Australia tortures migrant children

March 5, 2013 by 2 Comments


The Australian government continues to torture refugee and asylum seeking children. The State currently holds some 2000 children in detention. That’s mandatory detention for all non-citizens who arrive without prior authorization. That rule includes children. And so there is a `furor’ of  `concern’ for the well-being, and in particular for the mental health, of the children behind bars.

None of this is new, and none of it is surprising. A mandatory incarceration policy that makes no exceptions for children, and in particular for children fleeing violence and persecution, will have exactly the effects you imagine. Seemingly healthy children will engage in `self-harm’. This includes slashing one’s body and suicide by any and every means possible. Children report not being able to sleep. Children report a desperate desire to go to school, to play, to have normal children’s lives. Children report fear that they will go crazy and kill themselves. And then they kill themselves.

For girls, the situation is equally predictable. Girls are `particular’: “Girls and young women are at particular risk of gender based violence and sexual abuse… Girls and young women are particularly at risk of harm due to their sex… Moreover, girls are particularly susceptible to marginalization, poverty and suffering during armed conflict, and many may have experienced gender-based violence in the context of armed conflict.” The particularity of girls’ vulnerability emerges from both detailed and extensive research scholarship and from simple common sense. You know migrant girls, girl refugees, and asylum-seeking girls are `particular.’ So does the Australian government. What does the State do in recognition of this particularity? Absolutely nothing. Less than nothing. It intensifies and increases the pain, the torment, and the torture.

Children in low-security prisons in Pontville, in Tasmania, and in Darwin, in the Northern Territory, are falling apart. Their precariousness is not about this condition or that condition. It emerges directly from the totality of being-caged. The intensity and levels of self-harm in both locations is off the chart. Meanwhile, Australian Human Rights Commissioner Gillian Triggs has been informed that she cannot visit the refugee and asylum seeker detention camps on Nauru and Manus Islands because that would violate the sovereignty of the island nations. Australia’s massive funding of those prison camps apparently did not violate any sovereignty. Australia’s insistence on shipping off hundreds of women, girls, boys, and men to the island nations also did not violate any sovereignty proprieties. This is the way of sovereignty, the wink-wink nudge-nudge of fraternal violence.

This is why the Australian government can so easily ignore reports of sexual violence against Tamil refugees, and especially the `particular’ targeting of Tamil girls. To accept such reports would violate Sri Lankan sovereignty, and after all, the refugees and asylum seekers had already violated Australian sovereignty. That’s why they’re in prison, isn’t it? It’s a perfect circle … of hell.

Rather than `discovering’ yet again the nightmare of child detention, why not discover the simple, open alternative? Recognize and respect the particularity of girls. Take the children, all the children, far from the cages. Teach them to respect themselves and others. Help them to find peace and love. End child detention. Do it now.

(Image Credit: The Conversation)

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Child prisoners lose more than their clothes in strip-searches

March 4, 2013 by 18 Comments

 

Joseph Scholes, 16, hanged himself in custody, in March 2002

Over the weekend, Carolyne Willow revealed that when it comes to the treatment of child prisoners in the United Kingdom, Charles Dickens is alive and well.

Willow looked at admittedly incomplete records for 21 months leading up to December 2012. These records cover 25 institutions, 15 child prisons and 10 `secure’ children’s homes. The children are anything but secure … in the homes and in the prisons.

In the past 21 months, child prisoners suffered 43,960 strip-searches. The real number is higher, but the State can only do so much to document its abuses. For example, “The data does not reveal what proportion of the children were subjected to intimate cavity searches.”

The numbers are actually worse than they seem, because they tend to be concentrated in some institutions and not others. So, Ashfield, a private prison run by Serco, holds a maximum of 400 boys, and performs an average of 399 strip-searches … every month.  At the other end, three of the “secure children’s homes” never conducted a single strip-search in the entire 21 month period.

