Tag: Muslims

Why Our Criminal Justice System Is Working So Well

 

Source: Yahoo Image, KQED

The justice system is working perfectly. It’s doing exactly what it was designed to do. 

The withholding of information by prosecutors violating the Brady Rule, the failure to investigate other potential suspects, and a lawyer who failed to follow a potential alibi are some ways that the justice system convicted Adnan Syed of the murder of Hae Min Lee. Adnan spent 23 years in prison after a jury found him guilty of the murder of his ex-girlfriend. His sentence was recently vacated, and DNA evidence exonerated him. AFTER MORE THAN TWO DECADES! What went wrong? The jury believed that he was guilty, which means that the jury was convinced that he murdered her. So how come he is now walking free after 23 years? 

First, let’s look at Maryland’s Attorney General Marilyn Mosby and what she had to say. In her press release, she stated that since the prosecutors failed to turn over evidence for two other suspects which could have changed the course of the trial, the Brady Rule was violated. So what is this Brady Rule that keeps coming up? This rule goes back to the case Brady v. Maryland in which the Supreme Court “requires that prosecutors fully disclose to the accused all exculpatory evidence in their possession”. There is also the fact that there was a DNA sample that wasn’t tested until very recently. The third and most important thing is that the prosecution’s evidence relied on two things, one being their ‘key witness’ Jay Wilds and the other being the cell phone data that backed up Jay’s confession of helping Adnan bury Hae’s body. While AT&T published a notice – during the trial – that incoming calls are not reliable information to pin a location, the prosecution still used this as evidence, stating that even if the witness lied, the data doesn’t. This is now considered controversial evidence as the data isn’t truly reliable. Other than the cell phone data and Jay’s testimony, the prosecutors had nothing. With all of that presented to Baltimore City Judge Melissa Phinn by State’s Attorney Marilyn Mosby and the Sentencing Review Unit, Judge Phinn granted the motion to vacate the conviction of Adnan Syed. The judge gave the state of Maryland the option of proceeding with a new trial within 30 days of such ruling (the 30 days has since passed and he is now presumed innocent due to the DNA testing that was FINALLY done). 

Source: Yahoo Image, Picryl

All this happened due to the publicity from the hit podcast “Serial” and the help of other criminal justice reforms that happened in Baltimore. After 23 years, Adnan is free. But what about the cases that do not get public attention through a podcast or other publicity for that matter? How many others, just like Adnan, are convicted due to the violation of the Brady rule? Or for simply not investigating other potential suspects? A new study done by the National Registry of Exonerations states that of wrongful convictions in 2020, 54% were due to “misconduct by the government”, 34% due to misconduct by the police, and 30% due to misconduct by prosecutors. According to Georgia’s Innocence Project, 1 out of 20 criminal cases “results in a wrongful conviction”. This goes against the advice of one of America’s founding fathers, Benjamin Franklin: “it is better a hundred guilty persons should escape than one innocent person should suffer.”

Why are we neglecting this advice? Many lives are being stolen due to wrongful conviction of crimes that are small yet heavily punished or thrown into prison as a result of these shortcuts the Justice system takes. Often these injustice acts are directed towards black and brown individuals where America is the leading prison population due to the country’s way of approaching punishment which “often lacks a public safety rationale, disproportionately affects minorities, and inflicts overly harsh sentences”. America, unlike other countries, uses prison as a “one-size-fits-all solution to crime”, which means America prosecutes people who are not a public safety problem and often punish those people in a harsher and more damaging way than is truly justified. When did this start? Mass incarceration has been a huge problem in America since the civil war, however, we saw a huge rise in the prison population in the 1970s after Nixon’s “war on drugs” campaign which mostly targeted black individuals. This campaign used both fear and “racial rhetoric” in order to further this ‘movement.’ Under Nixon, we saw a rise in the prison population, however, under Reagan, it was an explosion. When Reagan took office “the total prison population was 329,000” and when he left the population was at 627,000 which is double the starting number. To put it more in perspective, according to the Brennan Center in 2003, for every 100,000 residents, 710 would be incarcerated, and according to the Vera report in 2015, 55% of incarcerated people are either black or brown. This all goes back to the loophole in the 13th Amendment “which abolished slavery and indentured servitude except as a punishment for a crime”, which took effect after the civil war and till now. So there is a a root problem, which is why the justice system is not broken in any way. It was created to harshly convict black and brown individuals. Evidence of such is the data collected in 2010 Prison Policy Initiative study which stated that for every 100,000 residents, 2,306 black individuals are incarcerated versus the 450 white individuals incarcerated. 

Now that we established the existence of such issue, what can we so about it? Discussions are taking place and changes too; after the death of George Floyd, many people voiced out their concerns, this pushed “the Center for American Progress, the John Jay College of Criminal Justice, and the Draper Richards Kaplan Foundation” to “virtually [gather] 1,000 advocates, researchers, artists, and practitioners for the Innovations Conference, a multiday exploration of what it means to reimagine public safety and shrink the footprint of the justice system.” There is a problem within the roots of the justice system, hence the need to “work to root out the systemic racism ingrained in the criminal justice system” that has affected people of color. This can be established, by starting with ending unnecessarily harsh punishments; for example, “Black Americans are nearly four times more likely to be arrested for marijuana possession and six times more likely to be incarcerated for drug charges than their white counterparts”. Another approach can be taken, by rooting out any racial inequality within the justice system; for example, California passed multiple bills “that will address discriminatory practices within jury selection, prohibit prosecutors from seeking convictions or sentences on the basis of defendants’ race or ethnicity, and lay the groundwork for reparations for the Black community”, and by removing the barriers that affect individuals with a criminal record as it disqualifies these people from “voting, obtaining business or occupational licenses, accessing employment and housing, receiving public assistance, and participating in other key elements of civic life”. Another way of helping is by investing in programs such as “child care and education, access to affordable housing, and other supportive services” since they are proven to create strong and safe neighborhoods. As individuals, we can help by voting, spreading awareness, and simply by putting these issues on the table for discussion. Barriers are destroyed through discussion. 

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. 

Republic At Risk: COVID-19 in India

While the novel coronavirus (COVID-19) has impacted almost every corner of the globe, parts of Asia are still just beginning to see the systemic effects of the pandemic. As the second most populous country in the world, India has experienced a rise in COVID-19 cases and deaths which magnify current injustices across the country. This blog addresses India’s importance within the COVID-19 pandemic and its relationship with human rights issues concerning feeble governance, police brutality, migrant displacement, and Islamophobia.

As of late-July, over 1.4 million Indians have been diagnosed with COVID-19, while over 32,000 have died from the virus. India’s western state of Maharashtra is currently the country’s epicenter with over 375,000 confirmed cases of COVID-19. On the southern coastline, the state of Tamil Nadu has the country’s second-largest number of confirmed cases (210,000+), while the capital territory of Delhi in the northwest has recently exceeded 130,000 confirmed cases. Additionally, the southeastern state of Andhra Pradesh has confirmed over 95,000 cases of COVID-19. Interestingly, India’s most populous state, Uttar Pradesh, has only confirmed just over 65,000 cases which triggers questions about access to COVID-19 testing and essential resources throughout the country.

A National Lockdown

In late-March, the Indian government issued a nationwide lockdown that lasted two months. Inconveniently, the country’s 1.3 billion inhabitants were given less than a 4-hour notice of this initial 3-week lockdown. The effects of this tall order were apparent on day one since so many people throughout the country live on a daily wage or in extreme poverty. As food supply chains became compromised and manufacturing facilities closed, the country’s unemployment rate reached a 30-year low. All the while, facilities such as schools and train coaches have been converted into quarantine centers. These attempts have seemingly delayed the inevitable spike of COVID-19 cases. However, it is speculated that the low number of confirmed cases is the result of low testing rates.

