I will
scatter them, and then I will gather them: Deuteronomy 4:27; 28:64; 32:26;
Isaiah 11:12;
Jeremiah
23:8
REPARATIONS NOW IN
OUR
LIFETIME!
N E W S
L E T T E R…….#13
JANUARY 2001
“Take
direct action against the U.S. government!” Dr. Robert Brock
*********
GIVE
POWER AND MEANING TO
THE
REPARATIONS MASS MOVEMENT
GIVE OF
YOURSELF!
Note
from the REPNOW Newsletter Editor:
Well, now, after one long and sensational roller
coaster ride, the United States finally has a very controversial president –
President Elect George W. Bush. And
this is to the dismay of many an African American who cannot accept the election
results. There is no question that
this Election 2000 year will go down in history as the most controversial of all
times and for many reasons some of which are yet to be disclosed and/or
revealed.
The prolonged determination for a new president made
the U.S. appear like a small potato to the entire World, and the jokes were and
still are endless. Also,
Blacks and other people of color will never forget this Election 2000 year
because they feel they have been cheated – first, because their votes weren’t
tallied, and second, because their candidate did not win the election. While recently watching members of the
Black Caucus exhibit their concerns for the voting fiasco in Florida, I was
disturbed that they don’t realize that nothing they say or do will change the
election results.
I learned a long time ago, that elected presidents to
the U.S. do not serve descendants of Slaves. They serve the dominant race – White
Folks. Vice-President Al Gore was
in office for eight years, and I cannot tell you one thing he has done to better
the conditions under which Blacks and other people of color must live in this
country. A most rude wake up
call for us was President Clinton’s statement that he doesn’t know why Blacks
support him. (Read The Debt
by Randall Robinson) I bet he knows
why White Jews were most supportive of him!!! Think about it!
I also learned sometime ago that it wastes time to
cry over spilled milk. And that is
to say, we cannot do a darn thing about the results of Election 2000. Therefore, we, Blacks, must make the
best of it. And it behooves us to
encourage Representative John Conyers, the Black Caucus, and other members of
the U.S. government to meet and discuss the matter of Reparations with the
President Elect – very soon to be President of the United
States.
President Elect George W. Bush WILL RUN AGAIN in the
next presidential election, and he does not want to meet the same close and
debatable election. He will need
the Black and Latino vote.
Therefore, it behooves him to hear our concerns if he wants to grace the
White House for eight years.
Reparations must be high on his list of matters to discuss and resolve,
and it is up to us to place it on his agenda.
Make the best of this Election 2000 by using wisdom
to deal with the issue at hand. We
will get our Reparations, and it might be under another banner. However, REPARATIONS, by any other name,
WILL MANIFEST, as this will be the only way that justice can be served for the
inhumane and merciless African Slave Trade and for the pain and suffering we
continue to endure as a result of this heinous crime against Black
Humanity. If Whites today have a
legacy from the enslavement of Blacks, then so also should the descendants of
Slaves.
As I meet and speak with different ones, I urge them
to read the REPNOW Newsletters for enlightenment concerning Reparations and
justice for the Slave Trade. I am so very grateful and appreciative to all who
continue to keep the Reparations issue alive.
There are many interesting articles in this issue of
the REPNOW Newsletter. Therefore,
be sure to peruse the entire publication. And by all means do read the very
interesting article by Marie Roberts, a White woman, in support of Reparations
for Descendants of Slaves. If
there were more people like her, there would be no need for this fight for
Reparations, as the government would have corrected the ills and the
discrimination resulting from Slavery a long time ago. And those of us who choose to relocate
would have our requests honored.
I am learning that more and more individuals are
excited about Reparations and are interested in learning more. I just started selling Reparations
buttons and am doing considerably very well. You’d be surprised at the people
interested and quite pleased to wear these buttons in support of our fight for
Reparations. I also encourage
everyone seeking information on Reparations to read all the REPNOW Newsletters,
and I hope that you are doing likewise:
(http://www.thelawkeepers.org/ / click
on Newsletter).
It wouldn’t hurt for us to have a mock trial for the
barbaric African Slave Trade and for all the other inhumane atrocities committed
against us that ensued. Let the trial air on National Television
and call witnesses to the stand who yet live and once lived in the South, as
well as others who experienced the worst of Jim Crow Laws and who know of first
hand incidents involving Slavery in these United States. And let my eighty-five (85)
year old father be first on the stand to share the nightmare he lived being
Black while living in Mississippi. Let others also share their
tales of race hatred while living in the northern States, as there wasn’t (and
still isn’t) any peace for Black Peoples anywhere due to our being stigmatized
by the African Slave Trade. We
cannot permit the indignities and degradation our forefathers suffered and that
we now suffer to be swept under the rug.
Unfortunately, I must admit, that not enough
publicity is getting to the grassroots.
Too many people still continue to tell me that they don’t hear anything
at all about Reparations. Hence,
we must work harder to bring even more awareness to this new thrust for
REPARATIONS NOW IN OUR LIFETIME!
Tziona Yisrael, Editor
REPNOW Newsletter
[www.thelawkeepers.org]
*********
REPARATIONS
– A FUNDAMENTAL SOLUTION
TO THE
BLACK COMMUNITY’S PROBLEMS
By Attorney Dr. Robert L.
Brock
President, The Self
Determination Committee
The United
States enslavement of Black People some 12 decades ago and
prior has powerful
residual lingering effects some 12 decades later. It
has produced a whole
damaged people. Many would be surprised to know the
overwhelming patterns of
behavior and activities in TODAY’S Blacks that stem directly from
slavery.
The U.S. Black
collective lost their ability to function and maneuver
independently. Slavery
took it. Today, the masses of Black People still
work for White People via
White-owned companies and corporations. This
was the exact “Black-White
relationship” during chattel slavery: Black
folks working for White folks.
This is not normal. And what is common
must never be mistaken for what is
normal.
Black People must arise from this fallen state, and this money
called
Reparations is the key. Reparations is a legal wealth paid to Black
men,
women and children because of the damages done to them by
slavery.