Some of the children are as young as 12-years-old. Think about that. Think about a 12-year-old being forced to strip naked in front of a crew of adult strangers. Think about a 12-year-old having her clothes ripped and often cut from her body. Think about a 12-year-old being forcibly restrained while being stripped naked. You don’t have to think about. You don’t have to imagine. Here’s what the children say.

One girl said: “It makes me feel upset, embarrassed and really violating because I have been raped and it’s awful being strip-searched.” Another girl explained, “When I had my first full search I was 14, it was horrible as I have been sexually abused and I didn’t feel comfortable showing my body as this brought back memories.”

Who are these children? Forty-eight per cent of the children who were subjected to strip-searches were children from Black and minority ethnic communities. To no one’s surprise.

Ironically, or tragically, two years ago this month, the State announced the end of routine strip-searches for juveniles. Those were replaced by … necessary strip-searches? And what’s the necessity? Of 44,000 violations by the State of children’s bodies and persons, something illicit was found a whopping 275 times. The overwhelming contraband of choice was tobacco. Drugs were found 15 times. No guns, no knives, no explosives, no big deal. No need.

All of this is happening while the incarceration rates of children have actually declined. But the restraints continue, the indignities post-release continue, and the violations of dignity and person continue. Some children, like 14-year-old Adam Rickwood and 16-year-old Joseph Scholes, commit suicide, largely in response to the abuse and what it triggers.

It’s not irony. It’s tragedy. And it’s also not rocket science. It’s injustice. First, the strip-searches must stop. Without adjective. Routine. Necessary. Strip the language of its obscurantist deceit rather than strip children of their dignity and their personhood. Second, reconsider the use of prison and `secure homes’ for children. If people knew the children were going to be violated, would they send those children into the system? Would you? Remember, a strip-search takes more than the clothes off a child. It robs their dignity, their hope, their last bit of trust in adults, their last bit of trust in others more generally. It turns children’s dreams into so much trash by telling the dreamers, the children, that they are less than nothing.

 

(Photo Credit: The Guardian / PA / Empics)

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America’s seclusion rooms form a landscape of atrocity

February 25, 2013 by 7 Comments

Recently, legislators in Oregon, Arizona, and Indiana began to address so-called seclusion rooms. Seclusion rooms are solitary confinement cells in schools. They’re also called `isolation booths’, `isolation boxes’, and `behavior support’. George Orwell is alive and well, and apparently in charge in the schoolhouses of the United States.

Jared Harrison is now 12 years old. He went to primary school in Eugene, Oregon. According to his testimony, for four years, starting in first grade, he was forced into a seclusion room pretty much every day, often for hours. Further, his parents were never informed. Ever. As his mother, Jennifer Harrison, explained, “”I was never notified. I didn’t know it was happening until I walked in and found him screaming facedown on the ground with two adults sitting on top of him.”

Parents have notified the State that they’re considering a lawsuit.

Parents in Arizona are also suing the State for having put their child in seclusion for hours on end. When the child asked, begged, to go to the bathroom, he was refused. And so finally, he urinated in the cell. The boy’s mother, Leslie Noyes is quite clear on at least one point: ““It’s like five by six, padded walls, no windows.  It is definitely like a cell.” Don’t call those rooms `seclusion rooms’, don’t call them `cool-down’ spaces, and certainly don’t call them `open air rooms’. Call them prison cells.

In Indiana, parents and advocates are also saying those prison cells are not “quiet rooms” or “safe rooms.” They’re specifically not safe because no one monitors the child while she or he is in the cell. They’re simply left there, absolutely alone. That’s not quiet, that’s not safe, and that’s not education. That’s violence.

Repeatedly, the story of violence is at least twofold, and each fold intensifies the other. First, there is the forced seizure and abandonment of a child into a cell for an extended period of time. Second, there is the discovery by the parents of what has been going on. The parents and the children share in the tragedy. When the children testify, the mothers, such as Jennifer Harrison, listen by their side and weep. The violence doesn’t stop once the door to the `seclusion room’ has been opened.

