Australia is “shocked” by the routine torture of women and children asylum seekers

October 11, 2015 by Dan Moshenberg 9 Comments

Australia routinely throws asylum seekers into prisons, mostly in remote areas or, even better, on islands, “an enforcement archipelago of detention … an archipelago of exclusion.” The gulag archipelago didn’t end; it became the intended end-of-the-road universe for asylum seekers and refugees. Last year, Australia was “shocked” by reports that children represent the greatest percentage of self-harm and suicidal behavior. Now, Australia is “shocked” once again to find that sexual violence against women asylum seekers and refugees occurs. Australia is shocked … but not shamed.

The incidents this time involve three women, two Somali and one Iranian woman. The Iranian is in hospital. One of the Somali women is pregnant as a result of the rape. It took the police four hours to arrive, and then … pretty much nothing happened. None of this is new or surprising. In July, the Immigration Department heard again of rampant violence against women and children, and then … pretty much nothing happened. Advocates Pamela Curr and Daniel Webster know that these three women are “the tip of the iceberg.” Despite the State trying to keep the media away from its penal colonies, none of this is secret or surprising. A week ago, the mother of the Iranian woman, despondent at the entirety of the situation, attempted suicide. Apart from placing under surveillance, under the guise of a suicide watch, nothing changed.

Pediatricians in Melbourne are organizing, refusing to send children back to detention centers, because the situation is so dire. The situation was always dire. It was meant to be. Study after study suggests that the problem of health care for asylum seekers in detention is not inadequate health care. The problem is detention. Study after study shows that children in detention breathe sadness and fear, trauma, that will stay with them, for many forever.

The news this weekend is that the Somali woman may be brought to the mainland to receive an abortion … and then what? Nauru said it would process everyone within a week and now backtracks on that. Australia is planning on moving some or all of the asylum seekers and refugees on Manus Island to the Philippines, and none of the refugees or asylum seekers has a heard a word about this from the State. Across Australia, many marched this weekend to protest the treatment of refugees and asylum seekers.

This is democracy in the current world order. To ask for help is to give up citizenship. If you are a woman and you ask for help, you give up your humanity. The gulag archipelago never left. It became the democratically elected global archipelago.

(Photo Credit: The Guardian)

Filed Under: General Tagged With: asylum, Australia, Christmas Island, Dan Moshenberg, Haunts, Manus Island, Nauru, prison, rape, refugees, women

“My rape was awful. But the way the police handled it was even worse.”

October 4, 2015 by Dan Moshenberg 2 Comments

On Sunday, February 27, Buzzfeed reported at length on the story of Lara McLeod. It’s a devastating, all too familiar story. In brief, Lara McLeod was raped by the fiancé of her sister, Hera McLeod. Hera had given birth two weeks earlier. Traumatized, Lara went home and, the next day, told her parents. They immediately went and retrieved Hera and Prince, the two-week-old. To do that safely, they called the police in. That’s where the awful became the unbearable.

The police called Lara in, interrogated her, compelled her to file a complaint and then arrested Lara for filing a false complaint and charged Hera with aiding in the deceit. From there, it just gets worse. You can read the Buzzfeed account for yourself. The rape and arrest occurred in 2011. Using the charges against Hera, her fiancé won unsupervised visits. Three months later, Prince was found unconscious on his father’s apartment floor. The fifteen-month-old died the next day. The fiancé’s trial on murder is coming up soon. Hera has moved on, as best she can. Lara is struggling.

This story occurs in the leafy well-to-do suburbs of Prince William County, in the Virginia suburbs of Washington, DC, but it could as easily occur in the leafy suburbs anywhere. Every step of the way, every single time the State was called in, from the police to the courthouse, the State did more than merely fail these two women. It assaulted them. A French report on this case notes that in France, of women who report being survivors of sexual violence, only 4 percent have reported the crime formally. In the United States, the situation is the same. In South Africa, according to the Medical Research Council, one in nine rapes are reported to the police.

