Adrien K. Wing on Egypt

Our colleague Adrien K. Wing, who's been traveling to Egypt for more than a quarter-century, has just published an op-ed inspired by recent political events on which we've posted.
Appearing in the Des Moines Register, the essay's entitled "Before now, Egyptians never dreamed of anything like Iowa's caucuses." In it, Adrien (right) recalls that many of her Egyptian hosts had been fascinated with the U.S. Presidential race. That race begins every 4 years in Iowa, the state where Adrien is Bessie Dutton Murray Professor of Law at the University of Iowa College of Law.

Adrien's essay recounts discussions she had following Barack Obama's 2008 victory:

After the election of an African-American president, something that many Americans thought would never happen, I asked my Egyptian friends how they felt while watching our process. Could they imagine an Egyptian election in which Hosni Mubarak might not win? Needless to say, for them, it was beyond imagining.

Adrien continues with thoughts on the unveiling imagination of just that.

'Nuff said

(Taking context-optional note of thought-provoking quotes)

Take a tally. Look at what I promised during the campaign. There’s not a single thing that I’ve said that I would do that I have not either done or tried to do. And if I haven’t gotten it done yet, I’m still trying to do it.
And so the -- to my Democratic friends, what I’d suggest is, let’s make sure that we understand this is a long game. This is not a short game. And to my Republican friends, I would suggest -- I think this is a good agreement, because I know that they’re swallowing some things that they don’t like as well, and I’m looking forward to seeing them on the field of competition over the next two years.

-- President Barack Obama (prior posts), today, at the middle of his term in office. Full transcript and video here.

Read On!: "The First (Black) Lady"

States Parties shall take all appropriate measures ... to modify the social and cultural patterns of conduct of men and wome, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women....
-- Article 5, Convention on the Elimination of All Forms of Discrimination Against Women

Stereotypes about Black women rarely involve images of political power or social influence. I’ve been reflecting on this while reading an intriguing article by Verna Williams (below left), Professor of Law, and Co-Director of the Law and Women’s Studies Program at the University of Cincinnati College of Law. (Photo, below left). The essay, titled “The First (Black) Lady,” explores media and popular images of Michelle Obama (above), First Lady of the United States of America. (photo credit)
The piece is part of a University of Denver Law Review special issue on “Obama Phenomena.” Williams argues "that the gender and racial norms contributing to the traditional notion of First Lady exemplify the intertwined nature of racism and sexism, and particularly how they have been used to justify Black subordination.” It also explores the “transformative potential” of Mrs. Obama’s presence in this role. (Williams notes that Obama prefers the honorific “Mrs.”).

Fashioning a First Lady?
We’ve all heard more than enough about the faux “fashionista wars” between Mrs. Obama and France's First Lady, Carla Bruni-Sarkozy (a professional fashion model). Still, it is difficult not to be pleased by the cross-cultural acknowledgements of physical health, discipline, beauty, and grace in a prominent African-American woman. Stereotypes about Black women have been so often thoroughly derogatory. The fact that a woman of color could be a global trend-setter is too rare a thing to reject.
Television now even embraces at least one “Black woman as fashion trendsetter” in the post-feminist person of fictional (and thoroughly ruthless) fashion power broker “Wilhelmina Slater” (played by actor Vanessa L. Williams on “Ugly Betty”). But fashion trendsetting is only one form of power—and a particularly gendered one.
Michelle Obama was an attorney for a multinational law firm and an administrator for a major university medical center. She is a committed mother and family member. She has strong ideas about health, education, the rights of women workers, and the work/family balance. (See White House profile here.) That's as it should be. We are, after all, approaching the 30th anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (and still awaiting ratification by the United States).

Who are we looking for?
As Verna Williams notes, however, we in the U.S. and outside it remain profoundly ambivalent about the role(s) of First Ladies. They are unelected and therefore should not exercise presidential powers. Yet they are often the closest advisers to presidents. They have always brought their own intellectual, political, social, and personal perspectives to Washington and beyond. The first UN Commission on Human Rights Chairperson Eleanor Roosevelt (below right) is a case in point, given her domestic and international advocacy. (photo credit) (Click here for posts by Beth Van Schaack and other IntLawGrrls on Ms. Roosevelt.) Historians reveal that the subtle or overt influence of First Ladies on presidential decision-making stretches back to the nation's founding and did not end with now Secretary of State Hillary Clinton (left) and former First Lady Laura Bush.
Their every move is scrutinized, whether it is in how they raise their children or what they said in a speech on health insurance reform. They represent the United States as cultural leaders in the art they select for the White House. They are expected to be “diplomats” by hosting foreign officials; they can cause an “international incident” with remarks at a state dinner abroad. The planting of a vegetable garden or a rose garden can cause a run on local plant nurseries. According to Williams,

These responsibilities, substantive and stylistic in nature, also carry the mark of traditional domesticity, and the gendered expectations that comprise it. Namely, the primary focus of the First Lady’s role is on the private sphere—that is, the home and family. Paramount among her duties is supporting her spouse at home so that he may succeed in the public sphere.

"Playing" herself
For First Ladies, the simplest gestures are fraught with social, cultural, and economic meanings. For example, many African-American observers, including me, found the sight of Michelle Obama jumping “double-dutch” (a complicated form of rope-jumping) at a White House "Healthy Kids Fair" to be a wonderful moment. None of us thought we’d ever see what we might have thought of as a Black "girls' game” being played at the White House. That game is now considered a sport, and requires significant physical stamina, balance, hand-eye coordination, and skill to perfect. (A virtuoso performance at the World Double-Dutch Championship is linked here.) Such symbols indicate that positive African-American and historically gender-linked traditions can represent an “American” tradition as well.
The more significant transformative potential of this “First Black Lady” status is yet to be seen (as will the potential of a future first “First Gentleman”). But I suspect it will be fulfilled by observers of the White House, not those inside it. It will be evident when we are prepared to assess presidential partners for who they are, not who we imagine them to be.
Thanks to Alexis Smith for her research assistance.

