The US House Judiciary Committee has voted through a bill aimed at establishing a commission to examine slavery and its lasting consequences in the US. This commission would make recommendations for education and compensation as well as how to deal with the existing racial discrepancies in terms of housing, healthcare, and earnings in the US. The bill was pushed through by Democrats on the committee, which narrowly passed a 25-to-17 vote against the objections of Republican members. Before being enacted as legislation, HR 40 must first face a vote in the House of Representatives in the coming weeks. Then, it must also pass in the Senate, where it is likely to face strong Republican opposition, before being considered by President Biden, who has implied that he will support the bill.
THE IMPORTANCE OF REPARATIONS
The bill, commonly known as HR 40, would be “the first meaningful step” towards reparations and a serious act towards addressing racial inequality, according to Dreisen Heath, researcher and advocate at Human Rights Watch. HR 40 has been introduced at every congressional session for the past 30 years but has never reached a committee vote. The fact that the bill has succeeded thus far this year may be related to the increasing racial tensions in the US since the murder of George Floyd and the Black Lives Matter (BLM) protests that followed.
Under the International Covenant on Civil and Political Rights, the right to an effective remedy for human rights violations requires governments to ensure reparations for victims as well as truthful information about the violation of their rights. This would include a formal apology for the harm suffered through slavery and its consequences, something that has never been addressed in a direct manner. As the US is a state party to this treaty, the reparations bill may allow it to meet its international obligations.
In 1865, Special Field Order No.15 stated that newly-emancipated slaves would receive 40 acres of land in an attempt to provide some form of reparation. However, following President Lincoln’s assassination, Andrew Johnson retracted the order, returning the land to its prior southern owners. Those who had enslaved people were then compensated for their “lost property,” and the emancipated continued to be subjected to abuse, segregation, and systematic racism. This led to issues including redlining and “urban renewal” projects, which were aimed at continuously benefitting white citizens whilst undermining Black citizen’s rights to adequate healthcare, education, and economic opportunities. Despite this, there has been no compensation, nor has there been a serious attempt at righting the ongoing wrongs that arose from slavery. Given these ongoing issues and the US's complete failure to take accountability, the importance of HR 40 cannot be overstated.
THE CURRENT RESPONSE
The bill has yet to be considered or passed by the closely-divided Congress. HR 40 has no Republican co-sponsors and requires 60 votes in the Senate to pass. Thus far, Republicans on the Judiciary Committee unanimously voted against the bill.
Jim Jordan, the ranking Republican on the committee, explained the Republican stance by stating that HR 40 attempts to “spend $20m for a commission that’s already decided to take money from people who were never involved in the evil of slavery and give it to people who were never subject to the evil of slavery,” thus arguing that because slavery was not carried out by modern-day Americans, it is not an issue worth considering now. However, Democrat David Cicilline rightly highlights that this stance entirely “misses the point”. He states that “it’s about our country’s responsibility, to remedy this wrong and respond to it in a thoughtful way”. Given that the consequences of slavery are so long-lasting and still impact Black citizens in modern-day America, the issue is certainly one that necessitates taking accountability and providing some relief.
Whilst some may assume that this form of reparations is unrealistic or would be difficult to deliver, there have been similar successful campaigns in the past. For example, following the atrocities the US committed against Japanese Americans after the bombing of Pearl Harbor, President Ronald Reagan made a formal apology and signed the 1988 Civil Liberties Act, where survivors were paid around $44,000 in today’s money. This is a clear example of how it can, and should, be possible for countries to own up to their past mistakes.
“THE US CAN LEAD BY EXAMPLE”.
Professor of History Anne Bailer writes that the HR 40 bill could “drastically improve” America’s standing internationally, highlighting the way for other nations to deal with past atrocities. This is especially important at a time when President Biden is determined to rebuild the US’s image and has clearly acknowledged systemic inequalities whilst stating his commitment to address them. This contrasts the position in the UK, for example, where a recent report has denied the existence of any institutional racism within the country, to the disappointment of many activists and people of colour. Many hope that the US can lead by example and encourage countries such as the UK to address racial injustices on their own land.
This article was written as part of the Human Rights Pulse Writer’s Workshop programme.
Tanya is a Law student heading into the final year of her degree at the University of Manchester. She is interested in bringing attention to human rights issues arising from her Pro-Bono work at University (volunteering at the Legal Advice Centre and taking part in volunteering projects). Her main goal is to become a Barrister practising in either Criminal or Family Law.