CONTENTS July 4 and the Battle of Democracy
• An Occasion to Question What Is Meant by "Government Of, By and For the People"
- Kathleen Chandler -
• Significance of Sentence Given to Derek Chauvin for
Murder of George Floyd
• More than 100 Organizations Demand End to Expulsions of Refugees from U.S.
• Abuse and Retaliation Against Hunger Strikers in U.S. Immigration Detention
• The Brutal Massacre in Tulsa, Oklahoma in 1921
For Your Information
• Conception that "All Men Are Created Equal" Denies Accountability
• Conception of Equality in U.S. Declaration of Independence
July 4 and the Battle of Democracy
- Kathleen Chandler -
This July 4 marks
the day in 1776 when the
Second Continental Congress unanimously adopted the
U.S. Declaration of Independence, signalling
the official separation of the 13 original colonies
from Great Britain amid the Revolutionary War. This
great revolution proclaimed in deeds that British
colonialism could
be overthrown. It inspired many
anti-colonial fighters and revolutionaries around the world. The Revolutionary War was
not, however,
a social revolution but on the contrary transferred the
levers of
power from one set of property owners to another,
entrenching the
system of slave labor. The U.S. was constituted as a racist
state from the start. It carried out land theft and genocide
of indigenous peoples alongside
the system of slave labor, which both continued and
increased. Along with Black people, women
and the "propertyless" were not recognized as citizens and
they were all deprived of the right to vote and participate
in political
life. The oft-repeated slogans of the French revolution Equality,
Liberty and Fraternity only applied to slave owners,
property owners
and landowners, with the U.S. Constitution further entrenching the
compromise between slavery and oligarchy, serving to block
the revolutionary drive seen in the
Declaration of Independence. This included
any mention of the right to revolution contained
in the Declaration, replacing it with government
impunity to
suppress resistance and "insurrection." The Constitution's phrasing "We the people" and that U.S.
government is "of, by and for the people," is repeatedly
spoken of to say that in the United States decision-making
power
emanates from "the people." Nothing could be further from
the truth and people know this. The problem with this
knowledge is
that it is channeled into fighting for the aspiration that
the
existing democracy should be defended and perfected. Kept
hidden is
the fact that what is referred to when the words "the
people,"
and "rule by the people," are used, the content is not
defined. Neither what is meant by "the people" nor by
the word "rule" in the expression "rule by the people" are explained.
Those who refer to government of, by and for
the people are taking the U.S. Constitution as their reference point,
not the concrete reality in the United States at any historical
juncture. For all those seeking change that favors the
people, unless the concrete reality is the reference point along with
the claims the people are entitled to make on the society they are born
into and whose wealth they produce, establishing
a vantage point that is to the advantage of the people will remain
elusive. For
the founding fathers, "We the people" was themselves, considered the
"best and brightest," and thus fit to rule. This is the same conception
promoted today. Biden expressed this
clearly when addressing the joint session of Congress: "Our Constitution opens with the words -- as trite as it sounds --
'We the People.' Well, it's time to remember that 'We the People' are
the government -- you and I. Not some force in
a distant capital. Not some powerful force that we have no control
over. It's us. It's 'We the People.'" He is speaking to people in government, to Congress, which means the
"you and I" are not all the people making up the polity, but those in
government. And those in government refers
to the executive power, to his government, not everyone who makes up
the Congress or even his own party in the Congress. It is the executive
power which wields the decision-making
power. The Biden administration, whether addressing the joint session
of Congress, or the G7 Summit held in Cornwall, England recently or the
NATO Summit held in Brussels, is making
a clear statement that his government is in control and nobody should
forget it. Biden also refers to the existing democracy and the concern of the
rulers that the legitimacy of their rule is being questioned, that the
majority increasingly sees them as no longer fit to
rule. He says: "The question of whether our democracy will long endure
is both ancient and urgent, as old as our Republic -- still vital
today. Can our democracy deliver on its promise that
all of us, created equal in the image of God, have a chance to lead
lives of dignity, respect, and possibility?" To answer his own question
and morbid preoccupation with U.S. defeat, he
does not offer any concrete solution but makes a statement of faith. He
is mesmerized by his own belief that his government in service to the
oligopolies and their competition for world
domination, will succeed in making the U.S. prevail: "We will meet the
central challenge of the age by proving that democracy is durable and
strong. Autocrats will not win the future. We
will. America will. And the future belongs to America... We have stared
into the abyss of insurrection and autocracy, pandemic and pain, and
'We the People' did not flinch. At the very
moment our adversaries were certain we would pull apart and fail, we
came together... We summoned a new strength, new resolve to position us
to win the competition of the 21st
century." Biden, like Trump, Obama, Bush and Clinton before him, is waging the
internecine battle between vying U.S. ruling factions while
simultaneously dismissing the reality that there is a
battle between two Americas, the one of the rich and their government
and that of the multitude which is laying its claims on society,
affirming the rights of all as the people of the United
States strive to have a deciding say in all matters of concern. The
people's America is not that of the rich and their government. The
striving seen in the many demonstrations and actions of
all kinds, petitions, webinars, mass text messages and calls, is for
new arrangements of people's empowerment. This has been evident in the
persistent and determined battles against police
racist killings, for justice and equality, for immigrant and refugee
rights, where it has been firmly said, "This is Not Our America, This
is Not Our Democracy."
