It’s that time of year again when those Black Lives Matter signs get dusted out from the archives once more, and a handful of feel-good MLK quotes get into rotation across these Beyonce’s ‘innanets’ powered by Blue-Ivy’s high-speed Wi-Fi! The charades of performative diversity begin once again and Black people across this nation are expected to accept crumbs of representation as full loaves during the shortest month of the year. This IS the “old-normal” many wish to blissfully return to; even as the pseudo awakening of 2020 showed us just how out-of-touch many folks were, and still are, regarding the harsh realities of Black lived-experiences across America, and throughout the diaspora. This is particularly evident in “professional” spaces, as most still refuse to acknowledge the deeply rooted traumatic individual, and communal experiences certain demographics within their industries face on a daily basis.
Now that Diversity Equity and Inclusion (DEI) has gained traction as the latest hot topic/buzz word/initiative, the reality remains, for most people belonging to historically marginalized communities, the squeal of uncertainty and sighs of deep apathy continually resound as not-so-micro-aggressions go unchecked because of the nuances of these interactions -particularly in the workplace. One of the more triggering incidents for me was hearing industry colleagues suggest using incarcerated populations for “free labor” in the name of “skill building” or “volunteer” opportunities.
It’s high time we moved beyond performative “diversity’ to real equitable inclusion. It is essential that we create truly inclusive work environments that also take into consideration cultural contexts and complex intersectionality to help folks better understand why such statements are not only distasteful, but damaging. Although these passing comments may not be rooted in malicious intent the impact is still as harmful. A majority of the historical and cultural context required to address these issues is not readily available or accessible in the general academic curriculums. As a result, a lot of people remain mis/un-informed about the generational trauma and abuse perpetuated via institutions of incarceration -inclusive of the school-to-prison pipeline.
The Nuance of the 13th Amendment: Slave Labor Rebranded
Toussaint L’Ouverture asked a very keen question in his 1892 Letter to General Assembly that still rings true today; “We are black, it is true, but tell us, gentlemen, you who are so judicious, what is the law that says that the black man must belong to and be the property of the white man?” To this, I’d respond, the 13th amendment, given that it did not entirely abolish slavery, it merely revised the mechanisms through which people, particularly those of enslaved lineages, could be legally re-enslaved. It stated that “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.” I’d suggest watching the Netflix Documentary titled “13th” as well as “When They See Us” for additional context. Please be advised these productions do touch on some deeply triggering topics for some folks.
Peonage Laws
Speaking of the current penal system and rebranded slavery practices, peonage is the system of convict labor through which a person is forced to work against his or her will, with little control over his or her working conditions. In 1866, one year after the 13th Amendment was ratified -thereby legally “ending” slavery, Alabama, Texas, Louisiana, Arkansas, Georgia, Mississippi, Florida, Tennessee, and South Carolina began to lease out convicts for labor (peonage) -this made the practice of arresting Black people a very lucrative business. As a result, hundreds of white men were hired as police officers by these states whose primary responsibility was to seek out and arrest newly freed descendants of the enslaved Africans who were deemed in violation of Black Codes. Once arrested, these men, women and CHILDREN would be leased back to plantations where they would harvest cotton, tobacco, sugar cane, or they would be leased to work at coal mines, or railroad companies.
“For too long, gentlemen by way of abuses that one can never too strongly accuse of having taken place because of our lack of understanding and ignorance – for every long time, I say – we have been victims of your greed and your avarice. Under the blows of your barbarous whip we have accumulated for you the treasures you enjoy in this colony; the human race has suffered to see with what barbarity you have treated men like yourself…” –Toussaint L’Ouverture
U.S. Prison System and Why It Is Still Extremely Problematic
The modern-day policing/law enforcement system is entrenched in slave patrolling, and the war on drugs did more harm to Black and brown communities than their white counterparts. In the last opioid crisis, many fell victim to the unfair policing, pretrial and sentencing practices of the legal system at-large. It is no surprise that victims of the current opioid crisis, who also happen to be of a particular demographic, are treated with human decency and offered better rehabilitative support instead of excessive incarceration.
The U.S. has the highest incarceration rate in the world. Approximately 25% of the world’s total prison population is in the United States, which holds about 2.19 million prisoners as of 2019. My home state, Pennsylvania, ranks 6th among the top ten states with the highest prison populations in the country with 45,485 inmates. Keep in mind, Black people constitute over 38% of the U.S. prison population while only comprising 14.1% of the total population. Black Americans are incarcerated in state prisons across the country at nearly five times the rate of whites, and Latinx people are 1.3 times as likely to be incarcerated than non-Latinx whites.
These abuses via the legal system fuel the continued racial, economic, and social disparities across this nation at-large. Furthermore, when we re-evaluate the fairness/just-ness of the legal system and its laws that funnel certain demographics to these inhumane conditions while protecting others, it is self-evident that the legal system is deaf, dumb, and blind when it comes to the equitable treatment of those who happen to find themselves in its crosshairs.
What can you do?
Since 2020, many companies/organizations have created Diversity, Equity, and Inclusion positions to address and hopefully implement restorative justice practices, equip folks with the necessary tools to change workplace cultures, and better understand the true value of employing individuals with diverse perspectives and voices.
The next time you hear such incendiary remarks, speak up. I urge you to challenge the status quo that allows the perpetuation of systemic/structural oppression and abuse of Black and brown bodies; learn to see the humanity in those who are currently serving their sentences and advocate for more human-centered and trauma informed rehabilitation methods. We have seen in hindsight, many times over, how certain actions that may be deemed legal are not always moral or ethical.
I implore you to be the change this world needs -sooner rather than later.
