Chaos in Kazakhstan: Protests, Violence and Russian Troops

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

Canada Must Demand Justice for PS752 Victims

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.

Secularism or Western Cultural Imperialism? Reflections on the Burquini Ban

By: Jude Lobo

Throughout the summer of 2016, armed police were found surrounding Muslim women on beaches in several cities in the French Riviera, ordering them to remove their burqini’s or be fined and forced to leave the beach in compliance with newly enacted laws. Such police acts were often carried out amidst many more modestly dressed non-Muslim beachgoers, such as divers dressed in full-body wetsuits and even nuns clad in their habits (Rubin 19). Utilizing the philosophy of esteemed political theorist Wendy Brown, this article will attempt to demonstrate to the reader an inherently contradictory aspect of secularist policy, namely, the implicit assumption that secularism is culturally neutral (Brown 8).

Brown brings to attention the public’s intuitive understanding of secular societies as synonymous with an optional and highly individualized relationship with religion. Essentially, it is understood that individuals within such societies not only understand that they may “exit” their religion at any time but that such a topic is in itself a matter relegated to the private sphere. Associations within the public sphere are to remain devoid of religious influence due to religion’s vulnerable state in a liberal society. Meanwhile, those who hail from unsecular orders are not only understood to be completely saturated with religion, unable to freely leave as their secular counterparts are but religion is regarded as having absolute power over the individual in the public sphere. Thus, those understood to be part of an unsecular society immediately present as individuals in need of liberation (Brown 8). With this in mind, French Prime Minister Manuel Valls’ denouncement of the burqini as “enslavement” comes as no surprise (Rubin 3).

Further evidence points to the public’s instinctive understanding of the term secular and how deeply rooted such an understanding is. One may realize that Rubin’s discussion of the ban is implicated in our same norms of secular public debate, namely, in that within one’s own life, assuming one is either Jewish or Christian. It is seen as natural for one to simply leave religion behind when they enter the public sphere, with religion being relegated only to the holy days of Saturday (Jews) and Sunday (Christians). Religious talk and dress on any other day of the week are seen as taboo or abnormal; despite doing so in no way conveys a departure from the successful “management” of religion that a secular society assumes. Just like the burqini ban, which implicitly demands secularism exclusively on Judeo-Christian terms, such talk and dress norms are also implicitly required of the non-Judeo-Christian individual, despite the opposite in no way implying an erosion of secular principles.

Brown asserts that the self-emphasis of the West’s “legal neutrality, individuality and universality” enforces the idea that while the West is graced with the enlightened rule, the “rest” are plagued with roguish religiously dominated ruling forces (Brown 9). Developing this point further, one must notice that the implicit assumption of the West as synonymous with legal neutrality, individuality and universality serves not as much to denigrate the “rest” as it does to assert its cultural hegemony over the rest of the world. Part of this brand of secularism’s genius, and why it is so hard to subvert in public discourse, is that it forcibly separates the individual from their religion, treating them as separate. Thus, in forcing Muslim women to change into less modest clothing, one is helping Muslim women see the limitations placed upon them. However, such assumptions ignore that such limits themselves are only defined from a Judeo-Christian perspective and thus are absent from a Muslim woman’s mind.

Such conceptions are also why this subversive notion of secularism often finds itself present in phrases expressing other colloquial societal goods such as “public safety” and “women’s rights.” Such an association points to the presence of hegemonic cultural ideas in western secularism, namely, that societal goods such as “public safety” and “women’s rights” are goals in themselves that should be realized, but solely on western terms. Those who oppose a burqini ban are not seen as defending their right to self-determination within such a viewpoint. Instead, they are seen as opposing these societal goods themselves.

In conclusion, in light of this analysis, the reader is encouraged to realize that the burqini ban in France and many similar secularist policies in various other jurisdictions demonstrates a far greater imperialist tendency towards western cultural hegemony than is officially acknowledged by the West. Amnesty International, and other humanitarian activists across the globe, are encouraged to realize that while all policies should undoubtedly aim for equity, no policy truly treats all it deals with equally as human culture is much too diverse. Policies that claim to do so, as secularism does, must always be treated with suspicion, out of interest for minorities and the voiceless; those generally ignored when decidedly “equal” policies are first conceived.

Sources:

Brown, Wendy. “Civilizational Delusions: Secularism, Tolerance, Equality.” Revealing

Democracy, 2012, https://doi.org/10.3726/978-3-0352-6398-5/11.

Rubin, Alissa J. “French ‘Burkini’ Bans Provoke Backlash as Armed Police Confront Beachgoers.” The New York Times, The New York Times, 25 Aug. 2016, https://www.nytimes.com/2016/08/25/world/europe/france-burkini.html.

Secularist VS Islamophobic Sentiment in France

By: Kaamilah Moola

Woven into the fabric of French politics are values of liberty, and republicanism, which most palpably manifests through France’s practice of “laïcite,” or secularism. A product of French philosophy and history, “laïcité” was signed into law in 1905, advocating for the separation of church and state (Villeminot, 2016). From its inception, laïcite required attitudes of neutrality in terms of faith, ensuring everyone’s freedom to practice their religion (Villeminot, 2016). However, French secularism is evolving to be understood as one that attacks the freedom of religion instead of protecting it. The value of laïcite is rapidly associated with Islamophobic sentiment, as legislation passed in the name of secularism applies more evidently to Muslims.

The 2004 ban of conspicuous religious symbols in public schools and public offices means banning a visible cross and Christian veil, the Islamic hijab and burqa, the Jewish Kippah, and the Sikh Turban. In 2022, a bill was passed extending this law to prohibit the wearing of “conspicuous religious symbols” by participants in sports events organized by “federations and affiliated associations” (Upadhya, 2022). The law further states that rules for using public swimming pools or artificial bathing areas must respect the neutrality and secularism of public services (Upadhya, 2022). Despite the absence of mentioning the hijab, or the burkini (modest full-body covering swimsuit worn by Muslim women), it is fairly evident that the law was targeted toward these two pieces of religious attire. Is it Islamophobic? Or is it because the hijab is truly too conspicuous of a religious symbol?

