An empty room with three windows, all with long, sheer curtains. The two ceiling lights are off. Nothing but light can be seen outside the windows. Photo by Hans Eiskonen on Unsplash.
Mental Health, Autonomy, and Psychosocial Disability
In 1887, Elizabeth Seaman—better known as Nellie Bly—published Ten Days in a Mad-House, a collection of articles she had previously written for Joseph Pulitzer’s New York World. Along with cementing her status as a World journalist, her raw, unfiltered reporting offered thousands of readers a rare glimpse into a mysterious frontier: American mental asylums.
A Pennsylvania native, Bly’s anonymous newspaper pieces championing women’s rights soon evolved into a career based on investigative journalism. However, complaints from her subjects resulted in newspaper executives assigning her to less controversial topics. After years of rejection and gender discrimination, Bly made a last-ditch attempt to save her career by approaching Pulitzer directly and weaseling her way into a novel undercover assignment. Critics had called her insane her entire life for her risky stories, and now she had to play the part.
Bly’s articles quickly garnered attention for numerous reasons. For one, the story itself was sensational. After successfully feigning insanity with odd mannerisms and facial expressions, Bly found herself in New York City’s Women’s Lunatic Asylum after a medical professional declared her clinically insane. There she remained for ten days despite immediately dropping the act. During this period, staff allegedly attributed her every move, including normal behavior, to her supposed mental illness. This would have perpetually prevented her release had outside contacts not stepped into vouch for her sanity. By this time, Bly had risen to minor celebrity as New York questioned where this “pretty crazy girl” had even come from.
Sanitation was poor. Disease was rampant. Food and potable water were scarce, and the staff frequently resorted to physical and verbal beatings when dealing with those under their care. Upon her exit, Bly stated that she believed many women there were as sane as herself. If anything, the asylum’s treatment of already vulnerable women caused insanity.
A dilapidated wooden shed with some white paint on the door and bottom boards. It has two windows with broken glass and rusty frames. Behind it its dense woods. Photo by Lilartsy on Unsplash.
Life in Mental and Physical Shackles
Despite Bly’s work sparking outrage over a century ago, inhumane treatment of those with mental health disorders—or psychosocial disabilities—continues today. According to the World Health Organization, 1 in 8 people live with mental health issues. Without adequate support and resources, these conditions can quickly become disabling. Psychosocial disabilities share strong correlations with higher poverty rates, increased medical discrimination, occupational inequity, and other factors contributing to a generally lower quality of life.
In 2020, Human Rights Watch released 56-page document reporting rights violations of the mentally ill. “Shackling,” a recurring theme, was found in 60 countries across six continents.
Shackling is an involuntary type of hyper-restrictive housing. Although it does not include shackles specifically, restraints such as ropes, chains, and wires are commonplace methods in keeping the victim in extremely close quarters. These areas can be sheds, closets, or even caves. Similar to the asylums in Bly’s era, sanitation is a luxury. The detained person often eats, drinks, and defecates in the same space with little ability to prevent contamination.
The motives and background around shackling is a complex cultural issue. Some offenders tend to be family members who, despite loving the person, lack the resources and/or education to deal with mental health crises. Keeping the person confined can appear to be the safest option when confronted with the possibility of them hurting themselves or others.
Additionally, social stigma can create even more danger for the family as a whole as well as the mentally ill individual. Instead of risking exile or ostracization from the community, families may seek alternative healing methods at home, such as herbal remedies, that lack significant medical backing. This, in turn, can intensify psychosocial disability, leaving the family overwhelmed and confused with few options.
A photograph of a medical IV stand holding and empty IV bag on a dark background. Photo by Marcelo Leal on Unsplash.
Abuse at the Systemic Level
However, abuse does not just occur at the familial level. Mistreatment and abuse flourish in large institutions. The institutions go by many names: asylums, mental hospitals, psychiatric healing centers, etc. These are establishments, often state-funded, purposefully keeping those with psychosocial disabilities away from the general population. Although the institutions usually operate under the pretext of healing and protecting the mentally ill, many criticize the asylum system for blatant human rights offenses.
Paul and his companions walked in chains—literal shackles—and were not allowed clothing. His restroom was a bucket.
In the USA, a wave of deinstitutionalization in the 1970s shuttered many mental asylums, and psychiatric facilities still operating do so with varying levels of success. New York City’s mayor Eric Adams recently announced an expansion of a law allowing months-long involuntary commitment to hospitals for those who, due to mental illness, failed to acquire “basic needs” such as shelter and food. Hospitalization would, in theory, provide the psychosocially disabled with the time and education to recover and start anew.
Opponents quickly pointed out flaws in this process.
As with shackling, involuntary hospitalization represents a loss of autonomy. In a 2022 article in The Guardian, Ruth Sangree reflects on the USA’s changing legislation by connecting it to her own experiences. She describes the monotonous isolation, undercurrent of fear, confusion resulting by the sudden loss of control over her own life. As a nineteen-year-old with no idea of when she would be “set free,” Sangree focused on appearing normal in fear of indefinite hospitalization, regardless of the effectiveness of treatments.
There stands the argument of many critics of institutions: the system is ineffective at best and traumatic at worst. Still, rebuttals exist. In one Times piece, retired employees from a California asylum vouch for the happiness of their patients, stating they “blossomed” when provided with regimen and shelter. This view forms the defense for New York’s law revision, which frames involuntary hospitalization as a compassionate action for the patient’s own well-being.
Objectively, both sides claim to want the same thing: a better quality of life for those with psychosocial disabilities. It has always been the how that stirs debate.
Eight people of varying skin and sleeve colors standing in a circle with one hand each stacked on top of each other’s. Photo by Hannah Busing on Unsplash.
The Future of Mental Health Care
One factor in the corruption of institutional systems lies in language. Terms like “healing center” and “asylum” have historically protected potential perpetrators from legal action. Nellie Bly’s work helped lift the veil around mental health and disability, peeling away the euphemisms to reveal the abuse of a vulnerable population.
Today, watch groups exist for this reason. Organizations such as the Alabama Disability Advocacy Program (ADAP) examine the care of people with disabilities in facilities like hospitals, nursing homes, and schools, where caregivers can easily take advantage of those under their care. If rights violations are found, they can work with the facility to improve conditions or take legal action. These organizations exist on a state and national level in the USA.
Individuals can make a difference by simply learning about mental health and advocating for equal treatment of those with mental health conditions. #BreakTheChains is a movement led by Human Rights Watch with goals of educating communities to prevent the chaining of men, women, and children with psychosocial disabilities.
Additionally, awareness is key—October is recognized as mental health awareness month, and invisible disabilities week is in late October. Psychosocial disability month specifically takes place in July.
I would like to start this piece off with a land acknowledgment, where I acknowledge the truth of who the lands of America truly belong to. The land in which I sit to write this article, as well as the ones occupied by those who reside in America once belonged to the many diverse communities that existed long before America got its name. Once prosperous, thriving lands belonging to these various indigenous communities, (to the Creeks and Choctaw, in my case), the lands of America were respected and honored by the relationship that these various tribal communities held sacred between themselves and their environment. It is in honor of their stewardship and resilience that I hope to shed light on some of the more gruesome, nefarious betrayals they have experienced at the hands of colonizers from the time their tribal ancestors witnessed the colonizers’ arrival to their lands in 1492.
Before the European colonizers arrived on this land, there existed a diverse group of tribal communities, over a thousand different ones just in the mainland we call America today. Now, these tribes have been reduced to no more than 574 federally recognized ones, with dwindling tribal membership numbers, a fact that can only be blamed on the federally sanctioned behaviors of the colonists. So much has been stolen from the diverse groups of indigenous people since the colonization of the North American lands first began. The original indigenous peoples had offered the newly-arriving colonists hospitality and taught them how to cultivate the lands of America and brave the New Frontiers. Yet, what they received in gratitude was bloodshed, tears, death, and betrayals. So many treaties and promises were broken. According to Howard Zinn, the famous author of the book, “A People’s History of the United States,” the various indigenous communities that existed in the Americas by the time the famous explorers landed in the Americas were anywhere between 25-75 million individuals. They had moved into these fertile lands 25,000 years ago, long before the explorers “founded” the Americas. For those interested in learning a truthful history of America, please check out his book. The book begins in 1492 and continues to examine historical events until contemporary times and phenomena such as the “War on Terrorism”.
There is so much information to be covered on this topic, and the more I researched, the more I found. I want to do this topic justice, and I cannot do so until the historical context has been put in place. Hence, this will be a two-part deep dive into the Native American lands, their cultural lifestyles, their relationship with the environment, and what this means for their existence in a capitalist, contemporary society. Part one will focus on the history of Native American lands, the process of treaties and loss, and the cruel, scheming ways of the federal government that attempted to indirectly, yet forcibly, steal lands away from Native Americans by targeting the youngest members of their tribes. Part two will focus on the Indian Child Welfare Act, the fight (and entities involved) in support and against it, how the environment plays a role, and the vast consequences of the recent Supreme Court ruling on the matter, both in terms of the welfare of these indigenous children, as well as the issue of tribal sovereignty. There is a lot to unpack here, so without further ado, let’s begin with a deeper understanding of the relationship that indigenous communities share with their lands.
It’s All About the Land; It Always Has Been
Image 2 – Source: Yahoo Images; An image depicting the various indigenous tribes that were present in America before the European Settlers landed.
The European settlers had a problem with the Native Americans from the moment they landed in America. For one, they thought the indigenous way of life to be “savagery” and believed that the Native Americans needed to be “civilized”, something they believed only Europeans could teach them about. They found the gods and spirituality of the various indigenous cultures to be blasphemous and nonsensical, and many Europeans attempted to convert the Natives to Christianity, a more “proper” religious belief. Most of all, though, the Europeans and the indigenous communities had vastly different concepts of property and land ownership. To the settlers, who came from the feudal systems of Europe, land was a commodity, purchased and sold by individuals, and prosperity (and social status) was determined by who owned the most properties, and the most prosperous lands. They became lords and could employ the less fortunate to work under them, paying them a fraction of their profits, while keeping the rest for themselves. This was how things worked in Europe back home, and this is the system they brought with them when settling in the New World.
Native Americans, however, had a different lifestyle and concept of ownership. To them, the thought of owning a piece of land was bizarre, as they viewed the land to belong to the various energies and life forms that existed in the said land. The tribal lands of an indigenous community not only fed and nurtured the tribal members but also protected the tribe’s history and held the ancestral burials of their people. The indigenous communities had a spiritual and emotional connection with their tribal lands, one that cannot be sold to another, similar to how you cannot sell to someone else the relationship you hold with your family. Many (if not most), Native tribes even practiced animism, a belief system that accepts all living and non-living things (and natural phenomena) as being capable of having a life force (or soul). For Native Americans, land ownership was a foreign concept, and everyone that existed in their community held rights to the land their tribes lived on. In fact, when European settlers began purchasing lands from the Native Americans, the indigenous people believed they were only “leasing” the lands to the settlers, not giving up their rights to them. For the indigenous communities, the land was just as much a right of every human as sunlight, water, or air.
