the activist june 2014 Contents Editorial 2 / The Judges May Fall Cătălin BUZOIANU | MA SOCIOLOGY AND SOCIAL ANTHROPOLOGY The editorial team is proud to introduce the 2014 issue of The 4 / Resilient Spirits Activist. Over the years, The Activ- ROLAND SCHMIDT | PhD CANDIDATE, POLITICAL SCIENCE ist has become more than just a 7 / The Forgotten People platform for CEU students to pub- RADU NICULESCU | MA POLITICAL SCIENCE lish their academic work and gain experience in editing and pub- 10 / The Fracking Puzzle ARIEL DREHOBL | MESPOM lishing: it is a medium through which students showcase their 13 / Eclipsing the Rainbow expertise, interests, and passions, CRISTIANO LUCAS SILVA GONCALVES | LLM COMPARITIVE CONSTITUTIONAL LAW combining their academic work 16 / Environmentalism in the Balkans with their own commitments to MACIEJ DYBALA | MA POLITICAL SCIENCE positive social change and activ- 18 / Uncovering the Complexities of Sex Work ism in myriad areas. Moreover, we wanted to focus on stories which break the illusion VICTORIA APOSTOL | MA HUMAN RIGHTS, OSJIF of isolation of specific issues, and put them in a global perspective This year, we wanted to further 21 / Life in the Neo-liberal Ghetto translatable to all levels and localities. What we have put together LIVIU DINU | ROMA GRADUATE PREPARATION PROGRAM our efforts in bridging the gap transcends mere geographical boundaries in order to draw awareness between academia and activism to common underlying injustices. Ariel Drehobl warns of catastrophic 24 / Intersecting Identities: Female labor migration to Russia by including stories that use the DZHOYS KUAOVI | MA GENDER STUDIES consequences of burgeoning global acceptance of fracking as the authors’ individual experiences solution to the looming energy crisis, Cristiano Lucas Silva Goncalves 27 / Invisible Women: Double discrimination of Roma women and friendships to bring atten- puts the Russian anti-LGBT laws in the context of the United Nations MIHAI-ALEXANDRU ILIOAIA | MA SOCIOLOGY AND SOCIAL ANTHROPOLOGY, PROJECT COORDINATOR AT ROMEDIA FOUNDATION tion to global issues. We have Human Rights Committee and examines the implications, Victoria 28 / Invisible Behind Bars: The need for US prison reform Roland Schmidt introducing the Apostol writes about the predicament of sex workers and the com- ISABEL PATKOWSKI | MA PHILOSOPHY injustices of the global war on plexity of different approaches to the topic, Dzhoys Kuaovi examines terror through a story about an 31 / ‘We Will Rise’ the intersectionality of female labor immigrants in Russia, Isabel RUTH MOSSER | ERASMUS EXCHANGE, GENDER STUDIES exceptional copy shop owner in Patkowski tells the tale of confinement that has become the dominant Sarajevo, Maciej Dybala’s photo- feature of the US penal system, Liviu Dinu sheds light on the segreg- graphs emphasize the beauty of ation practices against the Roma population in Romania, and Cătălin an area that is usually associated Buzoianu draws attentions to the contradictions and unexpected with war atrocities and ostensible consequences of universal jurisdictions. “backwardness,” Radu Niculescu ABOUT HRSI shines a light on a forgotten All these issues illuminate the hard work that awaits CEU graduates conflict and brings out a new The Human RightS Initiative (HRSI) is an awareness raising and capacity building organization based at in creating a more open and just society, but also unearth personal perspective through his friend- Central European University (CEU). It was founded in 1999 by the students of the CEU Legal Studies Hu- stories of success and involvement which open the doors to future ship with a Sudanese refugee, man Rights Program.Since then it has grown into an internationally-recognized human rights organization, progress. The cover picture, for example, is a testament to current instead of; Ruth Mosser focuses focusing on youth involvement, education and active student participation. HRSI’s mission is to promote involvement from our students. This picture, taken by Ruth Mosser, on migrants’ struggles through an social engagement through awareness raising and capacity building. Our main target groups are CEU stu- shows CEU students at a CEU student-organized solidarity rally for the interview with someone deeply dents and alumni, local and regional students, NGO staff and activists as well as local and regional NGOs. events in Ukraine of late 2013 and early 2014. In sharing these works involved in the refugee protests with you, we want you, the reader, to understand that the students at in Austria, and Mihai-Alexandru CEU are not just here to earn a degree; CEU students are here to enable Ilioaia provides an example of and catalyze positive change within our local and global communities. a pioneering campaign aiming Editors-in-chief Vishnupriya Bhandaram • Alexander Cooper Associate Editors Marina Van Riel • Tihana Bertek • Judith Langowski • Petya Krastanova • Ruth Pinto • Rebecca Smith • Isabel Patkowski • Ekaterina Sumina • Ar- to break the silence of Romani We hope that this issue of The Activist will not only inform you of global women in Europe. iel Drehobl Proofreaders Philippe-Edner Marius • Ruth Pinto • Marina Van Riel • Petya Krastanova • Rebecca injustices around the world, but also inspire you to act upon them.

Smith Design Vishnupriya Bhandaram • Katarina Kušić HRSI PROJECT MANAGER Katarina Kušić

the activist 2014 june 1 The Judges May Fall Can we imagine a world where universal jurisdiction is applicable without an implicit Scientific knowledge cannot help us resolve the double standard that divides the human contradictions and the unexpected consequences of rights violators we know and support, from our actions under universal jurisdiction says Cătălin Buzoianu the ones we gladly loath and denounce?

“The arrest of Augusto Pinochet in ish citizens in Chile.[2] Pinochet vicious murderers and torturers perpetrated during the first Gulf War, it showed just how discom- dominance of risk there are no the United Kingdom has focused had flown to the United King- in cases of human rights viola- forting for some the use of universal jurisdiction can really be [5]. decision-making processes which attention on a little used provi- dom to undergo minor back tions, from Argentina to Tibet. on the virtue of the accumula- sion of international law – the surgery, and allegedly was about Understandably, controversies Fast-forward to this past February when The New York Times repor- tion of information alone, which universal jurisdiction rule. This to cut short his recuperation envelop the concept of universal ted that Spain’s National Court issued warrants for the arrest of Jiang hopes to reconstruct a “unified rule allows the prosecution of by way of the hospital window jurisdiction. Amnesty Interna- Zemin (88), former President of the People’s Republic of China (PRC), picture of the world” that would those responsible for war crimes in the dead of night, just when tional has called it an “essential and Li Peng (86), the former Prime Minister, in a case related to alleged enable issues and problems to be or crimes against humanity in the the constables presented him tool of international justice” [3], human rights abuses in Tibet [6]. It was no coincidence that the group clearly distinguished and solved, courts of any country, regardless with the Interpol Read Notice. while Henry Kissinger himself of exiled Tibetans chose Spain of all countries to file the lawsuit back must not be ultimately content of where or when the crimes were has associated it with “the dictat- in 2006, but with the Pinochet affair in mind Spanish lawmakers of the with the lesser evil. In other committed and the nationality The importance of Pinochet’s orship of the virtuous”, the kind then ruling Socialist Party later acted in 2009 to restrict the reach of words, scientific knowledge can- of the victims or the accused. If arrest and subsequent 16-month which “has often led to inquisi- judges to either national territory or own citizens[7]. Now PRC pres- not help us resolve the contradic- applied effectively and fairly, detention cannot be overstated: tions and even witch-hunts” [4]. sures and Spanish export interests have jump-started the incumbent tions and the unexpected con- the universal jurisdiction rule it was the first time when under Historically, it may have helped Popular Party’s drive to curtail universal jurisdiction, specifically to sequences of our actions under could be an extremely import- the doctrine of universal jurisdic- drive the establishment of the limit the prosecution’s reach in cases of torture and crimes against universal jurisdiction just by its ant tool for combating the most tion the agents of a nation-state International Criminal Court in humanity to Spanish nationals, to Spanish residents or to foreign- unsubstantial claims to offer cer- serious human rights abuses.” arrested a former Head of State, The Hague. Politically, it surely ers living in the country whose extradition has been denied [8]. tain knowledge about the every- ­ carrier of a diplomatic passport, complicated issues of national day circumstances of their ap- Justice Richard Goldstone [1] without having committed any sovereignty, and legitimacy of But is it all a matter of economic interests, of choosing the po- plication. As always the potential (Constitutional Court of South Africa, former crimes on its territory. Faint prosecution by agents of Na- tential business partner instead of the potential criminal sus- ‘solution’ is political in nature, but Chief Prosecutor, International Criminal Tribunal reminders of those little ‘never tional Courts on foreign soil. pect? And more importantly, can we imagine a world where the difference is that decisions for the former Yugoslavia and Rwanda) again’ pledges made by those universal jurisdiction is applicable without an implicit double taken in societies of reflexive hunting the jungles of South After all, when in 2003 the standard that divides the human rights violators we know and modernity draw attention to their The episode that Justice Gold- America for Nazi war criminals names of former United States support, from the ones we gladly loath and denounce? own ad-hoc nature, and to the stone is referring to is the ar- after the Second World War grew (U.S.) President George H. W. diversity of discourses and points rest of former Chilean dictator tall like oak trees overnight. Bush, former U.S. Vice-Presid- By any reckoning, these are very difficult questions to answer even of view of the parties they affect. General Augusto Pinochet in ent Dick Cheney, and former without all the conflicting interests. On this note, the German so- October 1998 by a savage team “Fiat justitia ruat caelum”, this U.S. Secretary of State Colin ciologist Ulrich Beck has called attention to what he calls “reflex- In effect, this is just a very compli- of Scotland Yard bloodhounds ancient Latin saying calls us to do Powell, were brought like those ive modernity” – the contemporary historical period in which the cated way of saying that conside- armed with an arrest warrant justice even though the heavens of common liqueur store crim- pillars of modern society, rationalization, individualization and rable more progress in handling issued by Spanish ‘cowboy’ judges fall. In the past 16 years Spanish inals before a Belgium court market capitalism, have developed inasmuch as to reveal his- the political consequences of the Baltasar Garzon and Manuel judges have taken this phrase to by Iraqi families for purpor- tory and existence as riddled with uncertainties and risks [9]. State’s decisions against or for Garcia for crimes against Span- heart, and have pursued the most ted crimes against humanity In this world dominated by the obsession for the future and the pre- universal jurisdiction on the

