Tag: minority rights

Thailand’s Uyghur Crisis: A Decade of Detention and Desperation 

Forty-eight Uyghur men have been held in detention facilities throughout Thailand for more than ten years. Trapped in a diplomatic limbo that perfectly captures the clash of international politics, human rights violations, and the suffering of an oppressed minority. These men, who are members of a Muslim ethnic group from China’s Xinjiang province that speaks Turkic, left their country in search of safety from systemic persecution. But rather than escaping to safety, they now risk being forcibly deported back to a government notorious for its cruel treatment of Uyghurs. 

150 Uyghurs and supporters protested in Berlin after July 2009 Ürümqi riots.
Image 1: 150 Uyghurs and supporters protested in Berlin after July 2009 Ürümqi riots. Source: Claudia Himmelreich, Creative Commons

Who Are the Uyghurs? 

The northwest Chinese province of Xinjiang is home to the Uyghurs, who are an ethnic minority whose population is predominately Muslim. International human rights organizations have repeatedly reported serious violations in Xinjiang, such as forced labor, mass detentions, cultural erasure, and even accusations of genocide. The so-called “re-education camps” in China have imprisoned more than a million Uyghurs and subjected them to psychological abuse, forced sterilization, and indoctrination. 

Many Uyghurs have left China in search of safety, often going across Southeast Asia in dangerous conditions. Thailand’s close proximity has made it a popular transit country. However, many Uyghurs have been held in overcrowded facilities indefinitely instead of being granted refuge. 

Thailand’s Role: A Decade of Detention 

Nearly 350 Uyghurs, including women and children, were detained by Thai police in 2014 under the pretense of being “illegal immigrants.” Some, most notably the forty-eight men, were left behind in Thailand. Others were later sent to Turkey, a country that shares cultural and theological similarities with the Uyghurs. The individuals detained in Thailand have suffered horrendous conditions in prison over the years, with no access to healthcare, sunlight, or legal protection. 

When Thai authorities forced the captives to sign “voluntary return” forms in January 2025, their situation worsened. In a desperate protest against their protracted incarceration and impending deportation, the Uyghurs refused to comply and on January 10 began a hunger strike. 

Fears of Refoulement 

Human rights organizations are incensed by the idea of sending these men to China. The cornerstone of international refugee law, the principle of non-refoulement, would be broken by such acts, according to Human Rights Watch and other groups. Countries are not allowed to send people back to places where they risk threats of torture, cruel treatment, or persecution under the principle of non-refoulement. 

There is little uncertainty on the fate of deported Uyghurs given China’s history in Xinjiang. Prior examples have shown that repatriated individuals are subject to substantial prison sentences, forced confessions, and immediate detention. “Deporting these men to China would be a death sentence. Thailand must resist political pressure and prioritize human rights.” said Elaine Pearson, Asia Director for Human Rights Watch, urging Thailand to honor its international obligations. 

Thailand’s Political Calculations 

A larger battle to achieve a balance between national policies, international commitments, and geopolitical influences is seen in Thailand’s treatment of the Uyghur captives. Thailand has historically refrained from ratifying the 1951 Refugee Convention due to worries about illegal immigration and sovereignty, and the nation’s dependence on Chinese commerce and investment makes it more difficult for it to stand firmly against Beijing. 

Despite widespread outrage, Thailand deported 109 Uyghurs to China in 2015. Chinese state media aired videos of deportees arriving in shackles and clearly distressed. The incident showed the impact of China’s global reach while also drawing harsh criticism from the UN and other international organizations. 

Uyghur children in old town Kashgar, China.
Image 2: Child’s play – Uyghur children in old town Kashgar, China. Source: Sherpas 428, Creative Commons

Hunger Strike 

The severe physical and psychological effects of indefinite incarceration are brought to light by the ongoing hunger strike. Hunger strikes, which represent the captives’ desperation, have long been used as a nonviolent protest tactic. Prolonged hunger strikes can cause organ failure, permanent health problems, and even death, according to medical professionals. However, for many Uyghurs, the risks of being detained or deported forcibly are greater than the risks of protesting. 

The detainees’ relatives have pleaded with Thai authorities to step in. In an impassioned appeal, a relative of one detained stated, “They are not criminals; they are victims… Sending them back to China is the same as signing their death warrants.” 

International Responses 

The plight of Thailand’s Uyghur prisoners has drawn attention from throughout the world. Foreign governments and advocacy organizations have called on Thailand to free the inmates and give them safe transportation to third countries that are prepared to take them in. Turkey is still a possible destination because of its sizable Uyghur diaspora. These attempts are complicated, however, given political tensions between Beijing and Ankara.  

International human rights standards are being broken by Thailand’s ongoing detention of the Uyghurs. Even though Thailand is not a member to the Refugee Convention, the UNHCR has reminded it of its duties under customary international law to prevent refoulement. 

Broader Implications 

Thailand’s Uyghur crisis is not an isolated event; rather, it is a part of a wider trend of Southeast Asian nations facing refugee challenges. Regarding their handling of Uyghur asylum seekers, Malaysia and Indonesia have also come under fire, frequently pointing to Chinese diplomatic pressure and domestic security concerns. 

Furthermore, Thailand’s actions established a concerning precedent. Global human rights frameworks are weakened if strong countries like China can apply enough pressure to compel weaker states to violate international rules. It also calls into question how international organizations hold nations responsible. 

A Path Forward 

The ongoing crisis calls for immediate action to protect the rights and lives of the detained Uyghurs. Here are some thoughts on how they should proceed: 

Release and Resettlement: Thailand should release the detainees and work with international organizations to facilitate their resettlement in third countries willing to accept them, such as Turkey or Canada. 

Strengthened Legal Protections: Thailand should consider ratifying the 1951 Refugee Convention and its 1967 Protocol, thereby aligning its policies with international human rights standards. 

Increased International Pressure: The global community, particularly Western nations, should intensify diplomatic efforts to prevent deportations and ensure the detainees’ safety. 

Monitoring and Transparency: Independent observers should be granted access to monitor the conditions of Uyghur detainees in Thailand to ensure compliance with human rights norms. 

Addressing Root Causes: The international community needs to hold China accountable for its actions in Xinjiang, addressing the root causes that force Uyghurs to flee their homeland. 

Looking Ahead 

The situation of the forty-eight Uyghur men who are being held captive in Thailand serves as an alarming example of the human cost of international indifference and geopolitical scheming. Unless Thailand and the international world step in, these people, who escaped unspeakable oppression, now face a bleak future. Respecting the values of refugee protection and human rights is not only a moral obligation but also a test of our shared humanity. 

There is, nevertheless, hope for a solution that puts human rights and international collaboration first, even though the situation is still grave. Thailand can establish a standard for treating refugees humanely and solidify its standing as a responsible global actor if it takes the appropriate actions. The future of the Uyghur captives is in jeopardy, but a fair resolution is hopefully achievable with enough advocacy. 

Human Rights Concerns About the 2024 Austrian National Council Elections

The recent National Council elections in Austria, held on September 29th, saw the rise of the Freedom Party (FPO), as they won a plurality of the total vote and overtook the current administration in support. This far-right party has maintained moderate support since its founding in 1956; however, in the past few years, it has seen both a sizeable shift towards conservatism and a significant uptick in support. While only 28.8% of the total vote was garnered, this was more than the Austrian People’s Party’s (OVP) 26.3%, which, up until this election, held the most parliamentary seats. This electoral success has increased FPO representation in the National Council, now having 57 out of 183 total seats. While it seems unlikely that the party will be able to form a coalition and thus achieve a majority in government, this victory still raises questions regarding minority rights and foreign policy and warrants concern due to Austria’s history with far-right regimes. This rise in conservatism also follows a general shift to the right among European countries, making Austria and its surrounding states worthy of monitoring. 

A crowd of Austrian citizens rally together in support of the Freedom Party.
Image 1: Austrians rally in support of the FPO. Source: Yahoo Images

Austrian Government: Structure and History

Structure 

The Austrian government is a parliamentary system, meaning the percentage a party gains through voting directly translates into representation in government. Similarly, the country is home to numerous political parties, meaning multiple political platforms can receive representation. Considered the backbone of the Austrian government, the National Council is where bills are developed into laws before being passed over for Federal approval. It has a total of 187 seats. Having multiple platforms represented means that parties rarely receive an outright majority, forcing movements to coalesce or form political alliances with one another. This way, legislation can be passed quickly since a majority is held. This system allows for accurate representation of the country’s political views; however, without some sort of coalition, the government might not be able to agree on policies, thus leading to a stalemate. 

