www.theyalejournalofhumanrights.com

At Yale, by the end of the semester, the above image had become the Facebook profile picture of several undergraduate students, especially from the Hispanic and Latin American communities.

It’s true though: whoever he is, he is one cute kid.

On campus, he became the poster child for the protest against Arizona Senate Bill (SB) 1070: Support our Law Enforcement and Safe Neighbors Act.  They joined over 1 million Facebook protesters, 70 American cities, several prominent human rights organizations – including Amnesty International, Human Rights Watch, and the American Civil Liberties Union – and even President Obama in decrying the law, which they claimed made racial profiling permissible and gave police unprecedented power.

I was also predisposed to criticize Arizona senators for passing such an ignorant law, which basically seemed born out of prejudice and racism.  But then I heard this: the contingent of (mostly Democrat) congresspeople who have come out against SB1070 have been criticized by the bill’s supporters for not reading the actual document.  Even Attorney General Eric Holder has admitted to not giving it a read.  So I read the 17- page document here.

Here’s the thing: although the statutes of the bill are largely disagreeable, in my view, what the bill aims to do, is not.  Illegal immigrants, in their poverty and desperation, often become involved in scam “get-rich-quick” schemes – no “money-to-live” schemes – at the expense of their human rights and the right to security of others.  Since they’re illegally in the country, many of them are forced to make a buck in illegal ways.  From drug trafficking to human trafficking, pawns in gang violence to sweat shop laborers, the industries that illegal immigrants are coerced to serve in, pose a real threat to their neighbors (as well as their own livelihoods).  As a recent Newsweek article puts it, “Arizona Isn’t Crazy, Only Wrong”.  The article explains that Arizonans live in real fear: illegal immigrants provide the human resources for extremely dangerous criminals to carry out their dirty work.  So while the illegal immigrants themselves may just be looking for a decent wage to send home to their impoverished families, their presence and their activities on behalf of their employers, is dangerous.  Cracking down on illegal immigrants is a way for Arizona to crack down on the even bigger baddies.

But this new law, is not the way to do that.  America needs a system for immigrants, particularly those from Mexico, to enter the United States legally.  SB 1070 actually presents a setback to the illegal immigrant problem.  Below is the first excerpt that made me doubt the effectiveness of SB 1070.

Section 2: E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

Arresting someone without a warrant gives the law enforcement dangerous arbitrary power.  While the arrest may be motivated by ‘probable cause’, something mandated by the Constitution, this section of the bill may actually further undermine the security of Arizonans by potentially putting innocent people at risk of being arrested.  Given the ambiguity of ‘probable cause’, the fear is that people who look Mexican, (the population that makes up most of the illegal immigrants since they cross over right at the Texas border), may become more susceptible to police harassment.  To me, what is more urgently problematic, is the fact that such a mentality vilifies a particular race of people, generating even more divisiveness and fear.  An entire group of people, even if they are living in Arizona legally, suddenly becomes stigmatized.

Although Governor Jan Brewer has promised that police will exercise discretion in making arrests, and emphasized that we must trust our law enforcement, another aggressive stipulation of SB 1070 counteracts her reassurances that civil liberties will be upheld.

Section 2: G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

According to this part of SB 1070, law enforcement have an incentive to make more arrests, or else face the consequences of communities that are motivated by fear to sue their police forces.  And, on the flip side, illegal immigrants now have even less incentive than before to get in touch with law enforcement if their human rights are being abused by criminals who offer them a chance to stay in America, in exchange for the immigrants’ dignity.  As one Democrat, Tom Chabin, explained SB 1070, “distracts local police from priorities  that keep communities safe.  It distracts them from going after real criminals, and directs their attention to someone who wants to rake someone’s lawn.”

Perhaps a better way to make neighborhoods safe would be to provide a reason for illegal immigrants to notify law enforcement about criminals – an incentive like, a simpler process for naturalization.  Naturalizing immigrants who are not American citizens would not detract from jobs, but in fact enhance our trampled economy;  it would not turn America into a second Mexico but add to the diversity that makes us America in the first place; it would not make America less safe but even more safe.

