Human Rights Abuses in Mexico's "War on Drugs"

On November 9, Human Rights Watch (HRW) released a report describing the rise in human rights abuses in Mexico since President Calderon launched the war on drugs and organized crime five years ago. This new report, called Neither Rights Nor Security Killings, Torture, and Disappearances in Mexico's "War on Drugs", follows the surge in violence in five states resulting from the actions of both drug cartels and government actors. HRW reveals that the government's public security policy has led to an increase in human rights violations, rather than accomplishing its intended goal of restoring and guarding public safety.

Based on credible evidence, the authors have identified 170 cases of torture, 39 "disappearances" and 24 extrajudicial killings. Many of these human rights abuses involved security forces and often included attempts to cover up these events rather than launching proper investigations. Furthermore, Human Rights Watch identified an increased scale of human rights abuses. For example, 4,803 complaints of abuses by soldiers against civilians have been filed with the Mexico’s National Human Rights Commission between 2007 and 2010 (up from 691 complaints between 2003 and 2006). Decrying the impunity of these abuses, Human Rights Watch investigates the failure of the government, security forces, prosecutors and medical advisers to challenge these actions. While this report does not ignore the violence stemming from the drug cartel's activities, it strives to show how those who claim to protect Mexican citizens have failed to enforce standards of due process or to investigate many of the abuses perpetrated against their constituents. The report also addresses the failure of Mexico's Human Rights Institutions to effectively help those who have been detained or killed or to support their families and friends, ignoring the suffering and serious consequences of trauma in this population. Additionally, HRW critiques the societal discourse that frames abuses like torture and disappearances as targeting only those who were mixed up in organized crime, when that is not always the case. A shift in this discourse and the efforts to help the families of victims is needed for adequate pressure to be put on government and military forces to stop the abuses.

Click on this link for the press release: http://www.hrw.org/news/2011/11/09/mexico-widespread-rights-abuses-war-drugs.

If you would like to view the full report, you can download it here: http://www.hrw.org/reports/2011/11/09/neither-rights-nor-security-0.

Environmentalists Block Keystone XL Pipeline!

After months of following the debate over the Keystone XL pipeline, we are happy to write of a huge win for Americans and for the preservation of our environment. The Obama administration has announced that it will postpone any decision on the pipeline until after the 2012 election,. Many believe that this delay will essentially block the project from ever going forward. You can read more at the following link to the New York Times: http://www.nytimes.com/2011/11/11/us/politics/administration-to-delay-pipeline-decision-past-12-election.html?_r=1&hp.

This victory reminds us at Overbrook of the importance of philanthropic giving when Foundation's are faced with time-critical projects at tipping points for domestic environmental progress. However, the real credit for this win goes to environmentalists. We particularly applaud the tireless work of Overbrook grantee 350.org and its Tar Sands Action project. Tar Sands Action's Bill McKibben explains that six months ago almost nobody had heard of TransCanada or the Keystone XL pipeline. In the past months, activists have successfully brought this subject to the attention of many Americans by incorporating their research on the environmental ramifications and their concerns over the government's response into the public debate. To achieve this change, the Tar Sands Action and its partners have created a powerful movement through collecting online pledges against the pipeline, helping to organize last weekend's march at the White House, mobilizing legislators at the state and national levels and bringing together unlikely partners to join in the fight. We can't wait to see what this energized group tackles next!

The 2011 US Human Rights Fund's Human Rights Hero Award

At this week's United States Human Rights Fund Convening in Philadelphia, the Overbrook Foundation CEO and President Stephen Foster presented the Fund's first Human Rights Hero Award to activist, Jessica Lenahan. Ms. Lenahan receives this award to honor her extraordinary work promoting human rights and combating violence against women in the face of deep, personal tragedy.

In 1999, Jessica's estranged husband Simon Gonzales threatened and intimidated Jessica and her children, resulting in a judge's restraining order. Defying this restraining order, Mr. Gonzales kidnapped their three daughters from Ms. Lenahan's home. When Ms. Lenahan repeatedly sought help from the police to enforce the restraining order and subsequently to recover her daughters, they refused to help and even belittled her concerns. Tragically, this kidnapping ended with both the death of Mr. Gonzales during a shooting with the police and the uninvestigated murders of her daughters. Ms. Lenahan filed a lawsuit against the Town of Castle Rock for its unwillingness to protect her and her children despite the judge's restraining order.

