Haitis political challenges can be traced back to its revolutionary past. Following independence, the country faced the daunting task of establishing a functional government amid the ruins of colonial rule. The unmountable debt given to the Country of Haiti from its former colonial power, France, coupled with internal power struggles, set the stage for a volatile political environment that persists.
Haiti has a long history of corrupt leaders, the most notorious of whom were Francois Duvalier, also known as Papa Doc, and his son Jean Claude-Duvalier (Baby Doc), who ruled the country from the 1950s to the 1980s. The Duvalier family was known for its extravagant spending and mishandling of Haiti’s funds. Their regime was characterized by authoritarianism and totalitarian rule, and they used techniques such as extortion, repression, and embezzlement of government funds to maintain their grip on power.
Following the reign of the Duvaliers in Haiti, the country became even more susceptible to natural disasters, especially earthquakes and hurricanes, which further increased its economic vulnerabilities. The devastating earthquake that occurred in 2010 drew attention to the precariousness of Haiti’s infrastructure, leading to widespread destruction and loss of life. The subsequent challenges in rebuilding efforts imposed additional strain on the nations already fragile economy, further impeding its capacity to provide essential services and support its citizens. The earthquake has left many citizens, even years later, without stable housing or work.
Since then, Haitis government has experienced numerous periods of political instability, marked by changes in leadership, coup d’états, and challenges to governance structures. Frequent government changes have hindered the establishment of long-term policies and sustainable development initiatives.
Armed soldiers running away from protestors. Credit: Richard Pierrin/Getty Images
Present Crisis
Civil unrest was ignited in Haiti in 2018 when the government announced its intention to eliminate fuel subsidies. The situation was further exacerbated by several contributing factors, including the misuse of loans from Venezuela, social inequality, substandard living conditions, and, well into 2020, the poor management of the COVID-19 pandemic. President Jovenel Moïse faced criticism for seeking to extend his term amid allegations of police brutality, human rights abuses, and violence against protesters. Following Moïses assassination in 2021, the country’s period of crisis has only been exacerbated.
The country has been overrun with gangs and has excelled to new levels, with the gangs taking over and now moving into the country capital, Port Au Prince, a prison near the country capital, and letting out 4,000 prisoners. Many of the country cities were already not safe due to brutal violence such as sexual assault and killings happening daily. Two hundred thousand plus citizens have been displaced from their homes due to the escalating violence. Haiti is home to over 4 million citizens, but the number of police in the country is around 13,000. This massive imbalance of police to citizens has made it very hard for Haitis Political Officials to establish any order within the country.
A white building with domed roofs and a green gate. Credit: Wikipedia
State of Emergency
Haiti declared a State of Emergency on March 3rd, The United States evacuated its Embassy, and the Regional leaders of the Caribbean Community and Common Market (CARICOM) held an emergency summit to discuss the Haiti crisis and establish a framework for a stable political transition. Furthermore, the President of Guyana, Irfaan Ali, commented on the meeting and let it be known that at the summit, plans were agreed upon to create a 7 to 9-member transitional government comprised of Haiti’s major political parties. The council will be in place and responsible for selecting a new prime minister. Recently, According to NBC News, the council has stated that its creation is almost complete. The group hopes to restore Haiti and put it back on the path to legitimate democracy.
According to Al Jazeera, over 200 gangs are operating in Haiti, with two of the most extensive coalitions claiming Port-Au-Prince as their territory. The most infamous and the one who is making news waves is the leader Jimmy “Barbecue” Cherizer of the G9 gang, a former Haiti police officer who has been pushing for the resignation of Haiti Prime Minister Ariel Henry, whom former President Moise appointed. As of March 12, 2024, at the height of the violence and within days of the country calling for a state of emergency, Prime Minister Ariel Henry announced that he would be stepping down and “leave immediately after the inauguration of a new council.” However, Jimmy Barbecue does not like the idea and will resist the implementation unless he is given a seat at the council table. He has stated that the corruption of the “traditional politicians” has not done Haiti any good and are the ones “damaging the country.”
Since the state of emergency was announced the United Nations has estimated that 53,000 Haitians have fled the capital of Port-Au-Prince in March. Also, 1.64 million men, women, and children are facing severe acute malnutrition due to the rise of gang violence has only exacerbated the crisis. The percentage of those who rely on humanitarian aide for food has only increased. Before the crisis, Haiti’s urban and rural communities had long relied on their city and town markets, which are sustained mainly by the work of Madan Saras, the women of Haiti who buy, distribute, and sell food and other essentials in these markets, serving as the lifeline of the communities. Still, unfortunately, they have become targets for gang violence, especially in recent times. The gangs seek to assert their power over the towns, and thus, the markets have become a hotbed of criminal activity, which has contributed to the decimation of Haiti’s economy. This is just one example among many of the challenges the people of Haiti face.
A group of people holding a flag. Credit: Guerinault Louis / Anadolu via Getty Images
Path of Uncertainty
Still, despite the council’s creation, a finalized plan has yet to be developed to assure Haiti and its citizens of a peaceful and stable environment. Kenya’s plans to assist the country and bring in military aid have been stalled, and the country’s future is uncertain. The government has been distressed for many years, and the plan to restore stability will require continued effort.
Several organizations are assisting the people of Haiti in the amid unrest. Here are a few of them:
The region of West Papua has been plagued by a complex web of struggles and injustices that have left indelible marks on its society. These issues are deeply rooted in the region’s colonial past and have been compounded by ongoing struggles for self-determination, discrimination, and egregious human rights abuses. The people of West Papua continue to grapple with the multifaceted challenges posed by these historical injustices, and their struggle for justice and equality remains ongoing.
The Challenges of Self-determination
The Act of Free Choice that took place in 1969 was a significant event in the history of West Papua. At the time, the territory was under Indonesian rule, and a process was initiated to determine the status of West Papua. The process was organized under international pressure but lacked genuine representation and transparency. The participating representatives represented only 1 percent of the West Papuan population, and there were allegations of coercion. The Act of Free Choice has been a lasting source of frustration for West Papuans. It was seen as a profoundly flawed process, symbolizing a profound historical injustice. The vote was conducted in a minimal scope, with only 1,022 handpicked representatives voting. These representatives were pressured to vote in favor of Indonesian rule, and there were even allegations of torture and intimidation. The Act of Free Choice has been a contentious issue ever since. Many West Papuans believe that the process was rigged and that they were denied their right to self-determination. The vote was not conducted fairly and transparently, and the outcome was predetermined. The legacy of the Act of Free Choice continues to resonate, and it remains an important issue for West Papuans seeking justice and recognition.
The Flag of West Papua. A flag with blue and white strips with a red stripe and a star.
Marginalization and Discrimination
Indigenous Papuans have faced systematic discrimination, resulting in stark socio-economic disparities. Unequal access to education, healthcare, and economic opportunities has entrenched a sense of disenfranchisement. Policies favoring non-Papuan migrants further contribute to marginalization exacerbating tensions and perpetuating historical injustices that affect the fabric of Papuan society. Al Jazeera News, reports that the government of Indonesia created a transmigration program that has been moving others from around the country to the Indigenous West Papuan lands, forcing them out of their own.
Cultural suppression in West Papua has taken various forms, and one of the most prominent ones is the restriction placed on indigenous languages and practices. The Indonesian government’s imposition of a dominant Indonesian culture over the diverse cultural landscape of West Papua is perceived as a significant threat to the rich tapestry of Papuan cultural identity. As a result, the Papuan population has been resisting attempts to assimilate them into a broader Indonesian identity for decades.
