Humanus Fall 2014 by Journal of Human Rights at NYU

Table of Contents : force-feeding in mauritania 5 leblouh tina musigdilok | academic

ariam and nidieska 1 & 4 from a cuban family

The violation of human rights in the israel-palestine conflict

is voluntourism actually beneficial?

ariam and nidieska 5 & 9 from a cuban family

torture and shakespeare

The reduction of islam from a religion to the cause for terrorism

ariam and nidieska 11 from a cuban family

william martin| photography

magi higazy | op-Ed

rebecca mccarthy | op-ed

william martin |photography

komal patel |academic

maxwell smith | Op-ed

william martin| photography

portrayal of the lgbt community in the bible

the inextricable link between climate change and human rights

imagining the death of female genital cutting

position of women in pakistan

ariam and nidieska 2 &12 from a cuban family

privacy and democracy in a digital age

daniella haviv| op-ed

nora rigney | op-ed

artricia rasyid| op-ed

mahnoor jawed khan | op-ed

william martin| photography

ryan koul| academic

letter from the editor komal patel, President Dear Humanus Readers, It has truly been an interesting semester. NYU’s Journal of Human Rights, better known as Humanus, has gone through quite a remodeling over the past few months. When I took over as President and Co-Editor-in-Chief, I had little to work with--no executive board, no members, no budgets from previous years. I’d like to extend a special thanks to our lovely advisor Nanci Healy, without whom this journal would be lost, and also to the wonderful students who stepped up to be a part of this year’s executive board and journal staff. We have been learning how to run a journal together, and though the process has been messy, it has also given us invaluable skills and put our dedication to human rights awareness to the test. Thanks should also be extended to New York University and the Center for Student Activities, Leadership, and Service for offering a stimulating environment in which we could share our experiences, explore our research interests, and promote the principles of human rights which our organization is founded to uphold. Finally, we thank our readers for taking the time to look through our pieces. Human rights, rights that every person is universally entitled to by virtue of being a human, are often overlooked or superseded by both groups and individuals, including nation states, in today’s time. With unequal power relations on local and global levels, human rights are often victim to exercises of power. We only have to look to the United States’ treatment of prisoners in Guantanamo Bay, violence against women in the Democratic Republic of Congo, and child trafficking in India for examples of what this looks like on-the-ground. 3

We dearly hope you enjoy this semesterâ&#x20AC;&#x2122;s publication. In an effort to support eco-friendly publishing, we have created an e-publication this semester. All ten pieces included are the products of months of brainstorming, outlining, writing, and rewriting. Each writer has tackled a human rights issue of his or her own choosing, and their passions have led them to contribute copious amounts of time to this organization despite the multitude of other commitments they have had. Our editors have been extraordinarily helpful in shaping these pieces while juggling event planning on the side. It is, and has always been, Humanusâ&#x20AC;&#x2122; mission to bring to light human rights abuses worldwide through writing and art. We hope that our readers will take away a new understanding of what harm is happening in our society and a deep-seated desire to change it.

a special thanks to... executive board

staff

President: Komal Patel Vice President: Taylor Maloney Treasurer: Rebecca McCarthy Communications Director: Tina Musigdilok Secretary: Ryan Koul

Daniella Haviv Magi Higazy Kavi Huded Mahnoor Jawed Khan Radwa Mokhtar Jiyoon Nam Nora Rigney Anastasia Sanger Maxwell Smith Kate Starr Vivian Yu 4

Leblouh : Force-Feeding in Mauritania tina musigdilok

Earlier this year, a young woman was restrained and force-fed in the display window of a London shop as part of a performance to bring to light the horrors of animal testing. The shock factor was effective â&#x20AC;&#x201C; onlookers were reportedly horrified at what they were seeing, and the cruelties of animal testing were showcased (Zimmerman). Similar discussion also exists for the cruelties of force-feeding geese to produce foie gras. However, what many people may not be aware of is that the practice of force-feeding is not only happening to animals. It happens to humans as well. In the West African nation of Mauritania, girls as young as the age of five are sent to force-feeding camps. At these camps, the girls are

forced to consume large quantities of foods in order to rapidly increase their weight (Harter). They are policed by older women, called â&#x20AC;&#x153;fattenersâ&#x20AC;?, who use various methods, such as inflicting pain, to make the girls eat. At these camps, a girl may consume up to ten times her recommended daily calorie intake (Duval Smith). This practice, known in Mauritania as leblouh, and in other places as gavage or simply force-feeding, is done in order to make young girls conform to the ideal body standards in Mauritania, where for many generations, obesity has been seen as a symbol of the attractiveness and marriageability of women (LaFraniere). Like mentioned above, leblouh forces very young girls to con-

sume an extremely high amount of calories in a very short time span. Many girls are sent to these force-feeding camps multiple times until they are obese enough to be considered for marriage (Duval Smith). In some situations, girls as young as the age of eight may reach upwards of 300 pounds (Batha). As a result, there are many health concerns that come with

be made to take drugs or chemicals intended for animals in order to further boost their weight gain (Batha). These drugs can have extremely negative effects on the body, including heart failure and reproductive difficulties. Consumption of black market drugs further increases these risks. Beyond adolescents, it is also reported that some older married women may also take these drugs in order to maintain bodies that will be attractive to their husbands (Ould Seyid). Although more recent reports suggest that leblouh is on the decline in Mauritania, it is believed to still be practiced by at least leblouh (Ould Seyid). The World one-third of the nationâ&#x20AC;&#x2122;s populaHealth Organization states that tion (Harter). Amidst the growing obesity can be linked to a numcommunity of Mauritanian women ber of diseases, including diabetes who are now refusing to force-feed and cancer (Obesity). Additionaltheir own daughters, and who are ly, force-feeding camps are not the actively exercising to lose their own only source of health risks towards leblouh weight, about one quarter young Mauritanian girls and wom- of young girls in Mauritania are en. The perpetuating cultural apstill being force-fed (LaFraniere). preciation and celebration of obese Beauty standards among most women brings about other practices Mauritanian men and women still that are harmful to the girls and have not changed (Ould Seyid). women in the society. In addition Leblouh is not an issue that typicalto leblouh, it is also reported that ly comes to mind when discussing more recently, some girls may also human rights violations, but that

girls as young as the age of eight may reach upwards of 300 pounds.

does not mean its effects are any less harmful. Future human rights efforts should take a more concentrated look at leblouh so that young Mauritanian girls may be protected from these wrongs.

Works cited Batha, Emma. “Mauritania Must Ban Deadly Force Feeding of Child Brides - Activists.” Thomson Reuters Foundation. N.p., 18 Jan. 2014. Web. <http://www.trust.org/ item/20140117185616-fl4hq>. Duval Smith, Alex. “Girls Being Force-fed for Marriage as Fattening Farms Revived.” The Guardian. N.p., 28 Feb. 2009. Web. <http://www.theguardian.com/world/2009/mar/01/mauritania-force-feeding-marriage>. Harter, Pascale. “Mauritania’s ‘wife-fattening’ Farm.” BBC News. N.p., 26 Jan. 2004. Web. <http://news.bbc.co.uk/1/hi/3429903.stm>. LaFraniere, Sharon. “In Mauritania, Seeking to End an Overfed Ideal.” The New York Times 4 July 2007: A1. The New York Times. Web. <http://www.nytimes.com/2007/07/04/world/ africa/04mauritania.html?_r=0>. “Obesity.” World Health Organization. N.p., n.d. Web. <http://www.who.int/topics/obesity/ en/>. Ould Seyid, Seyid. “MAURITANIA: Beauty’s Big Problem.” IRIN. N.p., 21 Feb. 2011. Web. <http://www.irinnews.org/report/91956/mauritania-beauty-s-big-problem>. Zimmerman, Neetzan. “Artist Undergoes “Torture” In Front of London Shoppers For Anti-Animal-Testing Stunt.” Gawker. N.p., 26 Apr. 2012. Web. <http://gawker.com/5905506/ artist-undergoes-torture-in-front-of-london-shoppers-for-anti-animal-testing-stunt>.

ariam and nidieska 1

william martin Following a kitten into her building that had just been injured by a kick, Nidieska, 39 years old, takes a seat in tears. She says her biggest fear is to come home and find the building collapsed with her son Ariam inside. Occasionally there is an electrical fire and they will lose power for days at a time.

ariam and nidieska 4

william martin From a young age Ariam has enjoyed swimming in the Malecon. Recently it has become prohibited to swim in the Malecon, but like most Cubans he takes the plunge anyways.

