Dan Moshenberg

Dan Moshenberg is an organizer educator who has worked with various social movements in the United States and South Africa.

What Dembe, Mari, Masani, and Flavirina knew and what they learned

March 4, 2014 by 12 Comments

Dembe Ainebyona has suffered: State violence, mob violence, rape. Ainebyona is a 31-year-old lesbian, originally from Uganda, currently living in the Cape Town metropolitan area. In 2009, she applied for asylum status in South Africa. Unaware of South Africa’s liberal laws concerning LGBTQ people, Ainebyona hid her lesbian identity and hid the real reasons she had fled Uganda. She was denied asylum. Her appeal comes up in a few months.

This is not a story about Uganda. This is a story about South Africa and the reality of its so-called liberal laws as lived by LGBTI refugees and asylum seekers. It’s not a pretty story.

A recent report, Economic Justice: Employment and Housing Discrimination Against LGBTI Refugees and Asylum Seekers in South Africa, read against the account of Dembe Ainebyona, reveals a story, that of asylum seekers and refugees in the Cape Town area.

Why focus on Cape Town? Dembe Ainebyona lives there. It’s a global tourist as well as refugee destination. It’s a `model’ for neoliberal urban redevelopment.

And this: “In July 2012, the Department of Home Affairs (DHA) closed its Cape Town RRO [Refugee Reception Office] and refused to accept any new requests for asylum at the location. The temporary shutdown was particularly problematic for undocumented LGBTI newcomers because it placed them at risk of detention and subsequent repatriation. In fact, the largest population of refugees and asylum seekers reside in Cape Town. To push back, PASSOP and other advocates protested outside the closed RRO. Another human rights organisation also challenged in court the legality of the RROs closing. In July 2012, the Western Cape High Court ordered the DHA to continue accepting new asylum applications until the court provided a final determination on the case, thereby providing new asylum seekers entering Cape Town interim relief. After months of rallies and public outcry spearheaded by PASSOP, the Western Cape High Court ordered in March 2013 that the RRO fully resume operations by July 2013. However, despite these 2012 and 2013 court rulings, it was reported in April 2013 that the Cape Town RRO had not accepted any new applications since June 2012.” Welcome to Cape Town!

Here’s the story of Mari, Masani, and Flavirina, residents of Cape Town.

Mari: “Lesbian asylum seeker Mari has an educational background in finance management and worked as an accountant in her home country of Angola. She reports that she had two interviews where, after having a positive reception on the phone, the potential employer would not even ask for her CV or paperwork after meeting her in person and assuming her sexual orientation … Mari, who recently escaped from Angola with her girlfriend, explained that she and her girlfriend had to sell all of their possessions and combine their savings to purchase plane tickets to flee to South Africa. Since arriving in Cape Town, they have been unable to find work and therefore are unable to afford housing. (Mari explains that despite their efforts to find employment, they are extremely limited because they cannot seek asylum seeker status and obtain legal documentation since the Cape Town DHA office has stopped accepting new arrival applicants.)”

Masani: “Lesbian refugees and asylum seekers are particularly vulnerable as they are often victims of sexual assault. As a result of discriminatory attitudes, police officers do not take reports of sexual assaults targeting the LGBTI community seriously. [Masani, a Ugandan lesbian] explains that police often respond with additional harassment when speaking with victims, asking questions such as, `How can you enjoy sex with ladies?’”

Flavirina: “Flavirina arrived in Cape Town from Burundi as a guest for an LGBTI/transgender conference. When people in her hometown heard why she had left the country, an official from Burundi contacted her and warned her to stay out of the country or she would likely be imprisoned or attacked upon her return. She applied for refugee status in South Africa and is still pending a determination. Since living in South Africa, she has lived in various shelters, on the streets and is currently living in a township. At one point, Flavirina found refuge at a Christian shelter, where she had to hide both her Muslim religion and her gender identity. The shelter separated the living quarters by gender, forcing her to share showers, dressing rooms, and other living quarters with men. As the shelter did not allow new members to leave the premises for the first three months of their stay, Flavirina was trapped in this environment, having to dress and act male. After coming out to the pastor in charge of the shelter, he told her he could no longer guarantee her safety.”