Recognizing and preserving West Papua’s unique cultural heritage cannot be overstated. The region is home to over 250 distinct indigenous groups, each with its language, customs, and traditions. The suppression of these cultures has had a severe impact on the Papuan people, leading to a loss of cultural identity and a sense of dislocation. Despite the challenges, there are ongoing efforts to preserve and promote Papuan culture. Organizations such as the Papuan Hope Language Institute are working to document endangered languages, while others are advocating for the recognition of customary laws and practices. These efforts are crucial in ensuring that the rich cultural heritage of West Papua is preserved and remembered.
A group of people holding a banner. Credit: Wikimedia Commons /Nichollas Harrison.
Exploitation and Economic Disparities
West Papuan natives argue that they have not received proportional benefits from economic activities, particularly mining and logging. Military operations that displace indigenous Papuans pave the way for extractive industries and Indonesian settlers, which exacerbates instability and makes it difficult for people to work and earn a living due to the constant threat of violence.
The United Nations human rights experts have been advocating for access to the area to investigate reports of human rights violations. The Office of the High Commissioner on Human Rights estimates that between 60,000 and 100,000 people have been internally displaced since 2018. West Papuans have experienced racism ranging from common insults such as “monyet,” meaning monkey, to active discrimination, limiting their business opportunities and making them feel like second-class citizens. Environmental degradation further exacerbates their struggles and negatively impacts traditional livelihoods. Addressing these economic imbalances is crucial to promoting sustainable development and redressing historical injustices in the region.
Movements and Resistance
The Indonesian government’s actions have increased military presence in the region and led to the emergence of West Papuan movements such as the National Committee for West Papua(KNPB) and the Free Papua Movement (Organisasi Papua Merdeka or OPM). The OPM advocates for independence, which has led to occasional violence and clashes between pro-independence groups and the Indonesian military.
Reports of human rights abuses by the Indonesian security forces have been persistent in West Papua. Violence, extrajudicial killings, arbitrary arrests, and restrictions on freedom of expression and assembly contribute to a climate of fear. The systematic nature of these abuses underlines the urgent need to address human rights concerns as an integral part of rectifying historical injustices in the region. Since the annexation of West Papua in the 1960’s, over 100,000 civilians have been killed in the indigenous land. The most known tragedy was the Biak Massacre in 1998, where tensions between the West Papuan people and the Indonesian military came to a boil. The total number of state forces deployed in the region remains classified. However, Papua and West Papua provinces are known to have the country’s most significant presence of Indonesian troops.
Protestors holding flag and raising their fists . Credit: Ulet Ifansasti/Getty Images
Conclusion
The historical injustices embedded in West Papua’s past are intricate and interconnected, requiring a nuanced approach to resolution. A comprehensive strategy should acknowledge the complexities of colonial legacies, contested political processes, discrimination, human rights abuses, cultural suppression, and economic disparities. It is crucial to draw international attention, promote meaningful dialogue, and make concerted efforts to establish justice, equality, and self-determination in West Papua. This is necessary to rectify historical injustices and pave the way for a more inclusive and sustainable future in the region. The Free West Papua Campaign website is a great resource to learn about organizations actively working towards this goal, and you can even donate to support their cause.
Here are some websites offering more information about this blog post
Content warning: This blog contains references to violence and murder.
Introduction
The femicide crisis in Mexico can be best exemplified in the quote, “What is happening in Mexico is a gigantic tragedy, a humanitarian catastrophe”—a statement made by Lucy Diaz Genao, a representative of Colectivo Solecitos (Sunshine Collective). Colectivo Solecitos is a group of women searching for their disappeared relatives, known as madre buscadoras.
Genao is not overstating her concern for the issues in Mexico, as every year more and more people, mostly women and children, are reported missing with little to no action done by government officials to find them. Every day, approximately ten women are murdered, resulting in a staggering 3,754 deaths in 2022. These deaths are rarely investigated as femicide, with less than a third of them given the proper acknowledgment that they deserve. Not only are they not presented as femicide, but they are also often presented as accidental, with manslaughter being the most frequent classification. It is possible that this misrepresentation is done so that the Mexican government can downplay the severity of femicide within the country. There are countless factors perpetuating the violence against women in Mexico, with some of the major reasons being cultural machismo, domestic violence issues, and a flawed justice system.
Image Description: A large pink banner with “En Busca De Nuestros Corazones” and “Madres Buscadores” written across the middle. There are many images of disappeared people. Source: Flickr
A Flawed Justice System
The flaws in the justice system are numerous, with some major problems being insecure crime scenes and the removal of objects that could be evidence in cases. One specific occasion of this is with Diana Velázquez. Velázques was killed after numerous brutalities were committed against her—both physical and sexual—and then her body was abandoned by a warehouse. The investigation was quickly mishandled when Veláquez’s body was misidentified as a man. This is obviously problematic in many ways, one of which is that Veláquez’s family could not find her for some time. When she was finally found, she was heavily decomposing on the patio of a morgue. While these factors are more than enough to emphasize the missteps within the justice system, the mismanagement of the case does not end there. Authorities lost Veláquez’s clothing, which was vital in collecting DNA and identifying her killer. Her family got minimal closure, and because of the flaws in the investigation, only one suspect was apprehended and convicted.
This is one case out of thousands as the violence against women comes in shocking waves. The crimes are handled so poorly that it incentivizes individuals to continue committing acts of violence. It is vital for the Mexican government to take a firm stance against femicide and provide more cohesive measures to prevent and punish the murders.
Gender-based violence is not new in concept; however, femicide is new in terms of legal codes in Mexico, and it was first made a distinct crime category in 2012. This demonstrates progress, but the negative implications of it being so recent are numerous. For one, there is little uniformity in this classification, so many femicides may go undocumented as such. The incorrect documentation of the crime underemphasizes the problem, and it encourages those in law enforcement to put less focus on the roots of the problem, like machismo culture and domestic violence.
Machismo Culture and Domestic Violence
Mexico’s machismo culture is another large factor attributing to the abundance of femicides in the country. Machismo is “the set of ideals and beliefs that support the notion that men are superior to women. Men…must protect the vulnerable, usually by exercising control over women.”. This forces women into a more subordinate role and allows men to enforce their dominance. Gender discrimination leads directly to gender violence, and gender violence rooted in patriarchy has been increasing steadily every year.
Women are stuck living in fear, as their perpetrators are often given minimal sentencing if prosecuted at all. Domestic violence perpetrators are given much lower sentencing than those who commit murder or femicide, so women are often left to face their abuser after the sentencing.
These gender biases amongst judges and prosecutors also lead to victims gaining little to no protection. Described as “institutional neglect” by journalist Gloria Piña, Piña laments, “There are no legal consequences for killing women, [and] the State will do nothing to financially take care of victims.” This state-based discrimination dissuades victims from coming forward, as it will often just result in angering their significant other. Exorbitant fines prevent women from speaking up, so why waste money on a legal process that will result in no justice?
Unique Violence of Femicide
Femicide needs a significant increase in attention from law enforcement and government officials; however, it is not overlooked by the general public. There are major demonstrations throughout the country, happening at least once a week. There are also annual marches honoring International Women’s Day in March. Women have been participating in strikes to fight against gender-based violence in Mexico, but we need the government to intervene.
Image Description: two young women in focus at a rally, they both have hand-prints painted on their faces. Source: Flickr
The homicide rate in Mexico is high, but femicides are uniquely violent. Most killings in Mexico are done with a firearm, but only 21% of femicides are committed with a gun. Most are done by strangulation, suffocation, drowning, knives, and other brutal acts. This emphasizes the personal nature of femicide, and it illustrates how men are able to commit these crimes in more intimate ways, as many of them live with the woman they end up murdering.
Conclusions
The brutality of femicide brings all the elements discussed in this post together—it begins with the machismo culture of Mexico. This allows men to feel superior to women, which leads to physical violence against them. This physical violence is forceful and personal, and they are allowed to get away with these actions because of the flawed legal system in Mexico.