Why are the numbers so low? There are many reasons. Here’s Lara McLeod’s answer, “The night I was raped, I said I wanted to be left alone. People say rape is serious and you should report it, but look what happened to me: I reported my rape, and they told me it never happened.”

Buzzfeed and others have described the police investigation as “botched.” It wasn’t. Virginia, and beyond it the State, got exactly what it wanted, what it pushes strenuously to get: a woman living with trauma, agony and pain who has learned to silently absorb injustice directed at her as a woman. To botch means to clumsily repair or to bungle. No one clumsily repaired or bungled the investigation. No one cared enough to botch the investigation. How do I know?

Every year, on Prince’s birthday, Hera McLeod sends a letter to the two Prince William County police officers whom she holds responsible for the death of her son: “This year, she included a photo of Prince with his two front teeth in, smiling and sitting on a red truck — with his birth and death dates printed above. `On July 1st, 2015, I would have turned four,’ the card said. `May you always remember how the decisions you make impact the lives of innocent people. I will never forget you. I pray you will never forget about me.’ This year, Kimberly Norton, one of the two officers who charged the McLeod sisters, put the card in a new envelope and mailed it back to Hera unopened. She rewrote her return address in block letters. Not Detective Norton, as Hera had written, but “SGT K. NORTON.” She had been promoted. So had Detective Cavender.”

The State got what it wanted. It’s time for us to get the State we want.

(Image Credit 1: Buzzfeed) (Image Credit 2: Slate.fr)

Filed Under: General Tagged With: Dan Moshenberg, France, Haunts, Hera McLeod, Lare McLeod, Prince William County, rape, South Africa, Virginia, women

Yarl’s Wood’s “appropriate vulnerability” is violence against women

September 17, 2015 by Dan Moshenberg 4 Comments

Every year or so, a new report uncovers the programmatic abuse of women asylum seekers in Yarl’s Wood. In 2006, Black Women’s Rape Action Project (BWRAP) and Women Against Rape (WAR) released Misjudging rape – Breaching Gender Guidelines and International Law in Asylum Appeals, which examined 65 rulings by immigration judges. The judges rejected rape claims in 65% of the cases, arguing each woman had failed to mention the rape early on and so must be lying. Since then, the reports have continued, and each shows the situation has, if anything, worsened. If everything stays the same, or declines, what’s new?

“Appropriate vulnerability.”

The most recent study, “Reason to disbelieve: evaluating the rape claims of women seeking asylum in the UK”, finds “the structural and practical obstacles faced in establishing credibility, and the existence of scepticism about rape claims and asylum-seeking more generally, mean that decision-making can often be experienced as arbitrary, unjust, uninformed or contradictory, making it difficult for women asylum applicants who allege rape to find refuge in the UK.”

In a more popular article this week, the author’s explained, “The structure of the asylum system, as well as working cultures around decision-making, can negatively impact women whose asylum claims involve rape allegations. Evaluations of credibility are often influenced by dubious assumptions regarding culture, gender, and sexual violence, and draw upon limited experience of, or empathy with, the peculiar challenges faced by ‘others’. The structural and evidential demands of the asylum process, as well as the political controversies that it attracts, do little to facilitate improvements in the handling of disclosures of rape. Ultimately, success in securing refugee status continues, for too many women, to depend upon their ability to position themselves as ‘appropriately’ vulnerable victims.”

Though grim, the report is in no way surprising. We know that asylum seekers who have been raped must struggle for justice, and, more often than not, don’t get it. We know that such is the case for women generally, and so even more so for the poor and the stranger in our midst. We know the misogyny that informs dismissal of claims of sexual violence. We know that the State and Civil Society built and maintain Yarl’s Wood, where survivors of sexual and domestic violence are not only routinely but brutally denied care services, as are their children, children who have often witnessed the violation of their mothers. We know that from before the beginning to beyond the end, the conditions are designed to further violate women asylum seekers, “this is a journey haunted by silence.” None of this is new, none of this is news, and we know and have known all of it for some time now.

