The Ballot
The key to equal status treatments in any society concerns both law and economics. Any intelligent African-American will readily understand the need to vote for a legal status if they knew that the 13th, 14th and 15th amendment did not make them a full United States citizen. The domestic legal reality is that the Supreme Court from time to time have franchised, then disenfranchised, enfranchised the African-American and again disenfranchised him[1]. It was these, successive, Supreme Courts disenfranchisement rulings that have enabled crimes against humanity to be perpetrated on the African-American [2]. The inability, to engage the legal or economic system because of race-based factors is a violation of human rights. This reality begs for an international solution since the only ones that can change the African-Americans status is the African-American. Consequently, an internationally binding ballot determining our legal status is a prerequisite to legal and economic enfranchisements.
This ping-pong game of enfranchisement/disenfranchisement began when Republican members of the Civil War Congress, Charles Sumner and Thaddeus Stevens, valiantly pressed on for African enfranchisement and successfully fought for the passage of the 13th, 14th and 15th amendments, and the Freedmen Bureau Bill. However, when Thaddeus Stevens introduced the economically laden Reparations Bill in 1867 bill, it was vetoed by racist President Andrew Johnson and ultimately rejected by the 39th U.S. Congress. It was the failed Reparations Bill and its promise of 40 acres and farm tools along with the fraudulent chicanery of the whites that trashed the Freedmens Bureau, that disenfranchised the African. It was these two factors, amidst the mores of civil war America that spelled doom for any economic domestic change for the newly freed African.
Thaddeus Stevens, and Sumner, albeit heroic in their endeavors were greatly outnumbered and were defeated in their attempts to domestically change the legal and economic status of 25 generations of African slaves. The sheer magnitude of the racial and religious[3] American mores that regulated the Africans as pieces of property was too much for the 39th Congress to overcome. After all of the blood and glory of the Civil War, Congress could not transcend what had been embedded in their souls.
Likewise, the Supreme Court could not step outside of their souls and their decisions in U. S. v. Reese[4] U.S. v. Cruikshank[5] were telling, as they sophistically reversed the convictions of Kentucky and Louisiana hooligans who beat and tortured Negroes who were lining up to vote in favor of state rights.[‘State rights’ is a code word for allowing companies, educational facilities, police, and any white man, the right under state law to discriminate, kill, oppress, rape and maim ][6]. These rulings disenfranchised the African-American under the 15th Amendment.
Bowing to the historical futility of living in peace and equanimity with the whites, Martin Delaney and the majority of ex-slaves argued as the authors of the present day argue herein for a peaceful sharing of America under the norms of self-determination and repatriation[7].
The first experiment of the African as a citizen lasted less than four (4) years when as early as 1869 the Supreme Court began whittling away the enfranchisement’s of the 14th Amendment. Here, the Supreme Court ruled that the privileges and immunities clause of the 14th Amendment as to state citizens would be regulated under state law. See Slaughterhouse case 83U.S. 36. In plain English, the court separated national citizenship from state citizenship. These very slick rulings allowed collegial racist state legislators to re-embed the slave codes into state and municipal regulation. These obnoxious rulings by the Supreme Court placed the African back into a kind of neo-slavery. The effect of these rulings enabled the states to enact laws that restricted freedom of movement and property through sharecropping laws, tenant laws, pass laws, vagrancy laws, miscegenation laws, professional licensing laws, unequal punishments, and discriminate criminal justice systems.
The attempt to make civil repairs to the African utterly failed and the Post Civil War Supreme Court [s] put the final stamp of approval on ‘state rights’ with their ‘Separate but equal’ decision, under the equal protection clause of the 14th Amendment.[8]
The Post Civil War Supreme Court decisions triggered state-sponsored laws, and state constitutional changes, whereby state-sponsored humiliation and injustice became the legal rules of the day. The overall effect of these laws underlies the present day enforcement of law[9]. The aforementioned Supreme Court and Congressional action precipitated what imminent scholar Yusuf N. Kly calls the apartheid period [10], and many others call “Jim Crow laws”. It is this state-sponsored conduct which contradicts the norms of citizenship[11].
