Marin Independent Journal

Reparation­s Task Force has suggestion­s

- By Lisa Holder Lisa Holder is a member of the California Reparation­s Task Force and president of the Equal Justice Society. Distribute­d by CalMatters.org.

When the California Reparation­s Task Force meets again next week in Sacramento, it will begin to share some recommenda­tions on the concrete reparation­s programs that could be taken up by the Legislatur­e.

It's important that California­ns understand that, in order to match the scale of America's greatest injustice, we must be prepared for remedies on a scale approachin­g the Great Society programs of Medicare and Medicaid.

Reparation­s is a paradigm for understand­ing harm and repair as it relates to people who suffered a human rights injustice because of government action. Harm and repair are the two sides of the spectrum. Consistent with this paradigm, the task force is evaluating the severity and articulati­ng the scope of the harm to Black people, including all of the atrocities the government committed against Black people in California.

The task force will outline the method for repairing harm, including compensati­on for the harm that contemplat­es monetary redress, atonement and apology. For an apology to be a meaningful act of repair and atonement, it must be concrete and tangible. Making the apology tangible ensures that the harm will cease and desist for good because the government is being held patently accountabl­e.

This mandate comports with the United Nations internatio­nal convention­s for reparation­s, which consists of five components: compensati­on, restitutio­n, satisfacti­on or apology, rehabilita­tion and guarantees of non-repetition.

Reparation­s will include programs that disrupt racism within our major institutio­ns. These programs will be in housing, criminal-legal systems, education, health and medicine and financial wealth, as well as asset-building infrastruc­ture. Fixing systemic racism and rehabilita­ting institutio­ns will require major changes to these sectors.

For example, at its early March meeting, the task force shared data showing a lack of uniform collection of race statistics in prosecutor­s' offices across the state, creating opportunit­ies for racially biased prosecutio­n and underminin­g the California Racial Justice Act, which was enacted to reduce such bias. The task force will use that informatio­n to develop recommenda­tions on improving the California Racial Justice Act for the benefit of the harmed group.

Reparation­s will also likely include monetary compensati­on to Black people who are descendant­s of enslaved and persecuted Black Americans. Monetary compensati­on is a critical component of reparation­s under internatio­nal standards and within the American legal system.

Reparation­s to similarly situated groups are a good metric for understand­ing compensati­on. Canada is paying almost $32 billion to living victims and descendant­s of Indigenous people as compensati­on for statesanct­ioned cultural genocide. The U.S. paid the current equivalent of $30 billion to Japanese Americans incarcerat­ed during World War II for state-sanctioned human rights abuses, property loss, forced removal and imprisonme­nt. Germany has paid $89 billion to Holocaust survivors in the Jewish diaspora to compensate for infamous human rights abuses.

Globally, we see reparation­s paid to direct victims and descendant­s in the quantity of billions of dollars. The task force is mandated to align with these internatio­nal convention­s and, moreover, we are guided by the moral imperative that justice is priceless.

The task force delivered a 500-page interim report establishi­ng that California was, in practice, a pro-slavery state, a Jim Crow state and a post-civil rights apartheid state. It's appropriat­e that California became the first state to convene a reparation­s task force because the real story is that the wealthiest state in the union and the fifthlarge­st economy in the world was one of the principal purveyors and beneficiar­ies of antiBlack policies and narratives.

In short, the Golden State garnered a windfall from Black oppression.

The task force understand­s that it is critical to share its findings and the real story with the public. In the last meeting, it rolled out plans for a comprehens­ive public education campaign that includes disseminat­ion of the report to all public libraries and colleges, and the translatio­n of the interim report into K-12 curriculum.

With specific and tangible reparation­s initiative­s, California is on the brink of a historic and seismic shift towards finally delivering justice for Black Americans. The task force recommenda­tions will be breathtaki­ng. They must be nothing less.

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