Impacts of Modern History

Modern history plays an important role in Austria’s political landscape of today. During World War Two, Austria was ruled by the Nazi regime after being annexed into the German Reich. Under this leadership, discriminatory legislation was codified, subjecting Jewish and other minority groups to grossly inhumane treatment. Following the war, the country came under Allied occupation, ultimately leading to its independence in 1955. During this time, Austria declared itself a neutral nation and was generally center-right in social and economic policy. It was also around this time that the FPO was founded by a former Nazi officer.  However, the policies were regarded as fitting the center-right norm. Since then, the FPO has slowly gained national recognition and pushed itself to the right, blossoming throughout the 1990s and early 2000s. 2017 showed the biggest jump in support with the FPO forming a coalition with the OVP, causing a noticeable shift to the right within the government, especially regarding views on immigration, Islam, and Austria’s role in the European Union. Though this coalition ultimately collapsed two years later, this period led to a normalization of right-wing and discriminatory rhetoric, setting the path for increased support of the FPO.

Image 2: Herbert Kickl stands in front of a crowd of supporters, all holding pro-FPO signs.
Image 2: FPO leader Herbert Kickl stands amongst supporters. Source: Yahoo Images

FPO: Policies and Potential Implications Regarding Human Rights

Anti-Immigration 

The FPO has taken a strong stance against immigration, with its party manifesto claiming that “Austria is not a country of immigration.” The party argues that by minimizing immigrants within the country, taxes can be lowered while still maintaining social welfare programs, going along with its proposal of welfare attached to citizenship. Furthermore, the FPO has shown interest in deportation, lowering accepted asylum claims, and banning new immigrants from entering the country based on family unification. Party leader Herbert Kickl has also shared his belief that migrants who “refuse to assimilate” should lose their citizenship and be forced out of the country. This anti-immigration attitude is additionally concerning when considering the refugee crisis occurring within Europe. The war in Ukraine, civil war in Syria, and earthquakes in Turkey have led to a dramatic increase in asylum claims throughout the continent. Limiting immigration can have detrimental effects on refugees seeking safety, basic necessities, and better living conditions for themselves and their families. 

Islamophobia 

The FPO has uncharitable views on Islam, claiming it will pass a law to ban so-called “political Islam” and utilizing the slogan “Home, not Islam” during its campaign. This follows a general rise in Islamophobia throughout Austria, with an increase in anti-Muslim-related attacks in the past year, and anti-Muslim policies being implemented in 2015. These policies are argued to have violated Austria’s right to religious freedom, as they banned the use of Islam-related foreign funding and increased state surveillance over Islamic institutions. 

Kickl’s proposed ban on political Islam continues Austria’s pattern of violating its citizens’ constitutional right to religious freedom and gives the government more power to legally carry out anti-Muslim acts. 

Gender and Sexuality

The FPO holds extremely conservative views on issues regarding gender and sexuality. The party is against same-sex marriage, writing out in its manifesto that “We are committed to the primacy of marriage between a man and a woman as a distinct way of protecting child welfare.” The movement also hopes to codify the existence of only two genders in the constitution, exclude transgender athletes from participating in sports competitions, and ban the public use of gender-inclusive language. Harmful rhetoric has also been utilized by the campaign, deeming increased representation and inclusivity of LGBTQ+ members as “propaganda” and “indoctrination.” This is part of a broader agenda to reinstate traditional gender norms and conservative family values. The passing of such discriminatory legislation would further marginalize members of the LGBTQ+ community, limiting their personal autonomy and ability to freely navigate their lives. 

Foreign Policy

One key component of the FPO’s foreign policy revolves around its skepticism of the European Union, believing the institution holds too much power over signatory countries. In July 2024, the party joined Patriots for Europe, a far-right European Parliamentary group. This movement is supported by various right-wing parties found around the EU. Its platform is centered around weakening the authority of the EU and takes a strong stance against illegal immigration and the implementation of and adherence to the European Green New Deal. Similarly, the FPO is against providing aid to Ukraine on the premise of its 1955 commitment to neutrality. It also rejects the EU’s sanctions on Russia. These ties go back further than Russia’s invasion of Ukraine, with evidence showing that FPO leader Herbert Kickl might have ties to Russian intelligence agencies. These behaviors show a turn away from the commitments of the European Union and alignment with other Eurosceptic countries.

Austrians manage a table asking citizens to sign a petition for Austria to leave the European Union.
Image 3: Austrian citizens take signatures to exit the European Union. Source: Yahoo Images

Kickl Controversies

Party leader Herbert Kickl has also been part of numerous controversies, raising questions about the intentions of the FPO and his ability to coalesce. One major issue has been his use of Nazi rhetoric, with his team labeling him as “Volkskanzler,” meaning “people’s chancellor,” a term used to describe Hitler during his reign. Similarly, Kickl gave a speech in which he accused centrist politicians of “Volksverrat,” or “treason against the people.” Again, this term was often used by Hitler and the greater Nazi regime. Kickl has also verbalized his support for the Identitarian Movement, a platform that, at its core, argues for the upholding and protection of white supremacy. He has also utilized hateful rhetoric specifically targeted toward the Muslim community. Throughout his time in politics, he has argued that Islamist fundamentalists should be deported, that hijab-wearing should be banned, and that anti-Semitism within Austria is the fault of Islamic teachings and not due to their Nazi history. Kickl has also been vocal about his opposition to vaccines, claiming COVID-19 vaccinations are “a genetic engineering experiment.” 

Due to his countless controversies, the OVP is not seeking a coalition with the FPO, making it unlikely that Kickl and his party will reach a majority within the parliament. While this may ring true, the rise in Kickl’s support highlights the normalization of discriminatory and science-reluctant rhetoric throughout the country, along with aligning with a broader shift towards conservatism within Central Europe as a whole. 

Conclusion 

Though it is unlikely that Kickl and his party will gain a majority within the parliament, the ability of this far-right movement to gain a plurality signals a broader shift in the country towards conservatism. Not only this, but it highlights the normalization of harmful rhetoric against minority and historically mistreated groups. While FPO’s influence might be limited, the situation in Austria warrants being monitored due to its past with extremist regimes. Similarly, this follows a trend towards conservatism among other European countries, such as Hungary, Italy, Slovakia, and the Czech Republic, which might also have serious implications regarding the commitments and authority of the European Union.

Geography’s Facilitation of Injustice

In studying human rights, it is important to consider the factors that play a role in facilitating injustices. What makes it so easy for governments to displace thousands of people or allow its citizens to live among and ingest chemical waste for decades at a time? I have seen too many instances that could have been avoided, so let’s look at why they were not. This week, I took a deep dive into the geographical landscapes of injustice across the globe and how they play a role in facilitating nation’s violations of human rights practice.

Sudan and the Merowe Dam

My last post focused heavily on South Sudan and how the absence of positive peace practices made way for an influx of human rights violations. After further research, I found that Sudan has a history of these violations which are made more frequent by both the sociological and geographical makeup of the landscape. A study performed in 2013 by Kleinitz and Näser looks at the political narrative versus the narrative told by those on the ground, and the contradictions are astounding. The geographical landscapes in South Sudan have allowed for the government to marginalize and violate certain groups’ human rights, and despite the constant outcry for emphasis on positive change through NGOs like Amnesty International, the instances persist.

In the late 1980s, the Sudanese government devised a plan to construct the fourth of a multi-dam project, the Merowe Dam, along the Nile River meant to expand Sudan’s power grid, pushing promises of sustainability to all citizens. Despite financial issues, Sudanese officials rallied monetary support from outside countries, mainly China, and construction began in the early 2000s. Although the dam was meant to be a major technological advancement, the initiative received major pushback from locals who had been settled along the edge of the dam for decades. An effort and fight to preserve their cultural and physical heritage ensued. The government was not swayed. After years of protest met with violent and at times fatal state oppression, tens of thousands of Sudanese began to be forcibly displaced with thousands being killed in the process.

Sudan woman sits on edge of twin bed frame in flooded area

Geography cannot be ignored in this case. As the study states, those that were settled by the edge of the damn were communities of lower-class, peasants and farmers of the Sudanese society who had settled along the Nile decades before to be close to natural resources as agriculture was their main source of livelihood. As the resettlement continued, Sudanese settled along the site of the new Merowe Dam were moved to areas with little or no sanitation, the government decided what was to be salvaged and their homelands were flooded for a project that would ultimately experience several failures.

