A Q&A with Judge Nelson A. Diaz

This week in North Philly Notes, an interview with Nelson A. Diaz, about his inspiring new autobiography, Not from Here, Not from There.

You came to America as a child—literally—in your mother’s belly. Can you discuss the experience of being part of the wave of Puerto Rican immigrants post-World War II?
During the 1940’s and 1950’s, many Puerto Ricans came to New York in search of greater job opportunities because the economic hardships confronting Puerto Rico after WWII. My mother came to New York to provide a better life for me. She was a woman who was ahead of her time because she was a working mom at a time when most mothers stayed at home with their children. She did not have a choice. She worked as a seamstress in a factory to make ends meet. Although I grew up in very humble circumstances, my mother always provided the example of love, hard work, and faith. The Marine Tiger where she landed was a famous ship used in WWII for transport of soldiers and many came to the shores of NY the same way having American citizenship since 1917. Public Policy in the availability of Public Housing made a major difference in our lives.

You grew up in Harlem and had some hardscrabble experiences. What was that period of your life like?  You talk about being in fear at age 15. What helped you get through that time and not just survive, but thrive?
Growing up in poverty does not give you many options. Violence, gangs, and drugs are all around. I had a lot of problems in school much of which stemmed from my inability to speak and read in both English and Spanish. Trying to live in two different worlds – Puerto Rican culture and American culture – was difficult. I was not doing well in school and was always struggling to get better grades. At the age of 15, I went from being a D student to an A student in one year through the saving grace of the church.

Through faith, I felt hope. Hope for my future, an expectation that better things lied ahead and a strong desire to work hard for it. Through faith, I no longer felt unworthy and I knew that I could achieve greater things, not only for myself but also for others. The intervention of people in my life made a difference.

Not From Here_smYou faced considerable discrimination in Philadelphia (e.g., passing the bar). Was there a particular experience that made you learn and grow?
Growing up as a poor Puerto Rican kid from Harlem, I always had to overcome the barriers of stereotypical attitudes: a school counselor who believes that you are not college material, or institutional or systemic bias in law schools and government, or law firms and corporate boards that lack diversity even though there are highly qualified people of color. That is why civil and human rights are important issues that I have spent my life fighting for. I have spent a lifetime breaking barriers so others can walk through the doors—whether it was becoming a founding member of Black Law Students Association and the Federation of Puerto Rican Students because I understood the power of coalitions of interest; or becoming a community activist to protest the lack of diversity and open up law school doors for others; or promoting economic development in the Latino community; or becoming the first Puerto Rican White House Fellow, where I worked for Vice President Mondale and was able to promote Latino diversity in the political arena and influence public policy both domestically and internationally; or becoming the first Latino judge in the Commonwealth of Pennsylvania; or becoming the first minority administrative judge and presiding over court reforms that brought seven years of backlogged cases to the present and saved the courts millions of dollars; or fighting for the human rights of Soviet Jews; or becoming the first American judge to sit on a Japanese Court; or fighting against segregation in housing nationwide; or promoting the inclusion and promotion of minority and women lawyers in the profession; or fighting for diversity on corporate boards. I may have been the first, but I did not want to be the last!

The history of anyone but Caucasian who had passed the Pennsylvania Bar demonstrates that until the Liacouras Bar Committee found discrimination in the Bar exam the Commonwealth of PA since its founding, the bar had only admitted 67 African Americas and no Latinos before 1969 when I entered Law School. It was apparent that it was impossible to believe that I might get admitted and the city was so segregated by neighborhoods with continuous racial conflict between neighborhood boundaries.

Eventually, your career took off with appointments as the General Counsel at HUD, and as a city solicitor who helped with immigration issues. Can you describe your experiences?
The White House Fellows program gave me an education on the world and lifted my profile in my professional life.  The Judicial appointment and election also changed the public perspective of me. Both of these appointments, including the Administrative Judge title, were avenues of increasing diversity in the workplace. Although I was flattered to have been asked to by Henry Cisneros, who is a trailblazer and friend, to become his General Counsel at HUD, I did not want to go to Washington, DC. Henry was persistent and I eventually agreed. By breaking another barrier—becoming the first minority General Counsel—I was determined to increase the numbers of minority and women lawyers hired, retained and promoted because of the shocking lack of diversity among the government attorneys. I have always felt that the inclusion of minorities and women is an important step to changing systemic bias that exists in most institutions. As Latinos, we need to select our own leaders and continue to help each other climb the ladder of success.

