Kony 2012 Panel – A Recap

Last night, I had the privilege of attending a panel discussion of the Invisible Children film, Kony 2012. The panel was convened at the New York Society for Ethical Culture as a part of Congo in Harlem, a week-long series of film screenings and other events related to the DRC. It was the best way I could have spent my birthday (I know, right?) and I would like to recap everything covered at the event for all of you who couldn’t be there. (In addition, the Congo in Harlem website should have a full audio podcast up in the near future). Early next week I will also (attempt to) write up my own response to what was said. Below is a run-down of what was said by whom, in a very not-verbatim transcript rendered from my notes.

Continue reading

Voting as a Right

There has been a lot of talk around what some would call liberals’ obligation to vote for Barack Obama this November, followed by a lot of critiques from a marginalized Left. Between his pension for drone strikes and his slow pace on gay rights and immigrant rights, on top of his utter failure to take any sort of stand for far-left ideals, I can see why a lot of people on the Left don’t want to cast that vote. While a vote for Obama can act as a vote against the Republican Party, just how much do we reward Democrats for being slightly less terrible than Republicans? I’m intrigued by this debate, but it’s not what this post is about.

Long ago the idea of voting as a privilege was cast off, with the franchise extended to a number of minority groups. But the remnants of that idea, the idea that only the elite are blessed with the vote, still remain. Many Americans have the opportunity to vote now, but that opportunity is limited in a host of ways, including voter ID laws and disinformation campaigns aimed at confusing voters. In a country where the vote takes place on a work day, with inflexible hours, and rigid rules regarding absentee voting and polling places, it is far easier for the privileged to vote.

It is this fact that leads many to feel obligated to vote, despite the weary mantra that our votes don’t count (and between the electoral college and big-donor-funded candidates, a lot of these votes don’t). That we have the opportunity to vote means that we need to use that opportunity. To be American is to vote.

But democracy doesn’t end with casting a ballot. That’s just where it begins. If your fed up with the two parties, then there’s a lot that you can do beyond just voting for the lesser evil. And in a first-passed-the-post system, I’m certainly not talking about voting for a third party. But if you can’t stomach voting for Obama, particularly if you live in a state not listed as a gradient on polling maps, I don’t care what you do. I hope you’ll still vote in your local and state elections, because that is where tons of liberal reform could actually happen (seriously, foster those ideas in your community). And I hope you go beyond the simple act of voting and decide to take on the act of organizing for change outside the electoral system. The fact of the matter is, voting is a right – and that’s all it is. To be American is to have the right to choose who you vote for – and to choose whether or not you want to vote at all.

We have the right to vote for whomever we want, and that right should matter. Voting should play a role in choosing effective leaders, and it should serve as a voice for what we want to see in our government. To that end, choosing not to vote isn’t surrendering that voice – it’s shouting something entirely different. It’s a protest of a rigged system, and it’s a protest of a party that isn’t listening.

Who’s in Their Corner? Obama and Chicago’s Picket Line

Senator and Presidential hopeful Barack Obama, in November, 2007:

“Understand this: If American workers are being denied their right to organize and collectively bargain, when I’m in the White House, I’ll put on a comfortable pair of shoes myself. I’ll walk on that picket line with you, as president of the United States of America. Because workers deserve to know that someone’s standing in their corner.”

That didn’t happen in Wisconsin. Or Indiana. Or Ohio. Chicago’s teacher’s aren’t in a showdown over collective bargaining so much as larger class sizes and longer days with less pay, but the question remains: do teachers deserve to know that someone’s standing in their corner?

KONY2012: Six Months Later

It has been six months since Invisible Children’s viral video, Kony 2012, hit the internet.  From getting over 800,000 views in its first 24 hours, the video went on to 100 million views in a week, becoming the internet’s most viral of viral videos and launching Invisible Children and its cause into the spotlight.  Six months later, the attention on the Lord’s Resistance Army has died down, but the campaign continues to plod along.  Where is Kony? Where is Invisible Children? And what has the world’s biggest humanitarian viral video campaign achieved so far? This post aims to look at Invisible Children’s history to explain Kony 2012’s impact, and to look at what exactly that impact has been.

Kony 2012 was the fastest-growing online video in history.

