All that is human drowned in the sea: They did not drown. They were executed.

February 27, 2023 by 1 Comment

“Yea, though I walk through the valley of the shadow of death, I will fear no evil: for thou art with me; thy rod and thy staff they comfort me.” Psalm 23

BBC headline today: “Italy migrant boat shipwreck: More than 100 people feared dead”. The  article, in part, reads: “There are fears that more than 100 people, including children, have died after their boat sank in rough seas off southern Italy. At least 62 migrants are confirmed to have died, with 12 children said to be among the victims, including a baby. The vessel, thought to have carried some 200 people, broke apart while trying to land near Crotone on Sunday. People from Afghanistan, Pakistan, Somalia, Syria, Iraq and Iran were said to be on board. Bodies were recovered from the beach at a nearby seaside resort in the Calabria region.” Notice how “people” become bodies. And who exactly “fears”? The governments that turned the Mediterranean into a graveyard? The governments that support them, by turning border rivers, mountains, deserts, plains into cemeteries? The people who vote for these policies?

Remember?

May 30, 2016: “Last week at least 700 people – refugees and asylum seekers – drowned in the Mediterranean. That raises this year’s known death toll to 2000. Italy plans to build a cemetery, a memorial of sorts, to those who die at sea. It would be located next the remains of the country’s largest fascist concentration camp. While the cemetery is the least Italy, or any country, can do, that cemetery is not a “final resting place”. There is no final resting place for those refugees and asylum seekers. This weekend is filled with images of cemeteries and those who come to the cemeteries: families, dignitaries, people. But there is no picture of the surface of the Mediterranean, and there should be. As we stare at the photographs of cemeteries, we should be made to stare at the unbroken surface of the Mediterranean. We should remember all who have perished in the name of war.”

December 30, 2016: “This year, all that is human drowned in the sea, all that is holy has been profaned, and we are at last compelled to face with sober senses our real conditions of life, and our relations with our kind. In 2016, at least 5000 migrants drowned in the Mediterranean. Last Friday, two boats capsized, and “about 100 people are missing and feared dead.” Who fears them dead? No State and no amalgam of nation-States fears them dead. Rather, in this the deadliest year ever for migrants trying to reach Europe, the year’s epitaph is simple: “2016: The year the world stopped caring about refugees”. We are the world, and we turned the sea into a graveyard. This year, the women, child, man of the year lies on the bottom of the Mediterranean, and we do not know their names, and we do not much care. If we did, they would be alive today. So here is a poem for the unknown refugees who lie in the cemetery that we have made of the Mediterranean.”

July 26, 2019: “Today was to be about the women in Puerto Rico who changed history, who sparked and sustained a movement against patriarchy, colonialism, injustice, imperialism, racism, misogyny. Today was to be about the women in Puerto Rico who continue to move a nation forward. But 150 women, children, men died – were murdered – off the coast of Libya, and the story that is told cannot stand. The story that is told is so much noise “tragedy”, tragedy, tragedy. Fear: feared drowned; feared dead; feared dead; feared drowned. These reports empty tragedy and fear of all meaning. As activist Helena Maleno has noted, Europe and the United States have militarized the borders into death zones, zones of necropolitics, necrocapitalism, necroborderlands, in which people are killed or abandoned to die. Criminalize all attempts at rescue or support, militarize the spaces between nations, criminalize those who seek rescue or support, fill the waters with sharks, and then, when the refugees and asylum seekers drown, call it a tragedy of monumental proportions.”

December 31, 2019: “Once again, the year ends with the surface of the Mediterranean concealing thousands of humans lost. According to the International Organization of Migration, 1246 people – women, children, men – drowned in the Mediterranean while trying flee certain death. In certain circles, this number, 1246, is being celebrated as a mark of success. The numbers of dead have declined. Fortress Europe, like Fortress Australia and Fortress USA, is working. This is the mathematics of success in our contemporary world. 2019: 1246 dead: “the fifth straight year of at least 1,000 deaths on the Mediterranean”. 2018: 2299 dead. 2017: 3139 dead. 2016: 5143 dead. 2015: 4054 dead. 2014: 3283 dead.  From 2014 to today, 19,164 souls – women, children, men – thrown into the deep waters of unmourning. No language, no marking of names, no taking of place. No singing. Only the silence of “success”.”

