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Monthly Archives: July 2021
The American Conservative Does the Unthinkable and Defends the Unmarked Indigenous Graves as ‘Good, Actually’ | RELEVANT – RELEVANT Magazine
Posted: July 10, 2021 at 3:18 am
Over the last few weeks, at least three new major burial sites have been uncovered in Canada, a chilling reminder of the nations ugly history of torture and genocide of the indigenous population. Over a thousand unmarked graves, most of them belonging to children, were uncovered near old residential schools institutions which were run by the Catholic Church and funded by the Canadian government for the purpose of removing indigenous children from their communities and re-educating them to assimilate into white, Christian society. God alone knows how many children did not survive this endeavor, but the number is clearly higher than we knew.
The discoveries have prompted a fresh reckoning from both the Canadian government and the Church itself, with several Christian denominations taking the long overdue step of condemning the Doctrine of Discovery an old legal term that gave theological cover to colonialists who plundered indigenous communities under the guise of evangelism.
But not everyone is ready for such a reckoning. At the American Conservative, associate editor Declan Leary has written a frankly shocking piece defending the unmarked indigenous graves as good, actually. And thats just the subtitle.
The article argues that the systematic removal of indigenous children from their families so they could spend their brief lives suffering in residential schools was justified because, presumably, some of them also became Christians. In Learys mind, whatever human atrocities may have been committed along the way arent all that bad compared to the good missionary work being done.
Leary argues that the graves are not all that bad, calling it all a made-up story by arguing that lots of kids died in that time. We have always known that many children died in the residential schools, which were active through the 19th and 20th centuries, he writes. The idea appears to be that since its possible these children would have died anyway, the fact that they died in the manner they did, surrounded by strangers, far from their families, is not particularly notable. The question of why this absolves taking children from their homes is not one Leary makes any serious attempt to answer.
He then writes that theres nothing scandalous about mass graves either, writing that: The mass graves of public hysteria are, in fact, the ordered and intentional burial sites of people we always knew were dead, and who died of more or less natural causes.
Read that last sentence again slowly. More or less is the callously operative phrase, and its buried near the end.
But it gets worse, as Leary writes that this is not to discount the deaths of children altogether. Of course, it would have been better if each and every one of the First Nations tykes Christianized by the union of Church and state had lived a long and happy life. But he says the death of these tykes is not the Churchs fault, and the blame really belongs to the Canadian government for not adequately funding the residential schools.
The long and short of Learys argument up to this point is a fairly typical case of It didnt happen. And if it did happen, it wasnt that bad. And if it was bad, it wasnt the Churchs fault.
Its understandable for Christians to feel the urge to cast themselves as the heroes in any historical narrative, even when the facts dont lend themselves to such an enterprise. Nobody likes the idea that their community might be responsible for historic evils. This desire has led to a lot of ill-fated attempts to excuse historic injustices from sexual sin to slavery. In the United States, you see this sort of bargaining taking place all the time with regard to our Founding Fathers, who often get an absurdly generous benefit of the doubt about their own beliefs on slavery.
But covering for the mass deaths of indigenous children takes a special amount of willful moral blindness, and its a blindness Leary goes great lengths to maintain, up to and including this jaw-dropping paragraph near the end of his article.
Whatever natural good was present in the piety and community of the pagan past is an infinitesimal fraction of the grace rendered unto those pagans descendants who have been received into the Church of Christ. Whatever sacrifices were exacted in pursuit of that gracethe suffocation of a noble pagan culture; an increase in disease and bodily death due to government negligence; even the sundering of natural familiesis worth it.
This sort of calculation is so inhumane it calls into question the authors understanding of Christianity. The sacrifice of Jesus Christ should motivate us to recognize the infinite dignity of each person as specially and uniquely loved by God. To suggest that this remarkable truth in any way excuses or even diminishes kidnapping, plunder and genocide is to fail to understand why the message of Jesus is so important in the first place. The infinite love of God is not reflected in atrocity apologia. That sort of thing shouldnt need to be said. And yet.
Even if we accept Learys argument that its all worth it. That sacrifices had to be made to spread the Gospel and sometimes the Good News must involve a little family sundering, youd think he could admit that at least these children deserved the dignity of a marked grave.
But he cant do that, because that would allow for the possibility that Christians were not the heroes of the story. And once you start pulling at that thread, who knows what else will fall apart?
Tyler Huckabee is RELEVANT's senior editor. He lives in Nashville with his wife, dog and Twitter account.
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Barriers and solutions: How to improve diversity in metro Phoenix’s municipal workforce – The Arizona Republic
Posted: at 3:18 am
Reyes Medrano became one of the youngest city managers in the Phoenix area when he took the reins inTolleson in 2005, atage36.
He was and still is one of the few Latinocity managers in a Valley that is 31% Latino.
In Tolleson, just west of Phoenix, 86% of the city's roughly 7,200 residents are Latino.
His experienceand that of others led to the creation of the Tolleson Teen Council, which fostersthe community's young talent and introducesthem to city work.
"My goal is to cultivate future generations of leadership, including directors, so that if I were to get hit by a Mack truck tomorrow the council would have plenty of choices," Medrano said.
While promoting homegrown talent is a solid approach, that'splaying the long game. The Arizona Republicspoke with several human resources professionals and a diversity expert who suggestother solutions, includingrethinking recruitment andrevising job descriptions and requirements that could hold some back.
Whatever the strategies undertaken,Delia Saenz said it must be intentional.
It's not enough to say diversity is a priority;measurable goals must be set and detailed actions need to be outlined to meet those goals, said Saenz, a professor and chief diversity officer for Arizona State University's College of Liberal Arts and Sciences.
The Republic's examination of data on gender, racial and ethnic diversity in the municipal workforce in metro Phoenix's 12 largest cities shows gaps in representation when compared with the overall community, and overall low diversity in top leadership positions and gaps in key departments, including police and fire.
"The message that's being put out there is that employers are pushing for more diversity, but the data is in stark contrast to that," she said. "There's a difference between rhetoric and reality, and in reality, the actions that would lead to equity are not happening."
Saenz said cities should start by assessing their workforce and recognizing where there are problems. Cities should be transparentand publicly post demographic data of the community and the workforce so that people are aware of where disparities exist.
Tolleson, for example, noticed a gender gap in certain departments and in leadership, so city officials were intentional about recruiting and hiring women for those roles. Now, women make up about half the city's leadership team, there are more women in the Police Department and the city recently hired another female firefighter, Medrano said.
A similar process recently began in Phoenix. The city developed a program over the past year to review equity in its hiring and promotion,said Vielka Atherton, a city spokesperson.
Atherton said data shows the city generally attracts a diverse candidate pool and hires a representative number of employees in entry level and line supervisor positions.
There are greater disparities at the leadership level, she said.
In response, Phoenix is creating a strategy to increase diversity in leadership that will look at how the city recruits and hires for those positions, prioritizing leadership development and mentoring.
Andre Miller, a pastor and community activist in Mesa, said minority candidates can face an uphill climb when trying to enter the municipal workforce.
He knows this firsthand. He has applied for 36 jobs with Mesa over 10 years and only gotone interview despite having eight years of municipal work experience and serving in the U.S. Army, he said.
There's often a lack of understanding about opportunities in the public sector. Though government work is usually stable, pays well and comes with good benefits, it can seem out of reach for women and minority workers, especially because it was historically dominated by white male employees, Miller said.
Where cities recruit for jobs can limit reach.Casting a wide net means advertising jobsin a host of publications, including those geared toward minority audiences, Miller and human resources experts said.
Officials from Phoenix to Avondale also suggest recruitingfor candidates at diverse job fairs, such as those geared toward veterans, women or LGBTQ youth.
