March 2010 The U.S. Human Rights Fund PERFECTING OUR UNION Human Rights Success Stories from Across the United States March 2010 The U.S. Human Rights Fund PERFECTING OUR UNION

Human Rights Success Stories from Across the United States Contents

Acknowledgements ...... 1

Foreword ...... 2

Introduction ...... 5

Part I: Changing Policies and Improving Lives ...... 17 Chapter 1: The Campaign for Fair Food: The Coalition of Immokalee Workers ...... 18 and the Alliance for Fair Food Chapter 2: School Discipline Reform: Community Asset Development Re-defining ...... 26 Education (CADRE) and the Dignity in Schools Campaign Chapter 3: The Human Right to a Living Wage: The United Workers Association’s ...... 33 Camden Yards Campaign Chapter 4: Racial Profiling at the Border: The Border Network for Human Rights ...... 39 and the American Civil Liberties Union Chapter 5: The Prison Rape Elimination Act: Just Detention International, ...... 46 Amnesty International and Human Rights Watch

Part II: Vindicating Victims ...... 53 Chapter 1: The Burge Police Torture Cases: The People’s Law Center and the ...... 54 Midwest Coalition for Human Rights Chapter 2: Domestic Violence: Jessica Gonzales, the American Civil Liberties ...... 62 Union and the Human Rights Institute at Columbia University

Part III: Building Alliances through Human Rights ...... 69 Chapter 1: Winning Together: The United Congress of Community ...... 70 and Religious Organizations Chapter 2: The U.S. Record on Race: The US Human Rights Network ...... 77

Part IV: Government Accountability to Human Rights ...... 85 Chapter 1: Human Rights Accountability in Federal Government ...... 87 Chapter 2: Local Implementation of Human Rights Standards ...... 92 Chapter 3: Human Rights in U.S. Courts ...... 101

Resources ...... 108

Photo Credits ...... 110 Acknowledgements

This volume of case studies would not have been possible without the hard work and dedication of many people. The Ford Foundation generously funded the research, writing and printing of this report. The financial contributions of donors to the U.S. Human Rights Fund (USHRF) have supported many of the successes profiled as well as other important work that could not be included. In particular, the USHRF and its grantees are grateful for the financial support provided by the Atlantic Philanthropies, the Butler Family Fund, the Ford Foundation, the Libra Foundation, the Mertz Gilmore Foundation, the Open Society Institute, the Overbrook Foun - dation, the Shaler Adams Fund, the Starry Night Fund of the Tides Founda - tion, and an anonymous donor.

Tanya Coke, an independent consultant, is the Baraka, Amy Barasch, Ann Beeson, Lucas principal author of this report. Through tireless Benitez, Caroline Bettinger-Lopez, Chandra research and analysis, she captured the stories of Bhatnagar, Betsy Brill, Roslyn Broadnax, Heber human rights advocates across the country. Brown, III, Todd Cherkis, Maisie Chin, Meghan Tanya’s eloquence is matched only by her fierce Cohorst, Larry Cox, Lisa Crooms, Jamil commitment to social justice. Puja Dhawan, Dakwar, the Rev. Noelle Damico, Connie de la a former staff member and ongoing friend to Vega, Ejim Dike, Bernardine Dohrn, Heidi the USHRF, contributed the compelling chapters Dorow, Veronica Dorsey, Jamie Fellner, Nancy on the United Workers Association and the Franklin, Fernando Garcia, Hadar Harris, Jessica Gonzales litigation on domestic violence. Anthony Holmes, Kevin Hsu, Jaribu Hill, Cathy Albisa, Sue Simon, Cynthia Soohoo, Alan Jenkins, Luis Laren, Deborah Labelle, Dorothy Q. Thomas and Monette Zard patiently reviewed multiple drafts and provided crucial Jessica Lenahan (formerly Gonzales), Deborah input throughout. Jay Beckner of the Mertz Liebowitz, Risa Kaufman, Gay McDougall, Gilmore Fund closely reviewed the case studies Emilee McGowan, Rob McGowan, Joey Mogul, on the Coalition of Immokalee Workers, Josina Morita, Rami Nashashibi, Ken Neubeck, CADRE, the United Workers Association and Patrick Nolan, Ramona Ortega, Julia Perkins, the Prison Rape Elimination Act. Risa Kaufman Catherine Powell, Gerardo Reyes, J. Peter provided helpful comments on the chapter on Sabonis, Roslyn Solomon, Cynthia Soohoo, government accountability. Brenda Smith, Alderman Ed Smith, Lovisa Stannow, Eric Tars, Liz Theoharis, Dorothy Q. However, this publication owes its greatest debt to the many human rights advocates and sur - Thomas, Robin Toma, Hilda Vega, the Rev. vivors of human rights violations whose brave Patricia Watkins, Steven Watt, Raquel Wells, and brilliant work inspired it. The case studies in Max Williams, and Stan Willis. this volume are largely based on telephone and This report was carefully edited by Jeff Hoover in-person interviews, conducted between April and designed by Michael Winikoff of Andiron and October of 2009 with the following people: Studio. Angela Kahres of the U.S. Human Amna Akbar, Kali Akuno, Cathy Albisa, Sarah Rights Fund provided invaluable assistance to Albert, Emma Aleman, Sandra Babcock, Ajamu the layout and production process.

Human Rights Success Stories from Across the United States 1 Foreword

The Ford Foundation has long supported human rights work in countries abroad. It was only a decade or so ago, however, that it also began to support U.S. social justice grantees that were interested in using universal human rights standards and methods in their work at home. These standards are widely known and used by advocates and governments around the world, but had been largely unexplored in the American context. In 2003, Ford profiled the work of some of these domestic rights pioneers in a volume called Close to Home: Case Studies of Human Rights Work in the United States.

As noted in that publication, their work has not In addition to grassroots groups, the domestic been easy. Hampered by lack of funding and human rights “field” now includes some of the dogged by criticism that international human most respected legal and policy advocacy organi - rights had little to offer a country as advanced as zations in the United States, many of which— the United States, some of the organizations fea - such as the American Civil Liberties Union tured in that 2003 report were not able to sustain (ACLU), the Center for Reproductive Rights and themselves and have gone out of business entirely. the Leadership Conference for Civil Rights—are now actively using international human rights to But a substantial number of U.S. activists have advance rights at home. Lawyers and policy succeeded—strategically, if not financially—in advocates are increasingly employing internation - this work. They offer a model for how human al tribunals and citing laws of other countries to rights values, standards and strategies can call attention to policies in the United States— strengthen organizing and improve outcomes for such as the use of capital punishment, the sen - disadvantaged people. This volume recounts tencing of youth as adults, or the shackling of some of these victories. prisons inmates to hospital beds while giving birth—which are out of step with human rights Much has changed since the publication of Close standards as well as global norms. Local govern - to Home. The domestic human rights movement ment officials are beginning to embed human is stronger and broader than before, for one: a rights standards and principles of accountability, national network of human rights advocates, the transparency and participation into municipal US Human Rights Network, has since been estab - services and policy. lished. It currently has some 275 organizational members, including numerous grassroots activist The momentum behind this work coincides organizations from poor communities. Such with a newly favorable political climate in the United States for multilateral cooperation and organizations are using human rights of dignity human rights accountability, a welcome turn and participation to challenge public schools that from a period that saw US prestige suffer from are more likely to arrest than graduate their chil - ongoing criticism regarding its own human rights dren, and to overcome criminal justice and hous - compliance. Recent developments include the ing policies that treat them as disposable. United States rejoining the UN Human Rights Immigrant and African-American community Council, and signing the new UN Convention on leaders are also beginning to employ the broad the Rights of Persons with Disabilities; each deci - frame of human rights to find common ground sion suggesting a renewed focus on issues of among mutually wary constituents. human rights.

2 Perfecting Our Union “I have the audacity to believe that peoples everywhere can have three meals a day for their bodies, education and culture for their minds, and dignity, equality and freedom for their spirits.”

Dr. Martin Luther King, Jr.

For the United States to truly assume the mantle whether racial justice, women’s rights, criminal of human rights leadership, however, it will have justice, education reform, health or workers’ to practice more thoroughly at home what it rights advocacy. preaches abroad. Firmer, swifter action is needed Five years later, the U.S. Human Rights Fund has on national security reform; on access to afford - leveraged more than $16 million to a wide variety able housing; on enshrining and upholding family of training, networking, advocacy and communi - rights for gay, lesbian and transgendered people; cations projects. The collaborative includes a and on ending the overuse of immigrant deten - number of smaller and medium-sized donors, tion and incarceration generally. President such as the Libra and the Overbrook Obama could do no better than to seek inspira - Foundations, as well as large ones including the tion from the words of another Nobel Laureate, Atlantic Philanthropies and the Open Society Dr. Martin Luther King, who in accepting his Institute. The Fund has to date provided over 120 Peace Prize 45 years ago, said, “I have the audac - grants (averaging $52,000 annually) to 73 proj - ity to believe that peoples everywhere can have ects. It has supported technical assistance for three meals a day for their bodies, education and grassroots advocates new to human rights; culture for their minds, and dignity, equality and polling and message development on human freedom for their spirits.” rights for domestic audiences; human rights Another welcome development is the emergence analyses of health care reform proposals; policy of new donors that are interested in human rights and legal advocacy to end life-without-parole as a vision and strategy for change in the United sentences for juveniles; and international gather - States. In 2005, Dorothy Q. Thomas, a leading ings that enable activists to share strategies across domestic human rights activist and philanthropic states and global borders. advisor to the Shaler Adams Fund, and Larry In 2008, the U.S. Human Rights Fund commis - Cox, my predecessor in the Human Rights Unit sioned a transition memo by the American at the Ford Foundation and now head of Constitution Society that has now evolved into a Amnesty International USA, helped to found a national campaign for a new interagency human donor collaborative called the U.S. Human rights task force and a civil and human rights Rights Fund. The dream was a fund that would commission, which would operate at the highest support the crucial but unglamorous work of levels of government. building a base of domestic activists, well-versed in human rights standards and strategies and able Unfortunately, the need for support for domestic to apply them in a range of social justice fields— human rights work continues to dwarf available

Human Rights Success Stories from Across the United States 3 resources. When fundraising, many U.S. Human ciples to scholarly, legal, policy, organizing and Rights Fund grantees still face puzzled responses communications work—across a variety of from donors who think of human rights work as domestic issues. occurring—and needing to occur—exclusively This publication illustrates why we are funding overseas. For donors new to human rights, the this work, and what it means on the ground for Fund provides a useful venue to learn about activists, for donors, for government officials— human rights in a domestic context. It organizes and most of all, for people suffering violations of site visits to emerging and established actors in their fundamental human rights. the U.S. human rights field, and hosts regular donor briefings on specific issues and methodolo - gies. Together, we are learning about a range of Monette Zard applications of human rights standards and prin - Human Rights Program Officer The Ford Foundation

4 Perfecting Our Union Introduction

“The United States was founded on the idea that all people are endowed with inalienable rights, and that principle has allowed us to work to perfect our union at home while standing as a beacon of hope to the world. Today, that principle is embodied in agreements Americans helped forge— the Universal Declaration of Human Rights, the Geneva Conventions and treaties against torture and genocide—and it unites us with people from every country and culture. When the United States stands up for human rights, by example at home and by effort abroad, we align ourselves with men and women around the world who struggle for the right to speak their minds, to choose their leaders, and to be treated with dignity and respect.” Barack Obama

President-elect Barack Obama issued this state - how human rights values, standards and strate - ment on December 10, 2008, six weeks before he gies have successfully been used in the United took office, to commemorate the 60th anniver - States to advance policy and practice, and from sary of the Universal Declaration of Human human rights activists themselves for lessons Rights. Like Obama’s improbable election itself, being learned by others in the field. these words speak to the past, as well as the For decades, the United States has shielded itself potential, of a United States struggling to fully from accountability to international standards realize equality and human rights for all of its on issues from global warming to discrimination people. The statement suggests that human rights on the basis of race. As a result, many activists principles are powerful because they speak to and funders who wholeheartedly share a human Americans’ values as free people and shine a rights vision of greater equality and opportunity light on places where greater effort is needed for all remain uncertain about how a human to “perfect our union at home.” rights approach would make a difference in This publication is intended for those who may practice. These case studies begin to provide have heard about a growing domestic movement an answer. for human rights, but nevertheless ask: What is None of the case studies argue that use of human the value of human rights in the United States? rights was the sole strategy behind successful And what do you mean by human rights, any - and effective change. As with any social way? These case studies arose from a call from improvement, a confluence of motivations, social justice funders for concrete examples of events, and thoughtful advocates produced

Human Rights Success Stories from Across the United States 5 Human rights standards seek to distill and codify the essence of what it means to be fully human.

change. Nevertheless, in each of these examples, inherent right to dignity and equality, and have human rights played a significant role in influenc - been approved by member states of the United ing the outcome, inspiring the actors, or pressur - Nations and subsequently written into law ing the decision-makers. through a system of international treaties. These standards seek to distill and codify the essence of what it means to be fully human. In doing so, What are human rights? they provide a universal benchmark against In the United States, the term “human rights” is which to measure the progress of all nations in often used interchangeably to reference several meeting basic human rights obligations toward distinct things: a felt belief in the inherent dignity their people. and equality of all people; a set of ethical values The founding document of the modern human and standards , codified in international law; a rights movement is the Universal Declaration of system of international courts and mechanisms Human Rights (UDHR), written in 1948 by a set up to enforce and monitor agreements under - team of international diplomats led by Eleanor pinning that law; and a set of specific advocacy Roosevelt. In the wake of a devastating world principles, strategies and methods . Collectively, war and the worst genocide in human history, the these values, legal standards, principles and UDHR boldly declared in its very first Article strategies make up what advocates call a “human that “all human beings are born free and equal in rights framework.” To “take a human rights dignity and rights.” approach” to domestic social justice means to incorporate some or all of these elements into The UDHR recites rights familiar to any one’s advocacy and organizing in order, in some American schoolchild—the right to be free of dis - fundamental way, to transform the work. crimination, and to free speech, religion, and due process, for example. But the Universal At their core, human rights as commonly under - Declaration also specifies less familiar rights, stood worldwide embody a belief that all people including a right to an adequate standard of liv - have a birthright to dignity and respect. Human ing, and to food, housing, health, and social sup - rights are universal, meaning they are guaranteed port for those unable to meet their basic needs. In to everyone regardless of how they look, where this respect the UDHR contrasts sharply with they were born, or their status in the community; current realities in the United States, where 45 they are yours simply because you are human. million people lack consistent and affordable Human rights are also inalienable, meaning that access to health care, and where homelessness they can neither be given nor taken away by gov - and poverty are widespread. ernment. As several of the case studies in this vol - ume illustrate, for many people living at society’s The Declaration has been followed over the margins, the recognition of their right to dignity decades by eight major international treaties, all and respect has been the single most powerful of which speak in more specific terms to a full revelation of human rights. range of civil, political, economic and social and cultural rights. The eight are listed below, along But human rights are more than a belief. They are with the year in which each was adopted by the also universal ethical standards that protect the UN General Assembly:

6 Perfecting Our Union The Universal Declaration of Human Rights

Preamble t the right to recognition everywhere as a per - son before the law (Article 6). Whereas recognition of the inherent dignity and of the equal and inalienable rights of all mem - t the right to a fair and public hearing by an bers of the human family is the foundation of independent and impartial tribunal of any freedom, justice and peace in the world, criminal charges (Article 10). Whereas disregard and contempt for human t the right to equal pay for equal work (Article rights have resulted in barbarous acts which 22(2)). have outraged the conscience of mankind, and t the advent of a world in which human beings the right to just and favorable pay that ensures shall enjoy freedom of speech and belief and for oneself and one’s family an existence wor - freedom from fear and want has been pro - thy of human dignity (Article 22(3)). claimed as the highest aspiration of the common t the right to form and to join trade unions people . . . . (Article 22(4)). Selected articles t the right to food, clothing, housing and med - The UDHR articulates some of the following ical care (Article 25(1)). rights which nations are to secure and promote t the right to a free and compulsory elementary for all people, without distinction: education, and the right to equally accessible t the right to be free from torture or cruel, inhu - higher education (Article 26(1)). man or degrading treatment or punishment (Article 5).

t the International Convention t the Convention on the Rights of Persons on Genocide (ICG)(1948); with Disabilities (CRPD)(2006). t the Convention on the Elimination Each treaty has a monitoring body or “commit - of All Forms of Racial Discrimination tee” within the United Nations that is charged (CERD)(1965); with periodically reviewing the compliance of t the International Covenant on countries which have signed and ratified them. Economic, Social and Cultural Rights Over the decades, regional human rights instru - (ICESCR)(1966); ments—including the African Charter of Human and Peoples’ Rights, the American Convention t the International Covenant on Civil on Human Rights, and the European Convention and Political Rights (ICCPR)(1966); on Human Rights—have been established to pro - t the Convention on the Elimination vide additional, region-specific guidance on of Discrimination against Women human rights. A system of international courts (CEDAW)(1979); and regional human rights monitoring bodies — t the Convention against Torture and with offices in cities including Geneva, Other Cruel, Inhuman and Degrading Switzerland; Brussels, Belgium; Banjul, the Treatment or Punishment (CAT)(1984); Gambia; Strasbourg, France; and Washington, t the Convention on the Rights D.C.—has been created to help monitor and of the Child (CRC)(1989); enforce these standards. t the Convention on the Rights As specified in the Constitution, the United States of Migrant Workers and their cannot formally join international treaties with - Families (CRMWF)(1990); and out congressional ratification. Although various

Human Rights Success Stories from Across the United States 7 Presidents since Jimmy Carter have signaled their struggle to realize their rights. Increasingly, support for a number of treaties by signing human rights work in the United States features them, to date Congress has ratified—and thus the participatory organizing , in which those most country has formally joined—only four: the affected lead the organizing for change and the International Convention on Genocide (ICG) in articulation of solutions, and participatory docu - 1987; the civil and political rights treaty (ICCPR) mentation and monitoring , in which survivors of in 1992; the racial discrimination treaty (CERD) human rights violations help to document what in 1994; and the torture convention (CAT) in happened to them and to monitor the implemen - 1994. Although the United States has not ratified tation of reforms. These strategies also inform the Convention on the Rights of the Child (CRC), efforts to exert pressure for change at the local or in 2002 it joined two optional protocols to the national level. CRC forbidding the recruitment of child soldiers Where local or national advocacy fails to deliver, and child trafficking and pornography. the global system of human rights offers advo - cates the option of seeking help at the regional How do human rights inform level, through bodies such as the Inter-American Commission on Human Rights, or the interna - social justice advocacy? tional level, via periodic reviews of treaty compli - In addition to international standards and treaty ance at the United Nations. Advocates may also law, the human rights “framework” also refers to bring allegations of abuse to the attention of a particular set of advocacy strategies employed trained United Nations human rights officials , to further social justice. A core principle of called “special rapporteurs,” who are sent to human rights practice is the idea that those most countries to investigate and report on specific directly affected should be at the center of the types of rights violations.

8 Perfecting Our Union As several of the case studies illustrate, these lence, for example, the civil right to security international options and measures are often of the person—e.g., to leave an abusive rela - quite effective in pressuring national or local gov - tionship—is meaningless if an abused part - ernment officials to respond. However, it is ner has no access to housing or financial important to keep in mind that human rights means of support (economic rights). A advocacy does not always involve these interna - woman’s ability to exercise her right to work tional mechanisms; nor does it depend on the often depends on access to education and the U.S. government having ratified human rights availability of child care (social rights). treaties. More commonly, domestic advocates t Participation. Several human rights treaties, use standards found in human rights treaties— such as the ICCPR and ICESCR, speak whether ratified or not—as a basis on which to specifically to the right of people to partici - assess where government is falling short, and to pate in decisions that affect them. For partic - develop national and state policies that would fill ipation to be meaningful, it must be gaps in U.S. policy and practice. underpinned by power sufficient to shape the dialogue and influence the outcome. Whatever the standard or strategy, the use of human rights implies a commitment to several cross-cutting principles , which U.S. advocates are Why the U.S. government resists applying with greater frequency to their own con - international human rights duct as well as to the government’s. Such princi - Even though the United States played a leading ples include the following: role in the birth of the human rights system, t Accountability. The human rights standards many American administrations have resisted require government to be transparent about applying universal standards to their own con - information and decisions that affect peo - duct. This resistance emerged and has persisted ple’s lives. People must know what those for several reasons, three of which are discussed decisions are and understand how they were below in greater detail: U.S. exceptionalism, made. racism, and fear of socialism. The standards also require that governments establish mechanisms for oversight and mon - U.S. exceptionalism itoring of public institutions. Regional and For most of the 20th century, the United States’ international monitoring bodies are exam - status as a world superpower, with democratic ples of accountability mechanisms unique to traditions and a Constitution that enshrined the human rights system, as are national individual liberties, allowed U.S. officials to human rights commissions. assert that the country was a paragon of human t Non-discrimination. Human rights must be rights virtue—an exceptional case, so to speak. guaranteed without discrimination of any As University of Chicago legal scholar Eric kind. This includes both intentional discrim - Posner puts it tartly, “The view going back 200 ination as well as policies that have may have years is that we’ve figured it out and people an unintended discriminatory effect. should follow our lead.” 1 t Indivisibility and interdependence. The The United States is not alone in avoiding inter - human rights framework treats civil and national scrutiny of its human rights record; political rights as equal and indivisible with many other countries do the same. Still, most economic, social and cultural rights. It does objective observers would agree that few nations so because rights are frequently interdepend - have exceeded the United States in stressing ent. To take the example of domestic vio - the importance of human rights standards abroad

Human Rights Success Stories from Across the United States 9 while displaying relative indifference to their rights compliance in the United States will be application at home. During the Cold War, slow and patchy as long as this remains the case. influential voices attacked domestic supporters of international human rights agreements as Racism un-American and naïve. Today, some politicians Black American and Jewish leaders were active and commentators continue to insist that interna - participants in the birth of the Universal tional treaty obligations—although they require Declaration of Human Rights in the 1940s, the advice and consent of the U.S. Senate—under - although these efforts would initially have mine democratic prerogatives and subject the little impact at home. The National Association United States to “rule by” the United Nations. for the Advancement of Colored People As a result, the United States is the only Western (NAACP) and other civil rights organizations, democracy, and one of only eight countries in for example, met with fierce opposition when the world, that has not ratified the Convention they tried to employ universal human rights prin - on the Elimination of Discrimination against ciples and the new forum of the United Nations Women. It is the only functioning state that has to challenge lynching and racial segregation. not joined the Convention on the Rights of the This resistance came primarily from lawmakers Child. (That is not to say that all countries that in the South, who accurately saw in human rights sign approve such treaties are compliant. Some standards a threat to Jim Crow policies and the longstanding political marginalization of African- honor such treaties only in the breach.) Americans. But resistance also came from liberal Those treaties the United States has ratified are elites like Eleanor Roosevelt, who discouraged subject to strict limitations on their enforcement the NAACP from filing a petition at the United via statements called “reservations, understand - Nations out of fear that an emergent China and ings and declarations” (RUDs), attached by Soviet Union would wield the petition against Congress. These RUDs declare the treaties appli - American interests. Under the combined weight cable only where consistent with U.S. law—there - of racism and Cold War politics, the mid-century by essentially defeating the point of ratification in movement for U.S. accountability to universal the first place. human rights standards human rights withered and died. Over time, the assumptions underlying American exceptionalism have become harder to rational - Sixty years later, racism continues to influence ize. This is especially true in the face of interna - contemporary debates of issues with clear human tional and domestic backlash against U.S. anti- rights aspects. It persists in the denial of assis - terrorism practices in recent years, and as other tance to poor renters in New Orleans, still strug - developed nations (including Australia, Canada gling to return to their homes. Its influence can and members of the European Union) move also be felt in the political reality that “universal” further ahead of the United States in terms of health care reform will exclude undocumented rights protection. Yet the legacy of exceptional - immigrants if it is to pass. ism looms large, in that the average American citizen, journalist and politician is unaware that Fear of “creeping socialism” the Universal Declaration of Human Rights From the onset of the Cold War, U.S. officials exists, or that the United States has signed specif - equated equitable economic rights with commu - ic human rights treaties which are potentially nism. This history and mindset partially account more expansive than the Constitution’s Bill of for the artificial separation of civil, political, Rights. 2 The process of achieving greater human social, economic and cultural rights into two

10 Perfecting Our Union “This innate understanding that it is not the law but our status as human beings that demands that we be treated with equality and respect has been the driving force in every successful struggle in our country’s history.”

Larry Cox

separate treaties: one for civil and political rights speech, freedom of thought, and property rights. (the ICCPR)—favored by Western nations—and Yet there are numerous areas where the country another for economic rights (ICESCR), which fails to live up to universal human rights stan - were stressed by Eastern bloc nations. It is no dards. Such areas include the following: accident that no major human rights treaties t in prison and detention policy, where there would be approved by the U.S. Senate until after are no national, comprehensive standards the end of the Cold War, in the 1990s. for treatment of prisoners or regular, inde - Yet American opinions and policies do not speak pendent monitoring of conditions; in one voice on the question of economic and t in education, where large numbers of chil - social rights. For example, recent polling com - dren of color in public schools are arrested missioned by The Opportunity Agenda, a com - or pushed out of school for minor misbehav - munications think tank, indicates that substan - ior; tial majorities of Americans today think that t in juvenile justice, where offenders under the quality public education (82 percent); health age of 18 are routinely tried as adults and care (72 percent); and a clean environment (68 housed in adult prisons; percent) should all be considered human rights. t in health care, where 45 million have no It is worth noting, though, that the same poll health insurance; and also highlights the seemingly schizophrenic nature of American attitudes and perceptions t in employment, where agricultural and regarding economic rights. Findings indicate that household employees have no right to a Americans across all races worry that framing minimum wage, to overtime pay or to form health, food and housing in terms of rights will a union. undermine an ethic of personal responsibility. 3 The advocates profiled in this volume have decid - Popular suspicion of big government and higher ed to incorporate human rights into their work taxes, combined with a deep-seated reluctance to for different reasons. They interpret and apply help the “undeserving poor,” further complicate the framework in different ways. As a whole, discussions of social and economic rights. though, the case studies highlight several com - Finally, the recent pitched debate over health mon benefits of human rights for social justice care reform underscores the reality that many work in the United States: i) a fundamental Americans view entitlements as a zero-sum emphasis on the dignity and equality of all game, in which more rights for you mean fewer people; ii) uniform, broad standards that clearly rights for me. outline rights and require government to ensure their realization; iii) a framework for linking domestic social justice issues to a global system Why the United States and context; iv) a way to unite multiple concerns needs universal human rights and forge alliances among different constituen - The United States is an acknowledged leader in cies; and v) increased levels of participation and protecting core human rights, like those to free leadership of those directly affected by violations.

Human Rights Success Stories from Across the United States 11 Ajamu Baraka, executive director of the USHRN, addresses rally participants.

The claim to dignity and equality people displaced from neighborhoods they can The idea of human rights is compelling precisely no longer afford; and with low-wage workers because it is grounded in the most powerful claim who are exploited because they lack adequate to legitimacy: human dignity and freedom. “This protections. innate understanding that it is not the law but our Long-time civil rights advocates such as Jaribu status as human beings that demands that we be Hill of the Mississippi Workers’ Center for treated with equality and respect has been the Human Rights have discovered that human rights driving force in every successful struggle in our can bring persuasive descriptive power to injus - country’s history,” says Larry Cox, executive tices—including, in Hill’s case, those she saw director of Amnesty International USA. He occurring in the shipyards and poultry processing points, by way of example, to a famous photo - plants of the Deep South. “When I came to graph of striking sanitation workers in Memphis Mississippi, we began using the term ‘human during the civil rights movement. The workers, rights’ because it was the only thing that could all of whom were black, did not hold up signs cit - describe people having to wear Pampers on ing the National Labor Relations Act; instead, the job because there were no bathroom breaks. the signs simply declared, “I am a man.” 4 That is an assault on personal dignity. You could - n’t talk about that kind of abuse in terms of Forty years later, such assertions of dignity and civil rights.” equality flowing from our common status as human beings—regardless of color, wealth or cit - As the case studies on survivors of human rights izenship—are enjoying renewed attention. They violations in Part II illustrate, human rights can resonate powerfully with a new generation of also broaden lawyers’ thinking about the nature black and immigrant youth, trapped in decrepit of justice for their clients. “Lawyers think too schools that resemble jails; with working class narrowly about remedies,” observes Ann Beeson,

12 Perfecting Our Union “When I came to Mississippi, we began using the term ‘human rights’ because it was the only thing that could describe people having to wear Pampers on the job because there were no bathroom breaks. That is an assault on personal dignity. You couldn’t talk about that kind of abuse in terms of civil rights.”

