UDHR@75: Right to a Nationality.

 

Photo credit: Priscilla Du Preez

 

This blog forms part of a series celebrating the 75th anniversary of the Universal Declaration of Human Rights (UDHR). Recognising the numerous conflicts and the daily breaches of human rights taking place across the globe, this series aims to highlight both the challenges and the opportunities to respect, protect and fulfil the human rights elaborated in the UDHR.

 

 

 

Right to a Nationality

Article 15 UDHR

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

 

Not long after the UDHR’s adoption, Hannah Arendt penned an essay titled “The Rights of Man: What Are They?” Later included in Arendt’s famous The Origins of Totalitarianism, the essay highlights a contradiction underpinning the UDHR. On the one hand, the document requires states to protect “universal” rights for all individuals. Yet on the other hand, international law is grounded in the principle of state sovereignty; states bear the sovereign right to determine who can enter and remain within their territory, who is eligible for citizenship, and who can access state-provided services. Thus, while all individuals theoretically have human rights, the state is a gatekeeper to the enjoyment of these human rights. To Arendt, this paradox could only be addressed through the recognition of a universal “right to have rights” as a precondition to the enjoyment of the rights enumerated in the UDHR.

Sign that reads 'every human has rights'.

Photo credit: Markus Spiske on Unsplash

No such right has gained recognition in international law, but traces of it might be found in Article 15 of the UDHR, which protects the right to a nationality, to change one’s nationality, and not to be arbitrarily deprived of one’s nationality. As the OHCHR has recognised, violations of the right to a nationality are conducive to violations of a broad range of other rights, including the rights to health, food, shelter, clothing, education, employment, and freedom of movement.

For many of us, our enjoyment of the right to a nationality is something we can take for granted. Yet the past few years have highlighted the fact that millions’ lives are punctuated by the fear of losing nationality or the uncertainty of statelessness. In India, the implementation of the National Register of Citizens for Assam saw up to 4 million Assamese residents rendered stateless. The Register predominantly affected minority groups residing in Assam, such as Bangladeshi migrants, who could not prove paperwork proving their ties to India. The recent violence in Gaza has, yet again, reminded the world that millions of Palestinians, across multiple generations, have lived their lives as stateless persons. And many countries around the world maintain, at the behest of the UN Security Council, laws that allow for the deprivation of citizenship of persons suspected of involvement in terrorist activity.

Most striking about these examples is the role of international and domestic law in legitimising deprivations of the human right to nationality. Such deprivations are neither accidental nor coincidental; rather, they are brought about through the implementation of sweeping domestic legislation, of exceptionalist international security laws, and through the imposition of unjust legal geographies. Thus, to strengthen the UDHR, we must first acknowledge, and address, the ways in which law itself is unleashed upon human rights.

 

As part of the GJA UDHR@75 celebration, we invited present and past students to contribute their personal reflections on the relevance of the UDHR today. This blog is by Dr Vivek Bhatt, an Interdisciplinary Fellow in Human Rights at the University of Aberdeen Law School and a Fellow at the Netherlands Institute of Human Rights (SIM), Utrecht University Law School. Dr Bhatt graduated from the UoE PhD Law programme in 2020.

A Cosmopolitan Approach to the Chilean Constitution-Making Process

Constanza Nuñez

 

This post is by Constanza Nuñez, a Ph.D. candidate at University Carlos III of Madrid (Spain). LL.MM in Advanced Human Rights Studies (University Carlos III Madrid). Researcher at Human Rights Center (University of Chile). You can follow Constanza on Twitter @cnunezd.

 

History in the making

On October 25th 2020, in a historical referendum, the Chilean people decided by an overwhelming majority to vote in favour of a new constitution that will replace the Pinochet’s constitutional legacy. Chileans also voted that a wholly elected constitutional convention should enact the new constitution. The Constitutional Convention that will draft the new constitution will have gender parity composition and have reserved seats for indigenous peoples. Both of these positive measures contribute to Chile taking a more cosmopolitan approach to constitution-making.