Islamophobia can be understood as the dislike of, or prejudice against, Islam or Muslims, especially as a political force (Oxford Languages). Accordingly, why is laïcite, and Islamophobia conflated as associated values within the context of France? The legislation regarding the prohibition of conspicuous religious symbols in official settings is used to target religious visibility. This implies that to be true to your religious beliefs while identifying as French, you must be an invisible Muslim, Sikh, and perhaps, an invisible Christian. There is hesitation as to whether laïcite is fairly enforced, with two binaries being made out, Christianity being on one end of the spectrum and Islam on the other. Given France’s previous association with the Church, cracking down on Christian conspicuous religious symbols seems to be less of a priority than those of an Islamic nature. Iman Abdelali Mamoun expresses, “how is it that in France the [Church] bells ring each hour to demonstrate a Christian presence, and yet Muslims don’t have the right to express their religious conviction [Athan- Islamic call to prayer]? So, let us be thoroughly discrete and stop all these [Church] bells”. The double standard, although somewhat subtle, exists. Therefore, is legislation in the name of laïcite is passed in the name of Islamophobia or not.

President Macron explains that legislation specific to the Islamic faith and in the name of laïcite is passed with a logical reason. Macron asserts that due to his belief that republican values such as free-thinking and free speech are under threat due to “Islamic terrorism,” he believes that “Islam is a religion in crisis.” Granted, terrorism in the name of Islam has been an ongoing global issue that remains contentious. Attacks in France, made by fundamental Islamic groups, were incontestably horrific, entailing the Bataclan attack, the Strasbourg shooting, as well as the killings of Charlie Hebdo and Samuel Paty. However, Macron’s words provoked violent attacks on Muslims that were not revealed and swept under the carpet. Islam, in France, has been painted by French figureheads as a religion of violence and terror that prove antithetical to French republican values. Under this guise, Macron calls for Islamist separatism, the institution where many draw the line as bordering on blatant Islamophobia. Macron fails to differentiate between fundamentalist terrorism and the religion of Islam. Moreover, it should be noted that this level of enforced secularism appeals greatly to the far right and sections of the left. Thus, Macron’s tightening of proposed legislation lends itself to a political dimension when leveraging support.

As a result of Macron’s push for Islamist separatism, Muslims have been somewhat stripped of their right to exercise their citizenship fully. It is fair to question, is it coincidental that because the hijab is conspicuous by nature, the legislation applies more directly to Muslim women? It is a valid response to argue that Macron’s push for Islamist separatism is no coincidence; in the name of ‘liberty’ and ‘integration,’ a free pass is given when infringing on religious rights and policing women’s bodies. In essence, the French political trend of arguably marginalizing Muslims through legislation is not necessarily coincidental under laïcite.

Sources:

Affairs, Berkley Center for Religion, Peace and World. n.d. “Islam, Secularism, and the Culture Wars in France.” Berkleycenter.georgetown.edu. Accessed January 25, 2022. https://berkleycenter.georgetown.edu/posts/islam-secularism-and-the-culture-wars-in-france.

“France, Secularism and Hijab Paranoia | UpFront (Feature).”

https://www.youtube.com/watch?v=hnYD_ToqrCY.

“France, Islam and Secularism | Start Here.”

https://www.youtube.com/watch?v=fQJUaYQN4os.

“France Senate Votes to Ban Wearing of Religious Symbols at Sport Events and Swimming Pools.” Jurist.org. Accessed January 25, 2022.

https://www.jurist.org/news/2022/01/france-senate-votes-to-ban-wearing-of-religious-symbols-at-sport-ev ents-and-swimming-pools/.

“French Connections – Understanding ‘Laicité’: The Ins and Outs of State Secularism.” 2016. France 24. January 21, 2016. Accessed January 25, 2022.

https://www.france24.com/en/20160121-laicite-secularism-france-history-philosophy-government-state-p ublic-schools-religion-extre.

Blackademia: the Ostracization of Black Intellect

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.

The legal side of police brutality in Hong Kong

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

Angola: 27 Years of Civil War

By: Kunal Dadlani

Introduction

In the Angolan Civil War, two major parties, the MPLA, and UNITA were engaged in a dangerous conflict. Beginning in 1975, the war finally ended when Jonas Savimbi, the leader of UNITA, was assassinated in February 2002, and with the Luena Memorandum on April 4, 2002 (Meijer and Birmingham 2004, 15). The war can be split into several phases, some of which were more deadly than others, but the total cost of the Angolan conflict is “immeasurable” (Rocha 2009, 16).

This research paper will explain why and how the country devolved in civil war shortly after independence, the responsibility of different actors, before finally concluding about how this conflict affected and continues to affect Angolans socially and politically.

Independence to Civil War

By its modern borders, Angola had been formalized as a Portuguese colony at the Berlin Conference in 1884-85 (Meijer and Birmingham 2004, 11). A military coup in Portugal on April 25, 1974, signalled the end of Portuguese colonial rule in Africa (James 2011, 41). The Alvor Agreement stipulated those elections would be organized before independence around October 31, with independence set for November 11, 1975 (James 2011, 55). The agreement promised a tripartite government between the three fundamental independence movements – the National Liberation Front of Angola (FNLA), the National Union for the Total Independence of Angola (UNITA) and the People’s Movement for the Liberation of Angola (MPLA) (Davidson 1977, 142). Notably, in the ensuing Civil War, the FNLA was not a significant factor.

