social justice – UAB Institute for Human Rights Blog

Poland’s Rise in Populism

In 2015, the Law and Justice Party (PiS) became the majority in the Polish Parliament alongside the presidency for the first time since 2007. The Law and Justice Party is a right-winged populist party that has faced ongoing controversy and scandals since its formation in 2001. The Law and Justice Party began as a center-right party with an emphasis on Christianity. The party began forming coalitions with far-right parties in 2007, which positioned its ideology closer towards nationalism and populism. During the last few years support dwindled for the PiS; however, their messages calling for family unity and Christian values have appealed to deeply religious sectors of the country. A country that is trending towards nationalism and populism risks violating the rights of those that the nation deems as “other”. By establishing a national identity, particularly around religion, they are also establishing those that do not belong to the national identity. This carries the risk of isolating and ostracizing individuals.

The Close Relationship Between Religion and Government

The Polish identity is tied very closely to Catholic beliefs and practices. Around 87% of Polish people identify as Roman Catholic. In Poland Catholic values are taught in public schools , over ⅓ of Polish citizens attend church regularly, and the Polish government has an intense working relationship with the Catholic Church. Public ceremonies are often held with the blessings of priests, and church officials often act as a lobby group having access to large amounts of public funding. Priests in the countryside of Poland often campaign for members of the more conservative party who support legislation that aligns with the ideals of the Catholic Church. This close relationship is criticized because of the archaic and often divisive legislation that the Church tends to support. The Catholic Church’s alignment with the government will inevitably ostracize those who are not Catholic as well as those who live their life in a way that the Catholic Church condemns. The issue is at a governmental level, this allows for discriminatory policy to be passed.

President Duda and the 2020 Elections

The support of the Catholic Church was paramount in the Law and Justice Party candidate winning the 2020 Presidential election. President Duda, the PiS candidate, narrowly won re-election after a very divisive campaign against the progressive Mayor of Warsaw. President Duda exploited negative rhetoric citing LGBT ideology as being more destructive than Communism. Poland’s history of Union of Soviet Socialist Republics (USSR) occupation accompanied with this rhetoric led to the success of President Duda in the 2020 Presidential election. PiS members and Catholic Clergymen asserted LGBT values as being in opposition to family values and sought to associate the LGBT community with pedophilia. President Duda’s narrow win ignited mass unrest spreading throughout Polish cities as progressives viewed his win as a step back for LGBT rights in Eastern Europe.

President Duda of Poland meets with President Trump of the United States (Source: Creative Commons)

LGBTQ Free Zones

Anti-LGBTQ rhetoric did not begin in the 2020 Polish elections. Over 100 towns and regions around Poland have declared themselves LGBTQ Free Zones since 2018. These declarations are largely symbolic; however, they have further divided the country and suppressed the LGBT community. LGBTQ free resolutions have been pushed by the Catholic Church and politicians across Poland. Protests against these zones have resulted in mass countermarches of right-wing Poles that have ended in violence. The LGBTQ community has continued to face oppression from their government and these zones just serve as a way to further disenfranchise them.

“Stop Financing LGBT+” Sign hanging outside a building in Warsaw (Source: Creative Commons)

Access to Abortion

Along with the anti-LGBT legislation, Poland’s Supreme Court recently ruled in favor of strict regulation of abortion. Poland previously had regulations only allowing abortion access to victims of rape, incest, preservation of the mother’s life, and if the baby has fetal defects. Legal battles erupted in 2019 by the Law and Justice Party to ban abortions in the event of fetal defect. Judges nominated by PiS members ruled in favor of a ban of all abortions due to fetal defects, which account for approximately 98% of all Polish abortions. The decision led to outcry across Poland inspiring protests in almost every major city.

What is the future of Poland?

The future of Poland is unknown, and it is clear the Polish government has become increasingly populist and nationalistic. Public figures are using rhetoric that divides the general population from “western elites” and activists within their country that seek to strive towards more encompassing human rights. Polish activists are fearful of future legislation that will further violate human rights. International human rights activists, the United Nations (UN) and European Union (EU) have all attempted to pressure Parliament to pass legislation showing outward support of the LGBTQ community. Polish officials responded claiming LGBTQ people have equal rights in the country and organizations should instead focus energy on Christian discrimination taking place internationally. As part of the international community, we can demonstrate our support for the people of Poland by staying up to date on what is happening there. It is also important to create dialogue around the issues in Poland which can include everything from social media posts to organizing events that bring awareness to the situation.

Is Internet Access a Human Right?

Introduction

My sister is in middle school.

She is in VIRTUAL middle school, spending almost all her time in her room physically and mentally connected to her computer for more than five hours a day, Monday to Friday.

Two weeks ago, our family received a voucher in the mail giving us the chance to receive internet service for free until December 30th, 2020. The vouchers come from a program known as the Alabama Broadband Connectivity (ABC) for Students. The goal for this program is to provide “Broadband for Every K-12 Student.” ABC uses money from the Coronavirus Aid, Relief, and Economic Security (CARES) Act directed to Alabama ($100 million) in order to cover the costs of “installation, equipment, and monthly service” to all students “who receive free or reduced-price lunches at school.” Families who earn less than 185% of the federal poverty level ($48,470) are those considered eligible for the vouchers, including 450,000 children enrolled in the National School Lunch Program.

Which brings me to the topic of this blog post: Internet Access, and why it is so important given this day and age.

Now, I know what you might be thinking, “Yes, the coronavirus is still a major issue among governments today, and since people cannot really gather outside in large groups, the internet is the next best option. That’s why it is so important to have access to it.” Great, at least you understood that part, but what if I told you that there are governments around the world shutting down the internet, from India to Russia and even countries like Indonesia, in the attempt to resolve their problems?

Shocking right? I would personally think so.

But before we talk about Internet Access as a potential human right, let us talk about some of the things that we take for granted when we have internet access.

An image of a world map in blue showing lines representing connectivity across countries. — 2015 Global Connectivity Index. Source: geobrava.wordpress.com. Creative Commons

How do we benefit from being online?

Instant Communication

- We often tend to talk to others by text, rather than face-to-face. Texting allows people to communicate in speeds never thought possible in the past, which leads to an eventual disconnect in establishing a fully personal connection that people would have if they interacted in person.

Homework

- Especially during these times, we need the internet in order to complete our homework, and not having that access most definitely leads to an inability to do work as efficiently as if we had access to the World Wide Web.