Since those times of no education and these times of mis-education, our lawyers, Ministers, and Imams have been understandably slow, to understand our economic rights engendered as the successors in interest to 25 generations of forced labor and legal disenfranchisements. Notwithstanding the hour of the day, and our delayed understanding, it is now up to us to democratically decide our own status. This leads us to the inevitable Plebiscite vote and Reparations Referendum [12]. A plebiscite will allow us to shape the political and economic destiny of our lives and our children lives ad infinitum.
Clearly, the Supreme Court and the Congress of the United States has not been a friend to the African. It took the Supreme Court Fifty-eight God-forsaken years to rule that “Separate educational facilities are inherently unequal”. Thereafter, it took the Congress ten (10) years to pass the 1964 Civil Rights allowing ‘Affirmative Action’ in education, Public accommodations and housing. Remarkably, it took the Supreme Court less than fifteen (15) year to set aside a hundred (100 years) of legal precedent with a half-baked decision that the constitution is ‘color-blind’. Did the Supreme Court Justices forget that the constitution was written in 1781 in the face of 700,000 Africans in perpetual racial servitude? The ‘reverse discrimination’ decision in Bakke vs. California Regents was the beginning volley of modern era Supreme Court decisions that drove affirmative action back into its dark dead end. Now, the consistent wail of the Supreme Courts hypocrites is for a ‘color blind’ society and a strict scrutiny of any race-based measures intending to level the playing field, while we continue to catch hell in a color effects all society.
The Ping-Pong game between the Congress and the Supreme has laid bare the Anglo-American view of civil rights. This game of Ping-Pong and gymnastic legal sophistry bring to bear many questions. If we have civil rights then why are we not compensated for our injuries like the Japanese and Jewish citizens who received reparations for injuries mild in contrast with the injuries we have suffered [13]? Why can’t we obtain business loans, real estate loans, car loans etc., and if we do qualify for these loans why don’t we obtain a comparable rate as whites? Why are we beat, shot and killed by the police? Why are our children stuck in ghettoes and receive inferior education and have high infant mortality rates, unemployment rates, underemployment, AIDS infections, and imprisonment? Why haven’t civil rights effected the life styles of the African majority ? Looking at the consistent conduct of the Supreme Court and the Congress it is easy to see why; we didn’t have economic or legal chance! We were let out like stray animals after the Civil war.
Malcolm X said that we could not have Civil rights without Human rights. What Malcolm meant was that, we must have our collective rights to reap the benefits of our labor to the American soil that man, women and child were forced through degradation and terror to plow from sunup to sundown; this is our human right! This means that if we do not have collective land interest like the people of East Timor, Hawaii, Puerto Rico and the Native Americans then we will be subject to the whimsical self-interest of the sons and daughters of the same slavemasters. Until we have compensation and land we have at best an ex-slave status. On the other hand a vote for indigenous internal self-determination[14] will transfer jurisdiction to us over schools, business, land, courts and housing under the international remedy of Special Measures [15].
Until we vote for compensation and land we will continue to be beset with the problems of landless ex-slaves i.e. oppression, poverty, prostitution, drug use and high rates of crime. Clearly, the reason why we are beset with these problems is because the 13th, 14th and 15th amendment could not be hoisted onto the asset-less non-political personalty of the African.
The reasons why we are in the condition that we are in is because of the way we have been conditioned as a rightless, asset-less, non-citizens. A Well founded international customary law maxim can best explain the legal quandary we find ourselves in. A government cannot kidnap a person, and then re-define that person, without that persons consent[16]. This is especially true when that government first defined that person as [chattel property-like a horse, a chair or a cow] not human, then human, with no rights, this conditioning has left us in a state of ambiguity that must now come to an end.
This limbo status of second-class citizenship that the vast majority of African-Americans find themselves in is a legal impossibility. The law of American government was allegedly founded on the social contract theories of John Locke, Rousseau and Hobbes, which say that man must consent to be governed and if he does not give that consent then the government is at war with those people[17]. El-Hajj Malik Shabazz, postulated correctly “ there is no such thing as second class citizenship” Consequently, it is up to us to make peace with white America under the international Human Rights norms of self-determination. The Anglo-Americans who really operate this country will not inform you of this choice at any point in their educational system.