Protestor holding a sign that reads 'nueva constitutión ahora!!!'

photo by www.jpereira.net

The referendum was the result of a long process of social mobilization and protests. One of the meaningful slogans of the social movement was ‘until dignity becomes custom’. Although dignity is an abstract concept (with multiple debates around its meaning), its linkage with fundamental rights is clear. Dignity is at the basis of human rights and constitutes an essential pillar of democratic political organization. The Chilean social movement demanded the guarantee of dignity should be the foundation of their political architecture and that it link to the development of a social and political system that respects, protects, and fulfils fundamental rights. This aims to counter a shared diagnostic of the government’s treatment of its citizens that is characterized by ‘abuse’, ‘inequality’ and ‘humiliation’. Also, it puts the existence of power imbalances that endorse unjustified relationships of domination at the centre of the problem. The abstract recognition of dignity in a Constitution, however, is not enough. It is necessary to build a social, legal, and political system that puts human rights and their guarantee (a concrete manifestation of dignity) at the centre of the creation of a new social contract between the citizens of Chile.

Global principles in constitution-making

Dignity is a concept that allows us to connect the Chilean context with the transnational social movements that, in recent years, have grown in the transnational public sphere. The idea that we share a common social, economic, and political system that is based on unjustified relationships of domination is a cross-cutting argument in the movements around the globe. The global character of our shared problems is clear in the existence of a common oppression system that endorses domination under mechanisms that combine economic domination (neoliberal globalization), gender domination (patriarchy), race domination (neocolonialism) and ecological domination (the exploitation of natural resources). In this context, transnational social movements are united by a universalistic cry for dignity and by a demand for the end of domination. There is an emerging global conscience of shared vulnerability that connects the fight of the Chilean people with the struggle for rights around the globe. Their fights are the fights of us all.

Protestors waving the Chilean flag and holding signs that read 'nueva constitutión ahora!!!'

photo by www.jpereira.net

The Chilean constitution-making process is also a matter of global interest because it has developed in a context that is particular to global constitutionalism. There are multiple threats emerging to rule of law, human rights, and democracy under the pressure of populism and authoritarian constitutionalism. Chilean constitutionalism can provide new perspectives to those questions that have not yet been answered in comparative constitutionalism studies. A preliminary contribution has been made through the constitutional convention with gender parity, which is the first experience of such a kind inglobal constitutionalism. One of the unique elements of this constitution-making process is its historical background, which demands answers to global challenges that other constitution-making processes have not faced. As humankind, we must confront global warming and the question about the existence of the human rights of future generations. Furthermore, there are other debates that modern constitutionalism has not provided full answers to yet, for example, how to address transnational migration or recognise the contributions of global feminism. The Chilean constitution must face those challenges and at the same time address its internal struggles for rights and democracy. In this context there emerges a question about how to respond to these challenges, from the local to the global?

This question highlights that the Chilean debate is a unique opportunity to restate the centrality of the ‘trinity of global constitutionalism’ (democracy, rule of law and rights) in a context of a crisis of those values, and it will allow constitutionalism an opportunity to provide an interpretation of those values from a global interdependence perspective giving new constitutional answers to contemporary challenges.

These elements – an emerging global consciousness about common oppression and global challenges to constitutionalism – situate the Chilean constitution-making process in a cosmopolitan context; this is a process that concerns all of humanity. Their debates are also our debates and their answers will impact our answers. The diagnostic about a context of interdependence and a common vulnerability is a challenge for the Chilean constitutional convention and for the international community. It is necessary to promote discourses where we persuade States and the international community to find solutions that are outside of the black-box model of modern constitutionalism, demanding a dialogue between the local and the global, providing a transformative view to overcome the global structure of injustice. These challenges highlight that the legitimacy of the new Chilean Constitution will be important not only within the deliberative conditions of the local debate, but also within global forums concerned with ‘how the national constitution is integrated into and relates to the wider legal and political world’, as suggested by Kumm. In this context, the Chilean constitution-making process must assume a ‘relational sovereignty’ perspective.

