What are the Politics of Sports Protests in Trump America?

The Global Justice Academy recently attended an event at the Academy of Sport with visiting professor, Professor Lucia Trimbur (City University of New York; John Jay College of Criminal Justice), on the politics of sports protests in Trump America. The event was part of a collaboration between the Edinburgh Social and Political Sports Research Forum, the Academy of Sport and Moray House School of Education and Sport. Our Communications Intern, Heather Milligan, reflects on the findings and implications of this event.

In her presentation, Professor Trimbur invited audiences to consider the commitment of athletes (and their fans) to political movements, particularly those resistant to the Trump administration and its policies. Trimbur examined sports players’ capacity to struggle against pervasive inequality by denying the status quo, and suggested that modern sporting environments can foster political debates and alliances that may otherwise be inconceivable – illustrating her case with three case studies of American sporting events from the past year. Of particular interest to the Global Justice Academy was the focus Trimbur’s examples had on tackling discrimination and racial violencegender justice and sexism.

Trimbur drew first on Colin Kaepernick’s repeated refusals to stand for the American national anthem before play, which Kaepernick himself explained as a protest against the oppression of ethnic minorities in the US and the country’s continued failure to address police brutality:

‘I am not going to stand up to show pride in a flag for a country that oppresses black people and people of colour […] To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder’. [NFL]

Rather than be complicit, Kaepernick instead acted to ally himself with, and provide a platform for, America’s oppressed – an act that inspired players of every level to join him in subsequent games across the country.

In being explicitly pro-American and pro-military, Kaepernick’s stance raised interesting questions about the place of patriotism in contemporary America. Rather than alienating or accusing proud Americans, Kaepernick encouraged them to question what the American flag truly represents: pointing to unification and equality at a time of wall-building isolationism. His protest was not an attack on America, but a plea to return to its core ideals; his drive towards dialogue as a means of improving the lived experience of Black Americans also served to posit inequality as the responsibility of all Americans.

Trimbur’s next case study was the USA Women’s Hockey team, who in March 2017 announced they would boycott the world championship, demanding equitable pay and better training conditions and support by the league. The team’s demands for women’s sport to be treated as seriously and professionally as men’s received massive media attention and support, until the pressure placed on USA Hockey was so great that the team were able to secure a four-year wage agreement, including the formation of a women’s high performance advisory team, as well as marketing and publicity. These clauses crucially aimed to protect and enable the future of girl’s and women’s hockey programming and funding, seeking a legacy far greater than one team’s pay rise.

In a similar vein, Tom Brady and numerous other players for the New England Patriots football team, having won the 2017 Super Bowl, announced that they would not make the customary travel arrangements to meet with the President, in protest of Trump’s gender politics and treatment of women. The Patriots’ demonstration reinforced the idea that challenging gender inequality is not just the responsibility of women activists, but of men too, and urged fellow players to actively use their platform and privilege to encourage change. The players aimed to provide alternative images of masculinity – ones that challenged, rather than enabled sexism and sexual assault – to combat the patriarchal domination of sports spaces, and players and fans alike encouraged traditionally misogynistic spaces like locker rooms to be rethought of as open public spaces for debate and discussion, in which all speakers can be held accountable. Once again, the protesters appealed to American family values and the importance of crafting a more equal world for future generations. In refusing to be associated with Trump and right-wing politics, the Patriots aimed to change the dominant narrative of misogyny, racism, lying and assault to one of inclusion, kindness and equality.

In light of this encouraging perspective on sports protests as presenting possibilities for progressive futures, the Global Justice Academy looks to the future of interdisciplinary collaborations that reach beyond the political sphere alone. It is the sporting element of these protests that made them so contentious, with many commenting on the potential inappropriateness of politicising sport – however, sport’s central place in American society makes it a crucial platform for dialogue. Provoked by such protests, discussions taking place in and around sporting environments were forced to confront the reality of institutional racism and gender inequality in the US. These protests utilised sports grounds to encourage communication and cooperation across race, class and gender divides.

A video podcast of Professor Trimbur’s talk has been provided by the Academy of Sport and is available at the following link: http://www.ed.ac.uk/education/institutes/spehs/academy-of-sport/dialogue/edinburgh-toronto-public-talks/what-are-the-politics-of-sports-protests-in-trump

Sexual Intimacy, Gender Identity & Fraud: A Conversation

This blog post was written by Heather Milligan, Communications Intern for the Global Justice Academy. The blog reports on a recent seminar event hosted by the Centre for Law and Society at The University of Edinburgh and led by Professor Alex Sharpe of Keele University on sexual intimacy, gender identity and fraud. 

