America’s Serious Human Rights Wound Is Difficult To Heal

Published in Huanqiu
(China) on 28 May 2015
by Zhu Ying (link to originallink to original)
Translated from by Winnie Xiao. Edited by Bora Mici.
Is it possible for human rights violations to occur in America? Plenty of facts reveal that America has not only faced many human rights “crises” in the past, but also in the present.

Under the double influence of the American culture of violence and the flood of firearms, American citizens face the plight of the violation of their basic human rights. In 2013, more than 1.16 million cases of violent crime took place in the USA: Among them are as many as 14,196 cases of murder, manslaughter and negligent homicide.

Over the past five years, America’s 105 law enforcement departments have been involved in more than 1,800 cases of murder, and these cases all occurred during the law enforcement process. What’s more horrifying is that many of the U.S. law enforcement departments did not lawfully report the statistics of killings by police officers to the FBI. Yet, this action is protected by the 14th Amendment of the U.S. Constitution: “Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” Law enforcement officers should be conscientious and strict in enforcing laws; however, they are now causing “gray-area” human rights violations by using deadly weapons under the aegis of “appropriate legislation,” and even “appropriately” covering up some processes with CCTV “technological glitches.” The Ferguson case from Aug. 9, 2014 is still controversial, and this case has a direct relationship to the legislature’s weak response to the “gray-area” violence by white officers. In theory, the “due process of law” is the important principle in protecting human rights, but in reality, it is abused by law enforcers, thus becoming the “fig leaf” for “gray-area” violence.

The American government’s use of torture, communications monitoring and other various activities that violate human rights abroad are expanding abnormally. Since 9/11, America has been using “anti-terrorism” not only to provoke various wars on terrorism against independent states, but also to initiate large-scale “special programs” that after World War II would ultimately involve the violation of human rights. Until the end of 2014, the Guantanamo Bay Detention Camp still contained 136 prisoners. To obtain anti-terrorism intelligence, intelligence agencies, including the CIA, make use of sleep-deprivation, waterboarding, confinement and various other forms of torture; there are even severe cases where prisoners are violently thrown against walls, beaten to death, and fed rectal fluids.

At the same time, the PRISM surveillance program reveals that the American government exerts long-term, large-scale communications monitoring over U.S. citizens, international organizations, foreign government leaders and embassies. Why is the U.S. government, which promotes human rights, so terrifying outside of its borders? First, this is due to the Constitution’s lack of supervisory authority outside of its country; abroad, America’s power is a runaway horse, showing its wild side. American’s evasive attitude toward international human rights regulations is the second reason; America is passive in taking global responsibilities, thus its government has taken the chance of crossing boundaries and making human rights violation abroad “habitual.”

Racism is the unsolvable human rights “wound” in American society. To date, African-American and other minorities have to face society’s – dominated by whites – “selective alienation,” leading into an eager phase to search for equality. Under the aura of so-called “equality,” races in America are both critical and jealous of each other: Some African-Americans ask for priorities to social resources but neglect the fact that their skills are not as sufficient as those of their white counterparts; yet, some Caucasians believe that minorities have stolen their benefits, thus demanding a halt to “reverse discrimination.” In American society, internally, lots of forces are continuously fighting under the influence of the “equality anxiety effect.” Caucasian discrimination against African-Americans in the past has transformed into a battle with all American races, and this kind of battle causes many minorities to face unfair judgment calls on their basic rights.

America’s human rights violations are always “rising here and subsiding there;” on this critical issue, America needs to reflect on its mistakes and propose practical solutions.

The author is the director of the Center for Human Rights Education and Research of the Southwest University of Political Science.


 
美国的人权“危机事件”此起彼伏,理当多加反省,并拿出切实可行的解决方案  
  
美国会出现人权危机吗?大量事实告诉人们,美国不仅存在着大量的人权“危机事件”,而且这样的危机过去有,现在也有。

在美国暴力文化与枪支泛滥的双重影响之下,美国公民的基本人权正遭受危机。全美在2013年发生116万多起暴力犯罪案件,其中谋杀、误杀和过失杀人案件就高达14196起。

美国105个执法部门在过去的5年时间,至少发生了1800起执法者杀人案件,而这些案件都发生在执法过程之中。更为可怕的是,美国许多执法部门并未将警察在执法中杀人的数据如实上报联邦调查局。这就是掩饰在美国宪法修正案第十四条——“程序正当”条款之下的“灰色”暴力。执法者本应兢兢业业、严格执法,他们却通过“致命武器”的“合理”使用、实时监控视频的“技术性遗失”甚至采用谎报瞒报等诸多合乎“程序”的理由进行“灰色”人权侵害。2014年8月9日,发生在弗格森镇上的枪击案至今仍争议不断,其中与司法机关对白人警察的“灰色”暴力的苍白回应有着直接关联。理论上,“程序正当”条款是保障人权的重要宪法原则,却在现实中被执法者加以滥用,成为“灰色”暴力的遮羞布。

美国政府海外实施酷刑与监听等侵犯人权手段日趋常态。自“9·11”事件后,美国以“反恐”的名义,不仅发动了多场针对主权国家的“反恐战争”,同时也开启了自二战后最大规模海外侵犯人权的“特种项目”。截止到2014年底,关塔那摩监狱中仍关押着136名囚犯。中情局等情报机构为了获取反恐情报,使用了剥夺睡眠、水刑、长期单独幽禁等精心设计的酷刑手段,甚至发生了将囚犯头部猛力撞墙、抽打致死、“直肠补液”等骇人事件。

同时,“棱镜门”事件显示,美国政府对美国公民、国际组织、他国政府首脑、使领馆等实施了长期大规模信息监听。为何标榜人权至上的美国政府在其本土之外变得如此面目狰狞呢?一是美国宪法海外效力的监督机制缺失,在海外之地,权力就好像脱缰野马,展现出狂野的面目。二是美国对待国际人权法等国际条约的回避态度,消极承担国际责任,使得美国政府心存侥幸,屡屡越界,让海外侵犯人权的“特例”成为常态。

种族问题是美国社会一直无法愈合的“人权伤痛”。时至今日,美国的非洲裔和其他少数族裔不得不面对白人社会的“选择性疏远”,陷入一种“平等”之下却又渴望平等的焦虑状态。在所谓“平等”的光环之下,美国的各个族裔不乏相互叱责且相互妒忌的现象:一部分非洲裔民众要求在社会资源中被优先照顾,却又不顾及自身能力;而一些白人却认为少数族裔占了他们的便宜,搭了顺风车,要求停止“反向歧视”。美国社会内部,在“平等焦虑效应”的影响下,各种力量不断斗争。过去白人对非洲裔的种族歧视已经转变成今天美国各族裔之间的内斗,这样的内耗导致许多少数族裔群体在权利的基本保障中遭遇到不公正待遇。

美国理当对自身存在的种种人权问题多加反省,并拿出切实可行的解决方案。

(作者为西南政法大学人权教育与研究中心主任)
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