Yes, even the Weather

- How many people check the weather before leaving their homes? Checking the weather resides among the most popular search terms, which makes sense, as people need it to avoid downpours and be prepared to any eventual changes in plans.

Opinions against Internet Access being a Human Rights

Reflecting on the above benefits really does help broaden one’s vision in understanding how connecting to google.com or other web sites is essential to the daily happenings of our lives. It makes sense to simply call access to the internet a human right because of the way most of us use the internet to live our lives more efficiently.

Well, before we explore the arguments why Internet Access should be a human right, let us look at two perspectives to the contrary, an NYT op-ed by Vinton Cerf, an “Internet pioneer and [who] is recognized as one of ‘the fathers of the Internet,'” and a statement by Commissioner Michael O’Rielly of the Federal Communications Commission.

According to Cerf, for something to be considered a human right, it “must be among the things we as humans need in order to lead healthy, meaningful lives,” In that end, he argues that access to the Internet should be an enabler of rights, but not a right itself.

“It is a mistake to place any particular technology in this exalted category (of human rights), since over time we will end up valuing the wrong things.” — Vinton Cerf

He then attempts to clarify the lines at which human rights and civil rights should be drawn, concluding his op-ed with an understanding that access is simply a means “to improve the human condition.” Granting and ensuring human rights should utilize the internet, not make access the human right itself.

While Cerf seems to believe that the internet is a necessity for people but not a human right, O’Rielly believes otherwise, making it neither a necessity nor a human right.

In a speech before the Internet Innovation Alliance in 2015, Michael O’Rielly introduces his guiding principles with a personal anecdote about his life, emphasizing the impact that technology has given him, even going so far as to claim it as “one of the greatest loves of [his] life, besides [his] wife.” Despite this personal love for technology, one of his governing principles is to clarify what he believes the term ‘necessity’ truly means. He claims that it is unreasonable to even consider access to the internet as a human right or a necessity, as people can live and function without the presence of technology.

“Instead, the term ‘necessity’ should be reserved to those items that humans cannot live without, such as food, shelter, and water.” — Michael O’Rielly

O’Rielly attempts to make the distinction between the true sense of the word ‘necessity’ and ‘human rights,’ trying to defend against “rhetorical traps” created by movements towards making Internet Access a human right. These definitions are the basis of his governing principles and how he attempts to create Internet policies with the government and ISPs (Internet Service Providers).

Opinions for Internet Access being a Human Right

One of the interesting things to note above is the distinction made between one’s need for Internet Access and its categorization into a human right. Today, many if not all businesses require the usage of the Internet, going so far as to purely rely on its presence for regular business transactions and practices to occur. This understanding of the importance of the internet is prevalent now more than ever. The onset of COVID-19 has forced businesses to shut their physical door, allowed for increased traffic of online e-commerce sites like Amazon, and pushed kids towards utilizing platforms like Zoom, Microsoft Teams, and Google Meet as substitutes for attending school. As such, these next few paragraphs will discuss why Internet Access is, in fact, a human right.

Violations to internet access are prevalent around the world, ranging from countries like India and Sri Lanka to others like Iran and Russia, aiming to either curb resistance or reduce potential sparks of violence. In India, for example, the government had shut down access to the Internet for Indian-administered Kashmir, an action that brought the condemnation of UN special rapporteurs, where the regions of Jammu and Kashmir experienced a “near total communications blackout, with internet access, mobile phone networks, and cable cut off.” In Sri Lanka, only specific applications are blocked by the authorities, while Iran works to slow “internet speeds to a crawl.” The internet system in Russia allows for it to seem like it functions while no data is sent to servers. These systems aim to restrict journalists from spreading news about violations of human rights while also limiting people’s ability to freely express themselves.

The Wi-Fi symbol, with a cross through it. — Offline Logo. Source: Wikmedia Commons. Creative Commons.

This attempt to curb the spread of information also violates Article 19 of the Universal Declaration of Human Rights, of which India and Iran voted in favor, the Soviet Union abstained, and Sri Lanka was nonexistent during its passage (accepted by the General Assembly in 1948).

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.” — Article 19 of the Universal Declaration of Human Rights

Conclusion

There seems to be a fundamental agreement from many experts ranging from the United Nations to organizations like Internet.org that aim to connect people with others around the world, that Internet Access should become, or already is, a basic human right. Although arguments are made that the internet allows for freedom of speech and enable other rights to exist, accessibility to that medium of communication and connection should be guaranteed as food or water. Although the internet is not needed for physical survival, the internet is a requirement for advancement and productivity in life.

Which brings me back to the first point made. I am thankful to have a family and live in a home where I can access information and write blog posts about human rights all around the world. What about those living within my city, my state, the United States, or even Planet Earth who do not have that access to the Internet? What about people that cannot connect with people miles away from them, or people who cannot receive an education due to the environmental factors that affect us now.

Access to the internet is a critically important task that governments, local, state, and federal, all need to act upon in order for a successful and growing economy, not just for current businesses and enterprises, but for the future leaders of our country. It is during these trying times that disparities and inequities are revealed, and those in power must be held accountable for a connected and thriving population to exist.

An image of a man in a blue suit holding a tablet with a hologram of the world map shining above. — Source: PickPik. Creative Commons.

If you would like to learn more about Internet Equality and the case for Net Neutrality, I encourage you to read my previous blog post “Internet Equality: A Human Rights Issue?”

The Right to Mental Health and the Importance of Self-Care

While it seems that most people today would agree that taking care of one’s mental health is important, it may come as a surprise that mental health is actually a human right. According to Article 25 of the Universal Declaration of Human Rights, all people have the right to “a standard of living adequate for the health and well-being of himself and his family…” The Office of the United Nations High Commissioner for Human Rights has declared that “that the right to health is a fundamental part of our human rights and or our understanding of a life in dignity.”

Mental Health as a Human Right

The United Nations Human Rights Council recognizes three principles regarding the right to health:

The first is that it is an inclusive right. This means that it extends “not only to timely and appropriate health care, but also to the underlying determinants of health.” This includes things like access to clean water, safe working conditions, and important information about health. These factors, while clearly relevant to physical health, are also important in maintaining one’s mental health.