2 Central European University Human RightS Initiative the activist 2014 june 3 suspects of crimes against human- higher economic interests in the pragmatic behaviour are brought to the copy shop we are sitting in. ity and their wretched would-be decision-making process than a to the light, not kept in the shad- Mustafa’s journey began on Octo- victims, can be achieved when sense of justice or of loyalty to ows. For all we know radical ber 18, 2001, with his arrest in Sa- contradictions of interests are defending human rights can lead judges such as Garzon may fall rajevo where he had been living manifestly taken into account. to more fruitful discussions in from the public spotlight, but the since the mid-1990s. Based on a The elected officials of the -na which the contradictions between issues they fought for must not. lead by US intelligence agencies, tion-state admitting to value a humanitarian discourse and a he and five other men of Algerian background were accused of belonging to Al-Qaeda’s branch ENDNOTES in the Balkans and plotting to [1] Hicks, Peggy and David Petrasek. 1999. “Hard cases: bringing human rights violators to justice abroad. A guide to universal bomb the US and UK embassies. jurisdiction.” Policy Guide, International Council on Human Rights Policy, Versoix, Switzerland. Only a month had passed since [2] Beaumont, Peter, David Connett, and John Hooper. 1998. “Pinochet arrested in London.” The Guardian, October 18. the attacks of September 11 http://www.theguardian.com/world/1998/oct/18/pinochet.chile. [3] Amnesty International. October 2012. “Universal jurisdiction: Strengthening this Essential Tool of International Justice.” and the “War on Terror” needed Index: IOR 53/020/2012, International Secretariat, Amnesty International, London. http://www.amnesty.org/en/library/asset/ its victories. However, despite IOR53/020/2012/en/dc002eb6-d143-49cc-9fa5-099b0e8829c1/ior530202012en.pdf. lengthy investigations and an [4] Kissinger, Henry. 2001. “The Pitfalls of Universal Jurisdiction.” Global Policy Forum. Retrieved March 13, 2014 intense pressure by US repres- (http://www.globalpolicy.org/component/content/article/163/28174.html). entatives, Bosnia’s law enforce- [5] Patrick, Stewart M. 2014. “Spain’s Welcome Retreat on Universal Jurisdiction.” The Internationalist. Retrieved February 14, 2014 ment agencies concluded that (http://blogs.cfr.org/patrick/2014/02/14/spains-welcome-retreat-on-universal-jurisdiction/). there was no credible evidence THE END OF A LONG JOURNEY The author with Mustafa Ait Idir, Hadj Boudella, and [6] Yardley, Jim. 2014. “Spain Seeks to Curb Law Allowing Judges to Pursue Cases Globally.” The New York Times, February 10. Wolfgang Petritsch outside of the Respekt Copy Shop PHOTO: Courtesy of the author http://www.nytimes.com/2014/02/11/world/europe/spanish-legislators-seek-new-limits-on-universal-jurisdiction-law.html. that would corroborate the US’s [7] Burnett, Victoria. 2009. “Spain: Vote on Changes to Inquiry Law.” The New York Times, June 25. allegations, justify the men’s http://www.nytimes.com/2009/06/26/world/europe/26briefs-Spain.html. continuous pre-trial detention, rendition fell on deaf ears. The Supreme Court. In one of the [8] See Yardley 2014. or even warrant the start of a new reality was Guantánamo. most important judicial de- [9] Beck, Ulrich, Wolfgang Bonss, and Cristoph Lau. 2003. “The Theory of Reflexive Modernization. Problematic, Hypotheses and criminal trial. Consequently, the Mustafa was among the first cisions relating to the “War on Research Programme.” Theory, Culture & Society 20(2):1-33. Supreme Court of the Federa- arrivals in the new detention Terror” (Boumediene vs Bush), tion of Bosnia and Herzegovina camp where he was repeatedly the court decided that Guantá- ordered their release. Mustafa’s beaten, kicked, subjected to en- namo detainees are entitled to arduous journey, however, forced nudity, deprived of sleep, an independent review of the was only about to begin. and held in prolonged solitary legality of their detention (habeas Instead of being released, the confinement. However, the US corpus). The US authorities were men were handed over to US authorities refuse to call this therefore compelled to present troops stationed in Bosnia. treatment torture. To this day, their alleged evidence justifying Resilient Spirits Mustafa’s face remains partly the detention of Guantánamo In an approach that screamed, paralyzed and one finger severely detainees in front of an inde- Roland Schmidt brings to light, the story of “either you are with us, or you are disfigured. Almost as excruciat- pendent court. As a consequence ing as the intentionally inflicted of this breakthrough, Mustafa Mustafa Ait Idir, a former Guantánamo detainee with the terrorists,” the US rep- resentatives in Bosnia had pulled suffering was the forlornness and four of his colleagues were out diplomatic and not-so-diplo- of his detention. Stripped of his among the first Guantánamo matic levers to coerce the local rights, Mustafa was continuously detainees to win their hearing. authorities to turn them in. In the interrogated, but never charged context of the “War on Terror”, or put on trial. In Guantá- After more than seven years, namo detention is indefinite. Mustafa was eventually released It is a beautiful day in Sarajevo. Mustafa in an upbeat mood. plain. I can’t do anything about the court’s decision had little The situation only changed when in December 2008. He was never Mustafa Ait Idir and I are sitting Lately, business has been go- the past. I take it day by day and bearing. Human rights norms a leading US law firm took up charged with a crime, never in the back office of his recently ing well and after years of what things are getting better. Step by were brushed aside as legal ideal- the case of the “Algerian Six” sentenced for any wrong-do- opened copy shop. We sip some seemed like a difficult odyssey, step.” And these steps have taken ism divorced from reality. Simil- pro bono and litigated their ing, but he also never received Bosnian coffee and for the first things are shaping up. “Trust me, him a long way – all the way back arly, attempts by the Office of the cause all the way up to the US an apology or compensation. time in a very long period, I see my friend, I don’t want to com- from Guantánamo and eventually High Representative to avert the

4 Central European University Human RightS Initiative the activist 2014 june 5 And while he finally reunited After more than seven years, Mustafa was with his family, his years in The Forgotten People Guantánamo continued to weigh eventually released in December 2008. heavy on his life. In addition to Radu Niculescu writes about the unsolved conflict in the hangover of the physical He was never charged with a crime, and mental tortures, economic never sentenced for any wrong-doing, Sudan and its unrecalled human toll worries soon emerged. Mustafa failed to find a job, and was left but he also never received an apology or struggling without a source of income and perspective. Though compensation. unemployment is not unusual in We live in a time when interna- refugees has remained constant Hague in 2014. Little did I know Bosnia, it became increasingly machines, plotters, scanners, IT equipment as well as necessary tional headlines are monopolized during the years, around 500,000- that behind his jovial and op- clear that his time in Guantá- payments for office rental to start up his copy shop. by the conflicts in Ukraine or 600,000, while the number of timistic personality a story of namo attached a stigma to him. Syria, while other issues remain in Internally Displaced Persons struggle and oppression was Suspicions die hard: Once sus- By means of Facebook, Twitter, press conferences and individual the shadows or receive very little (IDPs) has been steadily rising, hidden . When the conflict broke pected to be a terrorist, always a interviews with various news outlets the project and Mustafa’s story coverage (eg. the crisis in Sudan, with few exceptions, currently out in Sudan in 2003, he was a suspect. It was against this back- were promoted. And over time, not quickly, but continuously, dona- South Sudan, the Central African being at around 1,873,000 [2]. student in Khartoum, not ma- ground that Mustafa decided to tions started to come in. A large number of smaller donations, but Republic or the Democratic Re- Similarly, the situation in South ture enough to understand the set up his own business. If people also a few ‘heavy weights’ eventually turned what had started as an public of Congo). As new conflicts Sudan is not getting any better, nature and possible outcome of did not want to employ him, he audacious idea not only into a source of income, but also an expres- emerge, the public attention is and has been far from stable, the conflict. For him, as for many could become his own boss. sion of solidarity, support and recognition of the injustice experienced. shifted away from older (and leading to more than 100,000 others of his compatriots, it was often unresolved) ones, push- refugees and 400,000 IDPs [3]. only a step of change, another Due to my previous work as a Today, Mustafa is the proud owner of a copy shop offering everything ing these to the bottom of the one of the many violent phases human rights researcher for from copy services to imprinted mugs and T-shirts. With no small world’s agenda and often leaving But these are just numbers, through which his country was the UN Special Rapporteur on touch of irony, the shop is located right next to the Supreme Court them to be slowly forgotten. statistics which can express how already going. He believed that Torture, I had already known which ordered Mustafa’s release in 2001 and some of his custom- dramatic the situation is, but can the Government was capable of Mustafa since his release and ers’ printouts carry the sponsor logo of the US embassy (which he One of these “forgotten” con- only tell a part of the tale without controlling the rebel groups due was familiar with his case. Con- allegedly wanted to bomb). The same police officers who handed flicts is still taking place in Sudan, truly focusing on the human to its experience in crisis man- tacted by Wolfgang Petritsch, him over to US troops are among his most regular clients. “Trust where the situation is a persistent element. The aforementioned agement. However, when the the former High Representative me, Roland, they remember me, they know me. I asked them. reminder of the international numbers do not tell the full story rebel movement started to divide to Bosnia who had tried to avert But they never said sorry.” And after a pause, Mustafa says with community’s inability to solve in- of the people of Sudan or South into smaller factions, the con- his rendition in 2001 and sup- a sly smile, “But when they come, they never ask for the price”. ternal issues which often see gov- Sudan, or of refugees and IDPs flict became more complicated. ported Mustafa’s case through The opening of the copy shop is in many ways a somewhat positive ernments being unable or unwill- in general - people who have Losing or winning in such a case the years, we decided to support ending to a sad story, but it should not distract us from the under- ing to protect their populations endured unimaginable hardships became confusing – divisions his endeavor. The goal: to kick- lying and continuing injustice. It would be first and foremost incum- and human rights being abused and had to fight for their lives based on tribes or ethnicities led start a copy shop. Together we bent on the US as well as its complaisant allies to provide former without any foreseeable remedy. and flee their homes. The only to human casualties which were started to develop a business Guantánamo detainees with redress. As encouraging as the success Today, more than ten years after thing highlighted by statistics is hard to measure. In the end, as plan, budget and eventually a of the crowdsourcing campaign might be, this activism should not the violence that broke out in the fact that the problem re- Adam described it, the conflict proposal for a crowdsourcing have been necessary. The project’s numerous supporters stepped Darfur in 2003, Sudan has split mains years later, and that little took unbelievable proportions website to raise 25,000 Euros. in where states failed to respect their human rights obligations. into two states, with South Sudan has been done while millions and due to the unimaginable The amount would cover the Mustafa didn’t call his shop “Guantánamo”, but “Respekt” as in the being the world’s youngest state, of people are left suffering. scale of violence everyone lost acquisition of the necessary copy respect of human rights. That’s all he wanted. That’s all he wants. but with both countries unfortu- something or somebody. nately occupying the third and One such story is that of Adam, fourth place respectively in the a young Sudanese refugee who In 2005, Adam was arrested by Failed State Index developed by saw his life fall apart due to the the Government for one year. the Fund for Peace and Foreign violence that took a hold of his There was no case against him, Policy [1]. What is more worrying country. I met Adam during a no stated reason for the arrest, is that the number of Sudanese Youth in Action training in the thus leading civil rights groups

