The gender of stampede

There was a stampede in Jakarta, Indonesia today. Few agencies have reported it, I’ve found only one. Thirteen people are reported injured, and it is reported that the thousands who gathered for free food and cash handouts, to mark the end of Ramadan, were overwhelmingly women and children.

Human stampedes are reported throughout the year, everywhere. In the past week or so, four human stampedes have been reported, Jakarta’s being the most recent.

In New Delhi, India, on Thursday, September 10, “Tragedy struck a government secondary school in Indian national capital New Delhi Sept 10 when five girls were killed and 27 other students injured, six of them very critically, in a stampede. The incident occurred when students were trying to make their way up and down a narrow staircase when they were asked to shift classrooms during an examination in the Khajuri Khas Senior Secondary School….Some students said they were asked to shift classes as certain classrooms were water-logged due to incessant rains since Sept 9 night. One of the girls, going down the staircase, fell leading to the stampede….All but one of the 27 injured students were girls.” In the end, 34 students were reported injured, five killed.

That was Thursday. On Saturday, in KwaNongoma, KwaZulu Natal, South Africa, “Tragedy struck at the annual Royal Reed Dance … when one of the maidens was crushed to death during a stampede that broke out following a scramble for promotional caps. Another maiden is in a critical condition while 10 others were seriously injured as the event turned into pandemonium.”

That was Saturday. On Monday, September 14, in Karachi, Pakistan, “Eighteen people were suffocated to death during a stampede here on Monday as poverty-stricken women battled for a free bag of flour being distributed by a philanthropist in Khohri Garden. The dead reportedly include a number of children as well. Meanwhile, several unconscious women were rushed to the emergency ward of the Civil Hospital in Karachi.” Actually, it was twenty women and girls killed, and fifteen were injured. Or was it at least 25? At any rate, the women and girls were waiting for free food.

Stampedes occur all the time. It could be sports events, such as in March of this year at the Houphouet-Boigny Stadium in Côte d’Ivoire at a football, or soccer, match when a wall collapsed and the crush killed 22 and injured over 130. It could be the proverbial fire in a crowded theater or club, as happened in Bangkok this New Year’s, when at least 59 people were killed and over 200 were injured. Or it could be a sale at a big store, like Wal-Mart, as happened late last year, in Valley Stream, New York, not far from New York City. That was on the Friday after Thanksgiving, when people couldn’t wait any longer and broke through the doors, trampling a worker, Jdimytai Damour, to death. It happens all the time.

All of these incidents were described as stampedes. In the most recent, the dead and injured were all or almost all women and girls, but that is not my point here today. What exactly is a stampede, and how does a crowd crush become a stampede?

Stampede is a relatively new word, and it seems to be North American. According to the Oxford English Dictionary, it was coined early in the 1800s, Cowboys in the United States borrowed the Spanish word, estampido, which means crash, explosion, or report of a firearm, and estampida, which means a stampede of cattle or horses. It was an early example of transnational vaquero cowboy culture. The word didn’t come from Spain, it came from Mexico. Stampede, or stompado, was a “sudden rush and flight of a body of panic-stricken cattle” or horses. Later, stampede came to mean a “sudden or unreasoning rush or flight of persons in a body or mass”.

Here’s the thing. At its inception, stampede meant a thundering herd, powerful, dangerous. Today, when referring to people, it means a mass of people in flight who are threat mostly to themselves. How does that happen? Here’s one possibility. At the beginning, stampede was virile, masculine, big roaring animals and big riding cowboys. People, on the other hand, that was panic. In fact, the word in Spanish for the phenomenon of people rushing as a crowd and crushing one another in the process is precisely pánico. Panic. Sudden, wild, unreasoning, excessive, at a loss and out of control. And what is the term for mass panic?  Hysteria, the women’s condition: “Women being much more liable than men to this disorder, it was originally thought to be due to a disturbance of the uterus and its functions”.  Hysteric: “belonging to the womb, suffering in the womb”.

It doesn’t matter who is trampled in the event called a stampede. What began as an articulation of masculinity, the enraged capacity to destroy all in its path, has become the embodiment of womanhood, the helpless implosion of self. What began as a roar has become somehow a whimper. When you read that a group was in a stampede, know this. It is not a neutral word. It is a gender, and the gender is woman.

And those who were in the stampede? Writing of the trampling to death of Jdimytai Damour, one person commented, “I’m particularly troubled by reports that police are thinking about charging individual members of the crowd. When people behind you start pushing you forward, there is often nothing you can do. And there’s a real fear that if you try to resist, you too will be trampled. Part of the tragedy is that there are undoubtedly people in that crowd who know they stepped on something that day, or who, in their excitement, spurred on the surge. These thoughts may haunt them for many years.”  Those who trampled will be haunted, those who lost loved ones will be haunted. The rest of us, we are meant to be haunted by the gender of stampede.