The Native Americans’ relationship with their lands was also threatening to the European lifestyle of land ownership and individualism. This struggle, between an individualistic view of community, versus the collective view of community, is, as they say, a “tale as old as time.” For Europeans, who believed individual merit and hard work to be the true characteristics of a successful individual, their success could only be displayed by the vastness of their empires, figuratively and physically. Hence, land ownership was a symbol of status and in a way, a testament of a person’s character. For Native Americans who focused on collective success rather than individually standing out, the strength of their tribe was a result of the part each individual tribal member played to ensure their success. This meant that everyone had a role, and if they played them right, everyone in the tribe benefited from the success. This was how tribes survived even as they warred against each other.
Treaties and Deals
Image 3 – Source: Yahoo Images; Many treaties such as this were brokered between various Indigenous tribes and colonists, yet they were seldom upheld and often violated or broken.
Due to these differences between the indigenous communities and the European settlers, many struggles broke out between the two groups between 1492 and 1700. In an attempt to keep the peace between the settlers and the indigenous communities, the British Crown established the Proclamation of 1763, which awarded the colonists all the lands East of the Appalachian Mountains, and everything West was promised to the various different Native American populations that lived in those regions. This did not make the colonists happy, as they believed the King was preventing them from expanding their population, and it was one of the points they listed in the Declaration of Independence as a wrong that was done by the King. Many scholars claim that the Proclamation of 1793 led colonists to pursue a revolution against the crown. The diverse indigenous populations attempted to stay out of the Revolutionary War, as they believed it to be a family feud between the British King, and his colonial subjects. Yet, when they did take part in the War, their participation was diverse. Some joined the rebelling Americans, while others joined the forces of the monarchy. Still, others chose to remain neutral, not wanting to support either side of the struggle. Upon the loss of the Revolutionary War, as part of the treaty signed between Britain and the newly established United States, Britain had to give up all the lands they lay claim to in America, including many of the lands that were promised to the Native American tribes living West of the Appalachian Mountains. This happened without consent or discussion with the Native Americans who took residence in those parts. When the colonists came to take over much of the lands that were promised to the Native Americans through the Proclamation of 1763, they justified their brutality against the Native Americans by blaming them for supporting the British in the Revolutionary War, and when the Native Americans tried to fight back for their lands, the British were nowhere to be seen. This was yet another episode of betrayal experienced by the indigenous populations at the hands of the settlers and the British Crown. Yet, this was just the beginning; the atrocities and betrayals were far from over.
Following the Revolutionary War and the as a result of the resilience shown by the many indigenous communities protecting their lands, the United States decided to engage in creating treaties between the various indigenous tribes in an attempt to set boundaries to their lands, and “compensate” them for the lands taken from them. I have “compensate” in quotations because first of all, no amount of money or goods can compensate for lost lives, which is what many tribes experienced. Some tribes became extinct as a result. Second, these treaties were signed by members who did not have signatory authority to give permission to the lands on the side of many indigenous nations, and Congress seldom ratified the treaties that were signed on the part of the United States. This meant that this was more of a theatrical expression than anything else, and the United States continued to steal the lands of indigenous people. Thirdly, as discussed above, many indigenous people who did engage in treaty-making assumed they were simply “leasing” their lands to be used by the colonists, not selling their rights to it outright. So, there was miscommunication and misunderstandings as to what the treaties actually established. Finally, the United States Congress and Supreme Court established that the indigenous tribes were not capable of engaging in treaty-making, and as such, ended the whole process altogether in 1871, claiming that Congress had full control over “Native American Affairs.”
Image 4 – Source: Yahoo Images; An image depicting the infamous Trail of Tears, where thousands of indigenous people were forcefully driven out of their ancestral homes and marched into Oklahoma.
In an attempt to fasten the process of transferring lands from Native American tribes to the hands of the government, the United States passed the Dawes Act of 1887. Many of the treaties that were made between the US and the various nations included provisions in which tribes were expected to distribute their lands among their members so that lands were held by individuals rather than the tribal entities as a whole. For reasons explained earlier, the settlers were threatened by the communal lifestyles of the Native American tribes and believed that having individual members have rights over smaller portions of lands would make it easier for them to accept the European lifestyles and give up their “backward” ways. The Dawes Act forced these indigenous members to choose a parcel of land for themselves and their families (the size of the parcel of land was determined by the government), and any excess amount of land after this process would be sold to the government to be used by non-native residents and corporations alike. Millions of acres of land were stolen from various indigenous tribes as a result. This essentially acted as a way to separate the individual Native American member from their larger tribe and weaken their sense of community and tribal sovereignty as a whole.
Since the end of the Revolutionary War, the United States government has made about 374 treaties with various indigenous nations across the country. The United States has either violated or fully broken nearly all of these treaties they created as a promise of peacekeeping. Many of these treaties that the United States obtained in the first place were either coerced or done so by forcible means such as threatening starvation on the communities that refused to sign the treaties. Of the various treaties that were violated and broken, one that comes to mind clearly for anyone even slightly familiar with American History is the actions of then president Andrew Jackson and his Indian Removal Act of 1830. Although he negotiated treaties with various tribes in the Southeast in an attempt to get them to move West of the Mississippi River voluntarily, when he became president of the United States, he passed the Indian Removal Act of 1830, forcibly removing almost 50,000 people from their homes. This forcible removal today would be recognized as a forceable deportation of a population, specifically as a crime against humanity. Under the United Nations Rome Statute of the International Criminal Court, this is one of the most heinous systematic crimes that has been committed throughout history. Jackson did this in an attempt to clear lands to cultivate cotton, which would lead to another atrocious event, the revamping of plantation slavery in the South.
History of the Forced Assimilation of Native American Children
Image 5 – Source: Yahoo Images; An image of indigenous children dressed in military garb posing with an adult at one of the boarding schools set up across the country in efforts to assimilate the children.
Another tactic used by the government to acquire lands from the indigenous populations was through further treacherous means. Native American children were forcefully assimilated into American culture in an attempt to beat/torture their culture out of them. The existence of the Federal Indian Boarding School System was proof of this very thing. Recently, an internal investigation was conducted of the United States government’s treatment of Indigenous children following the incident in Canada, where they found over 215 unmarked graves at a school in 2021. This report, led by Deb Halland, the Secretary of Interior, highlighted many nefarious ways in which tribal lands were stolen from different indigenous nations and the atrocities that were forced upon the children from these nations.
To explore some of the details outlined in this report, (specifically from pages 20-40), the plans of forcible assimilation have been put in place since the days of George Washington. This plan to forcefully erase indigenous culture and assimilate the children into Western culture was seen as the “cheapest and safest way” to steal the tribal lands, ensure a less violent relationship between the colonists and the Native Americans, and transform the tribal economy so they would be prepared to live off of lesser and lesser parcels of land. They found a way to weaponize education in order to accomplish this task.
Elaborating on George Washington’s proposal, Thomas Jefferson, the third president of the United States, put forth a 2-step solution to acquire more lands for the colonists. First, he argued that Native Americans could be forcefully assimilated into European culture, where they could be discouraged to live out a nomadic lifestyle (which requires the use of vast areas of land) and to adopt an agricultural lifestyle similar to the colonists (which can be done with a few acres of land that are cultivated). Second, he proposed that the United States place indigenous populations in debt by encouraging their use of credits to purchase their goods. This, he presumed, would make them default on their debts, and when they were unable to pay back their loans, they would be forced to give up their lands as a result. This land acquired by the government would be sold to non-native settlers, and the profits from these land sales would be put back into the education programs for forceful assimilation of native children.
Sanctioned by the United States government, indigenous children were kidnapped from their homes, whether they wanted to go to boarding school or not (with or without parental permission), and placed in these schools that were located far away from their tribal lands. The plan was to erase the relationship these children had with their cultures, communities, and lands, and instead instill individualism in the children who they were attempting to assimilate in the hopes that they could break up the communal lands into individual parcels, making it easier to be ceased by the government and private entities alike. They called it the “Indian Problem”, which was the different lifestyle and relationship tribal members held with their land and their community. Thomas Jefferson’s two-part proposal was seen as a “key solution” to this “Indian problem.” If the Native American children were forced to become dependent on agricultural lifestyles, they assumed, they could be “civilized.” The government believed that if you separate the children from their families and their tribal connections at a very young age, what they were introduced to would be all they knew, and they would become strangers to the indigenous lifestyles. In turn, the government assumed, the children would not want to go back home and live on the reservations, but instead, would be much more likely to assimilate and live amongst the colonists.
As a result, indigenous families were broken apart, and indigenous children were placed with white families as part of the “outing system.” This meant that the children were forbidden to speak in their native languages and were required to speak English to communicate their needs. What’s worse, they were placed with children from other tribes, meaning that their common language of communication was English, and any children they would have would grow up learning English as their first language instead of the tribal languages of their ancestors.
To support the government in this endeavor, many churches were given legal power over reservations by the government. The military was called in to reinforce the orders of these religious institutions. Many times, the government paid these institutions if they operated a boarding school, paying them a sum for each child. The churches went along with it because they believed that the indigenous way of “paganism” kept them from becoming “civilized” and to fully do so, the indigenous children needed to accept Christianity. The government worked with churches from many denominations by funding them to build the Federal Indian Boarding School System.
Treatment of Indigenous children in these boarding school systems
Image 6 – Source: Yahoo Images; An Image depicting three children before and after the assimilation process at the boarding school. On the left, the three children sit in their cultural garments, proud of their cultural identity. On the right, the same three children have had hair cuts, and been groomed (both physically and psychologically) to appear more Western.
The Federal Indian Boarding School System was problematic in so many ways. Not only did it forcefully assimilate indigenous children, but the system also took a militaristic approach to education, abusing and mistreating these children in the process. The living conditions at these Boarding schools were terrible. There was no access to basic health care needs, and diseases ran rampant across the schools. The children were malnourished, as they were provided with food and water of poor quality. There was an overcrowding issue, with many facilities forcing multiple children to share one bed as a result. There were not enough toilets to serve the number of children at each facility, and the toilets were not properly maintained.
The infrastructure in these facilities was so poor because they were not built specifically to house these children as facilities for education. Rather, these children were placed in abandoned government buildings or military forts to carry out their education. There was also the issue of child labor, where the children were expected to provide all the services required to run the facilities. This included looking after the livestock, chopping wood, making bricks, sewing garments to clothe the other children, working on the railway, cooking, and cleaning for the others in the facility, and so much more.
The children were expected to take care of themselves and the other children at the facilities. They were also tasked with work from various fields like carpentry, plumbing, blacksmithing, fertilizing, helping with the irrigation system, helping make furniture for use in the facilities (such as tables, chairs, and beds), and anything else that involved physical labor. These jobs the children were trained in would forever keep them at a lower socioeconomic level than their White counterparts. Here too they tried to instill the patriarchal norms of Western society, making sure to teach and employ young girls to work as assistants and cooks, while the young boys were expected to be farmers and industrial workers.
