NEWSLETTER October 1992 JUSTICE WITHOUT VIOLENCE AND ENVIRONMENTAL PROBLEM SOLVING PROJECTS COMPLETED This summer the CRC completed two books which are now being sent to publishers. One is the end result of the United States Institute of Peace grant to the Justice Without Violence Project. The other is the result of the University's grant to the Environmental Problem Solving Project. Justice Without Violence reports on two years' work by the Justice Without Violence Project team. Chapters include, first, an Introduction, by Guy Burgess and Heidi Burgess; and a literature review of related theory and research, by Heidi Burgess. These are followed by two theoretical chapters: "Peace, Justice, and the Faces of Power" by Kenneth Boulding, and "Nonviolent Direct Action and the Diffusion of Power" by Doug Bond of the Harvard Program on Nonviolent Sanctions. In his chapter, Boulding lays out his tripartite theory of power, which describes power as being based on threat, exchange, and integration or "love." He also muses about the causes of violence and nonviolence, the meaning of "justice," and how all these concepts and processes relate to human welfare and peace. Bond's paper also examines the concept of power in detail. His theory of power examines mechanisms of action (individual acts or techniques) compared to mechanisms of change (ways in which the mechanisms of action work to bring about change). Eight case studies follow. In "Violence, Nonviolence, and Justice in Sandinista Nicaragua," Paul Wehr and Sharon Erickson-Nepstad examine the interplay between violence, much of which was externally stimulated; conflict moderating institutions (including institutional and normative constraints on violence) and nonviolence, especially mediation and other innovative conflict management methods. Especially important to the book as a whole is Wehr and Nepstad's development of the concept of power strategy mix. This is the mixture or balance of threat, exchange, and integrative strategies that are used to bring about change. The less violent the mix of power strategies, they argue, the more successful the challengers will be in achieving justice. Some threat is essential to escalate the conflict to the point of change, they assert, but that threat need not be violent. Integrative strategies are useful as well, but also must not be too strong, or creative conflict will not occur. The amount of exchange in the mix, Wehr and Nepstad argue, "is the means by which threat and integration are kept at sufficiently moderate levels to permit movement toward justice-oriented change." In "Nonviolence and the 1989 Revolutions in Eastern Europe," Joel Edelstein examines the 1989 revolutions as a regional social movement. While nonviolent direct action played a part in these movements (more so in some countries than in others), Edelstein also found top-down change to be a highly important factor which precipitated the revolutions. "All of these [Eastern European] countries had experienced the development of conditions which spurred forces of reform within political and social elites. Consequently, in Hungary and Bulgaria, as in the Soviet Union, political as well as economic reform was initiated by forces within the respective ruling parties." Edelstein analyzes these changes, as well as the forces of direct action which brought about the Eastern European revolutions of 1989. "The Political Situation in the Soviet Union and the Possibilities for Nonviolent Change" was written by Zaven Arabajan, a member of the Soviet Academy of Sciences, in May 1991, the spring before the failed coup and the later dissolution of the Soviet Union. This paper gives an insider's view of the changes which were then sweeping the Soviet Union. While massive change came much more quickly than Arabajan had envisioned, his chapter does give readers an understanding of the conflicts and dynamics of change which were sweeping the Soviet Union prior to its disintegration. In "China's Movement to Resolve Citizen/Government Conflicts Without Violence," Steve Thomas examines the history of protest in the People's Republic of China and assesses the prospects for future nonviolent change. Although the Tiananmen Square massacre ended the 1989 student protest, Thomas expects similar issues to arise again. "In the long term," he says, "the student demonstrations may have set the stage for the reformation, even the abolition of the Communist Party. If the government continues to provide economic growth and resists further violent repression of its own citizens, it may yet oversee the transition of power to a more democratic system....If, however, the economy reverses direction, the Chinese Communist system may be overthrown as in Eastern Europe. Such radical change would probably be precipitated by yet another round of mass protests, led by students and supported by a still larger percent- age of China's urban population." Either way, Thomas expects continued progress toward democratic rights and institutions to occur in China over time. These chapters were followed by two chapters on Africa. The first is "Nonviolent and Violent Ethnic Protest in Africa," by Jim Scarritt. This empirical work examines three types of protest by ethnopolitical groups in Africa: nonviolent protest, riot, and rebellion. Scarritt relates the type of protest to the attainment of democracy, human rights, and social justice in Black Africa. The paper presents both a statistical analysis of data from the Minorities at Risk dataset and the Polity II dataset, and a more speculative analysis of relationships not adequately addressed by the empirical data directly. Nonviolent protest, Scarritt finds, is more likely than riot or rebellion to be positively related to at least some aspects of democracy, while rebellion is least likely to be associated with democracy. The data did not, however, indicate a tie between nonviolent protest or democracy with improved human rights protection and greater social justice (although it did not show a negative relationship either). Scarritt concludes that "our data give only weak and ambigu- ous support to the conclusion that justice is attainable without violence for many Black African minorities at risk, and less, if any support to the conclusion that it is attainable by any of them through violence. Unfortunately, injustice remains an all-too-likely outcome of all forms of protest." "Foreign Threats and Domestic Actions: The Case of Sanctions Against South Africa" was written by William