6 Central European University Human RightS Initiative the activist 2014 june 7 and human rights activists to The prospects for a solution to the organizations, tend to be forgotten the refugees and IDPs. The UNHCR chose sides and go on offence. demand his release. He was by the international community. is already overstretched due to As problematic as this is, it re- not taken to court, nor officially Sudanese conflict are bleak, leaving ahead The prospects for a solution to the numerous situations it is trying mains the only option in the face indicted, and he believes this was the Sudanese conflict are bleak, to manage while countries are re- of allocating a significant amount the Government’s way of show- a future of uncertainty for more than two leaving ahead a future of uncer- luctant to do mass resettlements of resources with few positive ing that the faith of its citizens million foricbly displaced people. tainty for more than two million or local integration, leaving mil- outcomes. If the UN wants results, hung on a thread. When he was forcibly displaced people. lions of people in a state of limbo. it needs to become more prag- released from prison one year Thirdly, and most importantly, the matic and determined in solving later, he fled to Cairo where he The options for such a conflict are main option remains voluntary such conflicts, otherwise they withholding information and that 150 km away from Nairobi). He tried to register as a refugee. He threefold. First, such situations return. However, this is only pos- could go on forever in spite of the he was co-operating with the only returned when the situ- was given a six-month waiting need a prompter reaction from sible once conflicts are over and billions of dollars thrown at them. Government. When he met him, ation became safer. This is also period before his refugee status the UN and the international com- the situation has become stable. given that he knew him before, when some good news finally determination (RSD) interview munity, especially in cases which So why do we need to raise he only asked him to transmit to arrived after years of struggles would take place, and then, prompt for intervention possibly Both Sudan and South Sudan have awareness about such situations? his friends that he was on hunger and waiting. On November 19, after being informed that it will under the Reponsiblity to Protect seen a number of peacekeeping In my opinion, we owe it to people strike, if anything bad happened. 2012, thanks to UNHCR and the not take more than a week, he (R2P) doctrine. Sudan was a first missions [5], all of which have like Adam, who had to endure Not only did this not happen, Dutch government, Adam was had to wait another six months test and a first failure for the R2P, had a total expenditure of more difficulties none of the readers of but it was later discovered that resettled to the Netherlands. He without even receiving a call. He as little has been done to address than $20 billion without improving this piece have probably endured, all the information about his received housing from the Dutch was relying on family and friends the situation from its very begin- the situation. An option remains and hopefully will never have to. interview was gone, and all the authorities and he is currently during this period and after losing ning. The government demon- in the rethinking of the peace- Secondly, we owe it to his family, files and cases have disappeared doing translation work, hoping to members of his family in Darfur, strated its inability and its unwill- keeping missions’ mandates, as to his Sudanese compatriots, and without a trace. Moreover, issues improve his academic education he decided to go back to Sudan. ingness to protect its population, it was the case of the Democratic to all of those who are torn apart related to UNAMID’s internal in the future. He says that it was therefore shifting this responsibil- Republic of Congo in 2013, when by war and who sit helpless in wait and external communication a bit hard to adapt at first but, In 2008, after returning to Sudan, ity to the international community an intervention brigade was cre- for a solution. Lastly, we owe it to have been noted by former “after a long and difficult jour- Adam managed to get a job and which was slow to react and in the ated to address the root causes ourselves, if we truly believe that employees, who expressed their ney, you get to feel a bit familiar tried to rebuild his life, only to end did little to protect the citizens of the conflict [6]. Such a move we can do more “to save future grave concern about the mis- with strange places”, therefore be arrested again after one and of Sudan. Secondly, given that the completely changes the optic of generations from the scourge of sion’s reporting methods [4]. not making it so difficult to a half years. As he described it, conflict has evolved and has led to traditional peacekeeping missions, war” [7] and if we truly believe that cope. His new fight is to help his the second time in prison was the displacement of millions, more based on neutrality and a self-de- human rights apply equally to all. Adam was released shortly after brother, who is in a hospital in tougher as the authorities wanted has to be done in terms of aiding fensive mandate, making the UN this event took place and his Kenya due to sickness — making to send a message, maybe even only option was to flee to Kenya. it even harder for him to seek to kill him, to show that his life He found out about the disap- asylum. After all the setbacks can be taken away at their discre- ENDNOTES pearance of his case files when he faced, Adam concludes that tion.After the 30-day preventive [1] “The Failed States Index 2013” http://ffp.statesindex.org/rankings-2013-sortable (accessed March 21, 2014) he asked for them as they could the only ones willing to help are arrest period expired, he decided [2] UNHCR Population Statistics http://popstats.unhcr.org/ (accessed March 21, 2014) have been useful during his RSD UNHCR, they are “one of the [3] Ibid. to go on a hunger strike as a sign interview with the UN Refugee good ones, at least they try”. [4]“UNAMID is distorting the truth about Darfur”, Free Pres Unlimited (December 13, 2013) of protest for not being released Agency (UNHCR). In the end, he https://www.freepressunlimited.org/en/article/unamid-distorting-truth-about-darfur (accessed March 21, 2014) according to law. This promp- stayed for four years in Nairobi, In lieu of a conclusion Adam’s [5] UNAMIS (UN Mission in the Sudan), deployed from 2005 to 2012; UNMISS (UN Mission in South Sudan), deployed from 2011 to ted a visit from UNAMID, the doing translations, seldom find- story is similar to the stories of present; UNISFA (UN Interim Security Force for Abyei), deployed from 2011 to present; and UNAMID (the African Union – United UN mission in Darfur. The visit Nations Hybrid Operation in Darfur), deployed from 2007 to present. http://www.un.org/en/peacekeeping/operations/ (accessed ing work and constantly lacking many other forcibly displaced led to the UN sending a letter to March 21, 2014) money. After receiving news persons, most of them unfortu- the Headquarters of Khartoum [6] “UN’s peacekeeping offensive in DRC” Al Jazeera (August 30, 2013) from a friend that the Sudanese nately not having the chance of http://www.aljazeera.com/programmes/insidestory/2013/08/20138276118639520.html (accessed March 21, 2014) Intelligence Service calling for his government was trying to make a voluntary return, resettlement, [7] Charter of the United Nations, Preamble, https://www.un.org/en/documents/charter/preamble.shtml (accessed March 21, 2014) release. The UN Human Rights arrangements to get him depor- or local integration. They are Officers interviewed him for a ted back to the country, he repor- the people who, besides the number of days but he believes ted this to UNHCR and ran away UNHCR and a number of NGOs, that one of them, a Sudanese from Nairobi to Nakuru (around governments and international man with British nationality, was

8 Central European University Human RightS Initiative the activist 2014 june 9 The Fracking Puzzle

Ariel Drehobl finds that fracking is the latest threat towards Environmental Human Rights

As the global population contin- ally 2-8 million gallons of water lacking. For example, the United ues to grow, we will have to make are used per well. This process States is predicted to displace difficult choices about which creates wastewater that is then Saudi Arabia as the world’s risks we are willing to accept in retrieved from the well and taken greatest producer of oil due to order to obtain the necessary to a disposal site. Many fracking the US’ fracking methods. Last energy for the lifestyles we wish plants that process the gas and year the US produced 7.4 million to live. Fossil fuel sources, nuc- wastewater run 24-hours a day, barrels of oil a day, and this year lear technology, and even re- creating noise and light pollution 8.3 million barrels are predicted, A NEW THREAT Fracking the Backken Formation in North Dakota PHOTO: Joshua Doudek/Wiki Commons newable energy sources all have that may disturb people and and fracking is attributed to this risks that need to be weighed wildlife nearby [1]. The chemicals massive increase [4]. Proponents against one another. Currently, used in the process are mostly also predict that fracking will reduce air quality, pollute ground to increased sexual violence. A the United Kingdom, Romania, hydraulic fracturing, often re- untested, and they create air and cost less than one-third the price and surface waters, contaminate 2013 New York Times article high- France, and Poland. Many of ferred to as ‘fracking’, has risen water pollutants that have not of oil and is expected to create soil and ecosystems, and affect lighted the potential increases of the protest groups highlight the to prominence in the energy been entirely identified [2]. Filters 600,000 jobs [5]. Some also be- human health. One study found sexual violence against women human rights conflicts that may discourse as a possible alternat- used in fracking sites have also lieve that fracking may help curb that of 353 chemicals known to that gas fields can create due arise in relation to the pollu- ive to these other risky energy been found to produce 27-tons the effects of climate change as be used in fracking, 25% could to an influx of men into these tion from fracking. The rights to sources. Although fracking has of dirty, radioactive filters per burning shale gas produces less cause cancer, 40-50% could affect communities [8]. After assessing security of persons and bodily yet to be implemented to its full day [3]. Despite the pollutive greenhouse gases than burn- the nervous system, immune the effects of fracking, the UN integrity, to family’s protection, global potential, the discourse process, fracking allows us to ing coal and other fossil fuels, and cardiovascular systems, and General Assembly stated that the to the protection of motherhood surrounding fracking has spread tap into a previously unavailable but others argue that we need more than 75% could affect the environmental damage caused and childhood, and to a clean throughout the world. Politicians, energy source with great success. to more away from carbon fuel skin, eyes, and respiratory sys- by fracking activities poses “a and healthy environment are scientists, businesspersons, and sources altogether and increase tem [6]. Chemicals used during new threat to human rights” [9]. some of the rights under threat anti-fracking activists are cur- Although fracking may have investment in renewables. the fracking process may seep from this spreading practice [10]. rently debating whether fracking serious environmental impacts, into deep-water wells, which Fracking activities should be should become a major method proponents argue for its posit- While proponents champion will harm entire communities. sufficiently examined by each But not everyone believes that of energy extraction in the future. ive effects. Fracking advocates fracking’s safety and efficiency, Between 2008 and 2012, 161 locality in order to best assess the fracking is dangerous or a threat. emphasize the fact that fracking opponents highlight its potential instances of drinking water effect fracking may have on the Many proponents continue to Fracking is a multi-step pro- provides an unconventional dangers. Many aspects of frack- contamination were reported in local environment. Anti-fracking champion the technology as a cess in which rock is fractured fossil fuel source, which releases ing have not yet been intensely the United States [7]. Billons of groups have arisen in many of way to curb climate change and through the use of pressurized less CO2 when combusted than scrutinized or researched, and gallons of water will potentially be the locations that fracking has stimulate faltering economies. liquid in order to release shale coal or oil. The fracking process studies are currently underway in removed from the earth’s hy- or may take place, with names Fracking is not a new technology. or other natural gases. First, creates jobs and stimulates eco- numerous countries and municip- drologic cycle just to be pumped such as Frack-Off, No Fracking The process has been around for water is mixed with chemic- nomies, and shale gas can also alities to determine the environ- into the ground again for the Way, and Stop Fracking Now. decades, but it is only recently als and then pumped into the help increase the sense of energy mental and health effects of the fracking process. This loss of Protests and demonstrations that it has been implemented ground at high pressure in order security for a nation as shale gas technology. Even with this un- water may also, and already is, have gained momentum around efficiently and effectively. This to create fissures in the rock to can be harvested in countries certainty, many scientists believe threatening fragile ecosystems. the world, in countries such fracking puzzle hinges on the fact allow the gas to escape. Typic- where other energy sources are that fracking has the potential to Fracking activities may also lead as the United States, Canada, that we need energy but we are

