“It will help me live a full life — to vote, to marry, and to go to church. It will help people with disabilities to live their own lives and speak for themselves.” – Colby Spangler.
How the Colby Act Began
The Colby Act is named after Colby Spangler, a Shelby County resident who was born with cerebral palsy.
Kim Spangler, Colby’s mom, remembers when she and Colby attended the Spring concert for Colby’s high school band. Colby had been in the school’s band for a year as a freshman. At this concert, the seniors stood up and declared where they would be attending college.
This prompted Colby to ask his mom where he would be going to college, which is something she had yet to consider.
Throughout Colby’s high school career, they began researching colleges that he could attend. Through this research, they learned that Colby’s individualized education plan (IEP) had to reach a certain degree for him to qualify to attend college. They also learned that most college programs preferred or even required that the student was their own guardian rather than being under guardianship by someone else, which was important to note since guardianship is a common occurrence as young people with disabilities become legal adults in Alabama at the age of nineteen. Some critics have called this the “school to guardianship pipeline.”
According to Kim, many people do not realize how many rights people sign away with guardianship, such as the right to vote, marry, and even where you can live.
Through this knowledge, combined with Kim’s advocacy as Colby went through high school, the Colby Act was born. Kim introduced the act in 2022, sponsored by Senator Arthur Orr (R-Decatur) and Cynthia Almond (R-Tuscaloosa). After being unanimously passed on April 20, 2023, the bill was signed into law by Governor Ivey and later went into effect on August 1, 2023. I will discuss this in further detail later, but the Colby Act proposes a legal alternative to guardianship known as supported decision-making. This is an important improvement for disabled people and elderly people since it will preserve their autonomy.
Figure 2:Source-Kim Spangler; Colby & Representative Cynthia Almond, who co-sponsored The Colby Act with Senator Arthur Orr.
History of Disability Advocacy in America
In the United States, people with disabilities have historically had their rights ignored or entirely removed. While I will not go into explicit detail here, my colleague, James DeLano, recently wrote an article about the atrocities of institutions for disabled people. Though institutions in the context of James’s discussion are far from the only instances where disabled people face being stripped of their rights, I found the brief history to be exceedingly informative as I wrote this article.
Legally and socially, disability rights have not always been viewed as civil rights but through a lens of charity, especially in the case of developmental and intellectual disabilities. Beyond that, legal action to protect disabled Americans came exceptionally slowly.
In 1977, President Carter’s new HEW (Housing, Education, and Welfare) Secretary, Joseph Califano, formed a review board to consider an act that would protect disabled people under federal law. Unfortunately, the board did not include anyone from the disabled community, so many people were concerned that the law would have critical aspects of it removed before being passed. The American Coalition of Citizens with Disabilities (ACCD) pushed for the signing of the regulations as they were, with nothing removed by the review board. They stated that if the piece was not signed by April 5, they would respond.
As the date passed with no action, protests began. In April of 1977, around 150 disability advocates staged a sit in a federal building in San Francisco. They remained there for 25 days, refusing to leave until the Carter Administration signed the law that promised to protect people with disabilities. Similar protests broke out across the United States, but most only lasted a few days, making San Francisco one the most impactful.
These are known today as the Section 504 protests. They were a significant turning point because disabled people publicly rejected the pity and charity sentiments and held the Carter Administration accountable for giving them the same protections as every other American.
“Through the sit-in, we turned ourselves from being oppressed individuals into being empowered people. We demonstrated to the entire nation that disabled people could take control over our own lives and take leadership in the struggle for equality,” said activist Judith Heumann.
Through the protests and meetings with the Carter Administration, Section 504 was passed. Beyond that, Section 504 of the Rehabilitation Act of 1973 laid the groundwork for the Americans with Disability Act (ADA), which prevented any institution receiving federal funds from discriminating based on ability.
Considering the history of disability advocacy in the US, we have come a long way. Despite that, there is still a lot of work to be done, especially for people with intellectual disabilities.
Distinction of Conservatorship and Guardianship in Alabama
Before diving into what the Colby Act does for Alabamians today, I want to address the elephant in the room and make an important distinction.
Over the past couple of years, there have been a few cases where conservatorships have come under fire, most notably with US pop star Britney Spears. Her father, Jamie Spears, became the conservator of her financial estate and personal life in 2008. One of the more significant outcries from this was when Britney Spears commented that she could not get married and have kids due to her conservatorship. More specifically, she claimed that they would not allow her to have her birth control removed. Many aspects of this conservatorship were considered abusive by much of the general public, sparking the Free Britney movement in 2021. I bring this up to clarify an essential distinction in discussing conservatorships.
Other stories like this have been brought to the public’s attention recently, bringing awareness to conservatorship abuse. With that being said, not all of them represent how conservatorships function in Alabama. In California, where the Spears conservatorship was established, conservators have jurisdiction over the ward’s financial estate and personal life decisions, which would not be the case in Alabama. In Alabama, a conservator has jurisdiction over the person’s estate. In contrast, a guardian would have jurisdiction over a person’s decisions, including the ability to get married or have children.
To put it simply, a guardian makes decisions for a person’s everyday life, and a conservator makes decisions for their financial estate. So, in the state of Alabama, for a person to have the control that Jamie Spears had, they would have to obtain two distinct approvals from a Probate Court: one for a conservatorship of the person’s estate and the other for a guardianship of the person’s decisions in their personal life. With that distinction in mind, we will look at how guardianships impact people with disabilities.
Figure 5:Source-Kim Spangler; James Tucker & Nancy Anderson of ADAP with Colby at a Partners in Policy for Alabama Event
Guardianships for Disabled People in Alabama
In Alabama, the primary way for parents of people with disabilities to help protect their children and young adults as they transition into adulthood at the age of nineteen is by getting guardianship over them.
Guardianship is used when a court proceeding finds a person to be incapacitated. According to the Alabama Disability Advocacy Program (ADAP), Alabama law defines an incapacitated person as “any person who has one or more of the following impairments: mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority), and lacks the ability to make or communicate responsible decisions.”
In essence, guardianship allows another person to make decisions if a court determines someone is incapacitated. Similarly, conservatorship enables another person to make decisions about a person’s estate if a court determines that someone is incapacitated.
The important thing I want to note here is that to be legally declared incapacitated, the person must have one of the listed impairments and lack the ability to make responsible decisions. The person petitioning for guardianship or conservatorship must prove to a judge that the person is incapacitated based on these criteria.
Many people have guardians for a variety of reasons. For example, many older adults struggle to make responsible decisions and keep themselves and others safe as they grow older, so guardianship is sometimes needed so that family members can help with medical appointments and make decisions about other fundamental aspects of the person’s life.
While guardianships are necessary for some people who are disabled, they have been used as a one-size-fits-all solution, which fails to account for the varying abilities and needs of different people with disabilities.
Guardianship also proves problematic if a guardian decides they no longer want to have the responsibilities of being a guardian. More commonly, the guardian dies, which can result in a delay in decision-making for the ward (the person for whom the guardianship is for).
Often, it takes time for a new guardian to be set up. In many cases, the ward will become a ward of the state, which means that a judge, or, in some cases, even a sheriff, can become the ward’s guardian. State wards are often overworked and underfunded. Beyond that, they have little personal connection to the ward, which increases the risk of the person’s quality of life declining significantly.
Figure 6:Source-Yahoo Images; 14th Amendment, which includes the equal protection clause that formed the basis of the argument for disability inclusion and signing of Section 504
Autonomy vs. Protection
One concern for people who have disabilities, especially intellectually disabled people, is the fear of people taking advantage of them. Commonly, guardianships have been established to protect the person from harm, even though they don’t always give parents the protection they seek for the adult.
For example, suppose a young adult has a past of being a victim of domestic abuse. In that case, guardianship may not necessarily protect them from that. Still, it is often viewed as a sort of legal footstep for the guardian to step in if things go wrong. Unfortunately, this is not always effective and is still extremely limited in its ability to prevent harm.
While some disabled people may require guardians, the one-size-fits-all approach of guardianship has been seen as the only option for far too long.
The Colby Act defines supported decision-making as “The process of supporting and accommodating an adult in the decision-making process without impeding the self-determination of the adult. This term includes assistance in making, communicating, and effectuating life decisions.” More specifically, the act states the following: “In lieu of a guardianship, an adult may enter into a supported decision-making agreement with supporters who may assist and advise the adult with making certain decisions without impeding the adult’s self-determination.”
This is a critical option for a disabled person who may need assistance making decisions but is not incapacitated as defined by the state, in which case a guardianship would unnecessarily strip them of their autonomy. This can also be a helpful option for aging adults since setting up an SDM agreement can prevent the need for guardians or conservators as they become elders.
The Colby Act defines a supporter as “An individual at least 18 years of age who has voluntarily entered into a supported decision-making agreement with an adult and is designated as such in a supported decision-making agreement.” It also establishes criteria for supporters and limitations on them, such as not obtaining information about the person for purposes beyond their role as a supporter.
Another significant piece of the act is the subject can revoke the SDM agreement at any time by notifying each supporter in writing. This is important because it preserves the adult’s agency and autonomy, allowing them to change the agreement or revoke it if it does not facilitate their ability to live a full life as anyone else would.
Figure 7:Source-Kim Spangler; Colby celebrating graduation from the College of Education’s CCOS program at the University of Alabama.
The Colby Act is a big deal because it provides a law for something that has been happening informally for a long time. Due to the passing of the Colby Act, people who create supported decision-making agreements will now have additional protections behind the law. Though supported decision-making may not be an effective alternative for every instance where a family is considering guardianship, it is a substantial step in providing an alternative for disabled people who could benefit from a less invasive approach.
November 10 is the International Day of Science and Peace (IDSP), also known as the World Science Day for Peace and Development. The United Nations host this international event.
History of IDSP
Established in 1986, this historical day was initially developed to commemorate the birth of Marie Curie, a notable physicist and humanitarian. Curie was known for her innovative work within radioactivity, contributing to the discovery of radium and polonium. By 1999, its purpose changed to reflect the global needs of the scientific and humanitarian community, utilizing the day to affirm the global commitment to attaining the goals of the Declaration on Science and the Use of Scientific Knowledge. The day and annual summit unite governmental, intervention mental, and non-governmental organizations meaningfully to promote international solidarity for shared sciences between countries and renew the global commitment to use science to benefit communities that need it most.
The 2023 theme for IDSP will be “Bridging the Gap: Science, Peace, and Human Rights.” This emphasizes the interconnectedness between science and peace, having a role in advancing human rights. Science is a valuable tool for making technological advancements, but it is also helpful in helping address social issues, reducing conflicts, and sustainably promoting human rights.
Photo of space shuttle near body of water. Source: Flickr
Science and Human Rights
Science is frequently associated with helping improve medical interventions, solving coding bugs, and completing mathematical equations. However, contrary to popular belief, science is essential to human rights. Firstly, science has a valuable role in promoting sustainable development. Utilizing scientific methods, data can be collected to quantify the progress toward fulfilling the 17 UN Sustainable Development Goals. Ranging from climate change to poverty to infant mortality, scientific data collection and analysis methods are needed to efficiently and effectively respond to global issues. Research and innovation also contribute to the mobilization of resources to historically underserved communities, allowing them to gain access to necessities.