Protection for women and children is the first step. If women are guaranteed safety or even provided more security than they are now, the magnitude of gender-based violence will be better able to be understood as more women come forward. A more cohesive jurisdiction will help women not only feel safer but get the closure that they need and deserve. It is time to place emphasis on women’s rights in Mexico, and it is time to bring an end to the brutal killings of women.
An image with a group of people holding up a banner that reads, “There is no honor in killing!” Source: Yahoo Images (free to share and use)
In recent years, Kenya has witnessed a horrifying increase in cases of femicide. The alarming statistics paint an ugly picture of the state of women’s safety in the country. This issue goes beyond simple statistics as it represents a deep-rooted problem that demands urgent attention. Femicide in Kenya is not just a crime against women but also a violation of basic human rights and an assault on the fabric of society.
Understanding Femicide
Femicide is not a new phenomenon, but the magnitude of the problem in Kenya is shocking. The term encompasses various forms of violence against women, including domestic violence, rape, honor killings, and dowry-related deaths. These acts are driven by deep-seated beliefs and cultural norms that perpetuate gender inequality and elevate toxic masculinity.
According to a 2020 report by the World Health Organization, Kenya experiences one of the highest rates of femicide in Africa, with an estimated 47 women killed each week. Shockingly, this represents a 50% increase in femicide cases over the past decade. Furthermore, the majority of these cases go unreported or unnoticed due to social and cultural factors, making the situation even more alarming.
The Cultural Factors Behind Femicide
An image of a Maasai woman from Kenya holding her baby at her hips. Source: Wikimedia Commons through Yahoo Images (free to use and share)
To tackle femicide in Kenya, it is crucial to dig into the cultural factors that contribute to this crisis. Some of these factors include gender roles, traditions, economic disparities, and the normalization of violence.
Gender roles deeply rooted in Kenyan society perpetuate a patriarchal system that devalues women. Women are expected to be submissive, nurturing, and bound by societal norms. Patriarchy creates a culture of power imbalance, where men feel entitled to control and dominate women, both within and outside the household.
Traditional practices, such as female genital mutilation (FGM), child marriages, and wife inheritance, further perpetuate the vulnerability and defeat of women. These practices condone violence against women in the name of cultural preservation and perpetuate harmful gender norms.
Economic disparities play a significant role in intensifying femicide in Kenya. Poverty and lack of access to education, healthcare, and employment opportunities disproportionately affect women. When women are economically dependent on their partners or families, they are often trapped in abusive relationships with no means of escape.
Society’s normalization and acceptance of violence against women contribute to the perpetuation of femicide. Many cases of domestic violence go unreported due to fear, stigma, or lack of trust in the justice system. In some cases, many people, instead of helping, tend to record videos of women being wronged and post them on social media.
Addressing Femicide in Kenya
An image of a group of women from the Women’s Ministerial Breakfast in Nairobi, Kenya. Source: Natalia Mroz; UN Environment Programme through Flickr
To address femicide in Kenya, a comprehensive approach is necessary. It requires collaboration between the government, civil society, community leaders, and individuals alike. Here are some key steps that can be taken.
Legal Reforms and Enforcement
Restoring the legal framework surrounding violence against women is paramount. Stricter laws targeting offenders, along with their effective implementation, are crucial. Adequate training for law enforcement officials and judicial personnel is also essential to ensure cases are dealt with sensitively and expeditiously.
Education and Awareness
Comprehensive educational programs should be implemented from an early age to challenge harmful gender norms, promote gender equality, and raise awareness about women’s rights. This includes teaching both boys and girls, as well as women and men, about healthy masculinity and respect for women.
Empowerment and Economic Independence
Efforts must be made to empower women economically. This can be achieved through vocational training, access to micro-financing, and opportunities for entrepreneurship. Women who are financially independent are better equipped to escape abusive relationships and have control over their lives.
Support Services and Safe Spaces
Accessible support services, including helplines, shelters, and counseling centers, are crucial for survivors of femicide and domestic violence. These safe spaces provide survivors with the support they need to rebuild their lives and break free from the cycle of abuse.
Community Mobilization
Community leaders, religious institutions, and local organizations play a vital role in challenging harmful cultural practices, promoting gender equality, and raising awareness about femicide. Mobilizing communities to change attitudes and behaviors towards women is essential to create a safer environment for all.
Conclusion
Femicide in Kenya is an urgent crisis that requires immediate attention. It is a reflection of deep-seated gender inequalities and cultural norms that perpetuate violence against women. Addressing this issue demands a comprehensive approach encompassing legal reforms, education, empowerment, and community mobilization. Only through collective efforts can we hope to build a society where women can live without fear, violence, and the threat of femicide. Together, we must strive to create a country that embraces gender equality, respect, and the protection of basic human rights for all.
In the 1840s, people with mental illnesses were generally imprisoned. That was due to the criminalization of many symptoms and a lack of societal acceptance. Although mental disability has not been a legitimate excuse for imprisonment, mental health problems are still significant in today’s prisons.
National Problems
Nationally, estimates for the percentage of inmates with a severe mental illness range from 15% to 20%. As previously mentioned, the Los Angeles County Jail was described by its sheriff in 2005 as the largest mental hospital in the country. At the Cook County Jail in Illinois, about 1/3 of the incarcerated population has a mental illness. According to the mental healthcare supervisor at the Gwinett County Detention Center in Georgia, the closure of a nearby psychiatric hospital caused the number of mentally ill inmates to skyrocket. In Polk County, Florida, the jail has a mental health unit based on psychiatric hospitals and “immediately put[s] them back on medication because the vast majority of them – the overwhelming majority of them — have decompensated.” In the U.S. Virgin Islands, individuals who were found not guilty of a crime by reason of insanity – that is, who committed a crime but were determined not to be culpable due to a mental illness – are kept in the general prison population rather than being hospitalized. For that reason, the U.S. Virgin Islands has been involved in a class-action lawsuit, Carty v. Mapp, since 1994, one which shows no signs of being resolved.
These situations are exacerbated by the criminalization of symptoms and coping mechanisms of people with mental illnesses. Some people use illegal substances as a means of self-medication. Others steal food or break into buildings to find a place to sleep. Rather than investigating the reasons behind these crimes, people are incarcerated, sometimes medicated, and only occasionally given true mental health treatment. They are then released with no outside support or ways to continue accessing medications.
That is still entirely ignoring that prisons can cause mental health issues on their own. Solitary confinement, something that is widely used in American prisons, can cause or worsen symptoms of mental illness. Incarcerated people kept in solitary confinement are almost seven times as likely to harm themselves and more than six times as likely to “commit acts of potentially fatal self-harm” when compared to the general prison population.
Failures in the South
In 2017, a federal district court found that the Alabama Department of Corrections (ADOC) was providing “significantly inadequate care.” This decision came after years of litigation. The case, Braggs v. Dunn, is still ongoing almost ten years after it was first filed in 2014. Since then, little has changed in ADOC’s prisons.
An opinion given in the case mentioned Jamie Wallace and his testimony 36 times over 300 pages. Wallace was incarcerated in 2014 for the murder of his mother. He had been diagnosed with bipolar disorder and schizophrenia. He testified in December of 2016. He died of suicide ten days later while in a unit dedicated to severely mentally ill inmates. Five days prior to his suicide, a healthcare worker at the prison wrote that he was “using crisis cell/threats to get what he wants.”
Wallace was mentally ill. For that, he was punished by prison guards. He was disciplined twelve times for harming himself, six of which involved being subjected to solitary confinement. Solitary confinement is regularly criticized for being inhumane, and it is especially so for those with preexisting mental health issues. According to Solitary Watch, a non-profit dedicated to ending the overuse of solitary confinement, citing a 2014 study on the topic, “individuals placed in solitary confinement were 6.9 times more likely to commit acts of self-harm and 6.3 times more likely to commit acts of potentially fatal self-harm than people in the general population.” Adding that people with mental illnesses are more likely to harm themselves than people without paints a grim picture of what happens inside these walls.
