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[Culture] [U.S. Imperialism] [Middle East] [ULK Issue 31]
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Movie Review: Zero Dark Thirty

zero dark thirty promo
Zero Dark Thirty
2012

This movie claims to chronicle the decade-long hunt for Osama bin Laden after the September 2001 attack, culminating in his death in May 2011. This is a hollywood film, so we can't expect an accurate documentary. But that doesn't really matter since the movie will represent what Amerikans think of when they picture the CIA's work in the Middle East. And what they get is a propaganda film glorifying Amerikan torture of prisoners, and depicting Pakistani people as violent and generally pretty stupid. From start to finish there is nothing of value in this movie, and a lot of harmful and misleading propaganda. The main message that revolutionaries should take from it revolves around government information gathering. From tracking phones to networks of people watching and following individuals, the government has extensive and sophisticated techniques at their disposal, and even the most cautious will have a very hard time avoiding even a small amount of government surveillance.

The plot focuses almost exclusively on a CIA agent, "Maya," who devoted her career to finding clues to Osama bin Laden's whereabouts. Early in the film there are a lot of graphic scenes of prisoners being tortured to get information, including waterboarding, beatings, cages, and food and sleep deprivation. Maya is bothered by the torture initially, but quickly adapts and joins in the interrogations. The movie is very pro-torture, showing critical information coming from every single tortured prisoner, ignoring the fact that so many prisoners held in Amerikan detention facilities after 9/11 were never charged, committed no crimes, and had no information. Throughout the film there are constant digs against Obama's ban on torture as a method of extracting information in 2009. Ironically, in the movie the CIA still found Osama bin Laden, using no torture after the ban. But we're left understanding that it would have been much easier if the CIA still had free reign with prisoners.

Although Zero Dark Thirty portrays Obama as soft on terror and a hindrance to the CIA's work, we should not be fooled into thinking that the U.$. government has really ended the use of torture. While we have no clear information about what goes on in interrogation cells in other countries, we know that right here in U.$. prisons, torture is used daily. And this domestic torture is usually not even focused on getting information, it's either sadistic entertainment for prison staff or punishment for political organizing. In one example of this, a USW comrade who wrote about Amerikan prison control units died shortly after his article was printed, under suspicious circumstances in Attica Correctional Facility.

Banning certain interrogation techniques, even if that ban is actually enforced in the Third World, is just an attempt to put makeup on the hideous face of imperialism. Even if no Amerikan citizen ever practices torture on Third World peoples (something we know isn't true), the fact is that the United $tates prefers to pay proxies to carry out its dirty work anyway. Torture, military actions, rape, theft, etc., can all be done at a safe distance by paying neo-colonial armies and groups to work on behalf of the Amerikan government.

Whether actions are carried out by Navy SEALs, CIA agents, or proxy armies and individuals, Amerikan imperialism is working hard to keep the majority of the world's people under control and available for exploitation. The death of bin Laden is portrayed as a big victory in Zero Dark Thirty, but for the majority of the world's people this was just one more example of Amerikan militarism, a system that works against the material interests of most people in the world.

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[Education] [National Oppression] [ULK Issue 30]
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Affirmative Action Battle Fails Oppressed Nation Youth

incarceration not education
On November 15, 2012 Michigan's ban on affirmative action in college admissions was declared unconstitutional in federal appeals court. This strikes down a 2006 constitutional amendment prohibiting the use of race as a factor to determine which students to admit to college. While bans on affirmative action are fundamentally reactionary in preserving white privilege, this was a weak legal victory for school integration. The justices did not cite the need for equal access to education for all people in their reasoning, but rather struck down the ban because it presents a burden to opponents who must fight it through the ballot box, because this is a costly and time consuming activity. This "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," according to the majority opinion of the 6th U.S. Circuit Court of Appeals in Cincinnati. The courts determined they would rather leave this debate over affirmative action to the governing boards of the public universities.(1)

A similar law in California was upheld by the 9th U.S. Circuit Court of Appeals, leaving conflicting legal rulings for different parts of the country. It is likely that these cases will move to the Supreme Court. Six states besides Michigan have banned affirmative action in school admissions: Washington, Nebraska, Arizona, New Hampshire, California and Florida.

Debates over affirmative action in Amerika provide revolutionaries with an opportunity to talk about the history of national oppression and the reality of ongoing oppression today. But we need to be careful not to get caught up in the details of affirmative action alone. Based on college admissions information and population statistics, in recent years oppressed nations are actually attending college at rates that are approaching those of their white counterparts. But the story missing here is what's happening to the rest of the Blacks and Latinos who don't attend college, as well as which colleges each nation is attending. Affirmative action would impact the latter problem, but has no affect on the close to 50% of Black and Latino students who don't make it to high school graduation.

From 1976 to 2010, the percentage of Latino college students rose from 3 percent to 13 percent, and the percentage of Black college students rose from 9 percent to 14 percent. During the same period, the percentage of white college students fell from 83 percent to 61 percent. As the table below shows, the percent of Blacks and Latinos in the college student body overall in the U.$. is approaching their representation in the population.(2)

Nation1976 % of student body2010 % of student body2010 % of population (age 18-24)
white83%61%60%
Black9%14%15%
Latino3%13%18%

Another relevant measure of college education equality is the percentage of 18-24-year-olds enrolled in college. For 2008 the rates by nationality were(3):

"Race"2008 % w/college education(age 18-24)
white44.2%
Black32.1%
Hispanic25.8%

Clearly there are still wide disparities in educational access as well as the degrees that oppressed nation students are achieving relative to their white counterparts. And a long history of differential college education leads to population statistics that reflect the overall lower educational achievement of oppressed nations. The table below shows the percent of the population with each degree by nationality.(3) The total percentages of each nation with a college degree should get closer together if oppressed nation enrollment continues to approach the population distribution. But that won't necessarily result in the same levels of education achieved.

"Race"Associate'sBachelor'sMaster'sProfessional degree
white9.3%21.1%8.4%3.1%
Black8.9%13.6%4.9%1.3%
Hispanic6.1%9.4%2.9%1.0%

The debate over affirmative action at the college level gets at the core of what equality is. Those who demand "blind" admissions practices have to pretend that everyone applying for college admissions had equal opportunities up to the point of college application. And this gives us a chance to challenge people on what many like to call a "color-blind" society. Even looking at the privileged Blacks and Latinos who went to schools good enough to qualify them to apply for college admission, pretending equality is only possible if we ignore all the aspects of oppression that these groups face in the U.$., from overt racial hatred to subtle cultural messages of inferiority. Society sets oppressed nation youth up for failure from birth, with TV and movies portraying criminals as Black and Latino and successful corporate employees as white. These youth are stopped by cops on the streets for the offense of skin color alone, looked at suspiciously in stores, and presumed to be less intelligent in school.

But the real problem is not the privileged Black and Latino students qualified to apply for college admission. These individual students from oppressed nations who are able to achieve enough to apply to colleges that have admissions requirements are a part of the petty bourgeoisie. The reality is very different for the other half of the oppressed nation youth who are tracked right out of college from first grade (or before) and have no chance of even attending a college that has admissions requirements beyond a high school diploma.