Within innovation, shared desires and interests help unite countries with singular goals. Scientific diplomacy is valuable in bringing countries to the table of collaboration. This deepens connections between countries as it relates to trade and commercial interests and helps foster peaceful relationships, prioritizing human rights.
With the appropriate distribution of resources, scientific advancements help improve the quality of life for communities internationally. Applying what is traditionally “scientific” to communities gives them a chance to live a better quality of life in a cleaner environment.
It is available to educate the public about the vital role of science and encourage innovation to solve global challenges.
How Countries Can Get Involved
Beyond participating in IDSP, countries can have a role in unifying science and human rights through many different avenues. One route is to protect and invest in scientific diplomacy. By allocating funding to scientific innovation and multilateral collaborations, governments can ensure that they can focus on shared goals with their international counterparts, working collaboratively to promote peace and cooperation. Another route is developing policies that protect innovation while developing guardrails for its usage, ensuring it is mobilized to those who need it most. States have a responsibility to be an advocate and protectors of their citizens, and by working to ensure that scientific diplomacy is used for the betterment of people abroad, they can elicit change in a meaningful way.
INTL and MAST Students Visit US Department of State Source: GU Blog
How Citizens Can Get Involved
Citizens have a responsibility to promote peace with science, as well. The role of a community member is to primarily use one’s voice to advocate for innovation and peace; by doing so and mobilizing one’s own story, organizations are held accountable for their actions. From governmental entities, non-profit organizations, and grassroots movements, stakeholders are supported by the citizenry. It is also important to have open conversations to explore further the nuanced introspection of science, peace, and human rights, continuing to promote awareness and understanding.
What Are Institutions for People with Disabilities?
In this post, I focus on the institutions that were, and remain, facilities operating for the purpose of housing people with disabilities. The National Council for Disability (NCD) defines these institutions as “a facility of four or more people who did not choose to live together.” They summarize a report made by a consortium of self-advocacy organizations based on their experiences with institutionalization. The NCD list of criteria to define an institution, as synthesized from various self-advocacy groups, is that they:
Include only people with disabilities,
Include more than three people who have not chosen to live together,
Do not permit residents to lock the door to their bedroom or bathroom,
Enforce regimented meal and sleep times,
Limit visitors, including who may visit and when they may do so,
Restrict when a resident may enter or exit the home,
Restrict an individual’s religious practices or beliefs,
Limit the ability of a resident to select or remove support staff,
Restrict residents’ sexual preferences or activities,
Require residents to change housing if they wish to make changes in the personnel who provide their support or the nature of the support,
Restrict access to the telephone or Internet,
Restrict access to broader community life and activities.
Historically, these kinds of institutions have primarily included people struggling with mental health and people with intellectual or developmental disabilities.
What Were America’s First Institutions for People with Disabilities?
Mental institutions in America predate the reality of an American nation. The earliest hospital for the mentally ill, the Publick Hospital for Persons of Insane and Disordered Minds, was founded in Virginia in 1773. It was closer to a prison than what we would now call a hospital; patients were kept chained and shackled, physically abused, intentionally fed rotten food, and bathed in ice water. Inmates were rarely released. Many were placed or kept in prisons prior to or after their evaluation as being “insane.” This began to change in the 1840s; a new medical director attempted to use more humane approaches to treatment. Those included treatment that was consented to and largely removing chains and shackles.
The first modern institution for disabled people was founded by Samuel Gridley Howe in 1848 in Boston, Massachusetts. It was considered experimental, despite others’ previous endeavors taken elsewhere, but Howe had experience in a similar environment, having founded the Perkins Institution for the Blind twenty years earlier. A contemporary article sings praises of the institution. Despite that, the electronic catalog of annual reports by the institution, renamed the Walter E. Fernald State School, ends abruptly in 1973 with a report on identifying child abuse and neglect.
Small Victorian-era prison cell. Source: Yahoo Images
John F. Kennedy
John F. Kennedy (JFK) played an important role in the early reform of institutions for people with disabilities. Many people know that Kennedy’s sister, Rosemary, was lobotomized, leaving her permanently disabled and confined to a psychiatric institution. Lesser known is that Kennedy established the President’s Panel on Mental Retardation in 1961, the first government committee on the topic. The committee’s recommendations led to numerous regulations being changed and legislation being passed. One Panel member, Eunice Shriver, who was also Kennedy’s sister, went on to found the Special Olympics.
Institutions for People with Disabilities in Alabama
The first mental hospital in Alabama was the Alabama Insane Hospital, founded in 1859 and renamed to Bryce Hospital in 1900. Ricky Wyatt, at the time 15 years old, was committed by a court to Bryce in 1969. He was not mentally ill.
Wyatt’s institutionalization led to a widespread deinstitutionalization movement. His guardian, a former employee of the hospital, sued Bryce Hospital on his behalf. During the discovery process, Wyatt’s lawyers discovered numerous preventable deaths in the facility, as well as a complete lack of plans in case of a fire; there was no way to contact the Tuscaloosa fire department after 5:00 PM, and the fire hydrants on the property were decades old and incompatible with modern firefighting equipment.
That lawsuit, Wyatt v. Stickney (1972), was part of the beginning of a legal deinstitutionalization movement. It created a minimum standard for care at Alabama institutions for the mentally ill.
Willowbrook State School
Willowbrook was a state-funded institution in Staten Island from the 1940s until the late 1980s. The school was over its capacity in only a few years; in 1965, Robert Kennedy described Willowbrook as a “snake pit” with “rooms less comfortable and cheerful than the cages we put animals in a zoo.” The few changes that resulted from Kennedy’s visit were insubstantial and short-lived.
Another infamous incident in Willowbrook’s history was the hepatitis experiment conducted on the children in residence. The exact rate of hepatitis infection in children at Willowbrook is unknown; I have seen estimates ranging from 30% to 90% of children becoming infected during their time at Willowbrook. At the time, many specific details of hepatitis were unknown. Willowbrook had a local strain of hepatitis that was reputed to be less lethal than strains common elsewhere. Saul Krugman, funded in part by the U.S. Surgeon General’s Office, began conducting a study on hepatitis in Willowbrook – initially starting with an epidemiological focus, then shifting to a more involved study. Krugman intentionally infected 60 children at Willowbrook with the hepatitis virus by feeding them live samples of the hepatitis virus. Krugman “watched as their skin and eyes turned yellow and their livers grew bigger.”
Willowbrook left the public consciousness almost entirely until 1972, when Geraldo Rivera created a bombshell documentary that exposed the conditions at Willowbrook State School and institutions like it. In March 1972, residents’ parents filed a class-action lawsuit alleging violations of the constitutional rights of Willowbrook residents. Just three years later, as a result of the lawsuit, the Willowbrook Consent Decree created standards the institution would be Willowbrook open, however; Willowbrook State School formally closed “officially and forever” on September 17th, 1987.
Postcard of Willowbrook with a yellow label stating “Willowbrook State School”. Source: New York Public Library Digital Collection
Despite the promise made in the wake of the Willowbrook scandal, alumni are still mistreated today. In 2020, The New York Times published the results of an investigation conducted into recent abuses in a group home in New York where some Willowbrook alumni resided. They describe physical abuse and neglect, including injuries caused by scalding water, deaths caused by neglect, and ant infestations. The investigation made allegations against 13 employees, nine of whom still worked for the agency, and seven of those still worked in group homes at the time of the article’s publishing.
Institutions for People with Disabilities Today
In 2018, the Office of the Inspector General (OIG), along with other federal agencies, published a report on group homes, which have largely succeeded large institutions like Willowbrook or Bryce. They found that, in 49 states, health and safety procedures were not being followed.
“OIG found serious lapses in basic health and safety practices in group homes. OIG made multiple referrals to local law enforcement to address specific incidents of harm.”
Between 2004 and 2010, 1,361 people with disabilities died in Connecticut. 82 of those deaths were caused by neglect or abuse. The causes were found to be due to “abuse, neglect, and medical errors.” The OIG found that “State agencies did not comply with Federal waiver and State requirements for reporting and monitoring critical incidents.” These “critical incidents” include deaths, assaults, suicide attempts, and missing persons.
An older man in a wheelchair being escorted by a caregiver. Source: Yahoo Images
While we, as Americans, often like to think our country has advanced for people with disabilities, the reality is disappointing. Willowbrook alumni are still being abused forty years later. Group homes have been found to have widespread abusive and neglectful practices.
State Protection & Advocacy agencies exist as a legal protection for people with disabilities. In Alabama, the Alabama Disability Advocacy Program provides legal assistance to people with disabilities in cases involving civil rights violations and has the ability to investigate said cases in hospitals, group homes, schools, and any other facilities where abuse or neglect of people with disabilities occurs.
The Urdd and the IHR. Source: Institute for Human Rights.
by Sumaira Quraishi
On September 15th, 2023, the Institute for Human Rights (IHR) at the University of Alabama at Birmingham (UAB) and the Urdd, a Welsh youth organization, spent an afternoon together exploring human rights initiatives in Birmingham and the history of the Civil Rights Movement.
Dr. Tina Kempin Reuter, Director of the IHR, made opening remarks welcoming the Urdd delegation to UAB and facilitated introductions between the Urdd and members of the IHR team. Dr. Reuter then spoke on how the IHR is raising awareness of and advocating for human rights by making safe spaces to have open dialogues and hosting human rights advocacy conferences. Ms. Siân Lewis, Chief Executive of the Urdd, explained that the Urdd is the largest youth organization in the world and has been active for over 100 years. The Urdd’s primary objective is spreading a peace and goodwill message, with the focus this year being on anti-racism. The Urdd also aims to share the Welsh language and culture with others while learning about other languages and cultures around the world. The Urdd distinguishes itself in its anti-racism efforts through its “Galw Nhw Allan” (“Call Them Out”) motto, which encapsulates the Urdd’s desire to take substantive action against racism. In a video shown at the event, student leaders from the Urdd are shown describing the need to dismantle systemic racism through education to show the beauty and unity people’s differences bring to our communities.
Two members of IHR led the group in a privilege walk, an activity that involves asking participants to line up side-by-side with their eyes closed and take a step forward if they agree with certain statements, or take a step back if they agree with others. Examples of the statements read included “Take a step back if someone in your immediate family is addicted to alcohol or drugs,” “Take a step forward if you see people with your skin color in your local government,” and “Take a step back if you have ever had to skip a meal or multiple meals due to your financial situation.” At the end of the exercise, every person of color from the group was at the back of the room, and every non-person of color from the group was in the middle or front of the room. This exercise was done to highlight the various advantages and obstacles faced by people around the world and fostered a great discussion about diversity and inclusion amongst the IHR and the Urdd.