Hope in the Chilean process

The Chilean constitution-making process must be approached with hope but not naivety. The neoliberal legacy of Pinochet’s constitution will not end immediately with a new democratic constitution in the context of global interdependence. Nonetheless, there is an open road that global constitutionalism must be aware of and that must be followed with interest. Confronting new sovereignist nostalgics, this is an opportunity to think in terms of possibility, to imagine new institutional Cosmopolitan alternatives for Chile and for the world, and that is a hopeful perspective.

 

The Spanish version of this blog can be found at https://mundosur.org/una-mirada-cosmopolita-para-el-proceso-constituyente-chileno/.

Philippe Sands on the Making of Modern Human Rights

Guncha Sharma is a candidate for the Global Justice Academy’s LLM in Human Rights, and a GJA Student Ambassador for 2018-19. From India, she is also one of three recipientsof the GJA’s LLM Human Rights scholarship awards for this year, and has a keen interest in gender issues, the rights of children and other vulnerable groups, and public health. In this post, Guncha reflects on the recent Ruth Adler Memorial Lecture, which was delivered by Philippe Sands QC, with a response from Scotland’s Lord Advocate James Wolffe QC.

On October 24 2018, Philippe Sands delivered the Ruth Adler Memorial Lecture with a talk based on his bestselling book East-West Street and the Making of Modern Human Rights. Phillippe Sands is one of the most successful British lawyers working in the field of International Law. He has argued many high-profile cases before International courts and tribunals, and currently directs the Project on International Courts and Tribunals from his position as Professor of Laws at UCL.

» Read more

Challenges of the New Urban Agenda

This guest post is by Pedro Cisterna Gaete, who is reading for an LLM in Global Environment and Climate Change Law at Edinburgh Law School. Pedro is a qualified lawyer from Chile, and former Deputy National Social Director of TECHO, Chile. In this post, he explores the ideas around the Right to the City, and current challenges facing the world’s urban spaces and their populations.

Almost two years ago, the last UN Conference on Human Settlements was celebrated in Quito, Ecuador. At this international meeting, representatives of the majority of governments and also several non-governmental organisations discussed what the essential international urban challenges for the next 20 years would be, and raised a vigorous agenda relating to our cities. This post addresses three main aspects of this  meeting:

  • the official inclusion of the right to the city;
  • the existing and growing housing challenge; and
  • the crucial implementation of this agenda.

» Read more

The Use of Sport Initiatives to Promote Human Rights in Palestine

This post, by Asil Said, first appeared on the University of Edinburgh’s Academy of Sport blog, Sport Matters. Academy of Sport Director, Professor Grant Jarvie, is a member of the Global Justice Academy Management Group.

Books and Boxers and the Right to Movement are but two interventions aiming to make a difference to the lives of youth in Palestine. This Academy of Sport-Sport Matters blog provides an evidenced insight into the struggle for sport as a human right within Palestine. 

Sport, Palestine and the International Community

Sport and physical activity has international recognition as a simple, low cost and effective tool for development, and a means of achieving national and international development goals. The United Nations Agenda 2030 has provided sport with a mandate to contribute to social change.

» Read more

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

Thomas Hobbes: a philosopher of peace?

The Edinburgh Institute for Advanced Studies in the Humanities (IASH) recently hosted a workshop on “Thomas Hobbes and Peace”. The event brought together political theorists, intellectual historians, and specialists in international relations theory, and received funding from the Global Justice and Global Development Academies’ joint Innovative Initiative Fund. Dr Maximilian Jaede, a postdoctoral fellow at IASH, summarises the papers and key themes discussed at the workshop.

The event was aimed at reconsidering Hobbes’s conception of peace, its place in the history of political thought, and its reception today. Speakers approached this theme from a variety of perspectives. While all participants highlighted Hobbes’s commitment to peace, there was debate on what precisely Hobbes means by being at peace, and on the interpretation of his ideas in relation to other conceptions of peace.