10 Central European University Human RightS Initiative the activist 2014 june 11 Is the potential for water contamination Eclipsing the Rainbow and health deterioration worth the affordability of energy for those with tight Cristiano Lucas Silva Goncalves shows how budgets? Is the social stress placed on the lack of freedom for sexual minorities fares with the standards set by the United Nations Human communities worth the jobs that fracking Rights Committee could bring? Since 2006 France, Uruguay, Kostroma, Saint Petersburg and tee related to sexual minorities’ Denmark, New Zealand and five other Russian regions passed rights are discussed based on other countries saw their Parlia- their own laws, followed by the the articles that protect private not sure what risks are worth facing in order to obtain it. Is the potential for water contamination ments allow same-sex marriage. federal Parliament that extended life, freedom of expression and and health deterioration worth the affordability of energy for those with tight budgets? Is the social The judiciaries of Brazil, the the ban to the whole territory. prohibit discrimination, respect- stress placed on communities worth the jobs that fracking could bring? Currently only a handful of United States and South Africa What these bills and laws against ively articles 17, 19 and 26 of the states have implemented fracking technologies while many more brace themselves for the protests did not remain inert in advancing homosexual propaganda share is ICCPR. Apart from their peculiarit- and heated debates against fracking that will take place in the future. Each state must decide if the rights of lesbian, gay, bisexual, the concept that this kind of pro- ies, such as the conditions under risks from fracking outweigh the benefits, if the economic benefits are worth the risks, and if altern- tran*s (LGBTs): the first allowed paganda is a threat to children which they can be limited, each atives to fracking may be better suited to maintain the quality and safety of life for its citizens. same-sex civil unions, the second and the freedom of those will- of them contributed extensively granted federal recognition of ing to express positive views on to a wave of recognition of sexual

same-sex unions related to some homosexuality should be limited. minority rights’ violations before ENDNOTES federal benefits, and the third the Committee in the early-1990s. [1] Marshall, C. 2014. Fracking ‘could harm wildlife’. BBC News, 13 March. URL: http://www.bbc.com/news/science-environment-26553117 forced the parliament to legalize As freedom to express one’s [2] Beebeejaun, Y. (2013). The Politics of Fracking: A Public Policy Dilemma? Political Insight 4 (3): 18-21. [3] Weissmann, D. 2014. Fracking: 27 tons of dirty, radioactive socks per day. Marketplace, 12 March. same-sex marriage. In a reverse views is recognized as a human The Committee, nevertheless, URL: http://www.marketplace.org/topics/sustainability/fracking-produces-27-tons-dirty-radioactive-socks-day trend, Russia began a crackdown right, conventions and covenants was initially reluctant to grant [4] Usborne, D. 2014. Fracking is turning the US into a bigger oil producer than Saudi Arabia. The Independent, 11 March, on so-called homosexual propa- are called upon to scrutinize rights to sexual minorities. De- URL: http://www.independent.co.uk/news/world/americas/fracking-is-turning-the-us-into-a-bigger-oil-producer-than-saudi-ara- ganda. It was followed by Mol- these limitations and verify the cided in 1982, the case Hertzberg bia-9185133.html dova, Ukraine, Lithuania and Hun- compatibility between these laws v. Finland, one of the few cases [5] Clarke, C.E., Boudet, H.S., & Bugden, D. (2013). Fracking in the American Mind: Americans’ Views on Hydraulic Fracturing. September gary, each of them attempting to and human rights. All the men- before the Committee that 2012. Yale University and George Mason University: New Haven, CT: Yale Project on Climate Change Communication. pass similar legislations. More re- tioned countries have ratified touched upon LGBT rights, was URL: http://www.climatechangecommunication.org/reports [accessed 10 February 2014]. [6] Colborn, T., Kwaitkowski, C., Shultz, K., & Bachran, M. 2011. Natural Gas Operations from a Public Health Perspective. Human and cently, in Uganda, a shocking law, the International Covenant on concluded with the Committee Ecological Risk Assessment 17: 1039-1056. which goes much further than Civil and Political Rights (ICCPR), finding no violation to the right [7] Polus, S. (2013). Side effects of fracking pose environmental concerns. 12 October. Cumberland Times. limiting propaganda, was signed, and, with the exception of Nigeria to freedom of expression of URL: http://www.times-news.com/local/x134979311/Side-effects-of-fracking-pose-environmental-concerns [accessed 10 February 2014]. and Nigeria has a similar project and the United States, are also the complainants. Similarly to [8] Eligon, J. (2013). “An Oil Town Where Men Are Many, and Women Are Hounded.” The New York Times, 15 Jan, [1], [2]. What seemed to be a signatories of the First Optional the current drawbacks on LGBT URL: http://www.nytimes.com/2013/01/16/us/16women.html. tendency in recognition of rights Protocol to the ICCPR that gives rights, the issue under discussion [9] Document A/HRC/18/NGO/91, “Hydraulic fracturing for natural gas: A new threat to human rights,” distributed September 19, 2011. [10] Environment and Human Rights Advisory. 2011. A Human Rights Assessment of Hydraulic Fracturing for Natural Gas. to sexual minorities has been jurisdiction to the United Na- was about public expression of URL: http://environmentandhumanrights.org/resources/EHRA%20frac%20rpt%20111212-1.pdf suffering a severe setback [3],[4]. tions Human Rights Committee ideas related to homosexuality. (the Committee) to rule on cases In Hertzberg, the Committee was The first of these anti-homo- related to alleged violations on called to decide about a Finnish sexual propaganda laws was rights protected by the Covenant. policy, based on a criminal law passed in Ryazan region, south of But does the Committee have that barred TV and radio broad- Moscow, and imposes an admin- something to say on the matter casters from raising discussion istrative fine on those engaged in of these homosexual propa- about homosexuality amongst “public actions aimed at pro- ganda bans? If so, does it offer Finnish society. The Committee paganda of homosexuality […] help to sexual minorities [5]? based its reasoning on article amongst minors”. Arkhangelsk, Litigation under the Commit- 19(3) of the ICCPR and ruled that,

12 Central European University Human RightS Initiative the activist 2014 june 133 as understood back in the 1980s, According to Mr. Opsahl ‘“public morals’ the limitation of that right was within the margin of discretion of […] are relative and changing. State the Finnish State and was justi- fied by the necessity of protection imposed restrictions on freedom of of public morals. Moreover, the expression must allow for this fact...” Committee assessed that inform- ation raised in such discussion Thirty-five years have passed since could be a harm to minors. Opsahl’s words were written and it seems Another prominent international that this lesson has yet to be learned. institution that was tuned with a similar understanding regard- ing sexual minority rights is the European Court of Human General Comment No. 34 on be justified by the morality claims While this article was being Rights (ECHR). This tendency of Article 19 of the Covenant are presented by Russia [7]. written, the outcome of a Parlia- non-recognition of rights was the main grounds used by the mentary session in Lithuania that reverted since Dudgeon v. United RIGHTS FOR ALL Protests against Russia’s banning of Gay Pride, July 1 2011, outside the Rusain Embassy in London PHOTO: Peter Gray/ Wiki Commons Committee in its reasoning. From The grounds on which the decided upon another ban on Kingdom, in which the ECtHR Toonen, the Committee found Committee based its decision expression rights of sexual minor- found that criminal provisions the Ryazan law discriminatory strengthen sexual minorities ities based on morals was still un- prohibiting homosexual con- due to the difference in treatment on its current struggle, not only known. Although voting with the sensual sex in Northern Ireland towards homosexuals. General to have rights recognized, but majority in Hertzberg, Mr. Opsahl, were in violation of the right to Comment No. 34 was used to also not to see the curtailment member of the Committee, said privacy granted by the European repeal the argument that those of those already protected. In that “‘public morals’ […] are relat- Convention on Human Rights. laws have the aim to protect Fedotova, the Committee over- ive and changing. State imposed morals due to the fact that ruled Hertzberg and reinforced restrictions on freedom of expres- Toonen v. Australia is the coun- The case Fedotova v. Russian Federation is about the first of the morality arguments should not be the ICCPR prohibition of sexual sion must allow for this fact and terpart of Dudgeon before the regional Russian laws limiting homosexual propaganda [6], [7]. The based in a single moral tradition. minorities’ discrimination. The should not be applied so as to UN Committee. Called to decide complaint before the Committee was brought by a LGBT activist who In other words, the Committee main consequence of this case perpetuate prejudice or promote about the criminalization of was fined for holding posters containing positive messages about found the law in Ryazan that is the narrowing of the margin intolerance” [8]. Thirty-five years homosexual male sex in Tas- homosexuality near a secondary school in Ryazan [8], [9]. After unsuc- banned homosexual propaganda of discretion granted to a state have passed since Opsahl’s words mania, the Committee laid down cessfully applying to domestic courts to revert the fine, she complained to minors to be discri-minatory, when limiting expression rights were written and it seems that a principle that poses a great to the Committee alleging an illegal violation on her right to freedom therefore in violation of the and public discussion of society’s this lesson has yet to be learned. influence not only in the ongoing of expression and claimed the law to be discriminatory. The relevant ICCPR, and that the limitation on acceptability towards homosexu- discussion over prohibition of core of her claim, therefore, lies on two propositions. First, the freedom of expression could not ality based on morality grounds. propaganda of homosexuality, limitation on her right implies that homosexuality is morally wrong, but also on other issues related which goes against an understanding of sexuality not as an acquired to different treatment of sexual condition, but in the opposite, that it is ontological to the individual. ENDNOTES minorities. After Toonen, an Secondly, that she was discriminated due to her sexual orientation. [1] Leo Hertzberg et al. v. Finland, Communication No. 61/1979 (United Nations Human Rights Committee 1982)., paragraph 10.4. ICCPR prohibition on discrimina- [2] Dudgeon v. the United Kingdom (European Court of Human Rights 1981)., paragraph 63. tion encompasses prohibition on The Russian government, on the other hand and what affects the [3] Nicholas Toonen v. Australia, Communication No. 488/1992 (United Nations Human Rights Committee 1994)., paragraph 8.7. grounds of sexual orientation. In mentioned arguments, contended that it was acting with a will to [4] Irina Fedotova v. Russian Federation, Communication No. 1932/2010 (United Nations Human Rights Committee 2012)., paragraphs applying this principle in different protect morals, what according to its views is allowed by the Covenant, 3.5 and 3.6. [5] Ibid., paragraph 6.1. cases such as Young v. Australia and that the complainant was not discriminated as the fine was not [6] This General Comment also addresses the necessity that limitations should not violate non-discriminatory provisions of the and X. v. Colombia, the members imposed due to her sexuality, but because she infringed the law. Covenant. Nevertheless this claim can be better supported by the previous case law rather than on this Comment. of the Committee decided that The Committee in Fedotova construed its position about the Russian [7] Ibid.Irina Fedotova v. Russian Federation, Communication No. 1932/2010 (United Nations Human Rights Committee 2012)., it has applicability in the Rus- ban on homosexual propaganda: it concluded that the Ryazan law paragraph 10.8. sian ban on LGBT propaganda. is in violation of the ICCPR. The abovementioned case-law and [8] Hertzberg et al. v. Finland, Communication No. 61/1979 (United Nations Human Rights Committee 1982).

