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Feminist scholars to Obama: End prosecution of Palestinian survivor of sexual torture

Originally published in The Electronic Intifada
Sign petition here: http://www.iacenter.org/rasmeaodehpetition/
Learn more about the Nov 4th Court Action in Detroit.

Feminist scholars to Obama: End prosecution of Palestinian survivor of sexual torture

10708529_866559093356974_8244619295410734892_oBetween 1969-1979, Rasmea Odeh served ten years in an Israeli prison. Her sentence was based on a confession she made in the midst of 45 days of sexual and physical torture while in detention. Following her release, she was exiled from her Palestinian homeland and eventually immigrated to the United States from Jordan in 1994 as a legal resident where she tried to put her memories of torture behind her. She later became a naturalized citizen.

In the US, Rasmea settled in Chicago where she became the associate director of theArab American Action Network, a social service and community organization. There, she established the Arab Women’s Committee, a grassroots collective that promotes leadership among Arab immigrant women, challenges systems of oppression that impact Arab women’s lives and secures a positive and safe political, economic, social, and cultural environment for Arab women and their communities. In 2013, the Chicago Cultural Alliance granted Rasmea its Outstanding Community Leader Award in recognition of her devotion of “over forty years of her life to the empowerment of Arab women.”

Now, Rasmea is being persecuted again for not giving account of her time in jail after her torture 45 years ago on her naturalization application in 2004.

On 22 October 2013, the US Department of Justice arrested Rasmea Odeh at her home in the Chicago Suburbs. The Department of Justice alleges that Odeh failed to disclose on her naturalization application that she had served time in Israeli jail – even though her sentence was based on a confession she made in the midst of weeks of torture. Rasmea faces up to ten years in US prison, fines up to $250,000 and potential deportation and de-naturalization.

The Israeli state avoids any blame for the politically motivated abuse and imprisonment of Rasmea. The criminal charges she faces for alleged immigration fraud in the US are also politically motivated. They are based upon naturalization papers she filed ten years ago in 2004 and sprang from an illegal federal investigation of 23 Palestinian and anti-war activists that violates First Amendment rights.

They are also connected to a long history of federal authorities using fear and repression to silence Palestinian-American activists and intimidate immigrant women from participating in social justice movements.

Rasmea Odeh has suffered enough already. When the Israeli military arrested her, they also arrested her family members shortly after her arrest and destroyed her family’s home. Odeh’s 1969 conviction in Israel was determined by a court system that systematically abuses Palestinians’ due process rights, has a record of torture and sexual abuse of Palestinian women, men, and children, and convicts Palestinians at a rate of 99.74 percent.

As feminist scholars, we call on the Department of Justice to drop the charges against Rasmea Odeh. We extend our deepest support to Rasmea in the face of injustice. We recognize her as a leader in the international struggle to empower women and end violence against women. We recognize the pain and suffering she endured in Israeli prisons and we honor her for testifying before a United Nations Committee in Geneva as a survivor of sexual torture.

We honor her decades of feminist activism on behalf of Arab and Muslim immigrant women living in poverty in Chicago. Rasmea built the Arab Women’s Committee and its base of nearly six hundred Arab immigrant women from scratch when she went door to door as a recent immigrant herself and made phone calls to households with Arabic names from the white pages.

She developed an infrastructure for disenfranchised Arab immigrant and refugee women to obtain social services and support and she established English as a second language courses through which immigrant women perform plays, write their immigration stories and form deep friendships, sisterhood, and solidarity.

Because of Rasmea’s work, immigrant and refugee women who came to the US from countries facing war and political crises – like Iraq, Palestine, Yemen, Syria, and beyond – now have a place to seek support, gain empowerment and community and call their home.

Rasmea’s story encompasses some of the most urgent feminist struggles of our times – violence against women and the use of sexual violence as a tool of colonization and war; the impact of racism and anti-immigrant policies upon women; the criminalization of women of color; and the use of intimidation to thwart feminist activism.

Rasmea’s trial is set to begin 4 November 2014, in Detroit, Michigan.

We call upon all feminist movements to stand with gender justice and centralize Rasmea Odeh’s struggle within all of our movements.

We call upon President Obama and the United States Department of Justice to drop the charges against Rasmea Odeh.

