Comrade Malik (Keith Washington) and Kush-I (Robert T. Smith) at USP Pollock
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Rastafari Prisoners
Persecuted at Angola
by
Robert T. Smith (aka Kush-I) – San Francisco Bay View 7/5/20
In the
Old Testament Scriptures, the God in the prophet Daniel’s vision had wooly
hair: “And the hair of his head was like pure wool.” (Daniel 7:9) In the book
of Revelation in the New Testament, the God in John’s vision also had wooly
hair. “His head and hair were … like wool.” (Revelation 1:14)
The
evil trick perpetrated and perpetuated by white supremacist forces historically
has been to instill a feeling of inferiority in people of other races by
denigrating their physical traits while exalting whiteness. This process and
practice continue to permeate and corrupt the social systems of the United
States and, in truth, the entire globe.
The
crusade to suppress Rastafari religious exercise stems from the fact that the
root of this religion sprang from rich and potent Black soil that spiritually
nurtures all nations. ONE LOVE.
The
Louisiana State Penitentiary at Angola is named after the African country from
which many Black people were kidnapped then brought to Louisiana and enslaved.
Operations at the prison are controlled by Secretary James LeBlanc of the
Louisiana Department of Public Safety and Corrections, Angola Head Warden
Darrel Vannoy and Jim Rentz, supervisor of the Chaplaincy Department at the
institution.
Under
their leadership, Rastafarian prisoners are denied equal access to space for
storing religious material and equipment. They are also discriminated against
in ways that prohibit space and time for Rastafarian study groups and other
rehabilitative programming and denied access to community outreach support
systems.
Additionally,
and most egregiously, prison authorities in Louisiana have interjected
themselves into the religious practices of Rastafarian prisoners by making a
rule stipulating that Rastafarian dreadlocks cannot be grown until an
individual has been a member of the Rastafarian religious congregation for at
least six months. And even after that time, the rule stipulates that a
Rastafarian prisoner’s dreadlocks may be cut for violating any prison rule even
before they are proven guilty of the violation!
Rastafarian
adherents are required to grow their dreadlocks, which is actually a part of
the initiating vow of becoming a Nazirite Rasta. Angola’s policies therefore
violate the First Amendment’s Establishment Clause against excessive government
entanglement with religion.
I am an elder of the Rastafari faith. From 1989 to 1995, I was held in solitary confinement for refusing to cut my dreadlocks for religious reasons.
They
also violate the Religious Land Use and Institutionalized Persons Act (RLUIPA),
imposing a substantial burden on Rastafarian prisoners by forcing them to
engage in conduct that seriously violates their religious tenets. “Then the
Lord spoke to Moses saying, ‘When either Man or Woman consecrates an offering
to take the Vow of the Nazirite to separate themselves to the Lord … they shall
let the locks of the hair of their heads grow.’” (Numbers 6:2, 5)
I am an
elder of the Rastafari faith and have experienced similar forms of religious
persecution under the Pennsylvania Department of Corrections. I have been
incarcerated since July 1988. From 1989 to 1995, I was held in solitary
confinement for refusing to cut my dreadlocks for religious reasons.
I was
locked in a cell for 23 hours a day and allowed only one hour of exercise five
days per week. The cell lights stayed on 24 hours a day. I was denied access to
radio, television, phone calls, thermal underwear during winter and the
opportunity to purchase food from the commissary. All this and more because I
tried to exercise my rights to freedom of religion as guaranteed by the United
States and Pennsylvania Constitutions.
In June
1995, I was released from solitary confinement and placed in general
population. This was accomplished through a lawsuit and negotiated settlement
agreement pursuant to the Religious Freedom Restoration Act of 1993 (RFRA). I
was alerted to the existence of the RFRA by political prisoner Mumia Abu Jamal,
who was housed on Death Row in Pennsylvania at that time. We were placed next
to each other in cages during our recreation period. He had his supporters mail
me a copy of the RFRA and I will be eternally grateful to them and to him for
their mutual aid and solidarity.
The
aftermath of my lawsuit also created religious exemptions not only for
Rastafarians, but also for Native Americans, Sufis, Sikhs and other religious
groups with long hair requirements for their adherents under the 14th
Amendment’s Equal Protection Clause. (The RFRA no longer applies to state
prisoners, but RLUIPA does.)
And the
Louisiana State Constitution states under Freedom of Religion, section 8: “No
law shall be enacted respecting an establishment of religion or prohibiting the
free exercise thereof.”
We are
in the process of building the Rastafari Legal Defense and Education Fund to
defend our religious rights. We welcome any assistance and insight from our
friends and supporters. We also extend our deepest gratitude to the American
Civil Liberties Union and the National Lawyers Guild, as well as numerous
university law professors and their students and legal aid societies that have
helped us thus far. Despite being persecuted for our religion, we will
unwaveringly continue to practice love with respect, as we remain confident in
the victory of good over evil.
In the
words of Rastafari Haile Selassie-I, “Since nobody can interfere in the
realm of GOD, we should tolerate and live side by side with those of other
faiths.”
We
thank Rebecca Hensley and the Louisiana Network for Criminal Justice
Transformation for making us aware of the struggle of the Rastafarian brothers
inside Angola. To learn more or support their work, email LA-NCJT@ProtonMail.com.
NOTE: Robert T. Smith bka Kush-I is an elder of the Rastafari Living Temple, he is founder of the Rastafari Legal Defense & Education Fund and Co-founder of Global Individual Rights Defenders (GIRD). Kush-I has been incarcerated since July 1988 and he is still fighting to regain his freedom from a life sentence. Ex-Police officer Jack Baird confessed to the F.B.I. that he falsified evidence and lied to the Jury at Kush-I's trial. Baird received a 15 year sentence and hundreds of prisoners were freed on cases that Baird had worked on. Baird's confession and other due-process violations are evidence that Kush-I did not receive a fair trial.
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