Category Archives: AIUofT Candlelight

By: Tia DeRuiter

In January of 2019, former U.S. President, Donald Trump, and his administration,
enacted the “Remain in Mexico” policy (MPP) (Abdalla, 2022). Since then, this program has
become a contentious issue, making up a key tenant in Joe Biden’s 2020 election campaign
(Abdalla, 2022). Shortly after President Biden’s inauguration, he ceased accepting new
enrollments in this program, and finalized the eradication of MPP in June of 2021 (Abdalla,
2022). While fulfilling his promises, two states, Texas and Missouri contested the removal in
court, and won, the program being reinstated in August (Abdalla, 2022). While Biden has
since asked the Supreme Court to overrule this decision, and will begin doing so in April of
2022, the program continues (Abdalla, 2022).

Former president, Donald Trump, made much of campaign and tenure, on the premise
of anti-migration and xenophobic sentiments (Abdalla, 2022). The MPP program is in
consequences of these discriminatory ideologies, looking to end “frivolous” asylum-claims
(Abdalla, 2022)). This program mandates the removal of any arriving migrants to the
U.S.-Mexico border, forcing them to, much like its namesake, remain in Mexico (Human
Rights Watch, 2022). These migrants must stay in Mexico while their claims are heard in
court, processed, and ultimately until the decision has been made to grant or deny them entry
into the U.S. (Abdalla, 2022).

Since its establishment in 2019, this program has come under heavy criticism for the
dangerous conditions and violence asylum seekers are subjected to as a result (Abdalla, 2022;
Human Rights Watch, 2022). It is estimated that over 71,000 migrants have been a part of this
program in its duration, including children, and people with disabilities and chronic health
issues (Human Rights Watch, 2022). Subsequently, many of these asylum seekers have
reported to be at risk of and experienced violence, including rape, extortion, kidnapping, and
murder (Abdalla, 2022). According to Human Rights Watch (HRW), this number reached
upwards of 1,500 as of February 2021 (Human Rights Watch, 2022). Many of these migrants
have also reported a lack of access to basic services, such as health care (Human Rights
Watch, 2022). In addition to these grave violations of human rights, these asylum seekers
have also been forced to to wait months, and even years to have their claims heard in court
(Abdalla, 2022). This program is evidently a violation of human rights law, international law,
and migration law, and yet it continues.

Since courts in Missouri and Texas ruled in favour of reinstating the program last
year, Biden and his administration has made strides to make the process safer for
asylum-seekers (Abdalla, 2022). Including providing interviews to evaluate the threat of
returning to Mexico, determining whether these asylum seekers are well-founded in their
fear, and thus not safe to return to Mexico (Abdalla, 2022). In addition to making access to
lawyers readily available, and mandating that case decisions be made within 180 days
(Abdalla, 2022). While these changes may be a step towards protecting more migrants, they
are also largely symbolic. Migrants and asylum seekers alike continue to have their rights
violated, and those who are forced back to Mexico, remain in danger.

This programs, and others like it, such as Title 42, a policy restricting asylum-claims
during Covid-19, are evidence of the United States’ failing immigration laws, and
xenophobic foundations (Human Rights Watch, 2022; Montoya-Galvez, 2022). It has been,
according to HRW (2022), fundamental to Donald Trump’s efforts to destroy the
asylum-system in the U.S., and to the exacerbation of the inadequacies of the current system.
Ultimately, creating an institution that is deleterious to immigrants, and in contradiction to
many laws. Sparking investigations into this program, and others like it; court challenges, and
appeals to previously made legislative decisions by human rights groups, and others (Human
Rights Watch, 2022).

In February of 2022, the Supreme Court answered calls-to-action by many of these
organizations, deciding to rule on the ultimate fate of the MPP program (Montoya-Galvez,
2022). Arguments will begin in April of this year, against the court decisions to restore the
policy (Montoya-Galvez, 2022). This case is a part of many other’s taken out by the Biden
administration to fight the numerous blocks the Texan government has made to President
Biden’s immigration policies (Montoya-Galvez, 2022). While there is hope that the Supreme
Court will overturn the smaller court’s decisions, effectively ending the MPP’s reign, it does
not end the atrocious conditions migrants experience when attempting to enter the United
States. The high-levels of migrant apprehensions, and later detainments, in conjunction with
other discriminatory policies, such as the aforementioned Title 42, continue to contribute to
the deplorable circumstances surrounding migration (Montoya-Galvez, 2022).

References

1. Abdalla, J. (2022, January 7). ‘Remain in Mexico 2.0’: How did the Trump-era policy get
   revived? Aljazeera.
   https://www.aljazeera.com/news/2022/1/7/remain-in-mexico-how-did-a-trump-era-pol
   icy-get-revived
   2. Human Rights Watch. (2022, February 7). ‘Remain in Mexico’: Overview and Resources.
   Human Rights Watch.
   https://www.hrw.org/news/2022/02/07/remain-mexico-overview-and-resources
   3. Montoya-Galvez, C. (2022, February 19). Supreme Court agrees to weigh in on legal fight
   over the ‘Remain in Mexico’ border policy . CBS News.
   https://www.cbsnews.com/news/immigration-supreme-court-remain-in-mexico-border
   -policy/

By: Tia DeRuiter

As the Winter 2022 Olympic Games come to a close, the questions of its morality still
persist. Located in Beijing, China, this year’s Olympics came under immense criticism
throughout the media due to the numerous human’s rights abuses occurring in the country.
Despite the high levels of surveillance throughout the country, restrictions in freedom of
speec, and the persecution, detainment, and torture of Uyghur Muslims and other ethinic
groups, the Games continued (Lamney 2022; Wharton, 2022). Many human rights
organizations challenged the International Olympic Committee’s (IOC) choice to hold the event
even in the country, as it has been recognized that China’s behaviours are paramount to
extreme human rights abuses, and the treatment of the Uyghur Muslims akin to genocide
(Lamney, 2022). Calling into consideration the ethics of the Olympics.