This is a tale of atrocity: “[M]ore often than not, [contemporary psychiatric]’medicine’ is a complete atrocity-comparable only to the history out of which it grew: is four-point restraint-being tied down at the wrists and ankles-an improvement over being bound with chains? Is the cage inhumane whereas the seclusion room is not?”

Speak the truth fearlessly. Solitary confinement in our prisons is torture. Seclusion rooms in our schools are an atrocity. The solitary confinement of seclusion rooms comprises the social human landscape of the United States today. Close the seclusion rooms. Do it now.

 

(Video Credit: Dan Habib / Vimeo)

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Plenty of reasons to be outraged

February 21, 2013 by 3 Comments

Jessica Valenti started a recent address with a question that she said a young man asked her: “Why are you so angry?” She immediately said that she was not angry but sad and exhausted. Then after enumerating a series of laws and actions against women and reminding the audience that the Hyde Amendment has nullified the Roe decision for many financially vulnerable women, she finally admitted that she is angry: “I am angry that forty years after Roe, women are still fighting for recognition of our basic humanity.”

The fact is that there are plenty of reasons to be outraged.

A recent study demonstrates that, in the United States, many actors are eager to deny women their basic humanity and access to care and are already doing great harm to pregnant women thanks to recent legislation that put a pregnant woman in a lower rank than a fetus.

The feticide laws have encouraged and required health providers to inform police of pregnant patients who had problems with drugs. Many providers comply with these demands quite easily, especially when their patients are African Americans and/or poor. In many instances, for women patients, and especially for African American women patients, there is no medical confidentiality.

Why are so many American doctors ready to relinquish their medical ethical responsibility toward their women patients? A court can put a fetus in protective custody with a guardian to the fetus being appointed by a court decision requiring “the fetus to be detained…and transported” to the local hospital for “in patient treatment and protection.” The care of the mother is not considered, whether by health care providers of the pregnant woman or whether by the court.

Where are medical ethical rules for women like Laura Pemberton who wanted to have a vaginal delivery after having had a C-section? Her doctor used a court order to perform the surgical procedure. Pemberton was strapped and hauled off to a judge who decided her fate. Neither she nor her husband was allowed legal assistance.

In case after case, pregnant women who have sought help for reasons ranging from problems with drugs to requesting vaginal birth as the first option have been threatened and persecuted instead of being helped, and all of this with the approval of their own health care provider.

Where are the social workers and social programs to support women with the problem of drug addiction? Instead, their lives are torn apart even more?

Astonishingly, already inadequate access to health care is threatened during pregnancy, especially, but not only, for women who live in precarious conditions. They need to be listened to in order to receive the most appropriate care. Instead of receiving health care, they get prison.

Absurd situations have been created to intimidate and even terrorize pregnant women.  Sometimes the State goes to unbelievable lengths. For example, one woman was imprisoned because she “did willfully and unlawfully give birth to a male infant”.   In its absurdity, the wording of the official court document shows the profound disdain for the life of the pregnant woman

Sending pregnant women to prison in the name of protection of the personhood of the fetus while prenatal care provided by the state to incarcerated women is notoriously inadequate, if not absent, is absurd … and criminal.

There is an alternative.

Under the Nazi occupation of France, authorities commanded French doctors to report any wounded person. The board of the newly formed French Medical Association responded immediately:

“The President of the French Medical Association takes this occasion to remind every colleague that when called to assist the sick or the wounded, there is only one mission to fulfill and that is to deliver care. Respect for professional confidentiality is a necessary condition for the trust those who are ill have in their physicians. No administrative reason whatsoever exists that allows you to free yourself from this obligation.”