Prof. Glen Newey (Leiden) highlighted the puzzle of why elements of war seemingly persist within the Hobbesian civil state. In particular, the paper examined Hobbes’s distinction between citizens, who are at peace, and slaves, who remain in a state of war towards their master. This suggests a juridical distinction between the states of war and peace. However, the distinction between war and peace may be less clear-cut. Newey emphasised the resistance rights of citizens and the possibility that a Hobbesian state might enslave its own people. In the discussion of this paper, participants expressed different views on the question of whether, and in what way, Hobbes envisions the sovereign and citizens to be at peace with one another.

Prof. Deborah Baumgold (Oregon) offered an interpretation of Hobbes as a political philosopher of peace inspired by Hugo Grotius’ The Rights of War and Peace. She presented new historical evidence for Hobbes’s likely personal acquaintance with Grotius, and highlighted the similarities of both thinkers’ political projects. Like Grotius, Hobbes’s aim was to create peace, which Baumgold described as the supreme good (summum bonum) of society. The discussion of this paper raised the questions of whether there is a difference between pursuing peace and merely avoiding war, and what it ultimately means to be a philosopher of peace.

Prof. Patricia Springborg (Humboldt, Berlin) challenged the view that Hobbes was a predecessor of realist theories of international relations. Her paper contrasted realist approaches to war with Hobbes’s political theory of peace. Specifically, Springborg discussed Hobbes’s opposition to colonial adventurism and emphasised his insistence on the need to maintain a well-balanced political economy. Commentators questioned whether Hobbes’s political theory contains a norm of non-interference in other states’ affairs. Another theme of the discussion was the possible anachronism of viewing Hobbes as advocate or critic of empire in the modern sense.

Dr Gabriella Slomp’s (St. Andrews) talk focused on the connections between peace and friendship in Hobbes’s political thought. Hobbes is sometimes blamed for the decline of friendship as an ethical or political ideal in the modern period. Yet, Slomp rejected the view that Hobbesian friendship is necessarily confined to the private sphere. Hobbes was highly conscious of possible political implications of friendship, which he considered to be a source of corruption and a threat to civil peace. The presentation concluded that Hobbes advocated an attitude of universal friendliness, as opposed to bonds of friendship between citizens, as a condition of peaceful coexistence.

Luca Tenneriello (Sapienza Rome) addressed the question to what extent Hobbes considers religious conscience a challenge to civil peace. The paper outlined different meanings of ‘conscience’ in Hobbes’s works, and examined his reasons for considering appeals to religious conscience politically dangerous. In Tenneriello’s view, Hobbes insisted on public education as a means to counter this threat. The subsequent discussion focused on differences between Hobbes’s views and liberal accounts of liberty of conscience. It was also noted that Hobbes does not seem to acknowledge any positive role of private conscience in regards to making peace or refusing war.

Dr Max Jaede (Edinburgh) presented parts of a book that examines Hobbes’s conception of peace in light of debates about liberal world order, international intervention, and peacebuilding in war-torn societies. He rejected the view that Hobbes advocates a negative peace that is based on mere coercion. Rather, Hobbes aims for a positive peace that is realised in accordance with certain principles of justice. Jaede also argued that the internal pacification of Hobbesian states leads to more peaceful international relations. Commentators raised questions such as in what way Hobbes may be said to anticipate liberal conceptions of peace, and how Jaede’s interpretation can account for authoritarian elements in Hobbes’s political thought.

 

More about the author:

Dr Maximilian Jaede is a postdoctoral fellow at the Institute for Advanced Studies in the Humanities at the University of Edinburgh. He holds a PhD in International Relations from the University of St Andrews and has taught political theory at the University of Stirling. He has published articles on Hobbes’s political thought in History of European Ideas, Hobbes Studies and the Critical Review of International Social and Political Philosophy.