After Wallace’s suicide, the court ordered an emergency plan to be made to prevent future suicides. That plan was too late for James David Johnson, who hung himself only a few days after Wallace.
The court also accused correctional workers of being ambivalent or actively encouraging suicide. “ADOC officers essentially called a prisoner’s bluff, and then that person attempted suicide.” During his testimony, Wallace said that a correctional officer handed him a razor blade and told him, “You want to kill yourself? Here you go. Use this.” The two parties in the case had previously settled over the issue of razor blades’ presence in crisis cells – the same kind of cell Wallace was able to hang himself in. This lack of awareness on the part of ADOC was only exacerbated by the chronic understaffing of mental health workers. In January of 2023, ADOC stopped reporting the number of deaths – both homicides and suicides – that occurred in its prisons.
In 2021, Disability Rights Mississippi, Mississippi’s federally mandated watchdog agency (protection & advocacy agency), filed suit against the Mississippi Department of Corrections due to severe mistreatment of numerous disabled inmates. One individual, who was described as having ADHD, OCD, and bipolar disorder, was refused access to his medications and, according to DRMS’s investigative report, “during suicide watch, recalls being told by a passing officer to go ahead and kill himself.” Another person with PTSD and bipolar disorder “needs… mood stabilizers. MDOC has yet to treat this offender.” The lawsuit itself, Wallace v. Mississippi Department of Corrections, reads, “DRMS has encountered many offenders who have attempted self-harm, which was ignored by MDOC staff. In some cases, the self-harm was encouraged by MDOC staff.”
Florence Supermax
A short time after Braggs v. Dunn, another lawsuit was filed for similar reasons – this time against the supermax prison in Florence, Colorado, also called the ADX. Rodney Jones, who assisted in the early stages of the lawsuit and who was previously held in the ADX, told the New York Times in 2015 that a staff psychiatrist stopped the medication he took for his bipolar disorder because “We don’t give out feel-good drugs here.”
One of the plaintiffs in that lawsuit is Jack Powers. Powers was sent to the ADX after an escape attempt preempted by threats from members of the Aryan Brotherhood, some of whom he had testified against after witnessing the murder of a friend. All three men he testified against were being held at ADX Florence when Powers was transferred there. While incarcerated there, Powers “lost his mind.” He mutilated himself numerous times, including by removing his earlobes, chewing off one of his fingers, removing one of his testicles, and tattooing himself with a razor and black carbon paper dust.
Florence ADX Prison. Source: Yahoo Images
David Shelby was incarcerated for threatening President Bill Clinton after he “became convinced that God wanted him to free Charles Manson from prison.” While incarcerated, Shelby sliced off part of his finger and ate it. Herbert Perkins, another prisoner, attempted to cut his throat with a razor. After being treated, he was ordered to mop up the blood left in his cell – it had not been cleaned since he was taken to the hospital.
Conclusions
American prisons often have inhumane conditions. Those issues are compounded even further when the inmates in question have a mental illness. Prisons are unprepared to serve as psychiatric institutions, nor have they, overall, attempted to change to do so. Even so, that is what they are doing. Between the lack of adequate treatment, the negative psychological effects being incarcerated can cause, and the lack of assistance from correctional workers, it should be no surprise that rates of self-harm, suicide, and mental illness in prisons are so high.
Courts take time to process cases. This is demonstrated by many of the cases mentioned; Carty v. Mapp has been ongoing for 30 years, Wyatt v. Stickney ended in 2003, 33 years after it was first filed, and Braggs v. Dunn, one of the more recent lawsuits mentioned, is over a decade old. This is by design. A longer trial gives more opportunity for both parties to adequately present cases and, in the cases of these lawsuits, make changes. Despite that necessity, something needs to change. Mentally ill people are suffering and dying in jails and in prisons. The correctional system will not change on its own; it takes outside pressure to change things, and lawsuits, the most effective means of creating this change, take decades to be resolved. Systemic changes need to be made to how these prisons function and the societal role they play.
A quick Google search of “Alabama prison news now” will lead you to hundreds of articles detailing brutal and entirely unnecessary deaths of Alabama inmates. This is not exclusive to Alabama, it’s a trend you can find amongst most other southern states, including Georgia, North Carolina, and Louisiana. The UAB Institute for Human Rights already has several fantastic blog posts focusing on the injustices in Alabama prisons. Where this post differentiates from the others is in its focus on southern prisons as a whole, as well as worker’s rights within those prisons.
If you look at our country’s constitution, the 13th amendment states “neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duty convicted, shall exist within the United States, or any place subject to their jurisdiction.” While this amendment, along with the 14th and 15th, expanded the rights of Black Americans, the italicized portion is a perfect display of how the rights of this population are frequently given with conditions. It’s easy to jump to the conclusion that this does not just affect Black Americans; however, it’s vital to note that this group is disproportionately incarcerated. For example, in the southern United States, Black Americans are five times more likely to be incarcerated in state prisons than their white counterparts. In states such as Alabama, Arkansas, Georgia, Mississippi, Florida, Louisiana, Texas, and North and South Carolina, African Americans make up 38% of the population, but 67% of the incarcerated population.
Photo of a beige building with high walls, at the top of the walls are fences with barbed wire. Source: Flickr
Within the Walls
Southern prisons and jails are notorious for being some of the worst in the country, with excessive violence and incredibly poor conditions. Southern prisons are grossly understaffed, and this leads to the intense mistreatment of incarcerated individuals. One example of this is this uncurbed time in solitary confinement. In Alabama, individuals can be placed in solitary confinement for “weeks or months at a time”, and because of understaffing they are denied their basic rights, such as showering. The overuse of solitary confinement is not uncommon in southern jails and prisons, and Black people deal with the brunt of this. Incarcerated Black individuals are eight times as likely to be put in solitary confinement and ten times more likely to be held in solitary confinement for excessive periods of time. Solitary confinement has intense physical and mental implications, and it can cause lasting damage to individuals kept alone for extended periods of time. The suicide rate for individuals kept in solitary confinement is needlessly high; in Georgia, for example, there were nine deaths by suicide from just February to April 2022. Similar to the usage of solitary confinement, in South Carolina there have been multiple extended lockdown periods, both before and during the pandemic. These extended lockdowns are the result of staffing shortages, which is a common theme in many southern prisons. One individual in a North Carolina Prison was forced to spend nine years in solitary confinement, and after their release they stated, “I feel like I am losing touch with reality…I feel helpless and abandoned, which makes me angry.”
Photo of a prison from within a cell. The walls, bars, and floors are various shades of beige. Source: Flickr
While the prison system exposes people to uncountable horrors, one that has intense financial consequences is the extensive use of unpaid or underpaid labor. Worker’s rights laws in the United States don’t apply to those who are incarcerated—incarcerated workers have no right to form unions either, so they are unable to fight for improved conditions or pay. For most jobs, Alabama, Georgia, Florida, and more pay nothing for the labor, and if they do pay, it’s only cents per hour. Legally, incarcerated individuals can earn five cents a day. Turning the focus back to Black Americans, many are forced into work that can easily trigger generational trauma—required to work in fields, picking fruit and cotton (further reading on this can be found in the works of Dr. Joy DeGruy). The low wages combined with the undesirable jobs could incentive states to keep people imprisoned and working, so that they are better able to profit from of the tangible goods that incarcerated individuals are producing. Portions of payment are fed back into the state, or into the companies that are leasing the incarcerated.
