Using Jailed Migrants as a Pool of Cheap Labor May 25, 2014Posted by rogerhollander in Human Rights, Immigration, Prison Industrial Complex.
Tags: 13th amendment, detained immigrants, detention centers, human rights, ian urbina, illegal immigrants, immigrants, involuntary servitude, migrants, prison labor, prison labour, private prisons, roger hollander, slave labor, slave labour, solitary confinement
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Roger’s note: the NY times never ceases to amaze me with its euphemisms. For the Times torture is often “enhanced interrogation.” Here, slave labor is “cheap labor.” Slave labor is alive and well in the United States of America, from the tomato fields of Florida to the government’s own more and more privatized prison system. Unless, of course, you believe that payment that ranges from zero to thirteen cents an hour is not slave labor.
From the article:
“I went from making $15 an hour as a chef to $1 a day in the kitchen in lockup,” said Pedro Guzmán, 34, who had worked for restaurants in California, Minnesota and North Carolina before he was picked up and held for about 19 months, mostly at Stewart Detention Center in Lumpkin, Ga. “And I was in the country legally.”
Mr. Guzmán said that he had been required to work even when he was running a fever, that guards had threatened him with solitary confinement if he was late for his 2 a.m. shift, and that his family had incurred more than $75,000 in debt from legal fees and lost income during his detention. A Guatemalan native, he was released in 2011 after the courts renewed his visa, which had mistakenly been revoked, in part because of a clerical error.
Well, since prisoner “cheap” labor is saving the tax payer and the private prison corporations so much money, it must be loved by the Democrats and the Republicans. Clerical errors do happen, and Human Rights can be such a bore.
HOUSTON — The kitchen of the detention center here was bustling as a dozen immigrants boiled beans and grilled hot dogs, preparing lunch for about 900 other detainees. Elsewhere, guards stood sentry and managers took head counts, but the detainees were doing most of the work — mopping bathroom stalls, folding linens, stocking commissary shelves.
As the federal government cracks down on immigrants in the country illegally and forbids businesses to hire them, it is relying on tens of thousands of those immigrants each year to provide essential labor — usually for $1 a day or less — at the detention centers where they are held when caught by the authorities.
This work program is facing increasing resistance from detainees and criticism from immigrant advocates. In April, a lawsuit accused immigration authorities in Tacoma, Wash., of putting detainees in solitary confinement after they staged a work stoppage and hunger strike. In Houston, guards pressed other immigrants to cover shifts left vacant by detainees who refused to work in the kitchen, according to immigrants interviewed here.
The federal authorities say the program is voluntary, legal and a cost-saver for taxpayers. But immigrant advocates question whether it is truly voluntary or lawful, and argue that the government and the private prison companies that run many of the detention centers are bending the rules to convert a captive population into a self-contained labor force.
Last year, at least 60,000 immigrants worked in the federal government’s nationwide patchwork of detention centers — more than worked for any other single employer in the country, according to data from United States Immigration and Customs Enforcement, known as ICE. The cheap labor, 13 cents an hour, saves the government and the private companies $40 million or more a year by allowing them to avoid paying outside contractors the $7.25 federal minimum wage. Some immigrants held at county jails work for free, or are paid with sodas or candy bars, while also providing services like meal preparation for other government institutions.
Unlike inmates convicted of crimes, who often participate in prison work programs and forfeit their rights to many wage protections, these immigrants are civil detainees placed in holding centers, most of them awaiting hearings to determine their legal status. Roughly half of the people who appear before immigration courts are ultimately permitted to stay in the United States — often because they were here legally, because they made a compelling humanitarian argument to a judge or because federal authorities decided not to pursue the case.
“I went from making $15 an hour as a chef to $1 a day in the kitchen in lockup,” said Pedro Guzmán, 34, who had worked for restaurants in California, Minnesota and North Carolina before he was picked up and held for about 19 months, mostly at Stewart Detention Center in Lumpkin, Ga. “And I was in the country legally.”
Mr. Guzmán said that he had been required to work even when he was running a fever, that guards had threatened him with solitary confinement if he was late for his 2 a.m. shift, and that his family had incurred more than $75,000 in debt from legal fees and lost income during his detention. A Guatemalan native, he was released in 2011 after the courts renewed his visa, which had mistakenly been revoked, in part because of a clerical error. He has since been granted permanent residency.
Claims of Exploitation
Officials at private prison companies declined to speak about their use of immigrant detainees, except to say that it was legal. Federal officials said the work helped with morale and discipline and cut expenses in a detention system that costs more than $2 billion a year.
“The program allows detainees to feel productive and contribute to the orderly operation of detention facilities,” said Gillian M. Christensen, a spokeswoman for the immigration agency. Detainees in the program are not officially employees, she said, and their payments are stipends, not wages. No one is forced to participate, she added, and there are usually more volunteers than jobs.
Marian Martins, 49, who was picked up by ICE officers in 2009 for overstaying her visa and sent to Etowah County Detention Center in Gadsden, Ala., said work had been her only ticket out of lockdown, where she was placed when she arrived without ever being told why.
Ms. Martins said she had worked most days cooking meals, scrubbing showers and buffing hallways. Her only compensation was extra free time outside or in a recreational room, where she could mingle with other detainees, watch television or read, she said.
“People fight for that work,” said Ms. Martins, who has no criminal history. “I was always nervous about being fired, because I needed the free time.”
Ms. Martins fled Liberia during the civil war there and entered the United States on a visitor visa in 1990. She stayed and raised three children, all of whom are American citizens, including two sons in the Air Force. Because of her deteriorating health, she was released from detention in August 2010 with an electronic ankle bracelet while awaiting a final determination of her legal status.
Natalie Barton, a spokeswoman for the Etowah detention center, declined to comment on Ms. Martins’s claims but said that all work done on site by detained immigrants was unpaid, and that the center complied with all local and federal rules.
The compensation rules at detention facilities are remnants of a bygone era. A 1950 law created the federal Voluntary Work Program and set the pay rate at a time when $1 went much further. (The equivalent would be about $9.80 today.) Congress last reviewed the rate in 1979 and opted not to raise it. It was later challenged in a lawsuit under the Fair Labor Standards Act, which sets workplace rules, but in 1990 an appellate court upheld the rate, saying that “alien detainees are not government ‘employees.’ ”
Immigrants in holding centers may be in the country illegally, but they may also be asylum seekers, permanent residents or American citizens whose documentation is questioned by the authorities. On any given day, about 5,500 detainees out of the 30,000-plus average daily population work for $1, in 55 of the roughly 250 detention facilities used by ICE. Local governments operate 21 of the programs, and private companies run the rest, agency officials said.
These detainees are typically compensated with credits toward food, toiletries and phone calls that they say are sold at inflated prices. (They can collect cash when they leave if they have not used all their credits.) “They’re making money on us while we work for them,” said Jose Moreno Olmedo, 25, a Mexican immigrant who participated in the hunger strike at the Tacoma holding center and was released on bond from the center in March. “Then they’re making even more money on us when we buy from them at the commissary.”
A Legal Gray Area
Some advocates for immigrants express doubts about the legality of the work program, saying the government and contractors are exploiting a legal gray area.
Jacqueline Stevens, a professor of political science at Northwestern University, said she believed the program violated the 13th Amendment, which abolished slavery and involuntary servitude except as punishment for crime. “By law, firms contracting with the federal government are supposed to match or increase local wages, not commit wage theft,” she said.
Immigration officials underestimate the number of immigrants involved and the hours they work, Professor Stevens added. Based on extrapolations from ICE contracts she has reviewed, she said, more than 135,000 immigrants a year may be involved, and private prison companies and the government may be avoiding paying more than $200 million in wages that outside employers would collect.
A 2012 report by the A.C.L.U. Foundation of Georgia described immigrants’ being threatened with solitary confinement if they refused certain work. Also, detainees said instructions about the program’s voluntary nature were sometimes given in English even though most of the immigrants do not speak the language.
Eduardo Zuñiga, 36, spent about six months in 2011 at the Stewart Detention Center in Georgia, awaiting deportation to Mexico. He had been detained after being stopped at a roadblock in the Atlanta area because he did not have a driver’s license and because his record showed a decade-old drug conviction for which he had received probation.
Gary Mead, who was a top ICE administrator until last year, said the agency scrutinized contract bids from private companies to ensure that they did not overestimate how much they could depend on detainees to run the centers.
Detainees cannot work more than 40 hours a week or eight hours a day, according to the agency. They are limited to work that directly contributes to the operation of their detention facility, said Ms. Christensen, the agency spokeswoman, and are not supposed to provide services or make goods for the outside market.
But that rule does not appear to be strictly enforced.
At the Joe Corley Detention Facility north of Houston, about 140 immigrant detainees prepare about 7,000 meals a day, half of which are shipped to the nearby Montgomery County jail. Pablo E. Paez, a spokesman for the GEO Group, which runs the center, said his company had taken it over from the county in 2013 and was working to end the outside meal program.
Near San Francisco, at the Contra Costa West County Detention Facility, immigrants work alongside criminal inmates to cook about 900 meals a day that are packaged and trucked to a county homeless shelter and nearby jails.