14 Central European University Human RightS Initiative the activist 2014 june 15 Environmentalism in the Balkans

Maciej Dybala brings back his memories from Sisak Eco Film Festival in Croatia and BiH in May 2013

Sisak earned the reputation of being the most polluted city in Europe. While this might be the product of local media’s sensationalism, the fact remains that it is the home to chemical and petrochemical indus- tries, and the town with the highest rate of air pollution in Croatia [1]. In 2008, the Sisak Culture Center decided to organize an ecological film festival to counter the image of the town as an environmental wasteland.

The idea was that the festival team would commute by bicycles from one place to another and raise environmental awareness by screening short movies touching upon environmental issues. The festival was RELIGIOUS AFFILIATIONS The occassional mosque reminds us of the unique and hetero- successful enough to have an edition every following year, including genous Bosnian population of Muslim Bos- the one in May 2013 when I joined the festival team as a volunteer. niaks, Catholict Croats, and Orthodox Serbs. While the nature shines, troubled history of the In two weeks, over a distance of roughly 700 kilometers, we visited region has had an impact on lived life. twenty local communities in Croatia and Bosnia and Herzegovina.

The team, as well as our hosts along the way, enjoyed beautiful landscapes, delicious food, and the hospitality for which the region is known for. At the same time, we passed houses destroyed during the war in the 1990s, heard stories of loss and pain, and navigated away from mine fields now covered in beautiful meadows and flowers. This juxtaposition of a region showcasing all its beauty and all its troubled history at the same time made an impact on all participants. Person- ally, I came to three conclusions. Firstly, it felt right to be in a region that is so beautiful and historically charged, and already working on environmental issues that will help shape a better future. Secondly, I was inspired by the organizers of the festival who cared about the RESILIENT NATURE The destruction of the war is contrasted by pristine landscapes. PHOTOS Courtesy of the author. future while still dealing with problems from the past and the present. BATTLE SCARS Reminders of the war remain and messages to the twenty local communities planned on our way. scattered around the area. The municipality’s money that was supposed to support the festival The turnout varied from no one showing up, to overcrowded rooms was suddenly more needed for supporting the incumbent candidates with people sitting on the floor. Most villages celebrated our arrival as for the local elections which were accidentally taking place in the same an important community event, and we all hoped that our presence time as the festival - this event further proved how defiant the organ- will influence at least one person in the village, if not entire groups izers were in the face of deteriorating political and economic situation and future decision makers. in both Bosnia and Croatia. Lastly, I realized much traveling by bicycle can change one’s experience of a route. We bonded not only with each other, but also with the hosts in small villages we passed, and ENDNOTES DANGER, MINES! The project of removing the natural surroundings that served as our home for the two weeks. [1] Carter, F., & Turnock, D. (2001). Environmental Problems in East-Central Europe mines from BiH remains to be completed. All this made our team very motivated to deliver our ecological movies (2 edition.). London; New York: Routledge.

16 Central European University Human RightS Initiative the activist 2014 june 17 seems to be blind to the exist- Uncovering the ent diversity of women and men within the EU. Hence, it means to adopt a traditional vision of sex Complexities of work, namely a relationship only between heterosexual women Sex Work and heterosexual men and this is automatically violent. In this Criminalization of a client is an inappropriate way to regard, the report fails to acknow- ledge that there are lesbian/gay, deal with sex work finds Victoria Apostol bisexual, trans* women and men, alongside heterosexual women and men that can engage volun- On February 26, 2014 Members men paying for sex constitute an towards sexual activities. This tarily in sex work based on the of the European Parliament oppressive form of objectifying paper is based on the belief that consent between two or more (MEPs) voted on a study called women by seeing their bodies as the word “prostitution” and its adults. The failure to acknow- “Sexual exploitation and prosti- a commodity [3]. In this regard, derivatives are offensive. I would ledge this diversity translates tution and its impact on gender the report aims to call upon rather use the terms “sex work- into failure to address problems FIGHTING BACK Sex workers rally in Kolkata, India, July 24, 2012. PHOTO Sourced from paper-bird.net equality.” [1] The report is known member states to address human ers” and “sex work” for making faced by sex workers in relation as the ‘Honeyball’s Report’ be- trafficking and sexual exploitation references to persons engaged to their certain characteristics. cause of its rapporteur Mary Hon- as a gender-related problem. It in sexual activities, regardless of For example, a gay man may eyball, a Member of the European seems that the report is appropri- whether they were forced or not need a different assistance than as women (all kinds of women) and violence applied to sex workers Parliament for the Labour Party ate, since it addresses a serious to practice this type of work. a heterosexual woman. Adopting who do not identify themselves as women. This difference is import- representing London and a mem- problem bringing even solu- a traditional vision of sex work ant because it addresses the double discrimination and violence ber of the Committee on Wo- tions for it, but in fact it is not. One of the main problematic as- leads to a situation where sex that female sex workers can face. They have to suffer because they men’s Rights and Gender Equality pects of the Honeyball’s report is workers who are not falling into are women and because they are sex workers. For example, the EU [2]. The main call of the report There are several problematic that it does not make a difference the traditional understanding of Agency for Fundamental Rights launched recently a survey on viol- refers to the “Nordic Model”, elements that make the Honey- between voluntary sex work and sex work continue to be invisible. ence against women within the EU and according to this survey “half criminalizing those who purchase ball’s report an inappropriate forced sex work. Forced sex work of all women in the EU (53 percent) avoid certain situations or places, sex, as an appropriate solution approach towards human traf- can be understood as sexual The report puts a big emphasis at least sometimes, for fear of being physically or sexually assaulted” and measure for ending human ficking, sexual exploitation, and exploitation that can be a result on the violence faced by sex [6]. This is just an example showing that violence against women is trafficking and sexual exploita- sex work. This article explores of human trafficking or through workers. It suggests that this not a problem related exclusively to sex work and is not caused by tion through addressing gender only some of the problematic other force. This aspect is high- violence is a result of gender in- sex work. Women face violence in different spheres of life, including inequalities. It was designed aspects of the Honeyball’s re- lighted also by two groups of equalities and of the way women private and public realms, but female sex workers are even more from the perspective that sexual port. My critique is designed MEPs that expressed their opin- are perceived by men. Therefore, vulnerable to it, because of the stigma attached to them. Stigma trans- activities that have attached from a point of view reflecting ions as a minority opinion in rela- it concludes, sex work should forms sex workers in a second class citizens and dehumanizes them. economic implications repres- the reality of sex work rather tion to the report [4]. In fact, the be diminished by criminalizing ent a gender issue. Simply put, than from a moralist perspective report mentions that there are its purchase [5]. This assump- One example of stigma promotion is the Honeyball’s Report two main approaches towards tion illustrates an inappropri- in itself since it contains terms like “prostitution”. It refers to sex work, one of them being ate approach towards violence sex workers as prostitutes, a term that has a negative con- Voluntary sex work cannot be treated voluntary engagement. However, against sex workers because notation, and it clearly implies that it is wrong/immoral to en- as forced sex work. It needs a different it does not seem that the authors it focuses exclusively on those gage in sexual activities with someone for payment [7]. of the report fully acknowledge who identify themselves and/ and seperate approach that should that sometimes sex work is a vol- or can be identified as women. The report implies that normalizing sex work will be a form of con- untary choice people make, which Violence against sex workers tinuation of gender inequalities [8]. An argument as such denotes address the needs of sex workers and means that the report ignores should be analyzed at least a very moralistic and traditional perception of sex work and is an recognize the rights they are entitled to. the reality of sex work and the from two perspectives, namely improper understanding of gender equality. It implies that only real problems related to it. This violence applied to sex workers women are, and will be, sex workers. Why should we not see the

18 Central European University Human RightS Initiative the activist 2014 june 19 sex work as a job performed by health, and work [9]. There are different groups which support or both men and women where are calling for the decriminalization of sex work, this includes the Life in the women are clients too? Would World Health Organization, UN Women, the Global Commission on not this be gender equality? HIV and the Law, the UN Special Rapporteur on the Right to Health, Canadian HIV/AIDS Legal Network, Human Rights Watch, the Kenya Neo-liberal Ghetto However, it is worth to mention National Human Rights Commission, the Open Society Founda- that there is an alternative to tions, and the South African Commission on Gender Equality [10]. Liviu Dinu talks about governmental policies redefin- this report, namely the policy ing the urban space inhabited by Roma in Romania paper designed by Amnesty Criminalization of any parties involved in sex work (workers and/ International (AI). The AI paper or clients) entails transfer of sex work into the illegal sphere. demonstrates that sex work This move will not help to eradicate prostitution, but it will rather cannot be approached from a make it uncontrolled and dangerous type of occupation and en- “Those who have moved to the measures relating to its Roma sidered these measures of spatial single perspective as it was done tail growth of unreported cases of violence. Moreover, it does Cuprom offices, near the area with inhabitants. In June 2011, the and social division as forms of so- by the research in the Honeyball’s not address the real problem that would transform some people the wall, signed papers to agree, municipality built a concrete wall cial and geographical segregation. Report. This alternative policy into victims of trafficking of persons and/or of sexual exploitation, but others still in their old homes 1.8m high and 100 meters long Moreover, they accused the au- is not yet an official one, but it like poverty, pimps, etc. Voluntary sex work cannot be treated as fear eviction. I lived here 20 years. next to an urban area inhabited thorities of implementing deeply makes a difference between forced sex work. It needs a different and separate approach that My woman died here, and I also by a few hundred Roma. Follow- discriminatory measures with voluntary and forced sex work. It should address the needs of sex workers and recognize the rights want to die here. There we will ing this, the same municipality, no social integrative potential. calls for decriminalization of sex they are entitled to by removing the stigma. Being a sex worker be isolated. Here we have horses, with the help of police, started work and demands respect for does not mean to lose dignity as being married does not nullify pigs. It´s like a concentration identifying Roma individuals and The literature on the subject the sex workers’ rights, including the right to liberty of woman to decide upon her own body. camp there at Cuprom, we aren´t their households from four areas clearly states that segregation the rights to autonomy, dignity, going there. We want to stay out- in the city of Baia Mare. After the leads to social exclusion [2], doors and cannot stay in blocks” identification process, in June social disintegration, poverty, 2012, the authorities relocated absence of chances for upward ENDNOTES Trandafir Varga, Roma resident [1] approximately 1600 Roma to a social mobility, and emergence [1] Maya Oppenheim, MEPs vote to criminalise buying sex, The Guardian, 26 February 2014, complex of administrative build- of criminality [3]. Other authors http://www.theguardian.com/global-development/2014/feb/26/meps-vote-criminalise-buying-sex-european-parliament December 17, 2010 was just ings of a former chemical factory see segregation as a prison and a [2] Mary Honeyball, MEP, official website of European Parliament, another ordinary day for Roma in the city and thus effectively way of living, generally assumed http://www.europarl.europa.eu/meps/en/5846/MARY_HONEYBALL_home.html families living on Coastei Street in hid the Roma behind the wall. by generations of inhabitants, [3] Mary Honeyball, The report on sexual exploitation and prostitution and its impact on gender equality, A7-0071/2014, para.27, p.11 the city of Cluj, Romania. Ap- There are certain common- and almost impossible to escape. [4] Ibidem, pp.18-19 proximately 80 families that lived alities in these two cases: The role of governments in this [5] Ibidem, para.12, p.10 [6] FRA, Violence against women: an EU-wide survey, 2014, p.4, http://fra.europa.eu/sites/default/files/fra-2014-vaw-survey-factsheet_en.pdf there were awaiting Christmas case is important because em- [7] http://www.merriam-webster.com/dictionary/prostitution festivities when the day turned 1) The local authorities presen- ployment and other urbanization [8] Mary Honeyball, The report on sexual exploitation and prostitution and its impact on gender equality, A7-0071/2014, para.15, pag.10 into a shocking surprise. A task ted these measures as parts of policies can play a major role in [9] Amnesty International, Decriminalization of Sex Work: Policy Background Document, 2014 force formed from policemen, social projects with the purpose decreasing the size of the under- http://www.scribd.com/doc/202126121/Amnesty-Prostitution-Policy-document gendarmes, and other Cluj City of social integration of Roma. class, promoting urban develop- [10] Amnesty International, http://www.amnesty.org/en/sex-workers-policy Hall employees, started the Moreover, the measure of ment, and dwindling of ghettos. action of relocating this group building walls next to an urban The neo-liberal regime, with its Further reading 1. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,upplementing S the United Nations of 350 Roma from their homes. Roma area and their reloca- promotion of social justice on one Convention against Transnational Organized Crime, United Nations, 2000 Mayor Sorin Apostu coordinated tion was presented as an effort hand and the efforts of collect- 2. S.T. and C.R., Designing out vulnerability, building in respect: violence, safety and sex work policy, The the effort, and the final destin- to improve the lives of deeply ive nation-building on the other, British Journal of Sociology, Volume 58, 2007 ation was Pata Rat — a location impoverished families and a way created the so called “national- 3. http://www.sexworkeurope.org/news/general-news/call-action-tell-your-member-european-parliament-reject-criminalisation-clients outside of the city where the city of protecting these inhabitants ising states”[4] - societies that dump and the Cluj-Napoca chem- from a street with heavy traffic. can perceive diversity as a form ical waste station is situated. 2) These projects received strong of conflict of values and interests In 2011, the local authorities from criticism from civil society organ- during the period of creating the Baia Mare announced a set of isations, the Council of Europe, imaginary of the “nation-state”. planned urban administrative and the US Embassy. They con- The analysis of these cases helps