“Appropriate vulnerability” suggests much more than “the treatment of those who come to the UK seeking protection from sexual abuse often remains inadequate.” It’s not inadequate. It’s designed to brutalize women. It is time; it is way past time, to stop analyzing the brutality of Yarl’s Wood as a lack or absence. The State wanted, and wants, a house of non-national women held in a state of perpetual and intensifying violence, and it built it, named it Yarl’s Wood, and called its light Day and its darkness Night, and behold …

Who aspires to “appropriate vulnerability”? No one should, but the State forces women to do so. We have had enough reasoned and balanced reports. We know it is time to end State violence against women, committed in our names. Do it now! #ShutDownYarlsWood #SetHerFree

(Photo Credit: CavaSundays) (Woodprint by Jacob Steinhardt, at Velveteen Rabbi)

Filed Under: General Tagged With: #SetHerFree, #ShutDownYarlsWood, asylum, Book of Ruth, Dan Moshenberg, Haunts, prison, rape, women, women asylum seekers, Yarl's Wood

From Kerala to Florida, women farm workers are organizing and winning!

September 15, 2015 by Dan Moshenberg 6 Comments

Around the world, women farm workers are on the move, organizing and gaining ground for women workers everywhere. This past week, women farm workers in Kerala, in India, and Florida, in the United States, won major victories. In Kerala, tea plantation workers, all women, rejecting the direction of male dominated unions and political parties, went on strike and won! In Florida, undocumented women farm workers rejected the business-as-usual of sexual exploitation … and won! Women farm workers are turning the common sense of global food chains into global food networks and communities.

In July, the Great Place to Work Institute and People Matters rated Kanan Devan Hills Plantation, the largest tea estate in Munnar, in Kerala, as one of the best places to work in India. In early September, over 5000 plantation workers, almost all women, replied, “No!” They went on strike, demanding higher wages and bonuses. Their strike lasted nine days. During that time, the women told trade unions and political parties that [a] that male-dominated unions and parties did not represent the women’s interests sufficiently and [b] the women could negotiate for themselves.

The women allowed only four politicians to join the strike. They unconditionally welcomed 92-year-old VS Achuthanandan, a founding member of the Communist Party India (Marxist) and widely respected for his integrity. They also allowed women politicians PK Jayalakshmi, Bindhu Krishna, and Latika Subhash to join the strike, on the condition that they would stay in Munnar until the strike was resolved.

On Sunday night, the women won their bonus demands, and called off the strike. The wage demands are still being worked out.

For over 20 years, Ananthalakshmi has worked the fields: “Men hardly get tough chores like us. We even load the sacks to the trucks and are disproportionately paid”. The struggle in the Munnar hills of Kerala is for wages, bonuses, equality, women’s dignity and women’s power. By enthusiastically welcoming VS Achuthanandan, the women workers demonstrated that women’s power is principled, rigorous and courageous in its forms of inclusion.

The line of women’s power from the tea fields of Munnar to the tomatoland of Felda, Florida is long and direct. On Friday, five women vegetable packers won a $17 million sexual harassment case. The five women had worked for Moreno Farms, Inc. They said they felt terrified whenever their supervisors threatened to take them to the cooler and trailer. Their bosses groped, threatened, and raped them. When the women refused to submit, the bosses fired them. Three of the five women were raped. When they went to the local sheriff’s office to report the rapes, the sheriffs did … less than nothing. A local attorney, Victoria Mesa, stepped in and took the case, and she persuaded the Equal Employment Opportunity Commission, EEOC, to represent the women.

