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Why Spanish speakers in US are getting into trouble

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Two high-profile incidents of Spanish speakers being c..

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Two high-profile incidents of Spanish speakers being challenged for not using English have raised familiar arguments over language and immigration in America.

What happened?

Ana Suda and Mimi Hernandez were queuing inside a petrol station in rural Montana when a Border Patrol agent demanded to see their identification.

The two US citizens were told they had been stopped because they were speaking Spanish in a "predominantly English-speaking state".

In a video of the 16 May incident, Ms Suda asks the agent if he is racially profiling them.

"It has nothing to do with that," the agent replies. "Ma'am, the reason I asked you for your ID is because I came in here, and I saw that you guys are speaking Spanish, which is very unheard of up here."

The women were detained for around 35 minutes before being allowed to go. US Customs and Border Protection says it is reviewing the case.

Ms Suda told the Washington Post the incident left her feeling uncomfortable speaking her own language.

Days later, on the other side of the US in New York City, footage of a lawyer threatening Spanish-speaking staff at a restaurant lit up social media.

In the video the man threatens to call Immigration and Customs Enforcement (ICE), the agency responsible for deportations from the US, after hearing restaurant staff speaking to each other in Spanish.

"They should be speaking English," he says in the video. "My next call is to ICE to have each one of them kicked out of my country."

Are US immigration authorities allowed to stop people for speaking Spanish?

The US Customs and Border Protection (CBP) has a nondiscrimination policy in place that prohibits using racial and ethnic stereotypes to conduct stops or searches.

But the language remains vague over how agents actually decide to question individuals.

The agency told the BBC in an emailed statement that "agents have broad law enforcement authorities" and that "decisions to question individuals are based on a variety of factors for which Border Patrol agents are well-trained".

CBP acknowledged they are reviewing the Montana incident, but emphasised "agents are not looking for one factor, but a multitude of indicators that when put together raise a reasonable suspicion of illegal alienage."

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Chris Rickerd, Policy Counsel at the American Civil Liberties Union, condemned the CBP agent's actions in Montana.

"It's outrageous for CBP to claim that a person's speaking Spanish at a convenience store can justify unequal treatment based on race or ethnicity," Mr Rickerd told the BBC.

"Border Patrol leadership must immediately and clearly condemn demanding papers from anyone for speaking Spanish," Mr Rickerd said, adding that the agent ignored the constitutional rights of the two women when he pulled them aside for speaking a foreign language.

"The heavy burden is on CBP to explain the agent's own words that he relied on a language spoken by tens of millions of lawful residents provided just cause for demanding papers."

How many Spanish speakers are there in the US?

The US is home to 41m native Spanish speakers, according to census data – that's 13% of the population.

And with another nearly 12 million bilingual Spanish speakers, the US is the second largest Spanish-speaking country in the world, ahead of Spain itself.

The number of native Spanish speakers has more than doubled since 1990, and if current trends continue, the US could even overtake Mexico in the decades to come.

Even among non-Hispanics, Spanish is America's most spoken foreign language.

While 1.9m New Yorkers speak Spanish at home, the Border Patrol agent in Montana was right about Spanish being relatively unheard in his state – the latest census data from 2011 shows only 13,000 residents (1.4%) of the population speak the language.

Is English the official language of the US?

English is the language of the US government, businesses, and many aspects of day-to-day life across the country.

But although more than 30 states have made it their official language, that is not the case federally.

In 1981 and 2006 US senators tried and failed to introduce an amendment to make English America's official language.

And while the US is becoming more overtly multilingual, the data shows English is safe.

In fact, according to a Pew Research Center study, children of Spanish-speaking immigrants are far more likely to lose their Spanish in the process of picking up English.

Are these incidents a new phenomenon?

No. The debate over what language Americans should speak has raged throughout the nation's history, particularly as the US expanded West in the 19th Century and immigrants arrived from around the world.

But the rise of smart phones and social media have made confrontations, whether with the authorities or a stranger, easier to record and report.

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Anti-Hispanic incidents have made up around half of all reported ethnic-bias hate crimes since 2004, according to FBI data.

The debate over immigration and language has only intensified under President Donald Trump whose tough stance on undocumented migrants was at the heart of his successful election campaign in 2016.

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Latin America

Coronavirus: What’s behind Latin America’s oxygen shortages?

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Before the clinic ran out of oxygen, Maria Auxiliadora da Cruz had been showing encouraging signs of progress against Covid-19. On 14 January, her oxygen levels had been above the normal level of 95% but, within hours of being deprived of that vital resource, her stats plummeted to 35%.