December 31, 2020: “For the last few years, Europe (including the United Kingdom), the United States, and Australia – the imperial ‘we’ – turned bodies of water, such as the Mediterranean, into massive graveyards. This year, dissatisfied with having poisoned the Mediterranean, Europe extended the Mediterranean into the Atlantic Ocean, to the Canary Islands. According to Helena Maleno and her organization, Caminando Fronteras, this year 2170 people died, drowned, trying to reach Spain. The overwhelming majority of those who drowned died on their way to the Canary Islands. 1851 people died in 45 shipwrecks. In 2019, 893 people died trying to reach Spain. A 200% increase in African deaths is considered a success in Fortress Europe, having `secured’ the Mediterranean by increasing military patrols and forcefully decreasing rescue ships. As of two days ago, 1,156 deaths were recorded this year in the Mediterranean. The Mediterranean Sea the deadliest migration route and, extending now to the Canary Islands, the largest cemetery ever built.”

December 31, 2021: “On December 25, in three separate incidents, three boats filled with refugees capsized. At least 31 people died, and, as of now, scores of people on those boats are still missing. It is the worst Aegean death toll since October 2015. The next day, December 26, close to 30 people washed ashore in Libya, refugees who had tried to cross the Mediterranean, just so much flotsam from another shipwreck. These corpses capped a week in which at least 160 people, migrants, drowned in shipwrecks off the coast of Libya.”

It’s too late, way too late, to claim to “fear” that migrants have died. Those children, those women, those men, did not drown. They were executed, and now the hangmen “fear” they might be dead?

Here, in lieu of Psalm 23, is today’s prayer …

“Not one more refugee death

By Emmy Perez

A river killed a man I loved,
And I love that river still

—María Meléndez

1.
Thousands of fish killed after Pemex
spill in el Río Salado and everyone
runs out to buy more bottled water.
Here, our river kills more crossers
than the sun, than the singular

heat of Arizona, than the ranchlands
near the Falfurrias checkpoint.
It’s hard to imagine an endangered
river with that much water, especially
in summer and with the Falcon Reservoir

in drought, though it only takes inches
to drown. Sometimes, further
west, there’s too little river
to paddle in Boquillas Canyon
where there are no steel-column walls

except the limestone canyon’s drop
and where a puma might push-wade across,
or in El Paso, where double-fenced muros
sparkle and blind with bullfight ring lights,
the ring the concrete river mold, and above

a Juárez mountain urges
La Biblia es La Verdad—Leela.

2.
Today at the vigil, the native singer
said we are all connected
by water, la sangre de vida.

Today, our vigil signs proclaimed
McAllen is not Murrieta.
#iamborderless. Derechos
Inmigrantes=Derechos
Humanos. Bienvenidos niños.
We stand with refugee children.
We are all human. Bienvenidos
a los Estados Unidos.

And the songs we sang
the copal that burned
and the rose petals spread
en los cuatro puntos were
for the children and women
and men. Songs

for the Guatemalan
boy with an Elvis belt buckle
and Angry Birds jeans with zippers
on back pockets who was found
shirtless in La Joya, one mile
from the river. The worn jeans

that helped identify his body
in the news more times
than a photo of him while alive.
(I never knew why the birds
are angry. My mother said
someone stole their eggs.)

The Tejas sun took a boy
I do not know, a young man
who wanted to reach Chicago,
his brother’s number etched in
his belt, his mother’s pleas not
to leave in white rosary beads

he carried. The sun in Tejas
stopped a boy the river held.
Detention centers filled, churches
offer showers and fresh clothes.
Water and a covered porch may
have waited at a stranger’s house

or in a patrol truck had his body
not collapsed. Half of our bodies
are made of water, and we can’t
sponge rivers through skin
and release them again
like rain clouds. Today

at the vigil the native singer
sang we are all connected
by water, la sangre de vida.”

We are all connected by water, la sangre de vida. Not one more refugee death. Amen.

 

(By Dan Moshenberg)

(Image Credit: Kassidy Dawn / Lacuna)

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In (the news coverage of) Nigeria’s elections, where are the women?

February 26, 2023 by 2 Comments

#NigeriaDecides. For the last couple months, the hashtag has been everywhere. Well, if not everywhere, in many places. In a much-anticipated election, Nigeria voted yesterday, February 25, 2023, for President and members of the National Assembly. Leading up to vote, a number of news agencies ran articles with headlines like “What you need to know”, “What’s at stake”, “What to Know”, “what are the issues”, and the list goes on. While these articles focused on the youth vote, economic insecurity, military insecurity, they did not include any mention of gender, of women, despite that actually being a topic of more than passing interest among Nigerians, especially Nigerian women. So, where are the women in Nigeria’s elections? Sadly, severely underrepresented.