Jaribu Hill a former litigator with the ACLU who now heads Human rights standards also set a baseline the Open Society Institute’s U.S. Programs. that all societies must meet with respect to “Human rights remind us that sometimes what rights protection. Such minimum, positively victims also want is the opportunity to be heard, stated standards are helping advocates gain to have their suffering acknowledged, and an a clearer sense of policy solutions they want apology.” to achieve, rather than merely addressing in piecemeal fashion those policies they are against. “Human rights provide a proactive Broad standards frame to communicate the kind of alternative International human rights treaties often articu - policy that we want and children need,” late stronger protections than U.S. domestic law explains Liz Sullivan, who co-coordinates in several respects, including the following: the national Dignity in Schools Campaign. 1. Affirmative obligations. Human rights 2. Recognition of disparate impact. Human standards provide a set of both negative rights norms tend to focus on equality of rights (such as the duty of non-discrimina - outcomes, whereas U.S. law often puts the tion) that governments are required to burden on victims to prove that they suffered respect, as well as positive rights that govern - intentional discrimination. The emphasis on ment is obligated to promote and fulfill. The impact rather than intent offers strategic duty to fulfill rights means that government benefits to advocates working on issues such must take proactive, measured steps to real - as racial justice, lesbian/gay/transgender ize the equality of all people, and to eradicate rights and women’s rights, in an era in which hunger, poverty and disease. This concept discrimination is not always overt. stands in contrast to most domestic civil For example, the Convention on the Elimi - rights laws, which generally articulate only a nation of All Forms of Racial Discrimination right against discrimination. (CERD) and the International Convention For example, both the American with on Civil and Political Rights (ICCPR) both Disabilities Act (ADA) and the Convention require governments to address and elimi - on the Rights of Persons with Disabilities nate racially disparate impacts of govern - (CRPD) prohibit discrimination against dis - ment policies, regardless of whether they abled people. The CRPD goes further, how - result from intentional discrimination. ever, by requiring government to fulfill the 3. Access to social, economic and cultural equality of disabled people by helping them rights. Several human rights treaties obligate to find employment and live independently. governments to progressively work toward The CRPD also obligates governments to the realization of economic, social and cul - promote positive images of disabled people tural rights, which are largely unavailable in the media. in U.S. Constitution or domestic statutes.

Human Rights Success Stories from Across the United States 13 Governments are not expected to fulfill all A global system and context for advocacy these rights immediately or at the same time, Advocates are gravitating to universal human but must make progress in doing so until rights standards in part because the world they are completely guaranteed. is shrinking. For social justice advocates, it is dif - The Children’s Rights Convention (CRC), ficult if not impossible to advocate effectively for example, guarantees children the right to on “domestic” social justice issues—such as the adequate food, shelter and education to exploitation of immigrant workers, or the debili - ensure their full development. While many tating surge in mortgage foreclosures, or the state and local governments in the United trafficking of women into forced prostitution— States have established programs intended without addressing the global economic forces to alleviate child poverty, there is no right that influence and underpin these problems. to minimum standard of living for children It is no accident that some of the most effective under federal law. uses of international human rights standards and mechanisms have occurred among immigrant More generally, the Covenant on Economic, domestic, day and farm laborers—such as those Social and Cultural Rights (ICESCR) profiled in the chapter on the Coalition of requires countries to take proactive steps Immokalee Workers, who work in industries that toward providing health care, education, are exempt from U.S. labor protections. nutritious food, adequate housing and fair Technology is strengthening this global advocacy, wages for all residents. U.S. civil rights laws, allowing guest workers from India to text-mes - by contrast, only prohibit discrimination sage their government representatives back home in the spheres of housing, education and about abuses occurring in Louisiana shipyards. employment—and then only where inten - tional and based on specific, recognized International human rights can also provide forms of discrimination, such as race or a useful yardstick for measuring American gender. progress—or inaction—on a range of important issues and policies. For example, the United Even though the United States has never rat - States is the only Western, industrialized nation ified the ICESCR, that treaty’s articulation without universal access to health care; youth of a right to the highest attainable standard continue to be sentenced to life in prison without of health and decent housing nevertheless parole, a draconian sentence which no other provides a useful yardstick for anti-poverty country in the world imposes. 5 The death penalty advocates to assess how and where U.S. pol - continues to be applied in many states, years after icy in these areas must be improved. Diverse the European Union made its abolition an social justice organizations such as the Cen - absolute condition of membership. ter for Reproductive Rights, the Environ - mental Advocates for Human Rights, the National Economic & Social Rights Initia - A common frame for uniting concerns tive and the National Law Center on Hous - and constituencies ing and Homelessness are increasingly After three decades in which U.S. social justice convinced that treating health and housing organizations splintered into ever narrower areas as privileges rather than rights is inadequate. of specialization, advocates are recognizing that a They are therefore grounding their work in more integrated approach to advocacy is needed these areas in international human rights to protect the rights of people subject to multiple standards as well as domestic law. forms of disadvantage, as well as to effectively

14 Perfecting Our Union influence national policy. For example, the affirmative enhancement of their vision of equal - Coalition of Immokalee Workers and the Border ity. These advocates realize that thinking of race, Network for Human Rights, profiled in Part I, gender, economics and culture in separate terms consciously adopted a human rights framework is simply no longer an effective response to the because it better captured the range of concerns problems of people trapped in violent relation - of their immigrant members, which included but ships or urban ghettoes or impoverished Indian extended beyond legalization. reservations. The human rights framework allows them to simultaneously address race and However, some activists worry that human poverty, or poverty and gender, or culture and rights, with all its talk of universality, dilute a sexuality, etc. focus on the specific nature of problems like racism and sexism. Many of these activists For others, like the United Congress of remember a time, not so long ago, when major Community and Religious Organizations or the international human rights organizations based United Workers Association, two organizations in the United States were content to focus on profiled in this volume, human rights provide a oppression overseas, essentially ignoring racial means of building multi-racial alliances across and gender injustice in their own backyard. African-Americans, Latinos, Muslims, Asians Among some advocates, the suspicion lingers that and white constituencies. In the non-unionized the broad screen of human rights provides a car factories of the South, skilled black workers dodge for those who prefer not to talk about race are making $6-$7 dollars an hour less than white or gender. workers. But even white workers are making less money than those in plants in the North. “We Yet racial justice in particular lies at the center have to describe suffering in human rights terms, of much contemporary human rights work in the because it’s attached to a model of plantation United States. This is evident in the case study work that is no longer only race-specific,” says on the coalition of 400 domestic organizations, long time advocate Jaribu Hill. profiled in Part III, which rallied in 2008 to demand that the United States comply with its commitments under the international race treaty. Multi-dimensional, participatory strategies Today, most major civil rights organizations have Human rights can be used in any advocacy venue. in some way or other incorporated human rights Therefore, the human rights movement includes into their lexicon and tactics. This includes the lawyers drawn to its generally broader legal stan - Lawyers’ Committee for Civil Rights Under Law, dards, which provide more entry points for policy which is incorporating international human change; organizers drawn to its principles of dig - rights law into its racial justice litigation, and nity and empowerment; and researchers focused the Leadership Conference for Civil Rights, on the documentation of violations. Advocates which is seeking to transform an ineffective U.S. often combine these strategies in multi-discipli - Civil Rights Commission into a Civil and Human nary campaigns. Rights Commission. At this moment in the United States, perhaps the These activists don’t see human rights as a substi - greatest value of human rights is being realized at tute for racial justice, or immigrant rights, or any the grassroots level, where it is inspiring people other identity-based struggle. Nor do they believe who live at the margins of U.S. society to demand it can succeed as a parallel movement for social and secure better treatment from their govern - justice. Instead, for an increasing number of ment(s) and employers. The participatory nature domestic rights activists, human rights offer an of human rights is displacing old “advocate-

Human Rights Success Stories from Across the United States 15 client” models with one in which poor people for domestic human rights—the U.S. Human and survivors of abuse are leading the struggle for Rights Fund—has managed to raise several mil - change, and working in partnership rather than lion dollars per year since 2005 to expand use of in deference to professional advocates. these methods. Pressure for U.S. accountability to treaties it has Conclusion signed is also intensifying. When a delegation of The rising power and influence of human rights U.S. government officials arrived in Geneva to in the United States can be seen not just in the defend its compliance with the international race success stories chronicled in this report, but also treaty (CERD) in 2008, it was greeted by over in the growing numbers of domestic advocates 125 domestic advocates, all armed with their who are employing the values, standards and own reports on racism and xenophobia in the strategies of human rights. Just six years ago, United States. A national Campaign for a New there was no national network of domestic Domestic Rights Agenda, which currently com - human rights organizations; no organized fund - prises dozens of U.S. social justice organizations ing mechanism for domestic human rights work; and advocates, is working to create new monitor - no significant use of international human rights ing and implementation structures within the mechanisms by U.S. advocates; and little sus - federal government to assist agencies in meeting tained pressure on the government to comply their human rights treaty obligations. The signif - with human rights treaties. icance of this new domestic human rights activism is real: it means that for the first time, Today, the US Human Rights Network—founded the United States is being held accountable at in 2004 with 50 organizational members— home to the human rights principles it so fre - includes over 275 organizations and 1,400 indi - quently promotes abroad. viduals. In 2004, the American Civil Liberties Union created its own seven-person human rights Obviously, much more remains to be done to program, which actively uses human rights ensure government accountability for the dignity standards alongside the Bill of Rights in its work. and equality of all people in the United States. The Bringing Human Rights Home Lawyers’ With sustained leadership and better funding Network at Columbia University has doubled in from those in and outside of government, this size since its launch in 2001, and now includes future is within our reach. These case studies over 300 members. A pooled philanthropic fund begin to point the way.

16 Perfecting Our Union PART 1: Changing Policy and Improving Lives CHAPTER 1: The Campaign for Fair Food: The Coalition of Immokalee Workers and the Alliance for Fair Food

Appealing to basic principles of human dignity and universal human rights, a coalition of impoverished farm laborers and their allies win agreements for higher wages and better working conditions from some of the largest food corporations in America.

The starting place producers in Florida for enslaving workers, under th st Tomato picking is grueling work. In the United a combination of 19 and 21 century anti-slav - 7 States, it nearly always involves migrant workers, ery laws. Over 1,000 people held in forced who stoop from dawn to dusk in industrial fields. servitude have been freed as a result, leading one Most are paid at a piece rate—about 45 cents for federal prosecutor to call Florida “ground zero of 8 each 32-pound bucket of tomatoes—that has modern slavery.” barely changed in 30 years. With good weather, Yet most of these abysmal conditions—the sub- full vines and a fast arm, a worker can pick per - poverty wages, the long hours without overtime, haps 150 buckets in 12 hours and still earn only the substandard housing—are perfectly legal. $50, well below the federal minimum wage. New Deal labor reforms legislated in the 1930s According to federal labor statistics, most farm explicitly excluded farm and domestic workers. workers make less than $10,000 per year. 6 Neither the overtime provisions of the Fair Labor On tomato farms, workers often pay exorbitant Standards Act, for example, nor the National rents to sleep four or six men to a crowded, dilap - Labor Relations Act, which give American work - idated trailer, ensuring that they remain in debt ers the right to form a union, prohibit these inhu - to their employers. mane conditions for agricultural workers. Sometimes there is no pay at all. Bosses have regularly refused to pay workers, and in several The success documented instances have held them captive in U.S. law may still allow exploitation of farm storage trucks or trailers locked from the outside. workers, but a band of mostly undocumented migrant workers in Immokalee, Florida have suc - This may sound like a Depression-era scene from cessfully asserted their human rights to a living The Grapes of Wrath , but in fact describes a real - wage and fair treatment in the fields. ity of modern-day agriculture in America. In the past 12 years, the U.S. Department of Justice has Now 4,000 members strong, the Coalition of brought seven prosecutions against agricultural Immokalee Workers (CIW) has negotiated an

18 Perfecting Our Union impressive string of labor agreements with sever - for their rights to fair wages, respect from al Goliaths of the food industry—including employers, and an end to exploitation. “We were Taco Bell, McDonald’s, Burger King, Subway, clear from the beginning that this was a struggle and Whole Foods. The labor agreements hold for human rights, civil rights and economic corporations responsible for ensuring the toma - rights,” said long-time CIW leader Lucas Benitez. toes they buy are not harvested through exploita - “If you are working seven days per week and tive practices. The agreements: cannot maintain your family in a dignified way, that’s a violation of human rights.” t require corporate buyers to increase, by one penny, the amount paid per pound Human rights education. The human rights of tomatoes, which is to be passed on to the frame came naturally to CIW members, most of workers in the field. The penny-per-pound whom migrated from nations where international increase raises the wages of tomato pickers human rights, peasant movements and liberation by over 60 percent, to 72 cents per bucket theology are familiar concepts. During the sea - from 40 to 50 cents; son, 100 or more workers gather on Wednesday nights at CIW’s center to learn about their rights t establish a human rights code of conduct as workers. Every season, they pass out small that forbids corporate buyers from purchas - blue pamphlets containing the Universal ing purchase from growers that are found to Declaration of Human Rights. Meetings empha - have used slavery, intimidation, violence and size that whatever U.S. law may say, there are sexual harassment; and universal legal frameworks that support workers’ t establish an industry-wide mechanism dignity and rights. for monitoring pay and conditions in the Industry analysis. The centerpiece of Wednesday fields, in which farm workers have a central sessions, however, is a power analysis of the agri - role in monitoring. cultural industry. “We follow the abuses that take CIW has achieved these remarkable victories place in the fields all the way up the chain, ana - through a “Campaign for Fair Food” that com - lyze who is benefiting from them in the end, and bines market pressure, human rights-informed challenge those who have power to demand bet - messaging, legal strategies and organizing with ter conditions,” said Gerardo Reyes, a CIW students, churches and the federal government. member since 2000. Early on, CIW realized that targeting the growers themselves would not bring about higher wages. It was clear that a better tar - The strategy get was the large restaurant chains and corporate Immokalee is a 3 stop-light town. It lies at the supermarkets that bought in bulk. These corpora - end of a two-lane highway in southwestern tions were able to exert their market muscle to Florida, a stone’s throw but a world away from secure lower prices for tomatoes—which thereby the 6,000-square foot vacation homes of nearby forced growers to depress wages. CIW decided it Naples. During the growing season, Immokalee’s needed to demand accountability from the top of population swells with thousands of Mexican, the food industry for abuses occurring at the bot - Central American and Haitian immigrants, tom of its supply chain. drawn to the prospect of work in the surrounding vegetable farms. Fast food boycotts. In 2001, CIW launched a boycott against Taco Bell, a major buyer of toma - Formed in 1993, CIW is a grassroots organiza - toes whose parent corporation, YUM! Brands, is tion that works to empower its members to fight the world’s largest restaurant holding company.

Human Rights Success Stories from Across the United States 19 From CIW’s perspective, the key to its success has been putting workers at the center of the advocacy, emphasizing human dignity, and partnering with allies who can bring different kinds of pressure on decision makers.

This decision was strategic: Taco Bell has an CIW expand a strategy it had originated against expanding number of restaurants on college cam - YUM! Brands, the parent corporation of Taco puses, and CIW sought to enlist students as part - Bell: showing up at shareholder meetings to ners in the campaign. Busloads of CIW workers protest abuses in restaurant corporations’ supply traveled around the country on “Truth Tours,” chains, and lobbying for shareholder resolutions holding informational sessions with college stu - that demanded that the corporations comply dents, people of faith and community groups, with international labor standards. and picketing restaurants along the way. Shortly thereafter, CIW began to utilize interna - International pressure. It was during this time tional human rights mechanisms as a means of that CIW began to internationalize its human getting major human rights organizations on rights strategies. In 2003, the organization board with its campaign. This strategy developed received an award from the Robert F. Kennedy soon after the newly launched National (RFK) Center for Human Rights. The award Economic and Social Rights Initiative (NESRI), came with a cash prize of $30,000 and a full-time based in New York, began providing technical RFK Center staffer to work alongside CIW to assistance on human rights to CIW. Strategizing help meet its goals. The Center and the Coalition together, CIW, NESRI and lawyers from George decided that the RFK Center could help CIW Washington University’s Human Rights clinic strategize international points of pressure, as well decided to file a petition before the Inter- as leverage the Center’s network of political and American Commission on Human Rights business elites. The RFK Center brought mem - (IACHR). bers of the Kennedy family to tour Immokalee. It The IACHR is a regional human rights body, wrote letters to corporate heavyweights who sat chartered under the authority of the on the boards of major fast food companies. Organization of American States. It considers The RFK Center also encouraged CIW to lever - complaints of human rights abuses occurring in age pressure from large international investors in North, South and Central America. The IACHR fast food companies. The Coalition’s first target has no enforcement mechanism, but its rulings was Norway, a small country with a multibillion- are often persuasive nonetheless. Though CIW dollar petroleum fund that had recently adopted and its allies recognized that the Commission a socially responsible investment strategy. The could not force the U.S. government to act, they Norwegian Petroleum Fund had already divested believed that a public airing of the issues could from Walmart yet remained a major investor in have a significant positive impact. They saw McDonald’s. The RFK Center brokered meetings a hearing before the Commission as a way of between CIW and the Norwegian fund’s officials, engaging the human rights community by build - urging them to lean on fast food companies ing the visibility of the campaign in an interna - to change their practices. The Center also helped tional venue.

20 Perfecting Our Union At the hearing, CIW members testified about CIW was simultaneously encouraging allies in the abuses in the tomato fields of Florida. NESRI and faith community—including the local Roman lawyers at the George Washington clinic provided Catholic Diocese, the United Church of Christ, a legal analysis of farm labor abuses under inter - the Presbyterian Church (U.S.A.), the United national human rights standards. CIW also sub - Methodist Church, and ultimately the National mitted reports on human rights violations in the Council of Churches, which represents over U.S. agriculture industry to the United Nations 50 million Christians—to join the workers in Committee on Forced Labor, and met with marches and direct actions. Churches also sent International Labour Organization (ILO) 9 repre - postcards and issued public statements demand - sentatives in Switzerland. ing that Taco Bell work with CIW to end the exploitation of tomato pickers. CIW focused especially on organizing congregations in The turning points Louisville, Kentucky, where both YUM! Brands Meanwhile, student groups were turning up and the Presbyterian Church were headquar - the heat in the campaign to “Boot the Bell” from tered. college campuses. Ultimately, students from 300 In March 2005, on the eve of a peaceful protest universities signed on to the Taco Bell boycott. in Louisville at which over 10,000 people were Twenty-three universities succeeded in removing expected, YUM! Brands conceded to CIW’s or blocking the opening of Taco Bell restaurants demands. The company agreed to work with on their campuses. CIW to pay an extra penny per pound and to

Human Rights Success Stories from Across the United States 21 “If we focus on the fact that we are immigrants, then it becomes a problem of just immigrants. If we say it’s a problem of housing or slavery, then it becomes only about that. Rather than isolate the problem as a separate issue, we are using human rights to share a wider vision of what we are pursuing, and why.”

Gerardo Reyes

terminate any grower in its tomato supply chain The human rights impact who tolerated abuse of farm workers. YUM! What accounts for the remarkable success of this Brands later voluntarily expanded the agreement coalition of mostly non-English speakers, operat - to cover all five of its chains, including KFC and ing with a budget of less than $900,000 per year? Pizza Hut. From CIW’s perspective, the key to its success has On the heels of its victory against Taco Bell, CIW been putting workers at the center of the advoca - immediately launched a new campaign against cy, emphasizing human dignity, and partnering McDonald’s and then Burger King. McDonald’s with allies who can bring different kinds of pres - entered into a settlement with CIW on similar sure on decision makers in a position of power. terms in 2007 and added the important provision A robust understanding of human rights stan - of establishing an industry-wide monitoring dards and tactics has been at the center of all body. After a particularly intense and contentious these strategies. campaign, Burger King settled in 2008. International pressure to build visibility. The Agreements with Subway and Whole Foods fol - international advocacy efforts in Norway result - lowed in late 2008. ed in lots of good press, with Norway ultimately In 2009, CIW forged a groundbreaking agree - agreeing to make treatment of workers in fast ment with Compass Group North America, the food supply chains a top priority for human world’s leading food supplier to hospitals and rights engagement. McDonald’s settled with CIW universities. The pact exceeds the gains of earlier shortly before Norwegian officials began to for - agreements by paying workers for every hour mally consider divestment. worked rather than by pounds picked; providing Meanwhile, the petition to the Inter-American workers an immediate raise with the ultimate Commission on Human Rights succeeded in goal of a guaranteed minimum fair wage; allow - bringing the mainline human rights organizations ing education of workers on their rights at work - on board. NESRI reached out to Human Rights sites; and permitting third party auditing of Watch, Amnesty International and other large workplace conditions. Compass Group has also human rights organizations, all of which signed a agreed that it will purchase tomatoes from only letter supporting CIW’s petition. those growers and suppliers willing to meet the standards set out in the Code of Conduct and CIW used such endorsements strategically, to pass the raise on to their workers. legitimize the campaign among students, academ -

22 Perfecting Our Union ics, and high profile allies in Congress and the food and water and made donations to needy international community. Amanda Shanor, the farm workers. RFK Center program officer who worked with CIW for several years, observed, “Going to the Farm workers were thankful for the donations, IACHR doesn’t cause the corporation to negoti - but they challenged church members to be ate. But it is part of a strategy of building involved in a more useful way. According to the alliances and legitimacy.” Rev. Noelle Damico, the church’s liaison to CIW, “They said, ‘We are grateful for your help, These endorsements would prove especially but why should men and women work seven days valuable in subsequent campaigns. During the per week and not be able to provide for their Burger King boycott, for example, Amnesty families?’ We realized that our charity was just International posted its endorsement letter on its website, a step that produced over 50,000 letters subsidizing the growers.” CIW told church mem - of protest to the company. bers that it wanted their partnership, not their pity, and invited them to bring their leverage to Human rights to build alliances. The fact that the table. some workers were being held against their will and forced to work without pay clearly allowed For the church, the human rights message of dig - the Department of Justice and other partners to nity and basic rights—although not language grasp the situation as a fundamental violation of native to its theology—resonated from the begin - human rights that required response. But in each ning. But church people, like most Americans, of these cases, CIW also used human rights prin - were accustomed to thinking about low wages as ciples to strengthen alliances and equalize power an issue of market forces, not of human rights. relationships. With the Department of Justice “CIW started off talking about slavery, which lawyers, for example, CIW has emphasized that was a lightning rod that woke people up to the workers want to be partners in prosecuting cases fact that this wasn’t just about bad working con - of slavery, not just victims who testify. ditions,” said Damico. “But CIW would then talk The Presbyterian Church (U.S.A.), home to 2.5 about sub-poverty wages and degraded condi - million members, became involved when CIW tions as independent violations of human dignity invited local congregations near Immokalee to that make slavery possible. It was a doorway to support its work stoppage and a 240-mile protest church people understanding the economic and march across Florida. Church members brought social abuses as human rights violations, too.”

Human Rights Success Stories from Across the United States 23 Students did not initially come to the CIW cam - Obstacles and accomplishments paign because of human rights; most were Although the food corporations began paying an attracted by the underlying theme of corporate extra penny per pound for tomatoes, the Florida accountability. But slowly, the students came to Tomato Growers’ Exchange (FTGE), the cooper - see human rights as the connective tissue that ative that represents the majority of producers in binds the work and partners together. “CIW’s the state, has threatened a $100,000 fine against messaging became our messaging,” said Meghan any member who passes along the extra wages to Cohorst, coordinator of the Student Farmworker its workers. Alliance. “I think over the past ten years, this campaign has educated a new generation of stu - More than $1 million in wage surcharges current - dents about basic human rights, and led countless ly sits, undistributed, in an escrow account. young people to organize for social justice.” Resistance is eroding, however. In 2009, two growers who supply tomatoes to Whole Foods In some instances, however, the emphasis on began to pay the penny per pound surcharge to human rights perplexed or confused potential workers in the fall picking season. A few months allies. Had CIW used a labor rights frame for its later, the third largest tomato producer in Florida work, for example, financial and tactical support resigned from the FTGE and agreed to participate from unions probably would have followed soon - in the agreements. er. Unions such as the AFL-CIO and the Service Employees International Union (SEIU) have over - CIW’s corporate partners, as party to the agree - come their initial wariness of CIW, and now ments, are also beginning to hold growers march in solidarity with its members. But this accountable for mistreatment in the field. When took time. abuses occur, CIW takes them straight to the Similarly, immigrant rights groups and funders corporations. often ask why CIW does not adopt an immigrant CIW is unique in using human rights-based rights frame. CIW’s Gerardo Reyes responds this arguments not just to stop abuses, but to create way: “If we focus on the fact that we are immi - structural change in the agricultural industry by grants, then it becomes a problem of just immi - realigning power relationships among workers, grants. If we say it’s a problem of housing or their growers, and buyers. It is now refining a slavery, then it becomes only about that. But all novel approach to industry monitoring that of these things are the result of the lack of recog - requires the participation of workers in enforcing nition of workers’ basic human rights. Rather a human rights-based code of conduct in the than isolate the problem as a separate issue, we fields of participating growers. “Human rights are using human rights to share a wider vision started as a leadership development tool for of what we are pursuing, and why.” CIW,” said NESRI’s Cathy Albisa. “It then CIW backs comprehensive immigration reform moved into use of specific international human and organized a 3,000-person march in rights mechanisms, like the Inter-American Immokalee in 2006 in support. Yet it has refused Commission (IACHR), and then to using a com - to support bills that includes guest worker provi - mon language of human rights with its partners. sions. Tying workers to one employer encourages Now it’s become the very substance of what they abusive treatment, say CIW members. are asking for.”

24 Perfecting Our Union For example, the Code of Conduct for tomato Lessons learned suppliers draws on both U.S. law and standards t Leadership development is an essential issued by the ILO to extend beyond U.S. law to: component of a fully participatory model t provide for the progressive implementation of human rights. CIW often uses popular of the right to freedom of association (con - education methods, like theater skits and ventions 87 and 98); and drawings, to illustrate the power relation - ships and campaign strategy for members t require wages above the mandated minimum who are illiterate or who speak little Spanish wage. or English. It translates complex economic analyses of corporate governance into simple The road ahead language, in seven or eight Spanish or Mayan Indian dialects. CIW frequently uses Meanwhile, CIW is continuing its push for video to instruct members and reach external human rights agreements with more companies, audiences. out of a conviction that contracts with all of the major buyers of tomatoes will eventually force t International advocacy strategies can the Florida Tomato Growers Exchange to drop bring visibility and pressure for local its opposition. The Coalition’s current targets are change. “We use international human rights the Chipotle restaurant chain and the Kroger, to give us more leverage when we want to Ahold and Publix supermarket chains. CIW has share our message with people from all also launched a “Sustainable Food” initiative to walks of life,” said Gerardo Reyes. “Instead educate consumers that food should be not just of just a small organization in a forgotten grown organically, but also harvested in ways corner, we are an organization that has met that respect human rights. with United Nations representatives and shared our stories in human rights tri - For CIW, a human rights frame was not a studied bunals.” choice, but an obvious one. Nor do human rights mean a single strategy for CIW. “When we talk t Human rights can help to forge consen - about human rights, we aren’t necessarily talking sus. Several of CIW’s partners observed that about the UN Human Rights Commission,” said its style is less adversarial than that of other CIW member Lucas Benitez. Instead, human U.S. grassroots organizations. “With CIW, it rights bring a collective set of participatory is less about us vs. the enemy, and more strategies and principle of dignity that infuses all about the vindication of fundamental dig - of the Coalition’s work, whether it draws on U.S. nity,” said Amanda Shanor, the former RFK law or international agreements. “Each Center program officer. This changed the Wednesday night meeting has a different theme,” tenor of CIW speeches and presentations and said Gerardo Reyes, “but it is always focused on made them more persuasive. “It became less human rights, and why it is important for people about picking sides than about supporting to be involved.” something that everyone can agree on.”

Human Rights Success Stories from Across the United States 25 CHAPTER 2: School Discipline Reform: Community Asset Development Re-defining Education (CADRE) and the Dignity in Schools Campaign

Armed with human rights principles, a coalition of Latino and African-Amer - ican parents challenged high rates of suspension to change how the Los Angeles Unified School District addresses student discipline. Their work helped to inspire a national Dignity in Schools Campaign which emphasizes the human right to mutual respect, the participation of students and parents, and the teaching of positive behavior skills as an alternative to zero-tolerance punishment.