Towards a radical digital citizenship in digital education

Dr Callum McGregor (Lecturer in Education, University of Edinburgh) reports and reflects on a recent Edinburgh lecture on digital citizenship and digital education, funded by the Global Justice Academy’s Innovative Initiative Fund

In collaboration with the Global Justice Academy, a number of people recently eschewed the rare evening sun in favour of assembling at Moray House School of Education for a public lecture entitled ‘Towards a radical digital citizenship in digital education.’ More noteworthy still, was the palpable enthusiasm in the room for striking up a sustained dialogue on social justice and digital education, across a range of standpoints and disciplines. This event, made possible with the support of the Global Justice Academy’s Innovative Initiative Fund[i], was organised by a small group of academics, tentatively titled the Forum for Digital Culture and Social Justice (DCSJ)[ii]. The DCSJ forum is at the initial stages of adumbrating a cross-disciplinary research agenda at the confluence of social justice, digital culture and education. The purpose of this event was to catalyse this process by creating space for an inclusive conversation about what digital citizenship is and what it might be, if re-framed as a political project for social justice.

The event was co-chaired by Dr Karen Gregory (Lecturer in Digital Sociology at the University of Edinburgh), and Dr Jen Ross (Senior Lecturer in Digital Education) who fielded questions and comments from participants using the hastag #deresearch, who were watching via the livestream (click here to watch the recording). Proceedings began with an input from members of the aforementioned DCSJ forum, Dr Akwugo Emejulu (Professor of Sociology, University of Warwick) and Dr Callum McGregor (Lecturer in Education, University of Edinburgh). They offered a polemical intervention that sought to disrupt the ways in which dominant cultural narratives construct digital citizenship, by explicating a concept of ‘radical digital citizenship’, and its implications for digital education. The arguments they advanced drew on a co-authored paper, published in Critical Studies in Education. Professor Emejulu and Dr McGregor argued that radical digital citizenship must push beyond ameliorative conceptions of digital citizenship, wherein the role of education is to bridge the ‘digital divide’ for the benefit of groups failing to be flexible enough to survive under the conditions of neoliberal techno-capitalism. They proposed that such an educational task involves two co-constitutive elements: (1) critical analysis of the political, economic and environmental consequences of digital technology in everyday life; (2) collective deliberation and action to build alternative and emancipatory techno-social practices.

This was followed by a response from Dr Emma Dowling[iii] (Senior Researcher, Senior Researcher at the Institute for Sociology at the University of Jena) and Dr Huw Davies[iv] (researcher at the Oxford Internet Institute and Convener of the BSA’s Digital Sociology study group). These inputs acted as stimuli to a lively and convivial discussion with attendees over tea and coffee. Below, respondents Emma and Huw share their reflections:

Emma Dowling

“The crucial question Akwugo Emejulu and Callum McGregor ask is what makes the digital possible, looking at the extraction of natural resources and gendered, racialised and classed human labour that the development of digital technologies is premised upon.  Their analysis makes three core proposals that could orient a radical digital education. First of all they caution against the instrumentalisation of digital education for neoliberal ends and urge for an understanding of what global social relations constitute the digital and condition the effects that digitalisation has. Moreover, their approach signals a commitment to social justice that insists on a critical pedagogy with the capacity not just for an analysis of the power relations behind digitalisation, but a commitment to transforming them. Transforming these power relations requires the identification of key sites of transformation. Undoubtedly these are conflictual terrains of struggle about how the materiality of the digital is spoken about and organised. Naming forms of exploitation is part of the struggle to transform them. A recent example is the way in which critical voices have refused to settle on the term ‘sharing economy’ that makes invisible the hyper-exploited forms of work undertaken by people providing services such as driving, delivering food or cleaning houses in platform capitalism. The more recent term ‘gig economy’, while in and of itself not changing those conditions, nonetheless gives a name to these activities as work and draws attention to the precarious ways in which this work is organised. Making sense of the affective structures of precariousness is another way in which agencies for transformation can be unearthed, because this allows for subjective everyday experiences to be deindividualised and related to the social structures that produce them. Critical pedagogies for digital education must do so much more than provide mere skills to process information and compete in an ever-more precarious labour market. Instead, radical digital citizens committed to social justice must be able to question and challenge the forms of exploitation, expropriation and oppression that are entangled in today’s algorithms.”