The Centre for Law and Society at the University of Edinburgh recently hosted a presentation and seminar discussion on sexual intimacy, gender identity and fraud. Participants from a range of interdisciplinary backgrounds compared legal, cultural and ethical standpoints to debate convictions of gender identity fraud: either as demonstrating respect for the sexual autonomy of female complainants, or as a concerning example of criminal law overreach. The discussion was framed and contextualised by a series of sexual offence prosecutions brought against young gender non-conforming people (designated female at birth) in recent years in the United Kingdom on the basis of gender identity fraud, all of whom were convicted and placed on the Sex Offenders Register. Professor Alex Sharpe (Keele University) introduced the topic with a brief film clip from the 1992 film ‘The Crying Game’ in order to illustrate the type of intimate encounter between cisgender and transgender individuals that has led to such convictions. The film also served to demonstrate the complainants’ typical responses to cis-trans intimacy, in which the defendant’s gender history is (apparently) not disclosed and this non-disclosure is later perceived as deceptive and harmful.

Professor Sharpe put forward a persuasive argument for bringing an end to the criminalisation and prosecution of these cases, advocating greater individual responsibility for sexual intimacy while remaining sensitive to the difficulties involved in questioning the statements of rape complainants. Her initial presentation was structured around three key philosophical and criminal law concepts: consent, harm and deception. Firstly, the point was made that claims of non-consent in the discussed cases relied heavily on a ‘right to know’ ideology, in which complainants foregrounded an entitlement to the defendants’ gender history, simultaneously dismissing and overruling the defendants’ rights to privacy and dignity. The seminar group discussed the idea that this apparent right to know is often conflated with a desire to define transmen as women against their will: an act of degradation. The discussion prompted resonant legal and ethical questions: should there be an obligation to disclose information prior to intimacy, or should our ethical response be to scrutinise the cisgender demand to know? With implications for sexual offences more broadly, for consent to be informed, how transparent must sexual partners be, and at what cost?

Other examples of desire-led intimacy were put forward to suggest that individuals may wish to know many facts about their sexual partners – for example age, income, drug use, criminal conviction – yet the omission of this information would never lead to prosecution. The specific targeting of gender history is an issue of inconsistency further indicative of the discriminatory effects of civil society and criminal law. These cases seemed motivated by the underlying transphobic (and homophobic) assumptions that no cisgender person would, with full disclosure of their gender history, willingly have intimate relations with a transgender person. This led to interesting audience reflection that complainants often only come forward when encouraged to do so by family or community members, and that the pressure of homophobic society, the fear of being identified as a lesbian by others and internal crises of identity and sexuality, may have motivated the complaints. The societal presumption that any non-cis non-heterosexual intimacy is inherently harmful was identified as an aggressive amplifier in these cases.

 
Finally, a distinction between acts of omission and acts of deception was drawn. It was argued that in cases of gender history and identity disclosure, most often these were instances of ‘not saying’ rather than active or intentional deception, and that these entailed a variety of valid justifications – not least the physical and psychological risk involved in acts of disclosure. Professor Sharpe invited the audience to understand these cases as a balancing of potential harms, weighing the complainants’ feelings of betrayal and distress (potentially a response conditioned by transphobic and homophobic anxieties) against the defenders’ risk of degradation and abuse. Opening up questions and discussion to the audience encouraged a lively discussion on related issues such as the ethics of sexual preference and the reproduction of power dynamics; the (positive) ambiguity of desire; what acts can really be said to constitute disclosure; and, ultimately, whether pleasurable acts retrospectively re-imagined can truly be labelled as harmful.

This event was presented by Law Reform and Social Justice, and The Centre for Law, Arts and Humanities and the Gender Institute.

Unrecognized in the Shadows – the Plight of the Stateless

This blog post was written by Lee Caspi and Federica Sola, masters students of the LL.M in Human Rights at the University of Edinburgh. The blog reports on the panel eventUnrecognized in the Shadows: The Plight of the Stateless” on the topic of statelessness, hosted recently in Edinburgh, that received funding from the Global Justice and Global Development academies’ joint Innovative Initiative Fund.

