In India, Maharashtra’s women’s jails are at almost 500% capacity. Set the women free.

Last July, India’s prisons were at 155% capacity. 80% of the `residents’ were remand prisoners, people awaiting trial. Maharashtra prisons were at 105.8% capacity. Maharashtra has 60 central and district jails. Of them, one, Byculla Women’s Jail, is the only one dedicated for women and children.  On March 31, 2020, Byculla, capacity 200, held 352 women. That’s 176% occupancy rate.  In September 2021, as Covid raged through Byculla, the jail held close to 300 women. Today, Byculla holds 414 women. So, it’s gone from a `scandalous’ 105.8% … to a perfectly reasonable 200.1%?

Meanwhile, today, Maharashtra’s state prisons department reports that the situation in jails is equally catastrophic, if not worse. For example, the Thane district jails have a capacity of 3,794. They currently house 9,284. Among those jails, the Kalyan jail has a capacity of 540. It houses 2,061 people. The Thane Central prison has a capacity of 1,105. Today, it holds 5,057.

And then there’s this: “Although the jails in the district can accommodate only 60 women inmates, they were holding 290 women.” Women’s jails are at 483% capacity. Of course, the response of the state is to build more prisons. Not to question the process, not to wonder at what crimes, other than that of being women, these women have supposedly committed, not to wonder what happens to the concepts of law, justice, punishment even, when almost five people are crammed into spaces designed to hold at most one.

Activists, many of them formerly incarcerated women, have said that the government should consider decongesting prisons and jails. The government did just that, and the numbers soared to historic highs, especially for women. For women in Maharashtra and beyond, the process – rule of law, due process, presumption of innocence, innocence itself, justice itself – is the punishment. Often, it’s a death penalty. Cry cry cry, set the women free.

(By Dan Moshenberg)

(Image Credit: Smithsonian)

Still crossing

Still crossing

Still crossing the bridge
A determined President
And children of hope

Still leaving flowers
No one will turn us around
Edmund Pettus Bridge

(By Heidi Lindemann and Michael Perry)

(Image Credit: Jacob Lawrence, “Confrontation on the Bridge” / Smithsonian)

 

3.3.23

Direct capture

3.3.23

I dreamt that when I looked at you
I saw your father
And when you looked at me
You saw my mother
The way they looked when we were young
And they were old.
Has it always been this way,
Each generation, hermit crabs,
Inhabiting the shells
Of the one that came before?

You are braver than your father.
I am more loving than my mother.
We will and will not be mistaken
For our forebears.

 

(By Randi Gray Kristensen)
(Image Credit: “Yielding to the Ancestors While Controlling the Hands of Time” by Lonnie Holley / Smithsonian)

All that is human drowned in the sea: They did not drown. They were executed.

“Yea, though I walk through the valley of the shadow of death, I will fear no evil: for thou art with me; thy rod and thy staff they comfort me.” Psalm 23

BBC headline today:Italy migrant boat shipwreck: More than 100 people feared dead”. The  article, in part, reads: “There are fears that more than 100 people, including children, have died after their boat sank in rough seas off southern Italy. At least 62 migrants are confirmed to have died, with 12 children said to be among the victims, including a baby. The vessel, thought to have carried some 200 people, broke apart while trying to land near Crotone on Sunday. People from Afghanistan, Pakistan, Somalia, Syria, Iraq and Iran were said to be on board. Bodies were recovered from the beach at a nearby seaside resort in the Calabria region.” Notice how “people” become bodies. And who exactly “fears”? The governments that turned the Mediterranean into a graveyard? The governments that support them, by turning border rivers, mountains, deserts, plains into cemeteries? The people who vote for these policies?

Remember?

May 30, 2016: “Last week at least 700 people – refugees and asylum seekers – drowned in the Mediterranean. That raises this year’s known death toll to 2000. Italy plans to build a cemetery, a memorial of sorts, to those who die at sea. It would be located next the remains of the country’s largest fascist concentration camp. While the cemetery is the least Italy, or any country, can do, that cemetery is not a “final resting place”. There is no final resting place for those refugees and asylum seekers. This weekend is filled with images of cemeteries and those who come to the cemeteries: families, dignitaries, people. But there is no picture of the surface of the Mediterranean, and there should be. As we stare at the photographs of cemeteries, we should be made to stare at the unbroken surface of the Mediterranean. We should remember all who have perished in the name of war.”