This outcome has been attributed to lax contact tracing, stringent bureaucracy, and inadequate health service coordination, namely in Delhi where cases have recently surged. However, as India reopens, the number of confirmed COVID-19 cases has increased. Additionally, the introduction of newly-approved antigen kits have allowed for rapid diagnostic testing, although testing is not to be distributed proportionately. More specifically, family members and neighbors of people who have tested positive for COVID-19 claim they are not being tested. Also, in several instances, the family members of people who have tested positive for COVID-19 were not being informed about their loved one’s diagnosis. After much scrutiny, however, local health authorities in Delhi have attempted to pick up the pieces by using surveillance measures such as door-to-door screenings, drones, and police enforcement.

Policing the Police

While the recent murder of George Floyd sent shockwaves across the world, India has been confronting its own relationship with police violence. In June, two Tamil Nadu shopkeepers, J Jayaraj and his son Bennicks Immanuel, were arrested for keeping their business open past permitted hours during the national lockdown. They were then tortured while in police custody and died days later in the hospital. Due to this event garnering considerable attention and protesting, six police officers have since been arrested for their deaths. Also, Tamil Nadu police officers with questionable track records will now undergo behavioral correction workshops. However, this incident is no anomaly. According to the National Human Rights Commission (NHRC), nine Indians die in judicial or police custody every day. In comparison, official government crime data claims 70 people were killed in Indian police custody in 2018. This striking differential in reported custodial deaths suggests India’s law enforcement entities lack accountability and are riddled with corruption.

Much like the United States, India has a history tainted with police violence that disproportionately affects minority groups, namely people from the lowest Dalit caste, indigenous groups, and Muslims. With no choice but to work during the national lockdown, many of India’s poorest citizens were beaten by police. Videos of these violent acts surfaced across social media. In opposition, there have been over 300 reported incidents of attacks on police officers alone in Maharashtra. These recent events highlight the need for the Indian government to pass anti-torture legislation that curbs police violence. By ratifying the United Nations Convention Against Torture, the Indian government can help remove the colonial vestiges of power and punishment that have plagued the country for generations.

Migrant Displacement

The sudden announcement of a national lockdown had tremendous repercussions for the tens of thousands of daily-wage migrants throughout India. Overnight, businesses closed and transportation systems suspended throughout the country, placing many migrant workers in precarious economic conditions. Men, women, and children hunkered down in urban centers across the country as they waited for their workplaces to reopen but to no avail. In response, India’s major cities experienced an exodus of migrant workers attempting to return to their home states on foot, many living hundreds, even thousands, of miles away. As thousands trekked home, many died due to dehydration, exhaustion, sunstroke, and traffic accidents. Reports of pregnant women delivering, and subsequently carrying, their children in these horrific conditions have also surfaced.

A recent Supreme Court order has urged the well-being of India’s 100 million internal migrant workers affected by the hardships of COVID-19 by requiring the government to register, feed, shelter, and transport them until they return home. However, these efforts are seemingly inadequate because most internal migrant workers have not qualified for these “relief packages”, while those who have qualified are experiencing limited coordination between state governments. All the while, India has ended its national lockdown and many migrant workers are trying to return to their places of employment. Some employers are sponsoring the return of their lost workers, while some must find their own means to return. As such, some states have sought local help to accommodate the loss of migrant workers which places many Indians in even greater economic uncertainty.

Migrant workers walking on the shoulder of a highway during the nighttime.
The Indian Lockdown Migration – IV (PB1_4728). Source: Paramvir Singh Bhogal, Creative Commons.

Pathologizing Islam

COVID-19 in India has contributed to a surge in anti-Muslim rhetoric that suggests this religious minority group is purposely spreading the virus.  The rumors began after Tablighi Jammat, a Muslim missionary group, held a congregation outside of India and, soon after, many members tested positive for COVID-19 in New Delhi. Videos on WhatsApp and various television channels have proliferated this misinformation to the Indian public alongside the usage of phrases such as “corona jihad” and “corona terrorism”. To make matters worse, the Bharatiya Janata Party (BJP)-led government, which is notorious for its Hindu nationalist sentiments, has begun incorporating Tablighi Jamaat-related statistics to its daily COVID-19 briefings. Such rhetoric has influenced a slew of Islamophobic acts such as prohibiting neighborhood entry, restricting sales by street vendors, and even violent attacks.

These recent events fuel an existing fire that posits Muslims as reproducing at a pace to outnumber Hindus and compromising “Mother India”. However, recent efforts between Muslim Indians and allies has been quick to respond to this COVID-19 misinformation because they have been protesting India’s new citizenship law that offers amnesty to various non-Muslim immigrants and a nationwide citizen count that necessitates proof of documentation dating several years back. The BJP has made it apparent that Muslims are not welcome in India and weaponized the COVID-19 pandemic as a part of its Islamophobic campaign. As such, these efforts corner Muslim Indians into political and economic insecurities that pressure apartheid at a time when unity is paramount.

Masked medical professionals walking with a crowd in the background.
coronavirus-india-rep-image-hyd. Source: Anant Singh, Creative Commons.

Human Rights in India

As displayed, India has an array of prevalent human rights issues that have compounded since the arrival of COVID-19. Among the efforts that could protect Indians from these concerns are labor protections, health care reform, civil rights for minority groups, food security, and income equality. However, Prime Minister Narendra Modi has propagated a narrative of self-reliance that undermines these systemic inequalities. Service provision has highlighted these discrepancies because resources are scarce, and those with power and privilege are placed to the front of the line. In addition, many Indians cannot abide to the recommended sanitation and social distancing measures due to living in poor, dense settlements in the heap summer when water sources are limited.

Although tearing through communities and disrupting daily life in India, the COVID-19 pandemic can be viewed as an opportunity for social change. More specifically, it is well within the power of Parliament, the media, civil society, and local governments to right these wrongs by ending communal bias and impartiality within state institutions. Addressing these corrupt and oppressive practices will not only remediate the effects of COVID-19 but help shape an equitable future for a country that is rapidly becoming a global super power and expected to be the most populous country in the world by 2027. Real change and equity in the world’s largest democracy could send a much-needed shockwave of justice across the globe.

Coronavirus and Religion

Source: M. Rehan, Creative Commons

As the Covid-19 pandemic is taking the whole world by a storm of chaos and confusion, it is directly affecting various aspects of people’s lives. People around the world are trying to get used to this new normal and cope up with the challenges and changes in daily life caused by this global crisis. Since we are facing an outbreak like none other, it has directly affected and changed how we live, work, communicate, and carry out our daily lives. Religion is a very important part of most people’s lives and affects their everyday routine as well as physical, psychological, emotional, and spiritual beings. The freedom to have, follow, and practice a religion is a fundamental human right, and I will explore how the novel coronavirus crisis is impacting and interfering with the religious rights of people.

Since the pandemic has affected most places in the world, religious institutions and houses of worship are no exception. Churches, mosques, synagogues, and temples have been closed for all kinds of gatherings due to the social distancing protocols set through by the CDC as a response to Covid-19. In these unprecedented times, billions of people are resorting to religion as a first resort for comfort and solace. When all else looks unsettling, people of faith are turning closer to religion and spiritual observance throughout the world. But the pandemic has also interfered with traditional ways of practicing religion through the closure of the places of worship and withdrawal of gatherings of this sort. As a Muslim myself, I would like to share my observation and experience of the influence of this pandemic on the religious experiences of Muslims around the world.