On February 11

On this day in ...
... 1964 (45 years ago today), reacting to news that France was extending recognition to the People's Republic of China, the Republic of China, which since losing the mainland a decade earlier had been installed on Taiwan, broke diplomatic relations with France. Just this past October, The China Post reported that a French court had "stirred diplomatic tensions by recognizing Taiwan's right to make its case in a legal dispute" -- concerning land in Tahiti -- "despite Paris not having recognized it as independent..." In comments that bring to mind the Gaza situation on which we posted here, the Post elaborated that

in an interim judgement, the court ruled that Taiwan's case could be heard 'independent of the diplomatic situation' even given Taipei's status as 'a Chinese state not recognized by the international community'.

(credit for above French embassy image, circa 1964, of President Charles de Gaulle, far right, and unidentified Chinese official)
... 1964 (45 years ago today), a daughter was born in Sandpoint, Idaho, to Sarah and Charles Heath, a school secretary and a science teacher/track coach, respectively. The family moved to the 49th state in the Union. The girl competed in athletics and beauty pageants, and attended a number of colleges before receiving her bachelor's degree in communications/journalism from the University of Idaho. In 2006 Sarah Palin (left) -- having married and served as mayor of her hometown -- became 1st woman and the youngest person ever elected Governor of Alaska. Since losing her bid to be U.S. Vice President last November, Palin's remained on the media trail, most recently railing against "'anonymous, pathetic bloggers.'' Surely she didn't have IntLawGrrls in mind: We've signed all our posts about her.

When I Am An Old Woman I Shall Wear Purple

President Obama's inauguration is a week behind us today, but this clip, which captures the reactions of several eloquent centenarians to his swearing-in, is still worth watching to remind us of the enormity of the step we've taken as a nation.



'Nuff said.

On December 5

On this day in ...

... 1996 (a dozen years ago), President Bill Clinton announced he would nominate Madeleine Albright, to be U.S. Secretary of State in his 2d term. Then 59 years old and serving as U.S. Ambassador to the United Nations, she would be sworn in exactly 7 weeks later. Albright, about whom we've posted here, thus became the 64th person and the 1st woman to hold the United States' top diplomatic post. This week President-Elect Barack Obama tapped his primary-season rival, Sen. Hillary Clinton (D-N.Y.), to be his Secretary of State. When sworn in she'll be the 3d woman to hold the job, succeeding current Secretary Condoleezza Rice. Clinton is, of course, the wife of the President who'd chosen Albright. (credit for 1998 photo of Secretary Albright and President Clinton)

... 2008 (today), is marked the 22d annual International Volunteer Day for Economic and Social Development, proclaimed by the U.N. General Assembly by this 1985 resolution in an effort to encourage pro bono service, by people in all walks of life, throughout the world.

On November 19

On this day in ...
... 1863 (145 years ago today), with the War Between the States still raging, a national cemetery was dedicated at a Pennsylvania battlefield where 4 months earlier 51,000 had perished in a 3-day battle. One speech immediately printed in full on the front page of The New York Times -- the Gettsyburg Address of President Abraham Lincoln -- resounds in American literature to this day. (Aside to constitutional law buffs: the speech's famous opening equation dates the birth of the United States to the Declaration of Independence, and not to the ratification of the Constitution.)
Given the affinity of President-Elect Barack Obama for Lincoln's writings, it seems appropriate to reprint the address in full, accompanied by the only known photo of Lincoln, shown hatless and with head bowed just after having spoken:

Fourscore and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal.
Now we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.
But, in a larger sense, we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead who struggled here have consecrated it far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here. It is for us the living rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.

A New Dawn--And a Familiar "To Do" List

The euphoric reactions to the amazing election of Barack Obama to the presidency of the United States of America resonate throughout the country and the world. (Photo Credit)
The diplomatic repair-work has already begun on the U.S. image and reality on the world stage. CNN reports that the President-Elect returned congratulatory calls from 9 world leaders on Wednesday.
Yes We Can--What's Next? IntLawGrrls explore a range of issues that should be high priorities for a new U.S. foreign policy. To name a few:
►Poverty Global poverty (the old crisis) and the global financial crisis (the new one); inequitable distribution of food, health care, housing, living-wage jobs, and education. These are the scourges that ruin or end prematurely millions of lives from the Mississippi Delta to Gonaives, Haiti, every day.
►The Environment Generating the political will for an internationally-shared sustainable response to the catastrophic potential of global climate change.
►Security Nuclear proliferation and security against terrorism. Threats to our civil rights and civil liberties disguised in misguided, ineffective, or politically expedient “responses” to security threats.
►War and Violence in Public and Private Life The ongoing crises in the Democratic Republic of Congo, the Darfur region of the Sudan, the Middle East, Afghanistan, and Iraq, as well as the pervasive “normalcy” of sexual abuse and other forms of gender-based violence. The trade in small arms that kills millions of youth at home and abroad.
►Discrimination Discrimination based on race, ethnicity, national origin, color, migration status, sex, sexual orientation, religious belief, class, and disability that so often leads to violence in homes, neighborhoods, and battlefields. And no, racism is not “over” now that the United States finally has elected a Black president—even as we celebrate the overwhelming margin and diversity of support.
►Human Rights See all of the above (and Connie de la Vega's post yesterday). The implications are just as important within the United States as they are for our policies toward the peoples of other countries. (See the 60 year old Universal Declaration of Human Rights linked here.)
So the new administration has plenty of work to do, but the “we” in “yes, we can” requires us all to participate.
Witnessing History Here’s another sample of global and local reactions to the 2008 U.S. election.