The second principle is that the right to health includes both freedoms and entitlements. Freedoms would include things like “the right to control one’s health,” while entitlements would include things like “the right to a system of health protection that provides equality of opportunity for people to enjoy the highest attainable standard of health.” This is significant because one needs to be able to access important information and resources related to mental health in order to have meaningful support for their mental health.

The third principle is that the right to health is a broad concept that can be divided up into more specific rights. For example, there are some aspects of health that are specific to people who are assigned female at birth, and those aspects are associated with specific rights. The right to mental health (and the rights associated with it) is one of the many rights that make of the right to health.

Mental Health Impacts Your Overall Future Health

According to the World Health Organization’s Constitution, health is “a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.” Based on this, taking care of your mental health is not simply making sure that you are not actively going through a crisis. Being healthy is more than just surviving. Taking care of your mental health involves taking daily steps to care for yourself that not only improve your health in the present, but also protect your health in the future.

Having poor mental health puts you at a greater risk for physical health problems. According to the American Psychological Association, having a mental health condition reduces men’s life expectancy by an estimated 20 years and reduces women’s life expectancy by about 15 years. This is in part due to the fact that nearly two-thirds of people with mental health conditions do not seek any form of treatment.

Mental Health is a Key Part of Accessing Many Other Rights

In addition to being a right on its own, maintaining good mental health is also a key part of being able to meaningfully access many other human rights. For example, even when given all the necessary tools that are directly related to education, struggling with mental health issues can impede a person’s ability to receive a truly meaningful education. This is reflected by the long-term effects of depression. In one study, scientists found that individuals who faced depression during mid-adolescence and continue to deal with it as young adults are at an increased risk of educational underachievement and unemployment. One’s mental health can also impact their access to other rights such as the right to participate in the cultural life of their community, the right to rest and leisure, and the right to work.

Scrabble pieces spell out the words "mental health." — Mental Health. Source: Kevin Simmons, Creative Commons

You Have to Help Yourself Before You Can Help Others

You’re probably familiar with the concept of putting your oxygen mask on before assisting others on a plane. If you are struggling to breathe yourself, not only is your ability to help others inhibited, but you’re putting your own health and well-being at risk of harm. This can be applied to mental health as well. If you are facing serious struggles with your own mental health, it is important to focus on helping and support yourself before taking on responsibilities related to other people’s mental health.

For this reason, the maintenance of good mental health is especially important for people who work in fields such as human rights advocacy. The world of human rights is full of issues and topics that can be emotionally draining, so one can easily become overwhelmed by it all. It is vital that advocates make their mental (and physical) health a priority, even if their main concern is helping others. Self-care needs to be a part of any human rights advocate’s tool kit.

The Basics of Self-Care

Self-care can be defined as “any activity that we do deliberately in order to take care of our mental, emotional, and physical health.”

Raphailia Michael, a licensed counseling psychologist, suggests that there are three golden rules to starting self-care:

“Stick to the basics.” This makes it easier to include self-care into your schedule, make it a part of your regular routine, and figure out what works best for you.
“Self-care needs to be something you actively plan, rather than something that just happens.”
“Keeping a conscious mind is what counts…if you don’t see something as self-care or don’t do something in order to take care of yourself, it won’t work as such.”

Michael also gives a basic checklist of self-care tasks that can apply to pretty much anyone. This list includes things such as eating a nutritious diet, getting enough sleep, following up with medical care, and looking for opportunities to laugh every day.

It is so easy to get caught up in the hustle and bustle of everyday life and forget to take care of oneself. We all do it sometimes. It is important that we set aside time to properly take care of ourselves and pay attention to our own needs. Mental health matters just as much as everything else that is going on, and that’s something we need to remember.

Oil: The World’s Black Gold?

Known as black gold, petroleum has long been, a valuable resource that many of us benefit from during our daily lives. The petroleum industry’s products range from transportation to even the feedstocks that make the “plastics and synthetic materials that are in nearly everything we use.” Shockingly, the United States has consumed almost 7.5 billion barrels of oil per year, with about 46% of it used as motor gasoline. However, “there is an alarming record of human rights abuses by governments and corporations associated with fossil fuel operations,” ranging from relocation to even suppression of critics.

What is Petroleum?

An image of a pipe pouring some type of green substance, oil in particular, into a barrel. — Recirculated petroleum is pumped from the well by a replica steam engine. Source: Wikipedia, Creative Commons.

Known officially as crude oil, petroleum is a fossil fuel that can be found underneath the Earth’s surface in areas known as reservoirs. Petroleum is mainly used for gasoline that fuels most cars in the world. Petroleum is also used as diesel, jet fuel, heating oil, propane, and others.

However, petroleum is not just a fuel source. Many factories and production sites use petroleum in order to make “crayons, dishwashing liquids, deodorant, eyeglasses, tires, and ammonia.”

Beginnings of the Petroleum Industry

An image of an oil well, colored black, in the process of digging for oil. Located in Lufkin, Texas. — Pumpjack, Spindletop oil field. Source: Flickr, Creative Commons

Through the growing and prosperous iron and steel industry, the 20^th century became a period of “great change and rapid industrialization.” However, the birth of the railroad and new construction materials gave way to the petroleum industry offering an alternative source of fuel needed in everyday life.

In Texas, the discovery of the Spindletop oil reserve allowed for the creation of hundreds of oil companies, especially Texaco and Golf, and for the massive decrease in oil prices, from “$2 a barrel to 3 cents.” In 1901, the Hamill brothers, contracted to drill into the ground using a steam engine, came into contact with 160-million-year-old crude oil, shooting up in a geyser meters high. They had anticipated 50 barrels of oil being produced in a day, but more than 80,000 barrels were being produced each day, enriching the backers of the oil rig exponentially.

When talking about the history of oil, one must never forget one of the key figures in the industry, John D. Rockefeller. Through his experience in entrepreneurship and organization, he became a leading figure in the oil industry by creating the Standard Oil company, one of the “world’s greatest corporations.” Through a monopoly, his company integrated itself both horizontally and vertically by eliminating competition and making products cheaper and production more efficient.

The discovery of the Spindletop oil reserve allowed for competition against Standard Oil, through the rise of the Texas Company and the American Gasoline Company (Shell Company of California during the mid-1910s). However, because of Standard Oil’s attempts to “monopolize and restrain trade,” the Supreme Court decided to split up the company into 34 smaller companies.

