United States: The Case for Transitional Justice

“Statue of Lady Justice” Source: Jernej Furman via Flickr

Note from the Author: This blog was written to accompany the Social Justice Café Transitional Justice: Here & Now hosted by the Institute for Human Rights at UAB on Wednesday, November 30th at 4:00pm CST. At this event we will discuss a brief history of Transitional Justice in the United States and hold an open discussion about what it could look like in the home city of the Institute, Birmingham Alabama. You can find out more information and join the virtual event here. In this post, we will explore transitional justice in the United States. We will have another post on the international context of transitional justice. 

Transitional justice is a field of international justice that “aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations” (OHCHR). Often referred to as TJ, transitional justice is a system of multiple mechanisms and processes that attempt to create stability and ensure justice and remedies for victims of oppression and human rights transgressions. Some of the most commonly used mechanisms of TJ are truth commissions (TCs), reparations, and trials of perpetrators.

In practice, transitional justice has often been restricted to nations following active conflict or repressive authoritarian regimes, otherwise known as transitional time periods. This traditional understanding of transitional justice is beginning to evolve as stable, established democracies like Canada and South Korea implement TJ mechanisms such as truth commissions and reparations to address and amend state-sponsored abuses of certain groups. As it evolves the international gaze has once again turned to the United States and the uncomfortable discussion about the historical and ongoing oppressions. This article intends to establish the historical basis of transitional justice in the United States and recent developments to encourage a conversation about acknowledgement, fact-finding, reparations, and justice in the land of the free.

Section 1: Historical Examples of Transitional Justice in the United States

With an international spotlight on the Black Lives Matter movement in the United States in 2020 came an increase in conversations about reparations to African Americans for the abuses of slavery, segregation, police brutality, prison labor, exclusion from housing and education and other forms of state-sponsored oppression that have proliferated for centuries. The discussion about the harms the American government has caused to Indigenous tribes, Alaskan Natives and people of Hawai’i, and other marginalized groups has been a matter of public discourse for decades. While the word reparations saturated international media, little attention was given to what reparations would truly look like, could look like, and examples of when the United States have provided reparations before. 

While the spotlight of this discussion about reparations is often on monetary forms, such as property, cash or pensions, transitional justice recognizes that reparations can and should come in many different guises in order to provide a more holistic and healing process for victims. Reparations are deeply context-specific, and should be tailored to the needs of the victim, nation, and individual circumstance. However, examples of other forms of reparations and TJ include official acknowledgements and apologies, funding of research to uncover facts and educate the public on the truth, providing education and/or healthcare to victims and their families, and preserving historical sights and monuments. Ultimately, they should be determined by and catered to the people involved. 

I have included both a brief infographic timeline and a more detailed look at a few examples of government-led transitional justice mechanisms in the United States below. It is important to note that, as many of these instances occurred prior to our modern definitions of transitional justice and reparations, this timeline encompasses cases of compensation which, under similar circumstances today, would likely be considered reparations, but were not explicitly intended as such at the time. The same goes for fact finding commissions that are analogous modern Truth and Reconciliation Commissions, though they lack that title. I have excluded instances of payments or acknowledgements being issued following a lawsuit through our judicial system, as well as instances of TJ being led by non-governmental entities like community organizations, charities or other non-governmental institutions.

Infographic by Maya Crocker for the Institute of Human Rights. Source: https://guides.library.umass.edu/reparations
  • President Lyndon B. Johnson established the National Advisory Commission on Civil Disorders, otherwise known as the Kerner Commission, in 1967. It was established to serve the purpose of a fact-finding mechanism akin to a Truth Commission today. The goal of the commission was to identify the causes of the violent race riots of 1967. While widely ignored, the Kerner Commission found that the root of the unrest were unequal economic opportunities, racism, and police brutality against minority racial groups in America. 
  • Following concentrated efforts from interest groups and international attention, the United States federal government committed to two massive examples of explicit transitional justice mechanisms in the 1980s for Japanese Americans that were interned by Executive Order 9066 during World War II. In 1980 President Jimmy Carter signed the  Commission on Wartime Relocation and Internment of Civilians (CWRIC) into law, establishing a clear transitional justice mechanism (truth commission) at the national level. The CWRIC published the full report of their findings in February of 1983, and momentum from the commission persisted with the recommendations which were published in June 1983. The recommendations included an official apology, pardons for those convicted of violations of the executive order or during detainment, and the establishment of a federally funded foundation for research and education on the incident. 
  • Shortly after the results of the CWRIC circulated across the nation, the United States Congress passed the Civil Liberties Act of 1988 which provided all eligible interned individuals with a one time payment of $20,000 in reparations as well as official acknowledgement and apology from the United States. In addition, all individuals who were convicted of disobeying the executive order or violating rules while interned were officially pardoned.
  • In response to the massive Black Lives Matter protests in 2020, many subnational level truth commissions and reparations programs were initiated, including those in the State of California, Evanston, Illinois, and Asheville, North Carolina. As the national conversation continues, we may see an increase of examples of transitional justice at work in United States communities.
“Freedom?” Source: Nicu Buculei via Flickr

Section 2: You, us, and the future of transitional justice in the United States

Whether in Europe, Africa, the Asia-Pacific, the Middle East, or the Americas, civil society plays a key role in the transitional justice sphere. Civil society actors are civilian organizations which can be activist groups, media, charities, non-profit organizations, educational groups and schools, or just citizens interacting with policy. Most recent transitional justice measures that have been implemented in the past few years in the United States have been on the subnational level. They are occurring as a result of citizens’ calls for action, constant attention on the need for transitional justice, and the everyday acts of discussing transitional justice. 

Birmingham, Alabama is a historic city for human rights, civil rights and civic action. Civil society here, in this city, has influenced national change through the Civil Rights Movement as well as citywide changes like the removal of confederate statues in public parks and the preservation of historic sites from the Civil Rights Movement like the Greyhound Bus Station and 16th Street Baptist Church. 

The Institute of Human Rights at UAB fosters an educational environment where you can see civil society at work, and hosts Social Justice Cafes on the second Wednesday of every month during the school year at 4:00pm CST. We will be hosting our last Social Justice Café of the semester, Transitional Justice: Here & Now on Wednesday, November 30th to discuss what transitional justice should look like in American cities like Birmingham. You can find out how to join these open discussions, and become a civil society actor yourself, and attend more free educational events from the Institute of Human Rights here

Constitutional Changes in Chile

The streets of Santiago were filled with the sounds of horns on September 4th. The vote for a new constitution had finally taken place, after three years of sustained protests, and four decades after the dictator Pinochet first replaced the constitution. The people had spoken, and the social contract between the state and the citizens was transformed.

Calls for a new constitution fueled by social movements

Fig. 1: Source: Yahoo Images; Nearly one million protesters during estadillo social. An aerial view of Plaza Italia and streets filled with hundreds of people, one large Chilean flag held over the heads of some.

On October 18th, 2019, thousands of protesters flooded the streets of the capital city, Santiago, Chile. Originally, protests began over frustrations with a rise in the price of metro tickets but quickly compounded with inequality in the state. According to a Foreign Policy article on Chile’s constitutional overhaul, the massive protests were led by students, workers, farmers, indigenous peoples, and left-leaning progressives. They expressed frustrations over a lack of socioeconomic mobility, unresponsive government and institutions, and a disconnected political class. In some instances, these demonstrations included torching metro stations and tearing down statues of Spanish colonizers. To read more in-depth on the protests, read this blog.

While these protests paralyzed the capital and country for weeks, the protests demanding change resonated outside the urban center and spread across the nation. In central Santiago, Plaza Baquedano has been the place of social protest for decades, and three years on, protesters continue to use this symbolic place to voice dissent on social inequalities.

Fig. 2: Source: Yahoo Images, John Treat; Protesters in Plaza Baquedano demanding a new constitution, December 2019. A crowd of people holding aloft indigenous flags, Chilean flags, and signs.

Known as the Estallido Social, or social explosion, the protests signaled a major development in the attitudes of citizens in the state. Protests eventually culminated in a 12-point agreement for social peace and a new constitution. In the eyes of many protesters, numerous contemporary problems traced back to the constitution ratified in 1980 under the military dictatorship of General Augusto Pinochet.

The citizens of Chile have expressed the need for a new constitution in order to value citizen participation. The constitution written under Pinochet leans toward a conservative interpretation and does not include any formal avenues for citizens to participate. While the Magna Carta has been changed in minimal ways since a return to democracy in 1990, the opposition claim that the constitution should be considered illegitimate since it was instituted under a dictator.

Constitutional change under dictatorial rule

On the 11th of September 1973, democratically elected socialist President Salvador Allende was overthrown by a military coup. He was given an ultimatum — to resign from his position or be detained by the Chilean armed forces.

To better understand this consequential moment, we need to understand the context of economic and political factors that had Chile on the brink of a civil war. A few times during his presidency between 1970 and 1973, Allende had made reference to President Balmaceda (1886-91), a previous executive whose conflict with the legislature led to a civil war. Allende refused to become “another Balmaceda” but also claimed he would not be forced from office alive.

In 1971, Allende began nationalizing companies, mainly copper and telephone, both previously owned by foreign US corporations. As a result, Chile stopped receiving aid from the US, and subsequently, the World Bank, the Export-Import Bank, and the Inter-American Development Bank ceased aid as well. By 1973, inflation, labor strikes, and food shortages were uncontrollable as imports had risen while exports plummeted in the face of plummeting copper prices. Soon after, General Pinochet Ugarte, chief of the armed forces, became the dictator of Chile in a violent coup that resulted in Allende’s death.

The constitution was formally rewritten in 1980 to solidify Pinochet’s regime politically and economically. In the new constitution, Pinochet protected private property to such an extent that Chile became the only country in the world to privatize water. Moreover, the constitution concentrated power in the president, from budgetary decisions to law-making. As a result, the executive in Chile remains among the world’s most powerful governing executives.

In the next two decades, thousands of people would be tortured, executed, or forcibly disappeared under General Pinochet’s repressive authoritarian rule. According to Amnesty International, the number of officially recognized disappeared or killed is 3,000 people between 1973 and 1990 and the survivors of political imprisonment and torture is around 40,000 people. After Chile returned to democracy, Pinochet was charged under universal jurisdiction for crimes against humanity.

The writing of a new constitution

After protests continued and swelled to 1 million people, the government decided in mid-November 2019 that a large concession needed to be made. A referendum was set with two questions: Should Chile replace the 1980 constitution, and if so, who should write it?

In October 2020, 78 percent of the voting population favored a new constitution, with the highest participation since the end of mandatory voting in 2012. Moreover, citizens overwhelmingly supported the new drafting by everyday citizens.

Fig. 3: Source: Yahoo Images; Elisa Loncon. A woman wearing indigenous Mapuche clothing waving.

