Removal of Exception to Slavery Prohibition for Criminals Amendment | ||||||||||||||||||||||
| Results | ||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| ||||||||||||||||||||||
 
| ||||||||||||||||||||||
| Election was held: November 6, 2018 | ||||||||||||||||||||||
| Elections in Colorado |
|---|
 |
Colorado Amendment A was a 2018 referendum to amend Article II, Section 26 of the Constitution of Colorado to remove language permitting slavery and involuntary servitude only as punishment for crime.
Article II, Section 26 of the Constitution of Colorado previously stated:
"There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted."
An organization to remove the language, Abolish Slavery Colorado, collected signatures to put the question on the ballot in 2016 as Colorado Amendment T, but it failed by less than 1%. Advocates of the initiative blamed the wording of the question, which stated:
"Shall there be an amendment to the Colorado constitution concerning the removal of the exception to the prohibition of slavery and involuntary servitude when used as punishment for persons duly convicted of a crime?"
In 2018, the question was changed for clarity and put before voters, requiring a 55% affirmative vote to pass. The question was:
"Shall there be an amendment to the Colorado constitution that prohibits slavery and involuntary servitude as punishment for a crime and thereby prohibits slavery and involuntary servitude in all circumstances?"
The 2018 question was passed by 66.23% of voters on November 6. As a result, Article II, Section 26 of the Colorado Constitution now simply reads:
"There shall never be in this state either slavery or involuntary servitude." [1]
A lawsuit was filed in July 2020 by three inmates and one former inmates against Gov. Jared Polis, the Colorado Department of Corrections and a private prison operator under Amendment A to increase wages for penal labor from USD$0.10 an hour, which the inmates described as "slave wages", to the current Colorado minimum wage (USD$12 an hour as of 2020), in addition to paid sick leave and vacation time. [2] This is considered the first lawsuit under the amendment to seek reform of the penal labor practices in the Colorado corrections system.
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount. Prison labor is often referred to as involuntary servitude. Prisoners are forced to work for free or for very little money while they carry out their time in the system.
The Black Codes, sometimes called the Black Laws, were laws which governed the conduct of African Americans. In 1832, James Kent wrote that "in most of the United States, there is a distinction in respect to political privileges, between free white persons and free colored persons of African blood; and in no part of the country do the latter, in point of fact, participate equally with the whites, in the exercise of civil and political rights." Although Black Codes existed before the Civil War and although many Northern states had them, the Southern U.S. states codified such laws in everyday practice. The best known of these laws were passed by Southern states in 1865 and 1866, after the Civil War, in order to restrict African Americans' freedom, and in order to compel them to work for either low or no wages.
The Maryland Constitution of 1864 was the third of the four constitutions which have governed the U.S. state of Maryland. A controversial product of the Civil War and in effect only until 1867, when the state's present constitution was adopted, the 1864 document was short-lived.
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution. It was thought that forcing states to deliver fugitive slaves back to enslavement violated states' rights due to state sovereignty and was believed that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because forcing people back into slavery was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a jury.
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included involuntary servitude, penal servitude, and imprisonment with hard labour. The term may refer to several related scenarios: labour as a form of punishment, the prison system used as a means to secure labour, and labour as providing occupation for convicts. These scenarios can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts.
A prison farm is a large correctional facility where penal labor convicts are forced to work—legally or illegally—on a farm, usually for manual labor, largely in the open air, such as in agriculture, logging, quarrying, and mining. In the United States, such forced labor is made legal by the thirteenth amendment to the Constitution; however, some other parts of the world have made penal labor illegal. The concepts of prison farm and labor camp overlap, with the idea that the prisoners are forced to work. The historical equivalent on a very large scale was called a penal colony.
Niger is a source, transit, and destination country for children and women subjected to trafficking in persons, specifically forced labor and forced prostitution. Caste-based slavery practices, rooted in ancestral master-slave relationships, continue primarily in the northern part of the country. Children are trafficked within Niger for forced begging by religious instructors known as marabouts; forced labor in gold mines, agriculture, and stone quarries; as well as for involuntary domestic servitude and forced prostitution. The ILO estimates at least 10,000 children work in gold mines in Niger, many of whom may be forced to work. Nigerien children, primarily girls, are also subjected to commercial sexual exploitation along the border with Nigeria, particularly in the towns of Birni N'Konni and Zinder along the main highway, and boys are trafficked to Nigeria and Mali for forced begging and manual labor. There were reports Nigerien girls entered into "false marriages" with citizens of Nigeria, Saudi Arabia, and the United Arab Emirates: upon arrival in these countries, the girls are often forced into involuntary domestic servitude. Child marriage was a problem, especially in rural areas, and may have contributed to conditions of human trafficking. Niger is a transit country for women and children from Benin, Burkina Faso, Gabon, Ghana, Mali, Nigeria, and Togo en route to Northern Africa and Western Europe; some may be subjected to forced labor in Niger as domestic servants, forced laborers in mines and on farms, and as mechanics and welders. To a lesser extent, Nigerien women and children are sometimes trafficked from Niger to North Africa the Middle East, and Europe for involuntary domestic servitude and forced commercial sexual exploitation."
