Saturday, June 24, 2017

DAEUS (Descendants of Africans Enslaved in the United States)

Status of Descendants of Africans Enslaved in the United States (DAEUS) - DRAFT

DRAFT

Status of  Descendants of Africans Enslaved in the United States (DAEUS)
and the United States’s Violation of the Convention on the Elimination of All Forms Racial Discrimination (CERD)


Response to the Periodic Report of the United States of June 12, 2013,
accompanied by the Common Core Document
and Annex submitted on December 30, 2011,
to the United Nations  Committee on the Elimination of Racial Discrimination


Submitted By
Racial Justice Now!
                               





1.    Key Findings

    1.    Widespread anti-black racism and the development of a new systemic structure of insitutional oppression has caused the economic, social and political well-being of black americans to approximate the system of legal apartheid in the United States from 1870 to 1964.

    2.    The United States fails to collect data on DAEUS and consequently fail to know the true status of descendants of Africans enslaved in the United States.

2.    Recommendations

    1.    Amend census and data collection category to have more ethnic categories for Blacks including a category for DAEUS (Descendants of  Africans Enslaved in the United States).

    2.    Conduct a racial impact study for all policies and laws with particular attention to the impact on  DAEUS, develop and delivered to Govt Agencies and contractors concerning anti-black racism, systemic acism analysis and ICERD obligations.

    3.    Revise anti-discrimination law to include negligent discrimination based on anti-black bias.




3.    Who are DAEUS

4.    Black American are  people of black African descendant, including African Americans.

5.    African Americans are black people who are descendants of enslaved Africans in the United States.  Unfortunately, in popular culture, African American is often used to describe any American who is of Black African descent. For example, President Obama is described and self-identifies as African American even though his ancestors were not enslaved in the United States.   For that reason, we will use the term "descendants of Africans Enslaved in the United States" (DAEUS) instead of African Americans.

6.    Why Focus on DAEUS?

7.    In order to understand the effects of systemic white supremacy and anti-black racism in the US, we need to understand the historical circumstances that make DAEUS a particularly vulnerable group.

8.    The existence of DAEUS in the United States resulted from a unique confluence of historical events that brought Europeans, Native Americans, and Africans together, creating the so-called “New World” of the Americas based on Atlantic worlds of economic, cultural, and political connections.  The racial and ethnic uniqueness of African Americans from the “discovery”  and colonization of this “New World” and by subsequent events that culminated in the creation of the United States.   The United States was established with a distinctive legal framework that espoused freedom and democracy while brutally suppressing people of African descent  who were regarded as property and chattel.  In three phases of American history, the law has been used to oppress people of African descent:  the invention of racial slavery, the re-creation of slave-like condition through legal Apartheid (also known as Jim Crow) and the re-creation of Jim Crow through the new American Apartheid. 

African American Legal experience9.    Understanding this historical trajectory is essential to understanding the situation of DAEUS.  The cultural and social dynamics that followed each phase of these historical, targeted African Americans.  Yet, African Americans fought, struggled, and died in an effort to hold the nation that was founded on the principles of freedom and democracy to these philosophical ideals.  From 1492  through the Modern Civil Rights movement to today in the new American Apartheid, a system of white supremacy based on anti-black racism has been allowed to continue.

10.    The situation of DAEUS is a result of racial slavery. Without the mass transfer of people from the African continent to the Americas, the invention of the white race, the construction of racial slavery under British colonial rule, and the consequent racial mixing with people of European and Native American descent, the racial category of African Americans would not exist.  Because of the brutality of American slavery, most African cannot trace their family histories beyond their sale to a slaveholder.  African Americans who can trace their ancestors to the period of slavery usually cannot pickup the trail into any specific country or tribe in African. They have no knowledge of their African ancestry, only that their forebears arrived in the "New World" as property.  This is not only tragic, but it uniquely defines native-born African Americans as a special group in world history – we are a product of the creation of this “New World” and deserve special recognition as a people.

11.    The horror of this Middle Passage was the start of the African American identity.  The survivors of the Middle Passage came to comprise a generalized African culture through this shared experience of brutal suppression and exploitation.

12.    In the “New World,” enslaved Africans were burdened with the responsibility of trying to understand themselves and form a new identity as  their captors tried to strip them of their psychological and cultural individuality, identity and dignity.  In the British North Americas the Africans were sent into regionally distinct colonies, each having established legal perpetual and hereditary slavery based on race.  In each of these 13 colonies, people of African descent were held as property, and free blacks were less than and separate from whites under the law.  Whether slave or free, to be black meant to either be enslaved or in a state close to slavery.  For example, within the first century of Virginia’s establishment (the flagship colony of the British), laws defining hereditary enslavement were based on the woman’s slave status, enabling slaveholders to prosper from black women’s reproductive abilities, thus permitting the rape and forced breeding of enslaved women for the purposes of natural increase and for the profit of the slaveholder.  There were miscegenation laws, where free blacks and free whites could not legally marry. The children of such  unions were deemed “bastards” and were bound out by the courts.  Frequently, enslaved children were separated from their parents and socialized as subjected people, as servants.  The model of enslavement and the institution of racial slavery based on black subjugation in this first British colony in the New World set up the legal and economic model of slavery in Britain's other colonies.

13.    There have been many deep and profound questions about how black slavery and white freedom could and would co-exist in a nation that was founded not only upon religious freedom, but also upon the principles of economic and political freedom and opportunity.  The founding documents like the Declaration of Independence and the United States Constitution were written by slaveholders, and this allowed for an acceptance of the co-existence of slavery and freedom in the American mind,  and the centrality of racial slavery and black subjugation in the nation’s legal and racial consciousness.  Americans have therefore inherited an acceptance of legal racial disparities.  Even the U.S. Constitution did not have any explicit references to slavery or enslavement; it was left up to federal and state lawmakers to decide whether or not a state would be slaveowning.  This conflict of state laws led to the American Civil War.

14.    Even though the Civil War was fought to eliminate slavery and Constitutional amendments secured citizenship rights for African Americans, a protracted system of black codes established legal apartheid at the federal and state levels.  This legal apartheid, commonly known as Jim Crow, resulted in separate and unequal educational facilities and opportunities, inferior housing, limited access to quality health care, and limited economic and political opportunities.  In addition, lynchings and murders of African American men and women went unprosecuted and created a climate of terror under which African Americans had no legal recourse.

15.    This history, of American racial slavery and legal apartheid survives in the nation’s racial and legal consciousness and perpetuates racial disparities in the United States.  However, many African Americans without doing their own family’s research, only know these broad strokes (if that) in their individual identity as a people or in their own understanding of self.  It is a rich history, but one that is unveiled only through study and self-education.  What makes African Americans unique is that they were placed into their national condition by force. Their segregation and subjugation as a result of their historical, political, and cultural, exploitation benefited the United States. The enslavement of African Americans thus gave other oppressed groups a legal, cultural, economic, and political advantage when they voluntarily migrated to the United States.




16.    Anti-Black Racism and Its Impact

17.    "There is no hierarchy of oppressions where race is concerned, but anti-black racism is the fulcrum of white supremacy." Scott Nakagawa

18.    A fulcrum is "the spot about which a lever turns" or "one that supplies capability for action." Enslaved Africans and their descendants laid the economic foundation for American prosperity.  At the same time, African Americans became the common enemy to unite "white -skinned" people. Fear and loathing of black people is the driving force of modern-day racial politics. Anti-black biases are so widespread that 70% of non-blacks and 40% of blacks reportedly have a pro-white, anti-black bias. 

19.    Anti-black racism is killing the descendants of Africans enslaved in the United States. By looking at the health of DAEUSs, one can get a full understanding of the impact of systemic racism.

20.    In the United States, an estimated 80,000 to 200,000 excess black deaths occur each year. "Excess deaths" are those that would not occur if black Americans had the same death rate as white Americans. These figures are the equivalent of one jumbo jet of African-American passengers and crew crashing and killing everyone each day.

21.    The figure on life expectancy can also show the impact of systemic racism on African-Americans. According to the World Factbook of the Central Intelligence Agency, life expectancy at birth is a measure of quality of life in a country.

22.    Based on international comparisons of life expectancy, the quality of life for black American males and females is worse than in several countries, including Chile,  Barbados, Cuba and Jamaica. That is if black American men life expectancy were ranked as a country at 69 years,  black  males ranked 75th behind Jamaica; black women ranked 55th behind Bosnia and similar to Jamaica. This ranking is 45 points lower than white males and 20 points lower than white females. The burden that is being carried by descendants of enslaved Africans in the United States (DAEUS) is unknown because the United States does not collect data specific to our status.

Life Expectancy

23.    This difference in health is a result of institutional and systemic racism and the impact of slavery, legal apartheid, and the new American apartheid.


