for those leaving prison, provide classes on life skills, job preparedness, parenting, and other topics for those who are interested, and even provide transition housing for a year, though it comes with a few eligibility requirements, including rental fees charged weekly.
There are also educational opportunities that are provided for incarcerated people in Alabama’s prisons. The Alabama Prison Arts and Education Project led by Auburn University, and the Donaldson Lecture Series led by the University of Alabama at Birmingham (UAB) are only two such programs. The Alabama Prison Arts and Education Project provides incarcerated individuals a chance to earn college credits while serving time. These courses are offered in the field of arts and sciences, and for those who can keep up with the standards of Auburn’s academic programs, this is a great opportunity for incarcerated individuals to pursue higher education, and as a result, be better equipped to handle the professional world upon their release. Similarly, UAB also offers lecture series at Donaldson Prison. While not as extensive or academically progressive as Auburn’s program, the Donaldson Lecture Series focuses on educational talks given to incarcerated individuals within the prison every other Tuesday for academic enrichment purposes.
Shifting the Mindset Around Crime and Punishment
An image of solidarity in favor of Prisoner Rights; Source: Yahoo Images Public Domain via Racism.org
These resources are well-intentioned and have helped save so many lives to date. Yet, this is not enough; there is a much-needed shift in the societal mindset around crime and punishment. The issue of the prison system is rooted in the racist founding of this nation, and as such, has systemic implications on various areas of a person’s life. Reforms can only go so far, as they are still pieces of legislation that try to make changes to the existing laws, but they still operate under those same laws. There needs to be a shift in the way incarcerated people are viewed within the larger society, and there needs to be a reexamination of the laws on the books since most of the institutions in America are rooted in beliefs of supremacy. Some things that can help us rethink the way we approach topics that involve imprisoned people are suggested below.
As explained earlier, changing the language around how people in prison are talked about can humanize the population and foster compassion towards the group. Refer to them as imprisoned persons or people in prison rather than branding them the title of “prisoner” or “inmate”. This helps shift the narrative. “Prisoner” or “Inmate” seems to imply that these individuals are criminals at the core, and brands them as “others” in the eyes of society. Instead, referring to them as “imprisoned people” implies they are human, with natural rights, and only living in a condition of imprisonment rather than being defined by their conditions.
Finally, I leave you with a challenge: rethink how crime and punishment are framed in our society. Who is held accountable? Who isn’t? What acts are considered criminal and what aren’t? Who decides which acts to define as criminal and which ones do not? Who benefits from the current criminal “justice” system? Does committing a crime make you a bad person, a “criminal” for the rest of your life, or should you be given another chance to reform? Should people be branded innately “criminal” or are their actions influenced by the conditions of the society they live in and dependent on the context and motivations behind the crime committed? Is it fair to punish someone based on actions (mistakes yes, but still actions) committed as young people for the rest of their lives? Why is it that our society places the label “criminals” on people who commit crimes, but refuses to see them as anything else? People can be “criminals” and still be artists, musicians, poets, writers, activists, metal workers, etc. Why does our society insist on placing a singular label on this population? Could it be to easily forget their existence, to remove humanity from their essence? All these are necessary questions to ask ourselves to understand our own biases towards imprisoned people and began to rethink our own actions that can have long-lasting consequences on the lives of so many. After all, this prison crisis is happening in our own backyard, and if we do not speak out against these atrocities, we are just as guilty as those committing them.
“Statue of Lady Justice” Source: Jernej Furman via Flickr
Note from the Author: This blog was written to accompany the Social Justice Café Transitional Justice: Here & Now hosted by the Institute for Human Rights at UAB on Wednesday, November 30th at 4:00pm CST. At this event we will discuss a brief history of Transitional Justice in the United States and hold an open discussion about what it could look like in the home city of the Institute, Birmingham Alabama. You can find out more information and join the virtual event here. In this post, we will explore transitional justice in the United States. We will have another post on the international context of transitional justice.
