Journal articles on the topic 'Minorities – Legal status, laws, etc. – Europe'

The article formulates classification groups of normative legal acts that will regulate the activity of the sphere of medical care ofthe population. Today in Ukraine there are a number of laws and other regulations that provide medical care. In order to improve theentire regulatory system in the study area, it is necessary to systematize all regulations, depending on the subject orientation, into classificationgroups of regulatory and legal support of medical care, depending on the subject of legal support of medical care, namely: actsthat aimed at providing medical services and medical care; acts that form the relationship of health care institutions with patients; actsthat regulate characterological social relations in the field of medical care; acts establishing legal liability for violation of norms in thefield of medical care. In accordance with the proposed classification, the author described the systematized regulations. The sources thatdetermine international legal acts in the field of health care are documents issued by the United Nations, the World Health Organi zation,the International Labor Organization, the Council of Europe and the European Union, the World and European Medical Associations, andnamely: “Convention for the Protection of Human Rights and Dignity of Biology and Medicine: Convention on Human Rights and Biomedicine(European Convention on Human Rights and Biomedicine)”; “European Convention for the Protection of Human Rights andFundamental Freedoms (ECHR)”; “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”;“European Social Charter (ESC)”; “Framework Convention for the Protection of National Minorities”; “Recommendation № R(2000) 5 of the Committee of Ministers of the Council of Europe to member states on the development of forms of participation of citizensand patients in the decision-making process affecting health care”; “Partial agreement in the field of social and public health”; “Conventionon the Development of a European Pharmacopoeia”; “Convention for the Protection of Human Rights and Dignity in Respect ofthe Use of Advances in Biology and Medicine” and its protocols, etc., which are supplemented and clarified by a number of recommendationsin the field of medical care; Directive 2001/83 / EC of the European Parliament and of the Council of the European Union on theCommunity code relating to medicinal products for human use, as well as Directives of the Council of the European Union, namely: theEU Charter of Fundamental Rights; “Draft EU Directive on the rights of patients in cross-border healthcare”, etc.

Peculiarities of the international legal status determination of the national minorities within the Versailles system have been studied using the example of a number of Central and Eastern European countries. The governments of Czechoslovakia, Poland, and Hungary were asked, based on the norms of international law, to develop appropriate provisions for the protection of the rights of national minorities in order to prevent new conflicts and threats to peace. The system of treaties, declarations and agreements, which were supposed to ensure the observance of the rights of national minorities and whose guarantor was the League of Nations, has been analyzed. In practice, this was embodied in giving minorities the right to submit petitions to the Council or Assembly of the League of Nations, as well as in the activities of the Permanent Chamber of International Justice. The right to submit petitions was used at different times by representatives of the Ruthenian minority in Czechoslovakia, the Russian minority in Eastern Galicia, the Jewish minority in Hungary, the German minority in Poland, etc. The weaknesses of this system have been identified, which prevented the creation of effective international mechanisms for the protection of the rights of national minorities in the specified regions of Europe. In particular, it has been emphasized that the majority of treaties, conventions, treatises, etc. were openly sabotaged by the countries that were supposed to fulfill them. The governments of the countries of Central and Eastern Europe considered the proposed system unequal, because its conditions did not apply to a number of other multinational states that had similar problems. Conflict situations surrounding the problem of national minorities continued to arise. They were caused by various factors: from divided loyalties and irredentist movements to manifestations of governmental and social discrimination.

The article is devoted to the theoretical and practical approaches of the European Commission for Democracy through Law (the Venice Commission) to the assessment of electoral processes and elections in states. Since the Venice Commission is a subsidiary body of the Council of Europe, special attention is paid to the observance of Council of Europe standards in the field of human and civil rights in regard to elections. Through an empirical analysis of various documents of the Venice Commission (conclusions, recommendations, codes of practice, etc.), a conclusion is drawn about the existential approach of this body to assessing the electoral legislation of states. This approach is based on a wide array of sources perceived by experts of the Venice Commission, which, in addition to state legislation and official comments, may also include reports from the media, the Internet, the personal worldview of the expert and comments from other persons familiar with the situation. Based on this broad range of sources, the Venice Commission also objectifies its assessments into different acts, which may have a variety of names, but have the force of recommendations for states. Thus, the conclusions of the Venice Commission are acts of soft law and can be perceived by national legal systems using various channels of implementation. The analysis of the documents of the Venice Commission on elections and electoral processes shows that in the orbit of expertise of this body are such issues as: prevention of abuse of power and administrative resources of power in the organization and holding of elections; prevention of discrimination against opposition and various minorities, etc. The issues of gender equality in state authorities, protection of the rights of stateless persons, and voting using digital technologies are also considered.

Purpose. The purpose of the study is to develop issues of legal regulation of the status of the Ukrainian national minority in the Republic of Poland and to show the impact of foreign policy orientations of the Republic of Poland on the implementation of international law on national minorities. Methodology. Among the philosophical, general scientific and special scientific methods, the following were used: dialectical methods – comparative method – to clarify the general and specific patterns of functioning and development of legal regulation of the status of the Ukrainian national minority in the Republic of Poland. The axiological method was used to find the value of the legal regulation of the status of the Ukrainian national minority in the Republic of Poland and to reveal its theoretical and applied significance; activity method – for the formation of recommendations to improve the mechanism of protection of the rights of Ukrainian workers and meet the cultural, educational and spiritual and religious needs of the Ukrainian national minority in the Republic of Poland. Originality. The scientific novelty lies in the theoretical understanding and delineation of ways to improve the well-being of the Ukrainian community in Poland and gain better prospects, which is extremely important given the territorial dispersion of Ukrainians, and will be an essential element in filling the strategic partnership between Ukraine and Poland. Results. The study found that in view of the revival of Ukraine's interaction with the Ukrainian community in Poland and in order to preserve the ethno-national identity of Polish Ukrainians, it seems appropriate for public authorities in Ukraine to address issues such as the use of practical influence of the Council of Europe. The rights of national minorities and the rule of law in the Member States, etc. Practical importance. The results of the study can be used in law-making activities in order to legally regulate the protection of the rights of the Ukrainian national minority in the Republic of Poland.

The situation of Muslim immigrants in certain West European countriesThe article argues that the significant mobility of Muslim minorities in France, Germany and the United Kingdom resulted from an increasing need to improve the economic life of immigrants, family reunification, and the possibility of getting permanent residence through marriage with permanent residents of the mentioned countries. The situation of Muslim immigrants in the host country is regulated by individual state and European union law. Each country establishes its own laws concerning social and religious life and the possibility of obtaining citizenship. Muslim populations acquire legal status and uphold the law of the host country, often defending themselves against ill-treatment by referring to abuses in criminal cases.The integration of Muslim immigrants with Europeans has numerous difficulties as a result of cultural and religious differences. Immigrants tend to live in their own tight grouping, often isolating themselves from the society of the host country. The Muslim community will exceed 20% of population over the next 40 years. Europe will become a continent with a significant Muslim minority. This will contribute not only to major demographic changes but also cultural, economic, political and social ones in Europe in the future.

Special legal provisions on preferential treatment of expatriates introduced during last decade by the kin-states are oftentimes construed by the scholars as visible sings and effective tools of new, post-territorial nation-building in Eastern Europe. However, the analysis of Serbian and Kosovan laws on citizenship and diaspora shows that the picture is more complex, whereas the situation varies across countries of the region. Despite the rising concerns with the issues of the co-ethnics since late 2000 the Serbian government for some years has been reluctant to introduce the exclusive preferential treatment for the Serbs in the realm of citizenship. Only the law passed in 2009 overtly showed that the executives and legislators of the Republic of Serbia now are on the way of creating post-territorial Serb national community. Contrariwise the political establishment of Kosovo equally pushing forward special laws on “diaspora” in 2008 and 2011 was rather concerned with forming and reasserting of as well as tightening its grip over post-territorial citizenry because of notable social and economic problems. In contrast to Easter European status laws, trans-border “ethnic relatives” of the Kosovan majority are effectively excluded by the documents from the membership in the “diaspora,” while the representatives of ethnic minorities from the territory of the country legally qualify for being Kosovo diasporans.

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

Corruption is one of the main threats to the entire world community. The Russian Federation takes an active part in countering this negative phenomenon. This is expressed in anti-corruption cooperation at the level of international organizations, as well as in the adoption and further ratification of international legal acts. Russia is a member of the Commonwealth of Independent States (CIS), within which model laws are adopted, which created the preconditions for the formation of the most important anti-corruption institutions, which subsequently began to be introduced into the Russian legal system: anti-corruption expertise of legal acts, anticorruption monitoring, anti-corruption standards, anti-corruption programs, status reports corruption and implementation of anti-corruption policy measures, etc. The administrative and legal forms and methods of combating corruption in Russia are enshrined in federal laws, as well as in the laws of the constituent entities of the Russian Federation. The main form of countering corruption in Russia is government plans and programs. With regard to the field of functioning of the civil service in the Russian Federation, such an administrative and legal form as anti-corruption standards is actively developing, including a unified system of prohibitions, restrictions and permissions that ensure the prevention of corruption. Another important promising legal form of combating corruption in public administration is special administrative regulations related to ensuring the implementation of anti-corruption measures. In Belarus, a model of combating corruption is being implemented very similar to the Russian one. According to the legislation of the Republic of Belarus, public control is actively used in the fight against corruption. At the national level, special criteria for assessing the activities of state bodies and other organizations in the fight against corruption and economic offenses have been approved. One of the rather interesting anti-corruption measures used in Belarus is the payment of remuneration to an individual who contributed to the identification of corruption. The authors came to the conclusion that the de facto "ideal" model of combating corruption in the world simply does not exist. There are examples of individual countries that have indeed achieved significant results in the fight against corruption. Existing trends in domestic practice reflect a gradual shift away from the use of tough anti-corruption measures towards more flexible economic and administrative mechanisms, which are showing their effectiveness in some countries of Europe and Asia. It is important to continue working in this direction, to improve the legal and organizational foundations of combating corruption, and to gradually introduce effective anticorruption forms and methods into Russian practice. The authors declare no conflicts of interests.

The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .

