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

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. 

Hurricanes: How Climate Change Has Made Them More Intense and More Frequent

I wanted to include this image to showcase how magnificent a hurricane storm really is.
Source: Photo by NASA found on Public Domain on Yahoo Images; An image from space of what a hurricane looks like, especially in its size and severity.

Hurricanes have been a natural disaster that Americans have been aware of for quite a while. They are, however, getting to be more frequent, and unfortunately more intense. They have devastated communities like New Orleans after Hurricane Katrina, the Caribbeans after Hurricane Sandy, and even Puerto Rico five years ago as a result of Hurricane Maria. Well, how do Hurricanes happen in the first place, why are they so damaging, and what is contributing to their intensity and frequency today? Hurricanes generally form over oceanic waters, when the warmth from the ocean water, paired with vertical winds, and the cool, moist air coming from surrounding areas come together in a dangerous mix. The warm water and the moisture in the air combine with the cool air, sucking in the air, and releasing it into the moisture, which then forms rain clouds and thunderstorms, with high winds that perpetuate the cycle. This impressive natural disaster is a powerful one, with wind speeds reaching over 70 mph, and can conduct enough electricity to power the world a few hundred times over.

The El Niño and La Niña

I wanted to include this image to showcase how dangerous being caught in a hurricane can be for individuals, property, and even the surrounding environment.
Source: Yahoo Images; an image showcasing how the heavy winds can uproot trees and blow ocean water inland, flooding the communities the storm impacts

While hurricanes are powerful by themselves, certain occurrences in the environment can impact their severity and frequency. Among these factors are the phenomenon known as El Niño and La Niña, where the normal patterns of the climate are disrupted, impacting trade routes, regional weather systems, and the ecosystem as a whole. These phenomena also impact the hurricane seasons, including where they may impact, and how intense they may be. Under the El Niño conditions, hurricanes are experienced largely in the central and eastern Pacific regions, while during the La Niña, effects are felt in the Atlantic region near Florida and Puerto Rico. Typically, La Niña conditions may mean the possibility of more hurricanes, because the winds during the La Niña are more stable, (as opposed to the sudden changes in wind direction or severity), leaving the storm in better conditions to expand and develop.

Economically speaking, these developments can also impact international trade. Some hurricane seasons are so deadly, many trade routes near the path of the hurricanes are filled with docking spaces for vessels to take shelter during storms. Many companies are taking massive risks moving products during these storms, as their goods can get destroyed by the storm, or get lost in the sea due to changing winds and intensity of the storm. This could prove costly for both businesses and consumers, especially adding to the stress of the already existing supply chain crisis.

Hurricanes and the Danger to Human Lives

I wanted to include this image to show how dirty the stormwater can be, making it dangerous for use and consumption
Source: Yahoo Images; An image of how dirty and contaminated the stormwater can be. This is harmful to use and consume, and special precautions need to be taken before handling the stormwater.

As intimidating and incredible as hurricanes sound, they also come with many health hazards and massively disrupt the way of life for the communities impacted by them. For one, hurricanes bring with them massive storms and high winds, oftentimes killing many people from their impact. If people manage to shelter from the storms, the resulting floods from the heavy rains can claim homes, properties, pets, and lives, as people struggle to literally, stay afloat. Even as this goes on, the community’s infrastructure is attacked, including roads, bridges, the power grid, and the water supply, as well as institutions such as banks, hospitals, and universities, to name a few.

Many of these institutions and infrastructure are essential for survival, meaning that people may remain stranded or stuck in a part of the region deemed dangerous simply because they no longer have access to travel across the roads and bridges the storm claimed. This also means that people of the impacted communities have to deal with the wet, cold temperatures while not having access to power or heat. Having no access to banks and hospitals means that you may not be able to withdraw much-needed funds or go to the hospital because it’s flooded or their equipment can no longer be used. Add onto this the issue of water supply, then suddenly the impact of the storm produces a failing society. These are issues that may take weeks or months even, to fix and get back to “normal” conditions.

Hurricanes are especially damaging because they bring in strong storm surges, which are walls of ocean water pushed onto shore because of the high winds, both of which are powerful enough to knock buildings over and destroy the standing infrastructures. Hurricanes can also cause storm waters, which are runoffs with contaminants that are picked up by the storm along the way, and which can include sediments, debris, fertilizers, fuels, and even sewage from nearby sewage infrastructures that have been damaged.

This can be dangerous to use and consume, and many official statements are posted following hurricanes urging people not to consume these waters, and the best practices to employ to decontaminate the waters before use.  Hurricanes simply existing are majorly impacting people’s right to movement, freedom, safety, life, clean water, and so many more basic necessities. However, there is also an added layer of racism in this mix, mainly in areas of how hurricanes from different regions are responded to, the consequences of climate change, and how this continues to expand the developmental gap between nations of the Global North and the Global South.

Hurricanes, Climate Change, and Double Standards?

I wanted to showcase how hurricanes can plunge communities underwater, and how long it would take for them to get back to anything resembling normalcy.
Source: Yahoo Images; An image depicting the realities of the aftermath of a hurricane or tropical storm. Many communities are flooded, with people facing homelessness, and many resources are unavailable due to the destruction caused by the storm.

Unfortunately, the growing severity of the storms means that the communities impacted by them are having to not only brace against the storms but build their infrastructures to withstand the next round of storms. With the frequency of storms increasing, this also means that instead of a once-in-a-lifetime storm, these communities are experiencing storms of similar intensities every few years. Hurricanes form under conditions of warm water mixing with moisture and vertical winds, so the rising ocean temperatures (resulting from global warming) are naturally going to lead to conditions where hurricanes are more probable.