At the beginning of the meeting, members of the IHR handed out pieces of numbered paper to everyone in the meeting room. People with even numbers received a leaf to pin to their chest and people with odd numbers received a ribbon. After the privilege walk, everyone was asked to find a seat at tables decorated with pumpkins if they drew an odd number or tables decorated with scarecrows if they drew an even number. A short video on Jane Elliott’s “Blue Eyes/Brown Eyes” experiment was shown where Ms. Elliott divided her class by eye color and favored blue-eyed children one day, and brown-eyed children the next, giving each favored group more praise and privileges over the other group. The class soon adopted hateful and derogatory views of the out-group, bullying members of the unfavored group which was distinguished by brown collars tied around their necks. To simulate this experiment, two members of the IHR went around telling people with leaves pinned to their chests to get second helpings of lunch and engaging members of that group in conversation. Contrastly, the two IHR members ignored people with ribbons pinned to their chests and neglected to mention that those with ribbons could go and get second helpings of the food being served. The experiment was revealed after lunch was finished, to the surprise of the room which had no idea the simulation was being carried out. A short discussion followed on how discrimination affects people in real life and the unique challenges faced by people daily due to discrimination.
A tour of the IHR office space followed lunch and the Urdd delegation kindly presented IHR with a flag of Wales, a Cardiff University dragon plush, and Cardiff University silk scarves. Thank you to the Urdd for the thoughtful gifts!
The final event of the day was a screening of Four Little Girls directed by Spike Lee and a Q&A session with Michele Forman, Director of the Media Studies Program at UAB, who helped with the production of Four Little Girls. The film follows the events of the Civil Rights Movement in Birmingham, Alabama, and includes interviews with the families of the children killed in the 16th Street Baptist Church bombing in 1963. In the Q&A session after the showing, Ms. Forman described how every aspect of the film needed to answer the question “How does it help us understand what happened to the girls that day?”. A particularly impactful statement from Ms. Forman when asked what the rationale for using post-mortem photographs of the four children killed in the bombing in the film was that the destruction and exploitation of the Black body are used too much in media, but it was needed in the film to show that we will not move on from this tragedy and will not forget “what racism comes to bear on the Black body.” Thank you to Michele Forman for facilitating an insightful discussion of the film and the Civil Rights Movement!
Victims of the 16th Street Baptist Church bombing. Source: Yahoo Images.
The IHR is grateful to have had the opportunity to connect with the Urdd and looks forward to future collaborations!
Watch the full Peace and Goodwill message video here.
Poverty is a deeply rooted issue that affects countless individuals and communities around the world. In Kenya, it is no different. Despite its natural beauty and richness, Kenya faces significant challenges when it comes to poverty, particularly among vulnerable communities.
The high living standards brought by the new government of Kenya make the poverty issue more pressing. Everything is doubled. Tax is doubled, food is doubled, oil is doubled, women’s products price is now double the initial price.
Masai Market in Kenya; Source: Yahoo Images
One issue arising from poverty is limited access to basic necessities such as food, clean water, and health care. According to a United Nations Development Program report, approximately 36% of Kenyans live below the national poverty line. This means that millions of people struggle to afford even one meal a day, leading to malnutrition and adverse health conditions. Additionally, a lack of access to clean water and proper sanitation facilities further intensifies the spread of diseases, resulting in a higher mortality rate.
The UN World Food Program (WFP) assists many Kenyans who face food insecurity. Source: Yahoo Images
Another consequence of poverty is the limited educational opportunities available to children coming from disadvantaged backgrounds. Before the current government, a normal student at the university level was paying approximately 38 thousand Kenyan Shilling per year. Today the student pays 122 thousand Kenyan Shillings per year. Many families cannot afford to send their children to school due to financial constraints, resulting in a significant number of young individuals being deprived of basic education. The lack of education perpetuates the cycle of poverty, as individuals without the necessary skills and knowledge struggle to find stable employment opportunities.
The impact of poverty is also evident in the housing conditions experienced by vulnerable communities in Kenya. Slums and informal settlements are common in urban areas, where individuals live in makeshift shelters with little to no access to basic amenities. Unsanitary living conditions in these areas increase health risks and disease vulnerability.
A Student with school materials. Nyeri Primary School, Nyeri County, Kenya; Source: Yahoo Images
These challenges are not insurmountable, however. It’s important to note that while these issues persist, there are numerous organizations, both local and international working alongside the government of Kenya to tackle these issues and improve the overall well-being of the Kenyan people. Efforts such as community-based programs, microfinance initiatives, and educational campaigns have shown promising results in uplifting vulnerable communities and breaking the cycle of poverty.
To bring about lasting change, it is crucial for individuals, governments, and organizations to come together and address the root causes of poverty in Kenya. This includes investing in sustainable agriculture practices, promoting entrepreneurship and job creation, improving access to quality education, and providing support for health care and social welfare systems.
Parliament of Kenya; Source: Yahoo Images
In conclusion, poverty remains a critical issue in Kenyan society, affecting vulnerable communities in various aspects of their lives. By understanding the impact of poverty and actively working towards its eradication, we can create a brighter future for all Kenyans.
I would like to start this piece off with a land acknowledgment, where I acknowledge the truth of who the lands of America truly belong to. The land in which I sit to write this article, as well as the ones occupied by those who reside in America once belonged to the many diverse communities that existed long before America got its name. Once prosperous, thriving lands belonging to these various indigenous communities, (to the Creeks and Choctaw, in my case), the lands of America were respected and honored by the relationship that these various tribal communities held sacred between themselves and their environment. It is in honor of their stewardship and resilience that I hope to shed light on some of the more gruesome, nefarious betrayals they have experienced at the hands of colonizers from the time their tribal ancestors witnessed the colonizers’ arrival to their lands in 1492.
Before the European colonizers arrived on this land, there existed a diverse group of tribal communities, over a thousand different ones just in the mainland we call America today. Now, these tribes have been reduced to no more than 574 federally recognized ones, with dwindling tribal membership numbers, a fact that can only be blamed on the federally sanctioned behaviors of the colonists. So much has been stolen from the diverse groups of indigenous people since the colonization of the North American lands first began. The original indigenous peoples had offered the newly-arriving colonists hospitality and taught them how to cultivate the lands of America and brave the New Frontiers. Yet, what they received in gratitude was bloodshed, tears, death, and betrayals. So many treaties and promises were broken. According to Howard Zinn, the famous author of the book, “A People’s History of the United States,” the various indigenous communities that existed in the Americas by the time the famous explorers landed in the Americas were anywhere between 25-75 million individuals. They had moved into these fertile lands 25,000 years ago, long before the explorers “founded” the Americas. For those interested in learning a truthful history of America, please check out his book. The book begins in 1492 and continues to examine historical events until contemporary times and phenomena such as the “War on Terrorism”.
There is so much information to be covered on this topic, and the more I researched, the more I found. I want to do this topic justice, and I cannot do so until the historical context has been put in place. Hence, this will be a two-part deep dive into the Native American lands, their cultural lifestyles, their relationship with the environment, and what this means for their existence in a capitalist, contemporary society. Part one will focus on the history of Native American lands, the process of treaties and loss, and the cruel, scheming ways of the federal government that attempted to indirectly, yet forcibly, steal lands away from Native Americans by targeting the youngest members of their tribes. Part two will focus on the Indian Child Welfare Act, the fight (and entities involved) in support and against it, how the environment plays a role, and the vast consequences of the recent Supreme Court ruling on the matter, both in terms of the welfare of these indigenous children, as well as the issue of tribal sovereignty. There is a lot to unpack here, so without further ado, let’s begin with a deeper understanding of the relationship that indigenous communities share with their lands.
It’s All About the Land; It Always Has Been
Image 2 – Source: Yahoo Images; An image depicting the various indigenous tribes that were present in America before the European Settlers landed.
The European settlers had a problem with the Native Americans from the moment they landed in America. For one, they thought the indigenous way of life to be “savagery” and believed that the Native Americans needed to be “civilized”, something they believed only Europeans could teach them about. They found the gods and spirituality of the various indigenous cultures to be blasphemous and nonsensical, and many Europeans attempted to convert the Natives to Christianity, a more “proper” religious belief. Most of all, though, the Europeans and the indigenous communities had vastly different concepts of property and land ownership. To the settlers, who came from the feudal systems of Europe, land was a commodity, purchased and sold by individuals, and prosperity (and social status) was determined by who owned the most properties, and the most prosperous lands. They became lords and could employ the less fortunate to work under them, paying them a fraction of their profits, while keeping the rest for themselves. This was how things worked in Europe back home, and this is the system they brought with them when settling in the New World.
Native Americans, however, had a different lifestyle and concept of ownership. To them, the thought of owning a piece of land was bizarre, as they viewed the land to belong to the various energies and life forms that existed in the said land. The tribal lands of an indigenous community not only fed and nurtured the tribal members but also protected the tribe’s history and held the ancestral burials of their people. The indigenous communities had a spiritual and emotional connection with their tribal lands, one that cannot be sold to another, similar to how you cannot sell to someone else the relationship you hold with your family. Many (if not most), Native tribes even practiced animism, a belief system that accepts all living and non-living things (and natural phenomena) as being capable of having a life force (or soul). For Native Americans, land ownership was a foreign concept, and everyone that existed in their community held rights to the land their tribes lived on. In fact, when European settlers began purchasing lands from the Native Americans, the indigenous people believed they were only “leasing” the lands to the settlers, not giving up their rights to them. For the indigenous communities, the land was just as much a right of every human as sunlight, water, or air.
The Native Americans’ relationship with their lands was also threatening to the European lifestyle of land ownership and individualism. This struggle, between an individualistic view of community, versus the collective view of community, is, as they say, a “tale as old as time.” For Europeans, who believed individual merit and hard work to be the true characteristics of a successful individual, their success could only be displayed by the vastness of their empires, figuratively and physically. Hence, land ownership was a symbol of status and in a way, a testament of a person’s character. For Native Americans who focused on collective success rather than individually standing out, the strength of their tribe was a result of the part each individual tribal member played to ensure their success. This meant that everyone had a role, and if they played them right, everyone in the tribe benefited from the success. This was how tribes survived even as they warred against each other.
Treaties and Deals
Image 3 – Source: Yahoo Images; Many treaties such as this were brokered between various Indigenous tribes and colonists, yet they were seldom upheld and often violated or broken.
Due to these differences between the indigenous communities and the European settlers, many struggles broke out between the two groups between 1492 and 1700. In an attempt to keep the peace between the settlers and the indigenous communities, the British Crown established the Proclamation of 1763, which awarded the colonists all the lands East of the Appalachian Mountains, and everything West was promised to the various different Native American populations that lived in those regions. This did not make the colonists happy, as they believed the King was preventing them from expanding their population, and it was one of the points they listed in the Declaration of Independence as a wrong that was done by the King. Many scholars claim that the Proclamation of 1793 led colonists to pursue a revolution against the crown. The diverse indigenous populations attempted to stay out of the Revolutionary War, as they believed it to be a family feud between the British King, and his colonial subjects. Yet, when they did take part in the War, their participation was diverse. Some joined the rebelling Americans, while others joined the forces of the monarchy. Still, others chose to remain neutral, not wanting to support either side of the struggle. Upon the loss of the Revolutionary War, as part of the treaty signed between Britain and the newly established United States, Britain had to give up all the lands they lay claim to in America, including many of the lands that were promised to the Native American tribes living West of the Appalachian Mountains. This happened without consent or discussion with the Native Americans who took residence in those parts. When the colonists came to take over much of the lands that were promised to the Native Americans through the Proclamation of 1763, they justified their brutality against the Native Americans by blaming them for supporting the British in the Revolutionary War, and when the Native Americans tried to fight back for their lands, the British were nowhere to be seen. This was yet another episode of betrayal experienced by the indigenous populations at the hands of the settlers and the British Crown. Yet, this was just the beginning; the atrocities and betrayals were far from over.