Elisa Loncon, a member of the Mapuche indigenous group, was selected as the president of the constitutional assembly. From the Office of the High Commissioner for Human Rights, the constitutional process in Chile is the first to include an equal portion of women and men, and also includes the indigenous groups historically discriminated against.

“For the first time in our history, Chileans from all walks of life and from all political factions are participating in a democratic dialogue,” Loncon said.

Not only had the social protests begun a sweeping institutional change in the country focused on the economic and political rights of people, but this moment also signaled a significant expression of self-determination.

The process has received help from the UN Human Rights Regional Office for South America which has provided accessible documents, webinars, and publications on the international framework for human rights.

The resulting constitution embodies the standards of human rights law, with rights focused on indigenous people, women, LGBTQ+ people, people with disabilities, and the environment. Also, the new constitution ensures adequate housing, the establishment of a national healthcare system, employment benefits, and mandatory gender parity in the private and public sectors. This new charter represents a sweeping array of human rights, from civil and political to economic, social, and cultural.

Valentina Contreras, the Chilean representative of the Global Initiative for Social, Economic, and Cultural Rights, said “Human rights are the common thread of the constitutional process.”

Rejection and steps forward

The vote for the new constitution was this September 4th, 2022. After two years of drafting the new constitution, 62 percent of Chileans voted against the new Magna Carta and only 38 percent for it.

The National Public Radio reported on the results of the plebiscite. While most states normally rewrite their constitutions during or shortly after the democratic transition, Chile remains an outlier. Additionally, most new constitutions are short, but in this case, the proposed Magna Carta was 388 articles long and considered “confusing” according to Claudio Fuentes, a Santiago political analyst.

This aided a large disinformation campaign launched by more conservative and centrist citizens, claiming the proposed constitution would disarm the police and confiscate people’s private homes. Still, other citizens saw the draft as a product of anger and tension, identifying the new text strongly with the violent protests that had originally spurred its creation.

This represents a loss not only for the constitutional assembly but a commitment to a broad range of human rights. However, as Gabriel Boric, the current president of Chile stated, “You have to listen to the voice of the people.” Extensive social protests first began the move to redefine the social contract between citizens and government, and now democratic procedures have determined the continuance of this process.

This process is not over, Chileans are still waiting on a new constitution. Centrist-left and right-wing politicians have expressed interest in working with the government on the next draft.

Ultimately, while Chileans voted against the proposed constitution, this remains a poignant moment for human rights. Firstly, the level of dialogue on such topics from people of varied backgrounds and historically discriminated groups remains unprecedented in Chile and illustrates the unfettered self-determination of a people. From people organizing and demonstrating their rights to cooperation between radically different political parties, the constitutional assembly remained committed to a document based on human rights.

Students have once again begun protesting at metro stations in response to the rejection. This dialogue will not stop with the constitutional committee, instead, it has and continues to be embodied by the protesters who sparked the original rewrite.

The Trafficking of Migrants by American Political Leaders

 

Picture of the famous Ellis Island, where many immigrants made their entrance to America
Source: Wikimedia commons found on Yahoo Images; An image of Ellis Island, the place of entry for many immigrants wishing to enter into America

The issue of immigration in America is one that is divided on so many fronts, and recognizing this division, political leaders have exploited the public’s conflicting views to push their own political agendas. Immigration has a rich history in this nation, and unfortunately, America has had a very unequal approach to how immigrants are treated. While some immigrants, (including many from Western nations) are treated with great respect and dignity, many of the immigrants that come from Central American nations, African nations, or Asian nations are portrayed by many political leaders in the United States as “criminal” or “coming to the US to steal our jobs.” This has been a tactic used historically since the founding of this nation, and it has led to the racial hierarchy that functions in America to this day. Even today, there have been comparisons drafted between Ukrainian refugees and how they are received versus how refugees from Palestine are treated. Ukrainian immigrants were accepted fully without any concern for space, funding, or any of the other arguments that come up in regard to immigration. Palestinian immigrants, who have been struggling with a similar situation as Ukraine, (where another nation has invaded their own nation, claiming property and lives in the process), continue to deal with political attacks and discrimination simply for being Palestinian immigrants. (For more on how countries value immigrants from different nations differently, read a recent post by my colleague Danah Dibb). This discrimination is also present in how immigrants from Central America are treated, including the fact that children are still being held at the border in inhumane conditions separated from their parents.

Additionally, immigrants have been a source of cheap labor for industries since the founding of America. At first, there were indentured servants and slaves that helped build the economic success of America early on. Yet, after slavery was abolished and indentured servitude was outlawed, industries faced a new challenge to find cheap sources of labor to maintain their profit margins without sacrificing their productivity levels. This has led to industries using the modern-day prison industrial complex, (which has evolved slavery and indentured servitude into a legal process), or outsourcing jobs to other poor nations to be able to exploit laborers for their own benefit. Yet, another way that industries have aimed to address their cheap labor needs is through the employment of immigrants, mainly undocumented immigrants who are not protected under American labor laws, and as such, industries can (and do) exploit their labor without any regulations or transparency in the process. Even the process for naturalization and legalization for immigrants is purposefully long and difficult, forcing immigrants to still pay taxes, without receiving any benefits that documented immigrants would receive. Despite the misconceptions of many Americans, immigrants do not take away jobs from the American public; they take on jobs that are generally avoided by most Americans. Also, contrary to the American myth that immigrants are “criminals,” the immigrant population is more rule-abiding than most U.S. citizens. All these facts are relevant to frame the political landscape for immigrants in America. This historical context is necessary for comprehending the full reality of the political stunts that occurred recently in regard to immigrants.

A Bit of Background on Human Trafficking

I wanted to include this image because it is inclusive of what human trafficking entails
Source: Yahoo Images; An image of a person in distress made up of multiple words and phrases relating to human trafficking. These are just some of the realities people who are trafficked face

So, what is human trafficking, and what does it have anything to do with immigrants? Let’s begin with the first question, focusing on what it is, the federal laws on human trafficking as well as international and human rights laws that protect people from being trafficked. Human trafficking is the sale and purchase of human beings for the single reason of exploitation, whether it be for the victims’ labor, or for sexual manipulation. According to the human trafficking institute, over 24 million people worldwide are trafficked, of which 20 million are trafficked for labor-related issues, and another 4.8 million are exploited for the sex industry. These victims of trafficking are comprised of men, women, and children, from various nations, and from any and all age groups. Just looking at the numbers for America, it is estimated that around 14,000-17,000 people are trafficked into the United States. This does not even include the people that are trafficked within the borders, and this estimate is based on reported findings, which means that many people being exploited that have not been reported are not included in this statistic. Of course, as it is with any other issue, the more marginalized the group of people being targeted, the more vulnerable they are to being trafficked. Among other fields such as the sex industry, some of the most popular industries that employ people who are trafficked are the agricultural, manufacturing, domestic, and construction industries, which benefit from the cheap labor force. Victims are coerced into being trafficked through a variety of ways, including the threat of physical and psychological abuse to themselves or their family members (which can include sexual abuse, deprivation of food and sleep, as well as shaming and isolating victims from their family members). Traffickers also abuse the legal system to confuse or manipulate the victims, such as withholding their passports or documents and forcing them to comply with the trafficker’s rules. Immigrants and refugees are especially vulnerable, because they come from another nation, and most of the time, don’t speak the language of the country they are exploited to, are not familiar with that country’s laws, and are also threatened with deportation back to the country they escaped from fearing for their lives.

What protection do people have under the law against being trafficked?

I wanted to include this image to show that the UDHR protects people from being trafficked
Source: Yahoo Images; The Universal Declaration of Human Rights details in Article 4, that all persons are protected from being trafficked, forced into labor, or other forced actions.

Under most nations’ laws, human trafficking is a heinous crime that can result in serious punishment for those who participate in criminal activity. Protected by the Universal Declaration of Human Rights (UDHR) under Article 4,slavery and forced labor are prohibited. States that have ratified the UDHR are under a bounded obligation to protect the rights outlined in the UDHR. The United States has only selectively ratified the rights outlined by the UDHR, and as such, any issues of accountability they might face for any violations of the UDHR can become complicated. The United States does have its own laws against human trafficking, and according to the American state department, they have made it one of their policy priorities. One such legislation passed in 2000 to address this issue was the Trafficking Victims Protection Act, which put into place an updated legal framework that focused on the protection, prevention, and prosecution of human trafficking. Additionally, to better define who falls under the victimhood of trafficked individuals, the A-M-P model was proposed, focusing on the Action, (how the trafficker approached the victims), Means, (what strategies the trafficker employed, mainly force, fraud, or coercion), and the Purpose (for sexual exploitation or labor exploitation) for the trafficking of individuals. This framework helped the legal system better understand not only how the people were trafficked, but also defined the why. With all this being said, let us now move on to the issue of two political leaders, Ron DeSantis of Florida, and Gregg Abbot of Texas, who engaged in the trafficking of migrants across state borders to stage political stunts, in the process of uprooting the lives of many vulnerable immigrants.

Case of Greg Abbot and Ron DeSantis Transporting Migrants Across States

I wanted to include this image because most humans who are trafficked are done so for two reasons: labor or sexual exploitation
Source: Yahoo Images; An image of migrant workers in the field. Many of the immigrants who were trafficked by Abbott and DeSantis were coerced, with false promises of new opportunities.

The Republican governor of Texas, Greg Abbot, in an attempt to make a political statement regarding the United States immigration policies, began loading up busses full of migrants he picked up at the US-Mexico border to then be transported to the houses of his party’s opponents, such as Vice President Kamala Harris. He also proceeded to send busses into cities that are led by Democrats, such as Chicago, Washington D.C., and New York City, arguing that the borders were not secure enough and that the United States allowed too many immigrants into the country. While this argument is far from the actual truth, Abbot is not the only political leader spouting this hateful rhetoric. The cruel tactics that were used were originally made popular by former president Donald Trump in 2019, who envisioned a much more sinister approach to collect all the “rapists and criminals” and “bus and dump” them in blue states to stoke fears against immigrants. The trafficking of migrants has been put into practice many times since then, by political leaders from his own party acting on the former president’s ideas.

Similarly, the Republican governor of Florida, Ron DeSantis, also put into practice Trump’s “bus and dump” tactic but using a private plane this time, to fly migrants to Massachusetts, a state he claims is a “sanctuary state,” (which means these states or cities have an understood policy, whether written or unwritten, to protect the reporting of immigrants and their status to law enforcement, unless the individual is under investigation for a serious crime). In this latest stunt pulled by DeSantis, with the help of an individual identified as “Perla” (Perla Huerta, who is said to be a former counterintelligence agent for the US Army in Afghanistan and Iraq), rounded up 48 migrants in San Antonio, Texas, mostly from Venezuela, and lured them under false pretenses of new opportunities of employment and survival, to board the flight that landed in Martha’s Vineyard. These migrants were handed brochures that came from the Massachusetts Refugee Benefits center (which was made up), and had presented information on the pamphlet which they had copied from the real office for immigration services, Massachusetts Office of Refugee and Immigrants (who had no idea about any of these events). This brochure included “benefits” that the migrants were wrongly led to believe they would be eligible to receive and were flown to Martha’s Vineyard in Massachusetts. These benefits included promises of eligibility to receive up to eight months of cash assistance, housing assistance, food, clothing, and transportation assistance, and even help with childcare and education. Not knowing that these were only eligible for documented immigrants that had already been granted asylum, many of the Venezuelan asylum seekers (who had not been granted asylum by the United States) were misinformed and manipulated.

