North America & Oceania

Native American Heritage Month: Celebration of Culture and Recognition of Struggles

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – November is Native American Heritage month; a time to reflect on the history, hardships, and culture of Native Americans in the United States.  Even today, there is ignorance throughout the United States reflected in stereotypes and norms.  In addition, there are still disparities in everything ranging from schooling and foster care, to dental needs.

November is Native American Heritage month, prompting events and awareness campaigns throughout the country. (Image Courtesy of Department of Defense Education Activity)

November is a month to remember the culture and heritage of Native Americans from the past and present.  George H.W. Bush first recognized Native American Heritage month in 1990 and it has been in place ever since.  More than ever, we need a time to remember and reflect on the struggles and triumphs of the Native Americans in the United States.

Just a few days ago, Kris Jenner, the celebrity mother and agent of Kim Kardashian, made a very offensive statement on national television.  As reported by the Huffington Post, Jenner was commenting on whether her recently divorced daughter was going to keep the $2 million engagement ring: “I hate an Indian giver.  It’s a gift… keep your gift,” she said on Good Morning America.

The National Congress of American Indians is furious over the comments, saying that they were “wrong and hurtful,” according to the Huffington Post.  “Once again American Indians and Alaska Natives have been misrepresented by a single misinformed statement.”  The Congress went on to invite Jenner and her family to learn more about Native Americans during this month.

Beyond stereotypes and hurtful words, there are still real issues when it comes to lifestyle in general, and basic necessities.  For example, MedPage Today recently reported that Native Americans’ dental needs are not being met.  Among 135 Native American adults from the Oglala Lakota Tribe examined for the study, 97% had one or more decayed teeth, along with 84% of 157 children.  Additionally, missing teeth and periodontal disease were prevalent. 

The study suggested that this disparity is due to behavioral and structural factors alike.  Much of the Oglala Lakota Tribe’s diet has been replaced with high-sugar foods and very few fruits and vegetables.  Additionally, tobacco use (both cigarettes and smokeless tobacco) is prevalent, according to MedPage Today.  Lack of federal money and a limited access to dental clinics may also be at blame.

Another struggle that Native Americans contend with is poor foster care for children.  National Public Radio (“NPR”) reports that on average, 700 Native American children are removed from their South Dakota homes, sometimes in violation of federal law.  NPR reports that sometimes the children’s removal is necessary, to keep them safe from alcoholism and abuse, but many times the circumstances under which they are removed are questionable at best. 

Although progress has been made from a time where all children were removed around age 5 and placed in boarding schools, it is still a disturbing figure.  Native American children have historically been forcibly assimilated into white culture.  NPR emphasized that this removal is not specific to South Dakota, but it is happening throughout the different tribes all across the United States.  There is a serious lack of resources for Native Americans in many aspects of life, and foster care is not immune from that.

Yet another disturbing trend is the high rates of prostitution in the Native American community and the high rates of abuse against women.  The Daily Beast prepared a story on a study conducted by non-profit organization, Minnesota Indian Women’s Sexual Assault Coalition.  The study finds that, after speaking with more than 100 Native American women who currently prostitute themselves, 92% of the women had been raped, 84% were physically assaulted, and 72% suffered traumatic brain injuries in prostitution.

Further, 98% of the women were either currently homeless or had previously been homeless at some point.  Seventy-nine percent of the women said they had been sexually abused as children.  These women admit they would like to get out of prostitution but there are just no resources to help them.  The women also face racist a degrading comments from the men seeking their services.  One woman told The Daily Beast, “A john said to me, ‘I thought we killed all of you.’”

Native women are facing these terrible issues and have nowhere to turn for help.  This disturbing trend seems to go unnoticed throughout the country.

So while we use this month to celebrate and learn about the culture and heritage of the Native American people, we should also reflect on some of the issues they still face today.  Native Americans are among some of the most prestigious veterans, after serving in both the Civil War and World War I.  This is particularly impressive because Native Americans were not granted U.S. citizenship until 1924, according to The Press Enterprise.

Many organizations are hosting events to promote Native American culture and raise awareness.  Native Americans still face many problems today, and more people need to be aware of them.

For more information, please visit:

MedPage Today — Dental Needs Unment in Native Americans — 4 Nov. 2011

The Huffington Post — Kris Jenner Slammed by Native American Group for ‘Indian Giver’ Comment — 4 Nov. 2011

The Press Enterprise — Native Americans Have Rich Hisotry of Military Service — 3 Nov. 2011

National Public Radio (NPR) – Improving Foster Care for Native American Kids — 31 Oct. 2011

The Daily Beast — Native American Women Expose Brutal Life of Prostitution — 27 Oct. 2011

A New Civil Rights Era in Alabama? Undocumented Immigrants Intimidated Out of the State

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – The strictest immigration laws in the country are found in the deep southern state of Alabama.  Although some may assume the strictest laws would be in place in border-sharing states such as Texas or Arizona, Alabama instead holds the title.  With a Supreme Court hearing pending, many compare the effects of these new laws to that of the Civil Rights Era of the 1950s and 1960s.