Unfortunately, the criticisms are not new, similar ones were raised prior to 2008
Summer Games in Beijing (Lamney, 2022). Many hoped these Games would prove to be
beneficial for China, encouraging them to better-position themselves in the world, as well as
improve their human rights (Lamney, 2022). Yet, these optimisms proved futile, while China
has grown influentially in the last decade, its ill-treatments of its citizens have become more
dire (Lamney, 2022).

Over the past decade, the world has seen China evolve into an authoritarian state, its
population under constant surveillance, and facing harsh punishments for speaking out
against the regime (Lamney, 2022). In 2017, numerous reports came forth, detailing the
experience of Uyghur Muslims, and other ethnic minorities, experiences in China’s Xinjiang
“re-education” camps (Amnesty International, 2022). Including arbitrary imprisonment,
torture, forced labour, forced sterilization and abortions, and the suppression of Islam
(Amnesty International, 2021). Under the guise of quelling extremism, the Chinese
Government has gone to extraordinary lengths to mask the true nature of these camps
(Amnesty International, 2021). Since then, numerous human right’s organizations, and
governments alike have called out China’s deplorable violations, such as Amnesty
International, and Human Rights Watch

When it was confirmed, in the spring of 2021, that the Winter Olympics will indeed
be held in Beijing, it sparked a wave of denouncements on the international stage. While
many columnists drew attention to the rights abuses, and the boycotts government officials,
like President Biden, have made, few called out what this piece will argue should have
happened: a complete boycott while the Games remained in China (Wharton, 2022).

A key point being made in many articles is that a total boycott of the Olympics would
be harmful, taking away chances the athletes have worked their whole lives for (Lamney,
2022; Wharton, 2022). While it is difficult to not sympathize with this viewpoint, and the
athletes potential loss, it is, in my opinion, inappropriate to dismiss the situation in China for
this reason. Yes, athletes work hard, devote their lives, and give up a lot for their sport, but
people in China are being persecuted for their religion, tortured for basic beliefs, and
imprisoned for speaking out against these injustices (Amnesty International, 2021). The stage
may be the largest in the world, the exposure and competition like no other for the athletes,
but that is not justification for complicity in this treatment. Like many human rights
organizations, this excusal of China’s violations is akin to sports-washing (Regencia, 2022).
That being, “the practice of an individual, group, corporation, or nation-state using a major or
prestigious international sport to improve its reputation, through hosting a sporting event, the
purchase or sponsorship of sporting teams, or by participation in the sport itself’ (Wikipedia).
Much like the Summer 2008 Olympics in Beijing, this event, and the attendance of it, not
only ignores the human rights abuses, but provides China with a stage to boost its reception
(Lamney, 2022; Regelcia, 2022). Despite the devastation it would be for athletes to miss-out
on the Olympics, it is what should have been done, if not to call out China’s atrocious
behaviours, then to not excuse them, or grant an opportunity to disguise them.

The IOC, and some athletes alike, took this excuse one step further, calling the
Olympics a space free from politics, which is instead focused on unity (Lamney, 2022;
Wharton, 2022). While the claim itself is not only preposterous, it is also historically and
contemporarily inaccurate. The Olympics has long been used as international stage for
politics, from the 1936 Games in Germany during the Nazi regime, to Tommie Smith and
John Carlos raising their fists during the American anthem in the 1968 Mexico City Games
(Lamney, 2022; Wharton, 2022). It too has been contended that the continued existence of the
Olympics itself rests in politics, those in which are quite troublesome (Wharton, 2022). This
year’s Olympics, and the decision to hold them in China, is claimed to be one in which stems
from China’s monetary status as an authoritarian state (Wharton, 2022). Unlike other
democratic countries, China does not have to ask and get permission for spending large
amounts on the Olympics, rather its state has full discretion over its spending (Wharton,
2022). Because of this, many have speculated that in the near future, we will begin to see a
pattern of the IOC choosing authoritarian states for their hosts, in order to avoid obstacles and
conflicts in planning and hosting the Games (Wharton, 2022). Thus, while the IOC contends
the Olympics to be a space free from politics, it is entrenched in them, and nothing to ignore.
These are not the Games of unity, but rather those of division, placing the athletes’ and
viewers’ importance above those suffering grave rights violations in China.

The Olympics have long been an enjoyable event for many people, supporting your
country’s athletes, and watching the best of the best. Yet, this year’s Games have posed a
difficult situation for many, between rooting for their country, and acknowledging the
egregious human rights violations occurring in China. While it is hard not to see the validity
of the athletes’ attendance at this year’s Olympics, especially when appealing to emotions, it
is nonetheless a Games entrenched in ethics. In my opinion, this year’s Olympics were
unethical, dismissive, and unfortunately communicative of a disastrous message. That being,
it is okay to put aside China’s atrocious behaviours, and allow them to mask such, in order to
continue the event, its profits, and ultimately its blissfully ignorant enjoyability on an
international stage.

References

1. Amnesty International. (2022, January 11). China: Draconian repression of Muslims in
   Xinjiang amounts to crimes against humanity. Amnesty International.
   https://www.amnesty.org/en/latest/news/2021/06/china-draconian-repression-of-musli
   ms-in-xinjiang-amounts-to-crimes-against-humanity/
2. Lamney , D. (2022, February 6). We can’t let China use the Olympics to mask genocide and
   human rights abuses . The Guardian.
   https://www.theguardian.com/commentisfree/2022/feb/06/we-cant-let-china-use-olym
   pics-mask-genocide-human-rights-abuses
3. Regencia, T. (2022, February 3). Chinese exiles: Boycott winter olympics over Uighur
   ‘genocide’. Winter Olympics News.
   https://www.aljazeera.com/news/2022/2/2/chinese-exiles-boycott-beijing-olympics-ov
   er-uyghur-genocide
   Wikipedia (n.d.). Sportswashing. Wikipedia. https://en.wikipedia.org/wiki/Sportswashing
4. Wharton , D. (2022, February 1). The ‘feel guilty games’?: China’s human rights issues have
   forever marked the Beijing Olympics. Los Angeles Times.
   https://www.latimes.com/sports/olympics/story/2022-02-01/feel-guilty-games-beijingwinter-olympics

By: Lara Hovagimian

Background

Turkey’s decision to ignore the Council of Europe’s deadline to release Turkish activist and businessperson Osman Kavala has come as no surprise. Assaults on human rights and the rule of law have been commonplace in the last few years, particularly since the attempted 2016 coup against President Recep Tayyip Erdoğan. In fact, Kavala was indicted due to his alleged role in the July 2016 attempted coup, hours after being acquitted for “attempting to overthrow the government by force and violence” in connection with the 2013 mass protests which began in Gezi Park (Human Rights Watch, 2020). Kavala was accused of financing the Gezi Park protests, attempting to overthrow the government by helping orchestrate the 2016 coup, and espionage. He denies the charges, which carry a life sentence without parole. After a hearing on January 17, 2022, a Turkish court ruled that Kavala should stay in prison, despite his more than four years in pre-trial detention (ABC News, 2022).