December 30, 2016: “This year, all that is human drowned in the sea, all that is holy has been profaned, and we are at last compelled to face with sober senses our real conditions of life, and our relations with our kind. In 2016, at least 5000 migrants drowned in the Mediterranean. Last Friday, two boats capsized, and “about 100 people are missing and feared dead.” Who fears them dead? No State and no amalgam of nation-States fears them dead. Rather, in this the deadliest year ever for migrants trying to reach Europe, the year’s epitaph is simple: “2016: The year the world stopped caring about refugees”. We are the world, and we turned the sea into a graveyard. This year, the women, child, man of the year lies on the bottom of the Mediterranean, and we do not know their names, and we do not much care. If we did, they would be alive today. So here is a poem for the unknown refugees who lie in the cemetery that we have made of the Mediterranean.”

July 26, 2019: “Today was to be about the women in Puerto Rico who changed history, who sparked and sustained a movement against patriarchy, colonialism, injustice, imperialism, racism, misogyny. Today was to be about the women in Puerto Rico who continue to move a nation forward. But 150 women, children, men died – were murdered – off the coast of Libya, and the story that is told cannot stand. The story that is told is so much noise “tragedy”, tragedytragedy. Fear: feared drownedfeared deadfeared deadfeared drowned. These reports empty tragedy and fear of all meaning. As activist Helena Maleno has noted, Europe and the United States have militarized the borders into death zones, zones of necropolitics, necrocapitalismnecroborderlands, in which people are killed or abandoned to die. Criminalize all attempts at rescue or support, militarize the spaces between nations, criminalize those who seek rescue or support, fill the waters with sharks, and then, when the refugees and asylum seekers drown, call it a tragedy of monumental proportions.”

December 31, 2019: “Once again, the year ends with the surface of the Mediterranean concealing thousands of humans lost. According to the International Organization of Migration, 1246 people – women, children, men – drowned in the Mediterranean while trying flee certain death. In certain circles, this number, 1246, is being celebrated as a mark of success. The numbers of dead have declined. Fortress Europe, like Fortress Australia and Fortress USA, is working. This is the mathematics of success in our contemporary world. 2019: 1246 dead: “the fifth straight year of at least 1,000 deaths on the Mediterranean”. 2018: 2299 dead. 2017: 3139 dead. 2016: 5143 dead. 2015: 4054 dead. 2014: 3283 dead.  From 2014 to today, 19,164 souls – women, children, men – thrown into the deep waters of unmourning. No language, no marking of names, no taking of place. No singing. Only the silence of “success”.”

December 31, 2020: “For the last few years, Europe (including the United Kingdom), the United States, and Australia – the imperial ‘we’ – turned bodies of water, such as the Mediterranean, into massive graveyards. This year, dissatisfied with having poisoned the Mediterranean, Europe extended the Mediterranean into the Atlantic Ocean, to the Canary Islands. According to Helena Maleno and her organization, Caminando Fronteras, this year 2170 people died, drowned, trying to reach Spain. The overwhelming majority of those who drowned died on their way to the Canary Islands. 1851 people died in 45 shipwrecks. In 2019, 893 people died trying to reach Spain. A 200% increase in African deaths is considered a success in Fortress Europe, having `secured’ the Mediterranean by increasing military patrols and forcefully decreasing rescue ships. As of two days ago, 1,156 deaths were recorded this year in the Mediterranean. The Mediterranean Sea the deadliest migration route and, extending now to the Canary Islands, the largest cemetery ever built.”

December 31, 2021: “On December 25, in three separate incidents, three boats filled with refugees capsized. At least 31 people died, and, as of now, scores of people on those boats are still missing. It is the worst Aegean death toll since October 2015. The next day, December 26, close to 30 people washed ashore in Libya, refugees who had tried to cross the Mediterranean, just so much flotsam from another shipwreck. These corpses capped a week in which at least 160 people, migrants, drowned in shipwrecks off the coast of Libya.”