So, what happened to the migrants in both these cases?

Although this is not an image from the recent trafficking incidents, I wanted to include an image of what it looks like when community members come together to help migrants out.
Source: Marty Graham via Yahoo Images; An image of a community coming together to help with the medical needs of the migrant population

Despite the belief by both Abbot and DeSantis that these migrants would not be well-received, the people from the cities where the migrants were dropped off took it upon themselves to ensure that the migrants had adequate food and shelter arrangements as the issues of what to do moving forward were being decided upon. Chicago, one of the cities which received the waves of migrants sent by Governor Abbot, went out of its way to ensure that the migrants’ needs are being met and that they receive the medical care and legal advice they need as they await their fates. Similarly, in Massachusetts, Governor DeSantis’s plan was to drop the migrants off at the foot of a community center and they were told to knock to receive help. No one knew what was happening, but the entire community around Martha’s Vineyard came together to help feed and clothe the migrants. The 48 migrants later ended up at the military base in Cape Cod, using the military’s empty barracks for places to sleep.

If the actions of governors DeSantis and Abbot are run through the A-M-P model discussed earlier, the purpose of these stunts would be the only aspect that might be hard to judge from a legal perspective. The actions the two governors took would clearly fall under the transporting criteria of the first step, and their means would include both fraudulence and coercion for the second step. Although their purpose was of a political nature, they still rounded up migrants through fraudulent means to be migrated forcefully out of their current residence, without a proper place to be sheltered and provided for. While DeSantis dropped the migrants off at Martha’s Vineyard and forced the people there to deal with the aftermath, Abbot transported the migrants to the doorstep of the houses of his party’s political opponents. These actions, if committed by someone, not in a position of political power, would have led to the person facing severe legal repercussions. Yet the two governors have doubled down on their actions, proudly taking responsibility for the stunts, and Abbot even promises that more migrants are on their way, implying that he is not yet finished.

Update: Migrants file lawsuit against DeSantis

United States Supreme Court Building, Washington, D.C. Original image from Carol M. Highsmith’s America, Library of Congress collection. Digitally enhanced by rawpixel. Source: found via Yahoo Images Public Domain

Still, DeSantis might face some form of accountability for his actions, as the 48 migrants he flew to Martha’s Vineyard have filed a civil lawsuit against him, claiming that in the process, he violated the fourth and fourteenth amendments as well as many federal laws. The attorneys, on behalf of the migrants filing the lawsuit, are calling on DeSantis to be banned from repeating this political stunt again and are asking for DeSantis to pay for the damages caused to the migrants as a result of his actions. DeSantis came out protesting this accusation, claiming that his actions were legal because he had obtained signed consent forms from all the migrants who boarded that plane. He also alleged that this was not an act of coercion but that the migrants willingly took the journey to Martha’s Vineyard. However, most of the migrants claim they did not know where they were being taken to, only that they were promised good employment opportunities and a chance at a better lifestyle. Many of the migrants that were coerced into getting on the plane did not even speak or understand English. Additionally, there have been updates provided that the funds for these political stunts pulled by DeSantis came from public, tax-payer funds, meaning that this is also a case of misappropriation of state funds. Some legal experts are even proposing that these political stunts can be categorized as “kidnapping” because the victims were moved from one place to another without knowledge about where their destination was going to be. We will have to wait and see how this lawsuit plays out, mainly on the issue of whether there will be any accountability for people in positions of political power.

What now?

So, while we await the final verdict from the courts, what can be done to ensure this doesn’t happen again? For one, we could put immense public pressure on the two political leaders using a tactic known as “naming and shaming” to discourage them from pulling similar stunts in the future. However, many people that support these politicians, mainly the Republican base, have applauded the two governors’ behaviors, doubling down on their anti-immigration stances. In a society that continues to become more polarized, “naming and shaming” might have the opposite results than expected. Additionally, another step that can be considered is impeachment, or even banning the two politicians from holding office again. Some people might say this may be a drastic move, but if, as an elected official, you are irresponsible with so many human lives, including those of children, where you think it is okay to treat others with disrespect and ignominy, then you should not be allowed the opportunity to serve a position that would put you in charge of people’s well-being.

Another approach would have to come from the international community, mainly the international criminal courts, in an attempt to hold these individuals accountable for violation of human rights. This too, however, might not be as easy as it seems. For one, the federal courts would have jurisdiction before the international courts, and even still, in 2002, then President George W. Bush “unsigned” the Rome Statute, and a few months later, Congress passed the American Servicemembers Protection Act, which forbade the US from assisting or supporting the ICC or any member states that support the ICC. Further, it granted the president full power over securing the release of any US person, or allies that are held or imprisoned by the ICC. Although there has been renewed interest in revisiting this legislation, from an unlikely individual at that (Lindsey Graham), this support might not extend as far as investigating members of his own party. America has long struggled to hold its political leaders accountable, whether it be for war crimes committed by past presidents, or even for simply acknowledging historical atrocities that have occurred in the nation’s past. However, without proper accountability for these heinous political stunts, the two governors would set a precedent for the worse treatment of migrants in the future.

Pakistan’s Floods : A Humanitarian and Climate Crisis

Source: Abdul Majeed Goraya / IRIN | www.irinnews.org

One third of Pakistan is underwater following disaster-level floods that have ravaged the country since mid June of 2022. The flooding is a humanitarian crisis of epic proportions, bringing climate change and environmental justice into the focus of conversations about why the floods are so devastating. The record-breaking monsoon rains have affected 33 million citizens, leaving millions displaced and threatening the economy by washing away the fall harvest and essential farmland. Pakistan’s most vulnerable are struggling to access the scarce aid that is available, including the 19 million children affected by the floods. It is an unprecedented, once in a century crisis event exacerbated by climate change, poor infrastructure, and the damages of the recent economic crisis prior to the flooding.

Source: Oxfam International via Flickr

Direct Impact of the Floods: Hunger, Disease and Displacement.

The monsoon rains have killed over a thousand people, roughly 400 of which are children. However, hunger, thirst, disease, and shortages of essential supplies threaten the lives of even more; millions of Pakistani people have been displaced over the course of the floods since June. The United Nations Refugee Agency has estimated that 6.4 million people are in need of immediate support. 

Any discussion of rebuilding has been shelved in submerged regions as the flood waters may not recede for months, leaving the thousands of kilometers of roads, tens of thousands of schools, hundreds of thousands of homes, thousands of essential healthcare facilities destroyed by floodwater, and prior residents stranded or displaced. In addition to the initial death toll from the floods, the Pakistani people are facing immediate dangers of water borne disease, lack of access to food, water and shelter, and risks of violence; especially for women, children, and minority groups.

The country’s health system has faced substantial blows, both from loss of structures and supplies caused by the flood and the overwhelming need of those affected. Dehydration, dysentery, cholera, malaria, and dengue fever are ravaging make-shift camps as the flood waters become stagnant and clean water and sanitary supplies become harder to come by. Sindh Province, the second-most populated province in Pakistan, and one of the hardest-hit by the floods, has seen over 300 deaths from water borne-diseases since July.  Early disease surveillance by the WHO has revealed that tens of thousands of cases of flood water-caused diseases are already present amongst those within reach of relief efforts. Countless villages remain stranded as roads and highways are underwater, so the true number of deaths, displaced persons, diseased, and persons otherwise impacted by these crises are expected to climb as more recovery efforts continue to search the flooded regions. 

Without international aid and intervention, an epidemic of disease caused by the floods will cause a second wave of deaths in Pakistan, of which the elderly, children, and pregnant women will be the largest groups facing losses. International aid, medical and humanitarian organizations have joined the Pakistani government and are regularly dropping medical supplies, malaria nets, food and provisional shelters, but the need continues to grow as more people find their way to temporary camps and the rate of disease climbs. 

Source: Oxfam International Via Flickr

Human Rights & The Most Vulnerable

A nation’s most vulnerable populations are often the ones who suffer the worst effects for the longest time after a natural disaster like these floods. For Pakistan, those vulnerable groups are women, children, the Khwaja Sira (transgender) community, those living in extreme poverty, religious minorities, and other marginalized groups. Typically, socially disadvantaged groups are living in regions with lesser infrastructure, facing the initial worst impacts of natural disasters, but marginalized status often leads to upwards battles to access humanitarian aid after the disaster as well. There are estimated to be 650,000 pregnant women displaced in Pakistan right now, in urgent need of maternal health care and safe, sterile facilities to give birth in, with many taking perilous journeys in hopes of reaching a hospital or safe places to give birth.

CARE, an international human rights and social justice organization, spoke on this concern. Pakistan Country Director for CARE, Adil Sheraz said, “With entire villages washed away, families broken up and many people sleeping under the sky, the usual social structures that keep people safe have fallen away, and this can be very dangerous for women and girls.” 

Following the 2010 floods in Pakistan, denial of aid and violence against minorities became a prevalent issue and large protests against law enforcement arose due to their failure to protect vulnerable groups. Preventative measures against recurrence of these issues have been few and far between since 2010, and international human rights communities are on high alert for rising reports of discrimination in relief distribution and crimes against minorities. Reports of sexual violence have already increased following the floods.

In addition to some of the most vulnerable Pakistanis are roughly 800,000 Afghani refugees who have been hosted by Pakistan in Sindh and Balochistan; two provinces faced with the worst of the flooding and submersion. Pakistan has a deep history of offering asylum and refuge for those fleeing across the border from conflict in Afghanistan, and is home to 1.4 million Afghani refugees currently in 2022. Following the August 2021 withdrawal of US troops from Afghanistan, the Islamic Emirate government (also known as the Taliban), Pakistan became an even more essential haven for the influx of refugees fleeing a violent authoritarian regime. In the wake of this natural disaster, the loss of $30 billion dollars worth of infrastructure, homes and supplies, and facing an economic crisis, Afghani people with hopes of finding refuge in Pakistan must now find new routes to safety. 

Source: Ali Hyder Junejo

Environmental Justice & Climate Change

Though Pakistan faces annual flooding of the Indus river from heavy rains in monsoon season, record breaking rains preceded by an extended heatwave contributed to an unrivaled degree of flooding this summer. Heatwaves brought temperatures around 50° Celsius (122° Fahrenheit) to India and Pakistan between March and May of this year. Monsoon rains followed the spring heatwaves, and in the regions of Sindh and Balochistan rainfall reached 500% above average. The 2022 floods will leave a significant economic, infrastructural, and humanitarian impact on the country of roughly 220 million people. The reason for the dramatic influx in severity is complex, but simple at its core: climate change.

