The effects of Arab Americans on the American Judicial System
History of Arab Americans
Arab Americans originated from twenty two countries in Asia and North Africa which had a similar heritage and language. The larger groups of the Arab Americans are Christians. However, the Muslim religion is the fastest growing in the Arab American community (Arab-American Markets, 2009). The first immigration was as a result of the Japanese competition which affected the Lebanese silk market and the diseases that affected their vineyards (Detroit Free Press, 2001). The next one started after the Second World War up to the present. Other Arabs came to the U.S. so as to seek for greener pastures. In the year 2001, it was estimated that the population of the Arab-Americans was four million (Arab-American Markets, 2009).
Arab-Americans live in most parts of America. However, they are more concentrated in Michigan, California and New York states. Most Arab Americans possess dual loyalties. Even though most of them are tied to their countries origins, several of them were born in America. The expression Truly Arab and fully American (Detroit Free Press, 2001), reflects their dual loyalties. A well known Arab-American is a former White House press corps dean, Helen Thomas (Detroit Free Press, 2001).The Arab group whether in America or any part of the world is considered as one nation. This is despite of the differences they may have on language, history or religion (Raanan, Mesner, Armes Martin, 1991).
Dialogue between the U.S. government representatives and the Arab American leaders
A meeting was held at Washington DC, between the Department of Homeland Security (DHS) Secretary Janet Napolitano and leaders of the Arab Americans, Sikh, Muslim and South Asian Americans in January 29, 2010. The leaders argued that the DHSs policies included those of ethnic, racial and profiling at the borders and the airport on religious grounds. As a result of the meeting, the leaders were given the freedom to participate in anti-violence forums and were also to receive quarterly and regular meetings with the secretary. These community believers were satisfied at the end of the meeting. This is because they believed in an authentic and open dialogue between the Muslim and the DHS (Arab American Institute, 2010).
A similar meeting was held in the year 2003.The Attorney General Holder held a meeting with the same leaders to discuss on several policies which were considered as controversial. These policies concerned ethnic, religious and racial issues. The racial discrimination was demonstrated at the border and the airports. The Arab Americans had lost trust in the governments credibility and trust (Arab American Institute, 2010).
The Middle-East effects to the Arab Americans
There has always been conflict between Israel and the Arab countries, and also within and between Arab countries. The Middle-East conflict has affected the Arab-Americans greatly. This is because, even when Arabs are far away from each other, they still keep their close family ties intact. Most Arab Americans have immigrated to the U.S. in recent years. Therefore, they are always interested in the Middle East news. In addition, escapism from the Middle-East conflicts was the reason why most of the Arab-Americans fled from their original homelands. Therefore, the Arab-Americans are affected by the Middle-East, even when they are in the U.S. (Detroit Free Press, 2001).
There are several recurrent and salient themes in the Arab people. The themes are as a result of the Arab community being placed as a minority. These themes include leadership, centralization, federalism, democratization, and search of equality. The themes are especially significant in the Arab people when they migrate to other countries (Rienner L, 1999).
Hate crimes of the Arab Americans
The Arab Americans have several times experienced hate crimes and all sorts of discrimination. The American Arab Anti Discrimination Committee (ADCRI) has been periodically publishing reports on discrimination and hate crimes to attack the Arab American community. Following the attacks against the U.S. on September 11, the hate crimes and illegal discrimination became more rampant and intense. A government campaign on a new national security was launched so as to attack the Muslim-American and the Arab-American community. There were several Federal Bureau Investigations (FBI) interviews on young Arabs and Arab-American men which involved secret hearings and detentions by the Immigration and Naturalization Service (INS).These activities added to great hostility and fear, great emotions of isolation and anxiety to the Arab Americans. Additionally, the Department of Justice (DOJ) agencies and the INS were given greater powers of targeting the Arab American, Arabs and Muslim immigrants. Reinforcement of this kind of institutionalized discrimination was as a result of the legislation of the USA patriot act, the decline of civil rights and abuse of power by the government (Ibish Stewart, 2003)
Disproportionate focus and discriminatory policies on the Arab American community encouraged racism from the public. There were several reports on hate crimes against property and persons in the nine weeks that followed the 911 September attacks. ADCRI confirmed that there were over seven hundred incidents which targeted the Arab Americans, or those who were believed to be Arab Americans (Ibish Stewart, 2003). There was a wave of attacks on racist grounds based on the peoples religion and appearance. This encouraged xenophobia and racism. Arabs, Muslims and Sheikhs were shot in different parts of America. Since Islam is associated with the Arab communities, several mosques were firebombed and shops were looted. Harassment and intimidation led to the closure of schools (Study of Islam section, 2001)
Irene Khan, the 2001 Amnesty International Secretary General had a lot to say about the atrocities committed against the Arab American Community. The U.S. government used the war on terrorism so as to introduce measures which limited the civil liberty of the Arab Americans. These measures were passed through the American judicial system .The U.S. government introduced measures which allowed the detainment of immigrants even if there was no offence directed to them. Such measures only curtailed basic freedom and brought about hatred in the communities. The human rights activists observed that justice had to be given according to the rule of law. They claimed that all the accusations hurled against the suspects were supposed to be in accordance to the standards which were recognized internationally on fair trial procedures (Study of Islam section, 2001)
As a result of the human atrocities subjected to the Arab American community after the September eleven attacks, international accountability was called for. The Human Rights Activists blamed the U.S. government for their failure to ratify the International criminal court and broadening its jurisdiction. They also insisted that the U.S. government needed to consider the courts establishment (Study of Islam section, 2001).