The job description itself can also turn away prospective candidates if it's not written inclusively, Saenz said. Some job ads may contain coded language,such as using words like "aggressive" or "dominant" in job ads for male-heavy fields or "empathetic" and "supportive" in women-dominated professions,or pronouns that may discourage people from applying.
Some jobs may require a degree, licenses or technical skills thatcan make them hard to fill. The candidates' education and employment history may disqualify them from a job, too, human resources professionals said.
When recruiting, cities should reevaluate job descriptions and requirements, which are often unnecessarily stringent at the government level and can edge out minority candidates, human resources experts said.
Phoenix's human resources staff, for example, reviews job postings for inclusivity and job criteria to ensure the ad doesn't disproportionately disqualify some candidates, such as a clerical job that may require a bachelor's degree when it's not needed for an entry-level position, Atherton said.
Criminal and background history may be a barrier for some. Avondale was one of the first cities to support the "ban the box"movement, and the city no longer asks candidates about their past criminal convictions during the initial screening process, which could disproportionatelyimpact minority candidates.
Once past those initial hurdles, candidates can run into other barriers, such as bias in the screening process.
A 2016 study of Asian and Black students seeking jobs and internships by professors at Harvard Business School, University of Toronto and Stanford University found that applicants who scrubbed their applications of information that would reveal their racial identity, such as changing their ethnic-sounding name to a more American-sounding name or removing references to certain professional organizations, were more than twice as likely to get an interview than those whodidn't, although they had the same qualifications.
Similarity bias gravitating to people who look similar may lead hiring managers or panels to hire candidates who look like them, Saenz and human resources experts said.
Even after women and minorities make it through the door, it can be hard to stay within an organization if the workplace culture does not support inclusion and equity, Saenz said.
Sometimes employees face disparate treatment, have no support system and find it hard to move up in the organization, she said.
Miller said while working for a Valley cityyears ago, a colleague made a discriminatory comment about his race in front of the staff and their supervisor. None of his peers spoke up and the employee was not reprimanded, which made him feel unsupported, he said. He quit later that week.
"The kind of work environment that cities foster can push minority employees out if they are not supported," he said.
Saenz suggested several ways to support diverse employees:
"There are many resources to understanding how racist practices affect the system and individuals. Bring in people from the community to help, or hire a consultant if you don't have the internal mechanisms to do so," Saenz said. "There is no excuse."
Monitor progress and hold employees tasked with diversifying the workforce accountable, Saenz said. Shesuggested tying performance reviews, promotions or even raises to efforts to diversify the workforce and highlighting leaders who are active on this front.
"We do it for so many actions if you get certain sales, complete a certain project. We could do the same thing with increasing employees from minority communities," she said.
But ultimately, city leaders have to be willing to make improvements, Saenz said.
For Tempe City Manager Andrew Ching that has meant talking to employees over the last year about the importance of diversity and what it adds to the workforce and community.
Cities shouldn't wait until a moment of social reckoning to have these conversations, government leaders should be proactive in addressing diversity and equity, he said.
"If you're not already thinking about those things, then you should probably be, because I think that that is exactly where the focus of our public is now and will continue to be for, I think, the foreseeable future," he said.
As a boy, Medranosaw his dad serve on the local school board and Tolleson City Council in the late 1970s.
Still, the man who today is Tolleson's top executive didn't immediately jump into government work.
Inspired by his dad's activism on issues like bilingual educationand his later work at the local community college, Medrano wanted to pursue a job in education.
He earned a degree in management and cycled through jobs with the county and an aerospace company while starting a family. Hit with the possibility ofa layoff, he got a part-time job at Estrella Mountain Community College, where he met then-Tolleson Mayor Adolfo Gamez. Gamez,who worked for the college,encouraged him to apply for a police dispatcher job with the city.
Medrano landed the job in 1992 and worked in the department five years while he finished his master's degree in education.
Thoughhe intended to return to the community college scene, he instead climbed up the city ranks. He moved to the City Manager's Office as a management assistantand two years later was promoted to assistant manager.
Medrano credits city leaders who mentored him and encouraged him to grow within the organization for his nearly 30-year career in Tolleson. But he knows the process can be made easier through programs like the Teen Council.
"I wanted to formalize the process that I went through, streamline the path toward public sector," he said.
Reachreporter Paulina Pineda at paulina.pineda@azcentral.com or 480-389-9637. Follow her on Twitter:@paulinapineda22.
Support local journalism.Subscribe to azcentral.com today.
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Marathon Kids, MommiNation challenge moms and kids to get moving in July – austin360
Posted: at 3:18 am
Austin-based Marathon Kids is teaming up with MommiNation, an online community led by Olympic gold medalist Sanya Richards-Ross and business woman Mykal Steen, to get more moms moving with their kids.
Marathon Kids celebrated its 25th year of motivating kids to start running last school year. It now encourages kids across the countryto run the equivalent of four marathons a year.
MommiNation, which also was founded in Austin and has national reach, is specifically a community for Black momsbut welcomes all mothers.
"Our community is really intentional about supporting Black moms while also being inclusive," says Richards-Ross. "If you want to learn about the Black experience Black moms are having a unique experience and need to be supportedin every way we love to expose our experiences with everyone."
MommiNation has been doing a twice-a-year, 30-day Fit Mommi Challenge. The next challenge launches July 5. This year will includea weekly "Walk and Talk" from Marathon Kids as part of the challenge.
Every Saturday morning, for four weeks, a different "Walk and Talk" will be offered. It will be live in the MommiNation app and on Instagram. Each week a different MommiNation mom will lead a conversation that parents can have with their children while they are walking or running. Some of the topics will include going back to school in the fall and being prepared for life after a pandemic.
Supporting young women: Girls Empowerment Network celebrates 25 years with new advocacy program for girls of color, lessons from pandemic
This is a great time to do a "Walk and Talk" with kids, says Cami Hawkins, the CEO of Marathon Kids. Kids can reclaim some of the social emotional learning they lost because of the pandemic, she says. "It's a natural way to do that in a fun environment," she says.
The pairing of Marathon Kids and MommiNationis a "perfect match for us to apply that message of getting kids active early and following the footsteps of the best role models,"Hawkins says.
"Anytime we can get the whole family involved, we love that," she says. She says shehopesthat MommiNation's moms will want to start Marathon Kids groups in their schools or clubs in their communities. "The more moms in our corner, the better we are," Hawkins says.
Like Marathon Kids, which inspires kids to run through a collective experience, MommiNation's 30-day fitness challenge is about creating acollective fitness experience online. Live activities happen three or four times a week. Women post their progress and encourage one another throughout the month. There will be awardsfor moms who lead the Fit Mommi Challenge.
Maternal health equity: What are we doing about Black maternal health outcome disparities? One Austin hospital shares its plan
Summertime is a great time for families to focus on fitness. People often talk about the summer slide in relation toacademic learning loss during the summer, but the same thing is true with fitness, Hawkins says. Kids are missing the physical activity they get at recess and through physical education classes.
Kids who become involved with Marathon Kids can be transformed, Hawkins says. "The most amazing thing about Marathon Kids is the sense of confidence it builds in them," Hawkins says. "They accomplished the goals they set out to accomplish."
For the moms who do the Fit Mommi Challenge, Richards-Ross says, it is "mind-blowing from where they startand where they finish."Yes, it's about the fitness, Richards-Ross says, but "they find their purpose again; they find themselves again. It is truly a beautiful experience."
To find out how to become a Marathon Kid, go tomarathonkids.org.
To join MommiNation and the Fit Mommi Challenge, go tomommination.com.