Among other things, climate change can impact not only intensify the storms, and the resulting consequences from them, that these communities deal with on a seasonal basis but also lead to the rising sea and ocean levels that will submerge many communities under water within the near future if climate change is left unaddressed. This will also contribute to the many other issues that will come out of climate change’s intensity, including the increasing number of climate refugees, the expanding food shortages, and the many conflicts that experts say will break out as a result of boundary disputes.

To make matters worse, although the storms do not discriminate where they make landfall, the responses to the storms have been different depending on the storm’s target. This was very clear in how the media and many Americans reacted to the two hurricanes that hit Florida and Puerto Rico within less than a couple of weeks of each other. Despite both regions being part of the United States, (Puerto Rico is a U.S. territory), Florida received more assistance and coverage when Hurricane Ian made landfall than Puerto Rico did following Hurricane Fiona. Fiona’s destruction was in addition to Puerto Rico’s recent recovery from Hurricane Maria’s impacts only five years ago. The Federal Emergency Management Agency (FEMA), which is the government’s response to natural disasters, awarded Puerto Rico $456 million following the destruction of Hurricane Fiona. This may seem like a lot, but FEMA awarded $1.2 billion to Florida in response to Hurricane Ian’s impacts.

Although the efforts of FEMA in response to Hurricane Fiona are considered by many to be an improvement from their responses during the aftermath of Hurricane Maria five years ago, the island of Puerto Rico continues to struggle with poor infrastructure and dwindling supplies. While it is fantastic that such support was given to Floridians struggling with the aftermath of Hurricane Ian, many of whom are people in the elderly age demographic, Puerto Ricans are terrified that their struggles will be brushed aside to make room for Florida’s recovery from Hurricane Ian. President Biden has promised that this will not be the case, and on his visit to Puerto Rico in early October, has even promised additional funds for their recovery endeavors. This funding, however, (a proposal of $60 million), is still nowhere near the required funds to rebuild an entire society for the second time within a decade.

I wanted to include this image to point out the severity of this issue. 2030 is not that far away, and to think so many places could be underwater in under ten years!
Source: Yahoo Images; As sea levels begin to rise, more and more places are going to experience extreme weather, and many places will go underwater by the year 2030 if climate change is not addressed properly.

Additionally, although climate change is a global phenomenon, many of the communities impacted by it are those who are already experiencing marginalization, and this adds another layer to the climate crisis. There have been cries about how climate change is anthropogenic, (meaning it is an impact of human activities), and how the industrialized West has been contributing to climate change for centuries while the developing nations are experiencing the consequences of the activities of the industrialized West. This inequitable reality not only transfers the consequences of the West’s actions but also, the increase in climate awareness and environmental consciousness are used as arguments to prevent developing nations from using the same type of infrastructures required to compete with the economies of the industrialized West effectively and efficiently.

While this sentiment is definitely understandable, the push should be toward shifting policies to develop green infrastructures and help these nations transform their energy to incorporate renewable resources instead of chastising them for trying to develop their societies using the same techniques used by the West that brought the world to this stage in the first place. Blaming the developing nations while the industrialized ones continue to pollute is both hypocritical, and further destabilizes the economies of the developing nations, perpetuating the cycle of exploitation and the following lack of accountability that was founded and perfected during colonial times. When addressing climate change issues, these are some nuances to keep in mind; if climate policies are passed without considering the inequalities between how climate change impacts the developing nations differently than the industrialized nations, the wealth and inequality gap will continue to increase between the Global South and Global North.

Finally, with the increasing severity of hurricanes and the rising sea levels due to climate change, many cities around the world would be underwater as soon as 2030. These cities include Venice, Italy; Kolkata, India; Basra, Iraq; Bangkok, Thailand; Ho Chi Minh City, Vietnam; and even several cities in the US, including Miami, Florida, and New Orleans, Louisiana. This will take with it the homes of the people who live there, and the immense history that can be found in these places today. It will instead plunge many people into food insecurity, forcing many to become climate refugees and increasing hostilities between the members of these communities and their inland counterparts to fight for survival.

So, What Can Be Done?

I wanted to include this info graph because contrary to many popular beliefs that we are doomed, we do have things we could implements as a planet to combat climate change and become more sustainable in the future.
Source: Yahoo Images; This infographic expands on five types of renewable sources that can be used in place of the fossil fuels used today. These include solar, wind, biofuel, hydropower, and geothermal energy sources.

With the increasing severity of hurricanes, added to the ongoing climate crisis, many people around the world are experiencing both the worst and unfortunately the mildest (when compared to future possibilities of the climate crisis) impacts from these natural disasters. One of the many things that can be done on a global level is to continue to pressure every nation to convert their energy systems to support renewable resources and shift away from the fossil fuels that continue to exacerbate the climate crisis. This includes shifting away from oil, coal, and carbon, to incorporating solar, wind, and hydro-powered energy systems. Countries can implement green infrastructure and slowly attempt to return the environment to pre-pollution levels, (which may take hundreds of years to accomplish if started now).