The Portuguese suspended the Alvor Agreement after the MPLA had driven the FNLA and UNITA out of Luanda in late August. By then, it was clear that the Portuguese would abandon Angola on Independence Day (James 2011, 58). On November 11, the MPLA declared the creation People’s Republic of Angola in the capital city of Luanda, while UNITA & FNLA declared the Democratic People’s Republic of Angola in Huambo (64).

Angola and the Cold War

The Cold War had a profound effect on Angola. Both key actors, UNITA and the MPLA, were backed by their global superpower.

W. Martin James III (2011) argues that the Alvor Agreement was purposefully sabotaged by the MPLA, with support from Cuba and the USSR, as they were aware that they would lose any election (253). The MPLA became a Marxist-Leninist party in 1977, so gained the support of the communist world (194). UNITA argued that the MPLA was a new colonial power, as they only had strength because of the USSR and Cuba (James 2011, 103).

Comparatively, Victoria Brittain (1998) argues that UNITA’s popularity was immense because of Jonas Savimbi’s, the leader of UNITA’s, significant anti-communism (10-11). The US, South Africa, and the Democratic People’s Republic of Congo (then known as Zaire) actively supported UNITA as they attempted to take Luanda militarily before the November 11 deadline (2-3). However, Between 1975 and 1983, MPLA was recognized as the legal government of Angola by every powerful nation except the US – UNITA was recognized by none (James 2011, 189).

A turning point was when the US recognized the MPLA regime in 1993 (Vidal 2008, 141). In 1991, the MPLA made a key concession, with the Bicesse Agreement, by agreeing to multiparty politics for UNITA accepting a ceasefire (Brittain 1998, 43). UNITA decided to undo the 1991 electoral results, which declared a resounding MPLA victory by force; therefore, the US-led international community switched its support from the rebels to the MPLA (Messiant 2008, 101).

The Claims to Power

The Statute of the Portuguese Natives of the Provinces of Angola, Mozambique, and Guinea created by the Portuguese separated the indigenous African population from a tiny elite of civilized assimiladoes. The assimiladoes enjoyed some of the rights of Portuguese citizens, so this policy had a profound and lasting impact, helping to create the divisions and mistrust between the independence movements (Meijer and Birmingham 2004, 11).

The MPLA supporters were those who descended from mestizos and assimiladoes. UNITA embodied the economic aspirations of Ovimbundu (Meijer and Birmingham 2004, 12). The ethnic identification of these movements has largely emerged about because of conscious political manoeuvring by each group (12). UNITA appealed to their supporters by pointing out that the MPLA was a minority party that was not a black Angolan political party but dominated by mestizos and assimiladoes who keep black Angola subjugated (James 2011, 102). To avoid accusations that they were not African at all, the mestizos, whites and assimiladoes who formed the MPLA needed a class-based ideology (Newitt 2008, 74).

UNITA claimed to stand “for those who had not only been unjustly excluded from power at independence” (Ball and Gastrow 2019, 13). Furthermore, most of the leadership for the MPLA spoke Portuguese, so Savimbi believed that people would support a leader who spoke their language (James 2011, 104). UNITA respected ethnic customs and traditions, while the MPLA suppressed them. Yet many commentators have pointed out that the leadership of all the nationalist movements came from a group of Angolans classified as assimilados – those who had displayed a stipulated level of education, Portuguese culture, and economic independence (Newitt 2008, 53).

Modern Angola

In March 1991, the MPLA abandoned Marxist-Leninism and adopted democratic socialism/social democracy (Brittain 1998, 43). In October 2002, UNITA declared itself a fully disarmed and democratic political party (Meijer and Birmingham 2004, 15). There are approximately 200 registered political parties, but they have very little social, economic or ideological difference between themselves. The reason for this is that 27 years of civil war has increased the levels of mistrust among the population, making it extremely difficult for people to collaborate and co-operate with each other (Rocha 2009, 12). As a result, UNITA and the MPLA remain the two most prominent political actors, yet the MPLA is still the dominant party and has never been adequately unseated. The opposition party has been sufficiently weakened through decades of guerilla warfare and government propaganda that they do not hold any power capable of challenging the MPLA.

Additionally, the problems that led to the division between the three independence movements remain. Angola as a sovereign territory is a reality, but the modern Angolan nation still discriminates based on ethnicity, creed, class, religious or political affiliation (Rocha 2009, 2). People were killed, not for political reasons, but because they belonged to the wrong category. These social inequalities remain in modern Angola, as the civil war introduced a culture of each one for himself and the notion of survival of the fittest. Notably, while the civil war has further entrenched these inequalities, Portuguese colonial policy undeniably encouraged and deepened ethnic tensions and rivalries (3).

The consequences of the civil war are, apart from the direct war damage and neglect of infrastructure, some poor public policies and distorted economic programmes (Rocha 2009, 1). Today Angolans ranked as one of the lowest in world ratings in terms of human development, as less than 40% of the population has access to clean water and sanitation, while 70% do not have adequate social services (2). The generation born in 1975 has known nothing but war for 27 years, while almost one million people died, and hundreds of thousands have been physically and psychologically maimed (4-5). Four million people have been displaced, and 27 years of war have meant that almost every single Angola victim of disrupted family life (2). 

Furthermore, while Angola has not had a level of violence seen in 2002, there is still violence in a specific region of Angola – Cabinda. Cabinda is an area in Angola separated from Angola by a 25km strip of DRC territory (Sadiqali 1976, 30). Several campaigns arguing for the independence of Cabinda were founded in the early 1960s (Warner 1989, 33). Since 2002, many Cabindans still support demands for independence. Towards the end of 2003, the Angolan government signalled that it was prepared to talk peace or even consider a referendum – however, the conflict remains unresolved (Meijer and Birmingham 2004, 15).