Health and Oppression
24.    Distinguishing racism from classism is critical to understanding the state of DAEUS.  According to one study, race and class are independent factors. Low-income whites live three years longer than low-income blacks, and middle-income whites lived ten years longer than middle-income blacks. In another study, black women with a college education had more low birth weight babies than white women with less than a high school education. This means that while middle-income blacks are  doing better than low-income blacks, institutional and systemic racism prevents middle-income and poor blacks from doing as well as middle-income and poor whites.

25.    This is because the United States has a system of oppression that is every bit as onerous as legal apartheid. Racially neutral laws and policies form the basis of the new American apartheid. However, these laws and practices are implemented in a way that has an unintended discriminatory effect. US anti-discrimination law addresses only intentional racism. Congressional Republicans and Democrats have both refused to allow African Americans and other’s access to the courts for implicit and institutional discrimination.

26.    The old system of racism on which much of America law is based requires an explicit belief in white superiority, active promotion of segregation, a belief in a biological-based intellectual inferiority and blatant discrimination. This sort of discrimination is perpetrated by individuals and institutions. In the new American apartheid, the racial discourse and practices that have a discriminatory impact are increasingly covert based on implicit biases. The new American apartheid avoids racial terminology, claims that whites are also victims of discrimination, avoids direct racial references in politics, and has rendered the mechanisms of racial inequality invisible. The new American apartheid has reestablished many of the elements of legal apartheid. Among those elements are stated-sanctioned violence, residential and educational segregation, a system of economics that depends on keeping blacks from fully participating in the system, and restrictions on their political and civil rights.

27.    This new American apartheid is promoted by both liberals and conservatives. Conservative defenders of the new American apartheid believe that the racial hierarchy is legally irrelevant to the constitutional principle of legal protection unless it is state-sponsored, conscious discrimination and unless that behavior is the proximate cause. The conservative response to racial inequality is to do nothing. Moreover, conservatives are convinced that racial re-marginalized groups should merely choose the proper cultural values so that they can take advantage of the new race-blind landscape.

28.    Liberal supporters of the new American apartheid think that race does matter but not much. They are sometimes capable of being race-sensitive, but rarely. They view frontal attacks on racial conditions as divisive and prefer not to take direct action against racial inequality. They, like conservatives supporters of the new American apartheid are convinced that racially marginalized groups should just change their cultural values.

29.    What both liberal and conservative supporters of the new American apartheid ignore is that systemic and cultural racism is having a devastating impact on the descendants of Africans enslaved in the United States.

30.    The entire history of African slaves and their descendants has been one of deprivation and oppression. Our ancestors were stolen from the continent of Africa and dragged to the Americas. Slavery in the United States denied African slaves and their descendants any legal status, and severed their connections to their traditional culture, language, religion and history.  African Americans or DAEUS  origins are only here in the United States and cannot be compared to African immigrants or to any other racial or ethnic group.

31.    Class, gender, religion and sexual orientation can complicate the situation of DAEUS.  African Americans continue to suffer embedded social and racial inequalities that deprive them of opportunities and undermine the welfare of each member of the community regardless of his or her class .

32.    Supporters of the new American apartheid fail to recognize that the choices that DAEUS make are based on the choices that are available to them. In the sea of racial oppression and deprivation, DAEUS do not have the same choices or receive the same treatment of that similarly situated whites do.




33.    Violations of CERD

34.    The United States has violated Articles 1(a), 1(c) and 1(d)m Article 2, 3 and Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination.

35.    The United States has violated Articles 1(a), 1(c), 1(d) by maintaining laws that permit and authorize discrimination based on negligent conduct rather than intentional conduct. The United States has blocked direct access to the court for disparate impact discrimination. In 2001, in Alexander  v. Sandoval, the Supreme Court held that individuals could not sue for disparate impact discrimination because it was a right of action created through regulation. The Court held that the only recourse was to file a complaint with the appropriate government regulation.  This could have been remedied by the passage of a law granting direct access to the courts. However, in the 13 years since that decision there has been no attempt to solve this problem. This is devastating since most discrimination is disparate impact or negligent discrimination based on implicit bias rather than intent.  Thus, the United States has allowed a law to stand that perpetuates racial discrimination.

36.    Article 3, Since slavery, the United States has maintained or supported legal segregation in housing and education.  Despite the Brown v. Board of Education and Civil Rights Act of 1964, the segregation and isolation of black children has increased since 1990.   In fact, “40 percent of black students attend schools that are more than 90 percent minority, up from 34 percent 20 years ago. Then, black students typically attended schools where 40 percent were low-income; it's now 60 percent.”

37.    Furthermore, through mass incarceration, United States have de facto re-established  slavery.  The prison system has become a financial center fueled by black bodies.   “Between 1990 and 2009, the inmate population of private prisons grew by 1,664% .  Today approximately 130,000 people are incarcerated by for-profit companies.  In 2010, annual revenues for two largest companies — Corrections Corporation of America and the GEO Group — were nearly $3 billion.”

38.    Article 5(a), 5(b), 5©:  African American (DAEUS) communities are immersed in a sea of systemic and cultural racism that limits the individual and community choices and opportunities. Systemic and cultural racism are evident in  wealth and income discrimination, educational discrimination, criminal justice discrimination, healthcare discrimination, housing discrimination, employment discrimination, food and water discrimination,  land discrimination,  and in the targeting of DAEUS  communities with tobacco, guns, alcohol and drugs. 

39.    The total 2013 Equality Index of Black America was 71.2%, meaning that black Americans enjoy less than 75% of the benefits and privileges that white Americans do.

2014EqualityIndex1


40.    The situation has gotten worse since 2006, with the equality index dropping by two points. The most disturbing drop is in “Social Justice."

2014EqualityIndex3

41.    In eight years, Blacks have lost almost 20 points in “Social Justice," meaning that Blacks  have only slightly more than 50% of the rights and opportunities that whites do when it comes to “equality before the law” and “victimization and mental anguish." This is due to rampant racial profiling and "Stand your Ground" laws which permit killings based on fear and suspicion.   Given the anti-black bias, these laws are not enforced equitably.

JustifiableKillings






42.    Even more disturbing is the widespread lynching of Black Americans. Between 1882 and 1968, there was 3446 known lynching. That is,  on average 40 per year.   In 2012, there were 136 extrajudicial killings or lynching of unarmed black men by police, security guards and vigilantes. On total, one black person was killed in an extrajudicial shooting every 28 hours. 

43.    Another area of racial oppression is the death penalty and mass incarceration. One black man in three and one black woman on ___ will be imprisoned at some point. This is especially disturbing as the for-profit prison system takes over responsibility for incarceration. Given the profit and economics in prisoners, it returns black bodies to the state of slavery and legal apartheid. The federal government has done little to stop this type of racial discrimination.

44.    Systemic and cultural racism has an impact on all people of color: Asian, native American and Hispanic. Because of Anti-black racism,  however, Blacks suffer disproportionately.  The burden that is being carried by descendants of enslaved Africans in the United States (DAEUS) is unknown because the United States does not collect data specific to our status.




APPENDIX  A:  Black Farmers:  It's Still About the land!

45.    Black farmers in the United States continue to suffer from unlawful racial discrimination and persecution.  Despite anti-discrimination laws, the United States Department of Agriculture (USDA) is responsible.  Discrimination in the USDA farm loan and benefit programs has been well documented.  This discrimination includes denial of production loans, other financial assistance available to white farmers, and program benefits.  Black farmers continue to experience hostility, bias, and outright discrimination especially at the county-level offices of USDA.[1]  In the 1980s, the USDA gutted its civil rights enforcement program and USDA Secretary Thomas Vilsack, appointed by President Obama, has failed to fire a single employee for discrimination that he maintains “happened twenty years ago.”

46.    In 1932, when the USDA was founded, Blacks owned approximately sixteen million acres; today, that has dwindled to approximately three million, and Black farmers are struggling to hold on to that land for themselves and their children.  Half of those three million acres are at risk of foreclosure.  As Black farmers have been denied access to loans for chemicals and irrigation systems, they possess today the most virgin U.S. farmland available for organic, biodynamic farming

47.    When Black farmers filed a class-action lawsuit against the USDA in Pigford v.Glickman, the Clinton Administration negotiated a settlement in 1999.  There has been absolutely no progress since then.  The problem has been allowed to fester and USDA has regressed on the issue of civil rights.  Black farmers claim that they are being persecuted for bringing these issues to light and live in fear that USDA will take their farms.  They contend that the USDA promised debt relief, but never delivered it.  The United States government offsets any payment received by the Black farmers for discrimination by reducing the amounts of their pension, Social Security income, or other federal government payments.  Further, because of these deliberate actions on the part of the United States government, Black farmers have poor credit histories that render them no choice but to pay as much as 49% interest when borrowing money to carry out their farming activity

48.    The United States government does not hesitate to spend trillions of dollars on war.  It is a shame when the US declares war on a segment of its own population.