Huw Davies

“I found Emejulu & McGregor’s Towards a radical digital citizenship in digital education  (2016) inspiring. Their paper shows some of the most cited scholarship on digital skills and literacies is ‘sociology-lite’. This literature draws-up taxonomies and descriptions of normatively defined skills and literacies which once translated into curriculum plans become part of the problem of digital inequality rather than its solution. Emejulu & McGregor argue we shouldn’t disengage ‘the digital’ from the all the historic and continuing struggles for equality because, despite the utopian rhetoric, digital technology is quickly maturing into another exclusionary and privileging technology of power.

For example, every child from years 1 to 9 in England is to study Computer Science before being offered it as an option at GCSE. However, there is growing concern that the digital economy–far from being the meritocracy that is suggested in the discourse about the 4th industrial revolution–is becoming a ‘ruthless stratifier’ (Posner, 2017). This is because the dominant mode of production for the digital economy is ‘platform capitalism’ (Srnicek, 2016): a winner takes all system (Kenney and Zysman 2016) that allows the owners of platforms to operate exploitative employment practices that harness the affordances and fragilities of immaterial labour (Friedman 2014; Hill 2015; Leyshon et al. 2016), such as the ability to code. One of the myths of anti-immigration discourse is that if we close our borders natives will no longer have to compete with foreigners for jobs. But platform capitalism’s use of immaterial labour to create a transnational playing field (so that jobs with digital outputs such as software engineering can be put out to tender to an international workforce) means young people will be competing in global market place while having to pay for local living expenses. Therefore, to avoid their exploitation we can’t just rely on teaching young people to code (or skills and literacies) they need to be thinking about they can use these skills to challenge the architectures of digital economy’s dominant socio-technical structures (Davies & Eynon, forthcoming).

As a respondent, I took the opportunity to argue the most constructive contribution I can make is to help transform Digital Sociology into a respected mainstream subject that can influence the content of curriculums for all ages and levels. I described Digital Sociology as the most effective discipline for challenging platform capitalism. I argued that sociologists are able to draw on strong traditions to challenge the ideologies behind platform capitalism, but to understand code and digital infrastructures and their relationship to the political economy we have some way to go. Then (Digital) Sociology can offer a critique, which can become the foundation ethical alternatives to platform capitalism’s monopolies.”

[i] The public lecture was also funded with the support of the Institute for Education, Community and Society and the Centre for Research in Digital Education. Also, thanks to Dr Karen Gregory and Dr Jen Ross, who acted as chair and digital chair, respectively. Finally, particular thanks to learning technologist Barrie Barreto for livestreaming and recording the event.

[ii] If you are interested in participating in this group and helping it to develop, please contact Karen Gregory (karen.gregory@ed.ac.uk), Callum McGregor (callum.mcgregor@ed.ac.uk), or Jen Ross (jen.ross@ed.ac.uk).

[iii] Emma’s interests cover global social justice, feminist political economy and affective and emotional labour. She is the author of a forthcoming book on the Crisis of Care to be published by Verso Books.

[iv] Huw’s research combines social theory with mixed, digital and ethnographic, methods to help critically re-evaluate how we approach young people’s digital literacies.

 

Re-thinking ‘the commons’: examining dilemmas, exploring solutions

Dr. Leila Sinclair-Bright is a Career Development Fellow in Social Anthropology at the University of Edinburgh. In this article, she reflects on the notion of ‘the commons’ as recently debated in an interdisciplinary, open forum discussion event in Edinburgh.

 

Common Dilemmas

This open forum discussion was designed as a starting point for an interdisciplinary exchange of empirical and conceptual work exploring the theme of ‘the commons’ and collective ownership across different contexts. Excellent papers were presented by Dr. Tahl Kaminer (Edinburgh College of Art), Dr. Marisa Wilson (GeoSciences) and Dr. Kieran Oberman (Politics and International Relations) and followed by open discussion with the audience.