Pretending the U.S. is not under siege from all quarters, when Biden
questions "whether our democracy will long endure," he pathetically
tries to rescue the situation by resorting to
quoting from Abraham Lincoln's Gettysburg Address at the time of the
Civil War. He does so not only to perpetuate the perversion that it was
Lincoln who emancipated the enslaved
people, not the enslaved people themselves, but to promote the phrase
"government of, by and for the people" to clothe his democracy in colors it simply does not have. Lincoln's Address
in 1863 begins by referring to the Declaration of Independence, saying
"Four score and seven years ago our fathers brought forth on this
continent, a new nation, conceived in liberty, and
dedicated to the proposition that all men are created equal."
When Lincoln delivered the Gettysburg Address he was battling the
slave power and thus had difficulty referring to the Constitution with
its endorsement of and compromise with the slave power. Note that he
says "dedicated to the proposition that all men are created equal,"
rather than how it is stated in the Declaration as a "self-evident
truth" meaning that no proof is necessary, it is self-evident that all
men are created equal. Turning it into a proposition makes it an
aspiration for that "more perfect union" that presidents regularly
refer to as a means to dismiss crimes and injustice. As an aspiration,
it is also used to justify the continued existence of government
structures of inequality which are guaranteed by the Constitution.
When Lincoln speaks he goes on to say: "Now we are engaged in a
great civil war, testing whether that nation, or any nation so
conceived and so dedicated, can long endure." He
concludes that the task is to ensure "that government of the people, by
the people, for the people, shall not perish from the earth." The
phrasing, like Biden's and the Constitution's, craftily
separates the people from government. This is also readily seen in the
First Amendment of the U.S. Constitution which reads: "Congress shall
make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a
redress of grievances." The wording separates the government and the
people, just as the expression "we the people" is taken to mean the
government. The separation is necessary to enable
the structures of inequality established throughout the Constitution,
with government being superior to the people, the multitude, the
majority.
For Lincoln, the Civil War was not about eliminating the compromise
with slavery enshrined in the Constitution. The system of slave labor
had de facto become incompatible with the
system of wage labor. Through Civil War, the industrial power sought
to vanquish the slave power, with both existing north and south. Thus,
for Lincoln, the issue was who would wield
the national power and how this was to be determined and achieved.
Lincoln talks about ensuring that government of, by and for the
people "shall not perish from this earth." But a problem the rulers
cannot overcome is that the Civil War and
Reconstruction afterwards, where the striving of the people for
emancipation was decisive in both, served to advance the democratic
revolution stemming from the anti-colonial struggle
against the British. The advance meant one form of private property
ownership, the system of slave labor, had in fact perished, to be
replaced by a system of wage slavery, with
sharecropping being one of the forms it took on. This accomplishment
proved historically that private ownership of property can be
abolished. While the people's striving for power was
defeated in 1877 through use of force and terrorism, the Civil War is
irrefutable proof that private property can be abolished -- it
happened. Nonetheless, the oligarchy as a class remained
and the fight over who wields political power, the decision-making
power, was raging. For the rich, the challenge was to perpetuate the
compromise between the ruling factions so as to
effectively rule over the multitude. This Covenant to rule over the
people and the need to conciliate interests is at the heart of all the
theories of constitution and constitutional rule in the
U.S. But that compromise is what is incompatible with the striving of
the people for empowerment.
Another problem with referring to the phrase "government of, by and
for the people," as a reference point today is that the reference is to
the U.S. Constitution, with its compromises with oligarchy and
structures of inequality. The needs of the times reject both. A modern
constitution must of necessity reject both. A vantage point which
advantages the interests of the people requires vesting sovereignty,
decision-making power, in the people and finding the ways to do this
which are not based on a reshuffle of current structures of inequality.
For advancing democracy today, the reference point is not the U.S.
Constitution and the mantra that it can be made better. It is a
completely new reference point where power emanates from the people and
the claims they are entitled to make on the society into which they are
born or where they permanently reside. As the people persist in taking their place, they give birth to
political processes which of necessity provide structures of equality.
