Tuesday, August 27, 2024

The global gag rule and women’s abortion rights



Tuesday 27 August 2024, by Liz Lawrence

Liz Lawrence looks at the importance of birth control for women’s liberation, the history of the global gag rule on healthcare funding for NGOs (non-governmental organizations) which provide abortion services, and the health impact of the global gag rule.

In the context of the forthcoming US Presidential election, in which Republican and Democratic parties take very different positions on abortion rights and in which the Democratic presidential contestant, Kamala Harris, is taking a clear pro-choice stance.

Why birth control is essential for women’s liberation

Decades of feminist campaigning in many countries have led to a widespread understanding among feminists, socialists and labour movement activists that access to birth control is essential for women’s liberation. Many trade unions now have pro-choice policies. Debates around access to birth control, both contraception and abortion, often contain debates about the position of women in society. For conservatives who seek to restrict reproductive rights women should primarily be wives and mothers, living in a traditional patriarchal family, with other activities, such as education, employment and participation in public life, secondary to the maternal role.

Supporters of women’s equality understand that equal participation in the public sphere, and for women living our lives as full human beings, involves the right for women to choose if, and when, to become mothers. A human being cannot participate equally in education, employment, politics or any other sphere, if life might be disrupted at any moment by unplanned pregnancy, and if their participation in the public sphere is always subject to the assumption that they might leave any position they occupy at any moment on account of pregnancy and motherhood. This stigma of potential maternity was used for generations to deny women equal opportunities in the workplace.

There are questions of bodily autonomy and access to health care involved. For the anti-abortionists the woman’s body is the property of anyone other than the woman, whether it be her parents, husband or the state. Birth control is healthcare. Without access to birth control many women suffer health damage and risk to life from repeated pregnancies and childbirth.

What is the global gag rule?

The global gag rule is a United States Government ban on foreign NGOs which provide abortion services (including abortion advice) from receiving any US Government funding. It is also known as the Mexico City policy, because this was the venue where it was announced by the US Government at the United Nations International Conference on Population and Development.

This ban also affects NGOs which advocate for abortion law reform such as the decriminalisation of abortion. Even if any abortion-related activities are funded by the NGO from other sources, it still loses all US Government funding. The global gag rule originally ended $600 million in money for family planning services. International Planned Parenthood lost 20% of its funding. Thus, healthcare organisations were faced with a choice of either losing funding or restricting the services they provided.

The global gag rule was first introduced in 1985 by President Ronald Reagan. Since then, each successive US administration has decided either to maintain or lift the gag. This has made funding for abortion-related healthcare services a party-political issue in the USA and a matter of increasingly sharp political division. In some countries such matters can be seen as healthcare issues where there is a bipartisan or multi-party consensus, which is based on respect for the right of women to choose and on medical and scientific evidence. In the USA a change of President can almost immediately mean either the lifting or the re-imposition of the global gag rule, with Democratic Presidents Clinton, Obama and Biden all lifting the gag.

In January 2017 President Trump expanded the global gag rule to cover more health areas. It had originally applied to NGOs in the family planning field, but it was extended to all international healthcare assistance and affected nearly $9 billion in healthcare funding. It thus affected areas like HIV education.

The global gag rule restricted the ability of healthcare workers to counsel clients properly and offer a full range of options or to campaign on healthcare issues. It had a chilling effect on health education and advocacy, similar to section 28 or other attempts by governments to limit sex education and advice by sexual health services. It can thus also be seen as a freedom of speech issue.

The health impact of the global gag

Maternal mortality worldwide is unacceptably high. About 287 000 women died during and following pregnancy and childbirth in 2020. Almost 95% of maternal deaths occurred in low and lower middle-income countries in 2020, and most could have been prevented by access to better healthcare.

Women in low-income countries have a higher lifetime risk of maternal death. A woman’s lifetime risk of maternal death is the probability that a 15-year-old woman will eventually die from a maternal cause. In high income countries, this is 1 in 5300, versus 1 in 49 in low-income countries.

For many women in the world today pregnancy is a life-threatening condition, as it was centuries ago world-wide. This means women go through pregnancy knowing it could lead to their death or permanent injury to health. This takes a toll on both physical and mental health.

Cutting funding for family planning services leads to more unplanned pregnancies, and may increase the abortion rate. Bans on abortion do not stop abortion; they just increase the likelihood that the procedure occurs under unsafe conditions, with higher rates of mortality and morbidity. The World Health Organisation estimates that 45% of abortions are unsafe.

The global gag has also impacted health education and health advocacy, including HIV/AIDS education and support for marginal and vulnerable groups, including workers in the sex industry. When funding for healthcare is cut, it is often the poorest and most vulnerable who are most affected.

How the abortion issue has been politicised

“My name is Ann Richards. I am pro-choice and I vote.” This is what Ann Richards, Democratic Governor of Texas said at the Democratic National Convention in 1992. This is a good example of how women and pro-choice activists can be galvanised by this issue, as is happening now with the Kamala Harris campaign for the US Presidency.

The Republican Party has made alliances with the Christian evangelical right, treating abortion as a key political dividing issue. Ultra-conservatives often pick an issue or two, whether abortion, homosexuality, transgender rights or sex education in schools as a focus for campaigning and as a test of political acceptability.

Right-wing Christian evangelicals and other religious fundamentalists subscribe to a theology in which salvation is linked with conformity to narrowly-defined, traditional gender roles, in which sex is only for reproduction and in which foetal life is given equal or higher status than the life of the pregnant person. Hence the woman who declines motherhood or the person who lives in a same-sex relationship or seeks to change gender cannot be accepted. This is a quest for Gilead, the dystopian society portrayed by Margaret Atwood in “The Handmaid’s Tale”.

Some Republican politicians are Christian nationalists; that is to say, they want to remove the separation of religion and the state, which was one of the major achievements of the American Revolution and to establish some version of a theocratic state. It can be hard for reasonable and liberal-minded people to appreciate just how reactionary all of this is.

