Showing posts with label Hurricane Katrina. Show all posts
Showing posts with label Hurricane Katrina. Show all posts

Separating natural & environmental disasters

The twin natural disasters that struck Japan this month, earthquake and tsunami, left a trail of devastation in their path. Entire villages were lost. The death toll currently stands at more than 8,000 but is expected to rise much higher (more than 13,000 are missing). (Prior posts here and here.)
Even as survivors struggle for shelter, warmth and food, the natural disasters are being rapidly overshadowed by the unfolding disaster at Japan's Fukushima Daiichi Nuclear Power Station. (right) (photo credit)
The key difference is that the nuclear disaster didn’t have to happen.
The earthquake, the tsunami, and the nuclear meltdown are all wrapped up together right now as one big human tragedy. But it is important not to blur the lines between risks that are inherent to living on planet earth, and risks that we have created for ourselves. Natural disasters like earthquakes, hurricanes or tsunamis are woven into the very fabric of the earth’s geological systems. There is no way to avoid them, though obviously we can take steps to minimize their impacts.
Anger after Hurricane Katrina was not directed at the hurricane for forming and coming ashore, but at the federal, state and local governments for failing to prepare and respond adequately, and at corporate priorities that devastated Louisiana’s (protective) wetlands in order to facilitate shipping. (left) (photo credit) But for those human decisions—to channel the Mississippi in a fashion that prevented soil accretion; to cut channels through the marshes; to underinvest in the poorer parts of New Orleans; to neglect adequate evacuation planning—the natural disaster might never have become a human catastrophe.
Environmental disasters, by contrast, are catastrophes that flow directly from human-created risks.
In Japan, Reactor #3 may already be releasing MOX (mixed oxide), and all six reactors at the site are compromised, with at least three in partial meltdown. One of the most surprising aspects of this disaster has been our collective inability to get accurate information about the quantity of radiation that has been released, and how dangerous it might be. Turns out the radiation detectors were dependent on the same sources of power as the reactor cooling system, making them unavailable just when they matter most. While it may be unclear how much radiation has been released, both the Japanese government and Tokyo Electric have acknowledged that the released radiation is potentially fatal.
How does this disaster fit with industry assurances that nuclear power is safe and clean? It turns out the roots of this crisis date back to a 1973 decision by the Atomic Energy Commission (predecessor agency to the Nuclear Regulatory Commission) that
'the environmental effects of the uranium fuel cycle have been shown to be relatively insignificant.'


In 1978, the U.S. Supreme Court upheld this decision—shutting the door to rigorous assessment of the environmental threats from spent nuclear fuel. At issue in the case, Vermont Yankee v. NRDC, was the AEC’s fuel cycle rule—which had concluded that the environmental effects of spent fuel rods would be so negligible that they could safely be disregarded. At a 1973 hearing on this fuel cycle rule, environmental groups raised the question of what would happen if a disaster caused the water cooling system for a spent rod storage facility to fail. Speaking for the agency, Dr. Frank Pittman responded that it would take a week for the cooling water to boil away, allowing time for “various corrective actions” to be taken. These corrective actions remained conveniently unspecified.
Now we see why.
In the wake of the earthquake and tsunami, all six of the Fukushima Daiichi reactors lost power, and the backup generators failed. Thus these reactors were left in exactly the plight environmental groups predicted in the 1973 hearing. With the risks of catastrophic meltdown looming, Tokyo Electric found itself with neither the time nor the capacity to implement “various corrective actions.”
In desperation, the Japanese military resorted to dropping seawater via helicopter, and Japanese police re-purposed water cannons from riot control to reactor cooling.
These last-ditch measures harken back to BP’s similarly flailing attempts to cap the gushing Macondo well. (right) The BP oil spill, which killed 11 workers and created one of the worst environmental disasters in United States history, flowed from a lethal combination of corporate greed, operational hubris and lax government oversight. (photo credit) I suspect we’ll find the same to be true in Japan. In both disasters, the economic, human and environmental toll is still being tallied, but will be immense.
Japanese regulators will inevitably face the same question American regulators faced after the BP oil spill: Why are we finding out that there is no Plan B only after disaster has struck?
It is foreseeable that a nuclear plant in an earthquake zone might lose power, and that its auxiliary backup generators might fail, just as it was foreseeable that a blowout protector might fail and thus not stem a gushing oil leak. In fact, not only were these disasters foreseeable, they were actually foreseen. It has been three decades since scientists inside the Nuclear Regulatory Commission first warned of design flaws in the Mark I reactors used in Fukushima. And, the scenario unfolding there is precisely the situation that Dr Pittman so blithely dismissed in 1973 -- that of a catastrophic accident causing the kind of containment system used at the Fukushima Daiichi facility to fail, subjecting everything and everyone nearby to dangerously high radiation. Similarly, almost a decade ago the Coast Guard began warning (p. 22-23) that oil companies were not developing adequate clean-up technology to keep pace with their newly acquired deep drilling capacities.
Yet, those warnings fell on deaf ears.
In both situations, regulators charged with protecting the public and the environment willingly accepted industry assurances not only that disaster would not happen, but also that it could be easily managed if it did. The corporations seeking regulatory approval made safety claims they could not back up, and the regulators too readily went along. This corporate equivalent of “don’t worry your pretty head about it” infects virtually every industry—leading to a dearth of worst case scenario planning. The local communities and the environment bear the brunt when things go disastrously awry.
It is the self-inflicted nature of the wounds that makes environmental disasters particularly galling.
► Yes, it was BP that cut corners in drilling the Macondo well.
► Yes, it is Tokyo Power that stored more than 11,000 spent rod assemblies at the Fukushima Daiichi site. (Incidentally, there are 23 boiling water nuclear reactors in the United States that share the same Mark I containment system design as the crippled Japanese reactors.)
► And yes, the corporate actors in charge of those facilities made these choices with an eye toward profit.
► But, to the extent that we demand cheap and reliable energy, we are all complicit.
The line of causation between the glittering lights of the Ginza and the unfolding Fukushima Daiichi disaster is fairly direct, as is the connection between the millions of U.S. automobile owners and the BP oil spill. In a very real sense, our insatiable thirst for more energy to power our growing collection of televisions, air-conditioners and electric toothbrushes is also responsible.
That means that fixing the problem has to proceed on both fronts at once.
► Clearly government agencies need to be re-invigorated and re-inspired. We can no longer allow politicians to dismantle our regulatory agencies under the false pretense that private actors, pursuing private ends will voluntarily safeguard the public interest. We must adequately fund oversight and enforcement of existing safety and environmental laws, and improve them where they are lacking. We must also stop the revolving door that corrupts agency values and leads regulators to confuse industry interests with the interests of their true client—the public. A hollowed out government cannot ensure public safety.
► At the same time, we also need to learn to slake our energy thirst, and thereby remove the political justification (and economic incentive) for these risky gambles.



