Wednesday, October 22, 2008

Power Concedes Nothing Without a Demand

"If there is no struggle there is no progress. Those who profess to favor freedom and yet depreciate agitation…want crops without plowing up the ground, they want rain without thunder and lightening. They want the ocean without the awful roar of its many waters….

Power concedes nothing without a demand. It never did and it never will."
--Frederick Douglass, 1857

October 22, 2008—Fargo-ND
This has been a difficult two weeks on the Human Rights Front in the Fargo-Moorhead community.

On October 6, 2008, there was a Press Conference held to object to the hate Message of a DVD that was distributed by the Fargo Forum newspaper as an “Advertisement”.

On October 16, 2008, Human Rights Commission Members, Human Rights Activists, City Leaders and the community were invited to attend a Press Conference to speak out about Hate and support the Somali Community because an alleged assault on a Somali man on October 11, 2008 by two male assailants and one female.

The Press release alerted the community that “The victim has stated that the perpetrators used words indicating prejudice against his race and refugee status. The perpetrators allegedly insulted the victim's refugee status and carried out a brutal attack. As a community we should be against such brutality and the fact that such alleged hatred could lead to unbridled violence is a strong indicator that we need more education of the diversity in our community.”

On October 17, 2008, the Press Conference was canceled by the Human Relations Commission because city personnel had convinced them to do so. The Press Release stated “The Human Relations Commission has been persuaded to postpone the press conference scheduled for 11:00 AM, Friday, October 17 – until the Police Department concludes their investigation.”

On October 22, 2008, there was a special meeting held by the Fargo Human Relations Commission to communicate information about this incidence and give the Somali Community an opportunity to speak to the Commission.

Even though the Early-file headline of the Fargo Forum article written by Fargo Forum Reporter Brittany Lawonn stated: Local Somali leaders satisfied with investigation into Oct. 11 assault that found no 'hate crime', It was a disappointing show of non-unity by the Fargo Human Relations Commission.

It was disturbing to watch the Fargo Human Relations Commission be manipulated and controlled by the desires and direction of Fargo City Staff and by the will of Fargo Police Chief Ternes.

The crux of the problem with this role of City Government is that they are getting in the way of what a Human Rights Group’s work is and their influence prevents the Commission from doing their job.

In this case racial justice is not being served and the victims of violent crime, motivated by hate have every right to speak out and find out who their allies are. The Fargo City Staffers acted out of unearned white privilege, trying to keep things quiet, out of the public eye and especially out of the hands of many community members that will stand up in unity against hate.

The Fargo Human Relations Commission must act out their power. Hate crimes are the most under reported, un-pursued and most scrutinized in the nation, especially racially motivated hate crimes and that is why a strong message of support for any victim of a violent, hate motivated attack must be publicized sooner than later.

In Fargo several years ago the Commission put Family Values in the public supporting Lesbian and Gay families to have couples memberships at the YWCA. They got results. The Human Relations President at the time was willing to take the issue very public to move the agenda forward.

Each individual on the Fargo Human Relations Commission are respectful, highly regarded individuals. Many are respected by this community as individuals. Collectively, however, it is very disappointing that as a collective group in this situation the Fargo Human Relations Commission represents inaction, indecisiveness and shows inaction to lead this community in Human Rights issues.

It is very disturbing to watch the Fargo City Officials influence the Commissions direction and basically commandeer the Fargo Human Relations Commissions’ authority, autonomy and effectiveness.

Many of the current Human relations members may be too young to remember the totalitarian oppressive control the police had in the 1960s and 1970s. At that time many activists and community members were fighting for basic Human and Civil Rights. Law enforcement was no friend to people struggling to be free in America. Since that time, Law enforcement has changed tactics but has continued to gain more and more control of many areas that they were never supposed to be in control of. Many of us live as if we are frogs in a pot of cool water that is simmering to a higher heat. We do not feel the temperature changing and we do not jump out if the water, soon we will become boiled by our ignorance.

We are witnessing the continued eroding of our rights by fear tactics framed by law enforcement and by our governments passage of the homeland security act. We have also recently seen this erosion illustrated through the disregard for community members constitutional rights through the brute force of our Minnesota officers at the St Paul based republican national Convention. Law enforcement in the region continues to build a power base never intended for their role in society.

The Human Relations Commission needs to remember their purpose in the Community. Upon reading the Ordinance that created the Commission, one will see elements of Action, elements of promotion, allegiance with those whose rights are being deprived and an active and public duty to ”…discourage all forms of discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, participation in lawful activity off the employer's premise during nonworking hours which is not in direct conflict with the essential business-related interests of the employer or sexual orientation.” --Fargo City Ordinance Article 15, Section 15-0201. Creation of Human Relations Commission.