Dr. Kaminer’s presentation focused on the influence of the idea of ‘the commons’ in contemporary urban agriculture and regeneration movements. Kaminer opened by distinguishing the commons from the public space. Originating during the enlightenment, the notion of ‘public space’ has always been linked to civil society ideals. However, public spaces have long been as much about keeping particular elements of society out, as they have been about providing an arena for open movement and debate. In contrast, within contemporary urban agriculture and regeneration, ‘the commons’ has become a political movement that seeks to undermine and critique the control of urban space, as well as current economic and political conditions. Here then, the notion of ‘the commons’ is actually used to challenge the idea of a controlled public realm by various super-structures, from the state to corporations. As a movement, Kaminer suggests that ‘the commons’ provides an ideal but unachievable horizon that ‘rallies the troops’, but does not necessarily offer activists achievable, immediate objectives. Kaminer ended by pulling into question the efficacy of the commons movement, positing it more as a conceptual spring-board deployed by a variety of movements to gain traction and raise support for their campaigns, but often not leading to practical change.

Dr. Marisa Wilson’s paper examined local modes of governing food commons and how those interact with state and market models of the commons in Cuba. At what scale do we define food sovereignty? While sovereignty is usually defined at the national scale, how do localised models of food sovereignty fit into the national project? Since the late 19th century, food sovereignty has been promoted as a national ideal in Cuba, with individual profiteering denounced as against the national interest. From 1959, this became a top down institutionalised model of food ‘commoning’ that aimed to redistribute and provide basic food needs for Cuba’s population. With the collapse of the Soviet Union, the Cuban state was increasingly unable to adequately provide for its population’s food needs, and practices of local level food provisioning increased and/or became more visible. Local food industries were, however, still justified in terms of a local level fight for collective national food commons, and denunciations of private profit from food sales were equally prevalent at this scale. Simultaneously, powers in the agro-food industry were gradually devolved. More recently, the Cuban state has even begun, somewhat ambivalently, to support local level food networks, but maintains strict controls on their capital inputs. Local food providers thus rely on transnational remittances to supplement their capital input needs. Yet these local/transnational networks are still justified and framed into terms of contributing to the national food sovereignty cause. This fascinating case study revealed the multiple complexities at play around food commoning, and raised questions about the relationship between practices of ‘commoning’ and scale which also pertain to current discussions around food sovereignty in other contexts, such as Latin America and Scotland.

Dr. Kieran Oberman’s presentation, provocatively entitled: ‘Against the commons: an egalitarian argument for privatisation’, provided a schema of three different models of ownership: egalitarian collective ownership; common ownership; and equal ownership. In the egalitarian collective ownership model, a collective body owns the resource, say land, and everyone has an equal say on how it is used. In the common ownership model, everyone has use rights, but no one has individual ownership rights (so you could not sell the land, for example). In equal division, everyone has an equal share of the property, or the value of the property (for example basic income), and can choose what to do with their share. Collective and common ownership both curb individual freedoms. In the first, one can only act according to the agreements of the collective body; in the second, one only has use rights and individuals cannot enjoy the other rights that might come with ownership. Thus, Oberman suggests that equal ownership should be the starting place for those things which the majority believe should be commonly owned, such as the planet earth and its natural resources. Individuals can then choose to opt for a collective ownership model and pool their resources if they so choose. Oberman’s schema provided a useful starting point for assessing why and how different groups chose different models or combinations thereof, as well as highlighting a consideration of what rights are gained or lost in each case.

Re-thinking the Commons

The three presentations provided rich material for further discussion. We began by identifying the need to separate out what different kinds of rights inhere in particular claims of ownership (sale rights, use rights, etc…) rather than simply working with the oversimplified binary of individual ownership/privatisation/commodification: collective ownership/commons/non-commodified realm. Four themes for further enquiry also emerged: how the transition between different ownership models works; how governance affects the very framing of the ‘problem’ of the commons; what is a common/practices of commoning, and (how?) does transitioning between different ownership models actually change the ‘object’ in question. It is hoped that this event was the beginning of a set of interdisciplinary working relationships that may lead to further collaboration as a group or between individuals whose research interests intersect.

More about the author:

Dr. Leila Sinclair-Bright completed her doctorate entitled, ‘This Land: politics, authority and and morality after Zimbabwean land reform’ in 2017 (University of Edinburgh). Her research interests are in labour, property, conflict and politics. While her regional expertise lies in Southern Africa, she is in the early stages of developing her next research project on common property regimes in the UK.