It’s too late, way too late, to claim to “fear” that migrants have died. Those children, those women, those men, did not drown. They were executed, and now the hangmen “fear” they might be dead?

Here, in lieu of Psalm 23, is today’s prayer …

Not one more refugee death

By Emmy Perez

A river killed a man I loved,
And I love that river still

—María Meléndez

1.
Thousands of fish killed after Pemex
spill in el Río Salado and everyone
runs out to buy more bottled water.
Here, our river kills more crossers
than the sun, than the singular

heat of Arizona, than the ranchlands
near the Falfurrias checkpoint.
It’s hard to imagine an endangered
river with that much water, especially
in summer and with the Falcon Reservoir

in drought, though it only takes inches
to drown. Sometimes, further
west, there’s too little river
to paddle in Boquillas Canyon
where there are no steel-column walls

except the limestone canyon’s drop
and where a puma might push-wade across,
or in El Paso, where double-fenced muros
sparkle and blind with bullfight ring lights,
the ring the concrete river mold, and above

a Juárez mountain urges
La Biblia es La VerdadLeela.

2.
Today at the vigil, the native singer
said we are all connected
by water, la sangre de vida.

Today, our vigil signs proclaimed
McAllen is not Murrieta.
#iamborderless. Derechos
Inmigrantes=Derechos
Humanos. Bienvenidos niños.
We stand with refugee children.
We are all human. Bienvenidos
a los Estados Unidos.

And the songs we sang
the copal that burned
and the rose petals spread
en los cuatro puntos were
for the children and women
and men. Songs

for the Guatemalan
boy with an Elvis belt buckle
and Angry Birds jeans with zippers
on back pockets who was found
shirtless in La Joya, one mile
from the river. The worn jeans

that helped identify his body
in the news more times
than a photo of him while alive.
(I never knew why the birds
are angry. My mother said
someone stole their eggs.)

The Tejas sun took a boy
I do not know, a young man
who wanted to reach Chicago,
his brother’s number etched in
his belt, his mother’s pleas not
to leave in white rosary beads

he carried. The sun in Tejas
stopped a boy the river held.
Detention centers filled, churches
offer showers and fresh clothes.
Water and a covered porch may
have waited at a stranger’s house

or in a patrol truck had his body
not collapsed. Half of our bodies
are made of water, and we can’t
sponge rivers through skin
and release them again
like rain clouds. Today

at the vigil the native singer
sang we are all connected
by water, la sangre de vida.”

We are all connected by water, la sangre de vida. Not one more refugee death. Amen.

 

(By Dan Moshenberg)

(Image Credit: Kassidy Dawn / Lacuna)

In (the news coverage of) Nigeria’s elections, where are the women?

#NigeriaDecides. For the last couple months, the hashtag has been everywhere. Well, if not everywhere, in many places. In a much-anticipated election, Nigeria voted yesterday, February 25, 2023, for President and members of the National Assembly. Leading up to vote, a number of news agencies ran articles with headlines like “What you need to know”, “What’s at stake”, “What to Know”, “what are the issues”, and the list goes on. While these articles focused on the youth vote, economic insecurity, military insecurity, they did not include any mention of gender, of women, despite that actually being a topic of more than passing interest among Nigerians, especially Nigerian women. So, where are the women in Nigeria’s elections? Sadly, severely underrepresented.

This year, one woman, Princess Chichi Ojei, of the Allied Peoples’ Movement, ran for President or for Vice-President. That’s out of 36 presidential candidates and running mates. In the last election, 2019, 28 of the 146 presidential candidates and running mates were women. From 2019 to 2023, then, the percentage of women among candidates for top positions has gone from 19.2% to 2.8%. Of the 1,100 candidates for Senate seats, 84 are women, or 7.6% of those running. As Africa Check noted, “Our factsheet on the status of women in Nigeria shows that since the country’s return to democracy in 1999, the share of women in the federal legislature has remained well under 10%. Sadly, this will not change in 2023.”