(Cross-posted at CPRBlog)


Read On! Zeitoun

(Read On! ... occasional posts on writing we're reading)

Feel a bit late to the table commenting on Zeitoun, the 2009 book by Dave Eggers. Blurbs on and in the paperback edition indicate that a host of reviews named it a best book of last year. Yet it's new to me, and worth a word or 2.
In Zeitoun Eggers writes at the overlap of fiction and nonfiction, novelizing the "true story" of persons whom he's interviewed extensively. It's a technique he also employed in What Is the What (2007), an epic biographical novel/autobiography of a man who'd been a Lost Boy during the war in Southern Sudan. Zeitoun is slimmer and makes no claim to autobiography; in this author's humble opinion, the newer book works less well, and perhaps that is one reason why.
(Eggers deserves much credit for his Voice of Witness efforts to publish stories of victims of human rights violations, and for his establishment of charities, like The Zeitoun Foundation, to continue his books' good works.)
The new book's principal characters are the Zeitouns, a Syrian-born husband of Arab heritage and his Louisiana-born wife of European heritage. Their home is New Orleans. Both are Muslims --he by birth, she by conversion shortly before meeting him -- and both suffered during and after Hurricana Katrina.
Eggers tries to present the story through the eyes of this couple, but the narrational voice remains his own. Thus at times certain passages, like that which attributes to the wife a reference to Islam, Judaism, and Christianity as "not-so-distantly related branches of the same monotheistic Abrahamic faith" (p. 66), lack an authentic ring.
Perhaps it's because of the Eggers' apparent outrage at how the couple were treated. That outrage is entirely appropriate, but his desire to explain the couple and their family, to contextualize their experience, occasionally gets in the way of their story. To name another example: even if it had been made far less overtly, caring contemporary readers would get the Guantánamo comparison that underlay the husband's travails and his wife's traumatic response to them.
That said, any caring reader will profit from pondering the story of the Zeitouns. It is, as Eggers recognizes, inevitably a story of contemporary policy and practice regarding human and national security.

Look On! Hurricane Katrina Documentaries & Series

(Look On! takes occasional note of noteworthy films.)

