People filled the plaza in the place where all three powers of governance meet in Brasília, Brazil. A sea of green and gold as hundreds of citizens displayed their nation’s colors before entering the seats of power, destroying property, and overpowering the police. People climbed to the roof of the Congress building and unfurled a flag that read “intervention.”
Raging riots in the wake of a new presidency
On January 8th, 2023, citizens stormed Brazil’s Congress, Supreme Court, and presidential offices in objection to the newly incumbent President Luiz Inácio Lula da Silva. Their rage and fear came after the loss of former president Jair Bolsonaro and a false belief that the October 2022 election had been rigged.
Bolsonaro had steadily fostered suspicion against the integrity of Brazil’s voting system for years, even making such false claims on his 2022 campaign trail. After being ousted, his refusal to concede, alongside his previous claims of fraud, left his supporters reeling. Many demanded for months that the military step in and deny letting da Silva take office on Jan. 1st.
While the military did not listen to the demands, they did not completely rule out the possibility of vote rigging either. In spite of the fact that the Defense Ministry found no evidence of fraud during the election, one comment stated that “It is not possible to guarantee that the programs that were executed in the electronic voting machines are free from malicious insertions that alter their intended function.” No evidence has been found to support this conjecture either.
Figure 1: Source: Flickr, Leandro Neumann Ciuffo; Three Powers Square with Os Candangos statue and National Congress building in the background, Brasília, Brazil.
In the wake of growing suspicions and conspiracies, Bolsonaro supporters, known as “Bolsonaristas,” stormed the Three Powers Plaza (named after the three branches of governance located there) in a massive demonstration that soon turned violent.
The facts and events of the U.S. and Brazil riots
The similarities between January 6th, 2021 in the United States and January 8th, 2023 in Brazil are stark. Aside from the dates themselves, both these events signal serious declines in trust in democratic institutions.
In both instances, supporters overpowered police before entering capitol buildings, breaking windows, stealing items, and documenting their own crimes in the offices of elected legislators.
When capitol riots in the U.S. occurred, it was during the ceremonial certification of the election results and interrupted this important step before President Biden’s inauguration. On the other hand, in Brazil, President da Silva had already taken office nearly a week before. When demonstrators arrived, congress was not in session, nor was anyone within the buildings that Sunday.
Figure 3: Source: Flickr, The Pursuit Room; Bolsonaristas riot at the Brazilian capitol against federal police.
This distinction, while slight, is significant to note because, during the time of the riots in Brazil, the actual transition of power had already occurred. In the case of the U.S., the symbolism surrounding the counting of ballots represented a key component of the democratic transition.
Moreover, in the U.S., citizens only targeted the Congress building, while Bolsonaristas also attacked the presidential palace and Supreme Court. This aligns further with claims that Bolsonaro had made during his term about the Supreme Court conspiring against him.
Of most importance, and concern, is how federal police responded initially in Brazil. In the case of the U.S., many sources reported that security forces had been unprepared for such escalations, but in Brazil, channels to “invade Congress” had formed on the apps WhatsApp and Telegram. These channels had gathered tens of thousands of followers. Bolsonaristas had formed groups across the country with the intention of renting buses to the capitol for “violent anti-government action.”
Just as former president Donald Trump had attempted to undermine the legitimacy of the 2020 election result, so too had Bolsonaro engaged in making the same false claims over vote-rigging. Incidentally, Bolsonaro had come to be known as the “Trump of the Tropics” during his time in office. But false claims over vote rigging don’t end with these two heads, former aids, current politicians, and social media play a crucial role in fostering anti-democratic extremism.
Two years after the riots in the U.S., concerns over the legitimacy of Brazil’s election have been a contentious topic among far-right groups in the United States. These groups do not know anything about Brazilian politics, however, social media has connected the two continents to reinforce illegitimate beliefs about the accuracy of democratic processes.
Figure 4: Source: Yahoo Images, Sankt-Petersburg Russia November 11, 2017; Social media apps on a phone.
During the 2020 U.S. election, conspiracies over the voting machines manufactured by Dominion Voting Systems and Smartmatic had been extremely popular in supporting false claims of vote rigging. Now, these conspiracies have re-emerged but in the context of Brazil, circulating online and in far-right media, despite the fact that neither company’s products were used in Brazil. These lies have found their way onto Twitter, Facebook, Reddit, Truth Social, and Gettr (alternative platforms popular on the right).
During the Brazilian riots, Bolsonaristas held a banner that stated “We want the source code” in both Portuguese, the nation’s most spoken language followed by Spanish, and English. This is a direct reference to the conspiracies spread first in the U.S. further emphasized by the languages of choice.
Moreover, dating back to October, Steven Bannon, former Trump aid, has been drawing parallels between the Brazilian election and the U.S. on his podcast. Sites like The Gateway Pundit have published blogs the morning after the first round of elections in Brazil about “MASSIVE fraud” and Matthew Tyrmand, a conservative activist, has repeatedly pushed the idea that Smartmatic machines were used in Brazil to tens of thousand on Twitter and Gettr.
Incidentally, Bannon, who has also been pushing for supporters to run in local elections and become election workers and poll watchers, has developed close ties with Bolsonaro’s family.
According to Madeline Peltz the Director of Rapid Response at Media Matters, a left-leaning non-profit and media watchdog, “There’s a sympathetic audience for it in Brazil, and there’s certainly a sympathetic audience for it in the States. The building of a coalition between those two groups is really a win-win for Steve Bannon and the right-wing movement broadly.”
In Germany over a dozen were arrested in 2021 for planning to overthrow the government, while in Australia, the U.S.-centric conspiracies over machine-based voting fraud (even targeting Dominion again) had to be publicly debunked by the Electoral Commission.
In the end, far-right groups are taking inspiration in each other. Not from a shared set of goals or identities, but from their refusal to accept a candidate’s loss stemming from deep-seated anti-democratic stances. With social media to bridge distances and languages, it has become ever harder for governments to stop false election claims and silence the dangerous rhetoric of election deniers.