Pakistan is facing an unfair share of the consequences of climate change; while it was responsible for only .3% of global CO2 emissions in 2020, it is likely that this year’s heatwaves and floods will be on the less severe end of what is to come. The United Nations has deemed Pakistan a “climate change hotspot”, stating that people in South Asia are 15 times more likely to die from climate impacts. As the global temperature rises and geohazards become more extreme, disaster-prone regions like Pakistan will face more and more devastation. The best prognosis for the region comes with prevention efforts like strengthening anti-disaster infrastructures. As the global north is responsible for 92% of excess emissions contributing to global warming and climate change, Pakistan, the United Nations, and other international agencies are calling for countries like the United States to make increased contributions to relief funds and infrastructure development overseas.

United Nations Secretary-General Antonio Guterres, while visiting Pakistan in September 2022, said, “…the fact is that we are already living in a world where climate change is acting in such a devastating way. So, there must be massive support to what usually is called adaptation, which means to build resilient infrastructure and to support resilient communities and to create conditions for those that are in the hotspots of climate change. Pakistan is one of the hotspots of climate change. For those countries to be able to prepare for the next disaster and to be able to resist the next disaster, this needs a huge investment and this investment needs to be provided.”

Relief & Aid

Pakistan has faced an overwhelming series of calamities since the start of this year, and the impacts from these disasters are greatly exacerbated by food shortages and an economic crisis prior to the start of the disasters in March. There are millions of people in need of aid, and every bit of support helps. If you are unable to financially contribute, please consider sharing this or other articles about this crisis to increase international attention on those who need our help.

For donations of money, time, or other resources, we have compiled some reputable aid agencies below:

  • Pakistan’s Red Crescent Society is providing clean drinking water, medical treatments, temporary housing, and other essential aid across flood-hit regions. Donate or get involved with their flood response efforts here.
  • The United Nations Refugee Agency has provided millions of dollars in aid to Pakistan, and you can contribute here to support their continued relief efforts.
  • The International Medical Corps are on the ground in Pakistan, providing medical care and responses to both the floods and gender-based violence across the country. Find out more & how you can donate here.
  • Muslim Aid has reached over 29,000 people in three affected districts of Pakistan, providing hygiene kits, shelter, and essentials to those in need. Contribute to their fund here.

Cameroon, a Nation Divided

Over 6,000 individuals killed, 765,000 individuals displaced, 2,200,000 individuals in need of humanitarian support, and 600,000 children stripped of their education.

Where, you might ask, is this currently occurring?

Bordering the Atlantic coast in west Central Africa, the country of Cameroon is entering into its sixth year of armed conflict. Deemed the “second most neglected crisis in the world” by The Norwegian Refugee Council, only 29 percent of the country’s Humanitarian Response Plan has been funded and/or implemented.

A map showing Cameroon and surrounding countries
Source: Yahoo Images

Historic Overview

This conflict divides the country of 27 million inhabitants into two distinct groups: the Anglophones and the Francophones. The Anglophones, the English-speaking minority of the West regions, have experienced marginalization across multiple levels by the Francophones, the French-speaking majority of the Central and Eastern regions.

Once comprised of many ethnically distinct kingdoms, or Fondoms, the region now known as Cameroon became established in 1884 under German colonial rule. At the end of World War I, Germany receded control of West Cameroon to Britain, and Central and East Cameroon to France under the League of Nations. European governance remained in place until 1960, when France granted independence to the country of Cameroon. The following year, the British-controlled North-west and South-west regions voted between the option of joining Nigeria or the newly established Cameroon. The North-west region voted to become a part of Nigeria, while the South-west region (now referred to as Southern Cameroons) voted to become a part of Cameroon.

The Root of the Crisis in Southern Cameroons

While the country is formally unified under one government, tensions have simmered for decades, specifically following the 1982 election of Cameroon’s current president, Paul Biya. Under Biya’s governance, the country has faced a decline in economic prosperity and unequal representation of the Anglophone minority. Undertones of opposition erupted into protests in late 2016.

Teachers, lawyers, and judges within Southern Cameroons initiated a series of protests to call for an equal representation of Anglophones and the use of the English language in legal settings, government, economic development, community services, and education, as stated in the constitution of Cameroon. A movement to establish an independent Anglophone nation, Ambazonia, strengthens alongside the protests. The desire for independent Anglophone and Francophone nations relates to the establishment of Cameroon in the 1960s. The British-controlled regions were given the option of joining with the governance of one of their neighboring countries, not the opportunity for independence.

Humanitarian Crisis

Image of soldiers standing next to a fire
Source: Yahoo Images

As tension heightened between the Anglophones and the Francophones throughout 2016 and into 2017, violence ensued. Both groups engaged, and continue to engage, in armed conflict. Armed governmental forces in support of the Francophones and armed separatist forces in support of the Anglophones have created a humanitarian crisis within the country. In addition to the continued acts of direct violence, acts of structural violence run rampant, particularly in Southern Cameroons. Schooling and health care access disrupted, resources blocked, property and land seized, lack of clean water and food, rolling electric and internet outages, individuals imprisoned on political grounds, allegations of election fraud… and the list goes on.

Humanitarian organizations struggle to provide the basic necessities for those affected by this conflict. The number of internally displaced persons (IDPs) and refugees (primarily in neighboring Nigeria) continues to increase, with women and children at particularly high risk. The International Crisis Group currently classifies the conflict in Cameroon as an “unchanged situation”. Additionally, The Institute for Economics and Peace ranks Cameroon 11th globally on the 2022 terrorism index. First-hand accounts continue to be shared that validate these statistics. A cemetery worker in Southern Cameroons reflects in an interview with the BBC, “It is a blessing to be buried at all, let alone by family and friends.”

This is the first in a series of blog posts that will look further into the conflict in Cameroon. Each month a humanitarian need and/or organization working in response to the humanitarian crisis will be featured on the UAB Institute for Human Rights’ blog.

 

A Wonderful World Withering Away: The Malignant Industry of Mining for Minerals

I wanted to include this image to show just how massive mining projects can be.
Source:Yahoo Images; An image depicting some of the equipment used for mining minerals.

Over the past few weeks, we have been examining, in this environmental series, the various ways in which our over-consumption, coupled with the negligent practices of industry, have led to the deterioration and devastation that climate change has yet to fully unleash upon us. We have observed the intersectionality between fast fashion, human rights violations within the industry, and how the fashion industry perpetuates colonialism and imperialism while simultaneously amplifying the climate crisis. We have also studied in detail the process of oil development, and the very real consequences that carelessness from industry can have on communities and ecosystems alike. We have further focused on the lasting implications of these industries, and how environmental racism and exploitation, both of resources and people, have led to global inequities in quality of life. Now, we shift our focus to the mining industry, which encompasses so many raw materials that are transformed into the products we consume on a regular basis around the world. These products include materials for constructing infrastructure like roads and buildings, raw materials used to build and support the electric grid, and even materials used in today’s newest laptops and smartphones. One can even argue that mining is a vital part of an advanced industrial society.

The Mining Industry

I wanted to showcase how mining can cause water pollution
Source: Yahoo Images; An image of a water source that has been polluted due to mining operations in the area.

The mining industry can be categorized into many different groups, but some of the most popular categories include, coal and Uranium mining, metal mining and industrial mining. Coal mining, and the mining for Uranium are largely used for energy purposes, such as generating electricity or using the mined Uranium for nuclear power. Metal mining consists of mining for metals such as zinc, gold, copper, iron, silver, and other such precious materials. These metals can be sold for use in technological devices, but, in cases like iron and zinc, can be turned into various products, from tools to jewelry. Finally, industrial mining digs up raw materials for manufacturing and industrial consumption, including raw materials and chemicals used in construction jobs. These three areas of mining alone impact so many aspects of our society, from our energy consumption to our smart gadgets and our stylish accessories, down to the buildings we work out of, and to the homes we live and grow up in. This is just an introduction to just how crucial a part mining plays in our lives, and why it is necessary for us as a world to begin to ween off of this dependency on mining and shift our focus toward sustainability and renewable resources. In order to fully comprehend the need for this shift, we must look closer at some of the mining techniques and the dramatic impacts their operations have on the environment.

Surface Mining Techniques and their Environmental Impacts

Strip Mining

I wanted to include an example what strip mining looks like
Source: Yahoo Images; An image depicting how destructive mining operations can be. This is only one of the methods used to mine for minerals.

A commonly used surface mining technique, strip mining is used to remove the surface layers of soil until the desired resource is exposed. Especially used for coal extraction, this process includes drilling and blasting portions of the earth to reveal the minable resource. These blasted off pieces of “overburden” are cleared and removed from the site, and chunks of coal, (or other resources), are extracted from the blasted site and loaded up onto trucks that transport them away for use. This method greatly impacts the environment in the surrounding areas. The earth is made up of many layers of minerals. These minerals are made up of decomposed organic matter that have been compressed over time into materials we extract today, such as fossil fuels and sand. One of these layers consist of topsoil, a rich layer of naturally composed, nutrient-rich soil that is crucial to the land’s ability to grow food or herbs. The strip mining method, along with some of the other techniques of mining, leaves the topsoil exposed to the natural elements, and the soil can begin to erode, leaving the land barren and jeopardizing its ability to support life. Strip mining can also pollute nearby sources of water by releasing certain acidic minerals that are dug out of the ground during mining operations and spill into the waterways, react to the water and oxygen, expose the marine life to toxic waters and pollute water sources used for domestic and agricultural consumption. These practices impact the biodiversity of the regions in which they take place, transforming more than just aesthetic beauty for us to enjoy. Biodiversity serves varying purposes, as each organism is part of a larger food chain, and having a rich, vibrant, biodiverse environment comes with its own benefits to the planet and its life forms. Certain keystone species play crucial roles in the survival of an ecosystem, and these mining practices endanger their existence, further deteriorating the conditions of survival for many species living in these areas, including humans.

I wanted to showcase the different layers of the soil
Source: Yahoo Images; The different layers of the soil

Open-Pit Mining

I wanted to showcase an example of an open-pit mining operation
Source: Yahoo Images; An open-pit mining operation that has carved out the sides of mountains and formed a concave pit.