The starting place percent of its student body over the course of that 10 Zero-tolerance discipline swept into American academic year. Los Angeles public schools were classrooms in the 1990s, in the wake of several suspending thousands of children each year for highly publicized school shootings and a war on vague and unspecific violations such as “defi - drugs that stressed swift and harsh punishment ance.” Suspension and expulsion put many of for kids found with contraband in schools. By these youth on what advocates in the United 1994, Congress had passed the Gun-Free Schools States call the “school to prison pipeline,” given Act, which required all school districts receiving that suspended children are among the most federal funds to expel any child who brought a likely to become high school dropout. These weapon to school. dropouts in turn are three and a half times more likely to be incarcerated. 11 Along with hastening an increase in security offi - cers and metal detectors in schools, a zero-toler - Some school administrators recognized that the ance culture of arrest and expulsion soon began system was in crisis. Already struggling to comply to pervade many schools’ responses to even with a consent decree requiring it to reduce minor misbehavior, like cafeteria food fights or suspensions of kids with disabilities, in 2006 the talking back to teachers. Suspension and expul - Los Angeles Unified School District (LAUSD) sion rates began to skyrocket across the country. asked staff to investigate research-based alterna - tives to suspension. By 2005, suspensions in the Los Angeles Unified School District, the largest in California, had surged to eye-popping levels: 116,310 out of a The success total of 700,000 students in the 2004-2005 Within a year, the Los Angeles school board school year, with one local district suspending 34 passed a new School-wide Positive Behavior

26 Perfecting Our Union “A culture of dignity and human rights in education is fundamentally different from schools that say, ‘You get out because you don’t belong.’ Suspension doesn’t teach kids how to appropriately discuss things with an adult or negotiate with one another.”

Nancy Franklin

Support policy (PBS). At the insistence of parents, Much of that pressure came from an unlikely the new policy draws on human rights standards place: South Los Angeles, the poorest area of articulated in the Convention on the Rights of the the city, with neighborhoods plagued by high Child by emphasizing that discipline must respect rates of school dropout and low rates of parent students’ dignity; must be administered without participation. racial discrimination; must include parents and peers to participate in conflict resolution; and The epicenter of parent mobilization was a small must hold schools responsible for teaching and grassroots organization called Community Asset modeling positive behavior and mutual respect. Redefining Education (CADRE). Launched in 2001, CADRE was the brainchild of two The new policy declares that: women—Maisie Chin, a community organizer with six years of experience in school-community Every student, pre-school through adult, has initiatives, and Rosalinda Hill, a parent with five the right to be educated in a safe, respectful children in the Los Angeles public schools. and welcoming environment. Every educa - tor has the right to teach in an atmosphere Chin and Hill were angry. In their view, public free from disruption and obstacles that school teachers and administrators treated par - impede learning. This will be achieved ents as problems, rather than partners; for exam - through the adoption and implementation of ple, low-income parents were informed, rather a consistent school-wide positive behavior than consulted, about their children’s educational support discipline plan for every school in plans, and were discouraged or excluded from LAUSD. All school level plans will include: classrooms. teaching school rules and social emotional skills; reinforcing appropriate student “Parents have power, but are treated as inconse - behavior; using effective classroom manage - quential in their children’s schooling. Negative ment and positive behavior support strate - and racist attitudes toward poor parents in South gies by providing early intervention for LA were violating their right to hold schools misconduct and appropriate use of conse - accountable,” said Chin. quences. 12 CADRE’s mission is two-fold: to support parents to have a voice in school policy, and to ensure The strategy that that all children receive a quality education, Sustained pressure from parents was critical regardless of where they live. The group decided to overcoming the resistance of teachers and to focus first on discriminatory practices in school principals to reforming zero-tolerance discipline. discipline and “push-out”—i.e., encouraging low-

Human Rights Success Stories from Across the United States 27 performing students to drop out of school alto - or African-Americans, but for all parents. It’s not gether. “We felt that this was a place where par - about the failing of one parent or one kid, but ents and schools could build shared power and the failure of an entire school system to educate shared leverage, because behavior in school is a children.” mutual responsibility,” explained Chin. “In the trainings, the light bulb moment was real - The parent organizing was difficult in the begin - izing that our kids didn’t have a guaranteed right ning. Latino parents clustered on one side of the to education,” said Roslyn Broadnax, a parent room, with African American parents on the leader. Broadnax is referring to the fact that other. Then Chin read a report from the Center federal laws do not guarantee a child’s right to for Economic and Social Rights on school education—leaving school districts free to expel accountability and human rights. “It put into a children without providing for an alternative human rights frame the work we had been doing plan for instruction. However, the international on standards of parental engagement,” said Chin. Convention on the Rights of the Child (CRC), CADRE invited Liz Sullivan, the report’s which the United States has signed but never rat - author—who had by then moved to the National ified, states that all children have a basic human Economic and Social Rights Initiative (NESRI) in right to a quality education. It also contains New York—to do focus groups and trainings specific guidance as to the rights and responsibil - on human rights with its members. ities of parents, students and schools with regard to discipline. The NESRI training on human rights, together What parents had come to see as the status quo with sessions on Latinos’ and African-Americans’ in South LA was now reframed as a violation of shared histories of social struggle, helped bring human rights. the parents into closer alliance. Liz Sullivan recalls: “Human rights provided a unifying mes - CADRE used these human rights standards to sage—to see this not just as an issue for Latinos, advocate for a new discipline policy. Members

28 Perfecting Our Union The Convention on the Rights of the Child

The CRC and supplemental guidance from the recognition of the importance of preventing dis - UN Committee on the Rights of the Child speak ciplinary practices that cause physical harm or to four guiding principles: humiliation (Article 28 of the CRC). Full development of the child. Education must Freedom from discrimination. Governments be aimed at the development of each child’s abil - must guarantee the right to education without ities to his or her fullest potential. School districts discrimination by race, ethnicity, sex, language, are to teach essential life skills, including how to religion, disability or other status (Article 2 of resolve conflicts, develop good social relation - the CRC). ships and responsibility. The right to participate. The participation of par - Protection of human dignity. School discipline ents, children and peers should be promoted in must be administered in a manner consistent school disciplinary proceedings (UN Committee with the child’s human dignity. This refers to cre - on the Rights of the Child, General Comment 2). ating an environment of mutual respect, and a

carried out a participatory human rights docu - said. “Suspension doesn’t teach kids how to mentation project, going door-to-door in South appropriately discuss things with an adult or Los Angeles neighborhoods and gathering stories negotiate with one another. We weren’t teaching from families about the impact of suspensions on those basic skills.” their children’s right to education, dignity and participation in the school system. It produced a CADRE members started showing up at Board of report on school push-outs and held a “South LA Education meetings, at which they called for a People’s Hearing” to share the findings. Modeled reduction in suspensions and an end to student after a human rights tribunal, parents and push-out. Parents, newly trained in public speak - students gave testimonies before a panel which ing by CADRE, shared stories about their kids included a member of the LAUSD Board of being suspended and taking weeks or months to Education. The report and people’s hearing get back into school. generated media attention, put pressure on the CADRE also insisted that the LAUSD address school board, and attracted new parent members racial discrimination, a core facet of human to CADRE. rights protection. While reviewing the subsequent analysis, “We saw differences in treatment for the The turning points same offense,” Franklin recounted. “At presenta - tions, teachers and administrators went from Some administrators saw in human rights an saying ‘Maybe elsewhere,’ to being astounded opportunity to change school culture in a more at what the data showed was going on at their constructive direction. Nancy Franklin, coordina - own schools.” tor of behavior support in the LAUSD’s Division of Special Education, was one of them. “A cul - But other stakeholders in the system were skepti - ture of dignity and human rights in education is cal about changing the zero tolerance policy. fundamentally different from schools that say, The teachers’ union feared its members would ‘You get out because you don’t belong,’” she lose the right to discipline troublemakers. Some

Human Rights Success Stories from Across the United States 29 principals worried that retreating from zero toler - t Regular monitoring and transparent ance would endanger students and teachers. reporting. The policy requires ongoing data Many administrators wanted a disciplinary collection on suspensions and expulsions, policy that looked like that of other large school disaggregated by race and publically dissem - districts. inated. CADRE and its allies insisted that discipline was The policy does not explicitly reference human as much about teachers’ response as it was about rights or the CRC, however. CADRE agreed students’ behavior. The day before the vote on the to hold off on pushing for human rights language new policy, the Los Angeles Times ran a story to be included in the policy, in order to avoid about CADRE and its campaign. The story alienating elected officials. “Bottom line, the helped reframe the public debate from whether school board supported PBS because it was good the policy was harsh enough to the need for a and reasonable policy,” said Maisie Chin. protocol that promotes mutual respect in “We dropped the fight over human rights lan - schools. 13 Despite a call from the teachers’ union guage when the focus was passage, knowing that to postpone a vote and toughen the disciplinary we would absolutely go back to it when monitor - ing the policy’s implementation.” guidelines further, the Positive Behavior Support (PBS) policy passed two weeks later, in March of Human rights-based leadership develop - 2007, with minor changes. ment. Periodic human rights trainings have been essential in helping parents exercise their right to participate, by teaching them how to engage The human rights impact constructively with school officials. Emma Human rights standards in policy develop - Aleman, a Spanish-speaking parent with a child ment. Using the CRC as a guide, CADRE in special education, said of school personnel, parents successfully advocated for standards “In the past, I would listen to them and bow my that require: head like they have all the answers. Now I know that I can question them too. I know what to ask t Participation of all stakeholders. The new for and what to expect. I can talk to a superin - policy states that “the successful implemen - tendent or a principal.” tation of this policy is everyone’s responsibil - ity. Every student, parent/caregiver, teacher, LAUSD administrator Nancy Franklin is con - administrator, school support personnel . . . vinced that this level of parental participation is and community member engaged in educa - critical to ensuring accountability from school district officials. She said, “CADRE’s work to tional activities has a role to play.” The pol - empower parents is hugely useful in implement - icy mandates training on PBS for parents, ing the policy equitably. If you are an affluent and encourages them to hold schools parent, you’re likely to attend a suspension con - accountable for maintaining a welcoming ference with your attorney. Those parents ask, climate conducive to learning. ‘What is your plan for my son while he is home? t Positive expectations and alternatives. How will he make up missed work?’ The policy mandates “positively stated rules “The key is helping families who do not have that are taught, enforced, advocated and those resources to articulate what they want for modeled at every campus,” as well as the their children in a way that is assertive and consistent application of alternatives to sus - demands accountability, without being aggres - pension. sive,” Franklin added.

30 Perfecting Our Union Obstacles and accomplishments by our parents,” said Maisie Chin. The findings will be presented in a shadow report to educa - The PBS policy is currently being implemented tors, parents, and the media at a briefing planned in LA schools, so there is as yet no data on for June 2010. its impact. Some advocates caution that PBS poli - cies alone may be insufficient to reduce discrimi - Finally, CADRE also demanded compliance with natory discipline. Judith Browne-Dianis of the human rights principles of transparency—insist - Advancement Project, one of the first groups ing, for example, that the school district develop to challenge zero-tolerance policies, urges advo - a parent manual on PBS that is translated into cates to also reform the disciplinary code for different languages. minor infractions and to closely monitor whatev - er policy is in place for patterns of racial discrim - ination. The road ahead The reforms in Los Angeles helped to spur the Since the passage of the policy, CADRE has growth of a national Dignity in Schools focused on referrals to principals’ offices, an early Campaign (DSC), launched in 2006. DSC is a indicator for suspension and expulsion. CADRE coalition of community organizers, teachers and is insisting that the district collect and make this legal advocates, including the ACLU, the data public by school, race of the student, and Advancement Project, the Southern Poverty Law type of incident. Center and the NAACP Legal Defense & CADRE has also emphasized the importance of Educational Fund. monitoring excessive discipline through partici - DSC promotes human rights principles, Positive patory action research. “In true human rights Behavior Supports (PBS) policies such as that fashion, the monitoring and research will be led implemented in Los Angeles, and restorative jus -

Human Rights Success Stories from Across the United States 31 tice measures such as peer discipline committees The Dignity in Schools Campaign, for exam - and jury programs (now being piloted in Denver ple, has successfully recruited educators to and Chicago) as an alternative to zero-tolerance the coalition by emphasizing the importance suspension. One priority is pushing for a federal of mutual respect between teachers and stu - Positive Behavior for Safe and Effective Schools dents. Act, which would provide funding incentives for schools that adopt PBS approaches. The draft leg - t Human rights standards can help to islation incorporates principles drawn from the forge common principles for action and Convention on the Rights of the Child and is leadership. Among groups with seemingly intended to balance the need for discipline with different interests, using a common set of the right of children to full development and dig - principles is useful in forging agreement on nity. broader-scale change. This is even more important when the goal is to involve tradi - The Dignity in Schools Campaign is also helping tionally excluded stakeholders, such as low- to reframe members’ work in human rights income parents. terms. Just a few years ago, advocates tended to talk exclusively about ending “zero-tolerance dis - t Participatory documentation helps to get cipline” or the “school-to-prison pipeline.” This the attention of administrators. Testi - language seemed neither to describe the problem mony from CADRE-trained parents com - adequately (because many children do not end up pelled attention. They spoke about children in jail but are still poorly served by the harsh dis - who were suspended for weeks or months, cipline) nor to imply a solution. without notice, counseling, or a future edu - “The message was reinforcing a criminal justice cational plan. “Board members who were frame, even though the problem was really a fail - checking their Blackberries during meetings ure of education,” said Liz Sullivan of NESRI. sat up and listened,” recalled LAUSD admin - “Human rights provide a proactive frame to istrator Nancy Franklin. communicate the kind of alternative policy that t Transparent monitoring of data is critical we want and children need—one based on to implementation and central to a human dignity, participation, and mutual respect between students and teachers.” human rights approach. Analyzing and monitoring data about who is being referred to principals’ offices for discipline, suspen - Lessons learned sion, and expulsion—and why such referrals t A human rights approach offers a posi - are made—are crucial steps in implementing tive vision for all stakeholders . It is impor - PBS effectively. Such efforts also allow tant to emphasize the beneficial effects of a school districts to demonstrate to parents human rights policy for educational out - that they are accountable, and are making comes, and for the entire school community. changes based on data.

32 Perfecting Our Union CHAPTER 3: The Human Right to a Living Wage: The United Workers Association’s Camden Yards Campaign

A community organizing association uses human rights values to build a multi-racial membership of low-income workers. Its first big success was win - ning a living wage for janitors at Baltimore’s Camden Yards baseball stadium.

The starting place owned by a state entity, the Maryland Stadium The United Workers Association traces its forma - Authority (MSA), which was exempt from the tion to 2002, when temporary day laborers began law. to use an abandoned firehouse in Baltimore, MSA awarded its cleaning contracts to an Maryland as a makeshift shelter. Although sever - out-of-state facilities management company. The al of the men and women living there had found facilities manager in turn used local temporary full-time work cleaning up after baseball games employment agencies to bring in stadium work - at Baltimore’s famed Oriole Park at Camden ers, who would pick up trash, clean the locker Yards, they still could not afford basic housing, rooms, and sanitize the bathrooms after games. health care or even regular meals. Frustrated with With such an indirect chain of responsibility, the working long days and still struggling to survive, workers were vulnerable to exploitation by tem - the residents of the old firehouse began to con - porary agencies that were competing to keep vene weekly meetings to discuss the root causes their bids low. of poverty and how they could exert their collec - tive power to overcome their individual miseries. The list of exploitive behaviors was long. Prospective workers had to line up for up to two One of the primary problems was that state and hours each day, in hope of getting work. Agencies local wage laws did not protect temporary work - often took a cut of workers’ wages to pay for ers like those at Camden Yards. Maryland had basic supplies and transport to the stadium, and just passed a law that mandated state contractors denied responsibility for medical treatment when pay employees in the Baltimore-Washington workers were injured on site. Black workers were corridor $11.30 an hour. However, the law did threatened with replacement by Latinos if they not apply to either part-time or temporary work - complained about pay or working conditions. ers. Camden Yards workers also could not One temp agency fired all of its African- benefit from Baltimore’s living wage law, which American workers and then hired an exclusively guaranteed $9.62 an hour. The stadium was

Human Rights Success Stories from Across the United States 33 immigrant workforce. Spanish-speaking workers It cultivated key alliances with faith and student were restricted to work that occurred after the groups, and carefully considered which pressure games were over, and paid even less. Women points would be most effective. Association endured sexual harassment on the job. All work - organizers decided to concentrate on lobbying ers were bringing home an average of $4 to $7 an state legislators and a newly elected Democratic hour—about the cost of a hot dog at the stadium. governor to bring temporary workers under the protections of the state living wage law. The success United Workers Association members visited Using the Poor People’s Economic Human state delegates and senators in Annapolis, the Rights Organizing Model , a leadership develop - state capital, targeting those who sat on the ment strategy developed by the University of House and Senate budget subcommittees which the Poor and the Coalition of Immokalee oversaw MSA finances. The increased presence of Workers (see Chapter 1), the newly formed the United Workers Association in Annapolis United Workers Association waged a three-year provided new opportunities to negotiate directly campaign to secure higher wages and better with MSA staff and to restate workers’ demands working conditions for Camden Yards workers. for improved workplace conditions and equitable Its efforts resulted in two concrete victories: pay. t In 2007, MSA voted to re-bid its cleaning The United Workers Association also placed sig - contracts to those agencies that would pay nificant emphasis on building public awareness at least Maryland’s living wage. The man - and support. For example, it organized a five-day, statewide tour that included workshops and ral - date increased hourly pay to $11.30 for all lies. Thirty members and allies staged simultane - janitorial workers at Camden Yards. ous protests at Camden Yards and at another t During the following year (2008), the United MSA-owned site in a nearby city. Workers then Workers Association led a successful union returned to Baltimore for a mass march and a drive at Camden Yards that put in place for - kickoff concert titled “Summer of Unity.” With mal grievance procedures and other protec - street theater, musical performances, and gospel tions against harassment and exploitation. singing, 400 workers and allies brought visible attention to human rights violations occurring at Camden Yards. The strategy Organizing temporary workers at Camden Yards By the close of the statewide tour, the Association presented several challenges. There was high had a committed membership of 1,000 workers turnover, and given the role of multiple temp and several student, labor and faith groups firmly supporting their cause. On August 15, 2007, the agencies in hiring, workers felt little affiliation United Workers Association announced that 15 with any single employer. Moreover, because of its members and allies would begin a hunger Latino, black and white workers were encour - strike on Labor Day, unless MSA entered into aged to compete with one another, there was no negotiations with stadium workers. The fresh unified constituency ready to be mobilized. round of media publicity opened the door to Appealing to principles of universal human meetings with dozens of legislative leaders, rights, the United Workers Association began the including those who had led to push for the hard work of developing a member base that state’s living wage law and had direct influence crossed diverse ethnic and racial constituencies. over state contracts at Camden Yards. The media

34 Perfecting Our Union coverage also culminated in the Association’s 2007—three years after UWA began its cam - first face-to-face meeting with the governor, dur - paign—MSA voted 5-2 to re-bid the cleaning ing which its members communicated the scope contract to agencies willing to pay no less than of human rights violations at Camden Yards. the state’s living wage of $11.30 an hour. These meetings substantially altered the dynamic with MSA. Instead of negotiating with MSA The human rights impact staff, the United Workers Association now had a So how did human rights help carry the United direct line to the chairperson of MSA’s board of Workers Association from an abandoned fire - directors, and received his assurance that he house to winning the first living wage contract would support a living wage for Camden Yards for temporary workers in Maryland? The cam - workers. paign drew less heavily on international law stan - dards than some others profiled in this volume. The turning points Even so, the values of human rights and an unwa - vering commitment to universal dignity infused A key turning point occurred two weeks later, at all of its core strategies: membership recruitment, a gubernatorial press conference commemorating community building, and leadership develop - the state’s newly passed living wage law. In his ment. remarks on the wage law and its protections for workers, Gov. Martin O’Malley explicitly called Human rights-based membership develop - on MSA to follow both the spirit and the letter of ment. Todd Cherkis, a leadership organizer with the living wage law. the United Workers Association, describes human rights as a central principle in developing mem - With the governor on board, UWA’s campaign bers. The organization is committed to achieving quickly came to a conclusion. On September 8, dignity and respect for all members, and it delib -

Human Rights Success Stories from Across the United States 35 “When you start organizing people around human rights, they start having the same vision for change. He’s a human being and I’m a human being, and together we will fight for respect and dignity.”

Luis Laren

erately uses human rights language in outreach undergo a deliberate process of exploring and and recruitment. Staff and UWA members visited understanding them. Camden Yards and asked workers about the con - ditions there. Were they being paid enough to Retreats and community events are regularly feed their families? Could they afford even basic scheduled, and become a space in which members health care and clothing? Did they feel safe and can meet each others’ families, eat Latin respected on the job? American and soul food, and share their distinct life experiences. The Association has even sent Home visits are an important means of follow up some of its native-born U.S. members to Central that help to build trust and personal relation - America, where they tour Latino members’ ships, said staff and members. During a home hometowns and learn about the local conditions visit, United Workers Association members make that prompted residents to seek work in the it clear that they are interested in more than United States. The United Workers Association is whether employers are following the wage law; also committed to becoming a bilingual organiza - they also want to know if workers’ human rights tion, so that all members feel equally enfran - are being protected. chised. Spanish-speaking members are strongly The Association’s inclination to describe the encouraged to learn English, and English-speak - poverty wages and degraded working conditions ing members, Spanish. as human rights violations—essentially offering As Luis Laren, a leadership organizer from an alternative vision of economic human rights Guatemala, explained, “Latino workers used to for all people—also helps to build trust, commu - feel that African-Americans have more opportu - nity and solidarity with prospective members. nities, but then we learned about police abuse “The human rights framework is really about values, and our demands are an expression of issues and the barriers that ex-offenders face. We those values,” said Todd Cherkis. “It is what gets talk about immigration issues, and African- people in the room to overcome division and gets Americans come to understand our limits and our us to a place of having that first conversation.” hardships better. When you start organizing peo - ple around human rights, they start having the Human rights values in building cross-racial same vision for change. He’s a human being and community. The United Workers Association I’m a human being, and together we will fight for membership is largely composed of Latino immi - respect and dignity.” grants and African-Americans, who initially came to the organization with pre-conceived ideas of Veronica Dorsey, an African American leadership each others’ circumstances. Cherkis attributes the organizer and long-time resident of Baltimore, Association’s success in uniting diverse and some - agreed. “We can’t demand respect if we don’t times oppositional communities to an underlying respect each other. The Association builds that commitment to the values of human rights. bond of self-esteem and awareness of what we Rather than simply brush past these differences represent—dignity and respect. If that doesn’t or view them as barriers, Association members start at home how can we expect it back?”

36 Perfecting Our Union Human rights in leadership develop - is subsequently reviewed by a committee drawn ment. The United Workers Association takes from the local community. seriously the participatory aspect of human rights organizing. It employs the Poor People’s Economic Human Rights Organizing Model , a Obstacles and accomplishments leadership development strategy refined by the When the workers returned to Camden Yards in University of the Poor, the former training school the spring of 2008, they were in fact paid an of the Poor People’s Economic Human Rights hourly wage of $11.30. However, poor treatment Campaign. These leadership trainings have of the workers continued. The United Workers enabled workers to view their experiences—of Association therefore led one more push to sup - being marginalized, severely underpaid, and port workers at Camden Yards. exploited—as a reflection of where political and economic power is centered, and not simply as During the course of the baseball season, mem - personal misfortune or lack of effort. bers carried out a successful union drive, with over 80 percent of the workers voting to form a Members describe their participation in the local American Federation of State, County and United Workers Association as a two-way Municipal Employees (AFSCME) branch among exchange: their participation brings people stadium workers. This was the first union power and commitment to the organization, contract to be signed among Camden Yards while the Association provides them with politi - workers. Since then, over 300 of the United cal education and new skills, through three mutu - Worker Association members have signed up for ally reinforcing leadership development pro - union cards. Workers have job contracts and grams. One of these programs, the Leadership wages in writing, and are able to access a formal Forum, is open to all interested members; it is grievance procedure that protects them against responsible for community building and educa - harassment and exploitation. tional programming. A second track, the Cooperative Development Project, trains mem - bers to develop and sustain cooperative enterpris - The road ahead es. It seeks to build a green cleaning service The Camden Yards victory was gratifying, but that allows members to utilize their skills and marked only the beginning of the United Workers reduce their dependency on temporary agencies Association’s work. for income. After surveying workers in Baltimore’s different The third program, the New Organizers’ Project, industrial sectors, the Association identified is the Association’s most advanced leadership restaurants at the Inner Harbor—a popular development program. Open to approximately tourist destination on the city’s waterfront—as a six members each year, it is a paid training pro - major source of human rights violations. Workers gram that provides a basic orientation to human at several Inner Harbor restaurants reported rights organizing, as well in-depth instruction in poverty-level wages, withheld tips, unpaid hours, political and economic theories of poverty. lack of health care and sexual harassment. During the second year, participants receive instruction on skills needed to carry out cam - In October 2008, the United Workers Association paigns, such as media messaging, public speak - announced a new campaign to support those ing, membership outreach, and strategy develop - workers. While the campaign at Camden Yards ment. Over the third year of the program, partic - focused on increasing wages, the Association’s ipants are expected to produce a dissertation that work at the Inner Harbor explicitly seeks to

Human Rights Success Stories from Across the United States 37 secure a broader set of human rights, including t Human rights education of poor people access to health care, education and a living wage was crucial to the overall success of the for all workers. In a ceremony marking the con - campaign. The core of the United Workers tinuation of their efforts and the development of Association’s efforts is on building leader - new leaders in the struggle, Association members ship skills from within its own membership and staff marched from the famous ballpark— base. This approach builds sustainable lead - which now recognized the workers’ human right ership in an otherwise transient community. to decent pay and safe working conditions—and It is not a simple strategy, however; it passed a flag to restaurant workers that declared requires a commitment to reserving time for Baltimore’s Inner Harbor a “human rights zone.” all participants to reflect and methodically strategize together. The organization’s successful use of human rights has prompted other social justice groups to t Human rights require monitoring and reconsider their strategic frame. The Maryland governing structures, upfront. The work - Legal Aid Bureau, a key ally and partner profiled ers at Camden Yards experienced a setback in Part IV, has adopted human rights as a new after they won the living wage campaign strategy to improve its representation of the because there was no grievance procedure in state’s poorest residents. The United Workers place to process complaints or enforce their Association is also supporting other organiza - workplace rights. With this in mind, the tions that focus on the leadership of the poor, Association is creating worker-led human including an alliance of taxicab drivers in rights councils among workers in the Inner Philadelphia. Harbor. When a worker complains to the council, workers from other restaurants have When the work begins to feel overwhelming, agreed to protest the conduct, thereby pro - Veronica Dorsey reminds herself, “We are tired of tecting individual workers from retaliation band-aid solutions. This is about ending poverty, and cultivating solidarity within the mem - and I need to be part of the United Workers bership. Association because of that.” t Human rights movement building requires time and multiple-year funding. Lessons learned The United Workers Association credits part t Emphasizing human rights values of dig - of its success to funders who provided long- nity and equality is an effective way to term funding and the capacity to carefully reach a disjointed group of workers. In plan and execute a strategic campaign. Edu - labor organizing, human rights can help to cating funders about the value of human transcend the lack of strong ties to a single rights in empowering marginalized commu - employer or job site. nities has been a crucial part of its work.

38 Perfecting Our Union CHAPTER 4: Racial Profiling at the Border: The Border Network for Human Rights and the American Civil Liberties Union

A grassroots organization of human rights promoters joined forces with the nation’s largest civil liberties organization to bring international attention to law-enforcement abuses in one of the largest cities on the Texas-Mexico border, and to end racial profiling by a local sheriff.