This declaration was sent to every doctor in the country. It became the nonnegotiable rule of ethics. It still is. This declaration is engraved on marble and is visible in the hall of the French Medical Association building in Paris. It is also taught in medical school to future doctors who would have eventually to fight for their patients’ protection. To this day, medical confidentiality is key and protects patients, even in court.

Doctors, nurses and other medical and social workers should be protecting women, who deserve the care they need. Instead, they have become `providers’, removing their human responsibility that the French doctors once understood to be their unbreakable ethical duty. Alternatives to state brutality already exist. Being ethical sometimes demands resistance to inhuman laws.

 

(Photo Credit: Charlotte Cooper / Flickr)

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Canada’s Highway, Prisons, Foster Homes, and Schools of Tears

February 19, 2013 by 7 Comments

The Ashley Smith inquest continues. Ashley Smith was a 19-year-old woman prisoner who troubled the government of Canada too much with her constant acting out and suicide attempts, and so, finally, was allowed to commit suicide while seven guards stood and watched.

The guards, four women and three men, have now testified. They all say their hands were tied; they were only following orders. They’re very sorry, even anguished, for how Ashley Smith died. They know they failed her, they know the State failed her. They were misinformed. They were told Ashley’s problems were “behavioral not mental.” Behavioral not mental is code for in control of one’s actions. When the madwoman in the attic is a 19-year-old in solitary confinement, somehow she becomes `sane.’ The guards say they knew something was wrong, but the doctors had told them otherwise. It was a victory of military discipline over human and common sense.

Some ask, “How does an 18-year-old end up doing serious time in a federal prison for throwing crab apples at a postman?” Others wonder if Ashley Smith’s death was suicide or murder. Did Ashley Smith die or was she killed?

The Ashley Smith inquest continues, and Ashley Smith is still dead.

Here’s another question. Is Ashley Smith’s experience an isolated one? How does Canada treat its troublesome children? Three current reports suggest that the treatment of Ashley Smith is more common public policy than exceptional horror.

One study documents “ongoing police failures to protect indigenous women and girls” in Northern British Columbia. This “failure to protect” includes gang rape, torture, abduction, and a whole menu of violence. This “failure to protect” has contributed to the construction of what many call the Highway of Tears, as has the national government’s `failure’ to care about the lives of indigenous women and girls. That’s not failure. That’s refusal, and it’s an aggressive public policy, not an omission or lack of action.

A second study follows a 13-year-old Aboriginal child from cradle to cage. Taken from his parents at an early age, he was tossed from one foster home to another. Most of them were abusive environments. The one foster parent who actually cared and tried to take care of the boy couldn’t get help from the State, and so had to give the child up. When the boy turned eight, and was in a residential facility, the staff started disciplining him by calling in the police. And so began his life of being Tasered, followed by time in prison.

His story is a common one. In British Columbia, of children and youth `in care’ more enter into the juvenile criminal justice system than graduate from high school. One in six youth in care have been in youth custody. Close to one-third of the youth in the juvenile justice system is Aboriginal, which pretty much accords with the adult prisons. As above, so below. That’s equality in a prison State; that’s public policy.

An unpublished study reports that more than 3000 Aboriginal children died in Indian residential schools. Children died of disease, malnutrition, and accidents. Children froze to death. From the 1870s to the 1990s, 150,000 First Nations children were forced through the meat grinder of “civilizing” instruction, and at least 2% of them died in house. The names of 500 of the 3000 dead are still unknown. What is known is that in 1917, the Department of Indian Affairs stopped reporting the deaths and death rates of Aboriginal students in residential `care’: “It was obviously a policy not to report them.”

In each instance, from the 3000 Aboriginal children to the one Aboriginal child to hundreds of missing Aboriginal women and girls to Ashley Smith, the State responded with silence, followed by denial.

The Highway of Tears is not a road to nowhere. It leads to the Prisons of Tears, to the Foster Homes of Tears, to the Schools of Tears. Ashley Smith’s suffering is part of the brutal disposal of children in a world in which care is forced to surrender to the business of security as usual.

