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Remembering and Honoring Our Remarkable Friend and Advocate, Marlene Kayser

Marlene Kayser

 

 

“My travels with The Advocates began with a trip to Beijing, China, in 1995, for the United Nations’ Fourth World Conference on Women. Experiencing the hope, beauty, determination, and power of the women there inspired me. I came home committed to work even harder for women’s rights.” – Marlene Kayser

 

 

 

 

We have lost an amazing Advocates’ family member, Marlene Kayser. Marlene served on the board, co-chaired our Women’s Program advisory committee, and volunteered for more than 20 years. Volunteers are the lifeblood of the organization and no one exemplified this value more than Marlene. Starting with our delegation to the United Nations Fourth World Conference on Women in Beijing, China, Marlene set the gold standard for volunteers. That event was an extraordinary gathering of women from every corner of the world. One of our goals was to learn as much as we could about the global women’s human rights movement. Marlene was a master connector and networker. She helped us establish and foster relationships that are still an important part of our work today.

Marlene was a tireless advocate. She rolled up her sleeves and got the work done at the same time inspiring the rest of us to keep going. Marlene worked in countries transitioning to democracy after the fall of communism in Central and Eastern Europe. She worked with us in Bulgaria to document sexual harassment and workplace discrimination. On another trip we documented domestic violence and the government’s response in Macedonia. The resulting reports from this research were used in advocacy to pass important new laws and policies protecting women in both of these countries.

Marlene was masterful in sharing her own experience with advocacy, organizing and fundraising. She also shared creative ideas with the rest of us that improved all our training skills. She was part of laying the groundwork for the amazing network of activists in the region today.

For more than 20 years, Marlene has helped steer our fundraising efforts at The Advocates. No job was too big or too small. She modeled the successful house party organizing that we now use with all of our programs.

Marlene took on making the silent auction at our annual awards dinner world class. She had the unique gift of knowing exactly what will appeal to people of all ages. It came to be known that “Marlene is always right.” Her baskets and item selections always got the most or highest bids.

It is not enough to work hard, but as Marlene taught us, we have a lot to learn from those who have more experience and we need to respect that expertise.

We will miss Marlene dearly.

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Protecting Victims: The Only Way to End Human Trafficking

FeaturedProtecting Victims: The Only Way to End Human Trafficking

This past August 8th, several black SUVs sped into Christensen Farms in Sleepy Eye, Minnesota, blocking the entrances. As the car doors opened, dozens of Immigration and Customs Enforcement (ICE) agents emerged and surrounded the offices. It was the culmination of a 15-month long investigation and they’d come to arrest people suspected of a criminal conspiracy to hire and exploit undocumented immigrants.

That day, similar scenes played out at other farms and businesses across Nebraska, Minnesota, and Nevada. In total, 17 business owners were arrested. According to the ICE press release, the alleged ring of conspirators knowingly hired immigrants who did not have documentation and then exploited those individuals through coercive measures. More specifically, the owners allegedly forced these workers to cash their paychecks for a fee at illegal businesses, deducted taxes from their paychecks without actually paying those taxes to the government, and coerced the workers into staying silent through use of force and threats of arrest and deportation.

The ICE press release never mentions it, but federal law has a name for this crime: human trafficking.

On its face, it seems like this operation should have given The Advocates and other organizations working to end human trafficking a cause to celebrate. Unfortunately, it didn’t. That’s because these 17 arrests were accompanied by another 133; in addition to arresting the perpetrators of the crime, ICE also arrested the victims.

In other words, even though the people in question had suffered this abuse, and even though there are federal laws in place specifically designed to protect victims of human trafficking, ICE continued to pursue the Trump administration’s tenacious mission to deport all “illegal aliens.” Instead of help and compassion, these victims were met with detention and the looming threat of deportation, and were painted as identity thieves.

From a humanitarian perspective, this type of treatment is certainly shocking and clearly the wrong move. The fact that these are victims of human trafficking, however, makes this heartless response not only cruel but also counterproductive.

While they were still working on the farms, these individuals were kept from leaving or reporting the exploitative situation by the owners’ threats: do anything to stop us and you’ll be arrested and deported. When they arrested these victims and charged them with deportability, ICE followed through on the perpetrators’ threats.