In 2005, the United States Supreme Court decided that the police were not required to enforce the restraining order. Undeterred, Ms. Lenahan turned to the human rights community in her efforts to redress the injustice. Ms. Lenahan brought an appeal to the US Supreme Court's decision to the Inter-American Commission for Human Rights (IACHR). On August 17, 2011, this court ruled in favor of Ms. Lenahan, publically condemning the United States for failing to investigate Ms. Lenahan’s complaints, failing to investigate the circumstances of the deaths of her children and failing to hold law enforcement accountable for its responsibility to implement the law. This decision is documented in the IACHR’s press release.

Additionally, this powerful video of Jessica's story in her own words surpasses our ability to recount the speech presented at the Convening: http://www.youtube.com/watch?v=UvPtMCrl4J4&feature=youtube_gdata_player

Ms. Lenahan has used this decision to expand advocacy and public education efforts to improve services and legislation to protect women from domestic violence in the US. As a woman of Latina and Native American descent, she views her experiences as a part of a trend of the injustice and the denial of human rights that disproportionately affects women in this country, particularly women from low-income or ethnic or racial minorities. Despite the toll of her personal tragedy, she has become a "voice for the voiceless" in her efforts to protect all women, especially those women from the most vulnerable communities.

The Overbrook Foundation congratulates Jessica Lenahan and applauds her hard work to promote accountability from all levels of the United States government for human rights violations committed under their auspices.

Updates on the Keystone XL Pipeline

To continue our coverage of the Keystone XL pipeline, we want to share some new developments:

1) This past Sunday, thousands of Americans gathered outside of the White House to protest the Keystone XL pipeline and to demand that President Obama halt the plans for its construction. Overbrook supported groups such as 350.org and the NRDC successfully organized this mass protest to show the President and the country that many Americans do not want this project to go forward. With the hard work of these leaders and organizations, Washington and the American public can see the emergence of a strong group that opposes this plan and want to hold President Obama accountable for his campaign promises to protect the environment. Learn more and see footage from the protest from the Washington Post: http://www.washingtonpost.com/national/health-science/thousands-protest-at-white-house-over-oil-pipeline/2011/11/07/gIQAnAjCvM_video.html

2) Major news outlets have also reported the launch of a state department inquiry that will investigate potentially unethical relationships between policymakers and governmental agencies and those promoting the pipeline. Environmental groups and more than a dozen congress members have called for this investigation before the President makes his final decision on the Keystone XL project. For more information, The New York Times writes http://www.nytimes.com/2011/11/08/science/earth/inquiry-into-keystone-xl-pipeline-permit-process.html?hp

Keystone XL Fight Gets Personal

A Canadian company's fight to build the proposed Keystone XL pipeline is taking a decidedly personal turn.  TransCanada is suing dozens of landowners for access to their properties in order to build the pipeline.  But many of the property owners say they're not going down without a fight.

According to the New York Times, TransCanada -- acting through its U.S. subsidiary, Keystone -- has been ordering people to hand over their land, claiming eminent domain.  Yet the company doesn't actually have the green light from the U.S. government to start construction.  Regardless, TransCanada officials say they're still able to start securing land, which is exactly what they're doing to the chagrin of property owners along the pipeline's proposed 1,700-mile path.  A final decision from the State Department is expected by the end of the year; but a report claiming the project would have "minimal environmental impact" strongly suggests the State Department will give Keystone XL the go-ahead. 

The pipeline would cross through six states on its way from northern Canada to the U.S. Gulf Coast, carrying crude oil to refineries.  Supporters say it would be a boon for job seekers, and a source of security for those worried about foreign energy dependence.  But opponents -- including us here at The Overbrook Foundation -- are concerned about the environmental repercussions of Keystone XL.  The pipeline runs the risk of contaminating the Ogallala Aquifer, the source of water for more than a quarter of the nation's crops.  Critics are also worried about the devastating effects of extracting and burning heavy crude in Canada's oil sands.

The Overbrook Foundation invites you to check out Tar Sands Action, a project of 350.org, to learn more about the dangers the pipeline poses and what you can do to help.

To read the full article on the New York Times' website, click here.