20 Central European University Human RightS Initiative the activist 2014 june 21 entire city, and not just the Roma to reconfigure the urban spa- While it is not difficult to recog- community. In the case of Baia tial relation with their citizens nize this process of the ghettoiza- Mare, it seems that the Roma of different ethnic or social tion of Roma as a deviant method neighborhood was a concern for background. Many East European of gaining political popularity by the city residents. For them, the countries have their own urban preserving identity groups, social urban mix with Roma individuals neighborhoods characterized as networks, collective benefits, and was an old problem of cohabita- deprived areas generating social cultural values, we must also use KEEP OUT The wall in Baia Mare built in tion and they saw the measures problems. These problems form it as a point of self-reflection. 2011 to keep 1600 Roma people away from the rest of the city PHOTO Sourced from of relocation and isolation of a barrier for the community in By looking at these processes in picturelliance/DPA this ethnic group as beneficial. question and reflect negatively their full complexity, we might be The segregation practices in on the image and social life of able to overcome exclusionary us to identify ways in which the governmental level. They were Officially, Roma represent 3.25 Europe are not limited to Roma the city that they are a part of. politics and policies that promote Romanian neoliberal regime of left on the periphery of urban percent of Romanian popula- populations: the last decade Sometimes this reflection is individual interests, and hope governance reproduces structural areas and on the outskirts of soci- tion [8] and 80 percent of Roma has witnessed an increasing so strong that these areas are for more holistic approaches, unfairness and exclusion on the ety. Moreover, Roma were always adults live from welfare and child number of urban segregation considered to be places of ex- which would take into consider- basis of ethnic discrimination, under the threat of becoming support. The poverty level is 6.5 policies all over Eastern Europe clusion and their residents are ation collective interests beyond within the agenda of rebuilding a victims of violence and discrim- times higher than the rest of undertaken by governments and accused of creating a negative ethnic and class boundaries. nation brand. Moreover, I argue ination. This situation led many the population and the level of local authorities who are trying stigma over the entire city.[10] that the Romanian government is Roma families to abandon or education is very low: less than using its legitimacy and authority lose their homes [6]. The lack of 1 percent of Roma have higher over the ethnic Roma minority as alternatives made them migrate education and 25 percent of ENDNOTES a form of propaganda in order to to isolated public spaces on the Roma over 16 that are illiterate [1] Keith, G. (2013, March 23). Life inside the Romanian gypsy ghetto that is so grim the town mayor sealed it off behind a wall. Mail Online. Retrieved from: http://www.dailymail.co.uk/news/article-2285796/Romanian-gypsies-living-condemned-ghetto-mayor-built-wall-around.html construct and structure a national outskirts of cities where they [9]. With such low levels of in- [2] Silver, H (2007) Social Exclusion: Comparative Analysis of Europe and Middle East Youth. Wolfensohn Center for Development, identity and nurture national built makeshift homes. Schelling’s come and education, it is hard for No.1 September 2007. pg.15 harmony and social cohesion. model of segregation explains anyone to freely make choices. [3] Massey, D. S.; Gross, A. B. and Eggers, M. L. (1991). Segregation, the concentration of poverty, and the life chances of individuals. In Romania, as in other former that this phenomenon occurs Social Science Research, vol. 20, no. 4, pp. 397–420. communist countries, the na- from the will of the individuals The historical discrimination [4] Anderson, B. (1991). Imagined Communities: Reflections on the Origin and Spread of Nationalism. Revised Edition ed. London and tionalist politics were enforced and not from external factors and persecution of Roma made New York: Verso, 1991, pg. 5-7; through the existence of a single [7]. I argue that this explanation the Roma community develop [5] Gyöngyi, P. (2013). PhD thesis: Urban segregation Qualitative and quantitative approaches phenomenon in Cluj” Baes-Bolyai University, Cluj Napoca, Doctoral School of Sociology nation, a pre-defined set of cannot be applied to the Roma in an intergenerational commune [5]Hatna, E. and Benenson, I. (2012, January 31). Romania: they have been forced strategy of conservation, pre- cultural values, and​​ the rejection [6] Ibid. of ethnic minority rights. The to resettle by external factors, servation and development of [7] The Schelling Model of Ethnic Residential Dynamics: Beyond the Integrated - Segregated Dichotomy of Patterns” Journal of Artificial studies on Roma ethnic minority without having the opportunity to culture and identity. Through this Societies and Social Simulation 15 (1) 6 in Romania show that this ethnic choose their neighbors. There are strategy, they preserved their eth- [8] Romanian 2011 Census (2011) The National Institute for Statistics Retrieved from: http://www.recensamantromania.ro/ group was historically perceived two major factors that support nic social networks, avoided social [9] Preoteasa, A.M and Serban, M. (2011). Situation of Roma in Romania 2011. Between social inclusion and migration. Open Society Foundation - Romania. p.6. and treated as being different this argument, and those are in- mixing, and most preferred social [10] Skifter A. H. (2003). Urban Sores: On the Interaction between Segregation, Urban Decay, and deprived neighbourhoods. Danish from other members of society. come and the historical persecu- and geographical segregation Building and Urban Research Institute, Denmark, pg. 3 The process of geographical tion and discrimination of Roma. instead of integration and assim- segregation was an egalitarian ilation into mainstream society. universalist urbanization policy Roma have historically faced Thus, while one might say that that aimed to gradually abolish obstacles in securing stable they did in fact choose to stay traditional communities through income and the capacity to together, it was the pressure of attracting their residents to compete for better housing constant discrimination and per- concrete blocks away from their conditions. Moreover, we have secution that guided their choice. traditional settlements [5]. witnessed a social dynamic that It seems that the public opinion The process of post-socialist generates a tendency for con- in Romania saw the segrega- democratization lacked any in- centration of low-income and tion measures as an effort to tegration efforts of Roma on the ethnically similar households. improve the conditions of the

22 Central European University Human RightS Initiative the activist 2014 june 23 Intersecting Identities: Female immigrants that come to Russia from Central Asian states have little voice Female labor migration or influence, being excluded on the basis to Russia of their gender, nationality, and legal status in Russia Dzhoys Kuaovi discusses the intersectionality of Central Asian female migrants in Russia.

Starting from the early 1990s, of Russia” [2] is under-discussed. significantly affected by the global In these circumstances, being in a foreign country, they do not have the protection of their rights. labor migration in Russia has This, together with the idea of economic crisis, which led to a many opportunities to protect themselves or ask for psychological or Hence, female immigrants that become an essential component whiteness as a basis of Russian decrease in jobs in this sector. legal support. One of the key concepts in understanding the various come to Russia from Central of Russia’s economy. This process national identity[3], which has Thus, female migrants have aspects of female labor migration from Central Asia to Russia is the Asian states have little voice or has engaged people of different been widely promoted in recent had more opportunities on the concept of intersectionality. It was first introduced by a prominent influence, being excluded on the gender, age and educational years, may lead to both religious job market, mostly working as feminist and legal expert Kimberlé Crenshaw. In her article ‘Mapping basis of their gender, national- backgrounds, people of different and ethnic intolerance and hate waitresses, shop assistants or the Margins: Intersectionality, Identity Politics, and Violence against ity and legal status in Russia. religious beliefs, and people of crimes, as well as to the limita- cleaning ladies. It is now quite Women of Color’, she explains how the intersection of gender and different ethnicities and nation- tion of immigrants’ rights and common that they become the race in cases of violence against women adversely affects women of Last, but not least, comes the alities - mostly from post-Soviet their access to legal protection. ‘breadwinners’ and provide signi- color [6]. Looking into the cases of battering and rape against women role of representational intersec- countries. In the recent few years, ficant support to their families. of color in the United States, she examines them within three categor- tionality and the representation due to political and geopolitical Similarly to worldwide migration ies of intersectionality, i.e. structural, political and representational. of these women in media and changes, numerous ethnic con- patterns, the wave of labor mi- However, these increased op- Although Crenshaw’s research addresses the situation of women of culture. Media has always been flicts, and economic decline, the gration of women has increased portunities in the Russian labor color in the US, her concept of intersectionality is equally applicable to a powerful tool of influence most significant flow of labor -mi in the migrant flows from Central market are not only a ‘privilege’ the situation of female Central Asian migrants working in Russia. both worldwide and in Russia. grants has come from the Central Asian countries to Russia. Ac- of female Central Asian migrants. Representations in media shape Asian countries, namely Kazakh- cording to the latest data, around There are also disadvantages in Firstly, because they are foreign migrants, the women often face the society’s perception of facts, stan, Kyrgyzstan, Tajikistan, Turk- 30% of migrants coming to Russia the lives of these women. In their language barriers and/or other circumstances (structural intersec- phenomena or groups. A group menistan and Uzbekistan [1]. In from Central Asian countries are particular case, this is not only tionality) that make it difficult for them to find legal or psychological such as labor migrants is no 2012, migrants from these coun- female[4]. In recent years, the due to their nationality, ethni- support and protection in case of gender-based violence. Should exception. Regardless of gender, tries composed more than 35 percentage of female migrants in city, religion or their status of they need to seek help of the law machinery, they will first have to they are quite often represen- percent of all migrants in Russia. Russia, as well as worldwide, has migrants, quite often illegal, but prove the legitimacy of their residence and employment in Rus- ted as people bringing various grown, mostly due to the devel- also to their gender. Being female sia, which is often lacking. Language barriers can also be an issue illnesses to the country, commit- Although all five countries are opment of the service sector. labor migrants from Muslim should they seek help in shelters, and there are no crises centers ting different crimes, or simply secular states, the majority of Central Asian countries, they may or counselors dealing with the problems of female migrants. stealing jobs from the local pop- their populations are practicing Furthermore, the emergence be oppressed or limited in basic ulation[7]. Together with the two Muslims. This creates difficulties and growth in a number of open rights and needs on the basis of Secondly, political intersectionality also plays a vital role in the position other types of intersectionality for the migrants, as Islamophobia markets, as well as technological all the above-mentioned grounds. of female migrant victims of violence. Even though Russia is a multina- and the widely promoted idea of is a growing sentiment in Russia. development, has contributed to They often become victims of tional state, the ‘whiteness’ of its feminist movements excludes fe- “whiteness”, this representation The Orthodox Church yields a this trend[5]. At the same time, domestic violence from their male migrant workers from these movements. The above-mentioned shapes the position of female strong influence and a Constitu- real estate development – a partners, which is likely caused status of an immigrant without a Russian citizenship and sometimes migrant workers in a specific tional amendment introducing sector of the Russian economy by the changes in traditional even without a valid work permit or registration similarly leads to negative way. This worsens the Orthodox values as “the basis of which traditionally attracted male roles within the family and the exclusion. Also, the patriarchal character of Muslim communities may oppression they have to face. national and cultural originality Central Asian migrants - has been femininity/masculinity distinction. keep women away from decision-making processes or from claiming However, as mentioned before,