Transitional justice is a field of international justice that “aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations” (OHCHR). Often referred to as TJ, transitional justice is a system of multiple mechanisms and processes that attempt to create stability and ensure justice and remedies for victims of oppression and human rights transgressions. Some of the most commonly used mechanisms of TJ are truth commissions (TCs), reparations, and trials of perpetrators.
In practice, transitional justice has often been restricted to nations following active conflict or repressive authoritarian regimes, otherwise known as transitional time periods. This traditional understanding of transitional justice is beginning to evolve as stable, established democracies like Canada and South Korea implement TJ mechanisms such as truth commissions and reparations to address and amend state-sponsored abuses of certain groups. As it evolves the international gaze has once again turned to the United States and the uncomfortable discussion about the historical and ongoing oppressions. This article intends to establish the historical basis of transitional justice in the United States and recent developments to encourage a conversation about acknowledgement, fact-finding, reparations, and justice in the land of the free.
Section 1: Historical Examples of Transitional Justice in the United States
With an international spotlight on the Black Lives Matter movement in the United States in 2020 came an increase in conversations about reparations to African Americans for the abuses of slavery, segregation, police brutality, prison labor, exclusion from housing and education and other forms of state-sponsored oppression that have proliferated for centuries. The discussion about the harms the American government has caused to Indigenous tribes, Alaskan Natives and people of Hawai’i, and other marginalized groups has been a matter of public discourse for decades. While the word reparations saturated international media, little attention was given to what reparations would truly look like, could look like, and examples of when the United States have provided reparations before.
While the spotlight of this discussion about reparations is often on monetary forms, such as property, cash or pensions, transitional justice recognizes that reparations can and should come in many different guises in order to provide a more holistic and healing process for victims. Reparations are deeply context-specific, and should be tailored to the needs of the victim, nation, and individual circumstance. However, examples of other forms of reparations and TJ include official acknowledgements and apologies, funding of research to uncover facts and educate the public on the truth, providing education and/or healthcare to victims and their families, and preserving historical sights and monuments. Ultimately, they should be determined by and catered to the people involved.
I have included both a brief infographic timeline and a more detailed look at a few examples of government-led transitional justice mechanisms in the United States below. It is important to note that, as many of these instances occurred prior to our modern definitions of transitional justice and reparations, this timeline encompasses cases of compensation which, under similar circumstances today, would likely be considered reparations, but were not explicitly intended as such at the time. The same goes for fact finding commissions that are analogous modern Truth and Reconciliation Commissions, though they lack that title. I have excluded instances of payments or acknowledgements being issued following a lawsuit through our judicial system, as well as instances of TJ being led by non-governmental entities like community organizations, charities or other non-governmental institutions.
Infographic by Maya Crocker for the Institute of Human Rights. Source: https://guides.library.umass.edu/reparations
President Lyndon B. Johnson established the National Advisory Commission on Civil Disorders, otherwise known as the Kerner Commission, in 1967. It was established to serve the purpose of a fact-finding mechanism akin to a Truth Commission today. The goal of the commission was to identify the causes of the violent race riots of 1967. While widely ignored, the Kerner Commission found that the root of the unrest were unequal economic opportunities, racism, and police brutality against minority racial groups in America.
Following concentrated efforts from interest groups and international attention, the United States federal government committed to two massive examples of explicit transitional justice mechanisms in the 1980s for Japanese Americans that were interned by Executive Order 9066 during World War II. In 1980 President Jimmy Carter signed the Commission on Wartime Relocation and Internment of Civilians (CWRIC) into law, establishing a clear transitional justice mechanism (truth commission) at the national level. The CWRIC published the full report of their findings in February of 1983, and momentum from the commission persisted with the recommendations which were published in June 1983. The recommendations included an official apology, pardons for those convicted of violations of the executive order or during detainment, and the establishment of a federally funded foundation for research and education on the incident.
Shortly after the results of the CWRIC circulated across the nation, the United States Congress passed the Civil Liberties Act of 1988 which provided all eligible interned individuals with a one time payment of $20,000 in reparations as well as official acknowledgement and apology from the United States. In addition, all individuals who were convicted of disobeying the executive order or violating rules while interned were officially pardoned.