Photo of a green field with rows of crops. There are large, brown trees in the background. Source: Flickr
Permanent Impacts
The financial detriment that is forced on the imprisoned is not limited to their time in jail. Ex-convicts are treated as second-class citizens, and they often have an incredibly hard time getting jobs after their time in the prison system. At least 27% of formerly incarcerated people are unemployed—which is all the more shocking when you learn this rate is higher than the unemployment rate during the Great Depression. As a reminder, the unemployment rate only includes people who are actively looking for work, so this reinforces how challenging it is for previously incarcerated individuals to support themselves after returning to the general public. This difficulty perpetuates a cycle that can be hard to break—without employment, individuals must deal with less stability and surety, and this can result in them returning to prison or jail.
Impoverished individuals are more likely to commit crimes, and, unfortunately, the jobs that are open for previously incarcerated individuals often leave them below the poverty line. This claim is not unaffected by race, as white men are the most likely to be employed full-time after imprisonment, and Black women are least likely to be employed full-time. This relates back up to previous discussion in the post, and incarceration heavily impacts minority races, and it affects them much more after their time in prison.
Conclusion
The Southern incarceration system presents challenges that can seem insurmountable; however, with appropriate attention and legislative power, positive change can be made for both current inmates and those who were previously incarcerated. One effective measure that can be taken is to Ban the Box. The Ban the Box Campaign advocates for the removal of the question “Have you ever been convicted?” from job applications, housing applications, and more. This limits employers’ and loan distributors’ ability to discriminate against individuals when making hiring or other decisions.
There are also major structural changes that need to be made, including increasing pay for prison labor, improving living conditions within prisons, and limiting the time given in solitary confinement. It is important to recognize that incarcerated individuals are people too, and that they deserve the same rights awarded to everyone in the Constitution.
Trigger Warning: This post discusses immigration, including physical barriers for migrants. The article includes a discussion of some drownings and other instances of death.
Broadly speaking, migration is not a new concept. The United States was built by people who were not from here, including people who were forced to come here through enslavement and others who were violently moved against their will through the relocation of indigenous peoples on the Trail of Tears. There have been different waves of immigration, where different crises from around the world prompted people to come to the United States seeking better opportunities.
For example, from 1845 to 1855, around 1.5 million Irish people settled in the United States due to potato blight combined with Britain’s colonial control that forced available crops to be exported out of Ireland. More recently, the US has admitted nearly 300,000 Ukrainians since Russia invaded Ukraine in February 2022. There are many more examples of this, from Italian immigrants moving to the US in search of economic opportunities around the turn of the twentieth century to the influx of Puerto Rican immigrants after World War II due to economic depression in Puerto Rico, cheaper air travel, and job opportunities in the US.
Figure 1: Immigrants at Ellis Island c. 1900, Source: Yahoo Images
It’s no secret that not all migrants are treated the same—a concept that Danah Dibb previously wrote about on the blog. Additionally, my colleague, Kala Bhattar, wrote an article that discusses two specific scenarios that effectively demonstrate how politicized immigration has become in the US—one with Governor Greg Abbott of Texas sending busloads of migrants to Vice President Harris’s neighborhood and one with Governor Ron Desantis of Florida sending planeloads of migrants to Martha’s Vineyard in Massachusetts—scenarios that in any other context would be considered human trafficking.
Politicization of Immigration in the US
According to a 2023 Gallup poll, the percentage of people who want immigration to decrease peaked in the mid-nineties with 65 percent of Americans against immigration. In a near all-time low, this number was 31 percent in 2018. Today, that percentage lies around 41 percent—an increase from 2018 but much lower than it was at its peak and still a minority of the polled population.
For much of the 1990s, both major political parties shared similar views on immigration (though they may have disagreed on the way to do things), but that started to change around 2006 and has become much wider today. Today a Democrat is twice as likely to share the view that immigrants strengthen the economy compared to a Republican.
Various presidencies have highlighted different aspects of immigration in the United States, but it has become a topic that is far more divisive in the wake of the Trump Administration. Former President Trump’s stance on immigration was well-known and relatively simple—build a wall to prevent illegal immigration. He favored a policy of “busing and dumping” immigrants to states that had pro-immigration policies; additionally, he also made comments about securing the border from “rapists and criminals” despite the fact that first-generation immigrants are predisposed to lower crime rates than native-born Americans. Throughout his presidency, Donald Trump became known to make off-the-cuff remarks—especially about immigration—that were frequently called out for being racist and xenophobic.
As the President of a free country that is as powerful as the United States, having views like this stirred uneasiness across the United States, especially among minority populations. This rhetoric of invasion is not new, but it does fuel extremism and racism.
Operation Lone Star
Republican Governor Greg Abbott of Texas launched Operation Lone Star in March 2021, shortly after President Biden took office. Governor Abbot has sent state troopers and members of the National Guard to the US-Mexico border as a part of the operation. Additionally, the Rio Grande River has been lined with various obstacles, from shipping containers to concertina wire. This is all under what is known as Operation Lone Star, which is a multibillion-dollar operation to mitigate illegal immigration and smuggling at the US-Mexico border. According to the Operation Lone Star website, the agency fills in the Biden Administration’s “dangerous gaps [due to its] refusal to secure the border.” It also regularly buses migrants to sanctuary cities.
Governor Abbott has coined the situation at the US-Mexico Border an “invasion,” which he claims allows him to invoke the invasion clauses in the Texas and US Constitutions. Through this rationale, he has the authority to defend the border through his own policies, even though immigration policy has been under the jurisdiction of the federal government since the 2012 landmark case of United States v Arizona. Human rights advocates have warned of the danger of referring to the border as an invasion since most migrants are seeking to claim refugee legal status and are not attacking the United States in any sense. University of Texas law professor Barabara Hines called this notion of invasion “unprecedented and extreme.” Additionally, Operation Lone Star is under investigation by the Department of Justice to determine if it violates the Civil Rights Act of 1964. More specifically, the department is investigating if the state agency is subjecting individuals to “differential and unlawful conditions of confinement based on their perceived or actual race or national origin.”
Figure 2: Members of the Texas Military Forces pose for a picture with representatives of the Remote Area Medical Foundation, Source: Yahoo Images
The Rio Grande River serves as a natural boundary between the United States and Mexico. Over the summer, national attention was brought to Texas when Governor Abbott announced that the agency would be implementing a 1,000-foot-long string of buoys with serrated blades in between them, with a mesh net that would connect them to below the surface. More specifically, the Texan government stated that they were installing the “new floating marine barriers along the Rio Grande River in Eagle Pass” in an effort to “help deter illegal immigrants attempting to make the dangerous river crossing into Texas.”
Human Rights Concerns
According to the Texas Department of Security, there has been at least one body found caught on the Southern side of the buoys, but they claimed that this body was initially upstream of the floating device and floated into it. Later, the body of a 20-year-old Honduran man was recovered, but it was reportedly upstream of the floating device.
Human rights groups have criticized the floatation device with concerns about humanitarian hazards such as migrants becoming caught in the device or drowning due to its placement. Even without the floatation buoy, crossing the border is extremely dangerous. Even before this barrier was implemented, migrant deaths on the US-Mexico border have hit an all-time high. In the 2022 fiscal year alone, over 800 migrants died trying to cross the US-Mexico border, largely from drownings. This stretch of the border is so dangerous that the United Nations migration agency declared the US-Mexico border as the deadliest land border in the world.
Beyond the buoys, numerous reported human rights concerns with Customs and Border Protection (CBP) exist. According to a 2023 report by WOLA, the Washington Office on Latin America, migrants are frequently treated poorly by CBP, which is the largest law enforcement agency in the US. One of the cases in the report is about an 8-year-old Panamanian girl named Anadith Danay Reyes Alvarez, who died in custody of CBP because she was denied a critical heart medication. Specifically, the report notes that this death was preventable.