SB 1070 has a good aim: to reduce human rights violations and secure Arizonans.  But it has a bad strategy: targeting illegal immigrants in ways that jeopardize the rule of law actually enhances the problem.  It does not necessarily lead to the prosecutions of individuals who, living comfortably as American citizens, exploit the impoverished, homeless, scared, and abandoned immigrants coming over the border.

RE: What’s Going on in Puerto Rico
May 16

Hey guys,

I hope everyone finished the semester well and that you’ve had some time to party and relax. I just wanted to share with you a little bit about the political situation at home right now, in case it ever makes it to the press in the US or if you’re interested in hearing about blatant civil rights violations. My family is very personally involved in this, and I wanted to tell you about it.

Three weeks ago the students of the University of Puerto Rico declared a massive strike against the university authorities. They barricaded themselves inside the campuses to protest increases in tuition, drastic budget cuts, irresponsible management of said budget, the politization of the university by the government, the privatization of the (public) university, among other things. In general, they are fighting for quality, affordable public education for all in the country’s only public university system. For the first time in history, all the 11 campuses of the university joined the strike. Professors, workers, alumni, and citizens support them. All the students want is to have proper representation in the negotiations with the administration and the government, who have largely ignored the claims of those who will be most affected by their plans. It’s also worth mentioning that the strike is the result of a democratic student assembly and voting process ratified by the student councils of all the 11 university campuses. It has been repeatedly proven that a large majority of students support the strike, all decision processes have been peaceful, and all manifestations have been properly organized to the last detail. I’ve never seen such a disciplined protest.

My mom is a professor at the UPR law school, and both my parents graduated from the university. I would have gone there (proudly) if I hadn’t received financial aid from Yale. Due to my family’s ties I have a very close allegiance to UPR, and so the government repression that has come to light in the past few weeks is horrifying, and I take it very personally. My parents are both lawyers and they have been closely involved in defending the students and negotiating with the authorities. Needless to say, I’m incredibly proud of them and if any of you ever need legal representation for civil disobedience, you know who to call.

The students have not shown ANY signs of violence, and they have broken no laws by manifesting their right to strike. Yet the government has unleashed riot police to surround the entire campus. There have been several violent altercations involving students, parents, and concerned citizens who have rallied to support the students outside the university gates. The police has pushed and shoved, and, for example, the other day an elderly man, father to one of the students, was taken to the hospital due to a bad gash he received on his forehead after being shoved to the ground by police for bringing food to his son. They have attacked protesters and students with pepper spray, beatings, and unnecessary force.

The students inside the campus depend on sympathizers outside to bring them food and water. A few days ago, the police (meaning the government) issued an order to prohibit the passage of food and water through the gates to the students inside. They want to starve them out of there. Obviously, this is absurdly illegal and a ridiculous violation of human rights. Even convicted criminals are entitled to basic human necessities. The students have broken NO law. Lawyers are filing suits in their defense, and a court date has been set for Monday. Hopefully the court will do something about it, but due to widespread corruption no one is holding their breath.

The silver lining is that this has unleashed an amazing show of solidarity from the entire country. My family and I have been going to the gates everyday to smuggle food to the students when the police isn’t looking (some individual policemen have been awesome and have purposefully looked away), and the amount of food that has been donated is astounding. The other day my dad and I went to buy some sandwiches for the students and when the people at the restaurant found out what it was for, they gave us free liters of soda to take to the protesters. Old ladies are constantly driving up in ratty old cars to donate home-cooked food, and hundreds of people have made simple grocery store runs and have thrown the bags of food and water over the police and the gates. Someone said it looked like “a shower of water bottles.” This morning, a group of very influential artists went up to the police at the gates and demanded to give food and water to the students. When the police didn’t allow it, the artists along with hundreds of protesters started singing patriotic songs. Even Ricky Martin has showed his support, along with many artists and students from all over the world. It truly has been amazing. Tons of lawyers and professors have stationed themselves outside the gates 24-7, to ensure that the police doesn’t get away with more brutality. Labor unions have called for a massive, nation-wide strike on Tuesday in solidarity of the students and to provoke some kind of constructive response from the government.