The Violation of Human Rights in the IsraelPalestine Conflict magi Higazy

Tensions between Israel and Palestine have become a regular part of news broadcasts. The conflict itself has roots tracing back to ancient times, with Israelites first conquering the land of Canaan in 1250 BCE and subsequently being exiled by the Babylonians in the year 586 BCE. Lines between land ownership became more blurred in 63 BCE when the Jewish state, Judea, became one with Palestine, a Roman province (A History of Conflict). In the 20th century, the first war between Israel and Palestine (then known as the Arab-Israeli War) took place in 1948, which was, interestingly, the date of the Universal Declaration of Human Rights. Today, we understand the conflict mostly in terms of recent

acts of war such as the bombings of the Gaza strip. Suicide bombings, police/military kidnappings, and massive airstrikes on areas containing hospitals and schools are now seen as sad, yet commonplace occurrences in the Middle East. They arise out of differing political beliefs and the always-prevalent religious disputes between Judaism and Islam that are often unspoken motivations for acts of violence between Palestine and Israel. However, the Israel-Palestine conflict must be looked at in terms of a direct violation of human rights, because it is nothing more than the manipulation of people through means of violence in order to further a larger political agenda. This paper will therefore establish the ways in

which human rights have been violated in the conflict and the reasons for and motivations behind these violations, looking into psychological examinations of the soldier mentality as well as the political and military gains both sides would achieve from winning the war. Examining the politics in this conflict is necessary to comprehend and address the purpose and end goals of the fighting. Israel and Palestine clash over who deserves to own the land surrounding Jerusalem as well as Gaza and the West Bank. Israel believes the land is rightfully theirs because it has belonged to them since ancient times and because Jewish people need the land of Israel for religious and historical reasons. Palestine believes that the land was theirs first and that Israel is trying to forcefully push them out of their home in order to colonize the land (Overview - Israeli-Palestinian Conflict). Naturally, religion plays a significant role in the dispute as many justifications for the fights are based on the fact that Jerusalem is a holy city and Judaism and Islam are in contention over which religion has the right to claim the land. While some

people on both sides of the conflict would be in favor of a two-state solution, which would give Palestine a state alongside Israel in the West Bank and the Gaza Strip, this compromise has not yet been able to be set in stone, leading to ongoing acts of violence and direct human rights violations. Understanding the psychological aspects of this conflict and the individuals who fight in it will help explain why this war has gone on for so long despite the ways in which it exploits and manipulates humans. Generally, there is a sort of soldier mentality that is present that, in essence, causes soldiers to lose their sense of humanity when engaging in acts of warfare. Most psychologists equate the soldier mentality to mob mentality, which can be seen when one person acts in a certain way and believes it to be acceptable and â&#x20AC;&#x153;right,â&#x20AC;? regardless of whether or not it actually is, simply because the rest of the group is acting in the same way (Mask). The main difference between soldiers with this mindset and civilians with this mindset is that civilians will be susceptible to this mentality due to mere instinct, 12

while a soldier will be trained to follow orders and act in accordance with his fellow soldiers. And once war progresses, it becomes easier and easier for soldiers to justify acts of violence in order to help the good of the many or to “fight back,” especially when they are reminded that violence was initiated by the other side. This leads to a vicious cycle in which both sides devolve into violence because the other side “started it”. Finally, it is important to analyze the Universal Declaration of Human Rights in order to point out how this conflict has perpetuated violations of human rights and how it has directly broken international law. This declaration states: “Everyone has the right to life, liberty and security of person”. Beyond that, international law prohibits the deliberate targeting of civilians during all times. Essentially, once human rights and international law are taken into account, the amount and nature of violence in the Israel-Palestine conflict is not just morally reprehensible; it’s downright illegal. A final point regarding special laws is the Convention on the Rights of the Child, which strives 13

to protect children from “arbitrary loss of life” even in times of war (Israeli-Palestinian Fatalities since 2000). Both sides have violated the above “protections” of human rights by engaging in behaviors that include deliberately firing at hospitals and schools, killing civilians and dismissing their deaths as

Once war progresses, it becomes easier and easier for soldiers to justify acts of violence in order to help the good of the many. acts of war, and forcing to people to live in fear for their security and livelihood. The repeated and unrestricted violence in the Israel-Palestine conflict puts both soldiers and civilians in the direct line of fire. Both Israel and Palestine have been manipulating people to further political purposes of winning a conflict, and their conflict has led to innocent deaths and the complete disregard for international human

rights, which all people are entitled to, independent of their political views. Though laws are put in place to prevent such acts of violence, they rarely lead to prosecutions. This legal impotence obligates leaders of both countries along with the United Nations to discuss protective measures for civilians in areas of fire such as the Gaza Strip and the West Bank in conjunction with more structured means of trying and punishing military and/or government officials who continue to break international law and violate human rights.

Works cited “A History of Conflict.” BBC News. BBC, n.d. Web. 20 Nov. 2014. “Israeli-Palestinian Fatalities since 2000 - OCHA Special Focus (31 August 2007).” United Nations Information System on the Question of Palestine. United Nations, 31 Aug. 2007. Web. 20 Nov. 2014. Mask, Mike. “Mob Mentality Psychology And Crisis Investing.”ContrarianVille. N.p., 20 Feb. 2014. Web. 20 Nov. 2014. “Overview - Israeli-Palestinian Conflict.” ProConorg Headlines. ProCon.org, 8 May 2012. Web. 20 Nov. 2014.

Is voluntourism actually beneficial? Rebecca Mccarthy In 2012, my high school raised $66,000 to send eighteen students to Haiti for two weeks to build a school. It was a monstrous task that required the entire school and community to come together to meet the deadline and send the students off for the trip of a lifetime. While these kind of trips have beneficial intentions, the negative footprints that groups from industrialized, first world nations (like the United States) leave behind are often glossed-over or not even considered. Certainly building a school for less privileged or impoverished children is a beautiful ambition, but there are ugly aspects associated with it that do not get much attention. Volunteer tourism, or volun-

tourism, has become a huge industry. As NPR writer Carrie Kahn notes, “More and more Americans are no longer taking a few weeks off to suntan and sightsee abroad. Instead they’re working in orphanages, building schools and teaching English” (Kahn). Voluntourism began after World War I when “French pacifist Pierre Ceresole… rallied groups of young people from France and Germany to rebuild towns wrecked by the war” (McGray). Volunteering abroad became popular in the United States with JFK’s creation of the Peace Corps in 1961 (McGray). Today, affluent students and even adults often spend thousands of dollars jetting around the world in the name of service. My goal in discussing

voluntourism is not to undermine the good intentions of these volunteer trips, but rather to illuminate the problems and ramifications with the development of this industry, particularly as it pertains to the lives of the individuals supposedly benefiting from it. The students from my high school ventured into the Haitian countryside to build a school, but they did not consider that the Haitian people may have needed other things. Yes, there is tremendous value in education, especially in America, where not attending school is illegal until a certain age, but is education what rural Haitians truly need in a post-earthquake environment? Perhaps it is. But, the issue with this kind of project is that the construction of the building is simply one part. Is there funding for the school? Are there teachers, supplies, and other materials necessary for maintaining it? How will people pay for school, and how will staff be assured a salary? Or are we Americans just building the skeleton of a soon-to-be abandoned schoolhouse? There are logistics involved in projects that seem to be simplified or overlooked 17

on behalf of the idealistic image. Rafia Zakaria, a writer for Aljazeera America, writes about a project in which an American church