“Most interviewees in this report were aware of the protections in South Africa’s Constitution, and the minority that were not came to the country following rumors of tolerance in the nation’s communities.” They found violence and promise, persecution and hope. They found that, in South Africa, life can be hard and dangerous for lesbians. They found as well that, in South Africa, life can be hard and dangerous for women marked as `foreigner’.  As non-national Africans and as lesbians, they face housing and employment discrimination.

In February, Free Gender, the Khayelitsha-based Black lesbian organization, celebrated 20 years of democracy and lamented 20 years of fear. They celebrated the rule of law as they decried the rule of violence and torture.

For those who decry and work to reverse the current wave of homophobic legislation, continue to do so. At the same time, ensure your country has more than good laws. Make sure you welcome and care for the stranger in your strange land, whoever she may be.

 

(Video Credit: The Atlantic Philanthropies / YouTube)

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Alabama built a special hell for women, the Julia Tutwiler Prison for Women

March 3, 2014 by 74 Comments

Thanks to an ongoing investigation, the news is beginning to seep out that Alabama has built a special hell for women, the Julia Tutwiler Prison for Women.

A 36-page letter of findings laid out a gut wrenching picture of sexual violence at Tutwiler: “For nearly two decades, Tutwiler staff have harmed women in their care with impunity by sexually abusing and sexually harassing them. Staff have raped sodomized, fondled, and exposed themselves to prisoners. They have coerced prisoners to engage in oral sex. Staff engage in voyeurism, forcing women to disrobe and watching them while they use the shower and use the toilet. Staff sexually harass women, subjecting them to a daily barrage of sexually explicit verbal abuse. Tutwiler has a toxic, sexualized environment that permits staff sexual abuse and harassment… Prison officials have failed to curb the sexual abuse and sexual harassment despite possessing actual knowledge of the harm, including a federal statistical analysis identifying sexual misconduct at Tutwiler as occurring at one of the highest rates in the country. Prison officials discourage prisoner reporting of sexual abuse due to actual and perceived retaliation against individuals who make allegations. For example, immediately after making allegations, Tutwiler often places women in segregation and gives them lie detector tests. In some instances, reporting the sexual abuse of one staff member results in additional abuse from other staff members. When confronted with allegations of sexual abuse and harassment, Tutwiler fails to adequately respond or investigate… Systemic deficiencies at Tutwiler directly contribute to staff and prisoner sexual abuse and staff sexual harassment that injures prisoners, and creates a substantial risk of further harm.”

While the intensity of the violence may surprise some, the fact of immediate physical and structural violence against women at Tutwiler has been known for a long time. In July 2011, we wrote about structural violence and overcrowding at Tutwiler and again in June 2013, we wrote about violence against older women at Tutwiler. Historically, the media have been prohibited. But prisoners have reported, both formally and informally, the hell that Alabama had built specifically for women. Women former prisoners talked of rape and of children born of rape. Did the State prosecute the fathers of those children? Occasionally. Did the State force the fathers to pay child support? Seldom, and only when pushed … hard. Who listened? Not the State, not the general citizenry, not the world.

The State built for women a house of horror, but the `free world’ did not feel horror. The State built for women a universe of fear, and the `free world’ felt neither fear nor terror. Why does it take a Federal investigation to pry open, a tiny bit, a prison system that is unconstitutional, terrorist, and evil? Why does the fate and why do the lives of hundreds and thousands of women lie, abandoned and worse, in a mass torture chamber? Why does `the world’ not care?

The Federal government is now investigating the mental and medical `care’ of prisoners at Julia Tutwiler Prison for Women. They will find more violence, horror, and damage … again.

(Photo Credit: Alabama Reporter)

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I was one of six young females from Chaneng who were arrested

March 1, 2014 by 20 Comments

 

Next Wednesday, in South Africa, six young women activists go on trial. They have been charged with “public violence.” Their crime was protesting peacefully, on Human Rights Day, March 21, 2013, against the physical and structural violence at the Styldrift Project, run by the Royal Bafokeng Platinum Mine. They were protesting the collusion between the local mining corporation and the South African government. Around the world, Styldrift is touted as an example of `community beneficiation.’  It’s not.