Recognition of regional features, outlining of the contours of regions, tendency to regionalize ethnic, economic, cultural and state-administrative space, and strengthening the ideology of regionalism in the Federal Republic of Yugoslavia, that is Serbia and Montenegro, appear as a practical and political but also as a theoretical problem which includes and combines several scientific disciplines. The phenomenon of regionalism is not contradictory although it is primarily expressed through the numerous conflicts of interests rivalry and antagonisms of political subjects. The problematic side of the phenomenon of regionalism includes the result of an extremely negative and existentially tragic experience of the several years-long disintegration of the complex Yugoslav state. During the partition and disintegration of the second Yugoslavia, there also happened the disintegration of the Serbian ethnic area Growth, support and instigation of regional tendencies occurred in the historical circumstances of secession and did not stop in the post-secession period. Particularization and segmentation of political area, as well as the disintegration of the former state, did not occur in accordance with the norms of internal and international law. Legality was late and was achieved within the transformation of power reflected in the changed territorial policy of the dominant alliance of great powers. The entire past decade was characterized by an extraordinary metamorphosis of political space. Secession trend had the territorial features which included the change of borders and had been long in the focus of the global geopolitical attention. Territories were divided and made smaller. Intensive territorial dynamics within the external silhouette of the de-stated SFR of Yugoslavia resulted in the creation of several state and quasi-state political formations. Former republics became semi-sovereign states. Dispersed and displaced Serbian ethnos was configured in the three territories: in the Republic of Serbia - from which Kosovo and Metohia were amputated and placed under the UN protectorate - in the entire Republic of Montenegro and in the Republic Srpska, located in one part of the former Bosnia and Herzegovina. Demopolitical result of the geopolitical destruction of the Serbian ethnos was a great movement of the Serbian population from the west to the east, and its concentration in the territory of the Republic of Serbia this implied that the Serbs were expelled from their millennia-long abodes in Croatia, parts of Bosnia and from Kosmet. The geo-economic result of the same process was the devastation of the national economic strength west of the Drina and in the southern province. Economic regression occurred also in the national parent-land state. Balkan re-arrangement of the spheres of interest in the post-bipolar period was in 1995. fixed by the interest arrangement of the great powers known under the name Dayton Peace Agreement. Redistribution of the territories from the destroyed state occurred in the post-communist period with the expansion of west-civilization structures to the European east Westernization of the eastern part of Europe, or entire Europe as the other pole of the global West, could be characterized as a dual mega-regionality. Namely, the west is composed of Europe and America; on the other side, there is the global East or its hybrid variation Eurasia. With the disappearance of their common state and its framework, south Slavs found themselves in the seemingly independent, and actually client states. Western delimitation of the south Slavic area moved from the Yugoslav borders towards a wider Balkan demarcation. One could say that the revitalized notion of the Balkans became a new, in many aspects obligatory framework for regional thinking. The Balkan macroregion is further determined by the intentions to expand the European Union. One of the Euro-centric concepts, which is being experimentally employed precisely in the Balkans, is the establishment of the so-called Europe of regions in the peripheral areas. On the other hand, even though the process of the disintegration of the Yugoslav Federation appears to be irreversible, the superordinate Euro-American factor does not give up the possibility of the mezzo-regional initiatives, cooperations, associations and integrations. This "middle" level of dealing with the specificities of the Yugoslav region is related to the states and nations from the former Yugoslavia, or the so-called West Balkans. Naturally, it is not the tendency to revive the silhouette of the previous state, but certainly there is a noticeable intention to achieve a regional linking of the related, now semi-sovereign territories which sometimes belonged to the same state framework. The fourth level deals with microregionalism, that is the relation between the different areas in the newly-created states. It is interesting that the regionalist discourse is mostly cherished exactly in the ethno-heterogeneous Serbian area, although other Yugoslav states also have or had regional tradition and mixed population, like, for example, Slovenia and Croatia Nevertheless, these former Yugo-republics are structured as mono-national states, so the regional policy and ideology of regionalism are still not in the first plane. Regionalism within the newly-formed states could be supplemented with the micron level implying specific sub-regionalism of the highest degree, within the larger regions in the same state. This could be illustrated with Backa, Banat and Srem inside Vojvodina, understood as the northern Serbian region, or Kosovo and Metohia in the south of Serbia, in the province with the same name. In the part of Serbia outside the provinces, similar things could be said for Belgrade with its surroundings, Macva, Podrinje, Sumadija, Raska District etc. Thus, when it comes to the present FR of Yugoslavia, all five levels of regional dynamics have a principled, but insufficiently studied significance. Mega-regional level is related to the mark denoting the global belonging to the West. Macroregional level deals with the European loyalty, that is inclusion of the FR of Yugoslavia into the continental European trends. This trans-continental and continental direction of inclusion implies a historical teleology of the relative eastern belonging to the absolute West, that is Euro-America, and the entrance into the full structure of the European Union. All the mentioned problems of recognition and characterization of the regional phenomenology in the political topography of the world are motivated by the tendency to achieve as clear as possible spatial-temporal national and state orientation The direction is related to the so-called safety dilemma of the nation and the country faced with the change of size and essence of one's own state, with the different geopolitical position and redefined foreign-policy priorities. It is also the case of the changed alliance policy, and the innovated strategy of integration into the old and new global and regional political structures. On the basis of the indicated components of geopolitical context, one could say that the phenomenon of regions and their cognate correlates {regionally regionalization and regionalism) should not be understood exclusively through the legal categories of international law and the so-called constitutional solutions, that is administrative division of the state territory. Actually in the analysis of regions and regionalism in Serbia and the FR of Yugoslavia it is necessary first to discuss the pre-normative or meta-le-gal factors in the creation of the regional issue within the national and state issue, which have the form of the unsolved political problem. Meta-legality is located within the domain of the international relations and geopolitic. Meta-legal or pre-normative factors of the formation or recognition of regions and regionalisms deal with the possibility of the political constitution of the Serbian, that is Serbian / Montenegrin (still Yugoslav) society. Since the unique state area was destroyed in the four-year secession wars and there occurred significant demopolitical changes, war migrations, forceful displacements and expulsion of the population - the ethnic character of many areas was also drastically changed. At the same time, the post-secession existence of the FR of Yugoslavia could be also viewed through the optics of the state residuum. The remaining Serbia or Serbia (temporarily) without Kosovo is certainly not an equivalent for the Serbian ethnic space, nor for the entire Serbian lands. It is not even the FR of Yugoslavia, as a dual con federation of the Serbian / Montenegrin nation. Geopolitical reduction of the SFR of Yugoslavia to a residual creation of the FR of Yugoslavia was not deduced from the legality sui generis, but resulted from a conflict, the defeat of integralism and the victory of separatism, as well as from a new triumphal configuration of power. The impulse implying the statism of the collective rights from the former complex federal necessarily-multinational level was transferred to a lower mononational level. Therefore, the regionalist ideology in the post-secession reality of the residual state almost inevitably, as a tendency, nears the separatory particularism. Even the lost national state and the state entirety are openly denied within the requests for the territorization of the collective rights of various minorities. Naturally these requests do not carry the primary features of the development of democracy. On the contrary, in the majority of cases this implies the rise of parish and tribal consciousness prone to narrow-minded separation. Thus the post-secession requests for the regionalization are often just a slight rhetorical mask for real separatism. For example, they are expressed through the pseudo-national separation of Vojvodina from Serbia, as well as Montenegro from Serbia, or through the establishment of state-like entities in the territorial tissue of Serbia Alleged arguments are found in the unfinished disintegration of the SFR of Yugoslavia on the one hand, and in the prevention of the creation of the so-called Greater Serbia, even within the diminished Serbia That way, even in the post-secession, reduced Serbia one could easily recognize the tendencies of federalization and confederalization, even the amputation of its remaining state space. Additional arguments for the crawling secession and prolonged territorial destruction are found in the ideology of globalization and world trends of relativizing territorial integrity and state sovereignty. On the other hand, the idea about the principled insignificance of borders in Europe without borders, as well as Europe of regions, is emphasized. Thus, it is obvious that the new state and regional delimitations and demarcations are in contradiction with the vision of the trans-statal and trans-national integrity of the European continent. In Serbia itself, me problem of the restructuring of regions is determined by the inherited and unchanged triple division of its territory into the central part and two autonomous provinces in the north and south. Thus every idea for regionalization (expert, party, leader's, NGO and the like) faces the inherited, too narrow constitutional framework and easily slides to the federalization or confederalization of the Republic, and in extreme cases to the independence and sovereignty of ethnic, religious, linguistic and other minorities. Roughly put, the tendencies for territorial separation from the Republic of Serbia still exist in several neuralgic and unstable areas or regions. In Vojvodina, the presented tendencies have the character of a meaningless internal - Serbian autonomy, autonomism, latent separatism. Authentic Serbian autonomy lost its original character long ago and deteriorated into an internal national re-statism. On the other hand, in the furthest south of Serbia, in Kosmet, the UN protectorate is established, but the region is actually occupied and thus the status of the Province is "frozen". In the three municipalities in the south of Serbia, with the relative Albanian majority, Albanian separatism smolders within the platform of the so-called east Kosovo. In the Raska region (Sandzak) there are also strong tendencies for separateness on the religious-ecclesiastical, so-called Bosniac platform, with religious solidarity, and ethnic and territorial unity of all Bosniacs. In the meta-legal or pre-normative situation - which most often denotes political and geopolitical context implying interests, power and force - the inclinations for territorial design are faced with the conflicting ideology of regionalism. Therefore, the constitutional-legal solutions of the former, present and future regions, generated within the self-created legality which does not respect meta-legal, political and geopolitical impulses regardless of how aestheticized and "humanized" they may be - at the end face the practical impossibility of realization.