Are we just building the skeleton of a soon-tobe abandoned schoolhouse? group traveled to Haiti to build homes, but they â&#x20AC;&#x153;failed to consider the needs of the would-be inhabitants. The uneducated families that moved into the houses lacked professional skills and employment to improve their conditions and continued to beg for food long after the tourists leftâ&#x20AC;? (Zakaria). Were there other projects or constructions that would be more worthwhile or functional than a school, like a hospital, well, or community center? Voluntourism also arguably promotes the continuation of the colonial relationship of dependency on white people. As Mary Mostafanezhad writes, â&#x20AC;&#x153;Images of volunteer tourists with young children are now regular representations of the volunteer tourism experience

on social networking sites, where primarily white, Euro-American volunteers surrounded by darker skinned children have become iconic Facebook profile pictures” (Mostafanezhad). Instead of assisting a “community directed approach,” voluntourism promotes a “tourist-determined one,” where the voices and needs of a community become masked by those of the volunteers (Zakaria). The colonial practice of (generally) white, more advanced nations entering foreign lands and changing their cultures and morals is reflected in voluntourism. As consistent waves of volunteers arrive at developing communities, residents learn to exploit the impact of the visitors as a means of survival. Parents in remote villages can send their children to orphanages at volunteering sites where volunteers help feed, clothe, educate, and provide medical assistance to the children under the impression that they are impoverished orphans. Or, parents are given incentives “into sending their children to bogus orphanages in order to extract money from well-meaning foreigners” (Pattisson). In other words, voluntourists

“may be unwittingly complicit in child trafficking,” a frightening notion, especially when individuals are theoretically traveling there to help improve a situation, not propel an even bigger issue (Pattisson). Instead of creating situations where residents learn to be dependent on privileged voluntourists, volunteers should focus on encouraging agency of the individuals there. When volunteers leave, the community should be self-sustaining, simultaneously retaining the benefits of the volunteer project while maintaining their culture. Voluntourism has the potential to put the human rights of those suffering even more at risk, although perhaps inadvertently. Selflessness and generosity are important traits and giving back is something that everyone should strive to do, but it is important to be diligent in our preparation and our causes. Otherwise, we could be doing more harm than good. Unfortunately, many choose to embark on these trips with the wrong groups, and there are certainly those individuals who have questionable or superficial motives at the outset, such as resume build18

ing experiences or social climbing. Volunteer tourism is still largely new and growing, and as a result of that, the system and process of this â&#x20AC;&#x153;industryâ&#x20AC;? needs to be carefully constructed so as not to hurt or negatively impact the lives of others.

Works cited Pattisson, P. (2014, May 26). Nepal’s bogus trade fuelled by rise in ‘voluntourism.’ Retrieed from www.theguardian.com McGray, D. (2014, Feb). The Rise in Voluntourism. Retrieved from www.travelandleisure.com Zakaria, R. (2014, April 21). The white tourist’s burden. Retrieved from America.aljazeera.com Kahn, C. (2014, July 31). As ‘Voluntourism’ Explodes In Popularity, Who’s It Helping Most? Retrieved from www.npr.org MacKinnon, J.B. (2009, November-December). The Dark Side of Volunteer Tourism. Retrieved from www.utne.com Mostafanezhad, M. (2013). ‘Getting in Touch with your Inner Angelina’: celebrity humanitarianism and the cultural politics of gendered generosity in volunteer tourism. Third World Quarterly, 34(3), 485-499. Retrieved from www.jstor.org

ariam and nidieska 5

william martin Ariam rides on an overcrowded bus in the morning. The Cuban government requested mechanics and Ariam responded to the need by apprenticing under a mechanic.

ariam and nidieska 9

william martin Pictured top left, Ariam fulfills his daily routine of observing life outside his balcony. Deemed unlivable in the 1980â&#x20AC;&#x2122;s by the Cuban government due to structural problems and no running water - Ariam and his mother Nidieska have continued to live within the shared apartment building since 1987. The first floor of the building collapsed in 2000.

torture and shakespeare Komal Patel

In King Lear, a tragedy filled with political greed, familial strife, and changing alliances, Shakespeare explores many different ethical and political issues, one of which is the human rights violation of torture. In the play, King Lear of England decides to retire and divides his kingdom between his older daughters Goneril, wife of the Duke of Albany, and Regan, wife of the Duke of Cornwall, and their husbands. Soon after, disputes erupt between Lear and his daughters while they are at nobleman Gloucester’s castle. These arguments lead Lear to leave the castle. Meanwhile, Gloucester has received knowledge of a landed French army, seemingly coming to aid Lear. Telling his bastard son Edmund to cover

his tracks, Gloucester seeks Lear to relay this information. Instead, Edmund betrays his father, telling Cornwall that Gloucester is a traitor and a spy. By scene 3.7, Regan and Cornwall seize Gloucester upon his return and blind him to extract information about the King. Shakespeare uses this scene as a commentary on torture, characterizing it as as a human rights violation through its plot and formal elements. The blinding and interrogation of Gloucester falls within the United Nations’ definition of torture. According to the “Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment,” torture is any act by which severe pain or suffer-

ing, whether physical or mental, is inflicted on a person to obtain information, punish, entreat a confession, intimidate, coerce, or discriminate against them. Such an act must be instigated by a public official or in the name of some official capacity. The plot analysis of the scene shows distinct parallels between the definition of torture and the mistreatment of Gloucester. For example, Regan and Cornwall, the torturers, are political leaders, and their act of barraging Gloucester with questions is clearly indicative of an interrogation. In addition, the act of blinding causes immense physical suffering. Such plot points show that Gloucester’s treatment constitutes torture. A formal analysis of language and tone also shows how this scene depicts inhumane treatment. For example, there are multiple cases in which animal imagery is used to describe Gloucester. Regan calls him an “ingrateful fox,” and Gloucester evokes the image of bearbaiting when he describes himself as “tied to the stake, and I must stand my course” (3.7.28, 5455). The animal characterizations show that Gloucester is being dehu-

manized. In addition, Gloucester’s cries attest to the severe pain he is experiencing: “Give me some help! O cruel! O ye gods!” (3.7.71). The repeated exclamation marks show that Gloucester is undergoing a violent reaction, and this, coupled with his diction, gives his words a distressed tone. Furthermore, Regan continues to taunt and deride Gloucester even after he is blinded when she asks, “Where is thy luster now?” and states, “let him smell his way to Dover” (3.7.88, 96-97). By mocking Gloucester, Regan continues degrading him. Through analyzing the formal and plot devices of this scene, the blinding of Gloucester can be recognized as an act of torture as defined by the United Nations.

the blinding of gloucester can be recognized as an act of torture. Shakespeare most strongly argues that torture is a human rights violation through the servants’ reactions. For example, before Corn24

wall rips out Gloucester’s second eye, the first servant interrupts him and commands, “Hold your hand, my lord” (3.7.73). The servant not only cuts off Cornwall, but also uses an imperative to address his superior. Despite the polite “my lord,” the servant is taking a clear and defiant stance against Cornwall’s actions. The servant goes on to say that though he has served Cornwall since childhood, “better service I have never done you than now to bid you hold” (3.7.75-76). The periodic construction of this sentence gives emphasis to “bid you hold,” reinforcing the servant’s staunch opposition to Cornwall. The servant’s language demonstrates that he has a strong motivation behind his actions. In addition, Regan says, “A peasant stand up thus!” in reference to the servant’s defiance (3.7.83). Her surprise indicates that servants standing up to their superiors is uncommon. This serves as further evidence that the first servant must have disobeyed Cornwall for a particularly strong reason, though this reason is left ambiguous. Furthermore, Regan calls the first servant a “dog” when he opposes Cornwall (3.7.77). 25

Though dog is used derogatorily here, it holds a second implication. The reference to dog evokes the image of a loyal companion; the servant is being loyal, not to Cornwall, but to his ethics, which in turn prompt him to uphold human rights. The servant ultimately loses his life for his defiance. After the incident, the other servants feel guilty about what happens to Gloucester as evidenced by their desire to help him (3.7.107-111). As servants, it does not seem likely that they share anything with the aristocratic Gloucester. It is possible that their compassion stems from a shared experience of abuse at the hands of the Cornwalls. However, another interpretation is that they feel compassion for Gloucester because he is a fellow human being and can understand that his human rights were violated when he was tortured and blinded by the Cornwalls. Therefore, they want to help Gloucester even if it means risking their lives, as the first servant did. Human rights are shared by all humans, universally, and it is this truth that Shakespeare draws on

when he shows that the servants, too, feel for Gloucester, despite the differences between them. Shakespeare uses this scene of Gloucesterâ&#x20AC;&#x2122;s blinding, and in particular the servantsâ&#x20AC;&#x2122; reactions, to demonstrate that torture is an inhumane act and one that should be recognized as a human rights violation.