The Indigenous children were forcefully assimilated into American culture. They were told to stop practicing their faiths and were stopped from performing any spiritual and/or religious rituals. The children were expected to go by the English names they were given at the boarding school instead of their Native names given to them at birth. They were forced to cut their hair (which was sacred to many indigenous people as it represented their cultural identity), and were forbidden to wear their cultural clothes and instead were put in military garb.
Those who resisted the assimilation or tried to run away were caught and severely abused and punished. They were put in solitary, whipped, slapped, starved, and abused for fighting to retain their culture. Many of the older children at the facilities were forced to punish the younger children, further dividing the children, and destroying any opportunity the children may have had to band together to resist the assimilation forces. As a result of what the Federal Indian Boarding School System put these children through, there were over 50 marked and unmarked burial sites found. These burial sites had found over 500 indigenous children dead and counting, and these numbers are expected to rise to thousands more. Many indigenous children that survived these boarding schools are reported to have long-lasting impacts on their health and their lives. These children that grew up to be adults reported having higher risks for cancer, diabetes, and Tuberculosis. They experienced heightened mental health issues, and many remain in a lower socioeconomic class as a result.
Cultural Genocide
Images 7 & 8 – Source: Yahoo Images; This is a map that depicts how many indigenous members exist today, and what is left of their lands.
Many believe this forcible assimilation program conducted by the federal government to be a cultural genocide, in which a state-sanctioned attempt at the erasure of an entire culture took place. The official definition of genocide as established by the Genocide Convention in the Rome Statute of the International Criminal Court reads as follows: “…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group.” As per this definition, the acts carried out by the United States government against the children of various Native American tribes fulfill most, if not all these categories that define these acts to be considered genocidal. It is not a surprise that Native Americans have been killed by the federal government’s sanctions throughout history. There has been serious bodily harm and mental harm caused to members of these various indigenous groups throughout American history. The government deliberately placed young children in conditions of life that ensured their destruction as a member of the Native American tribe they each belonged to. The children within these facilities were not allowed to mingle with others from their own tribes, making it harder for them to retain and pass down their cultural identities, as well as procreate with members of their own tribe. Finally, they were forcibly taken away from their parents and placed in these facilities and other non-native homes in an attempt to erase their cultural backgrounds. All these actions, as was discovered by the recent report we explored at length in this blog, were done so with the intent to destroy the rich cultures of the various Native American tribes. So, the forcible assimilation of Native American children can, without a doubt, be characterized as cultural genocide.
The main goal of this blog was to establish the historical context of what the various Native American tribes endured, as well as the intentions of the federal government in terms of their dealings with the different native nations present in America. Part two of this conversation will focus on a specific piece of legislation that has gained a lot of attention in recent years, the Indian Child Welfare Act. At face value, this legislation is simply an act that addresses the long, detailed history of Native American children and sets guidelines to ensure that proper regulations are put in place to prevent a repetition of history. Yet, it’s now been challenged, partly with the help of very shady moneyed interest, and its fate (and the overarching consequences as a result) were placed in the hands of the nine Supreme Court justices of the United States. We will explore more about this legislation and the case in the next blog.
On October 16th, 1998, darkness set as police approached the London Bridge Hospital. They were there to arrest the former dictator General Augusto Pinochet. That Friday night, Pinochet was detained after receiving minor back surgery, the first former head of state to be arrested on a diplomatic passport in the UK. Suddenly, the immunity generally granted to persons of government had been contested, and the exiles and victims of Pinochet took a step toward justice.
Pinochet’s human rights violations
On September 11th, 1973, bombs were dropped on the presidential palace in Santiago, Chile. This was the first day in what was to be a bloody reign by the dictator General Augusto Pinochet. Overnight, the democratically elected socialist government was replaced with a repressive regime predicated on fear, oppression, and violence.
Previously, Chile had held the position as the longest-living democracy and most politically stable nation in Latin America. However, in the wake of the 1973 coup, Pinochet’s junta began a crusade to solidify power: constitutional guarantees were suspended, Congress was disbanded, and a country-wide state of siege was declared.
According to decades-long documentation by Amnesty International, “torture was systematic; ‘disappearance’ became a state policy.” These gross human rights violations were perpetrated by the Dirección de Inteligencia Nacional (DINA), the secret military police created to target the real and imagined opponents of the authoritarian regime.
On June 1974, a year after the bloody seizure of power, Article 1 of Decree-Law 521 established DINA as a “military organization of a professional technical nature, directly dependent upon the Government junta, and whose mission will be that of gathering all information at the national level coming from the different fields of activity, with the purpose of producing the intelligence which is required for the formulation of policies, planning and for the adoption of measures that seek to protect the national security and the development of the country.”
In the immediate days following the coup, hundreds of people were detained and taken to two sports stadiums in Santiago. Thousands of social activists, teachers, lawyers, trade unionists, students, and political activists became targets and prisoners of secret detention centers across the country.
Figure 1: Source: Reuters found on Yahoo Images; Roses laying on top of a memorial for disappeared persons in a general cemetery, Santiago, Chile.
These detention centers, and also labor camps, existed under the entirety of Pinochet’s reign. Villa Grimaldi was one of many of these camps used for interrogation and torture. It is estimated that 4,500 prisoners were abused at this site alone, the most common forms of torture including electroshock, waterboarding, forcing heads into excrement, rape, and death.
According to Amnesty International, the number of officially recognized disappeared or killed is 3,000 people between 1973 and 1990 and the survivors of political imprisonment and torture is around 40,000 people. To this day, 1,100 people remain missing and only 104 have been found.
International approaches to convict human rights violations
International law is a relatively new field. Born out of the horrors of World War Two, the United Nations is the multinational body that mediates the rules and creates the international dialogue on human rights. On December 10th, 1948, the UN passed the Universal Declaration of Human Rights comprised of 30 articles that outline the fundamental principles of human rights. Since then, the UN has written more specific conventions and treaties to expound further on the rights of:
Women
Refugees
People with disabilities
Children
Indigenous peoples
And even civil and political, economic, social, and cultural rights.
When it comes to the implementation of these conventions, there are very divergent paths in the realization of human rights. Opinio juris expresses that a norm about behavior exists but is not consistently followed. In opposition, jus cogens refer to laws and norms in which no derogation is permitted, this includes crimes against humanity (torture, war crimes, apartheid, systematic and widespread violence) and genocide.
Figure 2: Source: Open Society Justice Initiative from Yahoo Images; Depictions of crimes against humanity.
It is the principle of jus cogens that gives rise to universal jurisdiction. Universal jurisdiction refers to the duty that all states have to prosecute individuals who commit crimes against humanity, whether domestically or by other states when the nation where the crime occurred is unwilling or unable to indict violators. It was universal jurisdiction that was key in establishing accountability during the Nuremberg Trials following the holocaust.
Fifty years later, this principle was used to arrest Pinochet for his systematic use of torture and crimes against humanity in Chile.
An end to amnesty
After democracy was restored in Chile, Pinochet lost the presidential election, but not before creating a legal structure to protect himself and his accomplices. In 1978, Pinochet passed an Amnesty Law to protect military personnel who committed human rights violations. Additionally, Pinochet remained commander-in-chief of the Chilean Armed Forces after losing his presidential position and was appointed a senator for life. It appeared, to Pinochet and his victims, that he would remain outside of a courtroom.
Figure 3: Source: Wikimedia Commons found on Yahoo Images, Kena Lorenzini; Chilean mothers of disappeared holding signs of their loved ones.
Instead, victims were not deterred from bringing awareness to the crimes of Pinochet. Lawyers representing victims of Pinochet’s repressive regime decided to file complaints in Spain where the principle of universal jurisdiction was enshrined in their legislation. Joan Garcés, a Spanish lawyer, had begun filing for Pinochet’s arrest in 1996, and when it was known that the former dictator would be traveling to the UK, the moment to act became apparent. On October 15th, 1998, Garcés’ team filed a motion for Pinochet’s arrest which was granted. An Interpol red notice was issued, which is a formal international request to locate and arrest persons pending extradition, and a day later Pinochet was detained.
Pinochet twice petitioned the House of the Lords to dismiss his arrest claiming immunity on the basis of being a former head of state. Both of these requests were denied as the House of Lords affirmed that former heads of state did enjoy immunity for acts committed as functions of a head of state, international crimes such as torture and crimes against humanity were not such functions. Ultimately, in March 2000 Pinochet was released and returned to Chile on medical grounds after tests found him mentally unfit to stand trial.
However, in the wake of Pinochet’s arrest, Chile’s political and legal landscape had transformed allowing more space for the voices of victims and a sweep of new legal interpretations. The Supreme Court had found the Amnesty Laws only applied prior to 1978 when the state of siege was declared over, additionally, they stated that amnesty could only be granted after an investigation. Moreover, in the cases of disappeared persons, this act constituted an ongoing aggravated kidnapping meaning these cases went beyond the 1978 cut-off.
Chilean Judge Juan Guzmán asked the courts to strip Pinochet of his immunity and the courts agreed, indicting Pinochet and placing him under house arrest.
Unfortunately, Pinochet never stood for trial, but his military officers did.
The indictment of Pinochet and new interpretations of the 1978 Amnesty Laws paved the way for other human rights violators to be prosecuted in Chile. By July 2003, 300 military officers had been indicted and dozens convicted, mostly surrounding cases of enforced disappearances. In 2017, 106 ex-agents of DINA were charged with kidnapping and killing 16 people in “Operation Colombo” during the early years of Pinochet’s dictatorship. Many were already serving times for other cases and were sentenced to between 541 days to 20 years in jail, while the state was ordered to pay around $7.5 million (5 billion Chilean pesos) to the families of the deceased.
Figure 4: Source: Wikimedia Common found on Yahoo Images, Carlos Texidor Cadenas; An exhibit of images of victims of the Pinochet dictatorship at the Museo de la Memoria y Los Derechos Humanos, Santiago, Chile.
Justice is not only a conviction of a crime. While it is vital to convict human rights violators, it can be extremely challenging, but the arrest of Pinochet has laid the foundation for other dictators to stand trial. Of equal note, this case transformed how victims were seen and heard in Chile, offering justice through legal means when possible and honoring the injustices publicly when before there was silence. Chile continues to reconcile with its past, voting to do away with the constitution written by Pinochet in place of a new one and through the tireless efforts of human rights defenders domestically and internationally.
Note from the author: This blog was written to accompany the social justice cafe on Wednesday, November 30th at 4:00 pm on zoom. To join, sign up here. Alongside this event, this post focuses on an international scale while the recent post by Maya Crocker focuses on transitional justice in the United States.
Forgiving and being reconciled to our enemies or our loved ones are not about pretending that things are other than they are. It is not about patting one another on the back and turning a blind eye to the wrong. True reconciliation exposes the awfulness, the abuse, the hurt, the truth. It could even sometimes make things worse. It is a risky undertaking but in the end, it is worthwhile, because, in the end, only an honest confrontation with reality can bring real healing. Superficial reconciliation can bring only superficial healing.
Archbishop Desmond Tutu
Figure 1: Source: Flickr, John Mathew Smith; Archbishop Desmond Tutu in Washington, D.C., 1999.
What is transitional justice?