To commemorate the 5th anniversary of Hurricane Katrina's impact on the Gulf Coast of the United States, here is a quick selection of documentary and fictionalized accounts. All well worth seeing. Previous Intlawgrrls posts on Hurricane Katrina appear here and here. ►Coming Home: The Dry Storm (2009 documentary by filmmaker Michele Stephenson and the National Economic and Social Rights Initiative documenting housing rights activism by MayDay New Orleans)
►Frontline: Law & Disorder (2010 documentary investigating allegations of police brutality and murder post-Katrina)
►If God Is Willing and Da Creek Don’t Rise (2010 follow-up to Spike Lee's earlier documentary on Katrina; includes New Orleans’ Saints’ symbolic Super Bowl victory and impact of BP oil spill on region)
►Treme (fictionalized HBO series set and filmed in post-Katrina New Orleans neighborhood known for its rich and complex cultural and political life) (See also Intlawgrrl Diane Marie Amann’s post on Treme here.)
►Trouble the Water: It’s not about a hurricane. It’s about America.
(Tia Lessin and Carl Deal award-winning 2008 documentary; site includes community-based activist materials)
►When the Levees Broke: A Requiem in 4 Acts (Director Spike Lee’s 2006 documentary)

"Now is the Time:" Human Rights in the U.S. and Katrina 5 Years Later


This weekend presents both a time of remembrance and an opportunity to begin again.
29 August 2010 marks 5 years since Hurricane Katrina (soon to be followed by Rita) struck the Gulf coast of the United States. That disaster, one of many that devastates millions throughout the world each year, revealed catastrophic failures of federal, state, local, and private responsibility to the poorest people in one of the most highly-resourced countries in the world. It demonstrated that life chances are not necessarily determined only by which country one lives in, but also by where one lives on the socio-economic ladder in a divided society. It is the poorest and most vulnerable who bear the brunt of governmental failures to protect or fulfill rights. They also suffer from the deliberate effects of greed, neo-liberal privatizations, corruption, racial prejudice, and violence.
A Human Rights Lens
Shortly after the storm, Jeanne Woods and I submitted a statement
to the UN
on the need for international human rights scrutiny on what was essentially a man-made and continuing disaster. The UN Independent Expert on Extreme Poverty and Human Rights, Arjun Sengupta, was holding hearings in Baton Rouge, Louisiana at which survivors from all walks of life, lawyers, and human rights activists testified about Katrina's aftermath. Sengupta's report, Extreme Poverty and Human Rights: A Mission Report on the United States is available here.
That mission was to be followed by further efforts among local organizers to attract international and national attention to past, present, or potential U.S. human rights violations in the region. Reports, press releases, and official statements were issued by the following:
►the United States Human Rights Network
►Independent Expert on Minority Issues, Gay McDougall & Special Rapporteur on Adequate Housing Miloon Kothari
►the United Nations Committee on the Elimination of Racial Discrimination
►Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia, and Related Intolerance, Doudou Diene
►Special Rapporteur on the Right to Adequate Housing, Rachel Rolnik
Grassroots groups organized peoples’ tribunals to air continuing grievances and government failures to respond to the needs of the majority of survivors. (See here for a statement arising out of the 2007 International Tribunal on Hurricanes Katrina and Rita and here for continuing advocacy by the Katrina Information Network about post-Katrina and BP oil disaster human rights issues.) I've reflected on these human rights efforts in Race, Class, and Katrina: Human Rights and (Un)natural Disaster, in Environmental Justice in the New Millennium: Global Perspectives on Race, Ethnicity, and Human Rights (Filomina C. Steady, ed., 2009)
Linking Human Rights and Disaster
In the early days after the disaster, friends and colleagues asked “What does a storm have to do with human rights?” Certainly, international human rights standards cannot prevent, or provide a single effective response to, a storm or a massive oil gusher in the Gulf, toxic waste releases in Mossville, Louisiana, an earthquake in Haiti, or floods across Pakistan. But international legal standards recognize or impose obligations on state and non-state actors to respect, protect, and fulfill the human rights of individuals and groups before, during, and after such natural and man-made disasters. See, for example, the UN’s Guiding Principles on Internal Displacement.
Lessons Learned?
Civil and Political Rights.
Katrina showed us how historical and contemporary discrimination results in racial and ethnic disparities in housing, education, and access to jobs and healthcare. We saw how minority status, internal displacement, and poverty can effectively strip individuals of their rights to vote or to participate in decision-making about rebuilding efforts. We learned that police and criminal justice systems intended to protect the security of communities can be abused or corrupted by some to turn against those same communities when an emergency occurs.
Economic and Social Rights. We saw how crucial hospitals, nursing homes, clinics, and other physical and mental health facilities are to the survival of any community. The poorest suffered the effects, not only of the disaster itself, but also the loss of medical records, regular doctors’ visits, access to medicines, and mental health care as mortality and morbidity rates rose from suicide, treatable diseases, and barriers to disability access. Rental housing was priced beyond reach, insurance claims unpaid, and viable public housing demolished. Workers’ rights to decent wages and safe working conditions were ignored in some rebuilding efforts. Even obvious lessons about the implications of environmental abuse on human and other life forms seemed to remain largely unlearned—workers were exposed to toxic construction materials and survivors to toxic FEMA trailers. Now the BP oil catastrophe has exposed clean-up workers to further contaminants.
Cultural Rights. Katrina also illustrated the importance of the right to participate in cultural life. Many focused on the city of New Orleans, influenced at one time or another by Native American traditions, the TransAtlantic slave trade, French colonialism, African-American traditions, Cajun traditions, Haitian traditions, jazz, blues, Catholicism, Mardi Gras, fisheries and seafood industries, and much more. These rich traditions were cultivated over generations and extended neighborhood and family networks that are recognized and to be protected under human rights norms.
Another Anniversary
Perhaps not coincidentally, 28 August is the anniversary of the great March on Washington for Jobs and Freedom. Rev. Dr. Martin Luther King’s “I Have A Dream” speech at the Lincoln Memorial in Washington was a historic call for the United States to make its constitutional aspirations a reality for all Americans, including African-Americans. King saw an end to poverty and the protection of economic rights as an important aspect of his dream of justice.
But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so, we've come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice. We have also come to this hallowed spot to remind America of the fierce urgency of Now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. …Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.
For many, the images of Hurricane Katrina were a resounding indication that King's dream, either with regard to racial equality or economic justice, had yet to be realized.
Human Rights in the United States: Under Review
On 20 August 2010, the United States released an important report on its compliance with international human rights standards. Under the UN Human Rights Council’s Universal Periodic Review (UPR) process, the U.S. will be subjected to formal human rights scrutiny on 5 November 2010. (A U.S. Department of State webpage available here provides links to the official country report, summaries of civil society consultations, and summaries of the UN process.) In preparation for this historic review, a coalition of U.S. NGOs organized by the U.S. Human Rights Network has compiled 24 reports on human rights conditions as of April 2010 available here.
Five years after Hurricane Katrina, and nearly 50 years after Dr. King's speech, a quick read of these reports indicates that there’s still a great deal yet to be learned to make the full enjoyment of human rights a reality in the U.S. At least, the U.S. has begun to recognize the importance of shining the human rights light on its actions at home as well as abroad.