Islam is the second largest and fastest growing religion in the world with more than 1.9 billion followers, thus a significant population of the world is facing challenges in exercising their religious rights and rituals. During the initial phase of the outbreak, the first immediate effect on Muslims was the cancellation of the Friday communal prayer. People were ordered to pray in their homes in order to avoid close contact with each other. This congregational prayer is of great significance to Muslims as they come together in mosques to listen to the weekly sermon, pray together, and fulfill this obligatory ritual. Therefore, its dismissal was a big deal for the Muslim communities worldwide and also led to conflicts in some areas. For example, worshippers in Pakistan clashed with police personnel trying to enforce the lockdown at the time of the prayer. Similarly, some mosques in Bangladesh continued to operate despite government restrictions and a massive prayer gathering with tens of thousands of devotees was held without permission from the authorities. The pictures of the event were shared on social media, where it was greatly criticized and sparked an outcry from people in favor of the lockdown. People in Indonesia were divided over Friday prayers and coronavirus fears, resulting in some praying at home and others gathered in mosques. Religious leaders in the U.S. also faced a dilemma in making the best decision for their followers, facing disagreements on whether or not to cancel Friday prayers. In the second week of March, Muslim organizations including the Islamic Medical Association of North America and the Islamic Society of North America gave a joint statement suspending Friday prayers and recommending necessary precautions to the Muslim community.

Protecting human life is one of the fundamental objectives of Islamic Shari’ah. This concept takes precedence over all other objectives of Islamic faith as life represents the foundation of our existence. Therefore, at times, preservation of human life and human rights is far more significant than the continuity of even essential practices of devotion.

People are finding alternate ways to keep practicing religion while also practicing social distancing. Online platforms are being widely used to share information, resources, and ways to get closer to religion as well as interact with other people of faith for support. To lift up the spirits of the Muslim community amid this pandemic, the call to prayer, Adhan, was chanted from loudspeakers in the heart of Europe in early April. Nearly 100 mosques in Germany and the Netherlands rang out with the sound of Adhan as a gesture of support for Muslims. A lot of mosques in Muslims countries have added a line at the end of every call to prayer, asking people to pray at home.

Adhan recited from mosques to fight against COVID-19 in Germany. Source: Yeni Safak, Creative Commons

Islam’s holiest site in Mecca, known as the Kaaba, which is always packed with tens of thousands of pilgrims year-round, was emptied due to Covid-19 concerns earlier this March. Muslims around the world were shocked, shuddered, and deeply saddened to see the holy place deserted for the first time in millennia. The images of the empty Kaaba inside Mecca’s Grand Mosque were extensively spread over social media as Muslims showed their concern and disappointment on this unprecedented yet imperative move. Every year, nearly 2.5 million pilgrims visit the holy sites of Mecca and Medina for a week-long ritual known as Hajj; one of the five pillars of Islam and obligatory for every able-bodied Muslim once in their lifetime. The kingdom of Saudi Arabia stopped Umrah, a non-mandatory pilgrimage, in late February due to the pandemic. As the unfavorable situation still persists, the cancellation of Hajj, which starts in late July, is also being considered. This is one of the largest human gatherings in the world, and its potential cancellation will affect millions of people and businesses around the world.

The holy Kaaba in Mecca, Saudi Arabia. Before and after Covid-19. Source: Creative Commons

The Islamic month of Ramadan started a few days ago and it is one of the most important, sacred, and celebrated time of the year for Muslims. It is marked by fasting from sunrise to sunset, charitable giving to the less fortunate, spiritual renewal, praying and reading the Quran, abstaining from worldly pleasures to reconnect with the self and with God, and coming together as a community to celebrate. Muslims around the world are having a Ramadan like no other this year. The mosques are empty, the daily nightly prayer Tarawih is canceled, people are observing the holy month by praying in their homes and sharing meals with immediate families instead of large community feasts. People are trying to find alternate ways to have the Ramadan experience by holding virtual Iftar meetups, online sermons and halaqa sessions, and donating through online platforms amidst these social-distancing times. On one hand, lockdown in Ramadan has also allowed people to spiritually indulge themselves without worldly distractions like work and school and to modify their daily schedules accordingly. It has given some relief to those who are fasting to catch up on lost sleep from late night prayers and waking up in the middle of the night for the pre-fast meal suhoor. On the other hand, the cancellation of open Iftars organized by mosques and charitable organizations that allowed sharing a meal for everybody has taken a toll on the less fortunate who rely on these meals during Ramadan. Since the world is already facing an economic crisis and a lot of people are in an uncertain situation financially, this time of festive observance is becoming harder for those who are unable to provide for their families and take part in all the celebrations. Since the month of Ramadan teaches empathy and encourages acts of compassion and generosity, Muslims around the world are stepping up to help their brothers and sisters in this time of need. The act of fasting teaches patience, self-discipline, sacrifice, and empathy and these virtues are more important than ever for all of us to practice in these difficult times.

The end of Ramadan is commemorated with a celebration called Eid, which is also referred to as a gift for those who fasted the whole month. For us, the day of Eid is marked by wearing new clothes, going to the communal Eid prayer in the morning, celebrating with the community, and sharing meals and presents with family and friends afterwards. This year, it is expected to have a similar fate as Ramadan if the state of emergency continues, resulting in all the festivities being called off.

Muslims praying in a mosque. Source: Shaeekh Shuvro, Creative Commons

Coronavirus has also changed how funeral services and burials are carried out across the world. Islam has specific guidelines and rituals to perform for the deceased including washing/bathing the dead body, putting it into a coffin, and offering the collective prayer before a procession of friends and family takes the body for burial. According to the CDC guidelines, gatherings are not supposed to exceed 10 people and the body of the infected person should not be touched. Muslim scholars in the US have proposed alternative ways to carry out these procedures such as limiting the handling of the body to the specific staff of the graveyard or funeral home with the use of proper personal protective equipment (PPE). They have also suggested doing tayammum instead of bathing the dead body, which is characterized by wiping the face and hands of the deceased after touching a sandy surface. Additionally, family and friends are not allowed to be physically present during the burial or the prayer. Attendance at funerals is considered a collective obligation that must be carried out by a sufficient number of people, but changes are being made to ensure the safety of everyone. My mother’s uncle passed away from coronavirus last week in Boston, Massachusetts and his family was not allowed to see him at all. Instead, the funeral was live streamed and the prayer was held in the presence of only four people, one of them being the imam who led the prayer.

It is important to note that not only is this Covid-19 situation affecting religious experiences, but some of these rituals have also contributed to the spread of the virus. For example, a gathering of 16,000 worshippers at a Malaysian mosque became the largest known viral vector of the pandemic in Southeast Asia, spreading the coronavirus to half a dozen countries. Similarly, the pilgrimage of Shia sect Muslims to the holy cities of Iran led to the spread of the virus through Central and South Asia. The pilgrims reportedly caught the virus in the holy city of Qom, which was the epicenter of covid-19 in Iran and caused it to spread in their home countries upon return. Even though Pakistan shares its border with China, the novel coronavirus was introduced into the country through pilgrims returning from Iran. Similar cases have been seen around the world where coronavirus infections have been linked to religious gatherings, such as church services in South Korea and North Carolina, Jewish Purim celebrations, and Muslim prayer gatherings.

To conclude, religion is both a source of solace as well as a possibility of risk during a pandemic. People of faith around the world are struggling to keep a balance between religious practices and safety precautions. It is in the best interest of everyone to follow the social distancing guidelines whenever possible and find peace in their own beliefs, whatever they may be.

