Reparations, A Fundamental Issue Of Social Justice
by Charles J. Ogletree, Jr.
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| Slaves
captured and transported through the middle passage. |
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My own interest in the reparations movement started in the 1970’s when
my teacher and mentor at Stanford, Dr. St. Clair Drake, arranged for me to
attend the Sixth Pan-African Conference in Dar es Salem, Tanzania. These conferences were held to focus on efforts to end
colonial rule in Africa and to promote economic and political development within
the African nations. I traveled as part of a delegation of over two hundred
African Americans, but the member of our delegation who had an enormous impact
on me was Audrey Moore, affectionately known as “Queen Mother Moore.”
Viewed by many as the matriarch of the reparations movement in America,
she forced us to give serious attention to the issue of reparations for American
descendants of African slaves at a time when many of us were focusing on
economic and political reform in Africa. Although
I had studied African and African-American history, this trip was the first time
that I learned anything about the struggle for reparations.
Reparations for slavery finally
achieved credibility in 1988, when a bipartisan congress granted reparations to
Japanese Americans interned by the government during World War II.
Congressman John Conyers of Detroit took the next step when he introduced
HR 40, legislation proposing to conduct a study of slavery and to determine
whether there is a basis to provide reparations to descendants of African
slaves. At the same time, a group
of scholars and activists from around the United Stated created N’COBRA, the
National Coalition of Blacks for Reparations in America, which has led the push
for reparations at the grassroots level.
My recent involvement in the
reparations movement stems from my close friendship and working relationship
with Randall Robinson, President Emeritus of TransAfrica, an African-American
think tank focused on political and economic reform. Three years ago, Randall and I were chosen to serve as
co-coordinators of the Reparations Coordinating Committee and have spent the
last two years engaged in legal research, political activism, and other
scholarly pursuits focused on the issue of reparations.
In 1999, Randall completed his
highly influential book The Debt: What America Owes to Blacks and
persuasively argued why it was the right time to force the American government
to provide reparations to the descendants of African slaves who now reside in
the United States. But more than
the economic arguments, what most moved me about his book was the description of
the slaves, captured and transported through the middle passage, who had been
all but forgotten and never commemorated. My
dream for Reparations is to take up and make our own the forgotten dreams of our
Africans ancestors lost during slave trade.
My dream for Reparations is to force America, and the world, to pay
attention to their suffering loss of life, liberty, language, and culture.
I wish to celebrate our African diaspora, by forcing the West to come to
terms with its history of discrimination, and to account for the manner it has
profited at the expense of Africa and Africans everywhere.
The Reparations Coordinating
Committee, consisting of legal scholars, public officials, activists, and
academics from many disciplines, was formed shortly after the publication of Mr.
Robinson’s book. We have been
conducting research and exploring a variety of options in the effort to make the
case for reparations. The mission
of the Reparations Coordinating Committee is to ascertain, document, and report
comparative repair and restitution in the United States and abroad on behalf of
the contemporary victims of slavery and the century-long practice of de jure
racial discrimination which followed slavery.
Our overall objectives are to detail a range of feasible relief and
reform initiatives aimed at reconciliation as well restitution for the burdens
of discrimination.
We have assembled an incredibly
powerful group of lawyers to work on the most ambitious case involving people of
African descent in American history. Among
them are a number of major figures in the litigation field, as well as others
who will soon be as well-known because of their contribution to this case.
It is important to note that these individuals have agreed to work on the
reparations effort on a volunteer basis and are deeply committed to the success
of the reparations movement.
The best known of our volunteer
lawyers is Johnnie Cochran. Although
he rose to national prominence as lead counsel for the defense during the trial
of O.J. Simpson, Mr. Cochran has enjoyed significant legal success for over
twenty years in California. He has
long been an advocate for civil rights, filing dozens of lawsuits and winning
tens of millions of dollars to compensate the victims of police brutality in
California. Willie Gary is another
integral member of the team. Based
in Florida, Mr. Gary is general counsel to Jesse Jackson.
He specializes in a variety of tort lawsuits, and has won significant
victories in the areas of personal injury, product liability, wrongful death,
and medical malpractice law. His
firm recently won a $240 million judgment against Walt Disney and a $500 million
jury verdict against The Loewen Group. Dennis
Sweet, a prominent tort lawyer, was my intern at the D.C. Public Defenders
Office before moving into private practice.