The Reduction of Islam from a Religion to the Cause for Terrorism maxwell smith

During recent years, Islam has consistently been reduced, by certain powerful sectors of American society, from a deeply complex religion practiced by over 1.5 billion people, following various different interpretations and living in many different societies, to the explanation for the terrorist actions of an extremist minority. It is clear that this has affected America’s actions externally; what is less clear is the extent to which it has affected America internally. The actions of America’s surveillance institutions suggest part of America’s internal response. In July of this year, Glenn Greenwald and Murtaza Hussain at The Intercept published an article claiming that five “Muslim-American

leaders” have been “covertly monitored,” from 2002 to 2008, by the FBI and NSA “under secretive procedures intended to target terrorists and foreign spies.” Greenwald and Hussain emphasize that all five have “led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime.” Without such forms of conventional motive and justification for such surveillance, the motive and justification must be found elsewhere. We cannot hope to establish the actual motive and justification for the surveillance without the appropriate documentation and, considering the NSA’s freedom and lack of over-

sight which the Snowden leaks have established, there may well not have been any official, explicitly stated motive. In lieu of official justifications, Greenwald and Hussain highlight a commonality which might provide the answer: “the five individuals share one thing in common: like many if not most of the people listed in the NSA spreadsheet, they are of Muslim heritage” (Greenwald and Hussain) This is not the only example of a homogenization of Muslims from religious practitioners into potential terrorists. In fact, The Intercept article also references a 2011 Wired article which describes FBI training documents, which display a reductive attitude which apparently functions throughout the institution to the religion and anybody who practices Islam. The article begins by stating that “the FBI is teaching its counterterrorism agents that ‘main stream’ [sic] American Muslims are likely to be terrorist sympathizers; that the Prophet Mohammed was a ‘cult leader’; and that the Islamic practice of giving charity is no more than a ‘funding mechanism for combat’” (Ackerman) The arti-

cle includes a graph used to prove that followers of the Torah and the Bible have become steadily more non-violent over the last two or three thousand years, whereas “the line representing violent behavior from devout Muslims flatlines and continues outward, from 610 A.D. to 2010.” Crucially, this suggests that “religious Muslims have been and always will be agents of aggression.” This is a stunningly simplistic and reductive approach. It is worth emphasizing that these examples are from FBI training documents, suggesting that these attitudes have been institutionalized to the extent that the FBI not only has no qualms about such reduction, but that it believes these are the appropriate attitudes to take towards Islam for the immediate future of its operations. Crucially, these attitudes represent a conflation of Islam with violence. The Wired article emphasizes this: “The stated purpose of one [training briefing], about allegedly religious-sanctioned lying, is to ‘identify the elements of verbal deception in Islam and their impacts on Law Enforcement.’ Not ‘terrorism.’ Not even ‘Islamist ex28

tremism.’ Islam.’” As the Wired article implies, the subset of the worldwide Muslim community which is violent is the minority of Islamic extremists. The conflation of every Muslim and of Islam itself with violence and terrorism would therefore seem to be utterly inaccurate, yet it seems to have become an institutionalized belief in America and is affecting its internal actions.

geria and Syria” (IEP). The reason for the concentration of terrorism in the latter two countries is clear: in Nigeria, the rise of Boko Haram; in Syria, the civil war. The three former countries are the countries in which America has been directly involved militarily since 9/11. It is important to emphasize that the statistic highlighted by the report is that those five countries are where 80 per cent of terrorism-based fatalities have occurred; it is those countries which are internally unstable and it is their own populations at which the Islamic extremists are primarily targeting their terrorism. We can look towards the ex The report also highlights the ternal situation for evidence as fact that “the majority of terrorto how Islam and terrorism are ist attacks, 66 per cent in 2013, are actually connected. The Global claimed by only four terrorist orTerrorism Index Report was pub- ganizations; ISIL, Boko Haram, the lished on November 16th 2014. It Taliban and al-Qai’da and its affilis a “comprehensive summary of iates.” The report then points out the key global trends and patterns that “variations of religious ideolin terrorism over the last 14 years ogies based on extreme interpretabeginning in 2000 and ending in tions of Wahhabi Islam are the key 2013.” The summary of the report commonality for all four groups.” states that “over 80 per cent of the This proves that the conflation of lives lost to terrorist activity in Islam with terrorism, which has 2013 occurred in only five countries become an institutionalized belief - Iraq, Afghanistan, Pakistan, Niof the FBI, is factually incorrect.

These attitudes represent a conflation of islam with violence.

The members of these four terrorist groups, all of which follow “extremist interpretations of Wahhabi Islam,” constitute an incredibly small minority of the over 1.5 billion Muslims living in numerous countries around the world. In fact, the report suggests that it is internal stability which is the primary cause of terrorism: “Countries with higher levels of terrorism were found to have three statistically significant factors: • Greater social hostilities between different ethnic, religious and linguistic groups, lack of intergroup cohesion and high levels of group grievances. • Presence of state sponsored violence such as extrajudicial killings, political terror and gross human rights abuses. • Higher levels of other forms of violence including deaths from organised conflict, likelihood of violent demonstrations, levels of violent crime and perceptions of criminality” (IEP)” The report seems to support, if not prove, the argument that Islam cannot be conflated with terrorism. Crucially, it also proves that it is extremely unlikely, and would

be essentially unprecedented, for the religion of Islam alone would produce terrorism. Instead, numerous aspects of a nation’s internal situation are the primary causes of terrorism. Howard Zinn summarizes the problems with the reduction of Islam to terrorism concisely: “Terrorism has replaced Communism as the rational for the militarization of the country, for military adventures abroad, and for the suppression of civil liberties at home” (Zinn) It is a fact that, within the most powerful institutions in America, Islam has, to varying extents, been conflated with terrorism and that, consequently, Muslim Americans without any apparent connections to violence have been the targets of covert surveillance.

Works cited Greenwald, Glenn, and Hussain, Murtaza. “Meet the Muslim-American Leaders the FBI and NSA Have Been Spying On.” The Intercept. First Look Media, 9 Jun. 2014. <https://firstlook. org/theintercept/2014/07/09/under-surveillance/> Ackerman, Stephen. “FBI Teaches Agents: ‘Mainstream’ Muslims are ‘Violent, Radical.’” Wired Magazine. Condé Nast, 14 Sep. 2011. <http://www.wired.com/2011/09/fbi-muslims-radical/> Institute for Economics and Peace (IEP). Global Terrorism Index Report. 16 Nov. 2014. <http://www.visionofhumanity.org/sites/default/files/Global%20Terrorism%20Index%20 Report%202014.pdf> Zinn, Howard. Terrorism and War. Seven Stories Press, 2002. Print.

ariam and nidieska 11

william martin In the evening, Nidieska must gather gallons of water from a public water spigot five blocks from her home. Due to her AIDs and Osteoporosis, the journey is very difficult for her. Ariam usually helps Nidieska with the daily chore.

