Black women prisoners haunt International Women’s Day

March 8, 2011 by 2 Comments

BobbyLee Worm

Stacey Lannert grew up in the middle of the United States, in Missouri. Her father sexually abused her, starting when she was eight years old. On July 5, 1990, at the age of 18, Lannert walked into her father’s bedroom and shot him, twice, killing him. The `final straw’ was her father raping her younger sister. Two years later, in December 1992, Lannert was sentenced to life in prison without parole. In January 2009, at the age of 36, Stacey Lannert was released, thanks to the outgoing Missouri governor, Matt Blunt, who commuted her sentence: “After eighteen years, I was allowed to be Stacey Ann Lannert instead of Offender #85704. I’ll never completely shed the number, but I did start over.”

Wilbertine Berkley would like to start over as well, but the State of Florida has other plans.

In the United States, over five million people cannot vote because of past criminal offenses. One million of those people live in Florida. In one state alone, a million people who have served their time are disenfranchised. Of that million, almost 300,000 are African American.

Wilbertine Berkley is a Black woman in Florida who struggled with drug abuse, spent time in jail, turned her life around, joined a program, got clean, went to college, and gave back to the community in volunteer work. She was awarded the Presidential Volunteer Award. She did everything she was supposed to do and more, and the State response has been to `alienate’ her, to identify her as frozen in the past. Her good work counts for nothing.

Tomorrow, Wednesday, March 9, 2011, the Florida Board of Executive Clemency will vote on whether to make it even more difficult for former prisoners to be re-instated. The proposed change would include a five-year mandatory waiting period before being able to apply for `clemency’. Florida’s Attorney General sees this as a fight against entitlements: “I believe that every convicted felon must actively apply for the restoration of his or her civil rights and that there should be a mandatory waiting period before applying. The restoration of civil rights for any felon must be earned, it is not an entitlement…The burden of restoring civil rights should not fall on the shoulders of government, but rather it should rest on the individual whose actions resulted in those rights being taken in the first place.”

Wilbertine Berkley wants and deserves respect for who she is today, for who she has become, for what she has made of herself and of her world. She made a mistake. She worked hard. She paid her debt.

But for Black women, the debt of incarceration is the gift that keeps on giving.

Ask BobbyLee Worm. BobbyLee Worm is a 24 year old aboriginal woman prisoner in the Fraser Valley Institution, a Canadian federal prison that describes itself as “a multi-level facility for women…. Programs focus on the particular needs of women offenders, including Aboriginal inmates and those with psychological problems or learning disabilities.”

One of these particular programs is called Management Protocol.

Management Protocol is “a special program for handling women prisoners who have been involved in a major violent incident or threat of incident while in the system.” Established in 2005, seven women prisoners have been on Management Protocol. All seven have been aboriginal women.

Management Protocol is open ended, unrestricted solitary confinement. Twenty- three hours a day for as long as the prison deems `adequate’ and `necessary.’ How does one leave Management Protocol? One earns one’s way out. How does one earn? What are the wages? No one knows.

BobbyLee Worm entered prison June 7, 2006. She is a first time offender, sentenced to six years, four months. She has spent the majority of her time in segregation, paying off the debt of years of physical, emotional and sexual abuse and trauma. For Black women, the debt of incarceration is the gift that keeps on giving.

These stories are typical of the conditions of women, and girl, prisoners around the world. Girls whose only `crime’ is being the daughters of asylum seekers, or of being born into oppressive communities, are stuck into detention centers, such as the Inverbrackie Detention Center in Australia. Once there, they suffer nightmares, turn violent, and refuse to eat. What is their crime, what is the debt to society that must be paid? They were born in Iran, they sailed to Australia.

Around the world, women of color, Black women, and their daughters, sit in prisons. Their debt grows incrementally by the second. Their numbers grow incrementally by the day. Today is March 8, 2011, International Women’s Day.  These women prisoners haunt International Women’s Day.

 

(Photo Credit: British Columbia Civil Liberties Association)

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Forty abducted women prisoners haunt New Jersey

March 3, 2011 by 21 Comments

 

In March 2007, forty women were abducted.