Donald Trump and JD Vance use misogyny to mobilise a section of the electorate and to attack their opponents. It may fire up their base, but it will also turn off many American voters. Vance is mentioned often for his notorious remark that the US was governed by ‘childless cat ladies’ and the implication that only parents have a right to an opinion or a vote. Such views are off the wall and have sparked many amusing ripostes. Nonetheless they should not be ignored because they express both a serious level of misogyny and contempt for single people.

What happens in the US presidential election has significant implications for women’s lives and for reproductive rights and healthcare provision world-wide.

P.S.

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The Profound Implications of the 2024 US Election

This election is indeed unlike any other in modern history because American voters are so polarized that the threat of civil breakdown is real.


August 25, 2024
Source: Common Dreams


Since U.S. Vice President Kamala Harris took the reins from President Joe Biden, the presidential race has tightened in key battle states as the momentum has shifted in Democrats’ favor. Why do so many people say that the 2024 presidential race is pivotal for the future of democracy? And what would a Kamala Harris foreign policy look like with regard to the transatlantic relationship, Ukraine’s war effort, China, and Gaza?

Political scientist and political economist C. J Polychroniou tackles these questions in an interview with the French-Greek independent journalist Alexandra Boutri. Unlike many radicals who won’t support the Democratic ticket if Harris does not change her policy on Israel, Polychroniou thinks that the 2024 presidential election has great implications beyond Gaza.

Alexandra Boutri: For the next couple of months or so, U.S. elections will be under the spotlight. It has been argued that because of Trump’s embrace of authoritarianism, the 2024 presidential election is pivotal for the future of U.S. democracy, critically consequential to Washington’s European allies, and potentially transformative for today’s geopolitical realities. Donald Trump and Kamala Harris also differ radically when it comes to climate change, immigration, and the economy. They are also quite apart across a broad range of issues related to gender identity and sexual orientation. Do you agree then with the view of many people who say 2024 is the most important election of their lives?


There is now such a huge gap between Democrats and Republicans over political and social values that each side fears that the other side will destroy the nation if they are allowed to dictate policy.

C. J. Polychroniou: The 2024 U.S. presidential election is enormously important for many of the reasons you cited, although we shouldn’t be oblivious of the fact that parochialism is what drives most American voters. That said, this election is indeed unlike any other in modern history also because American voters are so polarized that the threat of civil breakdown is real. In fact, I believe that Trump is already laying the groundwork for rejecting the election result if he loses. This is why he calls Democrats’ replacement of Biden a “coup” and even “a violent overthrow” of a president. And back in March, he said that there will be a “bloodbath” if he loses the November election. Obviously, there is something very wrong with the contemporary political culture in the U.S. I mean, compare what is happening in the U.S. to Britain’s political culture where civility is still the name of the game. Former Prime Minister Rishi Sunak not only conceded defeat and congratulated Labour’s leader, Keir Starmer, for his party’s victory, but took responsibility for the Tory party’s worst defeat in history.

Alexandra Boutri: Why does polarization run so deep in today’s United States?

C. J. Polychroniou: Political polarization among Americans has deep societal roots, with religion and race playing pivotal roles, but has been steadily intensifying in the last 40 or 50 years. There is now such a huge gap between Democrats and Republicans over political and social values that each side fears that the other side will destroy the nation if they are allowed to dictate policy. Democrats tend to be quite liberal when it comes to social issues, but most Republicans identify themselves as social conservatives. However, it is interesting to note that an annual poll on values and beliefs conducted last year by Gallup found that more Americans identify themselves as socially conservative than at any time in about a decade, although the largest increase was among Republicans. The role of guns in society, abortion, race, immigration, gender identity, and sexual orientation are among the issues that sharply divide supporters of the two parties, according to the latest findings from a Pew Research Center survey. Republicans and Democrats are also very much divided over the role of government power and global warming. In sum, it would not be an exaggeration to say that Democrats and Republicans live in different worlds.

Alexandra Boutri: How would you describe today’s GOP?

C. J. Polychroniou: Today’s GOP is the creation of one man alone—namely Donald J. Trump. What I mean by that is Trump can shift the party in any direction he chooses because he exerts a cult of personality over his followers. He can deliver fiery anti-abortion messages at some juncture during his political life, like he did when he first ran for president because he needed the support of evangelical Christians, but then decline to endorse a national abortion ban at another juncture because he fears that it would cost him votes if he did so.

Trump is not about ideology, values, or beliefs. Trump is the penultimate political opportunist who will say and do anything that might help him to achieve his goals. He is a clown, but a dangerous one who poses a real threat to democracy and the rule of law. The Republican Party has always been a reactionary political party but has now become an extreme political organization that fires up its base with lies and conspiracies. Trump employs the rhetoric of conservative populism, mocks the elite class, and pretends to be pro-worker. Never mind that Trump has no ideological convictions of his own and spent four years in office weakening unions and catering to the interests of the superrich. Most GOP voters have become blind followers of Trump and have neither the critical thinking skills nor the will to face the truth. They live in the political bubble that Trump has created for them. They would gladly take part in any political scheme conceived by Trump and even allow him to govern by dictatorial means. Moreover, virtually no Republican dares to stand up to Trump. He mocked and humiliated all his Republican rivals, but in the end they all fell in line and kissed his ring. I have a hard time coming up with politicians anywhere else on the planet who are so cowardly and obsequious as the Republicans are in the “land of the free.”

Alexandra Boutri: By the same token, the Democratic Party also went from being the “party of the people” to the party of the financial elite. Would you say then that it is the Democrats who paved the path for the rise of someone like Donald Trump?

C. J. Polychroniou: The Democratic Party has always been a pro-business party. Until recently, the differences between Democrats and Republicans were not that great. Indeed, as Noam Chomsky used to say, “The United States has essentially a one-party system and the ruling party is the business party.” So, it was largely a myth to say that the Democratic Party was the “party of the people.” Nonetheless, Bill Clinton remade the Democratic Party (after Jimmy Carter had already laid the groundwork for the shift to neoliberalism) to such an extent that it abandoned all pretext of being a party representing the working class. Clinton had revealed his anti-union credentials long before he made it to the White House. He had been working ceaselessly toward undermining the labor movement in Arkansas since the mid-1970s.