Reparations is the fundamental solution to many of the
problems that
afflict the Black community. Reparations will counter
“lack”. Reparations
will afford Black People the capital to implement
their own ideas and
start their own businesses. Reparations will allow
Black People the means
to produce jobs for their own children. Reparations
will enable Black
People to develop the type of educational curriculum,
schools and
universities that they deem necessary for their own children.
Reparations
will afford Black People the opportunity to institute the type
of
religious standard and training that they want from themselves and
their
children. Reparations will free U.S. Blacks from the monthly
worries of
paying for this and paying for that just to exist on Planet
Earth.
Reparations is not something that Black People should run from,
but rather should run toward it.
Attorney Dr. Robert L.
Brock
P.O. Box
15288
Washington, D.C. 20003
Website: http://www.directblackaction.com/
Information is
compliments of:
Black Power - Black
Power
http://www.bcentral.com/listbot/tellme1
*********
[BRC-NEWS]
Volume 7, Issue 3 (Spring
2000)
THE CASE FOR UNITED STATES REPARATIONS
TO AFRICAN AMERICANS
"Rep.a.ra.tions: Payment of a debt owed; the act of
repairing a wrong or injury; to atone for wrongdoings; to make amends; to make
one whole again; the payment of damages; to repair a nation; compensation in
money, land, or materials for damages." --National Coalition of Blacks for Reparations in
America
The political and juridical viability of reparations for descendants of enslaved black people is emerging as a highly contested concept in U.S. debates about justice and law. For decades, reparations have been an essential part of the international discourses of war and human rights. Even the United States has paid some reparations awards to Native nations. Today, Korean women seek reparations from the Japanese government as recompense for what amounted to sexual enslavement during World War II. And in addition to on-going suits against the German state, Holocaust survivors seek damages awards from corporations who enslaved them, banks who appropriated their funds, and insurance companies that refused to pay the life insurance claims of those murdered. Among the political mainstream in the United States, there is support for all of these reparations efforts. From newspaper op-eds to legislation, Americans have expressed their outrage about these immoral practices. California State Senator Tom Hayden wrote a law giving the state jurisdiction over claims stemming from World War II slave labor issues and extending the statute of limitations for filing such claims until 2010. Also, California, the sixth largest economy in the world, bars insurance companies who refused to pay or work to settle claims from doing business in the state. Within U.S. legal culture the language of economic rights and justice is persuasive and remedies seem natural.
Yet the U.S. government has refused to consider the
need for domestic reparations to be paid for the labor and sexual slavery
enforced in the United States for over two centuries. In contrast to Hayden's legislation, U.S.
Representative John Conyers's bill H.R. 40, Commission to Study Reparation
Proposals for African Americans Act, introduced in 1993 to study the economic
effects of slavery on black Americans has not made it out of the House of
Representatives Subcommittee on Civil and Constitutional Rights. At its
initial vote, the bill received 28 cosponsors out of 435 members in the House of
Representatives. Only ten of those co-sponsors were not black. Even as the
United States demands other nations make moral and economic recompense for their
actions, it declines to consider even the possibility of repairing its own
history.
Since 1995, I have been involved in the black
reparations effort, now well over a century old. I am a member of the
three-year-old Reparations Litigation Committee convened by the National
Coalition of Blacks for Reparations in America. The chair of that committee, Adjoa
Aiyetoro, and I have co-taught courses on litigating reparations at the
Washington College of Law (WCL), and supervised students in independent research
efforts. To the best of my knowledge, WCL is the only law school in the United
States to offer such a course. What
has emerged from our work is the conclusion that reparations for black Americans
are warranted, justifiable, feasible, and fair.
But what are reparations? What support do they find
in law? How are they different from
ordinary civil lawsuits and other civil rights remedies? Who awards them and who
gets them? The framework of
reparations is the duty to repair injury imposed on another. Unlike tort law,
which addresses individual injury, in their conceptualization, reparations suits
frame harm as group-based, even when the plaintiffs are individuals. Unlike
criminal law, the harm is explicitly conceived of as against the group, not the
state. Therefore, unlike criminal cases, the decision for bringing and
shaping reparations lawsuits should lie with the victims, not with the
state. In this sense, these suits should be organized at the grass-roots
level and should be designed to recompense the harm as understood by
communities, not decided by lawyers.
Another distinction is that the explicit function of
reparations would be national atonement for the moral wrong and financial
injuries of enslavement to black Americans. The
primacy of atonement and morality differentiates such suits from ordinary civil
suits that do not rest on these principles.
Finally, such suits emphasize the economic damage of
enslavement to black Americans as serious and in need of national recognition
and compensation. In this sense,
they depart from other civil rights remedies that address post-slavery racial
harms or rest on political or criminal remedies. Affirmative action, for
instance, was a remedy to combat existing racism against blacks and the on-going
effects of post-slavery racial apartheid. It did not compensate black people for
slave labor, nor did it seek to.
The point of reparations is not to "make blacks equal" or to ensure
racial opportunities, like affirmative action. These are necessary and important
goals, but other causes of action and frameworks of analysis address them
better. Instead, the theory of domestic reparations is to identify and atone
for economic injuries and harms that blacks as a group suffered under
enslavement.
We have identified two distinct, but related
judicial legal principles that justify and support reparations for black
Americans: the equitable remedy of restitution for unjust enrichment and the
Thirteenth Amendment prohibition against badges and incidents of slavery. I will
sketch the contours of the latter, as the former is not innovative in its
inherent conception, although it is in its application.
Those who know American history are typically
familiar with the political assaults and human rights depredations that enslaved
people suffered. Enslaved people and
many free blacks could not vote, serve on juries, or testify against whites in a
court of law. In addition, the state authorized slaveholders to inflict with
impunity horrific violence, including beatings that scarred and maimed, as well
as rapes and other sexual coercion. In some instances, what would be criminal
homicide if committed against a white went unpunished when done against an
enslaved black. Literacy was denied in most states, and the slave-holding states
employed a variety of mechanisms of varying brutality to suppress cultural, as
well as political self-determination. These denials of bodily autonomy,
citizenship, and dignity were the most visible
deprivations.