Tilikum v. Sea World was a legal case heard in the US Federal Court in 2012 concerning the constitutional standing of an orca. It was brought by People for the Ethical Treatment of Animals (PETA) on behalf of Tilikum, an orca kept in the SeaWorld Orlando park, against the SeaWorld corporation.
Penal labor in the United States is a multi-billion-dollar industry. Annually, incarcerated workers provide at least $9 billion in services to the prison system and produce more than $2 billion in goods. The industry underwent many transitions throughout the late 19th and early and mid 20th centuries. Legislation such as the Hawes-Cooper Act of 1929 placed limitations on the trade of prison-made goods. Federal establishment of the Federal Prison Industries (FPI) in 1934 revitalized the prison labor system following the Great Depression. Increases in prison labor participation began in 1979 with the formation of the Prison Industry Enhancement Certification Program (PIECP). The PIECP is a federal program first authorized under the Justice System Improvement Act of 1979. Approved by Congress in 1990 for indefinite continuation, the program legalizes the transportation of prison-made goods across state lines and allows prison inmates to earn market wages in private sector jobs that can go towards tax deductions, victim compensation, family support, and room and board.
The history of forced labor in the United States encompasses to all forms of unfree labor which have occurred within the present day borders of the United States through the modern era. "Unfree labor" is a generic or collective term for those work relations, in which people are employed against their will by the threat of destitution, detention, violence, lawful compulsion, or other extreme hardship to themselves or to members of their families.
The 2016 U.S. prison strike was a prison work stoppage that began on September 9, 2016, the 45th anniversary of the Attica uprising. The strike occurred in 24 states, and over 24,000 prisoners took part in the strike. The involvement of 24,000 prisoners made this strike the largest ever recorded in the U.S. Within a week, inmates from approximately 20 prisons participated. Organizations involved in coordinating the strike included the Incarcerated Workers Organizing Committee and the Free Alabama Movement.
The Oregon black exclusion laws were attempts to prevent black people from settling within the borders of the settlement and eventual U.S. state of Oregon. The first such law took effect in 1844, when the Provisional Government of Oregon voted to exclude black settlers from Oregon's borders. The law authorized a punishment for any black settler remaining in the territory to be whipped with "not less than twenty nor more than thirty-nine stripes" for every six months they remained. Additional laws aimed at African Americans entering Oregon were ratified in 1849 and 1857. The last of these laws was repealed in 1926. The laws, born of pro-slavery and anti-black beliefs, were often justified as a reaction to fears of black people instigating Native American uprisings.
Martin Tabert was an American forced laborer. The circumstances of Tabert's death – being a white man beaten to death by an overseer – caused a public reaction that resulted eventually in the end of Florida’s longstanding convict leasing system. Convict leasing was one of the forms of legalized involuntary servitude common in the American South from the 1880s through the 1940s. Pursuant to Section 1 of the Thirteenth Amendment to the Constitution of the United States, slavery or involuntary servitude remains lawful as a punishment for crime whereof the party shall have been duly convicted."
In the United States, the 13th Amendment to the United States Constitution prohibits slavery and involuntary servitude, except as a punishment for a crime of which one has been convicted. In the latter 2010s, a movement has emerged to repeal the exception clause from both the federal and state constitutions.
Paid prison labour is the participation of convicted prisoners in either voluntary or mandatory paid work programs.
The history of slavery in Colorado began centuries before Colorado achieved statehood when Spanish colonists of Santa Fe de Nuevo México (1598–1848) enslaved Native Americans, called Genízaros. Southern Colorado was part of the Spanish territory until 1848. Comanche and Utes raided villages of other indigenous people and enslaved them.
Oregon Ballot Measure 112, the Remove Slavery as Punishment for Crime from Constitution Amendment, is an amendment to the Constitution of Oregon passed as part of the 2022 Oregon elections. The measure removes the loophole where slavery and involuntary servitude are legal within the state as punishment for a crime. It added language that authorizes an Oregon court or probation or parole agency to order a person convicted of a crime to engage in education, counseling, treatment, community service, or other alternatives to incarceration, as part of sentencing for the crime.
Tennessee state elections in 2022 were held on Tuesday, November 8, 2022. Primary elections for the United States House of Representatives, governorship, Tennessee Senate, and Tennessee House of Representatives, as well as various judicial retention elections, including elections for all five Tennessee Supreme Court justices as well as general local elections, were held on August 4, 2022. There were also four constitutional amendments to the Constitution of Tennessee on the November 8 ballot.
The Tennessee Constitutional Amendment: 3, commonly known as Amendment 3 or the Remove Slavery as Punishment for Crime from Constitution Amendment, is an approved legislatively referred constitutional amendment to the Constitution of Tennessee that appeared on November 8, 2022. The proposed amendment modifies Article I, Section 33 of the Tennessee Constitution, removing the existing provision that allows slavery and involuntary servitude as punishment for convicted individuals. Instead, the amendment explicitly states that slavery and involuntary servitude are prohibited while allowing inmates to work if they are duly convicted of a crime. The change seeks to clarify and restrict the use of involuntary labor within the state.