Oil in the World

Reserves can be found all over the world, but there are countries that produce more oil simply due to the vast reserves found underneath the Earth’s surface. In the United States, the five largest oil producing states are Texas, Alaska, California, Louisiana, and Oklahoma. In the world, the top oil producing countries are Saudi Arabia, Russia, the United States, Iran, and China. The need for oil in the United States surpasses the amount it can produce, generating the need to import oil from Canada, Saudi Arabia, Mexico, Venezuela, and Nigeria.

Looking closely at the top producers of oil in the world, you may notice that two countries in the top five are countries in the Middle East, each with their own host of problems regarding human rights. They range from Saudi Arabia’s supposed killing of journalist Jamal Khashoggi in 2018 and the killing of more than 6,500 Yemeni civilians as a result of numerous airstrikes against the Houthi rebels to Iran’s crackdown on peaceful protestors and the presence of Iran’s death penalty for most extreme offenses. Allegations of human rights abuses also extend to China as well, where Xi Jingping has removed term limits for the president and enabled the mistreatment of Muslims living in northwestern China. Many consider these human rights issues are due to something called the “Resource Curse,” where the abundance of natural resources in developing countries, like oil, usually lead to “economic instability, social conflict, and lasting environmental damage.”

Oil and Human Rights in the United States

If you read the news as much as I had a couple of years back, then you might recall a certain conflict occurring in North Dakota regarding the Dakota Access Pipeline. The Dakota Access Pipeline, built by Texas-based Energy Transfer Partners, is designed to transport more than 500,000 barrels of crude oil everyday from North Dakota to Illinois. Proposed by Energy Transfer Partners in 2014 and completed in 2017, many interest groups protested the pipeline, ranging from environmental activists to the Standing Rock Sioux tribe.

An image of protesters holding up a banner with the words "STOP DAKOTA ACCESS PIPELINE" across it. — Dakota Access Pipeline protesters against Donald Trump

The pipeline currently travels under the Missouri River, a source of drinking water for the Standing Rock Sioux tribe as well as a source of biodiversity in the environment. Part of the reason for the protests include the damage to the water supply that said pipeline could inflict if leaking occurs which is justifiable due to the more than 3,300 occurrences of leaks since 2010 at many pipelines in the United States.

An image of the route of the Dakota Access Pipeline, with the Standing Rock Sioux tribe tribal location highlighted as well, showing where the pipeline would threaten those tribal areas. — Le Dakota Access Pipeline avec la réserve indienne de Standing Rock en orange. Source: Wikipedia, Creative Commons.

Reactions towards the protestors have also been extreme, as Maina Kiai, UN Special Rapporteur, has reported. The North Dakota National Guard, law enforcement officials, and private security organizations have used extreme force, shown through the use of “rubber bullets, tear gas, mace, compression grenades, and bean-bag rounds.” These reactions have been in violation of the U.S. Constitution, specifically the First Amendment. Although some protests have become violent, Kiai suggests that “the response should remain strictly proportionate and should not impact those who protest peacefully.”

“The right to freedom of peaceful assembly is an individual right and it cannot be taken away indiscriminately or en masse due to the violent actions of a few.” — Maina Kiai

By also having part of their cultural homeland destroyed during the construction process, the company contracted for this project is violating the United Nations Declaration on the Rights of Indigenous Peoples, where Article 8 of the Declaration clearly states that “Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.” However, it is clear to note that U.S. support does not consider the Declaration as a “legally binding or a statement of current international law,” but instead a political or moral force.

Economic trends and forces have commanded the way in which our country has treated those who have been disenfranchised and harmed culturally. The creation of the Dakota Access Pipeline is merely an example of the effect that these economic interests can have on native populations, the environment, and the treatment of those peacefully protesting. Although the pipeline’s main intent is to provide a source of energy for the United States, the threat to harm a cultural tribal site can lead to the destruction of homes for many residents.

Art for Human Rights: The For Freedoms Congress

As the crowd chanted the words “Reactionary? No, visionary” in synchronization, we could envision the power of community and our passion to create change. Our minds were synced in for a collective purpose and hearts full of warmth and unity. This was at the first For Freedoms Congress in Los Angeles, California at the beginning of March earlier this year. I had the incredible opportunity to attend and bring back home a plethora of inspiration, information, and ideas on using art as a tool for activism.

What is For Freedoms?

For Freedoms is an artist-run platform for civic engagement, discourse, and direct action for artists in the U.S. inspired by American artist Norman Rockwell’s paintings of Franklin D. Roosevelt’s Four Freedoms—freedom of speech, freedom of worship, freedom from want, and freedom from fear—For Freedoms uses art to encourage and deepen public explorations of freedom in the 21^st century. Their belief is to use art as a vehicle for participation to deepen public discussions on civic issues through non-partisan programming throughout the country. Hank Willis Thomas, the cofounder of For Freedoms says that “The people who make up our country’s creative fabric have the collective influence to affect change. Right now, we have a lot of non-creative people shaping public policy, and a lot of creative individuals who haven’t or don’t know how to step up. For Freedoms exists as an access point to magnify, strengthen, and perpetuate the civic influence of creatives and institutions nationwide.”

About the Congress

The For Freedoms Congress gathered delegates from all 50 states, the District of Columbia, and Puerto Rico to come together to share their mutual passion of using art as a tool for advocacy and activism. We were honored and proud to represent the Institute for Human Rights, UAB, and the state of Alabama at this nationwide platform. The Congress spanned over three days in the historic city of Los Angeles to celebrate its role as the birthplace and driver of many important artistic-led cultural movements over the decades. The use of remarkable locations such as the Museum of Contemporary Art, Japanese American National Museum, and the Hammer Museum added to the artistic aura of the conference and gave us an opportunity to explore these exciting places.

Over the course of the conference, we got to attend a number of artist-led planning sessions, creative workshops, art activations, and performances on topics ranging from refugee rights to gun violence, indigenous rights to gender equality, and the criminal injustice system to public art policies. In addition, featured townhalls were held on each of the four freedoms that sparked constructive dialogue between the participants.

The 50 State Photo. Source: Ural Garrett, FFCon

Culture, Art, and Advocacy

The foundation of all the discussions and sessions at the Congress lies on one fact: culture is a human right. Article 27 of the Universal Declaration of Human Rights states that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” To make this right a reality, activists, advocates, and cultural institutions from around the country came together to share their ideas, foster collaboration, and to create a platform for civic engagement. They committed to keep playing their part in their respective communities to help make this right a reality for all through public action and commitment to the American values of equality, individualism, and pragmatism.