Galway, Ireland “America is Back! We missed your moral leadership and generosity of spirit. It feels like the American Revolution happened again yesterday. John Brown rests easy and the world can grow in confidence again”--Gerard Quinn

Hamilton, Bermuda

This is truly a new dawn, not just for the U.S., but for the whole world and especially for the African Diaspora - this day salves a little of the deep wounds of the centuries.
Many on the far left will likely be disappointed that President Obama does not promote all of their agendas. His campaign was not dependent on any one group - so he is free to pursue what he believes is the right thing to do in a measured, bipartisan way - this, too, is historic.--Arlene Brock

Boston, Massachusetts, USA

The anticipation, the fear, the uncertainty and the excitement of watching history unfold in my very eyes, took me back to South Africa. I remember experiencing the same feeling in 1994 as a 15 year old sitting on the couch with my arms around my belly, sweating, crying, waiting and hoping to see a black man, after 27 years in prison, declared president of a nation with a history filled with atrocities perpetuated against the black race. When I received your email yesterday, I was not able to express the feeling. The only complete sentence I remember saying last night after the result was: I wonder what Nelson is feeling right now to see that he paved the way for all of us around the world. To see yet another intelligent black man being elected president of a great nation with a convoluted history. The tears I shed watching Mandela walk out of Robben Island were painting my face once more last night as I watched Obama come out to give a speech at Grant Park.
Above all, I am proud of the fact that both men are sons of African men who were once enslaved by the very nations over which they now preside. I am also proud of the fact that Obama will bring a new image for black men in America and around the world.
For the international world, this means that African roots have once again contributed to the making of history and re-construction of a fallen nation. We built the roads in the US and now we will build the economy together with a sense of being citizens of the world. The one memory that I took from my journey in South Africa, now sits together with the memories created by last night’s event. For giving me the opportunity to witness another historical moment, I thank you.
Congratulations!--Mianda Bashala

Boston, Massachusetts , USA "This is a wonderful and historical moment." --James Hackney (Miss Lou thanks James for keeping it to one line!)

Toronto, Ontario, Canada "I fell to weeping as they called the election on CNN and at the same time here in Toronto the residents of my apartment complex let out an enormous collective scream of joy. Much of the world is celebrating with us. " --Lolita Buckner Inniss

Baltimore, Maryland, USA "While Barack Obama's election is a milestone, it is the image of Michelle Obama as First Lady that will enhance the self image of black women around the world!"--Taunya Lovell Banks

Tribal Nations and Idaho, USA

With the passage in 1924 of the Indian Citizenship Act, the federal government unilaterally brought all Tribal Nation citizens into the citizenry of the U.S. as dual citizens. It is a real credit to President-Elect Barack Obama that he has taken the time to understand Native issues, has brought with him prominent lawyers in the field of Native law to advise him and includes Native Americans in his list of diverse groups in the U.S. I would say for our peoples that simply being mentioned is a truly remarkable moment in the U.S. national discourse as we are often treated as the most invisible of all groups. It was intensely moving to hear him include us in his speech last night and I look forward to better relations with the U.S. for Tribal Nations during his administration. Full of hope, --Angelique EagleWoman (Wambdi A. WasteWin)

Davis, California, USA "Being a 'safe' blue state, we did not see much of the Presidential campaign in California. We were proud, however, when all the networks declared Senator Obama the winner as soon as the California polls closed!" --Kevin Johnson

Boston, Massachusetts, USA Photo: The smile on mom’s face the day in early 2008 when I took her to see “her adopted son”—the man she just knew would be elected the next President of the United States. ‘Nuff said.--Hope Lewis (Miss Lou)

Time for US to reaffirm commitment to principles enshrined 60 years ago in the Universal Declaration of Human Rights

At the beginning of his campaign President-Elect Barack Obama stated:

No country has a greater stake in a strong United Nations than the United States. The United States benefits from a global institution intended to advance the rule of law, the peaceful resolution of disputes, effective collective security, humanitarian relief, development and respect for human rights.

Indeed, bodies of the United Nations have played a number of roles in protecting and promoting international human rights. For example, the Security Council has been responsible for determining when humanitarian intervention is necessary, while the specialized agencies give technical assistance to countries to help them promote human rights in a number of areas. The International Court of Justice has adjudicated a number of human rights issues but that has been dependent on the consent of the States, something that is not always forthcoming. The General Assembly has been the body responsible for the development of international standards, a task that was carried out by the Commission on Human Rights (CHR) since its inception in 1948. The Commission also had the capacity to address human rights situations by passing resolutions which are the basis for the mobilization of shame – one of the main tools available to affect countries who violate human rights but who often cannot be held accountable in courts or other adjudicative bodies. Again, the CHR was the main body that initiated investigative procedures that made it feasible to mobilize shame by having special rapporteurs and working groups look into violations of human rights on a variety of topics, including those that were focused on specific countries. While the treaty bodies play the role of overseeing country compliance with the specific human rights treaties, the CHR is able to look at country violations whether or not they have signed on to those treaties.
The country-specific procedures included the public Resolution 1235 procedure and the confidential Resolution 1503 procedures which were developed in the 1960s after the two main treaties implementing the Universal Declaration of Human Rights were drafted and sent to the General Assembly for approval: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Theme procedures were later developed in order to address individual complaints more effectively as well as further the jurisprudence on specific topics.
The country-specific procedures always were much more political and it is important to assess their effectiveness in that context. The bottom line has been, despite their political nature that countries of all kinds and levels of development will fight to prevent resolutions from being passed against them. An indication that they do in fact care about what the U.N. bodies might say about them.
A couple of examples help to highlight the fact that the U.N. procedures have indeed been helpful in preventing and promoting international human rights standards:

