Tuesday, November 1, 2022

Event 11/10: University of Miami Symposium on Food, Housing, and Racial Justice in the United States.

On November 10, 2022, the Human Rights Clinic and Program at the University of Miami School of Law, in collaboration with the Human Rights Society at the University of Miami School of Law, the National Right to Food Community of Practice, West Virginia University Center for Resilient Communities, and WhyHunger, present a Symposium on Food, Housing, and Racial Justice in the United States.

Deep reflection, innovative thinking, and joint strategizing with regards to hunger and food equity that put the needs and interests of communities of color at the center is urgent. The event will focus on human rights and racialized approaches to addressing hunger and related economic and social rights violations.

Drawing on efforts from Miami to cities and states around the U.S., the event will discuss:

  • Food insecurity
  • Food system governance
  • Access to land and housing
  • Role of local, state, and federal governments
  • Implementation of United Nations’ recommendations

This event will take place in person and will be available virtually from 10:00 AM - 5:00 PM EST, at the University of Miami School of Law. To register, visit here.  

November 1, 2022 in Race | Permalink | Comments (0)

Tuesday, October 18, 2022

Event 11/1: Can the United Nations Solve Racism? Symposium on the Global Anti-Racism Architecture of the UN

On Tuesday, November 1, 2022, from 5:30 – 7:30pm EST, join Fordham University School of Law’s Center on Race, Law, & Justice and Leitner Center for International Law and Justice for a discussion and reflection on the United Nations General Assembly’s session addressing racial discrimination, which will take place the day before. This event will be moderated by Gay McDougall, and the distinguished panelists include E. Tendayi Achiume, Gaynell Curry, Dominique Day, Justin Hansford, Justice Yvonne Mogkoro, and Verene Shepherd. The panelists will discuss anti-racism mechanisms of the UN and reflect on the new anti-racism architecture of the UN human rights system. Attendance for the event is available both in-person in Fordham Law’s McNally Amphitheater and online via Zoom Webinar.

To register for this event, click here.

October 18, 2022 in Discrimination, Global Human Rights, Race | Permalink | Comments (0)

Sunday, July 3, 2022

Protest Through Singing This Fourth of July

by Prof.  Margaret Drew, UMass Law School

 

Independence day has been significant primarily for the powerful minority group.  White Men.

BIPOC, LGBTQ+, women, and religiously oppressed and those oppressed by religion are waiting for their time.  Should these populations want a day that is meaningful for them, it may be that they will need to create their own.  Freedom Day would celebrate when the government and those with power and privilege leave women and others alone to control their own destinies. 

Freedom from oppressors is all that is asked.  That day will come.  United we will succeed.  Don't miss the opportunity to write, revisit or recreate protest songs.

You may be interested in listening to both an interview on protest songs and songs being written or re-written after the Dobbs decision. 

You may have heard Reina Del Cid's protest to the tune of My Country Tis of Thee.  An earlier version by W.E.B. Du Bois may be found here.

And for an indigenous protest song written during the 1960s listen to Buffy St. Marie. This is her anthem to decolonization, updated in 2017.  

 

 

 

 

 

July 3, 2022 in Equality, Gender Oppression, Indigenous People, Margaret Drew, Race | Permalink | Comments (0)

Sunday, June 27, 2021

New Article: Transnational Racial (In)Justice in Liberal Democratic Empire

E. Tendayi Achiume, Transnational Racial (In)Justice in Liberal Democratic Empire, 134 Harv. L. Rev. F. 378 (2021). Introduction excerpt below.

"On June 17, 2020, Philonise Floyd addressed the United Nations Human Rights Council, the United Nations’ paramount human rights body, demanding justice for the murder of his brother and the many other Black people who have been subject to the regime of racial extrajudicial killings endemic in the United States. His testimony was part of a remarkable “Urgent Debate” — an emergency special session of the Human Rights Council reserved for extreme human rights situations. We might think of this Urgent Debate as marking a pivotal global moment in the transnational racial justice uprising that coalesced under the banner “Black Lives Matter” during the northern hemisphere summer of 2020. This Urgent Debate was unprecedented for a number of reasons. It was the first triggered by a human rights situation in a, if not the, global hegemon of our time, the United States. It was also the first and only to date concerning a human rights crisis in a country widely considered a liberal democratic paragon, for which the global human rights receivership processes, implicitly associated with U.N. intervention, could not possibly be intended or appropriate, at least from the perspective of other liberal democratic countries and observers. And finally, it was the first and only explicitly framed as concerning systemic racial injustice and anti-Black racism in a First World nation-state."

 

 

June 27, 2021 in Books and articles, Discrimination, Race | Permalink | Comments (0)

Wednesday, April 21, 2021

Statement by UN High Commissioner for Human Rights Michelle Bachelet on guilty verdict in George Floyd case 

Geneva, 21 April 2021

“This is a momentous verdict. It is also a testament to the courage and perseverance of George Floyd’s family and many others in calling for justice. As the jury recognised, the evidence in this case was crystal clear. Any other result would have been a travesty of justice.

But for countless other victims of African descent and their families, in the United States and throughout the world, the fight for justice goes on. The battle to get cases of excessive force or killings by police before the courts, let alone win them, is far from over.

Impunity for crimes and human rights violations by law enforcement officers must end, and we need to see robust measures to prevent further arbitrary killings.  As we have painfully witnessed in recent days and weeks, reforms to policing departments across the US continue to be insufficient to stop people of African descent from being killed.  It is time to move on from talk of reform to truly rethinking policing as currently practised in the US and elsewhere.

This case has also helped reveal, perhaps more clearly than ever before, how much remains to be done to reverse the tide of systemic racism that permeates the lives of people of African descent. We need to move to whole-of-government and whole-of-society approaches that dismantle systemic racism.

I recognize that in the US important steps are being put in place with that end in mind. These efforts must accelerate and expand, and must not be diluted when the public focus moves elsewhere.

Now is also the time to critically examine the context in which George Floyd’s killing took place by revisiting the past, and examining its toxic traces in today’s society. The redesign of our future can only be through the full and equal participation of people of African descent, and in ways which transform their interactions with law enforcement, and, more broadly, in all aspects of their lives.