The question of political supremacy and defining it requires that the
people define who "the people" are by virtue of their act of laying the
claims they see fit to make. The rulers, by defining the people as the
government and separating the governing from the governed, are acting
to block the people from vesting the supreme power in themselves. Using
the Constitution and government "of, by and for the people," as a
reference point to define a modern democracy falls into many traps
which the people striving for empowerment are eager to avoid.
In a people's democracy, the people using their own agency decide
what is to be done under specific conditions and circumstances. The
power to remove those who block the
implementation of their decisions or who commit crimes against the
peoples, like aggressive war or planning and instigating such wars, or
participating in acts the people deem constitute
violence, like killer cops or killer drones, will be held to account.
The issue is one of who wields the decision-making power in the service
of what rule.
This is what is at stake on this July 4 in the United States.
Protest in Minneapolis, Minnesota, April 19, the day before the verdict was reached in Derek Chauvin's
trial.
Following the court's sentencing of Derek
Chauvin for the murder of George Floyd to only 22.5 years -- which
means he is eligible for parole in 15 years --
many community members were angry, saying such a sentence did not
fulfill their demands for justice and accountability. Many had demanded
charges of first degree murder for which, in
Minnesota, conviction means life in prison. Chauvin's charge of second
degree murder has a maximum of 40 years but even that was not given. He was also found guilty of
second-degree manslaughter and third-degree murder. The judge has
discretion to provide sentencing for each, to be served consecutively.
For Minnesota, the maximum for second degree
manslaughter is 10 years and for third degree murder nine years, or 59
years in total. Many
compare Chauvin's sentence of 22.5 years for murdering George Floyd to
longer sentences commonly served for similar or lesser offences,
especially when African Americans
and Puerto Ricans are being sentenced. One in seven people in U.S.
prisons are serving a life sentence, commonly for lesser violent crimes
than murder. This includes 3,972 people serving
life sentences for a drug-related offence. More than two-thirds of
those serving life sentences are people of colour with one in five
Black men in prison serving a life sentence, again usually
for lesser crimes than Chauvin's.
Puerto Rican political prisoners got 60-75 year sentences
just for conspiracy, with no actual act of violence having been committed.
Leonard Peltier, an Indigenous leader charged with
murder, which even the government now admits he did not commit, remains in
prison after 46 years. He is now 77, yet the government refuses to
release him.
The sentence given Derek Chauvin will not act as a deterrent to more
racist killings by police either. So long as the U.S. state and its
policing agencies at all levels refuse to assume
ownership of their own actions, such killings will continue until the
people themselves succeed in bringing them to an end. The rulers take
no responsibility because they believe they will
not face any consequences. That is where they are wrong. Minneapolis rally on April 20, 2021, the day the guilty
verdict was returned against Chauvin.
In a letter dated June 30, 105
organizations wrote to President Joe Biden demanding an end to the
expulsions of refugees under Title 42 of the United States Code. Title
42 expulsions are removals by the U.S. government of persons who have
recently been in a country where a communicable disease was present.
They were implemented in the name of COVID-19. The letter explains the plight of the refugees today and the state of human
rights violations at the hands of the U.S. administration. The text of
the letter
follows.
Dear President Biden:
We, the 105 undersigned organizations, write to express our alarm
and disappointment that your administration is reportedly considering
plans to continue to use the unlawful Title 42
expulsion policy to block and expel adult asylum seekers for at least
two more months and may use punitive measures such as ankle monitors
and expedited removal in processing families.
Not only does the Title 42 policy violate U.S. refugee law and
treaties, but it also endangers people seeking U.S. protection, with
over 3,250 kidnappings, rapes, and other attacks on people
expelled or blocked at the U.S.-Mexico border since you took office.
This number rises every day your administration fails to end this
policy. We urge your administration to fully rescind
this policy for all populations, comply with U.S. refugee law, and
ensure that Black, LGBTQ and other adult asylum seekers, many of whom
have been turned back or expelled at ports of
entry, as well as families and children, have swift access to the U.S.
asylum system.
Many of our organizations have repeatedly called on your
administration to end the Title 42 expulsion policy and restart asylum
processing for people seeking refuge. Rational,
science-based measures, recommended by public health experts exist to
mitigate COVID-19 concerns and safely process asylum seekers at the
border. The use of Title 42 -- described as a
"Stephen Miller special" by a former Trump administration official --
was implemented over the objections of senior Centers for Disease
Control and Prevention (CDC) experts and has been
widely discredited by epidemiologists and public health experts who
have confirmed it has "no scientific basis as a public health measure."