(Photo Credit: NDTV)

ACAS Bulletin 83: Sexual and gender based violence in Africa

Sexual and gender based violence in Africa

A New ACAS Bulletin edited by Daniel Moshenberg

This Bulletin began in response to news reports of “corrective” and “curative” gang rapes of lesbians in South Africa. These were then followed by news reports of a study in South Africa that found that one in four men in South Africa had committed rape, many of them more than once. We wanted to bring together concerned Africa scholars and committed African activists and practitioners, to help contextualize these reports. We wanted to address the ongoing situation of sexual and gender based violence on the continent, the media coverage of sexual and gender based violence in Africa, and possibilities for responses, however partial, that might offer alternatives to the discourse of the repeated profession of shock or the endless, and endlessly reiterated, cycle of lamentation. To that end, we have brought together writers of prose fiction (Megan Voysey-Braig), lawyer-advocates (Salma Maoulidi, Ann Njogu), poets (Chinwe Azubuike), trauma scholars (Sariane Leigh), human righs and women’s rights advocates (Michelle McHardy), gender and transgender advocates (Liesl Theron), activist researchers (Sasha Gear). These categories are fluid, since every writer here is involved in various activist projects, advocates in many ways. The writers do not pretend to `cover Africa’, and neither does the collection of their writings. The writings treat South Africa, Nigeria, Zanzibar, Kenya, Sierra Leone. They are meant to continue certain conversations, to initiate others.

Read more here : http://concernedafricascholars.org/analysis/acas-bulletin-83/

Download the Entire pdf (3.4mb) here: http://concernedafricascholars.org/docs/Bulletin83.pdf

Table of Contents

Sexual and gender based violence: everyday, everywhere, and yet… | pdf
Daniel Moshenberg

Untitled | pdf
Megan Voysey-Braig

Zanzibar GBV advocacy: important lessons for future legal reform strategies | pdf
Salma Maoulidi

Searching for the will to conscientiously prosecute sexual crimes in Zanzibar | pdf
Salma Maoulidi

Poet’s Note | pdf
Onwu Di
Of Widowhood
Chinwe Azubuike

Post conflict recovery in Sierra Leone: the spiritual self and the transformational state | pdf
Sariane Leigh

To be a woman in Kenya: a look at sexual and gender-based violence | pdf
Ann Njogu and Michelle McHardy

Trans-hate at the core of gender based violence? | pdf
Liesl Theron

Manhood, violence and coercive sexualities in men’s prisons: dynamics and consequences behind bars and beyond | pdf
Sasha Gear

Supplemental Material

Profile: Dr Denis Mukwge
Lelly Morris / The Lancet

Interview: Sexual terrorism in eastern DRC
Amy Goodman interveiws Christine Shuler Deschryver

Report: Soldiers who rape, commanders who condone
Human Rights Watch


The Association of Concerned African Scholars (ACAS) is a network of academics, analysts and activists. ACAS is engaged in critical research and analysis of Africa and U.S. government policy; developing communication and action networks; and mobilizing concerned communities on critical, current issues related to Africa. ACAS is committed to interrogating the methods and theoretical approaches that shape the study of Africa.

Scatterlings: “Shoot to kill”


At this time four years ago, New Orleans residents of color were being hunted like animals by white citizens and National Guardsmen alike as the waters of Katrina receded…

…and now ZA has its own “shoot to kill” policy. On the anniversary of 9/11, it really makes me wonder about how “we” define terrorism. Brutality by the state = law and order, mean to protect “football fans [that] could become easy targets during next year’s World Cup“. The low income (or no income) citizens of South Africa, of course, are always easy targets in the state’s shooting range. Oh wait, did I say citizens? Turns out “those who use illegal weapons would lose their normal rights as citizens“. Is this not terrorism?

It certainly is terrifying, and there are so many more layers yet: the resources being allotted to “security” and construction for this event instead of towards economic justice, the high rates of crime seen as unacceptable for Western tourists but the price of admission for South Africans…and where is the speech at an ANC dinner, the huge push of resources, regarding violence against women and rape?

(Photo Credit: The Telegraph / AFP)

It may be Labor Day in the USA but not for the `un-worthy’ cleaners

Hands in Solidarity, Hands of Freedom mural on the United Electrical Workers building, Chicago, Illinois

It’s Labor Day weekend in the United States, and I’ve been thinking of the names, words, and voices that are consistently dropped out of the public accounts of workers and of labor. They’re stories that are deemed not worth telling or selling. Who decides the value of a story or the worth of a person or a people? Who decides something or someone is beyond worthless, beyond unworthy, is actually filled with un-worth? Consider two stories, from this weekend, that concern cleaners, and how their gender is `of no consequence’.