A Booming Business
While President Obama has called for an overhaul of immigration law, his administration has deported people — roughly two million in the last five years — at a faster pace than any of his predecessors. The administration says the sharp rise in the number of detainees has been partly driven by a requirement from Congress that ICE fill a daily quota of more than 30,000 beds in detention facilities. The typical stay is about a month, though some detainees are held much longer, sometimes for years.
Detention centers are low-margin businesses, where every cent counts, said Clayton J. Mosher, a professor of sociology at Washington State University, Vancouver, who specializes in the economics of prisons. Two private prison companies, the Corrections Corporation of America and the GEO Group, control most of the immigrant detention market. Many such companies struggled in the late 1990s amid a glut of private prison construction, with more facilities built than could be filled, but a spike in immigrant detention after Sept. 11 helped revitalize the industry.
The Corrections Corporation of America’s revenue, for example, rose more than 60 percent over the last decade, and its stock price climbed to more than $30 from less than $3. Last year, the company made $301 million in net income and the GEO Group made $115 million, according to earnings reports.
Prison companies are not the only beneficiaries of immigrant labor. About 5 percent of immigrants who work are unpaid, ICE data show. Sheriff Richard K. Jones of Butler County, Ohio, said his county saved at least $200,000 to $300,000 a year by relying on about 40 detainees each month for janitorial work. “All I know is it’s a lot of money saved,” he said.
Mark Krikorian, executive director of the Center for Immigration Studies, an advocacy group that promotes greater controls on immigration, said that with proper monitoring, the program had its advantages, and that the criticisms of it were part of a larger effort to delegitimize immigration detention.
Some immigrants said they appreciated the chance to work. Minsu Jeon, 23, a South Korean native who was freed in January after a monthlong stay at an immigration detention center in Ocilla, Ga., said that while he thought the pay was unfair, working as a cook helped pass the time.
“They don’t feed you that much,” he added, “but you could eat food if you worked in the kitchen.”
Qatar’s World Cup Spectacle Brought to You by Slavery November 23, 2013Posted by rogerhollander in Labor, Qatar, Sports.
Tags: 2022 world cup, construction workers, fifa, labor, michelle chen, qatar, qatar labor, qatar world cup, slave labor, soccer, sports, teex, texas a&m, worker rights, world cup, world cup facilities
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The big controversies surrounding Qatar as the site of the 2022 World Cup have been the shady bidding process and fears that the desert heat will ruin the soccer games. But in the past few days, the spotlight has finally begun to move to longstanding concerns over the treatment of the migrant workers who will be building the physical infrastructure for the sporting bonanza.
Throughout the summer, according to an investigation by Amnesty International [PDF] released this week, the future site of the sporting spectacle became a death trap for the Asian workers brought in by Qatar and its booming construction industry to work on the building sites of the planned World Cup facilities, including commercial areas and transportation infrastructure.
Amnesty found that the workers were encamped in sweltering heat, fell from precarious heights and suffered heart failure under the strenuous labor conditions. One Nepalese official described the entire system of indenture as an “open prison,” according to Der Spiegel. In light of dozens of reported deaths, union activists predict that up to 4,000 may die on the sites between now and the 2022 games.
Through interviews with the World Cup construction workers, the Amnesty investigators gathered horrific stories of an array of abuses, including “not being paid for six or nine months; not being able to get out of the country; not having enough—or any—food; and being housed in very poor accommodation with poor sanitation, or no electricity.”
Workers testified that migrants were frequently forced to work for poverty-level wages or sometimes none at all. Often, they said, employers confiscated their identification documents, effectively holding them hostage out of fear of being detained for lacking papers.
Unfortunately, while horrific, these stories are far from unique in Qatar. More than 90 percent of the labor that fuels the country’s oil-slicked economy is imported, typically brought in by recruiters from South Asian countries. Not only are these migrant workers non-citizens; in the eyes of their employers, they are barely human. They live in barbaric, squalid dormitories, their movement restricted, invisible under Qatari law and cut off from their home communities.
Under the transnational migrant “sponsorship” system, according to Amnesty, workers were drawn into the labor trade by recruiting agents who falsely advertised decent, high-paying work abroad–sometimes taking on heavy debt to secure a job. The byzantine residence permit system further disenfranchises workers. When employers illegally fail to arrange permits for workers, as was frequently the case in the shadowy migrant labor market, they generally cannot return home without paying extremely heavy fines. The restrictions on migrant workers’ movement mean that “rather than protecting the rights of migrant workers, the government is adding to their exploitation,” Amnesty contends.
Underlying the whole system are fundamentally weak protections for labor organizing on the part of Qataris and migrants alike, as well as prohibitions on migrants forming trade unions. The lack of organization among workers means many migrants remain in the dark about their labor rights. One Nepalese worker explained to Amnesty, “There are many workers who keep working like donkeys, without asking a question. They don’t understand what is legally our entitlements, what our rights are.”
Some have tried to challenge employers. According to the report, the Labour Ministry and the courts have each received thousands of worker complaints, many related to basic wage and hour and other labor issues. But due to fear of retaliation and the difficulty non-Qataris face in navigating the justice system, most aggrieved workers, according to investigators, probably do not go through with the complaint process in the first place.
One worker with the U.S.-based electro-mechanical engineering contractor Krantz Engineering wrote in a desperate letter to Amnesty in April 2013 about his lack of legal recourse for his abuse:
I am writing this email after lots of pain and struggle … I have complained in several places like Labour court, Indian Embassy, High court, CID and National Human Rights Council Qatar but no any positive response from anyone of them … I don’t have money to eat food from last five days as I didn’t get salary from last nine months.
Not all of the employers using this labor are Qatar-based—the report linked multinationals such as Hyundai Engineering and Construction and OHL Construction to the subcontractors building the World Cup-related facilities. In the case of Krantz, Amnesty discovered that one of the company’s subcontractors was receiving technical training from a company called TEEX, which is affiliated with Texas A&M University. When questioned by Amnesty about the treatment of migrants, Texas A&M argued the firm “does not have any role in the management and supervision of the labor force at the facility.”
Amid international criticism from Amnesty and other organizations like the UN, Qatar’s 2022 Supreme Committee, a managing body for the preparation for the games, has vowed to address the reported abuses, and FIFA has issued similar comments. In a formal response to the Guardian published in September, the committee cited numerous labor protections available to migrants, including restrictions on passport confiscation.
But Sharran Burrow of the International Trade Union Confederation tells Working In These Times via email she is unconvinced by Qatar’s promises. “Qatar continues to announce that it will reform the visa sponsorship system, yet nothing changes,” she says. In the wake of mounting criticism over the human rights issues surrounding the event, she adds, “Unless Qatar reforms its ways, FIFA should re-run the vote for the 2022 World Cup.”
There is also a question of who is directly responsible for regulating labor issues. Amnesty’s report focused on infrastructure construction related to the World Cup but not just the stadium itself—including transportation and supporting commercial facilities. In any case, the primarily responsibility, argue human rights advocates, lies with Qatar to reform its overall labor laws and to tighten oversight of private sector labor practices, particularly for international-sporting projects aimed at creating a global commercial spectacle.
This is not the first time FIFA has come under political pressure; earlier this year, populist protests erupted over the lavish costs of the preparations for the 2014 Brazil World Cup. Though FIFA generally urges host countries to comply with international human rights, the World Cup is notorious for inducing local labor violations. For example, labor activists have condemned FIFA for not taking strong enough action against Russia’s temporary suspension of key labor protections for the migrant workers at the building sites for the 2018 World Cup.
The human rights crises haunting World Cup stadiums reveal global sport’s economic realities: the commercial spectacle that brings the world together is built on vast inequalities.
Walmart’s Forced Labor: We Feel Like We Are Slaves June 20, 2012Posted by rogerhollander in Labor.
Tags: abby zimet, Goldman Sachs, guestworker, labor, labour, roger hollander, slave labor, unions, wal-mart, walmart
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by Abby Zimet
How does Walmart keep its prices so low? The so-called guest workers from Mexico who peel crawfish at a Louisiana seafood supplier for Wal-Mart know: They are locked inside the plant, forced to work 24-hour shifts, cursed and threatened with beatings by shovel if they fail to make their quota, and endure constant surveillance at their nearby trailers from a boss who warns them, “You don’t want to know me as an enemy.” Having gone on strike from C.J.’s Seafood and filed federal complaints, they head to New York today to protest Wal-Mart, its subsidiaries and related boards – including Goldman Sachs – at their corporate headquarters and homes. Brought to you by the feisty National Guestworker Alliance.
Private Prison Corporations Are Slave Traders May 4, 2012Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Labor, Race, Racism.
Tags: black incarceation, corrections, corrections corporation, crime, glen ford, mass incarceration, prisons, privatization, Race, racism, roger hollander, slave labor
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A Black Agenda Radio commentary by Glen Ford
Crime has been going down for nearly a generation, and the states have finally put the brakes on prison growth in response to the fiscal crunch. But Wall Street prison profiteers see the crisis as an opportunity. The Corrections Corporation of America has offered to buy nearly all the nation’s state prisons. “To ensure their profitability, the corporation insists that it be guaranteed that the prisons be kept at least 90 percent full.”