At the domestic level, climate protections can be added, expanding the overall number of protected lands, and making acts such as deforestation and pollution illegal. Additionally, industries that impact the environment can be regulated for their business practices and their carbon footprints, and industries that use water systems can be further regulated for their practices of waste disposal, making sure the waterways are not polluted by their use of the resources. Furthermore, great effort needs to be taken to ensure that communities most impacted by climate change are included in conversations about policies and aid. Finally, on a more personal level, becoming more knowledgeable about the climate, and educating yourself and others to be more environmentally conscious can help shift the societal mind frame, resulting in the push for better policies addressing climate change as a whole.

 

 

International Day for The Eradication of Poverty

Source: BetterAid via Google Images

Monday, October 17th is the International Day for the Eradication of Poverty; in 2022 we have a lot to acknowledge and a lot of work to be done. The theme for this day of commemoration is dignity, focused on how every human has the right to live with pride for themselves and respect from others. The first line of the Preamble for the Universal Declaration of Human Rights (UDHR) emphasizes the importance of how the “…recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” and that is precisely the ideology behind the founding of this human rights holiday. But why, exactly, is poverty an international human rights issue?

History

Global poverty is defined as “lacking enough resources to provide the necessities of life—food, clean water, shelter and clothing. But in today’s world, that can be extended to include access to health care, education and even transportation.” 

This international day of recognition was adopted by the United Nations in December of 1992 to recognize the structures that cause poverty, to listen to and amplify the needs and desires of impoverished persons, and to place a specific focus on how the international community and global leaders can work to solve this persistent social problem. October 17th was chosen to observe this topic because on this day in 1987 a crowd of over a hundred thousand protesters gathered in the Trocadero Plaza of Paris, France to honor the victims of extreme hunger and poverty. In commemoration, a stone was placed in the Plaza, now renamed the Plaza for Human Rights and Liberties, engraved with the following message from Father Joseph Wresinski, “Wherever men and women are condemned to live in extreme poverty, human rights are violated. To come together to ensure that these rights be respected is our solemn duty”.

The right to live free of poverty is not listed in the UDHR, but our current understanding of poverty constituting a violation of human rights has been developing since before the UDHR was proclaimed by the United Nations General Assembly in 1948. This is because living in extreme poverty is almost always accompanied with a loss of essential human rights that were explicitly enumerated in the UDHR, like the right to health, safe food and water and the right to adequate housing as illustrated in Articles 25 of the UDHR and the Human Right to Water and Sanitation. Even in developed and wealthy nations, citizens living in poverty experience obstacles in their ability to access the right to education, work, and political participation named in Articles 21, 23, and 16 of the UDHR. 

While persons living in poverty are often denied many, if not all of those fundamental human rights listed above, this holiday gets its theme from Article One of the UDHR, from which this holiday gets its theme: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Those in poverty often lose this right as limited access to the essential requirements of a quality life places them in a position where they rely on the aid of others, who often treat the impoverished as less than equals. They are patronized and degraded in their daily lives, and the social response to an impoverished person exercising their agency to decline charity is typically one of rebuke.

Source: Sparkasse Köln Bonn via Flickr

The Current State of Poverty

Global poverty rates have increased since the beginning of the Pandemic in 2020, and World Bank estimates that we have been set back 3-4 years on our path to ending extreme poverty as of October 2021. In addition to climbing unemployment and poverty rates is the leap in inflation, which has climbed globally as supply chains stretch thin. The Pew Research Center has found that the global middle class shrank while the global poor increased as the pandemic progressed, disrupting the progress of developed nations around the world, particularly in Asia and the Middle East.

These economic impacts affect more than immediate financial conditions of those involved. One side-effect has been a loss in education; as the United States and other wealthy countries moved online in response to the pandemic, other nations (particularly in the Global South) had to close schools entirely. Human Rights Watch has noted that, for millions of school-aged children, the pandemic effectively ended their formal education as alternative school options were few and the need for work and additional income rose. The International economic recovery will be challenging, and may take years to accomplish, but it is paramount that we keep the most vulnerable, both their dignity and agency, in mind as we navigate our collective path forward.

International Human Rights holidays are often overlooked due to their focus on what are often perceived to be niche categories outside of major religious or cultural practices. However, observing human rights holidays is a practice that allows for shared positivity and encouragement as we mark progress and victories in the field. They also provide days of unity to focus on pervasive issues that still need attention and work. On this holiday, join me in taking the time to think about how poverty affects your community, how your community has responded, and how it can alter that response to alter the quality of life for its impoverished population.

 

 

A Bright Future – Recent Human Rights Victories

Source: Yahoo Images, Unknown Artist

In the midst of a pandemic and international unrest, it is vital to stay encouraged and optimistic as we continue our efforts to uphold and protect human rights internationally. That is why we at the Institute for Human Rights at UAB will be using this article to break up the negative news cycle and put a spotlight on a few of the amazing victories and progress the international community has made during the pandemic that you might not have heard about. Though positive human rights news may not always make headlines, it is important to recognize each success, just as it is vital we address each issue. 

Source: Quentin Meulepas via Flickr

The UN Declares Access to a Clean Environment is a Universal Human Right – July 2022

Of the 193 states in the United Nations general assembly, 161 voted in favor of a climate resolution that declares that access to a clean, healthy and sustainable environment is a universal human right; one that was not included in the original Universal Declaration of Human Rights in 1948. While the resolution is not legally binding, it is expected that it will hugely impact international human rights law in the future and strengthen international efforts to protect our environment. Climate justice is now synonymous with upholding human rights for the citizens of member-states, and the United Nations goal is that this decision will encourage nations to prioritize environmental programs moving forwards.