Among the students who entered high school in ninth grade, 63% of Latinos, 59% of Blacks and 53% of First Nations graduated high school in 2009. This is compared to 81% of Asians and 79% of whites. Overall the Black-white and Latino-white graduation rate gap narrowed between 1999 and 2009 but is still very large.(4)

Prison if you can't learn

Few statistics are gathered on drop out rates between first grade and ninth grade, but state-based information suggests that middle school drop out rates are high. These no doubt reflect the differentials by nationality, leading to an even higher overall drop out rate for oppressed nations. It is almost certain that fewer than half of Blacks and Latinos who enter grade school complete 12th grade with a diploma. And the students who do graduate come away with an education so inferior that many are not qualified for college. On average, Black and Latino high school seniors perform math and read at the same level as 13-year-old white students.(5) This is not preparation sufficient for competitive college applications.

History of Amerikan School Segregation

The history of segregation in Amerikan schools mirrors the history of segregation and national oppression in the country as a whole. Access to education is a core value that Amerikans claim to embrace. While harshly criticizing the idea of free health care or other government-sponsored services, eliminating free education is a concept only a small group of Amerikans openly advocate. But equal access to K-12 education is an idea that has never been reality for the oppressed nations within the United $nakes. And the differentials in education are so stark that it is virtually impossible for those attending the segregated and inferior schools reserved for Amerika's oppressed nations to overcome these years of training and lack of good schooling to participate and compete as adults in the workforce.

In the late 1950s, after the landmark Supreme Court Brown vs. Board of Education ruling, Amerikan public schools took significant steps towards desegregation. Through the late 1980s, with the use of bussing and other policies, the proportion of Black and Latino students in majority white schools increased and opportunities for education opened up to many oppressed nation youth. But during the 1990s this progress began to reverse and the trend has continued so that today segregation in public schools is worse than it was in the 1960s.

This re-segregation is the result of government rollbacks in federal programs, Supreme Court limitations on desegregation, and active dismantling of integration programs. Essentially, the government determined that desegregation requirements could be ignored. This was partly due to shifting political winds, but MIM(Prisons) looks at the timeline for this re-segregation and finds no surprise that the timing coincides with the crushing of the national liberation movements within U.$. borders in the 1970s. As the public outcry against national oppression receded, with leaders either dead or locked up, and guns and drugs circulating widely to distract the lumpen, the re-segregation of schools was a logical result. And this segregation of schools is among the most obvious aspects of the ongoing national segregation within U.$. borders.

Jonathan Kozol, in his book Segregation in Education: The Shame of the Nation, cites school after school, across the country, with atrocious facilities, in dangerous and unhealthy buildings, insufficient space, non-functioning utilities, and lack of educational materials, serving almost exclusively Black and Latino students. Many of these youth drop out of school before graduating high school. White families flee the school districts or send their kids to private schools. School "choice" has enabled greater segregation by offering options to these white kids that the oppressed nation students can't take advantage of. While "choice" is theoretically open to everyone, it is the wealthy white families who learn about the opportunities for the best schools from their neighbors, friends and co-workers, and who know how to navigate the complexities of the application process. And often knowing someone within the school helps to get their kids admitted to the schools with particularly high demand.(6)

The government reaction to the falling skills and education of segregated schools has been to implement "standards" and "tests" and "discipline" that they pretend will make these schools separate but equal. Yet no progress is seen, and the conditions in these schools continues to worsen. The changes in requirements for underfunded and predominantly Black and Latino schools has resulted in two very different education systems: one for whites which includes cultural classes in art, drama and music, time for recess, and classes that allow for student creativity; and another for oppressed nationalities that includes strict military-like discipline, long school days with no recess, rigid curriculum that teaches to very limited standards, elimination of "fluff" classes like art and music, all taught in severely limited facilities with enormous class sizes. This divergence between the school districts reinforces segregation as white parents can see clearly what their kids miss out on (and are forced to participate in) when they don't attend "white" schools.

According to Kozol, "Thirty-five out of 48 states spend less on students in school districts with the highest numbers of minority children than on students in the districts with the fewest children of minorities. Nationwide, the average differential is about $1,100 for each child. In some states — New York, Texas, Illinois, and Kansas for example — the differential is considerably larger. In New York... it is close to $2,200 for each child." If these numbers are multiplied out to the classroom level, typical classroom funding for low income schools is on the magnitude of $30k to $60k less than for high income classes. At a school level these financial differences are staggering: a 400 student elementary school in New York "receives more than $1 million less per year than schools of the same size in districts with the fewest numbers of poor children."(7) There is an even greater differential when low income oppressed nation districts are separated from low income white districts. There are a few low income white districts but they get more funding than low income oppressed nation districts and so pull up the average funding of low income districts overall.

The achievement gap between Black and white children went down between the Brown v Board of Education ruling and the late 1980s. But it started to grow again in the early 1990s. By 2005, in about half the high schools (those with the largest concentration of Blacks and Latinos) in the 100 largest districts in the country less than half the students entering the schools in ninth grade were graduating high school. Between 1993 and 2002 the number of high schools with this problem increased by 75%. These numbers, not surprisingly, coincide with a drop in Black and Latino enrollment in public universities.(8)

Kozol ties the history of re-segregation back to a U.S. Supreme Court ruling on March 21, 1973, (Edgewood Independent School District v. Kirby) when the Court overruled a Texas district court finding that inequalities in districts' abilities to finance education are unconstitutional. This was a key class action law suit, in which a very poor non-white neighborhood argued that their high property taxes were insufficient to provide their kids with adequate education while a neighboring rich white district with lower property taxes was able to spend more than twice the amount on students. In the Supreme Court decision Justice Lewis Powell wrote "The argument here is not that the children in districts having relatively low assessable property values are receiving no public education; rather, it is that they are receiving a poorer quality education than available to children in districts having more assessable wealth." And so he argued that "the Equal Protection Clause does not require absolute equality."(9) This means states are not required to provide funds to help equalize the educational access of poorer people. And because of the tremendous segregation in schools, these poorer students are generally Black and Latino.

Ongoing Reality of School Segregation Today

The Civil Rights Project at UCLA does a lot of research on segregation in education in the United $tates. In a September 19, 2012 report they provide some statistics that underscore the growing segregation in public schools.(10) This segregation is particularly dramatic in the border states and the south, and segregation is especially severe in the largest metropolitan areas. They note that desegregation efforts between the 1960s to the late 1980s led to significant achievements in addressing both segregation itself and racial achievement gaps, but the trend reversed after a 1991 Supreme Court ruling (Board of Education of Oklahoma City v. Dowell) that made it easier to abandon desegregation efforts.(11)

Key facts from the Civil Rights Project 2012 report include:

  1. "In the early 1990s, the average Latino and black student attended a school where roughly a third of students were low income (as measured by free and reduced price lunch eligibility), but now attend schools where low income students account for nearly two-thirds of their classmates."
  2. "There is a very strong relationship between the percent of Latino students in a school and the percent of low income students. On a scale in which 1.0 would be a perfect relationship, the correlation is a high .71. The same figure is lower, but still high, for black students (.53). Many minority-segregated schools serve both black and Latino students. The correlation between the combined percentages of these underserved two groups and the percent of poor children is a dismaying .85."
  3. In spite of the suburbanization of nonwhite families, 80% of Latino students and 74% of Black students attend majority nonwhite schools (50-100% oppressed nations). Out of those attending these nonwhite schools, 43% of Latinos and 38% of Blacks attend intensely segregated schools (those with only 0-10% of whites students). And another segment of these segregated students, 15% of Black students, and 14% of Latino students, attend "apartheid schools", where whites make up 0 to 1% of the enrollment.
  4. "Latino students in nearly every region have experienced steadily rising levels of concentration in intensely segregated minority settings. In the West, the share of Latino students in such settings has increased fourfold, from 12% in 1968 to 43% in 2009... Exposure to white students for the average Latino student has decreased dramatically over the years for every Western state, particularly in California, where the average Latino student had 54.5% white peers in 1970 but only 16.5% in 2009."
  5. "Though whites make up just over half of the [U.S. school] enrollment, the typical white student attends a school where three-quarters of their peers are white."