The starting place homes of Latino families in poor neighborhoods, El Paso, Texas is ground zero in the battle over without warning or warrants, demanding to U.S. immigration policy. A city of 750,000 peo - see papers. ple, El Paso lies just across the Rio Grande from Life became even more complicated for these res - Ciudad Juarez, Mexico and is one of the most idents when local law-enforcement authorities heavily used crossing points on the 2,000-mile joined in the pursuit of illegal immigrants. In long international border. From most vantage 2005, El Paso’s long-time sheriff began partici - points in the city, it is possible to see a brown pating in a state- and federally financed initiative steel wall rising in the distance. This is the highly called Operation Linebacker. The initiative was controversial border fence ordered by President supposed to target violent criminals and drug George W. Bush during the 2007 debate over traffickers at the border. It had far wider impacts, immigration reform. however, as sheriff’s deputies began stopping people in poor neighborhoods of east El Paso for This stretch of the U.S.-Mexico border increas - minor traffic violations, asking for Social Security ingly looks and feels like a war zone. The ranks cards. Officers set up roadblocks to question of the U.S. Border Patrol, a law-enforcement divi - drivers and passengers, and raided private homes sion within the Department of Homeland and businesses in search of illegal immigrants. Security, nearly doubled from 9,000 officers in Anyone who could not produce identification 2000 to more than 17,000 officers in 2009. was turned over to the Border Patrol. Today, there are 2,700 Border Patrol officers sta - tioned in the El Paso region alone. As far as residents of east El Paso were concerned, the anti-crime offensive amounted to The militarization of the border has had serious ethnic profiling of brown-skinned people. An implications for the quality of life of poor Latinos investigation by The El Paso Times confirmed in El Paso. Ten years ago, federal Border Patrol this impression. It revealed that in the first six agents frequently stormed into the yards or months of 2006, sheriff’s deputies had turned

Human Rights Success Stories from Across the United States 39 4,756 undocumented people over to the Border free speech, the right against unwarranted search - Patrol for civil immigration violations, but that es and seizures, and the right to due process and only a fraction of these arrests involved drug or equal treatment. other criminal charges. For every drug arrest, BNHR views human rights as essential to its cen - sheriff’s officers had detained seven undocument - tral mission of mobilizing community members. ed immigrants. 14 “Human rights offer us a powerful role for par - ticipation by communities through action and The success direct consultation,” said Garcia. “Traditionally, Using human rights participatory documentation organizations are built with a board of directors as a principal strategy, the Border Network for that defines the priorities from the top. The chal - Human Rights (BNHR) and its allies have lenge is to create a truly representative network reduced complaints of Border Patrol harassment that has the voices of communities at the table.” by over 70 percent. Garcia speaks from experience. BNHR emerged in the 1990s from a more traditional advocacy The Border Network and allies from the group called the Border Rights Coalition. The American Civil Liberties Union (ACLU) also suc - coalition was convened by lawyers and profes - cessfully leveraged international shadow report - sional activists, and employed a staff member ing on civil and political rights to pressure the who did Know Your Rights trainings and wrote local sheriff to discontinue the abusive policing reports documenting abuses. operation. When Garcia took over the leadership in 1998, he changed the name to the Border Network for The strategy Human Rights and steered the organization in a BNHR occupies the ground floor of a squat stuc - different direction. BNHR adopted a charter co building in east El Paso. Founded in 1998, the organized around 14 essential principles, drawn Network was organized to confront abuse and from the Universal Declaration of Human Rights, harassment of Mexican immigrants in border which speak to the right to education, health care communities. Its larger purpose, however, is to and the right to integrate, among others. facilitate the education, organizing and participa - tion of marginalized residents to promote their BNHR also adopted a more participatory human right to dignity and equality. approach. It began providing intensive leadership training to develop human rights promotores — Today BNHR’s membership is about 600 families human rights promoters—who would be respon - of mixed legal status—that is, citizens, legal resi - sible for forming local human rights committee in dents and undocumented people. According to their own neighborhoods. Director Fernando Garcia, “We are fighting the notion that undocumented immigrants have no BNHR now has around 60 human rights promot - rights, and working in a context of militarized ers and 26 human committees scattered across law enforcement.” western Texas and southern New Mexico. The human rights committees—many of them based BNHR’s work flows from three sources: i) the in extended families—meet each week to discuss human needs and real-life experiences of immi - problems and how to respond to them. grant communities living in border states; ii) the Documentation of human rights abuses is no Universal Declaration of Human Rights; and iii) longer delegated to professional experts. Instead, the U.S. Constitution—particularly the right to it is a community-wide event; people knock on

40 Perfecting Our Union doors and set up reception tables during an inten - The shift to participatory documentation meth - sive one-week period when testimonies are taken. ods also raised BNHR’s credibility and influence with the Border Patrol. “In the 1990s, we were All 4,000 members vote each winter to elect a perceived as loony tune activists giving the steering committee, which helps to set the policy Border Patrol a bad name,” said Fernando agenda for the organization. Elected leaders Garcia. “Now people cannot say that, because it develop recommendations, which are then taken is community members doing the talking and the back to local human rights committees and to a documentation.” Community leadership also group of volunteer lawyers, who refine them. improved the quality of the Border Network’s reporting, Garcia added. “People have more trust The turning points to talk to a fellow community member than someone from a distant office.” The shift to participatory methods in the late 1990s slowly began to curtail abuses by Border But just as harassment from the Border Patrol Patrol officers. As the number of active human was diminishing, racial profiling by local law rights committees began to grow, relations enforcement—the sheriff’s office—began to esca - between the federal Border Patrol and local resi - late in 2005. Leo Samaniego was an elected sher - dents began to improve. When residents began iff of long standing. He enjoyed strong support hanging banners that declared their membership from El Paso’s mayor at a time of rising anti- immigrant sentiment. in BNHR, patrol officers who once stormed into homes late at night would drive by but not come Through its regional network of organized com - in. Complaints about the Border Patrol dropped mittees, BNHR was quickly able to mobilize by over 70 percent during a five year period. 6,000 signatures on a petition demanding that

Human Rights Success Stories from Across the United States 41 The International Covenant on Civil and Political Rights

The ICCPR was adopted by the UN General other opinion, national or social origin prop - Assembly in 1966 and ratified by the United erty, birth or other status (Articles 26, 27); States in 1992. The treaty requires t signatory countries to respect and ensure: freedom of speech and association (Article 12); t t the right to life and freedom from arbitrary freedom from arbitrary arrest and detention execution, torture and slavery (Articles 6-8); (Article 9); and t t equality before the law, without regard to the right to political participation and the race, color, sex, language, religion, political or vote (Article 25).

Samaniego be removed from office. Members ral - about the rise in police profiling of immigrants lied to document cases of harassment and ques - after 9/11. tionable stops. One 73-year-old woman The ACLU urged BNHR to submit its own, more described being questioned about why she was detailed record of what was happening in border walking in her own neighborhood. Another regions. Within days, the network had put respondent described a climate of fear so perva - together a 23-page report. In Geneva, sive that a neighbor was unwilling to call the Switzerland, the ACLU lobbied members of the police when her daughter was raped. Newspaper United Nations Human Rights Committee to surveys following coverage of BNHR reports address the militarization of the U.S. border and showed that 60 percent of El Paso residents its impact on the human rights of local residents. opposed the stop-and-question policy. The issue caught the attention of the commission - Facing mounting criticism, in early 2006 er from Argentina, who asked for more detail Samaniego announced that he would temporarily before the next day’s hearing. BNHR hurriedly e- suspend roadside identification checkpoints. But mailed responses from El Paso, in Spanish and he insisted he was just following the law, and that English. During the hearing, commissioners sharply questioned U.S. government officials other elements of Operation Linebacker would about the situation in El Paso and other border continue. communities. Use of United Nations mechanisms. Soon Back home in El Paso, the headline in the local after, in the spring of 2006, ACLU staff from the Spanish language newspaper declared, “ACLU Texas affiliate and national headquarters in New and local activists take sheriff to the UN for racial York came to El Paso to host a workshop for profiling.” The drumbeat of local coverage put advocates on racial profiling and human rights. pressure on the mayor and legislators in Austin, The training was part of an ACLU-wide effort to the state capital, to rethink support for the polic - introduce human rights concepts and tools to its ing initiative, which was later de-funded. local affiliates and allies. Staff was gearing up to submit a shadow report to the United Nations Human Rights Committee on the United States’ The human rights impact compliance with the International Covenant on BNHR’s success in stopping abusive policing Civil and Political Rights (ICCPR), a treaty rati - illustrates the power of both human rights organ - fied by Congress in 1992. The ACLU was deter - izing and creative advocacy around international mined to include as much information as possible human rights treaties. Because the United States

42 Perfecting Our Union “We are invested in immigration reform, but our people aren’t only facing a lack of papers—we are also facing other human rights struggles, in regards to housing, health care, and education. We need to connect to those struggles to make larger change.”

Fernando Garcia

is obligated to report to the United Nations every facing a lack of papers—we are also facing other four years on its compliance with treaties it human rights struggles, in regards to housing, has signed, this creates an opportunity for U.S. health care, and education,” Garcia added. advocates to bring international scrutiny to “We need to connect to those struggles to make human rights abuses occurring in places with larger change.” large numbers of politically marginalized resi - dents, like El Paso. The accomplishments The international advocacy before the UN Other immigrant communities in Arizona and Human Rights Committee was a catalyst, but it is New Mexico have begun to replicate BNHR’s clear that the win would not have been possible successful organizing methods. For example, its without sustained organizing on the ground, model has been adopted by sister organizations before and afterward. Fernando Garcia said, like the Border Action Network, which has 12 “The press around the shadow report was very human rights committees in southern Arizona. useful: people locally and internationally started Together the organizations established a tri-state paying more attention. But if we didn’t have the Border Community Alliance, through which they community organized, and hadn’t built key share strategies and work cooperatively. alliances around the human rights framework, the shadow report wouldn’t have worked.” Chandra This alliance has transformed itself from a purely Bhatnagar, a staff attorney with the ACLU, local grassroots network into a national policy agreed. “The local folks drove the bus; we were presence. In order to facilitate its policy work, allies helping to get information to new parties.” the Alliance organized a US/Mexico Border Enforcement and Immigration Task Force in In its early years, BNHR also had to navigate ten - 2006. The task force includes elected mayors and sions with local immigrant rights groups over its county commissioners, faith leaders, grassroots decision to reconstitute itself as a human rights community groups, academics and law-enforce - organization. Colleagues in the region were skep - ment officials from the border region. Notably, tical. “At first, our allies in the immigrant rights its membership includes both the new sheriff and community didn’t believe it would work, because the police chief of El Paso. we were not framing our work in terms of immi - grant rights,” Garcia recalled. “But we felt it The task force has developed over 70 recom - wasn’t just about immigrant rights—it’s about mended guidelines for border enforcement that how people in society are treated. We are invested would improve enforcement while reducing civil in immigration reform, but our people aren’t only and human rights violations. A key demand is

Human Rights Success Stories from Across the United States 43 that border agents receive thorough training The road ahead in human and constitutional rights, and that a Going forward, a key priority for border commu - formal process be instituted for reviewing com - nities is to exert greater influence over federal plaints in partnership with local communities. policy as the debate over immigration reform Training is a grave concern as the Border Patrol heats up again in Congress. This time, they have rushes to meet a federal goal of expanding to the organizing capacity and the policy connec - 21,000 officers by 2010. tions to be a player at the table from the start. BNHR believes that its success in attracting the Meanwhile, the human rights model developed leadership of politicians and law enforcement by the Border Network for Human Rights is being adapted by other immigrant communities is fundamentally related to its use of a broad around the nation who are facing racial profiling human rights message. This focus framed the and harsh enforcement tactics. Across the coun - issue not just in terms of immigrant rights, but in try more and more local police have taken up terms of community safety more generally. immigration enforcement—traditionally consid - Sheriff Richard Wiles, who replaced Leo ered a non-criminal federal issue. The program— known as 287g for the section of the 1996 immi - Samaniego in 2008, recently testified in favor of gration law that authorizes it—has now depu - the task force’s recommended reforms before tized 66 policing agencies across 23 states to Congress. “The safety and security of everyone arrest people for immigration violations. While in the county is clearly the main responsibility the program is promoted as a means of deporting of the sheriff. This responsibility can and must serious criminals, some policing agencies have be discharged without engaging in racial profiling abused their authority to profile and remove which, by its very nature, is illegally invasive immigrants. Until recently, the largest 287g pro - of personal liberties,” said Sheriff Wiles. gram in the country was operated by Sheriff Joe

44 Perfecting Our Union Arpaio of Arizona’s Maricopa County, which in the community—as an issue of public includes Phoenix. Arpaio’s commando-style raids safety and human rights. This message of immigrant neighborhoods have drawn a feder - helped it forge relationships with elected offi - al investigation and scores of lawsuits. cials and law enforcement agencies, and changed the focus of debate from “illegal In 2008, BNHR brought over a dozen grassroots immigrant rights groups from non-border regions immigration” to community security. to El Paso for a three-day training in human t International scrutiny can help drive local rights organizing methods. It is also translating change by highlighting the seriousness its human rights training manual into English, to of the problem. “The fact that you have an facilitate its use by others. BNHR continues to international body investigating a local prob - struggle, however, to find consistent funding for lem makes news,” said Chandra Bhatnagar its own, important work at the border. Its annual of the ACLU. But follow-up immediately budget is only $600,000, and most of its after a UN reporting or other international resources go toward building the capacity of its mechanisms is critical. “The international human rights committees—which, once opera - framework doesn’t come to us—we need to tive, help to sustain themselves through dues and go to it,” said BNHR’s Garcia. local fundraising. t International advocacy is more powerful “Some people tell me I shouldn’t talk human when done in combination with commu - rights to foundations,” Garcia said. “But I always do. It is precisely when no one wants to hear nity organizing and participation. Inter - about human rights that it is most relevant.” national mechanisms are marginally effective without a strong community engagement in place to advance recommendations and push Lessons learned local reform. “Building community capacity t Human rights can help bring non-tradi - becomes a key element to advance the tional allies to the table. BNHR talked human rights struggle in the United States,” about racial profiling—and the fear it sowed Garcia said.

Human Rights Success Stories from Across the United States 45 CHAPTER 5: The Prison Rape Elimination Act: Just Detention International, Human Rights Watch, and Amnesty International USA

Human rights activists and survivors helped to pass national legislation holding government officials accountable for ending rape in prison, and are leading the charge to see it meaningfully implemented.

The starting place at risk of attack. Women in custody are routinely subjected to sexual coercion, abusive touching I was raped by at least 27 different inmates and voyeurism by male prison staff. over a nine-month period. When I went to prison, I was 28 years old. I weighed 123 eUr -ntil a few years ago, many prison wardens tol pounds, and I was scared to death . . . . Within smaatelld rape in their institutions. Outside of a two weeks, I was raped at knifepoint . . . . The ed for handful of guards who have been prosecut physical pain was devastating, but the emo - rape, corrections officials were rarely held tional pain was even worse. accountable for tolerating, encouraging or them - selves participating in sexual abuse of prisoners Because I was raped, I got labeled as a “fag - in their custody. got.” It opened the door for a lot of other predators. Even the administrators thought The barriers to change were formidable. Shame it was okay for a “faggot” to be raped. They discouraged inmates from talking publicly about said, “Oh, you must like it.” having been raped; fear of retaliation prevented Bryson Martel, Just Detention them from reporting it. People assumed that rape Survivor Council member was an inevitable part of prison.

Bryson Martel is one of thousands of men and The success women who suffer the pain and indignity of rape In 2003, the U.S. Congress passed—by unani - every year in American prisons and jails. mous vote—the Prison Rape Elimination Act Although incidents of sexual violence in prison (PREA). It was the first civil law in the United are notoriously underreported, the U.S. govern - States to address sexual violence in prisons and ment estimates that at least 85,000 inmates - and jails, and is the only piece of legislation in recent perhaps twice that number - are sexually abused memory aimed at improving—rather than tough - in American prisons and jails each year." 15 ening—the treatment of people in prison. Young, gay and mentally ill inmates are especially The PREA requires that all detention systems

46 Perfecting Our Union in the country take a zero-tolerance approach to rape and other forms of sexual abuse of those in custody. Human rights activists persistently raised the issue, conceived the legislation, and helped push for it to be passed in Congress. New draft standards, recently issued by the National Prison Rape Elimination Commission, emphasize human rights principles of independent auditing, public reporting, and government accountability to end a long-ignored form of abuse.

The strategy The story of the Prison Rape Elimination Act (PREA) begins with the determination of victims to have their abuse acknowledged and addressed. In 1980, a group of prison rape survivors came together to form an organization dedicated to Bryson Martel, Just Detention International Survivor Council member and rape survivor. ending sexual violence in prisons and promoting mental health and support services for survivors. For its first 20 years, Stop Prisoner Rape (SPR) national database of offenders and withdrawal of was run by former-prisoner volunteers coura - federal funding for facilities that failed to prohib - geous enough to speak publicly about their expe - it staff-on-inmate abuse. riences of being sexually violated. No matter what crime someone might have committed, SPR JDI was at the same time expanding its mission members argued, rape is not part of the penalty. from direct services and support to include inter - Later renamed Just Detention International (JDI), national human rights advocacy. It brought on an it works to transform public attitudes and gov - executive director and board members with ernment practice on sexual violence in the United expertise in international human rights. Current States, South Africa and the Philippines. JDI director Lovisa Stannow said, “Our basic philosophy is that when the government removes Beginning in 1995, Human Rights Watch (HRW) someone’s freedom, it takes on an absolute and Amnesty International issued a series of responsibility to protect that person, including reports, All Too Familiar, Not Part of the Penalty, from sexual abuse. Whether perpetrated by and No Escape , on sexual violence in American prison officials or by other inmates, prisoner prisons. These reports marked the first time that rape is a breach of international human rights, prison rape was talked about as a violation of and an act of torture.” human rights, and put the issue on the radar screen for reform. HRW helped to introduce Courts have interpreted both the U.S. legislation in Congress, “The Custodial Sexual Constitution and international law to consider Abuse Act of 1998,” to address routine sexual rape in prison a crime. In 1994, the U.S. Supreme abuse committed by prison staff. The legislation Court said that sexual abuse “is not part of the never came to a vote, but it was an important penalty that criminal offenders pay for their precursor to the PREA in that it called for a offenses against society.” To be held accountable

Human Rights Success Stories from Across the United States 47 under U.S. law, however, prison officials must of prisoners, who are often left beaten, bloodied have failed to take reasonable steps to prevent a and defenseless against attacks. known threat of assault, or one that should have Cahill also recruited Michael Horowitz, a former been apparent. Under international standards such as the Convention against Torture, by con - Reagan administration official then at the trast, inmates are not required to prove knowl - Hudson Institute, a conservative think tank. edge or deliberate indifference on the part of Horowitz recruited fellow conservatives to the prison officials. Instead, the standards require the cause, including Prison Fellowship Ministries government to protect inmates in their custody (PFM), a Christian advocacy group founded by from harm, period. This distinction is important two former politicians, Chuck Colson and because in the reality of prison environments, Patrick Nolan, both of whom had served time in fear of retaliation discourages many inmates federal prison. from reporting attacks. “Folks here were initially reluctant,” Nolan said. “They felt it would make our donors and volun - The turning points teers uncomfortable.” But PFM founder Colson convinced staff that prisoner rape was a violation In 2000, Tom Cahill was the president of JDI’s that must be ended. He made it a regular topic Board of Directors. A veteran of the Air Force, of discussion on his daily talk show on Christian Cahill was gang-raped 30 years earlier while radio. PFM brought in other conservative jailed for participating in an anti-Vietnam War faith-based groups, such as Focus on the Family protest. Cahill sent a letter to his congressional and the Traditional Values Coalition. representatives about the problem of prisoner rape and the need for federal action to combat it. This left-meets-rights coalition of conservative The letter described in graphic terms the suffering religious groups and human rights organizations

48 Perfecting Our Union “When the government removes someone’s freedom, it takes on an absolute responsibility to protect that person, including from sexual abuse. Whether perpetrated by prison officials or by other inmates, prisoner rape is a breach of international human rights, and an act of torture.”

Lovisa Stannow

began to work together to build a bipartisan doubts about whether the United States needed coalition in Congress. The message: prisoner rape such a law.” is a basic violation of human dignity. The Senate bill was ultimately introduced by a liberal Little more than a year after its introduction, the standard-bearer, the late Edward Kennedy of PREA passed both houses of Congress unani - Massachusetts, and conservative stalwart Jeff mously in July 2003. President George W. Bush Sessions of Alabama. signed it into law on September 4, 2003. The law makes prison officials responsible for preventing Opposition to the legislation was quiet, but and responding to the rape of inmates in their intense. It came mainly from prison officials and custody, whether committed by corrections offi - state attorneys general who worried that new cials or by other inmates. Specifically, the PREA regulations would be costly and burdensome calls for binding national standards aimed at pre - to implement. As a result, $60 million was venting sexual abuse; statistical tracking of the authorized in the legislation to help prison problem; and monetary grants to states to com - systems to comply. bat this form of abuse. One clear challenge was to convince people that The PREA also borrows a human rights strategy rape is not just an unpleasant fact of life of “naming and shaming”: it requires that the in prison, but a preventable breach of security. three best- and two worst-performing prisons (as Prisoner rape is frequently the subject of jokes ranked by the Bureau of Justice Statistics) report from late night comedians, and sniggering com - annually to a national review panel. The worst- ments from talk show hosts. But, as JDI performing systems are called to account for their Executive Director Lovisa Stannow observed, lack of progress in combating sexual violence. “Contrary to pop cultural portrayals, prisoner High-performing prison systems are given an rape is not an inherent or inevitable part of opportunity to explain best practices. prison life. It’s essentially a management problem. In well-managed prisons, you have low Supporters had little time to bask in their victory; levels of abuse.” there was additional work to be done. The PREA did not itself prescribe specific reforms, but The voices of survivors would prove critical instead called for a commission to devise national in humanizing the issue and overcoming compla - standards for correctional facilities that would cency. In June 2003, JDI organized a congression - address sexual violence. al briefing called “Stories of Survival: Recognizing Rape Behind Bars.” According The subsequently formed National Prison Rape to Stannow, “These survivor accounts had a Elimination Commission (NPREC) included nine tremendous impact. They became a turning point members from across the political spectrum, in the discussion about PREA, removing any including Jamie Fellner of HRW, Patrick Nolan of

Human Rights Success Stories from Across the United States 49 Prison Fellowship Ministries, and Brenda V. If implemented, the standards will constitute a Smith of American University, a human rights sea change in correctional practice, where lack of expert and leading figure in efforts to eliminate transparency is the norm. The U.S. Attorney sexual abuse of women in custody. JDI helped to General will have one year to publish a final rule identify and prepare prison rape survivors to tes - making the standards binding on all federal tify at public hearings the NPREC held across the detention facilities; if approved, state facilities country. It also worked closely with a committee that do not comply will risk losing federal fund - of NPREC members and corrections officials to ing. help develop the standards. The commission’s report accompanying the draft standards explicitly names prison rape as a seri - The accomplishments ous human rights violation. It also places respon - sibility on the government to eliminate a practice The Commission’s deliberations took far longer too long considered inevitable: than any of its members imagined. Six years later, in 2009, the commission issued an exceptionally Individuals confined in correctional facilities strong set of draft standards addressing sexual or under supervision in the community must violence in prison. The standards mandate that be protected from sexual predators. They do every prison and jail, whether public or private, not relinquish their fundamental human have written standards mandating zero tolerance rights when they are incarcerated or other - for all forms of sexual abuse. The draft standards wise constrained. They still have the right to be treated in a manner consistent with basic mirror many of the provisions in the Standard human dignity, the right to personal safety, Uniform Rules for Treatment of Prisoners, a set and the right to justice if they become vic - of international best practices for humane incar - tims of crime. 16 ceration, by requiring: Judge Reggie B. Walton, chairman of the t staff training and inmate education on the NPREC, also acknowledged the central role of right to be protected from abuse; survivors in influencing the committee’s delibera - t prompt investigation of complaints of sexual tions. Survivors’ harrowing stories of abuse, he abuse and medical attention to victims; wrote, fundamentally challenged commissioners’ “own assumptions and perspectives to fully t an annual plan by all prisons to combat sex - understand the far-ranging nature of the prob - ual violence, including stepped-up security lems and the potential for solutions.” measures and special protections for vulner - The standards are already changing practice and able inmates; lives on the inside, even before they become law. t rigorous internal monitoring, and independ - Oregon’s prison system was one of the first to ent audits of institutions’ compliance with deploy a Sexual Assault Response Team to pro - PREA standards to be published every three vide protection and medical and psychological years; and assistance after an assault occurs. Many states have since followed Oregon’s example and now t reforms to the Prison Litigation Reform Act, have teams that respond to identified assaults. a federal law passed in the 1990s which Michigan has made compliance with the NPREC severely limits prisoners’ ability to file griev - standards part of the settlement of a longstanding ances in court. lawsuit on the sexual abuse of women in custody,

50 Perfecting Our Union brought by human rights attorney Deborah cussion to include sexual abuse of women prison - LaBelle. ers, according to several human rights advocates involved in the campaign. Race likely played a The human rights impact role, as well, advocates said: some studies showed that white men were at higher risk of being raped What accounts for the remarkable consensus in than others, and these victims may have elicited Congress on prisoner rape, a topic most people an extra measure of sympathy. would rather avoid, during an era of extreme par - tisanship in Washington? Human rights also helped in several respects. The bipartisan consensus emerged from a variety “Some of the key champions of this issue are of factors: the horrific, often violent nature of the politically conservative individuals,” Lovisa abuse, newly framed as preventable; the absence Stannow said. “I attribute their involvement to a of strong economic arguments against reform; basic human rights concept; the key players came and the involvement of socially conservative reli - together around the idea that prisoner rape is a gious groups. The fact that forced homosexual breach of the right to dignity. We at JDI framed sex was at issue clearly motivated some of the prisoner rape as torture, while others used slight - religious organizations. Human Rights Watch ly different language.” had issued a report, All Too Familiar , in 1996 on sexual assault of women by male prison staff. It “The whole thrust was human rights,” Nolan helped to advance state level reforms, but never agreed. “Those of us in the religious community galvanized the kind of political interest at the fed - talked about prisoners being children of God, eral level that the issue of male rape did. Only made in His image, and that it is our obligation when male-on-male rape was on the political to defend them. The secular groups talked about agenda were advocates able to broaden the dis - human rights. It helped.”

Human Rights Success Stories from Across the United States 51 Does the unanimous passage of the PREA mean fear of sexual assault, staff can grasp this aca - that everyone in Congress believes that prisoners demically, but it can be hard to impose on the have human rights? Not necessarily, advocates ground,” Williams said. noted. “For many people who signed on to the legislation, the concept of dignity helped embody Meanwhile, JDI and other advocates are encour - the values and concerns they had about this aged that reports of rape in states like California, issue,” said Jamie Fellner of HRW. “For others, where reforms are being implemented, have however, the notion of dignity was divorced from increased. This may not mean that more rapes are human rights.” occurring, but it suggests that inmates feel safe enough to speak up. This, say human rights advo - cates, is a first and important step on the road to The road ahead ending prison rape altogether. Going forward, JDI and colleagues at American University’s Project on Addressing Prison Rape, Lessons learned led by Commissioner Brenda V. Smith, are mak - ing the training of prison guards a first priority. t Human dignity can establish a common This is based on the recognition that it is up to ground between conservatives and pro - front-line officers to create a genuine culture of gressives. As noted by Lovisa Stannow, zero tolerance for rape. “When we first proposed “The basic values that are expressed in human rights trainings for prison guards in human rights are values on which there is 2005,” Lovisa Stannow said, “people were already broad agreement: that all people rolling their eyes. They said we won’t get access, have a right to dignity, and to be treated as and people won’t care.” full-fledged human beings.” The response? Surprisingly positive, according t With public officials, talk about human to JDI staff and corrections officials with whom rights as something positive and desir - the organization is partnering. able, not only in terms of violations. “It “JDI has been an excellent partner,” said Max doesn’t work to be antagonistic with prison Williams, director of the Oregon Department officials,” Stannow observed. Instead, advo - of Corrections. “They have said, ‘Let’s help cates can usefully frame human rights as a you think about this from a victim’s mindset.’ positive set of values that everyone can rally We’ve also helped them understand the chal - around. lenges from an operations standpoint. Now, t Participation of those most affected cat - at the senior level of [prison] administration, rec - alyzed and improved the reforms. The ognizing respect for the human rights of inmates PREA campaign relied on a bedrock princi - is a foregone conclusion.” ple of human rights: that those who have suf - That is not to say that implementing zero toler - fered violations should speak for themselves ance of sexual abuse will be easy. “When we talk and help devise solutions to address the about a fundamental human right to live without problem.

52 Perfecting Our Union PART 2: Vindicating Survivors

Domestic violence advocate Jessica Gonzales and her attorneys Steven Watt and Caroline Bettinger-Lopez CHAPTER 1: The Burge Torture Cases: The People’s Law Office and the Midwest Coalition for Human Rights

A civil rights law firm and community activists teamed with international human rights advocates to end official impunity around a 20-year practice of torture at a Chicago police station.