We need to make sure that cultural and social groups are able to express themselves and exercise their right to art in addition to other human rights. The right to art suggests that it should be accessible to everyone and is synonymous with free speech and self-expression. It goes back to having the freedom to speak up for one’s own self, to have representation, and to practice religion and cultural ways free from any fear or want.

Art is a powerful tool to bring communities together and it speaks to people, which is why it can be used in all kinds of fields to foster equity, inclusion, and justice in society. For example, an important aspect that is often overlooked is the importance of art education and its access in our education system. Art education fosters social development, provides a creative outlet, enhances academic performance and intellectual development, and promotes out-of-the-box thinking for students. Brett Cook, an interdisciplinary artist and educator, led a dialogue on community and collaboration to explain how arts-integrated pedagogy can cause healing and tell stories that reinvent representation. He used The Flower of Praxis as the basic model to foster socially engaged art practices with a focus on art education for collaborative outcomes. It starts with preparing the soil by reflecting on personal experiences and moves through the leaves of connecting with others, seeking new understandings, generating critical questions, and critical analysis to grow into the flower of informed action. The process keeps going by reflection influencing action and eventually generates activism and civic engagement.

The Flower of Praxis. Source: Rosa Gonzales, Creative Commons

Making the voices of people more audible by telling their stories through art and narrative can help create a new moral imagination on pressing issues and social injustices. Art can be used to express what human rights mean to a certain group of people. It gives people the right to their own ways and to tell their own stories. The session “Art Stories on Migration” made me realize the potential of art as a tool for advocacy and how it can be used to create a sense of belonging among disoriented populations. It can redefine identity and help answer pressing questions like who belongs to the economy? Who belongs to the healthcare system? Who belongs to the American identity? It can help communities take ownership and build representation in creative ways. The language of visuals activates the aesthetic perceptions of individuals and facilitates a deeper understanding of issues beyond the surface level. Making the stories of refugees and migrants visible through artistic media gives voice to their struggles and highlights their contributions. Responding to the question of suggesting creative activities or solutions in response to the issues of migration, one participant shared their video project in which immigrants re-read the Declaration of Independence to reflect on what those words mean to them, not just historically but also contemporarily. Another delegate suggested using inclusive language and terminology in museums and other public spaces, such as newcomers or people who migrated instead of refugees or immigrants, enslaved people rather than slaves, and First Americans instead of Native Americans. There are also various avenues for advocacy for non-profit organizations and public charities to lobby, advocate, and encourage participation in politics, elections, and other social movements.

One of my favorite sessions at the Congress was the “This is Not a Gun” workshop. It was based on using collective creative activism to highlight the stories of injustices inflicted on the American people at the hands of law and order. Since the year 2000, United States police have “mistaken” at least 38 distinct objects as guns during shootings of a majority of young black American men, none of whom were armed. The participants shaped these mistaken-as-gun objects in clay, giving presence to their form, the human rights violations, and racism prevalent in America today. While carving out these everyday objects like a flashlight, hairbrush, and sandwich, we paid tribute to the victims and had a meaningful conversation around accountability, equity, safety, and social justice in our country. It made us reflect on the racial profiling, police brutality, societal trauma, and the role we can play in addressing these issues by coming together to support our people and our communities.

The takeaway message from the Congress was that art has the potential to make a difference in the social discourse and to create change through public engagement. The For Freedoms Congress built a collective platform for artists around the nation to stimulate public action on pressing national issues. In the words of For Freedoms delegates,

We are a collective of artists, creatives, and cultural institutions. We believe citizenship is defined by participation, not ideology. We are anti-partisan. We use the power of the arts to drive civic engagement, spur public discourse, and inspire people to participate in our democracy.

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.

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.

What is Homelessness and Why is it an Issue?

Homelessness is defined as “the state of having no home.” In the 1950s, the idea of homelessness was just that, an idea. About “70% of the world’s population of about 2.5 billion people,” lived in rural areas. Today, however, it is estimated that at least 150 million people across the world are homeless with a total of 1.6 billion people lacking adequate or appropriate housing. OECD (Organization for Economic Cooperation and Development) data also ranks the United States (U.S.) as 11th behind Australia, Canada, Germany, Sweden, and others, in terms of homelessness as a percent of the total population in 2015. What is particularly interesting about these statistics is that the first two, Australia and Canada, have plans to address homelessness, with the latter two, Germany and Sweden, not having any type of national plan.

According to U.S. Department of Housing and Urban Development’s (HUD) 2018 Annual Homeless Assessment Report to Congress, an estimated 553,000 people experienced homelessness on a single 2018 night. In terms of homelessness by state, California ranked highest with a raw amount of 129,000 people and North Dakota ranked the lowest in raw count with 542 homeless people through a point-in-time count. Compared to 2008, about 664,000 people in the United States had experienced homelessness on a single night. When looking at California in 2008, about 158,000 people, more than a sixth of the total, had experienced some type of homelessness.

Definitions:

Sheltered Homelessness: referring to those who stay in emergency shelters, transitional housing programs, or safe havens.

Unsheltered Homelessness: referring to those whose primary nighttime location is a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for people (streets, vehicles, or parks).

Chronically Homeless Individual: referring to an individual with a disability who has been continuously homeless for one year or more or has experienced at least four episodes of homelessness in the last three years where the combined length of time homeless in those occasions is at least 12 months.

During December of 2017, “Philip Alston, the United Nations special rapporteur on extreme poverty,” visited California, Alabama, Georgia, Puerto Rico, West Virginia, and Washington, D.C., and compiled his findings into an associated report. Here, he introduces the U.S. as one of the world’s richest societies, a trendsetter, and a sophisticated place to live. After such praise, he contrasts the country with his own observations and data gathered from OECD. He also indirectly attacks the U.S., going so far as to mention that “the strict word limit for this report makes it impossible to delve deeply into even the key issues,: showing the immensity of the issues at hand that affect those living in the U.S., known as a “land of stark contrasts.”

In the same report, Alston also noted the at-the-time recent policies that the U.S. had enacted, such as tax breaks and financial windfalls (a sudden, unexpected profit or gain) for the wealthy, reducing welfare benefits for the poor, eliminating protections (financial, environmental, health, and safety) that benefit the middle class and the poor, removing access to health insurance for over 20 million people, increasing spending on defense, and many more. One of the solutions proposed to such an important issue was to decriminalize being poor.