Our ministers, Imams and Lawyers are transfixed in the civil rights mode because they have little or no education in the functionality of international law[18]. This has been a major set-back to our quest for freedom, justice and equality since International Human Rights law is a major departure from Civil Rights law which is defined by those who put us into slavery in the first place. This is the common sense reason why Civil Rights law is clearly deficient in comparison with International rights.
Dr. King and Thurgood Marshall [May God be pleased with both of them] have taken us as far as they could under the civil rights rubric. Malcolm was learning about international law and was taking us in this approach for land interest and civil liberation. . It is now time for us to pick up the flag and redefine our American relationship under International Law.
The promise of a new life for our children and ourselves is in our hands and within our grip. The Anglo-Americans can not stop us from voting for self-determination. The four-prong remedy provided for us under International reparation law[19] will release us from this bad relationship once and for all. We must be poignantly aimed to cast a vote for our liberty, damn the Voting Rights Acts and the 14th and 15th Amendment.
Don’t waste time crying over voting reform. Damn voting reform, who are we going to vote for anyway? Let us cast our vote wisely and internally separate ourselves from the Anglo-American authority . Why not? After all, it was them who separated and abandoned us!
We must not listen to any of the civil rights hustlers, the ignorant or the hapless cowards. These hustlers, cowards and fools are not Statesmen or International Lawyers, therefore they are ill equipped to understand Human Rights law, International business or International law. Consequently, it is easy to understand why these hustlers, fools and sell-outs have been unable to gain us justice or equality. It is these same hustlers, fools and sell-outs that duped us into believing; that if we vote for the Democratic or Republican Party, they would reciprocate through government programs that would somehow lift the masses into the middle class. This is simply not true; the people who buy the elections are not inclined to adequately fund reparative solutions in education, housing, criminal justice or employment. These politicians are more inclined to give the ministers a pat on the head, a handshake, a small donation and ask for the deliverance of the flock to the voting polls.
Likewise, the individual, civil rights, person by person approach to freedom, justice and equality is simply not designed to help the masses. The fourteen-year shelf life of these meager ‘preferences’ fought for by the well-intended Civil rights people has run their course. It is over. The few attorneys, doctors and business that it gave the so-called Black middle class were a pittance in comparison with self-determination and moneyed access to our natural African markets[20]. The small economic openings under the whimsical rules of various diluted Affirmative Action schemes are a very poor substitute for self-determination. Moreover, these petty programs have been effectively repealed by a legal patchwork of racist right wing lawyers, businessman and judges who are still at war with the African-American. These businessmen, lawyers and judges are both Republicans and Democrats who now allege that the Constitution is color-blind.
Presently, the ‘Scalia court’ hides behind the legal façade and cronyism of ‘strict construction’ [strict construction is another code word for lets send the N word back to their condition at the time of the Constitutions construction] . It is utterly ridiculous for us to leave our fate in the hands of the Supreme Court or Congress so that they can continue to kill the aspirations of our race. Clearly, Civil Rights are an empty wagon of intangible rights, which for the most part remain unenforceable because of the consistent Supreme Court rulings. Civil rights are a sham and everybody knows it except us.
Internal Self-determination under Indigenous Law
Any chance of Civil rights that benefit the majority of African-Americans can only come after the good meal provided by the economic enfranchisements of Human Rights. Civil rights are the deserts and Human Rights are the meal. To date our well-intended politicians and lawyers have truly been handicapped by their inability to incorporate International Law as the main course in a menu of rights that are needed to repair the African. This is a fatal mistake, because the horrors inflicted during America’s political and religious history fits into the remedial framework of international law not domestic law. For example, International Human rights and minority rights claims fit quite neatly under the laws that pertain to Indigenous Peoples and crimes against humanity. If the African-American changed their liberation tactics from civil right to human rights we could easily be afforded ‘ Indigenous status’ under international law. This is at least a 4 trillion dollar deal, because ‘indigenous status; would entitle the African-American to American land under two theoretical categories of International Law; Indigenous Rights as well as Minority Rights. Gudmundur Alfredsson, [21], analyzes the remedies and avenues for redress available in international law and organizations for human rights violations against indigenous peoples. He also examines specific provisions in the Charter of the United Nations relating to the domestic jurisdiction rule [22]and argues that most states could not successfully invoke this rule because, as parties to international agreement, because they have consented to the competence of others to discuss state performance in areas covered by the agreements[23].