He has won a number of substantial judgments including a $400 million
judgment against American Home Products for injuries sustained through use of
their Fen-Phen diet pill.
Rose Sanders and J.L. Chestnut,
both from Selma, Alabama, have successfully litigated a number of voting rights
and civil rights cases, including the “black farmers” litigation against the
Department of Agriculture, which resulted in a $2 billion settlement.
Finally, we are extremely lucky to have on the team Adjoa Aiyetoro, who
serves as legal counsel for the National Coalition of Blacks for Reparations in
America (N'COBRA). Ms. Aiyetoro is also the legal counsel for National Counsel
for Black Lawyers and the National Association of Black Lawyers.
She has successfully obtained injunctive relief and damages from both the
federal government and the states for prisoners suffering disgraceful, and
unconstitutional conditions of confinement while in prison.
Michele Roberts was rated by Washingtonian
Magazine as the top lawyer in all of Washington, DC for 2002. We worked
together and co-counseled cases when she was with the Public Defender Service.
She is widely recognized as one of the countries best litigators.
Among the
public officials who are members of the committee, the most prominent is
Representative John Conyers, himself a lawyer, and the ranking Democrat on the
House Judiciary Committee. Representative
Conyers has supported the reparations movement for more than a decade, and is
the principle sponsor of HR 40, legislation designed to study the issue of
reparations. The co-chairs of our
Research Committee are Manning Marable, professor of history and political
science and founding director of the Institute for Research in African American
Studies at Columbia University, and one of America’s most influential
historians and political interpreters of the black experience.
Our other co-chair is Dr. Ronald Walters, formerly a professor at Howard
University, current director of the African American Leadership Institute and
Scholar Practitioner Program, Distinguished Leadership Scholar at the James
MacGregor Burns Academy of Leadership, and professor in government and politics
at the University of Maryland. Dr.
Walters is internationally known for his expertise on the issues of African
American leadership and politics.
Serving with them on the RCC are some exceptionally distinguished
academics.
Cornel West, formerly professor of African-American studies
and philosophy of religion at Harvard University, has been a champion for racial
justice for much of his life, and is the author of the best-selling book,
“Race Matters.” Dr. Johnnetta
B. Cole, is probably most famous as the highly successful former president of
Spelman College, which under her leadership became the first historically
African-American college to receive a number one ranking in U.S. News &
World Report's annual college issue. She
is formerly the Presidential Distinguished Professor at Emory and currently
serves as President of Bennett College. Richard America, an economist, is a lecturer at the McDonough
School of Business Administration at Georgetown University.
He has published two books on reparations: Paying the Social
Debt: What White America Owes Black
America, and The Wealth of Races: The
Present Value of Benefits from Past Injustices.
Finally, James P. Comer is the Maurice Falk Professor of Child Psychiatry
at the Yale University School of Medicine's Child Study Center.
He founded the Comer School Development Program in 1968, which promotes
the collaboration of parents, educators, and community to improve social,
emotional, and academic outcomes for children, has served as a consultant to the
Children's Television Workshop (which produces Sesame Street and Electric
Company), has been awarded 39 honorary degrees and has been recognized by many
organizations, including the prestigious Heinz Award in the Human Condition for
his profound influence on disadvantaged children.
We need, not only these
distinguished lawyers and professors, but all Americans to think of innovative
solutions to the issues of race and responsibility that beset our country.
We need to take the issue of reparations beyond America’s borders, to
recognize the importance of coming to terms with a systematic injustice
perpetrated on people of African descent because the issue of reparations
concerns a fundamental issue of social justice: what responsibility does the
community as a whole shoulder for the enslavement of and continuing
discrimination against African-Americans?
Traditionally, race has been
designated a "Black issue," and the responsibility for changing the
racial climate in our society has been delegated primarily to African-American
civil rights activists. However,
racism against African-Americans is not properly a "black" issue:
while African-Americans are its victims, the perpetrators are not.
I suggest that the general moral obligation to eradicate racism from our
society requires each of us to work towards undoing the chronic fragmentation
along racial lines that exists in so much of our country today: to make our
society whole. The moral force of
reparations-arguments is simply to suggest that the African-American community
can no longer shoulder the burden of redeeming American society, as Dr. King put
it, on our own. Instead, all citizens must engage as full participants in a
dialogue examining what is the cost of repairing our society to make it equally
accessible to everyone.

Charles J. Ogletree, Jr. is a law professor at the Harvard Law
School.
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