  1. Sarah Abboud, Post-Doctoral Fellow, University of Pennsylvania
  2. Stéphanie Latte Abdallah, Researcher, CNRS (IFPO)
  3. Diya Abdo, Associate Professor, Guilford College
  4. Rabab Ibrahim Abdulhadi, Associate Professor, San Francisco State University
  5. Lila Abu-Lughod, Professor, Columbia University
  6. Fida J. Adely, Associate Professor, Georgetown University
  7. Jocelyn Ajami
  8. Nadje Al-Ali, Professor, School of Oriental and African Studies (SOAS)
  9. Dina Al-Kassim, Associate Professor, University of British Columbia, Vancouver
  10. Deborah Al-Najjar, University of Southern California
  11. Lori Allen, Lecturer, School of Oriental and African Studies (SOAS)
  12. Paul Amar, Associate Professor, University of California, Santa Barbara
  13. Anjali Arondekar, Associate Professor, University of California, Santa Cruz
  14. Barbara Aswad, Professor Emerita, Wayne State University
  15. Sa’ed Atshan, Postdoctoral Fellow, Brown University
  16. Elsa Auerbach, Professor Emerita, University of Massachusetts Boston
  17. Kathryn Babayan, Associate Professor, University of Michigan, Ann Arbor
  18. Paola Bacchetta, Associate Professor, University of California, Berkeley
  19. Joanne Barker, Professor, San Francisco State University
  20. Janet Bauer, Associate Professor, Trinity College
  21. Leila Ben-Nasr, Ohio State University
  22. Sherna Berger-Gluck, California State University, Long Beach
  23. Amahl Bishara, Assistant Professor, Tufts University
  24. Elizabeth Bishop, Associate Professor, Texas State University
  25. Jennifer Brier, Associate Professor, University of Illinois at Chicago
  26. Victoria Brittain, Journalist and Author
  27. L.M. San Pablo Burns, Associate Professor, University of California, Los Angeles
  28. Louise Cainkar, Associate Professor, Marquette University
  29. Piya Chatterjee, Scripps College
  30. Julia Chinyere Oparah, Professor, Mills College
  31. Andreana Clay, Associate Professor, San Francisco State University
  32. Maria Cotera, Associate Professor, University of Michigan, Ann Arbor
  33. Ephrosine Daniggelis
  34. Angela Davis, Distinguished Professor Emirita, University of California, Santa Cruz
  35. Lara Deeb, Professor, Scripps College
  36. Christine Taitano DeLisle, Assistant Professor, University of Illinois at Urbana- Champaign
  37. Gina Dent, Associate Professor, University of California, Santa Cruz
  38. Lisa Duggan, Professor, New York University
  39. Zillah Eisenstein, Distinguished Feminist Scholar, Ithaca College
  40. Omnia El Shakry, Associate Professor, University of California, Davis
  41. Nada Elia, Independent Scholar
  42. Hoda Elsadda, Professor, Cairo University
  43. Anita Fábos, Associate Professor, Clark University
  44. Roderick Ferguson, Professor, University of Illinois at Chicago
  45. Ellen Fleischmann, Professor, University of Dayton
  46. Cynthia Franklin, Professor, University of Hawai’i
  47. Rosa Linda Fregoso, Professor, University of California, Santa Cruz
  48. Nancy Gallagher, Research Professor, University of California, Santa Barbara
  49. Ruth Wilson Gilmore, Professor, Graduate Center, City University of New York
  50. Sherna Berger Gluck, Emerita Faculty, California State University, Long Beach
  51. Layla Azmi Goushey, Assistant Professor, St. Louis Community College
  52. Marame Gueye, Associate Professor, East Carolina University
  53. Elena Gutiérrez, Associate Professor, University of Illinois at Chicago
  54. Elaine C. Hagopian, Professor Emerita of Sociology, Simmons College
  55. Sondra Hale, Research Professor, University of California, Los Angeles
  56. Hala Halim, Associate Professor, New York University
  57. Najla Hamadeh, Independent Researcher
  58. Michelle Hartman, Associate Professor, McGill University
  59. Nadia Hijab, Author and Human Rights Advocate
  60. Grace Kyungwon Hong, Associate Professor, University of California, Los Angeles
  61. LeAnne Howe, Professor, University of Georgia
  62. Constantine Inglessis
  63. Jacqueline Khayat Inglessis
  64. Joyce Inglessis
  65. Bushra Jabre, The Johns Hopkins Bloomberg School of Public Health
  66. Lynette Jackson, Associate Professor, University of Illinois at Chicago
  67. Amira Jarmakani, Associate Professor, Georgia State University
  68. Suad Joseph, Distinguish Research Professor University of California, Davis
  69. Mohja Kahf, Professor, University of Arkansas
  70. Ronak Kapadia, Assistant Professor, University of Illinois at Chicago
  71. J. Kehaulani Kauanui, Associate Professor, Wesleyan University
  72. Laleh Khalili, Professor, School of Oriental and African Studies
  73. Sharon Heijin Lee, Assistant Professor/Faculty Fellow, New York University
  74. Pardis Mahdavi, Associate Professor, Pomona College
  75. Lisa Suhair Majaj, Writer and Editor
  76. Jean Said Makdisi, Writer
  77. Harriet Malinowitz, Lecturer, Ithaca College
  78. Rania Masri, Associate Director, American University of Beirut
  79. Victor Mendoza, Assistant Professor, University of Michigan, Ann Arbor
  80. Hasna Mikdashi, Arab Women’s Studies and Research, NOUR, Cairo
  81. Maya Mikdashi, Mellon Postdoctoral Fellow, Rutgers University
  82. Minoo Moallem, Professor, University of California, Berkeley
  83. Chandra Talpade Mohanty, Distinguished Professor, Syracuse University
  84. Scott L. Morgensen, Associate Professor, Queen’s University
  85. Norma Claire Moruzzi, Associate Professor, University of Illinois at Chicago
  86. Susan Muaddi Darraj
  87. Nadine Naber, Associate Professor, University of Illinois at Chicago
  88. Margo Okazawa-Rey, Professor Emerita, San Francisco State University
  89. Jennifer Olmsted, Professor, Economics, Drew University
  90. Geeta Patel, Associate Professor, University of Virginia
  91. Suvendrini Perera, Professor, Curtin University
  92. Jasbir Puar, Associate Professor, Rutgers University
  93. Michelle Raheja, Associate Professor, University of California, Riverside
  94. Aneil Rallin, Associate Professor, Soka University of America
  95. Barbara Ransby, Professor, University of Illinois at Chicago
  96. Robin L. Riley, Assistant Professor, Syracuse University
  97. Eleanor Roffman, Professor Emerita, Lesley University
  98. Judy Rohrer, Assistant Professor, Western Kentucky University
  99. Rachel Rubin, Professor, University of Massachusetts Boston
  100. Rosemary Sayigh, Researcher and Visiting Professor, Center for Arab and Middle East Studies, American University of Beirut.
  101. Susan Schaefer Davis, Independent Scholar
  102. Laurie Schaffner, Associate Professor, University of Illinois at Chicago
  103. Malini Johar Schueller, Professor, University of Florida
  104. Sarita See, Associate Professor, University of California, Riverside
  105. May Seikaly, Associate Professor, Wayne State University
  106. Sima Shakhsari, Assistant Professor, Wellesley College
  107. Simona Sharoni, Professor, State University of New York, Plattsburgh
  108. Setsu Shigematsu, Associate Professor, University of California, Riverside
  109. Irene Siegel, Assistant Professor, Hofstra University
  110. Andrea Smith, Associate Professor, University of California, Riverside
  111. Samera Sood
  112. Ahdaf Soueif, writer
  113. Rajini Srikanth, Professor, University of Massachusetts Boston
  114. Maria Francesca Stamuli, National Library of Naples
  115. Neferti X. M. Tadiar, Professor, Barnard College
  116. Kim TallBear, Associate Professor, University of Texas, Austin
  117. Sunera Thobani, Associate Professor, University of British Columbia
  118. Miriam Ticktin, Associate Professor, The New School for Social Research
  119. Judith E. Tucker, Professor, History, Georgetown University
  120. Karyn Valerius, Associate Professor, Hofstra University
  121. Sherry Vatter, California State University, Long Beach
  122. Maurice L. Wade, Professor, Trinity College
  123. Lee Ann Wang, Assistant Professor, University of Hawaii
  124. Jessica Winegar, Associate Professor, Northwestern University