 

The Asylum Monologues

This blog has been written by Dr Grit Wesser, a postdoctoral fellow in Social Anthropology at The University of Edinburgh. Here, she reports from a recent Asylum Monologues event in Edinburgh, which brought together performers, academics, students and the public to discuss this global human rights issue.

Immigration has perhaps always been – at least since the rise of nation-states – a contentious issue for policy makers, in public discourse, and around families’ kitchen tables. The so-called “European Refugee Crisis” has renewed a debate not on ‘whether’, but on ‘how much’ to control and limit immigration to Europe. In this process, the issue has been reduced to one of numbers.

But why do people cross borders and leave behind their home countries and loved ones? What does it mean to be an asylum seeker in Scotland? What new boundaries do migrants face, once they arrive in a country that is foreign to them – and treats them as foreigners? Could Scotland become their new home? These questions were being creatively examined through a performance of the Asylum Monologues, and in the panel discussion that followed.

Ice&Fire, a theatre company that explores human rights issues through performance, created the first script of the Asylum Monologues in 2006. Since then the company has recorded and performed various testimonies of asylum seekers, aimed at raising awareness of asylum seekers’ experiences by sharing their stories with the communities to which they now belong. The audience listened attentively to a Scottish script, launched only during Edinburgh’s Fringe Festival in 2016.

The three Ice&Fire performers took turns in telling the stories of a Kurdish unaccompanied minor, a young Pakistani man, and an Iranian woman and their experiences in Scotland. These narrations were candid and often bittersweet, taking the audience on the asylum seekers’ journeys, oscillating between the fear of state persecution and the sensations of loss, hope, and homesickness. The stories evoked the grief caused by broken families and the joys experienced through new-found friends as well as the frustrations and struggles associated with having to start from scratch and the potentials and expectations that new beginnings hold.

The performance was followed by a panel discussion, chaired by Jenny Munro from Beyond Borders Scotland. The panel comprised Professor Anthony Good, Social Anthropology; Phil Jones, manager of the Glasgow Night Shelter for Destitute Asylum Seekers; and Steven Ritchie, one of the three performers. The panellists were joined by two young men whose stories we had just heard: Tony and Aras.

Since Aras had listened to the script of his own story for the first time, he was eager to praise the performer: “It was great. You told it better than I could have!” Tony and Aras spoke to the audience about their new life in Scotland, while Phil explained how the Night Shelter’s work attempts to mitigate the difficulties faced by asylum seekers in Glasgow. Steven, who was also involved in interviewing asylum seekers, revealed more about the process of recording and retelling their life stories.

Issues surrounding the asylum process in the UK were clarified by Prof Good, who has frequently acted as an expert witness on asylum appeals in the UK and other countries. Contrary to the stories we had listened to, he elaborated, the Home Office structures its interviews with asylum seekers in a way that does not accommodate a chronological order of their experiences. Questions are often phrased ambiguously so that asylum seekers’ answers could vary, in turn leading to an intentional undermining of their credibility – a credibility required for gaining refugee status.

After a vote of thanks to the performers, panellists, and sponsors, the event ended with much applause and a donation appeal. The audience donated a total of nearly £200, which was equally split to support the work of Amnesty International and the Glasgow Night Shelter.

Aimed at making the people behind immigration numbers visible again, it was a successful evening – as one attendee later commented: “I’ve been to a few discussions on refugees and asylum seekers in Scotland, but this was the first to have a more creative take with the monologues, which I thought worked really well. It’s always helpful to have a more personal take, because numbers and places are difficult to bring to life.  I thought it was great all in so thanks for putting it together.”

Grit Wesser organised The Asylum Monologues event with Helene Frössling (Scottish Graduate School of Social Science) and Hannah Cook (Centre for African Studies), and in collaboration with Beyond Borders Scotland and Ice&Fire. The event was co-supported by the Global Justice and Global Development Academies’ through their joint Innovative Initiative Fund.

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