[1] See for example, Decline of Black Farming in America, United States Commission on Civil Rights, Washington, D.C., February 1982 and The Minority Farmer:  A Disappearing American Resource.  Has the Farmers Home Administration Been the Primary Catalyst?  H.R. Res. No. 101-984 (1990).



Appendix B  Segregated Housing, Segregated Schools and Anti-Black Racism

49.    Excerpted from:  Richard  Rothstein, Segregated Housing, Segregated Schools Education Week (March 24, 2014) http://www.edweek.org/ew/articles/2014/03/26/26rothstein_ep.h33.html (Last Visited: June 24, 2014).

50.    . . . Even sophisticated policymakers now generally assert that black students' residential isolation is de facto, but the proposition is dubious.

51.    The federal government led in establishing metropolitan residential segregation. From its New Deal inception, federally funded public housing was explicitly segregated by government. Nationwide (not only in the South), projects were officially designated either for whites or blacks. Once white families left the projects for the suburbs, most public housing was purposely placed only in black neighborhoods.

52.    In the mid-20th century, the federal government subsidized relocation of whites to suburbs and prohibited similar relocation of blacks. The Federal Housing Administration and the Veterans Administration recruited builders to construct giant developments in the East . . . These builders received federal loan guarantees on explicit condition that no sales or resales be made to blacks

53.    Federal and state bank regulators approved and encouraged "redlining" policies, banning loans to black families in white suburbs and even, in most cases, to black families in black neighborhoods, leading to those neighborhoods' deterioration and ghettoization.\\

54.    The Internal Revenue Service unconstitutionally extended tax favoritism to universities, churches, and other nonprofits that enforced racial segregation. . . .

55.    Urban renewal programs of the mid-20th century often had undisguised purposes of forcing low-income black residents away from universities, hospital complexes, or business districts and into new ghettos. Real estate is highly regulated, but state authorities never punished brokers for racial discrimination, and rarely do so even today when discriminatory practices remain. Public police and prosecutorial power enforced racial boundaries: North, South, East, and West, in thousands of incidents police stood by as mobs firebombed and stoned homes purchased by blacks in white neighborhoods, while prosecutors refused to charge easily identifiable arsonists. These and other forms of racially explicit state action to segregate the urban landscape violated the Fifth, 13th, and 14th Amendments. Yet the term "de facto segregation," describing a never-existent reality, persists among otherwise well-informed advocates and scholars.

56.    Private prejudice certainly played a large role, but the federal government helped create and sustain private prejudice. White homeowners' resistance to black neighbors was fed by fears that African-Americans who moved into their neighborhoods would bring slum conditions with them. Yet slum conditions were created by overcrowding caused almost entirely by government refusal to permit African-Americans to expand their housing supply and by municipalities' discriminatory denial of public services. In the ghetto, garbage was collected less frequently, and neighborhoods were often rezoned for industrial or even toxic use. White homeowners came to see these conditions as characteristics of black residents themselves, not the result of racially motivated government policy.

57.    Even those today who understand this dramatic history may think that because these policies are mostly those of the past, segregation persists mostly because few blacks can afford to live in middle-class neighborhoods.

58.    Yet the federal government also contributed to this unaffordability with discriminatory labor-market policy. At the behest of Southern congressmen, New Deal labor standards, like minimum wages and the right to unionize, excluded from coverage, for undisguised racial purposes, occupations in which black workers predominated.

59.    The federal government granted exclusive collective bargaining rights to segregated private-sector unions, including some that entirely excluded African-Americans from their trades, into the 1970s. Government thus depressed income levels of African-American workers below levels of comparable white workers, contributing to black families' inability to accumulate the wealth needed to move to equity-appreciating white suburbs. . .

2015 Status of Descendants of Africans Enslaved in the United States

Status of Descendants of Africans Enslaved  in the United States (DAEUS)

Submitted to the United Nation’s Working Group of Experts
on Status of People of African Descent

December 16, 2015

Submitted By

Racial Justice Now![1]
Vernellia R. Randall[2]
Professor Emerita of Law
Principal Author

On behalf of:

22 Community Organizations[3]

70 Community Activists[4]

 (For PDF Copy)


COVER EMAIL TO WORKING GROUP

RacialJusticeNow in conjunction with 22 organizations and 70 individuals submit a Report on the Status of Descendants of Africans Enslaved in the United States. We submit this report in preparation for the UN Working Group of Experts on People of African Descent's visit to the United States in January 2016.  We are concern that notwithstanding the Working Group's mandate there has not been a clear reference to the unique circumstances of the Descendants of Africans Enslaved in the United States (DAEUS).  Neither the report from the Working group's initial visit to the US  or the report from the Working Group's annual conference earlier this year addresses the issues of DAEUS.  

Not addressing DAEUS is a significant oversight that must be addressed in this upcoming visit. To effectively address the issues confronting blacks in the United States, it is essential that Working Group recognizes that the situation of DAEUS is different from other minorities including immigrant blacks.

We hope that our report help lays the foundation for that recognition, and we are prepared to provide support and testimony.  To that end, we would appreciate the opportunity to talk with the Working Group during your visit and would be happy to meet you at one of your planned stops.


KEY POINTS

1.        In three phases of American history, the law has been used to oppress people of African descent: the invention of racial slavery, the re-creation of slave-like conditions through legal Apartheid (also known as Jim Crow) and the re-creation of Jim Crow through the new American Apartheid. All of those phases have had a profound impact on people of African descent, but the actual nature of the effect is unknown because the United States fails to collect data on Descendants of Africans Enslaved in the United States (DAEUS).

2.     Descendants of Africans Enslaved in the United States (DAEUS) origins are only here in the United States and cannot be compared to African immigrants any other racial or ethnic group. In fact, many members of every ethnic group, (e.g. Irish, Chinese, Italians, Jews, Native Americans, Mexicans, Afro-Caribbeans, and immigrant Black Americans) has attempted to negotiate America's racial hierarchy. Their particular aim has been to distance themselves from the bottom (DAEUS) and assimilate into the melting pot of America. Many individuals from these groups implicitly accepted and perpetuated racial hierarchy, shoring up rather than dismantling white supremacy and racism.[5]

3.     The United States through its system of laws and enforcement of law permits and authorizes racial discrimination in every area of American life. The American Economic and political system based on anti-black racism has a disparate impact on all Blacks, and the impact on DAEUS specifically is unknown. Consequently, the United States violates article 2, 3, and 5 of the Convention on the Elimination of all Forms of Racial Discrimination.

4.     Widespread anti-black racism and the development of a new structure of systemic and institutional oppression causes the current (2015) economic, social and political well-being of DAEUS to approximate the system of legal apartheid in the United States from 1870 to 1964.


QUESTIONS FOR THE UNITED STATES

5.     Does the United States recognize that the situation of Descendants of Africans Enslaved in the United States is different from other racial minorities including immigrant blacks? Why? Why not?

6.     Why doesn’t the United States authorize legal actions for reckless racial discrimination and negligent racial discrimination?

7.     What studies have the United States done on the status of Descendants of Africans Enslaved in the United States? When was the last one done? What recommendations came out of the study? What was the result of the recommendations? When is the next study?


RECOMMENDATIONS TO THE UNITED STATES

8.     Amend census and data collection category to have more ethnic categories for Blacks including a category for DAEUS (Descendants of Africans Enslaved in the United States).

9.     Conduct racial impact study on all policies and laws with particular attention to the impact on DAEUS.

10.     Require any federal, state, county and city that receives any federal funding to collect data on the impact of programs using federal funds on DAEUS and publish that data electronically for the public.

11.     Train government agencies and federal contractors on anti-black racism, systemic racism analysis, and ICERD obligations.

12.     Revise anti-discrimination law to include all forms of racial discrimination including reckless racial discrimination and negligent racial discrimination.


WHO ARE DAEUS AND WHY FOCUS ON DAEUS? [6]

13.     Black Americans are Americans of black African descendant, including African Americans and immigrants from Africa, South America, Europe, Asia and the Caribbean. [7]

14.     African Americans are black Americans who are descendants of Africans Enslaved in the United States. Unfortunately, in popular culture, African American is often used to describe any American, who is of Black African descent, including recent immigrants. For example, President Obama is described and self-identifies as African American even though his ancestors were not enslaved in the United States.

15.     To understand the effects of systemic white supremacy and anti-black racism in the US, we need to understand the historical circumstances that make DAEUS an especially vulnerable group. Many groups address intersectionality the compounding effect of being for example, gay, fe male,  , Latino. Few address the impact of being descendants of enslaved Africans and legal apartheid.

16.     TThe existence of DAEUS in the United States resulted from a unique confluence of historical events that brought Europeans, Native Americans, and Africans together, creating the so-called “New World” of the Americas based on Atlantic worlds of economic, cultural, and political connections. The racial and ethnic uniqueness of DAEUS from the “discovery” and colonization of this “New World” and by subsequent events that culminated in the creation of the United States. The United States established a distinctive legal framework that espoused freedom and democracy while brutally suppressing people of African descent regarding them as nothing but property and chattel. Over 544 years, in three phases of American history, the law has been used to oppress people of African descent: the invention of racial slavery, the re-creation of slave-like condition through legal Apartheid (also known as Jim Crow) and the re-creation of Jim Crow through the new American Apartheid.

