Daily Archives: June 24, 2020

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Fifteen years after it came into effect, promising a new era in transparency in government functioning, Indias Right to Information, or RTI, Act is dying a slow but certain death, with the executive letting go of no chance to hasten theprocess.

According to an estimate, between 40 and 60 lakh RTI applications are filed every year, but less than 3 per cent Indian citizens have ever filed an RTI plea.

Of the applications filed, less than 45 per cent received the information they had sought, according to the Report Card of Information Commissions in India, 2018-19 released by the Satark Nagrik Sangathan (SSN) and the Centre for Equity Studies (CES). But of the 55 per cent who didnt receive the information, less than 10 per cent filed appeals.

It doesnt help that the Chief Information Commission (CIC) and the State Information Commissions (SICs) have an unwritten rule about not penalising erringpublic information officers for their failure to respond to RTI applications properly and in time. And then there is the matter of huge backlog.

The Report Card revealed that as of 31 March 2019, there were 2.18 lakh appeals and complaints pending before the SICs. The study added that it took an average of more than a year for most SICs to dispose of complaints/appeals. While the SIC of Andhra Pradesh would take 18 years to dispose of a complaint, West Bengal SIC would take seven years and five months.

Also read: Indian citizens and media have been terrorised enough with sedition. SC must end it now

When demonetisation happened, RTI applications were routinely rejected by the Reserve Bank of India (RBI) on the specious ground that disclosing the information would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, relation with foreign state or lead to incitement of an offence all mentioned in Section 8 of the RTI Act, which deals with exemptions.

When the CIC directed the RBI to provide the list of wilful loan defaulters, the RBI went tocourt and got a stay. Finally, on the directions of the Supreme Court, the RBI issued the list.

More recently, the Narendra Modi government has resolutely rejected applications seeking information about the controversial PM CARES Fund, set up to collect financial aid from citizens to fight the Covid-19 pandemic.

Helping the government in its endeavour to make the RTI movement ineffective is the higher judiciary, which has been resisting bringing in any kind of transparency in its own functioning.

After all, the Supreme Courts own record in dealing with cases pertaining to the applicability of the RTI Act on matters of judicial appointment isnt something to write about.

Lack of adequate infrastructure and shortage of staff in government offices to deal with RTI applications is another cause for worry.

Then there is the issue of threats and acts of violence against RTI activists. In the last 15 years, at least 86 people who had filed RTI applications have been killed while 175 others have been attacked. At least seven applicants committed suicide while 184 applicants reported being harassed.

Also read: Modi govt set to appoint J&K separatists son-in-law as high court judge

Publicly available data, including in the annual reports of the CIC, shows that while there has been a steady increase in the number of RTI applications filed every year, the backlog, too, has been increasing.

As per a study by the Commonwealth Human Rights Initiative, between 2012-13 and 2018-19, the total number of RTI pleas with various central government offices rose by 83 per cent from 8.86 lakh to 16.30 lakh. But the number of CPIOs mandated to handle them increased by only about 13 per cent from 21,204 to 24,048. More importantly, there was a a sharp fall in the mandatory reporting of data by ministries and departments to the CIC.

Another successful method to prevent outflow of information under the RTI Act is to appoint former government servants as information commissioners. After all, who better than a retired bureaucrat to prevent from getting public an information that could embarrass the government.

The 2018-19 SSN-CES Report Card found that of the 374 information commissioners appointed in the 29 SICs since the inception of the RTI Act, over 58 per cent were former government officials. Of the 115 chief information commissioners appointed during this period, over 83 per cent were retired government servants, with 64 per cent from the elite IAS.

Also read: Information panel wants Modi govt to relax RTI response deadline during lockdown

The central and state governments have devised an effective way to thwart activists attempt to seek information by keeping the posts of information commissioners vacant.

In fact, on 16 December 2019, the Supreme Court directed the central and state governments to appoint information commissioners in CIC and SICs within three months. The court had said in its order that operational information commissions were vital for the smooth working of the RTI Act.

But, the governments cant be bothered, because several posts continue to remain vacant. When the term of the information commissioners of the common SIC for Andhra Pradesh and Telangana ended in May 2017, it took an order of the High Court of Andhra Pradesh and Telangana to push the two states to constitute SICs.

Andhra Pradesh took over a year to finally appoint three ICs, that too after the intervention of the Supreme Court, choosing not to appoint a CIC for almost two years. BJP-ruled Tripura remained without a functional SIC for over six months.

Also read: 21 of 29 state information commissions did not hold any RTI hearings during lockdown

In its judgment in the Central Board of Secondary Education versus Aditya Bandopadhyay on 9 August 2011, the Supreme Court observed that the RTI Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquillity and harmony among its citizens.

Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Actand the pressure of the authorities under theRTI Act should not lead to employees of a public authorities prioritising `information furnishing, at the cost of their normal and regular duties, the bench further said.