Democracy does not always equal or improve human rights. However, the values outlined in normative human rights frames overlap significantly with democratic governance. Democracy provides environments that are more likely to support human rights, as is the case with Articles 8 (right to national tribunals), 9 (arbitrary arrest), 10 (right to a fair trial), and 12 (arbitrary interference) in the Universal Declaration of Human Rights (UDHR) just to name a handful.
In countries with weak rule of law, government institutions, and corruption, there is a 30 to 45% increase in the risk of civil war and a higher risk of extreme criminal violence. Any country can suffer from one or more of these factors which then threatens the personal security of people and their human rights.
According to Freedom House, a non-profit that conducts research on democracy, human rights, and political freedom, the last 16 years have been marked by a democratic decline globally. For example, President Nayib Bukele in El Salvador has undermined democratic institutions designed to check executive power. In Peru, riots for the past five weeks have demanded the government disband the legislature and president in favor of new elections, and in the most extreme case, that the military step in to rule. As the youngest democracy in Latin America (restored in 2001), Peru has long suffered poor living conditions which have made the population steadily view the government as corrupt, ineffective, and unfair. In fact, a 2021 poll from Vanderbilt University found that only 21% of the population was satisfied with democratic rule.
Brazil is a young democracy, previously under a military dictatorship between 1968 and 1985. Considering Bolsonaro’s praise of military rule in office, and the attack on all three democratic institutions, the riots on Jan. 8th signal a larger issue 一 a rejection of the democratic results overall.
While citizens always have the right to self-determination, this does not give anyone the right to inflict harm on someone’s personal security or engage in violent acts. In a democracy, tides are always able to change, switching between ideologies and agendas based on the popular vote of the nation. In the case of Chile, violent demonstrations did prompt a constitutional rewrite, however, once this democratic process began the violence ceased and turned towards peaceful demonstrations.
As President da Silva begins his new term, he will be faced with many challenges to unite Brazil. However, he has already taken major steps in the wake of the riots, arresting hundreds in a single day, beginning an investigation, and removing individuals from security positions.
For us, we must remain committed to the values of human rights, recognizing the inherent dignity of everyone and continually striving for equity and equality. To do this, we must have faith in the governments that ensure us these rights, and in the cases that do not, we must organize peacefully, research and reach out, and live our lives by our belief in human rights.
To learn more and get involved, visit these sites and blogs below:
The night of Sunday, October 30th marked a great victory for leftists and supporters of Luiz Inácio Lula da Silva, the new Brazilian President, after a majority of voters chose to oust incumbent President Jair Bolsonaro. The election’s margins were close, with 60.3 million voting for Lula, compared to 58.2 million voting for Bolsonaro. This round of voting came after a fiercely contested first round, with neither candidate reaching 50% of the overall vote on October 4th, thus needing a second round with the top-two candidates. But with this election marking a shift to the left for Brazilian politics, what does this victory by Lula actually mean?
Goodbye Jair Bolsonaro
Bolsonaro diz que, se perder para Lula em 2022, só aceitará se “voto for auditável”. Source: Yahoo! Images
Jair Bolsonaro led Brazil from 2018 to 2022, through a platform centered largely on eliminating corruption and “putting an end to ‘old politics,’” using rhetoric similar to that of Donald Trump. Interestingly enough, many have actually called Bolsonaro as the “Trump of the Tropics,” and combined with that title came a desire of the Trump Administration to foster closer ties with Brazil.
Brazil under Bolsonaro’s Administration started with a shift in how pensions operated in the city, changing the retirement age for men and women from 56 and 53 to 65 and 62 respectively. Brazil also reduced the protections granted to the Amazon rainforest, leading to more instances of illegal logging and burning of trees. Despite the harm done to climate change efforts, President Bolsonaro promoted business interests instead, which also led to the displacement of indigenous populations in the region. The COVID-19 pandemic also showcased Bolsonaro’s reluctance to impose federal restrictions and aid state/local governments in imposing lockdowns, with the President himself downplaying the severity of the virus. Through Bolsonaro claiming to have benefitted from taking hydroxychloroquine (which does not treat COVID-19 in individuals) and raising doubts related to vaccinations, not to mention a lackluster response from the federal government, 15 million Brazilians contracted COVID-19 and more than 400,000 individuals died from the virus.
Welcome Back Luiz Inácio Lula da Silva
Lula será candidato em 2022, diz vice-presidente do PT”: | Política. Source: Yahoo! Images
da Silva, more commonly known as “Lula,” served as Brazil’s president from 2003 to 2010, and helped alleviate ~20 million Brazilians out of poverty. After leaving office with above an 80% approval rating (President Obama even called him the “most popular politician on Earth”), he then became part of an investigation into government bribes, leading to his imprisonment. In 2021 however, the Supreme Court threw out Lula’s conviction, noting that the judge “was biased in convicting Lula.”
With 50.9% of the total vote, Lula’s victory cemented a shift to the left for politics throughout Latin America, with leftist victories in Mexico, Columbia, Argentina, Chile, and Peru. Lula campaigned on making life better for Brazil’s poor, especially with the effects of the pandemic and inflation throughout Brazil. His election marks promises to increase the minimum wage, create jobs, and widen the already existing safety to aid more struggling Brazilians. His victory also came due to the deep unpopularity that Bolsonaro has throughout Brazil, given his actions and impact on Brazil’s standing on the global stage, combined with his selection of Geraldo Alckmin (his opponent in the 2006 presidential election) as his running mate. Lula’s victory also induced many celebrations throughout Brazil, and around Latin America, with Columbia’s leader, Gustavo Petro, also tweeting “Viva Lula.”
The 2022 Brazilian Election – Concerns and Protests
This election pitted an incumbent (Bolsonaro) with an ex-President (Lula), with both candidates attacking each other for the stances they have, calling each other corrupt or authoritarian-like. Tensions in Brazil are also at an all-time high because of President Bolsonaro’s attempt to cast “unsubstantiated doubt on the trustworthiness of Brazil’s electronic voting system,” combined with conspiracy theories from his supporters noting that career politicians were against Bolsonaro’s victory. Lula’s victory also symbolizes the start of a continued conflict between Lula’s leftist party and the opposition, with Lula facing many Bolsonaro supporters in Brazil’s Congress when creating and working to implement new policies.