At this point, patients would normally be given intubation and oxygen by machine. Instead, the 67-year-old retired nurse died. “It was horrible,” her grieving daughter-in-law Thalita Rocha told the BBC. “It was a catastrophe. Many elderly patients began to deteriorate and turn blue.”

In an emotional video that went viral on social media, she described what was happening at Policlínica Redenção in the northern Brazilian city of Manaus. “We’re in a desperate situation. An entire emergency unit has simply run out of oxygen… A lot of people are dying.”

Brazil has the world’s second-highest Covid death toll with more than 221,000 fatalities. In Manaus, the health system has collapsed twice during the pandemic and deaths doubled between December and January.

Now there are fears the lack of oxygen supplies seen there could unfold elsewhere in Brazil and even in other parts of Latin America, where a second wave of Covid-19, in many countries, is proving to be worse than the first one.

In Peru, some hospitals have been unable to meet the demand brought by a steep rise in cases in recent weeks. As a result, patients’ relatives have had to hunt for oxygen in the black market. In some cases, they come back with nothing.

A black market is also thriving in Mexico, where more than 155,000 have died in the pandemic. To make things worse, there have been reports of thieves taking oxygen cylinders from hospitals and clinics.

According to the World Health Organization (WHO) one in five Covid-19 patients will require oxygen. In severe cases, this rises to three in five. The organisation says some hospitals have seen demand for oxygen increase between five and seven times above normal levels because of the influx of patients with severe and critical disease.

The most dramatic situation in the world is in Brazil, where nearly 340,000 oxygen cylinders are needed every day, according to the Covid-19 Oxygen Needs tracker. The online tool helps estimate the scale of the challenge for policymakers and was developed by the Covid-19 Respiratory Care Response Coordination partnership which includes Path and Every Breath Counts.

Also according to the tracker, Mexico and Colombia each need more than 100,000 cylinders daily.

So how does a hospital run out of oxygen?

Oxygen has been considered an essential medicine by the WHO since 2017, but Lisa Smith, from Path’s market dynamics program, says ensuring adequate supply depends on many “components” falling into place.

This includes not only sources of production, but also training to enable medical staff to monitor and manage oxygen levels.1px transparent line

Medical oxygen is produced in large quantities at plants and delivered to hospitals in two ways: either in bulk in liquid tanks or as pressurised gas in cylinders containing smaller volumes.

Liquid oxygen is the cheapest and best technology available but it requires hospitals to have the right infrastructure to pipe oxygen to the patient’s bedside. This is common in developed countries such as the US and those in Europe.

Cylinders do not require pipes and can be delivered to clinics without a sophisticated infrastructure. However, their distribution on a smaller scale means they are less cost-effective, in addition to being cumbersome to transport and handle, which also carries an increased risk of cross-contamination.

Another source of production is on-site oxygen plants, which produce oxygen to be piped or compressed into cylinders. The WHO says it is currently trying to map how many such plants exist in the countries.

After Manaus reached crisis point, oxygen donations were sent from the federal government and other states – as the local providers said they were unable to increase production – and across the border from Venezuela. But even transporting them became a problem.

Jesem Orellana, an epidemiologist at the Oswaldo Cruz Foundation in the Brazilian city of Rio de Janeiro, said the risk of shortage continued and was exacerbated by global demand.

According to Path, medical oxygen accounts for just 5-10% of the world’s oxygen production. The rest is used in various industries, such as mining, chemical and pharmaceutical.

“We need to think about oxygen as much as we think about electricity, water or other essential utilities,” says Ms Smith. “This can’t be something that we’re only concerned about when it’s bad, because when it’s bad, people will die.”

In the meantime, there are concerns that the strain of Covid-19 on oxygen supplies could have a knock-on effect for the treatment of other diseases.

“Covid has shown us just how essential it is in countries where there is no vaccine against Covid, no medicines,” says Leith Greenslade, who leads the Every Breath Counts Coalition. “Often, it’s down to whether you get oxygen or not, whether you live or die.”

Read from source: https://www.bbc.com/news/world-latin-america-55829424

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Latin America

Honduran abortion law: Congress moves to set total ban ‘in stone’

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Parliament in Honduras has initially approved a bill that will make it virtually impossible to legalise abortion in the country.

The new measure will require at least three-quarters of Congress to vote in favour of modifying the abortion law, which is among the strictest in world.

Honduras forbids abortion under any circumstance, even rape or incest.

Its latest move comes in response to Argentina legalising abortion last month.

Across Latin America, there has been increased pro-choice campaigning, known as the “green wave”, based on the colour worn by protesters.