Transitional justice (TJ) refers to a set of judicial and non-judicial processes addressing previous injustices of authoritarian regimes (or multiple perpetrator groups) and establishing rule of law. Transitional justice has several aims and synthesizes aspects of punitive and restorative justice.
According to the United Nations Office of the High Commissioner on Human Rights (OHCHR), these aims include:
Providing recognition to victims
Building trust between citizens and state institutions
Reinforcing the rule of law
Committing to human rights and building solidarity with victims
Reconciliation between victims, perpetrators, and bystanders
Preventing new violations
But only characterizing transitional justice through its aims would not highlight the transformative effect this approach attempts in states where massive or systematic violations have occurred. While providing redress to victims and undertaking prosecutorial avenues as practical solutions, this approach also takes a strategic initiative to change the political systems, conflicts, and conditions that contributed to violations occurring in the first place.
This field first emerged in the 1980s and early 90s in response to the drastic political changes in Latin America and East Europe. Human rights advocates and citizens alike questioned how and what kind of redress should occur in the wake of widespread and systematic violence. Fears over disrupting political changes by pursuing indictments of former leaders were salient: how could justice exist without compromising democratization?
Thus, “transitions to democracy” and “justice” intersected and involved multiple processes to be sensitive to these concerns during a critical period in the country.
Truth Commissions: ad hoc commissions of inquiry established in, and authorized by, states for the primary purposes of investigating and reporting on key periods of recent past abuse.
Amnesty: a pardon granted to perpetrators, usually granted to those who comply with truth commissions and offer testimonies
Purges, lustrations, and security reforms: (1) removal of known collaborators of oppression from office and state institutions, (2) process of vetting personnel in state institutions, (3) transformation in state institutions involved in repression, like the military, police, judiciary
Reparations: state-sponsored initiatives that aim at repairing, on a massive scale, the consequences of past abuse experienced by certain classes of victims, including material and symbolic benefits
Gender Justice: focusing on the intersections of human rights abuse and gender during a period of repression, fact-finding initiatives to establish the nature of gendered abuses
Memorialization: museums, memorials, and other means of preserving the public memory of victims and raising moral consciousness about past abuse
Ultimately, TJ is a context-specific process that crucially (and historically) is led by the nation where the violations happened.
Specific attempts at transitional justice: the good and bad
Bolivia:
Days after the restoration to democracy in 1982, the government created the National Commission of Inquiry into Disappearances. No reports or prosecutions were produced. In 1986, prosecutions began against the former military leader, General García Meza, and some of his officers. The trial was not complete until 1993, by which point Meza had gone into hiding to avoid a 30-year sentence for torture and murder. Notably, this court case rejected pardons for those convicted of crimes against humanity.
Uruguay:
After a 12-year military rule in 1985, the new government avoided truth commissions. Instead, President Sanguinetti issued a pardon (1986) to all soldiers and officers of the previous regime, with no distinction as to those who followed orders and those who gave them. He claimed this was the ‘safest path’ but ‘not a moral decision,’ highlighting that TJ attempts are not pursued in every situation. This is often a result of corruption and officials often rely on a dialogue of ‘national reconciliation by granting large amnesties but failing to pursue any other TJ processes, essentially dismissing victims’ realities. Victims were denied any form of reparation and violators remain in high office in the police and military. An official Commission for Peace was established in 2000 under President Jorge Batlle with the official report released in April 2003 confirming that the military dictatorship was involved in some of the disappearances.
Chile:
This history of Chile’s dictatorship and eventual prosecutorial redress can be read about in my next blog. Part of the reason for the near-decade gap between the restoration of democracy (1990) and Pinochet’s arrest (1998) was due to Pinochet’s change of the constitution during military rule. Not only did he pardon himself and his torturers in 1978, but he enshrined legal protections from purges and lustration attempts. Nonetheless, Chile has engaged in memorialization and reparations in the cases of successful prosecution of former DINA police.
El Salvador:
A Commission on the Truth of El Salvador was established in 1991, led by three international jurists and staffed and financed by the United Nations. While only fully investigating 33 disappearances out of the reported 22,000, the commission did identify 40 individuals connected to the armed forces and involved in crimes against humanity. Additionally, the Commission was able to confirm the El Mozote massacre, where nearly 1,000 villagers were killed by US-trained and equipped Salvadoran army members. The Commission also called on the Supreme Court to retire, which they declined. René Ponce was named general and ordered the execution of 6 Jesuit priests (one the then head of the Human Rights Institute). Due to Ponce’s involvement in the peace negotiations and settlement with FMLN, his prosecution was never attempted. The report from the truth commission was rejected and the then-president offered a blanket amnesty for all political crimes which the Supreme Court upheld (1995). After 20 years, no other transitional justice attempts have been implemented.
Haiti:
Haiti suffered massive human rights violations under the Duvalier reign between 1957 to 1986. Over 40,000 Haitians were killed and it wasn’t until 1990 that democracy was established with the election of President Jean-Bertrand Aristide. Soon after, he was ousted by General Raoul Cedras, showing just how volatile transitions toward democracy can be. Under Cedras, hundreds were killed by the paramilitary group Front for the Advancement and Progress of Haiti (FRAPH), funded in part by the CIA. Democracy was restored in 1994 and power returned to Aristide but at the cost of blanket amnesty for all rapes, murders, and political killings. He went on to establish a National Commission for Truth and Justice which in February 1996 urged for the prosecution of individuals who committed crimes against humanity by an international tribunal. There has been no tribunal and no prosecutions, and to this day impunity is chronic.
Argentina:
Figure 2: Source: Yahoo Images, Colin Snider; Graffiti of General Jorge Videla with the phrases “More than 30,000 reasons for popular justice. Never again look the other way.”
Argentina took the most extensive approach of the states discussed so far. In 1983 after the defeat of the military in the Falklands Wars, President Raoul Alfonsín annulled the amnesty the military had given themselves. He also set up the Commission on the Disappeared which produced the report Nunca Más (Never Again) which was a national bestseller – fulfilling some forms of memorialization. The evidence the commission gathered was used to prosecute 5 of the most senior members of the military junta, but when indictments began on less senior officers the military revolted in 1987. Trials ceased to end the conflict but Alfonsín refused to give any pardons. His successor Carlos Menem was the one to pardon ex-president Videla and others on grounds of “national reconciliation.” In spite of Menem’s undermining, human rights groups and families of the disappeared renewed the vigor for criminal accountability in 2003, and as of 2010, more than 800 face criminal charges and 200 have been sentenced.
South Africa:
When one thinks of “truth and reconciliation” or “truth commissions,” the most likely example to come to mind is South Africa. After the end of apartheid (a crime against humanity) in 1994, the new democratic government formed the unique tripartite Truth and Reconciliation Commission (TRC). It had three responsibilities: (1) record the apartheid era for memory, (2) make recommendations for reparations, and (3) grant amnesty to individuals based on application and only in limited circumstances.
This was a revolutionary step for transitional justice and helped citizens come to terms with the violent and discriminatory apartheid. In spite of the success of this TRC, no prosecutions have ever been mounted and organizations like Human Rights Watch and Amnesty International fear the TRC suggestions are not being fully implemented.
Nonetheless, it is important to note that the commission was chaired by none other than Archbishop Desmond Tutu whose ceaseless human rights efforts have helped define the role of TRCs as both forward and backward-looking. In his words, “True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth. You cannot forgive what you do not know.”
United States:
For an in-depth examination of the transitional justice movement in the United States, please read Maya Crocker’s blog here.
Conclusion
Without addressing the seeds which sprouted violence, the threat of their reoccurrence cannot be escaped. This means acknowledgment, and hardest of all, forgiveness. While a generation suffered, hatred should not be allowed to pass down and threaten long-lasting peace.
This is not easy, but if you believe in human rights, affirming the realities of victims and perpetrators and all those in between is crucial. As Desmond Tutu says, “We must not only speak about forgiveness and reconciliation, we must act on these principles.”
This post draws a lot of information from the book Crimes Against Humanity: The Struggle for Global Justice by Geoffrey Robertson, originally published in 1999 with multiple editions given the continuous development of human rights. I will be utilizing information from a 1999 edition, and thus, certain information on the results of transitional justice attempts will have developed more in the last two decades. If you are interested in obtaining a copy for yourself, the latest edition was updated in 2013 and includes additional sections on Iraq, Guantanamo, the Obama administration’s use of drone warfare, the Charles Taylor conviction, and the trials of Mladic, Karadzic, and Khalid Sheik Mohammed.
Figure 3: Source: Target; Cover of the aforementioned book.
Geoffery Robertson is an internationally acclaimed lawyer and human rights advocate who has served as a UN war crimes judge and founded Doughty Street Chambers in London, a leading human rights law practice. In his book, he deconstructs international human rights law, beginning with the foundational philosophy of rights dialogue (natural rights, social contract, Enlightenment) and moving through the defining events of 20th-century human rights law formation. His book is written in a non-legalese, prose-like style and is a strong starting point for learning a breadth of information about the very complex processes behind prosecutions (and more often why they don’t happen).
If this interests you, read Robertson’s book or check out more blogs from IHR below:
What is the International Criminal Court and Why Should I Care?
Source: Yahoo Images; An image depicting an oil spill over a body of water that caused a fire to break out.
As gas prices continue to skyrocket in response to the ongoing crisis in Ukraine, many people are feeling the impacts of our global reliance on nonrenewable resources and reconsidering the pros and cons of our collective consumption of these natural resources. Many nations are worried about how their access to natural resources is closely related to the foreign relations and policies they support. Others, like Germany, see this as an opportunity to relieve their dependency on nonrenewable resources as a whole, and to transform their societies to use greener, more sustainable, renewable resources, such as solar and wind energy. As climate change continues to be a growing threat to the future of humanity, transitioning our societies and our infrastructure to support and even incentivize the use of renewable resources can serve the purpose of not only combating climate change but can also create new job opportunities worldwide. To comprehend the need to shift to a more sustainable society, we need to focus on the details of the oil development process. This includes the development, transportation, and distribution of the oil products, and how oil wastes are managed. Examining these issues more carefully can help us better understand how these processes impact the environment around us. The oil and gas industry is responsible for countless environmental and human rights violations, and their practices and international influence have horrifying consequences. It is crucial, now more than ever, to realize just how dependent we are on this resource, how that dependency can lead us to make flawed foreign policy decisions, and why that can have irreversible consequences on the future of mankind.
Crude Oil and the Environment
Crude Oil Extraction and Development
Source: Yahoo Images; An image depicting some of the oil development infrastructures, like the oil rig in this image.
The process of developing and refining oil is a complex one, in which the crude oil is separated into many different products throughout the process. Crude oil is separated into gasoline, diesel, petroleum, jet fuel, and even propane gas, to name a few. To explain a complex process simply, oil development infrastructures are built near sites rich with natural oil and gas, and this infrastructure drills the resources out of the ground in an extraction process. The extraction process, after the initial extraction of the resources, also includes the practice of fracking. The process of fracking includes the use of fracking fluid, made up of water, sand, and chemicals, which are injected back down the drilled site forcefully, in order to extract any remaining amounts of oil and gas hidden inside of rocks. The extracted oil, known as crude oil, is then processed in various ways to refine the crude oil into petroleum products. Crude oil goes under a distillation process, where it is heated up in a furnace and distilled in a tower that separates the various products based on varying temperatures and density and is treated in special vacuum units and cracking units to deliver the final set of products. The special vacuums help separate the various products based on temperature and density, and the cracking units alter the molecular weight of hydrogen atoms to form the final products. Each barrel of crude oil can produce about half a barrel of gasoline, a quarter of a barrel of diesel fuel, a tenth of a barrel of jet fuel, and the rest can be refined to be used as other petroleum products.