Following the Revolutionary War and the as a result of the resilience shown by the many indigenous communities protecting their lands, the United States decided to engage in creating treaties between the various indigenous tribes in an attempt to set boundaries to their lands, and “compensate” them for the lands taken from them. I have “compensate” in quotations because first of all, no amount of money or goods can compensate for lost lives, which is what many tribes experienced. Some tribes became extinct as a result. Second, these treaties were signed by members who did not have signatory authority to give permission to the lands on the side of many indigenous nations, and Congress seldom ratified the treaties that were signed on the part of the United States. This meant that this was more of a theatrical expression than anything else, and the United States continued to steal the lands of indigenous people. Thirdly, as discussed above, many indigenous people who did engage in treaty-making assumed they were simply “leasing” their lands to be used by the colonists, not selling their rights to it outright. So, there was miscommunication and misunderstandings as to what the treaties actually established. Finally, the United States Congress and Supreme Court established that the indigenous tribes were not capable of engaging in treaty-making, and as such, ended the whole process altogether in 1871, claiming that Congress had full control over “Native American Affairs.”
Image 4 – Source: Yahoo Images; An image depicting the infamous Trail of Tears, where thousands of indigenous people were forcefully driven out of their ancestral homes and marched into Oklahoma.
In an attempt to fasten the process of transferring lands from Native American tribes to the hands of the government, the United States passed the Dawes Act of 1887. Many of the treaties that were made between the US and the various nations included provisions in which tribes were expected to distribute their lands among their members so that lands were held by individuals rather than the tribal entities as a whole. For reasons explained earlier, the settlers were threatened by the communal lifestyles of the Native American tribes and believed that having individual members have rights over smaller portions of lands would make it easier for them to accept the European lifestyles and give up their “backward” ways. The Dawes Act forced these indigenous members to choose a parcel of land for themselves and their families (the size of the parcel of land was determined by the government), and any excess amount of land after this process would be sold to the government to be used by non-native residents and corporations alike. Millions of acres of land were stolen from various indigenous tribes as a result. This essentially acted as a way to separate the individual Native American member from their larger tribe and weaken their sense of community and tribal sovereignty as a whole.
Since the end of the Revolutionary War, the United States government has made about 374 treaties with various indigenous nations across the country. The United States has either violated or fully broken nearly all of these treaties they created as a promise of peacekeeping. Many of these treaties that the United States obtained in the first place were either coerced or done so by forcible means such as threatening starvation on the communities that refused to sign the treaties. Of the various treaties that were violated and broken, one that comes to mind clearly for anyone even slightly familiar with American History is the actions of then president Andrew Jackson and his Indian Removal Act of 1830. Although he negotiated treaties with various tribes in the Southeast in an attempt to get them to move West of the Mississippi River voluntarily, when he became president of the United States, he passed the Indian Removal Act of 1830, forcibly removing almost 50,000 people from their homes. This forcible removal today would be recognized as a forceable deportation of a population, specifically as a crime against humanity. Under the United Nations Rome Statute of the International Criminal Court, this is one of the most heinous systematic crimes that has been committed throughout history. Jackson did this in an attempt to clear lands to cultivate cotton, which would lead to another atrocious event, the revamping of plantation slavery in the South.
History of the Forced Assimilation of Native American Children
Image 5 – Source: Yahoo Images; An image of indigenous children dressed in military garb posing with an adult at one of the boarding schools set up across the country in efforts to assimilate the children.
Another tactic used by the government to acquire lands from the indigenous populations was through further treacherous means. Native American children were forcefully assimilated into American culture in an attempt to beat/torture their culture out of them. The existence of the Federal Indian Boarding School System was proof of this very thing. Recently, an internal investigation was conducted of the United States government’s treatment of Indigenous children following the incident in Canada, where they found over 215 unmarked graves at a school in 2021. This report, led by Deb Halland, the Secretary of Interior, highlighted many nefarious ways in which tribal lands were stolen from different indigenous nations and the atrocities that were forced upon the children from these nations.
To explore some of the details outlined in this report, (specifically from pages 20-40), the plans of forcible assimilation have been put in place since the days of George Washington. This plan to forcefully erase indigenous culture and assimilate the children into Western culture was seen as the “cheapest and safest way” to steal the tribal lands, ensure a less violent relationship between the colonists and the Native Americans, and transform the tribal economy so they would be prepared to live off of lesser and lesser parcels of land. They found a way to weaponize education in order to accomplish this task.
Elaborating on George Washington’s proposal, Thomas Jefferson, the third president of the United States, put forth a 2-step solution to acquire more lands for the colonists. First, he argued that Native Americans could be forcefully assimilated into European culture, where they could be discouraged to live out a nomadic lifestyle (which requires the use of vast areas of land) and to adopt an agricultural lifestyle similar to the colonists (which can be done with a few acres of land that are cultivated). Second, he proposed that the United States place indigenous populations in debt by encouraging their use of credits to purchase their goods. This, he presumed, would make them default on their debts, and when they were unable to pay back their loans, they would be forced to give up their lands as a result. This land acquired by the government would be sold to non-native settlers, and the profits from these land sales would be put back into the education programs for forceful assimilation of native children.
Sanctioned by the United States government, indigenous children were kidnapped from their homes, whether they wanted to go to boarding school or not (with or without parental permission), and placed in these schools that were located far away from their tribal lands. The plan was to erase the relationship these children had with their cultures, communities, and lands, and instead instill individualism in the children who they were attempting to assimilate in the hopes that they could break up the communal lands into individual parcels, making it easier to be ceased by the government and private entities alike. They called it the “Indian Problem”, which was the different lifestyle and relationship tribal members held with their land and their community. Thomas Jefferson’s two-part proposal was seen as a “key solution” to this “Indian problem.” If the Native American children were forced to become dependent on agricultural lifestyles, they assumed, they could be “civilized.” The government believed that if you separate the children from their families and their tribal connections at a very young age, what they were introduced to would be all they knew, and they would become strangers to the indigenous lifestyles. In turn, the government assumed, the children would not want to go back home and live on the reservations, but instead, would be much more likely to assimilate and live amongst the colonists.
As a result, indigenous families were broken apart, and indigenous children were placed with white families as part of the “outing system.” This meant that the children were forbidden to speak in their native languages and were required to speak English to communicate their needs. What’s worse, they were placed with children from other tribes, meaning that their common language of communication was English, and any children they would have would grow up learning English as their first language instead of the tribal languages of their ancestors.
To support the government in this endeavor, many churches were given legal power over reservations by the government. The military was called in to reinforce the orders of these religious institutions. Many times, the government paid these institutions if they operated a boarding school, paying them a sum for each child. The churches went along with it because they believed that the indigenous way of “paganism” kept them from becoming “civilized” and to fully do so, the indigenous children needed to accept Christianity. The government worked with churches from many denominations by funding them to build the Federal Indian Boarding School System.
Treatment of Indigenous children in these boarding school systems
Image 6 – Source: Yahoo Images; An Image depicting three children before and after the assimilation process at the boarding school. On the left, the three children sit in their cultural garments, proud of their cultural identity. On the right, the same three children have had hair cuts, and been groomed (both physically and psychologically) to appear more Western.
The Federal Indian Boarding School System was problematic in so many ways. Not only did it forcefully assimilate indigenous children, but the system also took a militaristic approach to education, abusing and mistreating these children in the process. The living conditions at these Boarding schools were terrible. There was no access to basic health care needs, and diseases ran rampant across the schools. The children were malnourished, as they were provided with food and water of poor quality. There was an overcrowding issue, with many facilities forcing multiple children to share one bed as a result. There were not enough toilets to serve the number of children at each facility, and the toilets were not properly maintained.
The infrastructure in these facilities was so poor because they were not built specifically to house these children as facilities for education. Rather, these children were placed in abandoned government buildings or military forts to carry out their education. There was also the issue of child labor, where the children were expected to provide all the services required to run the facilities. This included looking after the livestock, chopping wood, making bricks, sewing garments to clothe the other children, working on the railway, cooking, and cleaning for the others in the facility, and so much more.
The children were expected to take care of themselves and the other children at the facilities. They were also tasked with work from various fields like carpentry, plumbing, blacksmithing, fertilizing, helping with the irrigation system, helping make furniture for use in the facilities (such as tables, chairs, and beds), and anything else that involved physical labor. These jobs the children were trained in would forever keep them at a lower socioeconomic level than their White counterparts. Here too they tried to instill the patriarchal norms of Western society, making sure to teach and employ young girls to work as assistants and cooks, while the young boys were expected to be farmers and industrial workers.
The Indigenous children were forcefully assimilated into American culture. They were told to stop practicing their faiths and were stopped from performing any spiritual and/or religious rituals. The children were expected to go by the English names they were given at the boarding school instead of their Native names given to them at birth. They were forced to cut their hair (which was sacred to many indigenous people as it represented their cultural identity), and were forbidden to wear their cultural clothes and instead were put in military garb.
Those who resisted the assimilation or tried to run away were caught and severely abused and punished. They were put in solitary, whipped, slapped, starved, and abused for fighting to retain their culture. Many of the older children at the facilities were forced to punish the younger children, further dividing the children, and destroying any opportunity the children may have had to band together to resist the assimilation forces. As a result of what the Federal Indian Boarding School System put these children through, there were over 50 marked and unmarked burial sites found. These burial sites had found over 500 indigenous children dead and counting, and these numbers are expected to rise to thousands more. Many indigenous children that survived these boarding schools are reported to have long-lasting impacts on their health and their lives. These children that grew up to be adults reported having higher risks for cancer, diabetes, and Tuberculosis. They experienced heightened mental health issues, and many remain in a lower socioeconomic class as a result.
Cultural Genocide
Images 7 & 8 – Source: Yahoo Images; This is a map that depicts how many indigenous members exist today, and what is left of their lands.
Many believe this forcible assimilation program conducted by the federal government to be a cultural genocide, in which a state-sanctioned attempt at the erasure of an entire culture took place. The official definition of genocide as established by the Genocide Convention in the Rome Statute of the International Criminal Court reads as follows: “…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group.” As per this definition, the acts carried out by the United States government against the children of various Native American tribes fulfill most, if not all these categories that define these acts to be considered genocidal. It is not a surprise that Native Americans have been killed by the federal government’s sanctions throughout history. There has been serious bodily harm and mental harm caused to members of these various indigenous groups throughout American history. The government deliberately placed young children in conditions of life that ensured their destruction as a member of the Native American tribe they each belonged to. The children within these facilities were not allowed to mingle with others from their own tribes, making it harder for them to retain and pass down their cultural identities, as well as procreate with members of their own tribe. Finally, they were forcibly taken away from their parents and placed in these facilities and other non-native homes in an attempt to erase their cultural backgrounds. All these actions, as was discovered by the recent report we explored at length in this blog, were done so with the intent to destroy the rich cultures of the various Native American tribes. So, the forcible assimilation of Native American children can, without a doubt, be characterized as cultural genocide.