The New Jersey Department of Corrections is made up of thirteen centers, facilities and prisons. The Edna Mahan Correctional Facility for Women, EMCF or EMCFW, is the only women’s prison in the state of New Jersey. The New Jersey State Prison, NJSP, is a men’s maximum-security prison.

These two prisons are night-and-day different. EMCFW has programs for survivors of domestic violence, parenting skills programs, and family unity programs, which include greater opportunity for family visits and contacts. EMCFW offers free phone calls to family members. A phone call from NJSP costs $25. Before March 2007, the difference between the two prisons was clear and stark. And then night and day were one:

“In March 2007, approximately forty women, the majority of whom were classified as medium-security prisoners, had excellent disciplinary records, and/or held paraprofessional job assignments for months or years while at EMCF, were abruptly transferred to a maximum-security housing unit in NJSP. No notices, hearings, or other procedures preceded these transfers. …

“The mass transfers of women occurred on two separate occasions. On each occasion, women held at EMCF were locked in their cells without explanation. A convoy of trucks arrived and guards in full riot gear carrying batons, mace, and other weapons descended on the women’s quarters and took women from their rooms. Each woman was taken to a separate room and stripped naked while guards, including male guards, observed her and filmed her with a video camera. When the strip searches were complete, the women were handcuffed and shackled, then loaded onto a bus and taken to NJSP.

“During these chaotic and terrifying transfers, women panicked in their cells and wept hysterically. Because many of the women held at EMCF have experienced sexual and physical abuse by men prior to and in some cases during their incarceration, they were extremely frightened by the procedures employed during the transfers and the prospect of transfer to a men’s prison. Nursing and psychiatric staff had to be called to attend to the panic-stricken women, and many women were medicated or received increased dosages of medication. NJDOC has informed the women that their placement in NJSP is permanent.”

The conditions in the New Jersey State Prison were bad for men, and worse for women. The women were confined to their housing units and prohibited from moving about the prison. Their cell windows were painted over, leaving them in perpetual semi-darkness.

The women were denied psychiatric counseling and medication in their unit. If they requested psychiatric care, they were threatened with, and sometimes sent to, “Unit 1GG”, a “stabilization unit” famous for its degree of filth, danger and degradation. Women were denied access to adequate medical care. Medical examinations, such as they were, were conducted in the open area of the housing unit, in the presence of guards, including male guards.

Women were denied legal access, especially access to the prison’s library. Women were denied access to educational programs. They couldn’t get decent work, couldn’t exercise, and couldn’t take care of their personal hygiene. And throughout, women were denied any privacy.

The women found themselves in practical lockdown and almost complete isolation.

Why? What had these women done to deserve this? Nothing. Absolutely nothing. Forty women were treated, dragged about, as forty sacks of nothing.

Kathleen Jones, Sylvia Flynn, Helen Ewell and Lakesha Jones had been model prisoners. Through the ACLU, these four women sued the State “on behalf of themselves and all individuals similarly situated.” They charged the State with “violations of their due process and equal protection rights, their right to be free from cruel and unusual punishment, and their right to privacy.” They protested the “restrictive, inhumane, and physically and psychologically damaging conditions”. Finally they noted, “The Department’s ill-considered measure is also symptomatic of its general failure to plan for the women in its custody.”

In the first week of September 2008, nine months later, the forty women were returned to the not great conditions of the Edna Mahan Correctional Facility for Women. Then, for another year and a half, the women fought to make the State accountable for its actions. Last week, the women won. It was a victory “for civil rights, justice and common sense.”

What happened in New Jersey? The State now says EMCFW was overcrowded, and so it moved 40 women. What system of reason moves 40 women model prisoners into an all male supermax holding 1800 some prisoners? There were other prisons in the state, and there were other options. Model women prisoners could have been given early release. No one sought an alternative, because women prisoners counted for and as nothing.