Kazakhstan and Papua New Guinea Abolish the Death Penalty- January 2022

Kazakhstan became the 109th country to remove the death penalty for all crimes, a major progress coming less than 20 years after life imprisonment was introduced within the country as an alternative punishment in 2004. In addition to the national abolition,  President Kassym-Jomart Tokayev has signed the parliamentary ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. Article 6 of the ICCPR declares that “no one shall be arbitrarily deprived of life”, but the Second Optional Protocol takes additional steps to hold countries accountable by banning the death penalty within their nation. Though the ICCPR has been ratified or acceded by 173 states, only 90 have elected to be internationally bound to the Second Optional Protocol (the total abolition of the death penalty), and Kazakhstan is the most recent nation to join the international movement to abolish the death penalty globally. 

Papua New Guinea also abolished their capital punishment, attributing the abolishment to the Christian beliefs of their nation and inability to perform executions in a humane way. The 40 people on death row at the time of the abolishment have had their sentences commuted to life in prison without parole. Papua New Guinea is yet to sign or ratify the Second Optional Protocol to the ICCPR, but by eliminating the death penalty nationwide the country has still taken a significant step towards preserving their citizens right to life. 

Source: Randeep Maddoke via Wikimedia

India Repeals Harmful Farm Plan – November 2021

Many of you will remember seeing international headlines of the violent protests following India’s decision to pass three harmful farming laws in 2020. The legislation, passed in the height of the pandemic, left small farmers extremely vulnerable and threatened the entire food chain of India. Among many other protections subject to elimination under the farm laws was the nations Minimum Support Price (MSP), which allowed farmers to sell their crops to government affiliated organizations for what policymakers determined to be the necessary minimum for them to support themselves from the harvest. Without the MSP, a choice few corporations would be able to place purchasing value of these crops at an unreasonably low price that would ruin the already meager profits small farmers glean from the staple crops, and families too far away from wholesalers would be unable to sell their crops at all. 

Any threats to small farms in India are a major issue because, according to the Food and Agriculture Organization (FAO) of the United Nations, “Agriculture, with its allied sectors, is the largest source of livelihoods in India”. In addition, the FAO reported 70% of rural households depend on agriculture and 82% of farms in India are considered small; making these laws impact a significant amount of the nation’s population.  A year of protests from farmers unions followed that resulted in 600 deaths and international outcries to protect farmers pushed the Indian government to meet with unions and discuss their demands. An enormous human rights victory followed as Prime Minister Narendra Modi announced in November of 2021 that they would rollback the laws, and on November 30 the Indian Parliament passed a bill to cancel the reforms. As the end of 2021 approached, farmers left the capital and returned home for the first time in months, having succeeded at protecting their families and their livelihoods.

Source: Sebastian Baryli via Flickr

Sudan Criminalizes Female Genital Mutilation – May 2020

Making history, Sudan became one of 28 African nations to criminalize female genital mutilation / Circumcision (FGM/C), an extremely dangerous practice that an estimated 200 million woman alive today have undergone. It is a multicultural practice that can be attributed to religion, sexual purity, social acceptance and misinformation about female hygiene that causes an onslaught of complications depending on the type of FGM/C performed and the conditions the operation is performed in. Among the consequences are infections, hemorrhage, chronic and severe pain, complications with childbirth, and immense psychological distress. It also causes many deaths from bleeding out during the operation or severe complications later in life. We have published a detailed article about female genital mutilations, gender inequality and the culture around FGM before, which you can find here

FGM/C is a prevalent women’s rights issue in Africa, and in Sudan 87% of women between the ages of 14 and 49 have experienced some form of “the cut”. While some Sudanese states have previously passed FGM/C bans, they were ignored by the general population without enforcement from a unified, national legislature. This new ban will target those performing the operations with a punishment of up to three years in jail in the hopes of protecting young women from the health and social risks that come from a cultural norm of genital mutilation and circumcision.

Where do we go from here?

While we have many incredible victories to celebrate today, local and international human rights groups will continue to expose injustices and fight for a safer and more equal future for all people. Our goal at the Institute for Human Rights at UAB is to educate; to inform readers about injustices and how they can get involved, and to celebrate with our incredible community when we have good news to share! While the past year has been marked with incredible hardships, it is always exciting when we have heart-warming international progress to share!

You can find more information about us, including free speaker events and our Social Justice Cafes on our Instagram page @uab_ihr! Share which of these positive stories you found most interesting in our comments, and feel free to DM us with human rights news you would like us to cover!

Food Insecurity in Birmingham, AL

Outdoor Food Market with Vegetables
Source: Yahoo Images

The USDA reports that there are about 23.5 million people in the US that reside in a food desert, including over six and a half million children. A food desert is described as an urban area in which it is difficult to buy affordable or good-quality fresh food. Many believe that the term ‘desert’ incorrectly implies that a lack of affordable and healthy food is naturally occurring, and a better term to describe the subject is food apartheid, which also includes the discrimination of communities of color regarding economic opportunity and access. For the case of this post, we will use the two interchangeably. In Alabama alone, close to two million residents live in a food desert, and almost 150,000 of them live in Birmingham. This accounts for 69% of the city’s total population. A 2019 update also found that there is at least one area that is identified as a food desert in each of Birmingham’s nine City Council Districts.  