The starting place suffocated with plastic bags and anally raped with cattle prods. For the hard cases, Burge’s offi - In May of 1973, Burge came to my house. cers would bring out what they called the “nigger At the police station, they slapped me in the face and put me in a chair. They had a box”—a black box with electrical conducting brown paper bag, with a black box in it with wires, which they used to shock the ears and gen - wires. They put wires on my handcuffs, and itals of prisoners. on my ankles, and electrocuted me. They put This scene conjures apartheid-era South Africa, an [unloaded] shotgun in my mouth and but in fact describes interrogations in Area 2 and pulled the trigger. Then they put a plastic 3 police headquarters on the south side of bag over my head. One time, I was able to Chicago between the years of 1972 and 1991. bite through it to breathe. But with the other bags I couldn’t. I passed out three, maybe The brutality was not an occasional overindul - four times. gence by a rogue officer, but routine practice: more than 100 cases of torture over a 20-year Anthony Holmes period, all under the supervision of Jon Burge, have been confirmed by public officials. Twelve They were all poor, black and accused of murder of the 100 torture victims were sentenced to or gangbanging. Some were as young as 13 years death after giving confessions under coercion. old. All were arrested and brought to police head - quarters for questioning by Detective Jon Burge The success and a team of white officers under his command. For more than 25 years, a dedicated group Burge’s team knew how to close cases. While sen - of lawyers battled a wall of silence and cover-ups ior law-enforcement officials looked the other by local officials to expose these crimes and hold way, police detectives routinely tortured suspects police officers accountable. They were eventually until they confessed. Arrestees were interrogated joined in their efforts by community and human while tied to hot radiators; they were subjected to rights activists as the Campaign to Prosecute mock executions and Russian roulette; they were Police Torture. After bringing the case to the

54 Perfecting Our Union attention of the United Nations and regional In 1987, Wilson’s conviction was overturned human rights bodies, the campaign eventually by the Illinois Supreme Court, on grounds that succeeded in: his confession had been coerced. He was convict - ed of the killings again in a new trial—without t pressuring federal prosecutors to arrest the tainted confession—and sentenced to life in and prosecute Burge in 2008, 36 years prison. But with the Supreme Court’s findings of after his reign of torture began; torture in hand, Wilson insisted on doing some - t getting the Chicago City Council to create a thing none of the other suspects from Area 2 new city agency charged with investigat - headquarters had been willing or able to do: sue ing allegations of police abuse, in 2007; Jon Burge for having violated his civil rights. and He contacted the People’s Law Office, a group of t helping to pass a new Illinois state law maverick lawyers famed for having defended creating an independent commission that Black Panthers and protesters at the 1968 will investigate every case of the 22 Burge Democratic National Convention. Wilson asked torture victims still in prison, in 2009. for their help in suing Jon Burge for brutality. By this time, Burge was a well-known and revered As of this writing, Burge still awaits trial. But figure in police circles; he had been promoted to his arrest and indictment alone constitute a major commander of a special violent crimes unit. The victory for his victims and their supporters, many People’s Law Office took the case anyway. of whom have waited 35 years to see him brought to account for these crimes. As word of Andrew Wilson’s lawsuit began to circulate, the People’s Law Office received an anonymous letter from a police source that both The strategy confirmed Wilson’s account and identified others No one wanted to believe Andrew Wilson when who had been similarly tortured. More victims he first came forward in 1982 with a story of began to come forward, including: having been tortured by a team of white detec - t tives in Area 2 headquarters. Wilson was accused Anthony Holmes: confessed to 35 crimes of killing two white police officers while on the while strapped to the black box; run from a burglary; his arrest ended one of the t Darrell Cannon: electrically shocked on his most intensive manhunts in the history of the city genitalia with a cattle prod and threatened of Chicago. When Wilson was brought in to the with a shotgun; and stationhouse, he was handcuffed to a hot radia - tor. Officers applied electric shocks to his penis t Leroy Orange: raped with cattle prod, suffo - and pressed lit cigarettes over his body. cated with a plastic bag, and electrically shocked with the black box. After Wilson finally confessed to the killings, offi - cers sent him, bruised and burned, to the Cook Civil suits on behalf of these and other defen - County jail. A doctor who treated his injuries at dants began to be filed. Documents unearthed in the jail sent a letter to Richard Daley, then head the course of the litigation revealed that former of the State Attorney’s office, asking for an inves - Mayor Jane Byrne (who served from 1979 to tigation into possible police abuse. The prosecu - 1983), current Mayor (and former chief prosecu - tor’s office not only declined to investigate, but tor) Richard Daley, as well as the city’s current used Wilson’s confession to prosecute him for prosecutor, a man who had once represented Jon capital murder. Wilson was sentenced to death. Burge, had known about the allegations of abuse

Human Rights Success Stories from Across the United States 55 Torture victim Andrew Wilson after interrogation by Police Detective Jon Burge.

in the Area 2 station house but had done nothing officers. The campaign, which included the to stop it. Justice Coalition of Greater Chicago, Citizens Alert, and the Illinois Coalition to Abolish the After years of hard-fought litigation, the Chicago Death Penalty, got thousands of people to sign Police Department finally fired Burge in 1993. petitions calling for the prosecution of Burge and Wilson eventually won his civil lawsuit against Burge in 1996, with the city ordered to pay near - his officers. They packed the court hearings of ly $1 million in damages. Burge victims. But dozens of other cases from the Burge era Advocates were elated when, in 2002, the state of remained unresolved, as state courts denied Illinois agreed to appoint a special prosecutor to claims or ruled that the accusations of abuse were investigate the Burge cases. Around the same too old to prosecute. Lawyers representing 10 of time, the new science of DNA testing was reveal - these defendants began working with victims’ ing Illinois’ death row to be an epicenter of family members, criminal justice advocates, and wrongful convictions—with the sentences of at South Side community organizations to strate - least thirteen inmates overturned on grounds of gize. They formed the Campaign to Prosecute innocence. Burge’s stationhouse figured promi - Police Torture, and demanded that authorities nently in a separate report that found that the appoint a special prosecutor to reinvestigate state’s capital punishment system was fraught every allegation of police torture by Burge and his with error. In response, Gov. George Ryan com -

56 Perfecting Our Union muted the sentences of every death row prisoner lynching and the Negro question in international in the state in 2003, and issued complete pardons forums. But the Dixiecrats didn’t want Jim Crow to four Burge torture victims—Madison Hobley, to be known.” This history strengthened Willis’ Stanley Howard, Leroy Orange and Aaron resolve to publicize the case internationally. Patterson—on the basis that they were forced to falsely confess. Willis contacted colleagues in Chicago with expertise in international human rights. Susan But the special investigation of Burge’s actions Gzesh, a law professor at the University of would drag on for four years, with no resolution. Chicago, and Bernardine Dohrn, from the Local activists eventually became convinced that, Northwestern University School of Law, agreed with so many high level city officials implicated to help. Both are members of the Midwest in the case, the special prosecutor might never Coalition for Human Rights, a network of organ - agree to bring charges. izations and individuals that works collaborative - ly to protect human rights in the region, nation - ally and internationally. They decided to seek a The turning points hearing before the Inter-American Commission An important change in tactics occurred in 2005, for Human Rights (IACHR), a regional body that when Stan Willis, a civil rights attorney who rep - hears human rights disputes under the auspices of resented several Burge defendants, suggested tak - the Organization of American States. ing the fight to the international stage and pre - senting it as a case of torture. Gzesh and Dohrn cautioned that because the commission had only advisory powers, it could What motivated the suggestion to use interna - not force the United States to take action. But, tional human rights? they added, an IACHR petition might help put “A broken ankle,” recalled Willis with a laugh. additional pressure on the special prosecutor. On a snowy day in January 2005, Willis had The hearing before the IACHR was held in slipped and fallen on his stairs. Unable to walk, Washington, D.C. in the summer of 2005. David he worked on his cases from home, while listen - Bates, who spent years in prison for a crime he ing to the radio and cable news. Each week said he falsely confessed to under torture, testi - brought new revelations that U.S. military and fied, as did international law experts from the other government personnel had tortured Midwest Coalition for Human Rights. detainees at Abu Ghraib prison in Iraq and at Guantánamo Bay in Cuba, and had sent dozens The IACHR hearing drew local press coverage more to CIA black sites where torture was a near and kept the Burge cases in the news. Because the certainty. petition was filed in an international venue, it named the United States as the party ultimately “I said, wait a minute, we have torture right responsible. As a result, the IACHR case forced here,” Willis added. “I said to my team, ‘We need federal officials to pay attention to an old, com - to raise this on the international level so that the plicated and damning set of allegations. Lawyers world knows that the United States is not an from the U.S. Justice Department, called to innocent party in this discussion.’” The news that defend the case, said nothing during the hearing the U.S. government was trying to redefine tor - but took notes. ture and evade responsibility for human rights violations under international law struck Willis In the spring of 2006, advocates from the as both galling, and familiar. “It reminded me of Midwest Coalition for Human Rights also wrote African American leaders who had tried to raise about the Burge cases in a shadow report to the

Human Rights Success Stories from Across the United States 57 United Nations Committee against Torture, that while there was strong evidence of systemat - which comprises 10 torture experts from around ic police torture in 135 cases, the statute of the world. The shadow report, called In the limitations on the police abuse—three years in Shadows of the War of Terror , was co-authored state court, and five years in federal court— by two human rights attorneys, Andrea Ritchie had lapsed, and none of the officers could be and Tonya McClary. It included detailed informa - prosecuted. tion about the years of torture in Chicago’s Area 2 police headquarters, the common use of TASER The special prosecutor’s investigation took four stun guns by police, and the refusal of public offi - years and cost the city nearly $7 million. A signif - cials to bring law-enforcement officials to justice icant share of that sum stemmed from paying in the Burge cases. for Jon Burge’s legal defense in the civil lawsuits. The city had also continued to pay a full pension The shadow report was submitted to the to Burge, who had been fired but was then living UN committee as it was conducting a periodic comfortably in Florida. review of the United States’ compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or The accomplishments Punishment (CAT), a treaty signed and ratified The People’s Law Office and anti-torture coali - by the federal government in 1994. On May tion did not abandon their efforts; instead, they 19, 2006, the Committee against Torture issued pressed the case for justice before the Cook its findings. It highlighted the Burge cases in County Board of Commissioners. In a hearing the same paragraph in which it condemned the use of torture by the United States in the Iraq held in July 2007, victims testified about the War. It wrote: abuse they suffered at the hands of detectives in Areas 2 and 3. Human rights experts spoke The Committee noted the limited investiga - about the significance of the UN Committee tion and lack of prosecution in respect of the against Torture’s findings. allegations of torture perpetrated in Areas 2 and 3 of the Chicago Police Department. In response, the Cook County Board issued a res - The State party should promptly, thoroughly olution that i) called on the local U.S. Attorney’s and impartially investigate all allegations of office bring federal charges, in light of Illinois’ acts of torture or cruel, inhuman or degrad - failure to do so; ii) asked the Illinois Attorney ing treatment or punishment by law-enforce - General to grant new hearings in the 26 cases of ment personnel and bring perpetrators to tortured African-American men who were con - justice, in order to fulfill its obligations victed and remained in prison; and iii) called on under article 12 of the Convention. the U.S. Congress and the Illinois legislature to The report’s findings were covered by interna - pass a law criminalizing torture, with no statute tional newswires and the Chicago media, which of limitations. ran headlines like “Chicago Police Torture Subsequently, attorneys and activists held a hear - Inquiry Needs to Go Further,” and “UN Has ing at the Chicago City Council which led 17 Harsh Words on Alleged Police Brutality.” Alderman Ed Smith to write a letter to the U.S. Two months later, in July 2006, the special Attorney’s Office, demanding that Burge and prosecutor finally issued his report on the Burge other officers involved be indicted in federal cases. However, as Willis and his colleagues court. The City Council also passed an ordinance had predicted, it was a whitewash. It concluded creating an Independent Police Review Authority,

58 Perfecting Our Union “For those of us who had worked many years on this case, to hear Burge named as a torturer at the UN was profound. It said that the international world cares, even though our local officials did not. That motivated us to keep fighting on.”

Joey Mogul which would have authority to investigate allega - The committee’s recommendations came at a tions of police misconduct in the future. crucial time, when the chances of prosecution seemed especially bleak. Joey Mogul, an attorney On January 9, 2008, ending what one alderman with the People’s Law Center who testified before called “a horrible chapter in the city’s history,” the UN Committee on Torture, recalled, “For the Chicago City Council approved settlements those of us who had worked many years on this totaling $19.8 million for four torture victims case, to hear Burge named as a torturer at the UN exonerated on Illinois’ death row. “This city still was profound. It said that the international world owes [an apology to] these people, who spent cares, even though our local officials did not. years in prison and some on death row, who were That motivated us to keep fighting on.” tortured in ways that put Abu Ghraib and Guantánamo Bay to shame,” Alderman Howard State and federal courts had already found that Brookins, Jr. said in announcing the settlement. 18 torture occurred and that confessions had been coerced; they had even reversed convictions On October 21, 2008, federal authorities finally based on that evidence. But the United Nations arrested Jon Burge in his Florida home. The was the first official body to demand that law- indictment did not charge Burge with torture; it enforcement officers be brought to justice for did, however, charge him with lying under oath their crimes. when he falsely denied having participated in tor - ture, during the course of a 2003 civil lawsuit “This was huge,” said attorney Joey Mogul, “in brought by exonerated death row inmate light of the fact that our public officials in Madison Hobley. Chicago had swept these allegations under the rug for decades. To have an international body The human rights impact act on our allegations was vindicating and val - orizing.” The long road to indictment resulted from a con - fluence of forces: persistent lawyers; determined Survivor vindication. The UN committee’s rul - survivors and dedicated family members; a ing and Burge’s prosecution also brought a wel - national mood of revulsion over U.S. complicity come measure of vindication for victims after in torture; and various missteps by Burge’s years of being dismissed and disbelieved. The lawyers. Human rights also contributed to a pos - accused were poor, black and accused of serious itive outcome in several important respects, crimes. according to advocates. “At the county jail, no one believed me,” recalled Political momentum. Although not directly Anthony Holmes, among the very first victims to enforceable by Congress or a court of law in the be tortured, shortly after Jon Burge was assigned United States, the ruling by the UN Committee to Area 2. “They said, ‘Nigger shut up or we’ll against Torture helped to legitimize the demand beat your ass.’ My lawyers also told me to shut for prosecution and keep advocates motivated. up about it.”

Human Rights Success Stories from Across the United States 59 be accused of that. A red flag goes up, and people in the city council take action.” Attorney Joey Mogul agreed that the torture alle - gation brought additional political attention. “Terms like ‘police brutality’ and ‘civil rights violations’ have lost their power,” she said, adding “Torture has specific meaning, and this is what it is.” Expansive concept of remedies. The human rights framework helped the lawyers in the case think bigger and bolder about remedies that Black box used by Detective John Burge to apply would address the totality of the harm, given electric shock during interrogation. legal roadblocks that prevented many of the Burge victims from bringing their own lawsuits in court. The concept of reparations doesn’t really Unfortunately, Burge and other rogue officers exist in our system of justice,” Mogul said. will likely never be prosecuted for the true extent “Instead one can only ask for [monetary] dam - of harm they caused: the years lost in prison by ages if you have grounds for a civil suit. Human those coerced into falsely confessing; the victims’ rights helped the attorneys to expand their think - lingering psychological trauma; and the grief of ing to larger political remedies that could help the their family members of those wrongfully entire class of affected victims.” accused. Nevertheless, the human rights frame - work—as well as the survivors in this case— In the course of raising these cases in internation - clearly view the official acknowledgement of al forums, the Campaign to Prosecute Police wrongdoing as an important measure of justice. Torture refined a list of five demands: Naming the abuse as torture. “Brutality means t the arrest and indictment of Burge and all of they slapped you around some,” said Burge tor - the officers who participated in torture; ture survivor Anthony Holmes. “That’s not elec - t trocuting you in a chair, with wires strapped to new court hearings for the 22 men still your genitals. It’s not suffocating you and putting in prison who were tortured and abused dur - a shotgun in your mouth and pulling the trigger. ing their interrogations at Areas 2 That’s a different ballgame. That’s torture.” and 3; Explicitly naming the abuse as torture was impor - t financial reparations and mental health tant not just to victims, but also in terms of fram - counseling for all the torture victims and sur - ing the case as one worthy of federal prosecution. vivors; Alderman Ed Smith, the city councilman who t a federal law that would criminalize acts of wrote the letter to the U.S. Attorney’s Office torture and cruel, inhuman or degrading demanding action, thinks the UN ruling had neg - treatment by law-enforcement officials (with ligible influence on the decision to indict. But the fact that the conduct was named torture was no statute of limitations); and immensely helpful, he said. “Anytime we hear the t financial damages against the state prosecu - word torture, it causes concern. We don’t want tor’s office, for knowingly accepting coerced officials who are supposed to serve and protect to confessions.

60 Perfecting Our Union It recently celebrated another partial victory, of the instances of torture were too old to when the Illinois legislature in 2009 passed a bill prosecute, it was tremendously important that will create a civilian Torture Inquiry and to victims that the case be prosecuted in civil Relief Commission. That commission is charged court, criminal court and then in interna - with reviewing the cases of the 22 Burge torture tional venues. victims still in prison. t International advocacy is more valuable Requirement of federal response. Because the when coupled with organizing on the United States is party to the international human ground at home. The lead attorneys in the rights treaties such as the Convention against Burge cases say that in retrospect, the strat - Torture and the race convention, inquiries by egy was too lawyer-focused, for too long. UN-sponsored bodies or officials require a feder - Ideally, there should have been more grass - al response. The IACHR petition, Committee roots organizing before going to the torture against Torture hearings, and special rapporteur’s hearings in Geneva (where the UN bodies visit all obliged federal authorities in the State were located). As Joey Mogul noted, “If you Department and the U.S. Attorney’s Office to don’t have an organizing campaign on the respond to an embarrassing case of local miscon - ground, you can’t expect findings on an duct. international treaty to change the day for you.” The road ahead t A human rights framework broadens As this publication goes to press, Jon Burge thinking about remedy from individual awaits trial on charges of perjury and obstruction to collective terms. In the Burge cases, of justice. The anti-torture campaign’s work is human rights helped civil rights lawyers shift not done, however. It continues to push for from a mindset of thinking only in terms of indictments of other officers known to have par - individual clients to demanding reparations ticipated in the torture of suspects, and for repa - for an entire class of victims, many of whom rations for all of the victims. were denied recourse in court. The bill creat - ing a review commission of unresolved cases is one example, as is the campaign’s demand Lessons learned for mental health counseling for all torture t Human rights are about accountability survivors, whether or not their convictions as much as outcomes. Even though many have been overturned.

Human Rights Success Stories from Across the United States 61 CHAPTER 2: Ending Domestic Violence: Jessica Gonzales, the American Civil Liberties Union and the Human Rights Institute at Columbia Law School

After losing three children to domestic violence, a grief-stricken mother uses a human rights tribunal to hold Colorado officials accountable for failing to enforce an order of protection against her abusive husband.

The starting place know if her girls died at the hands of her hus - On a June evening in 1999, the three daughters of band, or in the exchange of gunfire with police. Jessica Gonzales 21’ —Rebecca, 10; Katheryn, 8; Women’s rights advocates across the country and Leslie, 7—disappeared near their home in viewed the developments as a tragic reminder Castle Rock, Colorado, a small town south of that domestic violence restraining orders often go Denver. The girls were abducted by their father, unenforced, to the detriment of women and chil - Simon Gonzalez, in violation of a court restrain - dren. With the help of an attorney in Colorado, ing order that forbade him to come within 100 Jessica Gonzales filed a lawsuit in 2000 against yards of Jessica or their children, outside of the Castle Rock Police Department. She asserted scheduled visits. that the police had breached their duty to protect her and her daughters by failing to enforce a gov - Over the course of 10 hours, Jessica Gonzales ernment-issued order of protection. contacted the Castle Rock Police Department repeatedly, pleading for help in returning her In November 2004, after conflicting opinions in the lower federal courts, the U.S. Supreme Court girls. But the police told her there was nothing agreed to hear Castle Rock v. Gonzales . Aware they could do, even after Jessica located her hus - that a finding in favor of Gonzales could signifi - band by cell phone at a nearby amusement park. cantly alter the legal landscape governing domes - Nine calls later, police still refused to intervene, tic violence and due process claims, civil and despite a state law in Colorado that mandates women’s rights organizations across the country arrest for violations of restraining orders. mobilized to support her appeal. Over 150 At approximately 3 a.m. the following morning, organizations, professional associations and indi - Simon Gonzales drove to the Castle Rock police viduals signed on to amicus curiae , or “friend-of- station and opened fire; he was killed by officers the-court” briefs. in the shoot-out that ensued. Officers then dis - On June 27, 2005—six years after the girls’ covered the dead bodies of the three girls inside death—the Supreme Court delivered a 7-2 his truck. To this day, Jessica Gonzales does not decision that seemed to defy all sense of justice.

62 Perfecting Our Union The court held that Gonzales had no individual t Advocates against domestic violence right under the Constitution to enforcement of have been inspired to use human rights her order of protection, and therefore could not to seek greater government accountabil - sue. With the authority of the Supreme Court ity. Policy advocates as well as legal services clearly conveyed, and without any additional lawyers who represent abused women are avenues in state court, Gonzales’ quest for justice now using human rights strategies and stan - for herself and her daughters seemed to come to dards to broaden their thinking about reme - an end. dies and policy solutions. To Gonzales, the refusal of the court to hear her claim that her family was wronged was like being The strategy victimized all over again. “I felt like everything I The IACHR is a regional human rights body knew to be true was a lie . . . it’s like getting socked “entrusted with promoting and protecting in your stomach and getting the wind knocked human rights” in the Americas. It has seven rotat - out of you,” she said. ing members, based in Washington, D.C., who consider claims of human rights violations by Her supporters were also discouraged. For advo - member countries and issue decisions on state cates, the decision painfully demonstrated the dif - responsibility. ficulty of holding police accountable to enforce orders of protection, given legal doctrines that The decision to take Gonzales’ case to the com - make them immune from lawsuits. “It was a real - mission was not an obvious one. The IACHR has ly deflating moment,” explained Caroline no direct authority to compel the U.S. govern - Bettinger-Lopez, a former ACLU attorney who ment to act; neither can it require the payment of continues to represent Gonzales through financial damages. At most, as Gonzales and her Columbia University’s Human Rights Clinic. supporters knew, the commission could release a series of strongly worded recommendations to government officials. It would then be up to the The success advocates to persuade federal and local policy - Over the next four years, Bettinger-Lopez, her makers to implement them. colleagues at the ACLU and Gonzales pursued Advocates decided to move forward with the an alternative route to justice. They brought IACHR regardless. The Gonzales decision was a case against the U.S. government to the the third Supreme Court ruling that limited reme - Inter-American Commission for Human Rights dies for individuals experiencing private acts of (IACHR). A final decision was still pending at the violence. Gonzales’ lawyers recognized that time this publication went to press, but the case domestic law was trending against them, and had already resulted in two beneficial outcomes: agreed that looking externally to international t Jessica Gonzales has been empowered by law offered some hope of reversing course. publicly sharing her story and seeking Filing a case in a human rights tribunal also accountability for the human rights viola - offered Gonzales the chance to publicly describe tions she suffered. She became a visible her ordeal and her frustration at the lack of gov - spokesperson for her own case and for ernment accountability for clear wrongdoing. a broader movement to reform domestic “Jessica Gonzales had never been afforded that violence policies in the United States small, but very significant opportunity to tell her and abroad. story before an official body,” said Steven Watt,

Human Rights Success Stories from Across the United States 63 the ACLU attorney who first suggested that U.S. courts. First, the international nature of the Gonzales take her case to the commission. “It case shifted the liability from the Castle Rock was the prospect of getting that opportunity to Police Department to the U.S. government. Under speak that compelled her to do it.” international law, a nation-state is the unit of government responsible for assuring the human There was also the hope that Gonzales would rights of its constituents. The case at hand there - finally get an official finding that she and her Castle Rock v. Gonzales daughters had been wronged, and that the police fore was no longer , but were partly to blame. Bettinger-Lopez said, “We Jessica Gonzales v. United States . wanted to have a space for Jessica to air her Second, the IACHR was interested in Gonzales’ grievances, in her own voice, through a process personal history. The petition was written in she could guide . . . and to give her family the Gonzales’ own voice. It described her troubled comfort of some public scrutiny and hopefully marriage to Simon Gonzales, the onset of his condemnation from an impartial body.” erratic and unpredictable behavior, as well as her Filing a petition. Under the rules of the IACHR, panic and grief the night her ex-husband abduct - Gonzales’ lawyers had six months after exhaust - ed the children. ing all possible domestic relief to file their peti - Making a case for admissibility. After the tion. ACLU lawyers began studying the proce - ACLU filed its petition in December 2005, the dures of the commission to identify the way to U.S. State Department responded with its own build the most persuasive case. They sought out brief. It both refuted the argument that the guidance and advice from organizations that had United States has an affirmative duty to protect deep experience litigating cases there, such as the individuals from private acts of violence, and Center for Justice and International Law. defended its record on violence against women. The ACLU attorneys noted two key differences In particular it cited the 1994 passage and subse - between this forum and domestic litigation in quent implementation of federal legislation, the

64 Perfecting Our Union “This was the first time I had ever been heard in a cour t . . . it lifted a burden of having to carry the facts and the details of what I knew to be true. To have an audience with the State Department was probably the best part of it. Not just being able to say it and recount it, but that they had to listen.”

Jessica Gonzales

Violence against Women Act (VAWA), to address Ninety organizations and individuals submitted the problem. briefs in support of the Gonzales’ position. These briefs refuted the U.S. government’s claim that In March 2007, Gonzales was granted an VAWA provided ample protections for domesti - “admissibility” hearing in front of the IACHR— cally abused women and children. In the briefs, essentially, a hearing on whether an arguable legal service providers described a revolving door legal claim existed. Lawyers argued the legal of domestic violence cases they saw every day in points at the session, but the main feature of the family court. Other briefs discussed additional hearing was Jessica Gonzales’ testimony. measures that federal and local government could Speaking to a packed room, Gonzales related her take to protect abused women, such as language experiences with domestic violence and how the and job training; housing security; and economic Castle Rock Police Department had repeatedly support for those who have no resources to leave refused to enforce the order of protection despite an abusive partner. her pleas and growing concern that her daughters In October 2008 the IACHR held a follow-up were in danger. She described feeling re-victim - hearing, at which Gonzales had a second oppor - ized as she tried to learn the facts behind her tunity to testify. The government’s delegation daughters’ deaths and to seek justice from local included representatives from the State authorities and the U.S. justice system. Department, an official from the town of Castle Rock, and staff from the Justice Department’s The turning point Office on Violence against Women. Also present were Gonzales’ mother, son, and representatives In October 2007, the commission issued a deci - from supporting national and international sion allowing Gonzales’ case to move forward. organizations. By allowing the case to proceed, the IACHR implicitly rejected the U.S. government’s claim Gonzales spoke about the unanswered questions that was nation-states are not obligated to she had about the girls’ death and the panic she protect victims of private violence. Previously felt when the police did not take seriously any of skeptical advocates recognized then that an inter - her nine phone calls. She related her grief over the national human rights strategy could help them fact that the girls are gone and that she may never to reframe an individual case of domestic know why. Finally, Gonzales spoke of her desire violence into a systemic issue that demanded gov - for reforms that will help women who experience ernment action. abuse in the future.

Human Rights Success Stories from Across the United States 65 In addition to bringing a petition before the IACHR, advocates called attention to problems of domestic violence enforcement before the United Nations.

The human rights impact VAWA that places special victim assistants in As of this writing, Gonzales’ still awaits a deci - local law-enforcement agencies. sion from the IACHR. Yet, the litigation has New strategies. In the eyes of many domestic already had several beneficial impacts for violence advocates, the Supreme Court ruling in Gonzales and other advocates against domestic Castle Rock v. Gonzales marked the end of the violence, several of which are discussed below. line for Gonzales. The international advocacy, Survivor empowerment. The lawyers’ hope— however, revitalized an otherwise lifeless cam - that international litigation would provide their paign. client with a sense of catharsis and empower - In addition to bringing a petition before the ment—was realized through the IACHR advoca - IACHR, advocates called attention to problems cy. of domestic violence enforcement before the Gonzales said, “This was the first time I had ever United Nations. In 2007 the UN Committee on been heard in a court . . . it lifted a burden of Racial Discrimination reviewed the United States’ having to carry the facts and the details of what I compliance with the Convention on the knew to be true. To have an audience with the Elimination of Racial Discrimination (CERD). In State Department was probably the best part of conjunction with a national effort to submit a it. Not just being able to say it and recount it, but joint shadow report (profiled in Part III’s chapter that they had to listen.” on the US Human Rights Network), domestic violence organizations came together as a caucus The international advocacy also put Gonzales at and submitted reports and recommendations to the forefront of efforts to reform domestic vio - the committee. The reporting process enabled lence laws and policies. In 2005, Gonzales testi - them to spotlight how abused immigrant women fied at the UN Human Rights Committee during encounter unique barriers when accessing legal its review of the United States’ compliance with and social services. They also described how the International Covenant on Civil and Political minority women disproportionately suffer when Rights. Gonzales also met with the UN Special police fail to enforce restraining orders. Rapporteur on Violence against Women, who later made an official inquiry to the U.S. govern - Legal services lawyers who participated in these ment about the case. international advocacy mechanisms say that human rights helped them overcome the frustra - Gonzales continues to receive speaking invita - tion of individual client representation, which tions from domestic violence organizations. She can sometimes feel like an endless parade of sim - has also met with law-enforcement associations, ilar stories by different women with little oppor - local police departments, and state and national tunity for larger change. Human rights standards policymakers to discuss her story and the need enabled these lawyers to focus on the systemic for reforms. problems that frustrated better outcomes for In 2005, U.S. Reps. Jerrold Nadler and Lois their clients: ineffective family court systems, Capps co-sponsored the “Jessica Gonzales poorly trained and distinterested police, and Victims Assistance Program,” an amendment to inadequate social services.

