/* Written  3:31 pm  Apr  3, 1993 by nlns@igc.apc.org in igc:nlns.news */
/* ---------- "NLNS Spring 93' Supplement" ---------- */

War on Drugs?  Has the US Declared a War on Drugs, or on Communities 
of Color?
Cecilia Oregon, Diatribe
	

(NLNS)--War has been declared upon people of color. Termed the "War 
on Drugs" by the U.S. government in an attempt to cover the racist truth, 
the actual war is against our communities. In order to rationalize the poor 
housing, health, income and educations of our people, our communities 
have falsely been linked with rampant crime, drug dealing and drug use. 
This "War on Drugs" is, in effect, a cover for the racism embedded in our 
legal system. There are battles being fought everyday in our barrios, 
ghettos, Koreatowns, Vietnamese communities, Chinatowns, and Native 
American reservations. The armies of the opposing side are the police 
departments of this country which have taken certain liberties in 
interpreting the U.S. Constitution, leaving people of color stripped of basic 
constitutional rights.
	By having declared a "state of emergency" on September 5, 1989, 
President Bush effectively relaxed the constitutionally-guaranteed 
procedures followed in criminal matters, leaving the police free to exercise 
their power without the constraint of law. These procedures were 
originally established to uphold the Bill of Rights which protects 
individuals from police abuse (Amendments 4-8); nevertheless, in light of 
this state of emergency, a "good faith clause" has been adopted by law 
enforcement agencies which allows for search and seizure without a 
warrant, effectively nullifying a personUs constitutional rights. 
	The Fourth Amendment to the Constitution states that one is 
protected from unwarranted search and seizure. The "good faith clause" is 
a policy which allows for the sociological and personal biases of entire 
police departments to be included in the investigative process. There is 
obviously opportunity for abuse when such drastic shortcuts are taken. 
People of color have been made targets and victims of departmental abuse. 
It was to prevent such abuses that the amendments to the constitution were 
adopted, and it is because of this that these loopholes are in violation of 
our constitutional rights and threaten liberty everywhere. 
	 It is of utmost importance to make our communities aware of 
these civil rights violations. Unfortunately, many of our people are 
unaware not only of these violations but also of their constitutional rights.  
Because the "War on Drugs" is really a war on our communities, it has 
been effective in stomping on our rights and ineffective in alleviating the 
so-called drug problem. There are other ways to prevent drug use and sales 
which have systematically been ignored by the U.S. government. For 
example, waging a war on unemployment and illiteracy would reduce 
poverty and restore the sense of pride which has dissipated from our 
communities.  
	It is because of our underfunded schools and unrewarding 
employment opportunities that many of our relatives and friends turn to 
dealing or using drugs and joining gangs, risking their lives for even the 
smallest piece of the American Dream. Another way to alleviate this 
"drug" problem would be for the U.S. government to encourage 
impoverished countries to grow crops other than those used to produce 
illegal drugs. 
	 The only way to overcome these abuses by U.S. law enforcement 
agencies is to create awareness in targeted communities and help our 
people understand their basic rights, as well as understand that the drug 
problem is deeper than just illegal drugs being bought and sold. We must 
ban together and confront the racist law enforcement policies of the U.S. 
as a united force. We must hold gang members accountable for their 
actions and create awareness in them as well. We have been discriminated 
against, especially regarding drug enforcement policies, and have 
systematically been left with few alternative forms of employment besides 
drug trafficking. Broken up into small gangs, our efforts are useless.

Fourth Amendment to the U.S. Constitution:
	The right of people to be secure in their persons, houses, papers, 
and effects, against unreasonable search and seizures, shall not be violated, 
and no warrants shall be issue but upon probable cause, supported by oath 
or affirmation, and particularly describing the place to be searched, and the 
persons or things to be seized.

Fifth Amendment to the U.S. Constitution:
	No person...shall be compelled in any criminal case to be a witness 
against himself, not be deprived of life, liberty, or property, without due 
process of law; nor shall private property be taken for public use without 
just compensation. 

Sixth Amendment to the U.S. Constitution:
	In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district and to 
be informed of the nature and cause of the accusation; to be confronted 
with the witnesses against him; ... and to have the assistance of counsel for 
his defense.		

Seventh Amendment to the U.S. Constitution:
	...the right of trial by jury shall be preserved.....

Eighth Amendment to the U.S. Constitution:
	Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted.

Diatribe is published by the People of Color News Collective at UC 
Berkeley, and they can be reached at 700 Eshleman Hall, Berkeley CA 
94720; psloh@garnet.berkeley.edu

--- 30 ---