Alfredsson also examines the principle of the right to self-determination and puts forth five possible meanings and potential beneficiaries. He concludes that most indigenous peoples are excluded from the exercise of external self-determination partly because of the territorial and sovereignty arguments advanced by metropolitan sovereignties. He asserts, however, that this does not mean that internal self-determination does not apply[24].
In our opinion,[25] The African-American is entitled to internal self-determination status due to the brutal slave seasoning techniques employed by the state sponsored agriculturist who beat, tortured, raped and maimed the African out of us.[26] Most African-Americans cannot trace their African heritage and most African-Americans have be so dumb-downed by the mores of America, its educational system and the media that they no longer want to be African. This brutal genocide has created a new tribe called the “African-American.
THE REPARATIONS REFERENDUM[27]
As a judge on the African-American Reparations Tribunal[28], I want to warn you that individuals filing an international tort claims against a few insurance companies in a Federal Court is not a remedy to the litany of problems that we collectively face. Moreover, individual tort claims do not procedurally fit under a reparative legal framework. America is guilty of crimes against humanity[29], which calls for Australian Reparations like forum and a truth and reconciliation council similar to South Africa so that we can determine the collective extent of reparations[30]. Clearly International tribunals are the appropriate reparation Forums.[31]
If God wills, our fine criminal and civil lawyers will join us as they bring expertise and resources into what Minister Farrakhan has called ”The Final Call”. We are therefore appealing to our Attorneys Johnny Cochran, Charles Ogletree, Ava Muhammad, Adjoa Aiyetoro, Chokwe Lumumba and Scruggs as well as our economist, sociologist, psychologist, educators and Congressional Black Caucus to join the African Reparations Tribunal because the domestic remedy is a dead remedy and I can prove it.
In Cato v. United States of American 70 F. 3d 1103. Two African-American Civil Rights activist attorneys, Ms Eva Jefferson Patterson and William Mc Neil, Committee for Civil Rights of The San Francisco Bay Area, brought the case forward of Jewel Cato and her family who along with the Patterson’s and Bobbi Tice Johnson, collectively called (“Cato”) filed a suit under the Federal Torts Claims Act. “Cato” claimed 100,000,000.00 (100 million dollars), in damages for forced ancestral indoctrination into a foreign society; kidnapping of ancestors from Africa; forced labor; breakup of families, removal of traditional values; deprivation of freedom and imposition of oppression, intimidation, miseducation and lack of information about various aspects of the indigenous character. (“Cato”) also requested that the court order an acknowledgement of the injustice of slavery in the United States and in the 13 American colonies between 1619 and 1865 as well as the existence of discrimination against freed slaves and their descendants from the end of the Civil War to the present. In addition, (“Cato”) seeks an apology from the United States.
The Federal District Court Judge [Saundra B. Armstrong, an outstanding African-American female judge] denied relief after acknowledging the inexcusable enslavement of the African, saying that although the complaint appeared to be patterned after the reparations authorized by Congress in the Japanese case, she did not have jurisdiction over the matter before her under the Federal Torts Claims Act. The Ninth Circuit Court of Appeals concurred with District Court holding, ruling that since the United States did not waive its sovereign immunity it cannot be sued. Moreover, the court said that it would not ignore the time limitations[32] or “Cato’s” argument analogizing this cause of action to the Indians claims on the basis of a state delay-based defense to the statutory limits. The court also said that there is no comparable basis of relief analogous to the Indians of this country. One of the most obvious reasons, besides the statute of limitation, that the district court dismissed the claims in “Cato” is that the plaintiffs in “Cato” were individuals. The good faith efforts of the plaintiffs in “Cato” and other plaintiffs around the country can only affect an individual remedy. The domestic court based legal approach is hardly the arena for reparations[33].