The Coronavirus in the Middle East: Its Impact on Sectarianism and Refugees

The coronavirus has spread to virtually every country of the world, but due to differences in privilege and access to resources, many countries are unable to adequately address this pandemic as well as other countries are. However, for countries in the Middle East, in addition to these differentials, the pandemic has also further exacerbated many preexisting problems that the region faces, namely political, economic, and social unrest. While this outbreak has had ramifications on several facets of life in the Middle East, this blog post will be focusing on the outbreak’s impact on sectarianism and the refugee crisis.

An image showing Shia Muslims visiting a shrine.
Shrine visitation. Source: Yahoo Images, Creative Commons.

Sectarian Conflict

The Middle East is marred by the Sunni-Shia conflict, and geopolitics are heavily influenced by this divide. Because of this, the divide is often invoked when something disastrous occurs in the region, with each side blaming the other, and the coronavirus outbreak has proven to be no exception. Although the coronavirus has spread to all Middle Eastern countries, Iran, a Shia-majority country, has been disproportionately impacted; as of March 31st, Iran has had 44,605 coronavirus cases and 2,898 deaths, making it one of the countries with the most cases in the world. Further, Iran has now been identified as the source of spread to other Middle Eastern countries; some of the earliest identified cases in the Middle East were all of people who had recently traveled to Qom, one of the holiest cities in Iran. Despite the fact that people were aware of the outbreak in Iran, visitations to holy shrines in Iran were not discouraged, and people continued to travel to these holy sites. Any large gatherings during this time pose a risk, but shrine visitations are especially risky; many people engage in practices at shrines, such as kissing and touching the shrines, that lead to an increased likelihood of spreading. Since the outbreak is speculated to have spread from Qom, the city where one of the holiest shrines, the shrine of Sayyida Fatima al-Zahraa, is located, it is not unlikely that transmission did occur like this.

Because the spread has been identified as coming from Iran, many Sunni-majority countries in the Middle East have used this as an opportunity to justify further prejudice and discrimination against Shia Muslims. For example, Shia Muslims in Saudi Arabia who recently traveled to Iran for shrine visitations were labeled as traitors, leading some to call for their execution. In other countries, such as Lebanon, preexisting sectarian conflict has only gotten worse. It has been claimed that the first case in Lebanon came from Iran, leading many to blame the Shia Muslim population of Lebanon. Further, the Lebanese government continued to allow flights from Iran up until mid-March. Due to this, many have criticized Iran’s influence in Lebanon, specifically its influence on the government.

 

An image showing a Syrian refugee camp.
A Syrian refugee camp. Source: Yahoo Images, Creative Commons.

Refugees in the Middle East

There have been refugees in the Middle East for the past several decades, but the number of refugees significantly increased after the Arab Uprising in 2011. Because refugees often live in destitute conditions, the coronavirus outbreak would prove to be disastrous for them. Once a case of the coronavirus reaches a refugee camp, there will be little to nothing that can be done to stop its spread; large families live within the same tent, usually only five feet apart from other nearby tents. For this reason alone, social distancing is not an option for refugees living in camps, highlighting the intrinsic privilege of others’ ability to practice and call for social distancing. In addition to this problem, refugees also do not have access to the resources necessary for sanitization, namely due to lack of access to clean water. Further, there are often no established healthcare systems within refugee camps, making it difficult for them to access resources that would be needed to aid infected individuals. Even if refugees were to seek health care outside of the camps, it is not guaranteed that they would have access to this care. For example, many refugees are internally displaced in war-torn countries where hospitals have been demolished and those that are still standing are severely lacking in resources. Further, even when refugees resettle in other countries with established health care systems, it is not incorrect to assume that nationals of that country will be given preference over refugees for treatment and access to resources.

Despite the scarcity of resources and bleak outlook for refugee camps, measures have been taken to ensure that refugees are protected as best as they can be from the coronavirus. For example,  many refugee camps have been sanitized with anti-bacterial spray. Certain organizations, such as Islamic Relief, have donated supplies, including rubbing alcohol and medicine that treats certain symptoms of the coronavirus, to ensure that if an outbreak does occur within a camp, there are some necessary resources available. Finally, the UNHCR has appealed governments for $33 million in funds to provide refugees access to hygiene kits, protective gear, and sanitary water, among other things, that could help deter the spread of the coronavirus.

Recently, an IHR Intern wrote a blog about racism and discrimination that arises during outbreaks such as this one. While Asians have largely been victims to racism during this period, in the Middle East, Iran and Shia Muslims have been targeted, highlighting that people do indeed try to blame such events on others when, in reality, there is no one that should be blamed. Further, times like this also highlight the level of privilege many of us live in; while we have the privilege to access resources and to distance ourselves from one another, other groups who lack such privileges, namely refugees, cannot practice any of these things. Thus, while we are all impacted by this outbreak, it is important to recognize that many people, in addition to worrying about the coronavirus, face other obstacles during this time as well, and these groups should be kept in mind.

Saudi Arabia Human Rights Violations: Freedom of Religion and Speech

I recently wrote a blog post commending Saudi Arabia on advancements made with women’s rights. However, to follow up, I think it is important to note what Saudi Arabia still gets wrong in terms of human rights. While there are many ongoing human rights violations, the following discourse will focus specifically on the oppression of religious minorities, namely Shia Muslims, and the lack of freedom of speech. I am writing this post not to join the voices that criticize for the sake of criticizing, but rather because I think it is important for Muslims to be vocal about their expectations for countries that claim to be representing Islam.

An image showing Shia Muslims in Saudi Arabia protesting the bombing of one of their mosques.
Shia Muslims in Saudi Arabia protesting after one of their mosques has been attacked. Source: Yahoo Images, Creative Commons.

Shia Muslims

Shia Muslims are a minority sect in Islam, making up around 10 percent of all Muslims. Because of this, they are often subject to oppression and discrimination by Sunni Muslims. Despite the fact that harmful rhetoric against Shia Muslims exists in most, if not all, Sunni-majority countries, it is especially disturbing in Saudi Arabia considering that the hatred and intolerance towards Shia Muslims has become institutionalized. For example, the Saudi Arabian government has allowed officials and religious scholars to belittle Shia Muslims and their beliefs. This is not only concerning because of the harmful language used, but also because these officials and scholars have influence over both the government and the general public, and thus play significant roles in shaping policy and public opinion. One government official known for spreading hateful rhetoric about Shia Muslims was Former Grand Mufti Abdel Aziz bin Baz, who was quoted saying, “The Shia are Muslims and our brothers? Whoever says this is ignorant, ignorant about rejectionists for their evil is great.” This is one example of many, but it illustrates the hateful rhetoric that Shia Muslims are often victims of.

The institutionalization of hatred against Shia Muslims is most clear in the Saudi Arabian justice and education systems. The justice system is highly discriminatory against Shia Muslims, namely in the criminalization of their religious practices and beliefs. Further, the government has made it illegal to build Shia mosques outside of Shia-majority cities. The education system is perhaps the worst of all, though, because it perpetuates the cycle of discrimination against Shia Muslims by indoctrinating young Saudi children with anti-Shia sentiments. For example, textbooks used in elementary and middle schools stigmatize Shia beliefs and practices and go as far as to claim that Shia Muslims are disbelievers, suggesting that Shia should not be considered Muslims. While criticizing their beliefs and practices is problematic in and of itself, saying that Shia are not Muslims is impermissible, both ethically and religiously, and only serves to cause further hatred and intolerance.

An image showing a protest sign advocating for the release of an imprisoned female Saudi Arabian activist.
A protest sign advocating for both freedom of speech and the release of Israa al-Ghomgham, an imprisoned female Saudi Arabian activist. Source: Yahoo Images, Creative Commons.

