About Me

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Alpha Diallo is a graduate from Northwestern Pritzker School of Law, and a human rights lawyer based in Chicago. He travels around the world to advocate human rights values because he believes that respect for human rights can make the World a better place. He pictures the World as a village and countries as neighbors, and they should coexist in peace, since there is only one race, the human race, and one religion, love. When he does not travel, he sits Under the Human Rights Tree (UTHRT) to write and share human rights stories with the World so he can open a new gate of legal knowledge to a new audience.

Tuesday, July 5, 2016

Refugees' Rights and June 20th, World Refugee Day!


The years 2015 and 2016 have been marked by images of massive groups of displaced people marching toward Europe for a better life or for safety. They have been described as a giant spumoni landing at the shore of Europe, but they were mostly from Syria, Iraq, Afghanistan, Iran and Africa. They were children, young, old men and women fleeing wars, persecution or luck of economic opportunities. They walked miles with their belongings or crumbed into small boats across the Mediterranean Sea at the mercy of human traffickers. They paid fortunes and risked their lives with the hope to reach the promise land, Europe, with an uncertain welcome.

The European Union Crisis in 2016 estimated over 91,000 Asylum Seekers arrived in Germany in January 2016, and in June 2015, The United Nations of High Commission for refugees estimated that the number of refugees worldwide has surpassed a record of 60 million people forcibly displaced, refugees fleeing wars and persecution, asylum seekers and internally displaced. Are there legal instruments to protect these children, women, men, elders and families, called Refugees?

Since June 20, 2001, with the approval of the United Nations General Assembly, the world has been celebrating June 20th, as World Refugee Day. It is a day in which people reflect and shed light on the situation of millions of refugees and internally displaced people around the world.

As the consequences of slavery, colonization, two world wars (1914-1918 and 1939-1945) and other conflicts around the world could attest, human history carries a great deal of war crimes, genocides, ethnic cleansing, and crime against humanity, and yet still we accept that we can not always resolve our differences peacefully, and that wars and their consequences are part of our ways of life. As a result, we need international legal tools to protect vulnerable people from the consequences of our madness.

The first legal tool to protect displaced people was adopted on December 10, 1948 under Article 14(1) of Universal Declaration of Human Rights (UDHR) which states “Every one has the right to freedom to seek and to enjoy other countries asylum from persecution.”

The second legal tool came with the United Nations Convention relating to the Status of Refugees which was adopted on July 28, 1951.  Known as the 1951 Refugee Convention, it was limited, considering it protected only refugees of European origin and was limited to events before January 1, 1951.

As a result, a universal legal instrument was needed to remove the geographic and nationality limitations of the 1951 Refugees Convention. On January 31, 1967, the United Nations convened to adopt the 1967 protocol which has a universal reach.

Article 1 of the Convention, as amended by the 1967 Protocol, defines a refugee as “ A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

Article 12-30 of the Refugee Convention laid out the rights which individuals are entitled to once they have been recognized as Refugees. Amount these rights you could cite: Right to Non- Refoulement, Freedom of Movement, Right to Liberty and Security of the Person, Right to Family life and other Rights such as Education, Religion, access to Justice, Employment … etc. The international law recognizes the right to seek asylum, but does not oblige states to provide it

Despite this year’s harsh rhetoric related to the arrival of refugees in America, we must recognize that the United States of America (U.S.A) is by far the most generous country when it comes to resettling refugees. The Bureau of Public Affairs Fact Sheet published on October 21, 2015 attested that the United States will admit 85,000 refugees from around the world in the fiscal year 2015-16. The Bureau of Population, Refugees, and Migration, as of December 31, 2015, resettled 22,472 refugees from Africa, 18,469 from Asia, 2,363 from Europe, 2,050 from Latin America and the Caribbean and 24,579 refugees from the Near East and South Asia  

June in Chicago always gives birth to summer. The sun resurfaces after months of hiding, trees wear their beautiful green hats, flowers blossom with different colors, and nature is surrounded by a positive energy that gives you the desire to go out and enjoy life. June 2016 was no different, and the refugee community and organizations in the Chicago area gathered to celebrate the World Refugee Day on June 4th and 16th.  