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Motlow: Span of Impact | Letters to the Editor | tullahomanews.com – Tullahoma News and Guardian
Posted: at 3:18 am
I hope this message finds you well, healthy, and smiling. Motlow States span of impact begins with so many different variables: eye-to-eye sightlines, smiles, handshakes, and connection. The last several weeks have provided reintegration to how we have continued to evolve as an institution. The most promising example, an internal one, was witnessed by approximately 90 participants with Dr. Kenny Yarbrough, Diversity, Equity, Inclusion, and Belonging (DEI&B) trainer and facilitator, who led us through two excellent sessions on Difficult Conversations and When Silence Speaks. We all have lived experiences, but through the DEI&B training, we had an opportunity to have shared experiences promoted by dialogue that allowed all who wished to contribute the space necessary to foster our walk together. I have communicated over the last three years the importance of talking about our college, colleagues, and communities. I see us bonded by so many positives that go beyond the services we provide. We are bonded together by linkages that are familial through our public and private actions. We are bonded by the facts of our imperfections. We are bonded by the grit we display when challenged. We are bonded by the truth and awareness of the whispers that may cast unlit reflections.
Can a dream be met when you do not dream? We are not only dreaming, we are designing and doing. Stay tuned and keep not only an eye out, but an intentional ear too. You will hear and feel the energy that embraces selflessness, service before self, and excellence in all we do tip-toeing all around us. As much as we want talent and ability, the right culture presents us with the only path to greatness. More simply put, culture matters and I thank you all for your spoken and unspoken agreements to embrace where Motlow stands today. Sometimes, in spite of it all, our ability to prosper evades shaky grounds. Our ability to teach each other provides the culture and landscape for us to teach and train others. My reflections have led me in many different ways this year and I realize that most of all I am a teacher-leader. All teachers want the best for all those with whom they engage. There is no malice in their approach and its never about a scheme/design, but about the skill that transcends place, space, time, and personage.
All in all, choose to be a resource and happiness EVERYDAY because the alternative, well
I appreciate each of you. Lets GO! #WeAreBetterTogether.
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Motlow: Span of Impact | Letters to the Editor | tullahomanews.com - Tullahoma News and Guardian
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Q+A With Paul and Emily Robinson of ConstructReach | Pro – Pro Builder
Posted: at 3:18 am
Paul and Ebony RobinsonConstructReach
Paul Robinson founded ConstructReach in 2018 to create events and a social network for educating young people, teachers, and parents about opportunities in construction. The St. Louis-based workforce development organization also helps employers become more proactive with recruitment by presenting career paths, developing curricula, and connecting with future interns and new employees.
Among its outreach efforts is I Built This, a collaboration with Target that includes events providing hands-on experience and tours of construction sites at the retailers remodels and new builds.
Paul Robinson and his wife, Ebony, who is ConstructReachs director of community relations and business development, talk about how their organization helps employers re-posture and show students that the construction industry needs them and could be a good employment fit.
Paul Robinson: One unique thing about ConstructReach is we understand the perspective that a lot of young people have about the industry. Sometimes its a limited perspective about the different career pathways one can take, but theres also often [a pre-existing] negative connotation about the construction industrythat it may not be for them.
I Built This takes their perspective into account and we use events to re-posture the industry. Its not just introducing young people to different career pathways but also connecting with them by understanding where theyre coming from and being able to relate to them and create an experience thats relevant for them. So ... they are not only learning about the industry at large but are participating in hands-on activities. It also introduces them to different career pathways within the industry that they probably didnt know about prior to coming [to the event]. We create a memorable experience for them.
Ebony Robinson: But were also consolidating efforts. Maybe those [general contractors] or home builder associations havent found the right niche. ConstructReach aims to be a facilitator. We can help you reach educators in our network and we have national efforts with organizations to help facilitate and make those opportunities available to counselors and instructors. We also work to let general contractors know when educators may not have all of the [required] information available to give to a student. We can do brown bags and host events on our social network after I Built This events to make sure those relationships are still thriving between general contractors and educators.
PR: I was a project manager for Target for about six or seven years and began to do more things in my community to be a tangible example and to [become involved with] more community development initiatives. When we started ConstructReach, it was pretty much a culmination of some of the efforts already taking place.
We created an event called I Built This at a live construction site that has become like our flagship event where we can re-posture the construction industry because we're introducing it in a different light. We're also working with industry partners to put on this event in a way that engages them and exposes them to different opportunities. But it also creates a professional context where networking can take place and people can share their journeys about how they got to where they are. Then, actually having actionable steps puts them in a position to identify what to do going forward after the event. So the event itself, and [the process of] creating the event, allows it to be a springboard for moving forward.
ER: A lot of times, when you think about that resource and that bridge of accessibilitynot just with the educator, but with the parent, as well as the studentit happens based on relationships. Ive been able to do that throughout my career; finding ways to create great opportunities for the next generation.
ER: Stay tuned because there's a lot in the works right now. Of course we want to be in our hometown of St. Louis. We want to look at the Southeast market. Once again, we had great success when we kicked off our national initiative into 2019, so we want to get reengaged. As you think about this hybrid of on-site event and virtual experience, were now getting ready to shift back to in-classroom learning. What we found in Chicago with the hybrid approach is that virtual content is a value-add because we can reach out to school districts that are far away from the event but still may be interested in those opportunities as well.
PR: Construction is one of the few industries that has so many different correlations to everyday life. We exist because of a need to address the under-representation of minorities within the construction industry, and when you think about where we are as a society, were seeing that we can no longer compartmentalize what happens in the workplace and what happens in our societies at large, and the construction industry is unique in that foundations matter. It matters what you build on. Thats just speaking from a construction standpoint, but that translates to life as well. Then, when you think about how construction takes place, where there are so many different partners, there are so many different subcontractorselectricians, plumbers, HVACthat play a role in the construction and completion of any space or facility.
You have all of these people who are gifted in different areas, and those areas play a key role in making a building. Everybody has something to offer. Nobody has everything, which keeps us in constant need of one another. So, we are designed for community. We are built to collaborate and work together, and construction has a lot of overlap into life in general. It's not about what we build, its how we build because construction takes place in plain view, in front of society and in the context of community. You see it happening all of the time, whether its a detour sign or a high- rise building going up. Its taking place right in front of you. So its talking to the industry [prospects] and letting them know that, hey, we have a key role to play because this isnt just an industry where you can have a successful career, its an industry thats also a huge economic indicator and is one that really should be leaning into the progress we need to make in terms of equity and diversity and representation.
Its about being intentional about how we build and making it a community effort. And its about bringing visibility to that because the industry is in need of younger, more diverse, fresh talent. We need to be more intentional and more thoughtful about how we engage the community and how we pull in other partners and collaborate as we build something. And that has the potential to not only transform a persons life but to transform families, and then communities thereafter.
PR: One reason we don't get a lot of pushback is because the I Built This eventand even our business modelis structured and informed. Before we even started, we did the research and we talked to the different stakeholdersto young people, to parents, to educators, and we talked to other workforce development organizations. All are key stakeholders that play a large role in the construction industry pipeline. We wanted to make sure we heard their pain points and heard it from their perspective, so we saw it through their lens. This indicated to us that theres a need for a facilitator and relationship builder within this industry.
So, were not just reaching out to schools to invite them to come out to an event. We are establishing relationships with them and asking them about how we can better serve them so we put them in a position to provide informed, up-to-date information to students and their parents as well. Thats where we began to get a lot of positive feedback because were [engaged] in ongoing dialogue and are establishing working relationships with those stakeholders; with educators who see themselves a lot of times as the gatekeepers.
You have these young people who are transitioning from adolescence to young adulthood. Its a time when there are a lot of key decisions they have to make, and theyre trying to figure out whats available to them based on their resources, their financial position, their grades, and on their location. Counselors and educators feel like theyre the gatekeepers, and its important for us to come alongside and [provide] resources for them and to hear what their needs are.