On the 4th of April 2017 students, academics and professionals came together to discuss the issue of statelessness, a topic that does not receive much attention in academia or in public debate. The speakers aimed to raise awareness of the challenges encountered by stateless people. The event started with four short lectures on the topic, orchestrated by Professor Jo Shaw (University of Edinburgh).

The first speaker was Mr. Omar Alansari (Queens University, Belfast). Omar gave a very comprehensive overview of statelessness in international law, discussing the difficulties in achieving an accurate number of stateless people worldwide due to the fact that they are, by definition, not registered. He then discussed the causes of statelessness, such as discrimination; religion; gender; arbitrary denial of nationality based on political views; and gaps in nationality laws and geopolitical changes (as happened with the breakup of the former Soviet Union). He then focused on the two international conventions dealing with statelessness, underlining that both are not widely ratified. Next, he described the UNHCR mandate as relates to stateless people, which focuses on encouraging states to ratify the two conventions, and a campaign to end statelessness by 2024. Omar concluded his talk by describing the situation in Saudi Arabia, where there is an estimated total of over half a million stateless people.

Following this excellent outline of the legal framework on statelessness, Deirdre Brennen from the Institute of Statelessness and Inclusion spoke about “Gender Discrimination and Statelessness”. There are 28 countries where women are discriminated against in their ability to confer their nationality to their children, and over 50 where they are discriminated against in their ability to change and confer their nationality through marriage. Following this introduction, Deirdre screened testimonies by a woman named Deepdi, with whom she worked in Nepal, Deepdi’s husband and two daughters. They told their personal stories, describing the everyday difficulties arising from the lack of nationality such as the inability to have their own bank accounts, open a business and access certain educational institutions. Deepdi’s two daughters also spoke about their experiences of feeling different to their friends due to their limited opportunities in some areas. In conclusion, Deirdre spoke about the mainstream aspects of feminism nowadays, but said that a fight for women’s nationality is missing from this global movement, and there is a need to raise more awareness of it.

Next came a presentation by Nina Murray from the European Network on Statelessness (ENS), who spoke about the arbitrary detention of stateless people. The ENS initiated a project around Europe to try to understand the scope of the problem of detention of stateless people, which was derived from 6 country reports from around Europe. The project focuses on removal procedures, the point at which stateless people are most at risk of detention. Despite the fact that detention of migrants is becoming more common, there is very poor data regarding detention of the stateless since it is not always recorded, making it more difficult to protect them. Nina then discussed two countries, Poland and the UK, where there is a route for stateless people to become recognized, but both present often insurmountable obstacles on the path to recognition. For example, in the UK, those who have a criminal record cannot be recognized as stateless. This creates what Nina describes as a cycle of detention-release-detention, making it near impossible for people ever to start a normal life. The presentation concluded with recommendations for the way forward, such as finding alternatives to detention and developing a better procedure for identifying the stateless.

Finally, Cynthia Orchard from AsylumAid spoke about Statelessness in the UK. Being stateless in the UK makes it very difficult to work, access higher education, creates a higher risk of detention, and many other problems as access to housing. A procedure for recognizing stateless people was successfully introduced by the UK government in 2013. To apply to stay in the UK, a stateless person must fill out a 38-page application in English and provide many documents that are impossible to access if you are stateless. The Home Office expects stateless people to contact the embassy of a country to which they have some connection in order to obtain proof that they are stateless. AsylumAid often accompanies them in this process in order to act as witnesses, because the testimonies of the applicants are frequently deemed not credible. If the application is successful, the applicant is granted leave to remain in the UK for 2.5 years, which can then be extended. If leave is refused, the applicant can make a new asylum/statelessness application, or request judicial or administrative review. Cynthia discussed her concerns regarding the process of recognizing stateless people in the UK, which is extremely slow, provides no legal aid (in England and Wales), and has a very low rate of granting stateless status (around 5%).