17.     Understanding this historical trajectory is essential to understanding the situation of DAEUS. The cultural and social dynamics that followed each phase of these historical periods targeted DAEUS. DAEUS fought, struggled, and died to hold the nation founded on the principles of freedom and democracy to these philosophical ideals. From 1492 through the Modern Civil Rights Movement to today in the new American Apartheid, a system of white supremacy based on anti-black racism has been allowed to continue. Thus, the Descendants of Enslaved Africans have been vulnerable throughout this history.

18.     The situation of DAEUS is a result of racial slavery. Without the mass transfer of people from the African continent to the Americas, the invention of the white race, the construction of racial slavery under British colonial rule, and the consequent racial mixing with people of European and Native American descent, the racial category of DAEUS would not exist. Because of the brutality of American slavery, most DAEUS cannot trace their family histories beyond their sale to a slaveholder.[8] DAEUS, who can trace their ancestors to the period of slavery, usually cannot identify the trail into any specific country or tribe in African. They have no knowledge of their African ancestry, only that their forebears arrived in the "New World" as property. This is not only tragic, but it uniquely defines native-born DAEUS as a special group in world history – we are a product of the creation of this “New World” and deserve special recognition as a people.

19.     The horror of this Middle Passage was the start of the DAEUS identity. The survivors of the Middle Passage came to comprise a generalized African culture through this shared experience of brutal suppression and exploitation.

20.     In the “New World,” enslaved Africans, burdened with the responsibility of trying to understand themselves and form a new identity as their captors tried to strip them of their psychological and cultural individuality, identity, and dignity. In the British North Americas, the Africans were sent into regionally distinct colonies, each having established legal perpetual and hereditary slavery based on race. In each of these 13 colonies, people of African descent were held as property, and free blacks were less than and separate from whites under the law. Whether enslaved African or free, to be black meant enslavement or in a state close to slavery. For example, within the first century of Virginia’s establishment (the flagship colony of the British), laws defining hereditary enslavement were based on the woman’s enslavement status. This enabled holders of enslaved Africans to prosper from black women’s reproductive abilities through rape and forced breeding of enslaved women to natural increase their property ownership and the profit of the slaveholder. There were miscegenation laws, where free blacks and free whites could not legally marry. The children of such unions were deemed “bastards” and were bound out by the courts. Slave-owners frequently separated enslaved children from their parents. Slaveowners socialized enslaved African children as subjected people, as servants. The model of enslavement and the institution of racial slavery based on black subjugation in this first British colony in the New World set up the legal and economic model of slavery in Britain's other colonies.

21.     There have been many deep and profound questions about how black slavery and white freedom could and would co-exist in a nation that was founded not only religious freedom but also upon the principles of economic and political freedom and opportunity. Holders of Enslaved Africans wrote the founding documents like the Declaration of Independence and the United States Constitution. This allowed for an acceptance of the coexistence of slavery and freedom in the American mind, and the centrality of racial slavery and black subjugation in the nation’s legal and racial consciousness. Americans have therefore inherited an acceptance of legal racial disparities. Even the U.S. Constitution did not have any explicit references to slavery or enslavement; it was left up to federal and state lawmakers to decide whether or not a state would be slave owning. This conflict of state laws led to the American Civil War.

22.     Even though the Civil War was fought to eliminate slavery and Constitutional amendments secured citizenship rights for DAEUS, the 13th amendment specifically permits slavery and involuntary servitude as punishment for a crime. Thus, a protracted system of black codes established legal apartheid at the federal and state levels. This legal apartheid, commonly known as Jim Crow, resulted in separate and unequal educational facilities and opportunities, substandard housing, limited access to quality health care, and limited economic and political opportunities. Also, lynchings and murders of DAEUS men and women went unprosecuted and created a climate of terror under which DAEUS had no legal recourse.

23.     Since 1980, a new system of legal apartheid has been constructed. Like the old system, there continues to be slavery a large portion of the Black population based on incarceration. There continues to be legally authorize racial

24.     This history, of American racial slavery and legal apartheid, survives in the nation’s racial and legal consciousness and perpetuates racial disparities in the United States. However, many DAEUS without doing their own family’s research, only know these broad strokes (if that) in their individual identity as a people or in their understanding of self. It is a rich history, but one that is unveiled only through study and self-education. What makes DAEUS unique is that they were placed into their condition by force. Their segregation and subjugation as a result of their historical, political, and cultural, exploitation benefitted the United States. The enslavement of African thus gave other oppressed groups a legal, cultural, economic, and political advantage when they voluntarily migrated to the United States.

 


ANTI-BLACK RACISM AND ITS IMPACT

25.     "There is no hierarchy of oppressions where race is concerned, but anti-black racism is the fulcrum of white supremacy." Scott Nakagawa[9]

26.     A fulcrum is "the spot about which a lever turns" or "one that supplies capability for action." Enslaved Africans and their descendants laid the economic foundation for American prosperity. At the same time, DAEUS became the common enemy to unite "white -skinned" people. Fear and loathing are the driving force of modern-day racial politics. Anti-black biases are so widespread that 75% of whites and 42% of blacks reportedly have a pro-white, anti-black bias.[10]

27.     Anti-black racism is killing the descendants of Africans enslaved in the United States. By looking at the health of DAEUS, one can get a full understanding of the impact of systemic racism.

28.     In the United States, an estimated 80,000 to 200,000 excess black deaths occur each year. "Excess deaths" are those that would not happen if black Americans had the same death rate as white Americans.[11] These figures are the equivalent of one jumbo jet of African-American passengers and crew crashing and killing everyone each day.

29.     The figure on life expectancy can also show the impact of systemic racism on Black Americans. According to the World Factbook of the Central Intelligence Agency, life expectancy at birth is a measure of the quality of life in a country.[12]

30.     Based on international comparisons of life expectancy, the quality of life for black American males and females is worse than males and females in several so-called developing countries, including Chile, Barbados, Cuba and Jamaica. That is if black American men’s life expectancy were ranked as a country at 69 years old, black males ranked 75th behind Jamaica; black women ranked 55th behind Bosnia and similar to Jamaica. [13] This ranking is 45 points lower than white males and 20 points lower than white females. The burden that is being carried by Descendants of Africans Enslaved in the United States (DAEUS) is unknown because the United States does not collect data specific to our status.

 

31.    For DAEUS, this difference in health is a result of institutional and systemic racism and the impact of slavery, legal apartheid, and the new American apartheid.

32.     Distinguishing racism from classism is critical to understanding the state of DAEUS. According to one study, race and class are independent factors. Low-income whites live three years longer than low-income blacks, and middle-income whites lived ten years longer than middle-income blacks. In another study, black women with a college education had more low birth weight babies than white women with less than a high school education. This means that while middle-income blacks are doing better than low-income blacks, institutional and systemic racism prevents middle-income and poor blacks from doing as well as middle-income and poor whites.

33.     This is because the United States has a system of oppression that is every bit as onerous as legal apartheid. Racially neutral laws and policies form the basis of the new American apartheid. However, these laws and practices are implemented in a way that has an unintended discriminatory effect. US anti-discrimination law addresses only intentional racism. Congressional Republicans and Democrats have both refused to allow DAEUS and other’s access to the courts for implicit and institutional discrimination.

36.     The old system of racism on which much of American law is based requires an explicit belief in white superiority, active promotion of segregation, a belief in a biological-based intellectual inferiority, blatant discrimination and the promotion of terror through lynching and violence. This sort of discrimination is perpetrated by individuals and institutions. In the new American apartheid, the racial discourse and practices that have a discriminatory impact are increasingly covert based on implicit biases. The new American apartheid avoids racial terminology, claims that whites are also victims of discrimination, avoids direct racial references in politics, and has rendered the mechanisms of racial inequality invisible. The new American apartheid has reestablished many of the elements of legal apartheid. Among those elements are stated-sanctioned violence, residential and educational segregation, a system of economics that depends on keeping blacks from fully participating in the system, and restrictions on their political and civil rights.

37.     Both liberals and conservatives promote this new American apartheid. Conservative defenders of the new American apartheid believe that the racial hierarchy is legally irrelevant to the constitutional principle of legal protection unless it is state-sponsored, conscious discrimination and unless that behavior is the proximate cause. The conservative response to racial inequality is to do nothing. Moreover, conservatives are convinced that racial re-marginalized groups should merely choose the proper cultural values so that they can take advantage of the new race-blind landscape.