If they see us delivering on those needs and that were committed to playing the long gamenot just coming to simply get or fill a position with a body, but really interested in understanding things from their perspective so we can better service them so they can better serve their students and be better educators, then that's where we get the buy-in.
ER: To Paul's point about bias and resourcing, maybe theres an internship opportunity or work-based learning opportunities that one company can offer prior to that person graduating. Weve been intentional about working with schools, to have representatives from construction come in and have brown bag conversations, bringing the industry into those classrooms and then talking that up, so when that spring semester comes, those graduates are now informed, whether its collegiate, tech school, or coming right into an apprentice program, depending on where they are throughout the country.
PR: Some of those negative connotations are valid, while others are invalid, so we have to own some of those things. But one thing we try to be very intentional about is that if we're going to speak to educators, or if were doing a live Q & A session with a school or classroom, its making sure we understand who our audience is and how important it is for them to see themselves in a [particular] position. Because if you can see yourself there, then you think you have a shot, right? Being able to identify with individuals who can relate to students and who look like them and know where theyre coming from is huge as well. We don't want to undervalue that.
If were talking about the need for more representation and more diversity within the construction industry or how its white, male dominated, or lacks young people, then its important for us to showcase how the industry has been good for that particular demographic, which you may not really see. To say hey, this is for you; the industry needs you. You can come in and add value as well.
Its being able to understand those things and figure out how we get around these barriers and the negative connotations that exist. That comes through relationship building through hearing the perspectives of not only just the educators but the talent the industry needs.
Its being able to validate their voice, their perspective, their view, and allowing that dialogue and interaction to be both informing to the industry side, but also for the industry to educate on some of those things that are not valid. Because one thing a lot of people dont know is how much money you can make in construction and how you can establish a good living. That's one of the eye-opening, jaw-dropping expressions we get: when students learn how much you can earn in the construction industry, and of course, that's always one of the first questions young people ask us.
PR: The industry is not the way it is because of one thing, right? There are numerous reasons why the industry is the way that it is. We know you have union and non-union and we have to hear from both sides. Thats one part of the research we did on the front end, taking time to listen to all stakeholders. They have a perspective and a vantage point that they are looking at things through, and we wanted to validate that. We also want to talk collectively about how we can move forward. How do we get past working in these silos? Because if we continue to do things the way weve been doing them, then we cant go forth. We know that the construction industry is growing right now. Theres a labor shortage hovering over the industry, where you have a generation that is retiring, but were not backfilling those positions at the same rate.
So its important to cast vision and to recast vision. Were all a part of this industry. Even though we are in our different areas, different niches, or different associations, we still fall under the umbrella of the construction industry, and the industry as a whole needs to go forward.
So, how can we get people who want to move forward so all boats rise, to really build the traction we need and to make this work attractive and competitive for a younger demographic? Those are the conversations we constantly have with all of our industry partners. Union ... non-union ... Theyve all been great partners thus far, and we just have to keep casting that vision. When we have events like I Built This, were able to showcase the significance of us working together and provide a tangible example where we can say, Look at what we can do when we work together, and look at the benefit we have for communities and the young talent we need for this industry. That helps a lot when were able to draw everybody's attention back to a tangible example about us working together and how successful it is.
ER: To be honest, theres no better time to lean into diversity, equitability, and inclusion than now because the industry needs young, diverse talent. Weve seen a great response in our industry partners, and we can't wait to keep doing this together.
PR: We try to consult with the industry on being more forward-thinking to create an environment where young people want to staycreating an affinity not for just the industry, but for their company, which they have experience with. Part of that is bringing visibility to a career pathway and a career track. So, its like this job is entry level, but here is where you can go. This is how it dovetails into different things. Thats important for a young person coming in. They want to see not only what they can get today, but where the job will lead them tomorrow. One thing we do with companies as we create their formalized internship programswere very hands-on about their outreach efforts and creating their onboarding and the curriculum for their internship programs and for their new hiresis to rethink how they introduce jobs and what those jobs could potentially lead to because that helps attract more talent. Once young people can see a pathway, they are more open to the entry level.
ER: One person who comes to mind is Kanoshia, who came through one of the I Built This weekends.She was a single mother looking for a career change. Kanoshia went through the apprenticeship program, which one of our current clients and partners, ECI, was part of. She came onboard full time with ECI as an assistant project manager. Now shes getting ready to go deeper in academia within [her studies in] construction management.. To have a young, diverse talent like Kanoshia think about the construction industry as a career switch and then tap into her gifts and abilities to really thrive shows the impact we can make.
PR: When you think about I Built This, it has a two-fold objective for younger people. I built this is an empowering statement, and construction allows you to [feel that empowerment] every day. You can leave a construction site and see your progress. Thats something you can be proud of to say, Hey, I built this right. Something that's going to create a positive experience in my community. I was a part of doing that. So its empowering for those young people to be part of something like that, but they also get a chance to be a new model of success because we highlight them, we feature them, and we promote them. Its all about them. So now they get a chance to feel empowered, and they also get a chance to be a new model of success. Thats building advocates for the industry because now young people can relate to those who come from similar backgrounds and now that younger person who sees them being empowered can see themselves within the industry, so it has that ripple effect.
We had a recent high school graduate participate in the I Built This event. We empowered him. Hes 19 and was able to land a full-time position during the event to become an electrician, and now hes a new model of success for his younger siblings who are now interested in the construction industry, whereas they werent prior to [their brothers] experience.
We have a lot of different success stories were very proud to be a part of because you really get to see the transformation and the potential this has. Industry partners that are part of it are saying its been great amazing; that this is what it looks like to really take theory and put it into practice. Because, especially during this time now, you have a lot of public statements about moving the needle forward in terms of DEI [diversity, equity, inclusion], but really being a part of the I Built This event and other community outreach effort allows for them to see a very tangible expression of that goal. Thats exactly what our communities are looking for. And so its been very fulfilling to be part of this type of work, especially during a time like this because we need it.
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Q+A With Paul and Emily Robinson of ConstructReach | Pro - Pro Builder
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Report: When it comes to trees, St. Paul’s mostly covered – Minneapolis Star Tribune
Posted: at 3:18 am
Just as St. Paul is ramping up efforts in its multiyear struggle to combat emerald ash borer by removing ash trees across the city, a national report is pointing out disparities in leafy canopies among neighborhoods nationwide, including locally.
A new Tree Equity report by the nonprofit American Forests reveals tree cover disparities along race and class lines in many cities. The group gave St. Paul an equity score of 83, which indicates the city is performing well overall, but with some neighborhoods lacking suggested tree cover.
The biggest disparities are on private property, not on city boulevards and parks, according to city officials.
The importance of tree coverage has grown in recent years as concern for climate change and heat islands grows.
Tree cover has become a point of concern particularly in St. Paul, where the emerald ash borer was first found in Minnesota, in the St. Anthony Park neighborhood in 2009. Though many communities across the state have battled with the invasive species, it's been a particular blight in St. Paul.
The city partnered with the Port Authority in June for $18 million in bonds to fight the crisis. Forestry professionals hope to control the proliferation of the destructive beetle and get back to planting, not removing, trees.
A neighborhood with fewer trees is significantly hotter than a neighborhood with more trees. One tree can have the effect of 10 room-sized air conditioners, said Karen Zumach, director of community forestry at Tree Trust, a Twin Cities nonprofit that works to grow the urban forest and new jobs.
The national report, released last month, sets a goal of getting every neighborhood block group in a city to a score of 75 or higher, based on how tree canopy and surface temperature align with factors such as income, race, employment, age and health. In St. Paul, 42 of 249 block groups fell below 75.
Minneapolis scored slightly higher overall with a score of 86. Of the 378 block groups there, 49 fell below a score of 75.