Justice for Rasmea Odeh

(Editors’ Note: To learn more about Rasmea Odeh’s case, listen to an engaging interview with Nadine Naber on KPFA)

by Nadine Naber
(originally published at Middle East Research and Information Project)

This past wintrasmeaodeher, I was privileged to participate in several events in Chicago organized by Rasmea Yousef Odeh, associate director of the Arab American Action Network and leader of that group’s Arab Women’s Committee. The events brought together anywhere from 60-100 disenfranchised women, all recent immigrants, from nearly every Arabic-speaking country. The attendees were there to learn English, share meals and stories, and discuss personal struggles, in everything from marriage and parenting to navigating the US educational and medical industries and the US immigration system. The women also talked about fending off racism. Together, they developed solutions for their own lives.

One event I attended was a celebration of International Women’s Day, at which immigrant women performed a play that Rasmea Odeh had written. The play focused on several generations of women in an extended Arab immigrant family who grappled with gender-related struggles both in the family and in American society with recourse to their loving but often tense connections with one another. The audience was engrossed, laughing and commenting throughout the performance, perhaps because they rarely see their own life struggles thus affirmed in America. Rarely, in fact, do they see humane, nuanced representations of Arab women’s lives at all.

After the play, attendees listened to music and celebrated their own accomplishments. Several women were from countries like Yemen and Iraq and had come to the United States without knowing a word of English. They could now read and write. Odeh asked each of her students to bring something they had written in English to be read out loud. The first woman stood up and read: “I love my teacher.”

As the event went on, women spoke over and over about the affection and gratitude they felt toward Rasmea Odeh for touching and transforming their lives and making such a beautiful space possible. I then understood why scores of women were attending each class, workshop or event — even though they were under no obligation to do so and even though many had to walk by themselves through a polar vortex snowstorm (in Chicago, no less) to get there.

I could not help but recall the scenes at the Arab Women’s Committee events some months later, in May, at a historic Chicago conference in commemoration of the 1964 Freedom Summer, when civil rights icon Angela Davis insisted that every social justice activist in the US embrace solidarity with Palestine and the movement demanding that the US government drop its charges against Rasmea Odeh.

Charges? What charges? Why would the US government want to prosecute this 67-year old Palestinian-American community activist and teacher?

On October 22, 2013, also in Chicago, Department of Homeland Security agents arrested Odeh. She was subsequently indicted on one charge of unlawful procurement of naturalization, and released the same day on a $15,000 bond. The US government accuses Odeh of failing to answer a question truthfully on her naturalization application ten years ago in 2004. She is scheduled to stand trial in a Detroit federal court starting on September 8, 2014. If convicted, she could face up to ten years in prison and fines up to $250,000. She may also be deported and have her US citizenship revoked after the potential prison sentence is served. From national call in-days to student protests, petitions and mobilizations to pack the courtroom, a campaign to support Odeh has gained massive support.

US officials say they are after Odeh for immigration fraud. The Department of Justice alleges that Odeh failed to disclose on her naturalization application that she had served time in Israeli jail — even though her sentence was based on a confession she made in the midst of 45 days of sexual and physical torture while in detention. In addition, Odeh’s 1969 conviction in Israel was determined by a court system that systematically abuses Palestinians’ due process rights and convicts Palestinians at a rate of 99.74 percent. The Israeli military justice system that is applied to occupied Palestinians, in fact, has itself been found to be in immense violation of international law — from the lack of protections against torture and rape while in custody to the simple fact that virtually no Palestinian walks away free from an Israeli trial. The Israeli state also unlawfully imprisoned and tortured Odeh’s family and destroyed her family home soon after her arrest.

Odeh’s release from Israeli jail was followed by exile to Jordan and immigration to the US. Living in Michigan and Chicago since 1994, she has worked at the Arab American Action Network since the mid-2000s and led the Arab Women’s Committee, one of the most successful empowerment programs for Arab immigrant women living in poverty. For this service, Odeh received the Mosaic Award for Outstanding Community Service from the Chicago Cultural Alliance. Thanks to her leadership, the Arab Women’s Committee now has a base of nearly 600 Arab immigrant women and does much more than the typical social service program. Women may obtain language training and other services, but they also come to find emotional support, genuine human interaction, artistic and writing activities, political discussion and debate, and a level of solidarity otherwise absent from their lives.