Many public information officers often cite these words to discourage RTI applicants.

But, like several other spheres, in these times, the courts have often been siding with the government and failing to uphold the letter and spirit of the RTI Act. They have ensured that people seeking to use the RTI Act to expose the wrongdoings of the government are fearful of adverse observations. What hopes then do the common citizens have to hold their governments accountable? Perhaps, the judiciary can ask this question on behalf of Indian citizens.

The author is a senior journalist. Views are personal.

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In 15 years, RTI has gone from Indian citizens most powerful tool to an Act on life support - ThePrint

In August 2011, Norman Eisen, then the U.S. ambassador to the Czech Republic, joined diplomats from a dozen other countries in voicing support for Pragues first gay pride march. The backlash was as swift as it was unexpected and the controversy over what was seen as inappropriate interference in domestic affairs became a defining moment of Eisens ambassadorship. It was not just fringe figures on the Czech right who spoke out against it, but also the countrys conservative president, Vclav Klaus. Even Karel Schwarzenberg, the foreign minister and a staunch Atlanticist, pushed back, saying that expressions of support to rights that nobody in the Czech Republic is denied are counterproductive and redundant.

If a post-Trump United States is to get back into the business of promoting democracy, freedom, and human rights around the world, special care must be given to avoiding a recurrence of the situations from past administrations in which the United States would insert itself into other countries divisive domestic debates.

Public diplomacy has suffered under the Trump administration. The president is notorious for cozying up to authoritarian leaders. Meanwhile, the promotion of democracy and core American values has been on autopilotjust occasionally punctured by dismal news such as the appointment of a Viktor Orbn admirer, Merritt Corrigan, to the position of the White Houses liaison with USAID, or more recently the firings at Voice of America (VOA) and Radio Free Europe/Radio Liberty (RFE/RL).

A course correction is vitally neededbut the next administration ought to be wary of an overcorrection.

To be effective, U.S. public diplomacy and the promotion of American values overseas cannot go through wild swings every election cycle. In the past, efforts at promoting democracy, good governance, and the rule of law generally sought to avoid political and ideological controversy, and thereby commanded bipartisan support. In an time of growing polarization and bitter culture wars, that will be no easy feat.

The Prague gay pride example demonstrates even the most innocuous acts in support of an obviously worthy cause can backfireeven under favorable conditions. The Czech Republic has been a reliable ally. It is also the least religious country in in the region, by a wide margin, and as early as in 2006, the Czech legal system began to recognize registered partnerships for same-sex couples, with little controversy. In short, little suggested that backing a gay-pride march in the countrys capital could backfire so spectacularly.

And that, mind you, was nearly a decade ago. Compared to the relative idyll of 2011, the divisiveness of cultural and values-related questions in Central and Eastern Europe has only grown. Russian propaganda actively seeks to depict Putins regime as a bulwark against Western decadence. Hungarys Orbn has actively exploited LGBT issues and migration to distract from his authoritarian practices and corruption at home. As he put it in a recent speech, Hungary is an island of peace and security in comparison to Western Europe, which is twisting in the multicultural grip of their vindictive colonies.

With the United States largely absent from the scene, the ire of Orbn and his ilk has been directed mostly at Brussels. And often, the would-be authoritarians have half-a-point. Two years ago, while the Hungarian government was seeking to chase out our foreign-funded NGOs and the Central European University founded by George Soros, the European Parliaments Sargentini Report lambasted Hungary for failing to to adapt working conditions for pregnant or breastfeeding workers, for the prevalence of negative stereotypes and prejudice against lesbian, gay, bisexual and transgender persons, particularly in the employment and education sectors, and for the fact that Hungarys constitutional ban on discrimination does not explicitly list sexual orientation and gender identity.

To be sure, such criticisms may not be without merit. But they have also helped Orbn make his case to Hungarian voters that the real issue was not his rewriting of the countrys constitution and purges in the judiciary but a wholesale attack of Western elites on traditional values.

If November brings a Democratic victory, the next administration must avoid the risk of overreach by the left, particularly given the rising prominence of illiberal, iconoclastic voices who depict traditional American, and Western, tenets of liberal democracyrepresentation, limited government, and free speechas a faade for white supremacy and other forms of oppression of women and minorities. Inevitably, that will play into the hands of ruthless leaders who never believed in those principles to begin with.

The ultimate driver behind the Black Lives Matter movementthe effort to eradicate police brutality and racismis noble and just, and the movements recent protests resonated around the world, as a paradoxical testament of Americas continuing cultural dominance around. Yet the failures and excesses of the movements leadership and intellectual undercurrentsin the form of the so-called cancel culture, street mobs tearing down statues, and a deeply revisionist attitude toward historyare unlikely to travel well, particularly outside of English-speaking countries.