 

(Photo Credit: cbc.ca/highwayoftears.ca)

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Virginia’s war on women of color

February 13, 2013 by 4 Comments

Earlier this week the Virginia House of Delegates refused to restore the rights of nonviolent felons who have paid their debt to society … again. Governor Robert F. McDonnell had made re-enfranchisement a priority of his final year in office. The Governor spoke compellingly of “a nation that believes in redemption and second chances.” His Republican confreres in Richmond were not impressed.

Virginia is one of four states that permanently bars felony offenders from voting or running for office. At present, only the Governor can restore those rights, and that takes a long time, a great deal of work, and, not insignificantly, the commitment of a Governor who thinks it’s worth the time and effort. Most don’t.

In Virginia, as elsewhere, the disenfranchisement of former felons stems from, and adds to, centuries-old histories of racial and ethnic exclusion, oppression, and State violence. Approximately 378,000 Virginians, or 6.8 percent of the Commonwealth, fall under the `felony’ ban. This lifelong ban affects one of every five African Americans in Virginia. That’s no accident. That’s public policy.

These numbers are particularly noxious when one recalls that sixty percent of Virginia felony convictions do not merit jail time, and many are for nonviolent offences.

The lifelong voting ban in Virginia has always been an assault on African Americans immediately, and on communities of color, more generally. In recent years, however, it has also been a weapon in a war against women of color.

The so-called war on drugs has targeted women of color, in particular through conspiracy laws. These laws basically catch women for the crime of intimate relationships with someone involved in the drug trade. The women often, perhaps usually, receive extraordinarily harsh sentences. In Virginia, the case of Santra Lavonne Rucker is illustrative. Her boyfriend was thought to be a major dealer, in Virginia and New York. Rucker was charged with him, as an accomplice, and convicted, despite what many think was flimsy evidence of her actual involvement. But here’s the kicker. Rucker was sentenced to life, lives actually, in prison. Despite overwhelming evidence that, at most, she was a bystander, she was sentenced as a major kingpin in a statewide conspiracy. Santra Lavonne Rucker is still waiting to see the light of day.

Malinda Jenkins, of Lynchburg, Virginia, discovered that, thanks to drug conspiracy laws, absolutely ordinary everyday interactions between intimate partners can result in a narcotics prosecution. Jenkins was brought in with her boyfriend and others. Despite the agents’ testimony that they had never witnessed her or knew of her having any relationship to any drug deals, Jenkins was convicted with the whole crew. On appeal, her conviction was reversed because there was no evidence. It wasn’t insufficient evidence. It was nonexistent evidence.

These are just two cases, but they speak to the last thirty years of the war on drugs and its impact, nationally and in Virginia. In Virginia, being convicted of a drug offense can mean a lifelong ban on welfare benefits as well as a lifelong ban on voting. For women and their children, the ban on welfare has meant an impossible life. This has particularly affected Virginian women of color. That’s no accident. That’s public policy.

Since 1990, Virginia has had one of the highest increases in time served by prisoners and keeps people in prison for longer than most states. This is true for those convicted of nonviolent as well as violent offenses. Only recently has the State, with the establishment of the Virginia Criminal Sentencing Commission, begun to address the possibility of diversion and alternative sentencing. As is so often the case, the Commission was a result of prison overcrowding in the Commonwealth. Nationally, prison overcrowding has often resulted in men being released much earlier than women for exactly the same offense. The State simply needed the men’s beds more than the women’s.

The Virginia Criminal Sentencing Commission applies a point system to each prisoner to establish `risk’ of recidivism. For drug and fraud offenses, women are deemed a much, much better `risk’ than men, nine times better. For larceny, men are a somewhat better risk, about 1.5 times better. In December 2012, these numbers translated as follows: 635 drug cases for review; 951 fraud cases; 185 larceny cases. In the overwhelming number of cases, then, women are a much better prospect for anywhere but behind bars. That’s according to the Commonwealth of Virginia.