So, while peace is welcoming, there are still many social and economic obstacles that Angola still faces to search for a better life. Angola needs to develop; otherwise, there will be further social upheaval (Rocha 2009, 16). 

Image Attribution: No attribution required.

Western Sahara: Africa’s Last Colony

By: Muhammed Bamne

Western Sahara is a region that is given very little attention in international media. Crowned as Africa’s last colony, It is a country that has been fighting for self-determination and independence for well over a century. Spain colonized the country until 1975 and as it was leaving, Morocco swiftly came in and for over forty years has held a brutal occupation of Western Sahara which is in defiance with U.N. convention and international law (Zunes). Currently, no country recognizes Morocco’s sovereignty over Western Sahara (except the United States in 2020), but the lucrative extraction and exploitation of resources seem to be stopping the international community from taking any real action. The main reason for the occupation is for the plundering of its natural resources and fish, as Western Sahara is home to one of the largest sources of phosphates and rich fishing waters that supply the E.U. with much of its seafood (Contini).

Since its occupation, the Moroccan government’s occupation of Western Sahara has been characterized by decades of torture, disappearances, killings, and repression against the pro-independence Sahrawi people (natives of Western Sahara) living in the occupied territory. In 1991, the U.N. sponsored a ceasefire and promised the Sahrawi people a referendum on self-determination organized by the peacekeeping mission MINURSO (U.N.). Since then, Morocco has blocked attempts to organize a vote and the U.N. Security Council has refused to implement its referendum plan or allow MINURSO to monitor the human rights situation in Western Sahara (Democracy Now). International media has ignored the occupation in part because Morocco has blocked foreign media from entering and reporting on Western Sahara (Democracy Now).

Days after the Moroccan invasion (in 1975), Secretary of State Henry Kissinger privately told President Gerald Ford, “He hoped for a rigged U.N. Vote” to confirm Morocco’s claim over Western Sahara (Smith). Half of the Sahrawi population fled invasion to neighboring Algeria and the Moroccan invasion set off a 16-year long war with the Sahrawi liberation movement, known as the The Polisario Front. Morocco’s army, with help from the U.S. military, drove the Polisario to Western Sahara’s eastern region from the coast. Morocco then created the longest minefield and the second-largest wall on earth with help of U.S. weapons companies Northrop and Westinghouse (Democracy Now). The 1700 mile wall divides Sahrawis who remain under occupation from those who fled into exile. The U.N. Ceasefire ended after the Moroccan military broke into a southern no-go buffer zone on November 13th, 2020, to attack Sahrawi civilians and exchange fire with the Polisario Front (Democracy Now). This action came soon after a top U.S. general met with the commander of the Royal Moroccan Armed Forces Southern Zone, which covers Western Sahara. As the Polisario populated regions and Morocco clash, many have been arrested in the occupied territory. These arrests include many of the peaceful protesters, a large proportion of whom are women, who demonstrate inside the capital of Western Sahara, Layouhn. They have been repeatedly sexually assaulted, beaten, and taken to secret prisons where thousands of Sahrawis have gone to be tortured, killed, or have disappeared for resisting Moroccan occupation (HRW).

The U.S.-Morocco relationship dates back to 1777 when Morocco was one of the first countries to recognize the U.S. as a nation (U.S. Department of State). Since then, alongside the military aid and funding, the U.S. announced Morocco as its largest non-NATO ally following the Cold War, opening the doors for more military deals. The relationship is mutual as we see that money has flowed both ways. For example, state-owned Moroccan phosphate company, OCP, which operates in Western Sahara, donated millions to the Clinton Foundation before the 2016 election (Vogel). Fast forward to the presidency of Trump and we see that Morocco and Israel have agreed to establish diplomatic relations as part of a U.S. brokered deal. The U.S. is now the first country to recognize Morocco’s annexation of Western Sahara in return for relations and strengthening the legitimacy of Israel in occupied Palestine as well as opening the way for more military contracts that will be used to further oppress the Sahrawi people (Cambridge University Press, 318-323).

Democracy Now, an independent journalism website, was one of the first media operations to be able to get inside the country in years. In 2016, the journalism service published an exposé where we see how the Sahrawi people are suffering and their commitments to self-determination and freedom. Some of their stories are highlighted below.

One prominent interview from the publication was with journalist Mohamed Mayara who speaks about the torture and murder that his family faced at hands of Moroccan authority. He notes, “my father was one of 4 brothers kidnapped…he was kidnapped sent to jail, spent one year and six months and was killed after being tortured” (Democracy Now). When asked about what kind of risk he takes speaking to a reporter based in the western world he replied, “I have a seven-year-old daughter, I tell her about my father who was kidnapped, I tried to teach her that one day that I will face the same fate…so I am always waiting” (Democracy Now). And when asked why he takes that risk despite all the persecution he has witnessed he states, “Because I think this engagement is the duty of freedom” (Democracy Now).

Elghalia Djimi, Vice President of ASVDH, which is an association that traces the files of Sahrawi disappearance victims and former victim of forced disappearance herself, was asked what had happened to her as a victim of forced disappearance. She responded, “What happened to me happened to all prisoners…Moroccan state and secret police used dogs as a form of torture…they stripped me naked…I lost all my hair because of the chemicals they used on my head chemicals used on my head…” (Democracy Now). She was waterboarded, beaten with a baton on her feet, threatened with rape, and much worse. Like Mohamed when asked why she was taking such risk she said, “I am not afraid, I took a vow that we have to talk about this issue, if we do not speak out, especially us as victims who have suffered all of this, this problem will remain” (Democracy Now).

What Can You Do?

The situation in Western Sahara is a dire occupation that has been going on for far too long without any sort of broad mainstream coverage or support from the international community. Amnesty International UofT encourages all readers to stay informed on the subject and to contribute to change through various organizations that are still fighting for the native people of Western Sahara: Amnesty International, Human Rights Watch, and Front Line Defenders to name a few. Please consider making a financial contribution to these organizations as well.