The entrenched legacy of discriminatory policies and systems, including the legacies of enslavement and transatlantic trade and the impact of colonialism, must be decisively uprooted in order to achieve racial justice and equality. If they are not, the verdict in this case will just be a passing moment when the stars aligned for justice, rather than a true turning point.”

Link to statement here.

April 21, 2021 in Criminal Justice, Discrimination, Lauren Bartlett, Race | Permalink | Comments (0)

Monday, September 7, 2020

Critical Race Theory and White Privilege Trainings No More

In an advancing his racial hate agenda, the President has ordered that critical race trainings be de-funded along with any trainings on White privilege.  In a memo, government employees were told:

"All agencies are directed to begin to identify all contracts or other agency spending related to any training on 'critical race theory,' 'white privilege,' or any other training or propaganda effort that teaches or suggests either (1) that the United States is an inherently racist or evil country or (2) that any race or ethnicity is inherently racist or evil."

Of course, neither training promotes the United States or any ethnicity as "evil".  Yet the President called the trainings "divisive, anti-American propaganda".

Federal employees "should begin to identify all available avenues within the law to cancel any such contracts and/or to divert Federal dollars away from these un-American propaganda training sessions."

Jeffrey Toobin has warned that if Trump is re-elected the second term will make these past four years look like constitutional compliance.  Scary to think what the substitute trainings will include.

 

September 7, 2020 in Margaret Drew, Race | Permalink | Comments (1)

Thursday, July 30, 2020

Redeeming the Soul of Our Nation

Image1Congressman John Lewis' funeral was held on July 30th. The Congressman left a powerful letter to the nation to be published by the New York Times. While many eulogized Mr. Lewis at his funeral, Mr. Lewis himself remains the most eloquent about his life and his goals.

Mr. Lewis was an extraordinary man by all measure.  And in his letter he left us instructions for carrying on.  In part, Mr. Lewis' instructs us:  "Though I am gone, I urge you to answer the highest calling of your heart, and stand up for what you truly believe."  We urge you to read the entire letter.

Though I am gone, I urge you to
answer the highest calling of your heart and stand up for what you truly believe.

Though I am gone, I urge you to
answer the highest calling of your heart and stand up for what you truly believe.

July 30, 2020 in Civil Rights, Race | Permalink | Comments (0)

Monday, July 27, 2020

The Arc Is Bending

By Co-Editor Prof. Justine Dunlap, UMass Law School

Image1Do you hear it? Strain, pause, listen, and rejoice. It’s obscured by much noise and tumult but the arc of the moral universe bent a little more towards justice last week. The U.S. Senate voted 86 to 14 on July 23rd to change the names of U.S. military bases that were named after confederate officers. The House of Representatives had already and predictably passed its equivalent, although the Senate bill gives the military three years to do this, juxtaposed to the House’s one year. The details will be worked out, but it’s a veto-proof vote.

This vote comes shortly after the Secretary of Defense banned the display of the confederate flag on military bases, albeit in a round-about manner. And on June 30th, the Republican Governor of Mississippi decommissioned its state flag, which incorporated the Confederate Flag within its design. Citizens of the state will vote on a new flag design in November.

Yes, it’s telling, demoralizing, and unjust that it has taken so long. And the arc’s movement is the result of those who are and have been drum majors for justice; those who have persevered and remained steadfast and optimistic (thank you Congressman John Lewis). And yet it remains a surprising delight that 86 members of today’s polarized Senate voted in favor. A miracle, perhaps. Or just the arc bending a little bit towards justice.

July 27, 2020 in Justine Dunlap, Military, Race | Permalink | Comments (1)

Wednesday, July 22, 2020

Is Systemic Racism Entirely Systemic?

It would be difficult  indeed to deny systemic racism in our public institutions, particularly our legal ones.  This realization for some seems overwhelming, making it difficult for them  know where to begin.

Envisioning our legal systems as huge and unmovable machines incapable of stopping reinforces helplessness. What is denied in that assessment is that our legal system is populated by individuals and supported by individual citizens who passively accept the policies of racism embedded in our culture.  

Local elections of district attorneys and in many jurisdictions, judges, are under the control of  individual citizens.  We determine leadership of the courts and in prosecutions.  In deciding through elections who that leadership will be, we decide what the policies and institutional culture will be.  Philadelphia's citizens took control and elected District Attorney Larry Krasner. Mr. Krasner examined racist policies and took measures toward eliminating systemic bias. This included holding biased and violent police officers accountable.  Mr. Krasner announced today that he intends to arrest any federal agents sent to Philadelphia by the President who behave as they did in Portland- kidnapping protesters.

For those who do not have direct experience with our legal systems, apathy might be the response to local elections of judges, court clerks and prosecuting attorneys.  As we have heard as part of BLM, silence is violence.  Scrutiny of candidates' policy agenda is critical.  No election is too local to fail to scrutinize the bias of candidates and their willingness to "go along" with the status quo.  Voting apathy is not acceptable.   We must be mindful that each elected official reflects our individual and community values.  Bias in all forms can be addressed.   

 

 

 

July 22, 2020 in Books and articles, Margaret Drew, Race | Permalink | Comments (0)

Monday, June 22, 2020

"Get Your Knees Off Our Necks"

Law professors and moviegoers may associate the phrase "Get your feet off our necks" with Justice Ruth Bader Ginsberg.  In both the documentary "RBG" and the movie "On the Basis of Sex" we hear Justice Ginsberg say "I ask no favor for my sex; all I ask of our brethren is that they take their feet off our necks."  Many readers may not appreciate that Justice Ginsberg was quoting Sarah Grimke, a 19th century southern abolitionist who relocated to Philadelphia along with her sister, Angelina.  Following the end of the Civil War, Ms. Grimke turned her attention to feminist issues.  In that context, she said: "But I ask no favors for my sex. I surrender not our claim to equality. All I ask of our brethren is, that they will take their feet from off our necks, and permit us to stand upright …”

The current demonstrators incorporated the slogan substituting "knees" for "feet".  Appropriately so.  While the Grimke sisters were dedicated abolitionists, who themselves were criticized and threatened, they did not promote equality between Blacks and Whites.  Paraphrasing Sarah's statement expands the work of the Grimke sisters.  The revised phrase is apt.  Not only does the Floyd video show the perpetrator's knee as the deadly weapon, but more reports have surfaced supporting that police have used the same deadly technique on other black people.  