Freedom of Speech

The most blatant example of a human rights violation against the people of Saudi Arabia is the lack of freedom of speech, which has especially detrimental ramifications for individuals advocating for human rights. For example, in 2018, several women’s rights activists were arrested and charged with treason solely for their work in activism. This came at the same time that Prince Mohammed bin Salman had lifted the ban on women driving, and ironically, many of the women who were arrested had been advocating for women’s right to drive. Thus, while lifting the ban was a positive move forward, the imprisonment of these women makes the intentions behind Prince Mohammed bin Salman’s decision to lift the ban confusing; it is difficult to deduce whether Prince Mohammed bin Salman is truly concerned with women’s rights, or if this was a step taken to make Saudi Arabia appear that it is being reformed and moving towards modernization. His intentions can be further called into question considering the extent to which these women’s rights have been violated; not only were these women arrested and detained, but it is known that they were also electrically shocked and whipped during interrogations, which amounts to cruel and inhumane treatment. To this day, some of these women are still imprisoned, unlikely to be released without international intervention. However, it is important to note that this was not an isolated event. While Saudi Arabia has always used arrests and detentions to deal with dissidents, the number of detentions significantly increased after Prince Mohammed bin Salman took power in 2017; over 60 individuals identified as dissidents have been arrested and held.

Muslims around the world strongly oppose Islamophobia and the oppression of Muslims, which is a great thing. However, Muslims tend to be silent about Saudi Arabia’s human rights violations, which is troubling. While many Muslims do call out these violations, many others either turn a blind eye, or even worse, find justifications for these violations. However, this is a double standard; if Muslims around the world truly care about their own rights, it follows that they must care about the rights of all of those who are oppressed, especially when Muslim majority countries are responsible for causing this oppression.

Women’s Rights in Saudi Arabia: A Counter-Narrative

This past winter break, I visited Saudi Arabia with my family. While there, I noticed that many women were active in the work force, working as police officers, salespeople, and even airport security. Under the preconceived notion that women were not allowed to work in Saudi Arabia, I was surprised to see this. Slowly, I began to realize that the Western perspective about women’s rights in Saudi Arabia was not entirely correct. So, after I came back from my trip, I decided to look into different sources to try to get an accurate portrayal of women’s rights in Saudi Arabia.

An image of a news broadcast with Bayan Alzahran, the first female lawyer to have her own law firm in Saudi Arabia
Bayan Alzahran, who is the first female lawyer to open her own law firm in Saudi Arabia. Source: Al Arabiya, Creative Commons.

Women’s Rights Narrative

After conducting extensive research, I realized that while there is no denying that Saudi Arabia still has many improvements to make in terms of gender equality, there are several women’s rights that have been historically implemented or are currently being established. Almost always, women in Saudi Arabia are portrayed as oppressed, and again, while there is an undeniable lack of many rights for women, it is not a fair assessment to only discuss what rights are not realized; it is important to recognize the rights that they have as well. While I cannot say for certain why this particular narrative is often propagated, it can be argued that the mainstream media is committed to portraying Islam in a negative light, and because Saudi Arabia is governed by Sharia Law, or Islamic Law, it follows that it will be portrayed negatively. As the media does this, people begin to argue that Islam is in and of itself misogynistic and is thus incompatible with progress and civilization. While I will not be going in too much depth about the rights Islam gives women, I will note that it is important to remember that culture and religion are not interchangeable terms and should not be treated as such; Saudi Arabia may govern using Sharia Law, but many of their restrictive practices are rooted in culture, not Islam. Thus, the purpose of this post is to provide a counter-narrative to show that what the media portrays pertaining to women’s rights in Saudi Arabia is not an entirely accurate depiction.

Employment Rights

While there is a dearth of women in the employment sector, seen through the fact that only 22 percent of Saudi womenparticipate in the workforce, there are no legal restrictions on which jobs women are allowed to work in, with garbage collecting and construction being the only exceptions to this. Sharia Law encourages women to work, so the lack of women in the work force is not due to restrictive religious practices, but rather to restrictive cultural practices. Further, Sharia Law allows women to earn and manage their own finances, making employment especially appealing to women who want to be financially independent. While the number of working women is low, Saudi Arabia is currently attempting to further integrate women into the workforce, with a goal of a 30 percent participation rate by 2030. While this is mostly due to the fact that Saudi Arabia wants to replace non-Saudi workers with Saudi Arabian citizens, it is still commendable that women are a part of this plan.

Education Rights

Perhaps most interesting is the emphasis Saudi Arabia has placed on women’s education. Saudi women have had access to education for several decades; women have been attending universities since the 1970s. Recent advances made highlight the country’s commitment to providing opportunities for women in education, namely the 2005 study abroad program, which sends thousands of Saudi women to the United States, Canada, and the United Kingdom, among other countries, to obtain an education. Another very impressive advancement is Saudi Arabia’s first all-women’s college, Princess Noura bint Abdulrahman University, founded in 2010. The purpose of the school is to give women better access to fields that are traditionally male dominated, such as medicine and pharmacology. Due to these improvements and the general importance placed on women’s education, women currently represent 52 percent of university students in Saudi Arabia.

An image showing a Saudi Arabian woman holding up her driving license.
A Saudi Arabian woman holds up her driver’s license. Source: Yahoo Images, Creative Commons.

Recent Progress

Recently, steps have been taken to reverse restrictive practices, such as lifting the ban on women driving and reducing male guardianship. The former, implemented in 2018, saw the legalization of women driving. Thus far, tens of thousands of women have received their driver’s licenses, highlighting the success of this change. The latter, implemented a few months ago, saw changes made to restrictive guardianship laws. Historically, these laws heavily restricted women’s rights, specifically the right to freedom of movement; women were not allowed to obtain a passport or travel abroad without a male family member’s consent. While I could explain how changes to these guardianship laws will have a positive impact on women’s lives, I think it is best to share the perspectives of a Saudi Arabian woman on this issue. In an article for BBC News, Lulwa Shalhoob, a Saudi journalist, wrote that “the new rule means the relationship between a husband and his wife becomes a partnership between two responsible adults, rather than guardianship of a minor.” She also notes that an increasing number of Saudi women “no longer want to be framed as women of special circumstances who lack rights that women around the world take for granted.” For Saudi Arabian women, then, this move not only grants certain rights they were long deprived of, but it also fosters an unprecedented sense of agency and personhood.

Historically, Saudi Arabia has invested in specific spheres of women’s rights, such as employment and education, and in recent years, the Saudi Arabian government has made progress by rescinding many restrictive practices and laws. When Saudi Arabia is included in the discourse pertaining to the rights of women, none of this is mentioned; only the shortcomings are. While I am the first to admit that Saudi Arabia still has much work to do in terms of women’s rights and human rights in general, it is important to acknowledge what they have done right.

Kashmir Crisis: How the World is Reacting

A child peeking out of torn plastic from a window
Source: Kashmir Global, Creative Commons

The Kashmir region in South Asia, once known as the “Heaven on Earth”, has been under dispute since 1948. Recently, human rights abuses have escalated as a result of the Indian government stripping the autonomy of Kashmiris through the removal of Article 370. For more than two months people have been detained in their homes under a curfew with limited access to the outside world. The responses to this crisis have been mixed, and this post unpacks some of the different reactions around the world.

Experts appointed by the UN’s Human Rights Council expressed their concerns over the government-imposed curfew, communication shutdown, use of force by troops, movement restrictions, and the arrest of political leaders and human rights defenders in the region. They reminded the Indian authorities that the restrictions imposed by them were against the “fundamental norms of necessity and proportionality” and violated Article 19 of the Universal Declaration of Human Rights, which ensures the right to freedom of opinion and expression. The communication blackout and restrictions on peaceful gatherings were deemed inconsistent with their basic rights. Additionally, the use of live ammunition on unarmed protestors could violate the right to life and is permissible “only as last resort and to protect life” according to the experts. The situation was referred to as a “collective punishment” for civilians without the pretext of any breach and the Indian government was urged to lift the brutal curfew as reported by the Council.