The question remains: Why is Rasmea Odeh being prosecuted, and why now, for an alleged infraction that is a full decade old? Analysts connect her arrest with many previous US government campaigns against Palestinian-American activists and their supporters. Under the Nixon administration, there was Operation Boulder. The case of the Los Angeles Eight outlasted three (and almost four) presidents before it was finally set aside. Since the September 11, 2001 attacks, there has been increased spying, profiling and infiltration of Arab and Muslim communities and there have been prosecutions for sending charitable aid to Palestinians, as in the case of theHoly Land Five.

In all of these cases, as in Odeh’s, what the US government considers suspect is connected to what Palestinian-Americans and their supporters are permitted to say about Israel — and to Israel’s own systems of militarism, surveillance, repression and incarceration. There may also be a connection between Odeh’s indictment and the 2010 FBI raids targeting 23 anti-war and Palestine solidarity activists in the Midwest. And Palestine Solidarity Legal Support responded to more than 100 more incidents in 2013 alone. These incidents involve not only extra government scrutiny but also all sorts of intimidation and bullying. The Odeh indictment may also be related to the US government’s Controlled Application Review and Resolution Program, which delays and denies naturalization applications of members of Arab, Middle Eastern, Muslim and South Asian communities, solely on the basis of religion, ethnicity and/or national origin.

But again, why Rasmea Odeh, and why now? Why now, when so many Arab immigrant women in Chicago are celebrating their personal successes in America partly due to Odeh’s remarkable leadership? Why now, when the Palestinian struggle, typified by the boycott, divestment and sanctions movement, is growing faster than ever before in Chicago and across the US?

We may never really know why, but this much is clear: The federal government is using immigration infractions as a political tool to target Rasmea Odeh with criminal charges. The circumstances of her case are especially aggravating: 1) Israel tortures and sexually assaults Palestinians like Odeh as a means of facilitating the colonization of Palestinian land; 2) the US is complicit going back decades in Israeli war crimes and violations of international law; and 3) the US is now excavating the naturalization papers of a 67-year old survivor of sexual torture in order to brand her as a criminal.

These circumstances are why the streets of Detroit will be filled and the courtroom packed on September 8. From now until then, the collective voice of those whose lives Rasmea has touched, and the growing number of others who support her, will continue to demand: Drop the charges now!

For more information on this case and how to support Rasmea Odeh, see here and here.

Free Palestine is a Feminist Issue

“I was more than terrified,” [Sena Alissa] says while holding her newborn baby girl in a bed in Gaza City’s struggling al-Shifa hospital, 20 minutes from Nuseirat. “I’m giving birth in war.” (source)

The latest Israeli attack on occupied Palestine in the form of an ongoing military assault on the people living in the Gaza Strip has made an already unbearable situation much more devastating.  Women, children, and elders represent the majority of the hundreds of people who have lost their lives.  The assaults are a form of reproductive violence by creating conditions that increase miscarriages, pre-term labor, and stillbirths.  Israel is currently targeting sewage systems, worsening an existing water crisis created by the Israel blockade of supplies to Gaza, and depriving hundreds of thousands of Gaza residents of clean water.  Free Palestine is, and always has been, a feminist issue.

People around the world are mobilizing direct actions to denounce Israel’s brutal violence and ongoing occupation.  Here’s a list of convergencesBelow is INCITE!’s statement of endorsement of the movement for Boycott, Divestment, and Sanctions against Israel, framing the occupation with a race & gender analysis. 

INCITE_BDS_Page_1 INCITE_BDS_Page_2

Here are handouts: PDF, JPEG Front, JPEG Back
The statement is in text below.  Also visit this call from ASWAT to LGBTQ organizations to take action against the bombing of Gaza civilians. And download and place stickers or bookmarks where you see items that should be boycotted.  TAKE ACTION!

INCITE! endorses the Palestinian call for BDS—Boycott, Divestment, and Sanctions for Palestine because…

  • Israel is a settler colonial state founded on the ethnic cleansing of 80% of the indigenous Palestinian people…
  • And because Israel considers Palestinian women a “demographic threat,”…
  • And because one in four women in Gaza, and 4 in 5 children there, are undernourished…
  • And because the siege on Gaza was described as “catastrophic” and a “prelude to genocide” even before the latest murderous assault…
  • And because Amnesty International, the International Committee of the Red Cross, and a UN-commissioned independent report have concluded that Israel’s offensive in Gaza amounted to “crimes against humanity”…
  • And because the restrictions imposed by Israel have resulted in a 58% increase in miscarriages among Palestinian women in the West Bank in a single year…
  • And because Israel celebrates the declining Palestinian birth rate as a success, while encouraging Jewish women to have more children…
  • And because Israel promotes itself as a haven for gay people, while barring queer Palestinians from participating in Pride day celebrations…
  • And because Palestinian children are arrested by Israeli soldiers with no right to due process, and are imprisoned without any charges against them…
  • And because our tax dollars are used, against our will, to create a living hell for Palestinian women and their families…
  • And because, since 2000, nearly 6500 Palestinians have been killed, including over 1400 children, and 40,000 have been injured…
  • And because, since 2000, 20,000 Palestinian homes have been demolished to allow for Israeli “natural growth,”…
  • And because Israel has resisted all official attempts to force it to comply with international law and end its violation of Palestinian human rights…
  • And because Israeli control and domination of the geographic terrain and resources of Palestine deny Palestinian families the right to free mobility, clean water, food, and other basic living necessities…
  • And because reports of torture and sexual violence of Palestinian men and women political prisoners and detainees violate international human rights law…
  • And because Israel’s entrenched system of discrimination and segregation constitutes an apartheid system as harsh as South Africa’s old system…
  • And because the global Boycott, Divestment, and Sanctions movement played a major role in ending apartheid in South Africa, and is the model and inspiration of the Palestinian people today…
  • And because Palestinian civilian society, not their corrupt “leaders,” is calling upon the international community to show its solidarity and support by engaging in a similar consistent and comprehensive movement…

We can support the Global BDS movement by engaging in boycotting Israeli products everyday.