The report estimates that 69,889 trees would need to be planted in St. Paul to get each block to an equity score of 75. Neighborhoods in St. Paul with higher populations of people of color or lower incomes have fewer trees and a lower equity score compared to neighborhoods with fewer residents of color or people in poverty.
Rachel Coyle, who manages the city's forestry work group within the parks department, said the city is aiming to plant a canopy cover citywide. The report doesn't account for the difference between public and private tree canopy, she noted.
"While we are responsible for the urban forest, we can really only plant on public properties. We can promote the planting of trees on private property, but we can't necessarily make that happen," Coyle said.
Canopy cover is pretty equitable in parks and along streets, she said: Every open site is planted regardless of neighborhood.
The department does outreach with specific neighborhoods to promote planting on private lands, she added.
Zumach, who also serves as the vice president of the Minnesota Shade Tree Advisory Committee, agreed there has been a significant effort in equity on public lands, with the biggest discrepancies on private property.
Neighborhoods with less tree canopy are often lower-income areas with more rental housing, where tenants have less power to plant a tree on a property that's not their own, Zumach said.
Property owners who do plant trees will see an increase in property value, in addition to the larger neighborhood benefits that trees provide, she said.
"We have that component, we have that reduced energy cost, we have the improvement in the air quality throughout the community, where those trees are planted," Zumach said.
Achieving equity is complicated by emerald ash borer infestation, as St. Paul and other cities lose trees and face devastation on private land, too, Zumach said.
"We're all losing trees pretty equally across the cities right now, because of emerald ash borer, which doesn't really care if you're in a high-income or a low-income area of the city," Zumach said. "That tree is more than likely going to die unless it's been treated."
Now, cities can be even more intentional and equitable about where replacement trees are planted.
"I think the tree equity score is a really useful tool to open the eyes of those who are making decisions on where money is spent in communities. We know that we can see where trees aren't," Zumach said. "Working with community groups and neighborhood groups, and those who are working really hard on the ground to help make that change, I think is really important."
Zo Jackson is a reporter covering St. Paul and its neighborhoods for the Star Tribune.
612-673-7112 Twitter: @zoemjack
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Report: When it comes to trees, St. Paul's mostly covered - Minneapolis Star Tribune
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Brand purpose: What the ad industry is missing – AdAge.com
Posted: at 3:18 am
But there is an overall lack of intentionality in our industry. Its not a singular symptom of any one thing but it is pervasive, wrapped up in our obsession with purpose. And its become increasingly important today when you look at how the ad industrys role in things such as sponsoring Pride paradeswhile inadvertently defunding queer journalism because it isnt brand-safe. Or tweeting that Black Lives Matter while communities of color are relegated to multicultural plans with shrinking budgetssomething Im proud GroupM is helping clients do differently with the Media Inclusion Initiative.
Brands and agencies need radical transformations to move beyond the myth that media buying is purely transactional and without consequence. For brands, that means creating an intentional mediastrategy. The concept is simple: Align your brand purpose and values to your investments. Its not entirely original; impact investing has become a billion-dollar, highly profitable venture for financial investors where companies such as iShares have environmental, socialand governanceexchange-traded funds made up of companies that advance society for the better.
While intentional media will mean something different for every brand, there are three key principles for how brands should apply this thinking.
First, it isnt just an expectation for brands to be contributing positively to society today; Mindshare global research shows that its a majority demand. Sixty-three percent of respondents say that they would rather buy from brands and companies with caring, ethicaland transparent practices, and 48% recently switched to buying environmentally friendly products. The business case is clear. Research from ABX showed that gender equality in ads has a big impact on driving sales.Research from eMarketer shows that LGBTQ+ folks are more likely than other groups to be loyal to brands that represent and include them. And Papa Johns lost 16% in revenue after its founder made racist remarks. Social profit is business profit.
Second, reconcile that creative messages can truly take you only so far, and that your behavior is just as important as what you say. Media has the economic power to manifest change with the third of a trillion dollars we transact every year. While creative can tell your story, ask how your brand story is coming to life and who is benefiting, or hurting, from an economic exchange. Brands such asSeventh Generation come to minditmakes big gestures in creative but acts intentionally by embedding clean energy goals into its business approach or buying ad spots around the State of the Union address to speak about climate change when our former president wouldnt.
Third, brands must resolve that today brand safety is not equal to human safety. While marketers go into brand safety with good intentions, technology and algorithms have inadvertently defunded journalism from some of the most at-risk communities. By categorizing entire identities as unsafe with little room for semantic nuance, some research calculates that$2.8 billion has been defunded from news outlets each year by brand safety tools. Understand what role human safety plays in the context of the impact of the content youre supportingor not supporting. Because as ad industry activist Nandini Jammi will tell you, theres no evidence that hard news from reputable sources is bad for your brand, especially when those sources are aligned to your purpose.
Intentional media means being both deliberately subjective and quantifiably objective about purpose and values. I personally disagree with everything My Pillow stands for, but its Intentional Media strategy very much should align with the more extreme channels in the world. Conversely, a brand that believes that trans rights are human rights, that Black lives matteror that climate change is real, should not spend with publishers and entities that disagree with those beliefs. Its just a bad business decision.
It would be nave to ignore the power brands and agencies hold. Advertising is, for better or worse, an intrinsic part of a democratic society, and the role we play in shaping society when narratives are shaped by the money we spend cant be ignored. Stop Hate For Profit and Sleeping Giants and every other consumer-led movement to call out advertisers role in the erosion for society are our canary in the coal mine. Intentional investment needs to be a normative practice in media.
Orwell would be keen to remind us that power means tearing human minds to pieces and putting them together in new shapes of your own choosing. Im not so jaded yet to believe that we cant use the power we hold to put the pieces of humanity back together in new shapes of our collective choosingthose faces and voices who win us awards and make us cry. Said less poetically, power means putting our money (our media) where our mouth (our message) is.
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The Chief Ingredient in My Familys Southern Macaroni and Cheese Recipe – Eater
Posted: at 3:18 am
In 2015, I left my hometown of Birmingham, Alabama, to jumpstart my career, wring life of its meaning, and experience what the world had to offer outside of the Deep South. The most notable difference, excluding accents and geographically rooted slang, was the cuisine. While living in Boston, I grew to love dining on fresh catches of the day, followed by bread bowls overflowing with clam chowder, and my life-changing first encounter with broccolini. And then there were things I couldnt fathom, like breadcrumbs on macaroni and cheese.
Macaroni and cheese, as I knew it growing up in the South, is a magical dish usually consisting of medium-sized elbow noodles that are married with fresh seasonings, milk, and grated cheeses. What emerges from the oven after a few hours of preparation is a thick, almost custard-like meal that oozes comfort. But Southern Macaroni and Cheese as it appears on menus outside the South looks nothing like what I had grown up preparing with my family. Disappointed with the hastily made rendition in front of me, Id end up critiquing everything, from the thick cavatappi noodles, to the watered-down cheddar sauce, to the haphazard topping of bread crumbs, or if bacon had been randomly scattered throughout the dish. I hadnt considered that, upon leaving home, Id often encounter knockoffs of the Southern experience across the East Coast a blatant misrepresentation of my culture.
The history of macaroni and cheese in America is pretty complicated and has been heavily disputed. It is believed that Thomas Jefferson, who likely encountered the Italian-originating dish during his travels to France, popularized it in the United States by serving it to his wealthy guests. Of course, that narrative erases the man who may have tweaked the recipe and prepared the dish: enslaved chef James Hemings, who was classically trained in France, and deserves credit for the macaroni and cheese that many enjoy today. James Lewis Kraft would later dilute this recipe with a patent to emulsify and process cheese, birthing what we know as Kraft macaroni and cheese. According to Smithsonian Magazine, Kraft Foods introduced its boxed macaroni in 1937, when America was in the throes of the Great Depression. World War II rationing systems would further popularize the blue box, turning mac and cheese, for many, into a cheap subsistence meal.