There was no mass transfer in March of 2007. There was abduction. In the middle of the night, groups of men, armed to the teeth, faces covered, rounded up forty unarmed women. The women were stripped naked, prodded, shackled, and carted off to parts unknown, where they were then abused. What is that called? Call it terrorism.

Kathleen Jones and daughter

Sylvia Flynn

 

(Photo Credit: Jerry McCrea/Star-Ledger) (Photo Credit: ACLU)

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Prison labor haunts `history’

January 4, 2011 by 8 Comments

Elaine Brown

When is slavery not slavery? When the slaves are called prisoners, their condition is not slavery. It’s … history. The Thirteenth Amendment of the United States Constitution says so, and so do the United Kingdom Border Authority, UKBA, and the private prison corporation, Serco.

Last month, on December 9, 2010, prisoners in several prisons across Georgia went on strike.  According to Elaine Brown, one of the prisoners’ spokespersons, the strike involved “Augusta, Baldwin, Calhoun, Hancock, Hays, Macon, Rogers, Smith, Telfair, Valdosta and Ware state prisons.” Others claim seven prisons were involved. The strike concerned prisoners’ working and living conditions across the state. The conditions of prisoners in Georgia are famously bad. Prisoners in Georgia receive no pay for the work they perform. The possibility of going to jail in Georgia, especially for people of color, is infamously high. Georgia has the highest rate of prison `involvement’ in United States: “In Georgia, 1 in 13 adults is either in prison, in jail, on probation, or on parole.” The national average is 1 in 31.

The strike was non violent, peaceful even. The media focused on the capacity of prisoners to organize a structured, non spontaneous, non violent work stoppage across the state. This was facilitated by the use of contraband cell phones, bought largely from guards.

The strike was called `historic’, in two senses. On one hand, it was massive. Again according to Elaine Brown, the strike was “historic in scope and in the unity of thousands of black, brown, white, Muslim, Christian and Rastafarian prisoners.” Others claimed it was one of the largest prison strikes and the biggest prisoner strike in U.S. history. In terms of scale, of numbers of prisoners involved, of numbers of kinds of prisoners involved, the action was historic.

On the other hand, the strike was historic in that it protested the history of prison labor. Prison labor has historically been part of a racially, ethnically segregated labor market, “an emblem of racial subjugation.” Prison labor, especially in the United States, has its roots in slavery. Read the Constitution of the United States.

According to the Thirteenth Amendment to the United States Constitution: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” For prisoners, slavery and involuntary servitude are constitutionally just fine. Where do slavery and justice sleep comfortably together? In prison.

And not only in the United States.

At Yarl’s Wood, in the United Kingdom, women refugees and asylum seekers are held in detention … for the crime of applying for asylum. This week, current and former prisoners, all women, revealed their working conditions and described them as modern day slavery.

Asylum seekers are not allowed to work while their application is in process. But not at Yarl’s Wood. There they work, for next to nothing. Gloria Sestus, a 32-year-old Nigerian, says she is paid £1 to clean the dining room twice a day. The job takes more than an hour each time. As former prisoner Nordia Hylton, 34-year-old Jamaican asylum seeker, noted, “People who work without papers to try and feed their families are arrested for illegally working and detained. But once they get to Yarl’s Wood they can work for next to nothing. The UKBA and Serco are hypocrites. They are taking advantage of people’s situation.”

Gloria Sestus sees it as more than hypocrisy, “It is like slavery in a modernised form.”

It is like slavery in a modernized form. African women, Afro Caribbean women, women of the African diaspora know a thing or two about the history of slavery. The prison strike across Georgia was historic. The prisoners’ testimonies and protests concerning Yarl’s Wood are historic as well. Both call on us to speak and address the historic name of prison labor: slavery.

 

(Photo Credit: hiphopandpolitics.com)

 

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Because they are still human

August 26, 2010 by 1 Comment

James Kessler is a justice architect. That means he works in criminal justice architecture. He is a senior principal at Hellmuth, Obata + Kassebaum, Inc, better known as HOK, one of the largest architectural firms in the world. Here’s how they describe justice architecture: “As an integral part of society and a component of contemporary life in our cities and states, Justice Architecture is a powerful symbol that serves to define the image of justice in every community.”