Figure 3: US Customs and Border Patrol Building in Washington, DC, Source: Yahoo Images
Another issue is that accountability for CBP officers is extremely rare. The same report states, “Most of the cases … would have gone completely unknown without reporting from victims and those, outside of government, who accompany them. That such abuses are happening so frequently at CBP and Border Patrol indicates that the Department of Homeland Security’s (DHS) accountability system has done little to dissuade or disincentivize them.” A 2023 study found that 95 percent of complaints from 2010-2022 did not have a proper investigation.
In addition to the numerous reported concerns of CBP abuses, CBP followed a Congressional policy change in September 2021, which means that the agency only reports the deaths of people who died while in CBP custody. Though this change may not necessarily be bad, it is concerning when there are reports of CBP officers lying to migrants about where to go since this puts them at a higher risk of sickness or death that would not be counted in the CBP reports under the new policy (if the person is no longer in CBP custody when they die).
The US CBP came out with a policy known as “prevention through deterrence” in 1994. This policy sought to block popular crossing spots and push migrants into the dangerous areas of the sea and river crossings. In theory, this would show migrants how dangerous the crossing is so that if they are caught and sent back (which often happens when migrants cross illegally), they would not attempt to cross again. However, it is no secret that this strategy is not effective in reducing the number of crossings. According to an article by the London School of Economics, this approach has not been effective in limiting the number of migrants seeking to enter the US but has increased the number of fatalities.
Figure 4: A Portion of The Rio Grande River in Texas. Source: Yahoo Images
Additionally, the American Civil Liberties Union (ACLU) has condemned Operation Lone Star’s instructions for Texas officials to push young children and nursing mothers back into the Rio Grande. According to the article, Texas uses harmful techniques like razor wire, even after children have been injured and one woman miscarried while stuck in the wire.
Sarah Mehta, ACLU senior border policy counsel, stated, “Texas must immediately stop intentionally endangering the lives of migrants seeking protection at the border. The federal government must also act by investigating these damning allegations and by the Department of Homeland Security decisively ending its own collusion with Operation Lone Star, which has facilitated and encouraged Texas’s expansion of a proven human and civil rights disaster.”
The federal government initially asked Texas officials to remove the barriers. Governor Abbott replied in a letter that stated, “Texas will see you in court, Mr. President,” implying that Texas would not remove the buoys without legal action. Subsequently, the Department of Justice sued Texas and asked a judge to make Texas remove the buoys.
US-Mexico border coordinator Hillary Quam expressed concern in an affidavit that accompanied the request to a federal judge to have the barriers removed: “If the barrier is not removed expeditiously, its presence will have an adverse impact on U.S. foreign policy, including our relationship with the government of Mexico.”
The request of the federal government was granted by Federal District Judge David A. Ezra, who ruled that Texas must remove the floating barriers. Legally speaking, he issued a preliminary injunction, which preserves the status quo until final judgment (the final ruling of the court). In essence, this meant that the buoys would need to be removed until the case reached its final court decision. Ezra stated the following in the discussion: “Governor Abbott announced that he was not ‘asking for permission’ for Operation Lone Star, the anti-immigration program under which Texas constructed the floating barrier. Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters.”
Regarding the bodies, the Mexican government issued the following statement: “We express our concern about the impact on the human rights and personal safety of migrants that these state policies will have, which run counter to the close collaboration between our country and the federal government of the United States.”
A spokesperson for Governor Abbott claimed that the Mexican government was “flat-out wrong,” stating that neither body was attempting to cross the floating barriers.
Conclusion
It has been over 40 years since Congress reformed the US immigration system. According to the Center for American Progress, putting undocumented immigrants on a path to citizenship would increase the US GDP by $1.7 trillion over the next decade. According to the Pew Research Center, immigrant families are expected to comprise 88 percent of the US population growth through 2065. To say that reform is necessary is an understatement.
As I mentioned at the start of this article, migration is not a new concept. Unfortunately, it has been used as a political pawn in many ways. From the rhetoric of dangerous crime to the mentality that immigrants “take all the jobs,” misunderstanding has been weaponized against groups of people for a long time, and that likely will not change until we learn to be more compassionate and think of better solutions for our broken immigration system.
Figure 5: Protesters in New York City. Source: Yahoo Images.
Additionally, it is important to be critical of political officials who weaponize differences and prey on misunderstanding to further their own political agenda. To label such a diverse group as one negative thing that threatens the authority and safety of the United States is not only racist and xenophobic, but it undermines the value of the diverse groups of people who built this country (including the people who were forced to migrate to and build this country, whose impact often goes unrecognized even today). This portrayal minimizes the value of people with diverse experiences and limits the discussion of how crucial immigrants have been and continue to be in the US.
It is also imperative to recognize how slavery, forced assimilation, and genocide have both formed the social hierarchy we have today and continue to perpetuate racism, especially in the context of immigration. If you have not heard of the concept of “passport privilege” (including simply having a passport) or the connotative distinction between the words immigrant and expatriate or expat (not just their dictionary definitions), I highly recommend learning these concepts. It is important to examine where you fit within them, and which preconceived (perhaps racist) notions you might carry about a person based on job, skin color, accent, religion, or anything else.
Society will not change unless individual people change, so even if there is limited direct political action to take as of right now, there is still a lot of room to grow your understanding of these concepts so that racist institutions can be better understood and effectively dismantled.
To better understand the value of culturally centered practices in Indigenous justice, I encourage you to read my previous blog,“History of Limitations and Restorative Justice.” In this blog, I will be highlighting the resulting statistics on the overrepresentation of Indigenous people in prisons. Then, utilizing reports from several justice-oriented organizations, I will summarize how professionals from Indigenous communities conclude problems and solutions that need to be addressed to neutralize these disparities in the Indigenous criminal justice system.
An image of a man in adult provincial custody in Saskatchewan, Canada, looking out of his cell with his arms between the cell bars. The data on the overrepresentation index for Indigenous people in 2020/2021 was highest in Saskatchewan at 17.7 times higher than the non-Indigenous incarcerated population (Statistics Canada, 2023). Image Source: Don Healy/Regina Leader-Post via Yahoo Images
Visualizing the Statistics
Indigenous people are overrepresented in the criminal justice system across several countries, including the United States, Canada, and Australia. Extensive research has been conducted by human rights organizations around the world, but collecting accurate data on Native populations in the United States has proven difficult. The visibility of crime has come a long way since the Not Invisible Act of 2019 was signed into law in 2020 to increase information sharing and track cases of the Missing and Murdered Indigenous People (MMIP) crisis. However, data on Indigenous populations is still flawed in some ways. According to the Prison Policy Initiative (PPI) and a report by the Safety and Justice Challenge (SJC), categorizing people by a single race can wrongfully categorize people who identify with more than one race. The data that does exist is inconsistently labeled, meaning it could refer to Native people as Indian, American Indian-Alaska Native, Latino, or other. The number of incarcerated Indigenous people depends on how they are counted, and this generally underreports and, therefore, overlooks Native people in the system.
According to the PPI, the data shows that Indigenous people are incarcerated in federal and state prisons at over four times the rate of white people. In the state prison systems of Alaska, South Dakota, Montana, North Dakota, Wyoming, and Utah, Indigenous people are highly overrepresented relative to the states’ Indigenous populations. The SJC report shows that in Montana, the Indigenous population is 7% but closer to 30% of the prison population. In South Dakota, Indigenous people convicted for aggravated assault received sentences 62% longer on average than any other racial group.
Jurisdiction’s Impact
Over-incarceration of Native Americans published by the SJC highlights complicated jurisdiction as a player toward overrepresentation. According to Indigenous experiences documented in the report, it is common for single crimes to be charged in more than one jurisdiction because of multiple police agencies patrolling reservation lands. Defendants may then face multiple charges with different requirements, which often results in punishment for failing to understand and/or follow those requirements. This is especially true for youth caught up in technical violations of probation or status offenses.