The overwhelming evidence that school segregation continues and even grows without concerted efforts around integration provides evidence of the ongoing segregation between nations overall within the United $tates. Even with residential patterns shifting and neighborhoods integrating different nationalities, families still find ways to segregate their children in schools.

The dramatic school segregation in the United $tates points to both a national and class division in this country. First there is the obvious national division that is reinforced by school segregation, which places whites in a position of dramatic privilege relative to Blacks and Latinos. This privilege extends to poorer whites, underscoring the overall position of the oppressor nation. But there is also a class division within the oppressed nations in the United $tates. The education statistics put about half of oppressed nation youth tracked into the lower class, while the other half can expect to join the petit bourgeoisie which constitutes the vast majority of the Amerikan population. Our class analysis of Amerikan society clearly demonstrates that even the lower class Blacks and Latinos are not a part of the proletariat. But a portion of these undereducated youth are forced into the lumpen class, a group defined by their exclusion from participation in the capitalist system. Future articles will explore the size and role of this lumpen class.

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[National Oppression] [ULK Issue 27]
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Trayvon Martin National Oppression Debate

George Zimmerman
George Zimmerman
In a letter from a long-time reader of Under Lock & Key we received an interesting criticism of the general political movement around the shooting of unarmed Black youth, Trayvon Martin. While he did not criticize MIM(Prisons) directly, some of the comments apply to the the article by cipactli on Trayvon Martin printed in ULK 26 which he had not yet seen when he sent the letter. One of the main points of criticism is based on Zimmerman being half Latino — a point that cipactli's article does not address. The article in ULK 26 identifies Zimmerman with white supremacists. This is a correct categorization of his actions which manifest the results of a lifetime of racist education, but there is a more subtle point to be made about race and national oppression when these crimes are oppressed nation on oppressed nation.

There are some fundamental points on which we disagree with the reader's critique. He writes that "it's long past time for us all to stop speaking in the terms of the racist color codes used to identify human beings like any other commodity in order to facilitate marketing and manipulation." We see the national contradiction as alive and strong within the imperialist United $tates, and it is certainly possible for one oppressed nation to participate in the oppression of another. In fact, it is possible for individual Blacks to rise to positions of power within the imperialist state and help repress the Black Nation as a whole. Barack Obama is an obvious example of this. Those comprador individuals from oppressed nations who want power and wealth, even at the expense of their nation, do not provide evidence that we can move beyond the national contradiction which is what drives attitudes and practices of racism.

As we explained in ULK 26, the national contradiction is still principal in Amerika today. While not called out in the letter, underlying our disagreement on nation is a disagreement on class: MIM(Prisons) sees clearly that the vast majority of Amerikan citizens are not part of the proletariat. Their material benefits from imperialism have put them squarely within the exploiter class.

Every persyn in this country sees the stereotypes of Black youth as hoodlums, dangerous and destined for prison. Zimmerman is no different. And so it is a result of national oppression that unarmed Black youth can be killed by cops and vigilantes while the imperialist state does nothing. Studies have shown that Amerikans (of all nationalities), when asked to identify or imagine a drug criminal, overwhelmingly picture a Black person. This is statistically inaccurate: they should be picturing a white youth. (See our review of The New Jim Crow for more on this topic).

The state would prefer that oppressed nation youth kill each other, as this is a more efficient approach for the state and it helps reinforce the stereotypes about the dangerous hoodlums who must be locked away. By hesitating to pursue Zimmerman for the death of Martin the state is treating him more as a white man than a Latino.

This reader criticizes the many people who have come out to demand "Justice for Trayvon" but didn't step up when Oscar Grant was murdered by police officer Johannes Mehserle. "A cold-blooded execution that met all the elements required to convict Mehserle of premeditated murder beyond a shadow of a doubt! A murder for which he only served one year! Where's the hue and cry for Mehserle's blood!" This is a fine argument, but one which again underscores the national oppression in Amerika which leads to racist stereotypes of Blacks (and other nationalities) that results in racial profiling and police brutality targeting these groups.(1)

The reader concludes with some good points about the criminal injustice system, "After being railroaded into prison for a crime the police committed, I've learned that nearly a third of my fellow prisoners are innocent, with another third convicted by unlawful police and prosecutorial tactics. All of you out there are just one arrest away from the horror show that is justice in America. You don't have to do anything, except be in the wrong place at the wrong time and, then, even white privilege won't save your ass!" But the reality is, if you are in the wrong place at the wrong time and you are Black you are significantly more likely to get thrown in prison or killed. A recent report by the Malcolm X Grassroots Movement cited at least 110 Black people killed by Amerikan cops and security in the first half of 2012.(2) This is in a country where the FBI reports around 400 police killings each year, total!(3) Just as Blacks are about half the prison population in a country where they make up 12% of the population, they appear to also be about half the police killings. So in fact white privilege is alive and well. It doesn't work for everyone, the injustice system rounds up plenty of whites, but disproportionately Blacks, Latinos and First Nations are victims. This is a statistical truth that is not disproved by individual incidents that are exceptions to the rule. Statistics and thinking at the group level are important requirements for a scientific analysis of society, which in turn is necessary to transform our reality.


2. Report on Black People Executed without Trial by Police, Security Guards and Self-Appointed Law Enforcers January 1 – June 30, 2012. Malcolm X Grassroots Movement.
3. Kevin Johnson. FBI: Justifiable homicides at highest in more than a decade, 15 October 2008. USA Today.

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[National Oppression] [Spanish] [ULK Issue 26]
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Los Estados Unidos Sigue Siendo #1 en las Cifras de Encarcelamiento y la Injusticia Penal

En diciembre de 2011, la Oficina de Estadísticas de Justicia dio a conocer sus informes anuales sobre la población penitenciaria en los Estados Unidos.(1) Los informes se refieren a personas mayores de edad bajo la supervisión correccional del año 2010. Por segundo año consecutivo, esta población ha disminuido; este fue el primer descenso desde la década de 1970 cuando el numero de presos en la cárcel empezó a crecer significativamente. A finales de diciembre de 2010, el número total de personas en el sistema penitenciario, incluyendo aquellos bajo libertad condicional, y aquellos en la cárcel, fue 7.076.200. La población carcelaria en este país cayó 0.6% a partir de 2009, el primer descenso desde 1972. El número de presos federales en realidad aumentó un 0.8%, pero la población carcelaria del estado se redujo por la misma tasa. Debido a que hay más presos estatales que presos federales, hubo una caída general en las tasa de encarcelamiento.