Your book’s title is curious, it suggests a lack of belonging. Can you discuss that?
The title of my book, “I am not from here and I am not from there/No soy de aqui, ni de alla,” is about being a Puerto Rican born and raised in New York. We are not accepted here because of stereotypes and prejudice and yet not accepted as Puerto Rican from the Islanders because we were born in the States. It begs the question so where do we belong? That is a difficult barrier to overcome. You continue striving for excellence, inclusion, and moving the agenda forward so there is equality for all. There are many examples of rejection on both sides of the Atlantic both professionally and community where Puerto Ricans resided.

My parents lived most of their lives in Puerto Rico while I lived all of my life in the United States. I visited regularly since the age of 10 was educated in the issues of both countries, despite my professional capacity and assistance was there rarely an opinion they sought or cared particularly as you can see from the major Hurricane Maria. When they used my help it was limited to educate their officials and not my expertise which normally was ignored. That never gave me pause to keep trying wherever possible.

Do you think you achieved the American Dream?
Latinos positively contribute to the wellbeing of this great country. My story demonstrates some of the many ways, Latinos contribute to America. I hope that this book is seen in a bigger context than just my story. In the backdrop of the negative and racist attitudes about Latinos being only “criminals and rapists” my story is one of many, Latinos who work hard every day to put food on the table, house their families as best as they can and educate their children to have equal opportunities for the future. Isn’t that what everyone wants – the American Dream? History has eliminated most of our contribution and we fail to tell the story of how we have made America better.  My book will hopefully inspire young people to strive for a better life.

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Who stands to gain and lose from peace between Ethiopia and Eritrea?

This week in North Philly Notes, Jennifer Riggan, author of The Struggling State, and Amanda Poole write about Eritrea and Ethiopia’s new peace deal in this article reposted from Middle East Eye.

On 9 July 2018, in a historic meeting in the Eritrean capital, Asmara, Ethiopia’s prime minister, Abiy Ahmed, and Eritrea’s president, Isaias Afewerki, signed an agreement on peace and friendship, officially ending their almost two-decades-long cold war. To reach this point, on 5 June, Ethiopia finally accepted a peace agreement that both countries had signed 18 years earlier.

Following two weeks of what appeared to be total silence, in his 20 June Eritrean Martyrs Day speech, President Afewerki responded favourably to Prime Minister Ahmed. Since then, events have proceeded rapidly.

A game changer

Following an emotionally evocative visit by a high-level Eritrean delegation to Addis Ababa, Prime Minister Ahmed travelled to Asmara. The prime minister’s visit to Asmara was rife with symbolism and emotion as thousands of Eritreans filled the streets of Asmara while Eritreans and Ethiopians in Ethiopia were visibly moved as they witnessed images of the Ethiopian and Eritrean flags flying together.

Most significantly, within moments of signing the agreement, phone lines between the two countries opened up for the first time in 20 years, connecting people across borders to a momentous historical event. On 15 July, President Afwerki visited Ethiopia for the first time in 22 years, coinciding with the opening of the old Eritrean embassy in Addis Ababa.

The emotional significance of this moment of peace between the two countries cannot be dismissed nor can its potential

Commentators, analysts and diplomats have hailed the peace agreement as a game changer that will lead to openness, benevolence and cooperation benefiting Eritrea and Ethiopia, the Horn of Africa, and Africa and the Middle East more broadly.

The emotional significance of this moment of peace between the two countries cannot be dismissed nor can its potential. It mends broken friendships and sutures together ruptured identities. It allows Eritreans and Ethiopians to think of each other as brothers and sisters and gives many citizens of both countries a much-needed and long-awaited sense of hope.

But does everyone stand to gain from peace between Ethiopia and Eritrea? The benefits are potentially greater to some than to others.

Arab allies’ role

At the center of peace negotiations is the sleepy southern Eritrean port of Assab bordering Djibouti at the mouth of the Bab-el-Mandeb strait, strategically located at the southern mouth of the Red Sea.

The United Arab Emirates has expressed a keen interest in Assab and stands to gain a great deal from Eritrean and Ethiopian cooperation over port usage. Ethiopia is Africa’s second most populous country and one of its fastest-growing economies.

With a burgeoning textile industry, the country has been desperate for expanded sea access. Prior to the beginning of the border war with Eritrea in 1998, Assab served as Ethiopia’s main port. Since the war began, Ethiopia invested heavily in Djibouti but has found that arrangement insufficient for its growing industries.

Although Assab is an indisputable part of Eritrean territory, the fact that Eritrea’s northern port of Massawa is sufficient for its shipping needs meant that Assab largely fell into disuse when the border war broke out until the United Arab Emirates leased it in 2016.

While reports show that UAE has developed the port for military use related to the war in Yemen, the port has a great deal of untapped commercial potential. Thus, UAE is well positioned to benefit once Ethiopia begins using the port to its full potential.