These experts provided detailed recommendations
for the safe processing of asylum seekers to your transition team, the
CDC, and other officials in your administration. In May 2021, medical
experts for the Department of Homeland
Security (DHS) filed a whistleblower disclosure condemning the policy
for lacking a public health justification and for fueling widespread
family separation and detention of children.
Medical professionals providing care in encampments and shelters in
Tijuana have also decried the expulsion policy as threatening the
health and safety of migrants.
Human rights organizations and the media have documented the
escalating dangers faced by asylum seekers and migrants subjected to
the Title 42 policy, many of whom have been
forced into squalid and dangerous conditions in several new camps near
the border. Legal and humanitarian staff who work with migrants
subjected to the policy have also faced serious
risks to their safety. The Title 42 policy has also driven family
separations as it presents families with the impossible choice of
keeping children in danger or sending them alone across the
border for their safety. As a result, many of the single adults who are
now stuck in Mexico are desperately trying to reunite with their
children in Office of Refugee Resettlement custody or
with family in the United States.
The expulsion policy has disproportionately affected asylum seekers
from Africa, the Caribbean, and elsewhere, who were not placed in the
Migrant Protection Protocols and are
not eligible for processing into the United States under Phase 1 or
Phase 2 of its wind-down. Black and LGBTQ asylum seekers blocked in
Mexico under the expulsion policy and unable to
request protection at a port of entry continue to experience targeted
discrimination and violence. Recent reports indicate that while your
administration may end the policy in July for
families, it may continue to subject adult asylum seekers to the policy
for at least two months -- an unacceptable delay that would prolong
disparities in access to protection and
disproportionately impact Black asylum seekers from African and
Caribbean countries, as well as LGBTQ refugees and others who are not
travelling with children. Such an approach would
be completely indefensible. Public health safeguards in no way require
or justify disparate treatment between families and adults arriving
alone. Moreover, such an approach is contrary to
U.S. asylum law and the non-discrimination provisions of the Refugee
Convention.
We are concerned that this administration continues to look to
deterrence as a strategy to address processing of asylum seekers at the
border. Ankle monitors, budget requests for
expansive detention, and expedited removal are part of a deterrence
strategy that is inhumane and ineffective. Such a cruel strategy is the
physical manifestation of the statement "Don't
come." Electronic monitoring devices are a particularly intrusive
measure that causes physical and emotional harm without a positive
impact on appearance rates as compared to appropriate,
community-based case management services. With respect to expedited
removal, many of our organizations, as well as the bipartisan U.S.
Commission on International Religious Freedom,
have long noted failures by Customs and Border Protection officers and
Border Patrol agents to follow basic required procedures to identify
individuals who must be referred for credible
fear interviews, as well as intimidation and coercion of asylum seekers
to withdraw requests for protection.
While we greatly appreciate your administration's ongoing efforts to
process into safety certain asylum seekers subjected to Migrant protection Protocols, we remain
gravely concerned that the Biden
administration continues to block and expel asylum seekers to the same
dangers under the Title 42 policy. In a rare public statement calling
on this country to uphold its legal obligations,
the UN High Commissioner for Refugees recently urged the United
States to swiftly end this policy and "restore access to asylum for the
people whose lives depend on it, in line with
international legal and human rights obligations."
With the 70th anniversary of the Refugee Convention approaching in
July, we urge your administration to end its misuse of Title 42 public
health authority immediately, restore asylum
processing in line with U.S. refugee laws and treaties for all asylum
seekers -- including at U.S. ports of entry -- and set an example for
the rest of the world by welcoming refugees with
dignity.
Respectfully,
[Signed]
For list of signatories, click here.
We provide below a portion of the executive
summary of a recent report by Physicians for Human Rights and the
American Civil Liberties Union concerning
resistance by detained refugees using hunger strikes, many of them women,
and violations of their human rights by the U.S. While the report
speaks to forced feeding, use of freezing cold rooms
and solitary confinement, the women hunger strikers have also brought
out that threats are made against them using their children. Officials from
Immigration and Customs Enforcement (ICE) threaten to
remove children or prevent the mothers from seeing them, for example,
as a means to coerce them into ending the strikes. To date, most of the
detention centres involved remain open.
Mr. Otieno (a pseudonym) an asylum seeker from East Africa, is one
of the many people in U.S. Immigration and Customs Enforcement (ICE)
detention who began a hunger strike to
protest poor conditions and seek release during the COVID-19 pandemic.