In a profile this week, Kessler talked about women prisoners in the United States: “Incarcerated women, for example, are more likely to change, or want to change, Kessler said, noting “an incredibly high percentage – more than 50 percent – have been abused as children.” Statistically they also have more health issues than men, and 75 percent are mothers with the added burden of being away from their children, exacerbated by having been abandoned by their own parents in similar situations….In the past, and sometimes at present, Kessler said parity issues arise vis-à-vis men’s prisons, with fewer opportunities and programs available to women who comprise a much smaller percentage of the prison population.…One of the goals during incarceration, Kessler explained, is to ameliorate the anger that defines inmates. According to Kessler, because research has determined women have a much greater need for privacy than men, requiring them to live in open dormitories would very possibly build on that anger rather than helping to relieve it.”

Women prisoners’ anger, women’s anger, creates a different space and inhabits a different architecture than the anger of men.

The profile concludes with Kessler’s reflection: “As architects, we have social responsibilities and certain sensitivities, perceptions and skills to deal with unusual situations for the people that work in them, the people that visit them and for the people that are in them, because they are still human.”

Because they are still human. What determines the humanity of a prisoner? The architecture? The design elements? Such as shackles around the ankles and waists of women in labor and delivery?

In Rhode Island, pregnant prisoners are handcuffed and shackled. Earlier this month, the Rhode Island chapters of the National Organization for Women and the American Civil Liberties Union find this “troubling” and “unnecessary”. Rhode Island Department of Corrections officials see shackling as striking “a balance between the need for security and the interests of a pregnant inmate.” How is being shackled in the interests of a pregnant woman? She is still human, isn’t she?

In California, the ACLU is challenging the same “balanced” shackling of pregnant women: “In California, we currently shackle pregnant women. In jails and prisons, women are forced to walk with shackles around their swollen ankles, chains around their middles, and handcuffs behind their backs. They walk through downtown city blocks chained to one to another, trying their best not to lose balance”. The ACLU thinks this is cruel and unusual punishment, not a balance struck in the interests of pregnant women. But then, perhaps the interests of pregnant women and those of pregnant prisoners are not the same. Does “security” define reconstitute pregnant women prisoners as other than human? Is that the “balance”? What is the name of the different space created by shackled pregnant women walking, stumbling, falling?

In a couple weeks, the Governor of California will have the opportunity to strike a new balance, limiting the use of restraints on pregnant women who are prisoners.

In Texas this month, the ACLU and the Texas Jail Project have charged the Dallas County jail and others in the state with shackling prisoners during labor and delivery.

This week, the U.S. government submitted a report to the UN Human Rights Council. This is the first time the US has ever reported on its own human rights situation. Prison is included in the report. It appears in Chapter III, “A Commitment to Freedom, Equality, Dignity.” Prison is in the third section, Dignity. There are safeguards for dignity in law enforcement and criminal justice, dignity and incarceration, dignity and criminal sanctions, dignity and juvenile offenders. Dignity abounds. There is no mention of dignity and women. There is no mention of the shackling of pregnant women prisoners.

It is August in America. Pregnant women prisoners across the country are being shackled. Even though they do not appear in the report on human rights, they are still human, they are still women … aren’t they?

 

(Image Credit: RadicalDoula.com)

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Ultimate responsibility for the ordinary

March 6, 2010 by 12 Comments

On May 22, 2009, a fire broke out in the Armadale Juvenile Correctional Centre, in Alexandria, St. Ann Parish, Jamaica. Seven girls were burned to death. Five died the night of the fire: Ann-Marie Samuels, Nerrissa King, and Rachael King, all 16 years old; and Kaychell Nelson and Shauna-Lee Kerr, both 15. Later, two more died from the fire: Georgina Saunders, 16, Stephanie Smith, 17.

There were 23 girls in a small space. Sixteen managed to crawl through the fire, to the narrow windows, and out.