In Nigeria and across the continent, as people followed the lead-up to the elections, many asked, ”Where are the women?” For example, Ellen Johnson Sirleaf, former President of Liberia, and K.Y. Amoako, founder and President of the African Center for Economic Tranformation, wrote, “Women’s progress toward high leadership positions unfortunately leaves much to be desired. Since it gained independence in 1960, Nigeria has not had any women presidents or vice presidents. It has not elected any female governors across its 36 states. Its proportion of women representatives in both legislative chambers does not exceed 7%. The country’s national average of women’s political participation has remained around 6.7% in elective and appointive positions, far below the global average of 22.5%. In Nigeria, women and girls account for half of the population, and therefore represent half of its potential as an African nation. For Nigeria to prosper and progress, it must increase the representation of women in decision-making positions. Nigeria’s equity challenge did not arise because of a lack of leadership potential in its women. Nigerian women are a shining beacon of public leadership on the global stage.”

Nigerian women, individually and in organizational spaces, have been aware of and decried the current situation. In January, Chimamanda Adichie asked, “There is … something sad about the idea that we haven’t had a woman governor in this country. It’s wonderful that we are celebrating the possibility [of having one soon] but why has it taken so long?” Ayisha Osori, former candidate for National Assembly, noted, “Elections in Nigeria are monetised and transactional, and women are already socially disadvantaged considering that in Nigeria, the fastest way to be rich is to be in government. If women are not in politics then they cannot raise money and if they cannot raise money, then they cannot be in politics.” Mufuliat Fijabi, CEO of Gender and Election Watch, a Nigerian NGO, noted that this election is part of a trend, “If you look at the global average practices, we are not where we should be in terms of inclusion of women in leadership and decision-making positions. The number of female candidates in this election is 7.8 per cent which means it’s very few and if we are not careful, the number may decrease.”

Speaking of the National Assembly, the outgoing legislature has 469 members, of whom 21 are women. 4.4% of the legislature are women. That’s the legislature that in March 2022 rejected five gender bills that would have provided special seats for women at the National Assembly; allocated 35% of political position appointments to women; created 111 additional seats in the National Assembly and the state constituent assemblies; and committed to women having at least 10% of ministerial appointments. The Assembly rejected them all: “This is a tragedy for Nigerian women.”

Nigerian women have experienced both a gradual erosion of their position and progress in elected and appointed positions, as well as a more recent open backlash. At the same time, the international press, with the exception of Al Jazeera, has largely kept silent on the situation, despite claiming to offer necessary information about the Nigerian election. What you need; what’s at stake; what to know; what what what what what. What I know is where are the women in (the news coverage of) Nigeria’s elections?

 

(By Dan Moshenberg)

(Infographic Credit: Al Jazeera)

“Shackling her was `brutal, sadistic, and unconscionable.’” Stop shackling pregnant people.

Dayton, Minnesota, the night of January 7, 2020, Faris and Sara Hussein were at home, chilling. Faris was playing video games. He had his headphones on. Sara Hussein was in the kitchen, cooking. Sara was nine months pregnant, expecting their first child in two weeks or so. There was a knock at the door. Faris, playing video, didn’t hear it. Sara, busy in the kitchen, didn’t hear it. Then a boot kicked in the door, armed men rushed in, armed men in plain clothes grabbed Faris, grabbed Sara and threw her to the floor. Home invasion? Yes, by police. Maple Grove police were looking for … a stolen snowblower. Yes, a snowblower. Shackled, Sara and Faris Hussein were taken to the Hennepin County Jail. Although Sara was never charged with anything, she was kept in shackles, even when she went into labor. According to her, she was kept in shackles while in labor for five hours. A few hours after finally being released, Sara Hussein delivered her and Faris’ first child. Sara Hussein has since sued Hennepin County: “The lawsuit she filed against the county said shackling her was `brutal, sadistic, and unconscionable.’” This week, three years later, Hennepin County settled the suit for $500,000.