One involves cleaners at the University of the Free State, in South Africa, the other involves cleaners at GEICO headquarters, in suburban Washington, DC, in the U.S.

In February 2008, four white students at the University of the Free State made a horrible video. According to one report, “The video depicts four white male students taking four black, elderly, female workers and making them down a bottle of beer, run a race, play rugby and then kneel and eat meat which had been urinated on”. According to other reports, it was five Black elder workers, four women and one man.

Whatever the number, the workers were Black, overwhelmingly women, and elders. The media consensus? Racism. This was simply a matter of racism. Why? Perhaps because the students themselves said the video was in protest of racial integration of the residences. Perhaps.

Over this weekend, a full eighteen months later, the South African Sunday Times reports those cleaners, “four elderly female cleaners” are now “still being taunted”, by students, and are still haunted every time they don their cleaner uniforms. They have asked, since February 2008 when the film was made and circulated, for the University to change their uniforms. As of yet, nothing has changed, in either outfit or culture.

The report never deigns to quote any of the cleaners, instead opting only for the words of minister of higher education Blade Nzimande. And so the video remains simply racist. Gender matters not, elder status matters not. These topics are un-worthy.

I’ve been thinking about the names, words and voices of women workers, and in particular cleaners, because of an incident in Washington, DC. “12 union workers” lost their jobs recently when GEICO, the insurance giant, changed cleaners, and in so doing, moved from a unionized company to a non-union company. Service Employees International Union, SEIU, local 32BJ represents `property service workers’, and is staging protests. Washington Business Journal reports on the situation, without any names, other than those of corporations and union locals. Local National Public radio station WAMU reports on the protest, and interviews union district chair Jaime Contreras and company senior vice president Don Lyons. No workers. Radio América interviewed Jaime Contreras, who spoke, compellingly, of the workers’ situation. The television network, Univision, also ran a piece. They interviewed Dima Diaz, of SEIU, and Jose Rafael Cabrera, a dismissed worker. They tried to interview company boss Derek Miller, but no luck.

If you watch the Univision piece, you might notice that the majority of union activists and workers in the piece are women. Where are they in the reports? I am not saying the SEIU or the news media conspired to keep them out. But they did keep them out. It would be surprising if a crew of 17 cleaners was exclusively men workers. In fact, it would be shocking.

I understand that workers, women or men, may not want to have their names shared, might have reasons, many reasons, to protect their anonymity. But their words? As long as women workers, and in particular women workers of color, are kept out of reports of their own struggles, they will be continue to be considered un-worthy of attention, respect or recognition. Those women workers, those cleaners, have names, words, voices.

(Photo Credit: Harvard College Women’s Center)

Security of Sex: Legally Bound (and Gagged)

In the good ‘ol US of A, we’ve been seeing some odd juggling around not just civil but human rights under the new administration. President Obama has been under fire for reneging on his campaign promise to repeal Don’t Ask Don’t Tell and for offering support of DOMA, though Obama recently issued a statement negating his previous statement. And the good news has been that there has been vigorous debate and even some voting regarding the Matthew Shepard Act.  These three issues are supposed to represent the pinnacle of LGBTQ rights in America: the right to shoot people for my country, the ability to legally enter into a heteronormative institution and the ability to put more people in jail for longer. OK.  These are considered basic civil rights that affect the entire ‘community’.   The problem is that none of these topics actually relate to the needs of the larger LGBTQ community, because is there is no community, no consensus.  The only thing uniform about this community is that there are individuals across every major racial group, ethnicity, gender, sex, religion and class that consider the ability to discriminate and even harm LGBTQ persons a necessary right.  Such universal disempowerment only exists for one other group: women.  Despite this, the larger issues affecting the LGBTQ community of domestic and sexual violence and abuse, unusually high suicide rates, under-education, harassment both generally and by police, discrimination, heteronormativity, etc. are overwhelmed by marriage, military and prison. Sound familiar?

Meanwhile, the struggle for ‘equality’ looks a little different in South Africa, but only a little. Africa’s largest economy has had full legal equality for LGB persons since the ratification of the post-Apartheid constitution, gender identity and expression or transgender rights are not listed.  Despite having one of the most liberal constitutions in the world, South African LGBTQ persons are commonly subject to brutal acts of violence.  And they aren’t the only ones.  In particular, African lesbians in South Africa have been explicitly targeted for gang-rapes.  I’ve talked about this particular situation before, that women and specifically queer women are targeted is no accident.  That these acts are not causing mass outcry or even being consistently investigated is no accident.