Armadale was shut down. An inquiry was launched. The Armadale Enquiry Commission met for over nine months. Its report roundly condemns the government. The fire was set by a spark from a tear gas canister, tossed in the room by a guard. The straw bedding ignited.

On March 2, 2010, Prime Minister Bruce Golding reported to Parliament. The Jamaican press reports that the government “accepts `ultimate responsibility’ for Armadale.” Advocates on all sides debate the government response.

In his remarks, the Prime Minister, not surprisingly, frames the story as tragedy. He opens with tragedy: “The report of the Commission of Enquiry into the tragedy that occurred at the Armadale Juvenile Correctional Centre on May 22, 2009 is being tabled in the House today.”

He closes with tragedy: “The awful tragedy that occurred at Armadale should not have been allowed to happen. We must ensure that no such tragedy ever again occurs. Some wards of our juvenile correctional institutions have turned out to be exceptionally good and successful adults. We must strive to ensure that they are not the exception but become the norm.”

He articulates `ultimate responsibility’ as a function of tragedy: “While public officers must be held accountable for the discharge of their duties, the government must accept ultimate responsibility for the circumstances that led to the Armadale tragedy and for the inadequate facilities provided to care for children who are placed in juvenile correctional or remand facilities. Resource constraints do impose a heavy burden on public officers who work in these facilities but it cannot explain or excuse negligence or inertia.”

What exactly is the tragedy here, and how is ultimate responsibility to be understood?

Almost one hundred years ago, there was another fire, women killed, tragedy invoked.

March 25, 1911: “Near closing time on Saturday afternoon, March 25, 1911, a fire broke out on the top floors of the Asch Building in the Triangle Waist Company. Within minutes, the quiet spring afternoon erupted into madness, a terrifying moment in time, disrupting forever the lives of young workers. By the time the fire was over, 146 of the 500 employees had died. The survivors were left to live and relive those agonizing moments. The victims and their families, the people passing by who witnessed the desperate leaps from ninth floor windows, and the City of New York would never be the same.”

What happened that Saturday, in New York City? When the fire struck, the workers, almost all women, almost all recent immigrants, ran to the fire exits and found them locked, rushed to the windows only to find that the ladders and the water hoses didn’t reach that high. The young women then decided … to die by the flame or to leap and die in the fall. Who had decided to build such tall buildings? Who had decided to lock the doors?

“The Triangle fire had been replayed as tragedy, as destiny, as horror story, as political catalyst. Now it would be examined once more, as a question of justice: Was it right to hold anyone personally responsible? And if it was right, was it possible?”

There is no distance in time or miles between the 1911 Triangle Waist Factory, New York, fire, and the 2009 Armadale Juvenile Correctional Centre, St Ann Parish, one. What, then, is the tragedy; is it possible to hold anyone responsible?

If women are locked in, sooner or later the fires will kill them. If women are forced into overcrowded spaces, sooner or later the fires will kill them. How can planned death be accidental? How can a horrible event that is not destined but rather designed by human beings and perfectly obvious in its detail, how exactly can that event be called a tragedy?

The nobility of the tragic that was so quickly, so easily painted across the face of these two events is a means of obscuring their ordinariness. And it is the ordinariness of the deaths at Armadale and at Triangle that haunts. These are stories of the ways in which death sentences are imposed on women workers, on women prisoners, on women.

Someone was meant to die at Armadale, and that someone was meant to be a young woman, a girl. Which girl, how many girls, remained open. But someone was meant to die there, in a fire. And someone did. And she was a young woman, a girl. And absolutely no one can claim ultimate responsibility for that until they have transformed the everyday world of ordinary women and girls in which women are the fastest growing prison population, and women are the majority of sweatshop workers.

