Welcome to CARE viewpoints. In this section, we publish the news and viewpoints facing the Caribbean and African-American communities throughout the Diaspora. If you are a victim of Police Misconduct, Employment Discrimination, or believe that your Civil Rights have been violated, please subscribe for news updates on these issues and a free legal consultation from Figeroux & Associates.
CURRENT PUBLICATIONClick here for full Report on Workplace Discrimination from pg. 8
BY VANDELL PARK
The counsel of King Solomon given in Proverbs 22:6: “Train up a child in the way he should go;
and when he is old he will not depart from it,” proves to be a sure fulfillment of prophecy as it became a reality in the life of a leading local pastor and civil
rights activist, Reverend Herbert Daughtry. This man of God and of the people he now serves, was born a preacher’s son in 1931. His father, the late bishop Alonzo Daughtry, ensured that his son received the right training growing up, even encouraging him to be actively engaged in the work of the church. However, this church boy, young Herbert Daughtry, decided that he wanted to explore life and found himself, like the prodigal son in the Bible, lost and imprisoned, both mentally and physically. The young Herbert Daughtry was involved in gangs, drugs and crimes.
Realizing that his life was drifting away in the wrong direction, he decided to join the U.S. Army in an effort to change his life, but being hooked on heroin, he was discharged from the army after a year of service. Once out of the army, young Daughtry found himself again in bad company, which this time landed him in prison on charges of armed robbery and assault. While in prison, Daughtry once again found Jesus and promised in his heart that once he regained his freedom, he will work for the lord and his fellow men. continued on page 4
BY CARE STAFF WRITERS
Within our system of juris prudence, one of the broadest practice areas in Civil Rights. Civil Rights focuses on an individual's civil liberties. Civil liberties are personal, natural rights, guaranteed and protected by the Constitution. Examples include freedom of speech, freedom of press, and freedom from discrimination. Civil Rights is that body of law, which deals with natural liberties, and more particularly, the invasion of those liberties ̶ and the equal rights of others.
Constitutionally, they are restraints on government itself.Following the Civil War, and more recently in 1957 and 1964, federal statutes were enacted intended to implement and give further force to the basic personal rights guaranteed by the United States Constitution. These laws prohibit discrimination based on race, sex, age, or religion.Most states have also enacted statutes and laws which seek to protect civil liberties and fundamental rights of an individual. State statutes may afford greater protection than those afforded by the United States. Continued on Page 5
President Obama recognizes that our civil rights laws and principles are
at the core of our nation. He has
spent much of his career fighting to
strengthen civil rights — as a community organizer, civil rights lawyer, Illinois state
senator, U.S. senator, and now as
President. He knows that our country grows stronger when all Americans have access to opportunity and are able to participate fully in our economy.
_ On May 9, 2012, President Obama expressed his support for same-sex marriage.
In an interview with ABC News, the president said he believes it's important to"treat others the way you would want to be treated."
_ On September 20, 2011, the discriminatory law known as “Don’t Ask, Don’t
continued on page 16
The New American Chamber of Commerce (NACC) and the African-American International Chamber of Commerce (AAICC) Our Chambers are not-for-profit organizations founded to advance, promote and facilitate the success of New American and African American businesses. The backbone of the Chambers is the diversity of its member entrepreneurs and small business owners. The Chambers’ mission is accomplished by the following:
- Implementing and strengthening local and national programs that assist the economic development of New American& African-American firms;
- Increasing business relationships and partnerships between the corporate sector and New American and African American owned businesses;
- Promoting international trade between New American and African-American businesses in the United States and Immigrant Multicultural Countries;
- Monitoring legislation, policies and programs that affect the New American and African-American business communities;
- Providing technical, networking and other assistance to our member entrepreneurs, small business owners, business associations and professionals.
FREE Membership to the New American Chamber of Commerce (NACC) and the African-American International Chamber of Commerce (AAICC).For more information visit www.mynacc.org and www.myaaicc.org
By Colin A. Moore
It is becoming increasingly clear that, we, in the civil rights community, are being forced to re-litigate the civil right cases that we once considered settled. This became obvious a few days ago, when the U.S. Supreme Court decided to grant certiorari to two cases that seek to challenge affirmative action in public universities -- Fisher v. University of Texas, and the constitutionality of Section 5 of the Voting Rights Act of 1965 in Nix v. Holder.