One of the most notable instances where the Kashmir issue was brought up was the 74th session of United Nation’s General Assembly (UNGA) in New York City last month. Chinese foreign minister Wang Yi, Turkish President Tayyab Erdogan, Malaysian Prime Minister Mahathir Mohamad, and Pakistan’s Prime Minister Imran Khan were the ones to raise the Kashmir issue on the world stage. PM Khan exceeded his allowed time to speak for Kashmir and urged the UN to take action. He demanded that India lift the inhumane curfew and reminded the world and the UN of their responsibility to take action against the ongoing violence against innocent civilians. He also warned that

“When a nuclear-armed country fights to the end, it will have consequences far beyond the borders. It will have consequences for the world. That’s not a threat, it’s a fair worry. Where are we headed? I’ve come here because this is a test for the United Nations. You guaranteed the right to determination of the people of Kashmir. You have a responsibility.”

Indian Prime Minister Narendra Modi avoided any mention of the atrocities and his government’s actions in Kashmir during his speech while thousands of people protested outside the UNGA. The protestors included a wide range of South Asian organizations and carried banners opposing the “military occupation” of Kashmir and “disenfranchisement of seven million Kashmiris”. They chanted slogans demanding Azaadi meaning “freedom” for the victims. In addition to the people of South Asian descent, the protest also included concerned North Americans and organizations like Black Lives Matter, Jewish Voice for Peace NYC, Hindus for Human Rights, India Civil Watch, and the Indian American Muslim Council.

https://www.youtube.com/watch?v=b-Gmmn_a25Q

Amnesty International also launched a Let Kashmir Speak petition asking the Indian govt to put humanity first and let the people of Kashmir speak by lifting the communications blackout. Kumi Naidoo, Secretary General of Amnesty International said that “The people of Jammu and Kashmir should not be treated as pawns in a political crisis, and the international community must come together to call for their human rights to be respected.” Amnesty also tweeted that “the unilateral decision by Government of India to revoke Jammu & Kashmir’s special status without consulting J&K stakeholders, amidst a clampdown on civil liberties & communications blackout is likely to increase the risk of further human rights violations & inflame tensions.”

While responses by the UN and international organizations have remained limited, people have continued to mobilize to bring attention to the ongoing humanitarian crisis. Recently Times Square in New York City, one of the busiest pedestrian intersections in the world, highlighted the Kashmir issue by slogans saying, “Restore Human Rights”, “Stand with Kashmir”, and “Free Kashmir” at the end of September. Reports suggest that it was sponsored by the collective effort of the Pakistani community in the United States.

Times Square on September 25th, 2019. Source: Twitter/Government of Pakistan

Grassroots mobilization is also occurring within Birmingham locally, among residents of Kashmiri origin and those having families in the blocked territory. They conducted an awareness and fundraiser dinner in partnership with the Birmingham Islamic society this Sunday to explain the crisis in Kashmir and to collect funds to lobby against the Indian government’s violence. The description of the event stated that

“The ongoing crisis in Kashmir has barely received any media coverage although it’s currently one of the worst massacres in the world. Not only is the Indian Government responsible for over 100,000 Kashmiri people murdered and over 10,000 Kashmiri women raped, but they have implemented a blackout on all of Kashmir preventing people from using internet and phones to contact the outside world. This event will provide you with more awareness as well as collect any funds, if you can, to lobby.”

At UAB, the Muslim Student Association (MSA) is raising money for the Kashmir cause at their annual Fastathon. According to the organization, “This year, the MSA is raising money for the humanitarian crisis in Kashmir. For every pledge to fast, people in the community will donate money for the cause. Kashmir valley, Jammu and Kashmir is an ‘open air prison’. As soon as this lockdown ends, there will be an immense and immediate humanitarian need. Pledge to fast for a day and help us feed, provide medical supplies, and raise awareness for the Kashmiri refugees”. They have also been conducting bake sales to raise funds for Kashmir relief in the past few weeks outside the Mervyn H. Sterne library.

People around the world have been showing their support for Kashmiris according to their own resources and levels of influence. Unfortunately, the situation has not been improved and millions of people are still being held hostage in their homes and neighborhoods. World authorities, powers, and humanitarian organizations need to take action against these human rights violations and project their voice to a larger, global audience in order to mobilize relief efforts. The world needs to recognize the gravity of the crisis and its consequences to take immediate and appropriate action.

The Sheer Violation of Human Rights in Kashmir

Devastated Kashmiri girls crying while holding on to fence
Kashmiri girls crying for justice. Source: Kashmir Global, Creative Commons

This Sunday September 29, a protest and awareness gathering was conducted at Linn Park by the Birmingham Islamic Society to advocate for the rights of Kashmiris. The attendees dressed in red to show their support for the victims who vocalized their concerns and shared their stories. Some local Birmingham families have not been able to get in touch with their family members back home for almost two months now. All forms of telecommunication have been blocked in the region, cutting them off from the rest of the world.

The Kashmir region in South Asia, once known as the “Heaven on Earth” due to its naturally beautiful valleys and landscapes, has been a disputed territory since the partition of India and Pakistan under the British rule in 1947. The countries have been at war three times on the conflict of claiming the region and rule it in parts. The UN’s Security Council Resolution of January 20, 1948 proposed a commission of three UN representatives to be selected by India, Pakistan, and Kashmir to mediate the situation, but the delay in the formation and implementation of the commission caused situations to change, and it ultimately failed to reach a conclusion or to devise a practical solution to the crisis. Control of the region has been disputed since then.

On August 5th earlier this year, the Indian government revoked the special status of the Indian-occupied region of Kashmir under Article 370 of its constitution. The only Muslim majority region of the country had the right to its own constitution and autonomy to make internal decisions under the article due to its special status, and annulling it has stripped them of these rights. Additionally, nearly 10,000 armed troops were sent to the area to impose a curfew in the region, evacuate tourists, shut off internet and other communication, and imprison their leaders.

As of October 1st, it has been 58 days since the lockdown of the territory. About eight million residents have been held hostages in their homes at gunpoint. The general public is not allowed to leave their homes and carry out their businesses, the schools and workplaces are closed, people are confined in their homes and neighborhoods, and the region is completely blacked out from the rest of the world. People with families and friends in the region are worried about their safety and are unable to contact them. The area has been flooded with armed troops and there is an overall sense of terror in the environment. This is a sheer violation of human rights being carried out for about two months now, but the world is silent.

The press has been trying to get into the disputed region to directly hear the views of victims. In video-recorded interviews, victims allege the Indian Army of subjecting them to extreme physical torture and mental persecution. Abid Khan, a 26-year-old Kashmiri, claims to have been grabbed by soldiers from his home in Hirpora and taken to a military camp where he was assaulted. His detailed account of the incident includes extreme physical and sexual abuse at the hands of four soldiers. Others reported being hung upside down, beaten with bamboo sticks, being electrocuted, and forced to drink large amounts of noxious liquid.