► One involved South Africa, where the policy of apartheid violated in the most blatant way the prohibition against race discrimination that was one of the basic principles of the United Nations Charter. The work of the CHR for many years ultimately led to the economic embargo that eventually forced not only the change in the policy but in the government as well by peaceful means.
► Another less direct example was the role played by the CHR in stopping the death penalty for offenders under 18 in a number of countries. The attention paid to that issue by its expert body, the Sub-Commission on Promotion and Protection of Human Rights, and the CHR itself, put pressure on a number of countries to change its laws or stop the practice, including Pakistan, Yemen, and Saudi Arabia. Even the United States, which was the country with the largest number of violations of the prohibition against this sentence, eventually stopped the practice after a number of resolutions and statements by countries increasingly referred to the practice. Indeed, the U.S. Supreme Court made reference to the various resolutions by the CHR on the topic in interpreting the United States resolution to prohibit the practice.

Charging that the CHR had become to political, however, the United States initiated the effort to create the Human Rights Council. It was successful in those efforts in 2006, with the passage of Resolution 60/251 by the General Assembly. Whether that body is less political, is difficult to assess, especially since it is hard to imagine that any body representing governments would not be political. There have been some positive changes such as the limit of terms to two (six years) for any one country and the suspension of countries that are human rights violators. Also, having a more direct route to the General Assembly and having more meeting should make it address problems more efficiently and effectively. The politics continue and the potential control of majority votes by the Asian and African countries is problematic, but over the course of the two years the Council has been able to take some positive steps towards greater protection of human rights.
The Council has been able to pass more concise resolutions focused on human rights principles with greater consensus as exemplified by the resolutions on the rights of the child and the transfer of toxics. It was able to address the specific topic in a special session – that dealing with the emergency situation related to the right to food.
It is time for the United States to return to its leadership role in the protection of human rights.

To do so, it needs to take a more diplomatic and less political approach to addressing human rights concerns. Perhaps focusing less on Cuba and more on more massive human rights violations in countries such as Sudan would be helpful. It would also be helpful if it reiterated its commitment to the human rights standards that were enunciated in the Universal Declaration of Human Rights under the leadership of Eleanor Roosevelt (left) sixty years ago. And in particular acknowledge both civil and political as well as economic, social and cultural rights as was done in that document and reaffirmed by the international community ever since.

(Portions of this blog post are taken from Connie de la Vega, "Just Back From the Human Rights Council," 11 April 2008 Panel Discussion at the annual meeting of the American Society of International Law, published in 102 ASIL Proceedings (2008))

Change: sweet and bitter

This morning I woke with feelings of both joy and despair. Last night our President-elect Obama addressed the nation:

If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer.

(Credit for photo of Obama, left).

Sadly, it was my answer. It indeed showed me that anything is possible in this country. While in the same moment this country can leave behind hundreds of years of racism and discrimination against African Americans and elect a man of mixed race to the presidency – it can also vote to change numerous state constitutions to ban gay and lesbian couples from marriage and the ability to adopt a child. It also told me that while the former was possible, it took 143 years after the passage of the 13th Amendment to get it done. So even though “yes we can” was the motto last night, the question for the gay community is when can we see positive change?
In California, Prop 8 passed, banning gay marriage after the California Supreme Court ruled that the denial of the right to marry violated the state constitution. (See my prior post on the Supreme Court ruling here). With 96% of precincts reporting at this time, only 420,000 votes made the difference. While the No on 8 leadership believes that there are 3 to 4 million provisional and vote-by-mail ballots yet to be counted, the measure’s proponents have already declared victory. (Photo, left, available here).
Even if the miracle occurs and the provisional and absentee ballots tip the scales on Prop 8 in the coming days, the question remaining to me is whether this process is the one that the founders imagined - that a state court could rule on a constitutional question and be reversed by a popular vote. In California, the state constitution provides in Article 2, Section 1:

All political power is inherent in the people.
Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

Thus, although the state constitution requires a 2/3 majority of both houses in order to make a constitutional change, an initiative to change the constitution by popular vote requires only a simple majority.
This morning, I can take no comfort in this system. A government that allows a bare majority of my neighbors to determine the extent of my rights as a citizen without limitation is not one that I stand behind. I want a constitutional process that establishes a floor that we can vote to expand upon, rather than a ceiling that we can vote to lower. While yesterday my personhood was fully recognized by the state, today, I am some fraction of a citizen.
But I cannot give up hope.
Through my tears, I see that a nation that can elect Barack Obama to the presidency can indeed make change. A legal challenge to Prop 8 is already underway, and it is my hope that reform of California’s (and many other states’) ballot initiative process will be forthcoming.
I just don’t want to wait until Obama’s little girls reach 106.

Election Day 2008 - From the Polls in Indianapolis

"I want to vote! I want to vote!" The middle-aged African-American man had presented his Veterans Administration ID card in order to cast his ballot. Unfortunately, this federal ID did not include an expiration date; nor did it indicate an indefinite expiration date. Despite the fact that the voter was clearly the individual pictured on the photo ID, he would not be able to cast a regular ballot. Long minutes were spent by the poll workers and legal observers calling up to verify the fine points of the Indiana Voter ID law, and confirming that the voter would have to cast a provisional ballot.

The voter was understandably very frustrated - he indicated that he had used the same identification to vote in the last five years and that he had no other picture ID. After a long period during which there was some danger that the police might be called to intervene, the voter was sufficiently calmed down that he was able to cast his provisional ballot.