The work of the U.N. minority issues expert

(My thanks to IntLawGrrls for this opportunity to contribute this guest post on my current work on behalf of the United Nations)

► This week I sent a letter, along with my colleagues who work on torture and arbitrary detention, to China. We challenged the Chinese government either to explain how its detention of two ethnic Uighurs complies with international law or to release the two urgently. China acknowledges having upwards of 40 different ethnic and religious minorities, in addition to the Tibetans, who face varying levels of oppression and repression.
► Next week I leave for a mission to Kazakhstan.
► Last year this time I was in Guyana, investigating the multi-layered relationships between the Indo-Guyanese (persons of East Indian descent), who currently control the government, and the Afro-Guyanese, who are almost the same percentage of the population but feel persecuted and grossly disadvantaged.
► In France, I saw a country that tourists never see. The lives of the “visible minorities” of France, persons who immigrate from North Africa, Asia, and the Caribbean to the shoddy, ghetto suburbs outside Paris, can’t been seen from the Eiffel Tower. They face discrimination at all levels. They are suspected and feared because of their religion. And even those who are second-generation citizens are never, ever considered “French.”
Since 2005, I have done this work in my capacity as U.N. Independent Expert on Minority Issues. I was appointed to the position by the High Commissioner for Human Rights with the consent of all governments that were members of the U.N. Human Rights Council (née Commission on Human Rights). There are over 40 individuals like myself, from all regions of the world, who are chosen to carry out this critical function for the chief human rights mechanism of the United Nations. Each has a mandate to focus on a specific human right. My mandate is to focus on the rights of minority populations. They are defined as groups that are distinct by ethnicity (race), religion or language and who have an inferior power relationship to other groups in the society. The relative numbers aren’t as meaningful as the subservient power status. So that:
► In South Africa during apartheid, my mandate would have been the protection of the African population, rather than the Afrikaners.
► In Brazil, I focus on the Afro-Brazilians even though the government now admits that they may be 55% or more of the population.
Furthermore, the U.N. resolution authorizing my work requires that I take “a gender perspective” in everything that I do. Each year I visit a number of countries where I am received at the level of a Cabinet Member or Minister of State. That gives me an unparalleled opportunity to engage the top officials in countries about their policies regarding minorities. And, of course, I am able to meet with minority communities, with academics who study these issues, and with civil societies more broadly. I present my findings, evaluations and detailed recommendations to the 47 governments that sit on the U.N. Human Rights Council. I also do thematic reports on issues that concern minorities across all regions of the world, like minorities and poverty or minorities and the right to education.
Of course, my mandate also includes minorities in the United States. Indeed, U.S. civil rights laws and my personal experiences as a minority in the United States have enriched my capacity to grapple with the complexities of discrimination as they present themselves in other cultures and countries. When I take on issues here in the United States, however, that home-grown expertise is rarely acknowledged.
An example: The U.N. Special Rapporteur on Housing and I intervened a while back when the City of New Orleans revealed a post-Hurricane Katrina plan to tear down much of the its remaining public housing. Our assessment was that to do that would violate the right to adequate housing that is guaranteed without discrimination by the Universal Declaration of Human Rights. The local response? New Orleans' daily newspaper, the Times-Picayune, accused me of being a meddling outsider “idiot from the U.N.”