In this part of the oil development process, one of the most environmentally impactful practices is the process of fracking. This process has harmed both the environment and its residents, and in this way, can have long-term consequences. It includes the possibility of fracking fluids leaking into groundwater, or surface water, and polluting these sources with cancer-causing chemicals. Also, the process of fracking alone requires tremendous amounts of water to extract the last bits of oil and gas trapped inside rocks. In this way, fracking is not only polluting the underground and above water sources, it is also using the remaining clean water for the fracking itself. Since the rise of fracking practices over the past few decades, even American residents who live in places such as Flint, Michigan, have been struggling with health concerns and having access to clean water due to fracking practices in their community. These are all consequences of simply one part of the oil development process. Once the oil is developed, how is the waste from the process managed?
Managing the Waste from the Oil Development Process
Source: Yahoo Images; An image of an unlined sludge pit, where the wastes from the oil development process are being stored without a barrier between the waste and the soil. This can lead to polluted groundwaters and aquifers, as well as cause soil pollution.
Following the extraction and refinement of the crude oil, the wastes that are derived from this process, which is a mixture of water, minerals, chemicals, oil waste, and the toxins released from the process, are required to be treated, stored, and disposed of in specified ways outlined by regulatory legislations. These requirements maintain that the oil waste referred to as sludge, is to be treated so that hazardous chemicals are removed from the sludge, stored in safe areas, (such as above-ground pits that are lined to prevent the wastes from seeping into the soil or the groundwater), and disposed of in secure, underground landfills with specific disposal instructions.
Failure to adhere to the safe disposal of these hazardous wastes can cause environmental, physical, and social harm. Even during the disposal process, including treatment of hazardous waste, storage of the sludge, and safe disposal of this waste, pose incredible risks to both the environment and the health of both the employees and the local residents exposed to this waste. Hazardous waste is generally treated through various methods, like incinerating the waste, which leads to greater air pollution in nearby areas. These chemicals in the air can then be breathed in by employees, or can even be carried to nearby civilian populations, increasing the risks of respiratory illnesses among its citizens. As with the case in Ecuador, (explained below), some oil and gas companies have been reported to store these wastes in unlined pits, and incinerate them in the open, instead of in an enclosed, controlled environment. These corrupt practices further cause respiratory issues for local residents in the area.
Water is also used throughout the oil development process, and because it contains chemicals and toxins that have mixed in with these products, the leftover sludge is supposed to be treated and disposed of with extreme caution at the end of the process. In order to do this, massive pits are dug up and lined in the ground, where the sludge is stored until it can be treated and disposed of. Not doing so can endanger the surrounding environment, as the sludge can leak into the ground, polluting the soil and rendering it infertile for plant growth. It can also seep into nearby streams and rivers, polluting drinking water used by local populations and the area’s species alike. Similarly, although many nations have strict laws on the books requiring oil companies to store waste in lined pits, many wind up storing the sludge in unlined pits, polluting the nearby waters, and leaking oil sludge into the soil. This not only impacts the ecosystem that depends on the soil and the nearby water sources but also prevents the polluted soil from being used for agriculture, impacting the local food security.
Source: Yahoo Images; An image of a pelican covered in oil. This is an example of what happens to the wildlife that encounters oil spills.
Additionally, people who use those streams for recreational purposes, end up developing skin rashes, cancer, and other health issues. When disposing of hazardous waste, if it is not done properly, or if the waste begins to seep into the earth, it can continue to accumulate and pollute our lands and waters. Furthermore, because of the longevity of these hazardous chemicals, if they contaminate our groundwaters or aquifers, they can be very hard to treat, and the water can stay contaminated indefinitely. These chemicals can even accumulate in the species that use these waters for nourishment, and as a result, bioaccumulate inside humans through the web of consumption. Throughout the process of treating, storing, and disposing of the sludge, oil companies attempt to extract and reuse as much of the exploitable oil from the process, attempting to recycle as much of the resource as possible. Even though this process of recycling the resource is less wasteful, it still ends up adding pollutants into the atmosphere and environment and impacting the lives of all the organisms sharing the land and its resources. Although we have been exposed to the countless impacts oil development, and oil waste treatment have on the environment and its life forms, the transportation of oil poses risks that are equally horrifying.
Oil Transportation and Distribution
Source: Yahoo Images; An image showcasing how long and disruptive pipelines can be to the environment, and some of the potential hazards from defective pipelines
The dangers that come from the irresponsible handling of oil and gas do not only pertain to the development of the oil products, or the disposal of their waste. The oil can pose grave dangers to the environment through the process of transporting refined goods, either by land or across the seas. Pipelines have been constructed to transport oil domestically and they run along hundreds of miles of populated land putting the residents near these pipelines at risk. Many protests have broken out against the building of new pipelines. One such example is the protests that broke out against the building of the Keystone XL pipeline, which was proposed to be built over the Ogalala Aquifer, a source of water for residential and agricultural use that serves millions of Americans living in nearby states. Many people opposed the pipeline being built because of the danger of oil spills polluting one of the main sources of drinking water for people in this area. These pipelines can also cut across the migration routes used by many species that reside in those areas, injuring, or even killing many organisms that travel these routes and further jeopardizing the biodiversity of the impacted areas. Biodiversity is an essential element to the survival of all life forms on Earth. Each organism plays an important role, (no matter how small or insignificant it may seem to us), to maintain the functionality of various ecosystems. Part of the dangers posed by this threat to biodiversity comes from the fear of losing keystone species, ones that play a fundamental role in the existence of certain ecosystems. Without these players, the entire ecosystem can be altered in disastrous ways, and this would in turn lead to more loss of biodiversity, feeding into a positive feedback loop that helps accelerate the climate crisis.
Furthermore, there are many dangers posed by shipments of oil across large bodies of water, including the possibility of oil spills occurring in the middle of the ocean or large bodies of water, destroying marine biodiversity. Oil spills are not only damaging marine life but are also tremendously difficult to clean up on large bodies of water. This has been a constant issue that the oil industry has struggled with. Some of these massive spills, such as the Exxon Valdez spill, or the Deepwater Horizon oil spill, have left the impacted communities with immense consequences. The Exxon Valdez spill was responsible for spilling 11 million gallons of oil into the waters of the Gulf of Alaska, destroying countless species of fish and marine wildlife, and polluting the waters, impacting the livelihood of the local communities whose economies depended on the marine wildlife. The Deepwater Horizon oil spill, which occurred off the coast of the Gulf of Mexico, was caused by the fracturing of a weak core inside the oil rig. This fracture released natural gas into the rig, and caused an explosion, allowing for the leakage of oil into the gulf. Approximately 134 million gallons of oil spilled into the waters, marking this event as one of the biggest oil spills in American history. Along with the environmental impacts that both these spills brought about, the process used to clean up the oil spill also uses many chemicals that can lead to a number of health issues, including cancer, developmental and reproductive issues, respiratory issues, and even food poisoning from consuming contaminated seafood and wildlife. These health issues impact not only the people that live near these spill sites but also the workers who are part of the clean-up team, inhaling the fumes and toxins from the cleanup process.
Source: Yahoo Images; An image depicting a clean-up crew, dealing with the aftermath of an oil spill
Environmental Racism and Big Oil
Environmental Racism
After learning about how oil is produced, distributed, and the ways in which oil waste is disposed of, it is equally important to examine who is largely impacted by these practices. As with many other industries that have practices that cause pollution, oil companies have long been accused of being negligent and careless when operating in disenfranchised areas, whether it be domestic, or international. In America, oil infrastructures and waste disposal sites are generally located in impoverished areas, and these areas are largely occupied by people of color, especially African Americans, and Native Americans. African Americans have historically been forced into impoverished and polluted spaces, and forced to work the most dangerous or strenuous jobs. The targeting of Native Americans by these industries is especially cruel due to their spiritual bond with the environment and its many wonders, and their cultural dependence on the environment as a whole. In a similar fashion, on the international stage, the disproportionate exposure from the oil infrastructures seems to be more prominent in poverty-stricken nations, and because the oil companies operating in poor nations have a greater political and economic influence over the governments and their people, they are able to evade the strict environmental regulation policies, endangering the planet, and its people in the process.
The reality of environmental racism in the oil industry, and its negligent practices, may be influenced by historical tones of colonialism and imperialism. Ecuador is one such nation that has been exposed to environmental racism, and one that has been fighting for environmental justice from the recklessness of the oil industry for over twenty years. Ecuadorians have been struggling to hold Chevron accountable for its faulty oil infrastructure, and the consequences to the environment and the local residents as a result of its operations. Commonly referred to as the “Amazon Chernobyl,” the oil development process in Ecuador has had environmental and health impacts that are magnificently larger than the Exxon Valdez spill. During its operation in Ecuador, Texaco, (and Chevron, through its ownership), has been responsible for spilling over 17 billion gallons of oil into Ecuadorian lands, and over 16 billion gallons of toxic waste into the local sources of water. The Ecuadorians addressed many of the health issues that were caused by the operation of the oil infrastructure and brought attention to the corrupt practices of Chevron. The Ecuadorians argued that Texaco, (which was bought by Chevron in 2001), had dumped their toxic wastes into unlined landfills and water sources both above and below the surface. Over 900 unlined pits were discovered through the investigation process of the class-action lawsuit filed against Chevron. At times, when the pits were overflowing, the oil company would just spread excess amounts of crude oil wastes onto the roads traversed by locals. Additionally, they argued that Texaco had violated their right to live on their ancestral lands, forcing them to migrate away from the water sources that were crucial for their survival. Furthermore, Texaco’s practices polluted their soils and waterways, endangering their food sources, and destroying the biodiversity of the environment. The Ecuadorians filed a class lawsuit against Chevron, arguing that Chevron had lied about its remediation attempts, (where the environmental damages are addressed and reversed), insisting that Chevron had just covered over large unlined pits with mounds of soil instead of properly treating the wastes. This lawsuit as investigated and processed in Ecuador recognized the pain and suffering of its Ecuadorian plaintiffs and rewarded them with a $9.5 billion settlement from Chevron. Instead of paying this settlement, Chevron has continually tried to downplay its egregious acts and has been attempting to shift the attention from the Ecuadorian lawsuit, to propose unfounded claims of corruption during the trial process in Ecuadorian courts. Chevron’s response to this lawsuit has been a massive overreach of corporate influence over the judicial process, in which they have been attempting to control the outcome of the lawsuit against them. Chevron’s latest attempts at influencing this outcome have been to harass human rights lawyer Steven Donziger, who worked on the Ecuadorian case against Chevron.