But American enslavement also suppressed what I have
called economic personality. Enslavement denied blacks the economic fruits of
their 200 years of backbreaking labor. They could not make and enforce
contracts. Property rights of use, ownership, or management did not follow from
their market participation in the labor force, but were systematically denied by
the state. The slave-holding states did not confer legal status on black
families; through inheritance, the family is one of the primary institutions of
wealth transfer, but black slaves were excluded from inter-generational wealth
transfer, one of the centerpieces of Anglo-American culture. From the public sphere of market work to
the intimate sphere of the family, black economic relationships were
systematically and often brutally suppressed. For the first 250 years of
American economic history, the law excluded blacks from the market in a society
in which market participation was emerging as vital to personal, political, and
social well being.
Furthermore, political and economic personality are
closely intertwined. For blacks as for many other groups, the denial of full
citizenship rights, such as voting and jury service, was also accompanied by
circumscribed market rights: property, contract, inheritance, and labor. Denial
of economic rights marked lesser citizenship, as did refusal at the ballot
box. Reparations seek to remedy the
suppression of over two centuries of black economic
personality.
Our primary theory of the case rests on the
Thirteenth Amendment of the U.S. Constitution, the first in the trilogy of
post-Civil War (1865-1870) amendments. Its better known sisters are the
Fourteenth and Fifteenth Amendments; each of these spawned a compelling and
contested twentieth century jurisprudence, on equal protection of law and voting
rights respectively. The
Thirteenth Amendment, passed in 1865, prohibits slavery and involuntary
servitude. It has two sections: "Section 1. Neither slavery nor involuntary
servitude, except as a punishment for crime whereof the party shall have been
duly convicted, shall exist within the United States, or any place subject to
their jurisdiction. Section 2.
Congress shall have power to enforce this article by appropriate legislation."
The amendment was followed the next year by the Civil Rights Act of 1866,
which overruled the U.S. Supreme Court's denial of black citizenship in Dred
Scott v. Sandford in 1857. Significantly, the Civil Rights Act also authorized
basic economic rights of property and contract in addition to access to courts.
Each of the three amendments represented some effort to grant meaningful
citizenship to blacks and to prevent Southern states from re-enslaving the race
in new forms. But they have generated quite different jurisprudences. Although
the Fourteenth Amendment is the best known, it is the Thirteenth Amendment
that would best support a reparations cause of action.
All three amendments were fairly buried in the racial
retrenchment following the Reconstruction Period after the Civil War. Despite
congressional intent to ensure meaningful black citizenship, it was not until
the mid-twentieth century that the U.S. Supreme Court began that effort in
earnest. During the years in which Chief Justice Warren presided over the
Supreme Court (1953-1969), the Fourteenth Amendment emerged as the original
engine for combating racial supremacy. The Fourteenth Amendment provides for
equal protection to all people before the law. The possibility of a fully
racially liberatory interpretation was almost immediately limited, however, as
the Court concluded that state action and discriminatory intent were required to
trigger Fourteenth Amendment violations. Under this interpretation, the
Fourteenth Amendment did not reach purely "private" acts-a jurisprudential
category invented to contrast with the doctrine of state action-and mere racial
inequity or racially biased acts did not constitute violations of the Fourteenth
Amendment if invidious intent could not be proven. In its post-Warren
incarnations, the U.S. Supreme Court interpreted the Fourteenth Amendment to be
a guarantee of color-blindness rather than racial equality. Under this
conceptualization, white Americans as much as black Americans suffer the harms
of race, although blacks were enslaved and systemically denied all meaningful
rights, while whites held them in bondage.
The Thirteenth Amendment has promise both as a cause
of action for reparations and as an intervention into the jurisprudence of
color-blindness. The critical twentieth century case law that gave
anti-discrimination content to the Thirteenth Amendment was Jones v. Alfred H.
Mayer, Co., decided in 1968. In that case, the U.S. Supreme Court
resurrected the validity of the 1866 Civil Rights Act and the Thirteenth
Amendment to conclude that a private actor's refusal to sell property to blacks
violated federal civil rights law. The Jones decision focused on Section 2 of
the amendment, noting that it specifically gave Congress power to end what the
Court named the badges and vestiges of slavery. As legal scholar Douglas Colbert
summarizes it in a Harvard Civil Rights-Civil Liberties Law Review article, the
Court refused to limit its interpretation of the amendment to eliminating only
the formal "auction block," while allowing black slavery to continue unimpeded
in new forms.
Although the Jones decision focused on Section 2 of
the Amendment, many legal scholars and judges have urged a restoration of the
meaning of the first section, which is arguably the more significant one. Not
only can Congress pass legislation to eliminate enslavement under Section 2,
there is a state imperative to actively eliminate enslavement and its badges and
incidents, as required in Section 1 of the amendment. Constitutional theorists
have argued about the applicability of this theory in contexts ranging from
labor, to forced prostitution, to children's rights, to abortion. Despite these
creative and promising scholarly treatments, the Thirteenth Amendment remains an
under-litigated doctrine and its ban on slavery an under-theorized concept in
the struggle for racial justice.
Developing Section 1 of the Thirteenth Amendment is
potentially valuable to a reparations movement for several
reasons. The theory of
reparations is economic recompense from public and private actors for the
on-going effects of black enslavement. Starting with the last point, unlike
the Fourteenth Amendment, the Thirteenth offers a direct framework to connect
contemporary economic depredations to blacks to the economic violence of
slavery. This is important because people working at the grass-roots elements of
the campaign conceptualize reparations as repairing slavery. Casting reparations
as less than this, a remedy for an abstracted racism for instance, would most
likely lose political support from the black community, and sympathetic
non-blacks. A crucial part of what reparations remedies repair is the psychic
damage done by state-inflicted or sanctioned injuries. This implicates the
essential core of the U.S. legal system: wrongs done for which injury can be
shown warrant recompense absent a compelling reason justifying the harm.