 It is not surprising that UAE is reported to be a key player in the peace deal although the specifics of its role are not entirely clear

A number of actors played a key role in bringing about peace, most notably Ethiopia and Eritrea themselves. Arab allies also played a key role. Saudi Arabia and UAE, on good terms with both countries, played a bridging role between the two. It is not surprising that UAE is reported to be a key player in the peace deal although the specifics of its role are not entirely clear.

The Eritrean president visited UAE in early July just as peace was being negotiated. And UAE recently gave Ethiopia $1bn to alleviate currency shortages, a move that coincided with the resumption of Ethiopian diplomatic relations with Eritrea. One of the five provisions of the recently signed agreement on peace and friendship notes the opening up of the port for Ethiopian use.

Struggling State_smLeft in the cold

Meanwhile, other stakeholders may fare less well in the peace agreement. Djibouti, arguably, may be unhappy with these arrangements having provided Ethiopia with a port since 1998.Assab has been effectively isolated since the border war began, giving Djibouti something of a monopoly over strategic control over the Bab-el-Mandab strait and enabling it to attract key investments and political alliances.

But there are others who will potentially be left in the cold as Eritrea and Ethiopia warm up to each other. While Ethiopians have been gleefully waiting to board flights to Eritrea, Eritreans in Eritrea are unsure whether they will be allowed to leave and Eritrean refugees in Ethiopia are wary of whether the country will be a place that they can ever return to.

It is expected that peace between the two countries will lead to economic benefits to both Eritrea and Ethiopia as commerce, trade and tourism crosses the border. Ethiopian airlines flights to Asmara resumed on 18 July and were full, but social media reports suggested that only 80 people were on the return flight.

Given Eritrea’s travel restrictions, it is not surprising that there would be much more traffic to Asmara than from it. To leave Eritrea legally, Eritreans are required to have exit visas, which are almost impossible to acquire. Many welcome an open border if it leads to increased mobility for Eritreans, but this will require the Eritrean government to alter longstanding practices of restricting population movements. Unlike Ethiopians, Eritreans may not benefit from these newly opened travel routes.

Refugees are another population who may not benefit from peace. Open borders and increased mobility between the two countries are a source of concern and fear for many of the 160,000 Eritrean refugees hosted by Ethiopia, many of whom live in camps close to the border. Refugees voice concerns about protection of political asylees when the nearby border opens up and representatives of the regime in Asmara are free to travel across that border into Ethiopia.

Some of those political asylees were labelled as political dissidents while still in Eritrea, leading to their flight. Some have aligned themselves directly or indirectly with Eritrean opposition groups who until now were supported by Ethiopia.

A greater number of refugees fear repercussions that could amount to a witch hunt for political dissidents should Eritrean spies or officials have access to the camps, some of which are open and easily accessible to major roadways.

Many Eritrean refugees are fearful that their relative safety which has been guaranteed by the enmity between the two countries will be eroded as camps and urban spaces become penetrable by agents of the Eritrean government. Ironically, peace may make refugee lives in Ethiopia less peaceful.

Peace questions

Along with protection concerns, increased mobility between the two countries raises other issues for refugees, such as the continuation of the prima facia basis for granting Eritreans refugee status in Ethiopia. Will Eritreans who currently have political asylum for their opposition to the regime in Asmara continue to be protected in Ethiopia? Or will Ethiopia become a place, like Sudan, where they are vulnerable to capture and forced return by the Eritrean military?

On the other hand, some refugees wonder if the presence of an Eritrean embassy in Addis Ababa might help them. Refugees needing documents, particularly passports, to reunify with family members in other countries, have not been able to get them in Ethiopia.

Many have travelled to Uganda or Kenya to visit an Eritrean embassy where they are required to sign a letter apologising for leaving the country, admitting that they left for economic rather than political reasons, accepting punishment upon their return and agreeing to pay the two percent tax to the government, all in exchange for consular services.

A handful of refugees seem to be looking ahead towards repatriation. Some worry about whether it will be truly voluntary. Others wonder what resources will be provided for them to facilitate their return home. Almost all express concerns for their safety and the desire to see peace, and the chance to live free of government harassment in Eritrea, not only between the two countries.

Considering the Eritrean state operates on a logic of control and continues to deny that citizens who have fled are refugees in need of asylum, the safe and voluntary return of refugees currently residing in Ethiopia seems uncertain.

There is no doubt that peace between Eritrea and Ethiopia will change things in the region giving Ethiopia much-coveted sea access, boosting the economies of both countries possibly to the benefit of its Arab allies such as UAE. But closer to home, peace raises a number of questions that have yet to be answered as Eritreans wonder whether peace will benefit them.

– Dr. Jennifer Riggan is Associate Professor of International Studies at Arcadia University.