Private Prison Corporations Are Slave Traders
A Black Agenda Radio commentary by Glen Ford
“The Corrections Corporation of America believes the economic crisis has created an historic opportunity to become the landlord, as well as the manager, of a big chunk of the American prison gulag.”
The nation’s largest private prison company, the Corrections Corporation of America, is on a buying spree. With a war chest of $250 million, the corporation, which is listed on the New York Stock Exchange, this month sent letters to 48 states, offering to buy their prisons outright. To ensure their profitability, the corporation insists that it be guaranteed that the prisons be kept at least 90 percent full. Plus, the corporate jailers demand a 20-year management contract, on top of the profits they expect to extract by spending less money per prisoner.
For the last two years, the number of inmates held in state prisons has declined slightly, largely because the states are short on money. Crime, of course, has declined dramatically in the last 20 years, but that has never dampened the states’ appetites for warehousing ever more Black and brown bodies, and the federal prison system is still growing. However, the CorrectionsCorporation of America believes the economic crisis has created an historic opportunity to become the landlord, as well as the manager, of a big chunk of the American prison gulag.
The attempted prison grab is also defensive in nature. If private companies can gain both ownership and management of enough prisons, they can set the prices without open-bid competition for prison services, creating a guaranteed cost-plus monopoly like that which exists between the Pentagon and the military-industrial complex.
“If private companies are allowed to own the deeds to prisons, they are a big step closer to owning the people inside them.”
But, for a better analogy, we must go back to the American slave system, a thoroughly capitalist enterprise that reduced human beings to units of labor and sale. The Corrections Corporation of America’s filings with the U.S. Securities and Exchange Commission read very much like the documents of a slave-trader. Investors are warned that profits would go down if the demand for prisoners declines. That is, if the world’s largest police state shrinks, so does the corporate bottom line. Dangers to profitability include “relaxation of enforcement efforts, leniency in conviction or parole standards and sentencing practices or through the decriminalization of certain activities that are currently proscribed by our criminal laws.” The corporation spells it out: “any changes with respect to drugs and controlled substances or illegal immigration could affect the number of persons arrested, convicted, and sentenced, thereby potentially reducing demand for correctional facilities to house them.” At the Corrections Corporation of America, human freedom is a dirty word.
But, there is something even more horrifying than the moral turpitude of the prison capitalists. If private companies are allowed to own the deeds to prisons, they are a big step closer to owning the people inside them. Many of the same politicians that created the system of mass Black incarceration over the past 40 years, would gladly hand over to private parties all responsibility for the human rights of inmates. The question of inmates’ rights is hardly raised in the debate over prison privatization. This is a dialogue steeped in slavery and racial oppression. Just as the old slave markets were abolished, so must the Black American Gulag be dismantled – with no compensation to those who traffic in human beings.
For Black Agenda Radio, I’m Glen Ford. On the web, go to BlackAgendaReport.com.
BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
The Tomatoes of Wrath September 26, 2011Posted by rogerhollander in Agriculture, Human Rights, Immigration, Labor.
Tags: agricultural industry, agricultural workers, agriculture, chris hedges, ciw, collective bargaining, fair food, farmworkers, fieldworkers, florida labor, florida tomatoes, immigrant workers, immokalee, labor, labor standards, publix, roger hollander, slave labor, trader joe's, whole foods
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It is 6 a.m. in the parking lot outside the La Fiesta supermarket in Immokalee, Fla. Rodrigo Ortiz, a 26-year-old farmworker, waits forlornly in the half light for work in the tomato fields. White-painted school buses with logos such as “P. Cardenas Harvesting” are slowly filling with fieldworkers. Knots of men and a few women, speaking softly in Spanish and Creole, are clustered on the asphalt or seated at a few picnic tables waiting for crew leaders to herd them onto the buses, some of which will travel two hours to fields. Roosters are crowing as the first light of dawn rises over the cacophony. Men shovel ice into 10-gallon plastic containers from an ice maker next to the supermarket, which opens at 3:30 a.m. to sell tacos and other food to the workers. The containers—which they lug to pickup trucks—provide water for the pickers in the sweltering, humid fields where temperatures soar to 90 degrees and above.
(Illustration by Mr. Fish)
Ortiz, a short man in a tattered baseball cap and soiled black pants that are too long and spill over the tops of his worn canvas sneakers, is not fortunate this day. By 7 a.m. the last buses leave without him. He heads back to the overcrowded trailer he shares with several other men. There are always workers left behind at these predawn pickup sites where hundreds congregate in the hopes of getting work. Nearly 90 percent of the workers are young, single immigrant men, and at least half lack proper documents or authorization to work in the United States.
Harvesting tomatoes is an endeavor that comes with erratic and unpredictable hours, weeks with overtime and weeks with little to do and no guarantees about wages. Once it starts to rain, workers are packed back onto the buses and sent home, their workday abruptly at an end. Ortiz and the other laborers congregate at the pickup points every morning never sure if there will be work. And when they do find daywork they are paid only for what they pick.
“I only had three days of work this week,” Ortiz says mournfully. “I don’t know how I will pay my rent.”
Ortiz, who along with many others among these migrant workers sends about $100 home to Mexico every month to support elderly parents, works under conditions in these fields that replicates medieval serfdom and at times descends into outright slavery. He lives far below the poverty line. He has no job security, no workers’ compensation, no disability insurance, no paid time off, no access to medical care, Social Security, Medicaid or food stamps and no protection from the abusive conditions in the fields. The agricultural industry has a death rate nearly six times higher than most other industries, and the Environmental Protection Agency estimates that of the 2 million farmworkers in the United States 300,000 suffer pesticide poisoning every year.
“We are standing on the threshold of achieving significant change in the agricultural industry,” Marc Rodrigues, with the Student/Farmworker Alliance, tells me later in the day at the CIW office in Immokalee. “But if the supermarkets do not participate and support it then it will not go any further. Their lack of participation threatens to undermine what the workers and their allies have accomplished. They represent a tremendous amount of tomato purchasing. They wield a lot of influence over conditions in the field. For those growers not enamored of the concept of workers attaining rights and being treated with dignity, they will know that there is always a market for their tomatoes with no questions asked, where nothing is governed by a code of conduct or transparency. If we succeed, this will help lift farmworkers, who do one of the most important, dangerous and undervalued jobs in our society, out of grinding poverty into one where they can have a slightly more decent and normal life and provide for their families.”
The next major mobilization in the campaign will take place at noon Oct. 21 outside Trader Joe’s corporate headquarters in Monrovia, Calif. This will follow a week of local actions to target supermarkets across the country. To thwart the campaign, the public relations departments of Trader Joe’s, Publix and other supermarkets are churning out lies and half truths, as well as engaging in unsettling acts of intimidation and surveillance. Publix sent out an employee posing as a documentary filmmaker to record the activities of the organizers.
“Publix has a cabal of labor relations, human relations and public relations employees who very frequently descend from corporate headquarters in Lakeland, Fla.—or one of their regional offices—and show up at our demonstrations,” says Rodrigues. “They watch us with or without cameras. They constantly attempt to deflect us: If we attempt to speak to consumers or store managers these people will intercept us and try to guide us away. These people in suits and ties come up to us and refer to us by our first names—as if they know us—in a sort of bizarre, naked attempt at intimidation.”
If you live in a community that has a Whole Foods, which is the only major supermarket chain to sign the agreement, shop there and send a letter to competing supermarkets telling them that you will not return as a customer until they too sign the CIW Fair Food Agreement. Details about planned protests around the country can be found on the CIW website.
Workers in the fields earn about 50 cents for picking a bucket containing 32 pounds of tomatoes. These workers make only $10,000 to $12,000 a year, much of which they send home. The $10,000-$12,000 range, because it includes the higher pay of supervisors, means the real wages of the pickers are usually less than $10,000 a year. Wages have remained stagnant since 1980. A worker must pick 2.25 tons of tomatoes to make minimum wage during one of the grueling 10-hour workdays. This is twice what they had to pick 30 years ago for the same amount of money. Most workers pick about 150 buckets a day. And these workers have been rendered powerless by law. In Florida, collective bargaining is illegal, one of the legacies of Jim Crow practices designed to keep blacks poor and disempowered. Today the ban on collective bargaining serves the same purpose in thwarting the organizing efforts of the some 30,000 Hispanic, Mayan and Haitian agricultural laborers who plant and harvest 30,000 acres of tomatoes.
The CIW, which organized a nationwide boycott in 2001 against Taco Bell, forced several major fast food chains including Yum Brands, McDonald’s, Burger King, Subway, Whole Foods Market, Compass Group, Bon Appétit Management Co., Aramark and Sodexo to sign the agreement, which demands more humane labor standards from their Florida tomato suppliers and an increase of a penny per bucket. But if the major supermarkets too do not sign this agreement, growers who verbally, sexually and physically abuse workers will be able to continue selling tomatoes to the supermarkets. This could leave at least half of all the fields without protection, making uniform enforcement of the agreement throughout the fields difficult if not impossible.