For more info on the global BDS movement, please visit:
http://www.bsdmovement.net/
http://usacbi.org/

National Action to Free Marissa Alexander: Urge the State to Drop the Case!

PLEASE FORWARD WIDELY!

From Free Marissa Now:

National Action: Urge the State to Drop the Case! 

Have you heard the good news out of Florida? The Appeals Court threw out the guilty verdict in the Marissa Alexander case, citing a “fundamental error” in the jury instructions which unjustly required Marissa to prove her innocence, depriving her of a fair trial.

In mid-October, State Prosecutor Angela Corey will decide whether to drop the case or set a new trial date. We say drop the case! 

October is also Domestic Violence Awareness Month – a perfect time to draw attention to how Marissa’s experience of domestic violence and incarceration exemplifies the widespread racial and gender bias in our criminal justice system.

We are asking you to send letters and/or call Angela Corey and encourage her to seek Justice, not a Conviction! Please send copies of your message to Attorney General Pam Bondi and Governor Rick Scott so that they know the strength of public opinion on this issue.

The sample letter below may help you get started.

— Free Marissa Now
FreeMarissaNow@gmail.com
facebook.com/FreeMarissaNow
http://freemarissanow.tumblr.com/

***

SAMPLE LETTER (download as pdf!):

Name __________________________

Address_________________________

_______________________________

Email __________________________

Dear Ms. Corey:

You have an opportunity to allow an innocent person to go free without further cost to the state of Florida and without further trauma to this woman and her family. I encourage you to drop the charges against Marissa Alexander, rather than pursuing a new trial which, if justice is served, will result in a not-guilty verdict.

Marissa Alexander was a victim of domestic violence who acted in self-defense by taking the only action she saw possible at that moment – an action that injured no one. Her case shines a light on how black women in domestic violence situations are often doubly victimized when they seek justice. Ms. Alexander has experienced at least two traumatic events: the first is being repeatedly abused by her husband, the second is being prosecuted and sentenced to prison for defending herself from that abuse.

Ms. Alexander’s experience bears out the fact that women of color are arrested more often than white women when police arrive on the scene of a domestic violence incident.

For this reason, fewer than 17% of black women call the police for fear they will be further victimized by the police or the courts. By allowing Marissa Alexander to be sentenced to 20 years for self-defense, you have given the message to women everywhere that if they defend their lives, they will be also targeted by police and prosecutors.

There is a widespread stereotype that survivors who fight for their lives, particularly if they are black women, are “too aggressive” and not genuine victims. This stereotype was carried out to such an extent in Marissa Alexander’s case that the whole premise of innocent until proven guilty was reversed, as the Appeals Court found.

Please do the right thing by stopping any further prosecution of this innocent mother and daughter. Drop the case, dismiss all charges, and free Marissa Alexander!

______________________________

Signature

***

Send your letter to the following addresses:
(Hard copies make more of an impact!)

Angela Corey, State Attorney
Courthouse Annex
220 East Bay Street
Jacksonville, FL 32202
Phone: 904-630-2400
Fax: 904-630-2938
Email: sao4th@coj.net

Office of Attorney General Pam Bondi
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Phone: 850-414-3300 or 850-414-3990
Fax: 850-410-1630
Email: http://myfloridalegal.com/contact.nsf/contact?Open&Section=Citizen_Services

Office of Governor Rick Scott
State of Florida
The Capitol
400 S. Monroe St.
Tallahassee, FL 32399-0001
Phone: 850-717-9337 or 850-488-7146
Email: rick.scott@eog.myflorida.com

***

Read INCITE!’s endorsement of the call to Free Marissa Alexander.

Solidarity for Baby Veronica

Keep Veronica Home

Screen Shot 2013-09-05 at 9.24.16 PM

Written by the Denver Chapter of INCITE! and informed by the work of many, including Andrea Smith’s work in her book, Conquest: Sexual Violence and American Indian Genocide. Please scroll to the bottom for action steps.

On June 25, 2013, Justice Alito issued a ruling on behalf of the U.S. Supreme Court stating the Indian Child Welfare Act was incorrectly applied by the South Carolina Supreme Court, which had previously given Dusten Brown custody of his biological child.  Following the U.S. Supreme Court’s order, the South Carolina Supreme Court immediately issued that Veronica’s adoption by the Capobianco family be finalized and she be transitioned back to her adoptive family. Chief Justice Toal refused all petitions for rehearing and closed the case, sending the ruling straight to the Charleston County Family Court to complete the transfer of Veronica from Brown to the Capobianco.  On July 31, 2013, the family court issued the Capobiancos with their official adoption decree.

Breaking news: According to USA Today, The Oklahoma Supreme Court has granted an emergency stay to keep a 3-year-old Cherokee girl with her biological father and heard arguments from his lawyers and those of the girl’s adoptive parents today, September 3rd, 2013, in a closed hearing. This case is not over yet and we must continue to spread awareness and advocate for Baby Veronica.