The European Court judgment in Kavala v. Turkey (Application no. 28749/18) found violations of the following provisions of the European Convention on Human Rights: Article 5(1) (right to liberty and security), Article 5(4) (right to a speedy decision on the lawfulness of detention), and the rarely used Article 18 (limitation on use of restrictions on rights) taken together with Article 5(1). The Court continues to demand the Turkish government to release Kavala. Any continuation of his detention would prolong the violations and breach the obligation to abide by the judgment in accordance with Article 46(1) of the Convention. The Court said that by detaining Kavala, the Turkish authorities have “pursued an ulterior purpose, namely to silence him as human rights defender” (International Commission of Jurists, 2020).

Osman Kavala’s History of Activism

In 2002, Kavala founded the civil society organization Anadolu Kültür. It works towards developing collaborations among artists, cultural workers, and NGOs from Turkey and its neighbours, as well as other countries. The organization also supports youth social involvement, and implements projects to strengthen Turkey’s relations with Armenia. It has also published works relating to the history of the Armenian Genocide and the Syrian refugee crisis (Anadolu Kültür).

What Can You Do?

You should consider signing a petition to release Osman Kavala from prison at https://www.osmankavala.org/en/statements-about-osman-kavala/202-a-petition-to-the-president-prime-minister-and-grand-national-assembly-of-turkey-by-an-international-network-of-artists. The petition appeals to the President, Prime Minister and Grand National Assembly of Turkey to review the case of Osman Kavala as a matter of urgency. This petition has already been signed by several prominent academics and journalists, including Thomas de Waal, Christina Maranci, and Clare Shine.

You should also considering looking at Anadolu Kültür’s publications at https://www.anadolukultur.org/EN/36-our-publications/, which remain the fruits of Kavala’s work as an activist.

References

1. “Turkey: Events of 2020.” Human Rights Watch, https://www.hrw.org/world-report/2021/country-chapters/turkey#.
2. Bilginsoy, Zeynep. “Turkish court rules to keep philanthropist Kavala in prison.” ABC News, ABC, January 17, 2022, https://abcnews.go.com/International/wireStory/trial-philanthropist-dozens-resumes-turkey-82303822.
3. “Turkey: Release Osman Kavala.” International Commission of Jurists, September 7, 2020, https://www.icj.org/turkey-release-osman-kavala/.
4. Anadolu Kültür, https://www.anadolukultur.org/EN/.

By: Hero Aiken

Internationally, Canada has a spotless reputation. It is a clean, developed, technologically advanced country with a plethora of natural resources. In addition, the people are known for their kindness and exemplary treatment of others. In fact, to foreigners, “Canada is bathed in a glow as rosy as the leaf upon its flag.” (How Canada is Perceived Around the World, CBC, §3). The city of Toronto represents the crowning jewel of Canadian urbanism for many. It merges sophistication, excitement, opportunity and wonder, all while boasting the title of “most multicultural city in the world.” (Toronto: the City of 140 Languages, BBC). For these reasons, it might give the uninformed observer whiplash to consider the underlying failures of this fabled city to protect its most vulnerable. On a daily basis, commuting along Toronto’s major arterial roads will expose the commuter to countless unhoused individuals. It is enough to shatter any unqualified and false illusion of the city and, by extension, the country as a whole and its citizens. On average, 8,700 Torontonians are experiencing homelessness on any given day. This means that for every 10,000 people in Toronto, approximately 30 are homeless (About Toronto Homelessness, Homes First). And yet, the city maintains only 6,800 beds for those experiencing homelessness, many of which are only 24-hour respite beds (City of Toronto). How can good PR mask such glaring negligence of our most at risk? When brutal Canadian nights are spent in outdoor parks and on street corners, babies and seniors alike feel hunger gnawing at their insides. More than 100 unhoused people died in Toronto in 2021 alone (CBC). How do we muster the audacity to present such a falsely noble image to the world?

From this example come the following questions: where has this delusion come from? Who is perpetuating it? What are the consequences of its continued existence and success?

Unfortunately, in the midst of tragedy, the overwhelming response often consists of disguising the issue. For example, in the case of homelessness in Toronto, funds and efforts are lent to make transit shelters and subway stations inaccessible to those in need of shelter. Iron bars are placed on park benches to avoid the unseemly sight of someone hopeless to get some rest. Unnecessary architecture, like the pop-up restaurant that evicted dozens of unhoused individuals in 2019, misuse resources that could be allocated to the care of these people. These changes do nothing to solve the underlying issues which cause homelessness (The Problem with Literally Dining in A Bubble, Toronto Star). Toronto is not alone in this hypocrisy, perpetuating an aura of wholesome trustworthiness while simultaneously declining to meet the needs of the people. Many are those jurisdictions that enjoy a glamorous appearance in the sight of the world, all while perpetuating injustices on their people. Failure to clothe, feed and house all those who are in need is among humanity’s greatest failures. Who can we rely on if we cannot rely on each other?