Kaempfer, Anton Lowenberg, Naci Mocan, and Lynne Bennett. While the perception of many economists and political scientists is that external sanctions are largely ineffective in forcing governments to change repressive and aggressive policies, Kaempfer et al. suggest that sanctions do have "signal" or "threat" effects which work independently of their income effects. These, they say, may even be more important than the latter in creating policy changes. However, the effect of sanctions are difficult to predict and hard to control. In South Africa, for instance, they found that sanctions had an immediate positive effect on the level of anti-apartheid pressure. Yet the long-term effect depressed Black incomes sufficiently to diminish their capacity to wage an effective resistance campaign. Kaempfer et al. conclude that sanctions should only be applied with caution, as haphazard application may be ineffective or even counterproductive. The seventh case study, "Belief-Systems and the Appeal of Justice Without Violence: Lessons from the Middle East," was written by Amin Kazak, a Lebanese political scientist, now working at the University of Colorado-Denver. Kazak examines the belief systems of Islam, Christianity, and Judaism in detail to determine the extent these religious views either support or inhibit the use of nonviolence in the resolution of the Palestinian conflict. Kazak then examines the Palestinian Intifada as an example of both violent and nonviolent direct action which has had considerable impact in the Middle East. A final case study on "Attaining Justice Through Development Organizations in India" was written by Elizabeth Moen. Although Gandhi is still widely revered in India, the nation remains plagued by massive physical and structural violence. This violence is now being combatted by a new nonviolent movement which Moen says, is "led not by a single great soul, but by thousands of grass roots organizations which aim to enable India's most oppressed people to uplift themselves." Moen examines the accomplishments, the failures, and the obstacles facing these Development Organizations (DOs) and their Development Workers in India today. The picture she draws is as complex as it is detailed. DO's have been effective-- sometimes quite dramatically. But theirs, she says, "is a happy and sad story with an unknown ending. With all of its troubles--serious troubles--there is at least one source of hope in India: DOs with both vision and strategy for a just and nonviolent society." Yet the DOs lack the power and the resources they need to be truly effective. Their ability to attain such will determine their future success. The final chapter of the book is the "Theoretical Synthesis," written by Heidi Burgess and Guy Burgess. This chapter pulls together the theoretical insights from all the earlier chapters and begins to develop a theory of factors which contribute to or inhibit successful nonviolent movements for increased justice. Given the complexity of the topic, the large number of independent variables, the complex interac- tion between the variables, and the small number of cases analyzed, they were not able to develop one theory of how or when nonviolence works or doesn't work. However, they did begin to develop a list of concepts which seem to be of importance in determining how and when nonviolence works as it does. These include: the nature of the injustice, group characteristics, historical context, structural factors, outside influence, protest group objectives, tactical considerations, and the dominant group's response. The Burgesses also discuss measures of success and the future research needed to determine more precisely which factors contribute to success under what conditions. All of these revised chapters are available as CRC working papers. Improving the Environmental Problem-Solving Process: Lessons from the 1988-?? California Drought is a multi-disciplinary study of California's response to the drought which started in 1988 and still goes on. Although California is an unique state in many respects, it shares many important features with the other Western states. In his introductory chapter, Lloyd Burton lists seven such commonalities. These are: 1) Distributional Dynamics. In California, as elsewhere, the human demand for water is not geographically located where the surface water is found. This requires extensive construction of dams and diversion facilities to store and transport water from one part of the state to another. In addition to the expense of such diversion, legal and political disputes often arise between areas or individuals who have water (and want to keep it) and those who do not (and want to get it). 2) Environmental Consequences. The redistribution of water has permanently altered and often adversely affected the diversity of the non-domestic ecosystem. Marginal increases in diversions often result in dramatic deterioration of rural and wild ecosystems. 3) Urbanization. The fastest growing demand for water is municipal and industrial. Although California is growing faster than other Western states, most of the arid West is experiencing rapid expansion of the urban areas and, hence, the need for water. 4) Limited Capacity. In addition to ultimate limits on water quantity, California, like much of the arid West, is nearing a limit of its built storage capacity. 5) Increasing Tension Among User Groups. As urban water needs grow, tensions are mounting between agricultural users (who still use over 80% of the water in the West) and urban users. While some reallocations have been consensual, others have been the result of strong political pressure and conflict. 6) Federal Influence. Federal influence in Western water decision making is extensive as the federal government controls funding, policymaking and management of federal water projects. It also regulates hydroelectric power, flood control, wetlands, wildlife habitat, water quality, and American Indian water rights. Thus, federal agencies can significantly enhance or inhibit state and local water management efforts. 