Reparations are more than an economic payment; they are a deeply philosophical
recognition of the humanity and worth of one wronged. A cause of action for
reparations that does not explicitly incorporate slavery will almost certainly
fail as a political and moral, as well as, a legal matter. And because it exists
as an anti-slavery imperative, the Thirteenth Amendment does not exclude
considerations of the on-going racial effects of enslavement. Slavery explicitly was a racial
institution. In every state but Delaware, blacks were presumed at law to be
slaves; proving one was legally white constituted a defense to slavery. The
badges and incidents of slavery the Thirteenth Amendment opposes will
overwhelmingly manifest in racial forms. The amendment does not prohibit, and
even invites, analyses of racial harm.
The Thirteenth Amendment also diverges from the
Fourteenth Amendment in the intent requirement. Unlike the latter, the
Thirteenth Amendment has not been interpreted to require state action and intent
to discriminate. Because its emphasis is on eliminating slavery and its relics,
its jurisprudence recognizes that actors, private and public, can often
unwittingly permit and perpetuate the customs and norms of slavery. Finally, the
legislative history of the Thirteenth Amendment shows it was meant to protect
economic rights as well as political rights. Douglas Colbert shows how the
legislative debates explicitly were about, not just the end of servitude, but
the extent of affirmative black rights. He concludes: "By linking present
racial discrimination to this nation's history of slavery and apartheid, a
Thirteenth Amendment analysis uniquely addresses existing racial and economic
injustice as modern relics and badges of slavery." It thereby offers the perfect theory for
awarding black reparations.
In summary, the Thirteenth Amendment did not end
slavery with the understanding that racial economic castes would replace formal
black slavery. To prevent this, the amendment calls for policies and state
efforts to end the economic manifestations of black slavery, whether perpetuated
by the state or a private individual, with or without invidious intent. The
goal of the Thirteenth Amendment is to end the badges and incidents of slavery,
not to engender color-blindness.
Certain legal procedural obstacles are to be
anticipated, such as statute of limitations, laches, standing, and sovereign
immunity. Some can be avoided with expert technical lawyering. Others will
require more substantive strategies. But rather than being viewed as diversions,
surmounting some of those barriers may enhance the political and judicial
viability of the suit. For instance, the statute of limitations on bringing suit
may appear daunting. Reparations are based on a harm stemming from slavery;
the statute has run on practically every cause of action we have conceived.
However, under the doctrine of continuing violation of rights, a statute of
limitations may be tolled. Reparations lawyers must therefore identify
deprivations of black economic personality under slavery that continued
post-slavery, into this century.
While there are several potential causes of action,
one of the primary ones involves denial of federal benefits. Not only were enslaved blacks unable to enforce
property rights, but much of the massive homestead distributions of land in the
American West during the 19th century excluded blacks, either directly or de
facto. In addition, black veterans returning from World War II found patterns of
earlier wars repeated when they received lesser benefits than did their white
compatriots. In programs initiated for returning soldiers in the Servicemen's
Readjustment Act of 1944, commonly known as "the G.I. Bill," mortgage and school
tuition benefits extended to black soldiers were devalued due to state endorsed
and enforced segregation. There were far fewer places they could attend school
or purchase housing. The schools they were able to attend and houses they were
able to buy were less valuable because they were black institutions and
neighborhoods, respectively, in an economy that valued whiteness. Finally, in
the mid-twentieth century, the federal government took several steps to
subsidize the construction of suburbs as racially segregated spaces, which
simultaneously devalued black property in urban areas. Independent, private
banks followed these federal guidelines, and blacks found themselves doubly
squeezed into emerging ghettoes and out of suburbs being invented as white. Like the homestead acts, the G.I. bills
for soldiers and the federal housing programs were moments of massive government
subsidization that supported an emerging middle class. Blacks were excluded
from this process and denied economic personality in ways that reflected the
badges of slavery.
Another obstacle may be resolved by distinguishing
legislative and judicial reparations awards. Standing is frequently raised as a procedural
obstacle to judicial reparations; unlike comfort women and internment victims,
American slaves and their direct heirs are no longer alive. Moreover, part of
the invidiousness of slavery is that the system ripped apart black families,
denying them the possibility of keeping records and genealogies. The fact
that few blacks can trace their ancestry to specific enslaved persons is part of
the injury of enslavement. One could approach this obstacle in two ways. One
could utilize equitable principles to argue that one who actively destroys
records cannot then invoke that absence to recuse its own legal liability.
Another approach is to craft a series of causes of action, stemming from
different continuing violations, similar to the strategy for statute of
limitations. Because these actions will have to conform to the statute of
limitations and the harms extend into this century, blacks today should be more
able to identify and prove legal relationships with those affected. In the case
of World War II veterans, many will still be alive today.
Putting racism into economic language is
important. A significant effect of
racism is its dissociation of blacks from markets and economics. Part of the reason so many Americans are skeptical
of awarding reparations is the absence of a compelling discourse of black
economic personality and desert of wealth. Reparations are recognition of the
severe economic harm inflicted on blacks. Developing a reparations cause of
action will yield several positive results. In defining the contours of a
Thirteenth Amendment-based racial jurisprudence, it will turn the nation's
attention toward what black slavery entailed, connect current acts, including
private ones, to customs, norms, and history stemming from slavery and
segregation, and comprehend slavery's on-going economic effects. When confronted
with this history, then perhaps we can come to a national consensus on what the
anti-slavery imperative of the Thirteenth Amendment means.
By Adrienne D.
Davis
<davisad@email.unc.edu>
http://www.wcl.american.edu/PUB/humright/brief/v7i3/reparation.htm
--
For additional information, see the National
Coalition of Blacks for Reparations in America website at
<http://www.ncobra.com>.
--
Adrienne D. Davis is a Professor of Law at the
University of North Carolina, Chapel-Hill.
Copyright (c) 2000 Human Rights Brief and Adrienne D. Davis.