For having engaged in peaceful protest, the six young women were thrown into jail, without charge, and were held for seven days without a hearing. Those who had been wounded by rubber bullets were left untreated, and their wounds were left to fester.

Mpho Makgene has described the police brutality: “I was one of six young females from Chaneng who were arrested and a few injured by rubber bullets, while participating in a peaceful march. The youth of Chaneng took to the streets … making sure there was no movement in the village. Their voices were clear as they said ‘we won’t allow cars in and out of our village, no one goes to work’ Public Order Police blocked the group, encircled them, set off the tear gas and shot rubber bullets even in people’s yards.”

The abusive and corrosive conditions at the Styldrift Project are longstanding and well documented. Top to bottom and end-to-end corruption grows ever more intense. Police violence is rampant. Police and private security have destroyed homes, and violently evicted families. Ancestral gravesites have been desecrated. The environment has been polluted. The community has repeatedly sought help from various levels of government, to no avail. And throughout the Royal Bafokeng Platinum Mine, which purchased Styldrift through highly contested processes, rolls along with seeming impunity.

How has Styldrift benefited Chaneng? Youth unemployment is astronomically high and rising. Carbon emissions are dangerously high. As a result of emissions and dust, children suffer respiratory problems. Local water is polluted. The local health clinic is collapsing.

But the biggest concern is collusion: “All complained of the lack of jobs, the poverty despite the wealth of platinum under their land. The biggest concern for all is the collusion between their traditional authorities and the mining corporations, between the local government and the mining corporations, between the politicians and the mining corporations.”

Styldrift touts itself, to South Africa and to the rest of the world, as “a community-based investment company”, but the community only gets violence and refusal. The people of Chaneng have demanded transparency and consultation; reparations for destroyed homes and desecrated ancestral graves; employment; in short, real community investment. Instead, they have received insults, rubber bullets, and jail time. On Wednesday, Mpho Makgene and five others will go to trial. In the next two weeks, sixty-four others will be brought to trial. The mining corporation that crushes the earth thinks it can as easily crush the women. It can’t.

 

(Photo Credit: communitymonitors.net)

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In Zimbabwe, conditions are not favourable to women prisoners

February 28, 2014 by 17 Comments

In Harare today, Zimbabwe Lawyers for Human Rights and the Law Society of Zimbabwe launched a joint research report, Pre-Trial Detention in Zimbabwe: Analysis of the Criminal Justice System and Conditions of Pre-Trial Detention. The conditions are infernal, evil, and lethal, but you knew that already. Over 100 human beings starved to death in Zimbabwe’s prisons last year. Prisoners like Rebecca Mafukeni died, or were killed, through malign neglect. Other prisoners confirm Yvonne Musarurwa’s description of Zimbabwe’s prisons as nightmare. Not nightmarish. Nightmare itself. In Zimbabwe, prison = death.

Thanks to direct and indirect political control of the police and the corrections system, the prisons are severely overcrowded. That’s why Robert Mugabe gave `amnesty’ to some 2000 prisoners a couple weeks ago. The presidential amnesty released all women prisoners, except those serving life sentences, and all juveniles. Terminally ill prisoners and elderly prisoners were also released. 505 women were promised release; three were left inside.

According to Female Prisoner Support Trust (FEMPRIST) director Rita Nyamupinga, “These women were caught up in criminal activities out of ignorance.” For example, somebody hid a gun allegedly used in a crime at one woman’s house, apparently unbeknownst to her. When found, she was sent to prison … for life. As so often occurs, around the world, the three women were abandoned, especially by male partners, once they went behind bars.