The United States of course is no better we just have a legal term for these types of acts. Individuals who commit these ‘hate crimes’ are often portrayed as either marginal and extreme or victims themselves of an awkward circumstance, in South Africa they are generally faceless groups of males, assumedly black.  Such portrayals justify larger apathy and inaction by removing these acts from the larger debate. When violence against LGBTQ persons is mentioned as being part of larger systemic prejudices, it is usually to say that violence is caused by laws against LGBTQ persons, that it will wane once there is full legal equality.   It is the same argument that has been used for women for more than a century.  Yet, the elephant in the room is the fact that South Africa has those legal rights that the mainstream American LGBTQ organizations are hung up on and not only are LGBTQ persons in South Africa not equal, they are the subjects of intense discrimination and violence.  Full legal equality, whatever that means, will not magically create a society of equals because the issue is only in part about laws.  It’s like giving someone painkillers and saying it will cure cancer.  No amount of legal progressivism will undo the damage of a country’s President making a mockery of rape and being elected despite it.  It is primarily about power and how disempowered groups are balkanized and ranked creating a system in which low class African males in Johannesburg and minority males in California gain power through the gang-rape of lesbians.

Reliance on law, regardless of whether or not the laws are good, has not accounted for a lack of willingness to enforce.  The U.S. is established as the imprisonment capital of the world and South Africa is playing catch up.  If a state emphasizes that criminalization and long sentences equal justice but refuses to actually prosecute or even investigate acts of violence against LGBT persons, of color and women especially, then that government not only seems to condone these actions but sends the message these are just actions.  They are public services.  It’s the same message that both the Apartheid and Jim Crow governments sent in their heydays.  Yet, now the messages are masked by so called legal progresses. The moral of the story remains the same as it has always been, ‘no one’ cares if you are poor, black, queer and/or female, no matter where you are.

(Photo Credit: DavidMixner.com)

Maternal mortality, and it still is news

Causes of maternal death worldwide

Euna Lee and Laura Ling are in prison. Mallika Chopra is haunted by them: “I wanted to share a story about Euna Lee, who along with Laura Ling, has been held in N. Korea for 4 months.  As a mother, the story has been haunting me since I heard it. It haunts me because I can totally relate to Euna’s actions.” Mothers in prison haunt the mothers of the world.

Chopra had dinner with Euna Lee’s husband Michael who recounted the story of how Euna struggled to send him an urgent note: “Euna wanted to make sure that Michael had sent in the registration form for Hana for summer school. Euna had chosen the Korean immersion school for her daughter, but was scared her husband would forget to send in the form! Hearing this story brought tears to my eyes.  Sitting in captivity halfway around the world, a mom is still a mom.” Their daughter Hana is four years old.

Sitting in captivity halfway around the world, a mom is still a mom.

Lisa Belkin read Chopra’s account and was haunted as well: “When a friend of mine was weak with the cancer that would soon kill her, she began leaving Post-It notes around her bedroom for her husband. Thoughts on what to get their two sons for their birthdays. Reminders of playdates that were scheduled for the next few weeks. Suggested grocery lists. A mother is a mother as long as she lives.”

A mother is a mother as long as she lives.

“As long as she lives”. What does that mean in a world in which maternal mortality persists? “Every year some 536 000 women die of complications during pregnancy or childbirth, 99% of them in developing countries. The global maternal mortality ratio of 400 maternal deaths per 100 000 live births in 2005 has barely changed since 1990.”

Improving maternal health is one of the Millenium Development Goals, or MDGs, and it “constitutes the most off-track of all MDGs.” The thing about maternal mortality, about deaths in pregnancy or in childbirth complications is that almost all of them are preventable. Family planning, education, access to maternal and reproductive health care services would do the trick. A bit of money, a bout of commitment, and a dose of recognition that women actually matter would suffice.

Preventable maternal mortality haunts the globe.

Take South Africa, for example, whose Department of Health recently released a report on how the country is failing to save pregnant women and mothers. The report is titled Saving Mothers 2005 – 2007.

According to the report, “38.4% of the deaths were clearly avoidable within the health care system….There were 1519 (38.4%) clearly avoidable deaths within the health system….This is approximately the same as reported in 2002-2004 where the clearly avoidable deaths 36.7%….Four out of five of clearly avoidable maternal deaths were due to complications of hypertension, obstetric haemorrhage, pregnancy related sepsis and non-pregnancy related infections.  The ways to prevent these deaths are known. Specific protocols have been developed and these have been included in the recommendations given in the previous report.  Despite this, the most important avoidable factor is still substandard care. . . .Delay in seeking help was the most common patient related avoidable factor. The exact meaning of this is hard to establish as assessors can only use the data available in the case notes.  If lack of transport or other factors inhibiting the woman seeking help is not recorded in the notes, the assessor will not be able to document them. Independent research has indicated most of the delays are due to the inability to access transport especially at night leading to delay, rather than lack of knowledge or concern by the patient.”