Another surface method of mining is the open-pit mining technique. This process is similar to the strip-mining method, in the sense that it also requires the blasting of mining zones. It does differ however, in that these explosions are used to create large craters, and then machines are used to extract precious materials from these concave, open pits. Materials extracted from this process are also transported away via trucks, similar to the strip-mining method. This method is commonly used for both coal mining, as well as mining metals such as copper, gold, or iron. This method, just like the strip-mining method, causes severe degradation and destruction of the natural environment. Some of these impacts include polluted waterways, air pollution, soil erosion, and a destruction of habitats that support and promote biodiversity. The process of open-pit mining, during the blasting and drilling of the earth, release metals and radioactivity into the dust clouds. Anyone breathing this air is at risk of developing serious respiratory illnesses. In addition to the dust clouds, the emissions released by the heavy machinery also add to the polluted air of which mining workers as well as local residents have to breathe regularly. As if that was not dangerous enough, open-pit mining also causes water pollution, in similar ways to strip-mining. The release of sulfur into the local waterways, and its reaction to the oxygen turns the water acidic, endangering the aquatic life, and poisoning the local communities’ waterways. Similar to other surface mining techniques, the open-pit technique also requires massive amounts of ground water and freshwater for its operations, further threatening the local communities’ access to water.

Mountaintop Removal

I wanted to showcase how mountaintop mining can change the entire landscape of a region
Source: Yahoo Images; A mining operation that used the mountaintop removal method, where the crowns of mountains are removed to expose the minerals below.

One of the most landscape-altering surface mining methods, mountaintop removal is a technique used to mine coal by blasting off the tops of mountains (which are filled with biodiverse forests), tapping directly into the resources they want to mine. Like the other surface mining methods discussed above, this method also has similar environmental impacts to the air, the water, and the area’s biodiversity. The waters are polluted with the toxins released from the mining process, killing off marine life, while entire forests are blasted out of existence. This method of mining is especially harmful for climate change because it permanently alters the topography of an area, releases tons of carbon emissions and other pollutants into the air, while destroying the many trees and plants that could have helped store some of the carbon emissions being released from these operations. This method also leads to soil erosion which can cause an increase in natural disasters such as flooding, forest fires, and landslides, and leave the land barren, making it difficult for local residents to grow crops on it.

These surface mining techniques are some of many methods that are used to extract minerals and valuable resources out of the earth. We discussed in detail the process of oil and natural gas extraction, using drilling and fracking techniques, and many of us are also familiar with the underground coal mines and tunnels that go on for miles beneath the surface. Those extraction methods come with their own risks and hazards to both the environment and its people. While we will not be covering those mining methods in this blog, we will be focusing more on the mining industry more generally, and its impact on human lives.

Human Rights Violations in the Mining Industry

I wanted to include this image to showcase how the mining industry, similar to other industries like Big Oil and fashion, use child labor as a cheaper labor force
Source: Yahoo Images; A depiction of children working in an aboveground mining operation. Similar to Fast Fashion and Big Oil, the mining industry has exploited children and vulnerable communities in order to find cheaper labor forces.

One of the most horrendous violations of human lives comes from the mining industry’s use of child labor in their mines, especially in poorer nations of the global south. While this certainly has to do with issues of environmental racism and avaricious profit motives, child labor has also become an increasingly preferred labor force used in multinational industries like fashion, oil, and mining, to name a few. The use of child labor in mining practices denies these children their entire childhood, and instead exposes them to dangerous working conditions that end up impacting their health for the rest of their lives. These children are exposed to toxic chemicals and micro metals and radioactivity released from the blasting process that they end up breathing in. These are especially harmful for developing children, whose growth can be stunted because of constant exposure to toxins like sulfur, mercury, and uranium. They are also required to work in contaminated waters, leading to skin infections and other issues that can impact their hormone levels and their overall growth. In addition to these dangers, children working at these mining sites are also in constant danger of physical harm from heavy machinery and the possibility of landslides due to weakened landscapes caused by the explosions and other disruptive practices.

Due to the profit-centered nature of these multinational industries, children and adults are exposed to some harrowing working conditions to meet the profit margins. These conditions have serious health implications, including lung disease, hearing issues, exposure to radioactive materials, mental health issues, and even back injuries. Respiratory illnesses and risks of developing chronic lung problems such as black lung disease, are very real consequences of breathing in the polluted air around these mining zones. Workers can develop issues with their hearing due to the loud and constant blasts from the mining operations, as well as the noisy machinery used in the mining areas. The blasts themselves, as discussed above, add metals into the air, and release radioactive gas into the surrounding air. Although some miners are given protective gear against these dangerous gases, miners are frequently required to breathe in this polluted air, which has large amounts of radon, a cancer-causing gas, while simply trying to just do their job. Due to the physically straining work that miners are expected to perform, mining can induce incredible amounts of stress. Miners also are required to work long hours, expend a lot of physical energy, and as a result, are more likely to injure themselves on the job. Although miners in the United States and other industrialized nations have workplace protections that shield the miners from obtaining injuries at the job site (or holding their employers accountable should such workplace injury occur), those working in areas without these regulations are more vulnerable to being injured and receiving little to no compensation or assistance through these injuries.

I wanted to showcase just how much dust and other particles are released from these practices, resulting in air pollution for the entire region
Source: Yahoo Images; An image depicting an aerial view of a mining operation and the massive amounts of dust and other particles that are being released into the air. This is the same air that workers and locals living and working in these areas have to breathe into their lungs.

Why Should We Care and What Can Be Done About It?

Upon reflection, the mining industry seems to be damaging to the environment and, because of its harmful practices, a threat to the future of humanity. Even as we continue to extract more and more minerals from the earth, we are slowly running out of resources to mine. Some experts invested in the mining industry argue that the next step is to switch gears and expand our technological advancements to be able to mine asteroids and other elements in space. While this suggestion might address the issue of resource availability, it does not address the fact that these practices, (along with other industries), are adding to the climate crisis. Until anthropogenic actions are not regulated in industry, climate change is going to continue to be an existential threat to this Earth.

On an international level, therefore, regulations need to be passed on mining practices, and the working conditions of miners. Along with these regulations, multinational corporations that fund this industry should be stopped from exploiting vulnerable nations for their cheap labor and loose regulations. Just like with other natural resources, many of the economies of nations that are exploited for their resources and labor are heavily dependent on the sale of these resources. It is important, therefore, to ensure that they can shift their economies into stable ones that depend on renewable resources before abandoning these already vulnerable nations to deal with the consequences of the exploitation of the mining industry. On a more domestic level, the United States needs to transition into a greener, more sustainable economy so that there is no pressure for constant exploitation of these nonrenewable resources such as coal, oil and gas, and other such minerals. Stopping mining practices can allow the earth to heal and grow back some of the biodiversity that has been lost from centuries of exploitative mining practices. In addition to transitioning into a greener society, we should provide some sort of relief for communities that have been impacted by these careless practices and ensure that remediation attempts take place to restore the impacted lands to conditions that existed before the mining practices took place. On a more personal level, we as consumers have some power over the industries we incentivize. This is still true when it comes to stopping some forms of mining, (such as mining for gems), but largely out of our individual hands when it comes to stopping the use of certain resources that are a crucial part of our infrastructure, such as coal. Even with this in mind, one thing that each person can do is educate one another about the various impacts these mining practices have on the environment and on human lives as a whole. Bringing awareness to issues such as this can help alter the public opinions about using such resources, and in turn can lead to a much-needed paradigm shift in our approach to ending climate change.

India’s UAPA: A Crackdown on Indian Activists

In a move that enraged the international community, the Indian government arrested a Kashmiri human rights activist, Khurram Parvez, under the Unlawful Activities Prevention Act (UAPA) in late November 2021. Parvez, a native of the disputed Jammu Kashmir region that borders India and Pakistan, worked extensively on covering suspicious disappearances and investigating the stories behind unmarked graves in Kashmir. His family reports that authorities ransacked his belongings and confiscated all electronics while threatening their lives, an example of India’s growing role in squeezing the soul out of human rights advocacy using the UAPA.  

#Human rights banner from a protest
“Human Rights for Future” Banner from Amnesty International Source: Unsplash

The Unlawful Activities Prevention Act (UAPA) is an anti-terrorism law that was originally enacted in 1967 to expand Indian authorities’ powers to address individuals that were or were suspected to be a threat to national or economic security. Despite its supposed justified intent, the controversial law has given the federal Indian government unprecedented power over the criminal justice system. In 2019, a new tenet permitting the categorization of individuals rather than organizations as terrorists was added to the law. People could be jailed without clear evidence or bail for months and even decades. A trial is not guaranteed, and if one trial is granted, but the case fails, there is no provision that allows the incarcerated person to be released. According to the Ministry of Home Affairs (MHA), since 2015, arrests made under this provision have increased by 72% in 2019.  

The most widely covered injustice of the UAPA occurred in Bhima Koregaon, a town a few hours south of Mumbai, India. Annually, on January 1st, Dalits in Bhima Koregaon celebrate the victory of their ancestors over an upper-caste ruler as part of the British Army. In 2018, they clashed with Hindu residents during the celebration which resulted in 16 activists jailed under the UAPA for inciting violence at the deadly event. 3 years later, no official charges have been brought up against the 16. All the 16 activists were advocates for historically marginalized groups such as Dalits to protect their rights and elevate their status in society. One of the accused was released in early December 2021 on bail, and another was only released under a temporary medical release after concerns arose about his deteriorating health in July.  

Rv. Stan Swamy, an 84-year-old Jesuit priest and activist from the state of Tamil Nādu was another one of the 16 jailed in connection with the riots that occurred in Bhima-Koregaon, despite never having visited the town. He suffered from Parkinson’s Disease, was infected with Covid-19, and experienced multiple falls and injuries while detained. His requests for accommodations considering the spasms and locked muscles caused by Parkinson’s were also denied by the NIA. No requests for bail were granted even when his health began declining in the spring. Swamy died in jail on July 5th, 2021, because of what the Jamshedpur Jesuit Province calls inadequate health facilities and a lack of regard for human life in dire prison conditions. 

Similar caste violence prefaced the 2020 Delhi Riots in which Hindus and Muslims fought over a new unconstitutional citizenship law. Three student activists were implicated in the violence and were arrested under the UAPA, despite fervently denying the allegations. The three were released after one year on bail, although a fourth student activist is still behind bars for other charges under the UAPA.   

The same pattern repeats in every arrest made under this law: circumstantial detainment then extended detention with no promise for bail or trial. In fact, less than 3% of those brought in by the National Intelligence Agency (NIA) are convicted while many others have died waiting for trial. The right to due process with a fair and speedy trial is a key part of democracy, neither of which is given to those arrested under the UAPA, further suffocating human rights advocacy and discouraging potential activists. Human rights organizations including Frontline Defenders, International Federation for Human Rights, Amnesty International, and the Human Rights Watch fear for the health of free speech in India.  

Gavel
Gavel on a court surface representing law and justice Source: Unsplash

Lawmakers in the congressional houses of India’s federal administration control all of the UAPA provisions, but the judiciary of India, including the Supreme Court, has expressed its frustration and opposition to the anti-terrorism law. Not only is it unconstitutional, but the UAPA also infringes on broadly accepted ethical boundaries and totalitarian behavior. Academic experts, lawyers, journalists, teachers, and activists of all ages step into their shoes every day preparing to face the UAPA when they give voice to marginalized communities.  