7) Water Quantity/Quality Relationship. Federal and state regulations set standards for allowable concentrations of specific pollutants in water. If the volume of pollutants discharged into the water remains constant while a drought reduces the water's flow, the result is rapidly increased pollution levels. The California drought provides a good example of all of these problems. While individual and institutional response to the situation in California is in some ways unique, it seems likely that this story holds important indicators of what may lie in store for other arid states as water becomes increasingly scarce. In addition to Burton's introduction, other chapters in the book include "Allocating Water Shortages: A Case Study of the Central Valley Project and the State Water Project In California," written by Larry MacDonnell, a lawyer with the Natural Resources Law Center; "Institutional Innovation in Drought Response," by Charles Howe, an Economist with CU-Boulder's Department of Economics and the Institute of Behavioral Science; "Disputing Distributions in a Shrinking Commons: The Impact of Drought on Water Allocation Institutions," by Lloyd Burton, a professor of Public Affairs and Co-director of this project; "Water Supply System Adjustments to Drought," written by Lynn Johnson, a professor of Civil Engineering; "Decision Support Systems (DDS) for Environmental Conflicts: Tools for Establishing a Base for Negotiation," by Rene Reitsma, a Research Associate with the Center for Advanced Decision Support for Water and Environmental Systems, which is part of the Department of Civil Engineering, and Assistant Professor, Department of Geography. Guy and Heidi Burgess, Project Co-Directors and Co-Directors of the CRC wrote "Social Conflict Constraints on Adaptation to Environmental Change: Lessons from the 1988- 199? California Drought," and Lloyd Burton wrote the "Conclusion." Since the individual chapters were reviewed in earlier newsletters (Burton, Howe and MacDonnell's in February, 1992, and others in May 1992), we will not include chapter summaries here. However, individual chapters are available from the CRC as working papers. INFORMATION EXCHANGE PROJECT One of our major activities this summer has been the expansion and improvement of the Information Exchange Project. Aided by a grant from the United States Institute of Peace as well as the program's continuing support from the Hewlett Foundation, we have collected thousands of new bibliographic entries on peace and conflict resolution from around the world. New contributors have included: The State Justice Institute The University of Syracuse, Program on the Analysis and Resolution of Conflict The Institute for Multi-Track Diplomacy (John MacDonald and Louise Diamond) The Iowa Peace Institute The Program on Negotiation at the Harvard Law School The Peace Studies Association The Georgia Consortium on Multi-Party Conflict Resolution The University of Hawaii Program on Conflict Resolution The Center for Science and International Affairs, J.F.Kennedy School of Government, Harvard University The United States Institute of Peace The University of Minnesota Conflict and Change Center Several new bibliographies from CU including Elizabeth Moen's bibliography on India, William Kaempfer's bibliography on sanctions and South Africa, and Rodney Hero's bibliography on ethnic conflict Approximately 10,000 new CRC entries on peace research The new entries are now being checked for duplication, reformatted, coded, and entered into the system. The updated system will be available on diskette for IBM-compatible or Macintosh users later this fall. While we haven't set the final price yet, we expect it to be available for about $30.00--including a search only version of the EndNote Plus software. We hope to make the system available online on Internet, PeaceNet, and ConflictNet as well. THE INTRACTABLE CONFLICT PROJECT Last year we were struck by the amount of conceptual overlap between our three major theory- building projects--the Justice Without Violence Project, the Environmental Problem Solving Project, and the Intractable Conflict Project. All three efforts demonstrated the importance of what we call the tractability dimension. At one end are the more-tractable disputes. These disputes tend to be relatively "simple," short- term disagreements which are usually amenable to interest-based negotiation, mediation, arbitration, or, as necessary, adjudication. Disputes between a small number of parties, involving a limited number of issues, relatively low stakes, with clearcut interests, rights, and remedies tend to be of this type. One of the great contributions of the dispute resolution field has been the development of effective techniques for handling these kinds of disputes more efficiently and, some say, more humanely, than is done in the overburdened court system. At the other extreme are the less-tractable or even intractable conflicts--the ones that continue year after year and seem to defy all attempts at resolution. Examples would include issues such as civil rights, abortion rights, sexual orientation and harassment, racial and ethnic disputes, and many public policy and environmental disputes--e.g., the protection of ancient forests and endangered species, "not in my backyard" siting conflicts, and conflicts involving toxic and other hazardous materials. All of the conflicts examined in the Justice Without Violence Project are less-tractable conflicts, as are many of the public policy conflicts regarding water which we examined in the California drought project. (While that particular drought may end, the problem of water use and distribution in the West will continue.) Strong advocates of alternative dispute resolution (ADR) imply that ADR techniques can solve most (if not all) conflicts if applied properly. In Getting to Yes, Fisher and Ury imply that all interpersonal conflicts can be resolved with principled negotiation--even when the opponent is bent on playing "hardball." In his later work with Brett and Goldberg, Ury develops the notion of dispute systems design, which labels disputes as being interest-based, rights-based, or power-based and then suggests appropriate ADR solutions to each type of dispute and an overall system to move disputes from one level to the next, and at times, back again, until they are resolved. Other theorists talk about the transformation of intractable conflicts to more tractable ones which can be resolved through negotiation, mediation, or related processes. Louis Kriesberg and his colleagues at Syracuse have produced a useful volume of case studies which examine first, the sources of intractability, second, the dynamics of intractability, and third, the transformation of conflicts from intractable to tractable. In his concluding chapter, Kriesberg notes that not all parties to a conflict would agree that the transformation of a conflict to a tractable one would be in