The U.S. is a global superpower, an imperial state, so it would be naïve to think that foreign policy can change dramatically from one administration to the next.

The working class ditched Hillary Clinton in 2016. Working-class voters, feeling betrayed by the Democratic Party and its economic policies, were a key demographic element behind Trump’s rise. Of course, it wasn’t just economics that drove white working-class voters to Trump’s camp. An equally important factor was racial and cultural resentment. Anyone who thinks that racism and xenophobia were not important factors in Trump’s rise or that they don’t figure prominently in the support he has been receiving since from the millions of his followers needs a reality check.

But something rather exciting has been happening over the past few years inside the Democratic Party. The progressive wing has moved the party to its left on key economic issues. Subsequently, Joe Biden has been very outspoken about supporting organized labor and his administration may be the most progressive in U.S. history.

If Trump returns to the White House, we should all brace ourselves for major shocks. We should expect to see mass deportations, systematic efforts to undermine democracy and rights in the U.S. and even abroad, the sacking of thousands of civil servants, the dismantling of the Department of Education, the expansion of presidential power (and bear in mind that an ultra-conservative Supreme Court gave presidents total immunity from prosecution for all official acts), major tax cuts for the rich, the end of policies to tackle the climate crisis, and even a rollback of policies that have aided minorities economically and socially. This is what’s behind Project 2025, a blueprint of over 900 pages for a second Trump term developed by the arch-conservative Heritage Foundation.

That said, I do not wish to create the impression that the Democratic Party has somehow become a democratic party of the alternative and progressive left. The irony is that the Democratic Party not only remains pro-capitalist, and with deep ties to Wall Street, but is even far more militaristic and pro-war than the Republican Party. And its leadership remains profoundly hypocritical. At the Democratic National Convention (DNC), one speaker after another, including Kamala Harris, spoke about justice and equality for all. But Democrats refused to give airtime to Palestinians who wanted to highlight the ongoing tragedy in Gaza. They also spoke about “joy,” “compassion,” and “safety” and then paraded a host of speakers who spread the message of militarism. As the brilliant Jon Stewart aptly summarized this amazing contradiction in his Daily Show following the conclusion of the DNC, “These are the new Democrats, man. They lead with joy and compassion and acceptance. And, oh yeah, we will fuck you up.”

Alexandra Boutri: What would a Kamala Harris foreign policy look like with regard to the transatlantic relationship and Ukraine’s war effort?

C. J. Polychroniou: I don’t think U.S. foreign policy under a Kamala Harris presidency will by any different from the Biden administration when it comes to engagement with European allies and support for Ukraine. In fact, she made that abundantly clear during her acceptance speech at the DNC. After all, continuity is one of the main characteristics in U.S. foreign policy. Transatlantic relations experienced an initial shock when Trump entered the White House in early 2017 but returned to stability shortly thereafter. And Biden’s foreign policy hasn’t been very different from that of Donald Trump. The U.S. is a global superpower, an imperial state, so it would be naïve to think that foreign policy can change dramatically from one administration to the next. Barack Obama campaigned for president in 2008 with the intent of bringing about a fundamental shift in the direction of U.S. foreign policy. He offered the promise of renewed idealism and a return to the rule of law. He fell way short of achieving even the slightest transformation. His U.S. drone program was far deadlier than what had taken place under the Bush administration. Obama carried out more strikes in his first year as part of a covert drone war strategy than Bush carried out in his entire presidency.

Alexandra Boutri: What about China?

C. J. Polychroniou: There is a looming superpower clash between the United States and China that I would place at the top of geopolitical risks for the years ahead. An incident in the Taiwan Strait or the South China Sea could easily trigger conflict escalation. The U.S. is obsessed with how to respond to China’s involvement in the South China Sea. And this is not merely a question of prestige and power. The U.S. Energy Information Administration estimates that the South China Sea holds about 11 billion of barrels of untapped oil and 190 trillion cubic feet of natural gas. We remain a highly violent species. Trump won’t solve the U.S.-China conflict, and I doubt that Kamala Harris will become the next Richard Nixon on U.S.-China relations.

Alexandra Boutri: I suppose then that you also don’t expect a shift in U.S.-Israeli relations under a Kamala Harris presidency. Will she at least handle Gaza differently?

C. J. Polycroniou: I think the answer is negative on both counts. Israel is the most important strategic ally that the U.S. has in the Middle East. What this means is that the U.S. will continue to look the other way to whatever Israel pleases to do and will confine itself to the use of diplomatic language in connection to any Israeli violations of international law and human rights simply for PR purposes. But Israel’s total dependence on the U.S. is something that should worry future generations in Israel. What will happen if Israel happens to lose its strategic value in a future world order?

Alexandra Boutri: The Hamas October 7 attack continues to divide the world and in particular the left. Didn’t the Hamas leadership anticipate a massive Israeli response? Or it is that they didn’t care?

C. J. Polychroniou: What’s been happening in Gaza for more than 10 months now is one of the greatest crimes in the postwar era, a totally disproportionate response to the October 7 terror attack inside Israeli territory. But, at the same time, it is inconceivable that you have people, leftists and radicals, who refuse to condemn Hamas for those horrific actions against innocent Israelis, many of whom were in fact peace activists. Also, and putting aside the question of who a terrorist is actually, I find rather absurd the comparisons between the Hamas organization and the anti-fascist resistance movements against Nazism. Israeli Prime Minister Benjamin Netanyahu’s far-right government is beyond extreme. But Hamas is not some sort of a progressive “liberation movement.”