The main goal of this blog was to establish the historical context of what the various Native American tribes endured, as well as the intentions of the federal government in terms of their dealings with the different native nations present in America. Part two of this conversation will focus on a specific piece of legislation that has gained a lot of attention in recent years, the Indian Child Welfare Act. At face value, this legislation is simply an act that addresses the long, detailed history of Native American children and sets guidelines to ensure that proper regulations are put in place to prevent a repetition of history. Yet, it’s now been challenged, partly with the help of very shady moneyed interest, and its fate (and the overarching consequences as a result) were placed in the hands of the nine Supreme Court justices of the United States. We will explore more about this legislation and the case in the next blog.
Human rights are dependent on the environment, and we can address many environmental rights issues to bring about a better world for all those who live on this green and blue planet that we call home. In this sense, environmental rights ARE human rights, and taking a human rights approach to address these environmental rights can close the gaps of inequality between the Global North and the Global South countries. I am dedicating a series to deep dive into this human rights approach to environmental rights. We began this series by focusing on how issues around food and water can be addressed with a human rights approach. This blog will focus on air, another essential need for all living things, and how issues surrounding access to clean water can be addressed with a human rights approach.
The Right to Clean Air and the Consequences of Air Pollution
Like food and water, the air is another resource that humans and other creatures cannot live without. In fact, the Earth’s atmosphere, along with the water found here, is a special phenomenon that enables the Earth to support life. The atmosphere acts as a barrier between the organisms on Earth and the sun’s harmful ultraviolet (UV) rays, that when consumed in large quantities, can lead to cancer and death. Even the water that exists on Earth depends on the atmospheric pressures, and the layers of the atmosphere allow for warmth to heat up our planet so that life can exist comfortably. While the atmosphere is life-giving, any minute changes to the atmosphere can have drastic impacts on all living creatures on Earth, including humans.
Layers of the Atmosphere
Source: Yahoo Images
There are many layers of our atmosphere, which are characterized based on their atmospheric temperatures. The four main layers are the troposphere, stratosphere, mesosphere, and thermosphere, in order. Further out is the exosphere, and the outermost layer is the magnetosphere. Understanding the different layers of our atmosphere, and the crucial roles they play to protect life on Earth can help us better appreciate the planet on which we live. The Troposphere is the layer closest to the surface, in which we exist. This is the layer that produces much of our weather patterns and contains 75% of all the atmosphere’s air. The temperatures in this layer grow colder the farther they are from the Earth’s surface, with temperatures varying based on the weather patterns.
The Stratosphere is the next layer, which exists above the troposphere, is 22 miles long and contains the most important element of our atmosphere, the Ozone Layer. The Ozone Layer is the layer within the stratosphere that absorbs the sun’s heat and radiation, filtering the harmful rays to make them safe for consumption by all living beings. In this layer, the air is colder closer to the troposphere, and the air is warmer as it increases in height, a consequence of the sun’s UV rays and their warming effect. In the 1980s, scientists realized that some of the chemicals we were using in refrigerators and in hair sprays (chlorofluorocarbons or CFCs), were causing the Ozone Layer to develop a large opening over Antarctica, exposing all the Earth’s organisms to the harmful UV rays of the sun. There was a global effort to end the use of these chemicals, and the Earth’s Ozone Layer is in the process of healing today. This healing process will take years, as a new UN study predicts that it will take another 43 years for the Ozone Hole to fully heal.
Next is the Mesosphere, which is where all the gases exist in a mixture rather than in specific layers. About 22 miles long, this layer is where the meteors and other objects from space burn up, a phenomenon we are familiar with as “shooting stars.” Above the mesosphere is the thermosphere, which captures much of the X-ray radiation from the sun, and the temperatures in this layer rise with height. This layer exists alongside the ionosphere, where the electrons from the layer’s atoms and molecules are transformed into positive charges due to the sun’s solar radiation. This layer is about 319 miles long, with temperatures reaching as high as 4,500 degrees Fahrenheit. The thermosphere is the layer in which the International Space Station is positioned, and the ionosphere allows radio waves to be reflected and absorbed, allowing us to make use of those radio waves to broadcast around the world.
Beyond the thermosphere is the exosphere, a layer that is 6,200 miles long, and considered to be the Earth’s outermost layer. Home to many gases such as hydrogen and helium, the exosphere does not have any oxygen to breathe. This is the layer that contains the satellites which enable us to use tools like GPS, weather monitoring systems, and other communication networks. As with all the other planets in our solar system, Earth has an outer shell, called the magnetosphere that is responsible for creating a magnetic field around the planet that interacts with the Earth’s iron core and is responsible for protecting our planet from solar flares, cosmic rays, and the impacts of solar winds. Scientists at NASA who study the magnetosphere’s complexity propose that Earth has the strongest magnetosphere than any of the other planets in our solar system and that this magnetic field is largely responsible for making the Earth habitable.
Greenhouse gases, air pollution, and global warming
Source: Yahoo Images
There are many gases that are present in our atmosphere. These gases include Carbon Dioxide, Methane, Nitrogen, and others. While these are gases that are naturally present in the atmosphere, an excessive amount of these gases can cause a greenhouse effect in the atmosphere. The sun warms up the Earth’s surface during the day, and as the sun goes down and cools the Earth’s surface, this heat is released back into the atmosphere. Yet, the greenhouse gases present in the atmosphere trap some of that heat in the atmosphere. This function is actually required for the possibility of life to be sustainable on Earth. Without this effect, the Earth would drop to unbearable temperatures as soon as the sun goes down. Unfortunately, when more and more of these gases are present in the atmosphere, it traps more and more heat on the Earth’s surface. This is exacerbated by the activities of humans, especially following the Industrial Revolution, as the amount of these greenhouse gases present in the atmosphere is increasing by the year.
Sources of Air Pollution and Their Health Impacts
Source: Yahoo Images
Anthropogenic (caused by humans) Source
There are many human activities that cause air pollution, trapping greenhouse gas emissions in the atmosphere. While I will not be able to list them all here, I have comprised a list that includes a few anthropogenic activities that cause air pollution, as well as a few natural occurrences that add to this issue. Some human activities that cause air pollution include various things like transportation, residential use, waste management, and more. Many industries add to the air pollution through the complex processes they use when converting raw materials into usable items to be sold. These processes not only release chemicals from the materials used but also release various gases from the burning of fossil fuels that is converted into energy and heat to be used during these processes. Various forms of transportation can also cause air pollution, from driving gas cars to flying jets. We regularly use large trucks to transport our goods across states, use large cargo ships to transport goods across oceans, and use airplanes to transport goods and people across the globe. All these vehicles release greenhouse gases, including its biggest polluter, Carbon dioxide (CO2), and Nitrogen oxide (NOx), both of which can be harmful to humans in large quantities. In fact, Nitrogen Oxides can cause respiratory issues, and damage the lungs.
Another source of air pollution comes from our personal use and commercial uses. For one, our personal use of motor vehicles adds to this issue, as well as our burning of coal, wood, or other sources of energy conversion that provide us with heat. We also release chemicals into the air with the cleaning products we use, the hair sprays and perfumes we use, and even in the cigarettes that are smoked by many people. In fact, smoking tobacco releases ten times more emissions than what comes out of a diesel engine. Smoking tobacco releases what is known as Particulate Matter (PM), which is made up of minuscule amounts of dust, smoke, soot, or other particles in the air, and is one of the most harmful pollutants to humans. Their microscopic size allows them easy access to our lungs, and sometimes even into our bloodstreams, flaring up respiratory issues, and eye irritation, and could even lead to lung cancer.
Source: Yahoo Images
Not surprisingly, another source of air pollution comes from our waste management practices, whether it be storing waste in landfills, or waste incineration to convert the trash into energy. Many of us simply use trash pick-up services without thinking too deeply about what happens to the trash we throw away. Much of our trash ends up in landfills, which are most likely to be located in impoverished areas, and near communities of color. These landfills are dumping sites for waste products, and although there are regulations and standards of waste disposal, much of the waste that ends up in landfills contain both hazardous and non-hazardous waste. These landfills not only produce stringent odors but also release greenhouse gases from these piles. Some of the waste that does not end up in landfills will be sent to be incinerated and converted into energy.
While this is better than storing waste in landfills, (as it is being recycled to be used as energy), the process of incinerating the trash releases further toxins and pollutants into the air, adding to the problem, even as it provides a solution. The United States parcels much of its trash to China to be incinerated there, and this is an example of environmental racism. This transaction of waste generated by the exceeding consumer culture in America was being transferred to China to deal with the consequences of eliminating the waste for us. We do not think about these instances, because our problems are shipped away across the oceans for others, who are less fortunate, to deal with it. Only recently has China stopped buying our waste, and as a result, this has caused a global issue of waste disposal.
Natural Sources
There are also many natural sources of air pollution, such as dust, forest fires, volcanoes, and more. I include agriculture in the natural sources even though it is a mixture of both anthropogenic and natural sources of air pollution. Cows, pigs, and other livestock release greenhouse gases, such as CO2, Methane, and Ammonia, through their bodily wastes. Heavy machinery, such as tractors and other farm equipment emit greenhouse gases from their exhausts. The use of pesticides and herbicides further releases toxic chemicals into the air.
Source: Yahoo images
Similarly, other natural sources of air pollution include natural disasters, such as volcanoes, forest fires, and tornadoes. When volcanoes erupt, they endanger the surrounding communities of living organisms with the hot-flowing magma. They also release toxins into the air, including volcanic smog and oxides that can cause acid rain. Forest fires also release pollutants into the air. When
You would not think that flooding impacts air quality, but this natural disaster also pollutes the air. Flooding unearths many creatures buried deep in the soil. Along with this, however, flooding causes molding of furniture, buildings, and homes. Many types of molds are harmful to humans, as they can cause respiratory issues such as asthma. These respiratory illnesses due to this natural disaster, as well as all the other anthropogenic sources of air pollution, have been amplified due to the recent pandemic. Coronavirus, a respiratory illness, has exacerbated the impacts of these conditions.
On the other end, severe droughts also can lead to an increase in air pollution. Droughts can lead to soil erosion, which can kick up dust into the surrounding air, increasing the PM amounts in the air. Droughts also dry up surrounding lakes and waterways on which dams are built to sustain the energy needs of local communities nearby. Without the functioning dams, people will likely burn more wood, coal, and charcoal for energy use, further adding to the air pollution. This air pollution can even impact the formation of clouds, and as a result, limit the precipitation coming from the clouds, leading to more droughts. This is a vicious cycle of drier and hotter weather leading to more of the same.