Similarly, the approach of John Conyers and the members of the Black Congressional caucus appear to be a similarly off-centered approach to actually being compensated because the Reparations Bill H.R. 40 only proposes the creation of a commission to study reparations. Our problem with that approach is that it is considerably weaker than H. R. 29 the 1867 Reparation bill authored by the Anglo-American Congressman Thaddeus Stevens. This bill already studied slavery from a view of those who lived it! [34]. “Four million persons have just been freed from a condition of dependence, wholly unacquainted with business transactions, kept systematically in ignorance of all their rights and of the common elements of education, without none of any race are competent to earn an honest living, to guard against the frauds which will always be practiced on the ignorant, or to judge of the most judicious manner of applying their labor”….The Honorable Thaddeus Stevens went on to say “They and their ancestors have toiled not for years, but for ages , without one farthing of recompense. They have earned for their master this very land and much more. Will not he who denies them compensation now be accursed, for he is an unjust man? . Four million Jews were held in bondage in Egypt. Their slavery was mild compared with the slavery inflicted by Christians. God through no pretended but a true Moses, led them out of bondage, as in our case through a Red Sea, at the cost, of the first born of every household of the oppressor. Did He advise them to take no remuneration for years of labor? No! He understood well what was due to justice. He commanded the men and the women to borrow from their confiding neighbors’ “jewels of silver and jewels of gold and raiment. They obeyed him amply, and spoiled the Egyptians, and sprang forth full handed. There was no blasphemer, whom God will bring to judgement.
Damn a study of reparations! Dr. King reminded us why we can’t wait[35]. Wasted lives, reminds us on a daily basis why we can‘t wait. Senator Daniel Inouye and Senator Akaka have introduced Bill 1783 of the 107th Congress seeking full detailed Native Hawaiian Sovereignty over their land, housing, schools and institutions. Likewise, the US –Puerto Rico Political status Act HR. 856 sponsored by House Republican Committee Chairman Don Young (R-Ark) makes outright claims for self-determination. We should expect that our congressional representatives be at least as strong as the Hawaiian and Puerto Rican Representatives. Albeit, in accord with the approach of Dr. Mahmoud Abass[36] that all roads lead to reparations, this studying approach appears to be a rather winding road. It is therefore suggested that the Congressional Black Caucus with the aid of the African-Reparations Tribunal write an additional bill binding Congress to the decisions made herein.
It is therefore with great pleasure that we unflinchingly pick up the banner of our fallen comrades as we seek self-determination under the laws of the United Nations.
All African-Americans over the age of 18 years whether in prison or otherwise of sound mind are asked to cast a vote for a Self-determination Plebiscite and Reparations Referendum with all speed and determinations.
Excerpted from: 396 Years- THE ANSWER to Reparations under International Law, copyright work of Dr. Mustafa Ansari . Copying is only permitted with the permission of SonghaiMedia Inc. 1548 13th Ave. Oakland, California 94606
The Ballot
Plebiscite
1. Do you wish to establish self-determination under International Laws?
q Yes
q No
2. Do you wish to be classified as an indigenous citizen?
q Yes
q No
Reparations Referendum
1. Do you want reparations from the United States and other countries for the injuries to your ancestors during slavery and the apartheid period?
q Yes
q No
[1] “The period that spanned the gap between the close of the war and the Civil Rights cases of 1883 defines a distinctive era in the history of black Americans. It opened with the collapse of the slave system and closed with a Supreme Court decision that killed Federal legislation designed to confer upon al lately emancipated people the political, civil and social that only free white Americans had enjoyed. The Right to Vote, The contested history of Democracy in the United States by Alexaander Kegaar .
[2] UN Press release August 6, 2001 The Subcommission on the Promotion and Protection of Human Rights adopted unanimously a resolution on recognition of responsibility and reparation for massive and flagrant violations of human rights which constituted crimes against humanity and took place during slavery and the colonial period.