This year, one woman, Princess Chichi Ojei, of the Allied Peoples’ Movement, ran for President or for Vice-President. That’s out of 36 presidential candidates and running mates. In the last election, 2019, 28 of the 146 presidential candidates and running mates were women. From 2019 to 2023, then, the percentage of women among candidates for top positions has gone from 19.2% to 2.8%. Of the 1,100 candidates for Senate seats, 84 are women, or 7.6% of those running. As Africa Check noted, “Our factsheet on the status of women in Nigeria shows that since the country’s return to democracy in 1999, the share of women in the federal legislature has remained well under 10%. Sadly, this will not change in 2023.”

In Nigeria and across the continent, as people followed the lead-up to the elections, many asked, ”Where are the women?” For example, Ellen Johnson Sirleaf, former President of Liberia, and K.Y. Amoako, founder and President of the African Center for Economic Tranformation, wrote, “Women’s progress toward high leadership positions unfortunately leaves much to be desired. Since it gained independence in 1960, Nigeria has not had any women presidents or vice presidents. It has not elected any female governors across its 36 states. Its proportion of women representatives in both legislative chambers does not exceed 7%. The country’s national average of women’s political participation has remained around 6.7% in elective and appointive positions, far below the global average of 22.5%. In Nigeria, women and girls account for half of the population, and therefore represent half of its potential as an African nation. For Nigeria to prosper and progress, it must increase the representation of women in decision-making positions. Nigeria’s equity challenge did not arise because of a lack of leadership potential in its women. Nigerian women are a shining beacon of public leadership on the global stage.”

Nigerian women, individually and in organizational spaces, have been aware of and decried the current situation. In January, Chimamanda Adichie asked, “There is … something sad about the idea that we haven’t had a woman governor in this country. It’s wonderful that we are celebrating the possibility [of having one soon] but why has it taken so long?” Ayisha Osori, former candidate for National Assembly, noted, “Elections in Nigeria are monetised and transactional, and women are already socially disadvantaged considering that in Nigeria, the fastest way to be rich is to be in government. If women are not in politics then they cannot raise money and if they cannot raise money, then they cannot be in politics.” Mufuliat Fijabi, CEO of Gender and Election Watch, a Nigerian NGO, noted that this election is part of a trend, “If you look at the global average practices, we are not where we should be in terms of inclusion of women in leadership and decision-making positions. The number of female candidates in this election is 7.8 per cent which means it’s very few and if we are not careful, the number may decrease.”

Speaking of the National Assembly, the outgoing legislature has 469 members, of whom 21 are women. 4.4% of the legislature are women. That’s the legislature that in March 2022 rejected five gender bills that would have provided special seats for women at the National Assembly; allocated 35% of political position appointments to women; created 111 additional seats in the National Assembly and the state constituent assemblies; and committed to women having at least 10% of ministerial appointments. The Assembly rejected them all: “This is a tragedy for Nigerian women.”

Nigerian women have experienced both a gradual erosion of their position and progress in elected and appointed positions, as well as a more recent open backlash. At the same time, the international press, with the exception of Al Jazeera, has largely kept silent on the situation, despite claiming to offer necessary information about the Nigerian election. What you need; what’s at stake; what to know; what what what what what. What I know is where are the women in (the news coverage of) Nigeria’s elections?

 

(By Dan Moshenberg)

(Infographic Credit: Al Jazeera)

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“Shackling her was `brutal, sadistic, and unconscionable.’” Stop shackling pregnant people.

February 19, 2023 by Leave a Comment

Dayton, Minnesota, the night of January 7, 2020, Faris and Sara Hussein were at home, chilling. Faris was playing video games. He had his headphones on. Sara Hussein was in the kitchen, cooking. Sara was nine months pregnant, expecting their first child in two weeks or so. There was a knock at the door. Faris, playing video, didn’t hear it. Sara, busy in the kitchen, didn’t hear it. Then a boot kicked in the door, armed men rushed in, armed men in plain clothes grabbed Faris, grabbed Sara and threw her to the floor. Home invasion? Yes, by police. Maple Grove police were looking for … a stolen snowblower. Yes, a snowblower. Shackled, Sara and Faris Hussein were taken to the Hennepin County Jail. Although Sara was never charged with anything, she was kept in shackles, even when she went into labor. According to her, she was kept in shackles while in labor for five hours. A few hours after finally being released, Sara Hussein delivered her and Faris’ first child. Sara Hussein has since sued Hennepin County: “The lawsuit she filed against the county said shackling her was `brutal, sadistic, and unconscionable.’” This week, three years later, Hennepin County settled the suit for $500,000.