Image Attribution: No attribution required.

(Copy)right to Life

By: Emma Thornley

If you were asked to predict the next century’s emergent human rights issues, what would you say? There’s no shortage of crises to choose from. Anxieties among laymen and experts alike span environmental, political, and technological topics. The United Nations’ Office of the High Commissioner has issued warnings regarding climate change’s effects on the rights to development, food, sanitation and housing (OHCHR, 2015). The International Journal on Human Rights has similarly predicted compounding crises of poverty, urban development and increasingly isolationist immigration policy (Petrasek, 2014). The Business and Human Rights Resource Centre has written extensively on the threats that advances in technology like artificial intelligence, automation, and digital information constitute (BHRRC, 2021). 

 In the face of these formidable challenges, more futuristic and cerebral concerns can lose their potency. I believe that intellectual property rights, AKA IP rights, are a prime example of how highly theoretical concepts can escape public scrutiny. Outside of academia’s ivory tower, IP rights can seem underwhelming compared to broader human rights concerns. In reality, IP rights are shaping the future of freedom of information, access to cultural heritage, artistic expression and Indigenous rights (OHCHR, 2015).

The extent of our day-to-day entanglement with IP’s gargantuan spread could (and has) filled volumes. I couldn’t do it justice in a small article. So instead, I’d like to introduce you to what IP is, the basics of how it works, and a select assortment of ways it’s influencing human rights close to home. It’s my hope that you’ll agree intellectual property rights are instrumental to human rights as a whole and you will engage critically with related issues in future.

So what exactly are IP rights? They’re a legal quantification of intellectual, intangible assets, giving ownership over inventions, designs, creative products, brands and more (CIPO, 2016). At its core, intellectual property rights are about ideas. Who owns an idea? How do they come to own them, and what gives them that right? Who can use an owned idea? Who can profit from it?  

Think of a company brand. Maybe the cafe you buy coffee from on your morning commute, or your favourite clothing store. Their company name is an intellectual property right. They own it. They have applied for ownership of that specific name with the Canadian Intellectual Property Right office, secured it, and registered it. Nobody else, individual, corporation or organization, has the right to use that name without the brand’s permission, or outside the scope of fair use outlined in S. 29 of the Canadian Copyright Act (Government of Canada, 1985). That same brand also owns the intellectual rights to their logo and unique products. As an example, Starbucks owns the phrase “Pike Place”.

Songwriters own original melodies and lyrics. Authors own their stories and the unique aspects which comprise them. In a particularly infamous example, Anne Rice, author of Interview with the Vampire, petitioned to have all fan fiction involving any aspect of her publications removed from fan fiction websites (Pauli, 2002). Her push failed, but only because fan fiction is considered transformative and therefore fair use (Kopp, 2021). 

Functional inventions and invention blue-prints can also be owned. Vaccines, including the various COVID-19 shots, are patented (Lindsey, 2021). So are genetically modified organisms (Coles, 2021).

This is where we begin to see the obvious overlaps between IP rights and human rights. 

In a 2015 submission to the United Nation’s Human Rights Council, science and culture were described as “fundamental to human dignity and autonomy” (Shaheed, 2015, p. 3) Exploitative intellectual ownership practices therefore constitute a uniquely insidious threat. Shaheed, the report’s author, drew on the collective concerns of international human rights organizations when she noted that the tension between IP rights and human rights was characterizable as the tension between community and privatization (2015, p. 3). Knowledge and practices that had traditionally been held as communal property, if not birthright, were being appropriated by private entities (Hale, 2018) 

Jenna Rose, a researcher at the Grenoble Ecole de Management’s Business Lab for Society, referred to this process as “scientific colonialism” in an article about biopiracy in the medical field (2016). She described medical biopiracy as follows:

“Often, in the search for new bioresources, researchers draw on local people’s traditional knowledge about the properties of a particular plant, animal or chemical compound. [Biopiracy is] when researchers use traditional knowledge without permission, or exploit the cultures they’re drawing from.” (2016)

Biopiracy and resource appropriation is an ongoing issue in agriculture as well. Monsanto, a genetically modified seeds distributor, has been named by Indigenous activists as one of the largest corporate biopirates around today (LaDuke, 2005, p. 115). Seeds were historically common property. Farmers would collect seeds through progressive harvests, effectively creating a genetic bank of good farming stock. Some private corporations, Monsanto included, have thrown their weight behind privatizing certain genetic materials, using the genetic modification of existing crops as grounds for ownership. Companies like Monsanto are known for “creating sterile seeds or requiring farmers to sign contracts stating that they will not save seeds from Monsanto’s crops.” (LaDuke, 2005, p. 115) A 2004 Canadian legal case, Monsanto Canada Inc. v Schmeiser, set a legal precedent with far-reaching implications across agriculture.

As LaDuke describes it, “in Monsanto’s notorious case of Percy Schmeiser of Bruno, Saskatchewan, a lifetime’s work in seeds garnered from careful plant breeding was almost ruined by pollen blown in from [Monsanto’s] neighbouring fields of Roundup Ready canola.” (2005, p. 115). Schmeiser gathered seeds from the crops that had sprung up along his property line for use in planting. He was sued for patent infringement. The Supreme Court ultimately ruled in Monsanto’s favour (SCC, 2004). Note that Schmeiser had not intended to infringe on any patenting claim. Circumstances blew viable Monsanto seeds into his field, contaminating his genetic seed bank. Schmeiser was held to be in violation of Monsanto’s patenting but was not financially liable because the seeds were of mitigable benefit without Roundup Ready chemical spray, which Schmeiser did not have (Cullet, 2004).