[3] This conclusion is drawn from comparing the language of some deeply religious judges, like William Gasston of North Carolina, in cases such as State v. Will (a slave), 1 Dev. and Bat.121 (N.C.., 1834) with the views of men like Thornton Stringfellow, “ The Bible Argument: or, Slavery in the Light of Divine Revelation”, in Elliot, Cotton is King , Southern Slavery and the Law, Thomas D. Morris, notes to pages 51-56 , Sources of Southern Slave Law ; The Honorable David Walker, A free Black of whom Imam Waritheen Muhammad placed near the spiritual throne of Ezekiel in his brilliant 1830 spiritual analysis called the David Walker Appeals; See also the famous July 4th Independence speech by the Honorable Frederick Douglass.
[4] 92 U.S 214 (1876) The Fifteenth Amendment extends no positive guarantee of the franchise and does not “confer the right of suffrage upon anyone”.
[5] 92 U. S. 542 (1876)
[6] After the Supreme Court decision state legislators amended their constitutions back to the pre-civil war days to deprive the African of every conceivable civil liberty that a citizen possesses. The Constitutions of the slave holding South , by Don E. Fehrenbacher, University of Georgia Press.
[7] Brotherhood and Sisterhood, by Dr. Conrad Worrill , Chairman of the National Black United Front
[8] Plessy v. Ferguson 163 U.S. 537 (1896)
[9] Police brutality, racial profiling, poverty, fatalism, , excessive sentences, voting disenfranchisement under-education [and the inability to see the need of a good education] are the by-products of these cruel, inhumane, decisions.
[10]International Law and the Black Minority in the U.S. by Dr. Yusuf N. Kly. , Clarity Press. Dr. Kly is the preeminent African-American scholar on International law. He serves as the director of IHRAAM [International Human Rights Association for American Minorities] which has U.N consultative status as a Non-governmental organization. He has been instrumental in establishing the Internationally respected tribunal for the Canadian Indians See Publications of IHRAAM an UN affiliated agency behind the June 1998 Tribunals sponsoring Canadian Indian residential schools . www.oocities.org.Ihraam
[11] Dr. Yusuf N. Kly and Diana Kly In Pursuit of Self-determination, Clarity Press; Dr . Yusuf N. Kly A Popular Guide to Minority Rights ISBN 0932863-19-1
[12] A direct vote in which the entire electorate is invited to accept or reject a proposal. A vote in which a population exercises the right to self-determination. The American Heritage College dictionary, 3rd edition, Houghton Mifflin Company.
[13] The deaths and wasted lives of 30 generations of Africans in America are 50 times worst than the Holocaust and 75 times worst than the injuries caused to the Japanese.
[14] Indigenous internal self-determination is what the Native Americans enjoy over land, education, business and housing .What a Plebiscite would accomplish would be our human rights, i.e. mineral rights to this land, repatriation rights to African lands and minerals rights since America is a combination of Native American lands, African forced labor and the American colonial system. Currently, the Indians enjoy 57 million acres. Conversely, the offending African countries have extended repatriation and land rights to us as a collective people. See the Accra declaration, BBC News “Trillions demanded in Slave Reparations” , Lusaka Declaration , World Council of Churches, included the nations of Burkina Fasso, Lesotho, Malawi, Mozambique, Nigeria, Cameroon, Swaziland, Tanzania, Uganda, Togo and South Africa and the OAU’s Abuja Proclamation April 27, 1993 www.arm.arc.co.uk/abuja Proclamation Declaring our right to self determination would also give us the right to a seat in the African Union, United Nation and other various international and African organizations.
[15] Part of the Reparations remedy is Special Measures that says that a part of state responsibility for injuries is to enact special measures in their legislation to compensate for those injuries See Theo Van Boven Reparations under Internal law id. This is the international version of affirmative action for offending states.