The June 4th celebration was marked by a march “One Humane Family” from 12 pm to 1 pm; from 1 pm to 3 pm as usual, they get together at the Foster Avenue Beach to play soccer, listen to music and share food from different part of the world. For a day, Foster beach was transformed into a large United Nations refugee camp under the protection of lady Michigan. June 16th, Chicagoans gathered at the Daley Center from 12 pm to 1 pm for a lunchtime concert performance under the watchful eyes of Picasso.    

When World Refugee Day 2016 came to an end, I accepted the reality of a growing number of refugees as never before in the history of humanity; I also accepted the fact of a growing number of human sufferings, despite our economic growth and technical innovations. I came to peace with myself knowing there are international legal norms protecting these vulnerable families. I biked back home using the Lake front trail heading north and carried my wishes and hopes. I wished peace for Mama Africa, and I hoped to see the biggest Refugee Camp Dadaab close and its population return back home to the land of their ancestors, since there is not a place like home. I also carried my hopes that Israelis and Palestine’s brothers will come together in Jerusalem and pray under a common religion which is the religion of peace. Finally, I hope one day that Syrians, Iraqis, Afghans, South Sudanese, Central Africans and Somalis will choose Peace. As an African proverb tells it “Peace is costly but it is worth the expense.”

Sincerely,

Alpha











Wednesday, April 20, 2016

Freedom from Slavery: Ending Slavery in Mauritania!

The idea of writing about slavery in Mauritania came to me, after I was unable to attend an event on Sunday, October 12, 2014 at 3: 00pm hosted by Trinity United Church of Christ in partnership with Masjid Al-Taqwa and the Abolition Institute. Panelists John Sutter (CNN, Slavery’s Last Strong Hold), Dr Babacar MBengue (DePaul University Islamic World Studies), Sarah Mathewson (Anti-Slavery International), Bakary Tandia (Abolition Institute), and Rashidat Ololade Sanya, (Trinity United Church of Christ) gathered on that day on the Southside of Chicago to discuss and champion “Freedom for Victims of Slavery in Mauritania Africa.” In this topic, I will talk about the Mauritanian community in Senegal in the 1980’s and analyze the status of slavery as it exists in Mauritania, today.

Senegal, in the 1980s had a large Mauritanian community. They were called Moors. There were “White moors” (Beidane) and “Blacks moors” (Haratin). The Beidanes worked at the local retail businesses as shopkeepers, selling goods to the Senegalese population. The Haratins, lacking financial means, found their salvation with Senegal neighborhood water fountains, where they sold barrels of water for 25 Cfa each to people who didn’t have access to clean running water, or didn’t have the time or desire to stand in line for it. If you had the chance to befriend them, they would tell you that they came to Senegal to make a fortune, and that they eventually would go back to their country; but, isn’t that what all new immigrants say when they come to a new country? Yet, when you talked to the Haratins, they would share with you that they came to earn money, and to pay back their owner, so they could free them-selves from slavery.

There are different accounts on the etymology of the word slavery, but we could acknowledge that it originated from the English term slave that has its origins in the word Slavs, people who inhabited a large part of Eastern Europe, and were captured and enslaved during early medieval wars. Slavery could be legally defined as “A civil relationship in which one person has absolute power over the life, fortune, and liberty of another.” Slavery has taken different forms through out history, including chattel slavery (personal property), bonded labor (debt bondage), and forced labor.

The Australian based organization Walk Free Foundation estimates that 35.8 million people are living as slaves right now. Despite the fact that the world came together on December 10, 1948 to condemn the practice of slavery under Article 4 of the Universal Declaration of Human Rights, which states: “No one shall be held in slavery or servitude, slavery in all its forms should be eliminated.” The last country to abolish slavery was Mauritania.

Mauritania, covered by a large blanket of sand dunes, was born in November 28, 1960, after obtaining its independence from France. The country is situated at the northern border of the Senegal River, and its population is composed of different ethnic groups: the Moors (African-Haratins or Arab-Beidane,) and other Africans, such as the Wolof,the Soninke, the Serer and the Hal-pulaar. Mauritania abolished slavery in 1981, but only criminalized it in August 2007. Nevertheless, a 2012 CNN report, “Slavery’s Last Stronghold” by John D. Sutter, revealed that slavery is still a reality, and up to 600,000 Mauritanians, or 20% of the population, are still enslaved.

Despite the facts, the Mauritanian government is still in denial and is doing little to stop the practice of slavery. According to a BBC report from January 17, 2011, the only person persecuted for owning slaves was Oumoulmounine Mint Baker Vail, who was sentenced to six months in jail.