their best interest. The slant of the book, however, clearly favors transformation over continued conflict, and investigates when and how such transformation can be brought about. John Burton and colleagues at George Mason University have taken a similar approach. Their investigation of what they call "deep-rooted conflicts" examines the nature of these conflicts, how they differ from more superficial disputes, and how they can be resolved. The resolution, they suggest, involves the recognition and provision of basic human needs. When the human needs of all groups are understood and addressed, Burton argues, deep-rooted conflicts are transformed to more-tractable conflicts and can be resolved. Although the approaches taken by our colleagues at Harvard, George Mason, and Syracuse are highly valuable and interesting, their optimism about the feasibility of transforming and/or resolving less- tractable conflicts is open to question. Certainly, transformation does occur in some cases, but very often it does not, and probably cannot. Many people--politicians, bureaucrats, dispute resolution scholars, practitioners, and others--have suggested approaches for dealing with these problems at the policy level. Yet no approach has succeeded in resolving any one of these conflicts. On the contrary, many of these conflicts seem to be escalating and becoming increasingly destruc- tive. Ethnic and racial conflict seems to be on the rise worldwide, sexual harassment--at least in the U.S.--is a serious problem, environmental controversy grows, public policy disputes in the U.S.--over issues as diverse as taxes, education, and abortion--grow increasingly heated. In all of these cases, the differences of values and interests are so profound that the relationship will likely continue to be one of confrontation rather than collaboration for a long time to come. These are the issues on the frontier of the field of conflict resolution. We all know we need to do better regarding these conflicts. But we don't know what "better" means, or how to achieve it. In an effort to address these questions, we have decided to broaden last year's Intractable Conflict project to include many more people--some from our other theory-building programs, activists, third-party intervenors or facilitators, the media, etc. A seminar series starting in early November will have speakers from each of these groups examining a variety of less-tractable conflicts--racial and ethnic conflicts, public policy conflicts, environmental conflicts, and conflicts of basic values. Speakers will all be asked the same two questions: How can less-tractable conflicts (or a particular less-tractable conflict) be better handled? and What do you mean by "better?" The best of these presentations will later be combined into a book with introductory and synthesis sections, much as we have done with our other projects in the past. More details about when, where, and who the speakers are will be distributed within the next few weeks. SEMINAR REPORTS Several seminars which relate to the intractable conflict project have been held over the last several months. Reports of these meetings are given below. Intractable Conflict Meeting with Sol Rosenthal and Steven Gottlieb from the Denver Anti-Defamation League Last spring the Intractable Conflict team had an interesting meeting with Sol Rosenthal and Steven Gottlieb from the Denver Chapter of the Anti-Defamation League. The ADL has been very active working with the African American community in an attempt to improve relations between Blacks and Jews. They have also been involved in orchestrating response (actually nonresponse) to KKK events in Denver and el- sewhere. We asked Mr. Rosenthal and Mr. Gottlieb to join us to explain how they approached intractable conflicts and to explain what they saw as constructive and destructive in race, ethnic, and religious confrontations. The ADL, we learned, makes some assumptions that differ considerably from some the Intractable Working Group has been making. One difference involves the theoretical identification of groups. We have identified four parties to the typical intractable conflict: first parties, who want to change something; second parties, who are opposed to first parties and want to maintain the status quo; third parties who are official intermediaries (for instance mediators and the police); and fourth parties, who are bystanders watching the drama ensue. Analyzing KKK events, Rosenthal divided the participants differently. There are the Klan and the anti- Klan groups, (our first and second parties), and the police (our third party). Then he adds what might be called conflict groupies--those people who go to anything where there might be "excitement" (which we agreed after some discussion, probably meant violence), and there are the Klan opposition groups who are not there. Lastly, working group member Emily Calhoun added, there is the press, which is often as impor- tant to the unfolding events as the parties themselves. We also found the ADL has a very different assessment of the possibility and the advisability of ignoring intractable conflicts. The ADL strategy with the KKK is largely to ignore them, to get people to stay away from KKK events. "Some things go away quicker," Rosenthal argued, "if they are ignored." The ADL believes the KKK is one of these things. The more attention they get, the more they grow, Rosenthal said. If they get no attention, he argued, they will die out. This is very different from our assessment, which argues, first, that hate groups will not die out on their own, and second, that they tend to challenge so strongly what opposition groups consider to be acceptable beliefs and/or behavior, that they simply cannot be ignored. Rosenthal acknowledged that some people do feel that they have to oppose the KKK with their own presence at KKK rallies. If people insist on "coming" to counter the KKK, Rosenthal suggests that they do this as far away as possible. For instance, he suggests staging a positive march or celebration of ethnicity or diversity at a location distant from the KKK event, in an attempt to pull people away from the KKK and to promote a more positive image of the same question. This, ADL argues, will hurt the KKK cause, while attending KKK rallies just draws media attention to the KKK and at times, precipitates violence. Violence then brings more media attention. The ADL's goal is to diminish the amount of media attention given to the KKK and similar hate groups, as