The above is a concrete example of this frightening phenomenon. If it a surface level slight -if the material reality of millions was not affected by this farce – it would be unreasonable of me to condemn it so harshly. After all, who has not attempted to show their best face to the world? Who does not shy away from their faults? As it stands, however, the failure to recognize this issue will prevent the full provision for the survival and thriving of individuals both locally and worldwide. Thus, we would be irresponsible to denounce it in any but the clearest terms. How can we respect the humanity of each person 一 including “the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services” (UDHR) 一 if we do not acknowledge that it is not indeed being respected? To amputate the roots of inequality and suffering in society, we must cease to be dazzled by the blooms of good manners and good PR. This article aims to sweep aside these distractions and reveal our dangerous attitudes towards injustice and inequality. As long as an ounce of humanity’s energy is spent masking our equals’ suffering, rather than working towards the alleviation of their suffering, we will fail to enact lasting change.

Our greatest strength as humans lies in our ability to collaborate and pool our resources. Conversely, our greatest weakness is our propensity towards factionalism and discord. That said, two things can be gleaned from this: first, we will be unable to act ethically and care for all of humanity if we do not overcome the delusion that we are already doing so. Second, if we do not overcome this misapprehension and work together to provide equality, all will be weakened. Even those who do not suffer acutely from inequality will not fail to suffer from the failure to address it. These are the stakes we are operating under. We cannot afford to hide from our mistakes any longer.

Works Cited

“About Toronto Homelessness.” Homes First, 9 Feb. 2021,

homesfirst.on.ca/about-toronto-homelessness/#:~:text=There are approximately 8,700 people,wait list for supportive housing.

City of Toronto. “City of Toronto 2021/22 Winter Plan Adds Additional Shelter Spaces, Affordable Homes and Enhanced Street Outreach for People Experiencing Homelessness.” City of Toronto, 22 Oct. 2021,

www.toronto.ca/news/city-of-toronto-2021-22-winter-plan-adds-additional-shelt er-spaces-affordable-homes-and-enhanced-street-outreach-for-people-experie ncing-homelessness/#:~:text=From April 2020 to September,within the Toronto Community Housing.

Drolet, Gabrielle. “The Problem with Literally Dining in a Bubble.” Thestar.com, 8 Apr. 2019,

www.thestar.com/opinion/contributors/2019/04/08/the-problem-with-literally-dini ng-in-a-bubble.html.

“Ever Wonder Why You Can’t Lie down on Most City Benches? It’s Thanks to ‘Defensive Design’ | CBC News.” CBCnews, CBC/Radio Canada, 2 July 2019, www.cbc.ca/news/canada/toronto/how-defensive-design-leads-to-rigid-benches -metal-spikes-and-visual-violence-in-modern-cities-1.5192333.

“More than 100 Unhoused People Died in Toronto This Year. Some Say the Shelter System Is ‘Crumbling Quickly’ | CBC News.” CBCnews, CBC/Radio Canada, 30 Dec. 2021,

www.cbc.ca/news/canada/toronto/homeless-deaths-toronto-2021-1.6300513. “Toronto: the City of 140 Languages.” BBC Travel, BBC,

www.bbc.com/travel/article/20170728-canadas-city-of-140-languages.

Aiken 5

“Universal Declaration of Human Rights.” United Nations, United Nations, www.un.org/en/about-us/universal-declaration-of-human-rights.

“What the Rest of the World Thinks of Canada | CBC News.” CBCnews, CBC/Radio Canada, 3 July 2015,

www.cbc.ca/news/canada/how-canada-is-perceived-around-the-world-1.31323 43.

By: Peter Xavier Rossetti

As Kazakhstan made its way into the new year, the Central Asian country was gripped by intense civil unrest. The rage and anger emitted from the people of Kazakhstan erupted into a violent explosion seemingly overnight, but, in reality, this chaos has far deeper roots. For a long time now, Kazakhstanis have been in great discontent with their government and leaders. With limited room for democracy and transparency, Kazakhstan, a former member of the Soviet Union, seems to have been placed in a strange gray zone. It exists in a post-Soviet era but does not share much of the change and reform that other ex-Soviet states enjoy. Now the floodgates which held in the people’s collective resentment seem to have flung wide open, and the culprit is the most common thing in the country: oil.

Kazakhstan has an abundance of oil. According to Reuters, the country has recently produced 1.6 million barrels of oil per day (Bousso and Edwards, 2022). Such a vast tap into this highly coveted resource has helped keep fuel prices relatively low for Kazakhstanis. These affordable prices extend to include a certain type of fuel called liquefied petroleum gas, or LPG, which many in the country use for transportation (BBC, 2022). However, as the new year approached, the price of LPG spiked upwards to an uncomfortable level for the majority of Kazakhstanis. In outrage, citizens in the western end of the country headed to the streets in protest even though unauthorized gatherings and demonstrations are illegal in Kazakhstan (BBC, 2022). As the demonstrations continued and spread with more people joining in all over the country, it soon became clear that this was not only about LPG prices.

The lack of democratic rights and freedoms in Kazakhstan has been deemed the true source of the movement. What started as a wave of anger over sharply rising fuel prices has evolved into a much more encompassing demonstration. A brief background in Kazakhstani political history in the post-Soviet era is necessary to fully understand why this is the case.

Since its independence from the Soviet Union until 2019, Kazakhstan has been openly ruled by one man – Nursultan Nazarbayev (Walker, 2022). Nazarbayev stepped down in 2019, giving way to the new and current president, Kassym-Jomart Tokayev. It is strongly believed that Nazarbayev still controls Kazakhstan, with Tokayev acting as a mere political puppet. This assertion is supported by the fact that Tokayev comes from Nazarbayev’s party, the Nur Otan party, and was personally hand-picked by the former president himself (Putz, 2021). Therefore, Kazakhstan is still under the control of the same man. What all of this means is that this Central Asian nation has remained politically stagnant for thirty years straight.

Those years in question were not specifically prosperous for anyone but the select few individuals in power. The Nur Otan party has been routinely connected to corruption, suppression of the press, a lack of transparency and other autocratic tendencies. The government under Nazarbayev has afforded its citizens very little in the way of rights and freedoms. This oppressive way Kazakhstan treats its citizens has built strong resentment towards the Nur Otan party and government. This irritation had seemed to finally hit a breaking point at the beginning of January. For the people of Kazakhstan, it is no longer about fuel prices. It is about their treatment over the last thirty years.