Rather than listen to his pleas, ICE retaliated by locking him in a
freezing cold room, force-feeding him through a
nasogastric tube against his will, and transferring him to three
different facilities. Only after subjecting him to all of this did ICE
finally release him from detention in late 2020. Mr. Otieno,
who lost 28 pounds and now takes medication for post-traumatic stress
disorder (PTSD) and depression, described it as "an experience that I
wouldn't wish on my worst enemy." He said,
"They put me on a bed and handcuffed me to an emergency medical
stretcher. ... [They] strap you on the chest, waist, legs,
[with] hard restraints ... there is no point in fighting back
because you are there with six male, strong officers, and three nurses,
and there is nothing you can do." The doctor claimed to have a judicial
order but declined to show it to him. Mr.
Otieno saw two other hunger strikers who were also force-fed.
The decision to begin a hunger strike in immigration detention is
not taken lightly. A detained person's refusal to eat may be the last
option available to voice complaint, after all other
methods of petition have failed. Detained and imprisoned people
worldwide have engaged in hunger strikes to plead for humane conditions
of confinement or release from captivity and to
bring attention to broader calls for justice.
Each day, the United States government unnecessarily locks up
thousands of people in civil immigration detention, including children,
in over two hundred immigration detention centres
around the country.
People may be locked up for many months -- even years -- as they
await final adjudication of their cases or deportation. Trapped in a
system marked by mistreatment and abuse,
medical neglect, and the denial of due process, hundreds of people in
immigration detention engage in hunger strikes as a means of protest
each year. ICE's failure to provide safe and
humane conditions in detention during the COVID-19 pandemic has only
raised the stakes for detained people. Although some detained people,
on occasion, are able to bring outside
attention to their hunger strikes, very little is known of ICE's
systemic response to hunger striking detainees.
This report provides for the first time an in-depth, nationwide
examination of what happens to people who engage in hunger strikes
while detained by ICE. For the full Executive
Summary, click here.
Tulsa following 1921 massacre
This year marks the 100th anniversary of the
brutal massacre carried out in Tulsa, Oklahoma in 1921. People across
the U.S. commemorated the massacre, decried the racist legacy which the United States continues
to enforce, and saluted the spirit and determination of the African
Americans who built and rebuilt Greenwood. U.S.
President Biden made a point of visiting Tulsa to spread deliberate
disinformation according to which "mobs" of "white supremacists" was
responsible for the massacre. The claim is that
the "hate" of these "mobs" were responsible, not the federal government,
not police and government forces which, like the Tulsa mayor, were
always part of or protection for government-organized racist and terrorist gangs such as the KKK. It was the
government at all levels, backed by the military and a state-organized
force specifically targeting the African American
community of Greenwood that was responsible. In 1921, Tulsa,
Oklahoma like many U.S. cities was segregated by law. Greenwood, the
African American community, was thriving at the time. The attack was no
accident. It was in
part a land-grab by the mayor and city officials and also a means to
suppress the growing success and independence of Greenwood and provide
an example to all those striving for equality
and opposing government racism.
The government was directly involved, not only through the
imposition of racist segregation laws, or because it backed a mayor who
was a member of the KKK, but because police
forces were involved, including by deputizing and arming their
organized force of white men. Machine guns and planes were used to bomb
the area. A review of the photos shows brick
buildings were turned into rubble, confirming that the level of
destruction could not have been accomplished by fires alone. National
Guard troops were called in by the Governor.
The land grab is evident in the fact that the very day following
the massacre, Tulsa passed zoning laws to prevent Greenwood from being
re-built. Governments at all levels acted to
ensure the crimes were covered up and the African American community
was blamed. The crimes include mass graves only now being discovered,
27 so far, along with mass injuries and
homelessness for thousands and brutal violence against the entire
community.
Tulsa was not an isolated incident. It follows the major rebellions
that occurred in African American communities across the country in
1919, also violently suppressed by the government. African American
troops were returning home from World War I and were angered by the
organized racism and discrimination they faced, including from laws
enforcing unequal schools, housing and more. Indeed dozens of African
American soldiers in Tulsa rallied and armed themselves to support and
defend Greenwood, including from a planned lynching.
Tulsa also takes place in the context of the Russian Revolution of 1917
that influenced people worldwide as the new government recognized the
human rights of all and affirmed every
person was legitimate and there would be no second class citizens.
Organizing was occurring among workers that united Black and white, all
of which frightened the rulers, bringing forth
brutal repression, use of KKK terror and more. This is the context for
the massacre.
When President Biden visited the site on the 100th anniversary, an
evident aim of his visit was to cover up the role of the U.S.
government of the day and since then in committing such crimes. He even
claimed "private planes" were used despite the fact that many survivors
have affirmed that the military was involved with various law
enforcement on board, firing at people in the streets who were trying
to protect themselves and their children from the many fires.