24 Central European University Human RightS Initiative the activist 2014 june 25 the feminization of migration and the fact that these women Invisible Women: have more and more opportun- ities on the Russian labor market also brings a certain ‘privilege’ to Double discrimination their lives. It is crucial to assess both privileges and disadvant- of Roma women ages female labor migrants from Central Asian countries may Mihai-Alexandru Ilioaia writes about small steps have, and this requires thor- taken to break the silence of Romani women in ough intersectional research. Europe.

CRUSHED HOPES Kyrgz women and children detained during a police raid on migrant workers in Moscow PHOTO Reuters/Radio Free Europe There are over 6 million Romani formal education - a worryingly of legal forms or identification, women in the world, yet they low number that contributes existing in a marginal limbo, at seem to be completely invisible. to the cycle of oppression and the periphery of society [1]. The rare occasions on which they absence of chances that they are present in the media are, are trapped in. With 99 percent These disquieting numbers ENDNOTES more often than not, in some literacy rate, the EU sees illiteracy make it obvious that women of [1]Karachurina, Liliya. “Migration in Post-Soviet Countries.” Retrieved from the official web page of the Russian International Affairs appalling report of begging, as almost completely eradicated Romani origin are among the Council: http://russiancouncil.ru/en/inner/?id_4=2369#top (Date of access: January 19th, 2014). [2] “MP seeks to establish Orthodox Christianity as national Constitution basis.” Russia Today. prostitution, or child trafficking. in its member states, yet that most vulnerable and least rep- Retrieved from: http://rt.com/politics/russian-orthodox-constitution-religion-150/ (Date of access: January 19th, 2014). Such practices, we are told, are percentage is only 77 percent resented groups in Europe, yet [3] Baum, Bruce. The Rise and Fall of the Caucasian Race: A Political History of Racial Identity. New York: New York University Press, the routine for their lot. It is a in the case of Roma women meaningful solutions to their 2006. p. 220. depiction that we often take as (with wide variations between plight are few and far in between. [4] “UN Envoy says the magnitude of migration from Central Asia to Russia is very significant,” Forum of Migrants’ Organizations. granted, rarely questioning it, as member states, ranging from 96 Due to the huge gap in educa- Retrieved from: http://www.migrant.ru/news.php?id=1598 (Date of access: January 19th, 2014). there are preciously few positive percent in the Czech Republic to tion and labour opportunities, [5] Abazov, Rafis. “Central Asian Women Migrants Deal with Global Economic Crisis.” Central Asia-Caucasus Institute. Retrived from: counterpoints to it. In regards a shocking 43 percent in Greece). quick fixes of their condition are http://old.cacianalyst.org/?q=node/5205 (Date of access: January 19th, 2014). [6] Crenshaw, Kimberlé W.. “Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color,” Stanford to discrimination, Roma women virtually impossible, despite the Law Review, Vol. 43, No. 6, 1991, p. 1241. are trapped in the worst of both Roma women are also the demo- newfound age of almost univer- [7] This claim has been based on the constant monitoring of news as well as various discussions on the topic that have either been worlds - both their ethnicity and graphic least likely to vote in any sal access to information and heard or involved the author. their gender make them subjects sort of elections, a statistic that education resources. Romedia to lives they do not fully control. illustrates their lack of particip- Foundation, a Budapest-based ation in decision-making at any Roma rights NGO focusing on the Across the European Union, level. Further data shows that the production of documentary films, only 37 percent of Romani girls number of Roma women over the is dedicated to closing this divide. continue their education past the age of 50 who are in bad health is age of 16, compared to 50 per- double the number of non-Roma In 2009, Romedia began the Roma cent in the case of Romani men. women in the same situation, Woman campaign (www. 19 percent never get any sort of and many of them lack any sort romawoman.org) in an attempt to empower and propagate the seldom-heard individual voices Roma women are trapped in the worst of of Romani women, challenge both worlds - both their ethnicity and their stereotypes, and form a network of Roma activists. The campaign gender make them subjects to lives they continues to this day, with new video interviews of influential, do not fully control. accomplished and successful

26 Central European University Human RightS Initiative the activist 2014 june 27 Roma women from around the yearly summer camp that debuted No single organization, regardless Currently there are believed to be 80,000 world being posted every week, in 2013 and aims to teach dozens of size, budget, or enthusiasm, shattering comfortable assump- of young Roma women from across can bridge the educational and US prisoners in solitary, including tions and offering alternatives Central and Eastern Europe the digital divide that plague the to the tired narratives that the intricacies of journalism and digital Roma women of Europe, yet thousands of children, with the average media seems to delight in. media, in the hope that they will efforts have to start somewhere, length of solitary confinement as high as be able to better represent lest our own pessimism renders Mainstream media outlets are themselves and make their own us impotent. The Roma Woman 6.8 years in some states. always looking for “new voices” voice be heard. The alumni are campaign and the BUVERO and “unheard stories,” yet minority encouraged to use their gained project are meant to kick-start groups rarely have the opportunity skills and resources to challenge a much needed presence of nineteenth century[1]; rather, in which he is held. Both these forms of isolation – from society, and to tell their stories themselves, the simplistic narratives that Romani women in the public in almost all cultures, prisons from each other – have become core to the modern US penal system. being placed firmly at one end are built around them by the discourse, an empowerment were primarily places to hold the of the object – subject spectrum. mainstream media, offering a effort that is meant to catalyze accused while they awaited trial. Today, not only are US prisoners kept away from the rest of society, Romedia decided to challenge counterpoint to the abundance of the incremental emancipation Moreover, prisoners were often but they are often also denied any means to prepare for their re-entry, that by launching BUVERO negative depictions. of Europe’s most vulnerable highly visible. In medieval Europe, such as access to classes or political engagement. The majority of (meaning “shell” in Romanes), a and absent demographic. prisoners could beg and work, correctional facilities do not offer any higher education opportunities, and many Londoners in the 14th [5] 5.85 million Americans are prevented from voting due to felony to 16th centuries left money to convictions [6] and most states prohibit internet access [7]. And, of ENDNOTES prisoners in their wills [2]. Even course, American prison sentences tend to be extremely long [8]. 1] Data from the European Union Agency for Fundamental Rights report, Analysis of FRA Roma Survey results by gender, 2013. in the 16th and 17th centuries Available at: http://fra.europa.eu/sites/default/files/ep-request-roma-women.pdf prison was “rarely used as a At the same time, prisoners are increasingly isolated from each other. punishment in its own right.” [3] Nineteenth century French political thinker Alexis de Tocqueville, who originally came to the US for the express purpose of surveying its pris- The modern prison was born in ons, wrote that it “has become in the United States an almost popular the 19th century. Unlike its earlier truth … [that] no salutary system can possibly exist without the separ- relatives, this prison was used ation of criminals.” [9] Today that idea has been taken to an extreme; specifically to mete out punish- the emergence of the super-max prison and solitary confinement are Invisible Behind Bars: ment, and designed to exercise the ideological culmination of the American prison as an institution near complete control over the of isolation. Currently there are believed to be 80,000 US prisoners The need for US prison lives of those within it. Most in solitary, [10] including thousands of children, [11] with the average importantly, prison became a tool length of solitary confinement as high as 6.8 years in some states [12]. of isolation. French philosopher reform Michel Foucault writes that “the These twin forms of isolation leave American prisoners uniquely first principle [of modern pris- vulnerable to manipulation and domination. Foucault argues that Isabel Patkowski warns that governments must not ons] was isolation. The isolation “isolation provides an intimate exchange between the convict and the forget about any of its citizens – even those who have of the convict from the external power that is exercised over him” [14]. The idea is that the prisoner is committed crimes. world, from everything that more susceptible to domination when his access to the dominator is motivated the offence, from the unmediated. If he’s correct, then the American prisoner in solitary is complicities that facilitated it. The uniquely powerless. This is especially true because of the devastating Endemic racism, grossly isolation of prisoners from the ertheless, I contend that not only isolation of the prisoners from psychological effects of solitary confinement. Professor of philosophy over-punitive sentences, high rest of society, and often, from is the isolated prison historically one another” [4]. Such isolation Dr. Lisa Guenther argues that solitary completely disconnects the levels of violence, and the rise of each other. So entrenched is the atypical, it is also dangerous. served, he argues, to prevent prisoner from reality by depriving her of the ability to check her own the “prison-industrial complex” notion that prisoners should be Although prisons have existed association between prisoners, cognitive experiences against others [15]. In other words, because the are all well-documented features kept away from human contact, in some form since the devel- to encourage contemplation prisoner cannot confirm that what she sees is real as opposed to ima- of the US penal system. But one that such isolation seems concep- opment of the state, imprison- and self-reflection, and most gined (since she has no contact with persons who can attest that they feature of American prisons tually inseparable from the very ment was a relatively uncom- importantly, to subjugate the are experiencing the same things), her sense of reality is totally under- often remains unquestioned: the notion of a prison sentence. Nev- mon punishment before the prisoner entirely to the system mined. This process is manifested in serious, diagnosable disorders.