Today’s report adds remand prisoners to the picture. Thirty percent, one of three, residents of Zimbabwe’s prisons and jails are awaiting trial. They’re not guilty, and they’re not convicted. They’re just too poor or too despised by the regime to be allowed freedom. Despite a “strong legislative framework”, “excessive detention” goes hand in glove with administrative incompetence and political malfeasance

Whatever the causes, the lived reality is severely overcrowded, deadly prisons, housing close to 17,000 people, where some have waited for two months for their trials while others have waited eleven years. Eleven years a remand prisoner.

And for women: “Mlondolozi, Shurugwi and Chikurubi are the only fully fledged female prisons in Zimbabwe. All the other prisons have a section that has been set aside for women and the conditions are not favourable to female inmates. In particular, pregnant inmates are treated like any other female prisoner, without due recognition of their needs. After giving birth at public health facilities, they are returned to jail with their newly born babies – sometimes as young as a day or two old. Unfortunately, prison facilities are not designed to support the post-natal care of either the mothers or the babies. The plight of older children incarcerated alongside their mothers is also serious since there are no proper facilities to cater for their early childhood development needs because the ZPS does not have a budget line for such support.”

One former prisoner remembers, “It is inhuman and completely degrading for 17 women to be packed into a cell that does not even have a toilet. Particularly because by 4pm you are already locked up in the cell and it will only be opened in the morning between 6 and 7am. I think it is particularly inhuman to force those women to relieve themselves in little containers that they have each cut around.”

Zimbabwe’s prisons are designed to be destructive to fatal for pregnant women, indigent women, women with children, women living with HIV, women living with any chronic illness, women living with any disability, all women. Don’t release 500 only to replace them with 1000. Open the gates, tear down the walls, start anew.

 

(Photo Credit: Wits Justice Project)

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Reza Barati’s blood

February 26, 2014 by 40 Comments

Reza Barati died last week or was it yesterday. Reza Barati, 24-year-old Iranian asylum seeker, was killed in an `encounter’ on Manus Island, the dumping grounds for those who seek asylum in Australia. Prisoners protested the lies they were being fed, the conditions they were forced to endure, the ongoing abuse. Guards rushed in, rushed out, rushed in again, and then the protest turned into `a riot’. According to eyewitness reports and an initial police report, when the guards, employees of G4S, rushed in, violence erupted.

Manus Island, in Papua New Guinea, is Australia’s new final solution to the asylum and refugee problem. That there is no problem is irrelevant. Australia is not being overrun by asylum seekers.  As with other nation-States choosing punishment as a default response to asylum and refuge seekers, Australia is the problem. Not the seekers.

Liz Thompson worked as an asylum claims processor on Manus Island. She knows the situation, and she says: “It’s not designed as a processing facility, it’s designed as an experiment in the active creation of horror, to deter people from trying in the first place. These guys are smart, they know what’s going on, they know they’re being lied to, and having that stuff come to them from Immigration, from us, is just part of the active creation of horror. That’s what Manus Island is: it’s the active creation of horror in order to secure deterrence. And that’s why Reza Berati’s death is not some kind of crisis for the [immigration] department – it’s actually an opportunity, an opportunity to extend that [deterrence] logic one step further, to say, ‘this happens’.”

Across Australia, people have protested and held vigils. Artists have withdrawn from the Sydney Biennale because its principle corporate sponsor profits from “offshore detention.” Call it torture. On Christmas Island, asylum seekers have gone on hunger strike. When asked why, they answered, “Reza Barati’s blood.”

Meanwhile, outside of Australia, the news media, particularly the English language news media, has been silent. Search for Reza Barati, and you’ll see … or you won’t.

Instead of silence, let us hear: “In this desert of silence that now passes for our public life, a silence only broken by personal vilification of anyone who posits an idea opposed to power, it is no longer wise for a public figure to express concern about a society that sees some human beings as no longer human; a society that has turned its back on those who came to us for asylum – that is, for freedom, and for safety. And so, with our tongues torn we are expected to agree with the silence, with the lies, and with the murder of Reza Barati… There are no more fairy stories. The cane toads grow fatter. And Reza Barati’s corpse lies in a Port Moresby morgue with a large hole in the back of its head as inexplicable, as shameful as what our country has done.”

Cry the beloved country, cry the beloved world in which it exists. Reza Barati deserved better. We all do.