66 Perfecting Our Union Susana Fried, a women’s rights advocate & Caroline Bettinger-Lopez, counsel to Jessica Gonzales discuss the case.

The road ahead Jessica Gonzales is also finding ways to move for - As of this writing, Jessica Gonzales and her ward. She and her mother hope to open a healing lawyers at the ACLU and Columbia’s Human center in Colorado that would help abused women meet basic needs and give them a safe Rights Institute await a final ruling from the place to recover. They view this as a meaningful IACHR. way of transforming the tragedy into positive In the meantime, Bettinger-Lopez is assisting sev - action, in service of others. As Gonzales said, “I eral domestic violence organizations to incorpo - knew I had the potential [to effect change,] and I rate human rights standards in CEDAW and feel like I am where I should be. Now I know other treaties, which are more protective of vic - what I am capable of and see that something that tims’ rights, into local, state, and federal legisla - went so wrong, also gave me something so right.” tion. She also recently met with New York State policymakers about how human rights can be Lessons learned used to shape legislation. t Remedies for human rights violations can Amy Barasch, the executive director of the New take several different forms. The ACLU York State Office for the Prevention of Domestic staff members’ decision to take the case to Violence, said that her work with Bettinger-Lopez the IACHR was prompted by a broader view has helped her think more creatively about the of what many survivors of human rights government’s response to domestic abuse. abuses want, beyond money damages: clo - sure and a chance to have their abuse “Human rights issues are implicitly filtering into acknowledged. the work our office does,” Barasch said, especial - ly in regards to compliance with orders of protec - t Funding can determine the ability of an tion, employment and housing discrimination. organization to carry out international

Human Rights Success Stories from Across the United States 67 litigation. The decision to take the case to case, even though a positive result would not the IACHR was made easier by the fact that bring attorneys’ fees or compensation for the ACLU, a relatively well-funded organiza - their client. Smaller organizations and legal tion, was behind the effort. The ACLU and aid lawyers may not have the same capacity the Columbia Human Rights Institute were to explore every possible form of relief with - able to commit to the long-term nature of the out dedicated funding.

68 Perfecting Our Union PART 3: Building Alliances Through Human Rights

Human Rights Success Stories from Across the United States 69 CHAPTER 1: Winning Together: The United Congress of Community and Religious Organizations

Muslim, African-American, and Latino organizations in Chicago use human rights values to forge a multi-ethnic alliance to advance a stronger, more uni - fied agenda for policy change, rooted in human rights.

The starting place immigrants, many of whom felt especially isolat - For poor residents of color, Chicago at the turn of ed following the attacks of September 11, 2001, the 21 st century has been a time of dislocating are clustered in the southwest part of the city. change. Two decades of tough sentencing laws Inner-city families across the city were also reel - for low-level drug offenses had emptied black ing from a city-wide initiative to close 100 failing neighborhoods of husbands, brothers and public schools. In some neighborhoods, children fathers, only to return them years later with no had shuttled between five schools in as many skills, no job and—in an era of instant back - years. ground checks—little prospect of landing one. By 2005, some 55 percent of all adult black men The combined forces of gentrification, immigra - in Chicago had a felony conviction. tion, and school closings were dispersing Chicago’s poor population of color into new The neighborhoods these former prisoners came neighborhoods, across unwritten boundaries of home to were also changing rapidly. Beginning in race and gang allegiance. In a hyper-segregated, the early 2000s, the Chicago Housing Authority turf-bound city, people felt isolated, insecure and began to demolish scores of high-rise public encroached upon. housing complexes, making way for mixed- income redevelopment but leaving many long- The success time African-American residents without afford - able housing. In the midst of this climate of distrust, black, Latino and Muslim community leaders Immigration was also changing the face of the in Chicago came together in 2005 to forge a city. With more than 1.4 million foreign-born multi-racial, interfaith advocacy coalition. The residents, Chicago has the fifth largest immigrant United Congress of Community and Religious population in the nation. Latino immigrants Organizations (UCCRO) is an alliance of 10 have crowded into enclaves like Little Village, grassroots organizations representing every a neighborhood with the city’s youngest popula - low-income constituency of color in the city. tion but the least amount of green space. Muslim It emerged as a collective response to disinvest -

70 Perfecting Our Union ment in communities of color, and is based on Watkins decided her organization needed a the notion that groups must connect their issues strategy to consolidate power among groups in and struggles to build a long-term cooperative Chicago that cared about justice and economic agenda. opportunity for people of color. The glue that has bound these groups together, Watkins first approached the Coalition of across divides of religion, race and distrust, is a African, Arab, Asian, European and Latino human rights vision of common struggle and Immigrants of Illinois (CAAAELII) with her common rights. Providing a universal set of rights vision. She found a receptive audience in the and principles helped UCCRO to: coalition’s executive director, Dale Assis, and in Rami Nashashibi, director of the Inner City t break down identity politics and redefine Muslim Action Network (IMAN). group self-interest, thereby motivating Nashashibi is a scholar and activist whose broad, African-Americans to support immigration mischievous smile belies an organizer’s serious - and language-access reform, and immigrants ness of purpose. He had a keen sense of both to advocate for criminal justice reform; and the challenges and the potential of cross-racial t forge a multi-racial coalition and state-wide organizing: his own constituency included Muslims of Arab descent, as well those from policy agenda on offender re-entry, and win African-American and Latino backgrounds. state legislation that diverts low-level Nashashibi observed, “Muslims are seen either as offenders to drug treatment and clears th e victims or villains. Post 9/11, there was a hunger criminal records of those who succeed. within Muslim-American communities to engage with others who respect them, and see them as The strategy change agents.” Patricia Watkins is a plain-spoken Pentecostal The three activists realized that their central chal - minister. Since 1995, she has directed the TAR - lenge was to build a long-term alliance of values GET Area Development Corporation, a commu - and principles, as opposed to a coalition aligned nity non-profit on Chicago’s South Side. Watkins around a single issue or piece of legislation. They is blunt in assessing the impact of her life’s work. began by reaching out to selected community “For decades, we pursued isolated victories. leaders they thought would be supportive. These We sometimes won, but we won alone. Usually leaders were then charged with getting institu - tional buy-in from their boards and members. our victories have been myopic and short-lived.” This process of alignment was neither easy TARGET had a track record of success in win - nor quick. As a first step, the groups took time to ning resources and policy reforms for its commu - learn each others’ cultures. They prepared pre - nity. But Watkins recognized that African- sentations on their own community’s stories, Americans, her main constituents, comprised which were followed by visits to homes in each only 12 percent of the city’s population—never others’ neighborhoods. During the Muslim holy enough to exert significant influence in month of Ramadan in 2006, UCCRO organized the city council or the state legislature. For each a screening and discussion of a film about a useful reform that TARGET helped pass each Muslim slave at a large Pentecostal church. session, its leaders were unable to defeat the mul - The event drew 400 Christians and 700 Muslims, tiple legislative initiatives that were harmful many of whom had never been inside a church to the community. before.

Human Rights Success Stories from Across the United States 71 Human rights also brought an emphasis on dignity and values. “The United Congress’ motto is ‘mobilizing people, policy and ideals.’ The ideals part was missing.”

Reverend Patricia Watkins

The turning points headed several human rights projects designed to Initially, the work was framed exclusively around further cross-cultural understanding and a uni - racial justice. “But my vision of justice was fied human rights platform. The projects are always about everybody, not just us,” Rev. described below. Watkins said, “so we were using language like brotherhood and solidarity.” The human rights impact In 2007, Watkins started receiving emails from Human rights trainings on criminal justice the Opportunity Agenda, a communications and immigrant rights. One of UCCRO’s princi - think tank that had recently undertaken research pal initiatives has been to build a multi-racial on how to talk to Americans persuasively about base of support for immigration and criminal jus - human rights. “I felt like this was the language tice reform. This was risky because immigration I had been looking for,” Watkins recalled. reform was viewed skeptically by many black res - “Disparities are the foundation of our work, but idents, while criminal justice reform provoked human rights added a broader, more proactive fear among many immigrants. African-Americans framework of what we want.” Human rights also saw immigrants, some of whom were illegal and brought an emphasis on dignity and values that willing to work for less pay, as unfairly compet - Watkins felt was lacking from their platform ing and driving down wages for blue-collar jobs. “The United Congress’ motto is ‘mobilizing Many immigrants saw blacks as a criminal ele - people, policy and ideals.’ The ideals part was ment, deserving of whatever punishment was missing,” she said. coming to them. Meanwhile, opponents of immi - gration reform skillfully exploited tensions Using the Universal Declaration of Human between the groups. Rights as a starting point, UCCRO members wrote their own version that would address the To overcome this mistrust, UCCRO staged a specific challenges of urban communities of color “Human Rights Debate” game show featuring in the 21 st century. Still in draft form, UCCRO’s four mixed race, intergenerational teams. Each Grassroots Declaration of Human Rights refers team had 15 minutes to develop arguments, pro to conditions of poverty, gentrification and dis - and con, to the following questions: “You came placement that connect poor people in Chicago here illegally, so you should have limited rights” to counterparts in other large cities like London, and “You committed a crime, so you should have Rio de Janeiro or Paris, for example. UCCRO limited rights.” intends to use the document to frame its legisla - UCCRO also held six focus groups on human tive work. “We could easily do just census organ - rights, immigration and criminal justice in an izing,” Nashashibi said. “The declaration helps African-American, Latino and mixed immigrant keep us grounded in the human rights framework neighborhood, to see how different groups of a larger vision.” viewed the others’ experiences. “Human rights Leaders, staff and members of the 10 groups have allowed us to have value-based conversa - then refined a list of four core areas of common tions across communities,” said UCCRO coordi - interest: public safety, education, immigration, nator Josina Morita. “In focus groups, instead of and affordable housing. UCCRO has since spear - saying, ‘What does immigration mean for us?’ we

72 Perfecting Our Union Youth at UCCRO’s Intergenerational Grassroots Human Rights Program.

start with, ‘What do we like about our block? the need for both immigration and criminal jus - What don’t we like? What rights are being violat - tice reform, and presented them before several ed? What rights should all people have?’ It ends state legislators in a 200-person town hall meet - up being the same conversation across communi - ing in August of 2009. ties, with different content,” she noted. Youth leadership development. In the summer The focus groups revealed that African- of 2009, UCCRO launched a two-week training Americans and immigrants both experience for - session for youth from each of its membership midable barriers to employment. Undocumented organizations. Teenagers aged 13 to 20 devised a immigrants described the fear of being asked to pledge to uphold human rights for themselves provide a Social Security number on job applica - and others, and picked four issues of top concern tions. Black men discussed having to check the to them: violence and racial profiling; education; box for “prior conviction,” knowing that it was jobs; and the environment. They then divided a certain route to rejection. into mixed race teams and fanned out across five neighborhoods to conduct surveys with 300 resi - Participants also found they shared similar expe - dents. The teams spent the rest of the summer riences of family separation: kids with fathers in analyzing their findings and refining policy rec - prison; a parent who had been deported; and ommendations for UCCRO to consider. mothers afraid or unprepared to engage in any community activities. Multi-racial leadership The young people ultimately recommended that trainings followed the focus groups. Participants UCCRO take up issues of school displacement devised 10 human rights principles that speak to and underfunding. These were two common

Human Rights Success Stories from Across the United States 73 We’re grounding our policy work in human rights principles that don’t change, connected to an analysis of racial disparities that we want to change, which allows us to more effectively advocate for specific policies that do change year-to-year.

Josina Morita

problems which, existed across their neighbor - rights was a distraction. They wondered why hoods, whether blighted or undergoing gentrifi - UCCRO wasn’t focusing immediately on press - cation. ing issues of education, police brutality or com - prehensive immigration reform. How would a human rights framework open political doors? Obstacles Not everyone on UCCRO’s executive council UCCRO leaders gave two answers. Their first was initially receptive to human rights. A few response was that the time-consuming work of African-American leaders had participated in the relationship building had to precede an action World Conference on Racism in Durban, South agenda. Only when people saw the commonality Africa in 2001, but had subsequently struggled to in issues confronting one another could they relate those discussions to an average constituent, build a political coalition that would resist wedge who comes to them wanting action on apartment politics, and prove sustainable over time. repairs. These leaders wanted to know, how “There were coalitions doing good work, but it could human rights address everyday problems in was always focused on one or two bills,” Josina their neighborhoods? Morita said. “The coalition would disappear Watkins arranged for a presentation by Carol when it was accomplished. We needed a frame - Anderson, a professor of history at Emory work to build a long-term agenda. We’re ground - University and author of Eyes off the Prize: ing our policy work in human rights principles the United Nations and the African-American that don’t change, connected to an analysis of Struggle for Human Rights , a 2003 account racial disparities that we want to change, which of early civil rights leaders’ efforts to forge a allows us to more effectively advocate for specific human rights movement in the United States after policies that do change year-to-year.” World War II. The “prize” they sought, Anderson Second, members said that while they could not explained, was achieving the full spectrum of guarantee the reception that human rights would economic and social, as well as civil and political, receive in halls of power, they were confident rights—including access to decent housing, that the framework could produce a united polit - employment, and health care. ical front that would exert more influence in Anderson’s presentation ended the debate within the state legislature than they had mustered the executive council. UCCRO members decided working alone. that human rights could help advance conversa - tions already ongoing within UCCRO, and heal Accomplishments divisions among Chicago’s communities of color. With a strong base of community support behind Funders, however, remained skeptical. Several it, UCCRO succeeded in its initial policy reform long-time donors to groups within UCCRO initiatives at the state capitol in Springfield, thought that alliance-building around human Illinois.

74 Perfecting Our Union In 2009, UCCRO advocated for legislation that The road ahead would allow low-level drug offenders to go UCCRO is now working on its own Grassroots directly to treatment instead of prison; those who Human Rights and Racial Equity policy guide complete treatment successfully will now be and report card, modeled on one done by col - released with no criminal record. UCCRO lead - leagues at the Applied Research Center, a racial ers met with Gov. Pat Quinn to urge support for justice think tank. The report is intended to exert the bill, which was passed and signed into law in pressure on legislators and to solidify UCCRO’s 2009. Members are now pushing a new bill that own agenda by identifying bills its members most would expand alternatives to incarceration and want to push. On lobby days, the organization provide more services for offenders. plans to dispatch mixed teams of black, Hispanic, Asian and Muslim constituents to speak to legis - Funders are beginning to take note. Hilda Vega, a lators about issues such as language access, which program officer at Chicago’s Libra Foundation, are typically seen as the exclusive concern of said, “The United Congress seems to have done immigrants. an amazing job of bringing together a very UCCRO leaders believe that, with the move to diverse set of groups that have not been aligned.” human rights, they are holding policymakers At a recent presentation at the Chicago Donor more accountable than before. “Providing a uni - Forum, one early skeptic said that it was the most fied goal and clear standards for what we want powerful conversation she had heard in 20 years has allowed us to have an entirely different con - in philanthropy. versation with policymakers,” Watkins said.

Human Rights Success Stories from Across the United States 75 “Providing a unified goal and clear standards for what we want has allowed us to have an entirely different conversation with policymakers,”

Reverend Patricia Watkins

During a meeting with Gov. Quinn, UCCRO a common language of human rights, and to members changed their usual strategy of going in understand each others’ perspective. “What with three specific asks. Instead, they stressed would take one community group one that releasing tens of thousands of ex-offenders month to accomplish, because they under - to poor neighborhoods with no resources or stand the context, will take us three months rehabilitative services is a violation of their—and as a group,” Morita said. It also requires local residents’—rights to human security. additional staff time and resources from “We said, ‘This is the standard against which we member organizations to meet with one are holding you accountable,’” Watkins contin - another—in the case of UCCRO—to travel ued. “We demanded action on the legislation, but 45 minutes across town to meet with partner also a state-wide interagency plan for reintegra - organizations. Two groups in UCCRO tion of prisoners.” Morita added, laughing, “The dropped out of the coalition because they governor’s eyes got big.” lacked the capacity to participate meaning - fully. Then the governor’s chief of staff said he would put UCCRO on his calendar to discuss next steps. t Start alliance-building with community leaders, and then go deep. It was essential for UCCRO to first get the buy-in of recog - Lessons learned nized community leaders who could bring t Redefine what constitutes a “win” and a their constituents along. After that, the hard “measurable outcome.” Building relation - work of convening people to talk about ships and power across communities, and shared experiences began. deepening the analytical abilities of leaders t Convene joint board meetings to secure to connect issues are essential conditions for buy-in beyond executive directors. “In policy success in a pluralistic nation. This is IMAN, we put UCCRO into our strategic particularly true for groups that lack politi - plan, so that my organizers don’t have to cal or financial influence in the halls of defend why their time is invested in the Con - power. gress,” Rami Nashashibi said. t Supporting human rights alliance-build - t Develop the agenda and fundraise ing requires funders to step outside nar - together. According to UCCRO leaders, row grantmaking criteria. According to this coalition worked in part because Rev. UCCRO leaders, many funders who are Watkins approached them with an invitation enthusiastic about the organization’s work to develop priorities together, as opposed to have struggled over where to fit it within asking them to endorse a previously set issue-defined lines of funding. agenda. Watkins also walked her talk with t Human rights alliance-building takes funders: she advocated for partner organiza - time and extra funding. UCCRO’s tions with donors, insisting that TARGET alliance-building has been successful because could not do its work unless they were sup - the organization has taken the time to learn ported to work with her.

76 Perfecting Our Union CHAPTER 2: The U.S. Record on Race: The US Human Rights Network

A coalition of 400 social justice activists with diverse constituencies, issues and methods joined forces to demand that the United States meet its obligations under the Convention on the Elimination of All Forms of Racial Discrimination.

The starting place back. To these domestic advocates, universal The last decades of the 20th century were a per - human rights provided a platform for advancing ilous time for rights advocacy in the United the view that economic, social, civil, cultural and States. After a period of rights expansion in the political rights are interdependent—and thus 1950s and 1960s, by 2000 most kinds of rights equally important components of social justice. work had been under sustained attack for 20 This was often lonely work. In the United States, years by conservatives who argued that any dis - human rights were seen as having been achieved parities in the condition of women, racial minori - already domestically, or as being violated else - ties and the poor were a matter of personal fail - where. Most social justice groups and funders ing, not government inaction. Activists’ time was were working on single issues. In the wake of the consumed defending old victories as courts began to narrow the interpretation of civil rights laws September 11, 2001 attacks and the aggressive and Bill of Rights protections. Exacerbating these unilateralism of the second Bush administration, conditions were economic policies geared to sup - many donors and colleagues questioned the port the wealthy and upper classes, and as well as strategic value of using an international human the flight of manufacturing jobs overseas, which rights frame. were slowly destabilizing the financial security of To complicate matters, many of the activists who many working class Americans. were interested in human rights were themselves Against a shrinking horizon of domestic reme - poorly educated about how best to deploy it in dies, a growing number of U.S. activists began to their domestic work. People needed more infor - explore universal human rights standards as a mation as well as a mechanism for linking human means of advancing a more expansive vision of rights activists to one another. social justice. Many of these advocates were women who had attended the 1995 UN World The success Conference for Women in Beijing; they returned to the United States radicalized about the poten - With seed funding from the Ford Foundation and tial for applying a human rights approach to gen - Shaler Adams Fund, a diverse group of 50 der disparities at home. Others were civil rights activists helped establish a network that could advocates who recognized that poverty, as much connect and resource domestic human rights as discrimination, was holding their communities work.

Human Rights Success Stories from Across the United States 77 Five years on, the US Human Rights Network ratified by the U.S. Senate in 1994. It organized a (USHRN) is one of the broadest social justice delegation of 125 activists who traveled to alliances in the nation. Its membership has more Geneva, Switzerland to call the United States to than quintupled to 275 organizations and some account before the United Nations Committee on 1,400 individuals. Members include advocates Racial Discrimination. working on poverty, racial justice, disability rights, housing, and national security and The project was a watershed moment for a still- women’s rights. Many grassroots organizations young domestic human rights movement. Most are members, as are large human rights groups notably, it marked the first time that the U.S. gov - such as Amnesty International as well as national ernment was seriously challenged on an interna - civil rights and civil liberties groups that are tional stage by large numbers of its own citizens. beginning to reorient their programming around human rights, including the ACLU, the Asian The strategy American Justice Center, the Brennan Center for The mission of the US Human Rights Network is Justice, and the Center for Reproductive Rights. to strengthen the domestic movement for human In 2008, USHRN undertook an unprecedented rights by facilitating the exchange of strategies initiative to challenge the U.S. government to and resources, organizing and publicizing train - more forcefully combat racial discrimination. ing opportunities, and highlighting practical Working with a coalition of 400 social justice models of application. USHRN also promotes organizations, it coordinated a 600-page report collaborative advocacy among domestic activists on gaps in U.S. compliance with the Convention across issues and methods; links them to global on the Elimination of All Forms of Racial peers overseas; and works to raise the visibility of Discrimination (CERD), an international treaty human rights as tool for social change.

78 Perfecting Our Union The Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Ratified by the U.S. Senate in 1994, CERD defines petuate racial discrimination, including against discrimination broadly as “any distinction, exclu - non-citizens; sion, restriction or preference based on race, t color, descent, or national or ethnic origin which allows for, and in some cases requires, govern - has the purpose or effect of nullifying or impair - ments to use positive measures such as affirma - ing the recognition, enjoyment or exercise, on tive action to remedy racial inequities; and an equal footing, of human rights and the fun - t requires governments to address unequal and damental freedoms in the political, economic, discriminatory effects of existing policies, not social, cultural or any other field of public life.” just those that have a racially discriminatory intent. The treaty: t requires all signatory nations to amend or repeal laws and regulations that create or per -

At its launch in 2004, USHR hired Ajamu USHRN decided to organize and issue a shadow Baraka, a seasoned human rights organizer with report on gaps in the U.S. record with regard to Amnesty International USA, to direct its efforts. eliminating racial discrimination. It was clear “There was a consensus that the Network’s from the beginning that this effort would be a major challenge given the long list of potential charge was to build a people-centered human grievances, including: the abandonment of thou - rights movement,” he recalled. “But there was lit - sands of poor African-Americans in New tle clarity as to how that was to happen.” Baraka Orleans, before and after Hurricane Katrina dev - felt strongly that USHRN should seek to more astated the city; the mass profiling and detention closely link all sectors of the emerging human of immigrants; deep racial and ethnic disparities rights movement yet also prioritize training and in health care; substandard education in inner assistance at the grassroots, where passion about cities and on Native American reservations; and a human rights was greatest but resources and sky-high incarceration rate that disproportionate - ly affected racial minorities. funding weakest. USHRN initially anticipated that about 100 groups might want to work on a joint shadow The turning point report on CERD. That estimate proved to be far USHRN’s first nationwide test of mobilization too conservative—more than 400 organizations would come four years after its founding, in ultimately answered the call to participate. 2008. The United States was scheduled to report The tremendous interest was partly attributable to the United Nations on its compliance with the to good outreach by USHRN. Its staff and con - race convention, known as CERD. sultants made presentations at major social jus -

Human Rights Success Stories from Across the United States 79 tice conferences, encouraging activists to help gation. Several were lifted directly from the present a full and accurate picture of racial justice USHRN shadow report. For example, commis - problems in the United States. Network person - sioners asked delegation members about the fed - nel argued that a comprehensive, evidence-based eral, state and local governments’ inadequate report could help create international pressure on response to Katrina, racial profiling and Indian the U.S. government as well draw greater atten - land right claims. tion to their local issues of concern. The large number of signatories also reflects a rising inter - est in international human rights advocacy gener - The human rights impact ally. Fifteen years ago, no more than 10 American Perhaps the greatest accomplishment, though, NGOs were involved in the first official CERD was the fact that such a numerous and diverse compliance review for the United States. group of U.S. civil society groups participated and actively engaged the committee. Gay The process of drafting the 2008 shadow report McDougall, a former CERD committee member, was delegated to 30 different issue committees. said that for years the virtual absence of Among the issues addressed were immigration, American advocates at international human criminal courts, police brutality, women of color, rights reviews meant that government officials employment, and voting and housing. A subcom - were free to say whatever they liked with regard mittee of USHRN members devised criteria for to U.S. compliance with human rights standards. deciding which issues in the report would then be highlighted in the hearings in Geneva. “From the outside, the U.S. practice is very opaque,” McDougall observed. “The presence of Preparation for the hearings was intense. The U.S. NGOs in 2008 was extremely helpful in USHRN training caucus—led by the Human making clear to the members of the CERD com - Rights Project of the Urban Justice Center, Global mittee what the issues actually are in the United Rights, and the National Law Center on States. The shadow advocacy helps them to Homelessness and Poverty—traveled around the understand the nuances, and what would move country to orient advocates on the UN system us forward.” and how to conduct effective lobbying in it. With additional project funding, USHRN was able to USHRN also succeeded in bringing to the table sponsor the travel of several dozen activists to constituents who are rarely represented at inter - Geneva. national human rights hearings: small grassroots The U.S. government sent an unusually large and organizations and people who have directly suf - high-level delegation of 21 representatives, fered human rights violations. including the Assistant Attorney General for Civil Rights and the former head of the Equal Obstacles and accomplishments Employment Opportunity Commission, to Not everyone in the coalition left happy. The defend its record on race. In Geneva they faced Concluding Observations were comprehensive, 125 U.S. activists who were prepared to challenge but they did not address every issue raised by the official U.S. government report. advocates. Others complained that the forum The influence of the NGO shadow report and was dominated by lawyers and excessive gate- advocacy was evident in the questions directed by keeping. Lisa Crooms, a professor at Howard the committee members to the official U.S. dele - University Law School who served as coordinator

80 Perfecting Our Union for CERD project, conceded that the United advocacy groups,” observed Ramona Ortega, a Nations is an elite forum, and that its systems, founding member of the US Human Rights language and entry points frustrated some grass - Network. Out of necessity, the coalition’s steer - roots advocates who found them difficult to pen - ing committee established a process for prioritiz - etrate. But part of the point of the exercise was to ing issues and spokespeople who were most likely teach activists how to be effective in a new advo - cacy venue, Crooms said. “In this arena, to compel the attention of committee members. UN committee members speak a certain way. “The CERD effort attests to the founding princi - If you want to be heard, that’s the way you need ples of the network: that you try to bring together to talk.” a diverse and disparate group of people, working Key organizers also said that while one goal was on a wide range of issues, to demonstrate how to increase the diversity of participants, the proj - human rights provides a common language for ect was also explicitly designed to streamline everyone to both articulate their position and what would otherwise have been a din of compet - ing voices. “It would not have been either practi - engage in other advocacy. This was an experi - cal or useful for the committee members to ment that showed that it is both possible, and receive 100 different reports from 100 different very difficult,” said Lisa Crooms.