Birmingham’s Efforts to Eliminate Food Desertification 

Birmingham Mayor Randal Woodfin speaking
Source: Yahoo Images

At the end of March 2022, the Birmingham City Council voted to approve an incentives package for a new Food Giant supermarket in the city’s Five Points West area. According to the Birmingham Watch, the Food Giant store will be located at 2257 Bessemer Road, the former location of a Winn-Dixie grocery store that shut down in 2018 after the chain filed for bankruptcy. Mayor Randall Woodfin spoke on the efforts to eliminate food deserts saying, “We’ve been aggressive since day one in finding the most creative things we can do to support putting a dent in food insecurity and getting more grocery stores in our community,” he said. “I think we’ve been told ‘no’ a gazillion times. … Now, we’re happy to share with the public that a brand that is known, that people trust and that provides quality food is coming back to Birmingham.” 

In addition to the positive effects of bringing a new and much-needed grocery store to the area, Jay Mitchell, Mitchell Foods Vice President of Retail Operations, said the store looks to hire locally through social media, hiring events, and job fairs. “We will be bringing some team (members) from our adjacent stores, but most of the hiring will be right here,” he said, adding that the average wage will be between $11 and $12 per hour. The project brings in many promises to increase economic development, which has proved to be exciting for the city administration, the Food Giant team, and the residents of West Birmingham themselves. 

National Food Apartheid 

According to a report by the USDA’s Economic Research Service, there are over 6,500 food desert tracts in the United States. People who reside in food desert tracts are more likely to have abandoned or vacant homes, and those who live in these areas tend to have less education, lower incomes, and higher unemployment rates. 

Graph showing Food Insecurity by RaceThis chart goes on to show the differences between food insecurity rates based on race. Although each demographic has seen a decrease in their food insecurity rate over the last several years, there is still a very large gap between the races, with the biggest difference being between Black and white Americans, who have a difference of roughly 10% between the groups. Even worse, there are countless combined consequences that can hurt already marginalized communities from living in a food apartheid, including an increase in obesity and physical conditions like diabetes due to the lack of access to affordable and healthy food options. 

Ways to Help 

Despite the current efforts to help, there is still a great need to assist those who are experiencing this human rights crisis at hand. Although the complex issue holds no simple solution at the local, state, or national level, there are many ways to contribute to the cause. The first step to begin making a positive change is to educate yourself on the levels of food insecurity in your area and who it primarily affects. Learn if anything is currently being done by your city, county, or state government or private organizations. Familiarize yourself with food banks in your community and consider forming the habit of donating to them periodically if you can do so. Food banks and pantries usually also take donations of unused toiletries for those in need and special products for pregnant mothers and babies, but you should check what each place is willing to accept in advance. In addition, you can also ask what their most needed items are throughout the seasons. Regardless of how you choose to help, we can all make a positive difference by educating ourselves and others on the causes and effects of food insecurity. 

International Day of Innocent Children Victims of Aggression

Young girl covering her eyes
Source: Yahoo Images

While discussing various human rights violations and crises, it is important to also be mindful of the special groups such violations affect. On August 19th, 1982, the United Nations announced that June 4th of each year will be declared the International Day of Innocent Children Victims of Aggression. According to this article from OC Human Relations, the day’s purpose is to acknowledge the pain suffered specifically by children throughout the world who are the victims of physical, mental, and emotional abuse. The day also affirms the UN’s commitment to protect the rights of children. According to Children’s Advocacy Centers of Tennessee, nearly 700,000 children are abused annually in the US alone. In addition, rates of child abuse and neglect are five times higher for children in families with low socio-economic status compared to children in families with higher socio-economic status. A child’s right to be free from aggression and abuse is violated globally across many spectrums with crises such as domestic abuse and gun violence.

Child Domestic Abuse and Covid-19

Child crying on the ground
Source: Yahoo Images

Domestic abuse is an international issue that can affect people of every age, race, gender, and background. Also referred to as ‘domestic violence,’ domestic abuse can directly or indirectly affect children due to bullying, harassment, and endangerment from those who reside in their homes with them. Some signs of domestic abuse in a physically or emotionally abusive relationship include the following from The Children’s Society:

  • Kicking, punching, hitting
  • Threatening to kill someone or hurt them
  • Controlling behavior
  • Controlling someone’s finances by withholding money or stopping someone going to work
  • making someone feel guilty, criticizing them or making them feel small and stopping them from standing up for themselves

Unfortunately, the 2020 outbreak of the Covid-19 virus led to an increase in child victims of domestic abuse due to stay-at-home orders and lockdowns. These lockdowns decreased a child’s ability to find a safe place through school counselors or churches and seek guidance from trusted adults. Without being able to find an escape from unsafe home lives, many children suffered an increased risk of domestic violence. Although exact numbers cannot be known of how many additional cases were caused by the pandemic, one study analyzed data on more than 39,000 children treated at nine pediatric trauma centers. When researchers analyzed the group of children aged 5 and older, the number of child abuse victims tripled compared to a similar period before the pandemic. “The most common injury identified was head injury, followed by a mix of chest, abdomen, extremity and burn injuries,” said senior study author Dr. Katherine Flynn-O’Brien, associate trauma medical director at Children’s Wisconsin in Milwaukee. Dr. Andrea Asnes, a leader of the AAP Council on Child Abuse and Neglect and director of Yale Programs for Safety, Advocacy and Healing in New Haven, Connecticut, went on to explain that daycares for younger children were deemed essential and remained open, while school-aged children were stuck at home.