*********
N’COBRA CALLS FOR APRIL 4TH REPARATIONS WALK-OUT
FROM: Alvin
Brown
RE:
April 4th 2001
TIME:
1OAM-3PM
WALK-OUT OF SCHOOLS INCLUDING COLLEGES DEMANDING REPARATIONS NOW!
MARCH ON
ALL GOVERNMENT OFFICES In Honor Of ROSA PARKS AND ALL COURAGEOUS Freedom
Fighters Led by The TUPAC Generation
***
Sponsored by:
The National Congress of
Economic Development Commissioners N'COBRA -
The National Coalition of
Blacks for Reparations in America
Co-Chairs:
Ms Taiwo Kujichagulia-Seitu
- Prairie View A&M University:
taiwoks@hotmail.com
Alvin Brown St, Louis, MO:
abantu@swbell.net
Be In
Touch, SAVE THE DATE, and Spread The Word!
Submitted by: 110100.1564@compuserve.com (onaje
muid)
"Rev. Khandi Konte-Paasewe",
INTERNET:khandi@netset.com
***
NOW, THAT’S WHAT I’M
TALKIN’ ‘BOUT!!!! It’s the squeaky wheel that gets the
oil! T.Y.,
Editor
*********
THE RULE OF
LAW, JUSTICE FOR ALL,
December 13,
2000
"Righteousness exalts a nation, but sin is a
disgrace to any people"
Proverbs 14:34
All Praises to our Elohim, The Elohim of
Abraham, Isaac and Jacob, The Creator of the Universe
“Although we may never know with complete certainty
the winner of this year’s election, the identity of the loser is perfectly
clear: It is the Nation’s confidence in the judge as the impartial guardian of
the rule of law.”
The latest presidential debacle should be a wakeup
call to every African slave descendant in America that reparations are
due. How can we not see that our
participation in determining the direction of a government that has historically
refused to address the wrongs committed against us as a people will never be to
our benefit?
Once again, as in countless times in the
past, African slave descendants have been political pawns used not to represent
our interest, but the interest of a nation that has steadfastly refused to right
the wrongs of the past. Justice is crying out.
The fact that not only both political parties refused
to address the documented discrimination at the voting booth in Florida, and
that the white-dominated media played down the significance of the voter
disparities in largely African American precincts, proves that America does not
and will not ever face up to the historical reality of its existence. Florida only brought to light the
corruption of the voting process as it relates to Africans in America of slave
descent that has existed all along.
The fact of the matter is that all along the
democratic way of governing "for the people and by the People" never applied to
African slave descendants. Yet, when
they GAVE us "citizenship" and "civil rights," we proceeded to act as though we
were now "included." Florida demonstrates that we are not "included," that going
to the voting booth in reality does NOT COUNT especially when it comes to people
of color.
Our ancestors were captured and brought to this
country to be slaves and we never agreed to become Citizens of these United
States. And no amount of amendments
to a Constitution we played no part in adopting can force citizenship upon a
people who never agreed to it. No wonder our vote was
disregarded.
What amazes me is that they will go all the way back
to the Rutherford presidential election in the 1800's and the history of how the
electoral process developed, yet refuse to deal with the reality that the
process had its beginnings during the physical bondage of our ancestors and some
have the nerve to tell us slavery happened along time ago and we should leave
the past alone.
America boasts itself as the greatest most powerful
country in the world and the promoter of Democracy worldwide yet refuses to
address the injustices of African slave descendants. The integrity of the
highest court of the land, the Supreme Court of the United States is now in
question. It brings into question "the "rule of Law" and "justice for all,"
"for the people and by the people".
This is our wakeup call.
Law, righteousness, and justice are the
issues that the Creator has placed before us.
We must continue to increase awareness to our plight
as a people in this western hemisphere and the world that reparations are due.
Until we strive to determine our own future and the future of our children, we
will always be used to further the interest and agenda of our captors.
We are calling upon all of our people to keep the
issue of reparations alive. In its effort to do so, The LawKeepers, Co., has
made available, "Reparations Now In Our Lifetime," buttons that can be worn
to increase awareness that reparations are due. http://www.inetmgrs.com/hebrew/law/index.html. These buttons are available for a
nominal donation and represent our ongoing contribution to the reparations
movement.
Please support our efforts in seeking Reparations
Now, in our Lifetime and spread the word about Reparations for the African Slave
Trade and support the fundraising, relocation efforts of The LawKeepers
Co.
The LawKeepers. Co, a non-profit cultural
organization of Hebrew Yisraelites who exalt the Creator of heaven and earth and
the Law He gave to Moses for the children of Yisrael to follow, are seeking to
return to the geographical location of our forefathers.
We believe as foretold in scripture, that the Nation
of Yisrael was "scattered to the four corners of the earth". That the book of Deuteronomy describes
the curses that befell them and their descendants, and we are those descendants.
We believe [and can prove] that the "African Slave
Trade" and the slavery and bondage that resulted, is the final fulfillment of
the book of Deuteronomy 28:64-68 and Chapter 30, that Yisrael would go into
captivity in the lands of other nations to serve them. That we would call to mind our experiences and what
is written in that book in the lands of our captivity, as we are doing this very
day, and seek to return to YIHOVAH the God of Abraham, Isaac and Jacob, the God
of our forefathers, with our whole heart, soul and mind.
By Yehudah
Benyamin Ben Yisrael
Yehudah Benyamin Ben Yisrael is the President of The
Lawkeepers, Co., a TORAH based organization of Hebrew Yisraelites (not Jewish)
of so-called African Descent (Blacks) scattered throughout the Diaspora, whose
primary purpose is: to exalt, honor and give praise and glory to the Holy ONE of
Yisrael YHWH; DO the Laws given to Moses to give to the children of Israel; and
to return to the land of our forefathers, the land of Yisrael. Also, it is our purpose to assist and
act as an advocate for like-minded Hebrew Yisraelites who have returned to their
heritage, and who desire to return to their homeland, the land of our
forefathers the land of Yisrael.
http://www.thelawkeepers.org
Yehudah@thelawkeepers.org
"Righteousness exalts a
nation, but sin is a disgrace to any people"
Proverbs
14:34
*********
NetWORKER Wayne Young sends us the article below, featuring longtime reparations activist Robert Brock.