In its preamble, The Western Australian Charter of Multiculturalism (WA) commits the state to becoming: “A society in which respect for mutual difference is accompanied by equality of opportunity within a framework of democratic citizenship”. One of the principles of multiculturalism, as enunciated in the Charter, is “equality of opportunity for all members of society to achieve their full potential in a free and democratic society where every individual is equal before and under the law”. An important element of this principle is the “equality of opportunity … to achieve … full potential”. The implication here is that those who start from a position of disadvantage when it comes to achieving that potential deserve more than ‘equal’ treatment. Implicitly, equality can be achieved only through the recognition of and response to differential needs and according to the likelihood of achieving full potential. This is encapsulated in Kymlicka’s argument that neutrality is “hopelessly inadequate once we look at the diversity of cultural membership which exists in contemporary liberal democracies” (903). Yet such a potential commitment to differential support might seem unequal to some, where equality is constructed as the same or equal treatment regardless of differing circumstances. Until the past half-century or more, this problematic has been a hotly-contested element of the struggle for Civil Rights for African-Americans in the United States, especially as these rights related to educational opportunity during the years of racial segregation. For some, providing resources to achieve equal outcomes (rather than be committed to equal inputs) may appear to undermine the very ethos of liberal democracy. In Australia, this perspective has been the central argument of Pauline Hanson and her supporters who denounce programs designed as measures to achieve equality for specific disadvantaged groups; including Indigenous Australians and humanitarian refugees. Nevertheless, equality for all on all grounds of legally-accepted difference: gender, race, age, family status, sexual orientation, political conviction, to name a few; is often held as the hallmark of progressive liberal societies such as Australia. In the matter of religious freedoms the situation seems much less complex. All that is required for religious equality, it seems, is to define religion as a private matter – carried out, as it were, between consenting parties away from the public sphere. This necessitates, effectively, the separation of state and religion. This separation of religious belief from the apparatus of the state is referred to as ‘secularism’ and it tends to be regarded as a cornerstone of a liberal democracy, given the general assumption that secularism is a necessary precursor to equal treatment of and respect for different religious beliefs, and the association of secularism with the Western project of the Enlightenment when liberty, equality and science replaced religion and superstition. By this token, western nations committed to equality are also committed to being liberal, democratic and secular in nature; and it is a matter of state indifference as to which religious faith a citizen embraces – Wiccan, Christian, Judaism, etc – if any. Historically, and arguably more so in the past decade, the terms ‘democratic’, ‘secular’, ‘liberal’ and ‘equal’ have all been used to inscribe characteristics of the collective ‘West’. Individuals and states whom the West ascribe as ‘other’ are therefore either or all of: not democratic; not liberal; or not secular – and failing any one of these characteristics (for any country other than Britain, with its parliamentary-established Church of England, headed by the Queen as Supreme Governor) means that that country certainly does not espouse equality. The West and the ‘Other’ in Popular Discourse The constructed polarisation between the free, secular and democratic West that values equality; and the oppressive ‘other’ that perpetuates theocracies, religious discrimination and – at the ultimate – human rights abuses, is a common theme in much of the West’s media and popular discourse on Islam. The same themes are also applied in some measure to Muslims in Australia, in particular to constructions of the rights of Muslim women in Australia. Typically, Muslim women’s dress is deemed by some secular Australians to be a symbol of religious subjugation, rather than of free choice. Arguably, this polemic has come to the fore since the terrorist attacks on the United States in September 2001. However, as Aly and Walker note, the comparisons between the West and the ‘other’ are historically constructed and inherited (Said) and have tended latterly to focus western attention on the role and status of Muslim women as evidence of the West’s progression comparative to its antithesis, Eastern oppression. An examination of studies of the United States media coverage of the September 11 attacks, and the ensuing ‘war on terror’, reveals some common media constructions around good versus evil. There is no equal status between these. Good must necessarily triumph. In the media coverage, the evil ‘other’ is Islamic terrorism, personified by Osama bin Laden. Part of the justification for the war on terror is a perception that the West, as a force for good in this world, must battle evil and protect freedom and democracy (Erjavec and Volcic): to do otherwise is to allow the terror of the ‘other’ to seep into western lives. The war on terror becomes the defence of the west, and hence the defence of equality and freedom. A commitment to equality entails a defeat of all things constructed as denying the rights of people to be equal. Hutcheson, Domke, Billeaudeaux and Garland analysed the range of discourses evident in Time and Newsweek magazines in the five weeks following September 11 and found that journalists replicated themes of national identity present in the communication strategies of US leaders and elites. The political and media response to the threat of the evil ‘other’ is to create a monolithic appeal to liberal values which are constructed as being a monopoly of the ‘free’ West. A brief look at just a few instances of public communication by US political leaders confirms Hutcheson et al.’s contention that the official construction of the 2001 attacks invoked discourses of good and evil reminiscent of the Cold War. In reference to the actions of the four teams of plane hijackers, US president George W Bush opened his Address to the Nation on the evening of September 11: “Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts” (“Statement by the President in His Address to the Nation”). After enjoining Americans to recite Psalm 23 in prayer for the victims and their families, President Bush ended his address with a clear message of national unity and a further reference to the battle between good and evil: “This is a day when all Americans from every walk of life unite in our resolve for justice and peace. America has stood down enemies before, and we will do so this time. None of us will ever forget this day. Yet, we go forward to defend freedom and all that is good and just in our world” (“Statement by the President in His Address to the Nation”). In his address to the joint houses of Congress shortly after September 11, President Bush implicated not just the United States in this fight against evil, but the entire international community stating: “This is the world’s fight. This is civilisation’s fight” (cited by Brown 295). Addressing the California Business Association a month later, in October 2001, Bush reiterated the notion of the United States as the leading nation in the moral fight against evil, and identified this as a possible reason for the attack: “This great state is known for its diversity – people of all races, all religions, and all nationalities. They’ve come here to live a better life, to find freedom, to live in peace and security, with tolerance and with justice. When the terrorists attacked America, this is what they attacked”. While the US media framed the events of September 11 as an attack on the values of democracy and liberalism as these are embodied in US democratic traditions, work by scholars analysing the Australian media’s representation of the attacks suggested that this perspective was echoed and internationalised for an Australian audience. Green asserts that global media coverage of the attacks positioned the global audience, including Australians, as ‘American’. The localisation of the discourses of patriotism and national identity for Australian audiences has mainly been attributed to the media’s use of the good versus evil frame that constructed the West as good, virtuous and moral and invited Australian audiences to subscribe to this argument as members of a shared Western democratic identity (Osuri and Banerjee). Further, where the ‘we’ are defenders of justice, equality and the rule of law; the opposing ‘others’ are necessarily barbaric. Secularism and the Muslim Diaspora Secularism is a historically laden term that has been harnessed to symbolise the emancipation of social life from the forced imposition of religious doctrine. The struggle between the essentially voluntary and private demands of religion, and the enjoyment of a public social life distinct from religious obligations, is historically entrenched in the cultural identities of many modern Western societies (Dallmayr). The concept of religious freedom in the West has evolved into a principle based on the bifurcation of life into the objective public sphere and the subjective private sphere within which individuals are free to practice their religion of choice (Yousif), or no religion at all. Secularism, then, is contingent on the maintenance of a separation between the public (religion-free) and the private or non- public (which may include religion). The debate regarding the feasibility or lack thereof of maintaining this separation has been a matter of concern for democratic theorists for some time, and has been made somewhat more complicated with the growing presence of religious diasporas in liberal democratic states (Charney). In fact, secularism is often cited as a precondition for the existence of religious pluralism. By removing religion from the public domain of the state, religious freedom, in so far as it constitutes the ability of an individual to freely choose which religion, if any, to practice, is deemed to be ensured. However, as Yousif notes, the Western conception of religious freedom is based on a narrow notion of religion as a personal matter, possibly a private emotional response to the idea of God, separate from the rational aspects of life which reside in the public domain. Arguably, religion is conceived of as recognising (or creating) a supernatural dimension to life that involves faith and belief, and the suspension of rational thought. This Western notion of religion as separate from the state, dividing the private from the public sphere, is constructed as a necessary basis for the liberal democratic commitment to secularism, and the notional equality of all religions, or none. Rawls questioned how people with conflicting political views and ideologies can freely endorse a common political regime in secular nations. The answer, he posits, lies in the conception of justice as a mechanism to regulate society independently of plural (and often opposing) religious or political conceptions. Thus, secularism can be constructed as an indicator of pluralism and justice; and political reason becomes the “common currency of debate in a pluralist society” (Charney 7). A corollary of this is that religious minorities must learn to use the language of political reason to represent and articulate their views and opinions in the public context, especially when talking with non-religious others. This imposes a need for religious minorities to support their views and opinions with political reason that appeals to the community at large as citizens, and not just to members of the minority religion concerned. The common ground becomes one of secularism, in which all speakers are deemed to be indifferent as to the (private) claims of religion upon believers. Minority religious groups, such as fundamentalist Mormons, invoke secular language of moral tolerance and civil rights to be acknowledged by the state, and to carry out their door-to-door ‘information’ evangelisation/campaigns. Right wing fundamentalist Christian groups and Catholics opposed to abortion couch their views in terms of an extension of the secular right to life, and in terms of the human rights and civil liberties of the yet-to-be-born. In doing this, these religious groups express an acceptance of the plurality of the liberal state and engage in debates in the public sphere through the language of political values and political principles of the liberal democratic state. The same principles do not apply within their own associations and communities where the language of the private religious realm prevails, and indeed is expected. This embracing of a political rhetoric for discussions of religion in the public sphere presents a dilemma for the Muslim diaspora in liberal democratic states. For many Muslims, religion is a complete way of life, incapable of compartmentalisation. The narrow Western concept of religious expression as a private matter is somewhat alien to Muslims who are either unable or unwilling to separate their religious needs from their needs as citizens of the nation state. Problems become apparent when religious needs challenge what seems to be publicly acceptable, and conflicts occur between what the state perceives to be matters of rational state interest and what Muslims perceive to be matters of religious identity. Muslim women’s groups in Western Australia for example have for some years discussed the desirability of a Sharia divorce court which would enable Muslims to obtain divorces according to Islamic law. It should be noted here that not all Muslims agree with the need for such a court and many – probably a majority – are satisfied with the existing processes that allow Muslim men and women to obtain a divorce through the Australian family court. For some Muslims however, this secular process does not satisfy their religious needs and it is perceived as having an adverse impact on their ability to adhere to their faith. A similar situation pertains to divorced Catholics who, according to a strict interpretation of their doctrine, are unable to take the Eucharist if they form a subsequent relationship (even if married according to the state), unless their prior marriage has been annulled by the Catholic Church or their previous partner has died. Whereas divorce is considered by the state as a public and legal concern, for some Muslims and others it is undeniably a religious matter. The suggestion by the Anglican Communion’s Archbishop of Canterbury, Dr Rowan Williams, that the adoption of certain aspects of Sharia law regarding marital disputes or financial matters is ultimately unavoidable, sparked controversy in Britain and in Australia. Attempts by some Australian Muslim scholars to elaborate on Dr Williams’s suggestions, such as an article by Anisa Buckley in The Herald Sun (Buckley), drew responses