Some are rightfully skeptical that Kony will be captured by the 2012 deadline in the film.  The more pessimistic will say that Kony is no closer to being captured than he was six months ago, and that things haven’t really changed. The LRA’s disparate brigades continue wandering the Democratic Republic of Congo, Central African Republic, and South Sudan, with rumors that some troops, including Kony himself, have sought haven in Sudan, an old ally.  Rebounding from a piecemeal turnout for Kony 2012’s subsequent “Cover the Night” campaign, Invisible Children has moved on to other campaigns.  The San Diego-based non-profit is sending out its fifteenth tour of roadies, interns tasked with showing IC films to audiences at high schools, churches, and community centers across the country.  Their programs on the ground in Uganda and the DRC continue to serve war-affected communities.  But the fact is, things have changed, and to truly see how things have moved in the past six months you have to look back a few years. Continue reading

The Word “Slavery” is in Shackles

A few days ago Vice President Joe Biden addressed a rally in Danville, Virginia. At one point, Biden criticized Mitt Romney’s plan to deregulate corporations, stating that “He [Romney] said in the first 100 days he’s going to let the big banks write their own rules, unchain Wall Street. They’re going to put y’all back in chains.” He has caught a lot of flak for using the “chains” metaphor, appended with a “y’all” in a former Confederate state, and it may have been in poor taste. Apparently the Right only thinks its okay to accuse the federal government of slavery and not private corporations or individuals.

The metaphor of slavery has persisted, and use of it is almost always vilified. But there are times when slavery rears its ugly head, and those are the times to use words like “chains.” While it may have needed a better context, Biden’s use of the metaphor seems pretty apt, because letting corporations run rampant will beat the middle and lower class down. It will condemn us to living and working without the power to have a say in our lives. And isn’t that a form of slavery?

I say this because Biden’s comments and the ensuing brouhaha about only talking about slavery when you’re talking about real slavery occurred while I was in the middle of reading “The Dangerous Thirteenth Amendment,” an article soon-to-be in the Columbia Law Review. In the article the authors, Jack Balkin and Sanford Levinson, from Yale and the University of Texas, respectively, argue that the Thirteenth Amendment’s definition of slavery is too narrow.

If you haven’t memorized your amendments, the Thirteenth is the first of the Reconstruction Amendments and it outlawed slavery. Specifically, it states that “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”  As mentioned in the article, the other Reconstruction Amendments are interpreted rather broadly in the legal arena, especially when compared to the Thirteenth. Other amendments, like the Fourteenth or most of those in the Bill of Rights, have been interpreted broadly in a contemporary sense, leading to myriad changes in society from civil rights to the expansion of free expression. The Thirteenth, not so much.

History textbooks tell us that slavery was ended after the Civil War, but history tells us that things like slavery never totally go away. They’re always there, lurking under the surface. That’s how Balkin and Levinson looked at the Thirteenth Amendment. The language of the amendment mirrors that of the Northwest Ordinance of 1787, and so they look at the 18th Century context rather than the post-Civil War context. And in the times of Jefferson, slavery meant a lot of things. The authors point out that revolutionaries frequently argued that American colonists were slaves of Britain since the British monarchs had absolute power:

The colonial vision that opposed slavery to republican liberty held that slavery meant more than simply being free from compulsion to labor by threats or physical coercion. Rather, the true marker of slavery was that slaves were always potentially subject to domination and to the arbitrary will of another person.

The authors also find evidence that in the 19th Century some argued that limits on suffrage were a form of slavery, many contemporary feminists saw marriage as slavery, and some  workers saw wage labor as slavery. In the campaign for abolition of chattel slavery – what we today see as “real” slavery – abolitionists had to distance these other forms of slavery from their cause. And so the definition of slavery became narrowed so much so that activists for other causes were stripped of the word. The authors are onto something, though, when they say that slavery and its ties to republicanism have not gone away, and that the Thirteenth Amendment could stand to be expanded.

But we need more than just expanding the interpretation of the text. We need to change the text. The Thirteenth Amendment allows for slavery in America, and that’s not hyperbole. Slavery is illegal except if you’ve been found guilty of a crime, then by all means enslave away! Prison labor is a growing problem as prisoners are paid less than minimum wage to make license plates and flags and for-profit prisons are pushing for legislation that leads to more and more arrests. As long as prisons are allowed to enslave their prisoners, the Thirteenth Amendment isn’t good enough. It needs to be expanded, and then it needs to be expanded some more, and some more.

What? Russell Pearce is Racist?!

The ever-wonderful ACLU of Arizona has obtained e-mails to and from Russell Pearce, the architect of SB 1070, and have released a number of them. There are lots of racist treasures buried within, but I wanted to give a brief look at the monstrosity of his psyche.