The new Alabama immigration debates bring up a long history of civil rights abuses in the state. (Image Courtesy of Fox News Latino/AP)

Probably the most controversial law is that requiring schools to check all students’ immigration status.  While the courts have temporarily blocked this provision, reports Fox News, the Supreme Court must ultimately decide whether education of kindergarten to high school students is fundamental, even for undocumented immigrants.

It should be noted that this law does not in any way bar students from receiving an education.  According to The New York Times, the law simply directs schools to obtain immigration status of incoming students through a birth certificate, other official documents, or an affidavit by the child’s parents.  The information makes its way to the State Board of Education to create an annual report.  No person or entity passes the date on to law enforcement at any time.

Fox News further reports, that although no conclusive numbers have been established, as many as 10% of school age children have withdrawn in the last month, since the law first came into effect.  The New York Times says that absences in Shelby County ranged as high as 15% of the total Hispanic student population, and that 1,000 absences can easily be expected per day.

The state argues that the law really has nothing to do with race, but rather the need for jobs.  Fox News reports that the provisions are simply a result of frustration with the federal government’s inaction and were made in an effort to open up jobs for the 10% of legal state residents who are currently out of work.

State Senator Scott Beason said that he is fine with the fact that the laws have driven immigrants out of the state of Alabama, but not necessarily out of the country.  Sen. Beason said about the bill, “It was not designed to go out and arrest tremendous numbers of people.  Most folks in the state illegally will self-deport and move to states that are supportive of large numbers of illegals coming to their state,” reports The Huffington Post.

Similar arguments are coming from Arizona.  Arizona State Representative John Kavanagh is quoted as saying “Our intention is to make Arizona a very uncomfortable place for them to be so they leave or never come here in the first place…So rather than massive deportations, we are basically going to encourage them to leave on their own,” reported The Huffington Post.

There are indeed many supporters of the bills, saying that widespread enactments of these kind of laws will force immigrants elsewhere, and largely eliminate the United States’ problems of illegal immigration.

The realty of the situation is, now that immigrants have started to leave the state of Alabama, few Americans are actually taking their place.  ABC News reports that Americans simply do not want these backbreaking, low-paying jobs.  Many either show up late, take time off, or quit after the first day.  Still others have failed to find any replacements at all, citing the fact that legal citizens simply do not want these kind of construction or farming jobs, reports Fox News

ABC News reports that there are crops that have not been harvested after the law went into effect.  Without the undocumented immigrants’ labor, blueberries and grapes have been left on the vine to spoil, and the agriculture industry has suffered.

What is more, the law is taking a toll on the children.  For the few who have remained despite the law, bullying has become routine.  The Associated Press reports that some students bully the undocumented children, telling them to go back to Mexico, when in fact they never lived there at all.  Many of the children were born here in the United States, although their parents were not.

In any event, The New York Times reports, the law has certainly created a “chilling effect” on parents sending their children to schools.  The Supreme Court has the opportunity to make a decision on the constitutionality of the law this year.  There are adamant proponents on each side, and it will be interesting to see which way the Court comes out.

For more information, please visit:

Fox News Latino — Alabama Immigration Battle Mirrors Civil Rights Era — 29 Oct. 2011

Politico (AP) — Alabama Immigration  Battle Recalls Civil Rights Past — 29 Oct. 2011

The Huffington Post — Alabama Lawmaker: Undocumented Immigrants Don’t Have to Go Home, But They Can’t Stay There — 27 Oct. 2011

The New York Times — Alabama Immigration Law’s Critics Question Target — 27 Oct. 2011

ABC News — Few Americans Take Immigrants’ Jobs in Alabama — 21 Oct. 2011

Police in Dominican Republic Account for 10% of All Fatal Shootings

By Brittney Hodnik
Impunity Watch Reporter, North America

SANTO DOMINGO, Dominican RepublicAmnesty International reports that the police in the Dominican Republic account for an astonishing 10% of all killings in the country.  Crime rates have soared in the past few years, which many attribute to organized crime; following in Mexico’s footsteps.  There have been reports of unlawful killings, abuses while in police custody, and even reports of enforced disappearance.

The police in the Dominican Republic have accounted for 10% of all the killings this year. (Image Courtesy of BBC News)

Statistics from the Office of the Prosecutor General show that between January and July of 2011, the police killed 154 people, according to Amnesty International.  This number is up from 125 people during the same period last year.  This means that the police committed 10% of all homicides in the Dominican Republic.

The police contend that these killings were always during “exchanges of gunfire” with criminal suspects, according to Amnesty International, but the report finds that many of these situations involved deliberate shots to kill.