Regardless of what the reality of the situation was on the ground, the Sudanese government continued to push the Merowe Dam project as a success for the nation. Narratives of the aftermath and on the effects of the dam are strongly led by officials on the socioeconomic level that allows them to live downstream (the area of the Nile unaffected by the negative outcomes of the resettlement). The story is all too familiar and can be found in other instances of time and place across the globe.

The Bhopal Gas Disaster

Another unfortunate but applicable example of geography facilitating human rights violations is the Bhopal disaster that occurred in India the night of December 2nd, 1984. This case is devastating and never receives the coverage it deserves. Bhopal, like many other cities, is divvied up geographically by caste and class, which proved to be extremely unfortunate for some on the night of December 2nd. More than 40 tons of methyl isocyanate, a deadly gas, leaked into the city of Bhopal that night from a nearby Union Carbide factory. Coincidentally, the heavy gas settled in the city and had a deadly effect on lower-class citizens living in the valleys of Bhopal while upper-class citizens literally at a higher altitude slept through the night, most unaware that anything had taken place. At first glance, the case of the Bhopal disaster looks like a simple accident, but a closer look at the socioeconomic makeup of the city and continued violations tells us a different story.

Woman holding a sign in a crowd that reads "30 years is enough! Justice in Bhopal now!!"

I had the opportunity to talk with a survivor of the Bhopal disaster, Bixit Di, via Zoom during a Human Rights course this semester and find out more about how families were and still are being treated on the ground all these decades later. Those who lost loved ones and experience lifelong medical issues because of the Bhopal disaster are still receiving limited healthcare or acknowledgement from the government that knowingly put them in harm’s way. During a mute effort to relocate survivors of the disaster, Indian government offered inexpensive land plots to survivors and their families, knowingly exposing them to both soil and water reservoirs contaminated by the seepage of methyl isocyanide into the surrounding area. The fight for justice is still ongoing today.

Birmingham Redlining

Now let’s look at our city. Are geographical landscapes shaping any of the rights violations we see today or in the past? Of course! I have stated that it’s a global issue, so let’s take the time to sweep in front of our own front doors for once. The history of Birmingham’s geography is quite complex and heavily racially charged. In the 1930s, the United States began the illegal practice of Redlining (a term that refers to mortgage companies denying loans for homes in lower class or POC neighborhoods). Redlining was originally put in place to keep African Americans and other minorities from home ownership, but the practice had lasting effects on the geography of our city that can still be seen today.

Map of Redlined neighborhoods in Birmingham, AL, 1930
Map of Redlined neighborhoods in Birmingham, AL, 1930

Areas like Collegeville, Tarrant, Eastlake, Ensley and Mason City are at the heart of locations for Redlined neighborhoods during the 1930s. All these neighborhoods have a few things in common: they are majority POC, close vicinity to an industrial plant (whether active or inactive), and a recurrence of low income, marginalized households. The Environmental protection groups have issued several cases against Bluestone Coke, a company that has for years, despite inoperable ovens, been leaking toxic waste into the soil and waterways of these neighborhoods. Comparisons can be found across these cases both in the lack of attention they are receiving on a global scale as well as how geography facilitates the violation of human rights specifically as it pertains to articles 3, 6, 7, 22 and 25.

Infamous ABC Coke plant spits fire from its furnace in Tarrant, AL

Geography and landscapes have been used in the past and are unfortunately continuing to have negative effects in the present that actively violate citizen’s rights as listed in the UDHR. Some examples I have covered from around the globe include methods of forced resettlement, environmental injustice and health hazards as well as discrimination and lack of protection from government for marginalized groups. By acknowledging both the past and present effects of these landscapes and the power that they represent, small moves can be made toward big change starting in cities like ours.

Femicides in Mexico

By Abigail Shumate

Content warning: This blog contains references to violence and murder.

Introduction

The femicide crisis in Mexico can be best exemplified in the quote, “What is happening in Mexico is a gigantic tragedy, a humanitarian catastrophe”—a statement made by Lucy Diaz Genao, a representative of Colectivo Solecitos (Sunshine Collective). Colectivo Solecitos is a group of women searching for their disappeared relatives, known as madre buscadoras.

Genao is not overstating her concern for the issues in Mexico, as every year more and more people, mostly women and children, are reported missing with little to no action done by government officials to find them. Every day, approximately ten women are murdered, resulting in a staggering 3,754 deaths in 2022. These deaths are rarely investigated as femicide, with less than a third of them given the proper acknowledgment that they deserve. Not only are they not presented as femicide, but they are also often presented as accidental, with manslaughter being the most frequent classification. It is possible that this misrepresentation is done so that the Mexican government can downplay the severity of femicide within the country. There are countless factors perpetuating the violence against women in Mexico, with some of the major reasons being cultural machismo, domestic violence issues, and a flawed justice system.

 

Image Description: A large pink banner with "En Busca De Nuestros Corazones" and "Madres Buscadores" written across the middle. There are many images of disappeared people. Source: https://www.flickr.com/photos/filguadalajara/53368996982/in/photolist-2pj34HD-2pj8EbH-2pja1kA-2pj34so-2pj34n8-2pj9iQb-2pja1gc-2pj34eC-2pja2pQ-2pj9ZZR-2pj9ZCt-2pj7GEv-2pj8Ept-2pj8EkA-2pj34Fu-2pj33ZQ-2pj8DJf-2pj9hM9-2pj34qz-2pja1rx-2hS7sD8-2nmdgdT-2pj8Dww-2nmdg8H-2nmdgpE-ULdzFe-UUkAHs-UXQmFc-TFsA3Q-TFswrS-UUkBAu-UXQnGF-UXQozT-TFsyG3-2nmdgiH-2nmdco6-ULdAX2-2nm7Utq-2nm7U3L-2nmdcJ6-2nmfHX7-2nmfHM2-2nm7UmM-ULdAcV-2nmeqmr
Image Description: A large pink banner with “En Busca De Nuestros Corazones” and “Madres Buscadores” written across the middle. There are many images of disappeared people. Source: Flickr

 

A Flawed Justice System

The flaws in the justice system are numerous, with some major problems being insecure crime scenes and the removal of objects that could be evidence in cases. One specific occasion of this is with Diana Velázquez. Velázques was killed after numerous brutalities were committed against her—both physical and sexual—and then her body was abandoned by a warehouse. The investigation was quickly mishandled when Veláquez’s body was misidentified as a man. This is obviously problematic in many ways, one of which is that Veláquez’s family could not find her for some time. When she was finally found, she was heavily decomposing on the patio of a morgue. While these factors are more than enough to emphasize the missteps within the justice system, the mismanagement of the case does not end there. Authorities lost Veláquez’s clothing, which was vital in collecting DNA and identifying her killer. Her family got minimal closure, and because of the flaws in the investigation, only one suspect was apprehended and convicted.

This is one case out of thousands as the violence against women comes in shocking waves. The crimes are handled so poorly that it incentivizes individuals to continue committing acts of violence. It is vital for the Mexican government to take a firm stance against femicide and provide more cohesive measures to prevent and punish the murders.

Gender-based violence is not new in concept; however, femicide is new in terms of legal codes in Mexico, and it was first made a distinct crime category in 2012. This demonstrates progress, but the negative implications of it being so recent are numerous. For one, there is little uniformity in this classification, so many femicides may go undocumented as such. The incorrect documentation of the crime underemphasizes the problem, and it encourages those in law enforcement to put less focus on the roots of the problem, like machismo culture and domestic violence.

 

Machismo Culture and Domestic Violence

Mexico’s machismo culture is another large factor attributing to the abundance of femicides in the country. Machismo is “the set of ideals and beliefs that support the notion that men are superior to women. Men…must protect the vulnerable, usually by exercising control over women.”. This forces women into a more subordinate role and allows men to enforce their dominance. Gender discrimination leads directly to gender violence, and gender violence rooted in patriarchy has been increasing steadily every year.

A national survey disclosed that 70.1% of women in Mexico have experienced violence, and 39.9% of that violence came directly from a partner. Intimate partner violence is prevalent in Mexico, and it is on the rise.

Women are stuck living in fear, as their perpetrators are often given minimal sentencing if prosecuted at all. Domestic violence perpetrators are given much lower sentencing than those who commit murder or femicide, so women are often left to face their abuser after the sentencing.