The Human Rights Watch has expressed its concern through issuing articles like “India: Basic Freedoms at Risk in Kashmir”, “India Needs to Step Back in Kashmir”, and “India Wants to Avoid International Intervention, But Needs to Address Human Rights in Kashmir” following the lockdown. Malala Yousufzai, the youngest Nobel peace prize winner, expressed her concern against the Kashmir curfew and communication blackout with the following tweets:

In the last week, I’ve spent time speaking with people living and working in #Kashmir – journalists, human rights lawyers and students. I wanted to hear directly from girls living in Kashmir right now. It took a lot of work from a lot of people to get their stories because of the communications blackout. Kashmiris are cut off from the world and unable to make their voices heard. Here is what three girls told me, in their own words: “The best way to describe the situation in Kashmir right now is absolute silence. We have no way of finding out what’s happening to us. All we could hear is the steps of troops outside our windows. It was really scary.” “I feel purposeless and depressed because I can’t go to school. I missed my exams on August 12 and I feel my future is insecure now. I want to be a writer and grow to be an independent, successful Kashmiri woman. But it seems to be getting more difficult as this continues.” “People speaking out for us adds to our hope. I am longing for the day when Kashmir will be free of the misery we’ve been going through for decades.” I am deeply concerned about reports of 4,000 people, including children, arbitrarily arrested & jailed, about students who haven’t been able to attend school for more than 40 days, about girls who are afraid to leave their homes. I am asking leaders, at #UNGA and beyond, to work towards peace in Kashmir, listen to Kashmiri voices and help children go safely back to school.

Nothing practical has been done to date by international organizations for peace and human rights. The victims are uncertain of their future, their lives are at the discretion of others, and their basic rights to freedom and mobility have been restricted through the use of force. They are unable to counteract because resistance is met with direct violence. The New York Times reported that when the Kashmiris attempted a peaceful protest in the streets of Srinagar after a few days of the lockdown, the Indian forces opened fire on them to scatter the crowd and cease them from further resistance, injuring at least seven people.

Kashmir has been a disputed and terror-imposed region for decades, but recent advancements by the Indian government have escalated the situation by making it “a living hell of anger and fear”. The world needs to understand that both India and Pakistan are nuclear-armed countries and the continued escalation of tension and confrontations may lead to a deadly nuclear war. The innocent residents of the region have sacrificed countless lives in the battle between the two countries. For decades, they have been suffering the consequences of British colonialism and their inefficiency during the Indo-Pak partition. When will their fight for freedom come to an end? When will the bloodshed and sacrifices of their loved ones bear fruit? When will they be able to enjoy normal lives and basic human rights? How many more lives will it take to make Kashmir a piece of heaven again? The answers are yet to be found.

The solution to the situation is complicated yet straightforward. It is their land and their lives. The only ones to decide their fate should be them, without any force or threat. This right was given to them by the UN, but unfortunately has not been implemented yet. A fair referendum by UN intervention can make it clear whether Kashmir wants to be a part of Pakistan, India, or a free state. But first, the abuse of human rights should be ceased by the world to normalize the lives of its residents.

We need to bring the attention of world leaders and organizations to the human rights crisis in Kashmir so they can intervene in the increasingly critical situation before it’s too late. To play our part in the fight against human rights abuse and bring attention to the Kashmir issue, we can show our support by raising our voice on different forums, especially social media using hashtags like #freekashmir, #standwithkashmir, and #endkashmirviolence.

Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China

*a topographical map depicting where many Uyghur Muslims live in Western China*
“Outline map showing Keiry / Yutian County in Xinjiang, China” by centralasiatraveler, Creative Commons

In early November 2018, the United Nations confronted China about the Chinese government’s human rights record since 2013, with UN Member States pointing specifically to China’s suppression of the Tibetan people and for the barbaric ‘re-education camps’ used to indoctrinate the Uyghur Muslims in the Xinjiang province.  China flatly denied these allegations, contending they are politically motivated and violate Chinese national sovereignty.  While the ongoing conflict regarding Tibet has been covered for decades (you can read an IHR post about it here), the plight of the Uyghur Muslims in China is arguably less familiar to laypersons with vested interests in human rights.  This blog post explores the history of the conflict with the Uyghur, how the international community typically handles these kinds of human rights violations, and what everyday citizens can do to help the Uyghur.  For another perspective on the plight of the Uyghur, read my colleague Dianna Bai’s post here.

History of the Conflict

The Uyghur are an ethnically distinct group, hailing originally from the Altai Mountains in Central Asia, now spread through Central and East Asia (Roberts, 2009).  Scholars frequently debate the heritage of the Uyghur; government-sanctioned Chinese historians claim the Uyghur are indigenous to the Tarim Basin (located within the Chinese Xinjiang province), while most historical accounts situate the Uyghur as descendants of peoples in modern-day Mongolia (Roberts, 2009).  Until recently, many scholars believed that the Soviet Union groomed Uyghur nationalist sentiments during the Cold War, intending to use the fledgling Uyghur people as a colonized Soviet pseudo-nation to exert political and cultural influence in the East Asian theater (Roberts, 2009).  This view has since been challenged, as Uyghur Muslims have long defined themselves an ethnically distinct group with the goal of creating their own nation on sovereign territory, intended to be called Uyghurstan (Roberts, 2009).  Today, the Uyghur of China largely practice Sunni Islam, speak their own language (similar to Uzbek), and some Uyghur label the territory they inhabit “East Turkestan”, not the Xinjiang providence of China.

The Xinjiang providence, located on the fragments of the ancient Silk Road, is rich in resources and attracted the migration of many Han Chinese to the province (aided and abetted by the Chinese government).  This migration brings us to the present day.  Beginning in 2009, the Chinese government has cracked down on Uyghur dissidents and rioters expressing a frustrated desire for autonomous rule (some of these Uyghur were subsequently exiled to the United States).  In 2016, the Chinese government amped up their approach to the Uyghur, attempting to squash Uyghur cultural practices to create a culturally homogenous Xinjiang province.  The Chinese justified these practices by claiming their motivation was to reduce religious extremism in the Xinjiang region.  Homogenization efforts included banning baby names (such as Medina, Jihad, and Muhammad) and restricting the length of beards; both aforementioned names and the tradition of long beards stem from the Uyghur’s Islamic faith.  These tactics are part of the Chinese government’s “Strike Hard” campaign, designed to specifically monitor the Uyghur situation in Xinjiang.  In addition to cultural destruction, the Chinese have recently implemented surveillance programs designed to monitor separatist movements, jihad-ism, or proto-nationalist sentiment.  Surveillance programs largely take the shape of indoctrination (or ‘re-education’) camps.

The United Nations has received verifiable reports that up to one million Uyghur (approximately 10-11% of the adult Muslim population in the region) are currently held against their will in these re-education camps.  The Chinese government, however, claims these are vocational centres, designed to empower the ethnic Uyghur to learn the Chinese language, Chinese law and ideology, and gain workplace skills.  Dilxat Raxit, spokesman for the World Uyghur Congress (more on the WUC later), has publicly decried the camps, as they incessantly monitor Uyghur prisoners through sophisticated facial recognition software, designed with the intention to predict individual or communal acts of protest through the analysis of the prisoners’ micro-expressions (and no, the current year is not 1984).  The prisoners in these camps are expected to ‘secularize’ and ‘modernize’; the Chinese government conditions the entrapped Uyghur Muslims by forcing the prisoners to wish Chinese President Xi Jinping ‘good health’ before the prisoners are given food, thank the Chinese government and Communist Party, and renounce devotion to the Islamic faith.  Furthermore, Uyghur Muslims have been forced to eat pork and drink alcohol during their imprisonment which, for many devout Muslims, is forbidden by the Islamic faith.  One escapee who found asylum in Kazakhstan testified that she “worked at a prison in the mountains” in Xinjiang and was forced to teach Chinese history during her imprisonment.