The reason is not that Europes history is without blemishesquite the contrary. Marked by serfdom, pogroms, ethnic cleansing, and colonialism, and culminating in two world wars and the Holocaust, Europes past is a treasure trove of grievances. Yet, after the horrors of the first half of the 20th century, the continent has been consistent in keeping a tight lid on the ghosts of the past. Hence President Emmanuel Macrons flat refusal to consider taking down statues of controversial figures of French history, and hence the sense of panic around European capitals whenever past traumaslost territory, language rights of ethnic minorities, or reparations for old injusticesresurface in political conversations.

The progressive agenda of seeking to dismantle all lingering structures of oppression and to purify the public square, university campuses, and the corporate environment of sins of the past will provoke a reaction in the United Statesas it has before. But if, in an atmosphere of political triumph after the defeat of Trump and Trumpism, such ideas permeate policy choices made by the next administrationespecially over what causes and values the U.S. government lends its support overseasthen the 2011 kerfuffle in Prague will be nothing compared to the controversy progressive America risks stirring by its moralizing in Central and Eastern Europe, the Balkans, and beyond.

Excerpt from:

Public Diplomacy and the Risk of Overmoralizing - The Bulwark

On a cold winters night in July 2016, thousands of people gathered inside and outside Rotten Row magistrates court in Harare to await the verdict in the Zimbabwean governments case against Pastor Evan Mawarire, the leader of the #ThisFlag movement and a staunch opponent of then-president Robert Mugabe.

When the magistrate eventually threw out the treason charges brought against Mawarire for peacefully rallying people against corruption, a street party broke out. It was an unexpected victory for the rule of law won, at least in part, through collective nonviolent action by people.

In its most basic form, the rule of law simply means that no one is above the law. Everyone is treated fairly and justly, and the government does not exercise its power arbitrarily. These principles lie at the heart of the ongoing protests against systemic racism and police brutality in the United States following the death of George Floyd. The rule of law is very different from rule by law, which characterises many authoritarian states and, increasingly, some democracies as well.

Many argue, not unreasonably, that building robust institutions is essential to strengthening the rule of law. But what do you do when the institutions which are meant to uphold the rule of law are so hollowed out that they have become the primary tools for its subversion?

The conventional focus on building institutions can leave people feeling disempowered, waiting patiently for the all-important institutions to reform, while they remain on the receiving end of oppression meted out by those very institutions.

It can also lead to unhelpful interventions by well-meaning external actors, which inadvertently strengthen the authoritarian capabilities of captured institutions rather than the rule of law.

To strengthen the rule of law, we first need to focus on strengthening people, not institutions. This involves the difficult, dangerous and often unglamorous work of grassroots organising that empowers citizens to act through informal channels outside of established institutions.

Such action includes nonviolent protests marches, boycotts, strikes and pickets as well as citizens initiatives that directly improve peoples lives, such as worker advice centres and community gardens.

Such efforts are especially necessary in authoritarian states where institutions are fundamentally broken. But even in established democracies, the recent failure of supposedly strong institutions to prevent the rule of law from being undermined has shown that there is no substitute for an active and organised citizenry.

Such engagement cannot be legislated or decreed, or copied and pasted from another jurisdiction. People must build it collectively from the ground up.

Building people power starts with opening citizens minds to a different type of society and a new way of doing things. In apartheid South Africa, for example, the study groups and adult literacy classes in townships during the 1970s helped to lay the groundwork for the mass movement that emerged in the 1980s under the banner of the United Democratic Front (UDF).

The UDF would go on to play a leading role in the struggle against apartheid, culminating in 1990 with Nelson Mandelas release from prison and the unbanning of the ANC.

Next, like-minded people need to organise themselves, connect with one another in the real world (not just on social media) and become actively involved in issues directly affecting their lives. These issues might at first be local rather than national, and involve less risky actions.

Over time,people build mutual trust and gain confidence in themselves and their collective power as a group. Coalitions form and actions become larger in scope and perhaps more confrontational. Before you know it, a social movement emerges that is bigger than any of the individuals or organisations involved and can unlock peoples power to bring about change.

People power can strengthen the rule of law in at least three ways. For starters, it can counteract and even neutralise the top-down pressure placed on courts and police by the authorities typically, the executive. This can help to ensure that even hollowed-out or compromised institutions discharge their duties in accordance with the rule of law, as in the case involving Mawarire.

Second, a people-power movement can create alternative spaces that prefigure a society in which the rule of law is respected. The movement must operate internally in a just and fair way, and apply the same standards to all its members regardless of rank. And any civil disobedience must have a strategic purpose and be highly disciplined, so that participants understand that such action does not constitute a rejection of the rule of law, but rather a means of establishing it.