This should not be brushed under the rug as a rare occurrence, because the UAPA is another dangerous tactic utilized by the ruling party in India to limit dissent. Akin to determined vultures, over the last couple of years, the government has circled closer to limiting basic freedoms including privacy, speech, assembly, and press. The law was initially aimed to combat terrorism but is now used as a legal tool to silence opposition, tightening the fist around minority populations. As the walls continue to close in, there is a very real possibility for the UAPA to become a harbinger of stifling, authoritative power in India, drastically shifting the definition of terrorism to encompass nonviolent political activity, otherwise known as activism. 

"Human Rights Violated by Modi Government in India" Protest Banner
“Human Rights Violated by Modi Government in India” Protest Banner Source: Unsplash

The UAPA is only a small part of a growing tsunami of problems seen around the globe. According to the Economist Intelligence Unit (EIU), India has fallen to 53rd place in the Democracy Index – evident of a growing trend of backsliding democracy. The EIU has attributed India’s shortcomings to the increasing focus of religious sentiment in what is supposed to be a secular state, reinforcing harmful traditional stereotypes about wealth, race, and caste, while preventing social mobility for the less fortunate. Last year, India unveiled a new citizenship plan that hinders persecuted Muslims from becoming naturalized Indian citizens, a proposal that inflamed religious tensions already encouraged by India’s national Prime Minister.  

Human rights advocates and activists are the light in the dark for millions of people around the world, not only in India. Similarly, more than a few countries are seeking ways to funnel away basic rights that they see as disruptive to their goals of obtaining more control over their people and thus an iota of more power in the global discourse. If India succeeds with this violation of human rights and human rights defenders, it will set an irreversible precedent that countries similar to India in their ideological associations will follow. The international community must call for action and consequences for India’s actions. More support and funding from the international community should flow into the judicial system to question the legislation passed by Congress as well as organizations defending human rights activists to ensure the marginalized in India stand a fighting chance.   

The Hijab Row: The Latest on India’s Nationalist Actions

Societal destabilization is a normal part of any dystopian novel. The government cannot come to a consensus, politicians treat countries as puppets, and somehow, an awkward yet powerful adolescent is thrust into the spotlight to save the world. It is slowly dawning on the world that this outlandish twist of fate is now a reality.  

In January 2022, Karnataka, a state on India’s southwestern coastal border, banned hijabs in educational institutions. The epicenter of this issue is at the Government Pre-College University for Girls in the Udipi district of Karnataka, where Muslim students say that when they returned to school this past September, they were threatened to either remove the hijab or be marked absent. The girls were not allowed to attend classes or write their exams in their hijabs. This situation is not only a paramount issue and manifestation of India’s growing nationalist agenda, but also signals a threat to a fundamental right guaranteed in the Indian Constitution: religious freedom. 

Muslim woman wearing a head covering
Muslim woman wearing a head covering Source: Unsplash

Politics 

The Bhartiya Janata Party (BJP), the ruling political party of India, is infamous for its right-wing actions against minorities. The pride of the party, Prime Minister Narendra Modi, is a devout Hindu and believes that a superior India will only be restored to glory by becoming homogenous, a passion increasingly echoed across India. In recent years, minority alienation in terms of religion, caste, and gender has accelerated. Hindu activist groups in Karnataka believe the hijab ban is essential for social equality and for providing an unbiased classroom for every student to learn. Hindu student activists view the hijab as a symbol of the oppression of Muslim girls and wish to remove them for the sake of religious equality in education. They also compare the hijab to a saffron shawl Hindus often wear in religious ceremonies. It was implied that if hijabs are allowed, then every Hindu should be allowed to wear the saffron shawl to class as well.  

History 

Despite the social equity of this ban, the defense of upholding it is rather weak. This ban forces Muslim girls to choose between their religion, their bodily autonomy, or their education. Who can learn properly when they don’t feel comfortable in their own body? When the hijab is a part of your identity, not wearing it can be a source of ceaseless discomfort and alienation from your body and your perception of yourself.  

17-year-old Aliya Assadi, a karate champion in the city of Udupi, summarized the necessity of the hijab in one statement. Much like other Muslim girls, Assadi derives confidence and is assured by wearing her hijab. Removing it is not an option for her because it is a lifestyle that she pays her respects to. Assadi does not feel oppressed in her hijab but being forced to remove it is embarrassing and humiliating.  

Rows of seats in a university lecture hall
Rows of seats in a university lecture hall Source: Unsplash

The National Congress Party, BJP’s competition, vehemently opposes the hijab ban and stated that it is a violation of religious freedom. The BJP’s response asserted that the hijab is not an essential manifestation or practice of Islam, and therefore, the ban is not a violation of the Constitution. The Quran, the primary religious text in Islam, states that “It is not that if the practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory, and it ceases to be a religion.” Based on this one quote, the Karnataka High Court deemed the hijab not essential for religious practice, ruled that the ban was constitutional, and dismissed all petitions made by Muslim girls barred from attending class. However, the hijab has more meaning than a literal interpretation of the Koran. Each of the groups that practice Islam in India and across the world have different cultural values and exhibits diversity in their traditions. Similarly, the hijab has underlying traditional value for each person or group, and in some parts of the world, the hijab is a symbol of resistance.  

Religious freedom, however, is just the tip of the iceberg. Banning hijabs imposes on equal access to education and women’s rights because, without comfort and peace of mind in oneself, students cannot learn to their optimal ability. Yet, this problem does not extend to male students. This is the reason for their apparent alienation from the education system, which should be teaching them how to be successful and advocate for their beliefs. The right to education without discrimination on religion or gender is a universal human right—a human right that is being violated.  

Future Implications 

As religious divides deepen between Muslims and Hindus in India, human rights defenders worry that other states will consider enacting a similar ban on hijabs now that the precedent has been set. This is a potential slippery slope that may alienate the Muslim population with additional restrictions and obligations narrowing their sense of self. Already, far-right Hindu groups have claimed that Gujarat, Prime Minister Modi’s home state, is in the process of creating a hijab ban and Uttar Pradesh is next. The majority of both states’ politicians identify as members of the BJP, as well.  

The Muslim girls, however, are not close to surrendering in this fight. They plan to appeal to India’s Supreme Court for a final, unbiased verdict on the case. The young people of India, now the majority age group in the country, are attempting to take India’s future into their own hands. The ramifications of this case, if the Supreme Court were to hear it, will be momentous.  

For years, a Hindu nationalist agenda has decreased the rights and autonomy of minorities of all classes. Often, these moves were underhanded and created through loopholes or loose interpretations of the law—just as the hijab ban was. Once the ban’s constitutionality reaches the Supreme Court, the whole country, including the federal administration, will be put on trial for their actions in the past and the future by India’s minority and majority populations.  

Women in hijabs at a protest with signage "Hijab our Right"
Women in hijabs at a protest with signage “Hijab our Right” Source: Flickr

International Consequences 

Unfortunately, islamophobia and minority discrimination are ideologies that have centuries of history behind them, and it will be challenging to fight this growing movement. When we think of history makers and game changers, it is often about one person with enough strength and bravery to face the world. However, lasting progress is sustained by consistent change and accountability. Anyone can fight and advocate against Islamophobia, and, eventually, a little effort from millions can be amassed into a movement capable of changing society from within.  

Countless organizations, lawyers, and legislators are facing the brunt of standing their ground against harsher political movements, but the public perspective must change first. In India, is important to communicate the despicable nature of Islamophobia online. Residents can report to the police commissioner or the District Magistrate in-person, or they can tag national authorities on social media such as the Ministry of Home, international human rights groups, and UN agencies. Openly support your neighbors or community members and help them file FIRs against Islamophobia acts and follow directives from local anti-Islamophobic organizations. In America at least, people can support anti-Islamophobic legislation and communicate with their government representatives about their discontent and rage over the treatment of their Muslim counterparts. People can also support American Indivisible and Shoulder to Shoulder, organizations that work to dismantle structural islamophobia. Regardless of your location, demonstrating solidarity and opening honest conversations is an imperative initial step to combating Islamophobia. 

A Wonderful World Withering Away: Crude Oil, Cruelty, and the Climate Crisis

I wanted to include a visual image of how much impact oil spills can have.
Source: Yahoo Images; An image depicting an oil spill over a body of water that caused a fire to break out.

As gas prices continue to skyrocket in response to the ongoing crisis in Ukraine, many people are feeling the impacts of our global reliance on nonrenewable resources and reconsidering the pros and cons of our collective consumption of these natural resources. Many nations are worried about how their access to natural resources is closely related to the foreign relations and policies they support. Others, like Germany, see this as an opportunity to relieve their dependency on nonrenewable resources as a whole, and to transform their societies to use greener, more sustainable, renewable resources, such as solar and wind energy. As climate change continues to be a growing threat to the future of humanity, transitioning our societies and our infrastructure to support and even incentivize the use of renewable resources can serve the purpose of not only combating climate change but can also create new job opportunities worldwide. To comprehend the need to shift to a more sustainable society, we need to focus on the details of the oil development process. This includes the development, transportation, and distribution of the oil products, and how oil wastes are managed. Examining these issues more carefully can help us better understand how these processes impact the environment around us. The oil and gas industry is responsible for countless environmental and human rights violations, and their practices and international influence have horrifying consequences. It is crucial, now more than ever, to realize just how dependent we are on this resource, how that dependency can lead us to make flawed foreign policy decisions, and why that can have irreversible consequences on the future of mankind.

Crude Oil and the Environment

Crude Oil Extraction and Development

I wanted to provide an image of some of the technology used in oil extraction
Source: Yahoo Images; An image depicting some of the oil development infrastructures, like the oil rig in this image.

The process of developing and refining oil is a complex one, in which the crude oil is separated into many different products throughout the process. Crude oil is separated into gasoline, diesel, petroleum, jet fuel, and even propane gas, to name a few. To explain a complex process simply, oil development infrastructures are built near sites rich with natural oil and gas, and this infrastructure drills the resources out of the ground in an extraction process. The extraction process, after the initial extraction of the resources, also includes the practice of fracking. The process of fracking includes the use of fracking fluid, made up of water, sand, and chemicals, which are injected back down the drilled site forcefully, in order to extract any remaining amounts of oil and gas hidden inside of rocks. The extracted oil, known as crude oil, is then processed in various ways to refine the crude oil into petroleum products. Crude oil goes under a distillation process, where it is heated up in a furnace and distilled in a tower that separates the various products based on varying temperatures and density and is treated in special vacuum units and cracking units to deliver the final set of products. The special vacuums help separate the various products based on temperature and density, and the cracking units alter the molecular weight of hydrogen atoms to form the final products. Each barrel of crude oil can produce about half a barrel of gasoline, a quarter of a barrel of diesel fuel, a tenth of a barrel of jet fuel, and the rest can be refined to be used as other petroleum products.