Interestingly enough, Bolsonaro had not conceded to Lula following the election despite official results noting that he lost the election. This silence also comes with an increase in protests against Lula’s victory, especially from those working in the trucking industry. With many truckers supporting Bolsonaro’s policies starting fires and blocking off portions of a highway, election deniers / doubters have worked to cause chaos and disruption to the Brazilian economy in an effort to bring Bolsonaro back to the Presidency. In recent days, many supporters of Bolsonaro have called for blockades to be created around major industry centers, in an effort to “paralyze the country.” Despite the potential for more protests, many of Bolsonaro’s cabinet members and allies have accepted the results of the election, from televangelists to elected officials and judges in Brazil. And unlike similar occurrences of politicians refusing to accept defeat, Bolsonaro does not have as much political support to launch operations or coups.
Refusal to Concede
In his first public remarks post-election, Bolsonaro did not concede to Lula, while also noting that current protests come from a feeling of anger over a potential injustice being committed on the Brazilian population.
“The current popular movements are the fruit of indignation and a sense of injustice about the way the electoral process took place.” – Jair Bolsonaro
Despite this refusal to simply state his loss to Lula, Bolsonaro’s cabinet has moved into a transition process for the incoming cabinet. Even so, Bolsonaro has in recent months used language indicating some type of violence occurring were he to lose the Brazilian election. Combined with the fact that major Bolsonaro allies reside in the military raise even more concerns with which way administrators may turn when the transition of power officially happens.
Human Rights in Brazil
Brazil – Flag. Source: Yahoo! Images
Brazil under Bolsonaro had loosened gun regulations and opened up the rainforest to private developers. With President-Elect Lula, many hope to see protection of the Amazon Rainforest and protecting minority populations from women and LGBTQ individuals to indigenous populations and persons with disabilities. These initiatives by Lula will help to protect those most at risk while also helping Brazil recover from the detrimental effects of the COVID-19 pandemic, rising inflation, and a collision between left and right ideologies.
Other blogs point to Bolsonaro’s administration implementing policies that would only hurt the rich diversity in nature and the freedom of expression by all peoples, and it is through this election that hope for an egalitarian and environmentally-conscious government will serve the interests of the broader public, rather than serving the interests of the few through powerful and accusatory rhetoric.
Figure 1: Source: Yahoo Images; An abstract image of a group of individuals holding a sign that reads “Our Body = Our Choice.”
This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.
The History of the Abortion Rights Movement and Context Behind Roe V. Wade
Figure 2: Source: Yahoo Images; An image depicting a typical nuclear family structure that promoted “family values” of the Religious Right. A hard-working dad waves to his wife alongside his growing son as the housewife waves back dutifully.
Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.
Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.
What Overturning Roe v. Wade Would Mean
Figure 3: Source: Yahoo Images; An image depicting condoms and birth control pills, two contraception methods under attack as a consequence of overturning Roe v. Wade.
The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.
As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.
Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.
Figure 4: Source: Yahoo Images; A woman depicted behind bars. Overturning Roe v. Wade would criminalize abortion in certain states, and some states even have laws that would press felony charges on medical professionals who provide aid in the abortion process. These consequences disproportionately impact women of color.
The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.
The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans
Figure 5: Source: Yahoo Images; An image depicting women from an anti-abortion rally, holding signs that read, “Repent. Abortion is a sin against God,” with chalked outlines of fetuses occupied by women protestors.
The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy. This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.
Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.
Other rights that may be threatened by the overturning of Roe v. Wade
Figure 6: Source: Yahoo Images; Other rights under attack from the overturning of Roe v. Wade include LGBTQ+ rights like same-sex rights, and the right to contraception, and even challenge the livelihood of sex workers.
Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.
One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.
While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.
Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.
So, Where Do We Go From Here?
Figure 7: Source: Yahoo Images; A protestor holds a sign that reads,” A Woman’s Place is in the Resistance.”
Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.
On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.
Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.
Bhutan is often referred to as an idyllic Himalayan nation, a land of peace and prosperity, happiness, and beauty. After visiting Bhutan in 2017, I was even more fascinated, and truly began to understand why the small, neutral country has been dubbed a “real-life Shangri-La”. It is the only nation in the world to measure annual success by Gross National Happiness, rather than Gross Domestic Product. It is also the only country to have a carbon-negative footprint, with extraordinary levels of hydropower and renewable energy production and a zero-tolerance policy for industrial development. Bhutan is rapidly decreasing poverty rates and increasing the middle-class population. Government programs have made education and trade school accessible to most citizens who desire it. Bhutan has managed to remain neutral for hundreds of years with a minimal military presence despite being nestled between two conflicting superpowers, India and China. Citizens of Bhutan enjoy the state’s extensive social welfare programs and are enamored with the royal family that abdicated power to allow a peaceful transition to a democratic system.
In short, the nation seems like a true paradise, where culture and tradition are preserved with love and care, where nature is respected and upheld, and where one can pursue life to the fullest in a land of prosperity and opportunity. When I had the opportunity to travel through Bhutan, I was stunned by the gorgeous landscape, nation, and culture. I was welcomed with clearer air than I thought possible, a colorful landscape filled with trees and prayer flags, and adorable buildings constructed in traditional Bhutanese fashion. The people were so happy, and talked passionately about their country, royal family, and culture. There is a strong sense of nationalistic pride, and from everything Bhutan boasts, it seemed to be entirely deserved. Our guide taught us about local customs, Bhutanese Buddhism, traditional dress and building style, and masterfully escorted us through the most beautiful aspects of Bhutan and its culture.
It was only after leaving that I learned of human rights abuses Bhutan so carefully hides from tourists. Our state-sanctioned tour guide was an instrument in how this flawless reputation has been skillfully crafted, and the execution was so perfect that nothing felt staged while I was there. I enjoyed the country within an intricate veil of ignorance, unaware of the atrocities that no one is allowed to see.