they believe that these groups thrive on and expand from the media coverage they receive. Another issue discussed was why and whether the KKK should receive police protection. Typically, they get much more police protection, Rosenthal noted, than do the opposition protestors. This, he argued, is both unfair and inappropriate. If they were not given any police protection, maybe they would not feel so free to stage their demonstrations. Affirmative Action in Graduate Schools: Perpetuating Racism or Correcting Past Wrongs? Debate between Lino Graglia, A. Dalton Cross Professor of Law, University of Texas, and Emily Calhoun, Professor of Law, University of Colorado. Held at the University of Colorado School of Law, March, 1992. Sponsored by the Colorado Federalist Society and the Adolph Coors Foundation. Prof. Calhoun opened the debate by identifying the purposes and consequences of affirmative action policies. Noting that the American Association of Law Schools seeks to encourage diversity, affirmative ac- tion policies were neither adopted to discriminate against the white majority nor to encourage prejudice in favor of African Americans and other minorities. While many see the purpose of affirmative action as a remedy for past wrongs, other worthwhile purposes are furthered by such policies. Among the most important goals furthered by affirmative action is the integration of society. Participation by Blacks in positions of power can best be accomplished through affirmative action. Both society, in general, and law firms, in particular, seek to fully integrate minority members. Given the current political, economic, and social situation, lack of action toward integration would be a disastrous policy statement. Prejudice remains among the most serious social problems. The participation of minorities in the classroom provides three significant advantages: (1) the viewpoints they represent are important in the educational process; (2) their participation increases the likelihood that majority members will come to view minorities as individuals (rather than stereotypes); and (3) by establishing a critical mass of minority participation, the chances that minorities will feel comfortable in expressing their viewpoints increases substantially. Minorities will feel more free to express their individual viewpoints when they no longer have to serve as a "representative" of their group. Affirmative action does not require the imposition of rigid guidelines, Calhoun stated. Furthering such goals in no way constitutes an entitlement to admission on behalf of minority members. Acknowledg- ing that it is troubling that affirmative action will undoubtedly exclude some innocent white applicants, such results do not override the gains to be achieved. Similar adverse impacts result from the imposition of any admissions criteria. Prof. Gaglia criticized affirmative action as a policy of racial preference. Noting that Brown v. Board of Education prohibited discrimination on the basis of race, he suggested that the consequences of a return to racial discrimination are very serious. This will not be accepted by society as a whole, he argued. Further, Gaglia maintained, affirmative action tends to promote racial segregation and reinforce race consciousness. He believes this will make race conflict come to a head and that affirmative action is an extremely dangerous policy. Gaglia questioned what is served by admitting minority members on the basis of affirmative action. Such a policy represents a tautology in which the goal becomes the justification (admitting more minorities so that we will have more minorities). He further questioned why it is important to have such representation, asking if, for example, it is objectionable to have a high percentage of Oriental engineers, or a high percentage of Jewish professors on the faculty. Prof. Gaglia's conclusion was that proportionality should not be a goal. Prof. Gaglia noted that the evidence does not support the conclusion that admissions tests are biased but, even if they were, the problem would not then be one of preferences but of test design. He went on to criticize the justification of affirmative action (as a remedy for past wrongs) by noting that the beneficia- ries were not necessarily the same individuals who were victimized. Suggesting that those helped most by affirmative action were middle-class Blacks, he observed that poor Blacks remained subject to exclusion. He concluded his remarks by examining the preferences employed in the Bakke case. He observed that minority applicants were admitted with scores below the 30th percentile while Bakke was rejected despite scoring above the 90th percentile. A rather heated question/comment period followed focussing on the tendency for some private schools to give preferential admission to children of alumni, thereby perpetuating segregation. Hate Groups: They're Back and Better Than Ever. Professor Ward Churchill, American Indian Studies, Professor Estevan Flores, Sociology, Jack Lang Y Marquez, President, Mountain States Coalition Against Malicious Harassment (MSCAMH), James Joy, Executive Director, American Civil Liberties Union, Bobbi Tobin, Anti-Defamation League, moderated by Pen- field Tate. March, 1992 Sponsored by the Student Leadership Institute on Diversity. Prof. Flores opened the panel discussion by drawing attention to the hate crimes occurring at the Mexican border. For those crossing our borders, violence has become a way of life. Between May 1989 and May 1991, more than two thousand cases of abuse on the basis of race/nationality were recorded. One quarter of these complaints alleged physical abuse, 360 cases involved verbal abuse, and, 15% involved denial of due process rights. During this two year-period, seven deaths occurred at the hands of im- migration authorities using excessive force. In addition to the abuses committed by border patrol agents, Hispanics also encounter a significant threat from vigilantes. "Light up the border" activities are common events at which vigilantes park their trucks en masse at the border to light up the area and make clandestine crossing more difficult. Individuals who manage to pass through the border (as well as those who just look like them) are frequently attacked and terrorized in our present political climate of intolerance. To Mexican-Americans, Chicanos, and other Hispanics, the border patrol constitutes a hate group. Prof. Flores concluded his remarks by noting that, to combat hate crimes, we must