However, leaders of cities and states may think otherwise.

A view of Bunker Hill, Los Angeles — Bunker Hill as seen from Los Angeles City Hall. Source: English Wikipedia. Creative Commons.

For example, Los Angeles and other central cities are constantly seen with “giant cranes and construction” building towers and other magnificent architecture solely to “house corporate law firms, investment banks, real-estate brokerages, tech firms” and other ‘big-money’ companies. However, in those same cities, when looked closely, can make out “encampments of tattered tents, soiled mattresses, dirty clothing, and people barely surviving on the streets.” Alston even goes so far as to call out Los Angeles Mayor Eric Garcetti for allowing ticketing $300 to have an encampment rather than developing affordable housing for the many people unable to pay for their homes and places of residence. This exacerbates the living conditions of those charged because they are struggling to make necessary payments on time, such as healthcare, food, water, and some sort of shelter, be it a tent or living out on the street. This demonstrates that criminalizing homelessness presents an ethical issue that drags people into an endless cycle of poverty.

“Criminalizing homelessness does not solve the problem. It makes suffering more brutal and drives people living on the streets further into the shadows.” – Human Rights Watch

Looking closer to home, the 2019 Annual Homelessness Assessment Report to Congress suggests Alabama has seen progress in lowering the homelessness rate. The report ranked Alabama having the “third-lowest rate of homelessness in the country,” but also having “one of the highest rates of unsheltered homeless youth.”

According to the United States Interagency Council on Homelessness (USICH) in 2018, Alabama had 3,434 people experiencing homelessness through a community count. Below is a breakdown of each category for homelessness statistics in Alabama:

Total Homeless Population: 3,434
Total Family Households Experiencing Homelessness: 280
Veterans Experiencing Homelessness: 339
Persons Experiencing Chronic Homelessness: 540
Unaccompanied Young Adults (Aged 18-24) Experiencing Homelessness: 158

Total Number of Homeless Students: 14,112
Total Number of Unaccompanied Homeless Students: 583
Nighttime Residence: Unsheltered: 675
Nighttime Residence: Shelters: 735
Nighttime Residence: Hotels/motels: 681
Nighttime Residence: Doubled up: 12,021

A homeless student, sitting on the sidewalk against a wall, reading a book. The student has a small bag of items beside him and a sign that says, "Homeless." — Not all students look forward to summer vacation. Source: FAMVIN. Creative Commons

Looking at Birmingham, October 2018 was quite a divisive time due to disagreements and allegations for discrimination against Firehouse Ministries who were aiming to receive support from the city in order to build a new Firehouse Shelter. These allegations had caused the city council to vote down said plan, causing Birmingham Mayor Randall Woodfin to criticize such an action, stating:

“We can’t interject race into every situation. Homelessness is not an issue we should be talking about race.” — Randall Woodfin, in an interview with WBRC Fox 6 News.

However, racial disparities still exist when looking into the homeless population. According to a 2018 report from National Alliance to End Homelessness, African Americans “make up more than 40% of the homeless population, but represent 13 percent of the general population.”

Those disparities could potentially be due to “centuries of discrimination in housing, criminal justice, child welfare and education.” They are also influenced by criminal records, which African Americans are more likely to have, leading to difficulties finding housing or a job to pay for housing.

The USICH has proposed a variety of solutions that could potentially reduce the rate of homelessness if not put an end to the issue once and for all. These solution span a wide range of projects and solutions, some listed below:

Housing First: Providing people with support services and community resources to keep their housing and not to become homeless again.
Rapid Re-Housing/Affordable Housing: Helping individuals quickly “exit homelessness and return to permanent housing” while also being affordable to even those living in deep poverty. Access must also be available according to need.
Healthcare: Having healthcare would allow these households to treat and manage those conditions that limit them from getting a job in the first place.
Career Pathways: Providing accessible job trainings and employment for those living without a home.
Schools: Providing children with schooling can be a sign of safety and connections to a broader community.

Are there any bills that have been introduced into Congress to mitigate homelessness?

Yes, H.R. 1856, titled “Ending Homelessness Act of 2019.” Introduced in March of 2019, this bill, sponsored by Representative maxine Waters of California aims to create a 5-Year Path To End Homelessness, among other things. Currently, this bill has yet to be passed in the House of Representatives before going to the Senate and President.

Homelessness is a Human Rights Issue. The lack to address it is a Violation of stated International Human Rights.

According to the United Nations Office of the High Commissioner, homelessness has “emerged as a global human rights crisis,” particularly in nation-states where resources are available to address it.

In response to questions asked by the Special Rapporteur on adequate housing in 2016, Leilani Farha, the U.S. has NOT characterized homelessness as “a human rights violation by U.S. courts.” However, certain ordinances enacted by cities have been scrutinized, such as criminalizing people experiencing homeless that sleep in public areas, partially due to the lack of shelter space. Supreme Court case Bell v. City of Boise et al addressed this very issue by determining that convicting someone of a crime due to status is in violation of the United States Constitution, particularly the Eighth Amendment, stating that convicting “a person of a crime based on his or her status amounts to cruel and unusual punishment. Simply by criminalizing homelessness through fines or through time in prison, police and other authority bodies are unconstitutionally affecting those who do not the resources to live a life of stability.

In order to end homelessness, cooperation between public and private bodies are necessary so that equitable access to housing and workforce opportunities for those who’ve been disenfranchised. Following recommendations by the USICH can help relieve many of the problems that many communities, both urban and rural, have to face while also refraining from criminalizing homelessness.

PRISONERS NEED ENVIRONMENTAL JUSTICE TOO!

Image of US flag behind barbed wire — Incarcerated America. Source: Pixabay

With the release of the film Just Mercy, which recounts Bryan Stevenson’s experience challenging death row convictions in Alabama and creating the Equal Justice Initiative, the criminal justice system is once again in the news and the topic of the death penalty is being debated. First off, everyone should see the film. Until we do away with the death penalty it is necessary that we confront the realities of it in as many ways as possible. The work that Stevenson is doing is beyond admirable, and unfortunately is still needed, yet I couldn’t help but feel a bit pessimistic about this debate. Partly because it seems so obvious to me that the death penalty should not exist, partly because I have little faith in the current federal administration or the state government to address this, and partly because we have been having this debate about the death penalty my entire life. So I fought that initial feeling and began to think about how I could incorporate criminal justice into my own work on environmental justice and human rights.