Third, people power has repeatedly proved to be an effective tool in defeating even the most brutal dictatorships and achieving a transition to a more democratic system of governance. Far-reaching reforms that strengthen the rule of law can then be implemented in ways that would not have been possible under a corrupted system.

In November last year, for example, Sudans new transitional authority established after months of nonviolent protests against president Omar al-Bashirs dictatorship and then against the military regime that ousted him repealed an oppressive public-order law that had governed how women could behave and dress in public. Although Sudans transition is by no means complete, this represented a huge triumph for the rule of law. It would not have been achieved without people power.

Authoritarian leaders understand and fear people power. Soon after Mawarires hearing, the Zimbabwean regime erected a fence around Rotten Row magistrates court to prevent similar public gatherings there.

But just as authoritarian regimes adapt and learn from their past mistakes, those of us fighting for a society based on the rule of law also must adjust, innovate and improvise, and accumulate enough power to dismantle the oppressive systems that shackle us.

Only through the struggle of people can we eventually shift our focus to building strong institutions that protect everyone equally. Project Syndicate

Doug Coltart is a lawyer at Mtetwa & Nyambirai Legal Practitioners in Zimbabwe. He writes in his personal capacity

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Rule of law must first be strengthened by people power - Mail and Guardian

Michelle Chiocco: "We are in the middle of a coup and we have a limited time to fight it"

by: Ninette Sosa

Michelle Chiocco

ARKANSAS (KNWA/KFTA) A Benton County Justice of the Peace (JP) said wearing a mask is similar to wearing a burqa. She said, in her opinion, its more of a political statement to silence people.

JP for Bella Vista, Michelle Chiocco spoke at the Republican Womens meeting on Wednesday, June 17, where she also said, we are in the middle of a coup and we have a limited time to fight it.

Governor Asa Hutchinson said he had not seen the video when asked about burqa versus face mask. But, he said, this reflects that people have different views on masks and that we need to preach the message that its a public health issue and not a political issue.

In the video, Chiocco said she rarely gets emails, but now shes getting hundreds just in the last few days about current event topics defunding the police, Washington Countys 287(g) program COVID 2.0 and alternative ways to vote.

Young Democrats of Arkansas shared the video via Twitter showing Chiocco holding a mask and what appears to be a burqa.

This was said by a Justice Of the Peace at the Benton a County Republican Women meeting. This is absolutely intolerant, inaccurate, and prejudiced. Wearing a mask saves lives, but ignorance kills.

Call Michelle at 479-295-1722 #arpx pic.twitter.com/7whB9uQKNj

Statement from Young Democrats of Arkansas Vice President Micah Wallace:

As Arkansans are dealing with record unemployment and a global health crisis, Justice of the Peace Michelle Chioccos comments are both scientifically inaccurate and blatantly Islamophobic. Benton County doesnt need elected officials at any level throwing around blatantly false and xenophobic attacks against already marginalized groups. Local politicians directly impact our day to day lives, and this type of rhetoric reflects poorly on our community and state. Young Democrats feel incredibly appreciative that Democratic Party of Benton County Chair Kelley Boyd is running to fill this seat on the Quorum Court.

BENTON COUNTY JUSTICES OF THE PEACE

The quorum court is a legislative body of the county government. There are 15 members (Justices of the Peace) who are elected to two-year terms. Each JP represents a district of about an equal population. The County Clerk serves as the secretary of the Quorum Court, according to the Benton County website. Chioccos term finishes at the end of the year.

The Arkansas Association of Counties (AAC) does not regulate county of district officials behavior. Each elected body whether the county judge or the quorum court is an independent arm of local government, according to AAC Communications Director Christy Smith. Each elected official is responsible for his or her own behavior.

The AACs mission supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group, according to its website.

NIQAB

A niqab covers the face except for the eyes and is worn by some Muslim women, again, according to a Merriam-Webster dictionary definition.