As we enter the New Year,
let's work together to heighten this righteous call for justice.
Peace and
Power,
Ukali
***
PUTTING
A PRICE ON SLAVERY’S LEGACY –
BLACKS
TALLY HISTORY’S TOLL
FITZGERALD, Ga. -- People begin trickling into the
ramshackle recreation center an hour before the program is slated to begin,
drawn by a promise that many of them believe speaks to the core of their
existence as African Americans.
Leaning over the mismatched folding chairs, they buzz
about the upcoming lecture. The speaker is Robert L. Brock, 75, a legal
activist who for decades has been barnstorming the country spreading the word on
reparations. He contends that black people are eligible for special tax
rebates and, if they pay him $50 to fill out a claim form, they will one day
collect a half-million dollars in compensation for all that slavery and
state-sanctioned discrimination stole from African
Americans.
The people eagerly awaiting Brock's message
can hardly be called radicals. They labor on farms, in factories and at store
counters, united in their belief that nothing shaped their often dour
circumstances so much as the nation's history of slavery and racial
discrimination. And although there is no assurance they will ever collect the
promised $500,000, those who come to hear Brock deeply believe in the
reparations quest.
"We're glad to be in America," said Gary Grant, a
Pentecostal minister who helped arrange Brock's visit here. "But the white man
has been taking advantage of the black man all our lives. Now, we want to get
paid."
It is a refrain being sounded increasingly across the
country, from this small city nestled amid the pine forests and cotton farms of
southern Georgia to the Ivy-covered walls of Harvard University. The idea is
catching on not just among those who could most use a financial windfall but
also among civil rights groups, intellectuals and others who see reparations as
the only way to get to the root of America's enduring racial
problems.
For many years, any discussion of reparations to
compensate the descendants of African slaves for 246 years of bondage and
another century of legalized discrimination was dismissed. Many whites and blacks alike scoffed at the idea,
reasoning that slavery is part of the nation's past that would only unleash new
demons if it were resurrected.
But that attitude is slowly changing. At least 10
cities, including Chicago, Detroit and Washington, have passed resolutions in
the past two years urging federal hearings into the impact of
slavery. Mainstream civil rights
groups such as the NAACP, the National Urban League and the Southern Christian
Leadership Conference regularly raise the issue. And last summer, the
Democratic Party for the first time adopted a plank endorsing the idea of
establishing a federal commission to study the lingering effects of
slavery.
*** Legal Team Gathers ***
A high-powered group of lawyers, including Harvard
law professor Charles J. Ogeltree Jr., Alexander J. Pires Jr., who won a $1
billion discrimination suit on behalf of black farmers, and Johnnie L. Cochran
Jr., have been meeting to plot strategy for a possible class-action lawsuit
seeking reparations.
"There is a lot more happening around this issue now
than ever," said Greg Moore, chief
of staff for Rep. John Conyers Jr. (D-Mich.), who since 1989 repeatedly has
sponsored legislation urging a federal study of slavery and its contemporary
impact. "This used to be talked about only in isolated, black nationalist
meetings. But that is not the case any more."
The surging interest in reparations parallels a
heightened sensitivity to the horrors of slavery, in which as many as 6 million
Africans perished in the journey to the Americas alone. There also is growing attention being paid to the
huge economic bounty that slavery created for private companies and the nation
as a whole.
Earlier this year, Aetna Inc. apologized for selling
insurance policies that reimbursed slave owners for financial losses when their
slaves died. Last summer, the Hartford Courant printed a front-page apology for
the profits it made from running ads for the sale of slaves and the capture of
runaways. Next month, a new California law will require insurance companies to
disclose any slave insurance policies they may have issued. The state also is
requiring University of California officials to assemble a team of scholars to
research the history of slavery and report how current California businesses
benefited.
"As a result of the ravages of slavery and the racial
strictures that followed it, blacks in America were consigned to this nation's
economic bottom," TransAfrica president Randall Robinson said at a recent
reparations conference held by the Washington lobbying group. "A yawning gap was
opened. It has been a static gap since the Emancipation Proclamation. This
condition can no longer be tolerated."
*** Slaves' Contributions ***
Proponents of reparations argue that the nation owes
African Americans for their contributions to the nation's wealth and for the
widespread discrimination they endured after slavery was
abolished.
Black slaves helped to build white wealth as they
toiled as unpaid stevedores, servants, craftsmen and farm hands across the
South, and for many years, in the North as well. Slaves also built some of the nation's most hallowed
symbols of freedom: They cut stone for the U.S. Capitol, cleared trees for the
National Mall and laid the foundation for the White House.
The exploitation did not end with emancipation in
1865. For nearly a century after that, blacks legally were excluded from many
opportunities that became the cornerstones for today's white middle-class.
Segregated schools limited their educational choices, restrictive covenants
barred them from many neighborhoods and rampant loan discrimination prevented
them from financing houses and businesses.
In a book published this year, "The Debt: What
America Owes to Blacks," Robinson argues that slavery "produces its victims ad
infinitum, long after the active stage of the crime has ended." The disproportionate numbers of blacks who are in
prison, undereducated or living in poverty are all today's victims of slavery,
he says.
*** 40 Acres and a Mule ***
Reparations for slavery have been discussed since the
conclusion of the Civil War, when President Andrew Johnson reneged on Union Army
Gen. William T. Sherman's promise to furnish former slaves with 40 acres and a
mule. In the early 1900s, several
bills were introduced in Congress to provide former slaves small payments and a
pension, but they all failed.
Ironically, the movement is beginning to gain
mainstream credibility even as there
seems to be a growing sentiment that the nation has gone too far in extending
opportunities to African Americans.
In ballot initiatives that won overwhelming white
majorities, voters in California and Washington state have outlawed
government-sponsored affirmative action programs that gave an edge to minorities
when it came to public contracting, university admissions and government
employment. Likewise, Florida last year ended many of its affirmative action
programs. Liberal mayors in cities such as Atlanta and Baltimore have
restructured programs that set aside small portions of government business for
minority-run firms.