Las tasas de encarcelamiento por causa de convicciones penales nuevas han ido disminuyendo desde 2007. No obstante este ha sido el primer año que las cifras de liberaciones han excedido el numero de nuevos presos ingresos, lo que mantiene la población carcelaria casi igual. Sin embargo, las tasas de liberación se redujeron un 2.9% en 2010, por lo que estos números no reflejan un aumento en liberaciones. De hecho, el tiempo servido por presos estatales siguió siendo el mismo.

Estas últimas cifras pueden indicar que la población carcelaria ha llegado finalmente a su punto álgido en Amerika, posiblemente debido a la pesada carga económica de mantener una infraestructura masiva de injusticia criminal en este país. Pero incluso si las tasas de encarcelamiento siguieran disminuyendo, tomará muchos años y contará con cambios enormes antes de que las tasas lleguen a ser lo suficientemente bajas para ser comparables a otros países. Los Estados Unidos tiene más de un 30% de las personas encarceladas en el mundo y tiene la mayor tasa de encarcelamiento en el mundo. (2)

El informe ofrece dos posibles explicaciones para la caída de la población carcelaria en los Estados Unidos: “Ya sea una disminución en la probabilidad de una pena de prisión, o condena dada, o una disminución en el número de condenas.” Por desgracia, los datos sobre estas medidas todavía no están disponibles, pero cualquiera de ellos sería una buena cosa para lograr. Sin embargo, como se mencionó anteriormente, es probable que estos cambios sean el resultado de las necesidades financieras y no un cambio en la política en torno a la prisión y el encarcelamiento.

Hay algunas tendencias interesantes que demuestran la nacionalidad por parte de un compromiso continuo con la opresión nacional por el sistema de injusticia criminal en Amerika. Negros y blancos ambos han sentido una caída en las tasas de encarcelamiento, pero la disminución de los blancos (6.2%) fue mucho mayor que aquel de los negros (0.85%). En los últimos años los inmigrantes han sido la población de más rápido crecimiento en las cárceles de los Estados Unidos. Mientras que el 2010 vio un aumento de 7.3% en las tasas de “hispanos” en la cárcel, indocumentados vieron una ligera disminución en sus cifras de encarcelamiento, probamente debido a un aumento masivo de deportaciones. Los hombres negros siguen componiendo el sector mayor de la población carcelaria y son encarcelados casi 7 veces más que hombres blancos.


Notas:
1. Prisoners in 2010, Correctional Population in the United States, 2010. Bureau of Justice Statistics, Published December 2011. http://bjs.ojp.usdoj.gov/
2. World Prison Population List, Eighth ed. National Institute of Corrections, Published 2009. http://nicic.gov/Library/022140

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[Culture] [ULK Issue 29]
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Movie Review: The Hunger Games

debriefing beating

The Hunger Games
2012

Hunger Games is set in Panem, a society that, it is implied, rose from the postwar ashes of north America, and now consists of The Capitol and the 12 fenced off satellite Districts. Many of these Districts produce wealth for the Capitol while their people live in poverty. There is apparently no national oppression (most people are white), but class contradictions are sharp. The Hunger Games are annual fights to the death by two kids representing each of the Districts. In the wealthier districts, kids train for this and consider being picked a privilege. In the poorer districts families are forced to sell their kids into the hunger games in exchange for food required for bare survival.

Katniss Everdeen is from the mining District 12 where her father, and many other miners, lose their lives producing wealth they will never see. She volunteers to take her younger sister's place for the annual hunger games match.

The Hunger Games are broadcast live as reality programming. The Games are meant to remind the people of the power of the government. This brutal form of reality entertainment serves to keep the people of the districts distracted and obedient. Out of 24 participants, only one child lives.

This movie is part one of a trilogy. The books get much deeper into the politics of oppression, even in the first volume. But as a broad representation of the first book, the movie gets at the general system and has a correct message of resistance. Katniss refuses to play the game the way the Capitol organizers intend, inadvertently earning the support and respect of other Districts and inspiring resistance against the Capitol.

In one scene she pauses to pay tribute to a fallen child from another district who was working with her. In the end [spoiler alert] Katniss commits the ultimate snub against the Games, refusing to play to the death. She manages to outsmart the organizers but all she wins is the right to go home a celebrity of dubious distinction for staying alive.

There are some good lessons from this Hunger Games movie. The importance of unity across oppressed people in the common cause against the oppressors is reinforced both in the individual alliances and the cross-district support of Katniss. The movie also demonstrates the brutality and distraction techniques of the ruling class and their willingness to stop at nothing to retain their power. There is an interesting subplot about the two main characters from District 12 pretending a love interest as a survival technique to get the support of "sponsors": wealthy people who can pay to provide advantages to their favorite players. Using whatever means available for resistance is important for the oppressed, though the actual romance in the movie dilutes this message.

The movie is adapted from the first of a trilogy of books but some of the politics of the books are already quite muted in the movie and it will remain to be seen how well the sequels represent the struggles of the oppressed.

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[National Oppression] [ULK Issue 25]
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U.$. Still #1 in Imprisonment and Criminal Injustice


In December 2011, the Bureau of Justice Statistics released its annual reports on the correctional population in the United $tates.(1) The reports cover people under adult correctional supervision in 2010. For the second year in a row, this population declined; the first decline since the number of people in jail and prison began growing in the 1970s.

At the end of December 2010, the total number of people in the correctional system, including probation, parole, prison and jail, was 7,076,200. The prison population in this country dropped .6% from 2009, the first decline since 1972. The number of federal prisoners actually increased by .8% but the state prison population dropped by that same rate. Because there are more state prisoners than federal prisoners, there was a drop overall.

The imprisonment rate for new convictions has been declining since 2007, but this is the first year releases exceeded admissions of prisoners, leading to the small drop in the prison population. But release rates were down 2.9% in 2010, so these numbers don't reflect an increase in releases. In fact, time served by state prisoners remained about the same.

These latest numbers may indicate that the prison population has finally reached its peak in Amerika, possibly because of the heavy economic burden of maintaining such a massive criminal injustice infrastructure in this country. But even if the imprisonment rate continues to drop, it will take many years and huge changes before it gets low enough to be comparable to other countries. The U.$. holds over 30% of the world's imprisoned people and has the highest imprisonment rate in the world.(2)

The report gives two possible explanations for the drop in prison population in the United $tates: "either a decrease in the probability of a prison sentence, given conviction, or a decrease in the number of convictions." Unfortunately, data on these measures are not yet available but either would be a good thing. However, as mentioned above, it is likely these changes are a result of financial requirements, not a shift in politics around imprisonment.