that, typically, called for Muslims to ‘go home’. A common theme in these responses is that proponents of Sharia law (and Islam in general) do not share a commitment to the Australian values of freedom and equality. The following excerpts from the online pages of Herald Sun Readers’ Comments (Herald Sun) demonstrate this perception: “These people come to Australia for freedoms they have never experienced before and to escape repression which is generally brought about by such ‘laws’ as Sharia! How very dare they even think that this would be an option. Go home if you want such a regime. Such an insult to want to come over to this country on our very goodwill and our humanity and want to change our systems and ways. Simply, No!” Posted 1:58am February 12, 2008 “Under our English derived common law statutes, the law is supposed to protect an individual’s rights to life, liberty and property. That is the basis of democracy in Australia and most other western nations. Sharia law does not adequately share these philosophies and principles, thus it is incompatible with our system of law.” Posted 12:55am February 11, 2008 “Incorporating religious laws in the secular legal system is just plain wrong. No fundamentalist religion (Islam in particular) is compatible with a liberal-democracy.” Posted 2:23pm February 10, 2008 “It should not be allowed in Australia the Muslims come her for a better life and we give them that opportunity but they still believe in covering them selfs why do they even come to Australia for when they don’t follow owe [our] rules but if we went to there [their] country we have to cover owe selfs [sic]” Posted 11:28am February 10, 2008 Conflicts similar to this one – over any overt or non-private religious practice in Australia – may also be observed in public debates concerning the wearing of traditional Islamic dress; the slaughter of animals for consumption; Islamic burial rites, and other religious practices which cannot be confined to the private realm. Such conflicts highlight the inability of the rational liberal approach to solve all controversies arising from religious traditions that enjoin a broader world view than merely private spirituality. In order to adhere to the liberal reduction of religion to the private sphere, Muslims in the West must negotiate some religious practices that are constructed as being at odds with the rational state and practice a form of Islam that is consistent with secularism. At the extreme, this Western-acceptable form is what the Australian government has termed ‘moderate Islam’. The implication here is that, for the state, ‘non-moderate Islam’ – Islam that pervades the public realm – is just a descriptor away from ‘extreme’. The divide between Christianity and Islam has been historically played out in European Christendom as a refusal to recognise Islam as a world religion, preferring instead to classify it according to race or ethnicity: a Moorish tendency, perhaps. The secular state prefers to engage with Muslims as an ethnic, linguistic or cultural group or groups (Yousif). Thus, in order to engage with the state as political citizens, Muslims must find ways to present their needs that meet the expectations of the state – ways that do not use their religious identity as a frame of reference. They can do this by utilizing the language of political reason in the public domain or by framing their needs, views and opinions exclusively in terms of their ethnic or cultural identity with no reference to their shared faith. Neither option is ideal, or indeed even viable. This is partly because many Muslims find it difficult if not impossible to separate their religious needs from their needs as political citizens; and also because the prevailing perception of Muslims in the media and public arena is constructed on the basis of an understanding of Islam as a religion that conflicts with the values of liberal democracy. In the media and public arena, little consideration is given to the vast differences that exist among Muslims in Australia, not only in terms of ethnicity and culture, but also in terms of practice and doctrine (Shia or Sunni). The dominant construction of Muslims in the Australian popular media is of religious purists committed to annihilating liberal, secular governments and replacing them with anti-modernist theocratic regimes (Brasted). It becomes a talking point for some, for example, to realise that there are international campaigns to recognise Gay Muslims’ rights within their faith (ABC) (in the same way that there are campaigns to recognise Gay Christians as full members of their churches and denominations and equally able to hold high office, as followers of the Anglican Communion will appreciate). Secularism, Preference and Equality Modood asserts that the extent to which a minority religious community can fully participate in the public and political life of the secular nation state is contingent on the extent to which religion is the primary marker of identity. “It may well be the case therefore that if a faith is the primary identity of any community then that community cannot fully identify with and participate in a polity to the extent that it privileges a rival faith. Or privileges secularism” (60). Modood is not saying here that Islam has to be privileged in order for Muslims to participate fully in the polity; but that no other religion, nor secularism, should be so privileged. None should be first, or last, among equals. For such a situation to occur, Islam would have to be equally acceptable both with other religions and with secularism. Following a 2006 address by the former treasurer (and self-avowed Christian) Peter Costello to the Sydney Institute, in which Costello suggested that people who feel a dual claim from both Islamic law and Australian law should be stripped of their citizenship (Costello), the former Prime Minister, John Howard, affirmed what he considers to be Australia’s primary identity when he stated that ‘Australia’s core set of values flowed from its Anglo Saxon identity’ and that any one who did not embrace those values should not be allowed into the country (Humphries). The (then) Prime Minister’s statement is an unequivocal assertion of the privileged position of the Anglo Saxon tradition in Australia, a tradition with which many Muslims and others in Australia find it difficult to identify. Conclusion Religious identity is increasingly becoming the identity of choice for Muslims in Australia, partly because it is perceived that their faith is under attack and that it needs defending (Aly). They construct the defence of their faith as a choice and an obligation; but also as a right that they have under Australian law as equal citizens in a secular state (Aly and Green). Australian Muslims who have no difficulty in reconciling their core Australianness with their deep faith take it as a responsibility to live their lives in ways that model the reconciliation of each identity – civil and religious – with the other. In this respect, the political call to Australian Muslims to embrace a ‘moderate Islam’, where this is seen as an Islam without a public or political dimension, is constructed as treating their faith as less than equal. Religious identity is generally deemed to have no place in the liberal democratic model, particularly where that religion is constructed to be at odds with the principles and values of liberal democracy, namely tolerance and adherence to the rule of law. Indeed, it is as if the national commitment to secularism rules as out-of-bounds any identity that is grounded in religion, giving precedence instead to accepting and negotiating cultural and ethnic differences. Religion becomes a taboo topic in these terms, an affront against secularism and the values of the Enlightenment that include liberty and equality. In these circumstances, it is not the case that all religions are equally ignored in a secular framework. What is the case is that the secular framework has been constructed as a way of ‘privatising’ one religion, Christianity; leaving others – including Islam – as having nowhere to go. Islam thus becomes constructed as less than equal since it appears that, unlike Christians, Muslims are not willing to play the secular game. In fact, Muslims are puzzling over how they can play the secular game, and why they should play the secular game, given that – as is the case with Christians – they see no contradiction in performing ‘good Muslim’ and ‘good Australian’, if given an equal chance to embrace both. Acknowledgements This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. 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Introduction Since at least the work of van Gennep in the early 1900s, anthropologists have recognised that borders and thresholds are crucial in understanding human behavior and culture. But particularly in the past few decades, the study of borders has moved from the margins of social inquiry to the centre. At the same time, fashion (Entwistle), including clothing and skin (Bille), have emerged as crucial to understanding the human condition. In this article, we draw on and expand this literature on borders and fashion to demonstrate that the way Indonesians fashion and display their body reflects larger changes in attitudes about morality and gender. And in this, borders and thresholds are crucial. In order to make this argument, we consider three case studies from Indonesia. First, we discuss the requirement that policewomen submit to a virginity test, which takes the form of a hymen inspection. Then, we look at the successful campaign by policewomen to be able to wear the Islamic veil. Finally, we consider reports of Makassar policewomen who attempt to turn young people into exemplary citizens and traffic 'ambassadors' by using downtown crosswalks as a catwalk. In each of these three cases, fashioned borders and thresholds play prominent roles in determining the expression of morality, particularly in relation to gender roles. Fashion, Thresholds, and Borders There was once a time when social scientists tended to view clothes and other forms of adornment as "frivolous" or trivial (Entwistle 14; 18). Over the past few decades, however, fashion has emerged as a serious study within the social sciences. Writers have, for example, demonstrated how fashion is closely tied up with identity and capitalism (King and Winarnita). And although fashion used to be envisaged as emerging from London, New York, Paris, Milan, and other Western locations, scholars are increasingly recognising the importance of Asia in fashion studies. Whether the haute couture and cosplay in Tokyo or 'traditional' weaving of materials in Indonesia, studying fashion and clothes provides crucial insight into the cultures and societies of Asia (King and Winarnita). To contribute to this burgeoning area of research in Asian fashion, we draw on the anthropological classics, in particular, the concept of threshold. Every time we walk through a doorway, gate, or cross a line, we cross a threshold. But what classic anthropology shows us is that crossing certain thresholds changes our social status. This changing particularly occurs in the context of ritual. For example, walking onto a stage, a person becomes a performer or actor. Traditionally a groom carries his bride through the door, symbolising the transition to husband and wife (Douglas 115). In this article, we apply this idea that crossing thresholds is associated with transitioning social statuses (Douglas; Turner; van Gennep). To do this, we first establish a connection between national and personal borders. We argue that skin and clothes have a cultural function in addition to their practical functions. Typically, skin is imagined as a kind of social border and clothes provide a buffer zone. But to make this case, we first need to elaborate how we understand national borders. In the traditional kingdoms of Southeast Asia, borders were largely imperceptible or non-existent. Power was thought to radiate out from the ruler, through the capital, and into the surrounding areas. As it emanated from this 'exemplary centre', power was thought to weaken (Geertz 222-229). Rather than an area of land, a kingdom was thought to be a group of people (Tambiah 516). In this context, borders were irrelevant. But as in other parts of the world, in the era of nations, the situation has entirely changed in modern Indonesia. In a simple sense, our current global legal system is created out of international borders. These borders are, first and foremost, imagined lines that separate the area belonging to one nation-state from another. Borders are for the most part simply drawn on maps, explained by reference to latitude, longitude, and other features of the landscape. But, obviously, borders exist outside the imagination and on maps. They have significance in international law, in separating one jurisdiction from another. Usually, national borders can only be legally crossed with appropriate documentation and legal status. In extreme cases, crossing another nation's border can be a cause for war; but the difficulty in determining borders in practice means both sides may debate over whether a border was actually crossed. Where this possibility exists, sometimes the imagined lines are marked on the actual earth by fences, walls, etc. To protect borders, buffer zones are sometimes created. The most famous buffer zone is the Demilitarized Zone or DMZ, which runs along North Korea's border with South Korea. As no peace treaty has been signed between these two nations, they are technically still at war. Hostility is intense, but armed conflict has, for the most part, ceased. The buffer helps both sides maintain this cessation by enabling them to distinguish between an unintentional infringement and a genuine invasion. All this practical significance of borders and buffer zones is obvious. But borders become even more fascinating when we look beyond their 'practical' significance. Borders have ritual as well as practical importance. Like the flag, the nation's borders have meaning. They also have moral implications. Borders have become an issue of almost fanatical or zealous significance. The 2015 footage of a female Hungarian reporter physically attacking asylum seekers who crossed the border into her nation indicates that she was not just upset with their legal status; presumably she does not physically attack people breaking other laws (BBC News). Similarly the border vigilantes, volunteers who 'protect' the southern borders of the USA against what they see as drug cartels, apparently take no action against white-collar criminals in the cities of the USA. For the Hungarian reporter and the border vigilantes, the border is a threshold to be protected at all costs and those who cross it without proper documentation and process are more than just law breakers; they are moral transgressors, possibly even equivalent to filth. So much for border crossing. What about the borders themselves? As mentioned, fences, walls, and other markers are built to make the imagined line tangible. But some borders go well beyond that. Borders are also adorned or fashioned. For instance, the border between North and South Korea serves as a site where national sovereignty and legitimacy