The October 7 attack is a war crime. Plain and simple. I am baffled by those (and, as you know, I’ve had some unpleasant exchanges over this matter with certain people) who try to argue that the October 7 attack is justified on moral grounds and strategic considerations. Attacking civilians is never moral. Both Hamas and Israel are guilty of the same crime. Hamas and Israeli leaders are indeed war criminals. And what exactly are those strategic objectives on the part of Hamas that can justify the October 7 terror attack against innocent Israeli civilians? Israel has destroyed almost all of Gaza’s infrastructure; killed more than 40,000 Gazans, mostly women and children; and Hamas has been severely weakened. Perhaps Hamas did not anticipate such a brutal response on the part of the Israeli military. Perhaps its leadership did not think that their operation would be as vast as it turned out to be given the state of Israeli military intelligence. But I am sure that they also did not care if innocent civilians in Gaza were going to be killed because of their actions. They would probably call that “collateral damage,” just like the Israelis do. And this war has also made the two-state solution a virtual impossibility, although there was never any real chance of that happening anyway. In fact, I am of the opinion (and hope that I am wrong) that the goal of Palestinian self-determination has been made far more difficult now on account of the October 7 attack despite of the fact that support for the Palestinian cause continues to grow among civil society organization across the globe.

Alexandra Boutri: One final question, and it has to do with third-party and independent candidates running for president. Could they affect the 2024 vote?

C. J. Polychroniou: One could and should be in support of third-party candidates for all sorts of reasons. The problem however with the U.S. political system is that they have no chance of winning a presidential race. I doubt that they can even shake up the two-party system. You need some form of proportional representation, like the system that exists in many European democracies, for third parties in the U.S. to make a real impact on national politics. But third-party candidates can easily end up having the opposite-than-desired effect, which is to help the candidate they least want in the White House emerge victorious. And this may very well happen if voters in swing states who are opposed to the Democrats on account of the war in Gaza end up casting their ballots for third-party candidates.
NZ

The Te Awa Tupua Act: An Inspiration for Communities to Take Responsibility for Their Ecosystems
August 27, 2024
Source: The Revelator


Image by Tim Proffitt White, CC BY-NC-ND 2.0

In 2017, after more than a century of legal struggles by the Māori people of the Whanganui River (Te Āti Haunui-a-Pāpārangi), the 292-kilometer Whanganui River — also known as Te Awa Tupua — became the first river in the world to be recognized as a legal entity, granting it the same rights and powers as a legal person.

The passage of the Te Awa Tupua Act has been a milestone for Aotearoa New Zealand — a name that reflects the country’s Māori identity and colonial history. It has also been read as an encouraging example for the granting of legal personhood to ecosystems in other parts of the world.

While Whanganui personhood is a good news story, we must recognize that the path to Parliament’s passage of the Te Awa Tupua Act was entrenched in colonial dynamics. Māori Iwi of the Whanganui region have long had to advocate against an often conservative and Western-minded government structure. Their relentless advocacy efforts have shaped the narrative of Te Awa Tupua, a story rooted in the deep connection between culture, land, and water.

The clash between Te Awa Tupua and Western legal frameworks, alongside Indigenous law, serves as the backdrop for continuing political and cultural dynamics. More recently, with the inauguration of Aotearoa New Zealand’s new coalition government led by conservative Christopher Luxon, these challenges have become more conspicuous.

We believe that the Te Awa Tupua Act should not only be read by law- and policymakers as a legal framework, but also as an inspiration for communities to embrace a leadership model entrenched in Tupua Te Kawa principles, the system of principles underpinning Te Awa Tupua.
A History Steeped in Colonialism

To understand the future of Te Awa Tupua, we must first understand its greater context.

The historical background to the recognition of Te Awa Tupua as a legal entity is deeply intertwined with the colonization of Aotearoa New Zealand by the British and the subsequent conflicts and wars in the 19th century.

Since 1873 Whanganui Iwi have sought recognition of their authority over the Whanganui River, including by pursuing one of New Zealand’s longest-running court cases, the Native Land Court application of 1938 contesting the ownership of the riverbed. The case was finally settled in favor of the Crown by the Court of Appeal in 1962. Given the colonial nature of Iwi-Crown (government) relationships, the Waitangi Tribunal was set up in 1975 as a standing commission of inquiry to make recommendations on claims brought by Māori relating to legislation, policies, actions, or omissions of the Crown that are alleged to breach the promises made in the Treaty of Waitangi. Ultimately, however, the tribunal has limited powers, especially in preventing treaty violations from happening.

Ruruku Whakatupua, the Deed of Settlement for the Whanganui River (2014), is the culmination of more than a century of effort by Whanganui Iwi to protect and provide for the special relationship of Whanganui Iwi with the river. Ruruku Whakatupua settles the historical Treaty of Waitangi claims of Whanganui Iwi in relation to the river. While the Whanganui River Iwi view the river as a living being, it is in the context of a more-than-human being rather than a human person. The framing of the Te Awa Tupua Act as legislation concerning legal personhood is more for the appeasement and convenience of European sentiments than for the Māori.
The Te Awa Tupua Act

Te Awa Tupua is one of numerous cases in which a history of injustice exists. Its recognition as a legal entity is therefore a decisive event not only in the history of Aotearoa’s environmental legislation, but also in coming to terms with its own colonial past.

Te Awa Tupua is the longest navigable waterway in Aotearoa New Zealand. It has always been a source of sustenance, spiritual connectedness, and of course a main transport and trade route. There are numerous Māori tales that link the formation of the riverbed to a dispute between various North Island volcanoes. However, almost since the beginning of colonization, Te Awa Tupua has been abused. The destruction of eel weirs to make way for early riverboat service caused the loss of food sources for Whanganui Iwi. Furthermore, commercial forestry entities have planted all the way to the water line, and other irresponsible farming developments on marginal land have continually increased the sediment accumulation in the river and its tributaries. Since the 1970s a portion of the very upper reaches of the Whanganui River has been diverted and commercially developed to generate electricity. This has seriously affected the ability of the river to flush itself naturally.

In 2014 Māori communities and the Crown signed a deed of settlement regarding Te Awa Tupua. In 2017 a corresponding Act was approved by Parliament in which the river — including its physical and metaphysical elements — is recognized as having the “rights, powers, duties, and liabilities of a legal person.”