Chioccos response via email to KNWA Friday night, June 19

I held up a niqab and a mask, and said, These two are not as far apart as you think. It was not my intention to compare religions, only the cloths that could be construed as a symbol of silenceof freedom of speech lost.In our current environment, I have not been the first to draw an analogy to cloth face coverings that symbolize oppression and can be seen to stifle and chill speech. No rightful government has the authority to suspend our natural rights, but as our brothers and sisters of color have helped make us aware in the past few weeks, symbols of oppression have powerful chilling effects on the rights of the oppressed, and it takes loud voices and hard work to insist that our human rights be respected.My comment referred to the totalitarian regimes where women are forcibly silenced and are required, with violent consequences for disobedience, to wear an object that covers their faces. The object that they must wear is a potent symbol of their forced silence. In the context of a womens political meeting, I was also making reference to our shared experience of struggling to have our voices heard, and watching in horror as women in other parts of the world have their voices actively and violently silenced.As free citizens, in a nation whose founding documents protect the right of free speech, we are facing government mandates to wear objects to cover our faces. Individual concerns, questions, beliefs, and values are being overruled. Those who exercise their free speech to raise questions and concerns about the scientific or legal validity of mask requirements are being ostracized or ridiculed.In fact, other basic Constitutional rights such as the freedom to assemble, the freedom to gather for worship, and the right to file a grievance and petition our local government were all suspended in the name of the covid response.I believe that we are facing an urgent ethical question whose symbolism goes far deeper than the face of the issue: are we a nation that respects the choice to wear or not to wear a mask (as we should respect anyone who chooses to wear or not to wear religious garments); or are we a nation that shuns and invokes legal punishments against those whose individual needs or convictions lead them not to cover their faces?As a woman, I recognize the amazing amount of challenges we have had to overcome throughout our history. We have fought for the right to be heard, the right to vote, the right for equal pay, and to speak our minds without fear of threat. The MeToo movement has continued recently to work tirelessly for that equality.Again, I did not mean to offend, it was a passionate comparison of a cloth versus a cloth and the potential loss of our freedom of speech.Respectfully,Michelle Chiocco, Justice of the Peace District 10

Read more:

Benton County JP compares masks to burqas and talks about a coup - KARK

Written by Chahat Rana | Chandigarh | Published: June 23, 2020 12:30:23 am The Manu statue was installed on the Rajasthan HC premises in 1989 as part of a beautification project. (Express Photo/Rohit Jain Paras/File)

A Dalit human right activist Martin Macwan has written to Congress president Sonia Gandhi demanding the removal of a statue of Manu installed in the premises of the Rajasthan High Court. The letter states that the statue of Manu is an insult to the Indian Constitution and Dalits and it weakens the call of Dr Bhimrao Ambedkar to annihilate caste for India to grow as a nation.

The statue does not just symbolise Dalit oppression, but it symbolises the oppression of women and of shudras. In all, that makes up about 85 per cent of the population of India, says Macwan, who is the founder of Navsarjan Trust, a grassroots Dalit organisation based in Gujarat.

Macwan adds that the statue is a symbol of an oppressive past and harks to the lived reality of Dalits and women in India, whose lives are still affected by the discriminatory laws put down by Manu in his text Manusmriti. The text is known to have formalized regulations around the caste system and the patriarchal values often propagated in Hindu tradition.

What is even worse is that unlike the statues of slave owners and confederate leaders that have been brought down in the US, this statue was not put up hundreds of years ago. It was put up 31 years ago by a few advocates who viewed Manu as one of the earliest people to write law in India and hence wanted to establish that legacy, says Macwan.

The statue was put up by a lawyers body that got the approval from the Rajasthan government to put it up outside the High Court in 1989. It is not like the statue was set up in a public place, it was set up in a place that represents an institution of our government. How can we continue to condone that, adds Macwan.

There have been many attempts to bring down the Manu statue over the last 30 years. In July 1989, just six months after the statue was placed, a panel of judges from the Rajasthan High Court ordered its removal. Following this, a PIL was filed against the order, and since then the court order for the removal of the statues has been stayed. More recently, in 2018, two Dalit women from Aurangabad, who are members of the Republican Party of India, travelled all the way to Jaipur to climb up the Manu statue and smear it with paint. The two women have an ongoing case against them.

In 2020, we are not only celebrating 73 years of Independence, but also 93 years since Dr Ambedkar burnt the Manusmriti. It is high time we get rid of that statue, says Macwan.

Macwan and members of Navsarjan Trust have given an ultimatum to the Congress government in Rajasthan, stating that if the statue is not removed by August 15, they will call for an agitation.

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Excerpt from:

Remove Manu statue from premises of Rajasthan HC: Dalit activist to Sonia - The Indian Express

Preston Bell was killed by police in 2017. He was one of three Native Americans killed by police in Montana that year.(Photo: Courtesy of Cheryl Horn)

Cheryl Horn knows exactly when her license plates expire.

She never drives with a broken tail light. If the small light above the license plate flickers, Cheryl fixes it. If she's in trouble, she does not call the police.

Cheryl does everything she can to avoid encounters with law enforcement because her nephew, Preston Bell, was killed by police three years ago.

After leading officers on pursuits through Billings, Preston ultimately parked outside of his mother's house, where officers found him. When Preston didn't respond to commands, the officers deployed pepper spray through his window and placed a spike strip behind his truck, according to the Billings Gazette. Prestonawoke, reversed the truck into a patrol car anddrove forward in the direction of two patrol cars, prompting officers to fire, according to multiple officers.

The officers then shot at him 74 times. He was 24 years old.

The Billings Police Department did not immediately respond to requests for comment for this story but reported at a judicial inquiry that from their vantage point, when Preston was driving, they feared officers had been killed by his truck. The Billings Gazette reported thatMike McCarthy, an instructor at the Montana Law Enforcement Academy, said the truck was being used as a weapon, and the officers were legally permitted to respond by shooting.