People have come to understand that the students are fighting for all of us, because we all benefit from an educated and free-thinking society. A society without education is a society of slaves, and we owe our freedom to the students barricaded inside the university gates, bravely facing threats of hunger and violence to uphold those ideals. The past few years have been very hard for Puerto Rico, with 17% unemployment and crime levels nearing South African standards. People are angry and frustrated with a government whose irresponsibility and disinterest borders on the poetic. The students’ struggle is a sign that the youth is anything but alienated, and that we can and will rally the nation to pressure the powers that be to step up.

I’m really sorry for the ramble, and I understand if I just bored some of you to oblivion. I’ve just been a little frustrated with the fact that all of this has escaped the US media, and I wanted my friends to know about it. Obviously mine is one point of view among many, but the situation is deplorable no matter how you look at it.

I hope your summers have had an awesome start, may you all enjoy (un)appropriate levels of debauchery before coming back to school.

Much love.

PS- Less than a month until the World Cup!!!!!!!!!!!!!!!!!!!

Amnesty International in Portugal introduces Tyrannybook.

Plan now to eat at a participating restaurant on Thursday, April 29, 2010 and feel satiated just knowing you are helping in the fight against HIV/AIDS.

DOFL, hosted by Subaru is a one-day fundraising event that last year alone raised over $3.9 million dollars for HIV/AIDS service providers across North America. First held in Philadelphia 20 years ago, Dining Out For Life is now held in over 50 cities in the U.S. and Canada. Over a quarter of a million people dine out at more than 3,500 participating restaurants, which donate a generous portion of the day’s proceeds to their local AIDS agency.

AIDS Project New Haven (APNH), the oldest AIDS service organization in CT, brought DOFL to Connecticut 4 years ago and continues to produce the event as a successful fundraiser. Through the ongoing efforts of APNH Executive Director, Christopher Cole, the CT DOFL has doubled its participation. More than 2,000 diners and over 35 restaurants in Connecticut will participate in Dining Out For Life 2010.

“Dining Out For Life is a great way to make a meaningful contribution to the fight against AIDS while also supporting the hardworking restaurant community—right in your own backyard,” explains TV’s Ted Allen. According to the Centers for Disease Control and Prevention, nearly 7,500 new cases of HIV infections are reported worldwide. “Now more than ever Subaru and its drivers understand the importance of volunteerism and support for charitable and community causes,” states Chief Marketing Officer Tim Mahoney.

For a list of restaurants in your area visit www.diningoutforlife.com (from the map, select New Haven, select Participating Restaurants.

For information on becoming a participating restaurant please contact Fran McMullen at AIDS Project New Haven, 203.624-0947 ext 229 or fran.mcmullen@apnh.org

by Roni Druks

Stop for a minute and think as I paint a hypothetical situation which although grotesque in its over simplification is equally troubling in its historical reality. You are sitting in the cafeteria eating lunch next to one of your friends. You chat about your weekend your holiday plans. The next day you sit down once again with your friend, yet this time over the loud speakers an announcement is made that your companion is part of a treacherous ethnic group and should be killed—military forces are beginning to enforce the new policy, a collective fervor to commit murder fills the room. What do you do?

Our gut response would be that of course we would save our confidant, but numerous case studies of genocide and collective violence suggest otherwise. Indeed, on April 6, 1994, an airplane carrying Rwandan President Juvénal Habyarimana, and Cyprien Ntaryamira, the Hutu president of Burundi, was shot down as it prepared to land in Kigali, transforming the tension between the Rwandan Tutsi minority and Hutu majority into genocide. Over the subsequent weeks as Hutu power station RTLM broadcast propaganda against Tutsis and Hutu moderates, neighbors would kill neighbors, and a total of one million Tutsis and 10,000 Hutus would perish. What remains in regions influenced by collective violence such as Rwanda, Cambodia, and the former Yugoslavia is a potent tension that threatens to incite more violence.