In the Act, Te Awa Tupua is assigned two legal representatives: one representing the Māori Iwi and another representing the government. They make up a committee given the name Te Pou Tupua — the human face of the river — and represents its interests. Te Pou Tupua is supported by an advisory group (Te Karewao) and a strategy group (Te Kōpuka). In addition, Te Kōpuka has been entrusted with the task of developing a strategy plan, called Te Heke Ngahuru, the final version of which has recently been passed.
A Strategy for Implementing the Act

Embedded within Te Awa Tupua, Te Heke Ngahuru holds as a collective effort to develop a comprehensive strategy addressing the environmental, social, cultural, and economic aspects of Te Awa Tupua’s wellbeing. Te Heke Ngahuru establishes Te Pā Auroa — a legal framework that grants the Whanganui River and its catchment the status of a legal entity. This framework, understood to be synonymous with the First Autumn Migration of Eels in Māori tradition, is guided by the four Tupua Te Kawa principles, which emphasize the interconnection of the river’s elements:Ko te Awa te mātāpuna o te ora: The River is the source of spiritual and physical sustenance.
E rere kau mai i te Awa nui mai i te Kahui Maunga ki Tangaroa: The great River flows from the mountains to the sea.
Ko au te Awa, ko te Awa ko au: I am the River, and the River is me.
Ngā manga iti, ngā manga nui e honohono kau ana, ka tupu hei Awa Tupua: The small and large streams that flow into one another and form one River.

Te Heke Ngahuru imagines a future where Iwi assume full custodial rights of the awa (river) via efforts that protect the health and wellbeing of the Whanganui catchment. This requires a transition away from Western models of governance and toward a Te Awa Tupua-centric approach to decision-making, led by the Crown, local government, and Iwi. Through collaboration and strategic action, Te Heke Ngahuru offers a roadmap for innovation and opportunity, laying the groundwork for a sustainable and prosperous future for Te Awa Tupua and its people.
Te Awa Tupua Between Rights of Nature and Indigenous Law

Te Awa Tupua has been enthusiastically embraced by many Rights of Nature activists as a paradigm-shifting example.

At the same time, however, it’s easy to overlook how the Te Awa Tupua Act deliberately moves away from litigation and places community decision-making at its center. Shifting this power to the local level has profound implications for rebuilding Iwi-Crown relationships in light of centering kawa principles within Whanganui leadership.

There are two important reasons for this. The first is that the power shift strengthens Indigenous law and the Tupua Te Kawa principles. According to the third Kawa, the people and the river are intrinsically linked, so Te Awa Tupua isn’t merely the river but also includes the surrounding communities — which challenges Western notions of property and human-made law. The relationship between the Iwi and the river goes beyond mere geographical proximity and includes spiritual and affective care for each other.

The second reason is that the shift results in less dependence on state jurisdiction and the strengthening of Indigenous self-determination. Māori Iwi have a generations-long experience of changing governments, from left-wing to right-wing and back again, which encourages them to strategize wisely and cautiously. It’s therefore crucial to see the Te Awa Tupua Act and Te Heke Ngahuru as a decisive strengthening of Indigenous law and Māori self-determination.
New Challenges From a Right-Wing Government

Unfortunately, the new coalition government — consisting of the three National, Association of Consumers and Taxpayers, and New Zealand First political parties and led by Prime Minister Luxon — has shown clear intent to decrease the cultural and social standing of Māori and, by extension, the importance of the Treaty of Waitangi. For example, this government has attempted to deconstruct the use of Te Reo, the Māori language, within government departments that use Te Reo in their branding, messaging, websites, and front-office greetings.

That said, at this stage there’s little threat to Te Awa Tupua or its legitimacy. Of far greater concern is that future acts or legislation of parliament could overlap, dilute, or even supersede the 2017 Act.

This has happened before. In 1903 the Coal-mines Act Amendment Act provided that the beds of all navigable rivers “shall remain and shall be deemed to have always been vested in the Crown.” This national law was passed directly in response to Whanganui River Māori claims at the time.

Under current norms and sensibilities, such extremes are highly unlikely in Aotearoa New Zealand today. What will be of interest to Te Pou Tupua, Te Karewao, and Te Kōpuka, though, are any new laws coming into being that may affect and indeed overlap Te Awa Tupua in areas such as resource management or conservation.
Inspiration From Te Awa Tupua

Examining the Te Awa Tupua Act and Te Heke Ngahuru reveals that their focus isn’t limited to a legal framework and its implementation. Taking the Third Kawa and the corresponding interrelationship of ecosystems and surrounding communities seriously can motivate communities to defend and take care of the health and wellbeing of the ecosystems to which they relate. However, we don’t suggest that communities should copy or universalize the Te Awa Tupua Act.

The signing of Te Awa Tupua constitutes a narrative that can be read in the context of the Rights of Nature, but it can also be read in the context of decolonial law and communal self-determination. It can inspire local communities around the globe — including the global South and the global North — to take responsibility for the rivers, mountains, lakes, and other ecosystems to which they belong, which becomes vital at a time when right-wing governments around the world are beginning to challenge the previously established consensus on environmental and climate policy.

Gabrielle Plowens is a recent graduate from Oxford University specializing in nature, society, and environmental governance. Currently a social science researcher at Integral Ecology Group, she is immersed in collaborative research with Indigenous communities in Canada, focusing on the impacts of resource development on cultural practices and rights via cultural impact assessments, rights assessments, and traditional land use studies.


Homeless Sweeps Are Expensive, Useless and Cruel, Human Rights Watch Charges

Punitive city policies are also woefully counterproductive, only perpetuating the very malady they purport to address.

August 26, 2024
Source: Truthout


Image by Cathy Crow


Last week, the research and advocacy nonprofit Human Rights Watch (HRW) released a comprehensive report that examines the structural origins, punitive state responses and associated social injustices that have catalyzed the catastrophic homelessness crisis in Los Angeles, California.