Everything about that night was wrong. In Minnesota, by state law, shackling pregnant people is illegal. Sara Hussein was shackled in labor for five hours, in plain sight. Sara Hussein, nine months pregnant, was shackled from beginning to end, again in plain sight. No one objected. No member of any so-called law enforcement agency reminded anyone that shackling a pregnant woman is illegal. Minnesota passed a law banning the shackling of pregnant women in 2014. This all happened in January 2020, six years later. Finally, Hennepin County Jail is the largest jail in Minnesota. None of this is out of ordinary. Illegal, yes. Cruel, decidedly. Unusual, sadly no. Minnesota law requires any shackling of pregnant women must be reported to the legislature within three days. Sara Hussein’s case was never reported. Nor were a number of other cases. Again, illegal, yes. Cruel, decidedly. Unusual, no.

Kare 11, a local Minneapolis – St. Paul news station, first covered this story and has done so, pretty much exclusively ever since. Their reporting has been thorough and reliable. However, from beginning to end, Kare 11 has insisted on the significance of Sara Hussein’s innocence. Their first account’s headline read: “Jailed, innocent, in labor – and shackled”. This week’s report’s headline read: “Bungled raid led to innocent pregnant woman’s shackling”. Shackling Sara Hussein was brutal, sadistic and unconscionable, and illegal, not because she was innocent, but because she was pregnant and then in labor. Her presumed innocence or guilt is irrelevant. Again, shackling pregnant people, shackling people in labor, is brutal, sadistic, unconscionable, and it should be illegal everywhere. Stop shackling pregnant people. What will it take to stop shackling pregnant women?

 

(By Dan Moshenberg)

(Image Credit: Radical Doula) (Photo Credit: Kare 11)

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Hope in a time of choler: Spain expands women’s, transgender rights

February 17, 2023 by 2 Comments

A protest calling for the legalization of abortion, Madrid 1978

On Thursday, Spain’s Congress passed laws, some groundbreaking, that expand the rights and well-being of women, transgender people, and everyone. First, Spain became the first country in Europe to entitle workers to menstrual leave. Second, Spain revised its laws concerning abortion. Under the new law, 16- and 17-year-olds no longer need parental consent to undergo an abortion. The new law further enshrines the right access to abortion in public hospitals. Currently the overwhelming number of abortions take place in private hospitals because state hospital doctors refuse to perform them, claiming religious objection. Period products will now be offered, free, in schools and prisons; hormonal contraceptives and the morning after pill will be offered, free, in public health centers. Third, Spain widened transgender rights. Under the new law, anyone older than 16 can change their legally registered gender without any medical supervision. With parental consent, 14- to 16-year-olds can change their legally registered gender. 12- and 13-year-olds will need a judge’s authorization. No one will be required to prove gender dysphoria. Fourth, another new law bans the use of `conversion therapy’ for LGBTQIA+ people. Finally, a fifth law provides state support for lesbians and single women seeking IVF treatment. The new laws also expanded sex education across the educational landscape. When these laws were all passed, Irene Montero, Equality Minister and member of the Unidas Podemos party, said, “I am well aware that the road does not end here.” There’s more to come. We make the road by walking.

Individually, each of these laws is a major step, and, as always, the result of years of struggle and organizing. Taken together, they offer a glimpse of a world filled with hope that begins with and always insists on the full and unquestionable humanity of every individual and group. As Montero noted, when discussing the transgender legislation, “This is a law that recognizes trans people’s right to freely decide their gender identity. It stops trans realities being treated as abnormalities. Trans people aren’t sick people; they’re people – full stop. They are who they are – full stop. Trans women are women – full stop. From today, the state recognizes that.”

While Spain’s menstrual leave law is the first in Europe, it’s not the first anywhere. Japan, Indonesia, Zambiahave passed similar laws, with varying effects. Likewise, Argentina recognized transgender rights in 2012, and Denmark followed suit in 2014. The point is not which came first but rather that the community of countries widening, rather than further restricting rights, is growing, thanks to Spain’s actions this week. Love is love, people are people, humans are humans, women are women. Full stop.