Apart from their cyclical nature, droughts can also lead to forest fires. When temperatures are hot and the land is very dry, this is the perfect environment for wildfires to thrive in. Trees catch on fire due to the surrounding conditions, and when these wooded areas are burning, it has an amplified effect of burning wood at home. This natural disaster releases toxic gases, and large amounts of PM, and the smoke can be very harmful for inhalation. Many areas like California, which suffer from wildfires almost every year, are evacuated during these disasters, as the smoky air is not safe to breathe in. This disaster is capable of uprooting entire communities, and the more it spreads, the more trees it takes with it. These trees, which absorbed much of the CO2 in the area are destroyed, further releasing larger amounts of the gas into the atmosphere.
Source: Yahoo Images
Finally, there is a phenomenon known as ocean acidification, that further exacerbates the issue of global warming and air pollution. The ocean absorbs much of the CO2 in the air, and through a complex chemical reaction due to the mixing of this gas with the seawater, the ocean itself becomes more acidic and the levels of carbonate ions found in the ocean decrease. These carbonate ions are an important element for the survival of coral reefs and other structures in the marine ecosystem. This phenomenon also heats up the ocean, further leading to the melting of ice sheets that support arctic wildlife and provide fresh water to the surrounding communities. Instead, these sheets are melting into the ocean, mixing with the saltwater, as a result, becoming unavailable as a source of drinking water. Along with this issue, the changes in the atmosphere, temperature, and environment lead to phenomena such as coral bleaching, which is when coral reefs are naturally bleached white, and become more vulnerable to diseases and death. Many species in the marine ecosystem rely on corals for food and shelter, and even we as humans rely on corals for our medicine and as protection from erosion. As there are increasingly large amounts of CO2 present in the atmosphere.
Human Rights Approach to Air
Source: Yahoo Images
Humans may not have control over natural disasters, but we do have control over our own actions and the impact they have on our surrounding communities and environment. There are some ways in which we can take a human rights approach to redesign our infrastructure and our society to reflect environmentally conscious lifestyles. Big industries, power plants, and sewage plants need a lot of energy to function, and this energy can be harnessed through renewable sources of energy instead of the current status quo of using fossil fuels. In recent years, solar energy, wind energy, hydropower, and wave energy are just some sources of renewable energy. A renewable source requires that it be both sustainable and self-sufficient, and while some of these sources of energy still have a bit of an environmental impact, it is not nearly as much as fossil fuels and other greenhouse gases do. Using solar energy, for example, requires solar panels that use lithium batteries which have to be mined for, but using solar energy eliminates greenhouse gas emissions from fossil fuel use, reducing air pollutants in the atmosphere, and as a result, improving the air quality. These renewable sources of energy are already available to us; governments need to step in and implement these infrastructures across the board.
When it comes to air pollution from personal use and commercial use, there are a number of ways to eliminate, or at least limit the number of pollutants being released into the air. As with large industries, solar panels can also be installed for use in homes and commercial buildings. Solar energy is abundant, as there is no limitation to the sun’s energy, and as such, provides a free source of electricity and heating that people in impoverished areas could benefit from, financially, as well as the health benefits they can provide. Instead of using harmful chemicals to clean with, we can make use of natural materials, (such as white vinegar) to clean with. Beauty products and hair products can be made with natural materials like rose water instead of harmful chemicals that are not healthy for us to inhale, and unhealthy to be applied on our skin.
Source: Yahoo Images
Another anthropogenic source of air pollution, transportation, can also be addressed with new technology. Hybrid cars have been on the market for decades now, which switch back and forth between fuel and electricity to run the vehicle. Newer models are available today that are fully electric vehicles, and as such, run solely on electricity rather than fossil fuels. This prevents the emission of toxic gasses into the atmosphere that is released from traditional car exhausts. The EPA reports that even accounting for the electricity required to charge the electric vehicles, and the manufacturing stages, EVs have lower emissions of greenhouse gases than gasoline and diesel vehicles. We as a society need to transition from these gasoline and diesel vehicles to using electric-powered vehicles for our transportation needs. Also, designing trains and buses that use electric power to run, and constructing the necessary infrastructure to be used broadly can also address the transportation shortages that many people in rural areas and the outskirts of urban areas face.
Finally, we can change some of our habits of waste disposal to be more conscious of our practices. We can be mindful of the waste that we are disposing of, by composting food wastes and recycling cardboard, metals, and plastics properly. We can demand more regulations on single-use plastics, and demand that companies find creative solutions for single-use utensils and tableware. For example, there have been historical practices in many parts of the world that have incorporated single-use tableware with an environmentally conscious framework by making use of leaves to create plates, bowls, and cups, and using coconut shells as scooping spoons. These products are organic, and as such, will be biodegradable, instead of plastics, which are very difficult to break down naturally. We also need to think of innovative ways to transform trash into usable energy without adding more pollutants into the atmosphere.
Source: Yahoo Images
If we cut down our activities in these areas, it will reflect on the severity of our natural disasters, and as such, have an indirect impact on reducing the air pollution caused by these natural sources.
In the upcoming blogs, we will focus on how infrastructure, the economy, our healthcare system, and even our technologies are impacted by the environment, and as such, impact our human rights as a whole.
Juneteenth has been historically celebrated by many Americans since the late 1860s, yet it is only recently that it has become mainstream. Today we focus on why that is, what Juneteenth celebrates, and how we can do a better job incorporating this holiday into our lives. Although it has been around for so long, Juneteenth was only recognized as a federal holiday on June 19th, 2021, following the summer protests of the Black Lives Matter movement in response to the brutality experienced by George Floyd at the hands of the law enforcement system. June 19th, or Juneteenth as it is known widely by those who have celebrated it since its founding, is the day we commemorate the abolition of slavery in America, freeing enslaved African Americans through the passage of the Emancipation Proclamation and the Thirteenth Amendment.
History of Juneteenth, The Emancipation Proclamation, and The Thirteenth Amendment
Image 2 – Source: Yahoo Images
The Civil War was one of the bloodiest wars that Americans have ever fought, and it lasted four long years. The war was between the Union, which was made up of much of the northern states above the Mason-Dixon Line, and anyone below that line seceded from the main country and swore loyalty to the Confederacy. The Mason-Dixon line, which was passed in 1861, was designed to be a compromise that allowed Southern states to continue to use slave labor in the South in their fields and farms, while the Northern states were moving to abolish slavery within their boundaries. While the North depended on their seaports and industries, the South primarily produced the cash crops like cotton, rice, and indigo, that were being shipped across the oceans and transported by railroads across the lands. There were a few border states in the middle that did not want to give up slavery in their states. Lincoln, recognizing that he needed those states in the Union to have a chance to win the Civil War, permitted them to continue to use slavery while being a part of the Union.
In an attempt to change the course of the Civil War and keep the nation from breaking into two parts, President Abraham Lincoln wanted to weaken the Confederate forces so the Union forces could be victorious. This, he assumed, could be done by targeting the Confederacy’s economy and economic infrastructure, which at that time, was primarily dependent on slave labor. President Lincoln issued the Emancipation Proclamation in 1863 as an executive order, freeing all the enslaved individuals in all Confederate states that did not yield to the Union troops. With the passage of this document, the South could no longer rely on unpaid labor, leaving them in financial turmoil and giving them no other option but to surrender to the Union troops. The document is largely believed to have abolished slavery entirely in America, but the reality is that this was a political move during a war by the President to ensure that the Southern economy would be devastated. This proclamation did not include the border states which were already part of the Union but were employing slavery in their states. This meant that the enslaved individuals in those border states continued to be enslaved. This proclamation also excluded those who lived in the southern states which had already surrendered to the Union, meaning that those who did not rebel against the Union were allowed to continue to use slavery as their economic system. What the Proclamation did, however, was transform the morality and cause for fighting the Civil War. The Civil War began over the question of whether slavery should exist or not, with the Vice President of the Confederacy delivering a speech declaring the sole purpose of secession to be the disagreement on slavery between the Union and the Confederacy. However, to President Lincoln, being victorious meant keeping the nation intact, and the abolition of slavery was an aftermath. Once the Proclamation was passed, many Americans were convinced that the war was being fought for the abolition of slavery in its entirety in the United States. The Proclamation even gave way for newly freed African Americans to join the Union army and help liberate their brothers and sisters in the Confederate states.
While the Union’s victory was generally a good thing for the progress of America toward equality among all people as it was first outlined in the Constitution, the Emancipation Proclamation was not the document to achieve this goal. Although it changed the trajectory of the Civil War, transforming the initial cause to keep the nation united, into a moral cause of abolishing slavery, it was not until the Thirteenth Amendment was passed that slavery was truly abolished in all the states of the nation. This Amendment, which had followed the proper channels of the Legislative branch, was passed right after the Civil War ended, and right before the rebellious states were admitted back into the Union. On December 6, 1865, the Thirteenth Amendment was officially ratified into the Constitution of the United States. Along with the Thirteenth Amendment, the passage of the Fourteenth Amendment, which granted citizenship to all formerly enslaved individuals, and the Fifteenth Amendment, which granted suffrage rights to African American men, altogether addressed the Civil War’s conflicts, providing a final Constitutional solution to the issue of slavery in America.
So, where does the term “Juneteenth” come from? Although the Emancipation Proclamation had passed in 1863 and the Thirteenth Amendment had passed in 1864, it was not until two months after the Civil War had ended, that many of the enslaved individuals in most Southern states had been made aware of their free status. On June 19th, 1865, two thousand Union soldiers arrived in Galveston, Texas to announce the freedom of all who were enslaved there, and the newly freed African Americans coined the term “Juneteenth” to commemorate the day they received independence and could be truly free.
The Continued Struggle for Freedom and Equality
Image 3 – Source: Yahoo Images
The end of the Civil War, the passage of the Emancipation Proclamation, and the Thirteenth, Fourteenth, and Fifteenth Amendments, were supposed to be the official end to slavery in America, but many scholars have pointed out that slavery only transformed into a modified system. These scholars highlight issues with the wording of the Thirteenth Amendment, which states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The amendment abolished slavery in all instances, except as a punishment for crimes, and the Reconstruction Era, which followed the end of the Civil War, took advantage of the loophole in the Thirteenth Amendment. In the 1890s, legalized segregation became the new normal. The South had faced a lot of loss, both to its infrastructure as a result of the war, as well as its economy (primarily held up by slavery), due to the freeing of their enslaved laborers. Additionally, many white southerners also were not ready to accept the newly freed African Americans, who they did not view as equals.
The infamous Jim Crow laws were proposed as a solution to all of the White Southerners’ problems with the outcome of the war. These laws were made to criminalize as many newly freed individuals as possible, to re-enslave them in the prison systems, and force them to help rebuild the nation, as they had once done under slavery following the Revolutionary War. The Jim Crow laws criminalized such things as being unemployed, not bowing to white people while walking on the streets, drinking from a “Whites Only” water fountain, and many other harmless, everyday actions that displeased any white residents of the area. Many times, lies were told about African Americans simply to land them in prisons and put them to work. These laws were designed to be a criminalization of blackness.
Image 4 – Source: Kala Bhattar; An image taken at Sloss Furnaces in Birmingham, Alabama
This was also the time when Convict Leasing systems began, where imprisoned individuals would be leased to businesses and the state to work as laborers for whatever positions they needed to be filled. This could be working on farmlands, working with heavy machinery, or even in coal mines. Our own Sloss Furnaces, the famous Steel and Iron plant that transformed Birmingham from a small town into the large city it is today, made use of Convict Leasing as well. To read more about the history of the prison systems in America and in Birmingham, as well as details about the convict leasing programs, click here.