Everything about that night was wrong. In Minnesota, by state law, shackling pregnant people is illegal. Sara Hussein was shackled in labor for five hours, in plain sight. Sara Hussein, nine months pregnant, was shackled from beginning to end, again in plain sight. No one objected. No member of any so-called law enforcement agency reminded anyone that shackling a pregnant woman is illegal. Minnesota passed a law banning the shackling of pregnant women in 2014. This all happened in January 2020, six years later. Finally, Hennepin County Jail is the largest jail in Minnesota. None of this is out of ordinary. Illegal, yes. Cruel, decidedly. Unusual, sadly no. Minnesota law requires any shackling of pregnant women must be reported to the legislature within three days. Sara Hussein’s case was never reported. Nor were a number of other cases. Again, illegal, yes. Cruel, decidedly. Unusual, no.

Kare 11, a local Minneapolis – St. Paul news station, first covered this story and has done so, pretty much exclusively ever since. Their reporting has been thorough and reliable. However, from beginning to end, Kare 11 has insisted on the significance of Sara Hussein’s innocence. Their first account’s headline read: “Jailed, innocent, in labor – and shackled”. This week’s report’s headline read: “Bungled raid led to innocent pregnant woman’s shackling”. Shackling Sara Hussein was brutal, sadistic and unconscionable, and illegal, not because she was innocent, but because she was pregnant and then in labor. Her presumed innocence or guilt is irrelevant. Again, shackling pregnant people, shackling people in labor, is brutal, sadistic, unconscionable, and it should be illegal everywhere. Stop shackling pregnant people. What will it take to stop shackling pregnant women?

 

(By Dan Moshenberg)

(Image Credit: Radical Doula) (Photo Credit: Kare 11)

Hope in a time of choler: Spain expands women’s, transgender rights

A protest calling for the legalization of abortion, Madrid 1978

On Thursday, Spain’s Congress passed laws, some groundbreaking, that expand the rights and well-being of women, transgender people, and everyone. First, Spain became the first country in Europe to entitle workers to menstrual leave. Second, Spain revised its laws concerning abortion. Under the new law, 16- and 17-year-olds no longer need parental consent to undergo an abortion. The new law further enshrines the right access to abortion in public hospitals. Currently the overwhelming number of abortions take place in private hospitals because state hospital doctors refuse to perform them, claiming religious objection. Period products will now be offered, free, in schools and prisons; hormonal contraceptives and the morning after pill will be offered, free, in public health centers. Third, Spain widened transgender rights. Under the new law, anyone older than 16 can change their legally registered gender without any medical supervision. With parental consent, 14- to 16-year-olds can change their legally registered gender. 12- and 13-year-olds will need a judge’s authorization. No one will be required to prove gender dysphoria. Fourth, another new law bans the use of `conversion therapy’ for LGBTQIA+ people. Finally, a fifth law provides state support for lesbians and single women seeking IVF treatment. The new laws also expanded sex education across the educational landscape. When these laws were all passed, Irene Montero, Equality Minister and member of the Unidas Podemos party, said, “I am well aware that the road does not end here.” There’s more to come. We make the road by walking.

Individually, each of these laws is a major step, and, as always, the result of years of struggle and organizing. Taken together, they offer a glimpse of a world filled with hope that begins with and always insists on the full and unquestionable humanity of every individual and group. As Montero noted, when discussing the transgender legislation, “This is a law that recognizes trans people’s right to freely decide their gender identity. It stops trans realities being treated as abnormalities. Trans people aren’t sick people; they’re people – full stop. They are who they are – full stop. Trans women are women – full stop. From today, the state recognizes that.”

While Spain’s menstrual leave law is the first in Europe, it’s not the first anywhere. Japan, Indonesia, Zambiahave passed similar laws, with varying effects. Likewise, Argentina recognized transgender rights in 2012, and Denmark followed suit in 2014. The point is not which came first but rather that the community of countries widening, rather than further restricting rights, is growing, thanks to Spain’s actions this week. Love is love, people are people, humans are humans, women are women. Full stop.

 

(By Dan Moshenberg)

(Photo Credit 1: Chema Conesa / El País) (Image Credit: Barbara Kruger / The Broad)

The Chaos of Germinating Seeds

The Chaos of Germinating Seeds

Sometimes dreaming is so exhausting that you have to wake up

Punarmṛtyu — dying again

Punarjanma — and again being born

This guest house of opening and closing one’s eyes
Is like the  opening and closing of a banned book that must be read and digested

cover to cover

To get at the mental nutrition between its covers,

Milk does not come from bottles
It comes from the stars

Nor does butter come from waxen sanitary coverings

Samurdra Manthan — churn the cosmic ocean of milk

and remember: all that is  golden comes from super novas.