Child Victims of Gun Violence

Children march from a school shooting
Source: Yahoo Images

Another instance where minors experience acts of aggression and unsafety is through gun violence. Children can become victims of gun violence in or outside of the home, both in private and public places such as churches and schools. In the last decade, the number of children killed in armed conflicts is estimated at 1.5 million and another 4 million have been disabled, crippled, blinded or have suffered brain injuries. Only from year-to-date of 2022, there have been 27 school shootings in America alone, killing or injuring 83 people total. This number also includes last week’s shooting at Robb Elementary School in Uvalde, Texas. “When parents drop their kids off at school, they have every expectation to know that they’re going to be able to pick their child up when that school day ends. And there are families who are in mourning right now,” Texas Gov. Greg Abbott said at a news conference. “The state of Texas is in mourning with them for the reality that these parents are not going to be able to pick up their children.” The Robb Elementary shooting is the deadliest school shooting in ten years, when a gunman shot and killed 26 people as young as 6 years old at Sandy Hook Elementary School in Newtown, Connecticut.

How to Help

Today, and every year on June 4th, it is important to remember this human rights holiday in honoring Innocent Children Victims of Aggression across the world. Progress can be made by further educating yourself on the many acts of aggression that violate a child’s human rights and by spreading the word to others. Click here to learn more: International Day of Innocent Children Victims of Aggression.

Some Positive Approaches to Combating the Climate Crisis Over the Past Few Decades

This image lists some of the simple ways in which each individual can make a difference.
Source: Yahoo Images; An image depicting some of the personal actions that we can incorporate into our daily routines to reduce our own carbon footprints, including suggestions like recycling, reducing plastic consumption, or even avoiding the use of herbicides and pesticides.

These past few decades have been filled with destruction and devastation, and the increasing severity of the climate crisis signals that what we are experiencing is just the beginning. The climate crisis will transform the way we live, whether we adopt to it or not, and it is crucial now more than ever to take all the necessary actions to slow down, and maybe even stop this growing existential threat to humanity. With that being said, there have been some attempts around the world at doing just this. In the midst of all this chaos, it is important to cherish and acknowledge some of the more innovative responses to alleviating the climate crisis. These are some of the sustainable ways other nations are attempting to address climate change, and the United States would do good to implement some of these ideas into its own society.

Planting Trees to Save the World

I wanted to include this image because it represents how any member of the community, including children, can get involved in their own way.
Source: Yahoo Images; Collectively planting trees can start to heal the environment, but also create a strong sense of community as well.

Countries all over the world are taking a simple approach to the climate crisis; they’re planting trees! Nations like India, China, Ethiopia, Pakistan, and the Philippines have planted hundreds of trees as part of their promise to the Paris Agreement. In July 2019, India planted over 220 million trees in a single day, while Ethiopia planted over 350,000 trees in one day! Students in the Philippines are expected to plant ten trees each before they are allowed to graduate, and in this way, a guaranteed number of trees are planted annually. All these nations are taking unique efforts to do their part in combating climate change. While planting trees alone won’t address some of the more serious environmental issues we face today, it does make a huge difference. For one, planting trees can help remove some of the carbon emissions and other greenhouse gasses from the atmosphere and release more oxygen into the air. This provides cleaner air for all living forms in the area. Planting trees can also encourage biodiversity, and depending on what type of trees are planted, can provide food sources that nourish the region’s species. In this way, biodiversity provides natural services, which are services built into nature that nourish and sustain the ecosystem for all life forms on Earth. These services include the food produced by the trees, the roots that guard the soil from erosion and flooding, and it even includes a natural filtration system that purifies water. In addition to this, biodiversity, (and the calculated, methodical planting of trees) can moderate temperatures, enrich the soil, and stabilize an ecosystem. As such, biodiversity is just as necessary for the continued existence of humans as it is for other forms of life. Of course, without stopping the use of nonrenewable resources and exploiting forest lands, any number of trees planted can only neutralize the carbon emissions. In order to fully benefit from the trees being planted, we have to shift to using renewable, sustainable forms of energy to rebuild our infrastructures and power our homes. The actions these countries have taken to combat climate change is one that ensures sustainability and inspires change, and it is with this mindset of sustainability that we, as a world, should proceed.

Europe’s Pollinator Highway

I included this image to show the pollinator bees and butterflies in action
Source: Yahoo Images; Bees and butterflies are an essential part of the pollination process.

Along this framework of sustainability, Europe seems to have taken a different approach in addressing some of the environmental issues we are facing today. One such environmental issue they have attempted to address is the decreasing number of pollinators in the world. Pollinators are insects, like bees, wasps, and butterflies, who play a vital function in our existence, by transferring pollen from the female part of a plant to the male part of the plant to being its reproductive process that later blooms into fruits, seeds, and flowers. Without the crucial role that pollinators play, there would be no nourishment for millions of species worldwide, including humans. These pollinators play a key role in the survival of any ecosystem, and without their services, the world would be plunged into a food famine. To address this issue, the city of Tallinn, the capital of Estonia, has constructed an eight-mile walkway that connects six districts of the urban area. This was an attempt to encourage an increase in insect pollination, as well as provide city dwellers clean, green spaces to enjoy. Known as the Pollinator Highway, it is one example of how nature can co-exist in urban centers alongside humans. While the United States Environmental Protection Agency (EPA) has attempted to address the pollination issue, the use of pesticides and herbicides, which the United States continues to allow, leaves pollinators exposed to these harsh chemicals, resulting in their deaths. There has been more awareness about this issue, however, and many scientists have even suggested drones and robotics to mimic pollinator behaviors and artificially pollinate plants. These advanced technologies, however, can be very costly to produce and maintain, and their creation and upkeep only adds to the issues of depleting raw materials. As a result, it would be cheaper and more sustainable to protect our natural pollinators and appreciate their natural, free services, by promoting a safe environment for the pollinators to flourish.