In response to the massive Black Lives Matter protests in 2020, many subnational level truth commissions and reparations programs were initiated, including those in the State of California, Evanston, Illinois, and Asheville, North Carolina. As the national conversation continues, we may see an increase of examples of transitional justice at work in United States communities.
“Freedom?” Source: Nicu Buculei via Flickr
Section 2: You, us, and the future of transitional justice in the United States
Whether in Europe, Africa, the Asia-Pacific, the Middle East, or the Americas, civil society plays a key role in the transitional justice sphere. Civil society actors are civilian organizations which can be activist groups, media, charities, non-profit organizations, educational groups and schools, or just citizens interacting with policy. Most recent transitional justice measures that have been implemented in the past few years in the United States have been on the subnational level. They are occurring as a result of citizens’ calls for action, constant attention on the need for transitional justice, and the everyday acts of discussing transitional justice.
Birmingham, Alabama is a historic city for human rights, civil rights and civic action. Civil society here, in this city, has influenced national change through the Civil Rights Movement as well as citywide changes like the removal of confederate statues in public parks and the preservation of historic sites from the Civil Rights Movement like the Greyhound Bus Station and 16th Street Baptist Church.
The Institute of Human Rights at UAB fosters an educational environment where you can see civil society at work, and hosts Social Justice Cafes on the second Wednesday of every month during the school year at 4:00pm CST. We will be hosting our last Social Justice Café of the semester, Transitional Justice: Here & Nowon Wednesday, November 30th to discuss what transitional justice should look like in American cities like Birmingham. You can find out how to join these open discussions, and become a civil society actor yourself, and attend more free educational events from the Institute of Human Rightshere.
The justice system is working perfectly. It’s doing exactly what it was designed to do.
The withholding of information by prosecutors violating the Brady Rule, the failure to investigate other potential suspects, and a lawyer who failed to follow a potential alibi are some ways that the justice system convicted Adnan Syed of the murder of Hae Min Lee. Adnan spent 23 years in prison after a jury found him guilty of the murder of his ex-girlfriend. His sentence was recently vacated, and DNA evidence exonerated him. AFTER MORE THAN TWO DECADES! What went wrong? The jury believed that he was guilty, which means that the jury was convinced that he murdered her. So how come he is now walking free after 23 years?
First, let’s look at Maryland’s Attorney General Marilyn Mosby and what she had to say. In her press release, she stated that since the prosecutors failed to turn over evidence for two other suspects which could have changed the course of the trial, the Brady Rule was violated. So what is this Brady Rule that keeps coming up? This rule goes back to the case Brady v. Maryland in which the Supreme Court “requires that prosecutors fully disclose to the accused all exculpatory evidence in their possession”. There is also the fact that there was a DNA sample that wasn’t tested until very recently. The third and most important thing is that the prosecution’s evidence relied on two things, one being their ‘key witness’ Jay Wilds and the other being the cell phone data that backed up Jay’s confession of helping Adnan bury Hae’s body. While AT&T published a notice – during the trial – that incoming calls are not reliable information to pin a location, the prosecution still used this as evidence, stating that even if the witness lied, the data doesn’t. This is now considered controversial evidence as the data isn’t truly reliable. Other than the cell phone data and Jay’s testimony, the prosecutors had nothing. With all of that presented to Baltimore City Judge Melissa Phinn by State’s Attorney Marilyn Mosby and the Sentencing Review Unit, Judge Phinn granted the motion to vacate the conviction of Adnan Syed. The judge gave the state of Maryland the option of proceeding with a new trial within 30 days of such ruling (the 30 days has since passed and he is now presumed innocent due to the DNA testing that was FINALLY done).
Source: Yahoo Image, Picryl
All this happened due to the publicity from the hit podcast “Serial” and the help of other criminal justice reforms that happened in Baltimore. After 23 years, Adnan is free. But what about the cases that do not get public attention through a podcast or other publicity for that matter? How many others, just like Adnan, are convicted due to the violation of the Brady rule? Or for simply not investigating other potential suspects? A new study done by the National Registry of Exonerations states that of wrongful convictions in 2020, 54% were due to “misconduct by the government”, 34% due to misconduct by the police, and 30% due to misconduct by prosecutors. According to Georgia’s Innocence Project, 1 out of 20 criminal cases “results in a wrongful conviction”. This goes against the advice of one of America’s founding fathers, Benjamin Franklin: “it is better a hundred guilty persons should escape than one innocent person should suffer.”