Unfortunately, due to government-issued internet blackouts, the details revolving around the Kazakhstan protests, as they were happening, are inconsistent (Kirby, 2022). However, we can be sure that the clash between civilians and law enforcement resulted in the government’s brutal measures to cease the protests. As the protests spread over the country, they began to get into violent contact with police and other authorities. According to the Almaty – the biggest city in Kazakhstan – police force, dozens of protesters were killed, and hundreds were arrested during the days the protests and riots gripped the city (Regan, 2022). It is a similar pattern in other large cities throughout the country. Rioting, vandalism and looting became a common feature as the protests devolved into mindless violence between police and civilians.

Even as the government, barring President Tokayev, resigned, the protest and violence continued. The president eventually denounced the protesters as “terrorist bands” and called upon Kazakstan’s allies in the Collective Security Treaty Organization (CSTO) to dispatch peace-keeping forces (Thomson Reuters, 2022). The CSTO is an alliance of ex-Soviet states, including Russia, to help its members maintain order in their own respective countries. The alliance had dispatched 2,500 troops, most of whom were Russian (BBC, 2022). With the military and law enforcement beginning to take back control in Kazakhstan cities, the protests and riots began to lose momentum.

The violence in Kazakhstan has been destructive to the Kazakhstani state and the average civilian businesses and families that were ruined in the chaos. As the dust from these events settled, Kazakhstan has found itself polarized and shaken. No one can say for certain what will happen next, but there is an obvious path forward – that being peaceful reform to the country. With its abundance of natural resources, Kazakhstan can improve the lives of all its citizens but instead chooses to make the very few and powerful richer. The injustices that have been served to the citizens of Kazakhstan for more than thirty years must end. The people of this Central Asian nation should be able to choose their future and not live under one predetermined by one man. The citizens of Kazakhstan deserve better and should not have to choose between living in a state of tyranny or one of turmoil.

Citations

Bousso, Ron and Rowena Edwards. “Key Kazahk oilfield hit by protests.” Reuters. January 6, 2022.

https://www.reuters.com/business/energy/chevron-says-production-continues-kazakhsta n-oil-venture-2022-01-06/

“Kazakhstan: Why are there riots and why are Russian troops there?” BBC. January 10, 2022. https://www.bbc.com/news/explainers-59894266

Kirby, Jen. “How protests in Kazakhstan could become a geopolitical crisis.” Vox. January 8, 2022.

https://www.vox.com/2022/1/8/22872642/kazakhstan-protests-russia-troops-putin

Regan, Helen. “Kazakhstan is in turmoil and regional troops have been sent to quell unrest. Here’s what you need to know.” CNN. January 7, 2022.

https://www.cnn.com/2022/01/06/asia/kazakhstan-almaty-protests-explainer-intl-hnk/inde x.html

Putz, Catherine. “Nazarbayev to Step Down From Nur Otan Party Leadership.” The Diplomat. December 2, 2021.

https://thediplomat.com/2021/12/nazarbayev-to-step-down-from-nur-otan-party-leadershi p/

Thomson Reuters. “Kazakhstan protests turn deadly as crowds storm, torch public buildings.” CBC. January 5, 2022.

https://www.cbc.ca/news/world/kazakhstan-fuel-protests-1.6281653

Walker, Shaun. “Kazakhstan president vows to destroy ‘bandits and terrorists’ behind protests”. The Guardian. January 7, 2022.

https://www.theguardian.com/world/2022/jan/07/kazakhstan-president-vows-to-destroy-b andits-and-terrorists-behind-protests

By: Nima Ashtari

Saturday, January 8th, marked exactly two years since Iran’s Islamic Revolutionary Guard Corps (IRGC) shot down Ukraine International Airlines Flight 752 (PS752) over Tehran, killing all 176 passengers and crew on board (Al Jazeera 2020). Of the passengers, 138 had ties to Canada, and 8 were members of the University of Toronto community (Matti 2020). Canada has the opportunity to affirm its human rights commitments by vigorously demanding answers, accountability, and justice for the victims of PS752 and victims of countless other human rights abuses perpetrated by the Iranian regime. However, the Canadian response has thus been inadequate.

Two years after the downing of PS752, families of the victims and their loved ones are still struggling to find answers from the Iranian government and garner meaningful support from the international community. In the three days following the tragedy, Iran sought only to obfuscate and deny: Iranian authorities promptly bulldozed the crash site to remove evidence and blamed the tragedy on engine failure (Reuters 2020). As multiple intelligence agencies compiled evidence suggesting that the IRGC was involved, Iran was forced to change its narrative. On July 11th, the Iranian government admitted that the IRGC shot down the aircraft by accident after mistaking it for a hostile target (McKernan 2020). To this day, Iran’s halfhearted admission of guilt remains the only source of closure for the families of the deceased passengers. An independent investigation of the crash in line with international standards was never completed. Iran has yet to impose legal consequences on any senior officials involved in the decision to fire at the aircraft.

Fortunately, the families of some of the victims have been able to find marginal relief through a civil lawsuit in the Ontario Court of Justice. Last May, Justice Edward Belobaba of Ontario’s Superior Court of Justice ruled in a civil lawsuit that Iran’s actions on January 8th constituted an intentional “act of terrorism” (Burke and Tizhoosh 2021). On January 3rd, the same court awarded $107 million in compensation to a small group of plaintiffs who had lost loved ones in the crash (Burke 2022). However, the significance of the judge’s ruling is severely dampened by the fact that Iran declined to represent itself in court and will undoubtedly use the ruling as an excuse to distance itself from the negotiating table. Additionally, financial compensation has never been a priority for the affected family members, who want to see the IRGC be held accountable and for the truth to be revealed.

Hamed Esmailion serves as President of The Association of Families of Flight PS752 Victims. In his January 8th speech commemorating the second anniversary of the downing of the flight, he emphasized the lack of interest most families have in seeking financial compensation before other thorough investigations. “We will not contemplate any financial compensation before the truth, and nothing but the truth is revealed,” Esmailion said. “[Canada] told us to be patient. They told us that all options are on the table. And we waited for these options to be checked off. But now, after two years, we realize that our patience has not paid off” (PS752Justice 2022).