Defending Women's Rights in Oklahoma

Another victory for one of our grantees, the Center for Reproductive Rights -- this time, in Oklahoma.  That's where a judge blocked a new law intended to reduce the number of abortions performed in the state.  Lawmakers passed the measure earlier this year, which would have prohibited doctors from prescribing drugs for off-label uses, including abortions.  Attorneys for Oklahoma argue the drugs should only be used in accordance with FDA guidelines.  But opponents contend drugs are often prescribed for uses other than those stated on their labels; and the bill puts vulnerable women at risk -- not to mention, undermines their constitutional rights.  The Center filed the lawsuit earlier this month, on behalf of the Oklahoma Coalition for Reproductive Justice, an abortion rights group, and Nova Health Systems, an abortion provider. Yesterday's temporary injunction prevents the measure from going into law next month.

"We are extremely pleased that women in Oklahoma will continue to have access to treatment options for pregnancy terminations that have been widely recognized as safe and effective by medical experts and organizations around the world," said Michelle Movahed, an attorney for the Center for Reproductive Rights. 

The Overbrook Foundation praises the Center for its ongoing commitment to protecting women's rights in the face of constant legal attacks.

To read the full press release on the Center for Reproductive Rights' website, click here.

Anti-Immigrant Law in Alabama

As one in a string of recent anti-immigrant laws in several US states, Alabama’s HB 56 has been decried as the harshest anti-immigrant law passed and enacted in our nation’s recent history. This law will increase instances of racial profiling and civil rights abuses since Alabamian law enforcement officers are required to ask anyone they suspect of being an undocumented immigrant for proof of citizenship papers. In addition, illegal immigrants cannot enter into a contract between private parties (i.e. sign a lease) or a contract between private individuals and the state (i.e. receive state-provided utilities). Legal challenges from the Department of Justice and several legal advocacy groups have led to judges’ blocking several of the law’s provisions from being enforced, including a provision that would criminalize harboring or transporting illegal immigrants. Most recently, the Court of Appeals for the 11th Circuit has the section of the law that would require schools to identify and record the citizenship statuses of their K-12 students. The court has also temporarily suspended the provision that makes it a state crime for individuals to travel without documentation of citizenship. While this was a victory for many in Alabama, these provisions had already led to the detention of some immigrants and many other harsh, restrictive regulations from HB 56 continue to be implemented in the state.

After hearing accounts from advocacy and legal organizations in Alabama, we have learned of many upheavals both inside and outside of immigrant communities. For some, this law has prevented them from going to work or attending school because of the risks of travelling without papers. For others, it has even pushed their families to flee the state in the middle of the night. Additionally, the impact of this law on the state’s economy has already been felt. Farms are missing employees, many of whom are undocumented, and these jobs do not seem to have widely appealed to the Americans who were supposed to take them. Activists are fighting this law and offering services to affected populations through advocacy campaigns, grassroots organizing, public education clinics and messaging to sway public opinion with economic and civil rights based arguments.

As a Foundation concerned with human rights in the US, we urge all of our readers to learn more about HB 56, the local ramifications of its implementation and the legal battles that surround it. The ACLU, an Overbrook grantee, has described its efforts against HB 56 and its assessment of the situation in Alabama at http://www.aclu.org/crisis-alabama-immigration-law-causes-chaos. Major news sources have also provided in-depth coverage of the progression of this discriminatory law.

2011 Nobel Peace Prize Winners and PBS's Women, War & Peace

The 2011 Nobel Peace Prize has just been awarded to Ellen Johnson Sirleaf, Leymah Gbowee and Tawakkul Karman “for their non-violent struggle for the safety of women and for women’s rights to full participation in peace–building work”. Congratulations to these women on their well-deserved recognition for important efforts to promote peace, gender rights, and democracy in Africa and the Middle East.

If you want to learn more about two of the prize recipients, Liberian President Ellen Johnson Sirleaf and Liberian peace activist Leymah Gbowee, you can watch their interviews and their stories in the second episode of Overbrook Grantee Thirteen’s upcoming series Women, War & Peace. This episode, Pray the Devil Back to Hell, examines the obstacles that female Liberian peace activists faced as they challenged Liberian warlords and the regime of dictator Charles Taylor during a violent civil war. These women and their partners are incredible leaders, who achieved an enormous victory for peace in 2003. The second episode premieres October 18, 2011.

On Tuesdays between October 11 and November 8, PBS will air its new five-part series, Women, War & Peace, which examines the position of women as influential leaders and activists in peace movements during brutal wars and their aftermaths around the world. The impact of the series will extend beyond initial viewers through the use of these videos and accompanying learning guides in classrooms across the country. Overbrook is proud to support this powerful series that brings stories of international gender rights to the attention of a broad U.S. audience.