Bhutanese children. Source: World Bank Photo Collection
Violations Exposed
Bhutan may appear to be a nation without error, but the country has perpetrated major human rights violations since the 1980s. For four decades, the United Nations, Freedom House and Human Rights Watch have consistently criticized and exposed Bhutan’s human rights violations. The nation is limited by strict libel laws and a culture that is unwilling to speak negatively on the king or his policies. While free speech is protected under Bhutan’s constitution, it is rarely practiced and this self-censorship is coupled with a flawed judicial system that harshly punishes those found to be committing the dangerously broad charge of libel. In 2016, a Bhutanese reporter faced libel fines of up to 10 years salary for critiquing a prominent businessman on Facebook. With penalties like this, it is no wonder that citizens of Bhutan do not dare criticize the crown, even though free speech is allegedly protected. Bhutan has been on a Human Rights Watch list since the 80s due to prolific persecution of ethnic minorities. While Bhutan has received credit for its positive changes since transitioning into a democracy in 2008, they still have a long way to go before they can be considered a free nation.
Bhutanese refugees. Source: Creative Commons
Ethnic Cleansing Pre-Democracy
The horrific treatment of the Lhotshampa people in Bhutan is the most atrocious human rights violation known to be committed by the Bhutanese government. The Lhotshampa people are Bhutanese residents with Nepali ethnic backgrounds, who have lived in Bhutan for generations but still speak a separate dialect and have a differing culture from the majority in Bhutan. In order to understand the current plight of Nepali migrants in Bhutan, we must understand a little bit of the once-neighboring nation, Sikkim. Sikkim was once an established monarchical state with most of its population being of Mongolian/Tibetan descent as Sikkimese, just like the ethnic Bhutanese. However, Sikkim faced a mass migration of ethnic Nepalis (of Hindu and Indo-Aryan descent) that caused the people of Sikkim to become a minority in their own nation. Sikkim fell as an independent state and was annexed by India in the 1950s, and the leaders of Bhutan have used the fall of Sikkim as a fear-inspiring example ever since. It is this nationalism and fear of losing sovereignty to one of the superpower neighbor states that has created such a widely supported systemic oppression of the Lhotshampa people in Bhutan.
Bhutan faced its greatest human rights violations in the 1990s, as strong nationalism and resentment towards the Lhotshampa people came to a boiling point. The refugees crossed the border with tales of an ethnic cleansing occurring in Bhutan, stating they were given mere days to sell their homes and were marched from rural villages to Nepali refugee camps. The government’s forces accompanied the refugees across the border with loaded guns and photographers, and according to a Lhotshampa teen interviewed by the Human Rights Watch, “[They] told me to smile…He wanted to show that I was leaving my country willingly, happily, that I was not forced to leave”. It is estimated that the total number of refugees produced in the 1990s was just above 100,000, which is absolutely astounding when we look at Bhutan’s current national population of 780,000. While Bhutan is often portrayed as a modern “Shangri-La”, the seemingly idyllic Himalayan country created more refugees per capita than any other nation in the world in our recent history. Of those 100,000 refugees, 85% have now been rehoused in the United States.
Bhutanese man with child. Source: Creative Commons
Democratic Safeguards Fail
Despite the nation peacefully transitioning towards a democratic state in 2008, the new government has continued the systematic harassment of the minority group, even increasing certain anti-Lhotshampa policies. While the Lhotshampa are no longer persecuted as openly as they were in the early 1990s, they still face significant discrimination within the nation their families have called home for generations. Out of countless treaties currently in existence to protect and defend human rights, Bhutan has only signed two. Bhutan signed the Convention on the Rights of the Child (CRC) in 1990, and many within the international community argue that Bhutan has violated the convention due to the large population of children within the persecuted Lhotshampa refugees.
Perhaps the most recent evidence proving such discrimination came with Bhutan’s new constitution in 2008, when Lhotshampa people discovered their citizenship was up for debate, and access to passports and documentation became determined by financial, marriage, or literacy status, which is very reminiscent of the second-class citizenship African Americans faced in the United States. Some of the limitations imposed upon Lhotshampas with these targeted passport systems are the inability to travel internationally, which is a blatant violation of both the right to Freedom from Discrimination and the Right to Movement established in the Universal Declaration of Human Rights. One of the brilliantly cruel aspect of the passport stipulations is that while Lhotshampa people may freely leave the country, it is extremely unlikely that they will be allowed to return. For many, a trip to visit neighboring India or Nepal is the termination of calling Bhutan their home. Essentially, the Bhutanese government made it abundantly clear that Lhotshampas are not welcome in Bhutan.
In addition, while there is no clear law preventing Lhotshampas from purchasing property or moving freely within Bhutan itself, it is extremely unlikely in practice that Lhotshampas will be able to secure property or livelihoods outside of specific regions that have become socially designated for them. Bordering nations like Nepal continue to host new refugees fleeing a land many consider to be peaceful, sacred, and free of worldly troubles. Lhotshampas have continued to cross the Nepali border to refugee camps since 2008 purely out of desperation from lack of work or freedoms in Bhutan. Websites like these provide some much needed insight into the current plight of the Lhotshampas, as well as what life is like for those still awaiting rehousing inside of their temporary refugee camps.
Refugees outside of a hut. Source: United Nations
How to Help
In order for change to be made, Bhutan needs continual pushes from the outside world. By spreading the true story of the Lhotshampa people and looking for ways to get involved, you are directly contributing to decades old efforts to ease the horrors they face. Creating action on any level is an excellent way to assist the Lhotshampa people and refugees like them. If you would like to donate or volunteer to assist Lhotshampa refugees, there are countless local and international efforts that will put anything you can give to great use. Reputable non-profits like Sewa USA use funds to provide necessities, transportation and employment help for Bhutanese refugees in the United States, and the World Food Programme uses donations to provide food and resources to Lhotshampas still displaced in refugee camps. Ultimately, resource-based aid is an excellent way to assist those who have been cruelly displaced and discriminated against, but only international pressure for domestic changes within Bhutan will be able to stop the persecution and prevent any more Lhotshampas from becoming refugees.
A kisaan in his khet, or field. Source: Yahoo Images.