Demonstrators using the paraphrased words of Sarah Grimke to reflect current reality may finish what the abolitionists left undone.  Enslaved people were legally freed but then the law was used to continue their enslavement in different forms.  Equality and equity were never achieved.  Now is the time to make this right.

June 22, 2020 in Equality, Margaret Drew, Race | Permalink | Comments (0)

Sunday, June 21, 2020

The UN Makes Unprecedented Response to George Floyd’s Murder

Editors' Note:  We continue our symposium in the aftermath of Mr. Floyd's death with this post on the United Nation's response.

By Guest Contributor Prof. Gay McDougall

Senior Fellow and Distinguished Scholar-in-Residence
Leitner Center for International Law and Justice/Center for Race, Law and Justice
Fordham University School of Law

Former Vice Chair, UN Committee on the Elimination of Racial Discrimination 

Former UN Special Rapporteur on Minorities



Image1This week governments and civil society around the world joined forces to pressure the UN to adopt a resolution responding to the murder of George Floyd and other unarmed African Americans.  The resolution passed on June 19th, 2020, celebrated by Black Americans as the day of emancipation from enslavement, was historic in many ways and in some ways disappointing. 

The original draft that was introduced by the African Group at the UN Human Rights Council in Geneva, was a response to a letter from the families of George Floyd, Breonna Taylor, Michael Brown, and Philando Castile, together with Black Lives Matter, the NAACP and over 670 rights groups led by the American Civil Liberties Union, the U.S. Human Rights Network, and myself as Senior Advisor, wrote a Coalition Letter to the United Nations Human Rights Council appealing that it swiftly convene a special session to investigate the escalating situation of police violence and repression of protests in the United States.

“Mamie Till Mobley made a decision to open the casket of her son Emmett Till so the world could see the atrocities Black people faced in America. I want people across the world and the leaders in the United Nations to see the video of my brother George Floyd, to listen to his cry for help, and I want them to answer his cry,” said Philonise Floyd, brother of George Floyd. “I appeal to the United Nations to help him. Help me. Help us. Help Black men and women in America.”

The Coalition Letter warned of an “unfolding grave human rights crisis” in the United States and describes the recent police killings of unarmed Black people as well as police use of excessive force to suppress protests as violations of United States obligations under international law. It called on the U.N. to mandate an independent inquiry into the killings and violent law enforcement responses to protests, including the attacks against protesters and journalists. The letter also calls for a U.N. investigation into President Trump’s order that maximum force be used.

“We are greatly concerned that rather than using his position to serve as a force for calm and unity, President Trump has chosen to weaponize the tensions through his rhetoric, evidenced by his promise to seize authority from Governors who fail to take the most extreme tactics against protestors and to deploy federal armed forces against protestors (an action which would be of questionable legality).”

“Our greatest concern is that the violence and counter-violence are diverting the gaze of the global community away from the pain being expressed by a nation in mourning over the callous manner of the 8 minutes and 46 seconds that ended George Floyd’s life while a group of police stood and watched, about the death of more than 100,000 souls from the coronavirus – disproportionately killing Black, Brown and Indigenous people – and about how injustice never ends and equality never comes. There is serious concern that the tear gas and police-induced havoc will obscure the legitimate passion of these demonstrations. The voices of the demonstrators must be heard. Their demand is that the endemic racism, hatred, fear and disparity finally be confronted.”

The call for a meaningful response from the UN Human Rights Council was joined by other human rights officials: United Nations Secretary-General António Guterres stated that “we need to raise our voices against all expressions of racism and instances of racist behavior.” The UN High Commissioner on Human Rights Michelle Bachelet, called for serious action to halt US police killings of unarmed African Americans and a Joint statement by 45 Special Procedures Experts of the HR Council said “[t]he uprising nationally is a protest against systemic racism that produces state-sponsored racial violence, and licenses impunity for this violence.”

The CERD Committee issued a very strong statement under its Early Warning and Urgent Action Procedures expressing grave concern over the “horrific killing of George Floyd” and calls for accountability and immediate and appropriate reforms aimed at eliminating racially disparate impacts or structural discrimination in the police and the criminal justice system.

In a joint OpEd signed by all the Under-Secretary Generals of the UN, they committed to take effective actions that will go beyond words.

And the African Group (which represents 54 UN Member States from the African continent) requested an “urgent debate” during the Human Rights Council session “on the current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest.”

In an unprecedented move, the Human Rights Council session began with a video appeal from the Special Rapporteur on Racism, Tendayi Achi---, that broke with all traditions of diplomatic double-speak in challenging the Council to not miss this chance to be on the right side of history. That was followed by an impassioned appeal by video from the brother of George Floyd.

As negotiations started on the strong draft resolution submitted by the African Group, it became clear that we were up against formidable headwinds. We were told that representatives of the US were “bullying” delegates: for example, threatening to impact the foreign assistance to their countries unless all references to the US is deleted along with the call for the establishment of a commission of inquiry—even demanding the name of George Floyd be deleted. Over the next few days, the forces against us succeeded in watering down the resolution until only its bare bones remained. 

Still, the final resolution calls on the High Commissioner to prepare a comprehensive report on systematic racism, policing practices such as that led to the killing of George Floyd, violence against protesters, and related incidents globally.  This is a significant step forward in a continuing struggle.

June 21, 2020 in Race, United Nations | Permalink | Comments (1)

Thursday, June 18, 2020

Juneteenth

Editors' Note: Continuing our symposium on Black Lives Matter, we publish this post for Juneteenth

By Co-Editor Prof. Justine Dunlap, UMass Law School

Image1In the 7-10 days before Juneteenth, it has gotten a good deal of attention. For this increased awareness, we have President Trump’s scheduler to thank. That person initially selected this date for Trump’s first height-of-Covid rally in Tulsa, OK.  This choice was particularly problematic because of the Tulsa race massacre that killed many black people in the affluent black neighborhood of Greenwood in Tulsa in 1921.