Beatriz André, EEOC’s lead attorney in the case, said, “Having long been silenced by shame and fear, this trial offered these five women the opportunity to give voice publicly to their experiences and their desire for justice.” Robert E. Weisberg, regional attorney for the Miami office of the EEOC, added “I’m thrilled because this jury’s verdict sends a message to every other woman working in Florida’s fields. They do have rights, regardless of their immigration status.” For the Coalition of Immokalee Workers, this is a cautionary tale: “The women on Moreno Farms suffered unspeakable indignities that could have been prevented, had they been working on Fair Food Program farms.”

Moreno Farms closed in May, which means it’s unlikely that the women will see the 17 million dollars, but this is more than a symbolic victory. First, the women will receive special U visas for victims of crime who assist law enforcement in prosecuting cases. Second, the women won! Five undocumented Latinas won. This local victory is a cross-border, transnational victory, as has been noted in Mexico and beyond.

Tea and tomatoes are big global business. Over the past week, 5000 women farm workers on a tea plantation in Munnar and five women workers in a tomato processing plant in Felda have shown they are not too big to be cracked open by women’s power and mobilization for justice for workers, women, and women workers. The struggle continues!

(Photo Credit 1: Youth Ki Awaaz) (Photo Credit 2: Coalition of Immokalee Workers)

Filed Under: General Tagged With: Coalition of Immokalee Workers, Dan Moshenberg, Equal Employment Opportunity Commission, Haunts, Kanan Devan Hills Plantation, Kerala, Munnar, rape, VS Achuthanandan, women, women farm workers, women workers

In the US and Europe: women, migrants, and injustice

August 31, 2015 by Kavita Daiya 1 Comment

Two news stories worthy of comment today: first, The New York Times reported yesterday that a nine-man, three-woman jury acquitted a young man from the elite prep school of St. Paul’s of rape charges, even when his 15-year-old victim reiterated over and over, that she had said “no” to her rape, several times during the ordeal.

What part of “No means No” did this jury not get? In the twenty-first century?

The defense lawyer’s bizarre and illogical closing argument, which clearly found favor with at least some of the jurors, was this: “He’s not a saint. He’s a teenager.” As if all male teens (and all men, it seems to imply), unless they are saints, will rape and assault young girls, and that that is a normal, acceptable thing; as if somehow, rape by teenagers should not be named or punished in the same way as rape by those who are not teenagers. One of the six men who brutally raped and killed the bus commuter Jyoti Singh in Delhi in 2012 was a 17-year-old teenager. Describing someone’s age status is not an argument. It is shameful that it became one, with a whole set of unspoken assumptions about acceptable sexual behavior, and seems to have been accepted by a majority of the members of that jury. How this majority male jury was selected to decide a case involving a young girl’s rape, gender bias, and other serious concerns about this grave failure of the justice process also emerge.

The other story takes us to violence against a different vulnerable population: those Syrian, Iraqi, Eritrean, and Afghani refugees dying on Europe’s roads and shores, in its fields and seas– those that European countries and international media dishonestly and dehumanizingly call “migrants.” As Hannah Arendt forcefully argued, based on the experience of Jewish refugees in the mid-twentieth century, these minorities have lost the protection of their states, and are “stateless people” – NOT “migrants.” Even the term “refugee,” she argued, hid from view the fact that these people were in the position they were in because their states could/would no longer protect them and their basic human rights. Instead of dehumanizing these stateless people by building more walls and pushing them out to sea, Europe needs to deliver on its promises in the 1951 Geneva Convention—made in the wake of the independence of most of the world from over 300 years of brutal British and European exploitation, dehumanization, enslavement, and colonization—to respect and protect the human rights of refugees. Somini Sengupta nailed it when she noted, “Countries are free to deport migrants who arrive without legal papers, which they cannot do with refugees under the 1951 convention. So it is not surprising that many politicians in Europe prefer to refer to everyone fleeing to the continent as migrants.”

If European states refuse to help these human beings and turn them away from refuge, they are no better than the state governments people are fleeing. In the dissembling name “migrant” that denies people their history and human identity, Europe simply reproduces the inhumane state violence of those regimes it disparages.