Following this excellent series of lectures, three students discussed issues of statelessness from their home contexts. The first speaker was Josef Budde who moved to Guam in 2010. Josef discussed Guam’s history and its current status as a US naval base, where the local community has limited statehood. They are, on the one hand, US citizens, but on the other cannot vote for the presidency and have no representation in the Senate. Next, Aija Butane described the situation in Latvia. When Latvia achieved independence, it established in its nationality laws that those who were citizens of Latvia before the Second World War and their descendants would be recognized as Latvian, and those who moved during the Communist era would not. This has rendered many ethnic Russians in Latvia stateless. Aija discussed the very high requirements of the naturalization process for ethnic Russians to become Latvian due, among other things, to the high language requirements. However, the situation is slowly improving and now affects mostly those of the older generation. Finally, Dania Abul Haj described the complex nationality situation in Palestine. She described her personal experiences as a Palestinian from East Jerusalem travelling with an Israeli travel document despite not having Israeli nationality, while having a Jordanian nationality which is cumbersome and impractical to use. She described her experiences when registering her nationality with the University of Edinburgh and the bureaucratic system’s lack of understanding of the situation she must deal with every day.

The event concluded with a short Q&A session, where students brought up issues such as climate refugees, the nationality of children born in the Islamic State, and the ratification rates of the two statelessness conventions.

 

This workshop was made possible through the generous support of the Global Development Academy and the Global Justice Academy. We would like to give a special thanks to Dr Kasey McCall-Smith for her support; to Professor Jo Shaw for chairing the conference and to all the guests who travelled from all over the UK to speak at the event.

Cinema and Social Justice in Zimbabwe: An Evening with Agnieszka Piotrowska

Brooks Marmon is a PhD student in the Centre of African Studies at The University of Edinburgh.  His thesis examines Zimbabwean responses to the broader process of decolonization in Africa. In this blog post, he writes about an illuminating evening in Edinburgh with Agnieszka Piotrowska on cinema and social justice in Zimbabwe.

With support from the Global Justice and Global Development academies’ Innovative Initiative Fund, the University of Edinburgh hosted Dr. Agnieszka Piotrowska (University of Bedfordshire) in March 2017 for a screening of her film Lovers in Time: Or How We Didn’t Get Arrested in Harare and presentation of a paper on post-colonial trauma.  The event explored the theme of ‘Cinema and Social Justice in Zimbabwe’ and was moderated by Dr. Francisca Mutapi from the School of Biological Sciences.

For the better part of the past decade, Piotrowska has been engaged with cinematic and theatrical initiatives in Zimbabwe.  Expanding on her initial training activities undertaken in Zimbabwe with the support of the British Council, Piotrowska has now made several feature-length and short films in the country and recently published Black and White: Cinema, Politics and the Arts in Zimbabwe.

Piotrowska has been particularly engaged with the Harare International Festival of the Arts (HIFA).  This annual festival in the Zimbabwean capital was the subject of one of Piotrowska’s earliest works on Zimbabwe, The Engagement Party in Harare.  A subsequent edition of the Festival formed the backdrop to the film for which we gathered at Thomson’s Land.

Lovers in Time traces the controversy surrounding a play of the same name.  Written by a Zimbabwean, Blessing Hungwe, Piotrowska was selected to direct the performance at the 2014 edition of HIFA.  The play provocatively traces Nehanda and Kaguvi, revered Zimbabwean spirit mediums who played prominent roles resisting the intrusion of white colonists in the late 19th century.  State media criticized the play for reincarnating the characters with a different gender, calling it “a distortion of history” and Piotrowska was requested to make (slight) alterations to the script, which she refused.  The documentary follows the impact of the tension induced by this critical attention on the cast and crew.

Piotrowska spoke frankly on the challenges she faced in directing the play both in the film and during her remarks. Toward the end of the film, following a scene in which the play has been disrupted by a protester, she queries in a voice-over, “I’m left confused and battered, not sure at all anymore.  Did we change anything?  Did we open a space for dialogue about history and race?”  She does not directly answer the question in the film, however during the Q&A, she noted that if she could do it all over again in that moment, she would.

Ultimately, as the title foreshadows, no one gets arrested. Piotrowska continues to work in Zimbabwe.  She has overseen the production of several shorts on the tumultuous relationship between the German academic Flora Veit-Wild and the celebrated Zimbabwean writer, Dambudzo Marechera.  Her latest feature-length piece, a film noir entitled Escape with Joe Ngagu (with whom she also collaborated on Lovers in Time) will soon premier in the UK.