For many Mauritanians living in Senegal in the 1980’s, the dream of making a fortune and returning home would come to an end after April 9th, 1989. Diawara, located in the Bakel region near the northeastern Senegalese-Mauritanian border, would witness an incident that emblazed both countries and affected the lives of thousand of Senegalese and Mauritanians, who had lived together in peace for centuries. On April 9th, 1989, Senegalese Fulani herdsmen clashed with Mauritanian Soninke Farmers over grazing rights. Mauritanian border guards intervened, killing two Senegalese peasants and injuring several others. As a result, shops owned by Mauritanians were looted and burned on the Senegalese side. At the end of the conflict, known as the “Mauritania-Senegal Border War”, hundreds had died, thousands were displaced, and hundreds became amputees; many were victims of mob attacks and police brutality. Both Beidanes and Haratins were forced to leave Senegal. The Beidanes left their shops behind; the Haratins gave up their dream of freedom and headed north to their homeland with an uncertain future. The Senegal neighborhood water fountain, which gave them the hope of freedom, was closed years later under the Diktat of the World Bank, and the International Monetary Fund experts called privatization.

As history has taught us, great leaders emerged through great crises. We would not talk about Martin Luther King Jr. if African-Americans weren’t denied their civil rights in America. We would not talk about Gandhi if the British hadn’t colonized India, and we would not talk about Nelson Mandela if the system of Apartheid in South Africa never existed. The fight to abolish slavery in Mauritania is led by Biram Dah Abeid, a Mauritanian politician and founder of the Initiative for the Resurgence of the Abolitionist Movement (IRA). On November 11, 2014, he and 16 IRA-anti-slavery activists were detained for protesting the repeal of charges against a slave master who raped a 15-year-old girl that worked as his slave. He is still in jail waiting a pending appeal trial.

Slavery in Mauritania is a reality, and anti-slavery organizations, activists and ordinary citizens are coming together to show solidarity to the estimated 600,000 enslaved Mauritanians. In Chicago, the event of “Championing freedom for Victims of Slavery in Mauritania” resulted in a fatwa written in Arabic that was delivered by clerics in the surrounding West African countries denouncing the practice of slavery and those who attribute slavery as a call from the Holy Qur’an.

On February 27, 2016, I responded to an invite and attended an event at the Lindblom Math and Science Academy in the Englewood neighborhood celebrating Black History Month. People were welcoming. I had the chance to listen to Noura Mint Seymali from Mauritania, the Lindblom Math and Science Academy’s Acapella choir, Abraham, a musician from Liberia, and Pittsburgh activist rapper Jasiri X. Despite the stigma of gangs, shootings and dilapidated houses, the night was peaceful, beautiful, and the energy was pleasant. Just as any other community, they came together to rise to the occasion and share their best. The Englewood community deserves the “Right to a Better Image”.

At the end of a beautiful evening, I carried with me Noura’s traditional Moorish music, knowing that in Mauritania, there is a secret hiding behind the beautiful image of Moors with their camels and tents; there is a secret hiding behind the splendid scenery of sand dunes and oasis, and that secret is slavery. We should condemn it, because as people of the United Nations, we believe as the Universal Declaration of Human Rights states under Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”


Sincerely,

Alpha

You also could learn more by visiting:

www.championingfreedom.org

http://www.cnn.com/interactive/2012/03/world/mauritania.slaverys.last.stronghold/
ld/mauritania.slaverys.last.stronghold/


Tuesday, February 16, 2016

Children Rights in Senegal: Talibes are at the crossroads between Right to Education and Freedom of Religion.



Senegal, called the Country of Teranga, was born on April 4, 1960, and used to be part of the Kingdom of Djolof. It is situated at the western part of Africa, and is well praised by western countries as a democratically healthy African country. In fact, it has never witnessed a military coup, and has always organized elections, transparent or not.

As child, I grew up in Dakar, capital of Senegal. I saw children with dirty clothes, walking in the streets. They carried empty pots in their hands, and begged for food and money. It never occurred to me to inquire “Why were they wearing dirty clothes, or begging for money and food?” The reality was, they were part of our social fabric, so I grew up seeing their presence as normal; people called them Talibes.

Talibe originated from Arabic, and the term “talib” means “student”. Talibes are viewed as religious students following a specific religious sect or teacher. They are often children 4 to 12 year of ages, living in Daara with a Marabout, a religious teacher, in order to pursue a free religious education.