“Supply chains are very opaque and secretive,” says Gerardo Reyes, a farmworker and CIW staff member. “This is one of the reasons a lot of these abuses continue. The corporations can always feign that they did not know the abuses were happening or that they had any responsibility for them as long as there is no transparency or accountability.”
One of the most celebrated modern cases of fieldworker slavery was uncovered in November 2007 after three workers escaped from a box truck in which they had been locked. They and 12 others had been held as slaves for two and a half years. They had to relieve themselves in a corner of the truck at night and pay five dollars if they wanted to bathe with a garden hose. They were routinely beaten. Some were chained to poles at times. During the days they worked on some of the largest farms in Florida. It was the seventh such documented case of slavery in a decade.
“As long as the supermarket industry refuses to sign this agreement it gives the growers an escape,” says Reyes. “We need to bring the pressure of more buyers who will sign the agreement to protect the workers. We have gotten all of the major corporations within the fast food industry and food providers to sign this agreement. Two of the three most important buyers within the industry are on board. But if these supermarkets continue to hold out they can put all the mechanisms we have set in place for control at risk. If Wal-Mart, Trader Joe’s and other supermarkets say the only criteria is buying from those growers who offer the lowest possible price then we will not be able to curb abuses. If the agreement is in place and there is another case of slavery then the growers will be put in a penalty box. If we do not have the ability to impose penalties then there will always be a way for abusive growers to sell. The agreement calls on these corporations to stop buying from growers, for example, that use slave labor. Without the agreement there is no check on these practices.”
“Supermarkets, such as Trader Joe’s, insist they are responsible and fair,” Reyes goes on. “They use their public relations to present themselves as a good corporation. They sell this idea of fairness, this disguise. They use this more sophisticated public relations campaign, one that presents them as a friend of workers, while at the same time locking workers out of the discussion and kicking us out of the room. They want business as usual. They do not want people to question how their profits are created. We have to fight not only them but this sophisticated public relations tactic. We are on the verge of a systemic change, but corporations like Trader Joe’s are using all their power to push us back.”
Members and supporters of the Coalition of Immokalee Workers will march from a Trader Joe’s store at 604 W. Huntington Dr. in Monrovia, Calif., to the market chain’s headquarter a mile away, starting at noon Oct. 21. The farmworkers organization is demanding that Trader Joe’s support the human rights of the men and women who harvest tomatoes sold in its stores. For more information, click here, send an email to firstname.lastname@example.org or telephone (510) 725-8752 begin_of_the_skype_highlighting (510) 725-8752 end_of_the_skype_highlighting.
Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America. His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.
Hershey’s ‘No Charlie’s Chocolate Factory’ August 23, 2011Posted by rogerhollander in Human Rights, Immigration, Labor.
Tags: boycott, chocolate factory, cultural exchange, exel, foreign workers, guestworker, guestworker alliance, hershey chocolate, immigrants, jon swaine, labor, roger hollander, slave labor, unfari labor, working conditions
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NEW YORK – It sounded like the perfect summer job.
Anger … a student protests against the working conditions at a Hershey’s factory. (Photo: AP)
Students from China, Africa and eastern Europe would work in a Hershey’s chocolate plant before using their earnings to travel the US and learn English.
“We have all seen Charlie’s chocolate factory,” said one student, 19-year-old Harika Duygu Ozer. Another said: “I thought we would see America like in movies.”
The factory, in Palmyra, Pennsylvania, did not live up to Roald Dahl’s thrilling world of chocolate waterfalls and infinite treats, however.
The 400 students, who each paid up to $US5940 ($5700) to join the State department’s cultural exchange scheme, claimed they were forced to become “captive workers”.
Shifts, often at night, consisted of lifting dozens of heavy boxes, trying to control fast-moving production lines, they said.
“They don’t care if you are small, you don’t have the power, you didn’t eat – they just care about their production,” one of the students said.
A spokesman for the National Guestworker Alliance, which is backing the group, said: “They were warned to stop complaining or they would be kicked out.”
The students walked out last week in protest at their conditions and pay, which after deductions and rent charges allegedly amounted to between $US40 and $US140 for 40 hours of work per week. They marched with dozens of supporters through Hershey itself.
Hershey said the plant was run by Exel, a logistics company. Exel said temporary workers were overseen by a third company, and that it had been told to stop hiring students from the scheme. It said students were informed of likely working conditions.
Tags: chain gangs, cheap labor, incarceration rates, labor, labour, modern day slavery, prison industrial complex, prison labor, prison population, prisoners, racism, rania khalek, slave labor, slavery, unicor, us prisons
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strategy in the eternal quest to maximize profit.
are able to get away with paying them wages that rival those of third-world
sweatshops. These laborers have been legally stripped of their
political, economic and social rights and ultimately relegated to second-class
citizens. They are banned from unionizing, violently silenced from
speaking out and forced to work for little to no wages. This
marginalization renders them practically invisible, as they are kept hidden from
society with no available recourse to improve their circumstances or change
They are the 2.3 million American prisoners locked behind bars where we
cannot see or hear them. And they are modern-day slaves of the
It’s no secret that America imprisons more of its citizens than any other
nation in history. With just 5 percent of the world’s population,
the US currently holds 25 percent of the world’s prisoners. In 2008,
over 2.3 million Americans were in prison or jail, with one of every 48
working-age men behind bars. That doesn’t include the tens of
thousands of detained undocumented immigrants facing deportation, prisoners
awaiting sentencing, or juveniles caught up in the school-to-prison
pipeline. Perhaps it’s reassuring to some that the US still holds
the number one title in at least one arena, but needless to say the
hyper-incarceration plaguing America has had a damaging effect on society at
According to a study by the Center for Economic and Policy
Research (CEPR), US prison rates are not just excessive in comparison to the
rest of the world, they are also substantially higher than our own longstanding
history. The study finds that incarceration rates between 1880 and
1970 ranged from about 100 to 200 prisoners per 100,000
people. After 1980, the inmate population began to grow much more
rapidly than the overall population and the rate climbed from about 220 in 1980
to 458 in 1990, 683 in 2000, and 753 in 2008.
The costs of this incarceration industry are far from evenly distributed,
with the impact of excessive incarceration falling predominantly on
African-American communities. Although black people make up just 13
percent of the overall population, they account for 40 percent of US prisoners. According to the Bureau of Justice Statistics (BJS), black
males are incarcerated at a rate more than 6.5 times that of white males and 2.5
that of Hispanic males and black females are incarcerated at approximately three
times the rate of white females and twice that of Hispanic females.
Michelle Alexander points out in her book The New Jim Crow that more black men are in jail, on probation, or on parole than were
enslaved in 1850. Higher rates of black drug arrests do not reflect higher rates
of black drug offenses. In fact, whites and blacks engage in drug offenses,
possession and sales at roughly comparable rates.
Clearly, the US prison system is riddled with racism and classism, but it
gets worse. As it turns out, private companies have a cheap, easy labor market,
and it isn’t in China, Indonesia, Haiti, or Mexico. It’s right here
in the land of the free, where large corporations increasingly employ prisoners
as a source of cheap and sometimes free labor.
In the eyes of the corporation, inmate labor is a brilliant strategy in the
eternal quest to maximize profit. By dipping into the prison labor
pool, companies have their pick of workers who are not only cheap but easily
controlled. Companies are free to avoid providing benefits like
health insurance or sick days, while simultaneously paying little to no
wages. They don’t need to worry about unions or demands for
vacation time or raises. Inmate workers are full-time and never
late or absent because of family problems.
If they refuse to work, they are moved to disciplinary housing and lose
canteen privileges along with “good time” credit that reduces their
sentences. To top it off, the federal government subsidizes the use
of inmate labor by private companies through lucrative tax write-offs. Under
the Work Opportunity Tax Credit (WOTC), private-sector employers
earn a tax credit of $2,400 for every work release inmate they employ as a
reward for hiring “risky target groups” and they can earn back up to 40 percent
of the wages they pay annually to “target group workers.”
Study after study demonstrates the wastefulness of America’s
prison-industrial complex, in both taxpayer dollars and innocent lives, yet
rolling back imprisonment rates is proving to be more challenging than ever.
Meanwhile, the use of private
prisons and now privately contracted inmate labor has created a system that does
not exactly incentivize leaner sentencing.
implications of such a system mean that skyrocketing imprisonment for the
possession of miniscule amounts of marijuana and the the expansion
of severe mandatory sentencing laws regardless of the conviction, are policies
that have to potential to increase corporate profits. As are
the“three strikes laws” that require courts to hand down mandatory and
extended sentences to people who have been convicted of felonies on three or
more separate occasions. People have literally been sentenced to life for minor crimes like
Reinvention of Slavery
The exploitation of prison labor is by no means a new
phenomenon. Jaron Browne, an organizer with People Organized
to Win Employment Rights (POWER), maps out how the exploitation of
prison labor in America is rooted in
slavery. The abolition of slavery dealt a devastating economic
blow to the South following the loss of free labor after the Civil
War. So in the late 19th century, an extensive prison system was
created in the South in order to maintain the racial and economic relationship
of slavery, a mechanism responsible for re-enslaving black
workers. Browne describes Louisiana’s famous Angola Prison to
illustrate the intentional transformation from slave to inmate:
“In 1880, this 8000-acre family plantation was purchased by the state of
Louisiana and converted into a prison. Slave quarters became cell units. Now
expanded to 18,000 acres, the Angola plantation is tilled by prisoners working
the land—a chilling picture of modern day chattel slavery.”