It’s time to return the right to vote to those who have paid their debt, especially when much of that debt is the result of legerdemain. It’s time to stop the war on communities of color. It’s time to stop the war on women of color. Do it now, Virginia.

 

(Photo Credit: Eve Arnold/Magnum Photos/Slate)

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In the camps, the women sigh, “O brave new world”

February 11, 2013 by 7 Comments

A key plank of Australia’s asylum policy is deterrence. What happened to asylum being the key plank of asylum policy? Deterrence in this instance means “offshore camps”, particularly on the islands of Manus and Nauru Islands. Manus Island is part of Papua New Guinea, where a trial opened today to challenge the legality of the “processing camps”. The charge is that the Papua New Guinean law does not allow for detention without any charge. Detention camps. Processing camps. Or, as Marianne Evers said of the camp on Nauru, “I actually liken it to a concentration camp.” Not surprisingly, the Australian government takes offense at the likening, “I think invoking concentration camp is a disgrace.” Calling the camps on Manus Island and Nauru Island “concentration camps” is a disgrace, but the camps themselves … are fine?

No.

Last week, New Matilda published three sets of letters by women asylum seekers currently imprisoned on Manus Island. The women are from Iran, Pakistan, Sri Lanka, Afghanistan. They describe terrible hardships in their homelands, terrific struggles to get to Australia, and then debilitating, crushing conditions on Christmas Island and then on Manus Island. They describe the dire mental health crisis that sweeps through the camps, especially among the younger men who are increasingly suicidal. They write about their struggle for safety for themselves and their children. They write a great deal about their children. They describe the life draining out of their children within the universe of trauma that constitutes the detention camp. They describe the cultures and public policies of violence against women in their homelands that compelled them to leave, to seek personal safety and dignity.

The United Nations Refugee Agency, UNHCR, issued a report last week on Manus Island, based on a January visit. The agency confirms the reports of the women asylum seekers. The physical conditions are “harsh”. The living quarters have no privacy, which is a particular concern to parents of girls; are unbearably hot; and have grossly inadequate sanitary facilities. And that’s the family compound. The conditions in the compound for single male adults are worse.

The conditions are generally and specifically traumatic. They breed mental health crises on an individual, collective and structural basis. For the adults, it’s terrible. For the children, it’s crushing.

The UN list of dehumanizing conditions goes on, but here’s the point. This is what happens when deterrence is a key plank in asylum policy. Since Australia began “offshore processing” its asylum seekers, have the numbers gone down? Absolutely not. They’ve risen, incrementally. Does that mean the policy hasn’t worked? According to the State, it means the State hasn’t arrived at the proper balance of harsh and brutal. When the Australian government can match the brutality the women, children and men have fled, then it will have arrived at what it considers to be an appropriate asylum program.

Australia has invested political capital, national identity, and hard cold cash in brutalizing asylum seekers. They have sought partners. First they turned to Papua New Guinea, and this week, they turned to New Zealand. Australia sees asylum seekers as another `opportunity’ for regional free trade agreements. This time trade is in battered bodies and dreams.

Why can’t asylum, rather than deterrence, by the key plank of the asylum policy? What would it take to move the concept of the right to asylum to the center of all asylum policy? Ask the women asylum seekers on Manus Island. Repeatedly, they say they fled violence but they sought peace. Peace, rather than `security’, must govern asylum policy.

Meanwhile, the women who sought peace sit in the harsh camps on the remote islands, look at their children, look at themselves, look at the guards, look at where they’ve come to and where they’re probably going, if the State has its way, and they sigh, “O brave new world, that has such people in’t.”

(Photo Credit: Al Jazeera)

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French prison workers win the right to labor protection!