Women’s delays in seeking help is more often than not a factor of inaccessible transport than of the woman’s knowledge or concern. That is, it’s a function of everyday life for poor women, and especially for poor rural women, living and dying in South Africa. Those women, they haunt the trains, the collective taxis, the buses, the side of the road. They haunt the clinics and hospitals to which they never arrived and when they did, they were poorly cared for.

The report’s Conclusion is short, bitter, and to the point. Here it is in its entirety: “The final comment of the 1999-2001 report was “Every woman who becomes pregnant and continues with her pregnancy does so in the expectation of delivering a healthy child and the joy and satisfaction of watching the child grow.  Surely, it is the duty of society and the health care profession to do the utmost to fulfil this expectation?  To this end, the deficiencies identified in this report must be urgently addressed.  The committee are anxious to see clear signs of progress by the next triennial report”.   Unfortunately this, with the notable exception of women dying from complications of hypertension in pregnancy, has not come to pass.  We will have to redouble our efforts.”

This is not just about South Africa nor is it about the `developing world’. This is about the globe. Them that’s got shall get. Them that’s not shall lose. So the Bible said, and it still is news.

Women who die of pregnancy and childbirth complications haunt the world. We mourn their loss, their absence, and honor their lives. Women who die of preventable pregnancy and childbirth complications, on the other hand, haunt our every days and every nights. We must do as they have done. Howl. We must do more than write reports and articles that begin and conclude, “As we said before, and it still is news.”

(Image Credit: Public Health Association of South Africa)

Who’s in, who’s out, who’s counting?

Roma

Maps and tallies tell stories. They tell something about what’s going on, who’s in, who’s out, who’s where. They reveal more about the mapmaker and the list maker, the cartographer and the accountant.

Over the weekend, police in three major provinces of South Africa were accused of `fiddling’ with the statistics to make it look as if they, and `we’, are winning the war on crime. Like all modern wars, the war on crime is a statistical phantasmagoria, and so to win the war, one must play the numbers. The police played. Charges include stockpiling, burning, hiding dockets generally; ditching dockets of crimes on the increase; failing to register crimes with a low chance of prosecution; reducing serious crimes to lesser charges; and cover up.

Meanwhile, the police in Los Angeles are fiddling as well. The LAPD online crime map `omits’ close to 40% of serious crimes committed over the last six months, serious crimes that are actually reported elsewhere by … the LAPD! The Department officially reported 52,000 serious crimes between January and June of this year. The map shows 33,000. 19,000 crimes went missing. That’s a lot of missing numbers. That map has some pretty big holes.

From South Africa to the United States, and beyond, some numbers are abandoned, others are abducted.

In Rangoon, Aung San Suu Kyi is a guest of the State, in Insein Jail. She counts. Sunday July 5 marked the 5000th day of her incarceration.

In Uttar Pradesh, or UP, in India, Roma counts, too. She’s Number One, the first woman in the state to be charged under the National Security Act. She’s accused of consorting with Naxalites, of being a terrorist, a dangerous woman. There have been no incidences of insurgent violence where Roma works and lives. There has been “a silent revolution”. Women from over 500 villages have occupied over 20,000 hectares of forest land and have established farming cooperatives. Without committing an act of violence. But Roma is a member of the National Forum of Forests People and Forest Workers, she has worked and lived with tribals in UP for twenty some years, she is a writer, a researcher, an activist who calls for democratic dialogue, a woman who supports tribal women, social justice, peace. She says she has lost count of the number of accusations and arrests. She has never been successfully prosecuted.

In Zimbabwe, Jestina Mukoko, director of the Zimbabwe Peace Project, is also counting. Having been abducted and disappeared last year, she now counts the number of times the government of Zimbabwe lies in order to keep her in prison or under the formal threat of imprisonment. At the end of June, state prosecutor Fatima Maxwell admitted that indeed Mukoko had been abducted by state security agents, and that the abduction was illegal. According to government testimony, at least three rights were violated: the right to liberty, the protection of the law, and the right to freedom from torture. A week later, State Security Minister Sydney Sekeramayi denied it all, said no rights were violated. Jestina Mukoko is counting the lies and mapping the spaces where rights used to be. Some are abandoned, some are abducted. We keep trying to count, we keep losing count, we keep counting.

We are in a map of the countless. In Iran, for example, journalist, feminist Zhila Bani Yaghoub was arrested, along with her husband, Bahman Ahmadi Amooy. They were taken to Evin Prison. Yaghoub has written about, and for, women’s rights in Iran for years. The Nobel Women’s Initiative expressed concern “for the safety of Zhila, her husband and the countless other Iranian activists and protesters currently being detained in Iran.” Countless. The numbers are countless. Not because they are so many, although they are many. They are countless because the tally is forbidden. How many lives lost, how many acts of violence, how many rights lost, how many mourners?