These gender biases amongst judges and prosecutors also lead to victims gaining little to no protection. Described as “institutional neglect” by journalist Gloria Piña, Piña laments, “There are no legal consequences for killing women, [and] the State will do nothing to financially take care of victims.” This state-based discrimination dissuades victims from coming forward, as it will often just result in angering their significant other. Exorbitant fines prevent women from speaking up, so why waste money on a legal process that will result in no justice?

Unique Violence of Femicide

Femicide needs a significant increase in attention from law enforcement and government officials; however, it is not overlooked by the general public. There are major demonstrations throughout the country, happening at least once a week. There are also annual marches honoring International Women’s Day in March. Women have been participating in strikes to fight against gender-based violence in Mexico, but we need the government to intervene.

 

Image Description: two young women in focus at a rally, they both have hand-prints painted on their faces. Source: https://www.flickr.com/photos/184872354@N06/49744059692/in/photolist-bvih4W-L7qA6s-bJd2CZ-rtVfi-5Gvdrf-bvifid-msHvZf-5Gvebb-bJd3bi-2iMHiTA-5nbunA-Rv5kgm-5bmxVs-2jMPAzM-3nZVsB-3SjzVp-2n6feqc-88Azi1-reiTKY-dxQ5cQ-LXb8H-2mU6nVk-26aHZ5b-8fvme5-2no2GWj-JyCGn-2iDjNBF-JuCLL-EHCSU3-Mi2FQ-Mie1p-289k67S-dJNo8E-851QJj-p1u8en-pXdCza-ccTJp-DuVsb-47NUiQ-87LHmC-5uwQAe-5GvdWY-wmoY8-sykhY-9LbV1H-XCjT85-DwPGi-9skWQv-7c3j33-QQM7Zn
Image Description: two young women in focus at a rally, they both have hand-prints painted on their faces. Source: Flickr

 

The homicide rate in Mexico is high, but femicides are uniquely violent. Most killings in Mexico are done with a firearm, but only 21% of femicides are committed with a gun. Most are done by strangulation, suffocation, drowning, knives, and other brutal acts. This emphasizes the personal nature of femicide, and it illustrates how men are able to commit these crimes in more intimate ways, as many of them live with the woman they end up murdering.

Conclusions

The brutality of femicide brings all the elements discussed in this post together—it begins with the machismo culture of Mexico. This allows men to feel superior to women, which leads to physical violence against them. This physical violence is forceful and personal, and they are allowed to get away with these actions because of the flawed legal system in Mexico.

Protection for women and children is the first step. If women are guaranteed safety or even provided more security than they are now, the magnitude of gender-based violence will be better able to be understood as more women come forward. A more cohesive jurisdiction will help women not only feel safer but get the closure that they need and deserve. It is time to place emphasis on women’s rights in Mexico, and it is time to bring an end to the brutal killings of women.

The Unrecognized Effects of the Opioid Crisis on Native Americans

by Abigail Shumate

A Brief History of the Opioid Crisis

Beginning in the late 20th century, opioid prescription rates skyrocketed in shocking numbers, and in just over ten years, opioid sales quadrupled. With the introduction of OxyContin into everyday life and medication sales, an opioid that was falsely advertised as non-addictive, as well as pill mills across the United States, millions of people fell into a deadly addiction. As people lost access to prescription opioids, they often turned to more illicit drugs, such as heroin. This was worsened by the prices of heroin going down, making it much easier for people to afford large quantities of the drug. The use of heroin is often looked at as the second wave of the drug crisis, and heroin deaths surpassed prescription drug deaths in 2015. The third wave of the opioid crisis is where we currently reside, and it is characterized by overdose deaths related to synthetic opioids, such as fentanyl.

Connection to Native Americans and Alaskan Natives

The opioid epidemic has been heavily discussed in the past few years; however, it has been occurring for even longer. Opioid usage affects most groups; however, its large-scale detriment to minority race and ethnicity groups is frequently ignored. Native Americans and Alaskan Natives (here referred to as NA/AN) are disproportionately affected by the opioid crisis, and this discrepancy is ignored by many critical groups.

American Indians have the highest drug overdose death rates, and these rates are not stagnant. The CDC reports that overdose deaths have increased by 33% within the last several years. This pattern of drug abuse and overdose is not isolated to adults, as NA/AN youth also struggle with the use of unauthorized prescription painkillers, with some reports showing as many as 11% of high school students using painkillers without explicit orders from their doctors.

There are many factors that cause NA/AN groups to be affected more heavily than other groups, and these include historical trauma, lower educational attainment, lack of easy access to healthcare, housing problems, poverty, unemployment, violence, and mental health issues. In this post, I will choose to focus on two main reasons: lack of easy access to healthcare and mental health issues caused by lost connection to culture.

Health Disparities in NA/AN Communities

NA/AN groups have serious healthcare inconsistencies that must be addressed for these communities to gain adequate support during the opioid crisis. The Indian Health Service (IHS) is a group that provides care to over 2.2 million people, but it is severely underfunded by Congress. As this is one of the main organizations providing healthcare access to NA/AN groups, this underfunding affects millions of lives. To put these funding issues in perspective, funding would have to almost double to match the degree of care provided to federal prisoners, and it would have to increase by even more to equate to Medicaid benefits.

Alternate Text: Image of white OxyContin bottle with white pills laid out in front. Source: Flickr
Image of white OxyContin bottle with white pills laid out in front. Source: Flickr

Poor healthcare consistently results in the treatment of symptoms instead of causes, and, unfortunately, this means the prescription of opioids. Whether injuries occur from manual labor, physical activity, or driving accidents, NA/AN individuals are more likely to be treated with opioids as opposed to more effective means of treatment, such as physical therapy. Poor healthcare aligns directly with low-quality insurance or no insurance at all, and opioids are more likely to be prescribed in areas with uninsured people.

Mental Health and Cultural Disconnect

The traumatic history of Native American groups has a massive impact on these overdose rates, as forceful deprivation from culture leads not only to issues such as inadequate healthcare and poverty, but also mental health issues, one cause of opioid treatment, these being direct pathways to opioid addictions.

Mental health issues are incredibly prevalent within NA/AN communities, with suicide rates for them being more than double those for the entire U.S. population. NA/AN individuals are also more likely to be diagnosed with anxiety disorders and PTSD. These mental health conditions, when left untreated or inadequately treated, can often lead to drug abuse. The IHS does provide care for mental health and substance abuse issues; however, the already underfunded organization only uses about 10% of these funds to support substance abuse treatment

These mental health issues can be attributed to many things; however, a major force playing into this is the history of trauma amongst Native Americans. This topic could be one if not several, entire blog posts, but here I will attempt to briefly sum it up. It is important to note that there are around 600 federally recognized tribes, so the experiences of NA/AN individuals can vary greatly. One thing most groups share is a prevalent history of displacement and loss of culture. In the late 19th century, the majority of Native American individuals were forced to relocate to reservations or into urban areas. This resulted in a decline in socioeconomic status, which resulted in poor living and working conditions, as well as heightened health issues, both mental and physical.

It is vital to remember that NA/AN groups are underrepresented in major clinical research studies. This results in the general public being unaware of the true extent of issues within these communities. This underrepresentation in research exacerbates the disparities and can easily result in the continuance of the opioid crisis for Native Americans with little to no acknowledgement from major government parties. Another impact of inadequate research is misconstrued statistics, and it is likely that the opioid crisis is worse for NA/AN groups than scholars anticipate, as overdose cases may be underestimated by as much as 35% due to race miscalculations.

Alternate Text: Image of a white hospital room with two bed placed in the center. Source: Flickr.
Image of a white hospital room with two bed placed in the center. Source: Flickr.

 

Creating Change

The first thing that needs to be done in order to improve the worsening opioid crisis in NA/AN areas is to improve funding for the Indian Health Service. The United States Congress must take action and increase funding—the funding in 2022 is less than half of what patients need. With adequate health care, individuals with mental health and substance abuse issues will be able to get the help that they need, and, on the more preventative side, with better care, individuals will be less likely to be prescribed opioids as a substitute for proper treatment.

The second action that needs to be taken is better awareness. There needs to be more research devoted to NA/AN groups, so that we are able to pin down what leads to these heightened addiction statistics. Overall, it is vital for individuals to take personal responsibility and increase their own awareness of the issues. Native Americans have been ignored and mistreated for decades, and this must be remedied in the present.