While the report focuses on Los Angeles County, where the crisis is particularly stark, the same patterns are evident across the U.S., particularly on the West Coast. This is not due to some sort of liberal permissiveness or lax enforcement, as right-wing narratives would have it. Instead, homelessness flourishes in direct correlation with the severity of the housing crisis in these regions. From Los Angeles to Seattle — and, to various extents, throughout the nation — unaffordable housing and inadequate shelters leave many with no choice but the streets. There, hundreds of thousands are criminalized, brutalized, scapegoated and further impoverished, locking them into a grim cycle. An especially pointed recent example came in Chicago, where encampments were cleared and unhoused people displaced for the sake of burnishing the city’s image ahead of the Democratic National Convention.

Titled, “‘You Have to Move!’ The Cruel and Ineffective Criminalization of Unhoused People in Los Angeles,” the HRW report condemns what its authors charge is a woefully misguided and inhumane history of municipal enforcement. They argue that city agencies have counterproductively punished suffering, impoverished individuals for a crisis of rent and housing supply — while putting forth interim solutions that have been inadequate at best.

Advocates for the unhoused have welcomed the HRW report, as it supplies yet more evidence validating what they have long asserted: namely, that present policies enact undue cruelties, and that it is the dearth of affordable housing — not laziness, personal pathology or moral failing — that is the real progenitor of homelessness.

The HRW report adds to a growing body of research attesting to the housing-related origins of homelessness, and the harshness and ineffectiveness of sweeps, as well as the promise of housing-first approaches, which prioritize connecting unhoused people with permanent housing, which has been shown to be highly effective, and represents a means of addressing the deeper crisis, rather than punishing its victims. With the housing crisis now finding a prominent place in presidential platforms and at the Democratic National Convention, there are signs that, even if solutions still seem years beyond reach, the necessity of affordable housing has at least entered mainstream discussions.
An Overhead View

Assembled over the course of three years of intensive research, the 337-page report from Human Rights Watch compiles data from municipal agencies and publicly available sources, as well as 148 interviews. Notably, 101 of those subjects were people who have experienced homelessness. The report’s creation also involved real-time oversight of enforcement actions, drawing on testimony from “Human Rights Watch researchers [who] witness[ed] and document[ed] actions by city officials and private actors towards unhoused people in Los Angeles” in the course of sweep operations.

While many of the issues that the report addresses have been well-studied, its comprehensive scope offers valuable perspective on the true extent of the crisis. It analyzes and presents data on all major facets of the issue, from the inflation of housing prices to the deep racial inflection of the crisis (people of color are disproportionately unhoused), to the senselessness of sweeps and carceral and punitive solutions. The analysis also gives a sense of the remarkable scale of homelessness in Los Angeles County: The number of unhoused people has grown by as much as 10 percent in one year, between 2022 and 2023, reaching 75,000. And staggeringly, the authors found that across the county, on average, more than “six unhoused people die every day.”

The number of those who are precariously housed, often only one slip away from losing their residence, is even more far-reaching. Per the report, “Almost 60 percent of renters and 38 percent of homeowners (over 720,000 households) in Los Angeles are ‘cost-burdened,’ meaning they pay over 30 percent of their income for housing, and over half of those are severely cost burdened, paying over 50 percent[.]” The real origin of homelessness is clearly discernible in these realities.

Truthout reached the report’s primary author, John Raphling, to learn more about his research and conclusions, which were reached with the help of data analyst Brian Root and others. “The most significant findings of my research,” Raphling commented by email, “were how pervasive the practice of criminalization has been in Los Angeles over the decades, how completely ineffective and even counterproductive it is as a policy response to mass houselessness, and how incredibly cruel, demeaning and traumatizing it is to the most vulnerable among us.”
A History of Heavy-Handedness

The report documents and criticizes numerous arms of city enforcement. First and foremost, of course, is the Los Angeles Police Department (LAPD). Statistics indicated that, in the 2016-2022 period, “38 percent of all LAPD arrests and citations combined were of unhoused people, including nearly 100 percent of all citations and over 42 percent of all misdemeanor arrests.” In other words, LAPD enforcement of so-called quality of life violations represents a sprawling bureaucratic architecture dedicated almost exclusively to criminalizing and punishing the unhoused.

Those are startling numbers — but, according to LAPD data, unhoused people are indeed given 99 percent of all citations and arrests for infractions like sitting or lying on the sidewalk, drinking in public, leaving behind personal property, violating park regulations, cannabis regulation, open containers, illegal possession of a shopping cart and minor alcohol and tobacco charges. The LAPD has also disproportionately issued many other types of sub-misdemeanor violations — making up 90 percent of arrests and citations for gambling, for instance. All of this is despite the fact that the unhoused constitute just 0.01 percent of L.A.’s population.

The report goes on to assemble evidence that city policies that have been ongoing for decades — a combination of criminalization ordinances, encampment sweeps, incarceration or involuntary commitment, and inadequate, carceral shelters — are not only wildly expensive and cruel; they are also woefully counterproductive, only perpetuating the very malady they purport to address.

One example is Los Angeles’s “Safer Cities Initiative” (SCI), which dates back to 2006. It primarily prescribed intensified policing of even the pettiest of crimes as a response to the unhoused population on Skid Row. “These programs are all based on the logic of coercion and criminalization,” said Raphling. “SCI was an enactment of the ‘broken windows’ approach to policing, flooding the Skid Row neighborhood with police aggressively enforcing against low-level violations of law. It terrorized people living there and did not reduce crime.” SCI’s successor program, RESET, was aimed at “crime suppression and deterrence,” to similar effect, or lack thereof. “Broken-windows” policing ventures are premised on the (wholly discredited) notion that enforcement of city ordinances and statutes against minor infractions deters more significant crimes. In practice, the program’s function was to legitimize the harassment of unhoused people.

Traditional policing and the threat of punishment, though, are not always the primary vector of criminalization. “[D]ifferent from what I expected,” wrote Raphling, “was how the Sanitation department, through their destructive sweeps, have become the most prevalent agency implementing criminalization — though police are always right by their side ready to enforce.” The presence of the L.A. Sanitation Department, or LASAN, indeed looms large in the first-person accounts that HRW researchers collected. Numerous interviewees described the wholesale destruction or theft of their property by city sanitation workers.