 

(By Dan Moshenberg)

(Photo Credit 1: Chema Conesa / El País) (Image Credit: Barbara Kruger / The Broad)

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In Woodstock, Cape Town, South Africa, the struggle for housing is a struggle for home

February 6, 2023 by 1 Comment

120-128 Bromwell Street

The Constitution of the Republic of South Africa consists of a Preamble and 14 chapters. Chapter 1 provides the “founding provisions” and opens: “The Republic of South Africa is one, sovereign, democratic state founded on the following values: Human dignity, the achievement of equality and the advancement of human rights and freedoms. Non-racialism and non-sexism. Supremacy of the Constitution and the rule of law. Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.” It’s a promising beginning. Chapter 2 is titled “Bill of Rights” and begins: “This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The state must respect, protect, promote and fulfil the rights in the Bill of Rights.” Section 26 of the Constitution, located in Chapter 2, concerns housing and so much more: “Housing: Everyone has the right to have access to adequate housing. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” This is one of only two occasions on which the Constitution discusses “home”. The other, Section 14, articulates the right to privacy: “Everyone has the right to privacy, which includes the right not to have their person or home searched.” There’s a great deal, though not enough, of discussion these days of `homelessness’. Recently, that condition has been somewhat refined by calling the loss of housing the state of being unhoused. While a welcome intervention, this still doesn’t tell us what home is.

Beyond the right to access to adequate housing and the right to not be arbitrarily evicted or have one’s home arbitrarily demolished, what is the State’s responsibility to something they, the inhabitants, residents, neighbors, community, call home? This is a particularly poignant question in a country marked by a history of forced mass dislocations, a description as apt for the United States, Brazil, India, England, as South Africa. Nevertheless, when the authors of the South African Constitution codified the right to housing, they remembered, acutely, the dislocations, demolitions and deprivations of housing and home under the apartheid regime. And today? Consider a court decision rendered today by the Supreme Court of Appeal of South Africa, concerning the rights of residents in the Woodstock neighborhood of Cape Town. While today’s decision may mark a turning point, it is not the end of the story.

For some, the story would start on October 30, 2013, when The Woodstock Hub bought 120 to 128 Bromwell Street. On June 30, 2014, residents were served eviction notices and given a month to clear out. Residents, 26 in all including children, began organizing. They went to court. In 2016, the Cape High Court decided in favor of the landlord. The residents’ attorneys argued that at the very least the City had an obligation to move the residents into nearby and adequate housing. Instead, the City proposed to move them to Wolwerivier, far from the city center and with absolutely no public transportation whatsoever. Woodstock, on the other hand, is one of the most centrally located suburbs in Cape Town, and while it managed to avoid forced removals in the 1950s, its location has meant wave upon wave of gentrification, displacement, and struggle. With that in mind, the residents and their attorneys appealed the decision.

In 2021, five years later, the Cape Town High Court decided that the City’s plan for removal to Wolwerivier was indeed unconstitutional. The Court ruled the City must find the residents emergency housing as near as feasibly possible and within the year. In response, The Woodstock Hub appealed, and that’s where we are today. Today, the Court ruled the City plan is not unconstitutional, because the earlier decision “did not identify the extent of invalidity for the City to rectify in its order.” On the other hand, the Court did say the City must provide adequate housing “in a location as near as possible to where they currently reside” before the end of May. It’s a mixed decision. Whether the residents will accept or appeal is unknown just now.

120 to 128 Bromwell Street has been, and is, home to these residents. Brenda Smith is 82 years old. She was born in 128 Bromwell Street. Today, she lives in 128 Bromwell Street. Charnell Commando is 36 years old. She has lived on Bromwell Street all her life. In fact, her parents, grandparents, and great grandparents also were born and lived at her current address. Graham Beukes, 42 years old, has lived all his life at his current Bromwell Street address, where his parents lived for 50 years. What `value’ does their history, do their lives, have? What is home?

 

(By Dan Moshenberg)

(Photo Credit 1: Rejul Bejoy / GroundUp) (Photo Credit 2: Ashraf Hendricks / GroundUp)

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On the calls for peaceful protest: Talk to the police, first.

January 28, 2023 by Leave a Comment

Kara Walker, 40 Acres of Mules

In the lead up to and following the release of the videos of the brutal murder of 29-year-old, 140-pound, skateboard- and sunset-loving, loving father and son, Tyre Nichols, killed by at least five Memphis police officers for the crime of Being Black, people from the President of the United States to Mr. Nichols’ family have called on people to engage in `peaceful protest’. While they called for a quick and just response to the violence, while they called for local and national legislation, they did not call on the police to be `peaceful’ as well. Why? Because in this nation, and historically, a peaceful police force is unimaginable. That is all.