Studies have also shown that greenery and time spent in nature can have positive impacts on an individual’s mental health, so Tallin’s Pollinator Highway would be mutually beneficial for both humans and pollinators alike. This walkway they created not only ensures the safety of bees, but also, through incentivizing citizens to walk and bike, has led to a decrease in emissions released by cars and other motor vehicles. This is also partly due to Tallin’s legislation which has made public transportation free since 2015, incentivizing citizens to switch from personal vehicles to public transport systems and making room in the urban center for cyclists and walkers to enjoy a breath of fresh air. The free public transportation system runs all day long, every day of the week, and Estonia was the first nation in the European Union to implement this system. Many European nations have included similar features since then, but the United States continues to fall behind its European counterparts. As one of the richest nations in the world, the United States has the ability to build more sustainable infrastructure and transform public transportation to better connect all parts of the nation. Then, American citizens too could incentivize the public to use free transportation provided by the state. Having a free public transportation system that runs 24/7 would also increase accessibility for many Americans living in rural areas and on the outskirts of urban centers. These are just some of the ways in which elements of climate change can be addressed.

Virtual/Hybrid Conferences and Climate Change

I wanted to include this image to showcase, for those who are unaware, what a zoom conference screen looks like
Source: Yahoo Images; Zoom has become a vital part of our post-pandemic lives, and among its many advantages, a decrease in carbon emissions and greenhouse gases released into the atmosphere seems to be one of them.

Along the same lines of promoting a safe and more sustainable environment, another interesting way to combat climate change is by simply continuing to use virtual spaces for conferences, meetings, and other such events. The pandemic has drastically forced people around the world to adapt to its contagious spread, and as a result, the entire world had to find new ways to keep functioning without meeting face to face. This is really when zoom became one of the most important tools for students, teachers, professionals, and artists alike. In the midst of all this trauma and loss, it is good to know that we accidentally discovered that hybrid and virtual conferences can actually help combat climate change in a significant way. The greenhouse emissions released so far from the conference industry worldwide are equivalent to the amounts released by the entire US; this is a significant amount of emissions, as the United States, in 2020 alone, released 13.5% of the global emissions. Virtual or hybrid conferences can help decrease those amounts significantly, and we can do this from the comforts of home. While people still use energy and electricity at home to attend these events virtually, it is nowhere near the amount used during in-person conferences. Additionally, this is a profitable development for businesses because it costs them less to host virtual conferences than in-person conferences where they have to pay for the attendees’ transportation, their housing, and for the actual conference hall where the event would be held. Also, virtual conferences increase the accessibility of the events to those who may not be able to travel the long distances due to other obligations in their lives. Virtual and hybrid conferences and meetings can also be timesaving for all those involved, from the attendees to the hosts themselves. Virtual and hybrid meetings should in no way replace face-to-face meetings because in-person meetings are more personable, and generally fosters more community among like-minded people. With that being said, this accidental victory we seem to have stumbled upon should not be dismissed or ignored. Rather, we should explore ways in which this newfound knowledge can benefit us as we begin to reshape our future.

Nature’s Right to Exist

I wanted to include this image to showcase one of the natural ways in which our ecosystem filters our waters for us
Source: Yahoo Images; An image depicting a rapidly flowing river surrounded by a canopy of trees. The rapid flowing water, combined with the many rocks and ridges it passes through, act as a natural water filtration system. This is just one of the many ecosystem services that nature provides us for free, yet we continue to take nature for granted and exploit its resources.

Another innovative approach to reshaping our future might include the securing of rights to the environment itself. This is exactly what Panama, in league with other nations like Italy and Mexico, has decided to do. Panama has passed a new legislation that declares nature’s right to exist. This law forces Panama’s legislations to consider its impacts on the natural world, and whether the existing laws on the books violate nature’s right to exist. This applies to its national policies, but also extends to its foreign policies as well, meaning that Panama cannot take any foreign policy actions that might endanger the environment’s right to survive.  Some of the other nations which have passed similar legislations aim to protect the entire environment, while others have given specific protections to rivers, enabling human representatives to sue on the behalf of rivers that have been harmed or polluted. This is an important piece of legislation for environmental justice, as grievances against the environment can be heard in a court of law, and violations against the environment can be addressed and held accountable. This would be especially significant in the US, because corporations already have a voice through the Citizens United ruling, which equated money with speech, allowing corporations to exercise their “freedom of speech” through campaign contributions to potential and elected officials. Passing such a law that protects the environment’s right to exist in the US would provide a voice for the environment, to fight against some of the harmful injustices caused by environmental racism and exploitative behavior from corporations, and would serve as a check on the power and influence of multinational corporations on US policy, both in domestic and international affairs. If the United States were to do what Panama did, issues such as the Flint water crisis, or the countless instances of exploitation of indigenous lands by big industries, could be stopped, and the perpetrators of such damages caused to the environment can be legally held accountable. Nature, with its many ecosystem services, and resources it provides to all life forms on Earth, deserves to be protected, and using such a rights-based language to call for environmental justice is another way to reduce our dependency on non-renewables. Ensuring the smooth functionality of these ecosystem services (which are free to everyone), is an essential aspect of fighting the climate crisis and without protection, these services would otherwise be jeopardized, costing us money, time, and lives as we try to mimic these services to simply survive.