are emphasised, defended, and contested. It is at this buffer zone that these two nations look at each other and showcase to the other what is ideally contained within their own respective national borders. But it is not just national states which have buffer zones and borders with deep significance in the modern period; our own clothes and skin possess a similar moral significance. Why are clothes so important? Of course, like national borders, clothes have practical and functional use. Clothes keep us warm, dry, and protected from the sun and other elements. In addition to this practical use, clothes are heavily imbued with significance. Clothes are a way to fashion the body. They define our various identities including gender, class, etc. Clothes also signify morality and modesty (Leach 152). But where does this morality regarding clothing come from? Clothing is a site where state, religious, and familial control is played out. Just like the DMZ, our bodies are aestheticised with adornments, accoutrements, and decorations, and they are imbued with strong symbolic significance in attempts to reveal what constitutes the enclosed. Just like the DMZ, our clothing or lack thereof is considered constitutive of the nation. Because clothes play a role akin to geo-political borders, clothes are our DMZ; they mark us as good citizens. Whether we wear gang colours or a cross on our necklace, they can show us as belonging to something powerful, protective, and worth belonging to. They also show others that they do not belong. In relation to this, perhaps it is necessary to mention one cultural aspect of clothing. This is the importance, in the modern Indonesian nation, of appearing rapih. Rapih typically means clean, tidy, and well-groomed. The ripped and dirty jeans, old T-shirts, unshaven, unkempt hair, which has, at times, been mainstream fashion in other parts of the world, is typically viewed negatively in Indonesia, where wearing 'appropriate' clothing has been tied up with the nationalist project. For instance, as a primary school student in Indonesia, Winarnita was taught Pendidikan Moral Pancasila (Pancasila Moral Education). Named after the Pancasila, the guiding principles of the Indonesian nation, this class is also known as "PMP". It provided instruction in how to be a good national citizen. Crucially, this included deportment. The importance of being well dressed and rapih was stressed. In sum, like national borders, clothes are much more than their practical significance and practical use. This analysis can be extended by looking at skin. The practical significance of skin cannot be overstated; it is crucial to survival. But that does not preclude the possibility that humans—being the prolifically creative and meaning-making animals that we are—can make skin meaningful. Everyday racism, for instance, is primarily enabled by people making skin colour meaningful. And although skin is not optional, we fashion it into borders that define who we are, such as through tattoos, by piercing, accessorising, and through various forms of body modification (from body building to genital modification). Thresholds are also important in understanding skin. In a modern Indonesian context, when a penis crosses a woman's hymen her ritual status changes; she is no longer a virgin maiden (gadis) or virgin (perawan). If we apply the analogy of borders to the hymen, we could think of it as a checkpoint or border crossing. At a national border crossing, only people with correct credentials (for instance, passport holders with visas) can legally cross and only at certain times (not on public holidays or only from 9-5). At a hymen, only people with the correct status, namely one's husband, can morally cross. The checkpoint is a crucial reminder of the nation state and citizen scheme. The hymen is a crucial reminder of heteronormative standards. Crucial to understanding Indonesian notions of skin is the idea of aurat (Bennett 2007; Parker 2008). This term refers to parts of the body that should be covered. Or it could be said that aurat refers to 'intimate parts' of the body, if we understand that different parts of the body are considered intimate in Indonesian cultures. Indonesians tend to describe the aurat as those body parts that arouse feelings of sexual attraction or embarrassment in others. The concept tends to have Arabic and Islamic associations in Indonesia. Accordingly, for many Muslims, it means that women, once they appear sexually mature, should cover their hair, neck, and cleavage, and other areas that might arouse sexual attraction. These need to be covered when they leave their house, when they are viewed by people outside of the immediate nuclear family (muhrim). For men, it means they should be covered from their stomach to their knees. However, different Islamic scholars and preachers give different interpretations about what the aurat includes, with some opining that the entire female body with the exception of hands and face needs to be covered. That said, the general disposition or habitus of using clothes to cover is also found among non-Muslims in Indonesia. Accordingly, Catholics, Protestants, and Hindus also tend to cover their legs and cleavage, and so on, more than would commonly be found in Western countries. Having outlined the literature and cultural context, we now turn to our case studies. The Veil and Indonesian Policewomen Our first case study focusses on Indonesian police. Aside from a practical significance in law enforcement, police also have symbolic importance. There is an ideal that police should set and enforce standards for exemplary behaviour. Despite this, the Indonesia police have an image problem, being seen as highly corrupt (Davies, Stone, & Buttle). This is where policewomen fit in. The female constabulary are thought to be capable of morally improving the police force and the nation. Additionally, Indonesian policewomen are believed to be needed in situations of family violence, for instance, and to bring a sensitive and humane approach. The moral significance of Indonesia's policewomen shows clearly through issues of their clothing, in particular, the veil. In 2005, it became illegal for Indonesian policewomen to wear the veil on duty. Various reasons were given for this ban. These included that police should present a secular image, showcasing a modern and progressive nation. But this was one border contest where policewomen were able to successfully fight back; in 2013, they won the right to wear the veil on duty. The arguments espoused by both sides during this debate were reflective of geo-political border disputes, and protagonists deployed words such as "sovereignty", "human rights", and "religious autonomy". But in the end it was the policewomen's narrative that best convinced the government that they had a right to wear the veil on duty. Possibly this is because by 2013 many politicians and policymakers wanted to present Indonesia as a pious nation and having policewomen able to express their religion – and the veil being imbued with sentiments of honesty and dedication – fitted in with this larger national image. In contrast, policewomen have been unsuccessful in efforts to ban so called virginity testing (discussed below). Indonesian Policewomen Need to Be Attractive But veils are not the only bodily border that can be packed around language used to describe a DMZ. Policewomen's physical appearance, and specifically facial appearance and make-up, are discussed in similar terms. As such another border that policewomen must present in a particular (i.e. beautiful) way is their appearance. As part of the selection process, women police candidates must be judged by a mostly male panel as being pretty. They have to be a certain height and weight, and bust measurements are taken. The image of the policewoman is tall, slim, and beautiful, with a veil or with regulation cut and coiffed hair. Recognising the 'importance' of beauty for policewomen, they are given a monthly allowance precisely to buy make-up. Such is the status of policewomen that entry is highly competitive. And those who make the cut accrue many benefits. One of these benefits can be celebrity status, and it is not unusual for some policewomen to have over 100,000 Instagram followers. This celebrity status has led one police official to publicly state that women should not join the police force thinking it is a shortcut to celebrity status (Davies). So just like a nation trying to present its best self, Indonesia is imagined in the image of its policewomen. Policewomen feel pride in being selected for this position even when feeling vexed about these barriers to getting selected (Davies). Another barrier to selection is discussed in the next case study. Virginity Testing of Policewomen Our second case study relates to the necessity that female police recruits be virgins. Since 1965, policewomen recruits have been required to undergo internal examinations to ensure that their hymen is supposedly intact. Glossed as 'virginity' tests this procedure involves a two-finger examination by a health professional. Protests against the practice have been voiced by Human Rights Watch and others (Human Rights Watch). Pledges have also been made that the practice will be removed. But to date the procedure is still performed, although there are currently moves to have it banned within the armed forces. Hymens are more of a skin border than a clothing border such as that formed by uniforms or veils, but they operate in similar ways. The ‘feelable’ hymen marks an unmarried woman as moral. New women police recruits must be unmarried and therefore virgins. Actually, the hymen is not a taut skin border, but rather a loose connection of overlapping tissue and in this sense a hymen is not something one can lose. But the hymen is used as a proxy to determine a woman’s value. Hymen border control gives one a moral edge. A hymen supposedly measures a woman’s ability to protect herself, like any fortified geo-political border. Protecting one’s own borders gives the suggestion that one is able to protect others. A policewoman who can protect her bodily borders can protect those of others. Outsiders may wonder what being attractive, modest, but not too modest has to do with police work. And some (but by no means all) Indonesian policewomen wondered the same thing too. Indeed, some policewomen Davies interviewed in the 2010s were against this practice, but many staunchly supported it. They had successfully passed this rite of passage and therefore felt a common bond with other new recruits who had also gone through this procedure. Typically rites of passage, and especially the accompanying humiliation and abuse, engender a strong sense of solidarity among those who have passed through them. The virginity test seems to have operated in a similar way. Policewomen and the 'Citayam' Street Fashion Our third case study is an analysis of a short and otherwise unremarkable TV news report about policewomen parading across a crosswalk in a remote regional city. To understand why, we need to turn to "Citayam Fashion Week", a youth social movement which has developed around a road crossing in downtown Jakarta. Social movements like this are difficult to pin down, but it seems that a central aspect has been young fashionistas using a zebra crossing on a busy Jakarta street as an impromptu catwalk to strut across, be seen, and photographed. These youths are referred to in one article as "Jakarta's budget fashionistas" (Saraswati). The movement is understood in social media and traditional media sources as expressing 'street fashion'. Social media has been central to this movement. The youths have posted photos and videos of themselves crossing the road on social media. Some of these young fashionistas posted interviews with each other on TikTok. Some of the interviews went viral in June 2022 (Saraswati). So where does the name "Citayam Fashion Week" come from? Citayam is an outer area of Jakarta, which is a long way from from the wealthy central district where the young fashionistas congregate. But "Citayam" does not mean that the youths are all thought to come from that area. Instead the idea is that they could be from any poorer outer areas around the capital and have bussed or trained into town. The crosswalk they strut across is near the transport hub next to a central train station. The English-language "Fashion Week" is a tongue-in-cheek label mocking the haute couture fashion weeks around the world – events which, due to a wealth and class gap, are closed off to these teens. Strutting on the crosswalk is not limited to a single 'week' but it is an ongoing activity. The movement has spread to other parts of Indonesia, with youth parading across cross walks in other urban centres. Citayam Fashion Week became one of the major Indonesian public issues of 2022. Reaction was mixed. Some pointed to the unique street style and attitude, act, and language of the young fashionistas, some of whom became minor celebrities. The "Citayam Fashion Week" idea was also picked up by mainstream media, attracting celebrities, models, content creators, politicians and other people in the public eye. Some government voices also welcomed the social movement as promoting tourism and the creative industry. Others voiced disapproval at the youth. Their clothes were disparaged as 'tacky', reflecting deep divides in class and income in modern Jakarta. Some officials noted that they are a nuisance because they create traffic jams and loitering. Criticism also had a moral angle, in particular with commentators focused on male teens wearing feminine attire (Saraswati). Social scientists such as Oki Rahadianto (Souisa & Salim) and Saraswati see this as an expression of youth agency. These authors particularly highlight the class origins of the Citayam fashionistas being mostly from poorer outer suburbs. Their fashion displays are seen to be a way of reclaiming space for the youth in the urban landscape. Furthermore, the youths are expressing their own and unique version of youth culture. We can use the idea of threshold to provide unique insight into this phenomenon in the simple sense that the crosswalk connects one side of the road to the other. But the youth use it for something far more significant than this simple practical purpose. What is perceived to be happening is that some of the youth, who after all are in the process of transitioning from childhood to adulthood, use the crosswalk to publicly express their transition to non-normative gender and sexual identities; indeed, some of them have also transitioned to become mini celebrities in the process. Images of 'Citayam' portray young males adorned in makeup and clothes that are not identifiably masculine. They appear to be crossing gender boundaries. Other images show the distinct street fashion of these youth of exposed skin through crop tops (short tops) that show the belly, clothes with cut-out sections on various parts of the body, and ripped jeans. In a way, these youth are transgressing the taboo against exposing too much skin in public. One video is particularly interesting in light of the approach we are taking in this article as it comes from Makassar, the capital of one of Indonesia's outlying regions. "The