Femicide in Kenya: A Silent Crisis

 

by Grace Ndanu

 

An image with a group of people holding up a banner that reads, "There is no honor in killing!"
An image with a group of people holding up a banner that reads, “There is no honor in killing!” Source: Yahoo Images (free to share and use)

 

In recent years, Kenya has witnessed a horrifying increase in cases of femicide. The alarming statistics paint an ugly picture of the state of women’s safety in the country. This issue goes beyond simple statistics as it represents a deep-rooted problem that demands urgent attention. Femicide in Kenya is not just a crime against women but also a violation of basic human rights and an assault on the fabric of society.

Understanding Femicide

Femicide is not a new phenomenon, but the magnitude of the problem in Kenya is shocking. The term encompasses various forms of violence against women, including domestic violence, rape, honor killings, and dowry-related deaths. These acts are driven by deep-seated beliefs and cultural norms that perpetuate gender inequality and elevate toxic masculinity.

According to a 2020 report by the World Health Organization, Kenya experiences one of the highest rates of femicide in Africa, with an estimated 47 women killed each week. Shockingly, this represents a 50% increase in femicide cases over the past decade. Furthermore, the majority of these cases go unreported or unnoticed due to social and cultural factors, making the situation even more alarming.

The Cultural Factors Behind Femicide

An image of a Maasai woman from Kenya holding her baby at her hips.
An image of a Maasai woman from Kenya holding her baby at her hips. Source: Wikimedia Commons through Yahoo Images (free to use and share)

 

To tackle femicide in Kenya, it is crucial to dig into the cultural factors that contribute to this crisis. Some of these factors include gender roles, traditions, economic disparities, and the normalization of violence.

Gender roles deeply rooted in Kenyan society perpetuate a patriarchal system that devalues women. Women are expected to be submissive, nurturing, and bound by societal norms. Patriarchy creates a culture of power imbalance, where men feel entitled to control and dominate women, both within and outside the household.

Traditional practices, such as female genital mutilation (FGM), child marriages, and wife inheritance, further perpetuate the vulnerability and defeat of women. These practices condone violence against women in the name of cultural preservation and perpetuate harmful gender norms.

Economic disparities play a significant role in intensifying femicide in Kenya. Poverty and lack of access to education, healthcare, and employment opportunities disproportionately affect women. When women are economically dependent on their partners or families, they are often trapped in abusive relationships with no means of escape.

Society’s normalization and acceptance of violence against women contribute to the perpetuation of femicide. Many cases of domestic violence go unreported due to fear, stigma, or lack of trust in the justice system. In some cases, many people, instead of helping, tend to record videos of women being wronged and post them on social media.

Addressing Femicide in Kenya

An image of a group of women from the Women's Ministerial Breakfast in Nairobi, Kenya.
An image of a group of women from the Women’s Ministerial Breakfast in Nairobi, Kenya. Source: Natalia Mroz; UN Environment Programme through Flickr

 

To address femicide in Kenya, a comprehensive approach is necessary. It requires collaboration between the government, civil society, community leaders, and individuals alike. Here are some key steps that can be taken.

Legal Reforms and Enforcement

Restoring the legal framework surrounding violence against women is paramount. Stricter laws targeting offenders, along with their effective implementation, are crucial. Adequate training for law enforcement officials and judicial personnel is also essential to ensure cases are dealt with sensitively and expeditiously.

Education and Awareness

Comprehensive educational programs should be implemented from an early age to challenge harmful gender norms, promote gender equality, and raise awareness about women’s rights. This includes teaching both boys and girls, as well as women and men, about healthy masculinity and respect for women.

Empowerment and Economic Independence

Efforts must be made to empower women economically. This can be achieved through vocational training, access to micro-financing, and opportunities for entrepreneurship. Women who are financially independent are better equipped to escape abusive relationships and have control over their lives.

Support Services and Safe Spaces

Accessible support services, including helplines, shelters, and counseling centers, are crucial for survivors of femicide and domestic violence. These safe spaces provide survivors with the support they need to rebuild their lives and break free from the cycle of abuse.

Community Mobilization

Community leaders, religious institutions, and local organizations play a vital role in challenging harmful cultural practices, promoting gender equality, and raising awareness about femicide. Mobilizing communities to change attitudes and behaviors towards women is essential to create a safer environment for all.

Conclusion

Femicide in Kenya is an urgent crisis that requires immediate attention. It is a reflection of deep-seated gender inequalities and cultural norms that perpetuate violence against women. Addressing this issue demands a comprehensive approach encompassing legal reforms, education, empowerment, and community mobilization. Only through collective efforts can we hope to build a society where women can live without fear, violence, and the threat of femicide. Together, we must strive to create a country that embraces gender equality, respect, and the protection of basic human rights for all.

Modern American Slavery: Forced Prison Labor

by James DeLano

Historical Slavery in the United States 

Slavery was abolished in the United States in 1865 with the ratification of the 13th Amendment. The amendment reads, “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.” 

At least, that is what I was taught in high school: slavery ended in 1865 with the 13th Amendment. What was not taught was the century and a half of forced labor since then, predicated on an intentional loophole in the 13th Amendment. Activists were active in their denouncement of and work towards ending this system over a century ago, and not much has changed since. 

That loophole was not the only way slavery persisted. Chattel slavery, slavery as it existed in the South prior to 1865, existed in the United States until at least 1963. Mae Louise Walls Miller grew up in rural Louisiana, where she and her family were enslaved. They were freed in 1963, when she was only 14 years old. Her family, possibly the last chattel slaves in the United States, were freed after President Biden graduated high school. This was not an isolated instance; this form of slavery existed in scattered patches across the rural South for decades after the end of the Civil War. 

In this post, I will illustrate how forced prison labor continues to maintain slavery in the United States.The convict leasing system, where people convicted of crimes are “leased” to companies to perform hard labor, started in Alabama in 1846, and their prevalence exploded after the 13th Amendment abolished what was previously the most common form of forced labor. This system was incredibly dangerous; in 1874, a typical death rate was one-third of people working on railroads. A contemporary prison official said that “if tombstones were erected over the graves of all the convicts who fell either by the bullet of the overseer or his guards during the construction of one of the railroads, it would be one continuous graveyard from one end to the other.” Elsewhere, between 1888 and 1896, over 400 people died of tuberculosis contracted while working in Sloss Steel and Iron Company mines. 

Many of those arrested and convicted during this system were sentenced under questionable circumstances. One common situation was being arrested for riding a train without a ticket “by a man who is paid $2 for every person he arrests upon that charge.” After accounting for inflation, $2 in 1907 would be worth over $65 today.

Convicts being forced to work under a convict leasing program in Florida. Source: Yahoo Images
Convicts being forced to work under a convict leasing program in Florida. Source: Yahoo Images

 

Between 1880 and 1900, this system profited over $1,134,107 in saved labor costs, which would be worth nearly $40,000,000 today. It profited $1,322,279 between 1900 and 1906. Alabama banned this method of forced labor in 1928.

Modern American Slavery 

The United States has maintained both the highest incarceration rate of any country in the world and the highest prison population for several years. Two-thirds of inmates in American prisons are also workers in both private-sector and public-sector jobs. Alabama convicts on work-release programs are allegedly paid just over $2 per day.

 

Alabama did not stop using forced prison labor in 1928. A lawsuit was filed in December 2023 alleging gross mistreatment, violations of both the United States and Alabama Constitutions, and instances of retaliation against a convict on work-release due to reporting of sexual harassment. It alleges dangerous working conditions; in August, two convicts were killed while working as part of a road crew. It alleges the intentional violation of parole guidelines in order to continue the system of forced labor as it currently exists in prisons. It also repeats accusations of negligence in regard to healthcare. Antonio Arez Smith was released last year in “excruciating pain” due to untreated cancer. He died four days after his release. The Alabama Department of Corrections (ADOC) stopped releasing inmate death statistics in October after years of increasing rates. 

According to the American Civil Liberties Union (ACLU), 64% of incarcerated people being forced to work felt unsafe while doing so, and 70% did not receive job training. None of what I have mentioned above is considered enough of a crime to warrant consequences. 

Workers’ protections do not apply to incarcerated people, including minimum wage laws, unionization, and any assurance of workplace safety. None of this should be surprising knowing the text of the 13th Amendment; incarceration is explicitly listed as an exception to the abolishment of slavery, and slaves are not permitted rights. 