Much outcry ensued over this scheduled event and now a lot more white people know a lot more about Juneteenth, the real emancipation day for enslaved African-Americans. It occurred on June 19th, 1865, when news of Lincoln’s January 1863 Emancipation Proclamation reached and was read to enslaved people in Galveston, Texas. Many of us, regardless of race, had been taught that Lincoln’s document did the trick, with an occasional hint that there were some problems with that interpretation of history. Imagine being free but not being informed of that freedom for 2 & ½ years.

Once celebrated officially primarily in Texas, Juneteenth is an official state holiday in 46 states and is celebrated by parades and other festivities befitting a joyous day of independence.  Juneteenth.com contains much information about this critical yet under-celebrated day.  Spend some time today exploring it. It also contains the poem below by Kristina Kay Robinson.

We Rose”

From Africa’s heart, we rose

Already a people, our faces ebon, our bodies lean,

We rose

Skills of art, life, beauty and family
Crushed by forces we knew nothing of, we rose

Survive we must, we did,
We rose

We rose to be you, we rose to be me,
Above everything expected, we rose

To become the knowledge we never knew,
We rose

Dream, we did
Act we must

June 18, 2020 in Civil Rights, Justine Dunlap, Race | Permalink | Comments (0)

Wednesday, June 17, 2020

Toward a New Economic and Social Contract – Lessons from History

Editor's Note: Continuing with our symposium on racial injustice, Gerard Quinn brings us this comparative perspective. Professor Quinn is Raoul Wallenberg Chair of Human Rights and Humanitarian Law.

Image1Pinning someone to the ground until their life expires is hardly a model for good community policing.  There is something universally repulsive in such a gratuitous act of violence.  All right-thinking people everywhere in the world recoil from it.  

But violence takes many shapes.  To a certain extent, the violent death experienced by our brother George is just the tip of the iceberg.  That is why the clamour for change includes but goes far beyond policing.  In truth, George is the latest victim of a deeper malaise that has so far defied meaningful change.

The malaise I speak of has to do with deep structural economic violence based on race.  It can and does reach across the generations and leave a lasting imprint over time.  The missteps of the past never really go away.  They are literally encoded and embodied in how people experience their own lives.  

Sometimes it is important to stand back from the familiar to assess what might have been -and what still might be with sufficient political will.  The many badges of inferiority inserted into the Constitution, and implied into by it by wayward courts, were always strikingly at odds with the philosophy of the Revolution – the inherent equality of mankind.  Franklin was acutely aware of the contradiction from the very beginning.  What held it in place was the burgeoning economic system and the dependency of the South on cotton and the exploited labour of people of colour.  The growing clamour to make ‘freedom national’ came from the move toward ‘free soil and free labour’ – an effort to deconstruct the economic models of the 1860s and to turn toward a much more radical (though classically conservative) free market model.  Even before anyone heard the name Hayek, a link was being drawn between economic freedom and political liberation.  

A crucial moment came and went.  Toward the end of the Civil War there was a clamour to break up the landed estates (plantations) and distribute the land to those who toiled in the fields (‘forty acres and a mule’).  This was no less a call to end the economic system that sustained slavery in the first place and to replace it with a system that assured some measure of basic income and employment – and the independence that normally goes with that.  Some estates were broken up.  But the process was thrown into sharp reverse once Andrew Johnson assumed the Presidency.  The cruelty of throwing people out of the land they had only just acquired must have been extremely painful.

Things could have been quite different.  At around same time (1860s-1890s) Britain dealt with a similar problem quite differently.  Ireland suffered a massive famine in the late 1840s.  The famine was not due primarily to a lack of food on the island. Food was plentiful – but the Government insisted that it be exported.  A laissez faire policy was followed regardless of its callous impact on the majority of the people who worked the land.  Mass children’s graveyards can still be seen in my neighbourhood as a result.  Most of the land was held in large estates.  The people were treated no better than legal serfs.  Over time – and due to the franchise (limited though it was) pressure grew on the British Government to break up the big estates, compensate the landowners and distribute the land to those who worked in the fields.  This was done through a series of Land Acts in the 1870s – at exactly the same time that former slaves in the US were being forced back onto the land in dire circumstances. 

Of course, this was never going to be enough to halt the clamour for political independence in Ireland.  But this act by the British set in train (admittedly over time) a positive dynamic of change that has been largely absent for former slaves in the US.  First of all, a system of national primary education (i.e., not funded by the local tax base) meant that every child could dream big and was encouraged to do so.  Secondly, a stern commitment to universal suffrage meant there was no room for suppression of the vote.  Third, the social model was changed from the odious Poor Law which stigmatised and blamed the poor for their own situation.  Last, the policing system was re-designed to be as close to the community as possible (and crucially unarmed).

The moral of the story:  Civil and political rights need to be respected.  But they depend on economic and social justice to give them reality.   The failure to break up the plantations and distribute the land in the aftermath of the Civil War was a culpable disaster.   As the British showed in Ireland it could have worked – or at least provided a foundation for further development.  A new economic and social contract is now urgently needed partly to compensate for the past and to build a more inclusive future.”

June 17, 2020 in Race, social justice | Permalink | Comments (0)

Tuesday, June 16, 2020

George Floyd's Human Rights

Editors' Note:  Prof. Jeff Baker sends this post from Pepperdine's Caruso Law School, reflecting on Mr. Floyd's human rights.


Image1The murder of George Floyd is a moral outrage that violated his human rights. Like countless Black people before him, a state agent summarily and brutally executed Mr. Floyd with no legal justification, due process, or expectation of accountability. The police officer, knowing he was on camera, acted with supreme confidence that he had the power to kill a Black man in the street. 

Americans often discuss human rights abuses as events that happen elsewhere. We are apt to discuss civil rights at home, even while we’re quick to critique other nations’ human rights abuses. This may be due to convictions about sovereignty, suspicions about international organizations, or an assumed moral superiority, but I suspect we do not look to human rights principles because we have made sure our international human rights obligations are rarely legally operable. That is, the U.S. has not consented to meaningful enforcement of international human rights laws. We have chosen to trust ourselves and to reject accountability outside our vaunted sovereignty.