Why Denver INCITE! supports Baby Veronica:

1. Heteropatriarchal supremacy hurts all communities of color.

The Denver Chapter of INCITE! Women of Color Against Violence stands behind Dusten Brown as the rightful father of Baby Veronica and opposes the state’s continual displays of dominance over people of color and blatant disregard for the sovereignty of indigenous people. We must question the legitimacy of the settler nation’s actions and laws, which continue to promote colonialism and genocide. We fully believe that colonialism is not over and is demonstrated in cases such as Adoptive Couple v. Baby Girl which shows the bias and true function of the law. Although all communities of color are harmed in different ways, colonialism and patriarchy continue to be a threat to all people of color. In “Heteropatriarchy and the Three Pillars of White Supremacy”, Andrea Smith (scholar and co-founder of INCITE!) discusses how slavery, genocide, colonialism, orientalism, and war all function to support white heteropatriarchal supremacy. Additionally, adoption cases in the U.S. continue to tear apart indigenous families and families of color at disproportionate rates, due to the effects of criminalization and poverty resulting from capitalism and colonialism.

2. The law threatens feminism by undermining non-nuclear families.

How can progressives and feminists continue to fight for the “separation of church and state” when presidents such as George W. Bush have openly supported faith-based initiatives through organizations that attempt to separate families of color? The agency which Veronica’s birth mother contacted, Nightlight Christian Adoption Agency, is the same organization George W. Bush has publicly thanked. Furthermore, the attorney representing the Capobianco family is also representing the adoptive family of Baby Desari, which is another case in which a South Carolina family has attempted to seize a Native child. As Laura Briggs deduces, it seems suspicious that both children were displaced from their birth families by the state of South Carolina, which she explains is a state where to “have standing in an adoption case, fathers must have lived with the birth mother for at least six months prior to the birth of the child, and to have provided financial support, neither of which Brown had done.” Briggs further questions how feminists are not threatened by the notion of an unmarried father exercising his right to have a voice in the adoption case of his biological child. She explains how with 48 percent of children being born to single mothers, it is an attack to feminism that some states are claiming “ICWA should only apply when it disrupts an ‘existing Indian family,’ a standard that has been interpreted very narrowly—a married heterosexual couple living on a reservation”.  The state favors conservative notions of family, threatening both single parents and LGBTQ families.

In Andrea Smith’s book Conquest, she addresses how the “patriarchal society is a dysfunctional system based on domination and violence” and shares how “Karen Warren argues that patriarchal society is a dysfunctional system that mirrors the dysfunctional nuclear family”. If marriage is the only way to access the “privilege” of raising one’s own children, we see a narrow interpretation of civil liberties excludes many people. When the white heteropatriarchal state chooses to uphold law over bloodline connection, we see how the law fails to protect those of us who are most marginalized.

3. The theft of Baby Veronica echoes a long history of theft from Native people.

Smith also argues states that “in order to colonize a people whose society was not hierarchical, colonizers must first naturalize hierarchy through instituting patriarchy. Patriarchal gender violence is the process by which colonizers inscribe hierarchy and domination on the bodies of the colonized”. We see this institutional patriarchy play out repeatedly throughout history. For example, Johnson and Graham’s Lessee v. William McIntosh (1823) has many parallels to Adoptive Couple v. Baby Girl (2013). The 1823 ruling stated that the “U.S. government holds exclusive rights to extinguish the Indian title of occupancy, either by purchase or conquest”. The courts upheld that because Native people did not own land legally, the state could therefore claim ownership and grant ownership to other parties without consent of Native people. The Native inhabitants were seen as being people to be protected and relocated, while not granted the agency to own land. Similarly, we see the U.S. Supreme Court’s 5-4 ruling, favoring the adoptive couple, making similar arguments below:

(a) Section 1912(f) conditions the involuntary termination of parental rights on a heightened showing regarding the merits of the parent’s “continued custody of the child.” The adjective “continued” plainly refers to a pre-existing state under ordinary dictionary definitions. The phrase “continued custody” thus refers to custody that a parent already has (or at least had at some point in the past). As a result, §1912(f) does not apply where the Indian parent never had custody of the Indian child. This reading comports with the statutory text, which demonstrates that the ICWA was designed primarily to counteract the unwarranted removal of Indian children from Indian families. See §1901(4). But the ICWA’s primary goal is not implicated when an Indian child’s adoption is voluntarily and lawfully initiated by a non-Indian parent with sole custodial rights. Non-binding guidelines issued by the Bureau of Indian Affairs (BIA) demonstrate that the BIA envisioned that §1912(f)’s standard would apply only to termination of a custodial parent’s rights. Under this reading, Biological Father should not have been able to invoke §1912(f) in this case because he had never had legal or physical custody of Baby Girl as of the time of the adoption proceedings. Pp. 7–11.

The argument being made is that Brown did not have the right of custody to begin with and that ICWA does not protect a right that never existed. We see a connection between colonizers’ justification of land ownership as “established by God” and the modern day colonizers’ justification of ownership of a baby girl as “established by law”. In the words of Andrea Smith, “Native bodies will continue to be seen as expendable and inherently violable as long as they continue to stand in the way of the theft of Native lands”, or a child in this instance. Both Baby Veronica and Dusten Brown are being moved from the jurisdiction of one state to another, as agents owned and operated by U.S. empire.

4. The U.S. has a longstanding history of using Christian imperialism to take Native children from their homes and into boarding schools and forced adoptions.