February 10, 2013 by Leave a Comment

Until now in France, being employed while incarcerated was not placed under labor protection of the civil society. Instead, it was regulated by the prison system. There was no work contract and wages were as much as three times less than minimum wage. On Friday, a court decision changed all that, placing prison workers’ protection under the regime of regular labor laws.

While in jail as a remand prisoner, Marilyn Moureau worked for a phone company. She was laid off for having placed personal phone calls during her work time. In the language of prison management, she was “déclassé” (displaced), a term designed to mark the difference between prison labor and `real’ work. She took her former employer to the Labor Relations Board (prud’homme) and charged them for not respecting proper employment procedures. She won and got everything that is guaranteed by law for workers, including damages and compensation.

This is an important decision because it asserts that work is work whether workers are incarcerated or not. Labor rights should apply to every worker, including prisoners. It also states that people must keep their civil visibility while in jail or prison.

Moreau’s lawyer declared, “It is a great day for all the prisoners of France … an historical decision!”  Let’s hope it inspires the struggle fight to induce changes in worker protection around the world.

(Photo Credit: Nouvel Obs / Thierry Creux / MaxPPP)

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Welcome, asylum seeker, to the society of the queer spectacle

February 6, 2013 by 7 Comments

In the United Kingdom, gay asylum seekers increasingly feel pressured to prove they are gay. In the last three years, the United Kingdom Border Agency rules, and application of rules, for those seeking asylum based on persecution of sexual minorities in their home countries have changed.

Previously, the policy was one of `discretion’, in which gay asylum seekers’ applications were rejected because, it was felt, the asylum seeker merely needed to act with greater discretion. If she or he was tortured, it was her/his fault. If she or he was killed, again, her/his fault. If she or he was kicked out of family and community and left to suffer the ravages of the streets, she or he should have known better. It was a policy of shut up, go away.

In 2010, a Supreme Court decision changed that. In the case of HJ(Iran) and HT (Cameroon) vs. Secretary of State for the Home Department, an Iranian gay man feared imprisonment and lashing, while a Cameroonian gay man was terrorized by his neighbors. The Court rejected discretion: “An interpretation … which denies refugee status to gay men who can only avoid persecution in their home country by behaving discreetly (and who say that on return this is what they will do) would frustrate the humanitarian objective of the Convention and deny them the enjoyment of their fundamental rights and freedoms without discrimination. The right to dignity underpins the protections afforded by the Refugee Convention.”

Since then, with mounting austerity-led, privatization-pushed campaigns by the State to close the non-existent asylum pipeline so as to protect the country from the non-existent tsunami of asylum seeking detritus, that compassionate “opening” has been translated into a cross between a peep show for the State.

Gay? Lesbian? Transgender? From a dangerous, toxic place, which could be your household, could be your neighborhood or `community’, could be your country, because you’re gay or lesbian? Prove it. Hunted down by the State and/or Civil Society because of your sexual minority status? Prove it. If you don’t have the scars to prove it, well … show us some skin.

It’s the society of the spectacle, in which gay and lesbian asylum seekers, who have not only suffered so much but have had to work strenuously to finally make it to “safe haven” are told they must labor some more … now to prove their sexual identity. In 1967, Guy Debord described a new society of the spectacle, in which labor and capital were shifted from production of goods to production of spectacle. He began writing and thinking of an “integrated spectacle (that) has transformed the world economically … using police methods to transform perception”. In 1992, Debord wrote: “The same formidable question that has been haunting the world for two centuries is about to be posed again everywhere: How can the poor be made to work once their illusions have been shattered, and once force has been defeated?”

How? Make them work to prove their claims to identity. Make them work to prove their claims to existence. This is where the spectacle of queer asylum seekers makes economic sense.