There are some interesting trends by nationality demonstrating a continued commitment to national oppression by the criminal injustice system in Amerika. Blacks and whites both had a drop in imprisonment rates, but the decrease for whites (6.2%) was much bigger than for Blacks (.85%). In recent years migrants have been the fastest growing population in U.$. prisons. While 2010 saw a 7.3% increase in the "Hispanic" imprisonment rate, non-citizens actually saw a slight decrease, probably due to a massive increase in deportations. Black men remain the largest sector of the prison population and are imprisoned at a rate almost 7 times white men.


Notes:
1. Prisoners in 2010, Correctional Population in the United States, 2010. Bureau of Justice Statistics, Published December 2011. http://bjs.ojp.usdoj.gov/
2. World Prison Population List, Eighth ed. National Institute of Corrections, Published 2009. http://nicic.gov/Library/022140

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[National Oppression] [Theory] [ULK Issue 24]
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Book Review: The New Jim Crow

The New Jim Crow


The New Jim Crow: Mass Incarceration in the Age of Colorblindness
by Michelle Alexander
2010, The New Press, New York

As a whole, this is a very useful book for anyone interested in understanding the criminal injustice system. It is an excellent aggregation of facts about every aspect of the system - incarceration, policing, the drug war, the courts - making a scientific case that this is really a system for social control of oppressed nations within U.$. borders. Where Alexander falls short is in her analysis of how this fits into society in the broader context. She doesn't actually name national oppression, though certainly this book is clear evidence for the existence of something more than just an attitude of racism. She doesn't take on the question of why Amerikan capitalism would want such an extensive system of prison social control. As a result, her solutions are reformist at best.

Prisons as a Tool of National Oppression

Starting with the history of Amerikan prisons, Alexander explains how the relatively low and stable incarceration rate in this country changed after the civil rights movement which the government labeled criminal and used as an excuse to "get tough on crime" and increase incarceration.(p. 41) It was actually the revolutionary nationalist movements of the 60s and 70s, most notably the Black Panther Party, which terrified the Amerikan government and led to mass incarceration, murder, brutality and infiltration to try to destroy these revolutionary groups. Alexander's failure to mention these movements is symptomatic of a missing piece throughout the book - an understanding of the importance of revolutionary nationalism.

This book does an excellent job exposing the war on drugs as a farce that is only really concerned with social control. Although studies show that the majority of drug users are white, 3/4 of people locked up for drug crimes are Black or Latino.(p. 96) Further, statistics show that violent crime rates are unrelated to imprisonment rates.(p. 99) So when people say they are locking up "criminals" what they mean is they are locking up people who Amerikan society has decided are "criminals" just because of their nation of birth.

To her credit, Alexander does call out Nixon and his cronies for their appeal to the white working class in the name of racism, under the guise of law and order, because this group felt their privileges were threatened.(p. 45) And she recognizes this underlying current of white support for the criminal injustice system for a variety of reasons related to what we call national privilege. But this book doesn't spend much time on the historical relations between the privileged white nation and the oppressed nations. J. Sakai's book Settlers: The Mythology of the White Proletariat does a much better job of that.

Alexander argues that Amerikans, for the most part, oppose overt racial bias. But instead we have developed a culture of covert bias that substitutes words like "criminal" for "Black" and then discriminates freely. This bias is what fuels the unequal policing, sentencing rates, prison treatment, and life after release for Blacks and Latinos in Amerika. Studies have shown that Amerikans (both Black and white) when asked to identify or imagine a drug criminal overwhelmingly picture a Black person.(p. 104) So although this is statistically inaccurate (they should be picturing a white youth), this is the culture Amerika condones. Even this thin veil over outright racism is a relatively new development in Amerika's long history as a pioneer in the ideology of racism. (see Labor Aristocracy, Mass Base of Social Democracy by H.W. Edwards)

"More African American adults are under correctional control today - in prison or jail, on probation or parole - than were enslaved in 1850, a decade before the Civil War began."(p. 175) It is this national oppression that leads Alexander to draw the parallel that is the source of the book's title: prisons are the new Jim Crow. She recognizes that prisons are not slavery, but that instead prisons are a legal way to systematically oppress whole groups of people. While she focuses on Blacks in this book she does note that the same conditions apply to Latinos in this country.

The Role of the Police

Alexander addresses each aspect of the criminal injustice system, demonstrating how it has developed into a tool to lock up Black and Brown people. Starting with the police system she notes that the courts have virtually eliminated Fourth Amendment protections against random police searches, which has led to scatter shot searches. By sheer volume yield some arrests.(p. 67) These searches are done at the discretion of the police, who are free to discriminate in the neighborhoods they choose to terrorize. This discretion has led to systematic searches of people living in ghettos but no harassment of frat parties or suburban homes and schools where statistics show the cops would actually have an even better chance of finding drugs. In reality, when drug arrests increase it is not a sign of increased drug activity, just an increase in police activity.(p. 76)

Law enforcement agencies were encouraged to participate in the drug war with huge financial incentives from the federal government as well as equipment and training. This led to the militarization of the police in the 1990s.(p. 74) Federal funding is directly linked to the number of drug arrests that are made, and police were granted the right to keep cash and assets seized in the drug war.(p. 77) These two factors strongly rewarded police departments for their participation.

Asset seizure laws emphasize the lack of interest by the government and police in imprisoning drug dealers or kingpins, despite drug war propaganda claims to the contrary. Those with assets are allowed to buy their freedom while small time users with few assets to trade are subjected to lengthy prison terms. Alexander cites examples of payments of $50k cutting an average of 6.3 years from a sentence in Massachusetts.(p. 78)

Bias in the Courts

Taking on the court system, Alexander points out that most people are not represented by adequate legal council, if they have a lawyer at all, since the war on drugs has focused on poor people. And as a result, most people end up pleading out rather than going to trial. The prosecution is granted broad authority to charge people with whatever crimes they like, and so they can make the list of charges appear to carry a long sentence suggesting that someone would do well to accept a "lesser" plea bargained deal, even if the likelihood of getting a conviction on some of the charges is very low.

"The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without much regard for their guilt or innocence. The police are allowed by the courts to conduct fishing expeditions for drugs on streets and freeways based on nothing more than a hunch. Homes may be searched for drugs based on a tip from an unreliable, confidential informant who is trading the information for money or to escape prison time. And once swept inside the system, people are often denied attorneys or meaningful representation and pressured into plea bargains by the threat of unbelievably harsh sentences - sentences for minor drug crimes that are higher than many countries impose on convicted murderers."(p. 88)

After allowing discretion in areas that ensure biased arrests, trials and sentences, the courts shut off any ability for people to challenge inherent racial bias in the system. The Supreme Court ruled that there must be overt statements by the prosecutor or jury to consider racial bias under the constitution. But prosecutorial discretion leads to disproportionate treatment of cases by race.

Further discretion in dismissing jurors, selective policing, and sentencing all lead to systematically different treatment for Blacks and Latinos relative to whites. This can be demonstrated easily enough with a look at the numbers. Sophisticated studies controlling for all other possible variables consistently show this bias. But a 2001 Supreme Court ruling determined that racial profiling cases can only be initiated by the government. "The legal rules adopted by the Supreme Court guarantee that those who find themselves locked up and permanently locked out due to the drug war are overwhelmingly black and brown."(p. 136)

Release from Prison but a Lifetime of Oppression

This book goes beyond the system of incarceration to look at the impact on prisoners who are released as well as on their families and communities. Alexander paints a picture that is fundamentally devastating to the Black community.