As highlighted in The Advocates’ soon-to-be-released protocol on effective responses to labor trafficking, this type of response sends a message to other trafficking victims that the law is not there to protect them, but rather stands on the side of the traffickers. Ultimately, instead of feeling empowered to speak out, other victims will be even more likely to keep silent and continue to live, work, and suffer in fear. This end result is precisely why the federal protections for trafficking victims were created and why following them is essential to ending this modern form of slavery.

Put another way, rather than helping to end human trafficking in the United States, ICE’s actions ensure that it will continue. One thing is clear: if our country wants to deal effectively with this severe human rights violation, ICE needs to drastically change its approach.

By Rachel Adler, Research, Education, and Advocacy Intern at The Advocates for Human Rights

Sources:

Beck, Margery A. “Immigration Raids in Nebraska, Minnesota Target Businesses.” Star Tribune. August 9, 2018. http://www.startribune.com/immigration-raids-in-nebraska-minnesota-target-businesses/490389421/

Boldan, Kelly. “ICE Raids Target Businesses in Minnesota, Nebraska, Appleton Facility is among Christensen Farm Locations Raided.” West Central Tribune. August 8, 2018. http://wctrib.com/business/agriculture/4483330-ice-raids-target-businesses-minnesota-nebraska-appleton-facility-among

Planos, Josh. “ICE Executes Federal Search Warrants in Nebraska, Minnesota, Nevada.” KETV. August 9, 2018. https://www.ketv.com/article/immigration-raid-underway-in-oneill/22676364

Smith, Mary Lynn and Stephen Montemayor. “Big Minnesota Pork Producer ‘Surprised’ by Immigration Raids.” Star Tribune. August 10, 2018. http://www.startribune.com/more-than-130-arrested-in-immigration-raids-in-minnesota-nebraska/490470901/

United States, Department of Homeland Security, U.S. Immigration and Customs Enforcement. “ICE Executes Federal Search Warrants in Nebraska, Minnesota and Nevada.” August 8, 2018. https://www.ice.gov/news/releases/ice-executes-federal-search-warrants-nebraska-minnesota-and-nevada

Human Rights Education in the U.S. is About to Get a Boost

FeaturedHuman Rights Education in the U.S. is About to Get a Boost

Within the next two years, Massachusetts K-12 students will delve more deeply into the ins-and-outs of international human rights in their history and social studies classrooms. New readings and lesson plans will focus on international human rights treaties, cover a variety of human rights movements both inside and outside the United States, and include more comprehensive discussions on the topic of discrimination. Students will be exposed to human rights concepts from the earliest grades, with the material gradually increasing in complexity through high school.

This is thanks in part to a new initiative on the part of The Advocates for Human Rights and our partner Human Rights Educators USA (HRE USA) that seeks to improve human rights education in schools across the country. To this end, with the help of a team of dedicated volunteers, we evaluated how each state’s social studies standards handle the subject of human rights. Alongside this, we gathered information on when those standards will be updated and how the public can provide input on changes, so that we could act on our findings. First up was Massachusetts. We reviewed their proposed social studies standards and submitted our feedback. Happily, the Massachusetts Department of Elementary and Secondary Education took our comments to heart. The end result is a curriculum that invests additional time and energy into teaching human rights.

These changes are about much more than facts and figures. Human rights education significantly impacts the life of each individual child. When they understand what their and others’ rights are, children can more easily identify human rights violations and take action accordingly. Even at a young age, they can begin to tackle issues like prejudice and inequality and become more aware of what’s going on around them. Research confirms this. In schools that instituted human rights programming, students developed an ability to analyze their lives through the prism of human rights, were more motivated toward action, and had a deeper appreciation of diversity and inclusion. [1] [2]

Introducing this type of material during these formative years may also increase children’s social awareness. Schools that incorporated human rights education reported that students showed an increase in tolerance, empathy, and respect. Bullying decreased and students exhibited more respectful behavior toward both their teachers and other students. Additionally, students became more engaged in their schoolwork and felt increased confidence in their academic ability. [3] [4]

Equally as important is the impact human rights education at the K-12 level can have on our country’s future. Imbuing our children with a meaningful and deep understanding of these topics is essential if we want to build a culture where human rights are respected. Imagine a world where all of the refugees at our border were treated with dignity, where everyone had access to sufficient food and housing, where racial and gender equality gaps had closed, and where the prison population was small and treated with dignity. This may sound utopian but the more we teach today’s children to see human rights as vital, the more such a world becomes a possible future, since tomorrow’s leaders will be more likely to prioritize human rights.