Human rights arise from ineffable conscience that transcends positive law, but human rights laws codify some of those ideals in operable language. The U.S. has signed and ratified a few conventions that create international human rights law, so by ratifying them, the conventions become part of the constitutional, supreme law of the land. Notwithstanding weak enforcement mechanisms, they are law, so the U.S. must reckon with its obligations.

The Universal Declaration of Human Rights founds modern iterations of human rights on a bedrock: “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.” Every convention enumerating human rights builds on this precept, including the Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment or Punishment, ratified by the U.S. in 1994.

Under the Convention, torture means “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person . . . punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official. . . “

The state obligation is “to take effective legislative, administrative, judicial or other measures to prevent acts of torture.” “Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel . . .  who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.”

These rights are non-derogable, and “[s]tates parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. . . .”

Did the Minneapolis Police violate the Convention? Have our governments done enough to eradicate torture and ill-treatment by public officials?

For nearly nine minutes after being restrained in handcuffs, a uniformed police officer ground George Floyd into the asphalt, even as Mr. Floyd begged for his life, gasped for air, called out for his mother, and stopped breathing and moving. The State of Minnesota charged the police officer with murder and the attending officers with related crimes, but, by these officers’ actions, the State very likely violated human rights law against ill-treatment. Per the Convention:

States bear international responsibility for the acts and omissions of their officials. . .  acting on behalf of the State, in conjunction with the State, under its direction or control, or otherwise under colour of law. Accordingly, each State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control. . . .

These abuses are common in our history, certainly no mystery to Black people. As social media and smart phones force all of us to bear witness, again and anew, they shock our collective conscience because these murders by state actors are affronts to indispensable human dignity. They always have been, but now we cannot look away, diminish or evade our collective burden to confront and eliminate them.

The state obligation is the people’s obligation. Because formal enforcement of international human rights laws is so weak, the bulwarks for human dignity are our democracy, politics, and the conscience of our people. Our governments must protect human rights. If we remain a self-governing republic, then we all bear a profound obligation to vote, speak, and govern to defend the inherent dignity of every person.   

June 16, 2020 in Global Human Rights, Race | Permalink | Comments (0)

Sunday, June 14, 2020

Reflecting on our Role as a University of Minnesota Human-Rights Community

Editors' Note:  In our continuing symposium we hear from Minnesota through a Human Rights framework.

By guest blogger Amanda Lyons  

Executive Director at the Human Rights Center, University of Minnesota Law School



                                                                    Image1


In Minnesota we find ourselves grieving and challenged by yet another horrific act of racialized state violence. In the fallout, our “Minnesota Paradox” has been dramatically exposed to the world. The voice and clarity of racial-justice advocates in our community, and the incredible groundswell of support, compels us to take greater action to live up to our human-rights identity and ideals.

Out of a desire to speak out with a shared voice, the University of Minnesota Human Rights Lab published a brief statement to condemn the killing of George Floyd, to denounce the pervasive racial inequalities in our community, and to call for a rights-based response at all levels. We sought signatures from our community of 80+ human-rights faculty across campus, and the statement swiftly received over 4,000 endorsements system-wide.

In response, an alumnus shared that as a member of the Black American Law Student Association (BALSA) in the early 1980s he had worked with Prof. David Weissbrodt to research and report on the racist killings of black people by the police in the U.S. They made two submission to the U.N. Subcommission on the Prevention of Discrimination and Protection of Minorities (in 1982 and 1983) and elicited a formal response from the U.S. government.

At first I was moved by this pioneering “human rights at home” work as a testament to the University of Minnesota’s long legacy of inspiring and preparing students to engage with international human rights to advance individual rights and social justice. But it is devastating to acknowledge that nearly 40 years later, our 2020 Black Law Students Association has to lead on the same issue.

Despite the intractability of these injustices, it does seem that in this unique moment and confluence of events, the movements have created an opening for real change. Amidst the grief and turmoil here in Minneapolis, we are seeing the uprising, outpouring, and activism lead to unprecedented institutional steps:

The day after George Floyd was killed University of Minnesota student body president, Jael Kerandi, demanded that the University cut ties with the MPD and called for a response by University leadership within 24 hours. The next day University President Joan Gabel shocked many by announcing the University was taking immediate steps to change its relationship with the MPD and would no longer contract for additional law enforcement support. Many welcomed the announcement as a sign of bold leadership and a building block for real change.

Since then, prominent Minneapolis cultural institutions have also pledged to cut ties with the MPD, including the Minnesota Orchestra, Minneapolis Institute of Art, Walker Art Museum, and beloved First Avenue, which said it will “instead work with local organizations who represent our community, and who will protect and affirm Black and Brown lives.”

These steps reflect and contribute to the growing support for reallocating funding away from policing and into services and models designed to respect and promote human rights, address root causes, and take on systemic disparities. The recent statement led by UN Special Rapporteur on Racism, Prof. Tendayi Achiume lays out the strong human-rights underpinnings for this call, as do our friends at the Minneapolis-based Advocates for Human Rights.

Despite our history of racialized police violence here in Minnesota, including the killing of Philando Castile, there has never been such a resounding demand for change. Until just a few weeks (or even days) ago, calls to radically alter our relationship with the police and policing were unimaginable for most.

We see the importance to act as a University human-rights community in support of these historic efforts to advance racial and social justice in our state and country. We are committed to advocating human-rights values in our own institution and to pushing on questions of legacy and building names, diversity and equity, and the role for the University in advancing human rights in our state. In the face of a toxic national climate of violence and bigotry, the vision, energy, anger, and leadership of our students (like many before them) compels us to see the chance of real change where we thought impossible.

June 14, 2020 in Ethnicity, Global Human Rights, Race | Permalink | Comments (0)

Thursday, June 11, 2020

A Love Letter To The Protesters

Editors' Note:  In our ongoing series on the impact of George Floyd's death, we post a perspective from Europe.