[16] Under the Social Contract Theory, which is the theory most political Scientist agree is the underlying theory of the Declaration of Independence and the American Constitution, the people submit their free will in exchange for a representative government that will be the caretaker of inalienable rights, such as life , liberty and property. Second Treatise on Government, John Locke. The social contract theory is also accepted as international customary law and embodied in the Universal Declaration of Human Rights, The Convention of the Elimination of Racism, The Vienna Convention , The Draft on Indigenous People and the norms and customs of minority rights.
[17] An excellent critical introduction to the thought of Locke and Hobbes on slavery is David Brion Davis, Problem of Slavery in Western Culture . He points out some of the contradictions in Locke, for example, Locke wrote that “Slavery is so vile and miserable an Estate of Man , and so directly opposite to the generous Temper and courage of our Nation: that ’tis hardly to be conceived, that an Englishman, much less a gentleman, shoud plead for ‘t” Yet it was Locke who drafted the Fundamental Constitutions of Carolina, which provided that “every freeman of Carolina, shall have absolute power and authority over his negro slaves. . notes to pages 51-56 Sources of Southern Slave Law.
[18] This analysis excludes the Honorable Marcus Garvey, President of the United Negro Improvement Association , Honorable Elijah Muhammad, author of Message to the Blackman Al-Hajj Malik Shabazz, Martin Delaney, David Walker, author of the David Walker Appeals 1830 and Imam Jamil Abdul Al-Amin , author of Revolution by the Book. Since the publication of his book Imam Al-Amin (H. Rap Brown) has been wrongfully convicted of the murder of an Atlanta police officer. His case and that of Bros. Mumia, Mulata, Shakir and others must never be forgotten as they have strove for self-determination with their entire beings and souls. We are therefore in accord with No. 370 of the rights of indigenous People to self-determination which “Demand that all states immediately release all indigenous political prisoners. States must also recognize Indigenous justice systems and end discrimination in State criminal and civil justice systems.
[19] The Van Boven Report . In 1989 Theo Van Boven was commissioned by the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, Van Boven ‘Synthesized the content of reparation to include, restitution, compensation, rehabilitation, and satisfaction and guarantees of non-repetition. Restitution refers to measures such as restoration of liberty, family life, citizenship, return to one’s place of residence and return of property . International Law Obligations to Provide Reparations for Human Rights Abuses. By Tony Buti and Melissa Parke , Mudoch University School of Law. See also www.murdoch.edu.au/elaw/issues/v6n4/buti64_text.html
[20] 396 Years, The Answer to Reparations under International Law. Chapter 8 The Trillion dollar Economic effect of a Plebiscite. The right to access raw African diamonds, Gemstones, oil, agricultural land and ocean fronts with the technological ability to mechanize Africa into America and America into Africa.
[21] Alfredsson , Gudmundur “International Law, International Organizations and Indigenous Peoples.” 36 Journal of International Affairs 113
[22] The domestic jurisdiction rule is used by the United States to avoid Reparations claims under its domestic notions of , statute of limitations, sovereign immunity, standing , statutory construction and judicial interpretation
[23] The ICJ International Criminal Court, The International Court of Justice, The UN Security Council and the International Human Rights Commission are the forums that hear international legal disputes. The U.S. has failed to sign the Genocide convention, and The Convention for the elimination of racism. The US is nonetheless the signatory of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and has made internationally binding treaties with the Indians and is in the process of Congressionally binding plebiscites in Hawaii and Puerto Rico. More so, non- compliance of democratically derived UN Plebiscite can be appealed to the UN Security Council, which is the ultimate world stage.
[24] An international trust under the UN system will remedy the inherent failures that the Indians have suffered under a domestic trust system. See Self-determination: Indian and the United Nations. By J.L. Andress and J.E. Falkowski (1980) 8 American Indian Law Review 97
[25] IHRAAM, African-American Reparation Tribunal, N’Cobra, Nation of Islam, National Black United Front, Sabequn Movement, Black Israelites, Black Panthers, New Black Panthers, Marcus Garvey, Nat Turner, David Walker, Martin Delaney, Imam Jamil-Abdullah Al-Amin, Ribat of Muhammad Shareef[who have confederated and has already brought a petition to the world stage based on Internal self-determination, The Garveyites, and many others of African-American descent whom this vote will convey to the world their unending desire for self-determination.