38.     Liberal supporters of the new American apartheid think that race does matter but not much. They are sometimes capable of being race-sensitive, but rarely. They view frontal attacks on racial conditions as divisive and prefer not to take direct action against racial inequality. They, like conservatives supporters of the new American apartheid, are convinced that racially marginalized groups should just change their cultural values.

39.     What both liberal and conservative supporters of the new American apartheid ignore is that systemic and cultural racism is having a devastating impact on the descendants of Africans enslaved in the United States.

40.     The entire history of enslaved Africans and their descendants has been one of deprivation and oppression. DAEUS ancestors were stolen from the continent of Africa and dragged to the Americas. Slavery in the United States denied enslaved African and their descendants any legal status and severed their connections to their traditional culture, language, religion and history. DAEUS origins are only here in the United States and cannot be compared to African immigrants any other racial or ethnic group.

41.     Oppression based on socioeconomic class, gender, religion and sexual identity complicate the situation of some DAEUS.17

42.     DAEUS suffer harm passed down from generations of and a current system of embedded social and racial inequalities that deprive them of opportunities and undermine the welfare of each member of the community regardless of his or her socioeconomic class.

43.     Supporters of the new American apartheid fail to recognize that the choices that DAEUS make are based on the choices that are available to them. In the sea of racial oppression and deprivation, DAEUS do not have the same choices or receive the same treatment of that similarly situated whites do.[14]

44.     In relationship to DAEUS, the United States has violated Articles 2, 3 and 5 of the Convention on the Elimination of All Forms of Racial Discrimination.[15]

45.     The United States has failed to eliminate all forms of racial discrimination. The Supreme Court of the United States interpretation of Title VI of the Civil Rights Act of 1964[16] is that it forbids intentional discrimination. The law permits all other forms of discrimination including negligent discrimination. There is nothing on in the constitution that explicit limits discrimination law to intentional. Since most discrimination is based non-intentional conduct, the law permits most discrimination.

46.     Furthermore, United States has blocked direct access to the court for disparate impact discrimination. In 2001, in Alexander v. Sandoval[17], the Supreme Court held that individuals could not sue for disparate impact discrimination because it was a right of action created by regulation. The Court held that the only recourse was to file a complaint with the appropriate government agency. Given the political nature of agency, this effectively limits access to a remedy. This could have been remedied by the passage of a law granting direct access to the courts. However, in the 14 years since that decision, there has been no attempt to solve this problem by any president or Congress. This is devastating since most discrimination is disparate impact or negligent discrimination based on implicit bias rather than intent. Thus, the United States has allowed a law to stand that perpetuates racial discrimination rather than eliminate it.

47.     The United States has established and maintained a system of racial segregation and legal apartheid.[18]

48.      Since slavery, the United States has supported segregation in housing and education. Despite the Brown v. Board of Education of Topeka[19] and Civil Rights Act of 1964[20], the segregation and isolation of black children has increased. In fact, “40 percent students attend schools that are more than 90 percent minority, up from 34 percent 20 years ago. Then, black students typically attended schools where 40 percent were low-income; it is now 60 percent.”25

49.     Furthermore, through mass incarceration, United States have de facto re-established slavery. The prison system has become a financial center fueled by black bodies. “Between 1990 and 2009, the inmate population of private prisons grew by 1,664%. Today approximately 130,000 people are incarcerated by for-profit companies. In 2010, annual revenues for two largest companies — Corrections Corporation of America and the GEO Group — were near $3 billion.”[21]

50.     The school-to-prison pipeline is out of school suspensions and expulsions that lead to school dropout and prison. The out-of-school suspensions start early. While black children represent only 18% of preschool enrollment, they represent 42% of the preschool children suspended once, and 48% of the preschool children suspended more than once.[22]

51.     DAEUS communities are immersed in a sea of systemic and cultural racism that limits the individual and community choices and opportunities.[23]

52.     Systemic and cultural anti-black racism are evident in black-white disparities in every major area of American life.[24] For instance:

Wealth and income For every $6.00 Whites have in wealth Blacks have $1.00.[25] For every $2.00 Whites have in income Blacks have $1.00.[26]
Educational For example, Black students represent just 18 percent of preschool enrollment but 42 percent of the students who are suspended once and 48 percent of the students who are suspended more than once.[27]
Criminal Justice For example, Black men are more than six times as likely as white men to be incarcerated.[28]
Healthcare For example, Blacks are 3 times less likely to receive heart catheterization, angiography or coronary heart bypass even when one controls for severity of Illness and ability to pay.[29]
Housing For example, Blacks since 2007, nearly 8% of Black Americans lost their homes to foreclosure compared to 4.5% of whites at similar income levels. In fact, Black Americans are more than 70% more likely to have been foreclosed.[30]
Employment For example, the black unemployment rate averaged 16.1 percent in April, May, and June 2011, compared to an average of 7.9 percent for whites. That is, the Black unemployment rate two years into the recovery was more than twice as high as the white unemployment rate.[31]
Food For example, only eight percent of blacks live in a tract with a supermarket, compared to 31 percent of whites.[32]
Land For example, Black Farmers represent less than 1% of all farmers in the U.S., but more than 60% are in jeopardy of losing their land and their farms[33]
Targeting Black communities with tobacco, guns, alcohol, and drugs.[34]

The total 2015 Equality Index of Black America was 72.2%, meaning that black Americans enjoy less than 75% of the benefits and privileges of white Americans.[35]

53.     The situation has gotten worse since 2006, with the equality index dropping by two points. The most disturbing drop is in “Social Justice."43 In eight years, Blacks have lost almost 20 points in “Social Justice," meaning that
Blacks have only slightly more than 50% of the rights and opportunities that whites do when it comes to “equality before the law” and “victimization and mental anguish." 44 This is due to rampant racial profiling and "Stand your Ground" laws that permit killings based on fear and suspicion. Furthermore, given the anti-black bias, these laws are not enforced equitably.

 

54.     Even more disturbing is the widespread lynching of Black Americans. Between 1882 and 1968, there was 3446 known lynching. That is, on average 40 per year.[36] In 2012, there were 136 extrajudicial killings or lynching of unarmed black men by police, security guards and vigilantes. Thus, in 2012, one black person was killed in an extrajudicial shooting every 28 hours.[37]

55.     Another area of racial oppression is mass incarceration. 1 in every 15 Black men are incarcerated in comparison to 1 in every 106 white men.[38] Black women are three times more likely than white women to be incarcerated.48

56.     This is especially disturbing as the for-profit prison system takes over responsibility for incarceration. Given the profit and economics in prisoners, it returns black bodies to the state of slavery and legal apartheid. The federal government has done little to stop this type of racial discrimination.

57.     Systemic and cultural racism has an impact on all people of color: Asian, Native American and Hispanic. Because of Anti-black racism, however, Blacks suffer disproportionately. The burden that is being carried by descendants of Africans Enslaved in the United States (DAEUS) is unknown because the United States does not collect data specific to our status.


APPENDIX A:  BLACK FARMERS: IT'S STILL ABOUT THE LAND![39]

58.     Black farmers in the United States continue to suffer from unlawful racial discrimination and persecution. Despite anti-discrimination laws, the United States Department of Agriculture (USDA) is responsible. Discrimination in the USDA farm loan and benefits programs has been well documented. This discrimination includes denial of production loans, other financial assistance available to white farmers, and program benefits. Black farmers continue to experience hostility, bias, and outright discrimination especially at the county-level offices of USDA. In the 1980s, the USDA gutted its civil rights enforcement program and USDA Secretary Thomas Vilsack, appointed by President Obama, has failed to fire a single employee for discrimination that he maintains “happened twenty years ago.”[40]

59.     In 1932, when the USDA was founded, Blacks owned approximately sixteen million acres; today, that has dwindled to approximately three million, and Black farmers are struggling to hold on to that land for themselves and their children. Half of those three million acres are at risk of foreclosure. As Black farmers have been denied access to loans for chemicals and irrigation systems, they possess today the most virgin U.S. farmland available for organic, biodynamic farming.

60.     When Black farmers filed a class-action lawsuit against the USDA in Pigford v.Glickman, the Clinton Administration negotiated a settlement in 1999. There has been absolutely no progress since then. The problem has been allowed to fester, and USDA has regressed on the issue of civil rights. Black farmers claim that they are being persecuted for bringing these issues to light and live in fear that USDA will take their farms. They contend that the USDA promised debt relief, but never delivered it. The United States government offsets any payment received by the Black farmers for discrimination by reducing the amounts of their pension, Social Security income, or other federal government payments. Further, because of these deliberate actions on the part of the United States government, Black farmers have poor credit histories that render them no choice but to pay as much as 49% interest when borrowing money to carry out their farming activity.

61.   The United States government does not hesitate to spend trillions of dollars on war. It is a shame when the US declares war on a segment of its population.