Portrayal of the lgbt community in the bible Daniella Haviv

In recent years, those who do not support homosexuality have cherry-picked Biblical verses to turn the Bible into a weapon that justifies cruelty and hatred. Many times, they subjectively interpret the ancient text so that it conforms to their agenda, choosing to abide by some rules while blatantly disregarding others. Such biblical weaponry is often used to attack a man’s right to marry another man, a fundamental human right. Whether or not the Bible actually forbids same-sex marriage, however, has sparked a heated controversy for centuries. Christians who adhere to the New Testament are widely divided in their views on the issue, which stems from the third book in the Bible. Leviticus

18:22 states “Thou shalt not lie with mankind, as with womankind. It is detestable.” To many, this indicates that their Creator views homosexuality as a sin, and that they must follow suit. But this is a misconception. To begin, the quote in Leviticus uses the gender-neutral pronoun “Thou,” not the word “Man”. As this sentence leaves room for great interpretation, we could go as far as to contemplate to whom this quote is even being directed. For example, it could have been directed at women for all we know. This would surely start an entirely new controversy in itself. ‘Women shalt not lie with mankind, as with womankind. It is detestable.’ Aside from misquoting the text, those who oppose

homosexuality might also be misinterpreting the quote’s meaning. Religious scholars have interpreted this verse in Leviticus as a warning to priests against molesting young children. The variation in views proves just how unsound our understanding of this passage is. It is therefore not only the wording of the text that lends itself to homophobia, but also our construal of it. We must ask ourselves: Who granted us this ability to interpret the word of God? Until God Himself or Herself descends from the heavens and makes this known for certain, who are we to decide what the true meaning of this quote is? And yet, even God’s words should not give us an excuse to discriminate against others and attack the fundamental human rights to which they are entitled. Judaism, like Christianity, has also been interpreted to discriminate against homosexuals. Orthodox Jews, for example, tend to support the traditional Jewish bans on both sexual acts and marriage amongst members of the same sex. But once again, these notions are based solely and completely on an-

cient texts. No holy book, or anything for that matter, should lead us to act with such cruelty toward a fellow human being. Religious texts, such as the Bible, must be understood and interpreted based on the context in which they were written. Disregarding this to weaponize the Bible isn’t simply immoral; it’s also wrong.

it is cruelty based on ignorance and a clear lack of indisputable knowledge. Similar to the United States’ Constitution, the Bible should be a living text, one that is continually interpreted in response to changing times. Unfortunately, the text of the Bible has remained constant over the years, and as a result, we have come to unwittingly disobey a good number of other senseless biblical declarations. The following is a list of activities done by people every day despite explicit biblical warnings not to. 1. Eating ham. 34

(“And the swine, though he divide the hoof, and be clovenfooted, yet he cheweth not the cud; he is unclean to you.”)

one that defileth it shall surely be put to death: for whosoever doeth any work therein, that soul shall be cut off from among his people.”)

2. Eating shrimp, lobster, and other assorted seafood. (“All that have not fins and scales in the seas, and in the rivers, of all that move in the waters, and of any living thing which is in the waters, they shall be an abomination unto you.”)

7. Women speaking in church. (“Let your women keep silence in the churches: for it is not permitted unto them to speak; but they are commanded to be under obedience, as also saith the law.”)

We clearly pick and choose which sacred biblical passage to fol3. Getting tattoos. low and which not to. Yet when it (“Ye shall not make any cuttings in comes to same-sex marriage, many your flesh for the dead, nor print fail to notice the hypocrisy behind any marks upon you.”) their beliefs, and those who do rarely care. Furthermore, even if the 4. Getting a psychic reading. Bible did state beyond a reasonable (“Regard not them that have famil- doubt that that homosexuality is iar spirits, neither seek after wiza sin, many everyday activities are ards, to be defiled by them.”) also sins. Those who oppose homosexu5. Gossiping. ality on biblical grounds must re(“Thou shalt not go up and down think their positions, for it is illogias a talebearer among thy people: cal to simply pick and choose what neither shalt thou stand against the can be deemed right and wrong and blood of thy neighbor.”) proceed to patronize those who do not align with your interpretation. 6. Working on the Sabbath. They must come to see human be(“Ye shall keep the Sabbath thereings as people who, according to fore; for it is holy unto you: every the Constitution, are equal beings 35

entitled to the same rights and unwavering respect. No matter how you choose to look at it, violations of human rights can have no logical defense. Unsubstantiated claims found in outdated texts should not be exploited to justify hatred. Any sort of text, biblical or not, should not hold the power to validate cruelty and discrimination against a fellow human being.

The Inextricable Link Between Climate Change and Human Rights nora rigney

Climate change has never been the easiest of topics to discuss. The fundamental problem with the rhetoric I so often hear on the subject lies in the way we discuss it. We find the topic difficult to relate to and care about, because, as the narcissistic humans we sometimes can’t help but be, it’s hard to see beyond the long list of tasks we have to get through on a daily basis. Our schedules are jam packed from morning to night, and there doesn’t seem to be any room for recycling and energy conservation. We don’t have time to think about the planet because we don’t understand how urgent the situation is. We don’t see that calling climate change an environmental issue simplifies the matter. Perhaps if we realized that

the changes in our climate have very much become an issue of human rights we would pay closer attention. If the well-being of our planet doesn’t provide enough incentive to make a change, we must instead look at the situation from a different perspective. Earth is our home, and just as all the little chores left undone in a crowded apartment eventually lead to chaos, so do all the little things like forgetting to recycle, wasting water, and not conserving energy. We lead busy lives.There will always be something else more pressing than keeping the apartment clean, so we push off doing the dishes until the next day. But before we know it, the sink is piled high and we have no choice but to face our mess, which

denly become a much more difficult task. The same holds true for our planet. The longer we wait to solve the problems of climate change, the harder this becomes. And just as a messy home affects the people living in it, climate change affects our fellow humans across the world. Kathleen Dean Moore, professor of philosophy at Oregon State University, said, “Climate change is damaging food supplies, spreading disease, and creating refugees, and it is poised to become the most massive human rights violation the world has ever seen.” Furthermore, two major studies carried out in 2013 at Princeton University showed that a hotter, more unstable climate exacerbated personal violence (rape, murder, and domestic abuse) and intergroup violence which lead to political instability and the collapse of governing institutions (Letman). University of Iowa professor Craig Anderson wrote that there were 2.6 percent more murders and assaults in the summer than in the winter, while Kent State University professor Dr. Scott Sheridan stated, “If you plot crime and temperature together you get a straight up line. Hotter

temperature correlate to higher amounts of aggressive crime, especially domestic violence” (Dahl). The worst part is that these damaging human rights violations affect the countries with lower GDPs and less economic capacity to respond to climate changes, than those most responsible for high levels of carbon emissions. Richard Pearshouse, a senior researcher

hotter, more unstable climate exacerbated personal violence and intergroup violence. with the health and human rights division of Human Rights Watch, said, “It [climate change] will affect the poor, it will affect religious or ethnic minorities, it will affect women and children. It’s going to be the most marginalized who feel the impacts most acutely” (Letman). While poorer areas are experiencing damaging weather patterns such as floods and hurricanes that kill crops and destroy the economy, people in nations that have larger emissions are generally uncon 38

has sudvinced. Studies show that only 40% of Americans and 39% of Chinese view climate change as a major threat, and these studies have higher levels of carbon emissions (Visser). Although the situation seems grim, not all is lost. There are still many ways to combat climate change. First and foremost, we must begin with education. The more people in the high carbon-emitting countries who can admit that climate is in fact a problem, the more likely people will be to help. And the more we know about our climate and the effect we have on it, the better equipped we will be in helping. Green World Rising, for example, is a series of short films that discusses the state of climate and the solution to climate crisis. Next, we need to take action. As conscious consumers, we can reduce the nation’s carbon footprint by only supporting company’s that are powered by wind energy. As conscious voters, we can research how our elected leaders are voting on climate change. Having the wrong person in a position of power can be very damaging to the cause. For example, the Environ39

ment and Public Works Committee is currently helmed by Barbara Boxer, who famously pulled an all-nighter to publicize the threat of climate change. If, however, the Republicans won the Senate, James Inahofe, one of the loudest climate deniers, would likely take charge of the committee and consequently put an end to climate change legislations (Krisch). What we do as individuals may not seem highly effective, but it is. If every person made a more conscious effort in his or her daily life, changing the world and stopping climate change would not be an impossible task. We must do our best to live cleanly, to take care of our home every day, rather than saving all our chores for the weekend. With human rights on the line, we can’t afford to wait. Tomorrow is another day, but today is better.