By guest blogger, Michael McEachrane

Visiting Researcher at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law

Image1Dear Protesters,

I love you all. I could never have imagined that protests against systemic racism of this magnitude would erupt during my lifetime and not only in the US, but here in Europe and across the world. Last time, just a few years ago, bigots and confused individuals wanted to dismiss #BlackLivesMatter with propositions that “all lives matter”—as if morally, politically and legally that was not precisely the point. However, this time it is different. I see young Black people taking the lead as they should, but also that the crowds of protesters seem very mixed, include many white protesters and now in every corner of the world. As if to say that these issues should concern us all and are about what kind of societies and world we want to see. “No justice, no peace!” Indeed, indeed. I’m delighted that hundreds of thousands of you are recognizing that systemic racism is real, has a long history (toppling the statue of “slave trader” Edward Colston in Bristol and throwing it in the river was a clear statement of this) and that our societies are in grave need of transformation if they are to be based on principles of human dignity, equality and non-discrimination.

However, dear protesters, I also have one concern with these mass protests. And it is not the display of police brutality, even against peaceful protests. Nor the occasional looting of even small businesses. My greatest concern is that these massive pandemic defying and awe inspiring displays of solidarity for racial and social justice, eventually will blow over without a trace and merely leave a sweet (maybe even, with the passing of time, bitter-sweet) memory of unrealized potential.

Dear protesters, I’m praying that policy- and law-makers across the world will heed your urgent calls for reform. However, judging from the many past protests in developed countries in recent decades that have come and gone without a trace of substantial change, I’m not hopeful. I do not mean to put down what you are doing or to burden you in any way, still, the crux of the matter is that it seems to be mostly up to you protesters and activists to find creative ways of translating your protesting into policy-making, reform and institutional transformation. At the end of the day, without such translation, your massive protests in all their grandeur, expressiveness and beauty of spirit, may amount to little if anything at all.

Dear protesters, as much as I love you and what you’re doing, this worries me.

A related concern is that these protests will end up merely being an insignificant ripple on the surface of a sea of historically amassed racial injustices and inequities within societies in the “New World” across the Americas, throughout the developed world, including Europe, New Zeeland and Australia as well as between developed and developing countries in the organization of the global economy, who produces what, how, for who’s consumption and profit and to whose environmental costs, who-owes-who-what-and-why, the lack of democracy at the United Nations, the World Trade Organization, World bank and International Monetary Fund, who has the greatest freedom of movement in the world and who the least, who has the most access to resources, human rights, freedom from want, education, health care and so on.

Dear protesters, I’m hoping that as many of us as possible will find it in us to take your calls as a wakeup-call for the extensive work that needs to be done to create social and international orders that truly “leaves no one behind” and are guided by a sustained, thorough, meticulous care for the dignity of the human person without distinction or discrimination.

June 11, 2020 in Race | Permalink | Comments (0)

Wednesday, June 10, 2020

Dialogue Rather Than Danger

by Co-Editor, Prof. Jeremiah Ho, UMass Law School

Image1One lucid memory from my Southern California childhood was that of watching from our family living room the live TV newscasts of civil unrest in the days following the verdict of the first Rodney King beating case.  Koreatown and South Los Angeles stretched some considerable, and yet short miles west from where we lived in the valley.  So out of an abundance of caution, school was cancelled during the Los Angeles riots, and my younger sister and I, both in junior high school then, were under strict parental orders to stay indoors at home.  The endless news footage of revolt-turned-rampage became the regular daytime programming we absorbed continuously from our living room couch during those stay-at-home days.  We watched with our homework laid out on our laps and with questions of whether such violence might end up at our doorsteps superstitiously suppressed within our imaginations. 

Twenty-eight years later, while still sitting on the edge of the same living room couch that my parents have kept in our living room since the 1990's, and locked down in the same house during these new stay-at-home days, I viewed with eerie, heightened familiarity as an incident of police brutality and racial violence then resulted into days of outrage, protest, fire, and destruction that spread not only to the streets of Los Angeles but worldwide as well.  I blinked in 1992, and now decades later, my eyes open only to pick up watching the same live narrative.  The single patently obvious distinction seemed to be that these images of urban fire, ruin, and anger were now unfolding from the digital tablet on my lap.   

In the immediate days after the L.A. Riots, Rodney King wearily pled for peace on television by asking, “Can we all get along.”  He exhorted this sentiment after having been beaten on the side of a freeway in 1991, after watching the officers who had assaulted him dodge criminality in the first trial, after the fires in the city were finally smoldering down.  After Mr. King died in 2012, that famous question was set on his grave.  In raised metallic, all-cap letters, “Can we all get along” was bonded distinctly without a question mark at the very bottom of his gravestone plaque, deliberately rhetorical and open-ended, reminding us specifically of what Mr. King imposed upon our humanity in his televised soundbite.  Without the interrogative punctuation, “Can we all get along” also seems, in a disembodied way, to urge us imperatively to grasp for unity in our current world.  In 2020, that question (or directive) is being implored from a lonely grave in a Hollywood Hills cemetery to a world alive with (or dying from) vast income inequality, tribalist politics, alternative facts, social media hate-mongering, and selfish individualism.  I want to believe in a hopeful answer to Mr. King’s question.  I want to believe that the affirmative is possible.  

In order to get to that affirmative, we must first demand that the brutality against African-Americans and other people of color, as exemplified in the past and present incidents of Rodney King, George Floyd, and many others, was wrong and must end.  Racism and racial violence nullify a just and equal society.  From the unrecorded deaths of millions of enslaved people in our common history to the horrific lynching of African-American men during the 19th and early 20th centuries, we’ve had enough.  The riots I watched as a child in 1992 was not the first for Los Angeles.  Had I been alive in 1965, I would have witnessed the Watts Riots, an incident of civil unrest that also began with a police stop of a black man that went awry. 

And while we’re demanding an end to racial violence and overt acts of racism, we must also confront deeper obstacles keeping us from fully getting along.  At this juncture, the brutal conversation about white supremacy fueled by privilege must finally arise, even if it feels uncomfortable (as it should), even if it chokes us for the moment (unlike George Floyd or Eric Garner, we’ll survive, I promise).  A few days after George Floyd’s death, the heated Central Park exchange between Amy Cooper and Christian Cooper illustrates just how our racial tensions and inequality are multi-layered.  And so we must arrive at finding fault with the more subtle and entrenched ways our society disregards and devalues people based on differences such as skin color, gender, sexual preference, national origin, disability, income, class and the like—a practice so habitually pernicious that it is, in fact, institutional, structural, and systemic. 