 

(Image Credit: Refugee Action Collective)

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How many women? Ask the women of Papua New Guinea

February 25, 2014 by 49 Comments

How many women are raped in order to produce the world’s gold? How many women are chased off their land, kicked out of their own social structures, and otherwise beaten down in the pursuit of mineral resources? Ask the women of Papua New Guinea.

The Porgera open-pit gold mine in Papua New Guinea is a good old-fashioned money, and blood, pit: “The mine has a terrible reputation for both human rights abuses (rapes, beatings and killings by security personnel) and environmental damage (vast quantities of potentially toxic tailings dumped into a nearby river). But gold prices, while down from their recent peak, are still three times what they were a decade ago, so dig they must.”

The Porgera mine, owned by the Canadian company Barrick, is rich. In the last two decades, the mine has produced over 20 billion dollars worth of gold. Barrick is rich. Papua New Guinea is poor. Almost a third of the population lives in dire poverty. Around the Porgera mine, it’s worse. As happens so often around `wealthy’ mining sites, the area has experienced severe “social disintegration.” The local communities derive little benefit from the mines, and what benefit they get is slotted to the men. Gender inequality increases. Women become both absolutely and proportionately poorer and more vulnerable. Bride price and polygyny increase dramatically. Women’s status declines. Women’s customary abilities to negotiate dwindle. Abandonment of women and children rises. Domestic violence both increases and intensifies.

Three years ago, a major report investigated and confirmed repeated incidents of gang rape of local women by Porgera’s private security firm. All of the women were brutally beaten. None of the women reported the rapes. What would have been the point? Another report, this one from last year, noted: “A number of the women whose assaults had become public knowledge were stigmatised, beaten by family members or divorced by their husbands.”

The women started organizing and issued demands. What happened? At first, nothing. Then … Barrick created a “remedy program for victims”. This included “the requirement that to receive compensation, women must waive their right to sue Barrick.”

In order to get help, in order to get compensation, the women have to sign away their rights. First, Barrick denied and stonewalled for five years. Then they bullied and bullied some more, all in the name of `remedy.’ The United Nations `recommended’, and the world `condemned.’ No matter. The Barrick non-judicial grievance mechanism remains in place, opaque as ever. Here’s how one witness describes it: “Many women were not aware of the remedy program, others were suspicious of it, and we found general lack of clarity about the process. Women said that the program was being run in a language that they could not understand and that they had not been offered translation. Women said that the things they were being offered through the program were either not what they needed to address the harm they had suffered, or not compatible with culturally appropriate remedies for the type of harm they had suffered, or simply not commensurate with the harm they had suffered. The primary things these women were being offered were baby chickens to raise and second hand clothes to sell. The program seemed to be confusing small scale development programs with remedy.”

There is no confusion. The founder and chairman of Barrick explained that the sexual violence at Porgera occurred because, in Papua New Guinea, “gang rape is a cultural habit.” It never happened, we weren’t there, and anyway it’s your fault, even though it never happened. Barrick was there, Barrick is there … and in Tanzania … and … How many women? How many more women?

 

(Photo Credit: Brent Stirton/Getty Images for Human Rights Watch)

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Where is the boundary between solidarity and paternalism?

February 23, 2014 by 15 Comments

Where is the boundary between solidarity and paternalism?

Last week, a prominent New York Times’ columnist wrote that South Africa [a] is an adolescent going through that awkward phase; [b] lacks the maturity to develop a mature, sustained opposition, as witness the failure of Ramphele and Zille to consummate the deal and the various locations of Cyril Ramaphosa; and, most African of all, [c] is mired in something called tribalism. He did all of this in the name of caring for the `fledgling’ nation.

There’s so much wrong with the piece it’s hard to know where to begin. The author locates `opposition’ in a curiously isolated purely electoral laboratory, the location of which only he knows. Even the Democratic Alliance is unfairly treated, which is a hard trick to pull off. Somehow, the roles of Helen Zille, Lindiwe Mazibuko, Patricia de Lille, and others, especially other women, don’t qualify, unless they have someone who can pull them out of the morass of `tribalism.’ What? Somehow, Marikana never happened, and NUMSA isn’t happening. Somehow, women aren’t organizing critical interventions into State practice as well as party formations.