March on Washington for Jobs and Freedom, American, August 1963, 60 years ago

(By Dan Moshenberg)

(Image Credit 1: Kara Walker, 40 Acres of Mules / Museum of Modern Art)
(Image Credit 2: Smithsonian National Museum of African American History and Culture)

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Where are the women? In England and Wales, in prison awaiting trial, under attack

January 17, 2023 by Leave a Comment

 

Yesterday, England’s House of Commons Justice Committee delivered its report, “The role of adult custodial remand in the criminal justice system”. The Committee’s summary opens, “At present, the number of defendants being held in custodial remand while awaiting trial is at the highest level it has been for 50 years. They are also being held for longer periods of time, often beyond the statutory six-month limit. Recent figures show that 770 prisoners have been held on custodial remand for over two years, awaiting trial.” The highest level in 50 years. Longer periods of detention. Since 1976, the Bail Act was supposed to avoid precisely this situation, securing the “general right to bail of accused persons”. The idea was to reduce and then keep at a minimum the size of the population of people incarcerated while awaiting trial or any process: “Section 4 (1) raises the presumption that all unconvicted defendants in criminal proceedings will be granted bail.” With a fifty-year high in size and historical record lengths detained as remand incarcerated people, it’s clear the State has refused to recognize its own law, and with that, the dignity and rights of people, especially of women. Where are the women in England and Wales? According to the House of Commons Justice Committee, they’re incarcerated and awaiting trial: “The use of custodial remand for non-violent offences is a particularly acute practice for women. 85% of women on remand in prison have been charged for a non-violent crime.” 85% of women on remand in prison have been charged for an offense that, if found guilty, would not result in incarceration, and yet there they sit, incarcerated.

Two-thirds of the women remanded to prison are found not guilty or given a community outcome. There are little to no services in the remand sections of prisons, and yet “acutely mentally unwell women” are remanded to prison, often. When pressed to at least collect data on the situation, the government “rejected” the proposal, on the grounds that it was moving to implement reforms. The highest level in 50 years must be the result of those reforms. According to various support organizations, most women remanded to prison have no fixed abode, at the moment of reception.

The report goes on to describe “The female estate”: “The number of women received into prison on remand increased by 9% between April to June 2020 and July to September 2021. Women entering prison on remand account for over half of the women received into prison in a given year. The size and geography of the women’s estate means women tend to be held further from home, creating difficulties in maintaining contact with their families and within the remit of local services. 40% of women remanded into custody do not go on to receive a custodial sentence …. Almost nine in 10 women held on remand are low or medium risk of serious harm to the public …. Women can be held in prison on remand due to a lack of available appropriate accommodation in the community rather than because they are a threat to the public.”

Finally, “an acting prison governor at Bronzefield Prison, which has the highest number of remanded women in the country, noted that the large number of women on remand had restricted the capacity for prison staff to work constructively with the sentenced women in their care.”

It took decades for this deplorable and utterly predictable situation to occur. In 2012, the Chief Inspector of Prisons noted that remand incarcerated people were treated worse than convicted incarcerated people, and that women were “over-represented” in that population. Eleven years later, women are more over-represented and for longer periods of time. And then there’s Covid. Decades of defunding public services, throwing women into prison `protection’ for `their own good’ as well as the `public safety’, and ignoring, and violating. laws, because, really, what does the law mean for women, have resulted in a thoroughly outrageous and, again, altogether predictable situation. Where are the women in England and Wales today? In prison, under attack.

(By Dan Moshenberg)

(Photo Credit: Gabriel Saints / UK House of Commons Justice Committee)

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Landmark cases: In Massachusetts, Nebraska, Black women demand housing justice for all!

January 14, 2023 by Leave a Comment

Two “landmark cases” hit the news this week, both involving the rights and dignity of Black women. In Massachusetts, Mary Louis, of Malden, and Monica Douglas, of Canton, both Black women with housing vouchers, sued SafeRent and Metropolitan Management Group in US District Court for applying racial discrimination in their tenant screening software. This week, the U.S. Department of Justice and the U.S. Department of Housing filed a statement of interest in support of Louis’ and Douglas’ claim. In Nebraska, Teresa Holcomb, a Black resident of Omaha, faces eviction, filed by NP Dodge Management. Ms. Holcomb’s attorneys, from Legal Aid of Nebraska and Nebraska Appleseed, are arguing that Ms. Holcomb has the right to a trial by jury. The Nebraska Supreme Court began hearings on Wednesday.