Citayam Fashion Week phenomenon spreads to Makassar; young people become traffic (lalu lintas) ambassadors" (Kompas TV) is a news report about policewomen getting involved with young people using a crosswalk to parade their fashion. At first glance the Citayam Fashion Week portrayed in Makassar, a small city in an outlying province, is tiny compared to the scale of the movement in Jakarta. The news report shows half a dozen young males in feminine clothing and makeup. Aside from several cars in the background, there is no observable traffic that the process seems to interrupt. The news report portrays several Indonesian policewomen, all veiled, assisting and accompanying the young fashionistas. The reporter explains that the policewomen go 'hand in hand' (menggandeng) with the fashionistas. The police attempt to harness the creative energy of the youth and turn them into traffic ambassadors (duta lalu lintas). Perhaps it is going too far to state, but the term for traffic here, lalu lintas ("lalu" means to pass by or pass through, and "lintas" means "to cross"), implies that the police are assisting them in crossing thresholds. In any case, from the perspective we have adopted in this chapter, Citayam Fashion Week can be analysed in terms of thresholds as a literal road crossing turned into a place where youth can cross over gender norms and class barriers. The policewomen, with their soft, feminine abilities, attempt to transform them into exemplary citizens. Discussion: Morality, Skin, and Borders In this article, we have actually passed over two apparent contradictions in Indonesian society. In the early 2000s, Indonesian policewomen recruits were required to prove their modesty by passing a virginity test in which their hymen was inspected. Yet, at the same time they needed to be attractive. And, moreover, they were not allowed to wear the Muslim veil. They had to be modest and protect themselves from male lust but also good-looking and visible to others. The other contradiction relates to a single crosswalk or zebra crossing in downtown Jakarta, Indonesia's capital city, in 2022. Instead of using this zebra crossing simply as a place to cross the road, some youths turned it to their own ends as an impromptu 'catwalk' and posted images of their fashion on Instagram. A kind of social movement has emerged whereby Indonesian youth are fashioning their identity that contravenes gender expectations. In an inconsequential news report on the Citayam Fashion Week in Makassar, policewomen were portrayed as co-opting and redirecting the movement into an instructional opportunity in orderly road crossing. The youths could thereby transformed into good citizens. Although the two phenomena – attractive modest police virgins and a crosswalk that became a catwalk – might seem distinct, underlying the paradoxes are similar issues which can be teased out by analysing them in terms of morality, gender, and clothing in relation to borders, buffer zones, and thresholds. Veils, hymens, clothes, make-up are all politically positioned as borders worth fighting for, as necessary borders. While some border disputes can be won (such as policewomen winning the right to veil on duty, or disrupting traffic by parading one's gender-bending fashion), others are either not challenged or unsuccessfully challenged (such as ending virginity tests). These borders of moral encounter enable and provoke various responses: the ban on veiling for Indonesian policewomen was something to challenge as it undermined women’s moral position and stopped their expression of piety – things their nation wanted them to be able to do. But fighting to stop virginity testing was not permissible because even suggesting a contestation implies immorality. Only the immoral could want to get rid of virginity tests. The Citayam Fashion Week presented potentially immoral youths who corrupt national values, but with the help of policewomen, literally and figuratively holding their hand, they could be transformed into worthwhile citizens. National values were at stake in clothing and skin. Conclusion Borders and buffer zone are crucial to a nation's image of itself; whether in the geographical shape of one's country, or in clothes and skin. Douglas suggests that the human experience of boundaries can symbolise society. If she is correct, Indonesian nationalist ideas about clothing, skin, and even hymens shape how Indonesians understand their own nation. Through the three case studies we argued firstly for the importance of analysing the fashioning of the body not only as a form of border maintenance, but as truly at the centre of understanding national morality in Indonesia. Secondly, the national border may also be a way to remake the individual. People see themselves in the 'shape' of their country. As Bille stated "like skin, borders are a protective integument as well as a surface of inscription. Like the body, the nation is skin deep" (71). Thresholds are just as they imply. Passing through a threshold, we cross over one side of the border. We can potentially occupy an in-between status in, for instance, demilitarised zones. Or we can continue on to the other side. To go over a threshold such as becoming a policewoman, a teenager, a fashionista, and a mini celebrity, a good citizen can be constituted through re-fashioning the body. Fashioning one's body can be done through adorning skin with makeup or clothes, covering or revealing the skin, including particular parts of the body deemed sacred, such as the aurat, or by maintaining a special type of skin such as the hymen. The skin that is re-fashioned thus becomes a site of border contention that we argue define not only personal but national identity. Acknowledgment This article was first presented by Sharyn Graham Davies as a plenary address on 24 November 2021 as part of the Women in Asia conference. References BBC News. "Hungarian Camerawoman Who Kicked Refugees Charged." 8 Sep. 2016. 3 Oct 2022 <https://www.bbc.com/news/world-europe-37304489>. Bennett, Linda Rae. "Zina and the Enigma of Sex Education for Indonesian Muslim Youth." Sex Education 7.4 (2007): 371- 386. Bille, Franck. "Skinworlds: Borders, Haptics, Topologies." Environment and Planning D: Society & Space 36.1 (2017): 60-77. Davies, Sharyn Graham. "Skins of Morality: Bio-borders, Ephemeral Citizenship and Policing Women in Indonesia." Asian Studies Review 42.1 (2018): 69-88. Davies, Sharyn Graham, Louise M. Stone, and John Buttle. "Covering Cops: Critical Reporting of Indonesian Police Corruption." Pacific Journalism Review 22 (2016): 185-201. Douglas, Mary. "External Boundaries." In Purity and Danger: An Analysis of the Concepts of Taboo and Pollution. London: Routlege, 2002. 115-129. Entwistle, Joanne. "Preface to the Second Edition." In The Fashioned Body: Fashion, Dress and Social Theory. New York: Polity Press, 2015. 2-26. Geertz, Clifford. "Ideology as a Cultural System." In The Interpretation of Cultures. New York: Basic Books, 1973. 193-233. Human Rights Watch. "Indonesia: No End to Abusive ‘Virginity Tests’; Military, Police Claim Discriminatory Practice Is for ‘Morality Reasons." 22 Nov. 2017. 3 Oct. 2022 <https://www.hrw.org/news/2017/11/22/indonesia-no-end-abusive-virginity-tests>. King, Emerald L., and Monika Winarnita. "Fashion: Editorial." M/C Journal 25.4 (2022). Kompas TV. "Fenomena 'Citayam Fashion Week' Menular ke Makassar, Muda-mudi Ini Dijadikan Duta Lalu Lintas.” 29 July 2022 <https://www.kompas.tv/article/314063/fenomena-citayam-fashion-week-menular-ke-makassar-muda-mudi-ini-dijadikan-duta-lalu-lintas>. Leach, E.R. "Magical Hair." The Journal of the Royal Anthropological Institute of Great Britain and Ireland 88.2 (1958): 147-164. Parker, Lyn. "To Cover the Aurat: Veiling, Sexual Morality and Agency among the Muslim Minangkabau, Indonesia." Intersections 16 (2008). <http://intersections.anu.edu.au/issue16/parker.htm>. Saraswati, Asri. Citayam Fashion Week: The Class Divide and the City. 2 Aug. 2022. 3 Oct. 2002 <https://indonesiaatmelbourne.unimelb.edu.au/citayam-fashion-week-class-divide-and-the-city/>. Souisa, Hellena, and Natasya Salim. "At Citayam Fashion Week, Jakarta's Budget Fashionistas Get Their Turn on the Catwalk." ABC News 7 Aug. 2022. 3 Oct 2022. <https://www.abc.net.au/news/2022-08-07/citayam-fashion-week-indonesia-underprivileged/101291202>. Tambiah, Stanley Jeyaraja. "The Galactic Polity: The Structure of Traditional Kingdoms in Southeast Asia." The Annals of the New York Academy of Sciences 293 (1977): 69-97. Turner, Victore W. "Betwixt and Between: The Liminal Period in Rites de Passage." In William Armand Lessa and Evon Zartman Vogt (eds.), Reader in Comparative Religion: An Anthropological Approach. London: Harper Collins, 1979 [1964]. 234-243. Van Gennep, Arnold. The Rites of Passage. London: Routledge 2004.

Photo by Jo-Anne McArthur on Unsplash ABSTRACT The UK-based campaign group Scrap Factory Farming has launched a legal challenge against industrial animal agriculture; the challenge is in the process of judicial review. While a fringe movement, Scrap Factory Farming has already accrued some serious backers, including the legal team of Michael Mansfield QC. The premise is that factory farming is a danger not just to animals or the environment but also to human health. According to its stated goals, governments should be given until 2025 to phase out industrialized “concentrated animal feeding organizations” (CAFOs) in favor of more sustainable and safer agriculture. This paper will discuss the bioethical issues involved in Scrap Factory Farming’s legal challenge and argue that an overhaul of factory farming is long overdue. INTRODUCTION A CAFO is a subset of animal feeding operations that has a highly concentrated animal population. CAFOs house at least 1000 beef cows, 2500 pigs, or 125,000 chickens for at least 45 days a year. The animals are often confined in pens or cages to use minimal energy, allowing them to put on as much weight as possible in as short a time. The animals are killed early relative to their total lifespans because the return on investment (the amount of meat produced compared to animal feed) is a curve of diminishing returns. CAFOs’ primary goal is efficiency: fifty billion animals are “processed” in CAFOs every year. The bioethical questions raised by CAFOs include whether it is acceptable to kill the animals, and if so, under what circumstances, whether the animals have rights, and what animal welfare standards should apply. While there are laws and standards in place, they tend to reflect the farm lobby and fail to consider broader animal ethics. Another critical issue applicable to industrial animal agriculture is the problem of the just distribution of scarce resources. There is a finite amount of food that the world can produce, which is, for the moment, approximately enough to go around.[1] The issue is how it goes around. Despite there being enough calories and nutrients on the planet to give all a comfortable life, these calories and nutrients are distributed such that there is excess and waste in much of the global North and rampant starvation and malnutrition in the global South. The problem of distribution can be solved in two ways: either by efficient and just distribution or by increasing net production (either increase productivity or decrease waste) so that even an inefficient and unjust distribution system will probably meet the minimum nutritional standards for all humans. This essay explores four bioethical fields (animal ethics, climate ethics, workers’ rights, and just distribution) as they relate to current industrial agriculture and CAFOs. l. Animal Ethics Two central paradigms characterize animal ethics: welfarism and animal rights. These roughly correspond to the classical frameworks of utilitarianism and deontology. Welfarists[2] hold the common-sense position that animals must be treated well and respected as individuals but do not have inalienable rights in the same ways as humans. A typical welfare position might be, “I believe that animals should be given the best life possible, but there is no inherent evil in using animals for food, so long as they are handled and killed humanely.” Animal rights theorists and activists, on the other hand, would say, “I believe non-human animals should be given the best lives possible, but we should also respect certain rights of theirs analogous to human rights: they should never be killed for food, experimented upon, etc.” Jeremy Bentham famously gave an early exposition of the animal rights case: “The question is not Can they reason?, nor Can they talk?, but Can they suffer? Why should the law refuse its protection to any sensitive being?” Those who take an animal welfare stance have grounds to oppose the treatment of animals in CAFOs as opposed to more traditional grass-fed animal agriculture. CAFOs cannot respect the natural behaviors or needs of animals who evolved socially for millions of years in open plains. If more space was allowed per animal or more time for socialization and other positive experiences in the animal’s life, the yield of the farm would drop. This is not commercially viable in a competitive industry like animal agriculture; thus, there is very little incentive for CAFOs to treat animals well. Rampant abuse is documented.[3] Acts of cruelty are routine: pigs often have teeth pulled and tails docked because they often go mad in their conditions and attempt to cannibalize each other; chickens have their beaks clipped to avoid them pecking at each other, causing immense pain; cows and bulls have their horns burned off to avoid them damaging others (as this damages the final meat product, too); male chicks that hatch in the egg industry are ground up in a macerator, un-anaesthetized, in the first 24 hours of their life as they will not go on to lay eggs. These practices vary widely among factory farms and among jurisdictions. Yet, arguably, the welfare of animals cannot be properly respected because all CAFOs fundamentally see animals as mere products-in-the-making instead of the complex, sentient, and emotional individuals science has repeatedly shown them to be.[4] ll. Climate Ethics The climate impact of farming animals is increasingly evident. Around 15-20 percent of human-made emissions come from animal agriculture.[5] and deforestation to create space for livestock grazing or growing crops to feed farm animals. An average quarter-pound hamburger uses up to six kilograms of feed, causes 66 square feet of deforestation, and uses up to 65 liters of water, with around 4kg of carbon emissions to boot – a majority of which come from the cattle themselves (as opposed to food processing or food miles).[6] According to environmentalist George Monbiot, “Even if you shipped bananas six times around the planet, their impact would be lower than local beef and lamb.”