You may have heard or seen news about the ongoing farmers’ protest in India right now. This protest was sparked by three bills that were adopted by the Indian government in September 2020. These three bills primarily place the livelihood of these farmers from the state of Punjab at the mercy of corporations. The privatization of the agricultural economy will surely benefit the Indian government, but the farmers will suffer greatly since corporations will purchase their crops at a much lower rate, leading to generational debt which has already led to farmer suicide in India. To prevent the exploitation of their livelihood, the kisaans (“farmers”) have set out on a protest, the highlight of which has been their march from Punjab to Delhi, India’s capital. The Indian government, led by Prime Minister Narendra Modi, has not reciprocated the farmers’ concerns with any form of sympathy. Rather, senior leaders of the Indian government have called the protestors “anti-nationalist” and “goons.” Such a reaction from the government is not unusual for the Sikh farmers who have been the target of persecution by the Indian government multiple times in the past.
Historical Context
In the 1970s and 1980s, Punjabi Sikhs held similar views in regards to the Indian government’s support for agriculture, an industry which has always been essential to the Indian economy and still is with 60% of the Indian population reliant upon farming for its sustenance. Unfortunately, the Indian government reacted the same way it is in 2021 – by labeling the protestors anti-nationalist. Additionally, the government launched a series of egregious human rights abuses consisting of attacks on the Punjabi population in the 1980s, attacking the Golden Temple of Amritsar in June of 1984, launching a state-sponsored pogrom in November of 1984, and extra-judicial killings in the following decade. What is worse is that the Indian government has never acknowledged nor apologized for these events, giving the people of Punjab a reason to have grievances towards the government.
But the state of Punjab is not the only population that has been the prey of India’s ongoing human rights abuses. The rise of right-wing authoritarianism in India coincides with the ascension of Narendra Modi to the role of Prime Minister; Modi himself took part in genocidal violence in 2002 while presiding over Gujrat’s anti-Muslim pogroms as chief minister of the state. Though the current protests are pogroms, the Indian government has acted in an undemocratic manner with its press censorship, journalist detention , and violent crackdowns on the non-violent protestors.
Protestors took over the Indian capital of Delhi, demanding their rights. Source: Yahoo Images.
What do the farmers want?
Farmer unions and their representatives have asked that the three farm acts passed by Parliament be repealed; they will not settle for anything less. The government proposed an 18 month delay of the laws to give the farmers time to adjust, which was also rejected. Between October 14, 2020 and January 22, 2021, eleven inconclusive rounds of talks have taken place between the government and union representatives. The farmers even suggested overthrowing the government on February 3, 2021 if the laws are not repealed.
The reasoning for the farmers’ escalating anger is two-fold: one, the human rights abuses the Indian government is inflicting on the non-violent protestors, including tear gas; and two, the failure of the Indian government and leaders to cooperate with the unions. To peacefully protest a set of acts is well within the rights of a people belonging to a democratic nation, but it is not the right of the government to respond to peace with violence and neglect the concerns being voiced by its people. That is not what a democracy is.
On the first of February, the military of Myanmar, also known as Burma, staged a coup to overthrow the democratically elected government of Aung San Suu Kyi. The armed forces had backed opposition candidates in the recent election, which Suu Kyi’s National League for Democracy party won in a landslide. Since the coup, Suu Kyi has been arbitrarily detained, supposedly for possessing illegal walkie-talkies and violating a Natural Disaster law. Suu Kyi was previously detained for almost fifteen years between 1989 and 2010, although she continued to organize pro-democracy rallies while under house arrest. The military has stated that they are acting on the will of the people to form a “true and disciplined democracy” and that they will soon hold a “free and fair” election, after a one-year state of emergency.
The military leader, Min Aung Hlaing, is currently in control of the country. Hlaing has been an influential presence in Myanmar politics since before the country transitioned to democracy and has long garnered international criticism for his alleged role in military attacks on ethnic minorities. There is significant cause for concern that a government under Hlaing will impose repressive anti-democratic laws, and more Islamophobic and ultra-nationalist policies.
Min Aung Hlaing / Getty / Fair use.
Since the 1970s, Rohingya Muslims in Myanmar have suffered from large-scale and orchestrated persecution. Myanmar’s official position, including under the Suu Kyi administration, has been that Rohingyas are illegal immigrants and thus are denied citizenship. In 2016, the military, along with police in the Rakhine State in northwest Myanmar, violently cracked down on Rohingyas living in the region. For these actions, the Burmese military has been accused of ethnic cleansing and genocide by United Nations agencies, the International Criminal Court, and others. The United Nations has presented evidence of major human rights violations and crimes against humanity, including extrajudicial killings and summary executions; mass rape; deportations; the burning of Rohingya villages, businesses, and schools; and infanticide. A study in 2018 estimated that between twenty-four and thirty-six thousand Rohingyas were killed, eighteen-thousand women and girls were sexually assaulted, and over one-hundred-sixteen thousand were injured (Habib, Jubb, Salahuddin,Rahman, & Pallard, 2018). The violence and deportations caused an international refugee crisis which was the largest in Asia since the Vietnam War. The majority of refugees fled to neighboring Bangladesh, where the Kutupalong refugee camp in Ukhia became the largest of its kind.
Aung San Suu Kyi has not been immune to criticism for her inaction during the genocide, with many questioning her silence while the military carried out gruesome crimes. Suu Kyi also appeared before the International Criminal Court of Justice in 2019 to defend the Myanmar military against charges of genocide. Regardless, she is a Nobel Peace Prize laureate who enjoys broad support from the people of Myanmar, and there seems to be very little legitimate justification for her removal from power. Protests in response to the coup have grown rapidly since early February, with the BBC calling them the largest in Myanmar since the 2007 Saffron Revolution.