The exception in the Thirteenth Amendment has today led America to have the highest rate of mass incarceration in the world and has given way to the Prison Industrial Complex. America houses only about 5% of the world’s population, yet the mass incarceration rate is so large that 20% of the world’s prison population is made up of Americans alone. This is not only unjust, costly, and inefficient, it also shares its roots in the racist history of America’s founding. Many of those who end up in prison are disproportionately people of color, which speaks to the systemic racism present within our institutions. What’s worse, many of the people held in local jails have not even been charged with any crimes. They are awaiting their trial, too poor to post the high bail amounts. Still, others have lived out sentences for crimes they have never committed. This atrocious list goes on and on with injustices, yet a simple solution is to cut down on our incarceration rates. One reason why this is more than an issue of criminality can be determined by looking at the Angola Prison in Louisiana, a plantation farm that operates as a state penitentiary, with their prisoners in chains (like enslaved individuals of the past), officers on horseback (like overseers on the plantations), and the farmland that they are expected to till, harvest and package food for the rest of the community. Until white supremacy and racist ideology continue to exist in America, so too will these unjust forms of oppression, clouded by the legal cover provided to them by the justice system.
Image 5 – Source: Yahoo Images
These facts are bleak but necessary for everyone to understand, so as to be conscious of the continued struggle for true equality in this country for African Americans, and others who have dealt with oppression throughout the history of this nation. Many people think that slavery died following the Civil War, or that it was “more than 200 years ago, so what can we do about it?” Yet, the reality remains that slavery never died, but only transformed into a modern, industrialized version of the same system, which now incorporates a wider umbrella of people to oppress. Juneteenth is not only a celebration of the resistance, courage, and triumphs over oppression by people of our past, but also a day to come together and address the new forms of oppression we face in society today. It is a continuation of the legacy of freedom, equality, and justice started by those before us.
Importance of Juneteenth
Image 6 – Source: Yahoo Images
Juneteenth was officially recognized as a holiday in Texas, which was the first state to do so in 1979. It has recently been recognized as a federal holiday since 2021 after President Joe Biden signed the Juneteenth National Independence Day Act. Juneteenth is a day to celebrate the shared history of African Americans, but also the progress towards peace, freedom, equality, and justice. Fredrick Douglass, a famous orator, author, and abolitionist, in 1852, had famously asked his audience in a speech he delivered on July 4th, what Independence Day meant for those who were enslaved in America. Juneteenth is the true Independence Day for many people who recognize the hypocrisy of the Founding Fathers, who fought the Revolutionary War for “freedom” while enslaving African Americans and stealing lands from the Native Americans. Juneteenth is a time for the rejuvenation of culture among a group of people whose cultures were stolen from them, and all that they were left behind with are their shared ancestry and shared histories. This day is a day to instill a sense of community despite those hardships and losses. Juneteenth is also a time to reflect on the past, rejoice in the resilience and solidarity of those who fought for this freedom, and discuss current events and how to best approach them moving forward. Juneteenth is a day to learn from the past, live gratefully in the present, and prepare for the future.
How Is It Celebrated and Who Can Celebrate It?
Image 7 – Source: Yahoo Images
There are many ways to celebrate Juneteenth. Many cities hold parades and festivals, with local black-owned businesses and food trucks as vendors for the event. These events might include prominent guest speakers and workshops on various topics each year, based on the community’s needs and wants. Others celebrate the holiday by holding potlucks, family gatherings, and backyard barbecues for a more intimate celebration with family and friends. If you want to celebrate Juneteenth but are not comfortable engaging in community activities, there are many things you can do in the comforts of your home, or with friends and family members as well to honor this day. For one, you could learn about the history of Juneteenth. If you are reading this article, then good job, you are already celebrating it!
You can educate yourself about the history of slavery, the Civil War, the Emancipation Proclamation, the Thirteenth Amendment, and any other topic that you might not be too sure about as it pertains to Juneteenth and why it is important to celebrate it. You can do this by going to a museum near you, like the Legacy Museum in Huntsville, which is a great historical walkthrough from the times of slavery to mass incarceration today, or the Birmingham Civil Rights Institute, which focuses on a detailed history of the Civil Rights movement that took place in the heart of Birmingham. You can watch a documentary about these topics, including “The 13th” on Netflix, which takes a deep dive into the loophole of the Thirteenth Amendment that gave rise to the mass incarceration crisis we face today. You can listen to a podcast, like “Deliberate Indifference“, a podcast by Mary Scott Hodgins that focuses on the local Birmingham history of policing and provides details about convict leasing practices in Alabama. You could read literature written by Black authors, whether they be informational, like “Medical Apartheid” by Harriet A. Washington, or fictional like the short story, “Recitatif” by Tony Morrison. You could support Black-owned businesses, locally or online, such as buying your books from a Black-owned bookstore or going out to eat at a Black-owned restaurant. You could educate others about the importance of Juneteenth, including your friends, family members, and even co-workers. As an ally, you can maybe pick up a shift for your Black friend who may want to celebrate Juneteenth with their family, or if you are someone in a supervisory position, you could give a Black co-worker the day off to celebrate Juneteenth. Encourage and empower your Black friends, family members, or co-workers, to feel comfortable to share their opinions and voice their concerns. You could even volunteer at any local Juneteenth event to help make the events successful!
Local Juneteenth Celebrations to Attend
Image 8 – Source: Yahoo Images; An image of the Birmingham Civil Rights Institute, where they host a Juneteenth celebration every year, and spread the festivities to all in the Birmingham community. On their Juneteenth celebration day, admissions to the museum are free so that people in the community (and visitors from other places) can learn and appreciate the local Civil Rights history that took place in the heart of Birmingham
There are many local events that you can attend to celebrate Juneteenth in Birmingham, Alabama. Here are a few that might be of interest:
Juneteenth: The Cookout, hosted by the Birmingham Civil Rights Institute on June 17, from 10 am-4 pm. There will be food trucks, live entertainment, a children’s village, tournaments, food competitions, genealogy workshops, and even a free tour of the museum!
Juneteenth Social is hosted by the UAB Black Alumni network at the Southern Kitchen Roof Top Bar on June 17th from 7 pm to 11 pm. Tickets are $25 each, and the proceeds go to the Kappa Delta Omega Psi Phi memorial scholarship for incoming African American Male students.
Second Annual Juneteenth Freedom Celebration, hosted by The Lifting As We Climb Foundation on June 18th, from 2 pm-9 pm at the Arlington Historic House in Birmingham. There will be food, fun, education, entertainment, and fireworks, and the tickets start at $20 for early bird tickets and $25 for general admissions. Bring small tents and lawn chairs, and be ready to eat from the food trucks on site.
Juneteenth in the Magic City 2023, hosted by Simone’s Kitchen ATL, on June 18, from 4 pm-10 pm at the Club M Compound. There will be food trucks, vendors, live bands, fireworks, African dances, and various other entertainment. Tickets start at $15 for Early Bird tickets and $20 for general admissions.
Juneteenth Pop Up Art Exhibit, hosted by Studio 2500 on June 16, at 6 pm for all the artistic, creative folks. Admissions start at $10 per person, children under 13 are free, and tickets can be purchased online at their website. They will have food, music, and an open mic, so bring lawn chairs and your own beverages, and take in the creations of our fellow Birmingham local artists and performers.
Juneteenth Open Mic is a virtual event being held on June 19th to highlight musicians, poets, hip-hop artists, and other Black artists who would like to participate. If you are a local artist and you would like to increase your followers, this is the event for you. If you just want to show up virtually to support local artists, you can do that to buy going to their website and purchasing tickets to vote. Tickets start at $10, whether you are performing, a part of the audience, or even a vendor. Again, this is a virtual event, so all you need is your laptop and internet!
However you choose to spend the day, make sure to be conscious of what Juneteenth represents to you and to those around you, and together we can actively, and intentionally work to make our world a better place for future generations!
Source: Yahoo Images; An image of waterfalls, an important water system that helps filter the waterways.
Human rights are dependent on the environment, and we can address many environmental rights issues to bring about a better world for all those who live on this green and blue planet that we call home. In this sense, environmental rights ARE human rights, and taking a human rights approach to addressing these environmental rights can close the gaps of inequality between the Global North and the Global South countries. I am dedicating a series to deep dive into this human rights approach to environmental rights. We began this series by focusing on how issues around food can be addressed with a human rights approach. This blog will focus on water, another essential need for all living things, and how issues surrounding access to clean water can be addressed with a human rights approach.
Uses of Water
Source: Yahoo Images; A pie chart showcasing how much freshwater and saltwater there is on Earth.
Similar to food, water is also another resource necessary for all living creatures, including humans. Organisms need water to survive and function, even in the driest places on Earth. Humans need water for survival, not just to quench our thirst, but also to cook our food, and clean ourselves and our spaces. To maintain this modern civilization we live in, humans also require water for various industrial purposes, including watering the crops we consume, providing water for the livestock that we make use of, hygienic purposes, and even washing the clothes we wear. In fact, water is required for industrial use as well, including in the clothing and textile industries, mining industries, the process of oil drilling, and many more. Not having access to clean water can cause illnesses, rashes, and even death, both to humans and the organisms that live in areas with unclean water.
Although this planet is made up largely of water, it is a natural resource that is limited. Its limitations come from the fact that 97% of the water found on Earth is contained in the oceans, which are made up of salt water. Saltwater is unsafe for consumption because our kidneys are not capable of filtering all the salt out of the water, and as a result, drinking it can have the opposite effect you want to achieve, including dehydration and eventual death. Only 3% of the water found on Earth is freshwater and safe for consumption. This 3%, therefore, is what is used for all of our personal, industrial, and agricultural needs, and this same 3% also has to be shared with the many creatures we live alongside on this planet. Even still, much of that 3% of fresh water is also frozen in the form of ice caps and glaciers or contained in the atmosphere and soils. So, in reality, we only have about 0.5% of the Earth’s water source for all of our needs and those of our fellow Earth dwellers.
Consequences of Using Unclean Water
The current way we treat our water supplies and our environment can have drastic impacts on our lives, the lives of other organisms, as well as the future of this planet. We have seen what happened in Flint Michigan and Jackson, Mississippi, and the struggles the individuals in those places are going through just to be able to have clean drinking water. For those who are not familiar with these incidents, from 2014 to around 2016, residents in Flint, Michigan were consuming water that was polluted with lead. This occurred due to the negligence and carelessness of the local government, which failed to treat and test the river water. The Flint River, which was the major source of drinking water, was polluted due to the high industrial usage along its coasts and was also polluted by agricultural usage, sewage from the waste plants, and even pollutants from the nearby landfills. This incident caused health issues among the residents, and incredible levels of lead were found in consumers, including the city’s children. Something similar occurred in Jackson, Mississippi, and this issue is ongoing even today. The issues of busted pipes during cold-winter days, and the leakage of sewage among other things, were listed as the cause of the Jackson water crisis. In both these cities, many of the residents are people of color, and this has larger racial implications for the issues of access to clean and fresh water (which will be covered in later parts of this series).