Esmailion and the Victims’ Association have repeatedly voiced the avenues Canada must pursue with urgency if it hopes to deliver the justice and truth victims are seeking. Canada should launch an international investigation into the regime’s conduct and present its findings to the International Civil Aviation Association (ICAO) and the International Court of Justice (ICJ). These findings could help shed light on Iran’s true motives, reveal the specific officials involved in the decision to down the aircraft, and assign responsibility accordingly. Canada could continue by designating the IRGC as a terrorist organization in response to its crimes, encouraging other countries to do the same. Perhaps most importantly, Canada should apply maximum pressure on the Iranian regime by employing the Magnitsky Act against Iran and attempting to seize any available Iranian assets in Canada.

Instead of pursuing any of these solutions, the Canadian government has preferred to engage in the impossible task of diplomacy with Iran, hoping that the regime will negotiate in good faith with Canada and the families of victims. Iran has rarely, if ever, shown the capacity for good faith negotiations with Western powers, and Canada should stop trying.

Unfortunately, Iran’s actions on January 8th and in the weeks following were not particularly surprising. The regime is burdened by a long and bloody record of human rights abuses, from its brutal execution of thousands of political dissidents in 1988 to its deadly hostility toward demonstrators protesting a fraudulent election in 2009 or a lack of clean water in 2021. The Islamic Republic of Iran will continue infringing on internationally recognized human rights with impunity until its demise, which is why all foreign policy directed towards Iran should ultimately aim to remove the Islamic Republic’s clerics from power. A good place to start would be for the West to stand with the families of the victims of PS752 in firm solidarity and demand accountability, truth, and justice from the regime. As the world witnessed after the downing of PS752, the Islamic Republic’s crimes are not a problem for Iran’s people alone—the regime’s crimes reverberate pain and suffering throughout the world.

Sources:

Al Jazeera. 2020. “‘No survivors’: Ukrainian jet crashes in Iran with 176 on board.” Al Jazeera, January 8, 2020.

Burke, Ashley, and Nahayat Tizhoosh. 2021. “Iran intentionally shot down Flight PS752 in ‘an act of terrorism,’ Ontario court rules.” CBC, May 20, 2021.

Burke, Ashley. 2022. “Ontario court awards $107M to families of Flight PS752 victims.” CBC, January 3, 2022.

Matti, Mariam. 2022 “‘They all moved to Canada to do something bigger’: Remembering the victims of Flight PS752.” UofT News, January 7, 2022.

McKernan, Bethan. 2020. “Iran admits unintentionally shooting down Ukrainian airliner.” The Guardian, January 11, 2020.

PS752Justice. 2022. “LIVE: 2nd Anniversary of the Downing of Flight PS752.” YouTube Video, January 8, 2022. https://youtu.be/AvtUn5XyXjY

Reuters Staff, 2020. “Iran denies Ukrainian plane was hit by missile – statement.” Reuters, January 9, 2020.

Academics are actively discouraging Black students from pursuing academia through
anti-Black sentiments.

By: Jasmin Smith

Portrait of the Black Student

When I was fifteen years old, my favourite English teacher taught me a lesson:
academia is more important than my comfortability. “Your fellow students will have
permission to say the n-word when reading,” she said, “and if you’re upset about that, you’ll
need to mature some more, because that’s what it will be like in university.” There were only
two other Black kids in my class, and we attended the only predominantly white high school
in our city.

Two years later I would graduate with honours and attend my top choice of university,
one of the best in Canada. This university is where I learned my second lesson: Black people
are not wanted in academia. My institution, one that I had gone through a laborious process to
decide on, had decided to come out in solidarity for a white professor who said the n-word.
Never in my life, until that moment, have I ever felt so out of place or unwanted somewhere
that I had paid thousands of dollars to attend. I had turned down better schools because I felt
the institution would be a perfect fit, and here I was, having hateful messages sent to my
Twitter account because I had spoken out about my disappointment towards the university.

A few weeks ago I was taking a break from work when I saw a news headline pop-up
on my phone, feeling my heart sink to my feet. A teacher at a high school in one of Canada’s
most diverse cities— one of the few Canadian cities that made me feel safe as a Black
person— had gone to class in blackface as a Halloween costume. My first thought wasn’t
disgust or anger; in fact, the teacher himself was the last of my worries. The first thing I felt
upon reading the article was despair, and it was despair for the students.

Race in Childhood

Children are not born with an inherent ability to discriminate towards other races;
they are a completely blank slate, influenced by every aspect of their upbringing until they
are old enough to establish their own opinions.

Studies from the University of Toronto have been able to establish that between 6
months and 12 months of age, babies develop a preference towards their own race. This
occurs as a result of their environment and social group, and will not occur if babies are
surrounded by a diverse group of people during these crucial months (Weir, 2021).

Until the age of roughly five years old, children are conditioned mostly by their
families and those that they are often in contact with – thus their biases will begin to reflect
those of their parents and relatives (Weir, 2021). At this point in life, it is too early for them to
be influenced by institutional or societal perspectives on race.

Race in Canadian Public School Systems

At five years old, in a school setting, children are more likely to see their Black peers
getting in trouble or struggling academically (Weir, 2021). Black students are more likely to
be blamed for classroom problems, and more likely to be accused of cheating. These
struggles faced by young Black students are not a result of their lack of effort or intelligence,
but a result of the lack of primary assistance received from their teachers, who are often more
focused on the success of their white peers. There are many alarming statistics regarding the
correlation between race and graduation rates in American schools, with only 73% of Black
Americans graduating, in contrast with 87% of white Americans (Weir, 2016). Canada,
however, seems resistant in the collection of race-based data in public school districts.

Toronto is one of the few Canadian cities that has examined the connections between
economic status, sex, and race in connection with education. In a 2018 study published in the
Canadian Journal of Higher Education, it was found that Black secondary school students in
the Toronto District School Board were less likely to be in completely academic streams in
comparison to their white counterparts, and they were found to have worse grades overall
(Robson, Anisef, et al., 2018). The study also concluded that black students were less likely
to attend university, and most notably, that “inequality in later-life outcomes is rooted in
early-life disadvantages” (Robson, Anisef, et al., 2018).