seek the good- ness and value in other cultures. His goal would be to cultivate an appreciation for and respect of different cultures. Such a pluralistic sensibility can best be achieved through study and travel. He emphasized that knowledge acquired must also be shared with others and taught to future generations. Mr. Marquez continued the discussion, noting that hate crimes will be one of the most important civil rights issues confronting us during the next decades. A fundamental question for our future concerns whether we will be able to accommodate diversity or end up as victims of our own inability to coexist. Mr. Marquez then explored the threat posed by hate groups and the bonds which unite them. The hate movement does not stand for empowerment of whites, as some allege, but rather, the installation of the white race as the dominant and exclusive power within the United States. For instance, an organization in Hayden Lake, Idaho, known variously as the Aryan Nation or, the Order, is dedicated to overthrowing the United States government and revoking citizenship rights for all non-whites. They profess that a race war will inevitably occur which will be followed by a restoration of the white race to power. This group has been responsible for numerous (and increasing) hate crimes, including the murder of Denver radio personality, Alan Berg. Mr. Marquez then provided highlights from a report prepared by the Southern Poverty Law Center's Klanwatch Project, which documented an alarming, geometric increase in the number of hate crimes during the 1980s. He briefly described Colorado's recently enacted ethnic intimidation laws which provide protection to individuals subjected to criminal acts on the basis of their race, ethnicity or religion. He noted, however, that efforts to include protections for victims of harassment on the basis of sexual orientation were defeated in the legislature. Mr. Marquez concluded his remarks by reminding the audience that the agenda of these groups represents nothing less than a renewal of Hitler's philosophy. It comprises a new Holocaust and a new era of slavery. Prof. Joy began his presentation with the observation that racism is America's original sin. Written into our constitution, racism's legacy has continued to haunt us throughout our history. The recent increase in hate group activity is a symptom of the divisions festering within our society. The issue confronting us is how we can come together to bring about Martin Luther King's dream. Prof. Joy suggests that to do so, we must take the "high road." Whenever hate groups participate in illegal activities, we must insist upon diligent and enthusiastic enforcement of the law. The tougher question is what to do about hate groups which stay within the confines of our laws. Recognizing that their speech and activities are hurtful, Prof. Joy nevertheless emphasized that we must fight "bad" speech with "good" speech. No idea has ever been successfully suppressed. The numerous attempts to delineate and proscribe "bad" speech have met with uniform failure. Indeed, we cannot rely upon the government, President Bush, or Rep. Strickland to solve problems such as these. Prof. Joy concluded by reminding the audience that, on an individual level, each of us has the responsibility to end racism. Hateful and racist remarks should not pass by without rebuttal and objection. Such responses, as well as economic boycotts and social ostracism, will eradicate the problem far more effectively than laws attempting to define and prohibit categories of speech. Ms. Tobin began her presentation by taking exception to the title of the forum. She noted first, that hate groups have never truly left us and second, that describing the resurgence as "better" is vague, at best, and offensive, at worst. Providing a broad history of hate groups, Ms. Tobin noted the dramatic fluctuations in membership the Klan has witnessed. During both the 1870s and the later 1920s, the Klan had boasted millions of mem- bers, yet, during the early 1920s and late 1980s, the Klan could claim fewer than 10,000 members. The Klan and its kindred organizations should not be discounted on the basis of low membership numbers, however. As a rule of thumb, the Anti-Defamation League considers that, for each "card-carrying member," there are probably ten individuals who are unwilling to formally join but are nevertheless sym- pathetic. Ms. Tobin also identified some of the bonds which tie together the loose and diverse coalition of hate groups, including the Klan, Neo-Nazis, Skinheads, and the New Alliance. Apart from common philosophies and goals, many of the members of these groups also share membership in a particular religious sect known as the Christian Identity Movement. This movement adheres to a number of beliefs: that whites are the true descendants of the lost tribes; that Jews are the children of Satan, and, that Blacks are at the spiritual level of animals. Another religious group binding the coalition together is the Church of the Creator. Members of this sect add Christians to their hate list. Ms. Tobin noted that the strength of these hate groups can be evaluated by three criteria: membership, influence, and potential for violence. By the first two criteria, the present hate groups are nowhere near the levels they have attained in the past. But, due to the age in which we live, their potential for violence exceeds their prior capabilities. Their ability to stockpile weapons, manipulate the media, utilize computer bulletin boards and telephone hotlines have contributed significantly to their potential for violence. Ms. Tobin concluded her remarks with two observations: most "haters" are not members of hate groups and, the best way to fight "bad" speech is with "good" speech. Prof. Churchill shifted the direction of the forum, suggesting that legislative responses to the prob- lem of hate crimes and speech are not even necessary. He drew attention to provisions of the international Genocide Convention of 1958 which prohibits not only acts of persecution, but incitement of, and complicity in, such acts. Thus, racist hate speech, in and of itself, violates these laws. According to Prof. Churchill, these conventions of international law (signed by 105 nations, including the United States) represent the supreme law of this and every land, superseding the dictates of any individual nation's constitution. Acknowledging that these provisions of the Convention have not been incorporated into United States