Love is neither easy nor natural
It requires work like the churning of milk to separate butter

Or, churning the cosmos to produce this moment.

And speaking of unconditional love
Is like dreaming of churning butter
Without knowing how to actually milk a cow.

Love is the sun darkened necks and chapped hands of farmers

The Forgotten

In our silicon chip facilitated frictionless virtual and virtueless worlds

Where lies can grow faster than the best genetically modified food grains

The chaos of germinating seeds

The arhythmic bursting of husks

Rice shaken and thrown into the air and the breeze takes the chaff

I’m not singing about Shamballha
I sing of America

Wisconsin corn

Arkansas Rice

Kansas wheat

We fly over these states without even saying a thank you

Or saying our grace

O, Embodiments of Sandburg-ian songs
O, Golden husk covered food grains that if thrashed could feed all of our tomorrows

Let me take you into my body so that I can be
Strong enough to both plant
And harvest you

To be strong enough to help America live up
To all of its broken promises.

Hidden beneath the rotted roses and wreaths of heroes
Men and women who have offered their lives for a dream

Democracy slumbers waiting to be reawakened, rediscovered

And reborn.

It is a field in which an enemy has sewn weeds

Do we have the Nazarene grace to separate the weeds from the tares?

Upāya— the skillful means

Can we grow ever larger to include

Martin’s Dream

Gandhi’s Dream

Malcolm’s dream

Baldwin’s dreams

Nina Simone’s Dream

Zora Neale Hurston’s Dream

Maya Angelou’s Dream

Toni Morrison’s Dream

And every other thinker on a list of banned books

In spite of the

Old time American revival tours

Militant generals using Jesus as a weapon

Churches used as MAGA gun emplacements

And the politicians who take our heroes and she-roes names in vain
But won’t allow us to study about them in our schools

Let me be hot pepper and lemon juice squeezed into our culture’s soured milk
And salvage what seems to have gone wrong
With the grace of a mother making yogurt and curds

All milk products aren’t sweet
And all sweet things aren’t good for you

Let the sour, the spicy, and the bitter all abide together
To form something new and unexpected.

Another poem like this?
And another one?
and another one?

This Groundhog’s day contemplation
Let me work Until I get it right.

I salute the epic, dramatic, and inevitable round of this lifetime
And humankind’s role within it

Maybe we will finally learn compassion
By killing enough curlews blithely flying while melodiously singing

Murdering enough deer in the midst of amorous love sport

Bombing enough children in Ukrainian apartment complexes

Shooting enough people when they least expect it

And killing enough young men in our streets under the color of law

The proof of our living as sages would be the simple ability for us to live well together while still disagreeing.

We won’t see anything new;
We’ll only recognize the promises we have made to ourselves

And broken so many times

Samsara is Nirvāṇa
and Nirvāṇa is Samsara
Worlds woven together

Turn the wheel once twice then thrice
We are a part of this world
and not apart from it

And Democracy will appear on the earth

When it is no longer needed.

 

(By Heidi Lindemann and Michael Perry)

(Image Credit 1: Sheila Machlis Alexander / Smithsonian Museum) (Image Credit 2: Smithsonian Museum)

In Woodstock, Cape Town, South Africa, the struggle for housing is a struggle for home

120-128 Bromwell Street

The Constitution of the Republic of South Africa consists of a Preamble and 14 chapters. Chapter 1 provides the “founding provisions” and opens: “The Republic of South Africa is one, sovereign, democratic state founded on the following values: Human dignity, the achievement of equality and the advancement of human rights and freedoms. Non-racialism and non-sexism. Supremacy of the Constitution and the rule of law. Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.” It’s a promising beginning. Chapter 2 is titled “Bill of Rights” and begins: “This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The state must respect, protect, promote and fulfil the rights in the Bill of Rights.” Section 26 of the Constitution, located in Chapter 2, concerns housing and so much more: “Housing: Everyone has the right to have access to adequate housing. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” This is one of only two occasions on which the Constitution discusses “home”. The other, Section 14, articulates the right to privacy: “Everyone has the right to privacy, which includes the right not to have their person or home searched.” There’s a great deal, though not enough, of discussion these days of `homelessness’. Recently, that condition has been somewhat refined by calling the loss of housing the state of being unhoused. While a welcome intervention, this still doesn’t tell us what home is.