These Black students are not suffering academically due to a lack of intelligence or
ability, but a dire lack of support from academic staff. When young students witness their
peers being treated as if they are undeserving by figures of authority, especially those who are
meant to be teaching them about the world around them, they grow to assume these biases
themselves. From this comes stereotypes regarding Black people being unintelligent or only
having the capabilities to perform labour jobs. If this uncaring nature towards Black students
is stemming from the exact same people that are meant to nurture them most, and their peers
are adopting the same sentiments, when does that begin to reflect in their self-worth?

Racial Trauma and Adverse Childhood Experiences (ACEs)

According to the CDC, Adverse Childhood Experiences “are potentially traumatic
events that occur in childhood (0-17 years)” and they can result in an inconceivable scope of
later life consequences, many of which can negatively shape the rest of an individual’s life.

The University of North Carolina’s School of Social Work has developed a
compelling argument as to why racism itself should be categorized as an ACE, as opposed to
just the consequences of it. Racism is a direct cause of violence, inaccessibility to healthcare,
and wrongful incarceration; however, the CDC fails to mention the impacts that racism itself
can have on mental and physical health (Lanier, 2020).

Putting aside the discrimination that occurs within the healthcare system, racism is
something that many Black people are forced to think about on a daily basis. Racism is
something that can be experienced anywhere, at any time, and it can even infiltrate spaces
that have been deemed safe. The constant threat of discrimination can cause mass amounts of
stress as well as other serious mental health problems, such as depression and anxiety
(Lanier, 2020). Moreover, constant stress can lead to hypertension, which is a direct cause of
many heart conditions and other serious physical health concerns (Lanier, 2020).

Children of colour, and particularly black children, are able to tell when their peers
harbour negative emotions towards them, and kids can begin to detect racism from a very
early age. In fact, “studies focusing in detail on perceived self-reported racism and
discrimination find rates around 90% for Black children” (Lanier, 2020). Experiencing racism
is an extremely traumatic experience at any age, but children are especially influenced by
discriminatory experiences, and they can often shape the success of a child’s future and the
choices they make later in life.

Back to Toronto

Now you may be wondering why such a long exposition was required in order to
discuss the Halloween incident that occured at Parkdale Collegiate Institute, but each of these
aspects are relevant to understanding the true harm done by the staff member.

The staff member’s costume had been reported by a student to the institution’s
vice-principal. Why was it that a student – a child in a categorically “safe space” – was the
one who had to tell wrong from right? As of November 17th, the teacher is no longer
employed at the institution, but the question still stands (Rocca, 2021). There are a number of
people that the teacher must have seen prior to arriving to class that morning. The school has
other teachers and staff, yet none of them held their colleague accountable before he entered
that classroom, irreparably changing many of those students’ perspectives on academia
forever.

The trauma resulting from racism is a feeling that I had never truly known until I
attended my first year of university. Once I had, I hoped that nobody else would have to
experience the same. Although it was idealistic of me, the hopeless, desolate realization of
society’s inherent discrimination is a feeling that can never be replicated, nor fully described
to someone who has not experienced it. A child should not have to endure a first encounter
with systemic racism, but it is unfortunately an aspect that is deeply ingrained within our
culture. However, despite the inevitability of discrimination, a child’s first experience with
racism should certainly not occur in an academic setting, where their parents are trusting the
school staff to protect and shield their children.

For at least one student in that classroom, the experience of having their educator
wear their race as some sort of caricature would permanently damage their view of the world.
When the teacher was put on home-assignment and not immediately terminated, that sent a
message: white voices are more important than Black comfortability in academia. I felt
heartbroken over reading about the event because I knew that these children would have to
learn the same lessons that I did. Some of them— who may feel the same love and adoration
towards academics that I always have— may be left with a sour taste in their mouth for the
rest of their education.

By: Serina Woo

Question & Rationale: What constitutes as police misconduct under basic law in Hong Kong? To what extent can the police be prosecuted for misconduct in Hong Kong protests? I am personally connected to this topic and am really interested in finding out more about it. My inquiry is based on the legal significance of police brutality, through which I examine the bindingness of legal principles, and attempt to identify gaps, opportunities and ambiguities in the law.

Disclaimer: Please note that this is an analysis from the issue pertaining to my perspective on the matter.

According to the Police Force Ordinance, a regulatory document by which Hong Kong police officers should abide by, officers should exercise a high degree of restraint when dealing with the public and it clearly states that the violation of police regulations constitutes as police.^[1] So far, not one police officer accused of police misconduct has been charged or prosecuted over protest-related actions.^[2] The Complaints Against Police Office (CAPO) is responsible for handling complaints concerning police misconduct, however, no information has been released from the Hong Kong government on the degree of prosecution police officers will receive. ^[3]

There are in total three issues that I discovered. 1. The term “police misconduct” is vaguely defined. 2. There is a lack of transparency of police guidelines. 3. The Independent Police Complaints Council’s (IPCC) is inadequate in responding to complaints

1. Vaguely defined term of “police misconduct” creates environment for government manipulation

A police representative told the Washington Post that the Hong Kong Police Force has always complied  with stringent protocols when patrolling protests and “regulations are “benchmarked” against international standards.^[1] However, there currently isn’t a definite definition for the term “police misconduct” in the Police Force Ordinance, and the vagueness of the term can easily be misunderstood and misinterpreted by the general public. Even worse, misused by law enforcers when evaluating whether one is guilty of police misconduct.^[2] To support this argument, The Nation accuses Hong Kong Police Commissioner Stephen Lo Wai Chung for publicly favoring the police officers by justifying their violent actions while intensifying public discontent by calling the clash “a riot”.^[3] The implications of a vaguely defined term not only leads to societal frustration, but also potential freeing of guilty law enforcers. Nonetheless, the missing definition of “police misconduct” allows punishment to be unaccounted for in the Police Force Ordinance.^[4] In a confrontation between police and protesters, police shot an 18-year-old boy in the chest at close range with their firearm. Reportedly, the police officer was not penalized but the student was charged with rioting and assault.^[5] Setting aside potential media bias and misinformation, the lack of transparency fostered anger amongst citizens. From a police officer’s point of view, the vague term increases the vulnerability of their job as well. On one hand, they could be falsely charged of police misconduct. On the other, it is easier for them to avoid liability. A commonly used argument of police officers for police brutality is self-defense. Since the term of police misconduct is defined vaguely, police are allowed to avoid responsibility. Such actions jeopardizes the reputation of the entire Hong Kong police force. Therefore, Hong Kong law enforcers should amend the Police Force Ordinance Sec 6 to include a clear definition of the term “police misconduct”, as well, include reasonable punishments for different instances.