282 Central European University Human RightS Initiative the activist 2014 june 29 prisoners as people who have tional centers with opportunities isolating our prisoners, we risk erred, not as outcasts from for community interaction. The not only devaluing them, but society. Finally, we must explore cornerstone of a good justice forgetting about them entirely. alternatives to traditional impris- system is recognizing every indi- onment, like low-security correc- vidual’s intrinsic worth. Through

ENDNOTES [1] Michael P. Roth, Prisons and Prison Systems: A Global Encyclopedia (Westport: Greenwood Press, 2006), xxv. [2] Guy Geltner, “Medieval Prisons: Between Myth and Reality, Hell and Purgatory,” History Compass 4 (2006): 3. [3] “History of the Prison System,” Howard League for Penal Reform, accessed April 8, 2014, http://www.howardleague.org/?id=31. [4] Michel Foucault, Discipline and Punish: The Birth of the Prison (London: Penguin Books, 1991 c.1977), 236. [5] Institute for Higher Education Policy, “Unlocking Potential: Results of a National Survey of Postsecondary Education in State Prisons,” (Washington, DC, 2011) [6] Jean Chung, “Felony Disenfranchisement: A Primer,” The Sentencing Project, June 2013. [7] Institute for Higher Education Policy, 13. [8] Rachel Myers, “Extreme Sentencing,” American Civil Liberties Union, March 2012. [9] Gustave de Beaumont and Alexis de Tocqueville, On the Penitentiary System in the United States and Its Application in France (New York: A. M. Kelley, 1970, c1833), 21. [10] Sadhbh Walshe, “Why do we let 80,000 Americans suffer a ‘slow-motion torture of burying alive?” The Guardian, March 20, 2014. [11] Jean Casella and James Ridgeway, “Kids in solitary confinement: America’s official child abuse,” The Guardian, October 10, 2012. [12] Sal Rodriguez, “FAQ,” Solitary Watch, 2012, accessed April 8, 2014, http://solitarywatch.com/facts/faq/. [13] Human Rights Watch, “Cold Storage: Super-Maximum Security Confinement in Indiana,”http://www.hrw.org/reports/1997/usind /, quoted in Angela Davis, Are Prisons Obsolete? (London: Turnaround Publishers Services Ltd., 2003), 50. [14] Foucault, 237. OUT OF SIGHT OUT OF MIND Prisoners’ rights are often forgotten, leaving at the mercy of the prison industrial complex. PHOTO The City University of New York [15] Lisa Guenther, “The Living Death of Solitary Confinement,” The New York Times, August 26, 2012. [16] “Prison and Detention Conditions,” Human Rights Watch April 2014. [17] “World Report 2013,” Human Rights Watch, April 2014 [18] “The Prison Crisis,” American Civil Liberties Union, accessed April 2014 Most of us inhabit such different would have a reason to care about prison conditions and just senten- [19] “Stanford Prison Experiment,” April 2014. http://www.prisonexp.org/ worlds from prisoners allowing us cing policies. If prisoners had more internet access and more contact to ignore their plight. with non-prison officials, and if we conceived of prisoners as people who will (generally) re-enter society, and thus who should be given However, Human Rights Watch the means to prepare for that re-entry, then we would have a greater describes the conditions that incentive to push for humane conditions in corrections facilities. But many American prisoners face instead, today’s prison engenders a fundamental division in society ‘We Will Rise’ as “abusive, degrading and between people who are incarcerated and people who are not. This dangerous.” [16] In their annual division is especially dangerous because there is some reason to Ruth Mosser interviews a refugee in Austria and world report, for example, they believe that we are psychologically disposed to dehumanize groups in critically reflects on the 18 months of Refugee inferior positions of power already, as the infamous Stanford Prison found that nearly every juvenile Protests in Austria. serving life without parole had Experiment suggested [19]. The prison should be constructed to reported physical or sexual counteract these dispositions, not encourage them. violence in prison [17]. Solitary confinement is often used indiscri- What can be done? There is no room here to fully justify any policy Refugees in Austria have been Park in Vienna – the place where is also a founding member of the minately, and the system in general proposals, but I hope the above analysis has suggested some protesting for their rights with a the refugees and their supporters music collective “Fight Rap Camp”, is grossly over punitive with one steps. The US should eliminate or highly restrict the use of solitary hitherto unseen force. Starting in set up the “Refugee Protest Camp” which won this year’s “Protestsong- in 99 Americans living in prison, confinement – both in respect to the maximum length of solitary November 2012, their protests after their inaugural protest march contest” in Feburary [2]. I wanted the highest rate in the world [18]. sentences, and who can be placed in solitary (i.e. only those who became the largest self-organized from Traiskirchen [1] to Vienna to know how he experiences the refugee/non-citizen protests the one and a half years ago. protests and assesses their pose an immediate and grave threat). It should provide all prison- ers with the rights to vote, obtain full access to news about current country has ever witnessed. I met development from their eruption If all prisoners were allowed to events, and have extensive contact with non-prisoners as well as with refugee Salaheddine Najah Najah has been part of the move- until their recent fragmentation. vote, politicians would have to pay non-prison related activities, like educational classes. We must see to talk about the protests at Votiv ment since its very beginnings. He attention, and the government

30 Central European University Human RightS Initiative the activist 2014 june 31 Ruth Orli Mosser: What initiated ROM: I understand that you have a they decided on everything but didn’t respect the differ- the outbreak of the protests in the lot of criticism towards certain non- ent communities of refugees anymore. They focused on refugee/citizen activists in the move- fall of 2012? the Pakistani refugees and this was their biggest error. ment, who tried to appropriate the refugees’ struggle for their own Salaheddine Najah[3]: The agenda. I nevertheless do want to ask People often say we are successful because there is so much movement actually started in you if there is something you con- more press coverage on refugee issues and rights now. But we sider a success of the movement so October 2012 when refugees don’t have success. My friends from Pakistan being deported [5] far? What were important moments from Somalia demonstrated in the last eighteen months of protests? is not a success for me. The biggest success for me would be if against discriminatory asylum SN: [Thinks for a moment…] we had no racism in this country. Why is a person in prison, in procedures in front of the The Refugee Protest Camp, the Schubhaft [8]? Why is a person deported? Because this is racism. Austrian parliament and also beginning. But occupying the slept there to enforce their Votiv Church [7] proved to be ROM: How can or should citizens support the movement and its demands? demands. Afterwards, activists not such a good move because, SN: The Austrian system is very stable. If people want to help, don’t from the Somali community in my opinion, certain people in come to help the refugees, [start by] criticiz[ing] your own system. and others came to mobilize the the movement didn’t understand Don’t just tell me “I don’t like the system.” This is not criticizing. Espe- refugees in Traiskirchen. PEOPLE POWER Protest camps in Votiv Park PHOTO Courtesy of the author the structure of the occupation. cially to members of political parties or politicians I say: “Don’t only The idea was that we would also speak at demonstrations, speak inside the parliament. You are strong, We organized a demonstration: stay in the camp and in another you are a member of the parliament. Don’t claim to support us for a march from Traiskirchen to ROM: How have the protests evol- once I have documents people house nearby, but the major- the sake of the election.” Now, after the election [9] I never saw one Vienna. Because I grabbed ved until now? What has changed? can call me “immigrant activist,” ity of the refugees wanted to politician come and help us. Nothing. We need radical activists and a megaphone at this SN: While we were living here at but not “refugee activist”. I stay in the Church for visibility, radical supporters. If a person wants change, they first need to change demonstration and spoke, the the camp in Votiv Park, the move- prefer the term “supporter” to sometimes just their own visib- themselves. If you want to help, help yourself first. And then you can police deported me to another ment was very much alive. A lot that of “activist” for those in the ility. I think this has destroyed come and help us. Have emotion and heart, be strong. For the future Lager [camp] in Klagenfurt of people were participating. We movement who aren’t refugees the movement, but especially of the movement I hope that we can stop nationalism and racism [Southern Austria] two days were 170 refugees in the begin- themselves because it implies the press group has done a lot and respect all the communities. Only then we can have success. afterwards. I stayed there for a ning. When we had meetings, so that they support the idea of the of harm. [The press] became week. I didn’t like it. You are held many activists came: from the refugees. The supporters come the boss of the movement, For further information visit http://refugeecampvienna.noblogs.org like an animal there: you eat and Turkish community, the African to the demonstrations, they community, and so on. Every- come and fight. Supporters slept you sleep, you eat and you sleep. There is nothing. one respected each other. The with us in the camp in the winter ENDNOTES movement was our struggle. The when it was very, very cold. This [1] The small town of Traiskirchen is home to one of Austria’s oldest and largest refugee reception centers, notorious for its bad living ROM: For how long have you been majority of activists were immig- is what I like. But the activists conditions. in Austria? rant activists and we demanded come just for activity, for work. [2] A critical music event for protest songs intiated in 2004. [3] The following interview was transcribed and edited freely. The statements and opinions of the interviewed person were not SN: I first came from Italy in 2009. our rights. People supported We are a movement. It’s not the changed in regards to their content. The interviewed person has approved of the print version. I was in Traiskirchen for one month. us. But now, unfortunately, the same as party politics. But there [4] He refers to a negative decision regarding his application for asylum. After I got a negative decision [4], movement has changed. Instead were non-refugee people in the [5] Under the EU-wide Dublin II Regulations (2003) refugees can only seek asylum in the country they were first registered in, e. g. by I went back to Italy. In 2012 I of supporting the refugees, movement, political people [6], having their fingerprints taken. Switzerland is a signatory to the Regulations since 2005. The abolition of the Dublin II Regulations decided to come back because people now support the activists. that changed the issue of the is one of the central demands of the refugee movement. there were so many controls in movement. As Austrians – and [6 ]In the sense that they were affiliated with a certain political party or organization. Italy and I was also in custody ROM: What do you mean by “activist”? some of them also worked for [7] Due to repeated police raids of the camp, a group of refugees sought refuge in the nearby Votiv Church in December 2012. A few days later the camp at Votiv Park (also called Sigmund-Freud-Park) was evicted by the police and the protest shifted completely to pending deportation. It was the SN: What is a “refugee activist”? government organizations – they the Church. I don’t call myself a “refugee didn’t want to criticize Austria too period of the government of Monti [8] Custody before deportation. and Maroni. I went to Switzerland, activist” and I don’t like it when harshly. But we, the refugees, [9] Nationwide elections were held in September 2013. but after three months in detention, other people do so. I am a just want to explain to the world, [10] Eight refugees from Pakistan, who were active in the protest movement in Vienna, were deported in summer 2013. Another eight I was deported to Austria because refugee not an activist. I don’t and especially to the Austrian Pakistani refugees from Vienna as well as other Austrian cities were deported to Lahore, Pakistan, in December 2013. I had my first fingerprint there. have the power of an activist community, what the system is [5] I came back to Traiskirchen on and I don’t have the freedom like. Because we are its victims. November 8th 2012. of the Austrian society. Maybe

32 Central European University Human RightS Initiative HUMAN RIGHTS INITIATIVE www.hrsi.ceu.hu • [email protected] • Nador U. 9, 1051 Budapest CENTRAL EUROPEAN UNIVERSITY www.ceu.hu EDITORIAL [email protected] • [email protected] • [email protected]

JUNE 2014