Beyond the right to access to adequate housing and the right to not be arbitrarily evicted or have one’s home arbitrarily demolished, what is the State’s responsibility to something they, the inhabitants, residents, neighbors, community, call home? This is a particularly poignant question in a country marked by a history of forced mass dislocations, a description as apt for the United States, Brazil, India, England, as South Africa. Nevertheless, when the authors of the South African Constitution codified the right to housing, they remembered, acutely, the dislocations, demolitions and deprivations of housing and home under the apartheid regime. And today? Consider a court decision rendered today by the Supreme Court of Appeal of South Africa, concerning the rights of residents in the Woodstock neighborhood of Cape Town. While today’s decision may mark a turning point, it is not the end of the story.

For some, the story would start on October 30, 2013, when The Woodstock Hub bought 120 to 128 Bromwell Street. On June 30, 2014, residents were served eviction notices and given a month to clear out. Residents, 26 in all including children, began organizing. They went to court. In 2016, the Cape High Court decided in favor of the landlord. The residents’ attorneys argued that at the very least the City had an obligation to move the residents into nearby and adequate housing. Instead, the City proposed to move them to Wolwerivier, far from the city center and with absolutely no public transportation whatsoever. Woodstock, on the other hand, is one of the most centrally located suburbs in Cape Town, and while it managed to avoid forced removals in the 1950s, its location has meant wave upon wave of gentrification, displacement, and struggle. With that in mind, the residents and their attorneys appealed the decision.

In 2021, five years later, the Cape Town High Court decided that the City’s plan for removal to Wolwerivier was indeed unconstitutional. The Court ruled the City must find the residents emergency housing as near as feasibly possible and within the year. In response, The Woodstock Hub appealed, and that’s where we are today. Today, the Court ruled the City plan is not unconstitutional, because the earlier decision “did not identify the extent of invalidity for the City to rectify in its order.” On the other hand, the Court did say the City must provide adequate housing “in a location as near as possible to where they currently reside” before the end of May. It’s a mixed decision. Whether the residents will accept or appeal is unknown just now.

120 to 128 Bromwell Street has been, and is, home to these residents. Brenda Smith is 82 years old. She was born in 128 Bromwell Street. Today, she lives in 128 Bromwell Street. Charnell Commando is 36 years old. She has lived on Bromwell Street all her life. In fact, her parents, grandparents, and great grandparents also were born and lived at her current address. Graham Beukes, 42 years old, has lived all his life at his current Bromwell Street address, where his parents lived for 50 years. What `value’ does their history, do their lives, have? What is home?

 

(By Dan Moshenberg)

(Photo Credit 1: Rejul Bejoy / GroundUp) (Photo Credit 2: Ashraf Hendricks / GroundUp)

On the calls for peaceful protest: Talk to the police, first.

Kara Walker, 40 Acres of Mules

In the lead up to and following the release of the videos of the brutal murder of 29-year-old, 140-pound, skateboard- and sunset-loving, loving father and son, Tyre Nichols, killed by at least five Memphis police officers for the crime of Being Black, people from the President of the United States to Mr. Nichols’ family have called on people to engage in `peaceful protest’. While they called for a quick and just response to the violence, while they called for local and national legislation, they did not call on the police to be `peaceful’ as well. Why? Because in this nation, and historically, a peaceful police force is unimaginable. That is all.

March on Washington for Jobs and Freedom, American, August 1963, 60 years ago

(By Dan Moshenberg)

(Image Credit 1: Kara Walker, 40 Acres of Mules / Museum of Modern Art)
(Image Credit 2: Smithsonian National Museum of African American History and Culture)

Advocates working to improve the status of women in various environments can securely manage digital resources using the wallet login, trusted acr