A black incarcerated woman sewing with a Department of Corrections label behind her. Source: Yahoo Images
A black incarcerated woman sewing with a Department of Corrections label behind her. Source: Yahoo Images

This form of forced labor is ubiquitous. The lawsuit previously mentioned lists as defendants companies that have become household names: McDonald’s and the parent companies of Wendy’s, KFC, and Burger King. Elsewhere, well-known companies use prison labor as a cost-cutting measure: Amazon, AT&T, Home Depot, FedEx, Lockheed-Martin, and Coca-Cola, as well as thousands more nationwide. 

The Alabama Department of Corrections reported generating over $48,000,000 in 2021, and received hundreds of millions of dollars more from other sources. Most of that was directly appropriated from the state, but it also included federal funding intended for COVID relief. The total sum diverted into the Department of Corrections was $400,000,000, or about one-fifth of the total relief funds. The Treasury Department describes the funds as “support[ing] families and businesses struggling with [the pandemic’s] public health and economic impacts.” Instead of spending it on struggling Alabamians and small Alabama businesses, the state spent its funds on building new prisons despite us already having one of the highest incarceration rates in the country. 

What is Being Done 

The Alabama Department of Corrections is involved in several lawsuits related to alleged misconduct. The aforementioned lawsuit, Council v. Ivey, has a hearing scheduled for February 8th. ADOC is involved in several other lawsuits and has been for decades; Braggs v. Dunn was filed in late 2014 over neglect and remains unresolved, as does a Department of Justice lawsuit filed in late 2020 over critical understaffing. The new Alabama constitution, voted on in 2022, changed the text’s phrasing of its prohibition of slavery. Prior to that vote, it read, “no form of slavery shall exist in this State; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.” The equivalent section now reads “That no form of slavery shall exist in this state; and there shall not be any involuntary servitude.” In addition, Congresswoman Nikema Williams and Senators Jeff Merkley and Cory Booker have proposed the federal “Abolition Amendment,” intended to close the prison labor loophole. 

Nationally, prison reform is a coordinated movement. Numerous organizations focusing on prison reform generally also have efforts in place to reform or abolish forced prison labor. I have used sources from the Equal Justice Initiative and the American Civil Liberties Union in this piece. The lawsuits mentioned were filed by current and former Alabama inmates, the Southern Poverty Law Center and Alabama Disability Advocacy Program, and the U.S. Department of Justice. Of those, only Council v. Ivey directly addresses forced labor; the others work towards improving prison conditions more broadly but still contribute to the common goal of reforming prisons.

The Indigenous Justice System: Over-incarceration of Indigenous People and the Need for Cultural Humility

by Eva Pechtl

To better understand the value of culturally centered practices in Indigenous justice, I encourage you to read my previous blog, “History of Limitations and Restorative Justice.” In this blog, I will be highlighting the resulting statistics on the overrepresentation of Indigenous people in prisons. Then, utilizing reports from several justice-oriented organizations, I will summarize how professionals from Indigenous communities conclude problems and solutions that need to be addressed to neutralize these disparities in the Indigenous criminal justice system. 

 

Serious complaints arose around a decade ago about the food quality of the catering hired by the provincial Saskatchewan government.
An image of a man in adult provincial custody in Saskatchewan, Canada, looking out of his cell with his arms between the cell bars. The data on the overrepresentation index for Indigenous people in 2020/2021 was highest in Saskatchewan at 17.7 times higher than the non-Indigenous incarcerated population (Statistics Canada, 2023). Image Source: Don Healy/Regina Leader-Post via Yahoo Images

 

Visualizing the Statistics 

Indigenous people are overrepresented in the criminal justice system across several countries, including the United States, Canada, and Australia. Extensive research has been conducted by human rights organizations around the world, but collecting accurate data on Native populations in the United States has proven difficult. The visibility of crime has come a long way since the Not Invisible Act of 2019 was signed into law in 2020 to increase information sharing and track cases of the Missing and Murdered Indigenous People (MMIP) crisis. However, data on Indigenous populations is still flawed in some ways. According to the Prison Policy Initiative (PPI) and a report by the Safety and Justice Challenge (SJC), categorizing people by a single race can wrongfully categorize people who identify with more than one race. The data that does exist is inconsistently labeled, meaning it could refer to Native people as Indian, American Indian-Alaska Native, Latino, or other. The number of incarcerated Indigenous people depends on how they are counted, and this generally underreports and, therefore, overlooks Native people in the system.  

According to the PPI, the data shows that Indigenous people are incarcerated in federal and state prisons at over four times the rate of white people. In the state prison systems of Alaska, South Dakota, Montana, North Dakota, Wyoming, and Utah, Indigenous people are highly overrepresented relative to the states’ Indigenous populations. The SJC report shows that in Montana, the Indigenous population is 7% but closer to 30% of the prison population. In South Dakota, Indigenous people convicted for aggravated assault received sentences 62% longer on average than any other racial group. 

 

Jurisdiction’s Impact 

Over-incarceration of Native Americans published by the SJC highlights complicated jurisdiction as a player toward overrepresentation. According to Indigenous experiences documented in the report, it is common for single crimes to be charged in more than one jurisdiction because of multiple police agencies patrolling reservation lands. Defendants may then face multiple charges with different requirements, which often results in punishment for failing to understand and/or follow those requirements. This is especially true for youth caught up in technical violations of probation or status offenses. 

A document titled Juvenile Justice, created by the National Congress of American Indians, speaks to the challenges of Indigenous youth in the justice system. Native youth are more likely to be subjected to the federal system and to be tried as adults, especially for drug-related crimes, leaving them with longer and harsher sentences.  

In Baytown, Texas, Olivia B. was arrested for a fight, expelled from her high school, and charged as an adult in court.
An image of a young girl being addressed by a judge in court beside her mother. The court proceedings for her misdemeanors, being charged as an adult, made it difficult for her to find employment and delayed her career goals of becoming a Psychologist (Open Society Foundations). Image Source: Michael Stravado/Redux via Yahoo Images

The federal system is not built for children, and sentencing often limits opportunities for diversion, parole, or services helpful in juvenile cases. Even if certain courts offer other options, youth are too often left with no support. Due to overlapping jurisdiction, professionals tend to assume that Indigenous youth will always be someone else’s responsibility. However, Tribal governments are often not informed when their youth interact with the state juvenile justice systems, and this prevents tribes from supporting reintegration and rehabilitation before, during, and after contact with the system. 

On the other hand, when Native children experience a culturally rooted court system like those of tribal courts and jails, they can have a better chance of receiving constructive intervention and support. For example, the Cherokee Talking Circle integrates Keetoowah-Cherokee cultural values that target substance use among youth. According to the Juvenile Justice document, researchers found that non-cultural education programs were significantly less effective in reducing juvenile delinquency compared to CTC. The Choctaw culture includes the practice of Immannumpuli, where an uncle or tribal court employee will educate youth offenders about the Choctaw justice system and talk to them about their life choices. Increasing collaboration between federal and tribal justice agencies to encourage US Attorneys to deter offenders to tribal court would be extremely beneficial for Native youth. 

 

Causes and Solutions 

The criminal justice system ultimately reflects an overreliance on locking people up, specifically Indigenous people, rather than offering services to rehabilitate offenders. Data from the Bureau of Justice Statistics displayed that in Indigenous areas specifically, the creation of more jails resulted in a direct increase in incarceration rates instead of being a remedy for overcrowding. As expected, the jail expansion also led to longer stays for both pretrial detention and actual sentencing.  

Especially in Indigenous communities, incarceration has harmful effects on health, as jails are not prepared to navigate chronic illnesses and are commonly dangerous environments. Incarceration is harmful to maintaining or finding employment, and this causes more poverty and debt among Indigenous individuals. Currently, because of high incarceration rates and a lack of restorative methods, many Indigenous people will be returning to their communities with significant challenges. Assisted reintegration is vital to the healing process needed after incarceration. 

The SJC report recognizes the long history of forced confinement of Indigenous people as a contributor to systemic inequities faced today. In the past and still today, disparities in justice are falsely attributed to the characteristics of Indigenous people rather than the more real factors of complex jurisdiction, deficiency of representation in court, racism, or violence. This is why legal professionals must consider the historical context of Indigenous trauma when analyzing current inequities.  