Colonel Maximo Aybar is the National Police spokesperson in the Dominican Republic.  He reinforces that the police are indeed committed to protecting the public.  Aybar told CNN, “We are more than aware that we are here to defend members of society, not to assault them. . . . In those cases where excesses may have been committed, investigations have occurred and measures have been taken . . . .”

The police further point out that they too have been the victims of these violent exchanges.  CNN reports that 97 officers have been killed this year, and 176 have been injured.  The police are using gunfire as a deterrent to prevent young people from engaging in this type of organized crime that is running rampant throughout the country.

Beyond the killings on the street, Amnesty International reports that while in police custody, suspects have been threatened with death, denied food and water, beaten, had plastic bags put over their heads, or were hung on nails by their handcuffs.  Further, at least two people last seen in police custody have gone missing, and many fear the worst.  The Washington Post reports that these instances are investigated, but not very thoroughly.

The police may be using the killings to deter young locals from engaging in future violence.  Javier Zuniga, head of Amnesty International’s delegation to the Dominican Republic said, “We believe their conduct is actually exacerbating the violence and creating a climate in which human rights are completely ignored,” reported BBC News.

Hopefully, the police force will not become a totally corrupt agency, fighting against the people.  Although the Dominican government recognizes the fact that there are high levels of corruption already, it actively seeks to dismiss those involved.

For more information, please visit:

Amnesty International — Dominican Republic Urged to Tackle Alarming Levels of Police Abuse — 25 Oct. 2011

BBC News — Amnesty Accuses Dominican Republic Police — 25 Oct. 2011

CNN — Amnesty: Killings by Dominican Police ‘Alarming’ — 25 Oct. 2011

The Washington Post — Amnesty International Accuses Dominican Republic Police  of Killings, Torture — 25 Oct. 2011

Is the FBI Using Racial Profiling to Target Certain Communities? The ACLU Thinks So.

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – The American Civil Liberties Union (“ACLU”) has accused the FBI of using racial profiling techniques in their investigations.  The ACLU says that because the government expanded the FBI’s power since terrorist attacks of September 11, 2011, the FBI has taken advantage of its newfound power.  The FBI denies that it uses racial profiling and joins the ACLU in condemning the action.

The ACLU believes the FBI's racial profiling techniques are unconstitutional and impinge on civil liberties. (Image Courtesy of Reuters)

The ACLU has reached this conclusion after reviewing documents it requested under the Freedom of Information Act.  According to Reuters, the FBI is associating certain crimes with certain races and ethnicities then using 2010 Census data to profile entire communities.  Not only is this illegal but it poses a threat to civil liberties across the United States.

Some of the demographics affected are Arab Americans and Hispanics in Michigan, blacks in Georgia, and Chinese and Russian-American groups in California, according to the Associated Press.  The documents were heavily redacted, resulting in large gaps of information.

One of the memos obtained however, was posted on the ACLU website.  The memo came from Detroit’s field office saying, “Because Michigan has a large Middle-Eastern and Muslim population, it is prime territory for attempted radicalization and recruitment by these terrorist groups,” reported the Associated Press.  The FBI defended their position by saying “Often, though, certain terrorist and criminal groups are comprised of persons primarily from a particular ethnic or geographic community, which must be taken into account when trying to determine if there are threats to the United States.

A major expansion to the FBI’s guidelines has contributed to the problem.  In 2008, the guidelines changed to allow the FBI to do new investigations called ‘assessments,’ which require no factual basis, according to Salon.com.

Hina Shamsi is the director of the ACLU’s National Security Project.  He told reporters that the memos received under the Freedom of Information Act have “confirm[ed] some of our worst fears” about FBI surveillance, reported The Washington Post.  “The FBI has targeted American communities for investigation based not on suspicion of wrongdoing but on the crudest stereotypes.”

The FBI continues to defend its position, reminding people that these mapping techniques are used widely in law enforcement and are essential to protecting the nation from further terrorist attacks, reports The Washington Post.  “To fulfill its national security mission the FBI cannot simply wait for people to report threats,” the FBI told The Associated Press.

The ACLU vows to continue its investigation and exposure of the FBI and its profiling tactics, suggesting that the FBI has stepped out of bounds and surpassed its power.

For more information, please visit:

Salon.com — Racial Profiling on an “Industrial Scale” — 22 Oct. 2011

The Associated Press — ACLU in NY Accuses FBI of Racial Profiling — 21 Oct. 2011

Reuters — U.S. Rights Watchdog Accuses FBI of Racial Profiling — 20 Oct. 2011

The Washington Post — ACLU Says FBI Uses Racial Profiling Against Muslims, Other Minorities — 20 Oct. 2011

U.S. Waives Ban on Aid to Countries with Child Soldiers

By Ryan T. Elliott
Impunity Watch Reporter, North America/Oceania

WASHINGTON, D.C., United States–For the second consecutive year, President Obama has waived a ban on military aid for countries that use children soldiers.  Under the U.S. Child Soldiers Prevention Act of 2008, which took effect in 2010, there is a federal ban on providing U.S. foreign military financing, military training, and other military aid to countries that recruit and enlist soldiers under the age of eighteen.