Unfortunately, in spite of these many benefits, our review process of existing state social studies standards revealed that most states provide little human rights education and eight states do not cover the subject at all. This means that even when teachers see the value of human rights education, there’s little they can do since they must cover state guidelines and standards before adding optional content like human rights. In Massachusetts, those very standards now give more weight to human rights education, ensuring that children will engage with this powerful topic. States with upcoming review periods include North Dakota, Oklahoma, South Carolina, and Texas. We look forward to achieving similar results in these states and others as we continue to engage in this process.

A huge thank you to all of the talented volunteers who helped to make this a reality. We couldn’t accomplish this without you!

By Rachel Adler, Research, Education, and Advocacy Intern at The Advocates for Human Rights

[1] Bajaj, M. (2011) Teaching to Transform, Transforming to Teach: Exploring the Role of Teachers in Human Rights Education in India, Educational Research, 53 (2), 207-221,

[2] Sebba, J. and Robinson, C. (2010) Evaluation of UNICEF UK’s Rights Respecting School Award. London: UNICEF UK.

[3] Covell, K. (2010) School Engagement and Rights-Respecting Schools, Cambridge Journal of Education, 40 (1) 39-51

[4] Tibbits, F. (2010) Impact Assessment of the Rights Education Action Programme (REAP). Final Report Submitted to Amnesty International Norway. HREA.

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Remembering Our Friend and Advocate, Arvonne Fraser

Arvonne Fraser 2012

“I was ready for the new women’s movement when it emerged and turned my talents and experience to it. Defying expectations, taking risks, and seeking what I could do beyond near horizons became my sport…It’s thrilling to imagine the possibilities that await my grandchildren—and you readers. This is my story. I wrote it to encourage other women to live fully and write theirs.” – Arvonne Fraser (from her memoir entitled “She’s No Lady”)
 

The human rights world has lost a giant. Arvonne Fraser inspired women’s human rights activists across the globe. She encouraged multiple generations of women to find their voices to make their lives better and improve the world. She helped develop international standards for the protection of women and was a tireless advocate herself. In addition to work on international human rights, Arvonne leaves a long legacy in many different arenas, including government, academia, and nonprofit.

She and her husband, Don, influenced our work at The Advocates for Human Rights from the very beginning.  In their honor, the Don and Arvonne Fraser Human Rights Award is presented annually to an outstanding individual or organization promoting human rights. Arvonne’s legacy will live on through the many human rights activists she influenced, both in Minnesota and around the world. This year’s awardee, Jane Connors, spoke of the immense importance of her work in realizing the implementation of the human rights of women through the Convention on the Elimination of All Forms of Discrimination against Women.

“It is hard to overstate Arvonne’s impact. I have met people from the far corners of the world who when they learned I was from Minnesota, told me wonderful stories about how Arvonne has influenced them in their work,” states Robin Phillips, Executive Director of The Advocates for Human Rights.

We will miss Arvonne dearly.

Read the Star Tribune article about Arvonne.

Our Work: Eradicating Violence Against Women

Our Work: Eradicating Violence Against Women

Kofi Annan said this when he was secretary-general of the United Nations:

Violence against women is perhaps the most shameful human rights violation. And, it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.

Think about that: the most pervasive violation of human rights.

The Advocates for Human Rights, through our Women’s Human Rights Program—and indeed through all of our programs—has a proud history of standing up for women and fighting against gender discrimination and violence. We are fighting at every level.

In the immediate term, we help make women safe by bringing their asylum claims to get them away from their abusers and away from the governments that refuse to protect them.