Although options to stop violence during movements of collective violence are often limited, Leora Kahn has devoted her life to preventing genocide by targeting the friction that remains between conflicting groups and raising public awareness about social injustice. On April 9 2010 Kahn shared her innovative approaches to combating collective violence and unique life path at a Master’s Tea co-hosted by Pierson College and The Yale Journal of Human Rights. Kahn began her career working for Vanity Fair as a photography-editor. Yet, when she given an assignment to work on a “butt crack calendar,” Kahn decided to return to the New School to receive her masters in International Affairs, Conflict Intervention, and Peace Building. Currently, Kahn is the co-founder of Proof Media for Social Justice, a non-profit organization, which seeks to inform individuals about humanitarian crises, particularly those of post conflict communities. Through Proof Media for Social Justice, Kahn has utilized photographic essays and documentaries to promote awareness about social justice. As the editor of When they Came to Take My Father: Voices of the Holocaust, Shoot Under Fire, and Darfur: Twenty Years of War and Genocide in Sudan, she has powerfully conveyed the stories of those who have suffered and continue to suffer from moments of collective violence. In Rwanda she has crafted an educational program, which seeks to break down the continuing barriers between Hutus and Tutsis that prevents the development of a sustainable peace. Specifically, by telling stories of Hutus who protected Tutsis during the 1994 genocidal campaign Kahn hopes to prevent the cycle of atrocity. Furthermore, Kahn’s photographic work has been exhibited throughout the world and proved instrumental in the prosecution of Congolese leader Thomas Lubanga at the International Criminal Court for his enlistment of children under the age of 15 in armed conflict.

Although acts of genocide are so atrocious that upon contemplation they seem ludicrous, history has proven that it is an unfortunate reality of the human condition. Completely eradicating violence may not be possible, but Leora Kahn’s work is a testament to the power of creativity and innovation as impediments to humanitarian disasters.

by Shahla Naimi

As we sit in our dorm rooms denouncing countries’ horrendous human rights records, let’s not be so quick to blame the government. Sure, it’s easy and, sure, we look to our governments to secure our homeland. We’ve been born to believe that it is the government’s job to keep us safe and happy.  The government’s role in a citizen’s life, however, is a question for another day. For now, I ask that we consider the other point of view.

Earlier this year, Reuters reported that Afghan refugees in Tajikistan were facing police harassment and not allowed to live in the capitol city of Dushanbe, even though that’s where the prospects of employment are highest. I researched more only to find stories of harassment and marginalization of this often-ignored small group of refugees slowly rising. Between the 1970s and 2008, about five thousand Afghans (primarily of the Tajik ethnic group) settled into Tajikistan. . During only the first half of last year, three thousand new families arrived in Tajikistan. By the end of this year, the United Nations High Commissioner for Refugees (UNHCR) estimates another seven to eight thousand refugees. All of these numbers have been disputed and it’s important to note that the number may have been as high as 15,000 in 2000-2001.

I was quick to blame Tajikistan for their treatment of these refugees. Upon further investigation, though, I learned the extent of Tajikistan’s assistance to Afghan refugees. It seems that initially, I had completely misjudged the situation.

Tajikistan was the last country to close its borders after the U.S.-led intervention in 2001. Say what you will about the legitimacy and effectiveness of Tajikistan’s government, but Tajikistan Foreign Minister Roman Kozhevnikov has called Afghan refugees his citizens’ “brothers” more than once.

As of 2000, Afghan refugees were not allowed to live in Dushanbe (and 14 other major cities) due to fears of illegal activity. UNHCR promptly protested, citing refugees’ right to free movement. This brings up a few interesting questions:

• Considering that Tajikistan has only adopted part of the 1951 Convention Relating to Refugees and its 1967 Protocol, that it is the poorest country in Central Asia and that Tajikistan is barely surviving after its own 14-year civil war, does it seem fair for us to criticize Tajikistan’s actions when we aren’t providing the country with enough support?
• Assuming that Afghans were engaging in illegal activity in those cities, does Tajikistan have a right to remove them from the city, asking them to live in rural areas instead of overpopulated cities with scarce resources? This question is especially significant considering Tajikistan itself has an estimated one million citizens forced to work outside of the country.

I do not know what to make of the Afghan refugee situation in Tajikistan, but continue to fear the prospects of these two states. The International Crisis Group already noted fears that Tajikistan was on the road to becoming a failed state[1] and Afghanistan may just join it on that road. It seems as if these brothers travel together.