The week after the Times piece, the Traditional Courts Bill was killed … largely by the work of women organizing across the country. The Mail & Guardian had a long piece on prominent activists, such as Zanele Muholi, who are organizing all over the place, and not as individuals but as members and promoters of movements and organizations. Somedays, it seems there’s nothing but opposition in South Africa. Others have written, and others, especially those better placed than I, will write about those issues and more.

I want to to reflect on the scenario in which a White Man who “watches and roots for this struggling young democracy” declares that a Sub-Saharan Africa, read Black, nation and population is going through its `adolescence.”

In a period in which much of the United States fixes its gaze on the United States’ lethal agenda for Black youth, and in particular for young Black men, who’s calling whom not yet ready for prime time? As much of the United States, agonizes and struggles with the death of Jordan Davis, and behind him that of Trayvon Martin, and behind him that of … so many others, as Black parents look at their adolescent sons and daughters with love and anguish, how does anyone in the United States blithely render a majority Black population as adolescent?

But that’s precisely what happens … all the time. Those who `watch and root’ turn to dismay and despair at the drop of hat, or the refusal to drop a hat into a ring, as they use the oldest narratives of Black delayed political, read mental, development. Where is the boundary between solidarity and paternalism? Ask the `adolescent’ Black individuals and populations of the world.

 

(Photo Credit: Mambaonline.com)

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The Traditional Courts Bill is dead. Long live Sizani Ngubane!

February 21, 2014 by 30 Comments

Sizani Ngubane

The Alliance for Rural Democracy, South Africa, announced today that the Traditional Courts Bill is dead: “The Traditional Courts Bill (TCB) is dead. This follows years of opposition from civil society and is a massive victory for the thousands of people in rural parts of the country who spoke out against the bill during provincial public hearings … Women have been at the forefront of opposition to the TCB, arguing that it would legalise and entrench current discrimination.”

The Alliance statement quotes Nomboniso Gasa, of the Alliance for Rural Democracy and the Centre for Law and Society, University of Cape Town, and Sizani Ngubane: “Sizani Ngubane of the Rural Women’s Movement in KZN states: `The TCB was never about custom. It was about bolstering the power of chiefs. Government can no longer deny the abuses that many chiefs are getting away with, because we explained these abuses over and over again in the public hearings. What we need now is a law that protects real custom and protects women, especially, against the kinds of autocratic power that chiefs got used to under apartheid.’”

Many other women, and women’s organizations, contributed to the death of the Traditional Courts Bill. The Women’s Legal Centre has worked tirelessly in the courts. Siyasanga Mazinyo, of the Rural People’s Movement, has been organizing and representing tirelessly across the provinces. And Aninka Claasens has been researching and writing tirelessly on the implications and injustices of the bill.

For decades, Sizani Ngubane has been speaking out, organizing, researching, writing with rural women initially in KwaZulu Natal, and then across South Africa. She founded the Rural Women’s Movement in 1998, which later became the National Movement of Rural Women.

In 1999, Sizani Ngubane met with women across the rural expanse of KwaZulu Natal. She was conducting research about the situation of women and the prospects for organizing a women’s movement. Here’s her conclusion: “Although no longer constitutionally defined as minors in the law of the country …women continue to be treated as subordinates to men; this subordination is defended by many (including some women) in the name of `African culture’ … As a result of the gendered division of labour in the communities, women carry much of the responsibility associated with food production … Women also carry the burden of responsibility for maintaining the household, energy and water collection and childcare. As a result women have less time to develop themselves as individuals or as groups. The prime constraint women face is the absence of a strong lobby campaigning for women’s land rights in rural areas … Organizing women around the land their needs is central to meaningful land reform: that process must begin now.”

The Traditional Courts Bill is dead. Long live Sizani Ngubane and all the women who killed it!

(Photo Credit: International Alliance of Women)

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Massachusetts Stops Shackling Women (Prisoners) in Childbirth!