 

(Photo Credit: Armadale: Children on Fire // UNICEF Jamaica / YouTube)

 

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The rule of lawless

August 8, 2009 by 4 Comments

The United States immigrant detention system has been called a gulag. The California state prison system has been called a golden gulag. Millions of women, children, men inhabit severely overcrowded, ferociously under-resourced, rigorously unmonitored and opaque `centers’. This gulag has been likened to sites of bare life where national sovereignty is articulated by the power and capacity to kill and to reduce life to physical survival, and less. These descriptions are accurate, but they miss something. It turns out that the U.S. immigration detention system is just the most recent articulation of the rule of lawless.

The rule of lawless haunts the rule of law. In fact, when the rule of law looks in the mirror, it’s the lawless it sees, and then quickly names as dangerous other. This became clear this past week, when the Obama administration announced its intention to overhaul the immigrant detention system.

National Public Radio reported, “The Obama administration is planning to overhaul the nation’s immigrant detention system.” According to The New York Times, “The Obama administration intends to announce an ambitious plan on Thursday to overhaul the much-criticized way the nation detains immigration violators, trying to transform it from a patchwork of jail and prison cells to what its new chief called a `truly civil detention system.’” The Austin American-Statesman called it a larger and then, the next day, a broader “overhaul of the nation’s immigration detention system”.

Everyone cried overhaul. Overhaul, to change significantly, abruptly, swiftly, with force or violence.

The first site of this supposed overhaul is the T. Don Hutto Residential Center, in Taylor, Texas, a notorious private prison, run by the Corrections Corporation of America, and just down the road from Austin.

Hutto came to public attention over the past few years for its abysmal treatment of children and women. The ACLU, the Women’s Refugee Commission and others weighed in and waged mighty campaigns. Now, children will no longer be sent to Hutto. In fact, `families’ will no longer be sent to Hutto. They’re going to the Berks Family Shelter Care Facility, in Leesport, Pennsylvania.

But Hutto will stay open, as an all-women’s immigration detention center. Michelle Chen, of RaceWire, wrote a terrific piece, “New Direction for Detention?”, that explains in great detail what Hutto means for women, what immigrant detention has meant for women. It’s been terrible, and there’s no reason to think it will improve.

At the same time, and here’s where the rule of lawless kicks in, many think the only way to overhaul the system would be to actually overhaul the system. NPR reporter Michelle Brand interviewed NPR reporter Daniel Zwerdling on the overhaul. Zwerdling reminded Brand that immigrant detainees are “civil detainees”. They are charged with having broken civil, or administrative, laws, “like overstaying a visa”, but are housed with “regular criminals”, and so are treated accordingly: beaten, overcrowded. Many die for lack of medical care. Treated like prisoners in the U.S. system. Ask California, under order to release 43,000 prisoners. The difference is that the immigrants are, again, civil. As Zwerdling explained, “government officials have told me that 90 percent of the immigrants they detain never have a lawyer. So they can’t really even challenge their own detention.”

Why don’t they have lawyers? Because constitutionally, they don’t exist.

“Zwerdling: ` lawyers say the best way to make sure the jails treat immigrants humanely is to pass a law that requires it. Period.’

Brand: ` So, wait, there’s no law that says treat detainees humanely?’

Zwerdling: ` No, absolutely not. The detention standards are legally just guidelines, you know, so nobody can actually force the government and the jails to obey them.

And now some members of Congress have introduced bills that would turn those standards into law. And I asked the Homeland Security spokesman today, will you support that? And he said, no. And I said, why? And he did not give me an answer.’”

That, in a nutshell, is the rule of law. If no law says your category must be treated humanely, you have no legal, juridical protection. Period. And you will not get an answer from members of State about that. More accurately, radical silence shall be your answer.

According to Michelle Brané, Director of the Detention and Asylum program at the Women’s Refugee Commission, when it comes to immigrants, “Our current laws are unforgiving and unrealistic.” Yes, but our current system of non-laws is lethal.

This legal system is one of negation. Everywhere, this negation, this system of absence-of-law, this reliance on written law as the only means of preventing abuse and atrocity, as the only means of `protection’, this is the rule of lawless. The rule of lawless haunts the rule of law, and it targets women. Don’t send women to Hutto. Shut it down.

(Image Credit: WomensRefugeeCommission.org)

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