The Fight for Humanity’s Future

Source: Yahoo Images; Fridays for Future is a movement created by the younger generation to bring awareness to the climate crisis and demand the transition of the global dependence on nonrenewable resources, to more sustainable, renewable ones.

So, what more can be done? For one, we should continue to support green initiatives and pressure our representatives to propose legislations such as the Green New Deal, or pass our own version of Panama’s “Nature’s Right to Exist” legislation. When proposing policies, we should consider the many ways in which climate change impacts different communities, and craft our policies through a rights-based approach. While ethical consumption under a capitalistic world can be challenging, we as consumers should be more aware of the brands we consume and the products we consume, to incentivize businesses to be more aware of their impact on climate change and actively try to address it through their operations. We also should start publicly questioning some of the corporations that exploit the nature and its resources, and hold them accountable for their actions. This tactic is known as “naming and shaming”, where we publicly challenge some of the exploitative practices these companies may use, and as a result, enforcing them to be more conscious of their operations. We also need to educate others about the reality in which we live in, and how each individual can make an impact on the climate crisis through changes in habits and lifestyles. We need to bring attention to the growing climate crisis through healthy civil agitation and educate others on their carbon footprint. Ask friends and family members to be mindful of their purchases, and boycott businesses that exploit the Earth and its vulnerable populations. This is exactly what the Fridays for Future movement is attempting to do. Created by a young generation of climate activists, this global phenomenon centers around awareness and action against the climate crisis. Students sacrifice their Fridays to fight for the protection of the Earth and their own future existence. We too, as students passionate about environmental justice, can support their initiative by hosting our own climate protests here on campus, or by simply boosting the movement in our own communities. Or, as India, Ethiopia, and many other nations around the world has proven, we can simply plant more trees. Whatever it is we do, the environment depends on the actions of everyone, and how we respond to this crisis will determine whether the human species, (and many other organisms with it), will be able to exist in the future.

 

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.   

Housing is a Human Right

Tent that says Housing is a Human Right
Source: Yahoo Images

Housing is a human right. Article 25 of the Universal Declaration of Human Rights states that, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” Amid America’s current housing market and increase in homelessness, many questions have been raised regarding the effect of this economic crisis. Ending the housing crisis in America is especially crucial considering a home for most people and families is not simply a house, but also a place for working and learning remotely. Having a home influences factors that play key roles in the quality of one’s life. Although the future state of the housing crisis is uncertain, the fact that housing is a human right and an objective need remains the same. 

America’s Housing Crisis 

Much of America’s current public housing was built succeeding the Great Depression with the 1937 Housing Act; this act declared that everyone deserves “decent, safe and sanitary” housing. However, ever-changing political tides and negative stigmas toward public housing led to large disinvestment by the government. Between the years 1995 and 2018, annual federal funding for public housing, accounting for inflation, fell by nearly 50 percent. The 1998 Faircloth Amendment placed limits on construction of new public housing units which corroded older public housing units and forced tenants to live in unsafe conditions with mold and lead. One study shows that people living in poor quality housing were at a 50% higher risk of an asthma-related emergency room visit. In addition, the National Low Income Housing Coalition estimates that over 10,000 public housing apartments are lost annually “because they are no longer habitable.” The growing need for updating and building new low-income housing, and a consistent decrease in government assistance, has created a market that detrimentally affects millions of renters and home buyers. 

Housing shortages and wealthy individuals buying and renting out homes at a mark-up rate has created an increase in the cost of homes in America. This phenomenon is called the financialization of housing, which occurs when housing is treated as a commodity—a vehicle for wealth and investment—rather than a social good. Special Rapporteur Leilani Farha stated in the documentary PUSH, “I believe there’s a huge difference between housing as a commodity and gold as a commodity. Gold is not a human right, housing is.” In many developing economies, long existing neighborhoods located in ‘prime land’ can often be subject to evictions and displacement to make room for new investment properties. This practice can often leave residents homeless with little warning or time for any preparation. 

Disparities within Homelessness in America 

Tents made from tarp
Source: Yahoo Images

In 2020, nearly 600,000 Americans were facing homelessness, which had been worsened due to the Covid-19 pandemic. This is caused by various combinations of the lack of affordable housing, low incomes, and unemployment. Most minority groups, especially African Americans and Indigenous people, experience homelessness at higher rates than whites, largely due to long-standing historical and structural racism. A 2020 study found that African Americans make up nearly 40% of all Americans experiencing homelessness, while only accounting for 13% of the general population. One root cause of the current wealth gap between white households and households of color is redlining, systemic housing discrimination supported by the federal government decades ago. Redlining discouraged economic investment, such as mortgage and business loans, in Black and Brown neighborhoods. In addition, the effects of mass incarceration and access to quality healthcare cause people of color to fall victim to poverty and homelessness at a disproportionate rate. 

Pushing Forward 

Woman at Housing Rights Protest
Source: Yahoo Images

Although this complex issue has no simple or easy solution, there are many ways to contribute to positive change and organizations actively making progress. For example, Housing is a Human Right organizes to work toward the “3 P’s:” protect tenants, preserve communities, and produce housing. Last year, they laid out their advocacy highlights of 2021 including the following plan of action: 

  • Rolled out a comprehensive platform to address the housing affordability and homelessness crises 
  • Pushed for more inclusionary housing and the adaptive reuse of existing buildings to produce more affordable and homeless housing 
  • Fought the criminalization of homelessness 
  • Continued to expose the real estate industry through our award-winning advocacy journalism