The Ecuadorian case is just one example out of many that exist around the world. Poorer nations are exploited for their resources and their cheap labor, and exposed to harmful chemicals and the pollution of their air, waters, and lands, slowly killing off the inhabitants of the Global South, or leaving them behind with multiple health issues and contaminated resources. These negligent actions are impacting the immediate areas of oil development but also wrecking the livelihood of its inhabitants nearby. Although the impacts of the oil industry’s practices are so widespread, because of its scope and political influence on the global stage, Big Oil continues to exploit vulnerable populations without much regulation or accountability.
Source: Yahoo Images; A picture of a river polluted from an oil spill
Big Oil and its Impact on International Affairs
Big Oil, referring to the massive influence the oil and gas industry has worldwide, is largely responsible for the public belief that oil and gas are necessary resources for human survival, and as a result, holds a great deal of influence over policies both domestic and abroad. There are many reasons behind Big Oil’s power, and its massive wealth (and its access to resources as a result), allow the industry access to political leaders (and policy decisions) throughout the world. Some of these oil companies have more money than the financial capabilities of entire nations. For example, according to Business Insider, Chevron, alone, has enough wealth to rank as the 46th largest nation in the world. They have more wealth than the GDP of the Czech Republic.
Along with this massive wealth, comes an immense amount of political power, especially since these oil companies have access to markets worldwide, and rely on the vulnerabilities of Global South nations as a cheap labor source. Big Oil companies are usually multi-national companies, where they have access to global markets, and due to the sale of highly valued resources such as oil and gas, these companies also have immense influence over how regulatory laws are created in economically vulnerable nations. In exchange for the host nation’s connection to the global market and an increase in job opportunities, these companies, like other multi-national companies, employ locals for a cheaper labor force, under loosely regulated conditions, to maximize profits. In this way, nations with harsher environmental regulations, predominantly Western nations, and even within them, communities with more environmental oversight (predominantly wealthier communities), are less vulnerable to the predatory ways of Big Oil.
To maintain this global influence, Big Oil has helped launch and has funded campaigns against climate change. Many of the think tanks that propose “evidence” to debunk climate science is funded by Big Oil. These climate deniers have transformed the climate issue from an existential crisis that requires global cooperation to a controversial issue, delaying the much-needed global actions to stop climate change from destroying the planet. In this way, big oil controls the geopolitical policies among nations, and because of the global dependence on these resources, Big Oil has immense control over the climate discourse and the global struggle against climate change.
What Can We Do?: Releasing Big Oil’s Global Stronghold
There are various levels at which this issue can be addressed. Globally, all nations need to shift from an economy that depends on nonrenewable energy sources, to one that is more sustainable and greener. This means transforming our infrastructure to support renewable sources of energy, preserving what little biodiversity we have left, and engaging in a global remediation project to possibly reverse some of the effects of climate change. On the international stage, the United Nations needs to establish a system that is in charge of regulating multi-national corporations and holding them accountable for instances of human rights violations, such as exploitation and environmental racism, and propose an environmental rights charter in the same way we have charters on civil, political, social, economic, and cultural rights. Non-Governmental Organizations (NGOs), like Amazon Watch, are bringing attention to the exploitations and environmental degradations of the Amazonian Rainforest, and its impact on the local residents. Supporting such organizations can be a start. We can also pressure our representatives and political leaders to vote on greener legislation and denounce subsidizing oil companies. Additionally, we can urge our lawmakers to help shift the society and economy to support a more sustainable future. This can only be done by holding policymakers accountable for their campaign donations, urging them to refuse campaign funding from Big Oil companies, which can influence their loyalties on policy positions. We also need to be in favor of bettering our infrastructure and public transportation systems. Doing so would allow us to be less reliant on oil and gas for private consumption while improving our public transportation systems to provide better access to all those living on the outskirts. On the state and local levels, we can pressure our school boards to include teaching environmental science in the core curriculums. Doing so would introduce younger generations to living more sustainable lives, and in the process, establish the global realities and consequences of anthropogenic climate change. There also needs to be more discussion about instances of environmental racism and how best to combat it with social policies. Finally, if you want to make personal changes to your lifestyle instead, you can do your part by paying attention to what’s going on around you. You can stand up for the plight of those who are being forced to deal with environmental racism by educating your friends and family. Also, you can make incremental changes to your behavior to transition your lifestyle into a greener, sustainable one.
Source: Yahoo Images; A picture of Ukraine being attacked
The Russian invasion of Ukraine has devastated both nations, with the people of Ukraine struggling to defend their homes against the more advanced Russian military, the people of Russia struggling financially in the face of global sanctions, and has spread anxiety to many nations of the possibilities of another world war, or even worse, the escalation into nuclear warfare. While there is a lot of coverage regarding the many attempts at diplomacy, the bombings and other military attacks on Ukraine, and the reactions of both Vladimir Putin, the Russian leader, as well as Volodymyr Zelensky, the Ukrainian leader, there are many consequences of this crisis that need to be brought to attention. It is important to focus on the impact of this crisis on the civilian populations of both nations and equally important for people to recognize that this crisis, along with similar crises around the world, is further fueling the climate crisis, even without the threats of nuclear warfare dangerously being dangled as an option. Additionally, the Ukrainian forces of resistance are essentially complex; on one side, ordinary Ukrainian citizens should be honored for their bravery and resistance at defending their nation from foreign invasion, but on the other hand, it is necessary to recognize that the Ukrainian military also includes the Azov Battalion, the neo-Nazi Special Operations unit in the Ukrainian National Guard. These are some delicate times, and transparency can help increase the trust among nations. Just the same, in the wake of this crisis, the world should not ignore the other brutalities taking place globally, many of which have participated in egregious violations of human rights. Finally, it is pertinent that people be aware of the war crimes and crimes against humanity committed by Russia and hold them accountable.
The Human Impact
Source: Yahoo Images; A picture of Ukraine’s nightlife to capture its beauty before Russia’s invasion
While this crisis is a result of drastic measures taken by Putin and as a response to Putin’s aggressions, Zelensky, the civilian populations are the ones that are most impacted by it. On the one side of the conflict, Russian civilians are facing tremendous economic struggles, as sanctions are being placed on Russia from countries throughout the world. Among those who placed sanctions against Russia were the European Union, Australia, Japan, and even the famously neutral Switzerland. The European Union promised to cause “maximum impact” on Russia’s economy, some states like Japan and Australia chose to sanction the oligarchs and their luxury goods, and the United States sanctions included a freeze on Putin’s assets. With that being said, it is important to analyze how these sanctions can harm everyday Russian citizens. Civilians are lining up at ATMs and banks to withdraw their cash as stocks are plunging and the Russian currency, the Ruble, lost its value by 25%. Many Russian-made products are being boycotted around the world, and even Russian participation in events like the Paralympics is being banned. Russian citizens are unable to access their money through Google Pay and Apple Pay, as both have been suspended in Russia. For fear of Russian propaganda, the United States has even banned Russian media outlets from having access to the American people. Furthermore, even amidst these sanctions and economic uncertainties, Russian civilians have risked their lives to protest against their leader and the Ukrainian invasion in large numbers. When the invasion first began, 2,000 Russian protesters against the war got arrested by the Russian police. Almost two weeks into this invasion, as the protests continue to take place, as many as 4,300protesters have been arrested. Shockingly, many of the Russian soldiers sent to invade Ukraine have been reported abandoning their posts, fleeing or voluntarily surrendering to the Ukrainian forces, admitting that they were not even aware they were being sent into combat. These Russian soldiers, many of whom are inexperienced, young adults, are being forced to fight or be assassinated by their officers for abandoning their military posts during active wartime.
Nevertheless, as a result of Putin’s aggression, on the other side of this conflict, Ukrainians are being forced to deal with the devastations of war, and the people of Ukraine are fully invested in the defense of their nation. Ordinary citizens are being taught how to make Molotov cocktails, civilians are coming together to help each other meet their basic needs and anyone capable of fighting is being recruited to join the Ukrainian defense forces. Unfortunately, Ukraine has banned 18 to 60-year-old men from leaving the nation and forcing them to join the fight. This wartime crisis has also led to a massive refugee crisis as women and children and people of other nations are trying to escape the conflict zones. This refugee crisis has its own issues, with reported instances of discrimination against refugees from the Global South fleeing Ukraine. These reports focus on the mistreatment, harassment, and restriction of the refugees from leaving Ukraine to seek safety. Additionally, while the global solidarity to support Ukrainian refugees is admirable and should be commended, many critics have argued that Ukrainian refugees have been better received from the rest of Europe and the rest of the world in general, while refugees from the Middle East or other Global South nations have not been treated with the same courtesy. These are some valid points to consider, and the refugee crisis is only going to be amplified as a result of the many consequences of climate change.
Warfare and Climate Change
Source: Yahoo Images; A map of the world in black, engulfed in a fiery background. The world is on fire and steps need to be taken to combat climate change.
Climate change continues to impact the world during this crisis. The latest report from the Intergovernmental Panel on Climate Change (IPCC) illustrates just how fragile our current climate crisis seems to be, exclaiming that anthropogenic (caused by humans) climate change is increasing the severity and frequency of natural disasters, and warming up the globe around 1.5 degrees Celsius (2.7 degrees Fahrenheit). The planet is already experiencing irreversible changes, the IPCC warns, and if actions are not taken to limit emissions and combat the climate crisis, the future of humanity is at risk. Additionally, another finding was reported about the Amazon Rainforest, (popularly dubbed the “Lungs of our Planet”), being unable to recuperate as quickly as it should due to heavy logging and massive fires it has experienced just over a couple of decades. These shocking revelations should be taken seriously, as this development will lead to more conflicts over land and resources. As people around the world are beginning to experience the calamities of climate change, nuclear warfare would maximize its destructions. With Russia being a nuclear state, tensions are surmounting globally, as nations continue to condemn Putin’s aggressions, and call for a ceasefire. Putting aside the possibilities of nuclear warfare, regular warfare amplifies the climate crisis in many ways.
First and foremost, warfare and military operations have a direct correlation to climate change in that they use massive amounts of fossil fuels to operate their machines and weapons, and militaries are among the largest producers of carbon across the world. This means that not only do militaries and their operations consume massive amounts of fossil fuels, but they are also among the biggest polluters in the world. Militaries worldwide need to decrease their carbon footprints and engage in more diplomatic strategies instead of engaging in warfare. We need to focus on international efforts to combat climate change and transform our economies and infrastructures into sustainable ones that rely on renewable resources. With this in mind, Germany addressed the energy crisis in Europe by suggesting that there needs to be a shift to a more sustainable economy, away from the influences of Russia, with the intentions of also fighting against climate change while becoming economically independent from Russian resources.