The United Nations Human Rights Council met in special session in mid-February to discuss the coup, recommending targeted sanctions against the leaders. Deputy UN High Commissioner for Human Rights Nada al-Nashif and Special Rapporteur Tom Andrews argued that action taken against the coup’s orchestrators would not hurt Myanmar’s already vulnerable population. They urged the United Nations to take action to replace Min Aung Hlaing and the rest of the military leadership in a broad restructuring that
Protestors in Yangon / Hkun Lat / Getty / Fair use.
would put the military under civilian control. There is an increasing sense of urgency from human rights bodies due to troubling information getting out of the country, despite repression of the media by the military junta. Reports have started to come to light of live ammunition and lethal force being used against protestors and several protestors have been killed. In addition, over two-hundred government officials from Suu Kyi’s administration have been detained, with many being “disappeared” by plain-clothes police in the middle of the night. The UN has long been critical of the Myanmar military, with Deputy UN High Commissioner for Human Rights Nada al-Nashif recalling the Human Rights Council’s 2018 report which stated that the “[military] is the greatest impediment to Myanmar’s development as a modern democratic nation.” The Burmese military has functioned for over twenty years with impunity, benefiting from virtually non-existent civilian oversight and disproportionate influence over the nation’s political and economic institutions.
On February 27, the military removed the nation’s UN Ambassador from his position.
Kyaw Moe Tun / Twitter.
Ambassador Kyaw Moe Tun had on the 26th denounced the coup as “not acceptable in this modern world” and asked for international intervention by “any means necessary” to end military control. Special Rapporteur on Myanmar Tom Andrews called Moe Tun’s speech a “remarkable act of courage”. Ambassador Moe Tun’s unexpected speech reinvigorated the protestors on the ground, who have faced steadily more intense crackdowns from the government forces. “When we heard this, everyone was very happy, everyone saying that tonight we are going to sleep very happily and encouraged,” Kyaw Win, executive director of Burma Human Rights Network said, “These are peaceful protesters, civilians. And they are standing up against a ruthless, brutal army. So you can see that without any international intervention or protection, this uprising is going to end very badly.”
International response to the coup has been varied. UN Secretary-General Antonio Guterres called it a “serious blow to democratic reforms”, while the United States and United Kingdom have sanctioned military officials. US Secretary of State Blinken issued a statement saying “the United States will continue to take firm action against those who perpetrate violence against the people of Burma as they demand the restoration of their democratically elected government.” On the other hand, China blocked a UN Security Council memorandum criticizing the coup, and asked that the parties involved “resolve [their] differences”, while Myanmar’s neighbors Cambodia, Thailand, and the Philippines have characterized the coup as an “internal matter”.
On Tuesday, February 2, the Institute for Human Rights at UAB welcomed Dr. Robert Blanton, Professor and Chair of the Political Science and Public Administration Department at UAB, to our second Social Justice Café of the semester. Dr. Blanton facilitated a discussion entitled “Biden’s Human Rights Agenda.”
Dr. Blanton initiated the conversation by stating that the 2020 election of Joe Biden is a “welcomed return to hypocrisy [as it pertains to human rights in the United States].” The return to hypocrisy represents the reality of political figures making promises, and then failing to turn those promises into human rights policy. The very notion that President Biden has presented a Human Rights Agenda is a staunch contrast when compared to his predecessor’s lack of clear and defined Human Rights protective goals. Dr. Blanton suggested that President Donald Trump was not a hypocrite in regard to his approach to Human Rights. President Trump simply didn’t make attempts to address Human Rights violations domestically or internationally.
In an interview with the New York Times, then former Vice-President Joe Biden stated, “When I am president human rights will at the core of US foreign policy”. Dr. Blanton finds the President’s continued foreign policy rhetoric surrounding international and domestic issues to be interesting, and he cautioned participants to pay close attention to how human rights violations will be addressed within President Biden’s first one hundred days in office. Following this statement participants began discussing specific Executive Orders signed by President Biden that are innately Human Rights focused. Participants discussed the outcome of the Bostock Case and how President Biden’s decision to reinforce this Supreme Court decision with an Executive Order is a promising sign of the President’s commitment to preserving Human and Civil Rights. The Bostock Case prohibited employers from discriminating against employees on the basis of sexual orientation. Participants then suggested other topics they felt needed further attention from the Biden Administration, such as systemic racism, xenophobia, and COVID-19 response.
Moving forward, one participant was curious if “legislation would be passed in relation to women’s rights to reproductive health?” This discussion centered around how we classify issues within the United States and how this classification affects the seriousness and legitimacy of an issue. The participants came to the conclusion that women’s reproductive rights could potentially receive more congressional and national support if it is framed as a domestic and international health issue rather than a human rights issue. Dr. Blanton was adamant that the manner in which we categorize issues is a major factor in whether or not those issues receive solutions.
When further discussing how policy is enacted within the United States, one participant noted that “local cities and NGO’s often make larger impacts in the fight for social justice. How important is it that we [American citizens] have a Presidential administration?” A large majority of participants appreciated this question; however, they agreed that within the confines of the United States Constitution the continued election of an executive president is necessary to the maintenance of the country as a whole. Some felt the issue of private prison regulation would be best handled by the executive office. In response Dr. Blanton stated, “Private prisons exhibit overt violations of human rights” and that he did not disagree that private prison regulation should have a place within President Biden’s Human Rights Agenda.
In his final remarks, Dr. Blanton offered this quote: “Presidents are victims of events.” His point was that Joe Biden’s presidency will be governed according to the trials and complications his administration will unquestionably face within the next four years. President Biden’s administration will have to make a conscious effort to not allow the events of the world to overshadow their Human Rights Agenda.
Thank you, Dr. Blanton, and thank you everyone who participated in this stimulating discussion.
To see more upcoming events hosted by the Institute for Human Rights at UAB, please visit our events page here.
In November 2020, India saw the largest protest in world history with tens of thousands of farmers and more than 250 million people standing in solidarity. For the past six months, India’s farmers have been protesting and striking against three agricultural bills that were passed last September. Until recently, the government has refused to listen to the demands of farmers and agricultural unions, and instead met them with force and police brutality. On January 26, India’s Republic Day, tensions between the government and the protestors heightened. This led to peaceful protests turning violent when the farmers that were hosting a rally in India’s capital, Delhi, stormed the city’s Red Fort. Here they were met with police that were armed with tear gas, batons, and assault rifles; as a result of this violence approximately 300 police officers were injured, one protestor died, more than 200 protestors and eight journalists were detained. Violence on this day, subsequent suppression of the press by the government, and internet cuts and shutdowns in areas surrounding protests led to activists like Rihanna, Greta Thunberg, and Meena Harris using their platforms to call global attention and aid to the situation.