A lesbian woman from Uganda fled for her life to the UK. Upon arrival, “the UKBA officials wanted me to prove that I was lesbian but they wouldn’t tell me how I could.” Her application was denied. She spent months in Yarl’s Wood. She brought copies of Ugandan newspapers that called for her murder if she should be seen in Kampala. These were disregarded. Finally, she was given asylum. But first she had to do all the work. The State said no, sat back, and watched.

There all sorts of legal debates about the implications of the Supreme Court decision, touching on `queer cases’ and the law, the legal meaning of discretion, where lines should and shouldn’t be drawn, assessment protocols for LGBTQ asylum seekers, good sense and common sense, the centrality of LGBTQ rights on the map of human rights, the rights of gay men and lesbians to live freely, openly and on equal terms. The list goes on.

But there’s something else, something not of the courthouse but rather of the everyday world of work. Major investments are made in prisons and their outlying service networks for asylum seekers. It costs money to house a Ugandan lesbian asylum seeker for months. It costs money to threaten her with deportation, day in and day out. Major profits emerge from those investments. At the same time, there’s a newer form of extraction, that of making the asylum seeker work to prove identity claims. So … welcome gay man, lesbian woman. You have traveled so far and struggled so much. Welcome to your new workhouse, your new poorhouse … your body, your self, the new, and not so new, queer spectacle.

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Where’s the outrage at the forced powerlessness of pregnant women?

February 4, 2013 by 4 Comments

 

According to a recent study, as described in a post here last month, in the United States, being a person is tricky business if you are pregnant, poor, or a woman of color. That study responds to two sets of interrelated events: [1] the effort to pass laws that give a fetus the constitutional right of a person, thus far passed in 38 states; and [2] the increased number of arrests and incarceration of pregnant women.

The study raises many questions, ranging from the conceptualization of protection, including medical care, based on the socioeconomic status of the pregnant woman, to the concept of fetus personhood. Fetus personhood was embedded in the Roe v Wade decision in its discussion of a woman’s right to terminate her pregnancy as “not absolute, and … subject to some limitations…. A State may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life.”

Pregnant women have been incarcerated with greater frequency because of the establishment of a process that renders them available and appropriate to incarceration. The study identifies that process through the records and examination of the incarceration of pregnant women in the United States between 1973 and 2005. In every case the bases of arrest was the protection of the personhood of the fetus.

Being-pregnant, then, has become being-powerless. At one level, this is not new. In Beggars and Choosers, Rickie Solinger recounts how officials used White pregnant teenagers to fuel the adoption business: “Beginning in the late 1940s, community and government authorities together developed a raft of strategies some quite coercive, to press white unwed mothers to relinquish their babies to deserving couples” (70). Those teenagers were presented as “mentally disturbed” because they failed to have a husband to protect them, “a proof of neurosis,” making them potential bad mothers. The same authorities singled out and removed unwed Black teenage mothers from any public assistance, intensifying their already precarious situation.

In both cases the personhood of the young woman was reduced to being a carrier in which the state had a prevailing interest of control and protection. In this historical context, the Roe v Wade decision allowed the same ambivalence to be developed concerning the personhood of all women, with the invisible hand of the state ready to take over a woman’s right to control her body.

The study emphasizes the responsibility of the perverse effects of this lack of clarity of the woman’s existence as a person with regard to women’s versus fetus’ personhood. These effects created an insidious web of laws, which have led to the mounting incarceration of pregnant women. The fact that 38 states passed feticide or similar laws that have justified the arrest of pregnant women is no accident.

As we saw with Aaron Swartz’s suicide prompted by the violence of the American justice system, no campaign with celebrities and intellectual was organized to defend an individual who tried to defend our rights. In the case of both incarcerated pregnant women and Aaron Swartz, the outcry is limited and will probably remain so, thanks to the combined power of the State and a Civil Society that bends to corporate needs and wishes. Every day in this country, women are imprisoned because they are less important, they have less being-in-the-world, than something called the protection of “potential life.” Where is the outrage?

 

(Image Credit: The Atlantic / Lauren Giardano)

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