A document titled Juvenile Justice, created by the National Congress of American Indians, speaks to the challenges of Indigenous youth in the justice system. Native youth are more likely to be subjected to the federal system and to be tried as adults, especially for drug-related crimes, leaving them with longer and harsher sentences.
An image of a young girl being addressed by a judge in court beside her mother. The court proceedings for her misdemeanors, being charged as an adult, made it difficult for her to find employment and delayed her career goals of becoming a Psychologist (Open Society Foundations). Image Source: Michael Stravado/Redux via Yahoo Images
The federal system is not built for children, and sentencing often limits opportunities for diversion, parole, or services helpful in juvenile cases. Even if certain courts offer other options, youth are too often left with no support. Due to overlapping jurisdiction, professionals tend to assume that Indigenous youth will always be someone else’s responsibility. However, Tribal governments are often not informed when their youth interact with the state juvenile justice systems, and this prevents tribes from supporting reintegration and rehabilitation before, during, and after contact with the system.
On the other hand, when Native children experience a culturally rooted court system like those of tribal courts and jails, they can have a better chance of receiving constructive intervention and support. For example, the Cherokee Talking Circle integrates Keetoowah-Cherokee cultural values that target substance use among youth. According to the Juvenile Justice document, researchers found that non-cultural education programs were significantly less effective in reducing juvenile delinquency compared to CTC. The Choctaw culture includes the practice of Immannumpuli, where an uncle or tribal court employee will educate youth offenders about the Choctaw justice system and talk to them about their life choices. Increasing collaboration between federal and tribal justice agencies to encourage US Attorneys to deter offenders to tribal court would be extremely beneficial for Native youth.
Causes and Solutions
The criminal justice system ultimately reflects an overreliance on locking people up, specifically Indigenous people, rather than offering services to rehabilitate offenders.Data from the Bureau of Justice Statistics displayed that in Indigenous areas specifically, the creation of more jails resulted in a direct increase in incarceration rates instead of being a remedy for overcrowding. As expected, the jail expansion also led to longer stays for both pretrial detention and actual sentencing.
Especially in Indigenous communities, incarceration has harmful effects on health, as jails are not prepared to navigate chronic illnesses and are commonly dangerous environments. Incarceration is harmful to maintaining or finding employment, and this causes more poverty and debt among Indigenous individuals. Currently, because of high incarceration rates and a lack of restorative methods, many Indigenous people will be returning to their communities with significant challenges. Assisted reintegration is vital to the healing process needed after incarceration.
The SJC report recognizes the long history of forced confinement of Indigenous people as a contributor to systemic inequities faced today. In the past and still today, disparities in justice are falsely attributed to the characteristicsof Indigenous people rather than the more real factors of complex jurisdiction, deficiency of representation in court, racism, or violence. This is why legal professionals must consider the historical context of Indigenous trauma when analyzing current inequities.
According to the SJC report, Tribal leaders have called for culturally relative alternative sentencing options that look to the roots of the crime problem. 15-16% of people in tribal jails were held for public intoxication or drug-related offenses, leading the Indian Law and Order Commission to state that drug abuse was a contributor to almost all crimes in Indian communities. Considering the serious financial and health effects of drugs, any efforts to prevent crime and recidivism would absolutely need to address substance use problems.
Cultural Humility
An image of a reporter listening to an Indigenous man, centering their focus on under-reported stories concerning Indigenous human rights. Image Source: Intercontinental Cry via Yahoo Images
Finally, the SJC report recognizes cultural humility as a necessary factor in supporting Indigenous communities. Practicing cultural humility means acknowledging your own inability to be an expert in a different culture. The disparities in representation in the criminal justice system can improve if non-Indigenous criminal justice professionals seek to understand that there is a lot they are not aware of concerning Indigenous experiences.
Tribal agencies and activists across the United States have called for changes to be made, whether it is about legal jurisdiction, inadequate funding, or over-incarceration rates. Acknowledging the barriers that Indigenous communities and individuals face is a first step in creating cultural safety. Indigenous people are the best suited to handle justice and related problems facing their communities. It is time to listen to them.
What Can We Do?
To learn more about practices supporting native people, I encourage you to explore the lessons and solutions listed in the Over Incarceration of Native People. The document includes diverse proposals ranging from supporting Tribal Reentry programs, trauma-informed care, providing cultural mentoring, license restoration, victim assistance, housing, mental health services, and, most importantly, culturally relevant research and services. Juvenile Justice includes many evidence-based policy recommendations to change the status quo for Indigenous youth, helping them and their families to be better informed, tracked, assessed, represented, and treated. To find relevant services or contribute to their success, Tribal Justice also lists many resources and specified programs.
An image of a protest for Indigenous Justice In Canada in response to the shooting death of Colton Boushie and the acquittal of Gerald Stanley. Image Source: The Canadian Press/Jason Franson via Yahoo Images
In this series, I have reiterated many of the issues at the tip of the iceberg, but to continue supporting Native people, we must be able to acknowledge our ignorance of the rest of the iceberg that is the Native experience. With cultural humility in mind, we can work to unveil injustice in the Indigenous Justice System.
The Kenya Girls Guide Association hosted a rally against FGM during 16 Days of Activism in 2011. Source: Yahoo Images
The killing of Corporal Mushote Boma on December 15, 2023, in Elgeyo Marakwet County, Kenya, has brought to light the deeply entrenched issue of female genital mutilation (FGM) and the urgent need for increased awareness and action to eliminate this harmful practice. The tragic incident, where Corporal Boma was stoned to death by a mob of young men after rescuing a group of girls who had been forced to undergo FGM, signifies a significant setback in the fight against this violation of human rights in Kenya.
Female genital mutilation, also known as female genital cutting or female circumcision, is a practice that involves altering or injuring the female genitalia for non-medical reasons. FGM is a harmful practice and a violation of the rights of girls and women. It can lead to severe physical, emotional, and psychological consequences, including but not limited to severe bleeding, infections, complications during childbirth, and long-term psychological trauma. The World Health Organization (WHO) has classified FGM into four types, with type 3 being the most severe, involving the removal of all external genitalia and the stitching of the vaginal opening.
According to reports, the incident involving the Corporal occurred when the police were taking the rescued girls to the hospital after the illegal FGM procedure. It is a grim reminder of the challenges faced by law enforcement officers and activists in combating such deeply rooted harmful practices. Despite the ban on FGM in Kenya, the practice still persists in certain areas, often conducted during school holidays, using crude methods and tools by individuals who continue to defy the law.
It is essential to understand that the practice of FGM is not limited to Kenya but is prevalent in many African countries, as well as in some parts of Asia and the Middle East. The complexity of cultural, social, and traditional beliefs and practices surrounding FGM makes the fight against it particularly challenging.
An infographic on FGM, including information about how many girls and women are impacted by it, is practiced in over 30 different countries around the world. Source: Yahoo Images
In the wake of Corporal Boma’s tragic killing, there is an urgent need for heightened awareness and education about the dangers of FGM. The involvement of communities, religious leaders, and other stakeholders is crucial in effectively addressing and eliminating this harmful practice. There is a pressing need for community-based interventions focused on education, awareness, and empowering women and girls.
Furthermore, it is imperative for the Kenyan government and other relevant authorities to take decisive action and strengthen the enforcement of laws against FGM. Perpetrators of FGM must be brought to justice to send a clear message that this harmful practice will not be tolerated in any form. The government should collaborate closely with local organizations and international partners to develop and implement comprehensive strategies to combat FGM effectively.
The media can play a pivotal role in raising awareness about FGM and shaping public opinion on the issue. Media campaigns and educational programs can provide crucial information on the physical and psychological consequences of FGM, dispel myths and misconceptions, and promote positive social norms around the issue. Additionally, the media can highlight success stories of communities that have abandoned the practice of FGM, inspiring others to follow suit.
