CR #7: Transitional Justice in the 2020 Census

In the article, “On Suffering and Structural Violence”, Paul Farmer defines structural violence as “suffering [that] is “structured” by historically given (and often economically driven) processes and forces that conspire — whether through routine, ritual, or, as is more commonly the case, the hard surfaces of life — to constrain agency” (Farmer 40). In other words, structural violence seeks to deprive people of having choices, which further marginalizes them. Ultimately, structural violence refers to the structure, which can include racism, sexism, political violence, and poverty- making people powerless in daily situations.

To combat structural violence, Framer suggests implementing accompaniment as a policy. Framer defines accompaniment as “To accompany someone is to go somewhere with him or her, to break bread together, to be present on a journey with a beginning and an end (“Accompaniment as Policy.”). In other words, accompaniment means a solidified partnership, in which two or more individuals join forces to achieve one common goal. When he says, “accompaniment as a policy,” it means placing accompaniment as a top priority that is mandated rather than an option and a commitment throughout all your actions. As a business major, when I hear the word policy, it means that I am required to meet the expectations and requirements that a program or country might have in regards to that policy. In this case, the accompaniment needs to be treated as a policy to foster genuine and meaningful change. Many times, countries an organization put a bandage to cover the structural balances that exist and need to be brought to the light.

Another strategy to restoring power to those who have been marginalized by structural violence is transitional justice. In transitional justice, “citizens [seek] to directly address past abuses, and rails against the tendency in politics to ‘forget and move on” (King and Page 1). It is common, especially in the United States, to forget about the suffering and damage done to others. It seems a bit hypocritical. Still, even coming close to Thanksgiving Day, we celebrate union and welcoming when Americans robbed those who welcomed us by taking over their lands and identity. For this reason transitional violence places a focus on institutional accountability in addressing historical power imbalances on a structural level. Ultimately, transitional justice focuses on “prosecuting individuals who committed atrocities, setting the historical record straight about the abuses that occurred, and paying redress to the victims” (King and Page 4). Like cultural humility, it’s a constant reflection and reminder of damaged caused to others, so that these actions are not repeated but also to have reconstructive justice for the victims.

Having an understanding of structural-level power dynamic is so crucial to transitional justice as recognizing that it is present in our society bring the issue to life. To start the healing process, the oppressor and oppressed need first to acknowledge the suffering. Once it’s recognized, reparations need to begin. It is crucial to remember the causes of these sufferings so that the constant reminder serves as an example to the oppressors of the atrocious actions they commitment and more in-depth understanding of why it is wrong and (2) of an oppressed member to know that their pain was acknowledged and that policy-level actions are taken to restore their identity and power. The nonprofit organization I work for is taking small steps in creating transitional justice. As an accompanist, it is committed to the journey it must embark on to create structural level change. It leads and joins initiatives that seek to empower those who have been robbed through structural violence. However, there is a long journey ahead.

Specifically, with the 2020 Census, the historical undercount isn’t necessarily the result of the hard-to-count communities’ lack of interest but rather fear and distrust towards governments in both their home and foreign country who placed their self-interest before the well-being of communities. In the article, “Towards Transitional Justice? Black Reparations and the End of Mass Incarceration,” King and Page ask the question, “How to deal with those who carried out atrocities on behalf of the previous regime?” (2). This question directly connects with the experience that many of the Canal’s community members suffered in Latin America. The reason why they do not wish to participate in the 2020 Census is because historically, they have been betrayed, first by Spanish conquistadors, then by the leaders of their tribes so that they (the leaders) could join the dominant group (the Spanish conquistadors, then by their presidents who have further placed them in poverty, and now by the current administration who seeks to un-other them by excluding them from the census count. To start the process of transitional justice, I would suggest holding a meeting where the organization acknowledges the historical fear and distrust that exists in this community. Even by talking about it, it will be a reassurance that their suffering isn’t invisible to us. Then, they can focus on empowering this community by choice: allowing them to make an educated decision to participate or not in the 2020 Census, and finally accompanying them in creating an institutional level reparation.

Farmer, Paul. “Accompaniment as Policy.” Transcript of commencement address given at Harvard University Kennedy School of Government, May 25, 2011.

Farmer, Paul. “On Suffering and Structural Violence.” Pathologies of Power: Health, Human Rights, and the New War on the Poor. 29–50. Berkeley: University of California Press, 2003.

King, Desmond S., and Jennifer M. Page. “Towards Transitional Justice? Black Reparations and the End of Mass Incarceration.” Ethnic and Racial Studies, vol. 41, no. 4, 2018, pp. 739–758., doi:10.1080/01419870.2018.1381341.

--

--