Furthermore, Russia, on the first day of its invasion against Ukraine, captured the site of the nuclear disaster, Chernobyl. While many argue that this was a strategic move to provide Russian troops a shortcut into Kyiv through Belarus, (Russia’s allies), others argue that the capturing of Chernobyl was meant to send a message to the West to not interfere. Still, others believe that the capture of Chernobyl held historic relevance, as many believe that the incident at Chernobyl led to the fall of the Soviet Union. Whatever may be the case, it is unclear what Putin’s plans for Chernobyl are, and as an area that is filled with radioactive, nuclear waste, people’s concerns with Putin’s possession of Chernobyl seem valid. If not contained and treated with caution, the nuclear waste being stored at Chernobyl can cause irreversible damages to both the environment and nearby populations for decades. Recently, there have been reports of Russian attacks on the Zaporizhzhia Ukrainian nuclear power plant which caught on fire, increasing the risks of a disaster ten times as bad as Chernobyl was. While we are still unclear as to the details of this report, we do know that Russia has captured it, and at the very least, wants to hinder Ukraine’s source of energy. Ukraine depends on nuclear energy for its electricity, and this plant produced 20% of the nation’s energy. At best, this was a strategic move on Russia’s part, yet some have even suggested that if Putin is so irresponsible with his attacks on a nuclear power plant, how much restraint might he show with regards to using nuclear weapons if he feels pushed into a corner.
Finally, as was explored during the Cold War, nuclear weapons themselves have dramatic consequences on the planet as a whole and have the power of ending humanity. This was one of the major epiphanies that led to the de-escalation of the Cold War when both the United States and the Soviet Union understood that to use nuclear weapons against each other would be “mutually assured destruction.” While many argue that Putin’s instructions to ready Russia’s nuclear weapons is a form of intimidation targeted on the West, these threats can carry out unimaginable consequences if acted upon. With increasing pressures from all sides, including the global sanctions, and the massive resistance from Ukraine, Putin’s incentives are becoming unclear as this conflict continues to unfold.
Source: Yahoo Images; A picture of the nuclear facility at Chernobyl.
The Complexities of the Ukrainian Crisis
There has been a backlash by some that the world was not this enraged when similar invasions and occupations occurred in Palestine, Syria, or during several of the Middle Eastern conflicts that have devastated the people of that region. Still, others have dismissed this argument, stating that what makes this crisis especially relevant globally is its threats of nuclear warfare. Others, however, argue that the global support of Ukraine is in part due to their being a population of white Christians. To support this argument, they point to many instances in Western media coverage of the Ukrainian invasion that has suggested this exact idea. A CBS reporter cried on a news segment, “this isn’t a place, with all due respect, like Iraq or Afghanistan, that has seen conflict raging for decades. This is relatively civilized, relatively European….” Even a Ukrainian prosecutor was caught saying “It’s very emotional for me because I see European people with blue eyes and blonde hair being killed.” This is important to note because Ukraine’s military has a Special Operations Unit known as the Azov Battalion, which is made up of far-right neo-Nazis, sporting Nazi regalia and symbols of White Supremacy. Putin’s many excuses for invading Ukraine included the need to “de-Nazify Ukraine”, referring to Ukraine’s empowering of the Azov Battalion’s rise to military and political prominence in the country. The Azov Battalion came under fire in 2016 for committing human rights violations and war crimes, detailing reports of abuse and terrorism against the civilians of the Donbas region in separatist Ukraine. With that being said, Putin’s excuse of wanting to terrorize an entire nation for the sake of his opposition to one particular group of Ukrainians is not justified, and people argue that his motivations are much more insidious than that. With the Ukrainian crisis being such a complex and nuanced issue, much of the world is focused on the conflict, a reality that many nations are taking advantage of to benefit their own national interests.
Other Aggressions still taking place around the world
Source: Yahoo Images; A woman holding a Palestinian flag, as Israeli forces continue to occupy Palestinian land.
While the world’s attention is captured by the Ukraine-Russian crisis, some countries are taking advantage of a distracted world to commit their own atrocities. For one, Palestine continues to be colonized by Israel, a struggle that has lasted for over fifty years now. While Israelis are showing solidarity for Ukrainians from occupied Palestinian lands, they are oblivious to the hypocrisy of their actions and refuse to recognize their role in the suffering of the Palestinians. Just a few days ago, Israeli forces attacked and killed Palestinian civilians in the occupied West Bank, and they continue to terrorize the Palestinians in an attempt to force them out of their homes.
In another part of the world, the United States, while calling for peace in Ukraine, proceeded to bomb Somalia in the past week. A conflict that the United States has been a part of for fifteen years now, American forces claim that their intended targets are the militant groups in Somalia. Yet, according to Amnesty International, the US African Command admitted to having killed civilian populations with one of its many airstrikes conducted over Galgaduud in 2018. In fact, they claim that the only reason the US even admitted to the civilian casualties in Somalia was due to extensive research on the part of Amnesty International.
The Ukrainian conflict also has Taiwan on the edge of its seats, as many are focusing on the US response to the Ukrainian invasion to measure the reactions that the US might have if China were to invade Taiwan. Many Taiwanese officials are contemplating Russia and China’s close relationship and are worried about what a successive Russian invasion of Ukraine might mean for their own development with China. The Chinese government is already engaging in misinformation/disinformation campaigns against Taiwan, and many Taiwanese claims that China has also been conducting cyberattacks in Taiwan and military drills around the island.
Resistance and Accountability
Source: Yahoo Images; A picture of a man in the motion of throwing a Molotov cocktail
Ukrainians, much to Putin’s dismay, have been successfully defending their nation and holding off Russian forces for over a week now. In response to its successful resistance, Ukraine’s forces claim that the Russian bombings have been targeting civilian buildings and taking the lives of innocent civilians, among them at least fourteen children. As videos of the Ukrainian invasion surface on social media platforms such as Tik Tok and Twitter, many experts are suggesting that the Russians are engaging in war crimes and crimes against humanity, and the International Criminal Court (ICC) has begun an investigation into these possibilities. The ICC is focusing not only on recent attacks against Ukraine but seem to also include past Russian aggression against Ukraine in their investigation. These crimes include the violation of the Geneva Convention, the bombing of civilian infrastructures, and even Russia’s use of vacuum bombs, (otherwise known as thermobaric bombs), which are bombs intended to suck the oxygen out of the air in its surroundings and convert it into a pressurized explosion. Although the vacuum bombs have been used in various places since the 1970s, (by Russia against Chechnya in 1990, by the Syrian government in 2016, and even by the United States in 2017 against Afghanistan), experts warn that these weapons can be extremely lethal and destructive in densely populated areas. Along with the above-mentioned violations against human rights, Russia’s attack on the Ukrainian nuclear power plant is added to the list of war crimes and crimes against humanity committed by Russia, and it continues to grow as the invasion persists.
Even with these threats and unprovoked aggression from Russia, Ukrainians have been more resistant than Putin had planned. Ukrainian civilians have taken up arms to defend their nation, and their enormous bravery is inspiring to witness. This sense of solidarity among the Ukrainian people is, many believe, a direct result of President Zelensky’s own courage and his choice to fight alongside his people instead of fleeing to safety. This action alone has emboldened the Ukrainian morale, and everyone is attempting to do their part in this conflict. People are helping each other out with humanitarian needs like securing food and shelter, and civilians are constructing Molotov cocktails to throw at the incoming Russian forces to stall their advances. Zelensky even released Ukraine’s prisoners and armed them, urging them to fight and defend the nation. These instances of Ukrainian resistance and unity among other nations of the world give us hope that they have a chance at winning global support against this crisis and bringing about peace and stability in the Ukrainian regions under attack. Considering the real threat of another world war unfolding before our very own eyes, it is important now more than ever, that we approach this conflict as objectively as possible. In order to do so, we have to employ different approaches that we have never before attempted and think outside of the box. With their efforts at resisting the invasion, Ukrainians have inspired me to believe that we as humans might be able to come together globally and perhaps tackle the climate crisis as well and protect our planet in the same manner the Ukrainians are defending their own homes before it’s too late.
After weeks and months of rising tension, Russia invaded Ukraine on February 24, 2022. Russian troops moved over the border into Ukraine and the Russian air force started attacking cities and strategic locations like military installations and airports. These attacks have happened all across the country, not only in some of the contested provinces in eastern Ukraine. These areas have experienced violence and fighting since 2014 after Russia annexed the Ukrainian territory of Crimea. World leaders have condemned Russian actions, with the U.S. and EU announcing additional sanctions on Russia and security-related, economic, and humanitarian support for Ukraine. NATO and the UN have held emergency sessions.
Source: New York Times, 02/24/2022.
While this conflict seems far away for us here in Alabama, these developments are impactful, significant, and not to be underestimated for multiple reasons.
Impact on Geopolitics and the International Order
Most importantly, this is the first time since World War II that we are seeing what will likely shape up to be a full-blown international war in Europe. The Russian aggression against Ukraine puts the international order generated at the end of World War II at risk and shakes the very foundations of international relations. The invasion violates international law and denies principles and tenets established by the United Nations Charter, namely the concept of collective security, the maintenance of international peace through multilateralism and institutions, and the outlawing of the use of force in international relations. The war also threatens to destabilize Europe and undermines the order established after the end of the Cold War in the 1990s. This has the potential for severe and long-term consequences for Eastern European countries that were formerly under Soviet influence.
From a geopolitical point of view, the invasion highlights Russia’s expansionary tendencies and Russian President Vladimir Putin’s attempts to assert his power and restore regional dominance. Reinstating direct or indirect Russian control over Ukraine – a country that was formerly a part of the Soviet Union and before of the Russian Empire – has long been on Putin’s agenda. The collapse of the Soviet Union in the early 1990s and the following eastward expansion of NATO and the European Union to include countries that were formerly within the Soviet sphere of influence (e.g., Hungary, Poland, Slovakia, the Baltic States, and the Czech Republic) have humiliated Russia’s ambitions to be perceived as a major world power and undermined its influence in Eastern Europe. NATO announced in 2008 that it would consider membership of former Soviet Union states Ukraine and Georgia, which Putin considered a direct threat to Russia’s influence. When Ukraine’s pro-Russian president was overthrown in 2014 and a pro-European government was installed, Putin invaded and annexed Crimea and started to support pro-Russian separatist forces in the eastern Ukrainian provinces of Luhansk and Donetsk. Tensions have grown since then, culminating in the Kremlin calling the Ukraine “not a state”, designating it an artificial country, and Putin’s speech justifying the invasion by accusing the Ukrainian government of a genocide against the country’s Russian-speaking population. He has also issued warnings to NATO and the U.S. that interfering would lead to “consequences you have never seen”.
Source: Ministry of Defense of Ukraine.
This has implications not just for the Ukraine, but also for other former provinces of the Soviet Union like Georgia and Kasakhstan. Further, it might set a precedent for other countries like China, which has long contested the independence of Taiwan and the validity of Taiwan’s statehood, or Serbia, which has disputed Kosovo’s recognition as a state. If the international community and Western power show a weak response, China might feel emboldened to take military action to annex Taiwan.
The Human Rights Perspective
From a human rights point of view, there are two particular points of concern I want to highlight. First, there is the potential of grave human cost. In the first hours of the invasion, 40 Ukrainian soldiers have already been killed and dozens more wounded. While Russia’s defense ministry promised not to attack cities or put civilians at risk, we all know that this is not how war works out or how Russia has fought its past wars (think Chechnya and Syria). Human rights violations, especially against women, children, and other vulnerable groups, tend to be widespread in armed conflict. A number of agencies have already called for a ceasefire to protect people in the Ukraine and to allow for humanitarian action, but so far we have yet to see any progress on this.