Works cited Dahl, Julia. “Hot and Bothered: Experts Say Violent Crime Rises with the Heat.” CBSNews. CBS Interactive, n.d. Web. 29 Nov. 2014. “Greenworldrising.” Greenworldrising. N.p., n.d. Web. 29 Nov. 2014 Krisch, Joshua. “Science in a Republican Senate: The Good, the Bad and the Ugly | Observations, Scientific American Blog Network.” Scientific American Global RSS. Scientific American, 4 Nov. 2014. Web. 29 Nov. 2014. Letman, Jon. “How Climate Change Destroys Human Rights.” Aljazeera. N.p., n.d. Web. 29 Nov. 2014. Visser, Nick. “Climate Change Will Disrupt Food Supplies, Slow Economies, Cause Irreversible Damage, IPCC Finds.” The Huffington Post. TheHuffingtonPost.com, 23 Mar. 2014. Web. 29 Nov. 2014.

Imagining the Death of Female Genital Cutting artricia rasyid

Female genital cutting, also known as FGC, refers to “several different forms of surgery performed on young women’s genitalia” and remains one of the most debated and criticized practices of gender violence (Merry). Although the threats of FGC to girls and women are in the headlines everywhere, which thus produced a hyper-visibility of this harmful practice, recent years’ extraordinary advocacies of and interventions against the tradition of female genital cutting FGC yielded only modest results (Miller). The World Health Organization estimates that each year, more than three million girls are still at risk of undergoing FGC. The prevalence of this practice is attributed to its central locus

within the framework of a kinship system and an ideology of gender and sexuality. In light of this, activists must be aware that proponents of FGC often render the theoretically universal human rights norms as illegitimate and irrelevant when applied in culturally specific contexts. This piece is an effort to analyze the substantial tensions that remain over how international human rights activists can more effectively prevent and address FGC practices. In constructing their claim that FGC is a violation of human rights, many international as well as national human rights actors appeal to standards that are laid out in the Universal Declaration of Human Rights. According to

the Declaration, not only does the practice violate a person’s rights to health and corporal integrity as well as rights against torture and cruel, inhuman, or degrading treatment, but in cases where FGC-related health complications lead to death, the practice thus also violates one’s right to life. While human rights activists both in the West and in Africa—where the tradition of FGC is most commonly practiced—adopt the term female genital mutilation to highlight the physical pain caused by the practice and to stress what these activists often construe as an intentional infliction of harm, many Africans object such a term because it implies a deliberate and hence malicious attempt to hurt their own families and communities members (Lewis 1995). Sally Merry explains that from the eyes of FGC’s defenders, the practice is seen as a socially desirable act that constitutes moral and modest behavior for women, designed to safeguard, restrict, and control women’s sexuality; many political leaders even go so far as to assert that FGC is central to national and ethnic identity (Lewis 2009). To bring about any sustain-

able cultural and attitudinal change, human rights activists must work with governments and communities that practice FGC in manners that engage key influencers and support community-based activities to change social norms or beliefs. In light of the virtually universal resistance to change after several decades of campaigning, conferencing, and legislating, last year the United Nations General Assembly unanimously passed a resolution that not only bans the practice, but also recognizes how critical it is to advance women’s rights and intensifying collaborative efforts for the elimination of FGC (UN Women).

the practice is seen as a socially desirable act that constitutes moral and modest behavior for women. It is indeed noteworthy to account for the fact that only when women from diverse backgrounds told their stories of horrific abuse in front of the international community that 42

female grievances are reinterpreted in global terms and FGC’s status as a previously naturalized harm is reframed as a global rights problem (Miller). Whereas the integrationist approach to international human rights blurs the separation between women’s rights and human rights, those who call for reconceptualization embrace women’s differences from men through calling upon women to define their own rights and the sources of their oppression (Lewis 1995). Framing FGC as only a human rights violation and dismissing that it is, at the same time, women’s rights, is counterproductive because the victim subject enters the mainstream of representation in a manner that reaffirms the image of women as civilly dead. Failing to represent women’s individuality and differences from men translates into a failure to question “the structures and social relations which perpetuate this situation,” a dangerous refusal “to see the sun in the middle of the day” (Lewis 1995). While the Kenyan-born community leader, John Mbiti, once prophesized that even if FGC is to die out, “it will die a long and pain43

ful death,” the active involvement of governments and practicing communities in imagining novel yet culturally sensitive alternative rites promise a more natural FGC death, one that is a lot less painful for millions of men and women throughout the world who deem the practice as a powerful symbol of cultural identity (Fuambai).

Works cited Fuambai, Ahmadu. 2000 Rites and Wrongs: An Insider/Outsider Reflects on Power and Excision. In Female â&#x20AC;&#x153;Circumcisionâ&#x20AC;? in Africa: Culture, Controversy, and Change. Shell-Duncan B and Y. Hernlund, eds. Pp. 283-312. Boulder: Lynne Rienner Publishers. Lewis, Hope. 1995 Between Irua and Female Genital Mutilation: Feminist Human Rights Discourse and the Cultural Divide. Harvard Human Rights Journal 8:1-55. Lewis, Hope. 2009 Female Genital Mutilation and Female Genital Cutting. Northeastern Public Law and Theory Faculty Working Papers Series (40):200-212. Merry, Sally. 2009 Violent Cultural Practices in the Family. In Gender Violence: A Cultural Perspective. Wiley-Blackwell. Miller, Alice. 2004 Sexuality, Violence against Women, and Human Rights: Women Make Demands and Ladies get Protection. Health and Human Rights 7(2):17-47. UN Women. 2012 United Nations Bans Female Genital Mutilation. http://www.unwomen.org/en/news/stories/2012/12/united-nations-bans-female-genital-mutilation/, accessed November 23, 2013.

position of women in pakistan mahnoor jawed khan

Pakistan has been a nation rife with controversy when it comes to topics related to gender inequality and oppression toward women. A symbolic instance of this agitation is the living example of Malala Yousafzai, a young girl, impassioned to fight against all odds for womenâ&#x20AC;&#x2122;s education. She is applauded because of her determination and her bravery, but her struggle unleashes the abominable mindset of those who wanted to deprive her of her natural right. They went as far as attempting to kill the young girl, just because her views did not align with theirs. Fortunately, their actions actually caused her to relay her voice to the international community, and today she is a symbol of the struggle a large proportion

of Pakistani women face. The raises the question of whether Pakistan, so ingrained with instances of violence toward women, inherently violates of the basic human rights of women. In order to establish the benchmark of humans rights, I will use the example of the UN charter, the Universal Declaration of Human Rights (UDHR). The Universal Declaration of Human Rights, adopted by the United Nations in December 1948 is a universally recognized document which lays out the basic tenets of human rights. As stated in the introduction of the UDHR, it is â&#x20AC;&#x153;a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be

universally protected.” The concept of human rights has evolved over the decades as times have changed and the UN document is aligned with the advancing changes. In order to judge whether nations are in violation of any human rights principles of the document, the international body should note whether there is exclusion of the tenets in the legislation of the country. The legislation and the law is the basis upon which society is expected to act upon but the real test lies in the implementation of these laws. The first article states, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood” (Article 1, Universal Declaration of Human Rights). The second article states, “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international sta-

tus of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty (Article 2, Universal Declaration of Human Rights).” This applies to every person, regardless of their race or gender because it claims “human beings” are “equal in dignity and rights” (Article 1, Universal Declaration of Human Rights). This means they have equal rights which are that of access to food, shelter, free speech, education, and job opportunities, among others. To decide whether this clause of the document is violated by Pakistani law, the Constitution of Pakistan, the ultimate social code written when the country was founded, should be checked for any inconsistencies. The “Preamble” of the Constitution of Pakistan states, “Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality.” This statement is not applicable to 46