[26] What’s your name boy, Toby of Kunta Kinte.? A famous line from “Roots” by Alex Haley
[27] Referendum: The Submission of a proposed Public measure or actual statute to a popular vote. American Heritage College dictionary , 3rd edition , Houghton Mifflin Company
[28] The African American Reparations Tribunal is modeled after the Australian Tribunal established for the repair of the Aborigines, the Truth and/or Reconciliation Tribunal in South Africa and the Canadian Indian Tribunal established by IHRAAM. The members of the Tribunal are the author Dr. Mustafa Ansari, Oakland, California , JD Chief Judge Atty. Musa Dan-Fodio J.D, Ph.D. , Atlanta, Georgia , Dr. Mahmoud Abass, Chicago, Illinois and Professor Kalimari , Atlanta , Georgia, and Consulting Ad Hoc Justice Dr. Yusuf Naim Kly, Professor Emeritus and Director Of IHRAAM a UN affiliate NGO [Non-governmental Organization with UN consultative status.
[29] The 2001 Convention on the Elimination of Racism, Xenophobia and intolerance said, “slavery was a crime against Humanity. This convention was signed by most of the countries of the world into International Law; with the glaring exception of the United States, Israel, Canada and Mexico. Countries with horrid civil rights and Human rights violations.
[30] ABC News On line, May 4, 2002, “Push for Reparations for Stolen Generations, ww.abc.net.au/news/2002/05/item20020504053141. “There are examples and models for this around the world, Canada, [Canadian aboriginal Healing Foundation] South African , New Zealand [The Waitang Tribunal ]and Australia. The Gullah-Geechee of Georgia and the Georgia Sea Islands
[31] Dr. Yusuf Naim Kly [IHRAAM] , N’Cobra, The Black World Conference (Atlanta , Georgia) MANA [Muslim Association of North America} and the Garveyites, council of elders have all endorsed the African-American Reparations Tribunal as the most appropriate forum.
[32] The United States Attorney additionally argued the six year time limitations of 28 USC 2401 (a) to argue that the court has no jurisdiction to consider the claims for historical events, such as the wrongs upon which “Cato” sues, that occurred during the times prior to the Civil was. See e.g. Japanese War Notes Claimants Association of the Philippines, Inc. v. United States, 373 F. 2d 356, 358, 178 CT. C.. cert. denied ; Hobri v. United States, 586 F. Supp 769D.D. C 1984) cert. denied 488 U. S. 925 (1988)
[33] Tommie Lee Bell, Jr. v. United States District Court No. 3:01CV-0338-D, 2001 U.S. Dist. LEXIS 14812 Plaintiff lacks standing to bring this action . When one “proceeds on a generalized, class-based grievance; [and] neither alleges, no suggests that he might claim, any conduct on the part of any specific official or as a result of any specific program that has run afoul of a constitutional or statutory right and caused him an injury standing is lacking. This court also referred to Cato v. United States, 70 F. 3d 1103,1107 (9th Cir.1195 and Jeanmarie v. United States, 242 F. 3d 600, 602 (5th Cir. 2001) by saying that generally the United States enjoys sovereign immunity from suit unless it has specifically waived immunity. In addition see the San Francisco Examiners , June 14, 2001 article by Allen C. Guelzo , Long, hard road ahead for reparations –With slaves and slaveholder long gone, any plan for restitution faces many hurdles.
[34] The Slave Reparation Bill Section 4 of H. R. 29 www.directblack action.co/rep_bills/steven_hr29.txt
[35] “Freedom is never voluntarily given by the oppressor , it must be demanded by the oppressed”, Dr. Martin Luther King. Cover of his book Why we Can’t Wait
[36] Dr. Mahmoud Abass [Charles Knox] is one of the founders of the Human of IHRAAM, the founder of Fred Hampton-Mark Clark School of Law and International Diplomacy, A Scholar of Peace and a Jurist on the African-American Reparations Tribunal.