Prisoners = Environmental Justice Communities

According to the Environmental Protection Agency (EPA), environmental justice is “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies”. In other words, no community should disproportionately bear the brunt of environmental ills, such as pollution, yet in reality, minority and low-income neighborhoods are the ones to bear the brunt. Just as race-based and class-based disparities exist in the experience of environmental ills, they also exist in the criminal justice system and are both the result of broader injustices, such as colonization and white supremacy. African Americans make up 40% of the prison population while representing only 13% of the American population, and Latinos make up 20% of prisons, but only 15% of the population. Low-income populations also have higher rates of incarceration then more others.

Although they are not often included in conversations about environmental justice, the US prison population mirrors other environmental justice communities in many ways especially in regards to discrimination, lack of political representation, lack of access to social services and economic marginalization. Minority and low-income individuals are disproportionately represented in prisons and therefore are disproportionately affected by inadequate prison conditions. Inmates in the US are further at risk due to their reliance on the state for protection and provision of basic needs, all while dealing with the chronic stress of prison life and lack of adequate health resources. Yet, despite this, the US continues to fail to recognize prison populations as environmental justice communities.

Unjust Prison Conditions

There are currently about 2.3 million individuals incarcerated in the US, including those who are awaiting trial, and all of those lives are affected by the inadequate prison conditions plaguing the US.

Pie Chart of US Incarceration — How Many People Are Locked Up in the United States?.
Source: Peter Wagner & Wendy Sawyer (2018) Mass Incarceration: The Whole Pie 2018, www.prisonpolicy.org

Prison conditions throughout the country have been so inadequate that courts have ruled that they violate the 8th Amendment, which prohibits cruel and unusual punishment. Many of these conditions are the result of environmental ills such as excessive heat or cold, exposure to asbestos, lack of drinkable water and exposure to toxic elements. Yet, while some cases have been won no national changes have been made and environmental injustice continues.

- Heat is the most common cause of weather-related death in the US and this is only expected to rise in the face of climate change. Since 2007, at least fourteen prisoners have died from heat-related symptoms in Texas state prisons, and that is only one state. In addition, there are no federally mandated laws on temperature control.

Some Medical Conditions Make People Especially Vulnerable to High Temperatures.
Source: Alexi Jones (2019) Cruel and unusual punishment: When states don’t provide air conditioning in prison, www.prisonpolicy.org
- In February, inmates in the Metropolitan Detention Center in Brooklyn, NY were stuck in freezing cells for a week as the temperature dropped to below freezing and heating became almost nonexistent.
- Prisons also fail to adequately prepare for extreme weather events. When Hurricane Katrina hit New Orleans in 2005 over 8,000 inmates were incarcerated at Orleans Parish Prison. Despite the mandatory evacuation, prisoners were forced to remain for several days in flooded cells, with a limited supply of food and drinking water and lack of basic sanitation. Similarly, prisoners were not evacuated from flood zones in Puerto Rico during Hurricane Maria.
- Both prisons and toxic sites are considered undesirable land use and therefore they are often placed in the same area with little to no regard for the health of inmates. 589 of 1,821 federal and state prisons exist within three miles of a Superfund site, with 134 being within one mile. These sites commonly contain toxins such as arsenic, lead, mercury, and polychlorinated biphenyls (PCB) and can cause extensive damage to human health.

Unjust Working Conditions

Prisoners are also vulnerable to numerous environmental ills in their work environments. The Thirteenth Amendment abolishes slavery “except as a punishment for crime” and under this ruling prisoners can be forced to work for no pay. Courts have also ruled that inmates do not have the right to refuse work and can be placed in disciplinary confinement for refusal. While only some states have refused any payment, most inmates make less than a dollar an hour. In addition, inmates are not protected by workplace health and safety regulations set by the Occupational Safety and Health Administration (OSHA) because they are not considered employees under the Fair Labor Standards Act (FLSA). In other words, there is no outside agency to hold prisons accountable for occupational safety, unless it is so extreme that is constitutes cruel and unusual punishment. Many work assignments deal with extremely toxic materials, such as e-waste and asbestos abatement, or inherently hazardous practices, such as firefighting, with little regard being given to inmate health.

Prison firefighters have received some attention of late due to the recent wildfires in California, with much of it focusing on the fact that they are poorly paid for such work and often cannot become firefighters after they are released. Another important aspect to examine is the physical toll firefighting takes. Inmates are eight times more likely to be injured while fighting fires than civilian firefighters, and the American Lung Association has warned of the negative health effects from continued exposure to particle pollution and carbon monoxide within forest fire smoke, among other hazardous air pollutants.

Responsibility of the State

Prisoners represent an incredibly vulnerable population, as they are completely reliant on the state, and therefore the state has a responsibility to protect prisoners from serious harm. The American Correctional Association’s (ACA) Declaration of Principles even recognizes the principle of ‘‘humanity’’ as being essential and states that ‘‘the dignity of individuals, the rights of all people and the potential for human growth and development must be respected’’. This is because people are sent to prison as punishment, not for punishment. The punishment for the crime is the length of incarceration.

Unsurprisingly, the stated principles of the ACA do not always manifest in reality. One such example took place in Louisiana. In 2016 the state made headlines when it was revealed that it spent more than $1 million of public funds on legal fees in an effort to defend its refusal to install air conditioning on death row at Angola prison. The cost to install the air conditioning and operate it would have been $225,000. The state has a responsibility to protect those in its care and it is failing to do so.

Why Bother?

Many may question why we should care about prisoners when many other communities are dealing with similar environmental injustices. Others may say that they should have thought about these things before they did the crimes and that prison is not supposed to be “easy”.

My response would be to watch Just Mercy and critically examine the “justness” of the criminal justice system. To borrow a quote from Professor Nick Hardwick, “If you’re going to defend the ordinary, everyday rights that all of us depend on as we go about our lives and live in peace and security, then actually you can’t risk sacrificing the principles on which those rights are based, even for people whose behaviour you disapprove of. Once you start saying that those rights are conditional for them, they are conditional for you too”.

Disclaimer: This article is not an endorsement of the concept that incarceration is a necessary evil nor is it a dismissal of the fact that an end to mass incarceration is the most effective way to address the injustices examined in this article.