Abigal Fisher alleged that the University of Texas in Austin had discriminated against her on the basis of her race, in violation of the Equal Protection Clause of the Fourteenth Amendment. Normally, the U.S. Supreme Court only grants standing to plaintiffs who have suffered some "legal injury," but it decided to grant legal standing to the plaintiff, Abigal Fisher, even though the plaintiff had not suffered any legal injury, and, in fact, had graduated from another university in Texas, after having been rejected by the university in Austin. The U.S. Supreme Court granted her certiorari, even though the district court judge and the Fifth Circuit panel found that the admissions policy of the University of Texas met the constitutional standards articulated in Grutter v. Bollinger 539 U.S. 306(2003). In the Grutter case, Justice Sandra Day O'Connor, writing for the majority, held that the University of Michigan Law School had a compelling interest in promoting student diversity. The court further held that a race-conscious admissions process that may favor "underrepresented minority groups," must take into account many other factors evaluated on an individual basis that did not amount to a quota system, which would have been unconstitutional under Regents of California v. Bakke.
It is feared that the conservative judges on the court, led by Justices Scalia, Thomas and Kennedy, would overrule Grutter v. Bollinger, and hold that the University of Texas' "plus system" was, in fact, a thinly veiled and unconstitutional quota system. In the case of Nix v. Holder, the U.S. Supreme Court has long held that "as reauthorized and amended by the 2006 congress, Section 5 preclearance requirements and coverage formula raise serious constitutional questions." See, for example, NWAustin Municipal Utility District No. 1 v. Holder, U.S. 193, 204 (2009), and Shelby County Alabama v. Holder. The court's rationale is that, although Section 5 was enacted pursuant of Congress's authority to enforce the Fourteenth and Fifteenth amendments by appropriate legislation, Section 5 drastically exceeds the ban on intentional racial discrimination imposed by those Reconstruction amendments. The court argued that the Section 5 preclearance regime as enacted in 1965, targeted a unique problem in areas where discrimination had been most flagrant. Faced with such dire and exceptional circumstances, the court upheld the 1965 amendment, which was a temporary five-year measure and was subsequently reauthorized in 1970, 1975, 1981 and 2006, even though the election data used to select the covered jurisdiction was 34 to 42 years old.
In particular, the court felt that the evils that the Section 5 process was meant to address, were no longer concentrated in the southern jurisdictions singled out for preclearance, and that some of the conditions that the court relied on in upholding Section 5 preclearance procedures have "unquestionably improved."
There is every indication that the 2006 reauthorization of the Section 5 preclearance provision would be declared unconstitutional by this court. The civil rights community must seek a congressional hearing on this matter,update the election data that has been traditionally used to justify Section 5 and amend the coverage provisions to include not only the southern states that implement discriminatory practices, but include the non-southern states that have a history of non-compliance. If the civil rights community does not act quickly to bring about an amendment to the 2006 reauthorization, and seek a new reauthorization bill, the U.S. Supreme Court would surely strike down the Section 5 preclearance provision.
Stop Mass Incarceration Network (firstname.lastname@example.org)
Tuesday October 30 Manhattan 9:00 am Rally 9:30 am Trial
Manhattan Court: 100 Centre StreetNo Jail for Noche!"Noche" Diaz is facing years in jail for standing up for the rights of the people. The NYPD targeted and arrested him 5 times since October and piled 11 charges on him in 4 boroughs.
'Noche' Diaz will be going to court on Tuesday, October 2 in the Bronx. It's important that, because we're in front of a new judge -- and we need to continue momentum on supporting the New Freedom Fighters -- that we have a large presence in court on Tuesday October 2 in the Bronx for Noche's trial.
Noche's attorney, said a lot of public defenders were very impressed with the turnout at the last trial date, and by the people and our conduct. He knows that the judges and all the court enforcers notice that too. The legal defense in all these cases against Noche where he was arrested for observing the police, rests on making on the precipitating events: NYPD abuse of peoples' rights, and having a crowd of supporters enforces that point in many ways.