Mairead Maguire, Cynthia McKinney, Derek Graham, were among a small boatload of 21 people and humanitarian aid, toys and building supplies and medicine, headed for Gaza, epicenter of the countless. The Israeli Navy took the boat and hijacked it to Israel, where the crew and passengers were detained, mostly in Ramle Prison. Two days later, Maguire, Graham and McKinney were deported. According to Maguire, “Gaza is like a huge prison, but—because its borders are closed. The sea pass into Gaza, which has been closed for over forty years by the Israeli government—we are only the seventh ship to get in to the port of Gaza that tried to break the siege.…And also farmers—fishermen, who try to go out without—in about twelve miles to fish for their families, are shot up and have been killed by the Israeli navy in that area. So, Gaza is a huge occupied territory of one-and-a-half million people who have been subjected to collective punishment by the Israeli government…. It is also tragic that out of ten million Palestinians of a population, almost seven million are currently refugees out in other countries or displaced within their own country, particularly after the horrific massacre by Israeli jet fighters after just earlier this year. Twenty-two days Israel bombarded Gaza, Gazan people, civilians.” 40 years, seven ships, twelve miles, 1.5 million people, 10 million Palestinians, 7 million refugees and displaced persons, 22 days of bombing. Countless. Not infinite, not insuperable, not unimaginable. Simply imprisoned, behind walls and barriers. How many abductions, how many abandonments?

In Ramle Prison, Cynthia McKinney met African women refugees, women who had “arrived…in a very difficult way”. Those countless women wait to be counted. In immigration detention centers around the world, countless women and children and men wait for the fog of their war to dissipate, for the fiddling to stop, for a new set of maps and tallies, and cartographers and accountants.

 

(Photo Credit: CJP)

Children of Incarcerated Mothers, or Albie Sachs haunts U.S. prisons!

Albie Sachs is a South African judge who haunts the U.S. prison system. Why? Because he is a decent human being, that’s why. He decided to listen to a woman colleague. He decided that primary caregivers of children should not be sent to jail. Here’s a version of the story:

“Albie Sachs…was fleetingly in the UK last week, primarily to tell the story behind the judgment he made in South Africa not to send a woman to prison because it would infringe the human rights of her three children.…

“Judges are the storytellers of the 21st century,” says 74-year-old Sachs….

At first sight, he had intended to throw out an appeal on behalf of Mrs M, who was facing four years in jail for up to 40 counts of credit card fraud that she had committed while under a suspended sentence for similar offences. “I remember drafting an extremely dismissive response. I said: ‘This doesn’t raise a constitutional question. She simply wants to avoid going to jail. She doesn’t make out a case, and her prospects of success are zero.’ “It was a female colleague…who insisted that the case be heard. She argued that the human rights of the accused woman’s children were not being looked at separately.

“She said: ‘There is something you are missing. What about the children? Mrs M has three teenage children. She lives in an area that we politely call fragile, an area of gangs, drug-peddling and a fair amount of violence. The indications are that she is a good mother, and the magistrate gave no attention to the children’s interests.’

“The minute my colleague spoke to me about the importance of the three teenage children of Mrs M, I started to see them not as three small citizens who had the right to grow up into big citizens but as three threatened, worrying, precarious, conflicted young boys who had a claim on the court, a claim on our society as individuals, as children, and a claim not to be treated solely as extensions of the rights of the mother, but in their own terms.”

As a result, Sachs created a legal precedent in 2007: a woman who otherwise would have gone to jail did not have to, because of her children’s rights. “We could have said the children’s rights must be considered but sent Mrs M to jail anyway, perhaps for a lesser term. But that would not have changed anything.”…

Although three judges dissented from the majority verdict, the precedent was set in South Africa that – at least in borderline cases – primary caregivers of children should not be sent to jail. And if the court decided to jail a primary caregiver, it had to take some responsibility for what happens to the children. “The court can’t simply say that she should have thought of that before she committed the offence, or that she can’t hide behind her children.”…

At the time he was drafting the judgment, Sachs did not know of any country that took the rights of offenders’ children into account, but he subsequently discovered that similar ideas were being framed in Scotland in a report by the then children’s commissioner, Kathleen Marshall. The report, Not Seen, Not Heard, Not Guilty, argues that the rights of offenders’ children to family life under the UN Convention on the Rights of the Child are systematically ignored by the court system. The report found that almost two-thirds of prisoners in the Cornton Vale women’s prison in Stirling had children under 18, but there was no provision to take their rights into account during sentencing.

“This was astonishing,” Sachs told the audience. “In a totally different legal system, in a totally different society, a conclusion was being reached that is almost identical. It showed that the time has come for new ways of thinking.””