Source: Rihanna (Twitter)
What led us here?
In September, India’s Parliament passed three agricultural bills that loosened the rules around the sale, pricing, and storage of farm produce with the support of Prime Minister Modi. Modi and the government claim that these pieces of legislation will benefit the farmers as they will have more control and freedom of trade over their produce; these laws allow online and interstate trading, enable farmers and buyers to enter exclusive contracts, and finally limit the government’s ability to regulate these products. The farmers, however, disagree. They argue that this deregulation will allow corporate buyers and private companies to drive down the prices and exploit the sellers due to increased competition in supply. This, compounded with the bill that involves the removal of government imposed minimum prices, is detrimental to the health and livelihood of the farmers and their families. India already suffers from record numbers of farmers suicides, and there is increased fear that these new bills further drive this suicide epidemic. The number of these deaths are thought to increase even more after these bills are passes and reach an all-time high.
Source: Randeep Maddoke (globalvoices.org)
What do the farmers want?
The farmers are demanding a complete repeal of the three bills that were passed in fear of corporate exploitation. They say they were already struggling to make ends meets under the protection of the government, but now with an open market with minimal regulatory support, the farmers are afraid that they won’t be able to survive and will be in poverty (if they weren’t already). In turn, the government has failed to address these demands until recently, but now allude to possible compromises, albeit unsatisfactory attempts in the eyes of the farmers.
More recently, however, India’s Supreme Court has suspended these bills in early January, and has ordered a committee to look into the grievances of the farmers and the lack of negotiations on behalf of both the protestors and the government. Chief Justice Bobde released a statement saying, “These are matters of life and death. We are concerned with laws. We are concerned with lives and property of people affected by the agitation. We are trying to solve the problem in the best way. One of the powers we have is to suspend the legislation.”
Farmer unions addressed that they would not participate in any committee processes, as the committee members have previously shown bias to how the agricultural bills were pro-farmer (when they were not). The farmers said they continue with their protests and planned to hold a rally in Delhi on India’s Republic Day on January 26 unless the laws were repealed in the meantime. The Supreme Court’s decision is both a gift and a curse. One on hand, the Court has been widely favorable to Modi’s agenda and policies in the past so this decision is a setback to the Prime Minister, but on the other hand, this decision to suspend the law allows the government to wrestle its way out of negotiations with the farmers without appearing to do so.
Source: Randeep Maddoke (globalvoices.org)
What’s going on now
As of January 20, the government has said that they are willing to suspend the new legislation for up to 18 months to two years, but the farmers have rejected this as it does not meet their demands. The government requested the protesting farmers design a proposal regarding their objections and suggestions to the laws to bring to their next table of negotiations. What’s interesting is that the supporters of the agri-legislations claim that the farmers do not understand the laws which the farmers refute and claim that these laws do not support their labor suggesting the real issue is “over the rights and treatment of agricultural workers.”
Following the violence and brutality on Republic Day, internet shutdowns and cuts by the Ministry of Home Affairs, as well as suppression of the press, individuals and protestors as they clash with the police has been rampant in areas surrounding Delhi. These blackouts should’ve been lifted by now, but protest organizers have said that in some areas the internet was still not working leading to concerns over democracy. While the Indian government argues that this shutdown is necessary to “for public safety” and to curb “the spread of misinformation,” people’s right to expression and communication is being actively and purposefully hindered. As a human rights crisis, the economy suffers, the press struggles to get the news out, children are not receiving the best resources at education their schools have to offer, and those who need emergency services are not getting it or the aid is greatly delayed.
India is the world’s most populous democracy, but it is also a world leader in internet shutdowns. This is not the first time this has happened. The Indian government imposed a blackout in Indian controlled Kashmir after the removal of Kashmir’s autonomy in 2019 as well as another shutdown in areas of New Delhi after protests regarding a controversial and discriminatory citizenship law against Muslims. As the world’s most populous democracy, it’s incredibly concerning to see the suppression of press freedom under the guise of public safety. With no further days set to talk about negotiations in light of recent events, there seems to be no end in sight for these protests. As the new farming season begins in March, farmers may choose to hold on to their demands as a show of strength and unity instead of going back home, and it might be the final domino needed to trigger systemic change in agricultural labor.
Until recently, media in the U.S. has been quiet regarding the protests. Educate and share information about the largest protest we’ve seen, as well as on agri-workers rights and treatment.
Dr. Jill Biden. Source: Center for American Progress. Creative Commons.
On December 11th, a Wall Street Journal article was released critiquing the future First Lady’s, Jill Biden, use of the label “Dr.” The author stated that the “Dr.” in front of Dr. Biden’s name is fraudulent because it represents her doctorate in education instead of representing Dr. Biden as a medical doctor. The author also states that the title of a PhD or EdD (Doctorate in Education) might have once held prestige due to the rigor of past post-graduate programs, but no longer could be considered prestigious. As a daughter of four proud PhD holders, two of which who have PhDs in education, I found this article incredibly ignorant and insulting. However, I was most struck by the blatant encouragement of the double standards placed on women, especially women in politics.
In 2020, only 23.6% of the United States Congress is composed of women. That is 126 women out of the total 535 Congressional members, with 105 of the women represented by the Democratic Party and 21 represented by the Republican Party. To further break this down, 25% (or 25 members) of the Senate are women and 23.2% (or 101 members) of the U.S. House of Representatives are women. The lack of women representation in United States politics is shocking, especially considering the amount of women’s health and rights legislation is debated upon in the government each year. It is evident that there is a significant lack of women in the political field and those few women who have managed to succeed in such a male dominated sphere face intense scrutiny and misogyny from insiders and outsiders alike.
This fact is highlighted by many women in politics, but especially the experience of Hillary Clinton in the 2016 presidential election and then Elizabeth Warren in the 2019 democratic party runoff. In 2016, Clinton made history by becoming the first woman to win a major party’s nomination. The reactions to her nomination were blatantly sexist. While there were many objections to the policies proposed by Clinton, a primary objection to her presidential bid was her “lack of likeability.” Her supporters were described as “disconnected” and “unlikable.” She was often compared to Massachusetts senator Elizabeth Warren, a woman who, in 2016, was considered a much more likeable alternative to Clinton. Two years later, during Warren’s presidential bid, many of the characteristics applied to Clinton in 2016 were applied to Warren.