Average Water Consumption
Source: Yahoo Images
All this does not even include the wasteful nature of water consumption that we in the Western nations have normalized. To put things into perspective, for each minute we spend showering, we are using 2.5 gallons of water. So, for a 10-minute shower, that is 25 gallons of water that are used. Each time we flush the toilet, we use 1.6 gallons of water, with older toilets taking as much as 3.5 gallons a flush (or even 5-7 gallons a flush for toilets made before 1985). When washing clothes in the washer, Americans use over 40 gallons of water per load. Washing dishes by hand uses another 20 gallons of water per load while washing dishes in an efficient dishwasher uses around 4 gallons. This does not include the water that is used to water the lawn, household plants, or other uses like cooking food and cleaning the house.
Negligent Water Practices – Sewage Systems, Bottled Water, and Environmental Water Disasters
Our waterways are not only impacted by chemical leaks and our water consumption but also by the way we process our human wastes and that of our livestock. Agricultural runoffs happen when sediments containing chemicals, bacteria, and manure runoff into the nearby waterways from heavy rains and flooding, causing an increase of nitrogen and phosphorous in the waters. Too much nitrogen and phosphorous in the waters can be very harmful to marine life because these elements cause an increase in algae growth, a process known as eutrophication. This may not seem so bad, but too many algae in the water can block the sunlight and oxygen from reaching the organisms on the bottom layer of the water. This in turn leads to hypoxia, a condition where the oxygen levels in the water decrease and can cause the death of many marine organisms. Similar to agricultural runoffs, human sewage also has high levels of nitrogen and phosphorous, and any leaks from sewage treatment facilities and other industrial factories that use similar chemicals can further threaten marine biology. For more information about water insecurity in America and how the sewage system exacerbates this issue, click here.
Another wasteful practice we engage in as humans are our production and consumption of bottled water. For one, the process used to make single-use plastic water bottles releases over 2.5 million tons of carbon dioxide into the environment every year. Additionally, the process uses 17 million barrels of oil to meet the consumer demands for these plastic bottles. After consumption, the water bottles are rarely recycled, resulting in the addition of 38 billion water bottles to landfills. 10% of all discarded plastics end up in the ocean, a threat to aquatic life. Furthermore, consuming water from plastic bottles comes with its own health consequences, including the bioaccumulation of microplastics in our systems. Many companies also use a type of plastic (#7) that contains bisphenol A (BPA), which has many health concerns associated with them, including diabetes, heart conditions, developmental issues, and fertility issues, and can even lead to cancer. This type of plastic is actually banned in many nations around the world but is still allowed in the US.
In addition to all these issues, the water bottle industry is also a perpetrator of human rights violations, with Aquafina, Dasani, and Nestle, being the largest water bottling companies in the world. Bottling companies transform a free, naturally available resource, into a profit-making commodity. In the process, they are actually harming the water sources in the locations in which their manufacturing and bottling occur, forcing the people that live in those areas to consume bottled water, not as a choice, but as the only source of clean water available to them. For those who cannot afford water bottles, water insecurity becomes a daily reality from which they cannot escape. The insidious part of this issue is the fact that many of these bottling factories exist outside of Western nations, in countries such as India, Fiji, and other underdeveloped nations in which the residents cannot (or do not have the resources) to fight back against these corporations, an approach that can only be characterized as environmental racism. For those factories that do exist within Western nations, they are predominantly located near neighborhoods of color. The CEO of Nestlé faced backlash in 2013 for announcing that water is not a human right, but a product to be privatized and sold. This privatization of water denies these local communities the right to use the resource for their own residential, industrial, and infrastructural use, and further exacerbates their conditions of poverty and water insecurity.
Anthropogenic (caused by humans) activities have caused many of our ecosystem services to be polluted, including our water sources. We as humans have allowed many chemicals to leak into the waterways, sewage, and other waste products to run off into the streams and have done a poor job taking care of our groundwater, aqueducts, and aquafers. There has been recent news of chemicals from the train derailment in Ohio entering the waterways and causing local residents to become sick. Last year, there was a story about the US military leaking jet fuel, contaminating the waterways in Hawaii. Much of the nuclear waste we produce gets stored in containers underground, and these containers cannot hold radioactive waste for too long. At times the contents seep out, polluting the groundwater. The Ogallala Aquifer, one of the world’s largest aquifers that serves much of Central America, has been threatened by the installment of the Keystone XL pipeline, which is an oil pipeline, that if it bursts, can pollute the entire aquifer, contaminating the water used by people across eight states. These are just some of many incidents in that we as humanity have failed to protect our naturally occurring ecosystem services, which, if we had to recreate, would cost us trillions and trillions of dollars.
Water is a Human Right
Source: Yahoo Images; An image of the water cycle
Along with food, water is also listed as a human right in Article 25 of the UDHR. Although water is considered a renewable resource, it is a limited one. The reason water is considered a renewable resource is because of the water cycle, which is the various steps of a cycle the water goes through, (evaporation, transpiration, condensation, precipitation, and runoff) that recycle the water that we use. Evaporation happens from the major bodies of water, when the heat transforms the liquid water into a gaseous form. Transpiration happens in forests and plants, when water moves through the plant into the atmosphere, to move nutrients and cool the parts of the plants that are exposed to the sun. Condensation occurs when the water evaporated into the air ends up filling up the clouds, changing the water vapors into a liquid form again. Precipitation is what comes next when the collected vapors fall back onto the ground, such as rain, snow, or ice. This precipitation is dispersed in many ways, from the waterways to the land. Finally, runoff refers to the water flow on the surface level, below the surface level, or even into the depths of the Earth. Simply put, runoff is water that has not been soaked into the soil. Yet, while on paper, water seems to be a renewable resource, in practice, water is polluted in many ways. Due to the current human lifestyles, clean water has become a limited resource, and our continued negligence on this subject will only exacerbate this issue.
The Threat of Water Wars and Water as a Human Right
Climate change is impacting everyone around the world, but disproportionately. The Global North benefits from an abundance of resources while the Global South, in many ways due to the history of imperialism, suffers the consequences of the Global North’s actions. Many people in the Global South face water insecurity on a daily basis, and this will only get worse as the Earth continues to warm up. By 2030, many countries in the warmest parts of the world will be uninhabitable. Apart from this, due to the rising temperatures, many of the bodies of water on Earth are drying up, further exacerbating the water issues already present. There are already feuds between China and India over the Brahmaputra River, one of the largest rivers in Asia.
One way to personally address this issue is to be mindful of our water usage. Yet, this alone will not be enough to address this problem on such a large scale. Countries around the world have to come together and find creative solutions to ensure that clean water is made accessible to everyone equally. This can be done through strategies that incorporate green infrastructure. In doing so, the strategies used to address these issues need to be inclusive of everyone, including being respectful of Native Americans and their many uses of water. Additionally, access to clean water does not just mean the ability to have clean water but it should also be affordable, regardless of where you live. In fact, water is one of those essential needs for every human being, and as a result, should be free, or nearly free to everyone. Finally, everyone should be educated on the various uses of water, and the need to maintain its cleanliness.
Perhaps, recently, you have seen TikToks, videos, or news broadcasts discussing the ongoing protests in Paris. If you are not sure what is going on, do not fright. In this blog, I will discuss this topic and hopefully help bring to light what the current French demonstrations mean.
What is Article 49.3?
(source: yahoo images)
Before we can get to discussing the protests in Paris, we must first talk about a crucial fact about the protests: the fact that they started due to a feature of the French Constitution. Article 49.3 of the French Constitution, put lightly, allows the government to push through a piece of legislation without the approval of France’s lower house of parliament, the National Assembly.
This legal maneuver is completely legal and has been in practice since 1958, when it was introduced by Charles De Gaulle. Despite this, many French citizens see Article 49.3 as undemocratic. This is not a surprising assertion, as using Article 49.3 forgoes one of the most rudimentary components of democracy—votes.
However, the government is not completely unchecked. After Article 49.3 is used, lawmakers who oppose the published legislation have 24 hours to file a no-confidence motion against the government. A one-tenth majority amongst the lawmakers in the lower house is required for the motion to go to the floor where it is debated. For the next couple of days, debate and voting about the bill will take place amongst the politicians.
For the no-confidence motion to succeed and reject the bill, it must get an absolute majority of votes. That is, more than half of the lawmakers must vote to reject the bill pushed forward by Article 49.3. If the motion does not get an absolute majority, the motion fails and the bill remains.
Notably, successful no-confidence motions are rare in France. The reasoning for this is that a successful no-confidence bill not only stops a bill from being enacted, but removes the Prime Minister and Cabinet from office (the president remains). Due to this, many lawmakers who are loyal to their higher-ups in government may hesitant in voting in favor of the no-confidence motion, as it will end up “toppling” the government.
Interestingly, since Article 49.3 was legitimized in 1958, only one successful no-confidence motion has ever passed. It was in 1962.
The Protests
(source: yahoo images)
Now that we have constructed an understanding of the French legal system, we can look into exactly what has sparked protests and how Article 49.3 was involved.
On March 16, 2023, France’s president, Emmanuel Macron, pushed a bill via Article 49.3 that raised the retirement age in France from 62 to 64. This sparked widespread protests in Paris, the capital of France, as citizens deemed this move by Macron to be undemocratic. Allegedly, Macron used Article 49.3 because he calculated that his bill would not pass if it went to the National Assembly. Interestingly, it has been reported that this move was an unprecedented move by Macron, as even members of his own party urged him not to invoke Article 49.3.
As has been aforementioned, after Macron’s move, citizens took to the streets of Paris and began protesting. Garbage fires, road blockages, and even graffiti were some of the things conducted by the protestors. In fact, the protests were so widespread at some point that visitors arriving at Charles De Gaulle, France’s biggest airport, were unable to order rides into the city as roads were blocked.
Therefore, it ought not to be surprising that lawmakers instantly filed a no-confidence motion against Macron and his bill. However, after debate and deliberation, the no-confidence motion was unsuccessful, which falls aligns with the motion’s typical fate. On March 20th, the motion was voted on and only received 278 votes out of the 287 votes required to nullify the bill and unseat the government.
Moving Forward
(source: yahoo images)
What the failure of the no-confidence motion means, we have yet to find out. However, what we do know is that moving forward, the bill proposing the change in the retirement age from 62 to 64 will become law. Currently, protests are still ongoing in Paris. Whether or not they will continue, we have yet to find out. Moreover, what lawmakers will do about the fact that their constituents are protesting a bill is also unknown.
However, this series of events in France has raised a meaningful question: how much authority do the people of a nation have over the government? Should the people dictate how the government is run? Does government reflect the people, or do the people reflect the government?
Empirically, it seems that the majority of the French oppose this bill. Yet, despite this, it was not only enacted by their president, but it failed to be overturned by lawmakers. However, if there is one motif the French have instilled in history, it is the motif of representation of the people. One only needs to look to the French Revolution, and all of the many revolutions afterward, to be remained of the fact that the French take pride in their nationality, and will simply not rest until the government reflects the ideals of the people.
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