Albie Sachs haunts the United States, home of “the incarceration generation”: “The chances of seeing a parent go to prison have never been greater, especially for poor black Americans, and new research is documenting the long-term harm to the children they leave behind. Recent studies indicate that having an incarcerated parent doubles the chance that a child will be at least temporarily homeless and measurably increases the likelihood of physically aggressive behavior, social isolation, depression and problems in school — all portending dimmer prospects in adulthood. “Parental imprisonment has emerged as a novel, and distinctly American, childhood risk that is concentrated among black children and children of low-education parents,” said Christopher Wildeman, a sociologist at the University of Michigan who is studying what some now call the “incarceration generation.” Incarceration rates in the United States have multiplied over the last three decades, in part because of stiffer sentencing rules. At any given moment, more than 1.5 million children have a parent, usually their father, in prison, according to federal data. But many more are affected over the course of childhood, especially if they are black, new studies show. Among those born in 1990, one in four black children, compared with one in 25 white children, had a father in prison by age 14. Risk is concentrated among black children whose parents are high-school dropouts; half of those children had a father in prison, compared with one in 14 white children with dropout parents, according to a report by Dr. Wildeman recently published in the journal Demography. For both blacks and whites, the chances of parental incarceration were far higher than they were for children born just 12 years earlier, in 1978.”

None of this is new, news or surprising. Cage the fathers, superexploit the mothers, forget the children. It’s simple. Put a nation of mothers behind bars, where too often there are no fathers or other guardians around and there is no public support, and you imprison the children. Where’s the surprise? Shackle pregnant women prisoners in labor and delivery, in the name of security. Are you surprised? This has all been said before. It’s common knowledge.

In South Africa, Albie Sachs acted. In Scotland, so did Kathleen Marshall. In the U.S., it’s time, it’s way past time, for similar action.

(Image Credit: http://childrenofprisoners.eu)

`I still live in fear’

The borders are everywhere, especially for women. Audre Lorde and Gloria Anzaldua taught that lesson, the borders are not only geographically everywhere, but they are also everywhere in our bodies, in our selves. Every act of violence is another border establishment. Every act of border is another act of violence. Let’s talk about fear, violence, specters, justice.

A year ago, xenophobic pogroms swept across and dug into South Africa, dug into the landscape, dug into the consciousness, and some want to know if that violence dug into the very fabric of the country. Ramaphosaville, in the East Rand, was one of the places named, a place that “exploded into horrific and shameful violence”. “Places like Alexandra, Ramaphosaville and Khayelitsha have become the dumping grounds of the marginalised and alienated. Daily, poor people eke out an existence in the insalubrious warrens of congested squatter camps or the dilapidated prison-like hostels. These environs subject people to the most degrading conditions, resulting in poor fight against poor.”

And today? “I still live in fear” In Ramaphosaville, both the fear and anger, and the potential for more violence, do more than linger. They simmer: ““What do you do if people come and tell you they have more rights than you because you are a foreigner? I choose to give them what they want to save my life. “I still live in fear.”” But who is articulated in this statement? Miro Mavila and Benet Oguda, Mozambican nationals, express their fear of South African violence, Prince Mofokeng, a South African national, expresses his fear of living in “a little Maputo”.

This is not a case of the poors against the poors, although certainly class and poverty have been stirred into the pot. It is a case of the affect of border, the ways in which border breeds and intensifies the logic of fear as an alibi for `justifiable’ homicide, torture, violence. And patriarchy. Even in this article, only men are interviewed. Women? Silently walking away, carrying the daily water, carrying the remains of the day. Look at the picture that accompanies the article; what do you see?

“I still live in fear”. The South African government announced it is scrapping visas for Zimbabweans, in effect more or less opening the border. This should be good news, right? Yes and no. As long as the border exists, fear exists: “The news of the scrapping of visas for Zimbabweans entering South Africa has been received with mixed feelings by citizens of the two countries. Many of those from north of the Limpopo gave a sigh of relief with regard to the difficulties they had endured over the years whenever they wanted to cross the border into South Africa. On the other hand, many people in South Africa now fear a new influx of refugees who may not have entered the country because of the very restrictions that have just been lifted. This has heightened fears of the revival of the xenophobic attacks experienced last May when South African mobs turned on their neighbours, killing many.” Previously, the South African immigration policy towards Zimbabweans was “arguably the toughest visa regime in post-colonial Africa, especially between countries that were not at war.” It also was good business for those working the border, 5000 crossing legally every day and who knows how many crossing through `informal’ entry points: “a well-oiled corruption system has reportedly developed at the Beitbridge border, the main beneficiaries being the low-paid officials on both sides of the border who have to “assist” desperate Zimbabweans for a fee.”