She outlines how housing discrimination against former felons prevents them from getting Section 8 housing when this is a group most likely to be in need of housing assistance. Public housing can reject applicants based on arrests even if there was no conviction. This lack of subsidized or publicly funded housing is compounded by the unavailability of jobs to people convicted of crimes, as a common question on job applications is used to reject these folks. "Nearly one-third of young black men in the United States today are out of work. The jobless rate for young black male dropouts, including those incarcerated, is a staggering 65 percent."(p. 149)

"Nationwide, nearly seven out of eight people living in high-poverty urban areas are members of a minority group."(p. 191) A standard condition of parole is a promise not to associate with felons, a virtual impossibility when released back into a community that is riddled with former felons.

"Today a criminal freed from prison has scarcely more rights, and arguably less respect, than a freed slave or a black person living 'free' in Mississippi at the height of Jim Crow. Those released from prison on parole can be stopped and searched by the police for any reason - or no reason at all - and returned to prison for the most minor of infractions, such as failing to attend a meeting with a parole officer. Even when released from the system's formal control, the stigma of criminality lingers. Police supervision, monitoring, and harassment are facts of life not only for those labeled criminals, but for all those who 'look like' criminals. Lynch mobs may be long gone, but the threat of police violence is ever present...The 'whites only' signs may be gone, but new signs have gone up - notices placed in job applications, rental agreements, loan applications, forms for welfare benefits, school applications, and petitions for licenses, informing the general public that 'felons' are not wanted here. A criminal record today authorizes precisely the forms of discrimination we supposedly left behind - discrimination in employment, housing, education, public benefits, and jury service. Those labeled criminals can even be denied the right to vote."(p. 138)

Alexander devotes a number of pages to the issue of voting and the prohibition in all but two states on prisoners voting while incarcerated for a felony offense, and the further denial of the vote to prisoners released on parole. Some states even take away prisoners' right to vote for life. She is right that this is a fundamental point of disenfranchisement, but Alexander suggests that "a large number of close elections would have come out differently if felons had been allowed to vote..."(p. 156) This may be true, but those differences would not have had a significant impact on the politics in Amerika. This is because elections in an imperialist country are just an exercise in choosing between figureheads. The supposedly more liberal Democrats like Clinton and Obama were the ones who expanded the criminal injustice system the most. So a different imperialist winning an election would not change the system.

Oppressed Nation Culture

On the Amerikan culture and treatment of oppressed peoples Alexander asks: "...are we wiling to demonize a population, declare a war against them, and then stand back and heap shame and contempt upon them for failing to behave like model citizens while under attack?"(p. 165) She argues that the culture of the oppressed is an inevitable result of the conditions faced by the oppressed. And in fact the creation of lumpen organizations for support is a reasonable outcome.

"So herein lies the paradox and predicament of young black men labeled criminals. A war has been declared on them, and they have been rounded up for engaging in precisely the same crimes that go largely ignored in middle and upper class white communities - possession and sale of illegal drugs. For those residing in ghetto communities, employment is scarce - often nonexistent. Schools located in ghetto communities more closely resemble prisons than places of learning, creativity, or moral development. ...many fathers are in prison, and those who are 'free' bear the prison label. They are often unable to provide for, or meaningfully contribute to, a family. And we wonder, then, that many youth embrace their stigmatized identity as a means of survival in this new caste system? Should we be shocked when they turn to gangs or fellow inmates for support when no viable family support structure exists? After all, in many respects, they are simply doing what black people did during the Jim Crow era - they are turning to each other for support and solace in a society that despises them.

"Yet when these young people do what all severely stigmatized groups do - try to cope by turning to each other and embracing their stigma in a desperate effort to regain some measure of self esteem - we, as a society, heap more shame and contempt upon them. We tell them their friends are 'no good', that they will 'amount to nothing,' that they are 'wasting their lives,' and that 'they're nothing but criminals.' We condemn their baggy pants (a fashion trend that mimics prison-issue pants) and the music that glorifies a life many feel they cannot avoid. When we are done shaming them, we throw up our hands and then turn out backs as they are carted off to jail."(p167)

National Oppression

Alexander would do well to consider the difference between racism, an attitude, and national oppression, a system inherent to imperialist economics. Essentially she is describing national oppression when she talks about systematic racism. But by missing this key concept, Alexander is able to sidestep a discussion about national liberation from imperialism.

"When the system of mass incarceration collapses (and if history is any guide, it will), historians will undoubtedly look back and marvel that such an extraordinarily comprehensive system of racialized social control existed in the United States. How fascinating, they will likely say, that a drug war was waged almost exclusively against poor people of color - people already trapped in ghettos that lacked jobs and decent schools. They were rounded up by the millions, packed away in prisons, and when released they were stigmatized for life, denied the right to vote, and ushered into a world of discrimination. Legally barred from employment, housing, and welfare benefits - and saddled with thousands of dollars of debt - the people were shamed and condemned for failing to hold together their families. They were chastised for succumbing to depression and anger, and blamed for landing back in prison. Historians will likely wonder how we could describe the new caste system as a system of crime control, when it is difficult to imagine a system better designed to create - rather than prevent - crime."(p. 170)

Alexander does an excellent job describing the system of national oppression in the United $tates. She notes "One way of understanding our current system of mass incarceration is to think of it as a birdcage with a locked door. It is a set of structural arrangements that locks a racially distinct group into a subordinate political, social and economic position, effectively creating a second-class citizenship. Those trapped within the system are not merely disadvantaged, in the sense that they are competing on an unequal playing field or face additional hurdles to political or economic success; rather, the system itself is structured to lock them into a subordinate position."(p. 180)

The book explains that the arrest and lock up of a few whites is just part of the latest system of national oppression or "the New Jim Crow": "[T]he inclusion of some whites in the system of control is essential to preserving the image of a colorblind criminal justice system and maintaining our self-image as fair and unbiased people."(p. 199)

One interesting conclusion by Alexander is the potential for mass genocide inherent in the Amerikan prison system. There really is no need for the poor Black workers in factories in this country any longer so this population has truly become disposable and can be locked away en masse without any negative impact to the capitalists (in fact there are some positive impacts to these government subsidized industries).(p. 208) It's not a big leap from here to genocide.

Economics for Blacks have worsened even as they improved for whites. "As unemployment rates sank to historically low levels in the late 1990s for the general population, joblessness rates among non-college black men in their twenties rose to their highest levels ever, propelled by skyrocketing incarceration rates."(p. 216) She points out poverty and unemployment stats do not include people in prison. This could underestimate the true jobless rate by as much as 24% for less-educated black men.(p. 216)

Unfortunately, in her discussion of what she calls "structural racism" Alexander falls short. She recognizes white privilege and the reactionary attitudes of the white nation, acknowledging that "working class" whites support both current and past racism, but she does not investigate why this is so. Attempting to explain the systematic racism in Amerikan society Alexander ignores national oppression and ends up with a less than clear picture of the history and material basis of white nation privilege and oppressed nation oppression within U.$. borders. National oppression is the reason why these oppressive institutions of slavery, Jim Crow, and imprisonment keep coming back in different forms in the U.$., and national liberation is the only solution.