law, he suggested that it is therefore incumbent upon each of us, individually, to secure their enforcement. Prof. Churchill observed that, if we can constitutionally proscribe speech which calls for the assassination of our President, speech which calls for genocide of an entire race or ethnic group should be similarly prohibited. He concluded by observing that we are not helpless people, we are only confused and that the Klan must not be allowed to continue. The moderator, Penfield Tate wrapped up the forum with a few brief observations. The first step toward solving the problem of hate groups, recognition, has been furthered by this forum. Each and every person, by virtue of their membership in the human race, is entitled not only to civil rights (provided by nations) but fundamental human rights as well. The struggle for human rights represents a great leap, however. Leaders such as Martin Luther King and Malcolm X were struck down only after they escalated their struggles for liberty from the level of civil rights to human rights. Martin Luther King was only one in- dividual. Each of us can make a difference, Tate observed. When Hate Groups Come to Town: Legal Strategies. Jack Lang y Marquez, President, Mountain States Coalition Against Malicious Harassment (MSCAMH), Joseph T. Roy, Sr., Chief Investigator, Klanwatch, Ray Slaughter, Chief Deputy Attorney General, State of Colorado, and David Powell, Jr., Holland & Hart. March 1992 Mr. Marquez opened the symposium by placing in perspective the recent activities of Sean Slater and the Klan. He suggested that hate groups are a growing and thriving phenomenon, in large part, because communities have not formed a cohesive counter-attack. The focus of the symposium, legal strategies, represents one part of the response. In other areas, legal strategies have succeeded in bankrupt- ing supremacist organizations. Mr. Marquez briefly described Colorado's dubious Klan history. Noting that Ben Stapleton, the former mayor for which Denver's airport is named, was a member of the Klan and elected largely on the basis of the Klan's electoral influence, he quickly traced the influence of the organization during the past century. The most recent activities have included: "demonstrations" on the Capitol steps during Hitler's Birthday (4/21/91), in Aurora (7/91), on the Capitol steps during Martin Luther King Day celebrations (1/92), and, at Ft. Lewis College in Durango (3/92). While these activities have met with varying degrees of success, they demonstrate a clear increase in the Klan's effectiveness. The Klan's activities on Martin Luther King Day were successful in disrupting celebrations, provoking a riot, obtaining national media coverage, maintaining a nonviolent facade for the Klan, and demonstrating the Klan's mastery of the law (of free speech) to advance their cause. To counter these efforts, Mr. Marquez suggested that communities must (1) figure out ways to make such activities illegal or at least, minimally disrupting (while at the same time maintaining free speech); (2) catch supremacist organizations in acts of violence or intimidation and use existing laws to thwart the or- ganizations; (3) come up with ways to bring communities together in opposition to the messages of hate. Mr. Roy began his presentation by suggesting that Denver "got a bum rap" over the Martin Luther King Day events and that he had been quite impressed with the general response of the Denver community. An increasingly diverse group of organizations, ranging from the robe-clad Klan to skinhead gangs, to Aryans, share the common bond of a white supremacist philosophy. Mr. Roy traced the history of these organizations back to Pulaski, Tennessee in 1865 when the Klan was first formed as a fraternal organization of "disgruntled" confederate soldiers. By 1871, the group grew to half a million members. As the Klan became more violent, its membership declined significantly. Throughout the 20th century the Klan has gone through numerous peaks and valleys in membership. In many respects, the most dangerous of the modern, supremacist groups are the skinhead organi- zations. Generally, ranging in age from 18 to 25 years old, members of these groups are among the most violent of all the white supremacist organizations. Once spurned by the Klan, they are now actively recruited as "front-line" soldiers. The agenda of these organizations includes overthrowing the government, annihilating minorities, and, ascending to power after "the great race war." Toward these ends, they have taken alternate paths: moving towards a paramilitary orientation and redefining their image through more sophisticated public relations efforts (cleaning up their act). Legal efforts to thwart Klan activities have been successful in North Carolina, where the Klan was ordered to disband after they violated an injunction against paramilitary activities; in Mobile, Alabama, where the United Klan of America lost a judgment of $7 million, and in Portland, Oregon, where a jury awarded the family of a victim $12 million in damages. One of the most promising strategies, employed successfully in the Portland case, is based upon a theory of vicarious liability. In that case, White Aryan Resistance (WAR) organizers from California were held liable for the actions of individuals they sent to Portland, who ultimately murdered a young Ethiopian man. Unfortunately, the Klan is growing more sophisticated in its activities. Most recently, they have taken steps to insulate themselves from liability and have even formed a legal foundation, the Patriot's Defense Foundation, to represent members of their groups who are being prosecuted. While hate violence is routinely accompanied by hate speech, Mr. Roy was careful to note that the opposite is not true. Much, if not most, hate speech, is not accompanied by violence. For this reason (among others), the Southern Poverty Law Center (SPLC), supports protection of free speech rights. One of the major purposes of the Klanwatch Project is to maintain a computer database on the activities of white supremacist organizations and cooperate with law enforcement officials. Currently, the Klanwatch database includes descriptions of 54,000 activities, 20,000 photos, and, literally, hundreds of press clippings per week. In an abbreviated address, Mr. Slaughter traced the beginnings of Colorado's criminal and civil statutes governing hate crimes to cross-burnings occurring in Aurora and the murder of radio disc jockey, Alan Berg. He noted