We also help at the level of changing bad laws. In North Africa, we helped bring about the repeal of laws in Morocco and Tunisia that had allowed rapists to escape prosecution if they married their victims. We also were instrumental in getting Mongolia to make domestic violence a crime for the first time in its history, and in getting Croatia to recriminalize domestic violence after the government had actually taken it out of the criminal code.

Finally, we know that laws are of little use if they aren’t enforced, so we help at the level of monitoring and education. Here in Minnesota, we educated law enforcement and licensing personnel about sex trafficking, leading to a whole new focus on prosecuting the traffickers rather than the victims of trafficking. Because of this work, more than 20 different Minneapolis businesses that were fronts for sex trafficking were identified and closed.

But we all know how much more must be done. Beating and torture of domestic partners is still too often, in too many places, thought of as a family matter, and governments won’t intervene. Vladimir Putin’s Russia has decriminalized domestic violence just as Croatia did, and is also targeting and successfully shutting down human rights organizations there by claiming they are spies.

Then, of course, there is our own country, which has proclaimed by attorney general fiat that even horrendous domestic violence without government recourse should not be grounds for asylum, arresting and jailing, with “zero tolerance,” adult refugees and their children who present at our borders with a legal claim to asylum—people whose only “crime” was to flee beatings or rape or torture and seek a better life in America.

We have to help all women who suffer violence and abuse, but we cannot do our work without your help. Our budget is tiny compared to the impact we’ve had. That’s because our model is to bring the extraordinary resources of our community, including many of the best and the brightest activists and lawyers, to achieve far more than our small size and budget suggest that we could. The only thing that limits us is having the resources to train, coordinate and support even more of this amazing talent.

Many of us see the horrific things on the news and ask ourselves, “What can I do?” Here are two things you can do right now. First, call your Congressional representative to express your outrage over what our country is doing at the border.

Second, go to www.theadvocatesforhumanrights.org and make a financial donation to the Advocates. Now is the time to step up, pull out your checkbook or credit card, give a little more than you thought you would, respond to the call. Speaking personally, I know from direct experience and observation, there is no better place for my family to focus our financial giving than this shining Minnesota beacon of hope called The Advocates for Human Rights.

If you look at the news and ask yourself “What can I do?” that’s what you can do and you can do it now.

By James A. O’Neal, Chair, Board of Directors, the Advocates for Human Rights

This post paraphrases remarks given by Mr. O’Neal at the Human Rights Awards Dinner on June 21, 2018.

The Government is Dragging Us Back Decades in the Protection of Women’s Human Rights

FeaturedThe Government is Dragging Us Back Decades in the Protection of Women’s Human Rights

In my 25 years as a human rights advocate, I have learned that it is very difficult to be female in many parts of the world.  In spite of this reality, Attorney General Jeff Sessions is dragging us back decades in the protection of women’s human rights. His recent rejection of the decision in the Matter of A-B shows a callous disregard for the lived experiences of women.

In many countries, girls are aborted or killed as infants solely because they are female. Some die during traditional rituals such as female genital mutilation. Other girls are married off as children, trafficked for sex, or sold as domestic servants. As adults, women face violence in their homes, the streets, or at the hands of their governments. Some women are prohibited from doing certain kinds of work by archaic labor laws developed based on stereotypes and prejudices about women. Others endure harassment and demeaning work conditions just to make a living.

It took the United Nations more than 45 years to acknowledge women’s rights as human rights and violence against women as a human rights violation. It long ago acknowledged that governments are accountable for the human rights they commit as well as those they systematically fail to prevent. Kofi Annan identified violence against women as the most widespread human rights abuse in the world. Governments around the world have slowly been adopting laws to address violence, but we see enormous difficulties in properly implementing laws to provide adequate protections.

This new recognition that legal protections should reflect the experiences of women was slowly being reflected in refugee and asylum law in the United States. Over the past two decades we have seen the definition of social group, an identified group who should be protected from persecution, extended to victims of domestic violence when their government cannot or will not protect them. These life-saving developments recognized that previous interpretations of the l aw ignored these human rights abuses against women.  Domestic violence is not a family matter, it is a global epidemic and the stakes could not be higher.