Human Rights Success Stories from Across the United States 81 The road ahead USHRN activists recognize that the lack of domestic structures for enforcing UN commit - tees’ recommendations are a major impediment to human rights accountability. They therefore have formed a national campaign to create new enforcement mechanisms within the U.S. govern - ment. The effort, called the Campaign for a New Domestic Human Rights Agenda, calls first for an interagency working group (IAWG) on human Perhaps the greatest challenge has been effective rights within the executive branch. The IAWG follow-up to the UN committee’s Concluding would comprise senior personnel in the National Observations. Too little attention and funding Security Council, the Office of Legal Counsel, the were devoted to devising a specific strategy as to Justice Department, the Department of how advocates could use the recommendations Homeland Security, and other domestic agencies. once they returned home. “You need to situate shadow reporting into a larger campaign, with a The campaign also seeks to establish a civil and concrete plan for re-engaging people,” Ortega human rights commission that would monitor said, “or otherwise you lose momentum.” She human rights complaints within the United States suggested that working groups be convened to and develop recommendations for action by fed - tackle implementation of a few specific recom - eral, state or local officials. Achieving a domestic mendations in the Concluding Observations. human rights commission will require new legis - Organizers also faced a significant structural lation and a strong showing of grassroots support impediment to follow-up. Although the State to get it passed. USHRN will play a key role in Department is responsible for drafting and sub - mobilizing the support of its base of members. mitting periodic reports on human rights to the Meanwhile, USHRN is pushing the Obama United Nations, there is no federal agency with administration to make CERD implementation a clear responsibility for implementing recommen - dations from UN committees. Once home, advo - priority. To that end, the coalition and its allies cates secured a congressional hearing on the are advocating for, among other things, the pass - CERD recommendations, before the House ing of the End Racial Profiling Act; eliminating Judiciary Committee. However, there was no sentencing disparities for crack and powder clear focal point or persons for advocates to tar - cocaine offenses; and ending the use of immigra - get, and the Bush administration showed no tion laws to target Muslim and Arab immigrants interest in acting on the recommendations. for deportation.

82 Perfecting Our Union “The existence of the Network has brought greater awareness of international standards to advocates, and has raised the profile of domestic scrutiny on important issues. This contributes to a climate in which there is awareness of the United States as a violator, and a feeling that we shouldn’t be.”

Lisa Crooms

Another important priority for USHRN centers than they could access domestically; and ii) on a 2010 deadline for the United States to report whether they have the capacity to follow-up to the United Nations on its progress on all four on any recommendations, once issued. As of the human rights treaties it has ratified. This human rights trainer Cathy Albisa advises, new process, called Universal Periodic Review “It is important to identify the value added, (UPR), will impose strict page limitations for sub - focus on capturing it, and build it in to a missions from NGOs and provide only limited clear and strategic work plan.” opportunities for testimony. Advocates recognize they may therefore need to shift strategic focus t Engage government officials about areas. As Crooms observed, “The most impor - treaty reviews in advance of interna - tant site of interaction won’t be Geneva, but tional advocacy. Although the Bush admin - hopefully will reside in a domestic interagency istration was generally dismissive of United group and a human rights commission.” Nations processes and unresponsive to advo - cates’ overtures, coalition leaders say that in In general, the visibility that USHRN brings the future, efforts should be made to engage is helping to make human rights a legitimate U.S. officials before advocacy begins over - frame for activists and funders alike. Heidi seas. Dorow is a program officer at Wellspring Advisors, a firm that advises individual donors t Use UN treaty reviews and recommenda - on international and domestic human rights tions to leverage meetings with officials investments. “The existence of the Network— at home. UN reporting mechanisms— whether you are a participating member or not— whether periodic reviews or visits from UN has brought greater awareness of international observers—can be used to secure meetings standards to advocates, and has raised the profile with local and national officials. When a UN of domestic scrutiny on important issues,” she advisory group on forced evictions recently said. “This contributes to a climate in which visited New Orleans, local advocates there is awareness of the United States as a viola - exploited the visit to broker a meeting with tor, and a feeling that we shouldn’t be.” the federal government’s Undersecretary of Housing and Urban Development. Lessons learned t Focus on local, not national, media cov - t Assess whether your work will be bol - erage. Advocates have learned that the most stered by international advocacy. Before effective media strategy on international investing time in an international human advocacy is local coverage that highlights rights tribunal or treaty review, advocates international scrutiny of problems in a spe - should ask themselves i) whether interna - cific community, and shames local officials tional norms bring a higher set of standards into responding.

Human Rights Success Stories from Across the United States 83 t Subsidize grantees to participate in inter - ence in 1995. Funders can help their grantees national conferences and advocacy. Many make these links by providing travel scholar - activists say they discovered the power of ships to participate in treaty reviews, site vis - human rights and developed a global analy - its overseas, or other international human sis of their work by attending international rights gatherings. It is important to give pri - conferences like the Durban Race Confer - ority to those advocates who have a clear ence in 2001 or the Beijing Women’s Confer - plan for follow-up once home.

84 Perfecting Our Union PART 4: Accountability to Human Rights Governments’ Obligations with Respect to Rights

The Duty to Respect Rights sons and refrain from discrimi - being threatened with vio - The duty to respect is the most nation on the basis of a list of lence. categories, such as race, gen - basic requirement of govern - der, property or other status. ments regarding rights. This The Duty to Fulfill means that governments must The duty to fulfill rights not do anything to interfere Duty to Protect Rights requires governments to take with or curtail a person’s enjoy - The duty to protect means that positive action to realize a per - ment of his or her rights. governments must protect indi - son’s enjoyment of his or her viduals and groups against human rights. With respect to human rights abuses by third The Duty Not parties (i.e., not part of govern - economic and social rights, for to Discriminate ment) – for example, by acting example, governments must The duty of non-discrimination to protect workers from work incrementally to meet all means that governments must exploitation or discrimination individuals’ right to health, promote the equality of all per - by private employers, or those food, shelter and education.

The case studies in Parts I through III highlight how human rights have accel - erated policy and legal reform on several single-issue campaigns. These are important developments for specific individuals and communities whose needs are now being addressed. But progress has been slower at higher lev - els of government, where far-ranging policy decisions are made. Human rights standards were conceived for the express purpose of defining the minimum obligations of governments to respect, protect and fulfill human rights across the board.

The extent to which—and when—advocates will This rather disturbing finding is countered by succeed in achieving the larger goal of govern - indications that a growing number of govern - ment accountability remains to be seen. Part of ment representatives—including justices on the the problem with ensuring human rights account - U.S. Supreme Court—are realizing that the United States benefits when it complies with ability stems from lack of knowledge. For exam - global human rights norms, if for no other reason ple, results from focus groups with local policy - than that it boosts the country’s credibility makers in Illinois and California, conducted by abroad. At the local level, city governments the Opportunity Agenda, indicate that most pol - across the country are beginning to use human icymakers are only slightly more aware than the rights standards for a different reason: to general public that the United States has specific improve the equity of their policies and accessi - legal obligations with regard to human rights. bility of their services.

86 Perfecting Our Union CHAPTER 1: Human Rights Accountability in Federal Government

After taking office in 2009, a new administration signals that it will take human rights enforcement more seriously. In response, a growing number of constituents and advocacy organizations push for ratification of treaties and improved mechanisms for government accountability to them.

U.S. advocates are increasingly using various is dependent on the degree to which these ideas regional human rights tribunals and mechanisms are in circulation. around the world to publicize rights violations in “Sometimes introducing human rights law is the United States and help build support for like putting a big sign that says ‘Kick Me’ on domestic policy change. These efforts have had a your back,” said one human rights lawyer. noticeable impact among important domestic “You have to choose your spots. But this is also stakeholders. Ten years ago, for example, com - how progressive law is made. You introduce new plaints by Americans to the Inter-American ideas as often as appropriate until they become Commission for Human Rights (IACHR) were so commonplace.” rare that the U.S. government never bothered to respond to them. The State Department now Thus, say many advocates, improved human rights enforcement in the United States depends takes this forum more seriously, mostly because on continually introducing seemingly “unen - the number of petitions filed against the United forceable” human rights concepts into courts States has nearly tripled over the last ten years, and legislatures until they become ingrained in to 75 in 2008. Today, the department always American legal practice. Ultimately, advocates files written answers and sends senior personnel hope, they will become non-negotiable principles to defend the cases. As noted in the Chicago of the U.S. justice system. torture cases profiled in Part II of this publica - tion, litigation in this forum helped put the cases on the radar screen of the U.S. Justice Treaty ratification Department, which eventually intervened to One of most obvious ways for governments to prosecute the abuses. uphold human rights is to ratify international human rights treaties. The Obama administra - The State Department’s growing responsiveness tion has proved much friendlier to such agree - illustrates a basic principle of human rights advo - ments than its immediate predecessor. At the time cacy: accountability starts with a demand. this report was finalized, in December 2009, As such, “enforceability”—often seen as the the new administration had been in office less Achilles heel of domestic human rights—is an than one year. Already, though, it had signed or incremental process. What this means in practice supported ratification of several international is that the power of human rights treaties and treaties that the Bush administration had ignored standards to effectively influence law and policy or rejected.

Human Rights Success Stories from Across the United States 87 President Bush signs the Prison Rape Elimination Act on September 4, 2003

In July 2009, for example, the President aligned ified, the Senate is certain to attach “reservations, the United States with 140 other nations by sign - understandings and declarations” (RUDs). ing the Convention on the Rights of Persons with Legislators claim such amendments are necessary Disabilities (CPRD). Adopted by the UN General to ensure that U.S. sovereignty is protected, but Assembly in 2006, the CRPD aims “to promote, often their main impact is to limit the scope and protect and ensure the full and equal enjoyment impact of human rights treaties in the United of all human rights and fundamental freedoms by States. all persons with disabilities, and to promote Observers are justified in wondering about the respect for their inherent dignity.” point of ratifying such treaties, if the U.S. Senate The Obama State Department has put CRPD and is so focused on seeking to limit their enforceabil - the Convention on the Elimination of All Forms ity. Advocates cite several reasons for supporting of Discrimination against Women (CEDAW) on ratification, even with RUDs attached: its list of priorities for Senate ratification. t Foreign policy and perception. Ratifica - A newly invigorated coalition of more than tion aligns the United States with other 200 advocates is similarly pushing for Senate rat - rights-respecting allies, and strengthens the ification of the Convention on the Rights of the nation’s credibility in promoting human Child (CRC). rights around the world. In the case of These treaties face stiff hurdles in the Senate, CEDAW, ratification would take the United however, where they require a two-thirds majori - States out of the embarrassing company of ty vote for approval. Moreover, as with other countries like Iran and Sudan, both of which human rights treaties that have already been rat - have refused to sign the treaty. Although

88 Perfecting Our Union “Sometimes introducing human rights law is like putting a big sign that says ‘Kick Me’ on your back. But this is also how progressive law is made. You introduce new ideas as often as appropriate until they become commonplace.”

a human rights lawyer

some countries, of course, have ratified The need for better infrastructure for enforce - treaties which they then openly flout (Saudi ment is evident, for example, in how the U.S. Arabia, for example, on women’s rights), the government handles UN treaty reviews. Under United States undermines its unique ability the current structure, the State Department is to serve as a pace-setter on rights by failing responsible for representing the United States at to ratify major human rights treaties. treaty compliance hearings before the United Nations. The department, however, has histori - t Accountability. Ratification means that cally never considered domestic implementation the United States must report every four of recommendations flowing from these compli - years to the United Nations on its compli - ance reviews to be part of its responsibility. ance. As several of the case studies in this Meanwhile, agencies including the Departments report illustrate, these accountability hear - of Justice and Housing and Urban Development, ings provide an opportunity for U.S. advo - which do have authority over domestic policy, cates to “name and shame,” and can create have not taken up UN human rights recommen - helpful pressure on government officials to dations in part because they consider internation - address violations. al treaties to be the responsibility of the State Department. This dysfunction arises partly from t Impact on international practice. What an outdated understanding of human rights as the United States says and does on matters “foreign” and civil rights as “domestic.” of human rights still has enormous influence overseas. When the world’s most powerful Implementation of human rights obligations at and influential country fails to ratify the national level is also completely dependent on human rights treaties, it gives ammunition to the political inclinations of whatever administra - rogue governments to defend the oppression tion happens to be in power. That is why most of women or the use of child labor, for countries—although not the United States—have example. independent, non-partisan human rights commis - sions to monitor violations and recommend improvements to public bodies regardless of who New federal mechanisms is running the government. for enforcement Most human rights advocates and scholars U.S. advocates are clear-eyed about the fact that strongly support the creation of an inter-agency ratification of international treaties alone is not task force and an independent human rights com - nearly enough to ensure domestic human rights mission in the United States. Both steps are rec - accountability. They know that stronger domestic ommended, for example, in a white paper devel - mechanisms for human rights enforcement are oped in the fall of 2008 by the American needed as well. Constitution Society, with support from the U.S.

Human Rights Success Stories from Across the United States 89 Human Rights Fund. Authored by Professor ed constituencies about the reforms. Coalition Catherine Powell of Fordham University School members include the ACLU, the Center for of Law, Human Rights at Home: a Blueprint for American Progress, the Center for Constitutional the New Administration considered ideas from a Rights, the Human Rights Institute at Columbia 50-member committee of human rights experts Law School, the International Association of and former officials about what might be done to Official Human Rights Agencies, the Leadership strengthen domestic human rights enforcement at Conference on Civil Rights, the Rights Working the federal level. Three key recommendations Group, and the US Human Rights Network. emerged out of these discussions: “Shifting the advocacy focus from Geneva [home t The Obama Administration should create of most UN human rights bodies] to the United an Interagency Working Group on States should increase the access of members Human Rights in the executive branch, of civil society [to the government] on human under the auspices of the National Security rights matters,” said Lisa Crooms, a professor at Council, that would: i) work on UN treaty Howard Law School who is helping to coordi - reviews; ii) implement recommendations nate the campaign. “With increased access comes from treaty bodies; and iii) coordinate a more robust human rights discourse, which human rights policy implementation across contributes to the likelihood that human rights all relevant government agencies, including obligations will be satisfied rather than ignored the State Department, the National Security or violated.” Agency, the Domestic Policy Council, and The inter-agency working group, advocates said, the Departments of Justice, Labor, Health would provide a venue for coordinating the fed - and Human Services, and Homeland Secu - eral response to human rights violations occur - rity. ring within the United States that historically t Congress should charter an independent have slipped between the foreign and domestic national human rights commission. This arms of the government. would mean closing down the highly politi - A new and more powerful civil and human rights cized and discredited U.S. Commission commission, meanwhile, could take public testi - on Civil Rights and replacing it with a mony and investigate not only highly publicized Commission on Civil and Human Rights human rights disasters—like the displacement of that has a broader mandate and different thousands of people following Hurricane appointment process. Katrina—but also issues and problems that t The new commission should coordinate receive far less attention but are equally severe and provide supplemental funding to violations of human rights. Such issues include state and local human rights agencies, deaths and abuses in immigrant detention cen - which should work in partnership with the ters; crimes against gay and transgendered peo - federal government to remedy human rights ple; sexual violence against Native American problems. women; and dangerous working conditions for migrant laborers. The commission could also, for A coalition of national and grassroots organiza - example: tions have come together as the Campaign for a New Domestic Human Rights Agenda to push t audit government programs —for exam - these recommendations with senior officials in ple, the distribution of federal stimulus the Obama administration and to educate affect - monies or mortgage foreclosure assistance—

90 Perfecting Our Union to ensure they adhere to human rights Several key Obama administration officials norms; and appear receptive to these ideas. In addition, a number of advisors to Catherine Powell’s blue - t urge faster action by federal agencies, print paper have assumed senior posts in the such as the Department of Housing and administration, including former Yale Law Urban Development (HUD) or the Federal School dean Harold Hongju Koh, now a legal Emergency Management Agency (FEMA) advisor to the State Department; and Julie with respect to post-Katrina recovery, where Fernandes, deputy assistant attorney general for the government has been slow to respond to the Civil Rights Division of the Department of human rights problems. Justice. Powell herself now works in the Secretary of State’s Policy Planning Office.

Human Rights Success Stories from Across the United States 91 CHAPTER 2: Local Government Implementation of Human Rights Standards

In response to pressure from—and in partnership with—community activists, city officials around the country are beginning to explore how human rights standards and principles can make municipal policy, planning and services more equitable.

Local advocates and their allies in many munici - t In 2008, the governor of Connecticut signed pal governments are not waiting for the federal into law a bill establishing a comprehensive government to lead the way on human rights. Commission on Health Equity, which Some have forged ahead in passing resolutions declares that “equal enjoyment of the highest affirming or adopting international human rights attainable standard of health is a human treaties. Still others are applying human rights rights and a priority of the State . . . . ” standards to the delivery of services nd the devel - t In 2006, a coalition of 117 racial justice opment of new policies. Some notable examples and women’s rights groups in New York include the following: City, led by the Human Rights Project of the t On September 30, 2009, the Berkeley, Cal - Urban Justice Center, was narrowly defeated ifornia City Council passed an ordinance in its effort to pass a Human Rights Govern - requiring the city to report on its compliance ment Operations Accountability Law (“HR with ratified international human rights GOAL”) in the City Council. The proposed treaties. The ordinance directs the city to law would have implemented the Conven - provide its reports to the U.S. State Depart - tion on the Elimination of Discrimination ment for inclusion in its official, periodic Against Women (CEDAW) and the Conven - reports to UN treaty bodies. tion on the Elimination of All Forms of Racial Discrimination (CERD) by requiring t In 2008, the city of Milwaukee, Wisconsin municipal agencies to monitor the race reconstituted its dormant Equal Rights Com - and gender impact of city policies, and mission with a broader mandate to promote would have created a participatory task force social and economic, as well as civil and with community members to recommend political, rights. responsive policies. Although the bill did not t In December 2008, the Health Board of pass, the advocacy effort motivated the Lewis and Clark County in Helena, Mon - Manhattan Borough President’s Office to NYC tana adopted a resolution that recognizes undertake a gender analysis, and the Department of Health to consider a human the human right to health and health care. rights pilot project. The resolution created a task force to recom - mend how best to implement universal All of these important developments would not health care in the county, using human rights have been possible without targeted, persistent principles. advocacy by committed organizations and indi -

92 Perfecting Our Union viduals. Those advocates, in turn, owe a great influential politicians including U.S. Sens. debt to pioneers of the local implementation Barbara Boxer and Diane Feinstein. movement: an organization of women’s rights The ordinance declares that the City of San activists called WILD for Human Rights. That Francisco will “promote equal access to and equi - group’s work in San Francisco, and the work of ty in health care, employment, economic develop - those in other cities who were inspired by that ment and educational opportunities for women effort, are discussed below. and girls and will also address the continuing and critical problems of violence against women and San Francisco Women’s girls.” The law requires city departments to per - form a comprehensive analysis of city policies Rights Ordinance and practices to identify policies that disfavor In the late 1990s, the San Francisco City women, and to take concrete steps to remedy Council passed an historic ordinance commit - them. Furthermore, it requires the city to “inte - ting the city government to implement the grat[e] equity and human rights principles into all principles embodied in CEDAW, the women’s of its operations”—including policies, program - convention. That step sparked a movement ming, employment, budget and services. in other cities across the country to use The seven agencies that conducted a gender human rights standards in municipal gover - review made a number of specific changes as a nance. result. The following are among most notable: In 1998, the city of San Francisco approved t At the Department of Public Works, the Ordinance 128-98, becoming the first in the review made senior managers realize that nation to commit to implementing the some of the department’s policies impacted Convention on the Elimination of Discrimination men and women differently even though they against Women (CEDAW). As of December 2009 that treaty had been ratified by 185 of the United appeared gender-neutral. For example, the Nations’ 192 member nations, with one major review highlighted the extensive fear of exception: the United States. assault that many women experience walk - ing along dimly lit streets and through dark The campaign to secure a local CEDAW ordi - parking lots at night. The department subse - nance was the brainchild of Krishanti Dharmaraj quently instructed its engineering staff to and fellow activists at the Women’s Institute for install more lights, at closer intervals, on city Leadership Development (WILD) for Human streets and in new construction projects. Rights, based in San Francisco. Dharmaraj was one of several U.S. activists who attended the UN t The city’s Arts Commission realized that Conference on Women in Beijing in 1995, where women artists with child care responsibilities the rallying cry was “women’s rights are human were at a disadvantage competing for street rights!” That conference inspired her to consider space on which to sell their artwork. The what might be achieved if the United States had city’s daily lottery for allocating vendor an affirmative responsibility to promote gender licenses required artists to line up in person, equity. Dharmaraj decided to focus first at the beginning at 8:30 a.m., to obtain a prime municipal level and seek to implement the spot. The Arts Commission changed the rule CEDAW in her home town of San Francisco. to allow a proxy to submit a name at the WILD secured the support of the local appointed hour. The change benefited not Commission on the Status of Women, as well as only women with small children, but also

Human Rights Success Stories from Across the United States 93 Representatives from Youth Empowerment Project in New Orleans describe their efforts to reform harsh punishment of youth.

men with parenting responsibilities and ects. Pressure from community organizations observant Jews who could not attend the lot - which campaigned for the ordinance also tery in person on Saturdays. waned as groups moved on or—in the case of WILD—struggled to survive. t The gender analysis strengthened support within the Department of the Environ - t As the case studies below indicate, however, ment to offer flexible schedules for staff. the San Francisco initiative nevertheless The department also began providing a free inspired a wave of organizing in other states ride home for any employee with a domestic across the country for local government emergency who had taken mass transit to accountability for human rights. work that day.

t The gender initiative caused municipal offi - Lessons learned cials to realize that issues of work-life bal - t Address litigation fears up front. A major ance needed greater attention, across city point of resistance in many municipal gov - agencies. In response, several departments ernments has been the fear that a law declar - approved or developed telecommuting and ing new rights or mandating the disclosure more flexible schedules. Other departments of data could fuel lawsuits claiming viola - used the gender analysis to scrutinize their tions. Both the San Francisco ordinance and hiring, promotion and grant practices. the proposed NYC GOAL legislation included provisions barring individuals from using the law as a basis for lawsuits. t Ten years on, implementation of CEDAW principles in San Francisco has slowed, t Find opportunity in economic adversity. largely due to a lack of dedicated staff with A recession might seem to doom efforts to human rights expertise to guide new proj - broaden government responsibility for rights

94 Perfecting Our Union “Diversity for folks here was about pointing out the difference. The human rights frame seems to be more unifying. It asks, ‘what can we collectively do to make this a better, more responsive place’?”

Raquel Wells

protection. But an economic downturn can t become more proactive in identifying and also provide an opportunity to demonstrate seeking solutions to human rights problems the relevance of a proactive approach to and issues; rights. In San Francisco, city officials used t adopt a more collaborative and transparent CEDAW and CERD as a tool to examine the problem-solving approach with community impact of a 5 percent across-the-board members; budget cut, and reconsidered those that would harm especially vulnerable groups. t address human rights violations even when these violations are unintentional or inadver - t Provide technical assistance. Implementa - tent; and tion in San Francisco began to founder when the city government lost staff and partners t provide education to all residents about their with human rights expertise to guide agen - human rights and how they can seek redress cies. Gay McDougall, the UN Independent for rights violations. Expert on Minority Rights, advises funders The initiative began in 2007 when Ken Neubeck, to support pilot projects that pair local gov - a retired sociology professor from Connecticut ernment officials with human rights experts who had recently relocated to Eugene, read about with government experience. Those outside the human rights ordinance in San Francisco. experts can assist with implementation and Neubeck liked the idea and wanted to introduce disseminate lessons learned to policymakers it in Eugene. He decided to start by educating the in other cities and states. public and government agencies about human rights, rather than push a city council resolution or a specific issue initiative. His first step there - Eugene, Oregon fore was to invite WILD to lead a workshop, Eugene, Oregon created a “Human Rights which the city’s Human Rights Commission City Project” to educate municipal employees agreed to sponsor, on local implementation of and the general public about human rights, human rights. “I don’t know what a resolution and how they could strengthen the work of means, if there isn’t knowledge within govern - city departments. ment about what to do with it,” Neubeck said. Eugene is a mid-sized city of 165,000 people in A series of internal discussions and workshops western Oregon. Although home to the with city agencies followed. As a result of these University of Oregon and relatively progressive in efforts, the Human Rights Commission decided comparison with the rest of the state, Eugene to make implementation of international human rights part of its work plan. Shortly thereafter, the bears little resemblance to large, cosmopolitan Eugene City Council approved a city-wide centers like San Francisco or New York City. Yet Diversity and Equity Strategic Plan, which incor - in the past three years, Eugene’s Human Rights porates human rights as a core element. That Commission has led an effort to integrate interna - plan formally took effect in July 2009. tional human rights standards and principles in all city departments. The goal, say city officials, is Neubeck, who is now a member of the Human to help city agencies: Rights Commission, and colleagues in local gov -

Human Rights Success Stories from Across the United States 95 ernment acknowledge that the next challenge— wait until someone asks for a form in Span - translating human rights principles into concrete ish, agencies are working proactively to changes in policy and practice—will be much ensure that adequate information and harder. “Human rights concepts are so big, that resources are already accessible. Several it can be hard for people to envision how to Eugene city departments have begun to inte - implement and actually do it,” said Raquel Wells, grate community members on planning com - Equity and Human Rights Manager for Eugene. mittees, and as voting members of advisory “I have to help interpret it for someone who boards. is putting lines on a street, or picking up trash in a park.” Although the effort in Eugene is largely driven by internal conversations among city staff, adminis - In meetings with managers and staff in every trators and commissioners, Neubeck and Wells department, Wells and her staff have employed stressed that local implementation of human several strategies: rights must also involve partnerships with community members. Community groups have t Clarifying terms. This includes, for exam - now held two celebrations of Universal Human ple, explaining the difference between Rights Day (December 10), in 2008 and 2009. human rights and more familiar concepts They are currently planning a human rights sum - like “diversity.” mit for 2010 that will include members of the t Relating human rights to existing frame - city’s volunteer-based Sustainability and Police works. As a first step, Equity and Human Commissions, to discuss how these entities could Rights staff have found it essential to under - apply human rights principles to their work. stand the best practices and organizational Many Eugene officials believe that the human culture of whichever department they are rights approach is already paying dividends working with, and help relate human rights in terms of a community conversation about to that culture. Wells observed that, “Work - social equity. As Wells describes it, “Diversity for ing with staff across different agencies is like folks here was about pointing out the difference. a mini-UN. We need to figure out how to tell In a community that is predominantly European the [human rights] story in a way that fire, American, diversity becomes a narrow and divid - police, recreation and information services ed framework. The human rights frame seems can hear it.” to be more unifying. It asks, ‘what can we collec - tively do to make this a better, more responsive t Pointing to positive actions already place’?” taken. The team is highlighting measures that some departments have already taken The city of Eugene has created a website, that are consistent with human rights. www.humanrightscity.com, to share its research For example, the Eugene Public Library and information on community events relevant recently eliminated its requirement that that to human rights. card holders have a fixed address, in order to allow homeless people access to the Internet Lessons learned and other library services. t Be specific about how government offi - t Emphasizing accessibility and participa - cials can translate the human rights into tion. Public engagement processes are being policy, without telling them what to do. overhauled, across departments. Rather than “Many activists have passion, but don’t take

96 Perfecting Our Union Human rights: What do local officials think?

In 2008, communications think to use such a description Racial profiling tank The Opportunity Agenda for fear that they could Racial profiling violates the and the research firm of not deliver on it, and would human right to fair treatment Belden, Russonello & Stewart therefore be considered and freedom from discrimina - queried government officials in human rights violators. tion, as well as American values Illinois and California about of fairness and justice. human rights, and how use of Based on this and other this language played in political research, The Opportunity Agenda recommends using spheres. Some of the findings Juvenile justice are summarized below. the following language when talking about human rights The opportunity for rehabilita - t Policymakers in both states to policymakers and the gen - tion is a human right that unanimously agreed that eral public: should be upheld for young human rights apply equally people who commit crimes. in the United States as else - where. Human rights treaties Immigration t However, there was a parti - It is better for everyone to live san divide between progres - in a society that pays attention We need workable solutions to sives, who interpreted human to human rights, rather than immigration that uphold our rights broadly, and conserva - one that ignores them. Human nation’s values and allow peo - tives—who disagreed, for rights treaties provide tools to ple who contribute and partici - example, that fair pay and help ensure that the basic pate to live in the country freedom from poverty are rights of all people are upheld. legally with their human rights human rights. Such ideals, protected. they said, were more depend - Health care A full copy of the report ent on personal responsibility is available online at than government obligation. Health care is a public good http://opportunityagenda.org/ and is as essential as food and t human_rights_united_states. Most policymakers agreed water. No one should have to that health care should be go without this basic human a human right, but hesitated right.

the time to translate the human rights frame - interviewed for this report are eager to learn work,” said Raquel Wells, Eugene’s Equity from peers in other localities who are think - and Human Rights Manager. Advocates ing about a human rights approach. Funders can, for example, show how they have can help accelerate local implementation of operationalized human rights in their own human rights by funding annual strategy ses - organizations. sions to promote the exchange of new ideas t Take a cooperative, rather than opposi - being developed at the municipal level. tional, approach . Wells cautions advocates to avoid “us versus the government” rhetoric in favor of an approach that presents human Seattle, Washington rights as something that can help govern - Human rights officials in Seattle are using ment personnel do their jobs better. human rights principles to take a fresh look t Fund yearly gatherings for local officials at housing and racial equity across the city, and activists who are working on local and public health policy throughout the larg - implementation. Government officials er county.