2. Lack of transparency in police guidelines

“Violating police regulations” is the definition of police misconduct in the Police Force Ordinance, widely used by law enforcers.^[1] However, according to the Washington Post, the law-enforcement manuals containing police guidelines and training manuals was not disclosed to the public officially until December 24, 2019. Only after the “leak” of part of the manual.^[2] This lack of transparency of the manual allowed the government and law enforcers to justify the police officer’s violations of police on their own means, neglecting the undisclosed manual. A viral video on social media shows a 57 year-old retired mechanics instructor who was within 12 yards of a police line outside government offices. He was pleading for police to stop provoking protesters.^[3] During which, he began yelling obscenities.^[4] An officer aimed what looked like a gun at him. Soon identified by weapon experts that it was likely loaded with balls containing pepper spray.^[5] The old man fell on the ground and had to be carried away from the public. Yet, the police’s spokesperson claimed police officers acted with restraint.^[6] From which we could understand, the police saw firing shots at him was the only way to restrain him. Chapter 29 of the leaked Police General Orders details protocols around the use of force, mentioning that the only time officers are allowed to use “deadly force” is when there is “assault intended to cause death or serious bodily injury”, as well, officers should be “accountable to their own actions.”^[7] Applying this clause to the abovementioned incident, verbal threats should not be constituted as an intent to “cause death or serious bodily injury.” According to the manual, officers should’ve responded with verbal reinforcements or verbal.^[8] The Hong Kong government has not obliged to their international legal obligations to investigate alleged abusive police, and fails to demonstrate commitment to human rights and the rule of law. The implications of the lack of transparency highlights the need of such to maintain public order and to keep the public informed.

3. Independent Police Complaints Council’s (IPCC)  inadequacy in responding to complaints

There are currently two underlying problems with the IPCC. First, the complaints council’s panel is mostly made up of conservative and pro-government figures. The chairman of IPCC, Dr. Anthony Francis Neoh is appointed by Hong Kong’s chief executive Carrie Lam, who is appointed by the Chinese government.^[1] Dr. Neoh’s political stance is therefore mainly conservative and pro-government.^[2] As well, the vice-chairmen of the IPCC are mostly pro-government.^[3] Therefore, such politically biased leaders compromises the independent investigations of the complaints submitted. Second, the IPCC is inadequate in monitoring independent investigations launched by citizens because of their lack of legal power and investigation capability.^[4] According to the Nation, between 2011 and 2018, there had been approximately 2119 complaints about police beatings submitted to the IPCC, the IPCC had only confirmed 2 of the cases.^[5] This shows the incapability and inefficiency of the IPCC on dealing with complaints. Since the beginning of pro-democracy protests, it was reported by the South China Morning Post that the Hong Kong police had received 1,200 complaints regarding their behavior during protests.^[6] However, according to the IPCC official website, in the most recent publication of 2018-19, there were no published complaints concerning police misconduct or police brutality.^[7] In order to fully account to all complaints, the Hong Kong government would have to alter its complaint review system by granting the committee more legal power for investigation and interrogation, which ensuring that leaders’ decisions are not threatened by power.^[8]

Clearly, this legal issue currently present in Hong Kong is allowing accused police officers escape their legal responsibilities. Such discontent among citizens have taken a toll on Hong Kong’s economy as well, over reputation in the international community. The strains between police and citizens will forever by engraved in the history of Hong Kong politics. The threat placed on the civil rights of Hong Kong citizens is furthered by their vulnerable position during protests towards unregulated police force.

Sources:

1. Cap. 232 Police Force Ordinance. (2018, April 26). Retrieved from https://www.elegislation.gov.hk/hk/cap232?pmc=0&SEARCH_WITHIN_CAP_TXT=restrain&xpid=ID_1438402864250_002&m=0&pm=1
2. Mahtani, S. (2019, December 24). In Hong Kong crackdown, police repeatedly broke their own rules – and faced no consequences. Retrieved from https://www.washingtonpost.com/graphics/2019/world/hong-kong-protests-excessive-force/
3. Ho, R. (2019, November 27). The Hong Kongers Building a Case Against the Police. Retrieved from https://www.thenation.com/article/archive/hong-kong-police-brutality/
4. Sum, L.-kei. (2019, November 27). Police receive 1,200 complaints over handling of Hong Kong protests. Retrieved from https://www.scmp.com/news/hong-kong/law-and-crime/article/3039603/hong-kong-police-receive-1200-complaints-over-handling
5. Complaints Against Police Office, A Guide For Complaints. (2015, September). Retrieved from https://www.police.gov.hk/info/doc/pol/en/Pol_679.pdf
6. Complaint Cases and Recommended Improvements. (2018). Retrieved from https://www.ipcc.gov.hk/en/home/index.html
7. Hernández, J. C. et al (2019, June 30). Did Hong Kong Police Abuse Protesters? What Videos Show. Retrieved from https://www.nytimes.com/2019/06/30/world/asia/did-hong-kong-police-abuse-protesters-what-videos-show.html
8. Kuo, L. (2019, December 11). Foreign experts quit Hong Kong police brutality inquiry over lack of powers. Retrieved from https://www.theguardian.com/world/2019/dec/11/foreign-experts-quit-hong-kong-police-brutality-inquiry-over-lack-of-powers