According to the SJC report, Tribal leaders have called for culturally relative alternative sentencing options that look to the roots of the crime problem. 15-16% of people in tribal jails were held for public intoxication or drug-related offenses, leading the Indian Law and Order Commission to state that drug abuse was a contributor to almost all crimes in Indian communities. Considering the serious financial and health effects of drugs, any efforts to prevent crime and recidivism would absolutely need to address substance use problems. 

Cultural Humility 

A reporter hears the story of an Indigenous man for the Intercontinental Cry report.
An image of a reporter listening to an Indigenous man, centering their focus on under-reported stories concerning Indigenous human rights. Image Source: Intercontinental Cry via Yahoo Images

 

Finally, the SJC report recognizes cultural humility as a necessary factor in supporting Indigenous communities. Practicing cultural humility means acknowledging your own inability to be an expert in a different culture. The disparities in representation in the criminal justice system can improve if non-Indigenous criminal justice professionals seek to understand that there is a lot they are not aware of concerning Indigenous experiences.  

Tribal agencies and activists across the United States have called for changes to be made, whether it is about legal jurisdiction, inadequate funding, or over-incarceration rates. Acknowledging the barriers that Indigenous communities and individuals face is a first step in creating cultural safety. Indigenous people are the best suited to handle justice and related problems facing their communities. It is time to listen to them. 

What Can We Do? 

To learn more about practices supporting native people, I encourage you to explore the lessons and solutions listed in the Over Incarceration of Native People. The document includes diverse proposals ranging from supporting Tribal Reentry programs, trauma-informed care, providing cultural mentoring, license restoration, victim assistance, housing, mental health services, and, most importantly, culturally relevant research and services. Juvenile Justice includes many evidence-based policy recommendations to change the status quo for Indigenous youth, helping them and their families to be better informed, tracked, assessed, represented, and treated. To find relevant services or contribute to their success, Tribal Justice also lists many resources and specified programs. 

Signs reading "Justice for Colten," "Indigenous Lives Matter," and "Murder is murder, lock him up!" advocate for justice for Colton Boushie, shot by farmer Gerald Stanley.
An image of a protest for Indigenous Justice In Canada in response to the shooting death of Colton Boushie and the acquittal of Gerald Stanley. Image Source: The Canadian Press/Jason Franson via Yahoo Images

In this series, I have reiterated many of the issues at the tip of the iceberg, but to continue supporting Native people, we must be able to acknowledge our ignorance of the rest of the iceberg that is the Native experience. With cultural humility in mind, we can work to unveil injustice in the Indigenous Justice System. 

 

Poland: Human Rights Implications of the Recent Election

by Jillian Matthews

Poland is a highly polarized nation, with many valuing tradition, culture, and national identity. The combination of these three components, along with repeated rightwing electoral victories, has led to the democratic backsliding of the country, seen in their overreaching policies regarding women’s reproductive rights, LGBTQ+ rights, and judicial reform. Although many human rights violations have happened throughout the country in the past few decades, the results from the most recent election, held on October 15, 2023, have the potential to expand rights to more citizens in the country. To properly describe its importance, I will explain the political context surrounding this recent election before moving on to discuss the future administration and its potential impacts on human rights.

Political Context

Even while under communist rule, Poland has been a predominantly Catholic state, with an overwhelming majority continuing to practice Catholicism today. Traditional Catholic values continue to influence Poland’s political policies and the opinions of many citizens. This influence is most notably seen in the rise of the Law and Justice Party (PiS), with its social policies rooted in Catholic norms and having close relations with the Catholic Church. Up until the October election, PiS controlled the government and had, since 2015, used its eight years of authority to undermine democracy and human rights. These influences have shaped the repressive policies on issues such as women’s autonomy, LGBTQ+ rights, and judicial practices. Listed below are the current status of these issues, showing the political climate leading into the 2023 election.

Women’s Bodily Autonomy

Under the current administration, abortion has continued to be a huge issue. While abortion was essentially banned in 1993, a 2020 amendment tightened restrictions even further. The recent change eliminated the option for abortion even when the fetus is known to have developmental problems or health conditions incompatible with life outside the womb. Prior to the ban, around 90% of all abortions performed in Poland happened for one of these two reasons: after 2020, women were required to carry even unviable pregnancies to term. While abortions are allowed when the life of the mother is threatened, this doesn’t mean that doctors will provide the necessary care. Countless stories have been recorded of Polish doctors overlooking women’s birth complications, favoring the life of the child, even when the child is unlikely to survive and the mother is likely to die or suffer lifelong complications.

Polish women protest for their bodily autonomy. Source: Yahoo Images
Polish women protest for their bodily autonomy. Source: Yahoo Images

In cases where an abortion is not deemed essential to save the life of the mother, doctors who carry out abortions are subject to punishment. If caught aiding an abortion, . This puts women and their doctors in a dangerous position, with women unable to access necessary help and doctors unable to provide adequate assistance without fear of imprisonment.

Not only is abortion increasingly difficult to obtain, but so is contraception. Out of all European countries, Poland ranked the lowest in terms of contraception access. For example, unlike in many European countries, Poland prohibits access to emergency birth control and hormonal birth control without a prescription. All of this shows the lack of women’s bodily autonomy, which can be interpreted as violating the human right to health and poses a threat to all women in Poland.

LGBTQ+ Rights

Those in the LGBTQ+ community face frequent discrimination and a lack of legal protections throughout Poland. Even since the adoption of the modern Polish Constitution in 1993, marriage is seen as proper only when between a man and a woman, meaning that gay couples receive no legal protections when married. Under PiS, steps were taken to further ensure traditional family norms, as seen with the party’s campaigning for a “family charter,” which sought to end marriage between gay couples and eliminate their ability to adopt children. This, along with a rising number of Polish cities that have decided to implement so-called “LGBT Ideology Free Zones,” has led to a climate that actively oppresses those within this community.

Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons
Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons

Throughout the European Union, Poland ranks the worst regarding LGBTQ+ rights, with only 15% of family, equality, and recognition rights being obtained. Unfortunately, activists cannot look to the Universal Declaration of Human Rights (UDHR) for assistance, as the document lacks protections on the basis of gender identity or sexuality. This omission of rights from the UDHR makes it nearly impossible for LGBTQ+ members to advocate for legal protections, having no doctrine to support their claims. Not only does this issue show that changes need to be made within Poland, but also the need to expand protections within the UDHR to provide a solid foundation for other advocacy groups worldwide.

Judicial Protections

Human rights concerns in Poland go beyond social issues; in fact, they bleed into the governmental structure itself. In 2019, a law was passed that undermined judicial independence, allowing the government to punish judges who question the legal changes made by PiS. This raised serious global concern, as this move would have allowed the executive branch to have control over the courts effectively, eliminating one of the greatest checks on executive and legislative power in Poland. This followed similar judicial changes that were ultimately made to serve the party. These changes included lowering the retirement age and appointing party loyalists to the Supreme Court. All of this led to the European Courts deeming these judicial revisions illegal in June 2023, making it an even more pressing issue leading into the latest election.

This infringement on the separation of powers causes a genuine and well-defined human rights violation, going against Article eight of the UDHR Article eight grants all humans the “right to an effective remedy by the competent national tribunals,” which is not available when the government has major authority over court cases.

The Recent Election

Given these issues and the increase in authoritarian policies, voters were aware that the 2023 election was extremely important, as seen in the voter turnout rate of about 73%, the highest rate since the fall of communism in 1989. Before explaining further, it’s important to note that Poland has a parliamentary government, meaning citizens’ votes are translated up to the legislature as a percentage of party representation. For example, if a party gained 30% of the total vote, they would receive that much representation in the legislature. This is necessary to know when understanding the outcome of the election.

Polish citizen votes in the election. Source: Yahoo Images
Polish citizen votes in the election. Source: Yahoo Images

 

The Results

The results are as follows: the Law and Justice Party (rightwing) received a plurality of the votes, at 35.4%, Civic Coalition (center-left) received 30.7%, Third Way Coalition (centrist) at 12.4%, and Lewica (far-left) at 8.6%. While PiS holds a plurality, the remaining parties will likely form a center-left coalition, which would oust PiS from power and install a new government with a pro-democracy, pro-human rights agenda.