(Photo Credit 1: Telesurtv.net) (Photo Credit 2: EurActiv.com)

Filed Under: General Tagged With: consent, Europe, Hannah Arendt, Kavita Daiya, rape, refugees, Somini Sengupta, women

In Sierra Leone, OUTRAGE FOR HANNAH!

August 24, 2015 by Fatou Wurie 1 Comment

Hannah was raped. It does not end there. Hannah was disembodied; skull fractured, glue found in her eyes, broken bones in multiple areas of her body, her spinal cord – shattered. When Hannah was found, only a pink brassier covered the top part of her body. Her legs were sprawled apart, the only cover came from the beach’s sand and seaweed. Hanna was raped and her murder, an inhumane act of violence.

Hundreds of women and men took to the streets on Thursday August 20^th in a march organized by PowerWomen 232, a network for professional Sierra Leonean women. PowerWomen led the way for solidarity, chanting “Justice for Hannah, Justice for Women”. The outrage sourced from the predisposition that Hannah was raped (before autopsy results were released) and then murdered when images of Hannah’s deceased body were proliferated across local social media platforms. Those images forced us all to stop, question, mourn and be reminded that horrific acts of sexual violence very much thrive in our small nation’s shores.

Sierra Leoneans from all levels, high political personalities, leaders of women’s groups, activists, entrepreneurs, and students; the UN body, expatriates, and men marched wearing black, symbolic of solidarity at a time when being passive is no longer an option. Many who marched that day were not expecting this depth of brutality that Hannah’s young body had endured into her death.

Hannah’s death pierces through a plethora of Sierra Leone’s social and political issues currently circuiting in the country. Her death screams over denial about her violent murder, screams over blame (that it is because she was a sex worker that she got raped), and screams over the thick silence that has clothed action when it comes to enforcing punitive action against perpetuators of sexual violence.

Hannah’s death reminds us all that women’s bodies in Sierra Leone are under heavy siege. That Sierra Leone’s highly patriarchal society still subjugates with structural discrimination in practice, custom, and law, with a plethora of women still facing suppression in education, employment and politics. Sexual violence has always been rampant in Sierra Leone – the rhetoric that Ebola has induced a spike in sexual violence undermines the reality that little has been done to improve social and economic options for women.

Hannah was raped, maimed and murdered. Let that resonate with us all. This is a stark reminder that urgent work must be done to continue to speak up against sexual violence; that laws must no longer lie dormant but must be activated with stringent punitive actions against all perpetrators. More women who have experienced sexual violence must speak up, if enough of us are talking about this, sharing our stories – policy makers, communities, our women and men, the world will LISTEN.

Hannah’s death must not go in vain – we must channel our outrage into positive change. We have been reminded that the bodies, and psyches and spirits of Sierra Leonean women are not safe because Hannah was not only raped, she was brutally murdered and left exposed. We cannot turn away, we must act NOW.

(Photo Credit: Fatou Wurie)

Filed Under: General Tagged With: Fatou Wurie, Hannah, Power Women 232, rape, Sierra Leone, women

The scale of India’s “one small incident of rape”

September 4, 2014 by Dan Moshenberg 3 Comments

According to India’s National Crime Records Bureau, in 2013, there were, nationally, 33,707 rape cases, up precipitously from 24, 923 in 2012. New Delhi suffered the highest incident of rape, accounting for 1,636 cases in 2013. That’s up from 706 in 2012. Mumbai, Jaipur and Pune, the next three cities with the highest reported incidents of rape, together had 754 rape cases in 2013. In 2013, in 13,304 of the reported cases, the victim was a minor. In 2012, that number was 9,082. Finally, in 94% of the cases, the offender was “familiar to the accused”: a parent, neighbor, relative other than parent, or someone else. 94%.

These numbers are beyond disturbing.

Last month, India’s Finance Minister Arun Jaitley raised a storm of protest when he reflected, “One small incident of rape in Delhi advertised world over is enough to cost us millions of dollars in terms of lower tourism.” The “one small incident” was the 2012 gang-rape and murder of a young woman, now known as the Nirbhaya case. Nirbhaya means fearless.