“These programs do not help anyone rise above their unhoused situation,” Raphling said. “They cause trauma and, by breaking up the community of the encampments, they disperse people and expose them to greater danger living on their own.”

Valuable and necessary items — court papers, identification, hygiene materials, clothing, medications, personal items like family photographs, and lifesaving Narcan — are senselessly confiscated and made difficult or impossible to reacquire. Naturally, the loss of such items only makes it that much more difficult for someone to escape their circumstances. The disruption of a sweep can traumatize the unhoused person and interrupt their connections with social assistance and service providers. Moreover, sweeps are inordinately expensive; it’s especially galling that resources are diverted to these inhumane and ineffective measures in lieu of housing-based solutions.

Sweeps in Los Angeles often involve the Los Angeles Homeless Services Authority, which ostensibly has the function of helping unhoused individuals. Nevertheless, as Raphling commented, “The services sector, in many ways against their own guiding principles, has been enlisted into the project of criminalization. Their presence at sweeps and the offer of some shelter creates a mythology that the sweeps are helping people into ‘housing’ (usually no more than some temporary, barely habitable, rule-bound shelter), allowing criminalization proponents to disguise their cruelty.”
Exclusion Zones

Paul Boden is the executive director of the Western Regional Advocacy Project (WRAP), a coalition of organizations that seeks to combat city policies that discriminate against the unhoused community. Once an unhoused person himself, he is highly attuned to the humanity of the suffering individuals on the street. Boden spoke to Truthout about how advocates have responded to the HRW report’s findings.

In one section, the report includes a map depicting all the exclusion zones that are aimed at disbarring the mere presence of the unhoused in L.A. Across the map, blue patches indicate a zone where, under L.A. Municipal Code Section 41.18, sitting, lying and sleeping are banned. It also depicts areas delineated by Section 56.11, which forbids keeping property in many public places. As a result, almost every single block of the city map is riddled with blue shapes: it’s a striking visual.

This data visualization, said Boden, was “a validation of what we were thinking was happening. Looking at all the different parts of 41.18 that make it illegal to be within 100 feet of this place, and 500 feet of an ATM, and 500 feet of a school. You start putting together all those pieces of public property, where it’s illegal to be if you’re homeless — and you see the current trend … You plot a course to layer all the different parts of the city where it’s illegal for [unhoused] people to be present, and you end up with what that map shows you.”

Boden said that advocates are perceiving a shift in enforcement, from sweeps and mitigation to outright exclusion from public space — a chilling escalation of anti-unhoused policy. These types of measures are certainly not limited to L.A. “Sacramento has even made [using] camping paraphernalia illegal,” Boden noted. Similar exclusion tactics can be found nationwide. The report’s visualization of L.A. policy, Boden reflected, served to underscore “how insidious the process was, to create what that map shows us. That wasn’t without forethought. When you lay it out like that … that’s the modern-day approach to addressing homelessness.”
Insufficient Solutions

The HRW report also contains a critique of the city’s interim housing programs, like the temporary hotel-room shelter program Project Roomkey and Mayor Karen Bass’s “Inside Safe.” While perhaps well-intended, these efforts have not met with much success, and Raphling contends that the funds would have been better directed elsewhere. As has been well-documented and evidenced by many cases, the solution to homelessness is housing supplied via well-administered and properly funded programs.

“There are numerous examples of how the ‘housing first’ model, especially permanent supportive housing, has worked when properly applied,” Raphling explained. “L.A. County had a pilot program called Project 50 that gave housing and services to about 130 people identified as the most chronically unhoused in the county. That project was extremely successful at keeping people housed, improving their lives, and saving money.” Project 50, initiated in 2007, was poised to expand into a broader program, but the more ambitious plan was voted down by supervisors, who cited cost concerns and the novelty of the program.

Yet save for those rare exceptions, the solutions on offer in Los Angeles have fallen far short of what’s needed. “Project Roomkey and Inside Safe aren’t housing programs. They are shelter programs. They provide temporary rooms, some with habitability problems, with no security of tenure (no actual tenancy) and rules that no adult would willingly submit to,” Raphling said. They do, at least, “provide some security and a chance to come indoors, which is extremely valuable for many people — though not all — as a trade-off for the rules and insecurity.” Most problematically, he says, Inside Safe was used as a way to legitimize sweeps; city officials with the program would tell encampment residents that “they had to give up their tents and, if they did, they would get permanent housing,” as the report notes in its case study of a sweep in Venice, California.

In some cases, these interim programs do end up channeling people toward more permanent shelter. However, their success has been modest at best. The report cites figures from December 2022 to March 2024, during which Inside Safe “had cleared 42 encampments throughout the city, placed 2,482 people into temporary hotel rooms, and moved 440 of those into more permanent housing situations, while 504 had returned to the streets, according to [Mayor Karen Bass’s] office’s data.”

Apart from the low success rate, noted Raphling, “Inside Safe is incredibly expensive. That money won’t last as a temporary shelter, and it could have been used for permanent housing. When the money runs out, where will the shelter residents go? I would recommend spending that money on permanent housing.”

The city took issue with the HRW report’s findings, with Lourdes Castro-Ramirez, the L.A. chief of housing and homelessness and a top aide to Mayor Karen Bass, referring to it as “cynical and disingenuous,” and retorting that the report “relies on citation and enforcement data from 2016-2022, before the mayor took office.”

Raphling responded to the aide’s comments, saying, “Criminalization and sweeps continue every day under Mayor Bass’s administration. If, as she says, she opposes criminalization, she should take steps to end it in Los Angeles. Now is the time for her to show leadership through action and not just words.”

“The data we analyze on citations and sweeps is from before her administration. The report never says or implies otherwise. That is why there is a separate full chapter about what has happened since she has been in office — though I doubt she could credibly deny that the sweeps continue,” Raphling said.