How to Change the System

Alexander highlights the economic consequences of cutting prisons which show the strong financial investment that Amerikans have overall in this system: "If four out of five people were released from prison, far more than a million people could lose their jobs."(p. 218) This estimation doesn't include the private sector: private prisons, manufacturers of police and guard weapons, etc.

To her credit, Alexander understands that small reformist attacks on the criminal injustice system won't put an end to the systematic oppression: "A civil war had to be waged to end slavery; a mass movement was necessary to bring a formal end to Jim Crow. Those who imagine that far less is required to dismantle mass incarceration and build a new, egalitarian racial consensus reflecting a compassionate rather than punitive impulse towards poor people of color fail to appreciate the distance between Martin Luther King Jr.'s dream and the ongoing racial nightmare for those locked up and locked out of American society."(p. 223)

The problem with this analysis is that it fails to extrapolate what's really necessary to make change sufficient to create an egalitarian society. In fact, these very examples demonstrate the ability of the Amerikan imperialists to adapt and change their approach to national oppression: slavery, Jim Crow, mass incarceration. Alexander seems to see this when she talks about what will happen if the movement to end mass incarceration doesn't address race: "Inevitably a new system of racialized social control will emerge - one that we cannot foresee, just as the current system of mass incarceration was not predicted by anyone thirty years ago."(p. 245) But she stops short of offering any useful solutions to "address race" in this fight.

Alexander argues that affirmative action and the token advancement of a few Blacks has served as a racial bribe rather than progress, getting them to abandon more radical change.(p. 232) She concludes that the Black middle class is a product of affirmative action and would disappear without it.(p. 234) "Whereas black success stories undermined the logic of Jim Crow, they actually reinforce the system of mass incarceration. Mass incarceration depends for its legitimacy on the widespread belief that all those who appear trapped at the bottom actually chose their fate."(p. 235)

This is a good point: successful reformism often ends with a few token bribes in an attempt to stop a movement from making greater demands. And this is not really success. But short of revolution, there is no way to successfully end national oppression. And so Alexander's book concludes on a weak note as she tries to effect a bold and radical tone and suggest drastic steps are needed but offers no concrete suggestions about what these steps should be. She ends up criticizing everything from affirmative action to Obama but then pulling back and apologizing for these same institutions and individuals. This is the hole that reformists are stuck in once they see the mess that is the imperialist Amerikan system.

It's not impossible to imagine circumstances under which the Amerikan imperialists would want to integrate the oppressed nations within U.$. borders into white nation privilege. This could be advantageous to keep the home country population entirely pacified and allow the imperialists to focus on plunder and terrorism in the Third World. But we would not consider this a success for the oppressed peoples of the world.

A progressive movement against national oppression within U.$. borders must fight alongside the oppressed nations of the world who face even worse conditions at the hands of Amerikan imperialism. These Third World peoples may not face mass incarceration, but they suffer from short lifespans due to hunger and preventable diseases as well as the ever-present threat of death at the hands of Amerikan militarism making the world safe for capitalist plunder.

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[Culture]
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In Time: Proletarian Premise with Focoist Mistakes

Set in the year 2161, In Time is a science fiction film portraying a world where people stop aging when they hit 25 years old. At that point they have one year of life in their bank, and living time has become the currency instead of money. When a person’s time runs out they die instantly, and so rich people have lots of time, while poor people live in ghettos, living day to day, barely earning enough to survive another 24 hours. Poor people literally have to rush around to earn enough time to survive, eat and pay their bills, while rich people can waste time relaxing or doing nothing, without fear of death.

This movie has a solid proletarian premise with the few rich bourgeois people living at the expense of the poor masses. “For a few immortals to live many people must die.” The movie’s hero, Will Salas, learns that there is plenty of time for everyone from a wealthy man who is ready to die and transfers all his remaining time to Will in order to commit suicide. Will decides to use this time to seek revenge and end the brutal rule of the time rich.

When Will buys his way into New Greenwich where the rich live entirely separate from the poor masses, he meets a young woman, Sylvia, who suggests that rich people don’t really live because they spend all their time trying to avoid accidental death. This is not a bad point to make: capitalism’s culture is bad for everyone, including the bourgeoisie. But the case of Sylvia is a pretty good example of what happens in real life: only a very few of the bourgeoisie will commit class suicide and join the proletarian cause and the youth are the most likely to do this.

Sylvia and Will set out to steal time from Sylvia’s father’s companies and redistribute the wealth to the poor people. They plan to distribute time in such large quantities so as to bring the entire system down. This is where the politics of the movie fall apart. Capitalism will not be ended with a quick massive redistribution of wealth liberated from the banks by a few focoist fighters.

The In Time world includes police who enforce the system. The Timekeepers work for the wealthy to ensure the poor never escape their oppression. But the Timekeepers seem to have very limited resources and staff so it’s not so difficult for two people to out run and out smart them. And except for one key Timekeeper, the others are happy enough to just give up and stop defending the rich. Under capitalism the ruling class understands the importance of militarism to maintain their position and they won’t trust enforcement to just a few cops.

In another interesting parallel, In Time includes a few characters who play the part of the lumpen, stealing time from the poor. At one point, the leader of this lumpen group explains that the Timekeepers leave them alone because they don’t try to steal from the rich.

History has plenty of examples of a few focoists setting out to take back wealth to help the people and ending up in prison or dead, often bringing more repression down on themselves and the masses. A quick action to liberate money from banks will not put an end to the system of imperialist repression. True and lasting liberation will only come from a protracted struggle organizing the oppressed masses to fight and overthrow the imperialist system.

The other major political flaw of In Time is the complete lack of any parallel to the national oppression that inevitably exists under imperialism. In the movie the oppressed and the wealthy are mostly white. There are a few Blacks and people who might be other nationalities among the oppressed, but they all are oppressed equally. National distinctions have disappeared and class oppression is all that exists. While this is a fine science fiction premise, we fear that the Amerikan petty bourgeois audience will see in this movie false parallels to life in the U.$. where workers actually have more in common with the time rich people than the poor in the movie. The reason for this, found in imperialism and the superexploitation of colonial people, doesn’t exist anywhere in this movie. And with an audience that likes to consider itself part of the 99% oppressed, this movie is going to reinforce this mistake of ignoring the global context of imperialism.

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[Control Units] [ULK Issue 23]
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NY Bar Association Report: Supermax Isolation = Torture

"The Brutality of Supermax Confinement"
New York City Bar Committee on International Human Rights
September 2011

This report addressed the dramatic growth of "supermax" confinement facilities in the United $tates over the past three decades and highlights the conditions of torture and violations of domestic and international law. As an introduction to long-term isolation in U.$. prisons, and an overview of relevant laws and cases, this report is an excellent resource.

The report cites estimates that 80,000 prisoners "...endure conditions of extreme sensory deprivation for months or years on end, an excruciating experience in which the prisoner remains isolated from any meaningful human contact." Articles in Under Lock & Key regularly testify to this torture that prisoners face in long-term isolation. The authors point out that estimates are widely varying and total numbers of people in supermax is not known. MIM(Prisons) has conducted our own survey to collect statistics on prisoners in control units and we estimate there are close to 110,000 prisoners currently in long-term isolation.