The new legislation in Honduras hinges on an article in the constitution that gives a fetus the same legal status of a person. Constitutional changes have until now been permitted with a two-thirds majority, but the new legislation raises that bar to three-quarters within the 128-member body.

The measure still needs to be ratified by a second vote. However, support was clear on Thursday: with 88 legislators voting in favour, 28 opposed and seven abstentions.

Honduras has a stanchly conservative majority, which referred to the measure as a “shield against abortion”.

“What they did was set this article in stone because we can never reform it if 96 votes are needed [out of 128]”, opposition MP Doris Gutiérrez told AFP news agency.

Mario Pérez, a lawmaker with the ruling party of President Juan Orlando Hernandez, formally proposed the change last week, calling it a “constitutional lock” to prevent any future moderations of the abortion law.

“Every human being has the right to life from the moment of conception,” said Mr Pérez.

Ahead of the vote, UN human rights experts condemned the move, saying in a statement: “This bill is alarming. Instead of taking a step towards fulfilling the fundamental rights of women and girls, the country is moving backwards.”

Abortion has been constitutionally banned in Honduras since 1982.

In 2017, lawmakers voted on decriminalising it in the case of rape, incest or when there was danger to the mother or the fetus, but the move was roundly rejected.

Nicaragua, El Salvador and Haiti also have complete bans on abortion, but Honduras is the only country to also prohibit the use of emergency contraceptives in all cases, including after rape.

Cuba, Uruguay, Guyana and Argentina are the only Latin American countries to permit abortion in the first weeks of pregnancy.

Read from source: https://www.bbc.com/news/world-latin-america-55764195

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Latin America

Mynor Padilla: Killer of anti-mining activist pleads guilty

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The ex-security chief at a mine in Guatemala, Mynor Padilla, has pleaded guilty to killing an anti-mining activist in 2009.

Adolfo Ich was killed at the Fénix mine, which was owned at the time by a subsidiary of Canadian mining giant Hudbay Minerals.

He had been campaigning against the mining project and for his community’s land rights.

Germán Chub, a bystander, was also shot, leaving him paralysed.

The guilty plea comes at a retrial after Padilla was cleared of murder at a previous trial.

What happened in September 2009?

The Fénix nickel project was owned by the Guatemalan Nickel Company (CGN), a subsidiary of Toronto-based Hudbay Minerals.

CGN wanted to develop the mine, but the indigenous Maya community objected, arguing that much of the company’s land belonged to them.

The company said it engaged in talks to negotiate their resettlement but members of the Maya community said they were threatened with forced evictions.

On 27 September 2009, security guards at the mine attacked members of the community with machetes and firearms, according to witnesses.

Adolfo Ich was killed, Germán Chub was left paralysed, and at least seven more people were injured.

What was Mynor Padilla’s role?

Mynor Padilla was the chief of security at the Fénix project and witnesses said he was the key man in the attack on 27 September 2009.

Hudbay defended its personnel, alleging that members of the Maya community had turned on each other and that their security staff had acted in self-defence.

Following a three-year murder trial Padilla was acquitted, much to the outrage of the victims’ families who launched an appeal.

What’s the latest?

The court of appeal overturned the acquittal and ordered a retrial which began in December 2020.

After having for years maintained his innocence, Mynor Padilla entered a guilty plea which was accepted by the court on Wednesday.

A lawyer for Adolfo Ich’s widow in a civil lawsuit against Hudbay Minerals in Canada called it a “momentous day”.

Why does it matter?

There are three civil lawsuits under way against Hudbay Minerals in Canada, in connection with the Fénix mine.

One of them was filed by Adolfo Ich’s widow, Angélica Choc, who alleges that the company failed to take adequate precautions to ensure that human rights abuses would not be perpetrated by Hudbay’s security personnel.

In 2013, a court in Ontario allowed the lawsuits to proceed, making it the first time that foreign claimants were allowed to pursue a lawsuit against a Canadian company in Canada for alleged human rights abuses.

Cory Wanless, one of the lawyers for the plaintiffs, said that following Mynor Padilla’s guilty plea “it will be difficult for Hudbay to continue to argue that it does not bear responsibility for the killing and shooting”.

Hudbay Minerals has released a statement saying it would “review the court’s decision once it is released”, which is due to happen later this month.

The company, which sold the Félix mine to Swiss-based Solway Group in 2011, also stated that “any agreements made in the Guatemalan court do not affect our view of the facts of Hudbay’s liability in relation to civil matters currently before the Ontario court”.

Read from source: https://www.bbc.com/news/world-latin-america-55573682

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