The Talibe tradition has been around for centuries. With the establishment of Islam in the 11th century by the Almoravide Muslims from northwest Africa, the Daaras, which are places children come to learn the Koran, started flourishing around the region with the diligence of Sufi brotherhoods such as Tijani, Qadiriyyah, Layene and Muridiyyah, characterized by their desires to spread their knowledge and enlarge the numbers of their followers.

It is part of Senegalese tradition for parents to send their children to Daara, so they could learn the Koran, know how to pray, and behave as good Muslims. Most parents believe it is their responsibility to make sure their children are successful in this life; therefore, they send them to French school. They are also devoted to preparing for their children’s after life; for that reason, they send them to a Marabout of their Sufi brotherhood in order to seek religious knowledge without their children's consent. They may see their child suffering hardships, abuse, and poor conditions of living as part of life’s learning experience and one’s test of faith. Parents avoid questioning marabout’s behaviors, because under Sufism, the relationship between Marabout and his student talibe is based on absolute submission. Parents view any voice denouncing Talibe abuses as an occidental point of view and, therefore, anti-Islamic. Nevertheless, today we witness that the Talibe tradition has been hijacked by a few religious teachers called Faux Marabouts, or fake Marabouts, who subject children to human rights abuses.

Human Rights Watch in its April 2010 reports indicated that at least 50,000 children were Talibes. They often come from rural areas in Senegal to urban areas in order to live and learn from a Marabout. In these “daaras”, children are forced to beg on the pretext that begging is essential to sustain the Daara. As a result, children spend long hours in the street begging for money and food, and consequently, little time in school to obtain a koranic education.
They often are asked to bring a certain quota of money, and if they don’t, they are subjected to beatings. Talibes are used as free labor, and suffer mental and physical abuses.

The Senegalese government has been trying to deal with the Talibe issue by adopting laws, such as Law No.2005-06, to combat the practice of forced begging, and its article 3 states: “Whosoever organizes the begging of another in order to benefit, or hires, leads, or deceives a person in order to engage him in begging or to exercise pressure on him to beg ... will be punished by imprisonment of 2 to 5 years and a fine of 500,000 to 2,000,000 francs [US$1,160 to $4,350]”. However, many human rights organizations believe that the Senegalese government is not doing enough to stop human rights violations on Talibes.

In Senegal, grand Marabouts have a great deal of political power, so the Senegalese public officials try not to alienate them or give them the impression that they are imposing occidental values in detriment of the Senegalese traditions. Other realities that sustain the Talibe issue besides traditions and socio-economic realities are articles 21 and article 22 under the Senegalese constitution that guarantee the fundamental rights to education to all Senegalese children, regardless of gender and domicile. Senegal, however, does not have the means to fulfill those duties under its constitution; therefore, the government relies on religious education to boost its own “No Child Left Behind”. The Senegalese constitution under article 24 also guarantees a free practice and profession of religions; therefore, any moves to eradicate the Talibe issue by Senegalese authorities could be viewed as interference into Senegalese freedom of religions. As a result, Talibes find themselves at the crossroads between Right to Education and Freedom of Religions.

As night falls, Mame Coumba Dauphin, goddess of the Atlantic Ocean, wakes up and releases a fresh air into Dakar city to clean its daily sins. She watches and protects its inhabitants from harm. At Dawn you may hear the muezzin calls for prayer, and griots sing the wisdom of great marabouts such as Cheick Amadou Bamba, Malick Sy, Seydina Limamou Laye and Abd Al Qadir Al-Jilani Abdal, which guides the Senegalese people to live together peacefully despite their religious differences and denomination.
However, at the Daara where Ousmane the talibe lives, he has already gone through beatings for not bringing the money required for the day. He has also gone through his daily prayers, which are full of unanswered questions. I believe we owe Ousmane the talibe an answer by standing with the children of Senegal. I believe Senegal has a duty to respect its national and international commitments related to children’s rights, and I also believe the international community owes him an answer by enforcing the Convention on Rights of the Child, adopted by the United Nations Assembly on November 20, 1989. As Kofi Annan said, "There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace."

Sincerely,

Alpha Diallo
                                   





We could learn more:

Talibe: The Least Favored Children of Senegal.


Ismael Lo Song Talibe