Biden mentions that there were governors and Congressional
representatives at the time who were members of the KKK, but does not
hold government then and now accountable. He
describes some of the events, including government use of "red-lining"
and "eminent domain" to target and destroy Greenwood a second time,
after the massacre, after people joined
together to rebuild it. But still, he holds to the mantra that the
United States is the greatest defender of human rights as if all the
crimes it commits are just aberrations which do not really
count.
"Redlining" was codified racism that shaped cities in the U.S. and
continues to do so today. Maps from nearly a century ago created by the
federal government's Home Owners' Loan
Corporation (HOLC), are based on deeming immigrant populations
"hazardous." The presence of Black people was a "detrimental influence"
or an "infiltration." Stark red lines on the maps
outlined neighbourhoods made up of people of colour, hence the term
red-lining. Green lines mark the "safe" areas of mostly white families.
In the 1930s, these "residential security" maps served as guidelines
for real estate professionals and loan officers. The maps categorized
regions across the country that supposedly
deserved investment and others that were considered too "risky" for
mortgage lenders. The "risk" was based solely on the racial makeup of a
community.
The maps were codified racism. Though eventually made illegal,
red-lining continues in various forms. For example, a study released in
2018 found that 64 per cent of the
neighbourhoods graded "hazardous" by HOLC remain segregated minority
neighbourhoods, most commonly African American. Seventy-four per cent of
neighbourhoods branded "hazardous"
also remain low-to-moderate income neighbourhoods. A 2017 study found
that areas classified as high-risk on HOLC maps became increasingly
segregated during the next 30-35 years, and
suffered long-run declines in home ownership and house values. The
federal government and financial agencies it runs have long been and
remain responsible for imposing and maintaining
segregation.
The blatantly racist practice has barred Black Americans and
targeted communities for generations, ensuring unequal schools while
blocking access to capital, government financing for
home ownership and all the basic tenets for what is called
wealth-building. Created under the New Deal, the HOLC program was meant
to ease the effects of the Great Depression. Yet,
these policies destined red-lined regions for disinvestment and
concentrated poverty.
Redlining was followed by other detrimental efforts such as "urban
renewal," which cleared neighbourhoods to construct housing projects
and highways, in turn displacing communities
of colour, once again changing the urban geographical landscape. To
this day minorities are constantly forced out of areas considered
"prime real estate," or people are restricted to
segregated neighbourhoods.
The role President Biden is playing is to either defend the crimes
the U.S. is committing or make no mention of them or of reparations.
This is because the crimes continue today and
everything is done to divert attention away from the demand for
accountability. Biden does not address continuing government structures
of inequality that not only maintain inequality but
make sure social and political problems are exacerbated manifold. Proof
of this is seen in the racist police killings, lack of treatment for COVID-19 and lack of health care more generally, and job
and housing discrimination. Biden does not address the lack of any
mechanism for the people to hold the government accountable. Addressing
that problem is in the forefront of many
current battles for justice.
For Your Information
On July 4, 1776, the U.S. Declaration of
Independence was issued, with its now famous phrase, "We hold these
truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable
rights, that among these are life, liberty and the pursuit of
happiness." The phrase has become well known in part because it is so often
repeated by presidents. Importantly, however, it is known because
inequality is so rampant in the United States and in
relations between the United States and other countries. Taking the
phrase in historical context at any time through the history of the
United States since it was constituted, what is revealed
is how the phrase about equality is used to promote U.S.
exceptionalism. Today this most often takes the form of distinguishing
the U.S. as exceptional and indispensable, to which all
countries must defer.
President Joe Biden, at his press conference after meeting with
Russian President Vladimir Putin on June 16, put it this way: "I made it clear to
President Putin that we'll continue to raise issues of
fundamental human rights because that's what we are, that's who we are.
The idea is: 'We hold these truths self-evident that all men and
women...' We haven't lived up to it completely,
but we've always widened the arc of commitment and included more and
more people."
He also said, "We're uniquely a product of an idea. What's
that idea? We don't derive our rights from the government; we possess
them because we're born -- period. And we yield them to a
government."
This statement is incoherent as one cannot possess or keep hold of a
right and also yield it to government. A human right belongs to the
holder as a human being and cannot be given,
received or forfeited in any way. It belongs to the holder by right and
that right means it exists in its affirmation, as a matter of a human
person making claims on society for what belongs
to them as a human being and member of that society. That is what a
right is. It consists as an expression of a concrete reality.
The U.S. conception of equality, however, is an idea, an aspiration.
According to Biden's rendering, the problem with the Constitution is
not that it deprives the people, the majority, of
power, but that it needs to be more inclusive, bring more people under
its rule and accepting of government dictate.