The Commission needs to take the risks that come as Human Rights Leaders and ACT!

We can do better as a community and we should expect more of our region's Human Rights Commissions. Perhaps it is time to get some new leadership on these Commissions that will take the necessary risks to make our community safer for all of our community members.

-------------------------------------------------------------------------------------------
Materials--
-------------------------------------------------------------------------------------------

FOR IMMEDIATE RELEASE
October 16, 2008

PRESS CONFERENCE: Friday, October 17, 2008 - 11:00 AM Fargo City Commission Room 200 N 3rd Street, Fargo, ND

Fargo, ND, October 16, 2008 The Fargo Human Relations Commission will hold a press conference, Friday October 17, 2008 at 11:00 am at the Fargo City Commission Room. 200 North 3rd Street.

The Fargo Human Relations Commission will express strong support for the Fargo Police Department's investigation of an alleged assault on a Somali man on October 11, 2008 by two male assailants and one female.

In attendance will be Fargo Mayor Dennis Walaker, Chief Tiernes of the Fargo Police Department, members of the Somali Community and members of the Fargo Human Relations Commission.

Hate crimes have an impact far beyond the individual victim of the crime. When a victim is chosen because of his or her race, heritage or religion, other members of that group feel unsafe and unwelcome. Hate crimes resonate throughout the victim's community and threaten the safety and well-being of every member of that group.

The Fargo Human Relations Commission calls upon the Fargo Moorhead Community to speak out against hate crimes, our community has no place for hate.

The victim has stated that the perpetrators used words indicating prejudice against his race and refugee status. The perpetrators allegedly insulted the victim's refugee status and carried out a brutal attack. As a community we should be against such brutality and the fact that such alleged hatred could lead to unbridled violence is a strong indicator that we need more education of the diversity in our community.
************
Prairie Rose
Do what you do.....hecel lena oyate kin nipi kte - so that the people may live
*************
Prairie Rose
PO Box 84
Fargo ND 58102
******************************************
-------------------------------------------------------------------------------------------
October 16, 2008 ****10/17/08 Fargo Human Relations Commission
**** PRESS CONFERENCE CANCELLED****

Contact: Prairie Rose - Chair, Fargo Human Relations Commission 701.793.6166

My sincere apologies for the urgency of the press release.

It has been brought to the attention of the Fargo Human Relations Commission that an assault occurred the morning of October 11, 2008 to a Somali individual. The victim, Mr. Bana and members of the Somali Community asked the Fargo Human Relations Commission for their support in bringing this incident into the light of the public.

The position of the Human Relations Commission is in strong favor of the Police Departments investigation of this alleged assault and the Police Department's finding whether or not a hate crime occurred.

The Human Relations Commission has been persuaded to postpone the press conference scheduled for 11:00 AM, Friday, October 17 – until the Police Department concludes their investigation.

Our deepest apologies go out to Mr. Bana and the Somali community. There is no excusing the perpetrators for such a brutal attack. These or any acts of violence are not tolerated in our community.

The Fargo Human Relations Commission works to promote acceptance and respect for diversity and discourages all forms of discrimination.

Whether the findings of this particular incident unveil an incident of hate, violence against any member of our community has an impact far beyond the individual of the crime. Victimization resonates through out the victim and community. As a community we do not and cannot tolerate such acts of violence.

In any case of bias or hate motivated crimes. The Fargo Human Relations Commission along with the Moorhead Human Rights Commission, cities of Fargo and Moorhead Police Departments and allied organizations – have worked together to form the FM Hate Crime Prevention Response Plan. The goal of the Fargo – Moorhead Hate Crime Prevention and Response Plan is to show strong support for victims of hate and zero tolerance for such incidents. In addition, the plan strives to raise awareness of hate-related issues in the community.

Most importantly, people should not feel alone when a hate incident occurs—hate is a community problem, not an individual problem. The Fargo-Moorhead community stands together against acts of hate. Although all hate incidents are unique, and individual judgment should be used in each case, this plan endeavors to provide a course of action that should prove useful when a hate crime or hate incident occurs in the area.

Again, my sincere apologies, for the call to action. As Chair of the Fargo Human Relations Commission, I have been asked to postpone the press conference until we have more facts around this situation. I apologize to Mr. Bana and the representatives of the Somali community if this act, in any way offends you, or appears to dismiss the crime committed, this is not my intent. We have put our trust in the Fargo Police Department to have a full investigation of this incident.

Thank you to everyone who rallied and responded so quickly.