Here is the schedule for those interested in viewing this powerful series:

Tuesday, October 11th - I Came to Testify (Bosnia - Narrated by Matt Damon)

Tuesday, October 18th - Pray the Devil Back to Hell (Liberia)

Tuesday, October 25th - Peace Unveiled (Afghanistan - Narrated by Tilda Swinton)

Tuesday, November 1st - The War We Are Living (Colombia - Narrated by Alfre Woodard)

Tuesday, November 8th - War Redefined (Overview - Narrated by Geena Davis)

Times for these broadcasts can be found in local listings. Also, check out the Women,War and Peace website for more information at www.womenwarandpeace.org. Hope you all can tune in on Tuesday!

Innocence Project Helps Free Wrongfully Convicted Man

A Texas man gets his first taste of freedom, after spending nearly 25 years behind bars for a crime he didn't commit -- and the Innocence Project, one of our grantees, led the charge for his release.  Michael Morton was convicted of beating his wife to death in 1986, and sentenced to life in prison.  But DNA tests now show he didn't commit the crime, and that in fact, a convicted felon was responsible for the murder.  The Innocence Project helps exonerate inmates, using DNA testing that often wasn't available when they were tried. 

Morton's story raises more concerns about the district attorney in his case, who was appointed by Gov. Rick Perry.  John Bradley wasn't the original DA who tried Morton -- but he's now accused of suppressing evidence that could have led to an earlier release.  And that's not all.  Bradley has come under scrutiny for his tenure as chairman of the Texas Forensic Science Commission.  During that time, the commission investigated the 2004 execution of Cameron Todd Willingham for the arson deaths of his three children.  Bradley refuted many of the findings that would have cleared Willingham of any wrongdoing, calling him a "guilty monster."  Bradley no longer heads the commission.  The Innocence Project originally filed the complaint about the case, which has drawn national attention.

The Overbrook Foundation applauds the Innoncence Project for its latest victory, leading to the release of a wrongfully convicted man, and for its ongoing commitment to criminal justice reform.

To read the full article in the Washington Post, click here.

Say No to Keystone XL

There have been some key new developments in the case of the Keystone XL tar sands pipeline.  According to a New York Times article this week, a round of emails is revealing a "warm and collaborative relationship" between lobbyists for TransCanada (the company building the pipeline) and the U.S. State Department.  Back in August, the State Department issued its final environmental report on the proposed pipeline, which could carry 700,000 barrels of oil from Canada to Texas.  The report found the pipeline would have "no significant impact" on the environment.  The Obama administration now appears poised to approve the project by the end of the year.

But critics are hoping the new evidence stops the U.S. government from giving the green light. An editorial published in the New York Times cites concerns which The Overbrook Foundation also shares: "the stripping of the Canadian boreal forest, the further carbon-loading of the atmosphere, and the threat to the Midwest's water supplies."  And the oil wouldn't necessarily be destined for domestic markets.  According to the editorial, six companies "have already contracted for three-quarters of the oil.  Five are foreign, and the business model of the one American company... is geared toward export."

It's for all the reasons that The Overbrook Foundation is supporting 350.org's campaign "Tar Sands Action," to stop the U.S. government's approval of the pipeline.  We're hoping we can continue to get the word out -- say no to the Keystone XL pipeline.

Fall Retreat

The Overbrook Foundation is pleased to announce that our Fall Retreat was a success -- largely due to a group of experts who presented at our Environment and Human Rights panels.

Our first round of speakers addressed food and sustainability issues in "'To Eat or Not to Eat:' Surviving in a Post Climate Change World."  The panel featured Martin Goebel of Sustainable Northwest, Paul Greenberg, author of Four Fish: The Future of the Last Wild Food, and Anna Lappe, author of Diet for a Hot Planet: The Climate Crisis at the End of Your Fork and What You Can Do About It.  Some of the highlights included talks on food migration, waste, climate change, and overfishing.

Our second panel, entitled "Criminal Justice and Human Rights," brought together leaders working at the intersection of those particular fields.  Those experts included Malika Saada Saar of the Rebecca Project for Human Rights, Wade Henderson of the Leadership Conference on Civil and Human Rights, and Margaret Huang of the Rights Working Group.  Most notably, the panel touched upon racial profiling, immigration reform, and the incarceration of women in the U.S.