The abolition of slavery quickly gave rise to the Black Codes and Convict
Leasing, which together worked wonders at perpetuating African American
servitude by exploiting a loophole in the 13th Amendment to the US Constitution, which reads:
“Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.”
The Black Codes were a set of laws that criminalized legal activity for
African Americans and provided a pretext for the arrest and mass imprisonment of
newly freed blacks, which caused the percentage of African Americans in prison
to surpass whites for the first time. Convict
leasing involved leasing out prisoners to private companies that paid the state
a certain fee in return. Convicts worked for the companies during
the day outside the prison and returned to their cells at
night. The system provided revenue for the state and profits for
plantation owners and wasn’t abolished until the 1930s.
Unfortunately, convict leasing was quickly replaced with equally despicable
state-run chain gangs. Once again, stories of vicious abuse created
enough public anger to abolish chain gangs by the
1950s. Nevertheless, the systems of prisoner exploitation never
Today’s corporations can lease factories in prisons, as well as lease
prisoners out to their factories. In many cases, private
corporations are running prisons-for-profit, further incentivizing their stake
in locking people up. The government is profiting as well, by
running prison factories that operate as multibillion-dollar industries in every
state, and throughout the federal prison system, where prisoners are contracted out to major corporations by the
In the most extreme cases, we are even witnessing the reemergence of the
chain gang. In Arizona, the self-proclaimed “toughest sheriff in
America,” Joe Arpaio, requires his Maricopa County inmates to enroll in chain gangs to perform various community services or
face lockdown with three other inmates in an 8-by-12-foot cell, for 23 hours a
day. In June of this year, Arpaio started a female-only chain gang made up of women convicted of
driving under the influence. In a press release he boasted that the
inmates would be wearing pink T-shirts emblazoned with messages about drinking
The modern-day version of convict leasing was recently spotted in Georgia,
where Governor Nathan Deal proposed sending unemployed probationers to work in Georgia’s
fields as a solution to a perceived labor shortage following the passage of the
country’s most draconian anti-immigrant law. But his plan backfired when some of the probationers began walking off
their jobs because the fieldwork was too strenuous.
There has also been a disturbing reemergence of the debtors’ prison, which
should serve as an ominous sign of our dangerous reliance on prisons to manage
any and all of society’s problems. According to the Wall Street Journal more than a third of all U.S. states allow
borrowers who can’t or won’t pay to be jailed. They found that judges signed off
on more than 5,000 such warrants since the start of 2010 in nine
counties. It appears that any act that can be criminalized in the
era of private prisons and inmate labor will certainly end in jail time, further
increasing the ranks of the captive workforce.
Prior to the 1970s, private corporations were prohibited from using prison
labor as a result of the chain gang and convict leasing
scandals. But in 1979, Congress began a process of deregulation to restore private sector involvement
in prison industries to its former status, provided certain conditions of the
labor market were met. Over the last 30 years, at least
37 states have enacted laws permitting the use of convict labor by private
enterprise, with an average pay of $0.93 to $4.73 per day.
Federal prisoners receive more generous wages that range
from $0.23 to $1.25 per hour, and are employed by Unicor, a wholly owned
government corporation established by Congress in 1934. Its
principal customer is the Department of Defense, from which Unicor derives
percent of its sales. Some 21,836 inmates work in Unicor programs. Subsequently,
the nation’s prison industry – prison labor programs producing goods or services
sold to other government agencies or to the private sector — now
employs more people
than any Fortune 500 company (besides General Motors), and
generates about $2.4 billion in revenue annually. Noah Zatz of UCLA law school estimates that:
“Well over 600,000, and probably close to a million, inmates are working
full-time in jails and prisons throughout the United States. Perhaps some of
them built your desk chair: office furniture, especially in state universities
and the federal government, is a major prison labor product. Inmates also take
hotel reservations at corporate call centers, make body armor for the U.S.
military, and manufacture prison chic fashion accessories, in addition to the
iconic task of stamping license plates.”
Some of the largest and most powerful corporations have a stake in the
expansion of the prison labor market, including but not limited to IBM, Boeing,
Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq,
Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern
Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and
many more. Between 1980 and 1994 alone, profits went up from $392 million to $1.31 billion. Since the
prison labor force has likely grown since then, it is safe to assume that the
profits accrued from the use of prison labor have reached even higher levels.
In an article for Mother Jones, Caroline Winter details a
number of mega-corporations that have profited off of inmates:
“In the 1990s, subcontractor Third Generation hired 35 female
South Carolina inmates to sew lingerie and leisure wear for Victoria’s
Secret and JCPenney. In 1997, a California
prison put two men in solitary for telling journalists they were ordered to
replace ‘Made in Honduras’ labels on garments with ‘Made in the
According to Winter, the defense industry is a large part of the
equation as well:
“Unicor, says that in addition to soldiers’ uniforms, bedding,
shoes, helmets, and flak vests, inmates have ‘produced missile cables (including
those used on the Patriot missiles during the Gulf War)’ and ‘wiring harnesses
for jets and tanks.’ In 1997, according to Prison Legal
News, Boeing subcontractorMicroJet had
prisoners cutting airplane components, paying $7 an hour for work that paid
union wages of $30 on the outside.”
Oil companies have been known to exploit prison labor as well. Following the
explosion of the Deepwater Horizon rig that killed 11 workers and irreparably
damaged the Gulf of Mexico for generations to come, BP elected to hire Louisiana prison inmates to clean up its
mess. Louisiana has the highest incarceration rate of any state in
the nation, 70 percent of which are African-American men. Coastal residents
desperate for work, whose livelihoods had been destroyed by BP’s negligence,
were outraged at BP’s use of free prison labor.
In the Nation article that exposed BP’s hiring of inmates, Abe
Louise Young details how BP tried to cover up its use of prisoners by changing
the inmates’ clothing to give the illusion of civilian workers. But
nine out of 10 residents of Grand Isle, Louisiana are white, while the cleanup
workers were almost exclusively black, so BP’s ruse fooled very few
Private companies have long understood that prison labor can be as profitable
as sweatshop workers in third-world countries with the added benefit of staying
closer to home. Take Escod Industries, which in the 1990s abandoned plans to open
operations in Mexico and instead moved to South Carolina, because the wages of
American prisoners undercut those of de-unionized Mexican sweatshop workers. The
move was fueled by the state, which gave a $250,000 “equipment subsidy” to Escod
along with industrial space at below-market rent. Other examples include Ohio’s Honda supplier, which pays its prison workers
$2 an hour for the same work for which the UAW has fought for decades to be paid
$20 to $30 an hour; Konica, which has hired prisoners to repair its copiers for
less than 50 cents an hour; and Oregon, where private companies can “lease”
prisoners at a bargain price of $3 a day.
Even politicians have been known to tap into prison labor for their own
personal use. In 1994, a contractor for GOP congressional candidate Jack Metcalf
hired Washington state prisoners to call and remind voters he was pro-death
penalty. He won his campaign claiming he had no knowledge of the
scandal. Perhaps this is why Senator John Ensign (R-NV) introduced a bill earlier this year to require all
low-security prisoners to work 50 hours a week. After all, creating a national
prison labor force has been a goal of his since he went to Congress in 1995.
In an unsettling turn of events lawmakers have begun ditching public
employees in favor of free prison labor. The New York
Times recently reported that states are enlisting prison labor to close budget gaps to offset cuts in
federal financing and dwindling tax revenue. At a time of record
unemployment, inmates are being hired to paint vehicles, clean courthouses,
sweep campsites and perform many other services done before the recession by
private contractors or government employees. In Wisconsin, prisoners are now taking up jobs that were once
held by unionized workers, as a result of Governor Scott Walker’s contentious
Why You Should Care
Those who argue in favor of prison labor claim it is a useful tool for
rehabilitation and preparation for post-jail employment. But this
has only been shown to be true in cases where prisoners are exposed to
meaningful employment, where they learn new skills, not the labor-intensive,
menial and often dangerous work they are being tasked with. While
little if any evidence exists to suggests that the current prison labor system
decreases recidivism or leads to better employment prospects outside of prison,
there are a number of solutions that have been proven to be
According to a study by the Pew Charitable Trusts, having a history of
incarceration itself impedes subsequent economic success. Pew found that past incarceration reduced subsequent wages by 11
percent, cut annual employment by nine weeks and reduced yearly earnings by 40
percent. The study suggests that the best approach is for state and
federal authorities to invest in programs that reconnect inmates to the labor
market, as well as provide training and job placement services around the time
of release. Most importantly, Pew says that in the long term, America must move
toward alternative sentencing programs for low-level and nonviolent offenders,
and issuing penalties that are actually proportionate with real public safety
The exploitation of any workforce is detrimental to all
workers. Cheap and free labor pushes down wages for
everyone. Just as American workers cannot compete with sweatshop
labor, the same goes for prison labor. Many jobs that come into
prison are taken from free citizens. The American labor movement
must demand that prison labor be allowed the right to unionize, the right to a
fair and living wage, and the right to a safe and healthy work
environment. That is what prisoners are demanding, but they can
only do so much from inside a prison cell.