Cheryl said that after Preston's death, people were harsh, especially in online forums. Theyblamed and judged Prestonfor his choices, further devastating his grieving family.

Us Natives, we'veadapted to a lot. But how do you adapt to being killed?

'People want justice': Great Falls residents rally against police brutality, racism

"People think, 'Oh, well. That's what he gets. He shouldn't have driven toward police,'" said Cheryl, who lives in Fort Belknap and is a member of the Assiniboine Tribe. "But you never hear about it from his perspective. Yes, he made choices.But, how do I explain to my sons that in a matter of six seconds, they shot at him 74 times? I want my kids to be resilient, but how can they be?"

Though Montana law requires an inquest, or judicial inquiry, whensomeone dies in police custody or after an officer-involved shooting, Cheryl fears her family will never see justice.

"Everyone in that jury was white and in their 60s. When I saw how they looked at us with disgust on their faces I knew how it was going to pan out," she recalled, adding that the jury foundthe shootingjustified.

While she was outraged and discouraged by theinquest, Cherylsaid she was not surprised.

"This is systemic. It's so darn deep. If you're Black or brown in this country, you're not safe," she said."Us Natives, we'veadapted to a lot. But how do you adapt to being killed?"

Preston Bell was killed by police in 2017 when he was 24 years old.(Photo: Courtesy of Cheryl Horn)

In 2017, Prestonwas one of 22 American Indians or Alaska Natives killed by police nationwide,according to the Washington Post's database.

A 2014 Center on Juvenile and Criminal Justice report found that Native Americans were the most likely racial group to be killed by law enforcement, followed by African Americans between 1999-2011. Nationally, about 0.8% of the population identified as American Indian or Alaska Native alone, and between 1999-2011, they comprised 1.9% of police killings, according to the same study.

But not many people know that.

Data can also be skewed because theseencounters are underreported. Furthermore, many national databases tracking fatal encounters with law enforcementexclude Native Americans in racial and ethnic categories; consequently, Indigenous people can be misidentified, undercounted or labeled "unknown" or "other."

City manager: Police procedures being looked at in Great Falls but defunding not an option

As protestersdemandjustice for George Floyd, a Black man who died in police custody on May 25 in Minneapolis, many Native Americans in Montana are standing in solidarity with Black Americans. Floyd, 46, died after pleading for his life as a white police officer pressed his knee into his neck.The incidentsparked outrage, andprotestersflooded cities worldwide, including Great Falls, Helena, Bozeman, Missoula and Billings, calling for justiceandan end tosystemic racism.

With the spotlight on racism,many Native Americans, who also experienceoppression, discriminationand police brutality, want to be included ingrowing national conversations ofreform. But in many cases, violence against Native Americans is overlooked, andwhen an Indigenous person is killed by police, their families say they are met with criticism, judgment and racial stereotypes.

Native Americans aren't just overrepresented in incidents of police brutality.

Having survived government-imposed assimilation policies,massacres and other brutalities under colonization, many Indigenous communities endure multi-generational trauma,which manifests today ineconomic and social disparities.

When he was killed, everyone said, 'Oh, he's just another methhead.' But he's more than his addiction. He was a human.

The coronavirus pandemic has illuminated thisinequity, as it disproportionately ravages minority communities.

A May report from theAPM Research Labfoundthat the Indigenous COVID-19 mortality rateinNew Mexico, which contains portions of the Navajo Nation,is eight times higher than the white mortality rate.

American Indians are more likely than their white counterpartsto suffer from diabetes, obesity and high blood pressure butless likelyto have a personal doctor or health care provider. Additionally, Indigenous peoplehave a life expectancy of five-and-a-half years less than the U.S. population on average, according to the Indian Health Service.

Crystal Echo Hawk, founder and CEO of IllumiNative, an organization that works to increase the visibility of Native peoples, said these health disparities have been overlooked for years.

For decades, we have been fighting for the visibility of Native peoples. Now, this fight has become absolutely vital to ensuring that Native communities are not left behind or erased from the COVID-19 response," she said.

This information is out there and readily available. It's time non-Native people start paying attention.

Though Indigenous people account for 6.6% of Montana's population of about one million,they make up 17% of the adult incarcerated population in the state, and, on average, they account for 25% of the state's missing persons population.

American Indians are also more likely to be disciplined in schools and less likely to graduate.

New study: Native American youth most likely racial, ethnic group in US to be 'disconnected'

Ashley Haley, tobacco prevention specialist for the Little Shell Tribe and a Chippewa Cree tribal member, said forms of systemic racism impact Native Americans every day in Montana.