On May 25, 2022, attorneys representing Mary Louis, Monica Douglas, and the Community Action Agency of Somerville filed a lawsuit, in federal court, arguing that SafeRent, a national tenant screening provider, had been violating the Fair Housing Act for years by consistently giving low scores to Black and Latino rental applicants holding federally funded housing vouchers, causing them to be denied housing. This week, U.S. Attorney Rachael S. Rollins for the District of Massachusetts explained, “Algorithms are written by people. As such, they are susceptible to all of the biases, implicit or explicit, of the people that create them. As the housing industry and other professions adopt algorithms into their everyday decisions, there can be disparate impacts on certain protected communities. Stable and affordable housing provides a unique pathway to success, opportunity and safety. We must fiercely protect the rights and protections promulgated in the Fair Housing Act. Today’s filing recognizes that our 20th century civil rights laws apply to 21st century innovations.”

SafeRent Solutions used to be called CoreLogic Rental Property Solutions. CoreLogic was sued, in Connecticut, “for violating the Fair Housing Act by discriminatory use of criminal records as rental criteria.” That court ruling is pending.

On Wednesday, January 11, Nebraska’s Supreme Court began hearing NP Dodge Management Company v. Holcomb. Teresa Holcomb got into an argument with two other tenants in a common area. NP Dodge Management Company filed for eviction, claiming Ms. Holcomb had violated the crime-free housing clause by threatening residents. Ms. Holcomb disputed that claim. The original court found in the landlords’ favor. Ms. Holcomb appealed, arguing that she had a constitutional right to a trial by jury to determine whose narrative, the tenant’s or the landlord’s, should prevail. In an Amicus brief, the local ACLU and NAACP opened their arguments in support of Teresa Holcomb, “This appeal puts before the Court a historical issue of the right to a jury trial on factual issues in an eviction trial, a matter of special importance to women, especially Black women, and their children, as well as people with disabilities.”

Last year, 9.3 million people in the United States received housing assistance. Of households receiving public housing assistance, 75% were female-headed. From discrimination in credit screening to discrimination in court, eviction, the right to decent and secure housing, and justice in housing are a matter of special importance to women, especially Black women, and their children, as well as people with disabilities.

 

(By Dan Moshenberg)

(Image Credit: Silver State Fair Housing Coalition) (Photo Credit: WNYC / Michael Dwyer / AP)

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In the Philippines, prisons are at 332% capacity. Releasing a few people will do little to nothing

January 11, 2023 by 1 Comment

In the Philippines, detained people, incarcerated people, are referred to as PDLs, persons deprived of liberty. At Monday’s Cabinet meeting, the first of the year, Philippines President Ferdinand “Bongbong” Marcos Jr. directed the Department of Justice to release those PDLs who are already eligible for parole in order to relieve overcrowding in the prisons. If history is any guide, this gesture may reduce overcrowding, slightly, and even that is doubtful, but it will not relieve overcrowding. According to the Bureau of Corrections latest data, as of November 2022, the prison capacity is 12, 145, and the prison population at that time was 50,226, or 414% of capacity. The one women’s prison, the Correctional Institution for Women – Mandaluyong, CIW-Mandaluyong, has a capacity of 1,008. In November, according to the government, it housed 3,341 WPDLs, women persons deprived of liberty. That is, it was at 332% of capacity. Releasing a few persons here and a few there will not do anything, especially since the prisons take in more people than they release anyway.

In September, the Bureau of Corrections, BuCor, released 371 PDLs. 37 were WPDLs. Since then, every month the government has called for more releases. Meanwhile, every month the prison population has risen: 49,515 in September; 50,141 in October; 50,226 in November. How is this possible, if people are being released to decongest the prisons? In September, 788 PDLs died; 5,011 were released; and 6,625 were admitted. Similarly, in October, 857 PDLs died; 5,627 were released; 7,358 were admitted.

Where and who are the women? In November 2021, 874 WPDLS, almost half the female prison population. listed unemployed or jobless as their profession. Next `businesswomen’, 454; then vendors, 394; then housekeeper/housewife/caretaker, 376; then laundrywoman, 111. After that, the categories drop even more significantly. Who are the women? Overwhelmingly low-income women operating in the informal sectors.

When Marcos suggested the release of PDLs, he noted, “Wala naman silang magaling na abugado (They don’t have good lawyers). So that’s why we are in favor now to release many of them. They just needed representation to set them free.” They just need representation to set them free. Why are the prisons so fatally overcrowded in the Philippines? They don’t have good lawyers. They just need representation to set them free. The deprivation of liberty begins and ends right there. Don’t build more prisons, which is what is being planned. Don’t release 300 here, 300 there, when you know they will be replaced by 400 one month, 500 the next. And as pretty much everywhere else in the world, the prison sentence doesn’t end when people are released, and this is especially true for women who have been deprived of liberty. Women face particular stigma post-incarceration. As human rights attorney Catherine Alvarez explained, “There is a perspective in society that a woman is not fit to become a mother because she committed a crime.” Rather than relieving congestion, try preserving and sustaining liberty.