[7] The disparity between the impact of animal and plant-based produce is stark. Not all animal products are created equally. Broadly, there are two ways to farm animals: extensive or intensive farming. Extensive animal farming might be considered a “traditional” way of farming: keeping animals in large fields, as naturally as possible, often rotating them between different areas to not overgraze any one pasture. However, its efficiency is much lower than intensive farming – the style CAFOs use. Intensive animal farming is arguably more environmentally efficient. That is, CAFOs produce more output per unit of natural resource input than extensive systems do. However, environmental efficiency is relative rather than absolute, as the level of intensive animal agriculture leads to large-scale deforestation to produce crops for factory-farmed animals. CAFOs are also point-sources of pollution from the massive quantities of animal waste produced – around 1,000,000 tons per day in the US alone, triple the amount of all human waste produced per day – which has significant negative impacts on human health in the surrounding areas.[8] The environmental impacts of CAFOs must be given serious ethical consideration using new frameworks in climate ethics and bioethics. One example of a land ethic to guide thinking in this area is that “[it] is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.”[9] It remains to be seen whether CAFOs can operate in a way that respects and preserves “integrity, stability, and beauty” of their local ecosystem, given the facts above. The pollution CAFOs emit affects the surrounding areas. Hog CAFOs are built disproportionately around predominantly minority communities in North Carolina where poverty rates are high.[10] Animal waste carries heavy metals, infectious diseases, and antibiotic-resistant pathogens into nearby water sources and houses. lll. Workers’ Rights The poor treatment of slaughterhouse workers has been documented in the US during the COVID-19 pandemic, where, despite outbreaks of coronavirus among workers, the White House ordered that they remain open to maintain the supply of meat. The staff of slaughterhouses in the US is almost exclusively people with low socioeconomic status, ethnic minorities, and migrants.[11] Almost half of frontline slaughterhouse workers are Hispanic, and a quarter is Black. Additionally, half are immigrants, and a quarter comes from families with limited English proficiency. An eighth live in poverty, with around 45 percent below 200 percent of the poverty line. Only one-in-forty has a college degree or more, while one-in-six lacks health insurance. Employee turnover rates are around 200 percent per year.[12] Injuries are very common in the fast-moving conveyor belt environment with sharp knives, machinery, and a crowd of workers. OSHA found 17 cases of hospitalizations, two body part amputations per week, and loss of an eye every month in the American industrial meat industry. This is three times the workplace accident rate of the average American worker across all industries. Beef and pork workers are likely to suffer repetitive strain at seven times the rate of the rest of the population. One worker told the US Department of Agriculture (USDA) that “every co-worker I know has been injured at some point… I can attest that the line speeds are already too fast to keep up with. Please, I am asking you not to increase them anymore.”[13] Slaughterhouses pose a major risk to public health from zoonotic disease transmission. 20 percent of slaughterhouse workers interviewed in Kenya admit to slaughtering sick animals, which greatly increases the risk of transmitting disease either to a worker further down the production line or a consumer at the supermarket.[14] Moreover, due to poor hygienic conditions and high population density, animals in CAFOs are overfed with antibiotics. Over two-thirds of all antibiotics globally are given to animals in agriculture, predicted to increase by 66 percent by 2030.[15] The majority of these animals do not require antibiotics; their overuse creates a strong and consistent selection pressure on any present bacterial pathogens that leads to antibiotic resistance that could create devastating cross-species disease affecting even humans. The World Health Organization predicts that around 10 million humans per year could die of antibiotic-resistant diseases by 2050.[16] Many of these antibiotics are also necessary for human medical interventions, so antibiotics in animals have a tremendous opportunity cost. The final concern is that of zoonosis itself. A zoonotic disease is any disease that crosses the species boundary from animals to humans. According to the United Nations, 60 percent of all known infections and 75 percent of all emerging infections are zoonotic.[17] Many potential zoonoses are harbored in wild animals (particularly when wild animals are hunted and sold in wet markets) because of the natural biodiversity. However, around a third of zoonoses originate in domesticated animals, which is a huge proportion given the relative lack of diversity of the animals we choose to eat. Q fever, or “query fever,” is an example of a slaughterhouse-borne disease. Q fever has a high fatality rate when untreated that decreases to “just” 2 percent with appropriate treatment.[18] H1N1 (swine flu) and H5N1 (bird flu) are perhaps the most famous examples of zoonoses associated with factory farming. lV. Unjust Distribution The global distribution of food can cause suffering. According to research commissioned by the BBC, the average Ethiopian eats around seven kilograms of meat per year, and the average Rwandan eats eight.[19] This is a factor of ten smaller than the average European, while the average American clocks in at around 115 kilograms of meat per year. In terms of calories, Eritreans average around 1600kcal per day while most Europeans ingest double that. Despite enough calories on the planet to sustain its population, 25,000 people worldwide starve to death each day, 40 percent of whom are children. There are two ways to address the unjust distribution: efficient redistribution and greater net production, which are not mutually exclusive. Some argue that redistribution will lead to lower net productivity because it disincentivizes labor;[20] others argue that redistribution is necessary to respect human rights of survival and equality.[21] Instead of arguing this point, I will focus on people’s food choices and their effect on both the efficiency and total yield of global agriculture, as these are usually less discussed. Regardless of the metric used, animals always produce far fewer calories and nutrients (protein, iron, zinc, and all the others) than we feed them. This is true because of the conservation of mass. They cannot feasibly produce more, as they burn off and excrete much of what they ingest. The exact measurement of the loss varies based on the metric used. When compared to live weight, cows consume somewhere around ten times their weight. When it comes to actual edible weight, they consume up to 25 times more than we can get out of them. Cows are only around one percent efficient in terms of calorific production and four percent efficient in protein production. Poultry is more efficient, but we still lose half of all crops we put into them by weight and get out only a fifth of the protein and a tenth of the calories fed to them.[22] Most other animals lie somewhere in the middle of these two in terms of efficiency, but no animal is ever as efficient as eating plants before they are filtered through animals in terms of the nutritional value available to the world. Due to this inefficiency, it takes over 100 square meters to produce 1000 calories of beef or lamb compared to just 1.3 square meters to produce the same calories from tofu.[23] The food choices in the Western world, where we eat so much more meat than people eat elsewhere, are directly related to a reduction in the amount of food and nutrition in the rest of the world. The most influential theory of justice in recent times is John Rawls’ Original Position wherein stakeholders in an idealized future society meet behind a “veil of ignorance” to negotiate policy, not knowing the role they will play in that society. There is an equal chance of each policymaker ending up poverty-stricken or incredibly privileged; therefore, each should negotiate to maximize the outcome of all citizens, especially those worst-off in society, known as the “maximin” strategy. In this hypothetical scenario, resource distribution would be devised to be as just as possible and should therefore sway away from animal consumption. CONCLUSION Evidence is growing that animals of all sorts, including fish and certain invertebrates, feel pain in ways that people are increasingly inclined to respect, though still, climate science is more developed and often inspires more public passion than animal rights do. Workers’ rights and welfare in slaughterhouses have become mainstream topics of conversation because of the outbreaks of COVID-19 in such settings. Environmentalists note overconsumption in high-income countries, also shining a light on the starvation of much of the low-income population of the world. At the intersection of these bioethical issues lies the modern CAFO, significantly contributing to animal suffering, climate change, poor working conditions conducive to disease, and unjust distribution of finite global resources (physical space and crops). It is certainly time to move away from the CAFO model of agriculture to at least a healthy mixture of extensive agriculture and alternative (non-animal) proteins. - [1] Berners-Lee M, Kennelly C, Watson R, Hewitt CN; Current global food production is sufficient to meet human nutritional needs in 2050 provided there is radical societal adaptation. Elementa: Science of the Anthropocene. 6:52, 2018. DOI: https://doi.org/10.1525/elementa.310 [2] : Lund TB, Kondrup SV, Sandøe P. A multidimensional measure of animal ethics orientation – Developed and applied to a representative sample of the Danish public. PLoS ONE 14(2): e0211656. 2019. DOI: https://doi.org/10.1371/ journal.pone.0211656 [3] Fiber-Ostrow P & Lovell JS. Behind a veil of secrecy: animal abuse, factory farms, and Ag-Gag legislation, Contemporary Justice Review, 19:2, p230-249. 2016. DOI: 10.1080/10282580.2016.1168257 [4] Jones RC. Science, sentience, and animal welfare. Biol Philos 28, p1–30 2013. DOI: https://doi.org/10.1007/s10539-012-9351-1 [5] Twine R. Emissions from Animal Agriculture—16.5% Is the New Minimum Figure. Sustainability, 13, 6276. 2021. DOI: https://doi.org/ 10.3390/su13116276 [6] Capper JL. "Is the Grass Always Greener? Comparing the Environmental Impact of Conventional, Natural and Grass-Fed Beef Production Systems" Animals 2, no. 2: 127-143. 2012. 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IntroductionIn the wine world, authenticity is not just desired, it is actively required. That demand comes from a complex of producers, distributors and consumers, and other interested parties. Consequently, the authenticity of wine is constantly created, reworked, presented, performed, argued over, contested and appreciated.At one level, such processes have clear economic elements. A wine deemed to be an authentic “expression” of something—the soil and micro-climate in which it was grown, the environment and culture of the region from which it hails, the genius of the wine-maker who nurtured and brought it into being, the quintessential characteristics of the grape variety it is made from—will likely make much more money than one deemed inauthentic. In wine, as in other spheres, perceived authenticity is a means to garner profits, both economic and symbolic (Beverland).At another level, wine animates a complicated intertwining of human tastes, aesthetics, pleasures and identities. Discussions as to the authenticity, or otherwise, of a wine often involve a search by the discussants for meaning and purpose in their lives (Grahm). To discover and appreciate a wine felt to “speak” profoundly of the place from whence it came possibly involves a sense of superiority over others: I drink “real” wine, while you drink mass-market trash (Bourdieu). It can also create reassuring senses of ontological security: in discovering an authentic wine, expressive of a certain aesthetic and locational purity (Zolberg and Cherbo), I have found a cherishable object which can be reliably traced to one particular place on Earth, therefore possessing integrity, honesty and virtue (Fine). Appreciation of wine’s authenticity licenses the self-perception that I am sophisticated and sensitive (Vannini and Williams). My judgement of the wine is also a judgement upon my own aesthetic capacities (Hennion).In wine drinking, and the production, distribution and marketing processes underpinning it, much is at stake as regards authenticity. The social system of the wine world requires the category of authenticity in order to keep operating. This paper examines how and why this has come to be so. It considers the crafting of authenticity in long-term historical perspective. Demand for authentic wine by drinkers goes back many centuries. Self-conscious performances of authenticity by producers is of more recent provenance, and was elaborated above all in France. French innovations then spread to other parts of Europe and the world. The paper reviews these developments, showing that wine authenticity is constituted by an elaborate complex of environmental, cultural, legal, political and commercial factors. The paper both draws upon the social science literature concerning the construction of authenticity and also points out its limitations as regards understanding wine authenticity.The History of AuthenticityIt is conventional in the social science literature (Peterson, Authenticity) to claim that authenticity as a folk category (Lu and Fine), and actors’ desires for authentic things, are wholly “modern,” being unknown in pre-modern contexts (Cohen). Consideration of wine shows that such a view is historically uninformed. Demands by consumers for ‘authentic’ wine, in the sense that it really came from the location it was sold as being from, can be found in the West well before the 19th century, having ancient roots (Wengrow). In ancient Rome, there was demand by elites for wine that was both really from the location it was billed as being from, and was verifiably of a certain vintage (Robertson and Inglis). More recently, demand has existed in Western Europe for “real” Tokaji (sweet wine from Hungary), Port and Bordeaux wines since at least the 17th century (Marks).Conventional social science (Peterson, Authenticity) is on solider ground when demonstrating how a great deal of social energies goes into constructing people’s perceptions—not just of consumers, but of wine producers and sellers too—that particular wines are somehow authentic expressions of the places where they were made. The creation of perceived authenticity by producers and sales-people has a long historical pedigree, beginning in early modernity.For example, in the 17th and 18th centuries, wine-makers in Bordeaux could not compete on price grounds with burgeoning Spanish, Portuguese and Italian production areas, so they began to compete with them on the grounds of perceived quality. Multiple small plots were reorganised into much bigger vineyards. The latter were now associated with a chateau in the neighbourhood, giving the wines connotations of aristocratic gravity and dignity (Ulin). Product-makers in other fields have used the assertion of long-standing family lineages as apparent guarantors of tradition and quality in production (Peterson, Authenticity). The