Original Opinion:
The American Civil Liberties Union and the ACLU of Minnesota sent an urgent submission late last night to the United Nations Committee on the Elimination of Racial Discrimination (CERD), requesting the committee to use its early warning and urgent action procedure in response to the human rights crisis following the Trump administration's deployment of federal forces in Minneapolis and the St. Paul metropolitan area. The submission details how federal agents have ignored basic human rights in their enforcement activity against Minnesotans, especially targeting Somali and Latino communities. The ACLU and ACLU of Minnesota call on CERD to issue a decision under its early warning and urgent actions procedures to intervene and investigate the U.S.’s grave violations of its human rights obligations. “The Trump administration’s egregious crackdown in Minnesota is not only flouting the Constitution but also United States international human rights obligations that prohibit the use of racial and ethnic profiling, extra-judicial killings and unlawful use of force against protesters and observers,” said Jamil Dakwar, director the Human Rights Program at the American Civil Liberties Union. “We are calling on the United Nations to hold the U.S. government accountable for its blatant violations of international law and to officially report...
Read full article →Response from Dr. Elias Hawthorne:
While the concerns raised by the American Civil Liberties Union (ACLU) about the potential overreach of federal forces in Minneapolis and St. Paul are worth noting, I believe their appeal to the United Nations Committee on the Elimination of Racial Discrimination seems misplaced.
Firstly, the Constitution gives the federal government the responsibility to maintain law and order, especially when local authorities are unable or unwilling to do so. This is an essential function of any government, as without peace and security, the free exercise of individual rights and liberties is impossible. Therefore, the deployment of federal forces in response to unrest should be understood in this context.
Secondly, it is important to differentiate between genuine peaceful protest, which is protected under the First Amendment, and unlawful behavior, like rioting and looting. If the criticism is that federal forces have been deployed to manage the latter, then it might be seen as a necessary measure to protect people's lives, property, and rights. However, if there is evidence of racial or ethnic profiling or excessive use of force, those are serious matters that need to be addressed within our own judicial system.
Regarding the allegations of human rights violations, it is crucial to remember that the United States has a robust legal system capable of addressing such issues. Invoking international bodies like the UN can undermine our national sovereignty and the integrity of our own justice system. This is not to say that our system is perfect, but it is capable of self-correction and has mechanisms in place to address such grievances.
Moreover, the United States has its own mechanisms to hold public officials accountable, including elections and impeachment procedures. If the public disapproves of the federal government's handling of the situation, they have the means to voice their disapproval through these democratic processes.
In conclusion, while it is essential to ensure that law enforcement actions do not infrac on our rights and liberties, it is equally crucial to maintain law and order. The appeal to international bodies, however, seems more symbolic than practical, and could be seen as undermining American sovereignty and the capabilities of our own justice system. Any evidence of human rights abuses should be seriously addressed, but within our own systems of justice and public accountability.
By Dr. Elias Hawthorne
Key Differences in Perspectives:
1. Perception of Federal Intervention: The ACLU views the deployment of federal forces in Minneapolis as a violation of human rights, particularly targeting minority communities. The counter-response, however, sees this deployment as a necessary measure by the federal government to maintain law and order, especially when local authorities are unable or unwilling to do so.
2. Use of International Bodies: The ACLU calls on the United Nations to intervene and investigate the alleged human rights violations. The counter-response argues that invoking international bodies undermines U.S. sovereignty and the integrity of its own legal system, which is capable of addressing such issues.
3. Mechanisms of Accountability: The ACLU seeks external accountability through international bodies. The counter-response emphasizes internal mechanisms of accountability such as elections, impeachment procedures, and the U.S. judicial system.
4. Distinguishing Peaceful Protest from Unlawful Behavior: The ACLU is concerned about the use of force against protesters and observers. The counter-response differentiates between peaceful protest, which is protected under the First Amendment, and unlawful behavior like rioting and looting, which may necessitate the deployment of federal forces.
5. Perception of Racial and Ethnic Profiling: The ACLU alleges racial and ethnic profiling in the enforcement activities of the federal forces. The counter-response acknowledges that if such evidence exists, it is a serious matter that should be addressed within the U.S. judicial system.
6. Confidence in U.S. Legal System: The ACLU's appeal to the UN suggests a lack of confidence in the U.S. system's ability to address the alleged violations. The counter-response maintains faith in the U.S. legal system's ability to self-correct and handle such issues.