February 20, 2014 by 14 Comments

 

Yesterday, we asked, “Will Massachusetts stop shackling women prisoners in childbirth?” Today, the Governor gave his answer. Yes! Governor Duval Patrick today said, “We will end finally, completely and immediately the use of restraints on pregnant inmates in labor.” Yes!

The struggle does not end with the Governor’s regulation. As Senator Karen Spilka, who sponsored the bill currently in the Massachusetts legislature, noted, “It’s not necessary, it’s inhumane, and it can be very detrimental to the woman and the baby. We need to codify this to strongly send a message that we are a state that treats our women humanely and wants to foster their health and wellness.”

Or, as Governor Patrick succinctly said, “Regulation is good, but here law is better.”

The bill puts the shackling of women prisoners in childbirth in the context of pregnant women’s rights to well being, to decent and affirmative health care. Shackling pregnant women is inhumane and misogynistic. It hates women as women.

Senator Karen Spilka and Representative Kay Khan, along with the women and men of ACLU, NARAL, The Prison Birth Project, and others will keep the struggle going for passage of the legislation. But for today … YES! Yes, women prisoners are women. Yes, it is wrong to shackle pregnant women. Yes, it is right to support women’s right to health, well being, and being women. Yes!

 

(Image Credit: RadicalDoula)

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Will Massachusetts Stop Shackling Women Prisoners in Childbirth?

February 19, 2014 by 16 Comments

 

Massachusetts and Maryland legislatures are considering abolishing the practice of shackling women prisoners in childbirth. Last Friday, the Massachusetts legislature moved, inched, a little closer to banning the practice: “In a step toward joining the 18 states that have passed legislation restricting the shackling of pregnant incarcerated women, the Massachusetts Joint Committee on Public Safety has released a bill that would prohibit such shackling in Massachusetts during labor and childbirth, post-delivery recuperation, and transportation to the hospital. The bill, sponsored by Senator Karen Spilka, has now passed the first hurdle to passage.”

This bill has languished in committee for ten years. Each year, it would come up in the House, be assigned to the Judiciary Committee, and sit. Each year that happened, for ten years. Finally, this year, Senator Karen Spilka said enough already, and moved the legislation in the Senate. Last Friday, it moved out of committee.

The bill does more than end shackling, although that would be something in itself. It “promotes safe pregnancies for female inmates.” The authors of the bill understand that shackling women prisoners is part of a program to deny that pregnant women prisoners are, indeed, women who are pregnant. Childbirth is childbirth is childbirth. Women should never be shackled during childbirth.

Yet they are.

Marianne Bullock is Co-Founder, with Lisa Andrews, of The Prison Birth Project. She has worked in Western Massachusetts with over 100 pregnant women prisoners: “Passing this bill is crucial. Ending the practice of shackling and restraint of pregnant, laboring and postpartum women in Massachusetts will allow mothers throughout the commonwealth to give birth with dignity—free of restraint.”

Senator Karen Spilka argued, “Shackling pregnant women interferes with a physician’s ability to treat mothers and their newborns, and it is an inhumane, unacceptable practice. This bill is an important and necessary step toward improving reproductive health for female prisoners and ensuring safe, healthy outcomes for women and their babies.” She added, “It still is amazing to me that in 2014 we have to work to even pass such a bill. I believe very strongly we need a single standard in these situations when women are pregnant and incarcerated, and the standard should be no shackles.”

The standard must be no shackles. If Massachusetts passes the bill, and that’s not at all a foregone conclusion, it will become the 19th state to do so. In more than half of the United States, the simple truth that women in childbirth should not be shackled is neither simple nor true. Whether the ordinary and everyday spectacle of the shackled woman in childbirth reiterates the motif of slavery or that of the witch-hunt, the point is it must end. Now. The alibi of modernity expressed in the surprise that in 2014 we still have this work to do must be set aside, and instead of surprise, we should be ashamed and disgusted with ourselves, for living in a place and time where women in childbirth are shackled. Stop shackling pregnant women now!

 

(Image Credit: RadicalDoula)

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