Introduction to Law Martha Rose C.

Serrano Block GO1- COL Human Miseries : The Amistad "All human beings are born free and equal in dignity and rights. Everyone is entitled to all the rights and freedoms set forth in the universal Declaration of Human Rights, without distinction of any kind, such as race, creed, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Everyone has the right to life, liberty and security of person."1 Principle 1, ICPD Programme of Action Atty. Pura Calleja August 29, 2012

For sometime now, we have been complacent about Humanitarian Issues, which we ourselves find abusive and unjust. Nevertheless, we continuously become restrained and discreet about the voluminous injustices we find in our everyday encounter with the people around us. This made me think whether or not the stated principle has been true enough. We already discussed in class the history unveiling the existence of Human Rights today but then, we continue to question why inequality still exists.

In a business perspective, equality has been defined as the situation in an economy in which the apportionment of resources or goods among the people is considered fair.2 However, in a social perspective we define equality as the state of being equal, especially in status, rights, or opportunities.3

Given these two perspectives we come to a generic definition of equality as a condition where rights, privileges are considered humane and fair in all aspects conforming the existence of a state. These definitions guided ones interpretation and just understanding of Human Rights being a fundamental and inherent right.

History dictates to us different kinds of inhumane stories that shaped us as individuals enjoying the privilege of freedom being protected justly by laws. We turn our backs and recall the those times when those before us continuously struggle to be considered as human beings and not as simple goods that perish.

The movie the Amistad, was a heart-rending movie that reflects the societies view of natives in classes and in a society viewed differently by the rest of the world. The feeling of rejection, fear, and being

1 2

Principle 1, ICPD Programme of Action http://www.unfpa.org/rights/quotes.htm Business Dictionary http://www.businessdictionary.com/definition/economic-equity.html#ixzz24wO10gjr 3 Oxford Dictionary http://oxforddictionaries.com/definition/english/equality

considered as a 3rd class individual was only a part of the inhumane issue. In 1839, on a stormy night off the coast of Cuba, fifty-three Africans were held captive on the slave ship La Amistad. Led by Cinque, they break free of their shackles, arm themselves and take control of the ship reclaiming their freedom. They have one goal: to return to Africa. The Africans rely on the two surviving members of the crew to navigate them home. However, after two months the Amistad is captured off the coast of Connecticut by an American naval ship. The Africans are put on trial for the murder of the crew but the case becomes the symbol of a nation divided. The Africans are championed by abolitionists Theodore Joadson and Lewis Tappan and a young real estate attorney Roger Baldwin Seeking re- election, pro-slavery President Martin Van Buren is willing to sacrifice the Africans to appease the South as well as Queen Isabella of Spain. However, Van Burens will is challenged by former President John Quincy Adams who comes out of retirement to fight the Africans cause in the United States Supreme Court.

This case challenges the very foundation of a legal system. For the African captives on trial it is not a clash of politics or ideologies but a fight for the basic right of all mankind. 4

Slavery & Trade The story of the Amistad begins in the region of West Africa now occupied by the country of Sierra Leone in the heart of Mende land. Mende culture was flourishing in the eighteenth and nineteenth centuries with their political and military influence expanding over an everincreasing area.5

The slave trade brought great wealth to slave traders and the plantation owners whose crops of cotton, sugar, rice and tobacco were produced by slave labor. Slave labor did not require wages. It was cheaper to import a young adult slave than to raise one born in slavery on a plantation. This required continuous fresh shipments of enslaved Africans. The slave traders made huge profits, as did the Africans who sold their fellow countrymen to the slave
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Amistad Synopsis- http://www.filmeducation.org/pdf/film/Amistad.pdf African Civilisation- http://www.filmeducation.org/pdf/film/Amistad.pdf

traders.

Slaves were brought down to the coasts of Africa where European slave traders bought them from their African sellers. The Europeans who were considered as the elite befriended African rulers and powerful men and gave them gifts to entice them to sell their slaves willingly.

Middle Passage The time spent by Africans in slave ships during the crossing of the Atlantic was commonly referred to as the Middle Passage. The slaves were stripped naked and shaved clean before being herded onto the ships like animals. On some ships, where the slaves were the property of many different owners, they would be branded to identify them. The captives were fed twice a day, once in the morning and once in the afternoon. Deaths occurred before, during and after the Middle Passage. Mortality during the Middle Passage was due to a number of highly infectious diseases, such as dysentery. smallpox and measles. 6

Civil Rights The battle for equality began with the Amistad Africans known as the Amistad Incident in the United States which eventually developed into the Civil Rights Movement after the Civil War was finally won with the passing of the Voting Rights Act of 1965 - over one hundred years after Cinque and his fellow captives were finally freed. Key figures in the Civil Rights Movement, which gathered momentum in the 1940s. 7

The Proposal

The existence of human miseries in the Amistad opened our realization that there exist human injustices in our world as early as the 18th century. Maybe its true, that equality may be easily defined in books and studied but very cruel in this humane society. Civilizations come across unjust representations as to individuals considered as slave-goods but harsh enough for us to consider the conscious battle of individuals to become respected and treated humanely. Looking back in our own history as a country we could see how
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Middle Passage- http://www.filmeducation.org/pdf/film/Amistad.pdf Civil Rights- http://www.filmeducation.org/pdf/film/Amistad.pdf

different civilizations treat us as low class Indios who they considered as barbaric, no system of government and lifeless creatures intended to serve their masters. It took us centuries and hundreds of lives just to satisfy our thirst for freedom, justice and peace in our native land.

Like the story of the Amistad, in certain ways we continue to battle our human independence against abusers and high-class societies who has considered themselves as our giants in this kind of world. We battle our history as a civilization that hungered for equality. We adapt to different humanitarian organizations, to contribute and to listen justly and fairly with all the issues governing our nation. We have a strong form of government rallying against injustices and strictly conforming to an ideal and humane society but are this enough?

I come to this realization that the Amistad experience may be synonymous to what all of us have experienced daily. We find social issues like poverty, labor related violence, discrimination and the like and conform it to numerous laws to protect our citizens but does it really make a difference?

These questions can be seemingly answered by yes or no, but are we just in making our own evaluation regarding the matter? Human rights are considered fundamental and inherent right yet it must be known and understood by the majority. Education is a must. As individuals we must be able to preach and live out these rights to make it known and to make it just.

We may come across associations that foster and protect human development and their rights. Yet, we make it a point that we contribute fairly to these organizations. We live out what we talk about. We all wanted to live in an equipped society that treats all their citizens justly. We rally against those who are unjust and treat us unfairly as a nation. Thus, we move fast track to what we wanted to achieve as one nation. Dealing with all the other aspects of poverty, education, malnutrition as a hindrance to this growth, we make a share and pledge to take part in this kind of journey, which we come to and which we will benefit of.