that the strategy toward curbing hate crime comprises a three-stage attack: (1) passing legislation; (2) selectively prosecuting hate crime perpetrators and maintaining accurate records on hate crime frequency; and (3) educating law enforcement officers about hate crimes. With codification of Colo. Rev. Stat.  18-19-121 and 13-21-106.5 (1991), the legislature has provided communities and individuals a powerful tool with which to prosecute hate criminals, but, the job is far from complete. One of the inade- quacies in both statutes is their failure to protect gays/lesbians. This shortcoming is particularly noteworthy in view of the large and increasing number of crimes being committed against gays/lesbians. In the brief period of time remaining, Mr. Powell addressed the legal dilemmas inherent in attempts to regulate conduct and free speech. Running through an extensive outline he had prepared entitled, "The Conundrum of Protected Speech," he presented the majority/prevailing viewpoint which essentially places hate speech beyond the reach of regulation. The only type of speech which can be regulated consistent with the dictates of the First Amendment are "fighting words" which, by their nature, provoke violent responses. Mr. Powell also delineated the most persuasive arguments for regulating hate speech but concluded that, given the Supreme Court's present composition, it would be unlikely that such arguments could win the day. USIP FELLOWSHIPS The U.S. Institute of Peace is inviting applications for dissertation fellowships for 1993-94. The fellowships are intended to encourage outstanding doctoral students to undertake dissertation research and writing on vital subjects that concern the sources and nature of violent international conflict and the full range of ways to end or prevent conflict and to sustain peace. Stipends are $14,000 for twelve months, beginning September 1993. The application deadline is November 15, 1992. For further information, contact the Jennings Randolph Program for International Peace, United States Institute for Peace, 1550 M Street NW, Suite 700F, Washington DC 20005-1708. Phone: (202) 429-3886. USIP is also soliciting applications for Distinguished Fellows and Peace Fellows, which are in- residence fellowships for eminent and highly promising younger post-doctoral scholars. For further information, contact the Jennings Randolph Program for International Peace, United States Institute for Peace, 1550 M Street NW, Suite 700F, Washington DC 20005-1708. Phone: (202) 429-3886. WORKING PAPERS AVAILABLE 1992 Working Papers #92-4. "The McCarran Amendment and Cross-Cultural Water Conflict Resolution," by Kate Berry. $2.00 #92-5. "Conflict Resolution Theory and its Application in Legislative Negotiations on Moral Issues: A Case Study of the Civil Rights Act of 1990 and 1991," by Rita Kummer. $4.00 #92-9. "Some Ethical Problems in Mediated Dispute Resolution," by Kevin Gibson. Dissertation, Philosophy Department, University of Colorado - Boulder. $18.00 #92-10. "Voices of Justice: Languages of Pro Se Civil Litigants," by John P. McIver. $3.00 #92-11. "NIMBYs, LULUs, and NOPEs: Regional Approaches to Siting Conflicts," by Allan Wallis. $3.00 Chapters From: Improving the Environmental Problem-Solving Process: Lessons from the 1988-?? California Drought #92-1. "Allocating Water Shortages: A Case Study of the Central Valley Project and the State Water Project in California," by Larry MacDonnell. $3.00 #92-2. "Disputing Distributions in a Shrinking Commons: The Impact of Drought on Water Allocation Institutions," by Lloyd Burton. $4.00 #92-3. "Social Conflict Constraints on Adaptation to Environmental Change: Lessons from the 1988-199? California Drought," by Guy Burgess. $3.00 #92-6. " Institutional Innovation in Drought Response," by Charles W. Howe with the assistance of D. Jay Goodman. $3.00 #92-7. "Decision Support Systems (DSS) for Environmental Conflicts: Tools for Establishing a Base for Negotiation," by Ren‚ F. Reitsma. $3.00 #92-8. " Water Supply System Adjustments to Drought," by Lynn E. Johnson. $3.00 1991 Working Papers #91-1. "Third Party Intervention in Nicaragua," by Paul Wehr and John Paul Lederach. $3.00 #91-2. "Intervention and the Search for a New Moral Paradigm," by Jerald R. Wagenman and Joan M. Van Becelaere. $4.00 #91-3. "'Talking War": Symbols, Strategies and Images," by George Cheney. $1.50 #91-4. "Power Dynamics Between Elderly Institutionalized Mothers and Their Adult Daughters," by Pamela M. Foy. (Master of Arts Thesis) $10.00 "The Impact of Court-Annexed Arbitration on the Administration of Civil Justice in Colorado." Final Report of the University of Colorado Court-Annexed Arbitration Evaluation Project. Project Co-Directors: Lloyd Burton and John McIver. December, 1990. No charge #91-5. "Economic Growth and Military Spending in the United States, 1952- 1988," by Michael D. Ward and David R. Davis. $3.00 #91-6. "Intractable Conflict and Constructive Confrontation," by Heidi Burgess and Guy Burgess. $3.00 #91-7. "Opposition in East Germany: The Role of Religion in Society and in Conflict," by Galen Switzer. $3.00 Chapters From: Justice Without Violence #91-8. "Justice Without Violence" (Program Description) by Guy and Heidi Burgess. $2.00 #91-9. "Justice Without Violence: Related Theory and Research," by Heidi Burgess and Guy Burgess. $3.00 #91-10. " The Political Situation in the Soviet Union and the Possibilities for Nonviolent Change," by Zaven Arabajan. $3.00 #91-11. "Nonviolence and the 1989 Revolution in Eastern Europe," by Joel Edelstein. $3.00 #91-12. "Peace, Justice, and the Faces of Power," by Kenneth Boulding. $3.00 #91-13. "Violence, Nonviolence and Justice Struggles in Sandanista Nicaragua," by Paul Wehr and Sharon Erikson Nepstad. $3.00 #91-14. "Foreign Threats and Domestic Actions: The Case of Sanctions Against South Africa," by William Kaempfer, Anton Lowenberg, H. Naci Mocan, and Lynne Bennett. $3.00 #91-15. "Belief-System and the Appeal of Justice Without Violence Lessons from the Middle East," by Amin M. Kazak. $3.00 #91-16. "Attaining Justice Through Development Organizations in India," by Betsy Moen. $3.00 #91-17. "China's Movement to Resolve Citizen/Government Conflicts Without Violence," by Steve Thomas. $3.00 #91-18. "Nonviolent and Violent Ethnic Protest in Africa," by Jim Scarritt. $3.00 #91-19. "Justice Without Violence: Theoretical Synthesis," by Heidi Burgess. $3.00 Earlier Working Papers are also still available--call, write, or e-mail us for the complete list.