When protests exploded all around him, the Finance Minister regretted his words, and, of course, the ways in which they had been “misconstrued”. As witness to his recantation, the formal, published version of the Finance Minister’s talk removed the word “small.”

While the diminishment of a terrible event of violence against a woman, and of violence against women, was horrible, and according to many of the responses and critiques much worse, the reduction of sexual violence to an economic equation is equally problematic and wrong. If the `one small incident of rape’ only cost, say, a thousand dollars, would it then be fine? Would it then not be a matter of concern for India’s Finance Minister? Is finance exclusively and only a matter of hard, cold cash, and curiously that of other nations?

There are calls – from the victim’s family, from women’s groups, and from the general citizenry – for the Finance Minister to resign. It’s not enough. Words of repentance and regret are fine, but they do not suffice. Arun Jaitley is part of State power. He has been for years, both in the opposition and now in Cabinet. Let him and his colleagues say less and do more. If they feel they must talk, let them say, publically, that as members of State they take full responsibility for the 33,707 women and girls.

But the place to show real remorse is in the national budget. Invest in those organisations in India that are sisters to organisations such as Rape Crisis Cape Town Trust in South Africa, organisations made up of women and men, made up of individuals and communities, hard at work at the coalface of sexual violence. Incidents of reported rape rose 35% in one year. Raise the budget for prevention of sexual violence and for care for survivors of sexual violence by 70%. Don’t talk about the millions of dollars lost to “one small incident of rape.” Instead, invest in stopping violence against women. Be fearless.

(Photo Credit: Al Jazeera)

(This is part of a collaboration between Rape Crisis Cape Town Trust and Women In and Beyond the Global. The original, in a different version, can be found here. Thanks to the staff and volunteers at Rape Crisis Cape Town Trust for their great and urgent work.)

Filed Under: General Tagged With: Dan Moshenberg, Haunts, India, Nirbhaya, rape, Rape Crisis Cape Town Trust, women

Musasa: A sheltering tree for and of women of Zimbabwe

June 20, 2014 by Dan Moshenberg 4 Comments

In Zimbabwe, two out of every three women and girls have experienced a form of gender-based violence in their lifetime. According to a 2006 study, 32% of women in Zimbabwe reported physical abuse by marital partners since the age of 16 years. That was then. Now it’s worse.

The 2006 study was conducted for the Musasa Project, one of the oldest women’s and feminist organizations in Zimbabwe. The Musasa Project was founded in 1988 in response to the escalating violence against women. Immediately, the women of the Musasa Project recognized that their work would involve service provision, advocacy, community organizing, and often raising a ruckus. The women of the Musasa Project have been leaders in every step of the women’s struggles in Zimbabwe. At the national level, this has meant from the earlier Constitutional processes to the domestic violence legislation campaigns to the more recent Constitutional processes to today.

According to their Executive Director Netty Musanhu. “I am sure you are aware of the crisis that the country has been in for the last decade. Things are getting worse – women are bearing the brunt of all that. We are seeing an increase in rape and sexual violence. We ask ourselves the question, if we are having high levels of sexual violence in times of relative peace, what does this mean?”

Despite an ongoing war on women, in which one in three girls is raped before the age of 18, Zimbabwe is officially a post-conflict country. It’s `at peace.’ Crisis is not conflict, according to the men who lead multinational agencies and form public opinion and governmental policy.

Meanwhile, by the government’s own assessment, at least 1500 children were raped in the first five months of 2014. To no one’s surprise, the overwhelming majority of rapes was committed by close relatives, parents or guardians.

The national government this week launched a National Action Plan on rape, which could be a good thing. It has said it is declaring war on rape, which cannot be a good thing. Sexual violence generally, and rape specifically, cannot be addressed with the means or mentality of warfare.