“Her Inside Safe program, which we analyze based on her administration’s own data, is a sweeps-based program that destroys people’s property and moves them into temporary hotel rooms that cost $3,500 a month per person. It is not financially sustainable and has not consistently moved people into permanent housing. More people return to the streets, or simply languish in the hotel rooms,” he said. “There are now only about 1,100 rooms, compared to about 35,000 unsheltered people in the city; even if it was effective and sustainable, it only meets a small percentage of the need, and raises questions about who is getting this scarce resource. What is cynical and disingenuous is claiming that the program is about saving lives when it prioritizes rooms for people in high-profile encampments that they are dismantling, rather than based on need.”

“That said, the report highlights some good things Mayor Bass has done,” Raphling concluded.
Getting the Message

Research like the HRW report is crucial to combating the right’s narratives about the housing crisis, and will help supply a basis for instating humane and effective policy. Paul Boden notes that the report’s analysis is of interest to other researchers, policy planners and city agencies, some of whom have already been in contact about drawing on its research. “As a methodology and an approach for other local communities to be looking at their own policing programs,” he added, “it’s a gold mine.”

WRAP, too, plans to conduct a street survey that will collect first-person testimony from unhoused people. Centering first-person experience of that type is another strength of the HRW report — by placing the voices of the unhoused at the forefront, with its 101 interviews of people who have experienced homelessness, and sharing harrowing first-person reports of violent displacement and dispossession, the report humanizes statistics and underscores the inhumanity of the current approaches.

“Sweeps do not address homelessness,” Boden said bluntly. “It’s local communities saying, ‘We don’t want to see it.’”

But while that reality might be clear to researchers and advocates, information and analyses like the HRW report offer a means of substantiating and communicating that understanding to the public. Boden also pointed out the benefits to activists of being able to cite a reliable source: “We don’t have think tanks writing summaries and talking points.”

“The frustrating part,” Boden continued, “is that the findings are consistently egregious. But the more you know, the better your organizing, and the stronger your messaging is going to be.”

Moreover, while the report’s analysis is largely confined to L.A., the trends and patterns that it identifies apply broadly — especially to elsewhere on the West Coast, but also to the national scale. “I have not studied other places in depth, but everything I have read and heard from others working on this issue is that criminalization happens across the state and country,” Raphling said. “Florida, Georgia and other states have recently passed laws requiring cities and counties to clear encampments. Cities across the country have and enforce laws against existing in public spaces.”

The dysfunction at hand is poised to become more relevant still as a result of the recent Supreme Court decision in City of Grants Pass v. Johnson. Formerly, under the earlier Martin v. Boise decision, cities were required to offer shelter to people before clearing an encampment. Flawed and riddled with loopholes as it was, even that meager protection has now been overturned. “With the Grants Pass decision, which removed a very limited hurdle to full-scale criminalization, I expect to see, and am already seeing, more aggressive criminalization and less pretense of finding shelter for people,” Raphling said. It’s worth noting that the ground was prepared for the Grants Pass ruling by model legislation, pro-criminalization propaganda and an amicus brief produced by the Cicero Institute, a right-wing think tank.

There are some signs that the direness of the crisis, and the longstanding concerns of advocates, have registered at the highest echelons of power. The Harris-Walz campaign released a policy platform that calls for constructing new housing, reducing corporate acquisitions of housing and stemming algorithmic price-setting in real estate; the latter is a significant contributor to escalating rents. Constructing affordable housing on a massive scale — the plan tosses out a figure of 3 million new homes — would certainly help alleviate some critical shortages.

“I think Harris’s proposals seem good. We need government support for building more affordable housing,” Raphling said. “I would want to see the details of how that is to be done. Is it through incentives to developers or would the government directly pay for construction? The takeover by corporate landlords is a big problem, so I’m glad she [Harris] is thinking about that. Obviously without seeing the specifics of how she would regulate them, I couldn’t comment on how effective I think she will be” as president.

However, as Boden pointed out, the platform’s tax incentives and financing proposals largely offer aid to prospective homebuyers and working renters, rather than the most destitute. “They have no intention of restoring the federal funding that was cut that created [the crisis],” he said. “Since ’94, we’ve destroyed over 518,000 units of public housing and over 360,000 units of Section 8 housing.”

Boden was referring to the long trend of defunding government housing, alongside welfare systems more broadly, which has been accompanied by the active destruction of affordable units in the name of “revitalization.” Demolition and urban renewal projects like the federally funded HOPE VI program have led to a steep decline in the nation’s supply of public housing. Boden went on, “We’re not addressing that … We’re putting people into the private market to address the housing needs of people that have no money.”

The Harris plans are, of course, campaign promises, not concrete policies, and the Democrats’ friendliness with capital might well extinguish these nascent professed sympathies. Still, the fact that the Harris-Walz campaign is citing new housing as the first plank in its platform, and that mayors of major cities called for affordable housing at the Democratic National Convention, attests to both the severity of the crisis and the decades of difficult, often thankless work performed by advocates like those at WRAP and elsewhere, who have fought to garner the issue the national spotlight it deserves. And other recent political efforts — like the affordable housing legislation introduced by Rep. Pramila Jayapal, the repeal of the Faircloth Amendment (which limits public housing) proposed by Rep. Ilhan Omar, and the Unhoused Bill of Rights that was furthered by former Rep. Cori Bush — are testaments to its increased visibility.

Tireless organizers have recited the refrain again and again: “Housing is a human right.” Perhaps some of their voices are finally being heard at high levels. Regardless, organizers and unhoused people alike can point to the mounting evidence of the cruelty of current policy, now reinforced by data in the Human Rights Watch report.

Boden agreed that it’s a good sign that the issue has been brought to the national stage. He remarked, “I’ve been doing this for 41 years … We’re still laying the bricks and building the foundation in order to change this. We’re still documenting oppression, as opposed to successes. We need to make sure that the message stays around. [Public awareness] of homelessness comes in spurts. But it doesn’t go away on the street. The sweeps don’t go away.”