Opponents of reparations contend that the fledgling movement overlooks many
important facts. First, they argue, reparations usually are paid to direct
victims, as was the case when the U.S. government apologized and paid
compensation to Japanese Americans interned during World War II. Similarly,
Holocaust survivors have received payments from the Germans. In addition, not
all blacks were slaves, and an estimated 3,000 were slave
owners.
Also, many immigrants not only came to the United
States long after slavery ended, but they also were confronted with
discrimination. Should they pay reparations, too? Or should they receive
them?
And regardless of how much slave labor contributed to
the nation's wealth, opponents say, blacks benefit from that wealth today. As a
group, African Americans are the best educated, wealthiest blacks on the
planet.
"This movement is counterproductive because it
fixates African Americans on their victim status," says Myron Magnet, whose
book "The Dream and the Nightmare" argues that poor minorities suffer more
from cultural problems than societal ones. "I think that what blacks most need
now is not to be shackled to the past, but to recognize that this is a society
and an economy which is filled with opportunity for them and for
everybody."
None of this dissuades reparations advocates. "The
point is that there has been a series of arrangements, slavery, Jim Crow,
discrimination, all of which were mechanisms that had the effect of transferring
money from blacks as a class to whites as a class," said Richard America, a
Georgetown University economist who has written two books calling for
reparations. "Even folks who came to this country in the last 100 years or so
had an advantage in that their whiteness was an asset in the
marketplace."
Although there is no agreement among proponents,
America suggests that reparations take the form of grants for education,
homes and black businesses. "This should go on for about two generations," he
said. "If done right, this should just about do it."
As he has traveled the country, Brock has
been promoting a compensation idea that is apparently striking a chord: a
$500,000 check from the federal government. The figure is drawn from an
unsuccessful lawsuit Brock filed against the U.S. government in
1965.
In the past couple of months alone, several thousand
people have come to churches and community centers in places such as Waycross,
Ga., and Lake Wales, Fla., to hear Brock's lectures. Many of them have paid $50
to fill out his claim forms, which other reparations advocates, including
Conyers, have condemned as an obvious scam because there is no settlement to
claim. Similarly, the IRS in October
issued a statement cautioning African Americans against being "misled" by offers
related to reparations. The statement said that the IRS has received "a growing
number" of reparations claims this year, even though there is no such provision
in tax law.
Brock is elusive about where he would file his claim
forms or precisely what happens to the money he collects. In his talk, he
indirectly addresses the charge, telling people that "slavery was the
scam."
That is enough for the people who come to hear Brock,
often by the hundreds. Here in Fitzgerald, the turnout is smaller than most, no
more than 75 people, but the audience is enthusiastic.
"We all deserve reparations," offered April Wilson,
38, a homemaker, as she waited for
the talk to begin. "There was something to this years ago. We just didn't know
anything about it."
After he takes the stage, Brock goes on for two
hours. He offers angry lines about white and Jewish slave traders and chilling
stories about the rape and torture endured by slaves. When he turns to his decades-long battle for
reparations, the crowd is riveted. Before he finishes speaking, people are
filtering to a table in the back of the room, where they can pay their $50 and
fill out his claim forms. No one seems particularly concerned that Brock has
nowhere to file them or that the tax rebate he talks about does not
exist.
"I have been hearing about this thing for a long
time," Harold Coney, 50, a farm worker and logger said after buying a claim
form. "I've been through hell making the white man rich. Now I want my money,
interest and everything."
By Michael A.
Fletcher
Tuesday, December 26, 2000; Page
A01
© 2000 The Washington Post
Company
http://www.washingtonpost.com/wp-dyn/articles/A50095-2000Dec25.html
*********
JOIN THE
BLACK REPARATIONS MOVEMENT TODAY !
IT IS A
WIN, WIN CASE FOR US!
Oscar L. Beard
*********
The
Reparations Movement’s goals are as follows:
- Obtain Reparations from all countries
that prospered from Black Slave Labor
Schedule Conferences, Marches, and
Protests until the White Society apologizes and
compensates Descendants of the
Slave Trade
- Speak at the United Nations on
Reparations for Survivors of the Slave Trade in order
to gain International Support of
all or most countries
- Demonstrate in front of the UN in Geneva
for World Attention
- Establish an International Fund for
Descendants of Slaves
- Target Companies that existed during the
days of Slavery for Reparations, and if they
do not comply, then list them as
“Unworthy” for Black patronage
- Seek support for Reparations from
Companies that prosper off of Black Clients
- Seek Celebrity support for
Reparations
- Involve the Media
- Make “Reparations” the buzz word for
2000
- Etc., etc., and by “any means necessary”
within the Law
*********
IN
SUPPORT OF REPARATIONS!
WAKE UP!
STAND UP!
STEP UP!
and DO SOMETHING IN SUPPORT
OF REPARATIONS!
OR THERE CAN BE NO REAL - PEACE!
Ahna Tafari
*********
THE
POLITICS AND MORALITY OF
BLACK
REPARATIONS
FROM THE
NEW YORK METRO BLACK RADICAL
The NY Metro Local
Organizing Committee is
Working Hard to Build
Massive Black Reparations Campaign
We are working to help
build a National Reparations Campaign with other pro reparations organizations
and individual which will culminate in a mobilization of several million Black
people not only demanding reparations but actively engaged in the various
efforts for its realization. We understand that a
comprehensive reparations campaign embraces ALL of our sites of struggle and are
of concern.
There are many reasons
why this campaign should be for reparations, not the least of which
is the announcement to the US and the world, that people of African descent are
determined not to begin a new millennium with this
UNRESOLVED issue of
compensation for past and present crimes against African
Humanity.