– Dr. Amanda Poole is Associate Professor of Anthropology at Indiana University of Pennsylvania. Both have been researching Eritrea for two decades and have been engaged in research on Eritrean refugees in Ethiopia for the past two years. 

Temple University Press Titles the Organization of American Historians Conference

This week in North Philly Notes, we highlight the books and authors at the Organization for American Historians Conference, April 12-14 in Sacramento, CA.

Visit us at Booth #210!
Titles on Display include:

Healing Our Divided Society_smHealing Our Divided Society: Investing in America Fifty Years after the Kerner Report, edited by Fred Harris and Alan Curtis.

This timely volume unites the interests of minorities and white working- and middle-class Americans to propose a strategy to reduce poverty, inequality, and racial injustice. Reflecting on America’s urban climate today, this new report sets forth evidence-based policies concerning employment, education, housing, neighborhood development, and criminal justice based on what has been proven to work-and not work.

“A Road to Peace and Freedom”:  The International Workers Order and the Struggle for Economic Justice and Civil Rights, 1930-1954by Robert M. Zecker

A Road to Peace and Freedom_smMining extensive primary sources, Robert Zecker gives voice to the workers in “A Road to Peace and Freedom.” He describes the International Workers Order’s economic goals, commitment to racial justice, and activism, from lobbying to end segregation and lynching in America to defeating fascism abroad. Zecker also illustrates the panoply of entertainment, sports, and educational activities designed to cultivate the minds and bodies of members.

Against the Deportation Terror: Organizing for Immigrant Rights in the Twentieth Century, by Rachel Ida Buff

Buff approved 032017.inddDespite being characterized as a “nation of immigrants,” the United States has seen a long history of immigrant rights struggles. In her timely book Against the Deportation Terror, Rachel Ida Buff uncovers this multiracial history. She traces the story of the American Committee for the Protection of the Foreign Born (ACPFB) from its origins in the 1930s through repression during the early Cold War, to engagement with “new” Latinx and Caribbean immigrants in the 1970s and early 1980s. By tracing the work of the ACPFB and its allies over half a century, Against the Deportation Terror provides important historical precedent for contemporary immigrant rights organizing. Its lessons continue to resonate today.

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On the Stump: Campaign Oratory and Democracy in the United States, Britain, and Australia, by Sean Scalmer

Scalmer_6 x 9_new ST_030717.indd“Stumping,” or making political speeches in favor of a candidate, cause, or campaign has been around since before the 1800s, when speechmaking was frequently portrayed as delivered from the base of a tree. The practice, which has been strongly associated with the American frontier, British agitators, and colonial Australia, remains an effective component of contemporary democratic politics. In his engaging book On the Stump, Sean Scalmer provides the first comprehensive, transnational history of the “stump speech.” He traces the development and transformation of campaign oratory, as well as how national elections and public life and culture have been shaped by debate over the past century.

Sinking Chicago: Climate Change and the Remaking of a Flood-Prone Environment, by Harold L. Platt

Sinking ChicagoSMIn Sinking Chicago, Harold Platt shows how people responded to climate change in one American city over a hundred-and-fifty-year period. During a long dry spell before 1945, city residents lost sight of the connections between land use, flood control, and water quality. Then, a combination of suburban sprawl and a wet period of extreme weather events created damaging runoff surges that sank Chicago and contaminated drinking supplies with raw sewage. Chicagoans had to learn how to remake a city built on a prairie wetland. Sinking Chicago lays out a roadmap to future planning outcomes.

Believing in Cleveland: Managing Decline in “The Best Location in the Nation,” by J. Mark Souther

Believing in Cleveland_smSouther explores Cleveland’s downtown revitalization efforts, its neighborhood renewal and restoration projects, and its fight against deindustrialization. He shows how the city reshaped its image when it was bolstered by sports team victories. But Cleveland was not always on the upswing. Souther places the city’s history in the postwar context when the city and metropolitan area were divided by uneven growth. In the 1970s, the city-suburb division was wider than ever.  Believing in Cleveland recounts the long, difficult history of a city that entered the postwar period as America’s sixth largest, then lost ground during a period of robust national growth.

Constructing the Patriarchal City: Gender and the Built Environments of London, Dublin, Toronto and Chicago, 1870s into the 1940s, by Maureen A. Flanagan

Flanagan_to AMA_062217.inddConstructing the Patriarchal City compares the ideas and activities of men and women in four English-speaking cities that shared similar ideological, professional, and political contexts. Historian Maureen Flanagan investigates how ideas about gender shaped the patriarchal city as men used their expertise in architecture, engineering, and planning to fashion a built environment for male economic enterprise and to confine women in the private home. Women consistently challenged men to produce a more equitable social infrastructure that included housing that would keep people inside the city, public toilets for women as well as men, housing for single, working women, and public spaces that were open and safe for all residents.

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