only males, but it extends to every person who is a citizen of Pakistan, including women. It does not perpetuate the idea of women being the inferior sex, but instead propagates the “equality of status” (Constitution of Pakistan, Preamble). Status entails the position of a person in society, and if there is equality in status, neither sex is inferior. Another step taken to dispel discrimination toward women was the ratification of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) by Pakistan in 1996, with a key role being played by the Prime Minister, Benazir Bhutto. According to the Associated Press of Pakistan, “the recommendations of the consultations include impact analysis of CEDAW implementation in Pakistan, strengthening inter‑ministerial coordination and enhancing the capacity of national women’s machineries to spearhead the process” (Benazir, a Strong Advocate of Women’s Rights: UNIFEM). In December 2004, the first report on Pakistan was produced by the CEDAW regarding action that had taken place to eradicate 47

discrimination against women. The report claims that “women lag in Pakistan in almost every area of national endeavour. Indicators for education, health, employment etc. however show a steady if gradual decrease in the gap between the sexes.” It goes on to mention international commitments made during the 2000s to improve position of women in Pakistan for instance, “signing of the Optional Protocol to the Convention on the Rights of the Child on Sale of Children, Child Prostitution, Child Pornography on 26 September 2001, Ratification of ILO core Convention 100 on equal remuneration between men and women on 11 October August 2001 and ratification of the SAARC Convention on Prevention and Combating of Trafficking in Women and Girls for Prostitution in January 2003” (Country Report on Pakistan,18). Such laws ensured that the people of Pakistan were made more aware of the actions that would be taken if discrimination was practiced toward women. However, there were numerous challenges that were faced, such as the prevalence of stereotypes against wom-

en, low rates of literacy amongst men and women, and the implementation of all the international obligations and constitutional provisions (Country Report on Pakistan, 20). Emphasis on the lack of implementation of legislation, as aforementioned, is the serious issue. A considerable amount of legislation is geared toward establishing the idea of gender equality and the preservation of the rights of women, hence allowing the nation to not violate the UN guidelines. However, there are some portions of the law that are questionable. Absent is a prohibition against all forms of discrimination against women in the the Qanoon-e-Shahadat Order 1984 (Law of Evidence), the Hudood Ordinances (1979), and the Citizenship Act (1951). The Qanoon-e-Shahadat is a law that says, “ in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be attested by two men or one man and two women, so that one may remind the other, if necessary, and evidence shall be led accordingly” (Qanoon-e-Shahadat, Article 17) Equating the reliability of a woman’s spoken word to that of half of

a man’s goes against Article 1 and Article 7 of the UDHR, the latter stating, “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination” (UDHR, Article 7). In this case, women are not being given “equal protection” against “discrimination,” as the law itself is perpetuating inequality . Another law that abstains from giving men and women equal status is the law of inheritance. In a report produced by the Rural Development Institute for World Justice Project, it was recognized that in Pakistan, “the general rule for inheritance is that women inherit half as much as the men in the same class of heirs, though the proportion of shares varies not only according to the relationship to the deceased but also by sect, i.e. Sunni and Shia” (Women’s Inheritance Rights to Land and Property in South Asia: A Study of Afghanistan, Bangladesh, India, Nepal, Pakistan, and Sri Lanka, 61). These laws intentionally vi48

olate Article 1 of the United Nations’ Universal Declaration of Human Rights, and it is true that numerous laws, such as the ones mentioned earlier, that have principles in line with those of the Universal Declaration of Human Rights are not enforced. The real test lies in effective implementation; merely framing laws is not sufficient as a state does not fulfil its duties that way. Understanding why women are treated as the lower sex is needed to rectify the problem at the core. The underlying reason for inferiority of females is lack of empowerment and dearth of access to education. Generally, access to education to females is restricted to females in their homes, too. If a family faces financial constraints and they have a male child and a female child, they will drop the female out of school because the son’s education is more valuable to them. A report by UNESCO claims, “It will take until 2072 for all the poorest young women in developing countries to be literate” (10pc global primary education funds go waste). Once this disempowerment of women starts at the very begin49

ning, the trend continues in the job market. Deprivation of education causes opportunities in life to be lost, and these young females have their future determined before they even turn twenty. Education determines the capacity in the job market, and they lag behind. However, even if a woman is educated, since she will be in minority, she will face numerous artificial barriers including stereotypes. Harassment in the workplace is a rampant problem, and a report produced by the US State of Department in 2012 wrote, “Despite measures, sexual harassment remained a widespread problem. Press reports indicated that harassment was especially high among domestic workers and nurses. In a survey conducted by the Daily Times in 2010, female government and private sector employees complained about the abusive behavior of their male colleagues and senior officials. They said some officers sought ‘undue favors’ by blocking salaries, benefits, promotions, transfers, and postings” (Pakistan 2012 Human Rights Report, 47). As a result of such instances, and since financial strength determines status in society, wom-

en will automatically be placed in a lower position. This can materialize in any country, but in the case of Pakistan, due to widespread male chauvinism and artificially created religious barriers, women are oppressed. Women in rural areas suffer other types of crimes, like honor killings, also known as “Karo-Kari.” These are murders of women who have committed actions deemed “inappropriate” or “immoral” by her family members. Such actions could include refusal of arranged marriages, marrying someone they like, or even getting raped. Such acts of violence are committed against these women by their family members to restore their honor and reputation. The US State Department report states, “A 2004 law on honor killings and the Prevention of Anti-Women Practices Act 2011 criminalizes acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of honor killings. Many cases went unreported and unpunished. The Aurat Foundation reported 2,341 honor killings between 2008 and 2011 and estimated

that less than 2 percent of all honor killings were reported” (Pakistan 2012 Human Rights Report, 45). Other acts of violence include rapes and domestic violence, both of which usually go unreported because they take place behind closed doors. However, there are laws against both of them, but the problem of enforcement has left a gaping hole in the provision of justice. The report states, “As in previous years, the government’s enforcement of the Women’s Protection Act of 2006 was poor. The act brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. In cases of rape, by law police are not allowed to arrest or hold a woman overnight at a police station without a civil court judge’s consent. The law requires a complaint to be made directly to a sessions court, a trial court for heinous offences. There were no reliable national, provincial, or local statistics on rape due to underreporting and the lack of any centralized law enforcement data collection system. However, based on media reports, the Aurat Foundation estimated that nationally 3,461 women were raped 50

between 2008 and 2011, with 827 rapes and gang rapes in 2011” (Pakistan 2012 Human Rights Report, 42).

of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control,” as often these women are deprived of their basic amenities. Fortunately, in recent years, a large number of women have begun actively opposing these barbaric crimes. This is beginning to change people’s mentality, but unfortunately there are parts of Pa Domestic violence usually in- kistan where lack of education and volves beating of the wife which interaction with other parts of the could include “torture, physical country result in violence against disfigurement, and shaving the eye- women in areas. Such an area is brows and hair off women’s heads” Swat, where a fringe of extremists (Pakistan 2012 Human Rights Re- burn schools when they lose battles port, 45). However, there are no of persuasive arguments and resort specific laws against this, making to violence. Women such as Asma this a violation of Article 5 of the Jehangir, are battling against this. Universal Declaration of Human Rights which declares that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” and Article 25, which says “Everyone has the right to a standard of living adequate for the health and well-being

acts of violence are committed against these women by their family members to restore their honor and reputation.