"I want to vote! I want to vote!" His cries and shouts were emblematic of the sentiment throughout the United States yesterday.

I spent Election Day as a legal observer for the Democratic Party at a polling station in Indianapolis. From the long line that greeted the poll workers at 5:30 (the polls opened at 6:00) through the ebbs and flows of citizens coming in to cast their ballots - so many for the first time, the historic nature of this election was clear. Finally, finally, after a so-long election campaign, people all over the country were participating in the often-messy and imperfect democratic process. The VA identification cards were only one glitch, other bumps and barriers to the participation of individual voters were resolved in a mostly bipartisan spirit of service to the democratic process.

I am inspired by the voters that I encountered and served yesterday and remain inspired by the overwhelming message that was delivered by voters throughout the country.

Bellwether Vote?

Having voted weeks ago by mail, I don't have much in the way of inspirational polling stories to convey. I would, however, like to pass along the results of an important local vote: my son's second grade class.

It turns out that 19 of the 20 seven-year-olds in the class support Obama. (Among other votes today, they also indicated a preference for carrots, which narrowly beat out green beans as the class's favorite vegetable). Obama is clearly sweeping the youth vote (photo credit); let's hope
this group of second graders has their pulse on the election!

Global and Local "One-liners" on the 2008 U.S. Elections

Miss Lou promised to post a few one-liner dispatches from U.S. election participants and unofficial observers. They write from places as different as Baghdad, Nairobi, and Atlanta, but all are excited. The ad hoc, non-representative list includes several lawyers and law profs (of course), political scientists, an administrative assistant, health care workers, a filmmaker, and a student human rights activist (and her dad--that's the one that got me). Very few respondants to this quick survey could stick to one line, but who cares about the rules on such a day?

►Jamaica Plain, Massachusetts:

I was born in New Orleans, and neither of my parents could vote until we moved to California when I was 8 years old. When I go to the polls today their history will be with me when I pull that lever.--Pearl T. Robinson

►Walpole, Massachusetts: "I am very nervous because I do not know how I will deal if this presidential election turns out like the last!"--J. McNew
►Princeton, New Jersey: "I had tears in my eyes today at the voting booth. I don't think most of the population understands the significance of today."--P. Bursh
►Pittsburgh, Pennsylvania:

My emotions are running so high. The sense of solidarity is palpable. We in Pennsylvania have felt the incredible responsibility of delivering to the next President the state described as Philadelphia and Pittsburgh with Alabama in between. The upside of this has been that we have been treated as sort of a temporary charity case by our comrades in New York, Delaware and New Jersey. They have come en masse with endless energy and idealism to deliver this swing state, and are not remotely smug about being from blue states!--Janet Goldwater

►Atlanta, Georgia:

From the time the polls opened at 7am, 100% of the voters at my precinct, have had a collective determination and pride that I’ve only seen once - in the crowds of people waiting to pay their respect to Rosa Parks as her body lay in state in DC. The crowd was so diverse, hip hoppers, gangsters, church ladies, body builders, government workers, pregnant girls and women, yet the clarity of purpose of the voters at Abernathy Towers in Atlanta Georgia was palpable. It is really something to behold.--Pamela D. Bridgewater

►Abingdon, Virginia: "I was told by 93 year old Clara in south western Virginia, 'I never tell people who I vote for, but you are working for the right man.'"--Sunu Chandy, Obama office volunteer
►Nairobi, Kenya:

In a rare moment of national unity in a year that began with bitter ethnic divisions and open war, the country is united in supporting Obama's candidacy to the US Presidency. This unity is all the more unprecedented given that Obama's dad comes from one of the ethnic communities that was in bitter contention for the Kenyan Presidency in last year's election. While of course business minded Kenyans have made the most out of the Obama craze, it has been a welcome moment of national coming together with presidential debate parties at 4.00 a.m. Nairobi time and with hundreds of thousands of Kenyans (and dare I add Africans on the continent) glued to their televisions watching every moment of this election. The anticipation of a black President in the United States has, in short, been a moment of rare unity not only in Kenya but in Africa as well.--James Gathii

►Cambridge, Massachusetts and Pennsylvania:

I called my dad in Pennsylvania as I was on my way to the polls this morning. He didn’t answer the phone at first—he’s screening his calls because he’s been receiving so many pre-recorded messages this week from both parties soliciting his vote. The truth is, he didn’t plan to vote at all, I suspect because he has grown disillusioned with the political process. By the end of our five-minute conversation, however, I convinced him to make his way to the polls today before clocking in for the second shift at the factory where he has worked for 27 years. Before hanging up, he thanked me for taking the time to call him. I think he just needed to be reminded that his vote is more than just a tally mark in one column or the other and that his opinion matters not just to pollsters and campaigners, but to his daughter, too.--Rachael Bankes

►Cambridge, Massachusetts:

I was holding an Obama/Vote No on #1 sign at my polling place from 10-12 today - usually voter turnout is VERY light during those hours in my working class neighborhood - everyone votes before or after work. But not today. There were lines until 9 AM, and then a steady stream of voters, most of whom smiled at me or stopped to talk. The distribution of "I voted" stickers created a strong sense of community, and people lingered to extend their moment of being part of history.--Susan Y.

►New York, New York: "I am still cautious because of the possibility of corruption by preventing access or in counting ballots, but it could be a great day for America."--Stuart L.
►Harlem, New York and Philadelphia, Pennsylvania:

I'm just back from GOTV in south Philadelphia. We voted at 6am in Harlem. I arrived at 540a and there was already a line - at my polling place on Lenox Ave. In Philly, most people had already voted by mid-morning, and it felt like victory in the air. I took Sarah and it was wonderful. Nyc is wonderful this evening. My neighbor stayed and worked the poll, and said that those at the poll gave a round of applause to each first time voter. There were many and of all different ages. So glad to be part of this historic day. --Karole D.