"We have experienced racism since the time of contact, and now it's reinforced through the justice and education systems," she said."So, from the time a child goes into the school system, they are taught a certain narrative, and that affects how they see themselves. This racism is everywhere, you hear it in the discourse, you see it online, and it'sespecially prevalent in towns that border reservations."

Joey Half (center) poses with his family in 2017.(Photo: Courtesy of Makalia Gutierrez)

Every so often, Makalia Gutierrez walks to her garage to holdher son'sold clothes.

She runs her hands over the shoes, pants, pullover and hathe wore on Nov. 4, 2017.Sometimes, she smells them.

Frank Joey Half Jr., who went by Joey, was killed by Billings police officers on that day in Novemberafter a standoff in a sporting goods store. He was 30 years old.

Police officers in Montana killed 40 people between 2013-2019, including Preston and Joey,according to http://www.mappingpoliceviolence.org.Of the 40 victims, 28were white, five were Native American and one was Latinx (a gender-neutral alternative to Latino or Latina). Six victims were categorized as "unknown." In this six-year span, Native Americans accounted for at least 12.5% of victims killed by police in Montana.

Makalia, 55, a member of the Crow Tribe,said Joeystruggled with addiction and had recently been released from a rehab center. He was high on methamphetamine during the standoff, and she wished his treatment program would have lasted longer.

Just as for the Horn family, Makaliasaid that when her son died, her family facedcriticism from the community.

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"He wasn't strong enough to be on his own yet," she said. "When he was killed, everyone said, 'Oh, he's just another meth-head.' But he's more than his addiction. He was a human, he was a brother, an uncle, and he was loved by everyone. We have a big family, and I want people to know that he wasn't alone."

When she's upset, Makalialikes to think back to the timewhen her son came over to fix her pipes.She remembers it was cold and rainy, and she doubted him. But Joeywas confident in his abilities.

Historically, Americans know little to nothing about Native communities. ... For many, we are out of sight, out of mind, so,we don't exist. But the issue is that this invisibility could be a matter of life anddeath.

"Mom, have faith in me," she remembers him teasing.

Joey fixed the pipes and took great pleasure in proving Makaliawrong.But he fell ill the next morning. Now, it was Makalia's turn to help him. She made her couch extra cozy, cooked soup and brewed tea. She loved taking care ofhim.

During the 10-hour standoff, Makaliasaid officers did not call her to say her son was in the store. Now, she is tormented by the memory, wondering if she could have made a difference.

"Maybe he would've come out alive," she thinks. "Or maybe I could've said goodbye."

Makalia said that her son waved a white shirt and held his hands in the air to signal surrender during the standoff.

At the inquest, officers reported that Joey kept a barrier between himself and officers at moments when his hands were in the air and had staged loaded guns in the store.The negotiator said that he never fully complied in droppinghis weapons, according to the Billings Gazette.

Ultimately, eight officers fired 116 shots at Joey.

Joey Half was killed by police in 2017. His mother, Makalia Gutierrez, fears their family will never see justice.(Photo: Courtesty of Makalia Gutierrez)

"Thecoroner told us that he didn't die right away. It makes me wonder, what was he thinking when he was lying there dying? Was he calling for me? Was he praying? Was he scared? Did he need me? Did he wish I was there?I wouldn't wish this on any parent," Makalia said.

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Just as in Preston's case, the inquest jury found the police justified in killing Joey.

"I didn't say a word at the inquest. I was so angry, and I knew if I said something, they would twist it around and make me look like just another 'angry Native,' so I kept my cool. But we have no justice," Makalia said.

Makalia said people have tried to help her cope withgrief, but she breaks down, sometimes crying in publicat the memory of her son.

"For me, there is no getting through this," she said."This will never go away, and I will never let him go."

Black Lives Matter protesters march from the Civic Center to the Missouri River Federal Courthouse on Friday, June 12, 2020.(Photo: RION SANDERS/GREAT FALLS TRIBUNE)

Though Native Americans are killed by police at disproportionately high rates, their deaths are not widely known.

Cheryl Horn said she thinksnon-Natives don't know about brutality against Native peoplebecause they "don't experience the sametrauma."

"They don't see our world," she said. "They don't know where we come from. I would love to know what it's like to be a common person who has never dealt with this trauma; I would love to know their advice for how we should handle this, but that's not my reality."

Natasha Stanfield LaForge, a member of the Crow Tribe and a mother to eight children, said that police treatNative Americans as if they are expendable.

"To them, we are unimportant andinsignificant," she said, adding that she worries for her three sons, one of whom has especially dark skin and is tall. "I've had conversations with himabout staying safe, especially after Preston was killed, but I'm still afraid all the time."

Stanfield LaForge said she's had a number of negative experiences with law enforcement,including being racially profiled and accused of crimes she didn't commit.

"It happens everywhere, all the time. But people don't know about this because we are ignored," Stanfield LaForge said.