One thing that separates Southern versions of macaroni and cheese from others is the concept of intentionality. No matter where youre from, my familys recipe might appear fairly similar to yours but what differentiates the final product is the purpose of our approach. To make our mac and cheese was an all-hands-on-deck process and involved first isolating ingredients, utensils, and kitchenware. Some of us were in charge of handing off ingredients; another might stir the concoction (the most coveted role); another might be in charge of seasoning, and so on and so forth.
Our macaroni and cheese involves small- to medium-sized elbow pasta (nothing larger) and carefully seasoned milk, spices like black pepper, ground yellow mustard, paprika, and salt, heated together in a pot. While the milk warms, someone begins grating blocks of cheeses (everything from Gouda, cheddar, colby jack, Monterey jack, pepper jack), bits from each block falling into assorted heaps. In another small pan, a dollop or slice of butter is melted and flour whisked in, swiftly, forming a roux. As kids, if we were old enough, one of us would take the warmed milk and slowly add it to the roux, mixing constantly until combined seamlessly. More butter is introduced along with some of the grated cheeses; the rest is folded in, slowly, with a long wooden or plastic spoon. An egg is then tempered using the sauce; eggs make terrific binders and are incorporated to hold the macaroni and cheese together.
Once the pasta is somewhere between al dente and soft, a member of our kitchen crew passes a large casserole dish to our head chef, who lines the bottom of the dish with it. One of us excitedly begins pouring the cheesy roux, making sure it covers this first layer of pasta. Another one of us, or whoever is closest, takes whats left of the grated cheeses and crumbles them over the pasta and roux. Wed all repeat this step until there was no more room in the dish; the last layer is always grated cheese. The head chef places the dish in the oven for about 20 to 25 minutes at 350 degrees, until golden-brown on the top.
The Southern macaroni and cheese I know involves an almost-sacred dance between chef and ingredient; we bring munificence to the preparation. That preparation was born out of our need to survive, to outlast the spaces we were forced to live in and small harvests that left our pantries bare. My intent when I make mac and cheese is inseparable from the barely legible and hastily scribed generational rituals that were passed down to me. Those rituals blend a painful past with a future that I and others can now savor more freely. As simple as it seems, my familys macaroni and cheese recipe deepens my connection to a history I can only imagine and relive in books and monuments planted in an earth that wasnt always as forgiving as the future. In being intentional with each ingredient, with our cooking and preparation, I/we are honoring our Southern heritage, as well as those who came before us.
In the South, we heal, forge community; I grew up learning to tell stories through my familys recipes. Southern food is a living record of the people, places, and cultures that have contributed to the evolving landscape of our unique little corner of the world, writes Angela Garrison Zontek in Due South. Too complex and varied to ever achieve a conclusive origin story, the history of Southern food is best examined by considering its major influences the integration of cultures, natural bounty, and love for the community. Cooking meals isnt just for the sake of cooking, its also for the preservation of culture. This is evident across the South, especially in Black and Indigenous communities, and has been a notable trend across centuries in movements like the Harlem Renaissance, the Black Arts Movement, the National Black Food & Justice Alliance, and many others like them.
Having lived in Boston; Manchester, New Hampshire; Takoma Park, Maryland; Washington, D.C.; and now Chicago, since departing my hometown, Ive noticed a great deal of misrepresentation and exploitation of the South and its culture. This is to be expected, as the South has a dark past. Many still refuse to unpack the complicated history of the region, once a Confederate sanctuary and harbor for slavery, and instead trudge ahead through its more redeeming qualities, like cuisine. Instead of honoring the Souths heritage, the region is stripped for parts by outsiders and presented as a commodity elsewhere. In an interview with NPR, John T. Edge, author of The Potlikker Papers: A Food History of the Modern South, reflects on how popularizing foods from specific regions can ruin the integrity, culture, and even the intention behind a food: If were going to canonize fried chicken in the roster of great American dishes, we also canonize [Georgia] Gilmore, a great fried chicken cook from Montgomery, Alabama, who leveraged the talents of the stove to drive change in our region.
But one thing that isnt complicated is that at its core, Southern food is an intentional art form, much like the oral traditions of our ancestors, much like the sweet and savory recipes that continue to be passed down from generation to generation. This is not to say that we cannot change what was written, reimagine our history to rewrite the future; instead, it means we remain fervent in our practice; in protecting the core of our essence, even if it means questioning those who only see our breadth in the form of cheap noodles, powdered cheese, and water.
NaBeela Washington is an Alabama-raised editor, poet, and budding art collector. Chelsea Akpan is a freelance cartoonist who brings bold colors and exaggerative shapes together to create distinct and playful work.
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Human Rights Watch Responds: Reflections on Apartheid and Persecution in International Law – Human Rights Watch
Posted: at 3:18 am
We appreciate the rich discussion triggered by this weeks EJIL Talk! symposium, which has addressed a number of legal issues arising from our report A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution. The report has received significant media attention and sparked many useful conversations since its release in late April. But this forum offers the first opportunity for us to contribute to a substantive discussion focusing primarily on the implications of our report for the broader international legal discourse.
The contributions over the past week drew attention to several key themes, which we address here. We look forward to a robust exchange on these and other issues in the days and months to come, including:
Before diving in, a word about the Human Rights Watch mandate, since a number of the issues raised by contributors relate to our methodology and how we conduct research and advocacy.
Human Rights Watch works in nearly 100 countries. Our work involves documenting facts and applying the law to expose abuses and press for change, including in situations in which state officials are credibly implicated in serious international crimes. Our mandate is grounded in international law, mainly international human rights law, international humanitarian law and international refugee law, as well as international criminal law.
Our detailed review of the facts on the ground led us to determine, for example, in 2020, that the authorities in Myanmar were committing the crimes against humanity of apartheid and persecution, among others, against ethnic Rohingya in Rakhine State. And we found in April 2021 that Chinese government officials are committing crimes against humanity, including the crime of persecution, against Uyghurs and other Turkic Muslims in Xinjiang. This same approach underpinned our work on Israeli officials responsibility for the crimes against humanity of apartheid and persecution.
Human Rights Watch based its findings on the definition of the crime against humanity of apartheid in international criminal law.
Two international treaties, the Convention on the Suppression and Punishment of the Crime of Apartheid (Apartheid Convention) and the Rome Statute of the International Criminal Court (Rome Statute), identify apartheid as a crime against humanity. The Apartheid Convention defines the crime against humanity of apartheid in Article II as inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them. The Rome Statute defines apartheid in Article 7, paragraph 2(h) as: inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.
The State of Palestine acceded to these treaties in 2014 and 2015, respectively, and accepted (by way of declaration under article 12(3) of the Rome Statute) the ICCs jurisdiction as of 13 June 2014. In February 2021, the ICCs Pre-Trial Chamber I confirmed the courts jurisdiction over war crimes and crimes against humanity committed in the Occupied Palestinian Territory. (OPT). The State of Palestines accession to both the Apartheid Convention and Rome Statute not only gives a legal basis in treaty to the application of the relevant crimes on the territory but also provides legal remedies in the form of possible prosecutions at an international court, in light of the ongoing investigation by the prosecutor of the ICC.
Human Rights Watch found that the definitions of the crime of apartheid under both the Apartheid Convention and the Rome Statute were met in the context of Israeli officials actions. While there are differences between the definitions as we set out in our report, they largely overlap. To both explain the crime in terms understandable to the general public and organize the analysis, we distilled the crime of apartheid into three primary elements: (1) an intent to dominate by one racial group over another; (2) systematic oppression by the dominant group over the marginalized group; and (3) inhumane acts. Joshua Kern challenges this summary as a Human Rights Watch definition, but our findings apply to and are based on both treaty definitions.