Changes that occurred in the Judiciary based on multicultural issues
In a bid to enforce law on immigration policies after the September eleven attacks, there were secret detentions, hearings and deportations in many correctional facilities in the U.S. An unknown number of Arab American men were detained. Importantly, the majority of the detainees were not suspected or accused to be members of the Al Qaeda involvement or even accused. Most of the detainees also had no knowledge of terrorism. This was a draconian measure which was used by the American government. A Palestinian man was arrested and deported because he had not changed his address to the INS. This law was however previously not enforced. Several human rights bodies, including the Amnesty International demanded to know the number of the Arab American detainees that were held (Ibish Stewart, 2003).
In 2002, Federal district court judge, Gladys Kessler demanded that the government had to comply with the human rights organizations and release the detainees names. The organizations stated that there was no difference between jail and detention. The secret detentions were accompanied by secret hearings (Ibish Stewart, 2003). The U.S. Department of Justice claimed that it had heard over six hundred hearings since the 911 attacks. An unknown number faced deportation following the secret hearings and detentions. In one case, the government of U.S. chartered a plane so as to deport a large group of Pakistan Arab-Americans. A well known case was that of an Arab American Muslim Community leader in Detroit. He was detained for a long time without any credible evidence for his detention. The reasons for his detention were that he had overstayed his visa. All the assets of the Islamic Charity that he had co-founded were frozen on the day he was arrested (Ibish Stewart, 2003).
Seizure of property from the Arab Americans and the Muslims was another effect on the criminal justice of the American Judicial system. In several instances, Islamic charities were seized as they were believed to be handy in supporting terrorist attacks. The Arab Americans were not accused of anything. The individuals were therefore forced to prove that their property was not part of the terrorists involvement, which was proved otherwise by the government. Such cases were very sensitive, and they ended up in the civil courts (Ibish Stewart2003).
Operation TIPS and Citizen Vigilance program is rated as one of the most serious governments security response to the 911 attacks. This was a proposal which was meant to refer all suspected individuals to the higher authorities. The groups goal was to enlist over one million civilians who could assist in reporting suspicious activities of their colleagues at work. A good example of cases of Arab Americans being subjected to this policy was a seventeen hour search which involved three Arab American Medical Students on Florida Highway. The three were apprehended because of laughing at September 11. The three were also accused of planning to attack Shoneys restaurant Located in Calhoun, Georgia. The three medical students were released after being found innocent (Ibish Stewart, 2003).
There were restrictions against the FBIs use of law enforcement for Domestic Intelligence Gathering. However, on the wake of the 911 attacks, the policy was revived in a bid to counter terrorism. In 2002, several Arab Americans and Muslims were subjected to close monitoring of their communications in regard to internet activity and phone communication. Any of the communications which were found to be suspicious on terrorist attacks resulted to detention (Ibish Stewart, 2003).
On November 13, 2002, President Bush introduced a directive known as the Military tribunals. This directive allowed the government to try all nationals who were suspected of terrorist attacks, rather than being tried in civilian courts. The directive had no time limit, and had no formal Congressional war declaration. Clearly, the formation of the Military tribunal was seen as an encroachment on the judicial system and the authority of the Congress. A military tribunal was seen as being unfair to the Arab Americans as it violated their human rights (Ibish Stewart, 2003).
Lastly, all the conversations between detainees and their attorneys were banned. On October 31, 2001, John Ashcroft, an Attorney General offered regulations that permitted the government to eavesdrop on all communications between the attorneys and the detainees. These included clients who had not been charged with any crime. This regulation violated the Sixth Amendment of the Americas judicial law (Ibish Stewart, 2003).
Conclusion
The effects of the Arab American community on the American Judicial System were fuelled by the terrorism attacks in September eleven 2001. The multicultural issues in the criminal justice were however seen to violate the rights of most Arab Americans. There is need to improve the relationship between the Arab American community and the law enforcement procedures. Arab Americans have focused more concern on victimization by Federal practices and policies than the acts of violence and harassment (U.S. Department of Justice, 2007). All the same, when the Arab Americans and the American government discuss the best policies to be used so as to improve relations, a better community understanding will exist.
Categories:
0 comments:
Post a Comment