The following are some of
the rationale for a National Campaign for Reparations for people of African
descent.
o A Reparations
Campaign enjoys major support within our communities. It has the capacity to revitalize
the Black Liberation Movement and reassert the leading role of the Black
progressive forces.
o A Reparations
Campaign is directed at the U.S. primarily (Federal and State governments) but
also is directed at other Western Imperialist, Capitalist powers, corporations
and individual families that have benefited from slavery as well. Foreign
states who participated in the slave trade and slavery and the United Nations
can still be used as part of an international Reparations
strategy.
o A Reparations Campaign
is fundamentally anti racist, anti-capitalist and anti-imperialist. It attacks
the very heart of these oppressive systems. We have never been compensated for
the millions and millions of hours of unpaid labor conservatively estimated to
be $97 trillion. Our ancestors were the backbone to the development of
capitalism here in the US and throughout the rest of the
world!
o A Reparations
Campaign will include the demand to cancel the usury rates imposed upon us
through killer mortgages and loan shark credit card interest rates.
o
A Reparations Campaign will include a debt cancellation demand resonating
throughout Africa and the Diaspora but also support the demand for reparations
for African nations and the Diaspora.
o A Reparations Campaign
is a powerful tool to educate the people of the U.S. and world societies about a
brutal and savage system that is the basis for institutional racism and white
supremacist oppression today. A system which inflicted on African people the
most horrific form of cultural genocide (virtually complete destruction of
historical memory, religion, language, traditions, ancestry) which continues to
be the basis for the racist dehumanization and demonization of African
people and other oppressed people of color.
o A Reparations
Campaign will educate our people to the fact that our ancestral mothers have
never been compensated for the reproduction of Human Capital (i.e. giving birth
to an African child during slavery which meant that this child automatically had
a “price value”) through rape/forced breeding. This most beastly form of
slavery tried to humiliate and strip our ancestral mothers and fathers of their
womanhood and manhood. The Black Woman has not only never been compensated for
her brutal field work (and the tortuous work in the Master's house), but also
her domestic chores within the slave quarters. In addition, a reparations
Campaign will demand just compensation for the millions of Black children forced
into horrific death inducing child labor from the age of 3
years.
o A Reparations
Campaign will expose the additional injuries inflicted during slavery: the never
ending war against free Blacks. This war was an anticipation of what would
become of us during the post-slavery oppression period: rapes, lynchings,
pogroms (state sanctioned and initiated murder) and anti-migration laws. For
instance, this included 19th century anti-migration laws- often written into
state constitutions- that were passed to stop African Americans from settling in
Illinois, Indiana, and Oregon. This pattern of conscious legal exclusion denied
our ancestors the possibility of benefiting from land grants made available for
old and new members of these states. These are legal injuries that must be
calculated into the reparations demands. We cannot look at the oppression and
repression of our enslaved and "free" ancestors as two distinct realities. They
were just two sides of the same racist and capitalist coins that fed the banks
and wallets of the ruling classes of Europe and the
Americas.
o A Reparations
Campaign will educate our people to the fact that our ancestral fathers had to
face systemic humiliating attempts to strip them of their manhood and
dignity.
o A Reparations Campaign
is a self-reliant movement; it is a nation-building campaign that allows Black
people to address some of the fundamental issues confronting our survival
today. It gives us the ability to create our very own self-determining
institutions in developing jobs with a living wage, quality
affordable
housing, healthcare and anti-racist education.
o A Reparations Campaign
will include the fight to free all US political prisoners and prisoners of
war as well as the battle to dismantle the racist prison industrial
complex.
o A Reparations Campaign
is the most powerful weapon that can be used against racism and the
right-wing onslaught on affirmative action and political disenfranchisement
(voting-while-Black).
o A Reparations Campaign
will create a strategic bridge between Africa and the Diaspora. Blacks
from Brazil, Costa Rica. Columbia, Honduras, and throughout the Caribbean are
joining in the International Reparations Campaign.
o A Reparations
Campaign is ultimately a political offensive. Issues such as homelessness,
struggles for jobs, universal health care, decent affordable housing organizing
against attacks on welfare, cutbacks on education, attacks on
affirmative
action, anti - gay violence, discrimination based on sexual orientation, sexual
harassment in the workplace, domestic violence, police brutality, racist and
fascist attacks on the black community, amnesty for political prisoners, the
genocidal incarceration of black youth, and the prison industrial complex, etc
all can be connected to and enhanced by a Campaign for
Reparations.
Given this political understanding, we in the NY Metro
Black Radical Congress have developed a resolution that ORGANIZATIONS can sign
onto supporting the work to fight for reparations. Included with each
resolution is a fact sheet that answers the most commonly asked questions about
Black Reparations.
Below are the documents. Feel free to duplicate them
and distribute them. We would like to receive all signed resolutions so as we
can keep track of this national campaign.
122 West 27th
Street
New York, NY 10001
Telephone # 212-242-4201
E-mail: ebontek@earthlink.net
***
THE
BLACK RADICAL CONGRESS
RESOLUTIONS
ON BLACK REPARATIONS
Whereas, People of
African Descent in the US have a just claim to compensation because of both
historical and present-day violations of human rights, the right to
self-determination, imposed citizenship and property rights;
and…
Whereas, The vast
majority of the United States and corporate wealth was
created by enslaved
labor; and…
Whereas, The United
States government and many of its corporations maintain their wealth today, in
large part, through the continued exploitation of Black labor
by practices
of job and wage discrimination; and…
Whereas, The United
States government and some of its corporations also uphold their wealth through
the maintenance of its large pool of millions of
surplus labor;
and…
Whereas, The issue of
Black Reparations must also be seen in the context of the global issues as they
affect the African continent, the Caribbean, Central and South America, due to
the kidnapping and robbing of Africa's human and natural
resources as well as
the ruthless colonization of Africa and the Diaspora; and...
Whereas,
Reparations has been raised by Black People since the 19th Century and
throughout the 20th Century as a legal, legitimate and moral demand;
and...
Whereas, The United States government supports the just
compensation of the Jewish People for the genocidal acts of the German state,
and compensation they gave the Japanese Americans who were, during World War II
unjustly held in concentration camps throughout the US.
Therefore, be it resolved