Another thing I learned is that governments around the world are failing women. I have heard countless stories over the years about women calling the police or presenting themselves to prosecutors seeking protection from abusive spouses. They are taunted, ignored, and turned away. We have seen some improvement in laws and practices, but they have not stemmed the tide of abuse and women are still being injured and killed at alarming rates.  In some cases, women are ignored because their husbands are police officers, military or high ranking government officials. In other cases, the women are just not believed.

I remember one particularly compelling interview when I first started doing this work. A beautiful young woman in prison in Albania told me about the violence and abuse she experienced at the hands of her husband. He bruised her, broke her bones and made her bleed until she fainted. She tried over and over again to get help from the police and the prosecutors and was routinely turned away and told it was a family matter. After a particularly brutal beating that left her unconscious, she woke to the sight of her husband preparing to sexually assault their daughter. She leapt to her daughter’s defense, attacking her husband. He died as a result of the injuries. She was prosecuted and sentenced to prison for the man’s death. This woman, repeatedly failed by her own government, would not be provided asylum by our government today if Jeff Sessions has his way. It is up to all of us to make sure he doesn’t.

Robin Phillips is the executive director of The Advocates for Human Rights. She is an attorney and has written extensively about human rights, including trafficking in women, employment discrimination, sexual harassment, and domestic violence.

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“Go Home & Work It Out With Your Husband”: Why Sessions’ Ruling On Asylum Is So Devastating for Women Fleeing Domestic Violence

Woman covering face with handSome years ago, before the United States recognized that domestic violence was grounds for asylum, I represented a woman who was seeking asylum due to years of brutal violence inflicted upon her by her husband and the failure of her government to protect her.

“Ann” was a successful business person from East Africa who had experienced sexual, physical, psychological and emotional violence so extreme that she went to the police for help. Their response?

“Sorry, but this is a family matter – not a police matter. You have children. Go home and work it out with your husband. It will be better for all of you.”

So she went home. Her husband beat her until she passed out from the pain and blood loss as punishment for going to the police.

Because her business was so successful, she had the chance to expand the business to a neighboring country. She took the kids and moved, leaving no forwarding address. But he eventually found her there and, with support from the police, strongly “encouraged” her to move back to her country with the children. His family, as well as hers, also put pressure on her to stay in the marriage.

I met Ann because her husband was studying in the U.S. The beatings had intensified after the family moved here and she had called The Advocates for help. We had to meet to prepare the asylum application, but her husband, wary of her meeting with Americans, controlled where she went. We found surreptitious meeting places like the coffee shop near the daycare center so he would not suspect.

Perhaps others are not familiar with how much work goes into preparing a case for asylum in the United States. Asylum seekers must show, through both credible testimony and documentary evidence, that 1) they have a well-founded fear of persecution; 2) on the basis of political opinion, race, religion, nationality, or membership in a particular social group; and 3) their government cannot or will not protect them. It is not an easy thing to do, to fit all the facts of your life and your fear into the narrow frame of U.S. asylum law (which is, in fact, U.S. implementation of our obligations under the International Refugee Convention).

As we were getting close to filing her application, Ann asked me to meet her in front the building where she was taking a class. I picked her up there once or twice, no problem, and we went to the library to work on her affidavit. But when I pulled up the next time, she was standing in front of the building holding her baby and looking nervous.  She made eye contact and shook her head.

“No,” she mouthed.  “Go.”

Out of the corner of my eye, I saw a man coming towards her. My overall impression was a fast-moving blur of anger and intimidation.  I looked away from Ann and hit the accelerator. I couldn’t speed off – I was a human rights lawyer working for a nonprofit and my old car had zero acceleration – so I could see from her expression that it would do more harm than good if I stopped and tried to help.

I still am a human rights lawyer working for a nonprofit and I still drive an old car with zero acceleration.  Every once in a while, when I look in the rearview mirror, I think of Ann and remember that day. The sight of him yelling at her, fist raised… this is the closest I have ever come to witnessing domestic violence and it is the closest that I ever hope to be.  I waited on pins and needles until she called me late that night after he fell asleep. He had beaten her again but she was still alive.