A basic principal of the Supreme Court’s finding was that ignorance of infringement is not a defence for it (BYU, n.d.). This raised alarming speculative questions for activists and farmers alike. How are farmers supposed to know if a crop growing on their property is the genetic copyright of another company? If they’re financially liable for any profit they earn from a GMO, irrespective of their knowledge of that crop’s copyright status, how can they protect themselves? This question is particularly relevant in light of the unsupervised cross-breeding of GMO’s and non-GMO’s (The Royal Society, 2016). While humans are beholden to IP law, pollinating agents like insects, birds and wind are not. What happens when accidental pollination inevitably occurs and alters the composition of a farmer’s crop?

Biopiracy and the copyrighting of natural resources are consequently indicative of two emerging problems. Firstly, the appropriation of a community’s heritage and the subsequent exclusion of that community from their traditional resource. Secondly, the “developmental monoculture and agenda underscoring Global IP regimes and their exploitative extension […] indigenous communities are now being increasingly compelled to defend their culture at, what is regarded by dominant Western narratives as, the cost of the public domain.” (IP Osgoode, 2000) Non-Indigenous farmers are similarly burdened by larger monopolies’ exploitation of genetic patenting at the expense of smaller agriculture. 

IP and human rights are also competing in the medical sphere. Earlier in this article, I mentioned that the COVID-19 vaccine is held under patenting. Amnesty International issued a report on that patenting earlier this year, stating in no uncertain terms that the monopolistic hold select pharmaceutical manufacturers have on the vaccine is obstructing poor and developing nations from accessing life-saving treatment (Amnesty International, 2021, p. 4).

“While Europe, the US and a handful of other states emerged from lockdown […] parts of Africa, Asia and Latin America plunged into renewed crises, pushing ill-equipped health systems to the brink and causing tens of thousands of preventable deaths every week […] Despite receiving billions of dollars in government funding and advance orders which effectively removed risks normally associated with the development of medicines, vaccine developers have monopolized intellectual property, blocked technology transfers, and lobbied aggressively against measures that would expand the global manufacturing of vaccines. Some companies- Pfizer, BioNTech and Moderna— have so far delivered almost exclusively to rich countries, putting profit before access to health for all.” (Amnesty International, 2021, p.4)

Prior to the release of Amnesty’s report, Pfizer was making headlines for publicly opposing the US administration’s call to waive COVID vaccine patent rights (Breuninger, 2021). None of the three companies named by Amnesty have since waived their IP protection.

I hope I’ve been able to illustrate how the implementation of IP rights can sometimes stretch beyond the reasonable scope. As a final, more light-hearted example of this phenomenon, consider reality t.v. celebrity Kylie Jenner’s attempts to trademark the name ‘KYLIE’. Her initial application was challenged by Kylie Minogue. Minogue’s legal team argued that Jenner’s application should be refused, on the grounds that it “would lead to confusion among consumers between the two Kylies […] The USPTO commonly refuses to register trademarks when the applied-for mark is confusingly [sic] similar to other, already-registered marks.” (TFL, 2019) Anyone else named Kylie who had used or intended to use their name in the course of doing business would likely have similar concerns.

While this seems like a silly example, many communities and organizations take the intellectual ownership of genetic materials, natural resources and vital medical treatment just as seriously as you might take somebody else claiming ownership of your name. And rightly so.

The United Nations have acknowledged every human’s right to food, medical care, participation in their community’s cultural life, and share in the benefits of scientific advancement (UN, 2021). IP rights should not invalidate the basic human rights which sustain and define us. They are expressions of collective history, family traditions and personal identity. To patent and copyright them is to patent and copyright our ways of life.

It is important to note that IP rights are not, as a whole, a threat to human rights. To the contrary, they can be used to protect consumers, entrepreneurs and artists from exploitation (US Chamber of Commerce, 2009). Yet like so many other things, its practice can be manipulated to serve private interests at the expense of others. Critically interacting with IP rights at every stage of their development and implementation is integral to insuring they serve us, rather than harm us.

References:

Amnesty International (2021, September) A Double Dose of Inequality. Amnesty International. https://www.amnesty.org/en/documents/pol40/4621/2021/en/

Breuninger, K. (2021, May 7) Pfizer CEO opposes U.S. call to waive Covid vaccine patents, cites manufacturing and safety issues. CNBC. https://www.cnbc.com/2021/05/07/pfizer-ceo-biden-backed-covid-vaccine-patent-waiver-will-cause-problems.html

Business & Human Rights Resource Centre (2021) Technology and Human Rights. Business & Human Rights. https://www.business-humanrights.org/en/big-issues/technology-human-rights/

Canadian Intellectual Property Office (n.d.) Intellectual Assets. Government of Canada. ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/wr03585.html

Coles, J. (2021, July 30) IP & Agribusiness: How GMOs, superfoods & the cannabis industry are shaping IP rights in Canada. Expert. https://www.lexpert.ca/legal-insights/ip-agribusiness-how-gmos-superfoods-the-cannabis-industry-are-shaping-ip-rights-in-canada/356005

Copyright Licensing Office (n.d.) Copyright Myths. Birmingham Young University. https://copyright.byu.edu/copyright-myths

Cullet, P. (2004, October 22) Lessons from Canada. The International Environmental Law Research Centre. http://www.ielrc.org/content/n0407.htm

Global Innovation Policy Centre (2009, December 28) Why Are Intellectual Property Rights Important? U.S. Chamber of Commerce. https://www.theglobalipcenter.com/why-are-intellectual-property-rights-important/

Government of Canada (n.d.) Infringement of Copyright and Moral Rights and Exceptions to Infringement (continued). Justice Laws Website. https://laws-lois.justice.gc.ca/eng/acts/C-42/page-6.html#docCont

Hale, Z. A. (2018, April 4) Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection. University of Arkansas Little Rock. https://ualr.edu/socialchange/2018/04/04/patently-unfair/

Kopp, J. (2021, April 28) Is Fanfiction Legal? The New York Journal of Intellectual Property. https://blog.jipel.law.nyu.edu/2021/04/is-fanfiction-legal/

Lindsey, B. (2021, June 3) Why intellectual property and pandemics dont mix. Brookings.