In terms of race, white supremacy is not defined solely by deplorable acts of racial dominance and hatred that extremist groups such as the KKK exert against different people.  It also exists subtly in the deep-seated, privileged determination for a white person to not have to see color, and thus permitting the default norms of racial hierarchy to provide cover for that choice—to afford protection under the shield of plausible deniability that, for example, using the phrase “color-blind” seem to convey about a so-called tactic of egalitarian political correctness.  What actually happens when we purport not to see color under this paradigm?  More likely than not, we unconsciously dial our attention back to seeing the way things ought to be from the vantage point of whiteness because that has been the default normative perspective all along.  That’s what the plausible deniability is protecting: that we do end up seeing color and that color is white.  At heart, this is the innocent presumption of whiteness—the benefit of the doubt­ that society would have been more prone to bestow upon Amy Cooper had she falsely cried harassment against Christian Cooper in Central Park and had no contradicting smartphone video existed to protect him.

The same plausible deniability can also attempt to justify a white person’s choices to see color when it conveniently serves a purpose.  Ignorance cannot be blissful here.  It’s not enough to black out your Facebook or Instagram profile photo for Black-Out Tuesday only to replace it the following Wednesday morning with a selfie because the short-lived moment of respect and acknowledgement for the cause has appeared to have metabolized and you think you’ve done your part for racial justice.  As long as race construction continues to separate us, the ability to choose when to see color only reflects the privilege that veils and obscures deep insensitivity.  Until we abolish race construction in our politics, every day ought to be a Black-Out Day.  True virtue here can’t be earned through social media gesturing or other comparable shallowness, but rather through actively sustaining works of contrition and alliance by continually understanding our biases and confronting them before we again consciously or unconsciously marginalize based on race. 

As it is turning out, the fiery images from last week’s initial street violence isn’t repeating of the riots saga of 1992.  This time, it’s a little different.  Across the country, the numerous and widespread rallies that have outlasted the store-front wreckage and fire-bombed cars signal that it might not be danger that has arrived at our doorsteps, but dialogue and acknowledgement about race, including the subtleties of privilege that contribute to racial disparity and white supremacy.   Together, we must learn how to unravel these nuanced forms of racism so that we can all finally give Mr. King, and ourselves, an overdue response.      

June 10, 2020 in Jeremiah Ho, Race | Permalink | Comments (0)

Sunday, June 7, 2020

Cornell's BLSA Statement on Racial Murders

Editors' Note: In the coming days, we will be publishing an on-line Symposium of responses to the death of Mr. George Floyd.  We begin with this statement from Cornell's Black Law Student  Association:

Statement by the Black Law Students Association of Cornell Law School (Guest Post)

 

Cornell Law School’s Black Law Students Association (BLSA) stands with the families of George Floyd, Breonna Taylor, Tony McDade, and Ahmaud Arbery. We give honor to their memories and to the memories of countless others who have been unjustly taken from this world, whether we know their names or not. We extend our heartfelt condolences to their loved ones and acknowledge that the people they have lost are more than a hashtag.  

 Black people are in a unique position today, facing both the brunt of the COVID-19 pandemic and the unrelenting violence against our brothers and sisters all across the country. In the last month, we have seen videos of Ahmaud Arbery’s and George Floyd’s murders. We have seen reports of Breonna Taylor’s and Tony McDade’s murders. This trauma is incessant in the age of social media and more than any community should have to bear.  

 While we continue to grieve Mr. Floyd and others, we are reminded that murders like his are the result of centuries of injustice and oppression – of this country’s refusal to address and change its longstanding practice of anti-Blackness. More often than not, senseless killings by police result only in superficial reprimand that falls short of addressing the underlying problems that support a racist system. To be sure, true justice does not stop at an arrest – true justice requires that we reexamine the structural inequities that continuously exclude and actively oppress Black and brown people. 

 Many of us applied to law school hoping to make a difference, to be an ally. As lawyers in the majority, many of you will have access to spaces and tables that your Black counterparts will not. When the time comes, it will be important for you to remember this moment – remember your responsibility as movers and shakers in our justice system. Remember that your Black friends will continue to mourn long after this country has forgotten why we were protesting to begin with. We bear the burden of constantly burying our brothers and sisters and ask that you stand next to us as we endeavor to dismantle the system of oppression. 

Do not be complicit in the deaths of Black people. Have those tough conversations with your family, friends, co-workers, and fellow students. Do not shy away from the fact that both police officers and civilians are continuously allowed to use lethal force and violence against Black people. To remain silent – to remain neutral – is to side with our oppressors. Your silence is violence. Publicly demand equality, justice, and safety for us.

 For those who are anxious to learn more about their role in this fight, please consider the resources below: 

 An Antiracist Reading List – “By not running from the books that pain us, we can allow them to transform us. I ran from antiracist books most of my life. But now I can’t stop running after them – scrutinizing myself and my society, and in the process changing both.” – Ibram X. Kendi

 Don’t Let the Loud Bigots Distract You – “We believed that our country had become less racist, because we were not as brazen as we once were.”

Reach out to your Congress members to find out how your tax dollars are being used to maintain violent police tactics and to inquire about tangible changes to policing policies in your communities. 

 George Floyd mattered. 

Ahmaud Arbery mattered. 

Breonna Taylor mattered. 

Tony McDade mattered. 

Nina Pop mattered. 

Atatiana Jefferson mattered. 

Renisha McBride mattered.

Alton Sterling mattered. 

Mike Brown mattered. 

Tamir Rice mattered. 

Trayvon Martin mattered. 

Oscar Grant mattered. 

Philando Castille mattered. 

Sandra Bland mattered.

Eric Garner mattered. 

Freddie Gray mattered.

Martin Luther King Jr. mattered. 

Malcolm X mattered.

Emmett Till mattered. 

 

Black Lives Matter.

June 7, 2020 in Race | Permalink | Comments (0)

Monday, June 1, 2020

White People: Why Is The World Still Spinning?