Blueprint to bring human rights home

Soon after the election, IntLawGrrl Connie de la Vega posted a moving call for the United States to reaffirm the commitment it made 60 years ago by endorsing the Universal Declaration of Human Rights.
Just before the election, the American Constitution Society released a road map on how America might do just that.
In 33 pages, Human Rights at Home: A Domestic Policy Blueprint for the New Administration traces the history of the U.S. commitment and recent shortcomings evident in, for example, the mistreatment of persons detained in the wake of 9/11 and in the failure to protect its own nationals in the wake of Hurricane Katrina. (It's a litany not unlike that which I set forth in this essay, published earlier this year.) The ACS report, written by our colleague Catherine Powell (right) of Fordham Law School, then recommends ways that the new President could set the United States back on a human rights path. A few examples:
► Issue an Executive Order (proposed text at Appendix B) reconstituting the Interagency Working Group on Human Rights, 1st established in 1998, as a means to coordinate federal governmental "promotion and respect of human rights and the implementation of human rights obligations in U.S. domestic policy";
► "Seize opportunities" to act soon to reaffirm obligations the United States already has shouldered by continuing reporting dialogue respecting the International Convention on the Elimination of All Forms of Racial Discrimination (subject of an IntLawGrrls series);
► Establish 2 types of human rights bodies, the 1st the Interagency Working Group, which would implement human rights domestically, and the 2d, a new, nonpartisan, independent body that would monitor compliance with human rights laws; and
► Support ratification of human rights treaties, with all necessary implementing legislation, such as, to cite a few examples, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of Persons with Disabilities (also the subject of an IntLawGrrls series), the American Convention on Human Rights, the International Convention for the Protection of All Persons from Enforced Disappearance, and the International Covenant on Economic, Social and Cultural Rights.
I'm proud to have served on the Blueprint Advisory Board along with a host of other academics, NGO representatives, and former government officials, all named in Appendix A.
Looking forward now to seeing some of those recommendations take root here at home.

Storms Over the Caribbean

Those of us in the U.S. who monitored the tracks of recent hurricanes and tropical storms Fay, Gustav, and Hanna continue to worry about the impact on the Gulf region of the United States, Florida, and the East Coast.
New Orleans, still recovering from the effects of 2005 Hurricane Katrina and the governmental neglect, abuse, and discrmination that intensified its horrific effects, remains of particular concern.
This time, federal, state, and local officials appeared to act quickly: millions were evacuated in advance (and were provided some means to do so) and better public and private services were in place. Still, damage to homes, businesses, and lives is extensive. Years after Katrina, survivors are still suffering from slow assistance for housing repairs or replacement, lack of health care, and educational access for children. Officials have yet to recognize these concerns as human rights issues.
Now Hurricane Ike threatens the region again. Evacuees from New Orleans deliberate whether to return in the face of new hurricane threats (or how to survive economically if they delay returning).

Keeping the Caribbean Visible
Those who have relatives or friends in the Caribbean watched in horror as initially brief news reports also indicated that Caribbean islands such as Haiti (credit for photo above left: Oxfam) (the poorest nation in the Western Hemisphere and already subject to a UN peacekeeping mission as a crucible of international political, strategic, military, and economic conflict), Cuba, and the Turks and Caicos received multiple direct hits within days of each other.
Even those small island governments that have tried to follow international guidelines on risk reduction, disaster preparedness, and treatment of internally displaced persons, cannot address the overwhelming scope and rapidity with which these disasters have occurred.

Information and Ways to Help
Caribbean-Americans in U.S. immigrant communities are already doing what such communities always do -- calling or e-mailing relatives and friends (if lines still work), sending money to repair or rebuild homes, and packing up medicines and clothing to repair lives. But the need is massive, particularly in Haiti. In that country alone hundreds have died in the city of Gonaives. According to news reports this morning, 80 per cent of the homes in Turks and Caicos sustained serious damage, as did key businesses. Obviously, the aftermath will require long-term commitment.
Here are a few resource sites, but readers should feel free to add information in the comments section:
► CNN List of Private Aid Agencies (International and U.S.)
► ReliefWeb (professional coordination site for humanitaran agencies)
► Oxfam (update page on Haiti)
► UN Office for the Coordination of Humanitarian Affairs
► Internal Displacement Monitoring Centre
► Guiding Principles on Internal Displacement


Obama: It's About Us...