Appendix B  Organizations Endorsing this Report

Africa and Diaspora Development Linkages, Columbus, Ohio

AFROAMERICAS (NGO), Washington, DC

Allen Hydro Energy Corporation (AHEC),Reynoldsburg, Ohio

Anti-Racism Media and Black Talk Radio Network, Asheville, NC

Antiracists Alliance, New York, New York

Dinosaurs In Action, New York, New York

Family Solutions Inc., Fairfield, California

Fight Racism Now (FRN), London, England

FunDayInfrared N Radiant Heat System, Dayton, Ohio

Malcolm X Center for Self-Determination, Greenville, South Carolina

Morgan State University, Baltimore, Maryland

National Congress of Black American Indians, Washington DC

Parents for Social Justice, Louisville, KY

Racial Justice NOW!, Dayton, Ohio

Radix Consulting Group,  Portland, Oregon

Same Gender Loving Movement Inc., Brooklyn, New York

SharedSpace Lucy Depp Park, Powell, Ohio

Southern University Law Center, Hammond, Louisiana

 The Praxis Project, Washington, DC

University of Massachusetts Dartmouth, N Dartmouth, MA

University of Tennessee, Memphis, TN

WESPAC Foundation, White Plains, New York




Appendix C:  Individuals Endorsing this Report

*For Idenification Purposes Only

Albert Persaud , Co-Founder/Director, The Centre for Applied Research and Evaluation: International Foundation* London, England

Angela Allen-Bell, Associate Professor of Legal Writing & Analysis, Southern University Law Center*, Hammond, Louisiana

Annie Simpson, Physician/Professor of Medicine and Ethics, University of New Mexico Health Sciences School of Medicine*, Albuquerque, New Mexico

Bernard Stevens, Case Worker/ Case Manager, Same Gender Loving Movement Inc.*, Brooklyn, New York

Brenda Randall, Community Activist, Sterling, AK

Byron E. Price, Ph.D Visiting Professor, Lillie and Nathan Ackerman Chair of Social Justice, Baruch College*, New York, NY

Byron Ward, Chairperson, Community Advocacy Coalition*, Oxnard, CA

Carolyn Perkins, Advisor, Dayton NAACP YOUTH COUNCIL*, Dayton, Ohio

Cat Goughnour, Equity Consultant, Radix Consulting Group*, Portland, Oregon

Charles Campbell, Founder & CEO, Allen Hydro Energy Corporation (AHEC)*, Reynoldsburg, Ohio

Corey Bush, Community Activist, Berea, Kentucky

Cynthia McKinney, PhD, Community Activist, Atlanta, Georgia

Darron Smith, Professor, University of Tennessee*, Memphis, TN

David Greer, Chairperson, Northwest Priority Board*, Dayton, Ohio

Dawan Shockley, Community Activist, Dallas, Texas

Deborah Drinkard, Disabled, Citizen of the USA*, Belle Glade, FL

Deborah Jones-Brown, Web Designer, Dinosaurs In Action*, New York, New York

Dekia Gaither, Community Activist, Richmond, Kentucky

Don Johnson, Community Activist, Critz, VA

Doris Fields, PhD, Adjunct Faculty, University of New Mexico*, Placitas, New Mexico

E. Gwyn Stetler, PhD , Candidate - Graduation 2016 Community Servant Leader, Community Chaplain, Interfaith , Spiritual, Director, Collaborative Business Owner, Transformative Educator SharedSpace Lucy Depp Park*, Powell, Ohio

Efia Nwangaza, Founder/Executive Director, Malcolm X Center for Self-Determination*, Greenville, South Carolina

Elizabeth Webster, Doctoral Candidate, Walden University*, Atlanta, GA

Gloria Dell Allen, Retired Educator, Dayton, OH

Isaiah Imani, organizer, Fathers & Sons United*, Brooklyn, NY

Jacquelyn N'Jai, Educator, Pittsburgh, Pennsylvania

James Holloway, Retired salesperson, Cincinnati, Ohio

Jasmine Lynch, Teacher, Houston, TX

Jeffrey J Moore, CoFounder CEO., FunDayInfrared N Radiant Heat System*, Dayton, Ohio

Jordan Taylor, Community Activist, Poughkeepsie, NY

Julialynne Walker, Community Activist, Africa, and Diaspora Development Linkages*, Columbus, Ohio

Kathy Hessler, Clinical Law Professor, Lewis & Clark Law School*, Portland, Oregon

Kathy White, Community Activist, Uniondale, Long Island NY

Kimberly Oleary, Professor of law, Wmu Cooley Law School*, Lansing, MI

Kristopher Smoot, Community Activist, East Lansing, Michigan

Laura Greenfield, Student, Lexington, KY

Lindsay Ainsworth, Community Activist, Dayton, Ohio

Logan Smith, Community Activist, Berea, Kentucky

Loretta Ross, Associate, FCWSRC*, Atlanta, Ga

Lubirda Newman, J.D. , Community Activist, Springfield, OR

Makani Themba, Executive Director, The Praxis Project*, Washington, DC

Marian Douglas-Ungaro, Writer and International Consultant in human rights, AFROAMERICAS (NGO)*, Washington, DC

Mary Sue Gmeiner, Community Activist, Dayton, Ohio

Melissa Frampton, Certified Chess Coach, Parents for Social Justice*, Louisville, Ky

Michael Barnes, Community Activist, Chicago, IL

Michael McEachrane, Visiting assistant professor in postcolonial studies at the University, of Bremen in Germany Fight Racism Now (FRN)*, London, England

Mikhail Tutson, Community Activist, McKinney, Texas

Mohamed Hussein, Community Activist, Dayton, Ohio

Myrtie Howard, Retired, Dallas, Texas

Nada Khader, Executive Director, WESPAC Foundation*, White Plains, New York

Niinana Kweku (Rev. Dr.), Doctor of Psychology, Family Solutions INC*, Fairfield, California

Nozipo Glenn, Therapist (retired), Dayton Mental Health Center*, Dayton, Ohio

Nse Ufot, Community Activist, Atlanta, Georgia

Patricia Reid, Assistant Professor, University of Dayton*, Dayton, OH

Paula R Rhodes, Associate Professor, the University of Denver Sturm College of Law*, Denver, CO

Raymond Winbush, Director, Institute for Urban Research, Morgan State University*, Baltimore, Maryland

Robin Benton, Administrator, Anti-Racism Media, Black Talk Radio Network*, Asheville, NC

Rodney Solomon, Jr., Community Activist, Brooklyn, NY

Rose Brewer, Professor, Minneapolis, Minnesota

Sandra Bernabei, LCSW, AntiRacist Alliance*, New York, New York

Sharnell Salah-Aldin , Health Unit Coordinator Lexington, Kentucky

Sharon Smith, Multicultural Educator, Asheville, North Carolina

Sono Arima, Artist, Newark, New Jersey

Staci Rucker, Assistant Dean for Student Affairs and Associate Professor of, Academic Success University of Dayton School of Law*, Dayton, Ohio

Stanley Eichenauer, Retired Social Worker/CEO, Eastway Corporation/USDHHS SAMHSA*, Dayton, Ohio

Talina Hutton, Teacher, Sacramento, CA

Vernellia Randall, Professor Emerita, University of Dayton School of Law*, Dayton, Ohio

Warren Jordon, IT Repair Agent, Geek Squad*, Fort Worth, Tx

Zakiya Sankara-Jabar,Director, Racial Justice NOW!*, Dayton, Ohio



[1]Racial Justice NOW (herein, RJN) is a community based organization made up of educators, parents, clergy, and grassroots activists. “Racial Justice Now (RJN) is a community activist organization dedicated to fighting institutional and systemic racism. By focusing on human rights, RJN seeks to empower other grassroots activists to challenge systemic racism by organizing and holding people in power accountable.” For More information: Zakiya Sankara-Jabar, http://racialjusticenow.org/ (Last Visited: December 14, 2015); RJN!Ohio, http://www.rjnohio.org/ (Last Visited: December 14, 2015).

[2] Professor Vernellia Randall, The University of Dayton, School of Law, Dayton, OH USA, This email address is being protected from spambots. You need JavaScript enabled to view it.

[3] See, Appendix B: Organizations endorsing this report.

[4] See, Appendix C: Individuals endorsing this report.

[5]Vilna Bashi Treitler, The Ethnic Project: Transforming Racial Fiction Into Ethnic Factions (2013).

[6]Thanks to Dr. Patricia Reid, Professor of History, University of Dayton for drafting this section.

[7]There is disagreement on the definition of the terms, but that disagreement does not distract from the issue presented by the report - that DAEUS are not adequately acknowledge or protected by the United States Government from anti-black racism.

[8]Not all of the slaveholder were in the south. The North just outlawed enslavement sooner.

[9] Scott Nakagawa, Blackness is the Fulcrum,

http://www.racefiles.com/2012/05/04/blackness-is-the-fulcrum/ (Last Visited: December 14, 2015).

[10]Project Implicit Bias, https://implicit.harvard.edu/implicit/demo/background/faqs.html#faq19 (Last Visited: December 14, 2015).