In the press conference after meeting Putin, Biden added, "Human
rights is going to always be on the table, I told him. It's not about
just going after Russia when they violate human
rights; it's about who we are. How could I be the President of the
United States of America and not speak out against the violation of
human rights?"
Nothing could be more incoherent, absurd and disinforming. Not only
is the U.S. the greatest violator of human rights both at home and
abroad, but, most significantly, Biden and the
U.S. repeatedly fail to take responsibility for the consequences of
these violations. Everything is rendered as a variant of "we will do
better in the future," as a commitment which has no
materiality whatsoever.
There is no accountability and no mechanism for accountability in
the U.S. Constitution. African Americans have repeatedly brought
forward the charge of genocide and are doing so
again at an International Tribunal on U.S. Human Rights Violations to
be held this year. Immigrants and refugees also speak to the brutality
and attacks on human rights by the U.S.,
including many deaths at the border due to U.S. actions. In addition to
long detention of large numbers of children, a violation of rights
under U.S. and international law, a new report
documents "forced feeding, forced hydration, and psychological coercion
of individuals detained by Immigration and Customs Enforcement (ICE)
between 2013-2020." Many were women
on hunger strike demanding their release and humane conditions for all
those detained. The treatment clearly violated the health and human
rights of those in detention.
It is not uncommon to hear it said that when violations of rights
take place, the Supreme Court will deliver justice. This denies that
the Supreme Court is part of the executive and its
constituted police powers. It most recently ruled in favour of child
slavery in the suit against Nestlé and Cargill, two of the world's
largest manufacturers of chocolate. The suit charged
them for knowingly buying cocoa beans from farms in Africa that used
child slave labour -- something these oligopolies likely organized and
imposed. The suit said they "aided and
abetted" the slavery, which is a crime against humanity. The group of
six adults sought to bring a class action suit on their behalf and that
of thousands of other children. The two giants
denied any wrong-doing.
The Court ruled that the law used, known as the Alien Tort Statute
(ATS), which permits foreign citizens to sue in U.S. courts for human
rights abuses, required a far higher level of
proof to condemn U.S. companies operating outside the country. The
court said that "mere corporate presence" and "general corporate
activity" in the United States are not enough "to
support a domestic application of the ATS." This means the child slaves
have to provide proof that corporate officers in the U.S. actively
plotted to aid and abet child slavery taking place
outside the U.S. Biden made no comment and it was his administration,
like Trump's before him, that was involved in pursuing the case for
Nestlé and Cargill.
The absence of constitutional mechanisms to hold the government
accountable for the crimes the U.S. system perpetrates and condones is
a main concern of the people across the United
States this July 4. There are no mechanisms to hold authorities
to account, whether it be for killer cops or killer drones or acts of
mass incarceration or discrimination, acts of
genocide and other crimes against humanity. Many U.S. treaties even
impose conditions of impunity for its soldiers who commit not just
military crimes but also acts like rape and murder
against civilians in countries the U.S. occupies or where it has bases.
In similar fashion, in the name of high ideals, elected officials and
policing forces enjoy impunity at all levels.
The U.S. rejects the jurisdiction of the International Criminal
Court (ICC), set up as an arena to address crimes of countries the U.S.
imperialists and its allies want tried, so long as it does not
include themselves. There was an uproar among Congress people recently
when House Representative Ilhan Omar on June 7, referring to U.S. crimes in both
Palestine and Afghanistan, asked
Secretary of State Anthony Blinken about U.S. accountability during a
Foreign Affairs Committee meeting. She said, "I know you oppose the
[International Criminal Court's]
investigation in both Palestine and in Afghanistan. I haven't seen any
evidence in either cases that domestic courts both can and will
prosecute alleged war crimes and crimes against
humanity.... In both of these cases, if domestic courts can't or won't
pursue justice, and we oppose the ICC, where do we think victims are
supposed to go for justice? And what justice
mechanisms do you support for them?" Blinken responded that both the
U.S. and Israel already "have the means." "I believe that we have,
whether it's the United States or Israel, we both
have the mechanisms to make sure that there is accountability in any
situations where there are concerns about the use of force and human
rights, etc. I believe that both of our democracies
have that capacity. And we've demonstrated it."
The consciousness that words are cheap in the U.S. is very high. As
Blinken spoke, the massive bombing and crimes of genocide were
occurring against the Palestinians, while police
racist killings continue in the U.S. and the lack of charges or
accountability persist. There was an immediate effort to try and get
Omar censored and removed from the Committee, simply
for asking the question. Blinken clearly means the U.S. has
demonstrated that it will use force with impunity and defend Israel
doing the same and their "rules-based order" decides who is
and is not human and worthy of protection.