There’s a word in Dari, مهربان  (pronounced may-ruh-bahn), that roughly translates to kind-hearted. However, ask any Tajik or Afghan and they’ll note that it means more than just “kind-hearted,” that it implies honor, dignity and sometimes piety. More than one hundred thousand Tajiks found refuge in Afghanistan during their country’s civil war. I can only hope that the citizens of Tajikistan will continue to be مهربان as Afghans flee into Tajikistan. Brothers, after all, have to look out for each other.

Hi,

The month of April marks the 42nd anniversary of the death of Dr. Martin Luther King, Jr. We are commemorating the life and work of Dr. King by creating a memorial in our nation’s capital. The Washington, DC, Martin Luther King, Jr., National Memorial will honor his life and contributions to the world through non violent social change. I’m reaching out to ask if you and your readers would help spread the word by posting about this wonderful project on The Yale Journal Of Human Rights.

I’ve put together this blogger-friendly micro-site to help get the message out – there are videos, photos, banners, and even a web toolbar that, when used, donates money to the creation of the memorial:

http://mlkmemorialnews.org

After years of fund raising, the memorial is now $14 million away from its $120 million goal. This will be more than a monument to a great humanitarian, the National Memorial will be a place for visitors from around the world to share the spirit of love, freedom, and peace. If you are able to post or tweet about this please let me know so I can share it with the team. If you have any questions please pop me an email. And if you are able to help, thank you so much.

Lowell

–
Lowell Dempsey,
BuildTheDream.org
Twitter @mlkmemorial
Facebook.com/MLKNationalMemorial

“An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity”
–Dr. Martin Luther King Jr.

The game is RapeLay, and the goal, as the title indicates, is to rape a teenage girl. You can choose how to do it and where to do it; you can invite friends to join you; you can even impregnate the girl and then convince her to have an abortion.

by Sarah Sloan

Video games often come under attack for promoting or condoning violence. Fighting—in a variety of forms—plays a central role in many video games. These games range from Alien vs. Predator, a science fiction game that takes place on another planet but nonetheless involves killing as a crucial part of the plot, to games like Grand Theft Auto, where players take on the role of criminals in real cities and participate in assassinations as part of their missions. Critics argue that these games encourage violence and lead to aggression, while supporters maintain that no studies conclusively link video games to increased aggression, and that the games actually have positive benefits, like increasing hand-eye coordination.

Personally, I think these video games are disgusting. I’m shocked at their blasé presentation of brutality. Perhaps I’m too sensitive, but I don’t want to be desensitized. To me, it hardly matters whether these games actually increase physical violence or not; what is worrisome is that violence against others is being promoted and consumed by popular culture.

Although I disapprove of these video games and have no desire to play them, I have reluctantly accepted them as part of our society. But a recent video game from Japan goes too far. It is simply unacceptable, and should be condemned and rejected by gamers everywhere.

The game is RapeLay, and the goal, as the title indicates, is to rape a teenage girl. You can choose how to do it and where to do it; you can invite friends to join you; you can even impregnate the girl and then convince her to have an abortion. The reason you are raping her? Revenge—she claimed that you molested her. The game is despicable; rape is a horrific act of violence, not a form of entertainment, and it is never ever justified. Indeed, the game caused an international uproar, and stores soon stopped carrying it. However, unbelievably, games like RapeLay, where raping women is the central objective, are still popular and widely available in Japan, and the internet has allowed them to go viral. Critics have advocated the banning of such games, yet one defender argued that legally these games should not be restricted because doing so would limit freedom of expression.

But the question we need to ask ourselves as a culture and world community is not whether these games can be outlawed, but why these games are being created in the first place. The idea that engaging in graphic simulations of rape is fun baffles and appalls me. Who is playing them? Why are they playing them? And what can we do to make people stop playing them?

Rape is a problem confronting women around the world—from those in the Democratic Republic of Congo to students at Yale. Games that make light of rape absolutely cannot be tolerated, and it is every video game player’s responsibility to condemn them.

Read more about RapeLay here.

APRIL 7th, 7:30PM IN BRANFORD COMMON ROOM