The State of Incarceration in Alabama

Recently, I had the pleasure of attending the Organized Radical Collegiate Activism (ORCA) Conference organized by the UAB Social Justice Advocacy Council on January 24, 2020. Various important and interesting social justice issues were discussed and presented by talented UAB students throughout the day. The presentation that stood out the most to me was “The State of Incarceration in Alabama” by Eli and Bella Tylicki. The brother-and-sister duo did a great job bringing attention to a very important human rights issue right here in Alabama.

Eli Tylicki and Bella Tylicki Source: ORCA 2020

The presentation started out with some questions for the attendees, such as what they thought were their odds of getting incarcerated at some point in their life? After some interesting responses from the audience, the presenters revealed that White men have a 7% chance of getting incarcerated at least once in their life, Hispanic men 17%, and African American men have the highest (32%) chance. However, women account for only 7% of the U.S. prison population. It was also revealed that the cost to imprison one person for a year in the U.S. is $36,299.25, or $99.45 per day.

As compared to other developed countries such as Canada, Germany, France, Italy, and the U.K, the United States has the highest number of incarcerated people per 100,000 population, almost three times more than these countries. The United States makes up roughly 5% of the world’s population but holds about 25% of the world’s prisoners. Shockingly, 31 U.S. states also have higher incarceration rates than any country in the world, and Alabama is among the worst in the country. Alabama exceeds national averages in virtually every category measured by states and the federal government, making the state’s prison system one of the most violent in the nation.

Source: https://www.prisonpolicy.org/global/2018.html

Now the question arises, why is the state of incarceration in the U.S. uniquely outrageous, and why is Alabama among the worst in this aspect? Many factors are responsible for such staggering statistics, including our economy built on slavery, poverty, tradition-based culture, fear and insecurity, systemic racism, educational inequity, and punitive cultural attitudes just to name a few. Focusing on Alabama, the presenters showed that Alabama’s prisons were revealed to be the most crowded in the country in 2017, with the prison suicide rate being three times more and the homicide rate ten times more than the national average. On April 2, 2019, the U.S Department of Justice Report concluded that “there is reasonable cause to believe that the conditions in Alabama’s prisons for men violate the Eighth Amendment of the U.S. Constitution. The Department concluded that there is reasonable cause to believe that the men’s prisons fail to protect prisoners from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse and fail to provide prisoners with safe conditions.” Note that the Eighth Amendment of the U.S. Constitution prohibits the infliction of excessive, cruel, and unusual punishment.

The presenters then went on to show the various horrific accounts of prisoner violence, sexual abuse, homicide cases, and extreme physical injuries during a single week in 2017 as reported by the investigation. It was extremely shocking to learn about the various instances of such abuse and violence that took place in just a single week in our prisons. Those examples were used to illustrate the gravity of ongoing issues in state prisons and are not mentioned here due to their disturbing and triggering nature. Additionally, overcrowding and understaffing are some very important issues that contribute to the worsening situation of prisons in Alabama. According to the Alabama Department of Corrections (ADOC), the state houses approximately 16,327 prisoners in major correctional facilities which are designed to hold only 9,882. Moreover, prisons like Staton and Kilby hold almost three times the number of prisoners than their capacity. As for understaffing, Alabama’s prisons employ only 1,072 out of the 3,326 needed correctional officers according to ADOC’s staffing report from June 2018. It also reported that three prisons have fewer than 20% of the needed correctional officers. This illustrates the increased threat to the safety of both the staff and the prisoners in those facilities due to the lack of required personnel in case of an emergency.

The Department of Justice also reported the excessive number of deaths due to violent and deadly assault, high number of life-threatening injuries, unchecked extortions, illegal drugs, and the routinely inability to adequately protect prisoners even when officials have advance warning. The report also threatened a lawsuit within 49 days if the state does not show that it is correcting what is said to be a systemic failure to protect inmates from violence and sexual abuse.

In response, Alabama’s Governor Kay Ivey has proposed a public-private partnership to lease three “megaprisons” from a private firm as a solution to the understaffing and cost-ineffective conditions in state prisons. Department of Corrections Commissioner Jeff Dunn said that “we are convinced now more than ever before that consolidating our infrastructure down to three regional facilities and decommissioning the majority of our major facilities is the way to go.”

Bella and Eli Tylicki gave an overview of the potential pros and cons of the megaprison proposal. Some advantages may be that the upfront costs will be covered, and it may prove as a quick fix with less red tape (a reduction of bureaucratic obstacles to action). However, privatized prisons may lead to a decreased quality of life, is economically inefficient, and there is no change in cost for taxpayers. The Equal Justice Initiative explains how building new prisons will not solve the state’s prison crisis:

Alabama’s primary problems relate to management, staffing, poor classification, inadequate programming for incarcerated people, inadequate treatment programs, poor training, and officer retention. None of these problems will be solved by building new prisons, nor does a prison construction strategy respond to the imminent risk of harm to staff, incarcerated people, and the public.

Therefore, the presenters proposed an alternative to this solution in the form of decarceration and rehabilitation of prisoners. This aims at fixing overcrowding and understaffing, decreases the inside violence, and costs less for taxpayers. Additionally, there is no change in crime rate outside the prisons and rehabilitation leads toward GDP growth and a more productive society. Studies have shown that incarcerated people who participate in correctional education programs are less likely to recidivate and have a higher chance of finding employment when they are released. Plus, these valuable educational and rehabilitative programs cost the state nothing while having significant positive effects on successful re-entry of prisoners and protecting public safety. Of course, there will need to be more done other than just an emphasis on decarceration, such as fixing the infrastructure, improving healthcare, and incentivizing an increase in Correctional Officers. Low-cost reforms such as effective use of video surveillance cameras, implementation of an internal classification system, skilled management, and other basic management systems such as incident tracking systems, quality control, and corrective action review can result in significant improvements in conditions for both the staff and the prisoners. These low-cost reforms helped the nation’s worst women prison, the Tutwiler Prison for Women, become a model for reform.

The Tylickis ended their presentation with a call for action by urging the audience members to call their state representatives and senators to take responsible action, as they will be voting on this issue in the coming weeks. Additionally, they asked us to volunteer with reentry organizations and educate ourselves and others on the issue. Some initiatives that we can support include The Dannon Project, Alabama Appleseed, and the Equal Justice Initiative. We, as responsible and active citizens of this state, need to play our part in making our society safe, just, and productive for all.