George Floyd died on May 25, 2020.  Mr. Floyd died because a police officer decided to kill him by cutting off his blood and air supply with the officer's knee. Mr. Floyd left a six-year old daughter.  He had moved to Minneapolis for a fresh start and was laid off due to COVID-19.  Floyd was a human being, one whose life was eliminated on film. 

Mr. Floyd called for his deceased mother when he was dying.   I can imagine no response to that fact other than being brought to our knees.   Outrage at the actions of Officer Chauvin is matched by the grief of knowing Mr. Floyd was aware of his impending death and sought help or perhaps, I prefer to think solace, from his deceased mother. -

The horror, of course, is compounded for African Americans who live with actual or threatened police brutality every day.  African Americans, no matter what their socioeconomic status face daily indignities that are largely unacknowledged by white people.

The country is at a pivotal point.  African Americans and others are grieving a brutal and unnecessary death. And much of the white US is carrying on as usual, even if carrying on looks different during semi-quarantine.  Lately, news reports give more focus to property damage than to the sources and impact of racial discrimination.  

Mr. Floyd is not yet buried.  The grief is raw and new.  When death happens, we step out of our ordinary routines. Those who can stop working.  We take time to cry and be with our friends and family.  What to do in grief is complex.   But we can ask African American individual and communities how we can help.

I am disturbed when I see the world operating  largely without acknowledging this grief. Why aren’t flags at half-mast.  Why aren’t we demanding official times of mourning? As with any grieving, we need to acknowledge the pain of those suffering most. We need to be of service whatever that looks like. That doesn't happen when the world continues as usual, even at its new slower speed. 

June 1, 2020 in Margaret Drew, Race | Permalink | Comments (0)

Wednesday, May 27, 2020

The Irony of Asian-American Month: Part Two

Co-Editor Prof. Jeremiah Ho submits the second part of his writing reflecting on being Asian American during the time of COVID-19.

When President Trump and other politicians refer to Covid-19 as the “Chinese virus,” there is meaning and blame underneath that handy reference.  Simply put, one can say that what the world is dealing with is the “Chinese virus” because Covid-19 was known to have originated in Wuhan, China.  But adhering to that meaning is denying the phrase’s other slippery and sinister meanings—perhaps as a not-so-subtle gesture of the finger-pointing to China or to Chinese people as the cause of the virus; or an implication that Covid-19 is a virus inhabited and carried by Chinese people; or even worse, an implication that Chinese people are viruses.  As a parallel to The Plague, herein lies the moralizing that funnels the narrative of the pandemic into a narrative of blame.  In times of crises big or small, we all want to find the root cause and we all want to determine fault.  In law, this tendency to make meaning is a prominent, almost-daily ritual.  It’s only human. 

Yet, in this context, it’s also absurd; and unlike Camus, I am using that word here to discern.  Scapegoating and blaming Asians and Asian-Americans during this pandemic is a fall-back strategy for those interested in stirring up racial bias and hatred in order to make meaning in this crisis and permit them to usurp this moment to their advantage.  We saw this with the AIDS crisis with queer and gay people.  Within white supremacy, this type of othering conjures a false sense of security and control at the expense of a minority group. 

In part, the historical narrative of Asian-Americans has always been one that fluctuates between proving our worthiness and proving our loyalty for a sense of belonging in the American society.  The model minority myth plays into the meritocratic values of institutional and structural racism, making Asian-Americans appear as worthy of being recognized as the “good Americans” for working hard, keeping quiet, and abiding by dominant values.  The myth was originally imposed upon Asian-Americans but it also has been leveraged by Asian-Americans as part of the negotiation for acceptance by the dominant status quo.  At the same time, the yellow peril symbolism casts Asian-Americans as economic, physical, and national threats to American society so that individuals of Asian descent have to constantly prove their loyalties to the U.S. in order to gain security.  The treatment of Japanese-Americans by the U.S. government during World War II exemplifies this strand of that narrative.  In one quick month in 2020, we saw the materialism and meritocratic benefits of the Asian-American narrative replaced by the rise of yellow peril symbolism, breathed into the collective air by the antagonizing phrase “Chinese virus” and then quickly manifesting to displays of racial hatred and violence as the American public tries to find meaning in this crisis. 

What the model minority myth and yellow peril symbolism underscore for the Asian-American narrative is an idea that those embodying white supremacy want us to believe:  that people of Asian descent in the U.S. are perpetually foreigners.  They don’t belong here and they only cause trouble.  But Camus in The Plague would want us to find fault with this kind of blame during the pandemic.  Although the production of meaning is a human tendency, what is effectively and instrumentally meaningful in a time of collective crisis is not blame and descension, but common decency.  The main character in Camus’ novel a doctor who treats the diseased comes to realize this after months of treating patients and watching them die from plague.  The only meaning he finds in his work is not something as highly-charged as a kind of heroism but rather a sense of common decency.  It’s useless during the time of plague to uncover blame as a way to combat the sickness.  Rather, The Plague’s central character, Dr. Rieux asserts, “It may seem a ridiculous idea, but the only way to fight the plague is with decency.”  When asked to clarify the meaning of decency, he answers, “In general, I can’t say, but in my case I know that it consists in doing my job.”  In the novel, the way he externalizes his common decency to help fight the plague by working in solidarity to help those suffering from plague.  This present moment is one in which we need common decency to determine what will most equitably serve all of us.  We need to act with common decency in solidarity against this disease, rather than finger-pointing and creating fragmentation.  According to Camus, who wrote The Plague as an allegory about Nazi occupation in France during World War II, that common decency in solidarity is the needed resistance against a common pestilence—whether pathological or ideological, or both.     

In this pandemic, the leaders who are lacking serious epistemic responsibility are adhering to a narrative of American exceptionalism that is both absurd and dangerously untrue.  It can cost lives.  This is a moment to change that narrative by resorting together to find common decency to resist the urge to blame.  For Asian-Americans, and other minority groups, it is important to see where we all are in this system of white supremacy, to see how we are all being used, and to decide to reject the exclusion.  We matter.  We belong.  We don’t have anything for which to apologize.  Instead, we are in this together and we have work to do to help ourselves and others move beyond this searing disease.     

May 27, 2020 in Ethnicity, Jeremiah Ho, Race | Permalink | Comments (0)