Office of the United Nations High Commissioner for Human Rights (2015) The impact of intellectual property regimes on the enjoyment of right to science and culture. The United Nations. https://www.ohchr.org/en/Issues/CulturalRights/Pages/impactofintellectualproperty.aspx

Office of the United Nations High Commissioner for Human Rights (2015) Understanding Human Rights and Climate Change. The United Nations.https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf

Pauli, M. (2002, December 5) Fan Fiction. The Guardian. https://www.theguardian.com/technology/2002/dec/05/internet.onlinesupplement1

Petrasek, D. (2014) Global Trends and the Future of Human Rights Advocacy. The International Journal on Human Rights. https://sur.conectas.org/en/global-trends-and-the-future-of-human-rights-advocacy/

Rose, J. (2016, March 7) Biopiracy: when indigenous knowledge is patented forprofit. The Conversation. https://theconversation.com/biopiracy-when-indigenous-knowledge-is-patented-for-profit-55589

Supreme Court of Canada (2004) Monsanto Canada Inc. v Schmeiser. Lexum. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2147/index.do

The Fashion Law (2019, June 6) On the Heels of the Kylie v. Kylie Trademark Battle, Kylie Minogue Launches Cosmetics. The Fashion Law. https://www.thefashionlaw.com/on-the-heels-of-the-kylie-v-kylie-trademark-battle-kylie-minogue-launches-cosmetics/

The Royal Society (n.d.) If we grow GM crops will they cross breed with other plants? The Royal Society. https://royalsociety.org/topics-policy/projects/gm-plants/if-we-grow-gm-crops-will-they-cross-breed-with-other-plants/

The United Nations (2021) Universal Declaration of Human Rights. The United Nations.

References:

Amnesty International (2021, September) A Double Dose of Inequality. Amnesty International. https://www.amnesty.org/en/documents/pol40/4621/2021/en/

Breuninger, K. (2021, May 7) Pfizer CEO opposes U.S. call to waive Covid vaccine patents, cites manufacturing and safety issues. CNBC. https://www.cnbc.com/2021/05/07/pfizer-ceo-biden-backed-covid-vaccine-patent-waiver-will-cause-problems.html

Business & Human Rights Resource Centre (2021) Technology and Human Rights. Business & Human Rights. https://www.business-humanrights.org/en/big-issues/technology-human-rights/

Canadian Intellectual Property Office (n.d.) Intellectual Assets. Government of Canada. ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/wr03585.html

Coles, J. (2021, July 30) IP & Agribusiness: How GMOs, superfoods & the cannabis industry are shaping IP rights in Canada. Expert. https://www.lexpert.ca/legal-insights/ip-agribusiness-how-gmos-superfoods-the-cannabis-industry-are-shaping-ip-rights-in-canada/356005

Copyright Licensing Office (n.d.) Copyright Myths. Birmingham Young University. https://copyright.byu.edu/copyright-myths

Cullet, P. (2004, October 22) Lessons from Canada. The International Environmental Law Research Centre. http://www.ielrc.org/content/n0407.htm

Global Innovation Policy Centre (2009, December 28) Why Are Intellectual Property Rights Important? U.S. Chamber of Commerce. https://www.theglobalipcenter.com/why-are-intellectual-property-rights-important/

Government of Canada (n.d.) Infringement of Copyright and Moral Rights and Exceptions to Infringement (continued). Justice Laws Website. https://laws-lois.justice.gc.ca/eng/acts/C-42/page-6.html#docCont

Hale, Z. A. (2018, April 4) Patently Unfair: The Tensions Between Human Rights and Intellectual Property Protection. University of Arkansas Little Rock. https://ualr.edu/socialchange/2018/04/04/patently-unfair/

Kopp, J. (2021, April 28) Is Fanfiction Legal? The New York Journal of Intellectual Property. https://blog.jipel.law.nyu.edu/2021/04/is-fanfiction-legal/

Lindsey, B. (2021, June 3) Why intellectual property and pandemics dont mix. Brookings.

Office of the United Nations High Commissioner for Human Rights (2015) The impact of intellectual property regimes on the enjoyment of right to science and culture. The United Nations. https://www.ohchr.org/en/Issues/CulturalRights/Pages/impactofintellectualproperty.aspx

Office of the United Nations High Commissioner for Human Rights (2015) Understanding Human Rights and Climate Change. The United Nations.https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf

Pauli, M. (2002, December 5) Fan Fiction. The Guardian. https://www.theguardian.com/technology/2002/dec/05/internet.onlinesupplement1

Petrasek, D. (2014) Global Trends and the Future of Human Rights Advocacy. The International Journal on Human Rights. https://sur.conectas.org/en/global-trends-and-the-future-of-human-rights-advocacy/

Rose, J. (2016, March 7) Biopiracy: when indigenous knowledge is patented forprofit. The Conversation. https://theconversation.com/biopiracy-when-indigenous-knowledge-is-patented-for-profit-55589

Supreme Court of Canada (2004) Monsanto Canada Inc. v Schmeiser. Lexum. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2147/index.do

The Fashion Law (2019, June 6) On the Heels of the Kylie v. Kylie Trademark Battle, Kylie Minogue Launches Cosmetics. The Fashion Law. https://www.thefashionlaw.com/on-the-heels-of-the-kylie-v-kylie-trademark-battle-kylie-minogue-launches-cosmetics/

The Royal Society (n.d.) If we grow GM crops will they cross breed with other plants? The Royal Society. https://royalsociety.org/topics-policy/projects/gm-plants/if-we-grow-gm-crops-will-they-cross-breed-with-other-plants/

The United Nations (2021) Universal Declaration of Human Rights. The United Nations.

https://www.un.org/en/about-us/universal-declaration-of-human-rights

Image Attribution: Pixabay, artist “Geralt”, link: https://pixabay.com/illustrations/artificial-intelligence-network-3706562/

Iran’s Evin: Prison or Torture House?