As unemployment on the outside increases, so too will crime and incarceration
rates, and our 21st-century version of corporate slavery will continue to expand
unless we do something about it.
Corporate Criminals – Chevron June 5, 2010Posted by rogerhollander in Ecuador, Environment, Latin America.
Tags: bp, burma, chevron, corporate criminals, Ecuador, environment, mynamar, oil industry, petroleum, pollution, roger hollander, royal dutch shell, slave labor
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BP is not the worst criminal conspiracy dressed as an oil company. Royal Dutch Shell (more later) and Chevron are much worse.
The Crimes of Chevron
Slavery, Vandalism, Murder by Proxy
Chevron is partnered with the Myanmar (Burma) military junta in building a gas pipeline project. Finding workers for this huge project was no problem – the Myanmar military simply impressed the indigenous people into slave labor gangs.
The recruiting system is simple. The junta burns their villages to the ground, herds the population at gunpoint into relocation (concentration) camps, doesn’t allow them to grown their own food and tells them the only way to eat is to work. They work clearing the forest, as porters (slaves are cheaper than trucks), and sex slaves for the project engineers. It should be noted that Chevron does not directly impress the workers. The Burma junta does the “hiring,” Chevron just profits from the arrangement. Chevron nobly claim they are providing “jobs” for the people in the region. Chevron neglects to note they are non-paying jobs with benefits that include torture and rape. Some reports say the workers are being paid a token for their forced labor. Burmese citizens who protest the pipeline project are murdered by the government. (See also Burma Digest about oppression in Karen State, End Human Trafficking on Chevron’s link to forced labor, the Free Burma Rangers, and Rebecca Tarbottom on the True Cost of Chevron in Burma)
In Ecuador, Chevron’s attack on indigenous people involves the destruction of their land and the poisoning of their rivers. When shareholders met last week in Houston, Chevron used the Houston police department to forcibly exclude shareholders who disagreed with management on its conduct in Ecuador from attending the annual meeting.
Chevron is an American corporation with headquarters in California. In California slavery is punished by at least three years in prison per count. What Chevron dumps in the Amazon River violates the Clean Water Act (if it were done in the US), it violates Ecuador law too.
Chevron has revenues of $167 billion last year and is the third largest business in the United States. Their CEO made nearly $9 million last year, 85% of it from non-salary bonuses and options.
Private Prison as Stimulus April 6, 2009Posted by rogerhollander in Criminal Justice, Economic Crisis, Human Rights, Immigration.
Tags: corrections corporation, Criminal Justice, dream act, Economic Crisis, geo, immigrant prisons, immigrants, immigration laws, immigration policies, matt kelley, prison industry, prison profits, private prisons, roger hollander, slave labor, warehousing immigrants
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Matt Kelley, http://immigration.change.org/blog
Published April 02, 2009 @ 05:00AM PST
[Change.org's Criminal Justice blogger Matt Kelley guest blogs here today about the consequences of privatization and proliferation of immigration detention. Check out Matt's blog today for my guest post there about the DREAM Act. - DB]
Cities and towns from coast to coast are struggling to stay afloat in this recession and they’re grasping for any new industry that will move to town – including one that profits from locking up immigrants, private prisons. It’s sad that the warehousing of immigrants is one of few stable industries in the United States today, but it’ll stay that way as long a cycle of profit surrounds our immigration policy.
Local governments are tripping over one another to get a piece of the private prison pie. Two news stories this week – from Baldwin County, Georgia and Morton, Mississippi – make plain the unapologetic drive of municipal governments to become prison towns to create jobs and industry when manufacturing and other industries are dying and moving away. The destructive immigration policies that siphon thousands of people into these prisons are viewed as nothing more than fodder in an economic machine.
It doesn’t have to be this way. Instead of locking up undocumented immigrants, we could focus on enabling hard-working people to pursue their dreams and stimulate the economy through work and innovation rather than through prison profits.
Today on the Criminal Justice blog, Dave Bennion writes about the promise of the DREAM Act, which – as you know – would allow undocumented immigrants to pursue legal status through college education or military service. Passage of the DREAM Act would be a big step in the right direction, for an America that should allow us to pursue our personal and professional goals. But until progressive reforms like this take root, we’re dangling the American Dream before the eyes of millions, only to divert them to being warehoused in our private prisons, working and living for someone else’s profit.
Dubois’s Revenge: Reinterrogating American Democratic Theory … or Why We Need a Revolutionary Black Research Agenda in the 21st Century March 29, 2009Posted by rogerhollander in History, Uncategorized.
Tags: adam clayton powell, afro-american history, american colonies, american history, american negro, black history, black reconstruction, black study, capitalism, civil war, colonialism, democracy, democratic theory, discrimination, dixiecrat, du bois, fawn brodie, indentured servants, indian slave trade, indian slavery, institutional racism, jamestown, jamestown settlement, jamestown virginia, jim crow, john rankin, negro history, powhatan, Race, racism, roger hollander, segregation, slave labor, slave trade, slavery, US constitution, virginia company, w.e.b.dubois, white superiority, william strickland
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William (Bill) Strickland
www.blackcommentator.com, March 26, 2009
In 1899, one year after completing what many consider to be the first real Black Study, his magisterial sociological analysis, The Philadelphia Negro, W.E.B. Du Bois addressed the American Academy in Philadelphia and proposed what might also be considered the first real Black Research Agenda.
To the white scholars gathered in Philadelphia, Du Bois proposed a path-breaking study of the Negro people:
However, persuaded that they were already in possession of ‘the truth’ about race, and perhaps equally unpersuaded that Negroes belonged to ‘a great race of people,’ the Academy declined to participate in Du Bois’s project.
Characteristically then, and largely unaided, Du Bois, for the next twenty years—first from Atlanta and later from New York—pursued the racial research we now know as the famous Atlanta University Studies; constructing virtually single-handedly, to all intents and purposes, what was the first Black Studies program in America. (By celebrating Du Bois in this way, there is no intent to slight George Washington Williams, who Vincent Harding calls “the first substantial scholarly historian of Blacks in America,”  and whose 1883 opus, History Of The Negro Race In America From 1619-1880 V2: Negroes As Slaves, As Soldiers, And As Citizens , still stands as the original foundational text of black history. Nor can one overlook Carter G. Woodson, generally regarded as the Father of Negro History. Rather one wishes simply to call attention to the fact that in regard to Black Studies, Du Bois was, as in so much else, there “at the creation.”)
But Du Bois’s work in pursuit of the truth about the race’s past and present increasingly led him into a collision with America’s self-definition as a “democratic land” which, despite its negligible “negro problem,” still saw and proclaimed itself, in the classical Panglossian sense, “the best of all possible worlds.”
Du Bois vs. the Historical Establishment
Du Bois’s confrontation with the American historiography that had not changed its opinion of the essential unworthiness of the Negro in the three plus decades since Philadelphia, came to a head in 1935 when he published his seminal reinterpretation of the Reconstruction era, Black Reconstruction in America, 1860-1880.
Concluding the volume with a chapter entitled, “The Propaganda of History,” Du Bois charged that “the facts of American history have in the last half century been falsified because the nation was ashamed. The South was ashamed because it fought to perpetuate human slavery, the North was ashamed because it had to call in the black men to save the Union, abolish slavery and establish democracy” (emphasis mine). 
This critique was both revolutionary and heretical since it not only attributed what we now routinely describe as “agency” to black people but it also struck a Joe Louis-like blow against white supremacy by asserting that black people had been the Salvationists of the Civil War Republic! Therefore what Du Bois’s perspective represented and what it called for, implicitly, was a new history of America.
Du Bois made that implication explicit on the global level as well in a 1943 letter to Will Alexander, a special assistant in the office of the War Manpower Commission who had written Du Bois from Washington that “there is a small group of scholars here, men of wide experience in international matters, who feel that there is need of a universal history of racism as it has appeared in various places around the world.” 
Two weeks after receiving Alexander’s November letter, Du Bois responded from Atlanta “that a universal history of racism would be an excellent undertaking but . . . if you are going to take the wide definition of race including nationalism, minorities, status, slavery, etc., it would be attempting a new universal history on a vast scale” (emphasis mine). 
Du Bois’s view that applying a “wide” definition of race to world history would, ipso facto, produce a new historical paradigm, a virtual reformulation of the way that one thought about the past and present world, is what I want to suggest is also both true and necessary for American political history and theory; that the need to reinterrogate the various ways that race and racism have impacted upon and, indeed, shaped the American nation state is also a history that must be reconceptualized “on a vast scale” if we wish to take up Du Bois’s crusade for “scientific truth.”
At bottom, the question that underlies such an enquiry is quite simple: Since public policy and constitutional law in America have sanctioned slavery, segregation, discrimination and institutional racism, how is it possible to reconcile the democratic theory of the state with the black civic experience? For example, the state may be conceptualized as an autonomous actor, a neutral arbiter, a gendarme, or an instrument of race, class and gender oppression. But whichever way the state is conceived, it unquestionably performs a certain role in allocating wealth, status, privilege and resources to some while withholding those perquisites from others. Moreover, although a taboo subject in conventional American appraisals, the chief means employed by the state and society to maintain and perpetuate the racial social order has been the resort to violence.