“One look at Los Angeles with its Mexican-American mayor shows you Vincente Fox’s general Varigossa commanding an American city.”

“They create enclaves of separate groups that shall balkanize our nation into fractured nightmares of social unrest and poverty.”

“Corruption is the mechanism by which Mexico operates. Its people spawn more corruption wherever they go because it is their only known way of life.”

“We are much like the Titanic as we inbreed millions of Mexico’s poor, the world’s poor and we watch our country sink.”

“Can we maintain our social fabric as a nation with Spanish fighting English for dominance … It’s like importing leper colonies and hope we don’t catch leprosy. It’s like importing thousands of Islamic jihadists and hope they adapt to the American Dream.”

And these gems are the only things Pearce says that are correct, apparently from an e-mail rant with the subject line “What’s a racist?”

“I’m racist because I don’t want to be taxed to pay for a prison population comprised of mainly Hispanics, Latinos, Mexicans or whatever else you wish to call them.”

“I’m a racist because I object to having to pay higher sales tax and property tax to build more schools for the illegitimate children of illegal aliens.”

“I’m a racist because I dislike having to push one for English and/or listening to a message in Spanish.”

Those are just a taste of Pearce’s racism.

Whose Victory? SB 1070 and Arizona’s GOP

On Monday, the Supreme Court threw down a ruling on SB 1070. The decision was split, with 3 parts of the law declared unlawful and the controversial let-me-see-your-papers provision was left standing (although a bit toothless). In the aftermath of the ruling, both opponents and supporters of the law claimed a victory. Arizona conservatives in particular were eager to herald a victory for the state’s immigration hardliners. Russell Pearce, the author of the bill and victim to the subsequent recall campaign, tweeted that it was “a huge win… for Arizona and the nation.” My own Congressman, Rep. David Schweikert, said that the ruling was “a victory for Arizona and our state’s right to defend our citizens.” Governor Jan Brewer [pdf] said it was “a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens.”

How much did Arizona Republicans win? The Court struck down state penalties for undocumented immigration, including penalties for not having immigration identification or for applying for work without the proper documents. The Court also invalidated the provision that allowed officers to arrest anyone believed to be undocumented. The only thing left of the provisions is the check-your-papers bit, but as Laurie Roberts says, “SB 1070 allows Arizona police to ask about immigration status. They just can’t do anything about it once they get an answer.”

Justice Kennedy’s opinion makes it clear that what remains of the check-your-papers provision is not to be abused, specifying that those under suspicion should not be held any longer for an immigration status check than they would be for the offense for which they were originally detained. Indeed, the decision leaves the door open for the inevitable challenge – and there are still a couple of challenges winding their way through the court system. The decision also acknowledged the executive branch’s discretion when it comes to how to enforce national immigration law, which makes SB 1070 largely useless. As Judd Legum notes, the decision largely supports President Obama’s recent directive to restrict deportations for many young immigrants.

Almost immediately after the ruling, the Department of Homeland Security announced that it was scaling back program 287(g), which deputized local law enforcement with immigration duties. This means that even if local police do suspect someone to be undocumented, they have to defer to federal officials to act. Along with the Obama administration’s new directive on abandoning low-priority deportations and the Supreme Court decision, the suspension of this program sends a clear message that states can’t create their own immigration policies.

As much as the conservatives in Arizona want to claim victory, all signs point to a refutation of everything SB 1070 stands for. The United States is supposed to have a national immigration policy, not state-wide laws. As Arizona moves forwards with a toothless SB 1070, we’ll see what happens on the national stage.

Voting Rights for Everyone!

This afternoon I, presumably like a lot of people, raised an eyebrow when I read that officials were estimating a 119% voter turnout in today’s Wisconsin recall election. My mind first jumped to Tammany Hall and ballot stuffing, and I remembered a clip in Gangs of New York in which the Irish were getting haircuts by Mad-Eye Moody between votes. It turns out that such a high turnout number is actually possible in Wisconsin because the state allows same-day voter registration, something I didn’t even know existed. Election Day Registration, it turns out, is an option (in some form or another) in eight states and Washington, DC. This is hugely awesome, and I wish more states did this.

Arizona, like a lot of states, has some restrictions on voter registration. In the Copper State, on top of registering 30 days before elections, on election day you will also need one ID with your name, address, and photo or two forms of ID with your name and address. And a hope that you don’t accidentally go to the wrong polling station or you don’t have an early ballot sitting at home somewhere. Add on the misinformation floating around out there, and even registered voters can face obstacles to voting. Allowing same-day registration helps make it easier for people moving to still vote in their new districts, especially since students often move right around primary season in many states. I think the more people that can vote, regardless of who they’re voting for, the better.