Murderers, robbers, kidnappers, or even the occasional white-collar embezzler come to mind when most people think of the type of people in jail. But behind the walls of a perpetually dismal-looking compound in northwestern Tehran, journalists, activists, and academics are detained in what is known as Evin prison, specifically Section 209, 240, and 235 (Saunders, 2007). In fact, it’s housed so many of them that the facility often takes the nickname “Evin University.”

Since the Islamic Revolution of 1979, Evin has been used by the clerics to hold “political prisoners,” most of whom have never been charged with anything but are usually accused of being spies with an agenda to undermine and act against the theocratic regime (Saunders, 2007). It is obvious however, given the high concentration of intellectuals who are arrested, that espionage is the pseudo-accusation that officials fall back on in order to capture anyone who may potentially speak out against the corruption of the government. Esha Momeni, for example, was a student arrested in 2008 for “acting against national security” (Dahl, 2008). What did she do, exactly? Momeni was conducting research and interviews as part of her research into the women’s rights movement under the Islamic Republic (Dahl, 2008). Authorities later searched her home and confiscated the films that were supposed to be part of her project (Dahl, 2008). Marzieh Rasouli, a journalist and blogger, is another example (McCann, 2014). Her many works for reformist publications on topics of arts and culture prompted the accusations of “spreading propaganda against the system” and “disturbing public order” (McCann, 2014). She was detained in 2014 (McCann, 2014. There are countless others; bloggers, journalists, student activists, film makers, and artists who have been condemned to Evin for nothing other than their dissenting voices.  

Deprivation of free speech in Iran is a human rights violation in itself, but the conditions and actions that activists are subjected to in the gloomy cells of Evin are beyond brutal. Amnesty’s own documentations describe multiple methods of torture, ranging from mock executions and floggings, to sexual violence and denial of medical care (Amnesty International, 2021). One of the most notorious torture methods is known as white torture, which is entirely psychological (Human Rights Watch, 2004). It is a form of prolonged solitary confinement that is used with the intention of breaking spirit in order to elicit confessions to false accusations (Human Rights Watch, 2004).

One prisoner said:

“Since I left Evin, I have not been able to sleep without sleeping pills. It is terrible. The loneliness never leaves you, long after you are “free.”  Every door that is closed on you, it affects you.  This is why we call it “white torture.” They get what they want without having to hit you.  They know enough about you to control the information that you get: they can make you believe that the president has resigned, that they have your wife, that someone you trust has told them lies about you. You begin to break. And once you break, they have control.  And then you begin to confess.” (Nabavi, 2004)

Another source asserts to multiple daily interrogations that last up to six hours (Human Rights Watch, 2004). Many former prisoners have said that the interrogations don’t consist of relevant questions and instead make invasive inquiries into their personal lives (e.g sexual endeavours) (Human Rights Watch, 2004). They’ve also said that at each interrogation they were given a sheet of blank paper upon which they were told to confess (Human Rights Watch, 2004).  Additionally, interrogators threaten indefinite imprisonment and torture of family members in order to coerce innocent people into recording or signing a confession to their alleged crimes (Human Rights Watch, 2004).

Stories of Evin prison have circulated for years, whether in public media or within circles of Iranians. The threat of torture and possible execution behind the bars of Evin hang over the heads of any Iranian with a regime-contradicting voice. The abhorrent practices of Evin and prisons that have since used its structure as a foundation, are in violation of human rights. As people, regardless of nationality, it is our moral responsibility to speak up for those who cannot in order to spread awareness. Though it sounds futile, one of the biggest contributions you can make is staying informed and actively sharing these peoples’ stories.  Knowledge is power; the more people talk about these violations, the harder it becomes to ignore them, the closer we get to change.

Sources

Amnesty International. (2021, August 26). Iran: Leaked video footage from Evin Prison offers rare glimpse of cruelty against prisoners. Amnesty International. Retrieved November 30, 2021, from https://www.amnesty.org/en/latest/news/2021/08/iran-leaked-video-footage-from-evin-prison-offers-rare-glimpse-of-cruelty-against-prisoners/.

Dahl, F. (2008, November 4). Iran holds student living in U.S. on security charges. Iran focus. Retrieved November 30, 2021, from https://web.archive.org/web/20090416194547/http://www.iranfocus.com/en/women/iran-holds-student-living-in-u.s.-on-security-charges-16619.html.

  Human Rights Watch. (June 2004). “Like the Dead in Their Coffins”: Torture, Detention, and the Crushing of Dissent in Iran (Vol 16 No. 2). Human Rights Watch. https://www.hrw.org/reports/2004/iran0604/index.htm

Nabavi, Ebrahim. (2004, January 8). Telephone interviews with Human Rights Watch

McCann, C. (2014, July 16). Iran: Journalist and blogger Marzieh Rasouli imprisoned and facing flogging. PEN International. Retrieved November 30, 2021, from https://www.pen-international.org/news/iran-journalist-and-blogger-marzieh-rasouli-imprisoned-and-facing-flogging.

Saunders, D. (2007, February 19). Few know who is held behind the tiled walls of Tehran’s evin prison. The Globe and Mail. Retrieved November 30, 2021, from https://www.theglobeandmail.com/news/world/few-know-who-is-held-behind-the-tiled-walls-of-tehrans-evin-prison/article679258/.