(Warning: This post has very little to do with international law. Instead, it’s about all those people with tears in their eyes in living rooms, bars, classrooms, conference centers, and a big sports arena in Denver, Colorado, on Thursday night. It’s about the smile on my mom’s face (she doesn’t get to smile often enough) when she got a glimpse of Senator Barack Obama at a campaign event last winter... Or maybe it is about human rights after all.)

Then and Now
As a child of the 60s and 70s, I was constantly instilled with the belief that individuals or groups could change the world. The problems of the day were clear even to children — war, racism and apartheid, sexism, violence in streets and homes, political corruption, abuses against immigrants, and grinding poverty in urban centers and rural valleys.
But the sense that we could participate in broad social movements and thereby could DO something about these things was palpable. We had the optimistic expectation that grassroots action and organized political pressure on governments could result in real change.
This sense of commitment to social justice was both substantive and enmeshed in popular culture. People flashed peace signs and Black power salutes to strangers on the street. We called each other “sister” or “brother.”
Women marched for “liberation” and passage of the Equal Rights Amendment. Music and art called for cross-cultural and cross-gender respect and dialogue.
Young people joined the Peace Corps.
Civil rights laws were passed, a massive anti-war movement took place, and anti-poverty, early childhood education, and healthcare programs were organized. Mrs. Fannie Lou Hamer, Vice-Chair of the Mississippi Freedom Democratic Party (see photo left: courtesy of UBM.com), testified about state-sanctioned racism and violence at the Credentials Committee before the 1964 Democratic National Convention in Atlantic City, New Jersey. (Prior IntLawGrrls post here; click here for audio and text of speech). Congresswoman Shirley Chisholm spoke out in favor of the Equal Rights Amendment and ran for President (lower right). (Prior IntLawGrrls post here.)
Such efforts had their successes and failures, as have the movements that came before them. Since then, however, we’ve seen the Gulf War, the September 11 crimes against humanity, the Iraq War, the Rwanda genocide, “ethnic cleansing” in the violent disintegration of the former Yugoslavia, systematic rape and sexual violence in the Democratic Republic of Congo, the Darfur genocide, and other violent conflicts throughout the world.
We’ve seen governments fail to protect the economic and social rights of the poor, persons with disabilities, the elderly, and other marginalized groups among us on a daily basis, as well as during massive crises such as Hurricane Katrina and Cyclone Nargis in Burma. We’ve seen too many young men in prisons or hospital emergency rooms who should have been in high school classrooms.
Fundamental human rights are under attack. Over the last 8 years, the absolute legal prohibition on torture under international law and the international and domestic laws protecting privacy and due process have been put up for grabs.
So, instead of the urge toward social change, a sense of cynicism, helplessness, and despair began to pervade the atmosphere and our popular culture. That included those of us in the academy.

“Rock Star” or Leadership?
What many pundits missed from the beginning about Senator Barack Obama’s presidential campaign is that Americans need to believe that THEY can do something that matters again. All the remarks about “rock star” status and “Obamania” aside, it is that desire that primarily motivates the crowds to show up in Iowa and New York, Wisconsin, and Illinois, South Carolina, Oregon, and now, Colorado.
Charges of “elitism” ring hollow. If anything, Obama’s life story fits the classic American Dream narrative instead. African-American son of a white working-class single-mother and a Kenyan immigrant rises to attend Ivy League schools on scholarship and loans. He ends up vying for the presidency of the United States. Elitism involves looking down on, or mistreating, others because of class bias, not whether one did well at a high-profile university.
Of course, many are engaged by the senator’s individual charisma, intelligence, oratory, and political savvy. We tend to be an image-driven society after all.
But when I talk with young and older people who are committed to the campaign, it is apparent that they have a sense of relief and renewed energy. Even the young felt beaten down and silenced by immoral and illegal official policies, unreliable or superficial news coverage, fears about relatives and friends sent off for third deployments in an ill-conceived war, anger that Americans had become hated targets for some, and frustration that the promises of the American Dream are still largely unattainable for most poor, working-class people, and people of color.

“Yes We Can”
That is why, like some other crusty skeptics of my generation, I found myself in tears in front of my computer when I first saw the “Yes We Can” music video making the rounds on the internet (and about which IntLawGrrls posted here). Nice song, yes. Stylish images, yes. Famous young entertainers, yes (although I was sufficiently out of touch not to know who most of them are). And evocative of Martin Luther King Jr.’s great oratory. (IntLawGrrls posted video examples of Dr. King's speeches here and here.)
What was most moving, however, was the evidence that young people had been inspired to believe that THEY, in diverse coalitions, could help create social change. Everything was possible.