Black Lives Matter protesters make their way across River Drive to the Central Avenue West Bridge on Friday, June 12, 2020.(Photo: RION SANDERS/GREAT FALLS TRIBUNE)

Crystal Echo Hawk said that when it comes to visibility, representation matters.

"Historically, Americans know little to nothing about Native communities," she said. "Schools don't teach about Natives, we aren't in media, television, film or entertainment. For many, we are out of sight, out of mind, so,we don't exist. But the issue is that this invisibility could be a matter of life anddeath."

JudithHeilman, executive director of the Montana Racial Equity Project,offered another reason as to why Native deaths are not widely discussed.

"It's because people aren't paying attention," she said. "This information is out there and readily available. It's time non-Native people start paying attention."

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The Montana Racial Equity Project has helped organize a number of Black Lives Matter protests in the state, and Heilman said the group is conscious about including Indigenous voices in the growing movement.

"So much of this nation's wealth has been built on the theft of Native lands and the enslavement of Black people," said Heilman,who is Black. "We have so much in common when it comes to oppression, racism and cultural and physical genocide, so it's great for us to be supportive of one another's efforts."

But some Native Americans are hesitant to speak up inthe Black Lives Matter movement, fearing their voices coulddistract from the message.

"I don't think this is a time for the Indigenous community to say, 'What about us?' It's no question that we are part of this conversation, but this is about the Black community. Supporting the Black community doesn't take away from our issues because they are parallel,"said Keila Bird, a member of the Blackfeet Nation.

Megan Whitford, Mckenzie Tommerup, and Jordan Jarman at the Black Lives Matter protest in Havre. Melody Bernard, a Chippewa Cree tribal member, organized the protest.(Photo: Courtesy of Melody Bernard)

Melody Bernard, a Chippewa Cree tribal member, organized a Black Lives Matter protest in Havre. A former law enforcement officer herself, Bernard said it's imperative that Native voices be amplified at a moment whenthe nation is listening.

"Now is everybody's time," she said."Every minority should get involved and be heard. Racism is everywhere, and we all suffer."

Alvin Windy Boy, 69, former Chippewa Cree Tribal chairman, said that it's rare for tribal leaders to have "a seat at the table" when it comes to discussions aboutrace and reform.

"Unfortunately, in Indian Country, we've neverhad the opportunity or ability to vent our concerns. I'm sure there will be a movement nationwide for racism in a broad sense, and I'd hope that tribal elders would be included in that," he said.

Systemic racism isn't the only form of discrimination Native Americans face.

Ashley Haley, who works for the Little Shell Tribe, said many Indigenous people encounter harmful stereotypes every day.

Black Lives Matter protesters march from the Civic Center to the Missouri River Federal Courthouse on Friday, June 12, 2020.(Photo: RION SANDERS/GREAT FALLS TRIBUNE)

"There is this type of thinking that Native Americans are poor, that we don't take care of our surroundings, that we have rampant drug and alcohol abuse, we live off the government and don't pay taxes," she said. "People think we are all like that. It's historic racism that's reinforced by multiple generations today."

Haley said that this racism is exposed whenpeople justify Native deaths.

"People will say, 'If he didn't do that, he wouldn't be shot.' I understand that. But it feels like the justice system as a whole wears kid gloves when it comes to dealing with white people, and they exert extra force on minorities. This is OK by the system, supervisors and judges because the public has deemed it acceptable," she said.

Haley said that when she buys coffee or groceries, she makes sure to go to the same stores, around the same time of day. She always addressesthe cashier by namewhen she pays, and she intentionally makes conversation.

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"I do this because if they know me and I know them, and if I use their name, then I'm validating that they are human, and they are forced to acknowledge that I'm human, too," she said.

Butlast week, when Haley went to the post office, a new employee was working. She didn't know his name. Aftera small mix-up involving her packages, she said the man publicly embarrassed her in front of a line of customers, accusing her of trying to steal from the government.

Black Lives Matter protesters rally along Central Avenue West in front of the Missouri River Federal Courthouse on Friday, June 12, 2020.(Photo: RION SANDERS/GREAT FALLS TRIBUNE)

"I felt so helpless," she said."It was so embarrassing. No matter how many degrees I have or how successful I am, someone can make me feel so less. It's those little things, those little acts of racism, that really make me jaded. We just want to be treated like we are human;we want to feel worthy, deserving of decency and respect."

Haley said sheplans to talk to a supervisorabout her experience, but she can't help but wonder if the encounter would have been different had she "just known the man's name."

"Maybe it would have helped," she said.

While Makalia Gutierrez and Cheryl Horn will never recover from Joey and Preston's deaths, both say the growing anti-racism movement gives them hope.

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'We have no justice:' Are Native Americans the forgotten victims of police brutality? - Great Falls Tribune