Slavery was violent and was only overthrown by violence. Reconstruction was dismantled by violence. The system of Jim Crow rested upon the theory and praxis of violence and the resistance to the freedom movement was, at its core, violent. The challenge, therefore, is to look longitudinally at American political history to try and gain a more accurate understanding of how the Republic has related actually, rather than mythically, to the black presence in its midst. Consider this example both of one problem unexamined and the kind of research needed to bring it to light.
The Southern Question
In 1944, Adam Clayton Powell was elected to Congress from Harlem and arrived in Washington in 1945, the last year of World War II’s fight against fascism. 
But what did Adam have to contend with once he had taken his seat? He had to contend with the racist rantings of Southern Congressmen like John Rankin of Mississippi who were still freely indulging the epithet “nigger” on the House floor. (Rankin was an equal opportunity bigot since he also assailed columnist Walter Winchell as “a little kike.”) 
To his credit, and despite the expectation that freshmen Congressmen were to be seen and not heard, Adam rose after another Rankin outburst to say that “the time has arrived to impeach Rankin, or at least expel him from the party.” 
So how do we theorize about this incident? Were Rankin’s fulminations simply an individual expression of racist sentiment or symptomatic of something more organic to American political life? What, for example, did the apparent tolerance of the behavior signify? And how far back did this normative racism go? All the way back to 1790? Or was it only a twentieth century phenomenon? That is, did racial insults abate in Congress during the thirty years, from 1871 to 1901, when black men sat in the Congress? In fine, what is the historical record of racist discourse—and the advancement of racist interests–in the House and Senate of the United States? Researching that question in the Congressional Record, the Congressional Globe, et al., would be a massive undertaking—and aside from William Lee Miller’s Arguing about Slavery: The Great Battle in the United States Congress (Knopf, 1995) which details the 1830’s Congressional fight over petitions against slavery–so far as I know no one has yet done it. But questions such as these need to be answered if we are ever to truly fathom the nature of the American racial state.
Also one might raise many other questions about Dixiecrat power for one’s research agenda, like the political side of the reparations question. For while the subject of reparations for unpaid slave labor has generated heated political discussion for decades, there has been no similar effort to systematically appraise the cost of federal programs and public policy which the South steered to itself on the backs of the expropriated political power of disenfranchised Blacks.
We know, for example, that the Freedmen’s Bank was burgled by government-affiliated speculators after the Civil War. We know that many black veterans of World War I were never given their pensions. We know that the Union army paid its black soldiers only half of what they paid white soldiers until black soldier protest and war exigencies forced the government to relent in the last year of the war. And we know that the funds of the New Deal programs were discriminatorily disbursed during the Depression. But we can’t put a dollar figure on these serial betrayals by the national government nor on the spin-off benefits which the South enjoyed because of its stolen political power. How many public projects and military bases were sited in the former Confederacy, one wonders? And government subsidies? And tax breaks?
The questions are endless but the answers will help us illuminate the suppressed dimension of the American racial state.
So where might we begin? At the beginning, of course, with the sacrosanct foundation myths of American exceptionalism.
II. ON THE POLITICS OF MISREPRESENTATION
The problem of reinterpreting America’s history and politics is only partly a problem of new discovery since much of the actual history is known. It exists in records, documents, oral history and in books, both old and new.
The problem is that non-mainstream history is an embarrassment to the national myths that make up America’s identity so it is banished from the national memory; hidden from national view; concealed behind what Du Bois called The Veil. What we are left with is invented history, abetted by various “masking devices” such as historical patterns that go uncommented upon; euphemistic language such as “landed gentry” instead of slave-owners; “racial riots” instead of pogroms; “violence” instead of murder; “harassment and intimidation” instead of racial terror, ad infinitum. (emphasis mine) Another ploy is the examination of the “thoughts” and “minds” of Great White Men while shying away from their deeds.
But the most persistent disguising tradition has been simply to ignore the messenger. . . the fate of most black critical voices over the ages. Indeed, Manisha Sinha, in the January 2007 issue of the William and Mary Quarterly, points out that “Historians have yet to fully appreciate the alternative and radical nature of black abolitionist ideology. . . [that] not only pointed to the shortcomings of American revolutionary ideals but also exposed their complicity in upholding racial slavery.”  And, if ignoring the messenger did not suffice, then the reaction was to professionally slay the renegade scholar. That was the fate meted out to the late Fawn Brodie whose 1974 volume, Thomas Jefferson: An Intimate History, dared to suggest an “intimate relationship between Jefferson and Sally Hemings. . .” Her reward was to be almost unanimously pilloried by the academic establishment. So what, at bottom, are we dealing with?
Is America just another case of national vanity run amok since nearly all societies, like nearly all religions, tend to think of themselves as special and adhere to creation myths which attest to their uniqueness? Or is something more at stake? Something like America’s aspiration to world leadership based on its self-image of being specially favored and specially blessed? It is to answer that question that one turns to the past because it is the past which best contextualizes today’s diabolical policies of preemptive war, international kidnappings, secret prisons, sanctioned torture, the gulag of Guantanamo, the excesses of the FBI and the administration’s scornful disregard of the Constitution, the Geneva Convention, and the right of habeas corpus.
The past conceptualizes these practices because, although chronologically new, they are remarkably akin to deeds which Du Bois deplored some fifty years ago:
The significance of Du Bois’s critique is that he saw America not as most Americans see it but through his own racial lens; utilizing the second sight he had gained as a lifelong racial outsider in the land of his birth:
So Fawn Brodie questioned an icon while Du Bois questioned the “social order.” Both interrogations suggest new interpretative spaces where the meaning of America can be remapped in order to investigate the line of historical continuity from the international slave trade to the multi-national corporation, from the Indian “wars” of yesterday to the Iraqi occupation of today, from America’s oft-invoked democratic claims to its oft-enacted undemocratic actions.
III. ON RACIAL (AND OTHER) CONTRADICTIONS
To review American political history from top to bottom is obviously beyond the scope of this paper. What it seeks to do is reanalyze America’s founding years by piggy-backing on some of the excellent works written both recently and in past years, which have significantly contributed to our understanding of non-mythical American history.
In that connection James Loewen’s pioneering, Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong, Revised and Updated Edition (New Press, NY, 1995) must be mentioned as well as THINKING AND RETHINKING U.S. HISTORY , edited by Gerald Horne and published by the Council on Interracial Books for Children in 1988. (In fact, Horne has been exemplary in resurrecting neglected history as in his Black and Brown: African Americans and the Mexican Revolution, 1910-1920 (American History and Culture Series) (NYU Press, 2005).  He has also provided us with a critically new perspective on the role of race in World War II in his Race War!: White Supremacy and the Japanese Attack on the British Empire (NYU, 2004) which “delves into forgotten history to reveal how European racism and colonialism were deftly exploited by the Japanese to create allies among formerly colonized people of color.”  )
The methodology of inquiry will be to carry on a dialogue with these books; outlining what new historical hypotheses they seem to represent and what new questions and issues arising from them might deservedly constitute a research agenda of the future.
IV. THE FOUNDING UNROMATICIZED: COLONIALISM, CAPITALISM, AND CITIZENSHIP BEFORE THE MAYFLOWER
In 1964, Eli Ginsberg and Alfred Eichner published their book Troublesome Presence: American Democracy and the Black-Americans (hereafter G&E) which painted quite a different picture of American settlers from the archetypical image of freedom-seeking Pilgrims landing on Plymouth Rock in 1620. They wrote that. . . “of the several million persons who reached Great Britain’s North American colonies before 1776, it is conservatively estimated that close to 80 percent arrived under some form of servitude.”  (emphasis mine)
Since we are accustomed to think of servitude and/or slavery as being the lot only of Africans and their descendants and also know that, as of the first official census in America in 1790, these persons comprised approximately 20 percent of the American population, we are left to wonder about the status of this majority of unknown white settlers. Who were they, these non-Pilgrims?
A partial answer can be found in G&E and also in Gary Nash’s classic work of colonial history, Red, White, and Black: The Peoples of Early North America (5th Edition). Both direct our attention to the Jamestown Landing of 1607 where the two constituent elements of American exceptionalism first came into being, i.e., the awarding of “free” land to the settlers and their gaining of the right to vote. However, both of these bestowals by the architects of the Jamestown project, the Virginia Company of London, arose out of the financial imperatives of settlement not out of any sentiments of democratic idealism. More importantly these concessions were made by the London businessmen whose desperate hope was to turn Jamestown into a successful profit-making enterprise as the Spaniards had done in Mexico and Peru.
Witness Gary Nash:
Thus America was birthed by capitalism, not by freedom. Indeed the Jamestown Project’s partnership between the corporation and the state was to serve as a useful model later in the century when the Royal African Company was granted a monopoly of the English slave trade with West Africa in 1672 by King Charles II.