Piotrowska, whose work draws heavily on psychoanalysis, has described herself as a ‘trickster’, subverting dominant structures in a humorous manner.  In light of her continued (and prolific) work in and on Zimbabwe, it seems that the post-colonial trauma she endured in staging Lovers in Time has not dented her ambition to provocatively interrogate the lingering impact of foreign rule on Africa.

 

Postgraduate Gender Research Network of Scotland Launches

setting-up-tweetThe Global Justice Academy is delighted to support the launch on the Postgraduate Gender Research Network of Scotland (PGRNS). This guest post by co-organiser, Rhian Sutton, reflects on the launch event which took place in October, and plans for the Network over the coming months – including how you can get involved. Rhian is reading for a PhD in History at the University of Edinburgh.

The Postgraduate Gender Research Network of Scotland (PGRNS) was formed in August, 2016. PGRNS aims to provide a platform on which postgraduates engaged in researching gender across Scotland can share their work, advertise events, workshops, and conferences, as well as learn about calls for papers and funding opportunities. Our goal is to facilitate discussion among researchers with common interests across both universities and disciplines in order to allow students to engage with people and ideas that they would not usually encounter through the course of their study.  Ultimately, the network hopes to assist postgraduate students in enriching their research through the discovery of, and engagement with, new perspectives of gender research.

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Human Rights and Making Change: Looking Backwards and Moving Forwards from the Northern Ireland High Court Decision on Abortion

This post first appeared on the Centre for Criminal Justice and Human Rights blog from the Faculty of Law at University College Cork.

Dr Catherine O’Rourke is Senior Lecturer in Human Rights and International Law at Ulster University Transitional Justice Institute. She is currently also co-coordinator of the Gender Stream of the DFID-funded Political Settlements Research Programme, where she is investigating how international law norms for gender equality influence domestic power-brokering.

In the aftermath of last week’s High Court judgment declaring Northern Ireland’s prohibition of abortion to be incompatible with UK human rights legislation in specific instances, there has been much valuable consideration of the judgment’s legal and political implications, for this jurisdiction and others.  In this contribution, I reflect on what the litigation and judgment say about human rights advocacy in Northern Ireland.

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Northern Irish Abortion Law Incompatible with the European Convention on Human Rights

This post first appeared on the European Futures Blog.

In this extended article, Jane Rooney analyses the recent Northern Ireland High Court decision that current abortion law is not compatible with the European Convention on Human Rights. She suggests that the judgement could have gone further in testing the compatibility of the legislation with the ECHR, and that possible appeals are unlikely to take the politics of Northern Ireland as closely into account.

On 30 November 2015 in the case of The Northern Ireland Human Rights Commission’s Application [2015] NIQB 96, the High Court of Northern Ireland found that Northern Irish law regulating abortion was incompatible with Article 8 (right to private life) of the European Convention on Human Rights (ECHR). This was an historical judgement made possible through the conjoined efforts of many, including women directly affected by the legislation, the Northern Ireland Human Rights Commission and Amnesty International.

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Serving women in Iraq and Syria: has UNSCR 1325 made a difference?

Rosie Ireland is a student on this year’s LLM in Human Rights at The University of Edinburgh. This is Rosie’s second report as a Global Justice Academy Student Ambassador – from the 2015 Montague Burton Lecture, which was delivered by Frances Guy on 2 November. Frances Guy is the Head of the Middle East region at Christian Aid. Rosie’s report outlines the key points made during the lecture, which was entitled ‘Serving women in Iraq and Syria: has UNSCR 1325 made a difference?’.

It is nearly the fifteenth anniversary of the UNSCR 1325; the first ever resolution aimed to enhance the role of women in peace building. Frances Guy analysed the effectiveness of the resolution in the context of Iraq and Syria in relation to four key areas: participation, protection, prevention, and relief and recovery.

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Pregnancy, Choice, and the Lessons of the Past

Mikki headshotDr Michelle Brock is an Assistant Professor of History at Washington and Lee University, specialising in British History. In this second guest post for the Global Justice Academy, Mikki tackles the current controversy in the US around abortion and the politicisation and policing of women’s bodies – drawing striking parallels with early modern Europe. 

In the United States, the last decade has witnessed a growing cacophony of calls from pro-life advocates seeking to overturn Roe v. Wade, the Supreme Court’s 1973 decision to legalise a woman’s right to an abortion. Every single current Republican candidate for president, fourteen men and one woman, has declared his or her opposition to abortion in most or all cases.

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