In this part of the oil development process, one of the most environmentally impactful practices is the process of fracking. This process has harmed both the environment and its residents, and in this way, can have long-term consequences. It includes the possibility of fracking fluids leaking into groundwater, or surface water, and polluting these sources with cancer-causing chemicals. Also, the process of fracking alone requires tremendous amounts of water to extract the last bits of oil and gas trapped inside rocks. In this way, fracking is not only polluting the underground and above water sources, it is also using the remaining clean water for the fracking itself. Since the rise of fracking practices over the past few decades, even American residents who live in places such as Flint, Michigan, have been struggling with health concerns and having access to clean water due to fracking practices in their community. These are all consequences of simply one part of the oil development process. Once the oil is developed, how is the waste from the process managed?

Managing the Waste from the Oil Development Process

I wanted to visually portray some of the real consequences of irresponsible disposal of waste.
Source: Yahoo Images; An image of an unlined sludge pit, where the wastes from the oil development process are being stored without a barrier between the waste and the soil. This can lead to polluted groundwaters and aquifers, as well as cause soil pollution.

Following the extraction and refinement of the crude oil, the wastes that are derived from this process, which is a mixture of water, minerals, chemicals, oil waste, and the toxins released from the process, are required to be treated, stored, and disposed of in specified ways outlined by regulatory legislations. These requirements maintain that the oil waste referred to as sludge, is to be treated so that hazardous chemicals are removed from the sludge, stored in safe areas, (such as above-ground pits that are lined to prevent the wastes from seeping into the soil or the groundwater), and disposed of in secure, underground landfills with specific disposal instructions.

Failure to adhere to the safe disposal of these hazardous wastes can cause environmental, physical, and social harm. Even during the disposal process, including treatment of hazardous waste, storage of the sludge, and safe disposal of this waste, pose incredible risks to both the environment and the health of both the employees and the local residents exposed to this waste. Hazardous waste is generally treated through various methods, like incinerating the waste, which leads to greater air pollution in nearby areas. These chemicals in the air can then be breathed in by employees, or can even be carried to nearby civilian populations, increasing the risks of respiratory illnesses among its citizens. As with the case in Ecuador, (explained below), some oil and gas companies have been reported to store these wastes in unlined pits, and incinerate them in the open, instead of in an enclosed, controlled environment. These corrupt practices further cause respiratory issues for local residents in the area.

Water is also used throughout the oil development process, and because it contains chemicals and toxins that have mixed in with these products, the leftover sludge is supposed to be treated and disposed of with extreme caution at the end of the process. In order to do this, massive pits are dug up and lined in the ground, where the sludge is stored until it can be treated and disposed of. Not doing so can endanger the surrounding environment, as the sludge can leak into the ground, polluting the soil and rendering it infertile for plant growth. It can also seep into nearby streams and rivers, polluting drinking water used by local populations and the area’s species alike. Similarly, although many nations have strict laws on the books requiring oil companies to store waste in lined pits, many wind up storing the sludge in unlined pits, polluting the nearby waters, and leaking oil sludge into the soil. This not only impacts the ecosystem that depends on the soil and the nearby water sources but also prevents the polluted soil from being used for agriculture, impacting the local food security.

I wanted to showcase how oil spills impact wildlife and marine life.
Source: Yahoo Images; An image of a pelican covered in oil. This is an example of what happens to the wildlife that encounters oil spills.

Additionally, people who use those streams for recreational purposes, end up developing skin rashes, cancer, and other health issues. When disposing of hazardous waste, if it is not done properly, or if the waste begins to seep into the earth, it can continue to accumulate and pollute our lands and waters. Furthermore, because of the longevity of these hazardous chemicals, if they contaminate our groundwaters or aquifers, they can be very hard to treat, and the water can stay contaminated indefinitely. These chemicals can even accumulate in the species that use these waters for nourishment, and as a result, bioaccumulate inside humans through the web of consumption. Throughout the process of treating, storing, and disposing of the sludge, oil companies attempt to extract and reuse as much of the exploitable oil from the process, attempting to recycle as much of the resource as possible. Even though this process of recycling the resource is less wasteful, it still ends up adding pollutants into the atmosphere and environment and impacting the lives of all the organisms sharing the land and its resources. Although we have been exposed to the countless impacts oil development, and oil waste treatment have on the environment and its life forms,   the transportation of oil poses risks that are equally horrifying.

Oil Transportation and Distribution

I wanted to include this image to show how dangerous it can be for the local residents if there are leaking pipelines. The massive lengths of these pipelines increase the damage their leaks can do.
Source: Yahoo Images; An image showcasing how long and disruptive pipelines can be to the environment, and some of the potential hazards from defective pipelines

The dangers that come from the irresponsible handling of oil and gas do not only pertain to the development of the oil products, or the disposal of their waste. The oil can pose grave dangers to the environment through the process of transporting refined goods, either by land or across the seas. Pipelines have been constructed to transport oil domestically and they run along hundreds of miles of populated land putting the residents near these pipelines at risk. Many protests have broken out against the building of new pipelines. One such example is the protests that broke out against the building of the Keystone XL pipeline, which was proposed to be built over the Ogalala Aquifer, a source of water for residential and agricultural use that serves millions of Americans living in nearby states. Many people opposed the pipeline being built because of the danger of oil spills polluting one of the main sources of drinking water for people in this area. These pipelines can also cut across the migration routes used by many species that reside in those areas, injuring, or even killing many organisms that travel these routes and further jeopardizing the biodiversity of the impacted areas. Biodiversity is an essential element to the survival of all life forms on Earth. Each organism plays an important role, (no matter how small or insignificant it may seem to us), to maintain the functionality of various ecosystems. Part of the dangers posed by this threat to biodiversity comes from the fear of losing keystone species, ones that play a fundamental role in the existence of certain ecosystems. Without these players, the entire ecosystem can be altered in disastrous ways, and this would in turn lead to more loss of biodiversity, feeding into a positive feedback loop that helps accelerate the climate crisis.

Furthermore, there are many dangers posed by shipments of oil across large bodies of water, including the possibility of oil spills occurring in the middle of the ocean or large bodies of water, destroying marine biodiversity. Oil spills are not only damaging marine life but are also tremendously difficult to clean up on large bodies of water. This has been a constant issue that the oil industry has struggled with. Some of these massive spills, such as the Exxon Valdez spill, or the Deepwater Horizon oil spill, have left the impacted communities with immense consequences. The Exxon Valdez spill was responsible for spilling 11 million gallons of oil into the waters of the Gulf of Alaska, destroying countless species of fish and marine wildlife, and polluting the waters, impacting the livelihood of the local communities whose economies depended on the marine wildlife. The Deepwater Horizon oil spill, which occurred off the coast of the Gulf of Mexico, was caused by the fracturing of a weak core inside the oil rig. This fracture released natural gas into the rig, and caused an explosion, allowing for the leakage of oil into the gulf. Approximately 134 million gallons of oil spilled into the waters, marking this event as one of the biggest oil spills in American history. Along with the environmental impacts that both these spills brought about, the process used to clean up the oil spill also uses many chemicals that can lead to a number of health issues, including cancer, developmental and reproductive issues, respiratory issues, and even food poisoning from consuming contaminated seafood and wildlife. These health issues impact not only the people that live near these spill sites but also the workers who are part of the clean-up team, inhaling the fumes and toxins from the cleanup process.

I wanted to include this image to showcase just how intense the clean-up process can be after encountering an oil spill.
Source: Yahoo Images; An image depicting a clean-up crew, dealing with the aftermath of an oil spill

Environmental Racism and Big Oil

Environmental Racism

After learning about how oil is produced, distributed, and the ways in which oil waste is disposed of, it is equally important to examine who is largely impacted by these practices. As with many other industries that have practices that cause pollution, oil companies have long been accused of being negligent and careless when operating in disenfranchised areas, whether it be domestic, or international. In America, oil infrastructures and waste disposal sites are generally located in impoverished areas, and these areas are largely occupied by people of color, especially African Americans, and Native Americans. African Americans have historically been forced into impoverished and polluted spaces, and forced to work the most dangerous or strenuous jobs. The targeting of Native Americans by these industries is especially cruel due to their spiritual bond with the environment and its many wonders, and their cultural dependence on the environment as a whole. In a similar fashion, on the international stage, the disproportionate exposure from the oil infrastructures seems to be more prominent in poverty-stricken nations, and because the oil companies operating in poor nations have a greater political and economic influence over the governments and their people, they are able to evade the strict environmental regulation policies, endangering the planet, and its people in the process.

The reality of environmental racism in the oil industry, and its negligent practices, may be influenced by historical tones of colonialism and imperialism. Ecuador is one such nation that has been exposed to environmental racism, and one that has been fighting for environmental justice from the recklessness of the oil industry for over twenty years. Ecuadorians have been struggling to hold Chevron accountable for its faulty oil infrastructure, and the consequences to the environment and the local residents as a result of its operations. Commonly referred to as the “Amazon Chernobyl,” the oil development process in Ecuador has had environmental and health impacts that are magnificently larger than the Exxon Valdez spill. During its operation in Ecuador, Texaco, (and Chevron, through its ownership), has been responsible for spilling over 17 billion gallons of oil into Ecuadorian lands, and over 16 billion gallons of toxic waste into the local sources of water. The Ecuadorians addressed many of the health issues that were caused by the operation of the oil infrastructure and brought attention to the corrupt practices of Chevron. The Ecuadorians argued that Texaco, (which was bought by Chevron in 2001), had dumped their toxic wastes into unlined landfills and water sources both above and below the surface. Over 900 unlined pits were discovered through the investigation process of the class-action lawsuit filed against Chevron. At times, when the pits were overflowing, the oil company would just spread excess amounts of crude oil wastes onto the roads traversed by locals. Additionally, they argued that Texaco had violated their right to live on their ancestral lands, forcing them to migrate away from the water sources that were crucial for their survival. Furthermore, Texaco’s practices polluted their soils and waterways, endangering their food sources, and destroying the biodiversity of the environment. The Ecuadorians filed a class lawsuit against Chevron, arguing that Chevron had lied about its remediation attempts, (where the environmental damages are addressed and reversed), insisting that Chevron had just covered over large unlined pits with mounds of soil instead of properly treating the wastes. This lawsuit as investigated and processed in Ecuador recognized the pain and suffering of its Ecuadorian plaintiffs and rewarded them with a $9.5 billion settlement from Chevron. Instead of paying this settlement, Chevron has continually tried to downplay its egregious acts and has been attempting to shift the attention from the Ecuadorian lawsuit, to propose unfounded claims of corruption during the trial process in Ecuadorian courts. Chevron’s response to this lawsuit has been a massive overreach of corporate influence over the judicial process, in which they have been attempting to control the outcome of the lawsuit against them. Chevron’s latest attempts at influencing this outcome have been to harass human rights lawyer Steven Donziger, who worked on the Ecuadorian case against Chevron.