What exactly would war on rape mean, anywhere? What specifically would it mean in Zimbabwe, in which remand prisons are choking with women and men awaiting trial for years in cages in which, often, there is no usable water, food, electricity, or health care, in which people have died of starvation while awaiting trial?

In Shona, musasa means sheltering tree. The women knew what they were doing when they chose that name. The organization works from an explicitly intersectional place, in which domestic violence is HIV and AIDS which are poverty and wealth, which are access to safe spaces. For that reason, the Musasa Project continually supports evidence-based research to see what the situation is, while they sustain a physical shelter for women and children; meet and work with the government, especially legislators and police; run a hotline; monitor communities; and generally try to keep ahead of the arcs of violence. They always keep their eyes on the prize: women’s emancipation through the establishment of women’s power.

In Zimbabwe, elections loom large, and the patriarch is going to go out with a bang. Women who oppose violence, women who work their whole lives to transform violence into justice and peace know that a war on violence is not the answer. Musasa is the answer: a growing, flowing, sheltering tree that connects, one day, sheltering earth to sheltering sky.

(Image Credit: https://www.facebook.com/musasazim)

Filed Under: General Tagged With: Dan Moshenberg, Haunts, Musasa Project, prison, rape, sexual violence, women, Zimbabwe

If rape isn’t in the guard’s job description, the jail is off the hook

March 31, 2014 by Dan Moshenberg 31 Comments

A woman prisoner in West Virginia says she was raped 17 times by a Regional Jail Authority “correctional officer”. She sued both the officer and the Regional Jail Authority. She sued the jail for negligence in hiring, supervising, training and retaining said officer. The jail asked to be dropped from the suit because sexual assault is not in the scope of his duties. Rape is not in his job description, and so …

A lower court agreed with the woman. Last week, the West Virginia Supreme Court voted 4 – 1 in favor of the West Virginia Regional Jail and Correctional Facility Authority. The woman is called AB, the officer DH. The Supreme Court majority ruled: “We find that D. H.’s alleged acts fall manifestly outside the scope of his authority and duties as a correctional officer. There can be no question that these acts, as alleged, are in no way an `ordinary and natural incident’ of the duties with which he was charged by the WVRJCFA. Respondent has failed to adduce any evidence bringing these alleged acts within the ambit of his employment beyond merely suggesting that his job gave him the opportunity to commit them. As such, we conclude that the WVRJCFA is entitled to immunity for respondent’s claims based on vicarious liability for D. H.’s acts.”

There you have it. Rape is not in the job description, and so the Jail is “entitled to immunity.”

Supreme Court Chief Justice Robin Davis offered the dissenting opinion: “In order to find that the Regional Jail is immune from liability when female inmates are raped with impunity by correctional officials, the majority opinion recast our law on qualified immunity in such a manner as to make it now virtually impossible for any state agency, not just the Regional Jail, to ever be held accountable for tortious conduct committed by employees within the scope of their employment. I do not make this accusation lightly… To add insult to injury, the majority opinion also has concluded specifically that liability cannot be imposed on the Regional Jail merely because it did not have any regulations designed to protect female inmates from being raped. According to the majority opinion, such regulations `easily fall within the category of ‘discretionary’ governmental functions.’ The majority opinion requires a rape victim to specifically point to `a ‘clearly established’ right or law with respect to . . . supervision[.]’ In the final analysis, under the majority opinion, the Regional Jail simply has to bury its head in the sand and never promulgate any regulation designed to protect the bodily integrity of female inmates to ensure its continued impunity from liability… The majority opinion promotes and rewards `gross negligence and deliberate indifference’ to the constitutional right of female inmates to be free of sexual assaults. But, the State cannot be granted absolute immunity merely because no regulation was violated when its employee raped an inmate seventeen times. Just what will it take to protect women from such assaults? Simply put, the Regional Jail was grossly negligent in not having regulations in place that would have protected the plaintiff from being alone with any male correctional officer on seventeen separate occasions.”