►Waterloo, Ontario, Canada:

My view is, and has been for years, that the entire world should be allowed to vote in US elections. If that were allowed this year, apparently Obama would have the vast majority of the votes, 86% in Canada, but he would lose in the Former Yugoslav Republic of Macedonia, according to a guy in Iceland who has a website where he invites people from all over the world to vote.--Rhoda Howard-Hassmann

►Boston, Massachusetts: "As religious writer Corrie Ten Boom said, 'Freedom is not the right to do what we want, but the power to do what we ought.' Let’s pray that even those who don’t 'want' to will do the right thing!"--Blossom S. (mom!)

►Baghdad, Iraq:

First, both Iraqis and Jordanians have expressed their doubts about the legitimacy of the political process-citing year 2000.
In Iraq, there is no consensus, strangely enough, on who would be better. Most want the USA out ASAP, but cannot decide when the time is right. Some (Sunnis and Christians) are afraid of a premature departure before the security situation can be handled by Iraqis. Others, mostly Shia, want the USA out soon as they are the majority and feel empowered now that the Bathists are out and Iran is in the picture.
On a more interesting note, Iraqi and Jordanian Christians are afraid that Obama is a crypto-Muslim with a "hidden" agenda. This may have to do with the radicalization or politicization of Islam in the area and the discrimination they feel in Iraq, Jordan & Lebanon. Furthermore, there is a divide in Jordan between Palestinians and ethnic Jordanians- with the former definitely wanting the Republicans out but doubt that the US will elect Obama due to his racial background. BTW, all my Kenyan and Swahili-speaking colleagues are excited for Obama.--Paul (who works in Iraq and neighboring countries)

►Boston, Massachusetts: "I feel the way I felt the day Nelson Mandela walked out of prison…sheer joy that the impossible was happening before my eyes and a sense that 'now the hard work begins.'"--“Miss Lou”

The View from South Philadelphia

As I told my daughter this morning when she woke up, "Today we may be making history by electing the first African-American President of the United States." I'm not sure how much of that she understood, given that she's only seven months old, but she was her usual good-natured self when she accompanied me to the polling station in my South Philadelphia neighborhood (pictured left). Though a neighbor told me that the lines were around the block at 7 am, by the time we arrived at 1pm there was no wait. Surprisingly, there were no signs for either Obama or McCain at the polling station, though plenty of Obama signs (as well as a couple of lone McCain-Palin signs) in the windows of nearby homes. But both were outnumbered by Phillies posters in this proud hometown. (picture right).

The NY Times reported yesterday that South Philly, "a largely white, Catholic, ethnic neighborhood" in a pro-Obama city in a crucial state, may be fertile ground for McCain. Not if the impressive Obama get-out-the-vote machine has anything to do with it! We've been visited four times in the past two weeks by Obama volunteers, once on Sunday to see if we needed a ride to the polling station (not really necessary since it's only a block away) and once this morning to see if we'd voted yet. We also received an automated message from Bill Clinton this weekend telling us where to vote and a live call yesterday from an Obama volunteer to remind us to bring a photo ID. While some feel inundated with so much attention (picture left) -- the perils of living in a swing state -- others, including yours truly, are full of Obama-mania (picture right ). Never before have I been so excited about a presidential candidate and his potential to transform our country. While my parents' generation spoke with rapture about John F. Kennedy, I always wondered how anyone could feel so strongly about a mere politician. Obama inspires that same promise today by offering a new path forward for our country. I only hope that my daughter has the opportunity to vote for an equally inspiring candidate before she turns 35.

Election Day in Atlanta, GA

It's a beautiful day here in Atlanta, GA and so far all reports suggest that there have been no difficulties or delays at polling places. We are here for this conference and have been wandering around Decatur this morning to get a sense of the atmosphere. So far we have seen no delays or lines at polling places and people we've spoken to have reported the same at the polling places around the city. Both yesterday and today we saw a number of people with Obama/Biden tshirts, buttons and posters and no McCain/Palin signs, but that may be a product of the area we're staying in which is very blue. Although Georgia is normally a red state the polls suggest a close race on the presidential ballot here, and there is a possibility that Saxby Chambliss will be a Senate casualty if there is a Democratic sweep today. We're heading into the CNN centre now, where we hope to get some photos, more atmosphere, and some more reports.

A Long Day's Journey Into Night

Well, here we are on the most important day in the 21st century so far. Today is the day we decide where this country is heading. The two presidential candidates could not present a more stark contrast: McCain's campaign devolved into an appeal to our most base human instincts. He relied on a fearmongering, divisive politics that so far has proved successful for the Republican Party. McCain's pick of Sarah Palin for a VP running mate was a calculated and cynical attempt at pandering to the most conservative elements of his party. Obama, while not a perfect candidate, represents a movement for real change in this country. His campaign emphasized the need for all of us to take action to change the status quote. He called out to the best within us rather than the worse. He focused on themes of personal responsibility as well as responsibility for our brothers and sisters. He asked us to sacrifice for our country and for each other. I disagree with Obama's trade policy and I strongly disagree with his position on gay marriage, but an Obama presidency promises to restore this country to a path more inclusive, more thoughtful, and more compassionate than the one we are currently following. The difference between these two candidates could not be more clear.

Which vision do you want for our country?

So, at long last, it is all over but the voting and the counting. It has been a long journey to get us here, and it will be an even longer night to come. Don't forgt to vote!