We filed her asylum application not long after. She testified truthfully and credibly at her interview about the persecution she suffered, how she tried to leave but he tracked her down in another country, and about her government’s unwillingness to protect her from harm. The Asylum Officer asked the question that many people unfamiliar with the power and control dynamics of domestic violence ask victims: “Why do you stay with him if he beats you?”

Her answer was simple.

“Because I have tried to leave and he always finds me and brings me back. Then the beatings get worse. I am afraid every day that he will kill me. Then what will happen to my children?”

The day Ann was granted asylum, she took the children and left to begin a new life in safety and dignity as an American.

Ann was not the first domestic violence victim granted asylum in the U.S. Throughout the 1990s and 2000s, an increasing number of adjudicators granted asylum to individuals fleeing persecution by non-State actors that the government was unable or unwilling to control.  These were cases of individuals fleeing domestic violence, traditional harmful practices like FGM, and violence and discrimination based on sexual orientation or gender identity.  In 2014, the federal Board of Immigration Appeals issued a precedential decision (Matter of A-R-C-G-) that people like Ann could be granted asylum based on persecution on account of a particular social group.

Now Attorney General Jeff Sessions has overturned that ruling and years of jurisprudence by announcing that victims of domestic violence and other persecution by private actors “generally” do not qualify for asylum. The attorney general announced his decision in Matter of A-B-, a case in which he invoked a rarely used power to personally intervene and certify to himself for reconsideration after the Board of Immigration Appeals reversed and remanded to the immigration judge with an order to grant asylum. The case concerns a woman from El Salvador who fled 15 years of sexual, physical, psychological and emotional violence that her government failed to protect her from.

What I would like my fellow Americans to know is this:

International law recognizes that asylum seekers are particularly vulnerable and deserving of protection.

The international refugee protection system was set up as a result of the horrors of World War II, when Jewish refugees attempted to flee and were returned to Nazi death camps.

When people present themselves at the U.S. border and ask for asylum, they are not breaking the law. They are acting lawfully. They are following the process established by federal statute. They are exercising their fundamental human right to seek asylum from persecution.

The attorney general is by fiat attempting to return U.S. asylum law to a time when domestic violence was seen as a “family matter.” This is only the latest salvo in the administration’s all-out war against refugees and asylum seekers. It is connected to the “Zero Tolerance” immigration policy and should be seen in that context.

From a global perspective, Sessions’ move is in line with efforts in Russia and other countries around the world to undermine protections against domestic violence. I recently traveled to Moldova to train women’s human rights defenders who have seen the rising tide of “family values” throughout Russia, former Soviet republics, and Eastern Europe, as laws are passed decriminalizing domestic violence.

My client Ann was granted asylum on the basis of her social group of women from her country who have experienced extreme sexual, physical and emotional domestic violence, (which the UN Committee against Torture recognizes as “torture”), who are unable to escape their abuser and who the government is unable or unwilling to protect. It was only due to the permanent legal status she gained through the U.S. asylum system that she was able to take her children and leave her abusive husband, and start a new life for her family as Americans.

Mr. Session’s attempt to unilaterally narrow the definition of who is eligible for asylum from persecution ignores existing U.S. law and jurisprudence.  Further, it violates international law and US treaty obligations. In interpreting the Refugee Convention, the UN High Commissioner for Refugees has issued advisory opinions stating that domestic violence victims are potentially part of a social group. It turns back the clock to a time women fleeing gender-based persecution were not given refugee protection.

In my experience, when people have the chance to actually meet and get to know refugees and asylum seekers – and even other migrants who are coming for reasons of family reunification or work – they don’t say things like Mr. Sessions wrote in his opinion in Matter of A.B., “Yet the asylum statute does not provide redress for all misfortune.”

People who know asylum seekers fleeing domestic violence say things like, “She’s a really good person, just doing the best that she can for her family. She is trapped and has to get out of this violent situation. What can I do to help her?”

Before taking it upon himself personally to change well-established asylum law and practice, I really wish that Mr. Sessions could have met my client Ann. Or maybe even A.B. or others impacted by his decision.

By Jennifer Prestholdt, Deputy Director of The Advocates for Human Rights.