The End of Racism? Or A Step in the Right Direction?
The Iowa primary was another such moment. No matter what followed, the buzz on the phonelines and e-mails was that change is possible. Possible, despite pundits that said racism would always prevail in presidential elections. Possible, despite the ingrained belief that voters would never think outside traditional race, class, and gender demographic expectations.
Yet, neither Obama himself, nor the rest of us can believe that a single primary, nomination, or election victory signals the end of racism in the United States. There are some who prefer to believe this, I know. But every long-time activist is aware that the ascendancy of “firsts” are an important beginning, not the end. Real change is broad, deep, and complex.

History
Still, it is those historic and symbolic moments—Rev. Dr. King proclaiming his dream for America in Washington, DC, and his vision for an end to the war in Vietnam and an end to poverty at home (click here for audio of his “Beyond Vietnam — A Time to Break Silence” speech) and the Obamas’ potential to be the First Family of the United States — that inspire us all to keep working for change.


Look On! "Tremé" & Plessy

(Look On! takes occasional note of noteworthy films.)

'I know I am not an American citizen in the eyes of the powers that be.'

With these words the story of an historic New Orleans neighborhood comes full circle.
It was in this neighborhood that even before the Civil War hommes de couleur libré -- free people of color -- led lives of style and culture. It was in this neighborhood that fiery journalists published periodicals calling for equal citizenship. Prompted by their calls, a man of African and European ancestry, Homère Patris Plessy (left), dared on this day in 1892 to defy a new segregation law by sitting in a "white" car. As posted here, his test case ended when the Supreme Court held 8-1 in Plessy v. Ferguson (1896) that the Constitution permitted state-mandated segregation as long as facilities were "'equal but separate.'" That decision held sway until Brown v. Board of Education (1954); Plessy's New Orleans home nonetheless continued to thrive as "the oldest black neighborhood in America, the birthplace of the Civil Rights movement in the South and the home of jazz."
Plessy's story is the story of this neighborhood, just as this neighborhood's story is Plessy's. Both are told beautifully in a just-released film that bears the neighborhood's name, "Faubourg Tremé." I saw "Tremé," subtitled "The Untold Story of Black New Orleans," at the San Francisco International Film Festival, where it won a much-deserved Golden Gate Award for Best Bay Area Documentary. The film is screening in the same city again today and elsewhere in the United States in the next months, and is available as well on DVD (right).
Producers Lucie Faulknor, Dawn Logsdon, and Lolis Eric Elie began "Tremé" well before August 29, 2005, the date that water surging in the wake of Hurricane Katrina broke levees and flooded much of New Orleans. The damage done to Tremé and its people thus forms an unsettling frame around the picture the producers initially set out to paint. In pre-Katrina footage neighbors are upbeat, proud of their home. After Katrina they are sapped of spirit. Some leave for good. The grief of those who stay is palpable. One is Louisiana Poet Laureate Brenda Marie Osbey (right). Another is is Glen David Andrews, who speaks of how music saved him from a rough life on the street. He is jubilant as he plays his trombone for the neighborhood. But that is early on. An interview with Andrews soon after Katrina shows that the government's failure to protect him and those close to him left him utterly at a loss. It is he who says:

'I know I am not an American citizen in the eyes of the powers that be.'

In Andrews' words one hears an eerie echo of how Plessy must have felt on reading the Supreme Court's ruling 112 years ago.



(Cross-posted at Slate's Convictions blog)