Michelle Obama rallies Nevadans

As the day of the 2008 U.S. Presidential election dawns, here's a closeup from Monday's 2d-to-last campaign rally by Michelle Obama, wife of the Democratic nominee, at the College of Southern Nevada in North Las Vegas. (photo (c) Peter O'Neill)

On November 4

On this day in ...

... 2008 (today), rallies that above having come to an end, voters in the United States enter ballot booths to choose their next President and other officials and, in states like California, to decided a plethora of ballot propositions. (Arizonans vote on a ballot initiative on ballot initiatives.) If you're registered and did not vote early, don't forget to vote today!

... 1950, in Rome, representatives of the member states of the Council of Europe signed the Convention for the Protection of Human Rights and Fundamental Freedoms (left; photo credit). This landmark European Convention entered into force, with 10 ratifications, on September 3, 1953. Today it has 47 states parties.

The Will of the People: The Right to Vote in the U.S. Elections

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
--Article 21(3), Universal Declaration of Human Rights (1948)

Miss Lou already cast her (my) vote for Obama-Biden in the historic U.S. presidential election (IntlawGrrls series link). Here’s hoping the following information will be helpful to other voters or right to vote advocates out there.

When to Vote:

Tuesday, November 4, 2008, or before if your state allows early voting. Vote as early in the day as possible, but VOTE even if you have to wait until later in the day. Don't believe rumors and unofficial polls; make your vote count.
Where to Vote:

Google Map © and other on-line sites now have dedicated pages that can locate and direct you to local voting stations.

How to Vote:
►The National Association of Secretaries of State maintains information on state requirements (linked here and below).
►Regular Ballot (make sure you understand all instructions and ask a poll worker if you don’t—no “hanging chads”)
►Absentee Ballot (if you couldn’t make it to the polls)
►Provisional Ballot (if your registration or eligibility to vote is challenged, insist on casting a provisional ballot)
►Accessible Ballot (there should be at least one accessible, private voting machine available for you at the polling place, or other provisions should be made for accessible private voting; if you need assistance, bring someone with you, or request information from a poll worker). See resource list below for disability access hotlines. (A news story about a blind voter's experience is linked here).
Old School
On-line political networking, blogs, and information sites have revolutionized the campaign and election process. For example, Twitter Vote Report allows users to send real-time updates on voting lines and other issues at the polls. And check out IntLawGrrls on Election Day, when some Grrls plan to post updates from their polling places.
But “old school” methods are still important.
►After coordinating with campaign workers, travel with others to swing states to get out the vote by making phone calls, and monitoring the election process.
►Make sure friends, relatives, and neighbors have transportation to the polls.
►Lines may be long, so bring water, reading material, a fully-charged cell phone, and a positive attitude. A folding chair or two in the trunk couldn’t hurt.
►Allow a person who’s not well to go ahead of you in line (Miss Lou shouldn’t have to say this, but she saw some elderly folks waiting in the back of those long early voting lines who should have been at the front—‘nuff said).
►Pay attention to state rules about “electioneering” at polling places (i.e., watch what you wear and be prepared to cover campaign t-shirts or to put campaign buttons away as you near the polling place).
►Know your rights. Since voter eligibility varies from state to state and there are already attempts to purge valid voters, check official websites or the campaign website for rules. Ask poll workers to double-check for your name. Insist on a provisional ballot if there’s any doubt.
►Bring a photo i.d. if you have one, but if you don’t, don’t let that deter you from voting. If challenged, ask for a provisional ballot.
►If you are not allowed to vote for illegal or illegitimate reasons, complain to the campaign and to local, national, and even international officials.
And Why:
Even the “undecided” must know by now that this is a history making election. It is an incredibly important moment on every level: the economy (and its relationship to food, housing, education, health care, jobs, and retirement); our civil rights, civil liberties, and other constitutional protections; respect for, and compliance with, our international legal and moral obligations (including human rights and laws on peace, trade, security, and the environment), and much, much more…
Still, my favorite reason to vote is to honor people. By voting, we remember the generations of African-Americans and women previously prohibited from doing so. We recognize the struggles of those who must wait in voting lines for many hours in other countries even under threat of violence. Our voting also honors the over-100 crowd, such as Sister Cecilia Gaudette, the 106 year old nun and 109 year old Amanda Jones (who remembers having to pay poll taxes). They each voted for Obama recently. My own grandmother, “Miss Lou,” voted right up until her passing at nearly 103. She would not put up with any excuses from this Miss Lou either (who is slightly younger).
A List: Voter Access and Voter Protection
►American Civil Liberties Union, “Voter Protection”
►Federal Elections Commission, “Help America Vote Act of 2004” (HAVA)
►League of Women Voters (comprehensive general information site)
►National Association for the Advancement of Colored People-Legal Defense and Educational Fund (NAACP-LDF), “Voter Protection”
►National Association of Secretaries of State, 2008 General Election Information (includes Election day polling hours by state)