(By Dan Moshenberg)

(Photo Credit: Jire Carreon / Rappler) (Image Credit: Pacita Abad, “Caught at the Border” / PacitaAbad)

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Over the past three years, Scotland’s prisons saw record deaths. Where are the women?

January 8, 2023 by Leave a Comment


In November, a study appeared, “Still nothing to see here? One year update on prison deaths and FAI outcomes in Scotland”. As the title suggests, a year earlier, the same research team produced, “Nothing to see here? Statistical briefing on 15 years of FAIs into deaths in custody”. FAIs are Fatal Accident Inquiries, which, since 2016, are required for all deaths in custody. In 2015, the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 was passed and signed into law in 2016. Its intent was to regularize and speed up the holding of inquiries on the job as well as in custody. At the same time, the hope was such a regularized system might also shed some insight into the pattern of deaths, both at work and in custody. In 2019, it was noted, “The passing of the Act has made absolutely no difference.” The recent reports suggest that assessment was either premature or too kind. Since 2016, the situation has worsened, considerably. In that deteriorating climate, where are the women?

“Still nothing to see here?” begins” “There were more deaths in prison over the past three years than in any other three-year period in Scottish prison records: 121 people died in prison between January 2020 and September 2022 compared to 98 deaths between 2017-19, and 76 deaths between 2014-16. Covid was not the main cause of the increase in the current period. Suicide and drug-related deaths are the driving forces in rising levels of death. Together, they were the leading cause of death in prison in 2022. Comparison with earlier periods shows that the chance of dying in prison in 2022 is double that for someone who was in prison in 2008. Rough comparisons with England and Wales show Scotland’s prisons had higher rates of deaths due to Covid, suicide and drugs.” As to FAIs, the situation has remained abysmal. The inquiries tend to take over two years to complete and almost never provide insight into means of prevention.

While Covid impacted the prisons, the main cause of death, again, was suicide and drugs. “Suicide is the leading cause of death of women in prison.”

The report notes that too often “very unwell people, who did not clearly present a threat to public safety” are detained. Often, they die: “These cases raise further issues of care and dignity in custody.” Here is one such case: “Police were called by members of the public reporting a woman wandering, confused and cold in pyjamas and a coat on a cold autumn evening. They had given her a cup of tea when police arrived, who on checking her record and noting outstanding warrants (for theft), arrested her. She was moved through three different police offices over several hours that night, and at each of these a flag on her record of medical issues requiring her to be seen by a health care professional whenever in custody was missed. The next morning she was taken to court where she spent seven hours waiting in a holding cell. By the time of her court appearance late in the day she could not stand or walk unaided and was placed in a wheelchair where she sat ‘slumped’ as the Sheriff denied her bail. After her bail hearing she was returned to the court holding cell, her health deteriorating for another two hours. At this point paramedics were called and arrived, and she was taken to hospital, where her health continued to deteriorate and she died six days later, never leaving hospital. No corrective findings made.”

The people who found this woman gave her tea. The police put her behind bars. No corrective findings made. According to the earlier report, between 2005 and 2019, “not a single FAI in the case of a woman dying in prison made a finding identifying any precautions, defects or recommendations.” What else is there to say?

In December 2016, the prisons established a suicide prevention strategy called “Talk to Me”: “following the introduction of the Talk to Me strategy there have been 42% more suicides than before it came into effect”. What else is there to say? Again, in Scotland, suicide is the leading cause of death of women in prison. Has been, continues to be.

In 2021, research, funded by the Scottish government, found that 78% of incarcerated women in Scotland suffered from significant head injury, most of which was caused by sustained domestic abuse. How did the government respond to this? Silence. More incarceration, more suicide. What then is the value of a woman’s life? Of women’s lives? Their deaths in custody, where inquiry is mandated, result in nothing, less than nothing, in terms of learning, insight, concern, care, and, if anything, an assault on their dignity and that of their loved ones. How many more reports, studies, commissions are needed? Stop sending women to prison. Don’t close one only to open another. Close them all and rediscover justice.

(By Dan Moshenberg)

(Image Credit: Louise Bourgeois, Cell XIV (Portrait) / National Galleries of Scotland)

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