The Ecuadorian case is just one example out of many that exist around the world. Poorer nations are exploited for their resources and their cheap labor, and exposed to harmful chemicals and the pollution of their air, waters, and lands, slowly killing off the inhabitants of the Global South, or leaving them behind with multiple health issues and contaminated resources. These negligent actions are impacting the immediate areas of oil development but also wrecking the livelihood of its inhabitants nearby. Although the impacts of the oil industry’s practices are so widespread, because of its scope and political influence on the global stage, Big Oil continues to exploit vulnerable populations without much regulation or accountability.

I wanted to include this image to showcase how easily freshwater sources and groundwater sources can be polluted by the process of extracting, transporting, and irresponsibly disposing of oil sludge.
Source: Yahoo Images; A picture of a river polluted from an oil spill

Big Oil and its Impact on International Affairs

Big Oil, referring to the massive influence the oil and gas industry has worldwide, is largely responsible for the public belief that oil and gas are necessary resources for human survival, and as a result, holds a great deal of influence over policies both domestic and abroad. There are many reasons behind Big Oil’s power, and its massive wealth (and its access to resources as a result), allow the industry access to political leaders (and policy decisions) throughout the world. Some of these oil companies have more money than the financial capabilities of entire nations. For example, according to Business Insider, Chevron, alone, has enough wealth to rank as the 46th largest nation in the world. They have more wealth than the GDP of the Czech Republic.

Along with this massive wealth, comes an immense amount of political power, especially since these oil companies have access to markets worldwide, and rely on the vulnerabilities of Global South nations as a cheap labor source. Big Oil companies are usually multi-national companies, where they have access to global markets, and due to the sale of highly valued resources such as oil and gas, these companies also have immense influence over how regulatory laws are created in economically vulnerable nations. In exchange for the host nation’s connection to the global market and an increase in job opportunities, these companies, like other multi-national companies, employ locals for a cheaper labor force, under loosely regulated conditions, to maximize profits. In this way, nations with harsher environmental regulations, predominantly Western nations, and even within them, communities with more environmental oversight (predominantly wealthier communities), are less vulnerable to the predatory ways of Big Oil.

To maintain this global influence, Big Oil has helped launch and has funded campaigns against climate change. Many of the think tanks that propose “evidence” to debunk climate science is funded by Big Oil. These climate deniers have transformed the climate issue from an existential crisis that requires global cooperation to a controversial issue, delaying the much-needed global actions to stop climate change from destroying the planet. In this way, big oil controls the geopolitical policies among nations, and because of the global dependence on these resources, Big Oil has immense control over the climate discourse and the global struggle against climate change.

What Can We Do?: Releasing Big Oil’s Global Stronghold

There are various levels at which this issue can be addressed. Globally, all nations need to shift from an economy that depends on nonrenewable energy sources, to one that is more sustainable and greener. This means transforming our infrastructure to support renewable sources of energy, preserving what little biodiversity we have left, and engaging in a global remediation project to possibly reverse some of the effects of climate change. On the international stage, the United Nations needs to establish a system that is in charge of regulating multi-national corporations and holding them accountable for instances of human rights violations, such as exploitation and environmental racism, and propose an environmental rights charter in the same way we have charters on civil, political, social, economic, and cultural rights. Non-Governmental Organizations (NGOs), like Amazon Watch, are bringing attention to the exploitations and environmental degradations of the Amazonian Rainforest, and its impact on the local residents. Supporting such organizations can be a start. We can also pressure our representatives and political leaders to vote on greener legislation and denounce subsidizing oil companies. Additionally, we can urge our lawmakers to help shift the society and economy to support a more sustainable future. This can only be done by holding policymakers accountable for their campaign donations, urging them to refuse campaign funding from Big Oil companies, which can influence their loyalties on policy positions. We also need to be in favor of bettering our infrastructure and public transportation systems. Doing so would allow us to be less reliant on oil and gas for private consumption while improving our public transportation systems to provide better access to all those living on the outskirts. On the state and local levels, we can pressure our school boards to include teaching environmental science in the core curriculums. Doing so would introduce younger generations to living more sustainable lives, and in the process, establish the global realities and consequences of anthropogenic climate change. There also needs to be more discussion about instances of environmental racism and how best to combat it with social policies. Finally, if you want to make personal changes to your lifestyle instead, you can do your part by paying attention to what’s going on around you. You can stand up for the plight of those who are being forced to deal with environmental racism by educating your friends and family. Also, you can make incremental changes to your behavior to transition your lifestyle into a greener, sustainable one.

 

Afghanistan’s Deteriorating Healthcare System

Afghanistan’s healthcare infrastructure is crumbling after its foreign assets were frozen and donor organizations pulled funding after the Taliban takeover. The Taliban is a Pashtun Islamic extremist group that is known for imposing strict religious and conservative rule over their areas of operation including Afghanistan and Pakistan. The organization previously served as the government for southern Afghanistan in 1996-2001 during which the healthcare system had collapsed. The child mortality rate was 2x as high as it was in 2012 and polio was widespread. Safe drinking water and sanitation were also nonexistent.

Over the past two decades, non-governmental organizations (NGOs) have historically provided 75% of the funding and supplies to support the healthcare systems in 31 out of the 34 provinces of Afghanistan. As a result, the Middle Eastern country has seen enormous improvements in the healthcare system. As of 2018, with over 3,000 medical facilities staffed and supplied, about 87% of the population were able to receive services. Maternal and child mortality rates also plummeted and infectious disease treatment programs helped decrease mortality rates.  

International donor support started declining even before the Covid-19 pandemic, and Afghanistan’s Ministry of Health and other public health organizations were barely able to compensate. The economic decline at the onset of the pandemic made medical resources even more scarce. Hospitals began charging payment for supplies such as meals and scalpels previously free to patients, and patients were forced to use their own money to buy surgical equipment. In April 2021, President Biden announced that the United States would withdraw all of their 2,500 troops from the Afghanistan, triggering the entire NATO (North American Treaty Organization) alliance to withdraw a total of 7,000 troops. The process was completed in mid-September. Shortly thereafter, the Taliban rose to power once again in Afghanistan.

 A pile of international notes from the United States, Turkey, and Europe.
A pile of international notes from the United States, Turkey, and Europe. Source: Unsplash

The World Bank then froze $600 million in health care aid funded by the US Agency for International Development, the European Union, and others. The $600 million was part of the Sehatmandi project, a global initiative to increase health facilities in Afghanistan, which was a collaboration with the Afghanistan government. The withdrawal shut down 2000 of the 2800 facilities that the project previously funded, leaving healthcare workers and patients out in the wind. Currently, healthcare workers have not received payment in 6 months and do not know when they will receive payment. Many patients struggle to reach the remaining facilities because the trip there is either unaffordable, geographically dangerous, too far, or the route is lined with Taliban conflict. 

If provided now, donors feared that donations and allocations would be misused by the Taliban to generate income for the militant group instead of for healthcare problems. There is speculation that if the funds are released, wages will never reach workers and medical supplies will be bought then sold to the public at astronomical prices. All entities are waiting on instructions or action from other governments to search for a way to transfer donations in order to circumvent the regime’s administration.  

Healthcare for Children 

A toddler girl biting into her shirt sleeve next to her parent.
A toddler girl biting into her shirt sleeve next to her parent in Afghanistan. Source: Unsplash

Hunger is becoming more widespread as inflation rates climb and supply chains grow unsteady. The Integrated Food Insecurity Phase Classification (IPC) reported that half of Afghans will face acute food insecurity before winter arrives.  

Malnutrition and malnutrition-related illnesses are far more dangerous than any other disease for children. Specific types of malnutrition called acute severe malnutrition and child kwashiorkor, a severe protein deficiency, is prevalent in Afghanistan and are caused by eating too little food or not at all. It can be treated by administering Ready To Use Therapeutic Food (RUTF) and oral hydration therapy. Over 2 million children under 5 years old do not have access to this life saving treatment in Afghanistan. At least half of the children in the country are victims of malnutrition and in light of the food scarcity, mothers unable to produce breastmilk have resorted to feeding infants water mixed with sugar. 

Staffing shortages are also insurmountable. Nurses and doctors fled the country fearing what the Taliban’s takeover could mean for their lives. In the main children’s hospital in Kabul, nurses previously caring for 4 babies now have to care for 24 babies each while hospital staff try to squeeze 3 infants into 1 incubator due to equipment shortages. Current staff are overworked and still have to take up jobs at other institutions to get by. Medicinal needs are also not being met for children and adults. Drug cabinets and storage closets become emptier every day as the influx of patients has depleted the resources faster than can be transported into the country. 

A hand holding a cluster of large, yellow tablets.
A hand holding a cluster of large, yellow tablets that are basic medications that Afghans need. Source: Unsplash

Women’s Health 

The aid cuts have also decreased access to essential healthcare resources for women and girls, including contraception and family planning. Many women carry out risky pregnancies and are subjected to unsafe reproductive procedures without modern medical equipment. Prenatal and postnatal care for infants is not provided, and postpartum care for new mothers is nonexistent. Despite the labor shortages, a great deal of responsibilities for maternal health clinics are on the backs of midwives. Midwives continue to perform complicated surgeries, dangerous deliveries, and other reproductive procedures.  

Expensive medicines and transportation to clinics for health problems are not feasible for the majority of Afghan women. Beginning in early 2017, extremist groups turned their sights on medical facilities in Afghanistan, which led to increase of attacks on aid workers, doctors, and hospitals. Mounting fear against staying in maternity clinics has also driven many women away from seeking help.  

Covid-19 Pandemic 

The lack of data and accountability in Afghanistan makes it difficult to comprehend the extent to which the virus has contributed to the death rate. Around the world, Covid cases are increasing, and the Afghan population is largely unvaccinated. According to the latest data from the United Nations, only 2.2 million of 39 million individuals have been vaccinated, while 1.8 million doses are waiting to be distributed.  

Public health experts worry that an impending 4th wave of the disease will render the healthcare infrastructure irreparable. Dead bodies line hospital morgues and overflow into the outside corridors as the lack of fuel has stopped ambulances from operating. Many sick patients suffering from Covid don’t bother coming to hospitals, because they know they would not be able to receive medical assistance. Hospitals, private practices, and clinics are resorting to hastily assembling makeshift wards outside hospitals to accommodate Covid patients.  

The healthcare situation in Afghanistan has been worsening for years, and in light of the looming public health disaster, much more support from the international community is needed. The snowball effect of international neglect will continue unless major monetary, political, economic, and healthcare interventions are considered. Nonprofit health organizations such as Doctors Without Borders have been tackling both maternal and child healthcare as well as managing Covid cases in 5 provinces, but people can help by donating to Doctors Without Borders, United Nations Children’s Fund (UNICEF), and increasing awareness for the healthcare crisis in Afghanistan.