►National Federation of the Blind, Project VIP (Voting with Independence and Privacy)
“Voting, Accessibility, and the Law”
Hotline (to help resolve access problems for blind voters at polling stations and to provide technical assistance to poll workers)
1-877-632-1940 (7 AM - 10 PM EST, Tuesday, November 4, 2008). Organizers request that voters call directly from the polling place rather than trying to resolve issues later.
►Lawyers and law students interested in elections monitoring in battleground states should contact campaigns directly or link up with the many social networking groups organizing such efforts.
The Right to Vote in International Legal Perspective
►Office for Democratic Institutions and Human Rights, Office for Security and Co-operation in Europe (OSCE) 2008 Elections Monitoring Mission to the USA (includes the mission’s mandate and contact information)
►OSCE Final Report on 2004 US Elections (providing a tepid response to concerns raised by African-Americans and other minorities with regard to allegations of voter suppression and intimidation)
►University of Minnesota Human Rights Law Library, “Study Guide on the International Right to Vote”
The need for serious voting process reform in the U.S. will have to wait for another post by another IntLawGrrl on another day. Special thanks to IntLawGrrls Diane Marie Amann and Stephanie Farrior, and to Bob Hachey, President of the Bay State Council of the Blind (an affiliate of the American Council of the Blind) for list-serv alerts on disability voting. Finally, a televised interview with elections law expert Janai Nelson, Professor of Law at St. John’s University School of Law (photo above right), was quite helpful. Disclaimer: This post reflects my own views, of course. Being listed in this post does not necessarily imply an individual’s or organization’s endorsement of any candidate or political party.

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions:(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;(c) To have access, on general terms of equality, to public service in his country.
--Article 25, International Covenant on Civil and Political Rights (1976)

All-Inclusive Rights: Resources on International Disability Rights

(Part of a series on human rights and disability.)

“Miss Lou” can’t think about anything but the global economic crisis and the U.S. presidential elections these days. Turns out, though, both are relevant for this series on disability human rights. Persons with disabilities, who already experience high rates of joblessness and poverty, will be further marginalized as federal and municipal governments tighten their belts and cut public programs.
But politicians who dismiss the rights and concerns of persons with disabilities do so at their own peril. There are more than 30 million PWD who are of voting age in the U.S. alone. For the U.S. presidential candidate positions on disabilities, see:
►Americans with Disabilities for McCain-Palin 2008
►Americans with Disabilities for Obama
Full disclosure: Miss Lou is a staunch Obama supporter. Both PWD and non-disabled persons must pressure candidates to maintain or increase their commitment to these issues during difficult economic times. 'Nuff said.

Resources on Disability in International Perspective
The following brief resource list is intended only as an eclectic starting point for those interested in learning more about disability in international legal perspective. It is by no means comprehensive; I encourage IntLawGrrls readers to add resources and citations in the comments section.
Michael Stein, Executive Director of the Harvard Project on Disability and Professor of Law, William and Mary School of Law (above left) is among the growing number of legal scholars who take an international perspective on disability issues. (See also upper right photo of Chai Feldblum, Professor of Law, Director, Federal Legislation and Administrative Clinic, Georgetown University Law Center, a leading advocate who helped draft key U.S. federal legislation on disability, and middle right photo of Wendy Parmet, George J. and Kathleen Waters Matthews Distinguished University Professor of Law, Northeastern University, an expert on U.S. disability law and health law.) Many thanks to Northeastern University School of Law student Matthew Moore for his excellent research assistance.

International Law and Disability
►Convention on the Rights of Persons with Disabilities and Optional Protocol, G.A. res. A/61/611 (2006)
►UN Enable
►UN Office of the High Commissioner for Human Rights, “Disability Rights”
►Disability Rights - International Library of Essays on Rights (P. Blanck, ed., Ashgate, 2005)
► Human Rights and Disability: The Current Use and Future Potential of United Nations Human Rights Instruments in the Context of Disability (Gerard Quinn & Theresia Degener, eds., Geneva, (2002))
►Wendy Scott, Guide to Sources in International and Comparative Disability Law, 34 Syracuse Journal of International Law & Commerce 621 (2007) ( special journal issue on international and comparative disability law) (See photo of Wendy Scott, Assistant Director for Faculty & Outreach Services and Adjunct Professor of Law, Syracuse University College of Law (bottom right))
►Michael Stein, Disability Human Rights, 95 California Law Review 75 (2007)

Africa
►African Decade of Disabled People (2001-2009)

The Americas
►Americans with Disabilities Act of 1990
►ADA Amendments Act of 2008
►Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities, AG/RES. 1608, 7 June 1999
Asia-Pacific
►Asia-Pacific Forum of National Human Rights Institutions, “Now the real work starts: implementing the UN Disability Convention”

Europe
►European Human Rights Law and Disability – Critical Issues (Gerard Quinn and O. DeSchutter, eds. (2007)

NGO Resources
►Disability Rights Fund
►Human Rights Yes! Action and Advocacy on the Rights of Persons with Disabilities, (Nancy Flowers, ed. 2007) (training manual)
►Mental Disability Rights International, “Resources”
►Rehabilitation International
►UN Enable, Non-governmental Organizations Accredited to the Ad Hoc Committee

University Resources
►American University, Washington College of Law, “The New UN Disability Rights Convention: Building Support in the United States for Ratification and Implementation” (April 9, 2007) (webcast)
►ArchiveADA (historical materials on ADA and ADA-AA maintained by the Georgetown University Law Center)
►Harvard Project on Disability, Harvard University
►Centre for Disability Law and Policy, National University of Ireland (Galway)
►Center on Human Policy, Law, and Disability Studies, Syracuse University College of Law, “International and Comparative Disability Law Web Resources” (comprehensive site)
►University of California, San Francisco, Disability Statistics Center, “Resources”
►University of Minnesota, Human Rights Law Library, "Rights of Disabled Persons"

Disability in Sport
►Center for the Study of Sport in Society, Northeastern University, “Disability in Sport”
►Human Rights Watch, “China: As Paralympics Launch: Disabled Face Discrimination”
►Paralympic Games (Beijing, China, September 2008)
►Elise C. Roy, Aiming for Inclusive Sport: the Legal and Practical Implications of the United Nation’s Disability Convention for Sport, Recreation and Leisure for People with Disabilities, Entertainment and Sports Law Journal (August 2007)
►Team Darfur