At the global level, the international community plays a vital role in supporting efforts to combat FGM. International organizations, including the United Nations and its specialized agencies, as well as non-governmental organizations, have been advocating for the elimination of FGM through various programs and initiatives. These efforts range from providing direct assistance to affected communities, conducting research and data collection, advocating for policy changes, and supporting grassroots organizations working at the local level.
Some resources are laid out for community members to learn about the dangers of FGM. It includes pamphlets, brochures, and a 3D model used to teach about different types of FGM. Source: Yahoo Images
The killing of Corporal Mushote Boma serves as a stark reminder of the urgent action needed to eliminate the harmful practice of female genital mutilation. It is crucial to work collectively to raise awareness, educate communities, and enforce laws to protect the rights of girls and women. This tragic incident must galvanize individuals, communities, and governments to address FGM comprehensively and put an end to this barbaric practice.
The world must unite to protect the rights and well-being of girls and women globally and ensure that no one else suffers the same fate as Corporal Mushote Boma. By fostering a culture of respect for human rights and gender equality and by promoting positive social norms and behaviors, we can strive to create a world where every girl and woman has the right to live free from the fear and trauma of female genital mutilation. Together, we can work towards a future where every girl and woman can fulfill her potential without being subjected to the physical and emotional pain of FGM.
The tragic killing of Corporal Boma is a solemn call to action, and it must be responded to with determination, compassion, and unwavering commitment to bringing an end to the harmful practice of female genital mutilation once and for all.
Poland is a highly polarized nation, with many valuing tradition, culture, and national identity. The combination of these three components, along with repeated rightwing electoral victories, has led to the democratic backsliding of the country, seen in their overreaching policies regarding women’s reproductive rights, LGBTQ+ rights, and judicial reform. Although many human rights violations have happened throughout the country in the past few decades, the results from the most recent election, held on October 15, 2023, have the potential to expand rights to more citizens in the country. To properly describe its importance, I will explain the political context surrounding this recent election before moving on to discuss the future administration and its potential impacts on human rights.
Political Context
Even while under communist rule, Poland has been a predominantly Catholic state, with an overwhelming majority continuing to practice Catholicism today. Traditional Catholic values continue to influence Poland’s political policies and the opinions of many citizens. This influence is most notably seen in the rise of the Law and Justice Party (PiS), with its social policies rooted in Catholic norms and having close relations with the Catholic Church. Up until the October election, PiS controlled the government and had, since 2015, used its eight years of authority to undermine democracy and human rights. These influences have shaped the repressive policies on issues such as women’s autonomy, LGBTQ+ rights, and judicial practices. Listed below are the current status of these issues, showing the political climate leading into the 2023 election.
Women’s Bodily Autonomy
Under the current administration, abortion has continued to be a huge issue. While abortion was essentially banned in 1993, a 2020 amendment tightened restrictions even further. The recent change eliminated the option for abortion even when the fetus is known to have developmental problems or health conditions incompatible with life outside the womb. Prior to the ban, around 90% of all abortions performed in Poland happened for one of these two reasons: after 2020, women were required to carry even unviable pregnancies to term. While abortions are allowed when the life of the mother is threatened, this doesn’t mean that doctors will provide the necessary care. Countless stories have been recorded of Polish doctors overlooking women’s birth complications, favoring the life of the child, even when the child is unlikely to survive and the mother is likely to die or suffer lifelong complications.
Polish women protest for their bodily autonomy. Source: Yahoo Images
In cases where an abortion is not deemed essential to save the life of the mother, doctors who carry out abortions are subject to punishment. If caught aiding an abortion, . This puts women and their doctors in a dangerous position, with women unable to access necessary help and doctors unable to provide adequate assistance without fear of imprisonment.
Not only is abortion increasingly difficult to obtain, but so is contraception. Out of all European countries, Poland ranked the lowest in terms of contraception access. For example, unlike in many European countries, Poland prohibits access to emergency birth control and hormonal birth control without a prescription. All of this shows the lack of women’s bodily autonomy, which can be interpreted as violating the human right to health and poses a threat to all women in Poland.
LGBTQ+ Rights
Those in the LGBTQ+ community face frequent discrimination and a lack of legal protections throughout Poland. Even since the adoption of the modern Polish Constitution in 1993, marriage is seen as proper only when between a man and a woman, meaning that gay couples receive no legal protections when married. Under PiS, steps were taken to further ensure traditional family norms, as seen with the party’s campaigning for a “family charter,” which sought to end marriage between gay couples and eliminate their ability to adopt children. This, along with a rising number of Polish cities that have decided to implement so-called “LGBT Ideology Free Zones,” has led to a climate that actively oppresses those within this community.
Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons
Throughout the European Union, Poland ranks the worst regarding LGBTQ+ rights, with only 15% of family, equality, and recognition rights being obtained. Unfortunately, activists cannot look to the Universal Declaration of Human Rights(UDHR) for assistance, as the document lacks protections on the basis of gender identity or sexuality. This omission of rights from the UDHR makes it nearly impossible for LGBTQ+ members to advocate for legal protections, having no doctrine to support their claims. Not only does this issue show that changes need to be made within Poland, but also the need to expand protections within the UDHR to provide a solid foundation for other advocacy groups worldwide.
Judicial Protections
Human rights concerns in Poland go beyond social issues; in fact, they bleed into the governmental structure itself. In 2019, a law was passed that undermined judicial independence, allowing the government to punish judges who question the legal changes made by PiS. This raised serious global concern, as this move would have allowed the executive branch to have control over the courts effectively, eliminating one of the greatest checks on executive and legislative power in Poland. This followed similar judicial changes that were ultimately made to serve the party. These changes included lowering the retirement age and appointing party loyalists to the Supreme Court. All of this led to the European Courts deeming these judicial revisions illegal in June 2023, making it an even more pressing issue leading into the latest election.
This infringement on the separation of powers causes a genuine and well-defined human rights violation, going against Article eight of the UDHR Article eight grants all humans the “right to an effective remedy by the competent national tribunals,” which is not available when the government has major authority over court cases.
The Recent Election
Given these issues and the increase in authoritarian policies, voters were aware that the 2023 election was extremely important, as seen in the voter turnout rate of about 73%, the highest rate since the fall of communism in 1989. Before explaining further, it’s important to note that Poland has a parliamentary government, meaning citizens’ votes are translated up to the legislature as a percentage of party representation. For example, if a party gained 30% of the total vote, they would receive that much representation in the legislature. This is necessary to know when understanding the outcome of the election.
Polish citizen votes in the election. Source: Yahoo Images
The Results
The results are as follows: the Law and Justice Party (rightwing) received a plurality of the votes, at 35.4%, Civic Coalition (center-left) received 30.7%, Third Way Coalition (centrist) at 12.4%, and Lewica (far-left) at 8.6%. While PiS holds a plurality, the remaining parties will likely form a center-left coalition, which would oust PiS from power and install a new government with a pro-democracy, pro-human rights agenda.
Likely Impact
Given the percentage of seats held by rightwing versus leftwing and centrist parties, progressive parties will likely assume power and work to steer Poland back to valuing democratic ideals and aligning more closely with the European Union. The three parties that are expected to form the new Polish government all promote democracy and pro-Europeanism, making it likely that action will be taken to support the oppressed groups mentioned above. It is also more probable that European Court rulings regarding the judicial branch will be respected and upheld.
Conclusion
In conclusion, the 2023 election results hold great promise in regard to human rights in Poland. As the Law and Justice Party (PiS) loses its grip on the government, a center-left coalition will likely form and create an overwhelming majority. Although these results won’t be officialized until December, many believe rights will be expanded under the new regime, and Poland can set a precedent for a return to liberal democracy within Central Europe.
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