UN on Katrina, Race, and Housing

Will "naming and shaming" the United States of America help displaced survivors of Hurricanes Katrina and Rita? Human rights advocates hope that this traditional human rights strategy will draw more attention to the lack of public and affordable housing in New Orleans and other parts of the U.S. Gulf Coast. (credit for 1st & 3d photos (c) 2007; Mavis Young)
They've made an important first step.
The UN Independent Expert on Minority Issues, Gay McDougall, along with the UN Special Rapporteur on Adequate Housing, Miloon Kothari, issued a press statement this week outlining serious concerns about U.S. government actions post-Katrina. The unusual statement followed a Geneva meeting of the UN Committee on the Elimination of All Forms of Racial Discrimination to discuss the most recent U.S. periodic report. Shadow reports from human rights NGOs and representatives of indigenous peoples documented the continuing displacement, racial discrimination, shortages of health and human services, and labor abuses still pervasive in the Gulf region. (In photo below left, the U.S. delegation meets with NGO representatives. For more on this issue, see, e.g., "Race-ing Human Rights" and posts by Diane Amann and Jaya Ramji-Nogales previously posted on IntLawGrrls.)
Housing rights activists have been protesting the closing of public housing units in predominantly African-American and poor neighborhoods in New Orleans (below right). They charge that some housing stock can be renovated rather than bull-dozed and that rebuilding plans do not provide for replacement of lost public housing units one-for-one.
The UN Statement captures the Catch-22 facing many New Orleans residents or former residents. There is a shortage of adequate, affordable housing thereby making it difficult or impossible for some former residents to return. Yet, if housing is to be repaired or rebuilt, government officials focus primarily on housing that is even less accessible to African-Americans and the poor (many of whom are women with children) than had previously been the case. Some officials then argue that far fewer public or low-income housing units are necessary because so few are able to return.
UN experts McDougall and Kothari noted that decisions by the U.S. Department of Housing and Urban Development and local government
would lead to the demolition of thousands of public housing units affecting approximately 5,000 families who were displaced by Hurricane Katrina. The demolition of the St. Bernard public housing development apparently commenced the week of 18 February 2008 and others are planned for the Lafitte, B.W. Cooper, and C.J. Peete public housing developments.
Although some believe social and economic matters such as health care, education, and adequate housing are only relevant for humanitarian efforts outside the U.S., these fundamental human rights should be respected and protected within U.S. borders as well. For example, Principle 28 of the morally and politically binding Guiding Principles on Internal Displacement emphasizes that those most affected by disaster have a right to return and to participate in rebuilding and restoration planning:
1. Competent authorities have the primary duty and responsibility to
establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country. Such authorities shall endeavour to facilitate the reintegration of returned or resettled internally displaced persons.
2. Special efforts should be made to ensure the full participation of internally displaced persons in the planning and management of their return or resettlement and reintegration.
The Guiding Principles prohibit discrimination on the basis of race, sex, language, and disability in the recognition or protection of the human rights and humanitarian principles it promotes. Further, the International Convention on the Elimination of All Forms of Racial Discrimination prohibits (under Article 5(e)(iii)) racial discrimination in the enjoyment of the right to housing.
Natural disasters devastate all in their path, without regard to race, gender, age, or class. But the unconscionable performance of some U.S. federal, state, and local officials before, during, and after Hurricanes Katrina and Rita illustrate that some disasters may have unnatural consequences. Systematic racial discrimination and neglect, policies that abandon millions to grinding poverty, and cynical disregard for the needs of persons with disabilities and the elderly can limit the ability to escape and can intensify the length and severity of the disaster's impact. Such governmental failures to comply with international humanitarian and human rights standards can have a disproportionate effect on marginalized or stigmatized groups in our society--racial and linguistic minorities, the poor, the elderly, women, and children. The risks to them cannot be taken for granted by the U.S. government or any other. Governments must undertake affirmative measures to ensure that those groups likely to be disproportionately affected by emergencies can fully participate in planning, resource allocation, and rebuilding efforts. That is the only way to protect their human rights fully.

On August 29, ...

... 2005, Hurricane Katrina hit New Orleans, causing extensive damage, much of which has yet to be repaired 2 years later. An excellent study of the aftermath is Rebuilding After Katrina: A Population-Based Study of Labor and Human Rights in New Orleans (2006), a joint project of the University of California, Berkeley, and Tulane University.
... 1842 (165 years ago today), Queen Victoria of Britain and China's Qing Emperor concluded the Treaty of Nanking, which ended an armed conflict between the 2 countries, one that would come to be known as the First Opium War. The war had begun in 1839, after China destroyed thousands of casks of Indian opium intended for sale by the British in China, contrary to a ban that China had imposed.

Australia's Katrina?

Late last week, Australian Prime Minister John Howard announced wide-ranging policies targeting the sexual abuse of children in the indigenous communities of the island continent's Northern Territory. Responding to his declining position in electoral campaign polls and the report by Northern Territory authorities into the sexual abuse of children in aboriginal communities in Australia's Northern Territory, Howard has taken drastic action: the Northern Territory aboriginal communities will be subject to stringent action banning alcohol and porn, and threatening a reduction in welfare payments to parents who do not adequately provide for their youngsters. In addition, Howard announced that federal law will override territory law, and military and law enforcement personnel would be stationed in Aboriginal communities in the Northern Territory. Further, Aboriginal children will be medically examined for signs of sexual abuse. The report pointed to systemic conditions in the community, stemming from the history of Australia's relationshiop with its indigenous people, and made several policy suggestions for dealing with the situation on Aboriginal communities, none of which appear to be targeted in the newly announced policy.
Opinion polls suggests that there is support for the announced policy and it has not been opposed by the leader of the labor party, who is afraid of losing support on the polls. Mr. Rudder has now resorted to defending his support for Howard. The plan has been met with a wide range of reactions, ranging from suspicion that Howard is trying to jump start his poll numbers, that this is a thinly veiled attempt to re-assume federal authority over resource-rich Aboriginal land in the name of economic activity, and accusations of paternalistic racism. In the face of protests, Mr. Howard has expressly compared the situation in Aboriginal Australia to Hurricane Katrina in the U.S.
Mr. Howard and the Australia public should ask themselves whether, instead of an army of military and law enforcement personnel, an army of doctors, social workers, sociologists and/or anthropologists and some real commitment to understanding and resource expenditure would bring greater benefits to the Aboriginal communities.
 
Bloggers Team