Just what will it take to protect women from such assaults? As reports from the Julia Tutwiler Prison for Women reveal, this is not an isolated incidence. What if judges considered the `immunity’ of correctional staff before sending women to prison and jail for the slightest perceived offense? What if judges stopped targeting girls for prison and stopped punishing girls for non-status offenses? What if we turn this darkness into light? Just what will it take?

(Photo Credit: MediaMatters.org)

Filed Under: General Tagged With: Chief Justice Robin Davis, Dan Moshenberg, Haunts, Julia Tutwiler Prison for Women, prison, rape, West Virginia, West Virginia Regional Jail and Correctional Facility Authority

How many women? Ask the women of Papua New Guinea

February 25, 2014 by Dan Moshenberg 49 Comments

How many women are raped in order to produce the world’s gold? How many women are chased off their land, kicked out of their own social structures, and otherwise beaten down in the pursuit of mineral resources? Ask the women of Papua New Guinea.

The Porgera open-pit gold mine in Papua New Guinea is a good old-fashioned money, and blood, pit: “The mine has a terrible reputation for both human rights abuses (rapes, beatings and killings by security personnel) and environmental damage (vast quantities of potentially toxic tailings dumped into a nearby river). But gold prices, while down from their recent peak, are still three times what they were a decade ago, so dig they must.”

The Porgera mine, owned by the Canadian company Barrick, is rich. In the last two decades, the mine has produced over 20 billion dollars worth of gold. Barrick is rich. Papua New Guinea is poor. Almost a third of the population lives in dire poverty. Around the Porgera mine, it’s worse. As happens so often around `wealthy’ mining sites, the area has experienced severe “social disintegration.” The local communities derive little benefit from the mines, and what benefit they get is slotted to the men. Gender inequality increases. Women become both absolutely and proportionately poorer and more vulnerable. Bride price and polygyny increase dramatically. Women’s status declines. Women’s customary abilities to negotiate dwindle. Abandonment of women and children rises. Domestic violence both increases and intensifies.

Three years ago, a major report investigated and confirmed repeated incidents of gang rape of local women by Porgera’s private security firm. All of the women were brutally beaten. None of the women reported the rapes. What would have been the point? Another report, this one from last year, noted: “A number of the women whose assaults had become public knowledge were stigmatised, beaten by family members or divorced by their husbands.”

The women started organizing and issued demands. What happened? At first, nothing. Then … Barrick created a “remedy program for victims”. This included “the requirement that to receive compensation, women must waive their right to sue Barrick.”

In order to get help, in order to get compensation, the women have to sign away their rights. First, Barrick denied and stonewalled for five years. Then they bullied and bullied some more, all in the name of `remedy.’ The United Nations `recommended’, and the world `condemned.’ No matter. The Barrick non-judicial grievance mechanism remains in place, opaque as ever. Here’s how one witness describes it: “Many women were not aware of the remedy program, others were suspicious of it, and we found general lack of clarity about the process. Women said that the program was being run in a language that they could not understand and that they had not been offered translation. Women said that the things they were being offered through the program were either not what they needed to address the harm they had suffered, or not compatible with culturally appropriate remedies for the type of harm they had suffered, or simply not commensurate with the harm they had suffered. The primary things these women were being offered were baby chickens to raise and second hand clothes to sell. The program seemed to be confusing small scale development programs with remedy.”

There is no confusion. The founder and chairman of Barrick explained that the sexual violence at Porgera occurred because, in Papua New Guinea, “gang rape is a cultural habit.” It never happened, we weren’t there, and anyway it’s your fault, even though it never happened. Barrick was there, Barrick is there … and in Tanzania … and … How many women? How many more women?

(Photo Credit: Brent Stirton/Getty Images for Human Rights Watch)

Filed Under: General Tagged With: Dan Moshenberg, Haunts, mining, Papua New Guinea, Porgera, rape, Tanzania, women