OFFICE OF THE TOWN MANAGER

Select Board Phone: (413) 259-3001 Town Hall Fax: (413) 259-2405 4 Boltwood Avenue [email protected] Amherst, MA 01002-2351 www.amherstma.gov

PROCLAMATION OF HUMAN RIGHTS DAY

Whereas, Human Rights Day is observed every year on December 10th. It commemorates the day on which, in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. In Amherst, we again celebrate with a reading of the Declaration of Human Rights this Saturday on the Common at four o’clock post meridian.

Whereas, in 2016, the United Nations calls on everyone to stand up for someone's rights on Human Rights Day.

Whereas, the United Nations states that “Many among us are fearful about the direction of our country and our world. Disrespect for basic human rights continues to be wide-spread in all parts of the globe. Extremist movements subject people to horrific violence. Messages of intolerance and hatred prey on our fears. Humane values are under attack.” Locally, we have heard expressions of similar concerns from several local organizations. The Town of Amherst hereby affirms its support of their work in our community, and we support the immigrants and refugees that make their home in our community.

Whereas, the Town of Amherst, through its Select Board, hereby REAFFIRMS the resolution adopted by Annual Town Meeting in 2012 that stated:

WHEREAS the Town of Amherst has been enriched and built by generations of immigrants; and,

WHEREAS the program called “Secure Communities”(SComm), run by federal Immigration and Customs Enforcement, harms our communities by mandating the sharing of local law enforcement reporting with the Department of Homeland Security on individuals they detain or arrest, thus involving local law enforcement in federal immigration policy; and,

WHEREAS SComm is an unfunded mandate, meaning that the burden of incarceration, detention, and care for detained people falls upon the budget of local law enforcement and upon the Town of Amherst; and,

WHEREAS SComm rejects a community policing model, which is based upon trust between law enforcement and the population it is meant to protect and serve, and has already been shown to increase distrust and fear of local authorities, making many immigrants afraid to be witnesses and report crimes against themselves and others; and,

WHEREAS SComm violates the Town of Amherst Bylaws, including the Human Rights Bylaw as SComm explicitly promotes discrimination on the basis of nation of origin and implicitly promotes discrimination on the basis of race, color, and socio-economic status; and,

WHEREAS the Code of Federal Regulations, 28 C.F.R. §20.21(c) (3), provides that “states and local governments will determine the purposes for which dissemination of criminal history record information is authorized by State law, executive order, local ordinance, court rule, decision or order”;

Then THEREFORE, BE IT RESOLVED that the Town of Amherst and its officials and employees, to the extent permissible by law, shall not participate in federal law enforcement programs relating to immigration enforcement, including but not limited to, Secure Communities, and cooperative agreements with the federal government under which town personnel participate in the enforcement of immigration laws, such as those authorized by Section 287(g) of the Immigration and Nationality Act. Should the Commonwealth of

Massachusetts enter into an agreement or Memorandum of Agreement regarding Secure Communities, the Town of Amherst shall opt out if legally and practically permissible. To the extent permissible by law, immigration detainer requests will not be honored by the Amherst Police Department. Municipal employees of the Town of Amherst, including law enforcement employees, shall not monitor, stop, detain, question, interrogate, or search a person for the purpose of determining that individual’s immigration status. Officers shall not inquire about the immigration status of any crime victim, witness, or suspect, unless such information is directly relevant to the investigation, nor shall they refer such information to federal immigration enforcement authorities unless that information developed is directly relevant. The use of a criminal investigation or arrest shall not be used as a basis to ascertain information about an individual’s immigration status unless directly relevant to the offenses charged.”

Whereas, in Amherst, we recognize this as just one tool to affirm our common humanity. We know we have to do more to make a real difference. In the streets, in schools, at work, in public transportation, in the voting booth, on and through social media. “We the people” can take a stand for rights. We can take a stand for more humanity.

It starts with simple acts from each of us. We ask our teachers, our administrators and staff, our town boards and committees, our business community and our residents to set the example, to step forward and defend the rights of a refugee or migrant, a person with disabilities, an LGBT person, a woman, a child, indigenous peoples, a minority group, or anyone else at risk of discrimination or violence. To speak up for tolerance and against prejudice; To inform yourself and others about why human rights matter; to keep yourself in check, challenge your own views and prejudices and to consider the human rights track record of companies before doing your shopping.

The Declaration of Human Right's fundamental proposition is that each one of us -- everywhere and at all times -- is entitled to the full range of human rights, and that it's everyone's responsibility to uphold them. They bind us together as a global community. Each one of us can make a difference.

And take a moment to bring your family and friends to the town common on Saturday, December 10 at 4pm to join the Amherst Human Rights Commission and local chapter of Amnesty International in a community reading of the Universal Declaration of Human Rights.

BE IT RESOLVED, that the Select Board of the Town of Amherst, does hereby proclaim December 10, 2016 as HUMAN RIGHTS DAY in Amherst and the Select Board encourages all Amherst citizens to be mindful of human rights principles and urges all municipal, state, federal, and international bodies to incorporate these principles into their practices, laws and policies.

Voted and signed this 5th day of December, 2016.

Amherst Select Board

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