Former First Lady Michelle Obama was the subject of media and political scrutiny during and after her husband’s presidential terms. While Obama headed many interesting initiatives during her time as first lady, much of the criticism was focused on her looks and likeability. Even worse, the criticism appeared to be levied towards her identity as a woman of color. Obama has been called by prominent politicians and media outlets alike an “ape in heels,” a “gorilla face,” and a “poor gorilla.” She was said to not have the “look” of a first lady and thought to weigh too much to care about the health of the country, in direct response to her campaign to help the United States exercise more and eat healthier. In a similar fashion, she was criticized for eating too much and not supporting dessert. One person even stated that she had no business, as First Lady, being involved in such things as the health of Americans.
First Lady Michelle Obama. Source: Tim Pierce. Creative Commons.
The criticism of women in politics is not just levied toward Democratic politicians. In October 2020, tapes of a secret 2018 recording of Melania Trump were released. In these tapes, Trump expressed frustration in the double standard placed on women in the White House. At the time the recordings were made, Trump was expected to work on the White House Christmas decorations, decorations that were later mercilessly mocked on social media platforms and media outlets. However, she was also being criticized for President Trump’s policy regarding the separation of families. Trump’s frustration is over the expectation placed on her, and other First Ladies, to prepare and organize the Christmas decorations for the White House, an arguably trivial thing to the general public.
Vice President Kamala Harris. Source: Gage Skidmore. Creative Commons.
The political field has proven to provide some of the most difficult boundaries for women. As of 2020, the United States has continued to fail in electing a woman president. The media has continued to be more interested in the fashion habits and likeability factor of prominent female politicians instead of their support or lack thereof of pieces of legislation. There have been great strides for women despite the many challenges. Yesterday, Kamala Harris became the first woman vice president in United States history. She is also the first person of color in the position as well. Today, we celebrate VP Harris and the women on whose shoulders she stands. While we recognize these achievements, we continue to call out the sexist tendencies that persist in media and in the political sphere, and we continue to work towards the day when women are represented equally in these spaces.
In 2015, the Law and Justice Party (PiS) became the majority in the Polish Parliament alongside the presidency for the first time since 2007. The Law and Justice Party is a right-winged populist party that has faced ongoing controversy and scandals since its formation in 2001. The Law and Justice Party began as a center-right party with an emphasis on Christianity. The party began forming coalitions with far-right parties in 2007, which positioned its ideology closer towards nationalism and populism. During the last few years support dwindled for the PiS; however, their messages calling for family unity and Christian values have appealed to deeply religious sectors of the country. A country that is trending towards nationalism and populism risks violating the rights of those that the nation deems as “other”. By establishing a national identity, particularly around religion, they are also establishing those that do not belong to the national identity. This carries the risk of isolating and ostracizing individuals.
Protestors march for LGBTQ rights in Warsaw (Source: Creative Commons)
The Close Relationship Between Religion and Government
The Polish identity is tied very closely to Catholic beliefs and practices. Around 87% of Polish people identify as Roman Catholic. In Poland Catholic values are taught in public schools, over ⅓ of Polish citizens attend church regularly, and the Polish government has an intense working relationship with the Catholic Church. Public ceremonies are often held with the blessings of priests, and church officials often act as a lobby group having access to large amounts of public funding. Priests in the countryside of Poland often campaign for members of the more conservative party who support legislation that aligns with the ideals of the Catholic Church. This close relationship is criticized because of the archaic and often divisive legislation that the Church tends to support. The Catholic Church’s alignment with the government will inevitably ostracize those who are not Catholic as well as those who live their life in a way that the Catholic Church condemns. The issue is at a governmental level, this allows for discriminatory policy to be passed.
President Duda and the 2020 Elections
The support of the Catholic Church was paramount in the Law and Justice Party candidate winning the 2020 Presidential election. President Duda, the PiS candidate, narrowly won re-election after a very divisive campaign against the progressive Mayor of Warsaw. President Duda exploited negative rhetoric citing LGBT ideology as being more destructive than Communism. Poland’s history of Union of Soviet Socialist Republics (USSR) occupation accompanied with this rhetoric led to the success of President Duda in the 2020 Presidential election. PiS members and Catholic Clergymen asserted LGBT values as being in opposition to family values and sought to associate the LGBT community with pedophilia. President Duda’s narrow win ignited mass unrest spreading throughout Polish cities as progressives viewed his win as a step back for LGBT rights in Eastern Europe.
President Duda of Poland meets with President Trump of the United States (Source: Creative Commons)
LGBTQ Free Zones
Anti-LGBTQ rhetoric did not begin in the 2020 Polish elections. Over 100 towns and regions around Poland have declared themselves LGBTQ Free Zones since 2018. These declarations are largely symbolic; however, they have further divided the country and suppressed the LGBT community. LGBTQ free resolutions have been pushed by the Catholic Church and politicians across Poland. Protests against these zones have resulted in mass countermarches of right-wing Poles that have ended in violence. The LGBTQ community has continued to face oppression from their government and these zones just serve as a way to further disenfranchise them.
“Stop Financing LGBT+” Sign hanging outside a building in Warsaw (Source: Creative Commons)
The future of Poland is unknown, and it is clear the Polish government has become increasingly populist and nationalistic. Public figures are using rhetoric that divides the general population from “western elites” and activists within their country that seek to strive towards more encompassing human rights. Polish activists are fearful of future legislation that will further violate human rights. International human rights activists, the United Nations (UN) and European Union (EU) have all attempted to pressure Parliament to pass legislation showing outward support of the LGBTQ community. Polish officials responded claiming LGBTQ people have equal rights in the country and organizations should instead focus energy on Christian discrimination taking place internationally. As part of the international community, we can demonstrate our support for the people of Poland by staying up to date on what is happening there. It is also important to create dialogue around the issues in Poland which can include everything from social media posts to organizing events that bring awareness to the situation.
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