Conservative concepts of what constitutes a family have been in existence since settler America, so much so that white supremacy and Christian imperialism are closely represented in the law. In the 17th century, Puritan missionaries attempted to “civilize” Natives by separating children from their indigenous biological families. Due to Grant’s Peace Policy in 1869, the state funded Christian missionaries’ attempts to colonize Natives through Christian imperialism. In 2013, we continue to see how white supremacy and Christian imperialism have worked hand in hand to uproot and dismiss Native sovereignty by taking the law into the state’s jurisdiction and not those of tribal courts.

In 1978, Congress passed the Indian Welfare Act (ICWA), as a response to the absurd rate at which children were taken from tribes and put into foster care, adoption, and boarding schools. The majority of these children were taken because Native families did not conform to the dominant society’s view of nuclear family norms. For example, many Native children reside with many adults and extended family members, but because two biological parents are not in the picture, the state defines this type of parenting as “neglect”. Both cultural and physical assimilation have been and continue to be forced upon children. Although taking indigenous children from their Native homes initially began with the realization that cultural genocide is simply more affordable than physical genocide, violence began to be disguised as a form of charity from the church and the state, two historically violent and intertwined systems. We see the abduction of a child disguised as proper caretaking in a privileged Western mindset. The problem with the “white savior” is their inability to see damage caused due to misguided beliefs that one is “saving” a child from families that dare be in poverty or have non-nuclear definitions of families, rather than seeing the structural and historical roots that have caused poverty and annihilated both the resources and sovereignty of Native people. Christian right groups continue to organize against against ICWA, claiming it encourages abortion and stands in the way of adoption. This belief has led to an abduction of Indian children into the adoption and foster care system, continuing colonialism and keeping children from their ancestral and cultural roots. The Royal Commission on Aboriginal Affairs speaks to the shared blame of the state and the church in “the loss of language through forced English speaking, the loss of traditional ways of being on the land…and the learned behavior of despising Native identity.” Through adoption, the state attempts to extinguish indigenous people from history and existence.

5. The law will criminalize people of color to force them into submission.

“More than 30,000 courageous individuals came together to stand up for Veronica’s rights – we became her voice” is the motto of Save Veronica, a conservative organization backing the Capobiancos. Their website also exclaims “22 days – number of days Veronica has been kept illegally from her parents”. Twenty-two days and counting of “illegal” holding of a child contrasted to centuries of domination by the U.S. empire shows how the government continues to criminalize people of color for holding onto their humanity and rights. Propaganda used to incriminate Dusten Brown as partaking in “illegal” activity is similar to the way many people of color have been incriminated as aliens to the state. From undocumented immigrants being made to be “illegal” to the violence and incarceration of black/brown folks on the basis of racial profiling to the removal of a baby girl from her family and land, we are all threatened by the law and its limitations.

6. Our families are not safe when it is legally justifiable to separate them.

Coya White Hat- Artichoker draws a “parallel between what is happening to Native children in the United States and what is happening to immigrant children through the deportation process”.  In accordance with our founding pillars of unity, the Denver Chapter of INCITE! recognizes the state as the central organizer of violence which oppresses women of color and our communities. We recognize these expressions of violence against women of color as including colonialism, police brutality, immigration policies, and reproductive control.

7. The SCT decision denying the rights of the Cherokee Nation are based on a eugenicist blood quantum politics that racializes Native peoples rather than recognizing the sovereignty of Native nations.

According to Coya White Hat- Artichoker, “The Cherokee determine citizenship through lineage. Veronica’s membership in the Cherokee Nation is not defined by a measured blood quantum but rather she is Cherokee because her father is an enrolled member of the tribe.  As a citizen recognized by the Cherokee Nation, Brown’s parental rights should be protected by the ICWA, as that is the intent of the law.  It was designed to protect Native children and Indigenous nations by prioritizing adoptions from within the tribe.”

Jacqueline Keeler in Native Condition shares how “we must do away with blood quantum across the board. It taints Tribal Sovereignty and citizenship to thoroughly for the public to accept and those who want to reduce or eliminate tribal power are finding it a handy tool for turning public opinion against us. Even Supreme Court Justice Alito began his majority opinion saying, “this case is about a little girl (Baby Girl) who is classified as an Indian because she is 1.2 percent (3/256) Cherokee.” This despite the fact that the Cherokee Nation does not even use blood quantum as a requirement for membership but it was the question most asked by the Conservative Justices when considering the case. Justice Sotomayer in her dissent had to correct this presumption that blood and thus race were in anyway relevant to the decision at hand. But the writing is on the wall and in the Justice’s questions; blood quantum is political death for Tribes and we must give it the heave-ho.”

In Solidarity,

The Denver Chapter of INCITE!

_______________________________

What can we do? 

1. Tweet at Governor Mary Fallin @GovMaryFallin who signed extradition papers for Veronics’s biological father. Tell her you don’t agree with her comments:

“Unfortunately, it has become clear that Dusten Brown is not acting in good faith. He has disobeyed an Oklahoma court order to allow the Capobiancos to visit their adopted daughter and continues to deny visitation. He is acting in open violation of both Oklahoma and South Carolina courts, which have granted custody of Veronica to the Capobiancos. Finally, he has cut off negotiations with the Capobiancos and shown no interest in pursuing any other course than yet another lengthy legal battle.

“As governor, I am committed to upholding the rule of law. As a mother, I believe it is in the best interests of Veronica to help end this controversy and find her a permanent home. For both of these reasons, I have signed the extradition order to send Mr. Brown to South Carolina.” 

Email her here or call her at (405) 521-2342.

2. Contact Governor of South Carolina, Nikki Haley, who signed warrant for extradition of Dusten Brown. Call her at (803) 734-2100 or email her here.

2. Ask organizations that you are a part of to put out similar statements or sign onto ours to show support. This is an issue that threatens all of us.