Second, there is the larger issue of authoritarian regimes expanding to the detriment of democracy and human rights. The “democratic recession” or the decline of democratic institutions and individual rights even in countries that were traditionally stable liberal democracies with high levels of freedom (including our own…) has been demonstrated by political scientists over the years (the term was coined by Larry Diamond, but see also here and here for other approaches). While scholars are debating the impact of democratic decline, Freedom House scores have consistently declined since 2005, showing democracy and human rights in crisis.
Meeting of the Security Council. Source: Nagpur Today.
It seems that the foundations of international peace, democracy, and human rights are at risk. Russia’s open aggression shows that these foundations are crumbling or at least are perceived to be crumbling. Putin is not alone in his interpretation – other authoritarian leaders in China, Venezuela, and Iran, and even some heads of state of democratic countries like Poland and Hungary, have openly defeated traditional avenues of political interaction, trade, treaty making, and diplomacy in favor of hard power and force.
Where does this leave us? At this point, it is unclear how the war between Russia and the Ukraine will unfold, how long it will last, and what the exact human and economic costs will be. We also don’t know yet how the world will respond beyond strong condemnation and imposing sanctions. What we do know is that there is great volatility and potentially long-lasting consequences from this fall out. This is a dangerous situation that we need to observe carefully. It has major implications for geopolitics and will affect us here at home.
What can you do to support the people in the Ukraine?
Anne Applebaum (writer, Atlantic Monthly, focus on Eastern Europe
Franz-Stephan Gady (International Institute for Strategic Studies, IISS, in London–short analyses of the evolving military situation)
Steeven Seegel (Historian of Russia and Ukraine, UT Austin, actively bringing the community together)
Learn more about the conflict, context, and potential implications. We will post the recording of our Panel The Ukraine Crisis: Implications for Geopolitics and Human Rights that took place on Thursday, March 3, at 4:00 pm CST soon.
On September 6th, 2021, six Palestinian prisoners escaped from what is known as Israel’s most secure and guarded prison, Gilboa Prison. An escape conducted only with a spoon has been heralded as a heroic victory for the Palestinian people and a major security breach to the Israeli government. The conflict between Israel and Palestine is nothing new. In fact, it’s known by many as a “100-year-old issue.” Since 1948, there have been continuous arguments and battles about land control, but it has now come to be much more. Today, Israel occupies most of the West Bank and has built settlements that are illegal under international law. Aside from speaking about which country controls what land, it is vital to recognize and understand the countless human rights violations happening—most of which were committed by Israel.
Yahoo Images
Israeli Prisons
Since 1967 over one million Palestinian people and supports have been arrested in Israel by the IDF. In June 2021 alone, a total of4650 political prisoners were detained. 200 which were children, 40 women, and 544 serving life sentences. In 2020, there were 700 sick patients arrested and not receiving theproper care. It’s been noted that the Israeli police have targeted Palestinians with discriminatory arrests, torture, and unlawful force. The main targets of arrest are typically Palestinian activists, like the six prisoners who escaped.
In Israeli prisons, Palestinian prisoners live in “appalling conditions that are subjected to harsh treatment.” The United Nations hasnoted that techniques used by the Israeli General Security Service during prison interrogations constitute torture. Once arrested, prisoners and detainees begin to endure physical abuse and humiliation—allviolations of international humanitarian and human rights law. When interrogated, they become exposed to “physical torture and psychological intimidation.” They are beaten, put into solitary confinement, inspected, deprived of medical and sanitary resources, and many more things. The report confirmed these conditions and the treatment of Palestinian prisoners in Israeli prisons through multiple letters sent to the UN and posted.
In addition to the illegal conditions of arrests and detention, Palestinian children have become increasingly targeted by Israeli detention. These children have been abducted and denied their fundamental human rights, sentenced, and convicted throughout the night. About 95% of the Palestinian children released from Israeli jails suffer from torture and ill-treatment during their time spent and throughout the interrogation process. Sick detainees have also been a massive problem within these prisons. More than 1,500 Palestinian prisoners—including those with disabilities—suffer from different physical and mental illnesses due to the poor conditions and no access to medical attention. Prisoners with cancer are denied any type of access to medical attention unless it is an emergency. Meaning chemotherapy is not an option. Routine doctor’s visits, medicine, anything a typical cancer prisoner should be provided, is not allowed. The condition of these prisons continues to worsen and violate human rights.
The Re-Capturing of the Six Prisoners
The news of six prisoners escaping comes as a surprise to everyone. Not one person, Israeli or Palestinian, would have imagined that not one but six people could ever escape again. Once the world knew six people had escaped, the Israeli government began a search to find all six of them. The escape set off anuproar within the Israeli government as it was the biggest jailbreak seen in more than twenty years. Since the escape, Israeli prisoners have doubled down on their security, causing many Palestinian prisoners to protest and go on hunger strikes. With the current prison situation, it’s not imaginable what constitutes stronger security conditions. This is known as “collective punishment”, which is deemed illegal under humanitarian law. Posts around social media show the different forms of protests the prisoners have been doing. In addition, the manhunt included harassment of family members and violent raids across the occupied West Bank and East Jerusalem. The recapturing of the prisoners resulted in protests in the occupied West Bank and around the world.Thousands gathered to protest the rearrest and the reasons for the original arrests. Protesters in Palestine went out “in solidarity without prisoners in the occupier’s jails… it’s the least we can do for our heroic prisoners,” saidJihad Abu Adi.
Yahoo Images
Since being captured, the escapees have all been tortured and beaten by the Israeli occupation forces. The worst being towards Zakaria Zubaidi. After he was rearrested, he was tortured so badly; he had to be sent to the ICU to receive urgentmedical treatment. He was taken toRambam Medical Center, located in Haifa, for treatment. It has been suspected that Zubeidi was tortured with electricity. His brother released a statementsaying, “my brother is being subjected to the harshest form of torture.” Along with the electric form of punishment, it is noted that Zubeida’s leg was broken, and the Israeli prison forces did not allow him to sleep. Israeli security forces also did not allow lawyer visits for any of the recaptured. Palestinian human rights groups have asked the International Red Cross to get involved and facilitate interactions between their legal counsel and their families.
What’s Next?
Many Palestinians continue to live in fear of what is to come after the prison break. In the midst of fear, victory is sensed. Many journalists, Palestinians, and supporters have called this a momentous victory that showcases the strength and resilience of countless Palestinians.
Yahoo Images
The most important thing one can do is learn the history, educate themselves, and read. Many individuals are being treated in an unfair manner which is deemed illegal under International Law.
Check out these links, social media accounts, and books to learn more. @eye.on.palestine, an account on Instagram, posts daily updates on the occupation forces attacking Palestinians. Additionally, their accounts share pictures and post stories of what it’s like to live in an Israeli prison, access to medical care, and the food strikes conducted in protest.
Books:
My Promised Land: The Triumph and Tragedy of Israel, Ari Shavit
In Search of Fatima: A Palestinian Story, Ghada Karmi
Arabs and Israelis: Conflict and Peacemaking in the Middle East, Abdel Monem Said Aly, Shai Feldman, Khalil Shikaki
“We are asking for the European community to help. Why are they not listening to us? Where are the human rights? We took refuge in the European Union but where are they? There are no toilets, no showers, no water. Nothing. Not any security or safety. We die here every day.”
Devastation in Moria
On the night of September 8th, 2020, fires raged through Europe’s largest migrant camp in Moria, Lesvos in Greece. It is home to more than 13,000 people which is 6x its capacity. Recently, Moria has caused deep political divisions and unrest in Europe over Mediterranean migration. Moria serves a direct transit point for hundreds of thousands of people seeking refuge from Afghanistan and Syria with the European Union. After Europe started closing its borders and putting a quota on the number of immigrants 4 years ago, life in Moria began to be plagued by mental and physical health issues and desperation. What was originally a temporary camp, became the home of deplorable conditions for people who were running from another deplorable environment.
On the night of the fires, thousands of Moria residents were displaced and are currently being refused entry into Europe, being refused basic rights to shelter and safety, being refused access to proper shelter and sanitation, and being refused their human rights. Since fleeing the fires, the refugees have resorted to sleeping on fields and the sides of roads. Thousands of migrants are now demanding more permanent housing because their situation is so out of the norm and they just want to feel safe in one environment, but their cries for help are continuing to go unheard. The Greek government has taken positive steps to build a more permanent migrant camp, but this leaves little to no hope for refugees seeking a better life outside of Lesvos.
This picture shows the a part of the residential area of the Moria camp where proper housing is severely limited and lacking along with our necessities. Source: Marianna Karakoukali
While accounts of how the fires started are currently being investigated the Greek government is claiming to have identified the culprits. Rumors of how the fires started are illustrative of ethnic and political tensions on Lesvos. The refugee migrants are tired of their poor living circumstances and the local population is upset with lack of regional, national, and international support for managing the influx of migrants and refugees on the island. While a second civil rights movement is happening not only in the United States, but all around the world, racial and ethnic tensions are high. Many refugees feel the European Union is turning its back on them. The European Union is becoming less tolerant for migrants and refugees, when it had once promised to help.
So how is COVID-19 affecting Moria?
Earlier this year, Greece went into lockdown and put travel restrictions on tourists coming in and residents going out. At the beginning of September, there was a small outbreak among the residents at the Moria camp, and human rights advocates are concerned that the Greek government is using this outbreak as an opportunity to further constrain the lives and freedoms of the migrants. The Greek minister for migration; Mitarchi, released a statement saying that the outbreak suggests need for a more “closed and controlled” environment for the migrants. This is odd considering that Moria has experienced far fewer cases than the rest of Greece, but the restrictions placed over the lives in Moria were much higher in comparison. In the Spring, the United Nations was so overwhelmed and concerned with livelihood and the living conditions at Moria that they called to expedite the migration process and related paperwork. So along with the day to day living conditions at Moria, COVID-19 and readily available access to healthcare is making life harder for the migrants. The fires may have been set in retaliation against the newer COVID-19 restrictions by the migrants or they might’ve been set by the local residents who fear the spread of COVID from the camp.
What is going on now?
In the meantime, while the Greek government is talking to French and Italian national leaders, riot police have been deployed to both the site where fires have been set, and also to the new refugee camp that is being set up to shelter those abandoned in Moria. This new site is at Kara Tepe where local media has identified helicopters that have been transporting tents and other necessities for the residents. In the fires, refugee documentation and belongings have been lost and burned, so it is still being determined how accessible the new site at Kara Tepe will be. Many refugees are now saying that they will not go back to another refugee camp where proper living conditions are not guaranteed, but the Greek government is saying that it will “not be blackmailed.”
Refugees sleep on side of the road following the fires, while they await further government housing and instructions. Source: Tasnim News Agency
As we approach 2020 and the end of this decade, we come across several lists of important happenings, milestones, and statistics in various disciplines across the world. As for human rights, it is important to reflect where we stand on the provision and fight for human rights and highlight the important issues that emerged during this decade.
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