The Chinese government has not limited its repression to these detention centers.  Beginning in 2016, Uyghur Muslim communities in the Xinjiang province have been subjected to China’s “Becoming Family” initiative (also directed by the government’s “Strike Hard” campaign).  The Chinese government mandates ‘home stays’ (lasting between five days and up to two months) within these communities, dispatching over one million cadres to closely monitor the private homesteads of the Uyghur communities.  These cadres monitor ‘problematic behavior’ such as suspected alcoholism, no alcohol consumption whatsoever (a sign the family is devout Muslim), uncleanliness, and other signs that the Uyghur are becoming ‘too Muslim’ for the secular Chinese government.  Finally, these cadres are tasked to promote ‘ethnic unity’ in the region, spouting the dangers of Islamism, pan-Turkism, and so on.  These spies of the state document every move of the Uyghur communities, reporting intelligence back to the Chinese government, who then specifically targets individuals and families suspected of dissident behavior.  It is impossible to track how many ‘dissidents’ (whether in their home communities or in the Uyghur detention centers) have been murdered by the Chinese government.  A prominent Uyghur human rights activist recently lamented,

Every single Uyghur abroad has relatives waiting for a slow death in these camps… innocent Uyghurs are now counting their final days of isolation under physical, psychological, and spiritual torture.

This begs the question: how do human rights organizations (from the United Nations to the Institute for Human Rights) classify this level of social, cultural, and civil repression?  And furthermore, how can human rights organizations utilize this classification to mobilize aid for the Uyghur Muslims?

A pair of Uyghur elders lead a donkey and boy across a Chinese marketplace
“Uyghur elders” by Todenhoff, Creative Commons

Addressing Crimes Against Humanity

The Rome Statute of the International Criminal Court, Article 7, broadly characterizes Crimes Against Humanity (CAH) as:

any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

  1. Murder;
  2. Extermination;
  3. Enslavement;
  4. Deportation or forcible transfer of population;
  5. Imprisonment or other sever deprivation of physical liberty in violation of fundamental rules of international law;
  6. Torture;
  7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
  8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
  9. Enforced disappearance of persons;
  10. The crime of apartheid;
  11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

In theory, the plight of the Uyghur Muslims certainly falls within this definition, as the Chinese government is violating parameters 1, 3, 5, 6, 8, 9, and 11 of the Rome Statute.  Again, in theory, this means the international community has an obligation to both classify this as a CAH and prosecute both the Chinese government as a whole and individual officials directly responsible for the repression of Uyghur Muslims.  In practice, however, formally prosecuting CAH are tricky.

To prosecute CAH, a step towards retributive justice, one of two forms of jurisdiction must apply: the state must either (a) be a member to the Rome Statute / International Criminal Court (ICC); or (b) the case is referred to the ICC Prosecutor by the United Nations Security Council (UNSC).  In this case, China is not a State Party to the Rome Statute, so requirement (a) is out.  Regarding requirement (b), the UNSC can indeed refer this to the ICC Prosecutor.  However, since China is a permanent member of the UNSC with full veto power, it seems extremely unlikely the Chinese government would permit a prosecution against its own state.  So what options are left for the international community to protect the Uyghur Muslims and hold their repressors to justice for this ‘unofficial’ Crime Against Humanity?

If the international community suspects a state conducts COH, accusatory states may take indirect action to punish the offender state.  Here’s one example of such indirect action: US Senators Rubio (R-FL) and Menendez (D-NJ) and US House Representatives Smith (R-NJ) and Suozzi (D-NY) are set to introduce legislation to US Congress proposing (a) the creation of a State Department role to monitor the persecution of Uyghur Muslims; and (b) the Secretary of Commerce enact sanctions to state agents in the Xinjiang province.  Indirect action, whether government-led sanctions or non-governmental tactics (e.g. ‘naming and shaming’), aims to overcome the absence of international legal precedent in circumstances such as these (Franklin, 2015).  The endgame of indirect action in circumstances such as these is to either offer an incentive for states to cease CAH or increasingly layer punishments (whether economic or otherwise) to render the CAH more trouble than it’s worth.  In this case, the ideal outcome for US Congress members is that the threat of economic sanctions would punish the Chinese, forcing the state to choose economic growth as a higher-ranking priority than repressing the Uyghur.

A final alternative to addressing CAH is that of truth and reconciliation commissions (TRC; Landsman, 1997).  TRC’s are structured around the idea of restorative justice, meaning that in the wake of CAH, damaged communities themselves work with the international community to: (a) collect ‘facts-on-the-ground’ about ongoing repression, (b) negotiate with the repressing state to end the CAH, and (c) devise solutions to repair the trauma caused by the CAH (Longmont Community Justice Partnership, 2017).  This is a human-driven approach, placing the victims themselves at the center of the process to document, cease, and heal from CAH.  In the this case, this would mean international NGO’s would connect with local Uyghur Muslims in the Xinjiang Province; document the short-, intermediate-, and long-term needs of the afflicted communities; and allow this joint collaboration to drive local and international efforts attempting to bring the CAH to a close.

 

an Uyghur group holds their native flag while protesting repression against the Uyghur people
“Uyghurs protesting” by Paul Keller, Creative Commons

Justice(s) for the Uyghur

Resolving the plight of the Uyghur is a highly complex issue.  Formal legal mechanisms, such as referring this case to the International Criminal Court, are constrained by the structure of international governing bodies.  Indirect action, such economic sanctions proposed by members within the US Congress, have historically had a low success rate (~34% rate of success) to compel policy change (Pape, 1997).  Finally, truth and reconciliation commissions have been criticized for their toothlessness regarding holding human rights violators responsible for their crimes (Van Zyl, 1999).  What, then, can we do?

The World Uyghur Congress (WUC), whose president Dolkun Isa is an exiled Uyghur Muslim, is taking a hybrid approach to seeking justice for the Uyghur.  The WUC’s platform combines the three previously discussed approaches (retributive justice, economic sanctions, and restorative justice), channeling their efforts into international governance, state-level policy and advocacy, and community-driven capacity building.  The WUC, steered by survivors of the conflict themselves, aims to achieve justice(s) for the Uyghur people, through a multi-lateral and multi-level approach.  While many of their efforts are aimed at high-level government officials and advocacy networks, the WUC additionally aims to engage, educate, and empower ordinary citizens (like you, the reader) to make meaningful contributions towards ending the repression of the Uyghur, ranging from advocacy training to planning peaceful protests.  The WUC (and other innovative NGOs addressing other global human rights violations) understands that it is not only the United Nations and its member states that can end human rights violations.  Ordinary citizens themselves must take up the mantle of protecting human rights when the hands of the international community are tied.  Creating justice for crimes against humanity is the responsibility of all global citizens – and here’s what you can do to help.

References

Franklin, J. C. (2015). “Human rights naming and shaming: International and domestic processes” in H. R. Friman (Ed.) The Politics of Leverage in International Relations. London, UK: Palgrave Macmillan.

Landsman, S. (1997). Alternative responses to serious human rights abuses: Of prosecution and truth commissions. Law and Contemporary Problems, 59(4), 81-92.

Longmont Community Justice Partnership (2017). Restorative Conversations and Agreement: Structured Conversations for Resolving One-on-One Conflict. https://boulderhousingcoalition.org/wp-content/uploads/2017/12/Restorative-Conversations-and-Agreement-Meetings-for-BHC-Manual.pdf

Pape, R. A. (1997). Why economic sanctions do not work. International Security, 22(2), 90-136.

Roberts, S. R. (2009). Imagining Uyghurstan: Re-evaluating the birth of the modern Uyghur nation. Central Asian Survey, 28(4), 361-381.

Van Zyl, P. (1999). Dilemmas of transitional justice: The case of South Africa’s Truth and Reconciliation Commission. Journal of International Affairs, 53(2), 647-667.