What never gets mentioned, again? Women. Zimbabwean women are the principal cross border traders at Beitbridge. Zimbabwean women have suffered much of the greatest violence, State and `informal sector’, in Musina, in Lindela. When do women enter into the border picture? As long as borders define nation, define citizenship, define `the human’, that human will be man. Watch closely the agreements between the governments of South Africa and Zimbabwe over the next months, concerning the rights of migrant and immigrant populations.

But the border is not only between nations, it’s across nations. Xenophobic violence is not only `civilian’. It’s also State. A year ago, agents of State came into Postville, Iowa, and `swept’ the meatpacking plants of its `dangerous elements’, underpaid, abused workers without legal documents. Real danger there, I tell you. This week, 20 of those workers received U Visas: “Twenty undocumented workers arrested a year ago at a meatpacking plant have received visas through a law that protects victims of crime, reports La Opinión. The immigrants arrested 
last year at Agriprocessors Inc. received U visas from the U.S. Citizenship and Immigration Services (CIS), which allow them to stay and work legally in the country for four years. In their third year, they may apply for permanent residence. “A government agency is admitting that these women and children have been subjected to physical and emotional harm by Agriprocessors,” said attorney Sonia Parras-Konrad. “These people have been exploited, assaulted, humiliated, verbally and emotionally abused by this employer.””

Women and children have been subjected to harm by their employers and then by the State. Here are the faces of menace and danger. Look closely. What do you see?

They are still afraid. The borders are not the peripheries nor are they the margins. They are the core … of the nation and of every resident, and they define women as other-than-human and not worth discussing or representing. Borders must be opened, removed, and completely transformed. Until then, I still live in fear.

(Image Credits: Shubnum Khan / IOLS Commentary) (Photo Credit: https://durbanaction.wordpress.com)

“We have voted but our governments have not delivered”: sex workers speak out and organize

On Wednesday, 22 April 2009, South Africans will head for the polls to cast their democratic vote for the fourth time. With a flurry of pre-election activities: from increased campaigning and media coverage to some comic relief from the likes of Evita Bezuidenhout’s Elections and Erections. Of course when raising the issue of elections and sex work one can expect sexual innuendos like this to flourish. However sex workers across the world have engaged with election processes.

In the run up to elections in the USA last year, sex workers started an election awareness campaign called: “Grind the vote”. This campaign was spearheaded by SPREAD, a magazine by sex workers for sex workers. It raised a list of issues, concerns and demands by sex workers, analysed various political parties’ manifestoes and embarked on extensive voter education with sex workers across the country.

Similarly Indonesia held their elections on 9 April.  According to an AFP article, Indonesia has about 170 million voters eligible and over 38 parties to choose from. What has all of this got to do with sex work? Approximately 50 sex workers were trained by election officials to do voter education with other sex workers and clients. This was in an attempt to engage hard to reach groups in the election process. Interestingly no mention was made of sex workers’ rights or the various political parties’ position on sex work.

In Kolkata, India sex workers attempted to respond to the elections holistically. They lobbied for sex workers to be involved in the election process and they used the opportunity to highlight sex worker demands to political parties and society at large. Durbar Mahila Samanya Committee (DMSC), boasting a membership of 65000 sex workers, approached the chief electoral officer to create the space for sex worker involvement.  Six sex workers in this region will be working at polling booths during the elections. The DMSC heralds this as a step in the right direction in recognising sex workers as equal citizens. In addition the DSMC have been demanding, from political parties, that sex work be seen as work. Sex workers have placed a charter of demands before each political party in the region.

Meanwhile in South Africa earlier this year 153 sex workers from 10 African countries converged at a sex worker conference held in Johannesburg. They released a statement demanding their governments honour the rights of sex workers.

When our governments are campaigning for our votes they say “vote for us and we will deliver “. We have voted but our governments have not delivered. We try to raise our voices about human rights violations that we face on a daily basis, no one listens.  Once we have voted they forget us. From our government we need law reform and the decriminalisation of sex work so that we have the spaces to access our rights. We demand rights and not rescue. 

In Cape Town, sex workers interrogated three of the main political parties on their position on decriminalising sex work. This took place at an event organised by the African Gender Institute of the University of Cape Town, The International Labour Research and Information Group (ILRIG) and the Gender Equity Unit of the University of the Western Cape. The focus of this event was to have an interactive discussion with different political parties on women’s rights, gender justice and their political manifestos. In preparing for this event sex workers met and agreed that they really would like political parties to be clear on their position on decriminalising sex work. Sex workers asked SWEAT to table their question at the event. The ANC representative stated that the ANC does not support sex work and seemed surprised by the audience’s negative response to her comments. The DA implied that they would support the criminalisation of the client. It was not clear if they would support the decriminalisation of the sex worker. The ID clearly stated that they support the decriminalisation of sex work.

 

(Photo Credit: EWN / Nardus Engelbrecht / SAPA)