************
Prairie Rose
Do what you do.....hecel lena oyate kin nipi kte - so that the people may live
*************
Prairie Rose
PO Box 84
Fargo ND 58102
******************************************
-------------------------------------------------------------------------------------------
Details muddle assault origin
By Brittany Lawonn blawonn@forumcomm.com

Metro/State - 10/18/2008 A Somali man beaten in the face and neck Oct. 11 who first thought he was the victim of a hate crime is now not so sure. Aweys Bana was assaulted in front of his south Fargo apartment about 4 a.m. by two men unknown to him. Bana, who speaks limited English, told friends and police that he believes the men asked whether he was African-American or a refugee, according to Salah Noor, Bana’s friend who translates for him. Before the 32-year-old could answer, one man punched him. He was tackled to the ground, and a bystander trying to intervene was also assaulted, said Noor, 28. The question posed initially led Bana to believe he was being targeted because of his race and refugee status, Noor said. But developments in the case now lead the two to believe it may have just been a random incident involving alcohol, Noor said.

“I don’t know if we can call it a hate crime,” Noor said. “I’m thinking that this was just one of those random things.” The incident created fear in the Somali community, which
reached out to local officials, including the Fargo Human Relations Commission. The commission scheduled a news conference Friday to discuss the incident, but it was quickly canceled. Concerns were raised about calling the incident a hate crime because police are still investigating, said Prairie Rose, the commission’s chairwoman. Fargo City Administrator Pat Zavoral told Rose a news conference might be premature, but said it was her call.

“If you’re going to have a news conference on a hate crime and it isn’t one, then you’re compromising the Human Relations Commission’s ability to make judgments in the community,” Zavoral said Friday. “We were persuaded by city management to not go forward with the press conference because we don’t have all the facts,” Rose said. Fargo police have interviewed one suspect about the 4 a.m. incident and are still investigating, Lt. Pat Claus said Friday. Police have not determined a motive. Nate Bailly, a community development planner who is the staff liaison for the Human Relations Commission, said when it comes to determining if a hate crime has occurred, “We need to make sure that we’re not making any assumptions before we become very public about it.

“We obviously are very sensitive to these concerns,” Bailly said. “At the same time, we have to be sure we’re not inflaming” the situation. Bana has lived in the community for 13 years and hasn’t had problems in the past. He has had difficulty eating, drinking and swallowing since the attack, but has gotten progressively better, Noor said. The extent of his injuries would indicate if potential charges are likely for misdemeanor assault, Claus said. Claus added he does not believe a news conference would have affected the investigation.

Most view Fargo as a nice community, but there are situations that can be frightening for some people who do not speak or understand English very well, said Noor, who added that’s why help was sought from the Human Relations Commission. The commission scheduled a special meeting for noon Wednesday at Fargo City Hall to address the incident and the Somali community’s concerns that it may have been targeted, Rose said. Forum reporter Helmut Schmidt contributed to this report Readers can reach Forum reporter Brittany Lawonn at (701) 241-5541
-------------------------------------------------------------------------------------------

Charges sought in Oct. 11 Fargo assault
Forum staff reports, The Forum
Published Wednesday, October 22, 2008

Police have forwarded their investigation into an Oct. 11 assault on a Somali man to prosecutors to consider for potential charges.

Police recommend charges of misdemeanor simple assault, said Fargo Police Sgt. Jeff Skuza. He would not say how many suspects are involved or comment on whether police found any evidence of a hate crime.

The Fargo Human Relations Commission raised the issue of the case possibly involving a hate crime last week after members of the Somali community raised concern regarding some of the allegations of the case.

The commission has planned a special meeting for noon today at Fargo City Hall to address the situation.
-------------------------------------------------------------------------------------------

Local Somali leaders satisfied with investigation into Oct. 11 assault that found no 'hate crime'
Brittany Lawonn, The Forum
Published Wednesday, October 22, 2008

FARGO – Local Somali leaders told the city’s Human Relations Commission today that they are not going to move out of the city despite an Oct. 11 assault on a Somali man.

The Human Relations Commission previously had raised concerns that the incident might have been a hate crime and called a special meeting today to discuss the situation.

Police Chief Keith Ternes told the commissioners and community members that police have found no indications the incident was a hate crime.

Members of the Somali community thanked Ternes for the investigation and told him there is no fear among local Somalis about what happened.

Police have forwarded their investigation into the Oct. 11 assault on the Somali man to prosecutors to consider for potential charges.

Police recommended charges of misdemeanor simple assault, said Fargo Police Sgt. Jeff Skuza. He would not say how many suspects are involved or comment. For more on this story, see Thursday’s Forum.
-------------------------------------------------------------------------------------------
Assault stirs talk
Brittany Lawonn, The Forum
Published Thursday, October 23, 2008

An Oct. 11 assault on a Somali man in Fargo has sparked discussion about whether North Dakota needs hate crime legislation.

And the incident also is prompting the Fargo Human Relations Commission to review how to respond to potential hate crimes in the future.