3. Simply sign on to our statement by emailing suegene.park@gmail.com or leaving a comment in the comment box.

4. Educate others on this issue by tweeting #KeepVeronicaHome and sharing our statement.

5. Sign this petition to the White House and spread the petition widely among your organization’s members and friends!

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INCITE! supports the call to FREE MARISSA ALEXANDER!

INCITE! SUPPORTS THE CALL TO FREE MARISSA ALEXANDER!

  • Because we support black women’s right to self defense and support the call for freedom of Patreese Johnson, the last incarcerated member of the New Jersey 7, and CeCe McDonald in Minneapolis, MN,
  • and because we condemn the FBI’s continued and escalated pursuit of Assata Shakur,
  • and because collaboration programs between ICE and local police, such as Secure Communities (S-COMM), endanger the lives of undocumented immigrant survivors of violence,
  • and because law enforcement agencies routinely fail to respond to violence against Native women, allowing others to violate them with impunity,
  • and because organizers had to sue Louisiana to remove black women and LGBT people charged with prostitution from the state’s sex offender registry,
  • and because stop-and-frisk against women of color, including trans women of color, is state-enforced sexual harassment,
  • and because doctors pressure and coerce inmates in California women’s prisons to get sterilized as a cost-cutting measure,
  • and because the US is a prison nation that not only cages the most people in the world, but extends punishment and surveillance into the daily lives of low income women of color and our communities in the US and abroad,
  • and because we mourn the horrific murder of Trayvon Martin and send love, strength, and solidarity to his family and community,
  • and because we honor all of the women, queer, and trans people of color who have been attacked, brutalized, or murdered and who have been given no opportunity for redress or public recognition,
  • and because we call on our communities to support survivors of domestic and sexual violence and develop transformative community-based responses to violence so we aren’t forced to rely on an abusive criminal punishment system for safety and accountability…

Because of all of these reasons, INCITE! endorses the call to FREE MARISSA ALEXANDER from prison immediately.  Marissa Alexander is a black mother of three and survivor of domestic violence from Jacksonville, FL.  In August 2010, she fired a warning shot in the wall to defend herself from a life-threatening beating from her estranged husband.  She had just given birth to a premature baby nine days before.  Despite the fact that Marissa Alexander caused no injuries and has no previous criminal record, and despite the fact that Florida’s self-defense law includes the right to “Stand Your Ground,” she was subsequently arrested, prosecuted, and sentenced to a mandatory minimum of 20 years in prison.  She plans to appeal.  More details on her experience can be found here and this pdf download.  The treatment of Marissa Alexander is a consequence of the growing crisis of prisons and policing in the US as well as a product of anti-black racism and sexism which drives individuals and institutions to punish black women when they defend themselves from violence. Her case is one of many that shows us how black women and other marginalized people are especially likely to be blamed and criminalized while trying to navigate and survive the conditions of violence in their lives.  We call all members of anti-violence, reproductive justice, and anti-police/prison movements and our allies to also support the call to Free Marissa Alexander!

TAKE ACTION!


ORGANIZE
 to free Marissa Alexander!  Hold rallies, do a banner drop, have house parties, blog, write letters, organize workshops, make art, fundraise and donate, and sign this petition.  Visit http://freemarissanow.tumblr.com/action for more ideas.

Urge your campus, organization, faith community, collective, union, or business to ENDORSE the call to Free Marissa Alexander: tiny.cc/EndorseFreeMarissa

CONNECT with the global campaign to Free Marissa Now at freemarissanow.tumblr.com, facebook.com/FreeMarissaNow, and e-mail at FreeMarissaNow@gmail.com.

Thank you for all you do to create communities and movements based on radical freedom, mutual accountability, and passionate reciprocity!

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Art by Melanie Cervantes at Dignidad Rebelde
Download in high resolution

FREE PATREESE JOHNSON!

A message from the Bay NJ4 Committee:

Dear friends and comrades,

Patreese Johnson of the New Jersey 4 is coming home in August after 7 years of incarceration by the State of New York. She will be released on parole with a felony charge on her record.

For those who may not remember the details of this case, On August 18, 2006, seven young African American lesbians traveled to New York City from their homes in Newark for a regular night out. When walking down the street, a man sexually propositioned one of the women. After refusing to take no for an answer, he assaulted them. The women tried to defend themselves, and a fight broke out. The women were charged with Gang Assault in the 2nd degree, a Class C Felony with a mandatory minimum of 3.5 years. Patreese Johnson was additionally charged with 1st Degree Assault. Three of the women accepted plea offers. On June 14th, 2007 Venice Brown (19), Terrain Dandridge (20), Patreese Johnson (20), and Renata Hill (24) received sentences ranging from 3 1⁄2 to 11 years in prison.

We in the Bay NJ4 Solidarity Committee need your help in spreading the word about her release and promoting various ways of helping throw down for her reentry and legal defense needs, as a civil suit is also still pending. Please repost links and information to your blogs, networks, listserves, tumblrs, etc.

Please do what you can to let folks know about a go fund me campaign online where everyone is encouraged to contribute. The link is http://www.gofundme.com/2xjwpg

Also, for those in the San Francisco Bay Area, the NJ4 solidarity committee is having a happy hour fundraiser at El Rio on June 14th from 4-6. The committee would love to reconnect with folks and hear about your work as well.

With Appreciation,
The NJ4 Solidarity Committee: Cynthia, Deeg, Eric, Io, Ralowe, Tory, Xan

More about the New Jersey 4 (also known as the New Jersey 7):
http://www.incite-national.org/media/docs/9908_toolkitrev-nj7.pdf