An alternative source to treaties in international law is custom. Israel has ratified neither the Rome Statute nor the Apartheid Convention. Kerns analysis challenges the status under customary international law of the crime of apartheid.
While there is indeed debate on the customary status of the crime against humanity of apartheid, the prohibition against apartheid under public international law and international human rights law has reached customary status. Moreover, the International Law Commission (ILC) recognized the prohibition of apartheid, like the prohibition of racial discrimination, as a peremptory norm of public international law. Additionally, as Kern himself notes, the near universal ratification of the ICERD leaves the prohibition beyond doubt in international human rights law.
However, the term apartheid in ICERD has not yet been clearly defined. The Committee on the Elimination of Racial Discrimination (CERD) recently confirmed the admissibility of an inter-state communication by the State of Palestine against Israel. Palestines original 2018 complaint includes, among other claims, alleged violations of article 3 of the ICERD, which covers racial discrimination and apartheid. Soon, an ad hoc Conciliation Commission will review the merits of its claims, including Israeli state responsibility for internationally wrongful acts under the convention. This may be an opportunity to define the meaning of apartheid under ICERD.
But reverting to customary international law was not necessary in the Human Rights Watch report, where we used apartheid under its definition in international criminal law set out in treaties ratified by the State of Palestine.
Carola Lingaas focuses her intervention on the definition of racial group. She agrees with Human Rights Watch that a broader definition of race not limited to genetics or skin color should inform our approach to the definition of racial group, and that the evolving definition of national, ethnic, racial or religious group in the jurisprudence of the crime of genocide, is relevant to the crime against humanity of apartheid. Kern, however, alleges that the Human Rights Watch reasoning diverges from the approach adopted by the ad hoc international criminal tribunals. In fact, we recognized that these tribunals have evaluated group identity based on the context and construction by local actors, as opposed to narrower approaches focused on hereditary physical traits. The International Criminal Tribunal for the former Yugoslavia, for example, held in Jelisic that defining a racial group today using objective and scientifically irreproachable criteria would be a perilous exercise.
Lingaas concludes that since the characteristics that distinguish Palestinians from Jewish Israelis are defined and determined by the aggressors themselves the racial group element of the crime against humanity of apartheid is likely fulfilled.
However, she disagrees that international human rights law (and in particular ICERD) should be used to interpret the definition of an international crime.
We believe that, especially given the lack of case law around the crime of apartheid, the experience and commentary of the CERD serve as a valuable resource on the understanding of race and racial discrimination, which will inform the definition of racial group. In its latest review of Israels record in December 2019, the Committee found conditions that raise[] issues under article 3 of the ICERD, which covers both racial segregation and apartheid, and called on the authorities to eradicate all forms of segregation between Jewish and non-Jewish communities and any such policies or practices which severely and disproportionately affect the Palestinian population in Israel proper and in the Occupied Palestinian Territory. Since the CERD has done the most work on the current international legal understanding of racial discrimination, a concept at the heart of the crimes of both apartheid and persecution, its approach offers valuable guidance to prosecutors and criminal courts, who will of course interpret and apply the law according to the principles of international criminal law, including nullum crimen sine lege.
Kontorovichs article reiterates a mistaken criticism that Human Rights Watch effectively labels Israel an apartheid state. We do not use the term apartheid state with respect to either Israel or Myanmar because it does not have a meaning under international law. International crimes, including apartheid, are committed by individuals who should be held accountable. Under the Rome Statute, apartheid, like all crimes against humanity, is a crime of state policy since it requires multiple commission of acts () against any civilian population, pursuant to or in furtherance of a State or organizational policy (article 7, paragraph 2a). But the term apartheid state has no meaning in international criminal law, nor would the term genocide state or torture state for example. The report sets out to assess whether specific policies and practices carried out by state officials amount to specific crimes against humanity apartheid and persecution not to render judgment on the character of an entire state.
This symposium does not address the other key Human Rights Watch finding in A Threshold Crossed, that Israeli officials are committing the crime against humanity of persecution. Persecution is a distinct crime against humanity, dating back at least to the 1940s and set out in the Rome Statute, where it is defined as the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity. It is closely related to the crime of apartheid, and it is important for legal discussions to consider both crimes.
Kern and Kontorovich each suggest that the contemporary legal definition of the crime of apartheid requires a detailed comparison with 1970s South Africa. But such a reading would be mistaken. References to apartheid as a global, universal crime against humanity date back to the 1960s. Both writers base their claims on the 1973 Apartheid Convention and in particular on its statement in article II that the crime shall include similar policies and practices of racial segregation and discrimination as practiced in Southern Africa so including Namibia, Zimbabwe and Portuguese-ruled Angola and Mozambique. However, the Apartheid Convention makes clear in article II that it shall apply to a long list of specific policies and practices. Human Rights Watch based its analysis on that codified list, rather than on historical comparisons. And, crucially, the 1998 Rome Statute, drafted after the end of apartheid in South Africa, defines apartheid as a distinct crime against humanity and removed any reference to Southern Africa from its definition.
All international crimes have their own origins; many in treaties drafted with specific historical situations in mind. But interpreting and applying these crimes and their definitions does not and cannot require a direct comparison with a historical situation. The crime against humanity of apartheid does have its historic roots in the events of Southern Africa decades ago, but courts today, in interpreting it, would primarily rely on the language in the definitions themselves. Requiring a detailed historical comparison would make the term a historical relic and the crime impossible to prosecute, undermining the purpose of its very inclusion in the Rome Statute.
Kontorovich raises a range of differences between South Africa in the 1970s and Israel and Palestine today, including the role of Palestinian authorities in the OPT. While the Palestinian Authority and Hamas each exercise local government functions in parts of the OPT, the Israeli government exercises effective and primary control as the report documents. Apartheid is a crime in which one group of people dominates another, irrespective of whether the dominating group has formal sovereignty in these areas. Irrespective of who bears responsibility for breakthroughs or impasses in negotiations, Israeli authorities are responsible for protecting the rights of Palestinians living in areas where the Israeli authorities exercise control.
Kern also argues that the element of oppression in the definition of apartheid should be informed by a concept of reasonableness that would justify treating groups differently.
It is correct that in considering when differential treatment amounts to discrimination, context and justification should be considered. But reasonableness should rarely, if ever, be a defense that negates or excuses crimes against humanity, particularly those of apartheid and persecution on the grounds of race. The prohibition against racial discrimination is one of the strongest in international law, and acts amounting to its most extreme form should not be considered acceptable or excusable due to considerations of policy. The European Court of Human Rights ruled in its landmark 2009 case, Sejdic and Finci, that the constitution of Bosnia-Hercegovina, which was the result of a treaty to end a civil war, violated international human rights law because its power-sharing agreements amounted to unjustifiable discrimination against Jews and Roma, even in the context of a peace settlement.
Israeli authorities face legitimate security challenges in Israel and the OPT. However, restrictions that do not seek to balance human rights such as freedom of movement against legitimate security concerns by, for example, conducting individualized security assessments rather than barring the entire population of Gaza from leaving with only rare exceptions, go far beyond what international law permits. But even where security forms part of the motivation behind a particular policy, that does not give Israel permission to violate human rights en masse.