On this July 4, at a time the crimes the U.S. is committing are
growing with every passing day, nobody is celebrating Old conceptions
of equality as aspirations with no materiality, as cover-ups for the
aim of the Constitution. That aim is to make sure the society is
divided between those who rule and make all the decisions to their
advantage and those who are disempowered and whose only duty is to obey
the verdicts rendered from on high over which they exercise no control.
With its structures of inequality and lack of accountability, now is the
time to bring in modern definitions of democracy based on
accountability, including a modern constitution which codifies what the
people of the United States are fighting for today.
A fundamental feature of a modern constitution would be the inclusion
of means to hold governments accountable for any crimes, including
those concerning aggressive wars and war crimes, genocide and the
current practice of lynching by police. It would also provide means
for the people to deliberate on issues of war and peace, the economic
direction set for the country and an
all-sided approach to issues related to security.
A modern democracy suitable to the people must enshrine the people
themselves as the supreme source of power. They should be able to remove
governments that they consider to be responsible for wars and extreme
violence, whether at home or abroad. Part of the battle of democracy,
which is the battle over political supremacy, over who has power to
decide, is about war and peace and defining crimes and punishment. At
the heart of
the battle of democracy today is the battle over political supremacy,
over securing political power for the people.
Political deliberation and discussion are a critical part of the fight
to make the people indispensable, not disposable.
Looking at the concept of equality given in the U.S. Declaration
of Independence and U.S. Constitution, it is necessary to keep in mind
that when the Declaration was issued it was
primarily addressing other countries, especially France, which the U.S.
revolutionaries seeking independence from Britain were mobilizing to
help them defeat the British. At the level of
nations, treaties can only be signed between equals. Thus, the U.S.
Declaration of Independence served to put the U.S. on an equal footing
among nations with its own independent standing.
Without the Declaration of Independence, the U.S. could not have
approached France to make arrangements to fight the British.
It is a Declaration, like the Constitution, made by men of property
within a system of slave labour, to devise a means for these ruling
factions to sort out their conflicts. One of these
was the ability of the various factions to raise their own armies,
against the people and each other. The conception of equality they
established recognized themselves to be equal members
entitled to pursue their life (slavery), liberty (accumulation of
property) and happiness (wealth).
The slave oligarchy was included in "The unanimous Declaration of
the thirteen United States of America," on the basis that those who can
raise their own private armies promise not to
do so and instead accept a single public army, the Continental Army.
The private armies, south and north were used to wage war on the
majority, called "the multitude" by the founding
fathers, the "propertyless." The significance of this is not that they
were white men of property and slave-owners as such but that their
compromise with slavery, their merger of the system
of slave labour with the system of wage-slavery holds as long as the
multitude agrees not to question the supreme political power of the
slave power and industrial power. The Constitution
and the arrangements it establishes, which decide all questions of war,
revenue, taxes, crime and punishment, affirms the compromise with
slavery and the compromise between democracy
(the people) and the oligarchy. To this day that compromise enshrines
the rights of the oligarchy, and that the oligarchy alone can determine
the limits to its rule.
The Declaration of Independence was written by slave owners yet it
proclaims that "all men are created equal." This refers to the solution
presented by the French enlightenment
movement to the dilemma of how to make property rights judiciable and
not a matter of the whim and arbitrariness of a king which claimed
divine inspiration. It is nonetheless logically
incompatible. The founders attempt to make it compatible with the rest
of the Declaration and later the Constitution, with its Bill of Rights,
but they fail, leading to the Civil War.
Neither did the enslaved people accept it at the time of the Civil
War and before that and nor did those who were declared the
propertyless multitude, the mob, accept it either. The U.S.
system first attempted to merge slave labour with wage-slavery, which
proved incompatible. The Civil War served to eliminate private property
in the form of a slave labour system, an
accomplishment of the people. But rule remained in the hands of the
oligarchy and the system of wage-slavery remained and was expanded -- a
system so incompatible with the
requirements of today that it can no longer even sort out the conflicts
within the ranks of the oligarchy, thus ever raising the danger of
civil war at home and more imperialist war abroad. It
most certainly is incompatible with the demands of the people for
empowerment.
The more the phrase "all men are created equal" is used to justify
what cannot be justified, the more the concrete inequality which exists
is brought to the fore as a result of the lack of
mechanisms to hold those who commit crimes against the people to
account.
For Us, Accountability Begins at Home. Only when the peoples
can exercise control over the decisions which affect their lives and
take responsibility for the results, can the
human and social environment even begin to be humanized.
(To access articles
individually click on the black headline.)
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