Works cited “10pc Global Primary Education Funds Go Waste.” UNESCO Islamabad. The Nation, 28 Jan. 2014. Web. 4 Dec. 2014. <http://unesco.org.pk/education/documents/2014/launch_gmr/ pc_TheNation.pdf>. “Benazir, a Strong Advocate of Women’s Rights: UNIFEM.” Associated Press Of Pakistan. Associated Press of Pakistan. Web. 4 Dec. 2014. <http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=63147&Itemid=2>. “Country Report on Pakistan.” Official Documents System of the United Nations. Web. 4 Dec. 2014. <http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N05/454/37/PDF/N0545437. pdf ?OpenElement>. “Official UN Universal Declaration of Human Rights Home Page.” Official UN Universal Declaration of Human Rights Home Page. Web. 4 Dec. 2014. <http://www.ohchr.org/en/ udhr/pages/introduction.aspx>. “PAKISTAN 2012 HUMAN RIGHTS REPORT.”U.S. Department of State Diplomacy in Action. U.S. Department of State, Bureau of Democracy, Human Rights and Labor. Web. 4 Dec. 2014. <http://www.state.gov/documents/organization/204621.pdf>. “QANUN-E-SHAHADAT ORDER, 1984 CONTENTS.” Punjab Laws. Law & Parliamentary Affairs Department, Government of Punjab. Web. 4 Dec. 2014. <http://punjablaws.punjab. gov.pk/public/dr/QANUN-E-SHAHADAT ORDER, 1984.doc.pdf>. “The Constitution of Pakistan.”Www.pakistani.org. Web. 4 Dec. 2014. <http://www.pakistani.org/pakistan/constitution/preamble.html>. “The Universal Declaration of Human Rights, UDHR, Declaration of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights.” UN News Center. UN. Web. 4 Dec. 2014. <http://www.un.org/en/documents/udhr/#atop>. “Women’s Inheritance Rights to Land and Property in South Asia: A Study of Afghanistan, Bangladesh, India, Nepal, Pakistan, and Sri Lanka.” Landesa, Rural Development Institute. Rural Development Institute, 1 Dec. 2009. Web. 4 Dec. 2014. <http://www.landesa.org/ wp-content/uploads/2011/01/RDI_Report_WJF_Womens_Inheritance_Six_South_Asian_ Countries_December_2009.pdf>.

ariam and nidieska 2

william martin Nidieska rests before preparing herself for the day. Due to her AIDs and Osteoporosis, Nidieska has a difficult time moving. Nidieska asks Ariam what they are going to do. Ariam responds that they can’t think like that, they have to take it one day at a time. “Cuba is hard…Cuba is, hard” Nidieska often says.

ariam and nidieska 12

william martin Nidieska is up late washing dishes, and then herself.

privacy and democracy in a digital age ryan koul

The legal foundation of a right to privacy traces its roots back to the Constitution. Though it contained no explicit reference to privacy, the Fourth Amendment – which safeguards citizens from unreasonable searches and seizures without probable cause – has been interpreted as a legal defense of privacy (Fourth Amendment). Then on December 15th, 1890, attorney Samuel Warren and future Supreme Court Justice Louis Brandeis published The Right to Privacy in the Harvard Law Review. It was the first explicit proclamation of a legal right to privacy, calling it the “right to be left alone” (Warren and Brandeis). The right to be left alone gained such support in the ensu-

ing years that on December 10th, 1948, the United Nations enumerated privacy as a human right in its Universal Declaration of Human Rights (UDHR). As with any legal decree, however, there were and still are exceptions. To maintain national security, for example, governments need the ability to spy on enemies, which would necessarily violate their privacy. And by 1978, the US government had come to realize that individuals’ privacy rights must sometimes be curtailed to protect the people who hold them. The Foreign Intelligence Surveillance Act (FISA) was signed into law that year, granting a secret federal court the right to authorize warrantless wiretapping in cases of national security (S. 511).

Often, however, the US government has proceeded to violate more and more civil liberties in an attempt to protect its citizens from all possible dangers, failing to recognize that crimes in a democracy are the cost of liberty. Through wiretapping and similar violations of privacy, the US government conceivably stops and solves some crimes. But according to the late writer David Foster Wallace, this is a pyrrhic victory. In his 9/11 reflection “Just Asking,” Wallace argues that “a democratic republic cannot 100-percent protect itself from [a terrorist attack] without subverting the very principles that make it worth protecting” (Wallace). He goes on to say “a certain baseline vulnerability to terrorism is part of the price of the American Idea,” which he defines as a “free and open society” (ibid). To Wallace, complete security in a true democracy is not simply impossible, but paradoxical. Violations of privacy have only grown worse with technology. As the mediums of private information evolve, laws protecting private information should also change. But according to Kevin Bankston,

a senior lawyer for the Center for Democracy and Technology, they haven’t. Bankston reports “the laws that regulate the government were written back in the analog age, so often, the government doesn’t have many legal restraints” (Zwerdling). In confirmation of this, an NSA panel tasked with evaluating the agency’s surveillance measures

as the mediums of private information evolve, laws protecting private information should also change. in light of disclosures by Edward Snowden concluded that “the NSA had allowed its technological capabilities to dictate its surveillance practices, rather than ensuring that its practices conformed to our laws and values” (Wolfe). The NSA did not call for more laws to monitor its surveillance, which indicates that it took advantage of the legislative void brought on by advancements in its technology in order to surveil Americans. 56

The legal bulwark against such mass digital surveillance is the Fourth Amendment, which bars warrantless intrusions by the government. Although the amendment was written before the advent of modern technology, its analytical extension applies to digital mediums of communication because an individual’s digital documents contain just as much personal information as an individual’s print documents. A top-secret FISA court hearing in 2011 upheld this interpretation, ruling that the Fourth Amendment’s restrictions on unreasonable searches and seizures apply to all contents of communications:

for national security. For this type of surveillance, even the UN acknowledges that national security trumps the human right to privacy, so long as surveillance is conducted in accordance with laws that are “publicly accessible, clear, precise and non-discriminatory” (UN). Like Wallace, however, the UN warns “unlawful or arbitrary surveillance and/or interception of communications, as well as unlawful or arbitrary collection of personal data… may contradict the tenets of a democratic society…” (ibid). Furthermore, a report by the United Nations High Commissioner for Human Rights declared that “the technological platforms upon which global political, economic “A person’s “papers” are among the and social life are increasingly relifour items that are specifically listed ant are not only vulnerable to mass in the Fourth Amendment as subsurveillance, they may actually faject to protection against unreason- cilitate it”. As a result, governmenable search and seizure. Whether tal mass surveillance has become they are transmitted by letter, tele- a “dangerous habit rather than an phone or e-mail, a person’s private exceptional measure” (Pillay). communications are akin to person- It seems the human right to al papers” (Bates). privacy will die in the digital age unless it is safeguarded by legislaNotably, the FISA court ruling tion that evolves with technology. does not pertain to cases regarding Modern computing enables law foreign intelligence surveillance enforcement agencies to collect and 57

store unprecedented amounts of personal data on citizens, so to the average American, violations of privacy have become mundane. Yet this cannot continue in a system of government that calls itself a democracy. Fundamentally, liberties enjoyed by people offline must also be protected online, because the human right to privacy is essential to the â&#x20AC;&#x153;American Idea.â&#x20AC;?

Works cited Bates, John D. “Foreign Intelligence Surveillance Court.” EFF.com. Electronic Frontier Foundation, n.d. Web. 26 Nov. 2014. “Fourth Amendment.” LII / Legal Information Institute. Web. 25 Nov. 2014. <http://www.law.cornell.edu/wex/fourth_amendment>. Pillay, Navi. “The Right to Privacy in the Digital Age.” Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secretary-General(2014): 2-15. Ohchr.org. United Nations, 30 June 2014. Web. 26 Nov. 2014. S. 511, 95th Cong., 124 U.S. Govt. Print. Off. (1978) (enacted). Print. “The Universal Declaration of Human Rights, UDHR, Declaration of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights.” UN News Center. UN, 10 Dec. 1948. Web. 25 Nov. 2014. <http://www.un.org/en/documents/udhr/>. “United Nations Official Document.” UN News Center. UN, 19 Nov. 2014. Web. 25 Nov. 2014.<http://www.un.org/ga/search/view_doc.asp?symbol=A/C.3/69/L.26/Rev.1> Wallace, David Foster. “Just Asking.” Atlantic 1 Nov. 2007. Print. Warren, Samuel, and Louis Brandeis. “The Right to Privacy.” Harvard Law Review 4.5 (1890): 193. Print. “Was Edward Snowden Justified?.” Wolfe, Dana. Intelligence Squared Debates. NPR. 18 Feb. 2014. Web. Transcript. “Your Digital Trail: Does The Fourth Amendment Protect Us?.” Zwerdling, Daniel. All Tech Considered. NPR. 2 Oct. 2013. Web. Transcript.

â&#x20AC;&#x153;Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has.â&#x20AC;? - Margaret mead