The authors correctly conclude about these torturous conditions: "The policy of supermax confinement, on the scale which it is currently being implemented in the United States, violates basic human rights." Though MIM(Prisons) would question how this policy would be ok if the scale was smaller. This "scale" caveat is possible because the authors fail to address the system that determines who gets locked up in isolation and why they are put there.

As a part of an overview of relevant legal cases and laws, the report notes that the courts have failed to address this torture, which the authors consider a violation of the Eighth Amendment: "As long as a prisoner receives adequate food and shelter, the extreme sensory deprivation that characterizes supermax confinement will, under current case law, almost always be considered within the bounds of permissible treatment." They demonstrate some of the legal difficulties in proving an Eighth Amendment violation, including the added legal burden of the Prison Litigation Reform Act (PLRA) which requires prisoners to show physical injury before bringing an action for injury suffered in custody.

The authors describe how supermax confinement violates international law based on the Universal Declaration of Human Rights, the American Convention on Human Rights, the UN Standard Minimum Rules for the Treatment of Prisoners, the International Covenant on Civil and Political Rights, and the Convention Against Torture, among others. They note that international law has not been a factor for U.$. courts in these cases and call for change in this regard.

The report concludes with the following recommendations:


1. The provision in the PLRA providing that inmate plaintiffs may not recover damages "without a prior showing of physical injury" should be repealed;
2. Prisoners with serious mental illness should never be subjected to supermax confinement;
3. Conditions of extreme isolation and restriction should be imposed only when an extremely serious threat to prison safety has been established, and even in such circumstances supermax confinement should be for the shortest time possible and inmates should be afforded due process, and an opportunity to contest the confinement and appeal;
4. Any form of segregated housing should provide meaningful forms of mental, physical and social stimulation; and
5. A national task force should be established to promptly report on the numbers of inmates being held in supermax confinement in state and federal prisons and their conditions of confinement, and to propose further legislative and administrative reforms.

As humynists, we say long-term isolation is torture and it should be abolished immediately. And as we've discussed elsewhere, we disagree with point 2 as a campaign in that it justifies the use of torture against the strongest resisters while misconstruing the real relationship between long-term isolation and mental illness.

If implemented, the Committee's recommendations would certainly reduce the number of prisoners suffering in long-term isolation, and are therefore progressive recommendations for a Bar Association that works within the injustice system that uses supermax confinement as a tool of social control. But this very system, which they point out has demonstrated its willingness to ignore the law and act outside of standards of common decency set out by the Eighth Amendment, certainly cannot be trusted to determine "when an extremely serious threat to prison safety has been established."

The authors ignore the broader context of supermax confinement and its use in the United $tates. As we report in an article on the history of control units: "The truth behind the reasons these control units are needed is they are a means of political, economic and social control of a whole class of oppressed and disenfranchised people. These include especially African, Latino and indigenous people who are a disproportionate part of control unit populations." Prisons in the United $tates are a breeding ground for resistance to the system that unjustly locks up segments of its population, and supermax units are required to further control the inevitable education and organizing that takes place among those who come face to face with the criminal injustice system.

While this report is useful for both the legal citations and the study of the harms caused by long-term isolation, it is important that we put it in the broader context of the criminal injustice system and understand that supermax torture cannot be reformed away within this system. We hope to make some significant improvements which will have a particular impact on the lives of our politically active comrades behind bars who are targeted for lockup in these isolation cells. And in that battle we unite with the NY Bar Association and many others who clearly see the injustice and inhumanity of supermax isolation.

Prisoners interested in a copy of this report should contact the New York City Bar Association at 42 West 44th Street, New York, NY 10036.

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[Theory] [MIM] [ULK Issue 22]
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Henry Park Obituary: MIM Comrade and Devoted Revolutionary

UF People and Quotes

Henry Park, a revolutionary leader and member of the Maoist Internationalist Movement (MIM), died on May 17 2011. His death is a loss to the communist movement. We take this opportunity to remember MIM's important contributions to revolutionary thought.

MIM was an underground party, whose members were careful about anonymity and security and so did not identify themselves publicly by name. Henry Park went public with his identity several years ago in an attempt to defend himself from significant repression by the Amerikan government. He did this after MIM broke into cells and the central organization ceased to exist. The article Maoism Around Us discusses this question of cell structure in more detail and explains that MIM(Prisons) built itself on the legacy of the MIM Prison Ministry.

After the dissolution of the central MIM organization, Park continued to write prolifically and uphold the original MIM at the etext.org hosted website. As efforts to silence him grew, the etext.org domain was shut down without explanation after hosting radical writings for about a decade. This was a serious blow to the spread of Maoist theory and analysis on the internet. In 2007, "Among all self-labeled 'communist' organizations in the world, MIM [was] second, behind only the People's Daily in China [in internet readers]." This remains a lesson for those who are afraid to draw hard political lines in the sand in fear of losing recruits. MIM never claimed to be bigger than other "communist" groups in the United $tates, only to have much more influence than them.

Henry Park, along with the other members of MIM, was in the vanguard starting back in the 1980s in correctly identifying the labor aristocracy in imperialist countries as fundamentally counter revolutionary, and doing the difficult work of spreading this unpopular position which was rejected by so many revisionist parties falsely claiming the mantel of communism. MIM also correctly identified China after Mao's death and the Soviet Union after the death of Stalin as state capitalist countries, no longer on the revolutionary path, while so many other self-proclaimed communists continued to follow these countries down the path of capitalist degeneration. Park published some important research on both countries' regression to capitalism that are available on our resources page. Along with the view that the Chinese Cultural Revolution was the furthest advance towards communism in humyn history, these principles were the foundation of MIM(Prisons)'s cardinal points.

There are some who will falsely claim the legacy of Henry Park or who will attack him with persynal or ad hominem claims, now that he is not alive to defend himself. We encourage all revolutionaries to carefully study tough theoretical questions for themselves rather than just taking the word of an individual or organization. One of the reasons MIM did not use names was to avoid a cult of persynality that so often arises around public figures, leading followers to avoid doing the important work of studying theory, instead just taking the word of the individual on trust. This cult also exists within organizations where members accept the word of their party rather than thinking critically. Even with MIM's semi-underground, anonymous approach, Henry Park was brought into the light by recurring persynal attacks on his character. One of the things MIM taught so many of us so well was how not to think in pre-scientific ways, where rumors, subjective feelings and individuals are more important to people than the concrete outcome of your actions on the group level.

Park's life is notable for his unending commitment to fighting for the rights of the world's people, even at great persynal sacrifice in the face of state repression. Many who take up revolutionary struggle in their youth give it up when they gain some bourgeois comforts, trading revolutionary organizing for a well paying job and a nice house. Park never wavered in his work for the people, and in his vision of a communist world where no group of people would have the power to oppress others. Mao Zedong said "To die for the people is weightier than Mount Tai." Park's death is weightier than Mount Tai and his work lives on through the continued application of MIM Thought.

[Read thousands of articles by the original MIM in our etext.org archive]


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