That’s why I’m a huge supporter of #16toVote, or really any age to vote. I figure we’re all affected by government, we should have the ability to choose them. Lowering the age to 16 gives voting rights to people who often work, go to school, drive, and do a number of other things that are directly affected by the government. Plus, voting’s awesome. If you want to vote, you should be able to, regardless of your age. Or your citizenship.

In the United Kingdom, you don’t have to be a citizen to vote. Citizens of Commonwealth countries and Ireland can vote in all elections, and citizens of European Union countries can vote in local and regional elections. Immigrants live under the same laws as all of us – even undocumented immigrants drive on our roads and pay the same sales tax. Shouldn’t they have the right to vote? After all, taxation without representation is what our democracy was founded on. Plus, some states used to allow alien suffrage less than a century ago.

I guess the best decision would be to abolish voter registrations. North Dakota hasn’t had voter registration since 1951. That’s better than denying residents the vote because of some technicality involving school or poll stations or identification. I don’t know what methods they have of restricting by age or citizenship, but I’m sure they exist. If suffrage has spread from white, male, landowners over 20 to include women, people of color, and 18-year-olds, I figure it’s not outlandish to ask for a youth vote or for immigrant rights. Even if it might take a while.

LRA Commander Captured! What Does It Mean?

Over the weekend, news broke that LRA commander Ceasar Acellam Otto was captured by UPDF soldiers on the border between Central African Republic and the Democratic Republic of Congo. In his 60s, Acellam is a former UNLA fighter, meaning he’s been a rebel since before the LRA were in the game, so he’s a pretty big catch. He was allegedly in charge of intelligence for the LRA, and defectors have alluded to him being the link between Kony and Khartoum. While Acellam is not one of the remaining leaders that has been indicted by the ICC, he is one of the top commanders of the rebel force. His capture could mean a lot of things, but it doesn’t necessarily mean the end is near.

The LRA has been increasingly on the run, but has regained some strength. After a long silence in the last months of 2011, during which LRA leader Joseph Kony allegedly ordered his troops to lie low, the rebels have been making a comeback with attacks on the rise in Central African Republic. This is in addition to the steady flow of attacks in the Democratic Republic of the Congo, where UPDF soldiers cannot follow.

Against this backdrop, the BBC recently reported on allegations that Sudan was again supporting the LRA, which comes as no surprise. Khartoum supported Kony for years during the 1990s and early 2000s, and with increasing tensions along the Sudan-South Sudan border it would benefit the government to partner with the LRA once again. Indeed, as far back as late 2010 people were saying that Kony could be on his way to Darfur, where he would be safe from international pressure.

While Acellam’s capture could deal a huge blow to the LRA, if Kony is already in Sudan then there is no change in the manhunt. As Mark Kersten has pointed out, it’s like playing hide and seek with the seekers in one house and the child hiding in another. No matter who the coalition of soldiers captures, Kony might not be where they’re looking. Ending LRA violence is obviously in the interests of many, but capturing Joseph Kony has been the stated goal (and means to ending the violence) all along. If the LRA is getting support from Sudan, it’s even more likely than before that LRA fighters and indicted leaders are seeking shelter under Khartoum’s wing. If the LRA leadership enjoys safe haven and impunity, the conflict won’t be over.

Update: Mark Kersten has written a pretty thorough addition to the discussion of Acellam’s “capture.”

Arizona Fixes Vigilante Justice By Sanctifying It

Earlier this week two undocumented immigrants were killed in the town of Eloy, Arizona, allegedly after men dressed in camouflage shot up the truck they were hiding in. Arizona has been known for its problems with militias patrolling the border, and it has had its share of vigilante violence.

It is against this backdrop that some state legislators actually want to put a stamp of approval on these actions by creating a state-wide volunteer militia. The so-called “Arizona State Guard” would be established by the state if Senate Bill 1083 passes the state Senate (it has already passed the House).

The bill includes provisions to fund the militia with gang task-force money ($1.4M), grant immunity to militia members “while on duty… in camp, maneuvers or formations, or while engaged in armory drill, or while on the way to or from such duties,” and create the appointment of a commissioner by the governor. The purpose of the militia is to unilaterally apprehend those involved in cross-border crimes at the behest of the governor or as a part of cooperative effort with city, county, or federal law enforcement.

Just another piece of bullshit Arizona legislation.