Human Rights Success Stories from Across the United States 97 Sam Jackson of May Day New Orleans shows visiting advocates public housing that is in danger of being closed.

Seattle’s human rights commission is integrating International human rights appealed to commis - human rights principles into all of its work on sioners in this progressive city of more than half public safety, housing, education and disability a million people, which in other respects had rights. “We are trying to use international stan - already “gone global.” In 2001, Seattle became dards, with the goal of getting the city council to one of the first U.S. cities to initiate programs and pass an ordinance adopting human right stan - policies that comply with the Kyoto Treaty on cli - dards locally,” said Roslyn Solomon, an attorney mate change, despite the federal government’s who chairs the commission. The initiative is not refusal to join it. It has since established a com - treaty-specific; instead, commissioners are using briefing materials provided by the National and posting program, green guidelines for new con - Economic Social Rights Initiative (NESRI) to struction, and significantly reduced consumption consider human rights principles from a variety of fossil fuels. of international treaties, whether ratified or not. While the work is still in early stages, Seattle can This human rights work was launched when point to two places where human rights are mak - Solomon met Jean Carmalt, a former human ing a difference: rights analyst with the Center for Economic and Social Rights in New York City, who had recently Public health service delivery. The King relocated to Seattle. Carmalt and Solomon co-led County Board of Health, which includes jurisdic - a training session for members of Seattle’s tion over the city of Seattle, has worked with Human Rights Commission in the spring of its members to adopt several principles for 2008. public health reform, many of which are drawn

98 Perfecting Our Union “Human rights acknowledges and embraces the reality that the community is essential to an individual’s ability to thrive. The standards help us figure out what that means, concretely.”

Roslyn Solomon

from Comment 14 of the UN Committee on Health reform advocacy. Elected members of Economic, Social and Cultural Rights: the county health board are now using the prin - ciples to lobby federal lawmakers for better local t Universality. Health services are available health care delivery. Local officials are also using to all regardless of factors such as the ability the principles in external communications to the to pay, pre-existing medical conditions, race, media, and in presentations to constituents and age, ethnicity, or immigration status. other stakeholders. t Accessibility. Services are conveniently Not everyone in local government has been won located, are widely advertised and translated, over. Officials from rural areas outside of the city and payment mechanisms are straightfor - of Seattle often bristle at the mention of the ward. United Nations. When working with more con - servative policymakers, Solomon focuses on the t Appropriateness. Care meets highest med - substance of the standards, rather than on the ical standards, and is delivered in language fact that they derive from international treaties. that is understandable and appropriate to cultural norms. The value-added thus far? “Human rights acknowledges and embraces the reality that the t Equity. Facilities have adequate resources community is essential to an individual’s ability to provide preventive, diagnostic and treat - to thrive,” Solomon said. “The standards help us ment services. The public health system col - figure out what that means, concretely.” lects and reports data on the health status of the population, with a specific focus on Lessons learned health equity. t Start or support human rights initiatives t Participation. Target populations partici - in smaller cities. The ideal initial venues for pate in the program design, implementation human rights implementation initiatives, said and evaluation. several advocates and government officials, are smaller cities where citizens have readier Roslyn Solomon, who also consults for the King access to municipal leaders. “Seattle is a County Board of Health, used the principles to smallish city,” Roslyn Solomon observed. “A evaluate a new mental health program for low- few individuals who work hard can have an income mothers suffering depression. The princi - influence.” ples highlighted the need for greater community input and partnership in the operation of the pro - t Fund or start a pilot project in one or two gram. They also underscored the importance of municipal departments, before going for developing a better strategy for disseminating a city-wide ordinance. This has the advan - information about the program—for instance, in tage of demonstrating to city officials the community centers, schools, grocery stores, food concrete value of a human rights approach, banks and shelters. as well as the realistic costs of implementa -

Human Rights Success Stories from Across the United States 99 tion. Civil rights and public health depart - Unlike the San Francisco CEDAW ordinance, the ments are all excellent places to start, because CRC resolution in Chicago is non-binding. The they tend to support the idea of equitable resolution nevertheless opens the door to discus - outcomes for all members of society. sions with city agencies about how the principles t With more conservative government could enhance their work. Since the resolution’s officials, focus on the standards and prin - passage, both the city’s Department of Family ciples, not necessarily the source. “With and Support Services and its health department conservatives who would balk at the label have signaled their interest in aligning their poli - and stop listening, we avoid the United cies and goals with the children’s rights conven - Nations and go directly to the substance of tion. The Northwestern University clinics have the right to health care,” Solomon said. offered to supply technical assistance. “We want to sit down with agency officials and Chicago select two or three goals, whether it’s infant mor - tality, or access to the highest standard of health In 2009, the Chicago city government passed care for children,” said Bernardine Dohrn, a a resolution in favor of aligning city policies Northwestern law professor who works with its and practices with the international Children and Family Justice Center. Convention on the Rights of the Child. In February 2009, Chicago became the 10th city in the United States to declare its support for the Lessons learned Convention on the Rights of the Child (CRC) t Focus on securing the support of leaders when its Board of Supervisors passed a resolution of influential agencies. In both Chicago pledging to “work to advance policies and prac - and San Francisco, the support of one or two tices that are in harmony with the principles of agency leaders made all the difference in per - the [CRC] in all city agencies and organizations.” suading political leaders that implementation The CRC resolution began as a project of stu - of universal human rights standards is a rea - dents at Northwestern University’s International sonable approach. Human Rights Clinic and its Children and Family t Justice Center. Do not dismiss the utility of a non-bind - ing resolution. Leaders of the effort to pass Inspired by efforts in New York and San a CERD and CEDAW human rights law in Francisco to implement human rights at the local New York City rejected the offer of a non- level, Sandra Babcock, director of the human binding resolution, which would have lacked rights clinic, envisioned that the CRC could pro - enforcement teeth. But in retrospect, they vide a single, comprehensive framework which said that a non-binding resolution like the could help the city government assess and address the protection of children across city agencies. A one passed in Chicago would have had the senior official at the Department of Family and benefit of opening the door to pilot projects, Support Services became enthusiastic and put the and might have provided additional momen - authority of his agency behind the proposed res - tum to the coalition to continue to press for olution. The resolution passed with no debate. an enforceable ordinance.

100 Perfecting Our Union CHAPTER 3: Human Rights in U.S. Courts

Although U.S. courts are a long way from considering international stan - dards as binding law, justices on the U.S. Supreme Court, other federal courts and some state courts are beginning to call for a global conversation about human rights.

Raising human rights arguments in U.S. litigation rights. In several recent cases on terrorism, gay requires a strong chin. The Constitution’s rights, affirmative action, and the death penalty, Supremacy Clause says that treaties entered into for example, the court has cited either interna - by the United States are the “law of the land.” tional treaties or comparisons to foreign court However, even ratified human rights treaties are practice. For example: not enforceable in U.S. courts in the absence of t In Hamdan v. Rumsfeld (2006), a narrow specific enabling legislation from Congress. majority of the court ruled that all non- Does that mean international law is useless for citizen prisoners, including “enemy combat - purposes of advancing U.S. law and enforcing ants,” are protected by the Geneva Conven - rights at home? tions (a set of international treaties and protocols that, among other things, seek Far from it, say U.S. court watchers. Judges— to define standards for the humanitarian with some justices of the U.S. Supreme Court in treatment of victims of war). This ruling the lead—are beginning to call for a more global essentially rendered illegal the Bush admin - approach to deciding controversial cases of istration’s program of indefinite detention human rights. Increasing numbers of state and and torture, and called on the administration federal judges are requesting training on interna - to treat all detainees in a manner consistent tional law and human rights. Some are writing with international human rights standards. about the relevance of international and foreign law when interpreting close questions of constitu - This decision followed a similar ruling in a tional rights. different case, involving a citizen detainee, Hamdi v. Rumsfeld (2005), in which the Controversy at the U.S. Supreme Court court invoked the Geneva Conventions to hold that U.S. citizen-enemy combatants Perhaps unsurprisingly, such efforts have must be afforded the right to challenge their resounded most loudly—and with greatest con - detention. troversy—at the U.S. Supreme Court. In public speeches and court opinions, justices from the lib - t In Roper v. Simmons (2005), the court held eral, moderate and center-right flanks of the that executing youth under age 18 violates court have called for the need to measure individ - the U.S. Constitution. Writing for a majority ual freedoms against evolving notions of human of the court, Justice Anthony Kennedy cited

Human Rights Success Stories from Across the United States 101 the “overwhelming weight of international t In a 2002 death penalty case, Atkins v. Vir - opinion against the juvenile death penalty,” ginia , the court ruled that executing mentally as expressed in the UN Convention on the retarded offenders violates the Constitution’s Rights of the Child, the African Charter on ban on cruel punishment. Justice John Paul the Rights and Welfare of the Child, and the Stevens’ majority opinion noted that “within Criminal Justice Act of the United Kingdom. the world community, the imposition of the death penalty for crimes committed by men - t In 2003, Justice Ruth Bader Ginsburg cited tally retarded offenders is overwhelmingly international and foreign law in two cases disapproved.” which narrowly upheld affirmative action programs in law school admissions. In Grut - In most of these cases, discussion of international ter v. Bollinger and Gratz v. Bollinger , Gins - and foreign law amounted to little more than a paragraph or a footnote. Nevertheless, these cita - burg cited CERD and CEDAW to argue that tions have both encouraged lawyers to raise inter - the United States should distinguish between national law and unleashed a torrent of criticism harmful and inclusive uses of race, and that from conservative commentators. Most notably, affirmative action programs should be tem - Justice Antonin Scalia’s scathing dissents in these porary in nature. cases helped to inspire a 2006 draft resolution t In another 2003 case, Lawrence v. Texas , and bill in Congress—ultimately never put to a Justice Kennedy wrote a majority opinion vote—that would have forbidden judges from cit - striking down a Texas law criminalizing ing foreign court decisions in interpreting the homosexual sex. In support, Kennedy cited Constitution. a 1981 decision from the European Court of If international and foreign law is so controver - Human Rights affirming the right of adults sial, why are some justices bothering to invoke it to engage in consensual same-sex intimacy. at all?

102 Perfecting Our Union Using human rights litigation for policy change: The Vienna Convention on Consular Rights

Sometimes human rights litigation can fail to ter of policy, the Vienna Convention litigation win the day for the client, but still bring about directly impacted human lives and led several positive policy reforms. Persistent criminal important changes in U.S. practice: defense attorneys in the United States have used t the Vienna Convention on Consular Rights—a President George W. Bush, acting on advice of treaty that gives foreign citizens the right to the State Department that the United States seek the assistance of their home governments should comply with the Vienna Convention in when they are in trouble abroad—to change order to ensure that the consular rights of how the United States treats foreigners in its Americans abroad would be reciprocated, in criminal justice system. 2004 requested that state courts grant new hearings to all foreign nationals on death row. Sandra Babcock, then a young capital defense t lawyer in Texas, realized that two of her death The death sentences of three Mexican nation - row clients—one each a citizen of Canada and als were permanently overturned after they Mexico—had never been informed of their rights raised legal challenges based on the Conven - under the Vienna Convention. She raised the tion. violation on appeal and argued for a new trial t Federal judges now routinely advise all foreign on that basis. Other attorneys representing the nationals appearing before them of their 50 or so foreign nationals on U.S. death rows rights under the Vienna Convention. eventually picked up the Vienna Convention claim as well, leading to a five-year moratorium t The State Department, the state of Texas, and on these executions while various courts consid - the American Bar Association all developed ered the argument. training manuals instructing law-enforcement officials about the Vienna Convention and Ultimately, in its 2008 ruling in Medellin v. Texas , how to comply, thereby creating greater the U.S. Supreme Court held in that the Vienna awareness of how international law intersects Convention on Consular Rights cannot be with American practice. enforced as domestic “law.” However, as a mat -

U.S. judicial reputation the poorer . . . if we do not both share our experi - One important motivation is a concern that U.S. ence with, and learn from, legal systems with val - influence in the world will diminish if U.S. gov - ues and a commitment to democracy similar to ernment officials and policymakers continue to our own.” treat democracy and human rights ideals as a In fact, empirical evidence suggests that U.S. one-way street: encouraging their export while courts’ legal influence abroad—long a source of refusing to acknowledge enlightened practices pride among most American legal experts—is from abroad in their own deliberations. When already waning. An analysis by The New York courts recognize and study other judicial systems, Times in 2008 found that citations by the former Justice Sandra Day O’Connor has said, Canadian Supreme Court to U.S. court decisions “our ability to act as a rule of law model for fell by about half between 2002 and 2008; in other nations will be enhanced.” 20 Justice Australia, U.S. citations declined by two-thirds. 21 Ginsburg echoed O’Connor’s comment in a 2006 This trend is especially significant in cases involv - speech, arguing, “The U.S. judicial system will be ing human rights, as the European Court of

Human Rights Success Stories from Across the United States 103 Transforming poverty law through human rights: The Maryland Legal Aid Bureau

Inspired by his work with the United Workers there that was totally consistent with their per - Association of Baltimore, J. Peter Sabonis, direc - spective, which lawyers could use. The human tor of the Maryland Legal Aid Bureau (MLAB), rights framework gives us a legally cognizable began to see human rights issues in the needs way to bring the big picture into legal disputes its clients were presenting at the bureau’s 10 that are usually seen more narrowly.” offices across the state. MLAB has begun to hold trainings for staff Staff lawyers had already begun rephrasing a lawyers about international law and how to key introductory question. They no longer connect lawyering to social movements. “It will asked, “What legal services do you need?” but be a multi-year process of strategizing “What are your needs ?” The answers revealed the right to housing, health care and income a major gap between what MLAB thought it security,” Sabonis said. “We want lawyers to should be doing for clients and what clients think not just in terms of cases but in terms of wanted. broader advocacy.” When clients were invited to discuss their The response from staff has been mostly posi - broader needs, they identified a different list of tive, he said, although lawyers—much like concerns: not only representation in eviction judges and politicians—tend to want to focus matters, but also affordable housing ; not just on whether human rights treaties offer control - help getting wages paid, but also living wage ling law. jobs ; not only access to Medicaid benefits, but also affordable health care . “But on the whole, our lawyers welcome the language and the conversation about human “We were almost like technicians, while our rights,” Sabonis said. “It begins to fulfill the clients wanted economic rights,” Sabonis said. desires that brought them to legal aid work in “Then we discovered there was this law out the first place.”

Human Rights is now considered a more author - Globalization itative source. As the chief justice of the High Another obvious answer lies in globalization, Court of Australia put it bluntly in a 2001 inter - which is exerting its gravitational pull on the view, “America is in danger of become something courts as much as on other areas of modern of a legal backwater.” 22 life. Justices Stephen Breyer has noted in public The attacks of September 11, 2001 have also comments that both business and human rights clearly influenced the thinking of some justices issues are increasingly international, and that transnational agreements are relevant to adjudi - about the relevance of international human rights cating both. 25 norms. As O’Connor said in her 2003 speech, “No institution of government can afford any Perhaps most important, however, is the emer - longer to ignore the rest of the world . . . . Because gence of a common legal culture around the of the scope of the problems we face, understand - world. For most of its existence, the United States ing international law is no longer just a legal spe - represented a unique experiment in the world. It cialty; it is becoming a duty.” 23 was the only democracy with both a written

104 Perfecting Our Union Too often the question of human rights enforcement gets reduced to treaty ratification or court mandates, when it is really about the struggle of people to realize their fundamental human rights.

Dorothy Thomas

Constitution enshrining basic human rights and laboratory for U.S. attorneys to brainstorm new an independent judiciary with the power to strategies and to develop international law briefs review and strike down laws inconsistent with it. in important cases. The network, which started in But in the past 30 years, other nations, including 1998 with fewer than two dozen lawyers, today Canada, South Africa, Australia and India, have counts more than 300 individual attorneys and all installed constitutional review by courts. Ten public interest law organizations as members. years ago, the United Kingdom adopted the The network’s efforts are not confined to federal Human Rights Act, enshrining the European courts. Realizing that several state constitutions Convention on Human Rights in UK law. This reference the right to health, housing or food, growing commonality of legal culture, even given HRI and colleagues at Northeastern Law School some differences, makes it more relevant to com - in Boston and the National Economic and Social pare how other nations have resolved similar Rights Initiative (NESRI) recently wrote a manu - problems. Internet search engines of foreign court al for lawyers on how to use international law decisions now make it practical to do so. standards to litigate welfare rights cases in state For all of these reasons, a growing number of fed - courts. Its recent trainings on economic justice eral and state court judges are requesting training and human rights have attracted more than 150 on international law, according to the American practicing lawyers. Society of International Law and the Aspen Institute, both of which began to provide such Conclusion education in the late 1990s. Invoking human rights in U.S. courts and policy arenas may no longer feel like tilting at wind - Human rights lawyering mills. However, it is still an unfamiliar frame - The positive citations to international and foreign work for conceptualizing legal and policy advo - law in Hamdan, Roper and other Supreme Court cacy in the United States. This means that U.S. cases did not arise in a vacuum. In each of these advocates still encounter quizzical looks from cases, lawyers raised arguments about interna - policy-makers and even fellow advocates, and tional treaties and comparative foreign practice feel the need to defend the use of standards con - in either the main, or supplemental “friend-of- sidered by some as “foreign.” the-court” briefs to the justices. Many of these For those seeking to advance human rights briefs were prepared by human rights advocates. change through the courts, litigating internation - The success of some of their efforts highlights the al legal claims remains a steep but steady climb. important role advocates will continue to play in More and more lawyers are raising comparative influencing changes in law and policy. foreign law and human rights treaty standards; The Bringing Human Rights Home Lawyers currently, though, they do so largely as an aid to Network, part of Columbia Law School’s constitutional interpretation, rather than as Human Rights Institute (HRI), has been a crucial enforceable law.

Human Rights Success Stories from Across the United States 105 Too often, said Dorothy Q. Thomas, a leading respect—than about human rights treaties them - human rights activist and philanthropic advisor, selves. These animating values remain the start - the question of human rights enforcement gets ing place for a public conversation about achiev - reduced to treaty ratification or court mandates, ing human rights at home. The vision is universal, when it is really about the struggle of people to while the struggle, as always, is local. realize their fundamental human rights. “Human rights are also a vision and a method——we’re all Where, after all, do universal human rights born equal in dignity and rights,” she said. “This begin? In small places, close to home so notion does not purely reside in the law, but in one’s sense of self, and can be realized through close and so small that they cannot be seen direct action as well as through the legal system.” on any map of the world . . . Without con - certed citizen action to uphold them close to Communications experts advise that whatever home, we shall look in vain for progress in the advocacy venue, Americans are more con - the larger world. cerned about the values underlying human rights—dignity, opportunity, fairness, and —Eleanor Roosevelt

106 Perfecting Our Union Endnotes

1. Adam Liptak, “American Exception: U.S. Court Is Prevention (2001), available at Now Guiding Fewer Nations,” New York Times, www.juvjustice.org/media/resources/resource_122.pdf. September 18, 2008. 12. Los Angeles Unified School District, “Discipline 2. The Opportunity Agenda, Human Rights in the U.S.: Foundation Policy: School-Wide Positive Behavior Opinion Research with Advocates, Journalists and the Support,” at General Public (August 2007). http://notebook.lausd.net/portal/page?_pageid=33,911578 3. The Opportunity Agenda, Executive Summary, Human &_dad=ptl&_schema=PTL_EP. Rights in the U.S.: Opinion Research with Advocates, 13. Charles Proctor, “A New Policy to Keep Students in Journalists and the General Public, at 5 (August 2007). Line,” Los Angeles Times , February 12, 2007.

4. Larry Cox, “A Movement for Human Rights in the 14. Kirsten Crow, “Migrants Top Arrests: Critics Say United States: Reasons for Hope,” 40 Columbia Human Operation Linebacker Falling Short on Its Key Goals,” Rights Law Review 135 (Fall 2008). Laredo Morning Times , November 23, 2006.

5. See Human Rights Watch, The Rest of Their Lives 15. Bureau of Justice Statistics, Sexual Victimization in (2008), available at www.hrw.org/en/reports/2008/05/01/ State and Federal Prisons Reported by Inmates (2007), executive-summary-rest-their-lives. available at www.ojp.gov/bjs/abstract/svsfpri07.htm.

6. As cited in the U.S. Department of Labor’s National 16. Ibid at p. 25. Agricultural Workers Survey: www.doleta.gov/agworker/report/ch3.cfm. 17. CBS Channel 2, “UN Has Harsh Words on Police Brutality,” July 7, 2006. 7. See, e.g., U.S. Dept. of Justice News Release, “Four Men Sentenced for Roles in Scheme to Enslave 18. Gary Washington, “‘Disgrace’ Costs Millions: Farmworkers in Florida, “ December 19, 2008, available Aldermen Approve Payouts Totaling Almost $20 mil - at http://www.justice.gov/opa/pr/2008/December/08-crt- lion,” Chicago Tribune , January 10, 2008. 1134.html; Larry Lipman, “Sheriff: There is slavery in Florida tomato fields,” Palm Beach Post , April 15, 2008; 19. Jessica Gonzales has since changed her name to U.S. Dept. of Justice News Release, “Three Florida Men Jessica Lenahan. This publication refers to her as Jessica Sentenced In Conspiracy to Detain Workers in Conditions Gonzales, which is the name used in all of her legal fil - of Involuntary Servitude,” November 20, 2002; U.S. ings. Department of Justice News Release, “Two Men Plead 20. Remarks by then-Justice Sandra Day O’Connor, Guilty in Southwest Florida Slavery Ring,” May 26, Southern Center for International Studies, October 28, 1999, available at 2003. http://www.justice.gov/opa/pr/1999/May/216cr.htm. 21. Adam Liptak, “US Court Now Guiding Fewer 8. John Bowe, “Nobodies: Does Slavery Exist in Nations,” The New York Times, September 17, 2008. America?” The New Yorker, April 21, 2003. 22. Ibid. 9. The ILO is a specialized agency within the United Nations that promotes socially just labor policies. 23. Remarks by Justice Sandra Day O’Connor, Southern Center for International Studies, October 28, 2003. 10. Dataquest, California Department of Education, available at www.cde.ca.gov; 2004-2005 School Profiles, 24. See , e.g. text of a debate between Justice Breyer and Los Angeles Unified School District, Justice Scalia, “The Constitutional Relevance of Foreign www.notebook.lausd.net. Court Decisions,” U.S. Association for Constitutional Law, January 13, 2005. 11. Coalition for Juvenile Justice, Abandoned in the Back Row: New Lessons in Education and Delinquency

Human Rights Success Stories from Across the United States 107 Resources

ACLU HUMAN HUMAN RIGHTS INSTITUTE RIGHTS PROGRAM Columbia Law School 125 Broad Street, 18th Floor 435 W. 116th Street New York, NY 10004 New York, NY 10027 (212) 519-7850 (212) 854-8364 www.aclu.org/human-rights www.law.columbia.edu/center_program/hum an_rights

AMNESTY INTERNATIONAL USA HUMAN RIGHTS PROJECT 322 Eighth Avenue, 10th floor The Urban Justice Center New York, NY 10001 123 Williams Street 212-807-8400 New York, NY 10038 www.aiusa.org (646) 602-5628 www.hrpujc.org

BORDER NETWORK FOR HUMAN RIGHTS HUMAN RIGHTS WATCH 2115 N. Piedras 350 Fifth Avenue, 34th floor El Paso, TX 79930 New York, NY 10018 (915) 577-0724 (212) 290-4700 www.bnhr.org www.hrw.org

COALITION OF JUST DETENTION IMMOKALEE WORKERS INTERNATIONAL P.O. Box 603 3325 Wilshire Boulevard, Suite 340 Immokalee, FL 34143 Los Angeles, CA 90010 (239) 657-8311 (213) 384-1400 www.ciw-online.org www.spr.org

COMMUNITY ASSET MARYLAND LEGAL DEVELOPMENT AID BUREAU RE-DEFINING 500 E. Lexington Street EDUCATION (CADRE) Baltimore MD 21202 8510 1/2 S. Broadway (410) 951-7777 Los Angeles, CA 90003 www.mdlab.org (323) 752-9997 www.cadre-la.org MIDWEST COALITION FOR HUMAN RIGHTS EUGENE HUMAN c/o University of Minnesota RIGHTS COMMISSION 214 Social Sciences 777 Pearl Street 267 19th Avenue South Eugene, OR 97401 Minneapolis MN 55455 (541) 682-5010 (612) 626-7947 www.eugene-or.gov www.midwesthumanrights.org

108 Perfecting Our Union MISSISSIPPI WORKERS’ SEATTLE HUMAN CENTER FOR RIGHTS COMMISSION HUMAN RIGHTS 810 Third Avenue, Suite 750 213 Main Street Seattle, WA 98104 Greenville, MS 38701 (206) 684-4537 (662) 334-1122 www.cityofseattle.net/humanrights www.msworkerscenter.org UNITED CONGRESS NATIONAL ECONOMIC OF COMMUNITY & SOCIAL RIGHTS INITIATIVE AND RELIGIOUS 90 John Street, Suite 308 ORGANIZATIONS New York, NY 10038 1542 West 79th Street (212) 253-1710 Chicago, IL 60620 www.nesri.org (773) 651-6470 www.unitedcongress.org NORTHWESTERN SCHOOL OF LAW U.S. HUMAN RIGHTS FUND Bluhm Legal Clinic c/o Public Interest Projects 357 East Chicago Avenue 45 W 36th Street, 6th Floor Chicago, IL 60611 New York, NY 10018 (312) 503-8576 (212) 378-2800 www.law.northwestern.edu/humanrights www.ushumanrightsfund.org

THE OPPORTUNITY AGENDA US HUMAN RIGHTS 568 Broadway, Suite 302 NETWORK New York, NY 10012 250 Georgia Avenue SW, Suite 330 (212) 334-5977 Atlanta, GA 30312 www.opportunityagenda.org (404) 588-9761 www.ushrnetwork.org PEOPLE’S LAW OFFICE 1180 N. Milwaukee UNITED WORKERS Chicago, IL 60622 ASSOCIATION (773) 235-0070 PO Box 41547 www.peopleslawoffice.com Baltimore, MD 21203 (410) 230-1998 www.unitedworkers.org

Human Rights Success Stories from Across the United States 109 Photo Credits

Cover: Photo courtesy of United Workers’ Association

Page 8: Photo courtesy of Urban Justice Center

Page 17: Scott Robertson for Coalition of Immokalee Workers

Page 21: Alan Pogue for Coalition of Immokalee Workers

Page 23: photo © 2009 David Bacon

Page 23: photo © 2009 David Bacon

Page 28: Rob McGowan for Community Asset Development Re-defining Education (CADRE)

Page 31: Rob McGowan for Community Asset Development Re-defining Education (CADRE)

Page 31: Rob McGowan for Community Asset Development Re-defining Education (CADRE)

Page 35: Photo courtesy of United Workers’ Association

Page 41: Saul Soto, Photographer El Paso TX

Page 44: Saul Soto, Photographer El Paso TX

Page 47: Photography by James Stenson for Just Detention International

Page 48: AP Photo/Spencer Weiner, Pool

Page 51: AP Photo/Eric Risberg, File

Page 53: Photo courtesy of Columbia Law School

Page 56: Photo courtesy of People’s Law Center

Page 60: Photo courtesy of People’s Law Center

Page 64: Photo courtesy of Columbia Law School

Page 67: Photo courtesy of Columbia Law School

Page 69: Photo courtesy of Urban Justice Center

Page 73: Josina Morita for United Congress of Community and Religious Organizations

Page 75: Josina Morita for United Congress of Community and Religious Organizations

Page 78: Photo by Janvieve Williams Comrie for the US Human Rights Network

Page 81: Photo by Janvieve Williams Comrie for the US Human Rights Network

Page 82: Photo by Janvieve Williams Comrie for the US Human Rights Network

110 Perfecting Our Union Page 85: Jim West/www.jimwestphoto.com

Page 88: Photo by Paul Morse, Courtesy of the George W. Bush Presidential Library

Page 94: Jim Belfon for the U.S. Human Rights Fund

Page 98: Photo by Janvieve Williams Comrie for the US Human Rights Network

Page 102: Saul Soto, Photographer El Paso TX

Human Rights Success Stories from Across the United States 111 U.S. Human Rights Fund Public Interest Projects 45 W 36th St, 6th Floor New York, NY 10018 www.publicinterestprojects.org www.ushumanrightsfund.org