Not Colonists But Conquistadors
We have come to think of slavery and the slave trade as the prime incubators and instigators of American racism with the American South as its birthplace. Except. . . the first racial slaves in America were not Africans but Indians and the first state to legally sanction slavery was not Virginia in 1661 but Massachusetts in 1641. 
Moreover Massachusetts’s involvement in the slave trade antedates even their first slave law, e.g., “The first definitely authenticated American-built vessel to carry slaves was the Desire built in Marblehead [Massachusetts] and sailing out of Salem in 1638 [carrying] a cargo, among other things, of seventeen Pequot Indians, whom she sold in the West Indies.”  (emphasis mine) What this neglected history of Indian slavery suggests is that we must see the Indian as well as the African as the original racial “other,” the negation of whose humanity was the dialectical affirmation of white superiority in America; that slavery and the slave trade tie Massachusetts and Virginia together and demonstrate the North-South national pattern of racial exploitation that evolves so seamlessly into racism.
Any new research agenda thus needs to reconceptualize white–Indian along with white-African relations to gain a fuller understanding of the role of race in shaping both the racial and cultural identity of America and in making possible its political and economic development. Volumes such as Almon Lauber’s Indian Slavery in Colonial Times (Amsterdam, NY, 1969 but originally published in 1913), Allan Gallay’s The Indian Slave Trade, 1670-1717 (Yale, New Haven, 2002), and others like Karen Ordahl Kupperman’s Indians and English: Facing Off in Early America (Cornell, NY, 2000) and her most recent book, The Jamestown Project (Harvard, Cambridge, MA, 2007) tell the more inclusive story of how considerations of race dominate early American relations. . . As we can see by returning to the saga of Virginia:
“In the autumn of 1607. . . when food supplies were running perilously low and all but a handful of Jamestown settlers had fallen too ill to work, the colony was saved by Powhatan, whose men brought sufficient food to keep the struggling settlement alive until the sick recovered and the relief ship arrived.”  (emphasis mine) So Powhatan, more famous in the white-washed history as the father of Pocahontas, saves the Jamestown settlers in 1607, years before the Pilgrims landing and years before the holiday we now celebrate as Thanksgiving. But Powhatan’s life-saving graciousness has gone unlearned, unappreciated, unspoken of—even this year, the 400th anniversary of Jamestown’s Founding. Perhaps that is because, as Du Bois wrote about the black contribution to the Civil War, the settlers were ashamed of being indebted to those whom they considered their inferiors. Or maybe it’s the historians who should be held accountable. Whatever…. In the historical scheme of things, this oversight does not seem to have mattered because the new settlers soon re-righted their racial world at the behest of their superiors; to wit:
In 1609, the royal governor of Jamestown was ordered by the Virginia Company “to effect a military occupation of the region . . . to make all tribes tributary to him rather than to Powhatan, to extract corn, furs, dyes, and labor from each tribe and, if possible, to mold the natives into an agricultural labor force as the Spanish had done in their colonies.”  (emphasis mine)
“As the Spanish had done in their colonies” meant, of course, that the settlers, told to emulate the Spanish conquistadors, were to subjugate the Indians to their will, establish racial rule over them, divide and conquer where possible, appropriate anything of value the Indians might possess—from food provisions to trade goods—and, first and foremost, enslave them . . . or as the company delicately put it—“mold them into an agricultural labor force.”
But the 30,000 Indians of the Chesapeake would not be “molded.” They perished from the white man’s diseases. They fought back. So the Company had to try a new business plan of luring settlers to Virginia by promising them free land at the end of seven years labor. But after five years the strategy of trying to turn a profit from these white indentured servants had also not succeeded so the company again raised the inducements for settlement: “This time 100 acres of land was offered outright to anyone in England who would journey to the colony. . . [Thus] Instead of pledging limited servitude for the chance to become sole possessor of the land, an Englishman trapped at the lower rungs of society at home could now become an independent landowner in no more time than it took to reach the Chesapeake.”  (emphasis mine)
It is in this fashion that American exceptionalism is born via the gift of land which in Europe is owned by the monarchy, the church and the aristocracy. But in America it is made available in a transaction of profit-making speculation. Englishmen “trapped at the lower rungs of society” can then rise to become “independent landowners.”
But there was still one more “gift” to come: “In 1619 the resident governor was ordered to allow the election of a representative assembly, which would participate in governing the colony and thus bind the colonists emotionally to the land.”  (emphasis mine)
The pillar of democracy, the right to vote, was conferred upon the settlers not by the Goddess of Liberty but by the Goddess of Capitalism, as was the means of social and economic uplift, the land of the Indian. And all of this occurred, we are reminded once again, by 1619—and before the fantasy-ennobling year of 1620. Two other momentous things, whose significance, historian Lerone Bennett, Jr. reminds us, cannot be overstated, also took place in 1619.
Speaking of the first Africans to arrive in British America whom he calls the Jamestown Twenty, Lerone sums up the contradictions of Jamestown which were to become America’s own:
Or to put it another way, the Jamestown Experiment codified the race, class, gender and political identity of America. It also demolishes the myth of American exceptionalism because it establishes America as simply one of a number of white settler states like the former Rhodesia, South Africa and French Algeria, and those like New Zealand, Australia, et al. who have morphed from those origins to the “civilizations” we see today. Speaking of Australia, we can now answer the question that we posed pages ago about who these non-Pilgrim white colonists were.
Some were servants, and some were indentures and redemptioners as we have seen. Others were slaves like the white women sold at Jamestown, and many were the victims of kidnappings because:
But many of these “settlers” in the seventeenth and eighteenth centuries were criminals . Between 1718 and 1785 Britain banished 50,000 convicts to America, a fact rarely cited in American textbooks.  In fact, it seems a matter of some historical discomfort to reveal the fact that America was Britain’s first penal colony. Australia only assumed that role after the American Revolution when America’s shores were closed to that traffic. Indeed the whole subject of white servitude and convict labor has received scant historical attention. But the evidence is there. It just is not permitted to confront or alter the tenets of mainstream history.
Again, Gary Nash:
his commentary also appears in Souls.
BlackCommentator.com Editorial Board Member William L. (Bill) Strickland Teaches political science in the W.E.B. Du Bois Department of Afro-American Studies at the University of Massachusetts Amherst, where he is also the Director of the Du Bois Papers Collection. The Du Bois Papers are housed at the University of Massachusetts library, which is named in honor of this prominent African American intellectual and Massachusetts native. Professor Strickland is a founding member of the independent black think tank in Atlanta the Institute of the Black World (IBW), headquartered in Atlanta, Georgia. Strickland was a consultant to both series of the prize-winning documentary on the civil rights movement, Eyes on the Prize (PBS Mini Series Boxed Set), and the senior consultant on the PBS documentary, The American Experience: Malcolm X: Make It Plain. He also wrote the companion book Malcolm X: Make It Plain. Most recently, Professor Strickland was a consultant on the Louis Massiah film on W.E.B. Du Bois – W.E.B. Du Bois: A Biography in Four Voices. Click here to contact Mr. Strickland.
 Du Bois, W.E.B., Autobiography of W.E.B. Du Bois, International Press, NY, 1988,
 Vincent Harding, “Beyond Chaos: Black History and the Search for New Land,” in Amistad I: Writings on Black History and Culture, ed. John A. Williams and Charles F. Harris (New York: Vintage Books, 1970), p. 271.
 Du Bois, W.E.B. Black Reconstruction in America, 1860-1880. Athenaeum, NY, 1983, p. 711.
 Aptheker, Herbert. Correspondence of the W.E.B. Du Bois, 1934-1944, vol. 2, UMass Press, 1978, p. 369.
 Ibid., p. 370.
 The irony of Amerca’s fighting fascism abroad while segregating Blacks in the military and permitting lynching at home inspired the black community in those war years to launch “the double V” campaign: Victory over the enemies without and within.
 Haygood, Wil. King of the Cats. Houghton Mifflin, NY. 1993, p. 118.
 Sinha, Manisha. “To ‘cast just obloquy’ on oppressors: Black radicalism in the age of revolution,” William and Mary Quarterly, vol. 64, #1, January 2007, p. 153.
 Ibid., p. 160.
 Du Bois, W.E.B. Autobiography of W.E.B. Du Bois, International Press, NY, 1988,
 Ibid., p. 155.
 Horne, Gerald, Race War: White Supremacy and the Japanese Attack on the British Empire, New York University Press, 2004, book jacket.
 Eli Ginsberg and Alfred Eichner, Troublesome Presence: Democracy and Black Americans, New Jersey, p. 11.
 Nash, Gary. Red White and Black: The People of Early North America, Prentice Hall, NJ, 1974, p. 46.
 G&E, p. 16.
 Mannix & Cowley, Black Cargoes, Viking, New York, 1962, p. 6.
 Nash, p. 56.
 Ibid., p. 59.
 Ibid., p. 52.
 Ibid., p.52.
 Johnson, The Shaping of Black America, Chicago, 1975, p. 8.
 Mannix & Cowley, p. 56.
 A. Roger Ekirch, Bound for America: The transportation of British convicts to America, 1718-1785, (Clarendon, Oxford, 1990).
 Nash, ibid., p. 52.