[11]Vernellia Randall, Dying While Black (2006).

[12]Central Intelligence Agency, World Factbook,

https://www.cia.gov/library/publications/resources/the-world-factbook/rankorder/2102rank.html (Last Visited: December 15, 2015).

[13]Randall, Dying While Black, supra note 8.

[14]For example, African American Rastafarian experience significant discrimination in the South Carolina corrections system.

[15]Article 1(1): “In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” Article 2-1(a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation. Article 2-1(b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations. Article 2-1(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization.

[16]Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964.

[17]532 US 275 (2001).

[18]Article 3: States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

[19]347 U.S. 483 (1954)

[20]Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964

[21]Lisa Wade, Race, rehabilitation and Private Prison, (Jan. 25, 2013)

http://thesocietypages.org/socimages/2013/01/25/race-rehabilitation-and-the-private-prison-industry/ (Last Visited: December 15, 2015).

[22]U.S. Department of Education Office for Civil Rights Civil Rights Data Collection: Data Snapshot (School Discipline) March 21, 2014

http://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf (Last Visited: December 14, 2015)

[23]Article 5(a): The right to equal treatment before the tribunals and all other organs administering justice; Article 5(b): The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution; Article 5(e) Economic, social and cultural rights, in particular: (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration; (ii) The right to form and join trade unions; (iii) The right to housing; (iv) The right to public health, medical care, social security and social services; (v) The right to education and training; (vi) The right to equal participation in cultural activities

[24]National Urban League, One Nation, Underemployed: Jobs, rebuild America, 2014 State of Black America, http://iamempowered.com/sites/all/themes/newiae/SOBA/SOBA2014_HTML5/SOBA2014-SinglePgs/index.html (Last Visited: December 14, 2015)

[25]Signe-Mary McKernan, Caroline Ratcliffe, Eugene Steuerle, and Sisi Zhang, Less Than Equal Racial Disparities in Wealth Accumulation, http://www.urban.org/UploadedPDF/412802-Less-Than-Equal-Racial-Disparities-in-Wealth-Accu mulation.pdf (Last Visited: December 15, 2015).

[26]Drew Desilver, 5 Facts about Economic Inequality, Pew Research Center, (January 7, 2014); http://www.pewresearch.org/fact-tank/2014/01/07/5-facts-about-economic-inequality/ (Last Visited: July December 15, 2015).

[27] U.S. Department of Education's Office for Civil Rights, Expansive Survey of America's Public Schools Reveals Troubling Racial Disparities (March 12, 2014) http://www.ed.gov/news/press-releases/expansive-survey-americas-public-schools-reveals-troubling-racial-disparities, (Last visited: December 15, 2015); National Education Policy Center, Seeing Past the “Colorblind” Myth of Education Policy: Why Policymakers Should Address Racial/Ethnic Inequality and Support Culturally Diverse Schools,

[28]Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2012); Bruce Drake, Incarceration gap widens between whites and blacks, Pew esearch Center (Sept. 6, 2013) http://www.pewresearch.org/fact-tank/2013/09/06/incarceration-gap-between-whites-and-blac ks-widens/ (Last Visited: December 15, 2015).

[29] Randall, Dying While Black, supra. 10.

[30]National Association of Real Estate Broker, The State of Housing in Black America (2013), http://www.nareb.com/shiba-report/ (Last Visited: December 15, 2015).

[31]Christian E. Weller and Jaryn Fields, The Black and White Labor Gap in America: Why African Americans Struggle to Find Jobs and Remain Employed Compared to Whites, Center for American Progress (July 25, 2011) ,http://cdn.americanprogress.org/wp-content/uploads/issues/2011/07/pdf/black_unemployment.pdf

(Last Visited: December 15, 2015).

[32]Sarah Treuhaft and Allison Karpyn, The Grocery Gap: Who Has Access to Healthy Food and Why It Matters, PolicyLink (2013) http://thefoodtrust.org/uploads/media_items/grocerygap.original.pdf (Last Visited: December 15, 2015)

[33]Appendix A: Black Farmers: It's Still About the land!, infra; USDA Extension Service at University of Arkansas

[34]Randall, Dying While Black, supra 10.

[35]National Urban League, State of Black America: Save Our Cities (2015) http://soba.iamempowered.com/graphicscharts/2015-graphicscharts(Last Visited: December 15, 2015).

[36]Walter Thomas Howard, Lynchings: Extralegal Violence in Florida During the 1930s, p. 18 (2005).

[37]Malcolm X Grassroots Movement, Operation Ghetto Storm: 2012 Annual report on the

Extrajudicial Killings of 33 Black People by Police, Secuirty Guards and Vigilantes (April 2013), http://mxgm.org/wp-content/uploads/2013/04/Operation-Ghetto-Storm.pdf (last Visited: December 15, 2015).

[38]Sophia Kerby, The Top 10 Most Startling Facts About People of Color and Criminal Justice in the United States A Look at the Racial Disparities Inherent in Our Nation’s Criminal-Justice System, (March 13, 2012) http://www.americanprogress.org/issues/race/news/2012/03/13/11351/the-top-10-most-startling-facts-about-people-of-color-and-criminal-justice-in-the-united-states/ (Last Visited: December 15, 2015).

[39]49Written by Cynthia McKinney, Former United States Representative.

[40]50 See for example, Decline of Black Farming in America, United States Commission on Civil Rights, Washington, D.C., February 1982 and The Minority Farmer: A Disappearing American Resource. Has the Farmers Home Administration Been the Primary Catalyst? H.R. Res. No. 101-984 (1990).

Psycho-Social and Societal Development for African Americans Through Human Rights Norms Protecting Historically Black Universities and Colleges

IHRAAM STATEMENT/INTERVENTION  DELIVERED TO  UN WORKING GROUP ON PEOPLE OF AFRICAN DECENT,   BALTIMORE, MARYLAND ,   21 JANUARY, 2016

 


DEAR MEMBERS OF THE UN WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT, THE US HUMAN RIGHTS NETWORK, THE FRANKLIN LAW GROUP AND FACILITATOR FOR THIS HISTORIC GATHERING OF COMMUNITY REPRESENTATIVES  - AND TO ALL OUR DISTINGUISHED PARTICIPANTS

    IHRAAMLogo   On behalf of the International Human Rights Association of American Minorities (IHRAAM), an UN/NGO in Consultative Status with the Economic and Social Council (ECOSOC),  we welcome, with gratitude, the opportunity to make this intervention. We respectfully, yet firmly advise, that the Members of this uniquely mandated UN Working Group, take full measure of the testimony and evidence it will receive - relative to the increasingly deteriorating plight of People of African Descent in the United States of America.

      Similar evidence was gathered in the US over 15 years ago by the inaugural investigation conducted by your colleague and then special UN Rapporteur Maurice Glele-Ahanhanzo. The UN Team noted the gross disparities between African-American and European-American communities - relative to such major socio-economic indicators as: health, education, housing, employment, political participation, economic development, criminal justice, the application of the death penalty, police violence, and incitement to racial hatred. IHRAAM, at that time, was privileged to have provided direct testimony at UN Headquarters. Sadly, nearly a generation later,  the results gleaned from your distinguished Working Group's visit this week, will most likely result in a reconfirmation of the same negative, if not worsening, indicators of social well-being for people of African Descent throughout America.

      With the understanding that "health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity", the World Health Organization (www.who.int/en) noted the inescapable consequences of the aforementioned and adverse conditions which beg for proper resolution. Research suggest that such systemic and prolonged socio-historical exposure to abnormal stressors can inter-generationally alter the very psycho-physiological well being on an entire people. Such has been the case for people of African Descent in America. The body of research on complex trauma is supportive of the need for the institutionalization of culturally competent psycho-social services for such affected populations. Notwithstanding efforts at corrective action on an individual level, we strongly object to attempts made to pathologize the very people that have been denied the right to self-determination and the legitimate control of institutions that can more effectively address their collective concerns. 

     The challenge, therefore, is how might we collectively, within the legitimate framework of customary and international human right law create a new paradigm for the identification, assessment and potential resolution of the widening array of deeply entrenched socio-economic and political ills that continue to systemically plague our communities ? Respectfully, IHRAAM has already proposed, in its Alternative Report to the recent US UPR, a partial - but nevertheless - potentially effective solution. 

     In short, it is fully recognized that, while under current stress, Historically Black Colleges & Universities (HBCUs) represent the US institutionalization of African American Higher Education. Collectively, the 109 HBCUs and 91 Predominantly Black Institutions (PBI) of higher learning, have played a significant role in the training of African American professional sectors in the health sciences and in the reciprocal economic viability of African American communities at large would ensure the greatest level of well-being. However, recent US government policies and US Supreme Court decisions have disproportionately impacted the very survival of these special institutions. HBCUs remain under threat despite their international legal protection under numerous instruments.    