For any who haven't been there before, the trial takes place at the Bronx "Hall of Justice" (greenish glass, new building, not the old granite one) at 265 East 161st Street, about 4 blocks east of the 4/D train Yankee Stadium stop. If you don't live in the New York area, or just can't make it, please forward this message to those you know and would care about this fight.
By Colin A. Moore, Senior Editor
On my constant journeys to my
family home in Flatbush, I drive through the neighborhoods of
Brooklyn Heights, Cobble Hill, Borough Park and Lefferts Gardens. The scene in
these neighborhoods is normally one of
undisturbed tranquility and blissful serenity.
Apart from the usual flow of traffic,
there are hardly any scenes of disturbance
on the streets. There are hardly any
sounds of police sirens, or any scenes of young men being accosted by police officers.
However, as soon as my vehicle hits Crown Heights, the atmosphere changes
dramatically. All hell breaks loose.
My ears are accosted by the incessant
wailing of police sirens, and my eyes are
greeted by the sight of police cruisers, ... read more
by Chris Burns - (Burnscg@aol.com)
THERE is no standard definition that I am aware of that says exactly what constitutes courageous leadership, or what defines a courageous leader. However, if one applies the simple definition of courage, it effectively speaks to someone possessing "mental or moral strength to persevere and withstand challenges, dangers and difficulties".
It should follow naturally therefore, that courageous leaders are resolute, patient and strong in their convictions. This leads me to a recent development in the United States where President Obama took a personal position that has subsequently set off a firestorm among sectarian and non-sectarian groups worldwide.
Understandably, Christian fundamentalists and moralists are "up in arms" over Mr Obama's final evolution and his declaration in support of same-sex marriage. Undoubtedly, these Christians and moralists are entitled to their views and they should defend them with unremitting vigour; so too should the president. He, too, has a view. Our Afro descendant community has had to combat racism in the past and continues fighting the wave of racism by White Hispanics on a daily basis. We have been able to force the adoption of the right terminology by responsible media circles to describe who we are as a people. But media entities, because of their ingrained racism and discriminatory tendencies that refuse to adopt the correct manner to address and describe our people will suffer our collective rejection, and I will continue publicly to expose their inability to treat us as equals... read more
by Roland Roebuck
Each ethnic and racial group in society enjoys the right to define itself in a dignified manner, taking into consideration its historical, racial and cultural legacies. But one unfortunate exception exists in the Washington, DC Latino community. Spanish-language newspapers (with the exception of El Tiempo Latino) continue to refer to Latinos of African descent by the despicable term of "Negro."
The term "Negro" within the U.S. context connotes an individual without racial consciousness, a sort of Uncle Tom who suffers from internal oppression and is ashamed of his/her African heritage. A classic example of that prototype is U.S. Supreme Court Justice Clarence Thomas. Many of us who are members of the Afro-descendant community do not see him as a dignified member of our racial group.
For many of us with a consciousness of our history as a race and our legacy of struggle, the term "Negro" is very insulting. When Latino or Spanish-language newspapers use this term in their articles to describe Latinos of African descent, they are telling us publicly that they do not respect us. English-language newspapers in the Washington, DC area would not dare use the term, aware of the avalanche of criticism they would have to endure from the the Afro-American community.
I share for the benefit of media, Latino leaders and the community in general the politically correct terminology which we consider acceptable to describe our ethnic group:
1. Afro descendant
2. Afro-Cuban (when emphasizing geographic origin)
4. Afro-Latino (when the individual speaks Spanish and is Afro)
Our Afro descendant community has had to combat racism in the past and continues fighting the wave of racism by White Hispanics on a daily basis. We have been able to force the adoption of the right terminology by responsible media circles to describe who we are as a people. But media entities, because of their ingrained racism and discriminatory tendencies that refuse to adopt the correct manner to address and describe our people will suffer our collective rejection, and I will continue publicly to expose their inability to treat us as equals.
Roland Roebuck, Afro-Puerto Rican Community Activist in Washington, DC and also President of the Commission on Latino Community Development, Office of the Mayor, Washington, DC. He can be contacted at email@example.com.
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