U.S. waives aid ban for countries using child soldiers.  (Photo Courtesy of ABC News)
U.S. waives aid ban for countries using child soldiers. (Photo Courtesy of ABC News)

The president holds the power, however, to waive this ban, but only if he or she determines that doing so would serve the best interests of the country.  That is precisely what President Obama did last Tuesday for the second straight year in a row.  According to a memorandum released by the White House on Tuesday, the countries that will continue to receive military assistance despite the fact that they continue to use of child soldiers in their armed forces, include: Chad, the Democratic Republic of Congo, Yemen and South Sudan.

“The law [restricting U.S. taxpayer funds to go to militaries that recruit and use child soldiers] could be very effective if it was applied the way Congress intended, but instead the administration has chosen to disregard the law and exert poor leadership on this issue,” Jo Becker, the director of Human Rights Watch’s Children Rights Division, told ABC News.  “Last year, the administration said they were putting governments on notice and giving them time to address the problem, but this year governments have shown no progress and are still getting assistance [with] no strings attached.”

Last year there were five countries that were identified for their use of child soldiers, and they included: Chad, the Democratic Republic of Congo, Yemen, Somalia, and Myanmar. This year, only Somalia and Burma were not given waivers, presumably because the U.S. military does not have strong military ties with these countries. President Obama’s waiver will allow tens of millions of dollars of U.S. tax dollars to to go to Yemen, the Democratic Republic of Congo, Chad and South Sudan, all of which continue to recruit, enlist and use children soldiers

The administration justified the waivers either in terms of the relevant countries progress with respect to reducing child soldiers or, in the case of Yemen, the country’s importance to anti-terrorism efforts.

South Sudan is expected to receive one hundred million dollars this coming year for military aid.  The administration took the position that the law banning military aid to countries with child soldiers should not apply to South Sudan because it did not exist as an independent country until after the publication of the 2011 Trafficking in Persons (TIP) report.

 Meanwhile, the administration noted the progress in Chad and the Democratic Republic of Congo in addressing child soldiers. In Chad, the government had issued a plan to prevent child recruitment and discharge child soldiers who are currently enlisted.  It has been said that Chad has already taken some steps towards this programs implementation.   The administration said that the Democratic Republic of Congo has also taken some very important steps to reduce child soldiers in the military.

Finally, Yemen has received the most criticism from human right advocates because it continues to receive U.S. military aid despite the fact that it has done very little to reduce the amount of children in its armed forces.  In fact, it is well documented that in Yemen, children who are 15 years old and younger have been recruited to fight in the government’s conflicts.  Yet Yemen continues to receive millions of dollars in U.S. military and counter-terrorism assistance.

 The administration justified this aid by stating that “[c]ooperation with the Yemeni government is a vital piece of the U.S. national strategy to disrupt, dismantle, and defeat al-Qa’ida and its affiliates and adherents by denying them sanctuary in the ungoverned spaces of Yemen’s hinterland.”   Accordingly, for the 2012 fiscal year the State Department has requested thirty five million dollars in foreign military financing for the Yemeni government.  This represents only a portion of the total aid the Yemeni government is expected to receive, which has exceeded one hundred million dollars in past years.

While the administration has fallen back on the position that they cannot simply withdraw all of this military support, Jo Becker, the director of Human Rights Watch’s Children Rights Division, told ABC News that this does not have to be an “all or nothing “ approach and that “thirty five thousand dollars is a lot of money.”  Becker suggested that the administration could simply withhold a portion of the funds until the country in question takes the necessary steps in order to remove children from its forces.

“The Obama administration has been unwilling to make even small cuts to military assistance to governments exploiting children as soldiers,” Jo Becker told ABC News, and “children are paying the price for its poor leadership.”

For more information, please see: 

Albany Times Union – Should America Aid Nations With Child Soldiers? – 7 October 2011

AllGov – Obama Administration Urged to Stop Funding Child Soldiers – 6 October 2011

Black Entertainment Television – Obama Administration Waives Child Soldier Law – 6 October 2011

ABC News – Obama Waives Child Soldier Ban in Yemen and Congo – 5 October 2o11

Democracy Now – Obama Waives Curbs on Aid to Countries Using Child Soldiers 5 October 2011

Foreign Policy – Congress Strikes Back Against Obama’s Child Soldiers’ Waivers – 5 October 2011

Inter Press Service – Obama Waives Aid Curbs on Militaries Using Child Soldiers -5 October 2011