To see more of their work, please click on the following links:

• "Wade Henderson puts a Black Perspective on Immigration Reform": http://www.youtube.com/watch?v=tR3hbWhFUks&noredirect=1
• Face the Truth: Racial Profiling Across America (a documentary produced by Breakthrough and the Rights Working Group): http://player.vimeo.com/video/15232640
• Rebecca Project on Sex Trafficking: http://www.youtube.com/watch?v=Fr--N1_5pco
• Fresh Air interview with Paul Greenberg: http://www.npr.org/2010/07/19/128512740/paul-greenberg-the-future-of-wild-fish
• "Making the Hard Journey to Trust" by Martin Goebel: http://www.sustainablenorthwest.org/media-room/press-releases/high-desert-museum-honors-j-martin-goebel-with-earle-a-chiles-award
• Anna Lappe discusses Diet for a Hot Planet: http://www.youtube.com/watch?v=4pJFLavQH_8

Thank you to all of our panel speakers for sharing their insight and expertise!  Their knowledge continues to inform The Overbrook Foundation's work in both its Environment and Human Rights programs.

Innocence Project Sets the Standard for Conducting Eyewittnes Lineups

A highly-anticipated report released today (and reported on in The New York Times) shows that the Innocence Project’s recommended procedures for conducting eyewitness lineups are more accurate than other methods. The report has significant implications for reducing wrongful convictions within the United States criminal justice system. Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of the 273 convictions overturned through DNA testing.

The report describes field studies conducted by the American Judicature Society, in collaboration with the Police Foundation, the Innocence Project, and the Center for Problem-Oriented Policing. The police departments of Austin (TX), Tucson (AZ), San Diego (CA), and Charlotte-Mecklenburg (NC) all participated in the research, which began in 2008. The officers collected detailed information on lineup procedures and outcomes to determine the most accurate methods.

Analysis of the data showed that double-blind sequential lineups — where the administering officer doesn’t know which person is the suspect, and the witness views one person or photograph at a time — produce fewer mistaken identifications than lineups that present all of the suspects simultaneously. The study also found that sequential lineups resulted in the same number of correct suspect identifications as simultaneous lineups.

Major Reproductive Rights Victory in Texas

A federal judge has blocked key parts of Texas' new abortion law, which would have been one of the strictest in the nation.  Overbrook Foundation grantee The Center for Reproductive Rights sued to overturn the measure, which Gov. Rick Perry (who's now leading the pack of Republican presidential nominees) called an "emergency item."  Earlier this summer, the Center filed a class-action lawsuit on behalf of Texas abortion providers, then requested a preliminary injunction.  The Center argued the law violated doctors' First Amendment rights by requiring them to deliver politically-motivated messages to female patients.  The measure would have forced doctors to show patients ultrasound images of the fetus before the abortion, and require patients to listen to the fetal heartbeat.  Patients could only opt out of seeing the images by signing a statement, declaring they had become pregnant through incest or sexual assault.   Yesterday, Judge Sam Sparks struck down both of these key provisions.  The ruling underscores the continuing need to fight for women's reproductive rights in states where they remain under attack.  For more details, click here.

New Jersey Leads the Way on Witness ID Reform

New Jersey's Supreme Court has ordered reforms in the use of witness identification as testimony in criminal prosecutions which will very likely have implications for reform across the states and federal judicial systems. Congratulations to The Innocence Project for laying the groundwork that has led to this very important court ordered reform

Work of the Innocence Project Challenges Reliability of Eyewitness IDs

Of the first 250 DNA exonerations achieved, 190 involved eyewitnesses who were wrong.

Many of those witnesses were as certain as they were wrong. “There is absolutely no question in my mind,” said one. Another was “120 percent” sure. A third said, “That is one face I will never forget.” A fourth allowed for a glimmer of doubt: “This is the man, or it is his twin brother.”

In November, the Supreme Court will return to the question of what the Constitution has to say about the use of eyewitness evidence. We should be grateful to the unrelenting efforts of The Innocence Project which has led the way in documenting the failure of eyewitness identification

Human Rights Victory after Defeat in U.S. Supreme Court

The ACLU has won a landmark case before the Inter-American Commission on Human Rights. The Commission determined that the U.S. had failed to protect the rights of a mother and her three deceased children, the victims of a horrific act of domestic violence. This victory dramatically demonstrates the potential for human rights advocacy within the U.S. to protect, defend and advance the rights of those unable to obtain justice in the U.S. court system.