     Therefore, IHRAAM submitted an Alternative Report (AR) to UN Human Right Council (UNHRC) in response to the US Universal Periodic Review (UPR). IHRAAM presented and defended its position at a side-session at UN Geneva Headquarters last May 2015. Subsequently, IHRAAM representatives were invited to participate in the US State Department UPR Team's Interagency  Working Group on July 20,  2015. I, hereby, will briefly summarize the highlight of the interventions/recommendations made at that time and which, hopefully, has relevance to today's gathering:

     In response to the US UPR, and in light of the well over 300 State-based recommendations made in Geneva, IHRAAM submitted the following recommendations to the US government. We call for the following:

 

1. The US ratification of all international Human Rights (HR) Treaties to which it is not a party;

2. The establishment of a National Human Rights Institution (HRI);

3. Adoption and implementation a Plan of Action consistent with the Durban Declaration a  Program of Action;

4. Strengthen and implement existing US laws and legislation to eliminate all forms of racism and discrimination;

5. Actively promote the right to education for vulnerable minority and ethnic groups and fully  consult with them to correct historical and present injustices; and finally

6. The US should take full note of the Alternative Report submitted by IHRAAM which calls for the creation and government recognition of an OFFICE OF HBCU DEVELOPMENT &  INTERNATIONAL COOPERATION.    

 

While these documents have already been filed with the UN Human Rights Council (UNHRC) and US Department of State, we would like to leave members of this esteemed UN Working Group with personal copies of IHRAAM's  Alternative Report to the US-UPR, our July 20th intervention before the US State Department's UPR Interagency Team, as well as a recently released book which details the crisis confronting our HBCU's and the African-American Community at large. Creative and collaborative solutions are proposed, which are deemed to be fully consistent with the rule of both international and domestic laws. We trust you will take these recommendations under serious advisement. Thank you !    

 

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Status of Descendants of Africans Enslaved in the United States (DAEUS)

Vernellia Randall

Statement To United Nations Working Group of Experts on People of African Descendants
Baltimore January 21, 2016 


vernelliarandall2015My name is Professor Vernellia Randall, I am here representing Racial Justice Now!.

I am DAEUS or Descendant of Africans Enslaved in the United States.


DAEUS are indigenous to the United States of America. The existence of DAEUS in the United States resulted from a unique confluence of historical events that brought Europeans, Native Americans, and Africans together, creating the so-called “New World” of the Americas based on Atlantic worlds of economic, cultural, and political connections. DAEUS is racially and ethnically unique created out of the horrors of slavery and legal apartheid. Unlike Native Americans, we have no prior connection to the land of the United States. Unlike immigrants we have no identifiable connection to any particular country as a group - nor did we come voluntarily. We are indigenous people to the United States and should be treated as such.

 

The United States was established with a distinctive legal framework that espoused freedom and democracy while brutally suppressing people of African descent who were regarded as property and chattel. Over 544 years, in three primary phases of American racial history, the law has been used to oppress people of African descent: the invention of racial slavery, the re-creation of slave-like conditions through legal Apartheid (also known as Jim Crow) and the re-creation of Jim Crow through the new American Apartheid. Each of these phases has been characterized by slavery or neo-slavery, legally enforced discrimination and legally sanctioned violence as a control mechanism.


As DAEUS, no one in my family has been free of legally enforced racial oppression. My Great-Great Grandmother, Sara was born of enslaved Africans in 1815; Her Son Manlis was born enslaved in 1845. He never experienced freedom. My Grandfather, Tom Randall was born during legal apartheid 1870. He never experienced freedom. My Father, Ernest Randall, was born during legal apartheid in 1916. He never experienced freedom I was born during legal apartheid, 1943 and have lived to see the reenslavement of black people in the New Legal Apartheid. My Sons, Tshaka and Issa, have only known the New Legal Apartheid. Will the New Legal Apartheid be dismantled before my five-year-old Grandchildren, Makai and Ajani, are negatively impacted. Probably Not!


In part because the New Legal Apartheid is not recognized as a system of enslavement. Of which police brutality and killings is a symptom not the disease. It is essential that the UN Working Group on People of African Descent strongly address dismantling the system of neo-apartheid and not just symptoms.
Slavery, Legal Apartheid, and the new American legal apartheid has had a profound impact on Descendants of Africans Enslaved in the United States. It continues to have an effect. Unfortunately, the actual nature of the impact is unknown because the United States fails to recognize the unique relationship it has with DAEUS., fails to study the status, fails to collect data. By treating all Blacks without distinction, to the racial history, the United States continues to deny responsibility for the harm it has caused my people.


RECOMMENDED QUESTIONS FOR THE UNITED STATES


Does the United States recognize that the situation of Descendants of Africans Enslaved in the United States (DAEUS) is different from whites and other racial minorities including immigrant blacks? Why? Why not?


What studies has the United States done on the status of Descendants of Africans Enslaved in the United States? When was the last one done? What recommendations came out of the study? When is the next study?


RECOMMENDATIONS TO THE UNITED STATES


I. Amend census and data collection category to have a category for DAEUS (Descendants of Africans Enslaved in the United States).


II. Conduct racial impact study on all policies and laws with particular attention to the impact on DAEUS.


III. Revise anti-discrimination law to conform to obligations under CERD and to outlaw all forms of racial discrimination including reckless discrimination and negligent discrimination.

Rites of Passage Among People of African Descent

Statement by Healing and Performing Arts of the Youth Resiliency Institute  to UN Working Group of Experts on People of African Descent ,  Baltimore,  January 21st, 2016

We cannot escape our origin,
However hard we try,
Those origins contain the key
Could we but find it?
To all that later come
~James Baldwin

YouthResiliencyGood morning, my name is Navasha Daya and I am co-founder and Director of the Healing and Performing arts of the Youth Resiliency Institute (YRI), a cultural and arts community-based non-profit organization that provides services to children, youth and families in the City of Baltimore. I want to welcome the United Nation Delegation and thank you for traveling to Baltimore, Maryland to assess the state of hierarchy of race against Black people.

The 21st century represents the most dangerous time since our presence in the Americas as descendants of Africans. The urgency of these times necessitates a call to action to rescue our children, youth and families from a war being waged against them for their souls and minds. Too many of our children and youth from all life circumstances exist in socially toxic environments that have resulted in numbing detachment from others and a self-destructive disposition toward their self, family, community and world. Life without a sense of healthy identity, purpose, hope, belongings and love breeds a coldhearted, mean-spirited outlook on life that destroys both the individual and others.

Rites of Passage, a human development and community regeneration process, has been used by the Youth Resiliency Institute (YRI) and the National Rites of Passage Institute (NROPI) as a call to action. Specifically, rites of passage as used by YRI and NROPI is being used as a cultural antihistamine to prevent children and youth from experiencing allergic reactions to socially toxic environment.

The genius of our ancestors created powerful buffers that equipped us with cultural armor to beat back the demons of hopelessness, meaningless and lovelessness. These buffers consisted of cultural structures of meaning and feeling that created and sustained families and communities; this armor constituted ways of life and struggle that embodied values of service and sacrifice, trust and respect, love, care, discipline and excellence. Without cultural antihistamines and cultural armor, Black people are vulnerable to the social toxins and endure life with a minimal sense of self.

Rites of passage represents SANKOFA (it is never too late to return and fetch it), an opportunity for family and community to respond, intentionally and pragmatically, to the call for action during these dangerous times. It is an opportunity to provide a


UN Working Group of Experts on People of African Descent January 21st, 2016

child/youth development process that will enable youth and adolescents to see with new eyes and wake up, clothed in their right minds.

Suggested Questions

A. What are the numbers at the federal, state, county/regional and local levels of rites of passage and cultural art based specific development and prevention programs for people of color that focus on identity development and heritage? What is the annual amount of dollars spent and children and youth served?

B. Have the aforementioned programs been assessed utilizing cultural specific and sensitive assessment matrices?

C. What is the level of cultural competency training and understanding at the federal, state, county/regional and locals levels of the relationship between rites of passage and the cultural arts and self-esteem and achievement?

Suggested Recommendations

  1. Increasing the number of rites of passage and cultural arts specific development and prevention programs for people of color that focus on identity development and heritage.
  2. Identification, support and expansion of existing community-based model rites of passage and cultural arts specific development and prevention programs.

D. Conduct training and construct curriculum in the areas of rites of passage, the arts, cultural competence, cultural sensitivity, specificity and Africentricity to providers of care and designers of development, prevention and intervention programs.

G. Create and operate a grant award program to finance community based rites of passage, mentoring, cultural arts based programs for young men and women at the federal, state, county/regional and local levels. Offer tax incentives for businesses and corporations that sponsor such programs. Monitor and evaluate these programs with cultural specific and sensitive matrices. The focus of such assessment should not be driven by product and inclusive of process.

Healing and Performing arts of the Youth Resiliency Institute

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