On Wednesday, Police Chief Keith Ternes said the case has been forwarded to prosecutors to consider potential misdemeanor simple assault charges. However, he said, there is no evidence to indicate the incident was a hate crime.

The incident involved a Somali man who was beaten in the neck and face about 4 a.m. on Oct. 11 in front of his south Fargo apartment by two men unknown to him.

Even so, the initial suggestion that a hate crime had been committed led to the special meeting of the Human Relations Commission Wednesday, where commission members, Ternes and members of the local Somali community discussed the issue.

Fargo’s Commission Chairwoman Prairie Rose said she believes hate crime legislation is needed to offer better protection to members of the community.

However, Ternes disagreed, saying rather than passing a new law, the state needs to adopt stiffer penalties for crimes such as assault.

If police do determine an incident originated because of hate, he said, the department will work closely with the community that is impacted.

“We do not want a certain segment of our community to live in fear,” Ternes said.

Mitch Marr, the executive director of the North Dakota Human Rights Coalition and a member of the Fargo Human Relations Commission, said Wednesday that a hate crime targets not just an individual, but a community.

Hate crime statutes, such as in Minnesota, typically enhance penalties for the underlying crime, such as an assault.

At Wednesday’s meeting, members of the local Somali community thanked Ternes for the investigation into the Oct. 11 incident and told him there is no fear among Somalis that they are being targeted.

Ternes said the quick reaction from the Human Relations Commission to call attention to the Oct. 11 incident before the completed investigation did not hurt the inquiry, but had the potential to take it and “turn it into something more than what it was.”

In reviewing its response to the recent incident, commission members decided to discuss its response and prevention plan before the end of the year.

Ternes also suggested that it would work best to collectively bring the issue to the public rather than having one entity initiating the discussion. Rose said the commission plans to work to get everyone on the same page before taking action.

“I think we acted in a means that was acceptable but we didn’t have all the facts,” she said after the meeting.

FBI statistics from 2006 show there were 16 hate crime incidents reported in North Dakota – with two occurring in Fargo and involving race as a factor.

There were 137 incidents reported in Minnesota, none of which were reported in Moorhead.

The “hate” crimes reported involve those motivated by biases based on race, religion, sexual orientation, ethnicity, national origin and disability, according to the FBI Web site.

Nationwide, there were 9,080 hate crime offenses reported in 2006, with

19.1 percent of the incidents involving simple assault.

Readers can reach Forum reporter Brittany Lawonn at (701) 241-5541

_________________________________________________________________

3 comments:

  1. Here are the views of the local media on this:

    FHRC Reviews Hate Crimes Response Plan (KVLY): http://www.valleynewslive-ondemand.com/video/html/video1.shtml

    Hate Crimes Laws in ND (WDAY): http://www.wday.com/tv/?page=video&vid=29_hatecrimelawnd

    Assault Stirs Talk (FORUM): http://www.in-forum.com/articles/index.cfm?id=219429&section=news

    ReplyDelete
  2. Thank you for putting this out there, Duke. Last night, I relooked at the Hate Crime Response Plan that both the City of Moorhead and the City of Fargo have affirmed through their respective Councils.

    In my view, the purpose of the Plan was not so much a legal one (which seems to be Fargo's sticking point), but as a process by which the community can support those that were harmed, AND to send a message that this is not acceptable behavior in OUR COMMUNITY. Unfortunately, the plan, in relooking at it, does leave seem to leave room for other interpretations.

    I have recently sent an email to our executive committee, and have suggested that this be part of our discussion. Personally, I would like to see our two Commissions revisit it. We should be both on the same page, or it is not effective. When Prairie Rose sent out her announcement for the Press Conference, I intended to attend and encouraged other MHRC member to also do so. Prairie Rose responded quickly, which is what the plan intended. The Response was not intended to be after an investigation was made. The intent is to be supportive and timely. I regret that I wasn't able to attend the FHRC meeting, and truthfully, I've heard differing viewpoints on how it went. I think as HR Commissions, we should support each other. Human Rights is a challenging and frustrating fight, but one worth doing.

    -Del Rae

    ReplyDelete
  3. As organizers, Sureshi Jaywardene and I went to the Somali Market to ask a few questions about what happened the night that Oais was beaten up and to inquire about how folks were feeling about the community response.

    Their answer was that the Somali's were not the ones being targeted. And that it was someone who was looking for a Sudanese man and beat up a Somali man because he was black.

    So the Hate Crime WAS intentional in that the assailants were looking for someone who was black and it did not matter who.

    We understand the resistance by the Somali Community Leaders not wanting this Hate Crime to be pointed at them only. Our system of response would have been better to respond as a Hate Crime towards all people of color. This was not an isolated incident.

    ReplyDelete