Why are we neglecting this advice? Many lives are being stolen due to wrongful conviction of crimes that are small yet heavily punished or thrown into prison as a result of these shortcuts the Justice system takes. Often these injustice acts are directed towards black and brown individuals where America is the leading prison population due to the country’s way of approaching punishment which “often lacks a public safety rationale, disproportionately affects minorities, and inflicts overly harsh sentences”. America, unlike other countries, uses prison as a “one-size-fits-all solution to crime”, which means America prosecutes people who are not a public safety problem and often punish those people in a harsher and more damaging way than is truly justified. When did this start? Mass incarceration has been a huge problem in America since the civil war, however, we saw a huge rise in the prison population in the 1970s after Nixon’s “war on drugs” campaign which mostly targeted black individuals. This campaign used both fear and “racial rhetoric” in order to further this ‘movement.’ Under Nixon, we saw a rise in the prison population, however, under Reagan, it was an explosion. When Reagan took office “the total prison population was 329,000” and when he left the population was at 627,000 which is double the starting number. To put it more in perspective, according to the Brennan Center in 2003, for every 100,000 residents, 710 would be incarcerated, and according to the Vera report in 2015, 55% of incarcerated people are either black or brown. This all goes back to the loophole in the 13th Amendment “which abolished slavery and indentured servitude except as a punishment for a crime”, which took effect after the civil war and till now. So there is a a root problem, which is why the justice system is not broken in any way. It was created to harshly convict black and brown individuals. Evidence of such is the data collected in 2010 Prison Policy Initiative study which stated that for every 100,000 residents, 2,306 black individuals are incarcerated versus the 450 white individuals incarcerated.
Now that we established the existence of such issue, what can we so about it? Discussions are taking place and changes too; after the death of George Floyd, many people voiced out their concerns, this pushed “the Center for American Progress, the John Jay College of Criminal Justice, and the Draper Richards Kaplan Foundation” to “virtually [gather] 1,000 advocates, researchers, artists, and practitioners for the Innovations Conference, a multiday exploration of what it means to reimagine public safety and shrink the footprint of the justice system.” There is a problem within the roots of the justice system, hence the need to “work to root out the systemic racism ingrained in the criminal justice system” that has affected people of color. This can be established, by starting with ending unnecessarily harsh punishments; for example, “Black Americans are nearly four times more likely to be arrested for marijuana possession and six times more likely to be incarcerated for drug charges than their white counterparts”. Another approach can be taken, by rooting out any racial inequality within the justice system; for example, California passed multiple bills “that will address discriminatory practices within jury selection, prohibit prosecutors from seeking convictions or sentences on the basis of defendants’ race or ethnicity, and lay the groundwork for reparations for the Black community”, and by removing the barriers that affect individuals with a criminal record as it disqualifies these people from “voting, obtaining business or occupational licenses, accessing employment and housing, receiving public assistance, and participating in other key elements of civic life”. Another way of helping is by investing in programs such as “child care and education, access to affordable housing, and other supportive services” since they are proven to create strong and safe neighborhoods. As individuals, we can help by voting, spreading awareness, and simply by putting these issues on the table for discussion. Barriers are destroyed through discussion.
UAB is an Equal Employment/Equal Educational Opportunity Institution dedicated to providing equal opportunities and equal access to all individuals regardless of race, color, religion, ethnic or national origin, sex (including pregnancy), genetic information, age, disability, religion, sexual orientation, gender identity, gender expression, and veteran’s status. As required by Title IX, UAB prohibits sex discrimination in any education program or activity that it operates. Individuals may report concerns or questions to UAB’s Assistant Vice President and Senior Title IX Coordinator. The Title IX notice of nondiscrimination is located at uab.edu/titleix.