Some policies, such as the Citizenship and Entry into Israel Law and freezing the OPT Population Registry, use security as a pretext primarily to advance demographic objectives. And many abuses, including categorical denials of building permits, mass residency revocations or restrictions, and large-scale land confiscations, have no legitimate security justifications. Legitimate security concerns can be present among the motives for policies that amount to apartheid, just as they can be present in the motives behind a policy that sanctions torture or the use of excessive force
Noura Erakat situates the Human Rights Watch report in the larger context of years of scholarship, much of it by Palestinians, on the apartheid issue. Erakat suggests that we determined that Israeli authorities began committing the crime of apartheid only recently. We make no determination about what crimes were committed in the past or when the threshold was crossed. This report just like all our other research around the world applies the facts as we researched them to the relevant international law at the time of publication. The report documents many abuses that are long-standing.
Recent legal and factual changes were nonetheless critical to our findings. Legally, the ratification by the State of Palestine of the two treaties was a critical step. We scrutinized statements and actions by Israeli authorities in recent years, including the continuing expansion of Israeli-only settlements in the West Bank; the passage of the Jewish Nation-State Law; and declarations of intent by a wide array of Israeli politicians to formally annex additional parts of the West Bank, which would maintain the domination of Jewish Israelis over Palestinians for the foreseeable future if not permanently.
Rania Muhareb also raises important questions regarding the geographic scope of our findings. Our report evaluated Israeli rule across areas where Israel exercises control and we found apartheid and persecution based on an overarching Israeli government policy to maintain the domination by Jewish Israelis over Palestinians and grave abuses committed against Palestinians living in the OPT, including East Jerusalem. We found the three elements of the crime of apartheid all come together in the OPT, pursuant to a single Israeli government policy. That policy is to maintain the domination of Jewish Israelis over Palestinians from the Jordan River to the Mediterranean Sea. In the OPT, that intent has been coupled with systematic oppression and inhumane acts committed against Palestinians living there.
As part of that analysis, Human Rights Watch evaluated the discriminatory treatment of Palestinian citizens of Israel and laws and policies that prevent Palestinians who fled or were forced to flee their homes, and their descendants, from returning to their homes in Israel and the OPT, while allowing Jewish citizens of other countries who have never been to Israel to move there or to West Bank settlements and automatically gain citizenship. These policies and practices reflect the intent to dominate, one of the elements of the crime.
Our findings, in particular the focus on systematic oppression and inhumane acts in the OPT, do not rule out other analyses that might evaluate other Israeli policies or practices or take a broader or narrower approach to where abuses meet the legal threshold for the crime. Nor should our analysis be juxtaposed with those who use the term apartheid as a comparative or descriptive, rather than a legal term. Indeed, other groups, evaluating these issues independently and separately in line with their mandates and expertise have reached conclusions that do differ from Human Rights Watch on some points.
Whether the findings of our report result in lasting change for victims of these abuses is ultimately the most important test of our analysis. Erakat argues in her piece that while findings like those in our report may draw the attention of the academy or external observers, it is the situation on the ground and the potency of the Palestinian narration of their own situation that will ultimately compel a paradigmatic shift. Erakat identifies a structural constraint of the Human Rights Watch mandate, which is focused on impartially applying the facts to the law, and does not address concepts that are not based in international law, including settler-colonialism or Zionism as an ideology. While the report builds on earlier foundational work, its exclusive focus on the facts we have documented and the applicable law distinguishes it and will contribute, we hope, to the growing recognition that these crimes have been committed and that the individuals responsible should be held accountable.
Muhareb also highlights the importance of ending the tendency of the international community to focus on dynamics in specific geographic areas fragmentation and overlook the reality of discriminatory Israeli rule over all Palestinians. Human Rights Watch is heartened that the new standing commission of inquiry created by the UN Human Rights Council, in seeking to address root causes of violations, plans to look at all of the OPT and Israel rather than restricting itself to a particular sub-region.
Conclusion
The discussion demonstrates the importance of considering the term apartheid under international criminal law as a specific crime against humanity, together with the closely related crime against humanity of persecution. This requires a legal understanding of its definition and constitutive elements, as well as of ways to apply it. To even begin the process of criminal justice, prosecutors and in particular those at the ICC will first need to understand and investigate these crimes. Legal discussions like this symposium can, we hope, help advance this objective. These are crimes against humanity that have been neglected for too long.
Clive Baldwin is Senior Legal Advisor at Human Rights Watch
milie Max is an independent consultant to Human Rights Watch. She also works as a researcher at the Geneva Academy of International Humanitarian Law and Human Rights and as an expert legal advisor to Diakonia's International Humanitarian Law Centre
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To help prevent suicide, Kansas youths created these messages of love and reassurance – Kansas Reflector
Posted: at 3:18 am
The Kansas Reflector welcomes opinion pieces from writers who share our goal of widening the conversation about how public policies affect the day-to-day lives of people throughout our state. Steve Devore is president and CEO of Kansas Suicide Prevention HQ.
Creativity is one key to building resilience for many youths, and artistic expression helps us to convey feelings and emotions that words fail to capture. Art can provide us with so many protective factors like creativity, connection, and messages that normalize seeking help from others when we feel overwhelmed.
As my team at Kansas Suicide Prevention HQ looks back at the wonderful success of the 2021 Youth Art Contest, we are overwhelmed by the love, support, and care that these students embedded into their works of art. These incredibly talented artists from all of Kansas continue to remind us that, though everyone falls at some point, there will always be someone there to lift us back up.
Organized in conjunction with the Kansas Department of Health and Environment and the Kansas Department for Aging and Disability Services, the 2021 Youth Art Contest was created with the intention of providing Kansas students a platform to showcase their messages, thoughts, and inspirations that help them stay healthy and find support when they need it the most.
We were thrilled to receive 29 submissions from 22 different schools (to view submissions, visit the online gallery). These pieces are incredibly impactful because they often display the type of encouragement that students would wish to receive when they are faced with feelings of despair. This contest opened our organizations eyes to even more ways we can reach out into our Kansas communities and offer support that resonates with students and their feelings.
Experience tells us that what students and young adults say and how they experience the world is so much more impactful than the opinions from those who are older; their viewpoint is curious, raw and honest.
This year, we were thrilled to receive artistic pieces that spanned across many different mediums. In addition to the fantastic drawings, sketches and paintings, we had a significant number of video and digital submissions.
The use of video allowed students to highlight their struggles in a moving and dynamic format. For instance, one of the many videos that left a lasting impact featured a young student staring blankly at the camera. A voice from off screen continually asks this student the same question: How are you? The student continues to say Good repeatedly, despite his face and body displaying the exact opposite feeling. This perspective enables all of us to adopt a different point of view and realize that many of our daily interactions are only surface-level.
Videos like this one remind us all to be intentional when we check in on friends and loved ones. Often, it can be difficult for those who are younger to tell others that they are not feeling OK.
These submissions also highlight the power of the cultural connections of youth. Ones culture can serve as an excellent protective force from thoughts of suicide or hopelessness. This contest was filled with submissions from people of diverse backgrounds, experiences and identities. A students culture can help to empower them when they are feeling low and extend compassion and care to those who are struggling around them.
Our hope is that the contest this year made more youth and parents aware of their local resources and the availability of the National Suicide Prevention Lifeline (800-273-8255). People of all ages can call at any time with any concern, not just suicide. Our caring volunteer counselors are always available to listen and connect.
As we look ahead towards future art contests, we are filled with inspiration and excitement. We hope for the next Youth Art Contest to be even bigger than the last, with more submissions from all over the state of Kansas. Our goal is for each community in Kansas to be represented in this showcase and learn all about the various mental health resources available in their state.
Additionally, we will continue to promote free and accessible programs for Kansas youth to produce more digital art in their own styles. When students are encouraged to create messages that are meaningful to them, we can see the struggles, triumphs and perspectives of those who will become the next generation of Kansans.
Thank you to all the families who helped to make this years art contest such a success. We are so amazed with the turnout this year, and we hope that the wonderful art pieces encourage even more students to take part in future events.
Through its opinion section, the Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary,here.
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