Likely Impact

Given the percentage of seats held by rightwing versus leftwing and centrist parties, progressive parties will likely assume power and work to steer Poland back to valuing democratic ideals and aligning more closely with the European Union. The three parties that are expected to form the new Polish government all promote democracy and pro-Europeanism, making it likely that action will be taken to support the oppressed groups mentioned above. It is also more probable that European Court rulings regarding the judicial branch will be respected and upheld.

Conclusion

In conclusion, the 2023 election results hold great promise in regard to human rights in Poland. As the Law and Justice Party (PiS) loses its grip on the government, a center-left coalition will likely form and create an overwhelming majority. Although these results won’t be officialized until December, many believe rights will be expanded under the new regime, and Poland can set a precedent for a return to liberal democracy within Central Europe.

 

 

Shackling and Psychosocial Disabilities

by Blue Teague

An empty room with three windows, all with long, sheer curtains. The two ceiling lights are off. Nothing but light can be seen outside the windows.
An empty room with three windows, all with long, sheer curtains. The two ceiling lights are off. Nothing but light can be seen outside the windows. Photo by Hans Eiskonen on Unsplash.

Mental Health, Autonomy, and Psychosocial Disability

In 1887, Elizabeth Seaman—better known as Nellie Bly—published Ten Days in a Mad-House, a collection of articles she had previously written for Joseph Pulitzer’s New York World. Along with cementing her status as a World journalist, her raw, unfiltered reporting offered thousands of readers a rare glimpse into a mysterious frontier: American mental asylums.

A Pennsylvania native, Bly’s anonymous newspaper pieces championing women’s rights soon evolved into a career based on investigative journalism. However, complaints from her subjects resulted in newspaper executives assigning her to less controversial topics. After years of rejection and gender discrimination, Bly made a last-ditch attempt to save her career by approaching Pulitzer directly and weaseling her way into a novel undercover assignment. Critics had called her insane her entire life for her risky stories, and now she had to play the part.

Bly’s articles quickly garnered attention for numerous reasons. For one, the story itself was sensational. After successfully feigning insanity with odd mannerisms and facial expressions, Bly found herself in New York City’s Women’s Lunatic Asylum after a medical professional declared her clinically insane. There she remained for ten days despite immediately dropping the act. During this period, staff allegedly attributed her every move, including normal behavior, to her supposed mental illness. This would have perpetually prevented her release had outside contacts not stepped into vouch for her sanity. By this time, Bly had risen to minor celebrity as New York questioned where this “pretty crazy girl” had even come from.

However, it was Bly’s description of the institution’s conditions that quickly spread through the masses. Her multi-page articles detailed the physical abuse, gross negligence, and psychological harm patients endured.

Sanitation was poor. Disease was rampant. Food and potable water were scarce, and the staff frequently resorted to physical and verbal beatings when dealing with those under their care. Upon her exit, Bly stated that she believed many women there were as sane as herself. If anything, the asylum’s treatment of already vulnerable women caused insanity.

Eventually, a grand jury launched its own investigation into Blackwell Island’s institution, the parent of the Women’s Lunatic Asylum. Despite immense budget increases, the institution shut down a few years later in 1894.

 

A dilapidated wooden shed with some white paint on the door and bottom boards. It has two windows with broken glass and rusty frames. Behind it its dense woods.
A dilapidated wooden shed with some white paint on the door and bottom boards. It has two windows with broken glass and rusty frames. Behind it its dense woods. Photo by Lilartsy on Unsplash.

Life in Mental and Physical Shackles

Despite Bly’s work sparking outrage over a century ago, inhumane treatment of those with mental health disorders—or psychosocial disabilities—continues today. According to the World Health Organization, 1 in 8 people live with mental health issues. Without adequate support and resources, these conditions can quickly become disabling. Psychosocial disabilities share strong correlations with higher poverty rates, increased medical discrimination, occupational inequity, and other factors contributing to a generally lower quality of life.

In 2020, Human Rights Watch released 56-page document reporting rights violations of the mentally ill. “Shackling,” a recurring theme, was found in 60 countries across six continents.

Shackling is an involuntary type of hyper-restrictive housing. Although it does not include shackles specifically, restraints such as ropes, chains, and wires are commonplace methods in keeping the victim in extremely close quarters. These areas can be sheds, closets, or even caves. Similar to the asylums in Bly’s era, sanitation is a luxury. The detained person often eats, drinks, and defecates in the same space with little ability to prevent contamination.

The motives and background around shackling is a complex cultural issue. Some offenders tend to be family members who, despite loving the person, lack the resources and/or education to deal with mental health crises. Keeping the person confined can appear to be the safest option when confronted with the possibility of them hurting themselves or others.

Additionally, social stigma can create even more danger for the family as a whole as well as the mentally ill individual. Instead of risking exile or ostracization from the community, families may seek alternative healing methods at home, such as herbal remedies, that lack significant medical backing. This, in turn, can intensify psychosocial disability, leaving the family overwhelmed and confused with few options.

A photograph of a medical IV stand holding and empty IV bag on a dark background.
A photograph of a medical IV stand holding and empty IV bag on a dark background. Photo by Marcelo Leal on Unsplash.

Abuse at the Systemic Level

However, abuse does not just occur at the familial level. Mistreatment and abuse flourish in large institutions. The institutions go by many names: asylums, mental hospitals, psychiatric healing centers, etc. These are establishments, often state-funded, purposefully keeping those with psychosocial disabilities away from the general population. Although the institutions usually operate under the pretext of healing and protecting the mentally ill, many criticize the asylum system for blatant human rights offenses.

The abuse is systemic when many perpetrators organize and hide the mistreatment of victims. One such man, “Paul,” shared his experience with reporter Kriti Sharma from HRW’s Disability Rights Division. Paul had lived for five years in a religious healing center in Kenya. He said, “It makes me sad…It’s not how a human being is supposed to be. A human being should be free.”

Paul and his companions walked in chains—literal shackles—and were not allowed clothing. His restroom was a bucket.

In the USA, a wave of deinstitutionalization in the 1970s shuttered many mental asylums, and psychiatric facilities still operating do so with varying levels of success. New York City’s mayor Eric Adams recently announced an expansion of a law allowing months-long involuntary commitment to hospitals for those who, due to mental illness, failed to acquire “basic needs” such as shelter and food. Hospitalization would, in theory, provide the psychosocially disabled with the time and education to recover and start anew.

Opponents quickly pointed out flaws in this process.

As with shackling, involuntary hospitalization represents a loss of autonomy. In a 2022 article in The Guardian, Ruth Sangree reflects on the USA’s changing legislation by connecting it to her own experiences. She describes the monotonous isolation, undercurrent of fear, confusion resulting by the sudden loss of control over her own life. As a nineteen-year-old with no idea of when she would be “set free,” Sangree focused on appearing normal in fear of indefinite hospitalization, regardless of the effectiveness of treatments.

There stands the argument of many critics of institutions: the system is ineffective at best and traumatic at worst. Still, rebuttals exist. In one Times piece, retired employees from a California asylum vouch for the happiness of their patients, stating they “blossomed” when provided with regimen and shelter. This view forms the defense for New York’s law revision, which frames involuntary hospitalization as a compassionate action for the patient’s own well-being.

Objectively, both sides claim to want the same thing: a better quality of life for those with psychosocial disabilities. It has always been the how that stirs debate.

Eight people of varying skin and sleeve colors standing in a circle with one hand each stacked on top of each other's.
Eight people of varying skin and sleeve colors standing in a circle with one hand each stacked on top of each other’s. Photo by Hannah Busing on Unsplash.

The Future of Mental Health Care

One factor in the corruption of institutional systems lies in language. Terms like “healing center” and “asylum” have historically protected potential perpetrators from legal action. Nellie Bly’s work helped lift the veil around mental health and disability, peeling away the euphemisms to reveal the abuse of a vulnerable population.

Today, watch groups exist for this reason. Organizations such as the Alabama Disability Advocacy Program (ADAP) examine the care of people with disabilities in facilities like hospitals, nursing homes, and schools, where caregivers can easily take advantage of those under their care. If rights violations are found, they can work with the facility to improve conditions or take legal action. These organizations exist on a state and national level in the USA.

Individuals can make a difference by simply learning about mental health and advocating for equal treatment of those with mental health conditions. #BreakTheChains is a movement led by Human Rights Watch with goals of educating communities to prevent the chaining of men, women, and children with psychosocial disabilities.

Additionally, awareness is key—October is recognized as mental health awareness month, and invisible disabilities week is in late October. Psychosocial disability month specifically takes place in July.