Settler Colonialism, Race, and the Law

Оглавление

Natsu Taylor Saito. Settler Colonialism, Race, and the Law

Settler Colonialism, Race, and the Law. Why Structural Racism Persists

Contents

Introduction

1. Racial Realities

Persistent Disparities

Activism Rekindled

Liberatory Visions

Retrenchment and Repression

Moving Forward

2. Unsettling Narratives

The Master(’s) Narrative

A Story of Progress

A Story of Race and Gender

A Story of Property

Silent Spaces

The Violence of Colonization

Indigenous Worlds

Many Worldviews

3. Settler Colonialism

Colonialism: An Overview

External Colonialism

Internal Colonialism

Settler Colonialism

Colonialism and Genocide

First Principles

4. Land and Indigenous Peoples

Racialization

Strategies of Elimination

Direct Killing, or Officially Sanctioned Massacres

Privatized Violence

Indirect Killing, or Disease

Sterilization

Contemporary Violence

Strategies of Displacement and Containment

Forced Removals

Internments

Strategies of Conceptual Disappearance

“Recognition”

Assimilation

Indians as Anachronism

Looking Ahead

5. Enslaved Labor and Strategies of Subjugation

Slavery

Contested Identities

Racialization

Strategies of Subjugation. Population Control

Forced Reproduction

The “One Drop” Rule

Spatial Containment

Violence and Terror

6 “Emancipated” African Americans. Rights and Redundancy

Reconstruction and Retrenchment

Landownership

Geographic Containment

Economic and Social Exclusion

Criminalization and Convict Labor

Violence and Terror

American Apartheid

Separate and Unequal

The Civil Rights Era

Ongoing Strategies of Subjugation

Racialization

Property Ownership

Spatial Containment and Social Control

Population Reduction

Mass Incarceration

Officially Sanctioned Violence and Terror

7. Others of Color. Inclusions and Exclusions

Framing the Inquiry

Theorizing “Others”

Colonial Functions and Strategies

Citizenship

Territorial Expansion

Labor

Chinese Labor

Mexican Labor

Filipina/o Labor

Immigration Restrictions

Chinese Exclusion

National Origin Quotas

Permanent Residents and the 1965 Reforms

Temporary Workers

Unauthorized Workers

Refugees

Refugee and Asylum Policies

War Refugees

Unwanted Peoples

8. Others of Color. Subordination and Manipulation

Racialization

Racial Caricatures

Perpetual Foreignness

Racial Conflation

Racial Manipulation

Assimilationism

Assimilation as Conceptual Disappearance

Assimilation as Illusion

Strategies of Subordination

Property Ownership. Mexican Land Grants

Alien Land Laws

Spatial Containment

Population Control

Criminalization

Presumptions of Criminality

Threats to National Security

Violence and Intimidation

9. Constitutional Protection and the Dynamic of Difference

Plenary Power

Constitutional Equal Protection

Assimilationism

10. International Law and Human Rights

States in International Law

Fundamental Human Rights

Human Dignity

Racial Discrimination and Xenophobia

Rights of Indigenous Peoples

Genocide

Legal Redress

Basic Principles

Two Case Studies

Western Shoshone Land Claims

Border Killings

International Law in US Courts

Calls for Enforcement

Attempts at Containment

11. Decolonization and Self-Determination

The “Decolonization Era”

The Right to Self-Determination

Territorial Integrity

Defining Peoples

Moving beyond “Universality”

Thinking beyond States

Self-Determination as a Continuing Process

Nations Within

Native Nations

“Nations Becoming”

12. Mapping New Worlds

Identities

Reclaiming Histories

Reconstructing Identities

Strategies

Actions

Conclusion. We Won When We Started

Acknowledgments

Notes. Introduction

Chapter 1. Racial Realities

Chapter 2. Unsettling Narratives

Chapter 3. Settler Colonialism

Chapter 4. Land and Indigenous Peoples

Chapter 5. Enslaved Labor and Strategies of Subjugation

Chapter 6. “Emancipated” African Americans

Chapter 7. Others of Color: Inclusions and Exclusions

Chapter 8. Others of Color: Subordination and Manipulation

Chapter 9. Constitutional Protection and the Dynamic of Difference

Chapter 10. International Law and Human Rights

Chapter 11. Decolonization and Self-Determination

Chapter 12. Mapping New Worlds

Conclusion

Works Cited. Articles, Chapters, and Online Documents

Books

Official Documents

List of Cases

Index

About the Author

Отрывок из книги

CITIZENSHIP AND MIGRATION IN THE AMERICAS

General Editor: Ediberto Roman

.....

Direct governmental repression is, no doubt, part of how we came to this place, a phenomenon that has not abated over the past several decades, regardless of who is president or which political party controls Congress.98 All of the movements of the 1960s were subjected to intensive surveillance, infiltration, and the use of disinformation to create splits within organizations and to discredit them in the public eye, most famously through the COINTELPRO (counterintelligence program) operations of the FBI.99 Organizations perceived as the most “radical” faced barrages of criminal prosecutions that relied on false testimony and fabricated evidence to incarcerate their leadership and to divert their resources into protracted legal defense efforts.100 When these tactics failed to meet their stated goal of “neutralizing” threats to the status quo, leaders such as Fred Hampton and Mark Clark of the Illinois Black Panthers were simply assassinated.101 In other cases, as in the 1973 siege of American Indian Movement activists and supporters at Wounded Knee, armed force was intensively deployed and military counterinsurgency methods subsequently used to undermine support for AIM on the Pine Ridge Reservation.102

Under these conditions it is not surprising that many of those who once identified as “warriors” would come to consider defending their communities and creating alternative institutions to be, at best, an exercise in futility. No one was held responsible for the violations of constitutional rights attending COINTELPRO or similar governmental operations, despite their being condemned as illegal and unconstitutional by a Senate oversight committee. Instead, many victims of these operations remain incarcerated today.103 For the most part, organizations that advocated self-determination for people of color under US jurisdiction have been erased from mainstream history or are portrayed as “gangs” of criminals and thugs.104 Numerous COINTELPRO tactics have since been legalized in the “war on terror”105 and advocates of “separatism” are now classified as extremists and potential terrorists not only by the FBI but also by liberal organizations such as the Southern Poverty Law Center.106

.....