early modern Bordelaise did the same, augmenting their wines’ value by calling upon aristocratic accoutrements like chateaux, coats-of-arms, alleged long-term family ownership of vineyards, and suchlike.Such early modern entrepreneurial efforts remain the foundations of the very high prestige and prices associated with elite wine-making in the region today, with Chinese companies and consumers particularly keen on the grand crus of the region. Globalization of the wine world today is strongly rooted in forms of authenticity performance invented several hundred years ago.Enter the StateAnother notable issue is the long-term role that governments and legislation have played, both in the construction and presentation of authenticity to publics, and in attempts to guarantee—through regulative measures and taxation systems—that what is sold really has come from where it purports to be from. The west European State has a long history of being concerned with the fraudulent selling of “fake” wines (Anderson, Norman, and Wittwer). Thus Cosimo III, Medici Grand Duke of Florence, was responsible for an edict of 1716 which drew up legal boundaries for Tuscan wine-producing regions, restricting the use of regional names like Chianti to wine that actually came from there (Duguid).These 18th century Tuscan regulations are the distant ancestors of quality-control rules centred upon the need to guarantee the authenticity of wines from particular geographical regions and sub-regions, which are today now ubiquitous, especially in the European Union (DeSoucey). But more direct progenitors of today’s Geographical Indicators (GIs)—enforced by the GATT international treaties—and Protected Designations of Origin (PDOs)—promulgated and monitored by the EU—are French in origin (Barham). The famous 1855 quality-level classification of Bordeaux vineyards and their wines was the first attempt in the world explicitly to proclaim that the quality of a wine was a direct consequence of its defined place of origin. This move significantly helped to create the later highly influential notion that place of origin is the essence of a wine’s authenticity. This innovation was initially wholly commercial, rather than governmental, being carried out by wine-brokers to promote Bordeaux wines at the Paris Exposition Universelle, but was later elaborated by State officials.In Champagne, another luxury wine-producing area, small-scale growers of grapes worried that national and international perceptions of their wine were becoming wholly determined by big brands such as Dom Perignon, which advertised the wine as a luxury product, but made no reference to the grapes, the soil, or the (supposedly) traditional methods of production used by growers (Guy). The latter turned to the idea of “locality,” which implied that the character of the wine was an essential expression of the Champagne region itself—something ignored in brand advertising—and that the soil itself was the marker of locality. The idea of “terroir”—referring to the alleged properties of soil and micro-climate, and their apparent expression in the grapes—was mobilised by one group, smaller growers, against another, the large commercial houses (Guy). The terroir notion was a means of constructing authenticity, and denouncing de-localised, homogenizing inauthenticity, a strategy favouring some types of actors over others. The relatively highly industrialized wine-making process was later represented for public consumption as being consonant with both tradition and nature.The interplay of commerce, government, law, and the presentation of authenticity, also appeared in Burgundy. In that region between WWI and WWII, the wine world was transformed by two new factors: the development of tourism and the rise of an ideology of “regionalism” (Laferté). The latter was invented circa WWI by metropolitan intellectuals who believed that each of the French regions possessed an intrinsic cultural “soul,” particularly expressed through its characteristic forms of food and drink. Previously despised peasant cuisine was reconstructed as culturally worthy and true expression of place. Small-scale artisanal wine production was no longer seen as an embarrassment, producing wines far more “rough” than those of Bordeaux and Champagne. Instead, such production was taken as ground and guarantor of authenticity (Laferté). Location, at regional, village and vineyard level, was taken as the primary quality indicator.For tourists lured to the French regions by the newly-established Guide Michelin, and for influential national and foreign journalists, an array of new promotional devices were created, such as gastronomic festivals and folkloric brotherhoods devoted to celebrations of particular foodstuffs and agricultural events like the wine-harvest (Laferté). The figure of the wine-grower was presented as an exemplary custodian of tradition, relatively free of modern capitalist exchange relations. These are the beginnings of an important facet of later wine companies’ promotional literatures worldwide—the “decoupling” of their supposed commitments to tradition, and their “passion” for wine-making beyond material interests, from everyday contexts of industrial production and profit-motives (Beverland). Yet the work of making the wine-maker and their wines authentically “of the soil” was originally stimulated in response to international wine markets and the tourist industry (Laferté).Against this background, in 1935 the French government enacted legislation which created theInstitut National des Appellations d’Origine (INAO) and its Appelation d’Origine Controlle (AOC) system (Barham). Its goal was, and is, to protect what it defines as terroir, encompassing both natural and human elements. This legislation went well beyond previous laws, as it did more than indicate that wine must be honestly labelled as deriving from a given place of origin, for it included guarantees of authenticity too. An authentic wine was defined as one which truly “expresses” the terroir from which it comes, where terroir means both soil and micro-climate (nature) and wine-making techniques “traditionally” associated with that area. Thus French law came to enshrine a relatively recently invented cultural assumption: that places create distinctive tastes, the value of this state of affairs requiring strong State protection. Terroir must be protected from the untrammelled free market. Land and wine, symbiotically connected, are de-commodified (Kopytoff). Wine is embedded in land; land is embedded in what is regarded as regional culture; the latter is embedded in national history (Polanyi).But in line with the fact that the cultural underpinnings of the INAO/AOC system were strongly commercially oriented, at a more subterranean level the de-commodified product also has economic value added to it. A wine worthy of AOC protection must, it is assumed, be special relative to wines un-deserving of that classification. The wine is taken out of the market, attributed special status, and released, economically enhanced, back onto the market. Consequently, State-guaranteed forms of authenticity embody ambivalent but ultimately efficacious economic processes. Wine pioneered this Janus-faced situation, the AOC system in the 1990s being generalized to all types of agricultural product in France. A huge bureaucratic apparatus underpins and makes possible the AOC system. For a region and product to gain AOC protection, much energy is expended by collectives of producers and other interested parties like regional development and tourism officials. The French State employs a wide range of expert—oenological, anthropological, climatological, etc.—who police the AOC classificatory mechanisms (Barham).Terroirisation ProcessesFrench forms of legal classification, and the broader cultural classifications which underpin them and generated them, very much influenced the EU’s PDO system. The latter uses a language of authenticity rooted in place first developed in France (DeSoucey). The French model has been generalized, both from wine to other foodstuffs, and around many parts of Europe and the world. An Old World idea has spread to the New World—paradoxically so, because it was the perceived threat posed by the ‘placeless’ wines and decontextualized grapes of the New World which stimulated much of the European legislative measures to protect terroir (Marks).Paxson shows how artisanal cheese-makers in the US, appropriate the idea of terroir to represent places of production, and by extension the cheeses made there, that have no prior history of being constructed as terroir areas. Here terroir is invented at the same time as it is naturalised, made to seem as if it simply points to how physical place is directly expressed in a manufactured product. By defining wine or cheese as a natural product, claims to authenticity are themselves naturalised (Ulin). Successful terroirisation brings commercial benefits for those who engage in it, creating brand distinctiveness (no-one else can claim their product expresses that particularlocation), a value-enhancing aura around the product which, and promotion of food tourism (Murray and Overton).Terroirisation can also render producers into virtuous custodians of the land who are opposed to the depredations of the industrial food and agriculture systems, the categories associated with terroir classifying the world through a binary opposition: traditional, small-scale production on the virtuous side, and large-scale, “modern” harvesting methods on the other. Such a situation has prompted large-scale, industrial wine-makers to adopt marketing imagery that implies the “place-based” nature of their offerings, even when the grapes can come from radically different areas within a region or from other regions (Smith Maguire). Like smaller producers, large companies also decouple the advertised imagery of terroir from the mundane realities of industry and profit-margins (Beverland).The global transportability of the terroir concept—ironic, given the rhetorical stress on the uniqueness of place—depends on its flexibility and ambiguity. In the French context before WWII, the phrase referred specifically to soil and micro-climate of vineyards. Slowly it started mean to a markedly wider symbolic complex involving persons and personalities, techniques and knowhow, traditions, community, and expressions of local and regional heritage (Smith Maguire). Over the course of the 20th century, terroir became an ever broader concept “encompassing the physical characteristics of the land (its soil, climate, topography) and its human dimensions (culture, history, technology)” (Overton 753). It is thought to be both natural and cultural, both physical and human, the potentially contradictory ramifications of such understanding necessitating subtle distinctions to ward off confusion or paradox. Thus human intervention on the land and the vines is often represented as simply “letting the grapes speak for themselves” and “allowing the land to express itself,” as if the wine-maker were midwife rather than fabricator. Terroir talk operates with an awkward verbal balancing act: wine-makers’ “signature” styles are expressions of their cultural authenticity (e.g. using what are claimed as ‘traditional’ methods), yet their stylistic capacities do not interfere with the soil and micro-climate’s natural tendencies (i.e. the terroir’sphysical authenticity).The wine-making process is a case par excellence of a network of humans and objects, or human and non-human actants (Latour). The concept of terroir today both acknowledges that fact, but occludes it at the same time. It glosses over the highly problematic nature of what is “real,” “true,” “natural.” The roles of human agents and technologies are sequestered, ignoring the inevitably changing nature of knowledges and technologies over time, recognition of which jeopardises claims about an unchanging physical, social and technical order. Harvesting by machine production is representationally disavowed, yet often pragmatically embraced. The role of “foreign” experts acting as advisors —so-called “flying wine-makers,” often from New World production cultures —has to be treated gingerly or covered up. Because of the effects of climate change on micro-climates and growing conditions, the taste of wines from a particular terroir changes over time, but the terroir imaginary cannot recognise that, being based on projections of timelessness (Brabazon).The authenticity referred to, and constructed, by terroir imagery must constantly be performed to diverse audiences, convincing them that time stands still in the terroir. If consumers are to continue perceiving authenticity in a wine or winery, then a wide range of cultural intermediaries—critics, journalists and other self-proclaiming experts must continue telling convincing stories about provenance. Effective authenticity story-telling rests on the perceived sincerity and knowledgeability of the teller. Such tales stress romantic imagery and colourful, highly personalised accounts of the quirks of particular wine-makers, omitting mundane details of production and commercial activities (Smith Maguire). Such intermediaries must seek to interest their audience in undiscovered regions and “quirky” styles, demonstrating their insider knowledge. But once such regions and styles start to become more well-known, their rarity value is lost, and intermediaries must find ever newer forms of authenticity, which in turn will lose their burnished aura when they become objects of mundane consumption. An endless cycle of discovering and undermining authenticity is constantly enacted.ConclusionAuthenticity is a category held by different sorts of actors in the wine world, and is the means by which that world is held together. This situation has developed over a long time-frame and is now globalized. Yet I will end this paper on a volte face. Authenticity in the wine world can never be regarded as wholly and simply a social construction. One cannot directly import into the analysis of that world assumptions—about the wholly socially constructed nature of phenomena—which social scientific studies of other domains, most notably culture industries, work with (Peterson, Authenticity). Ways of thinking which are indeed useful for understanding the construction of authenticity in some specific contexts, cannot just be applied in simplistic manners to the wine world. When they are applied in direct and unsophisticated ways, such an operation misses the specificities and particularities of wine-making processes. These are always simultaneously “social” and “natural”, involving multiple forms of complex intertwining of human actions, environmental and climatological conditions, and the characteristics of the vines themselves—a situation markedly beyond beyond any straightforward notion of “social construction.”The wine world has many socially constructed objects. But wine is not just like any other product. Its authenticity cannot be fabricated in the manner of, say, country music (Peterson, Country). Wine is never in itself only a social construction, nor is its authenticity, because the taste, texture and chemical elements of wine derive from complex human interactions with the physical environment. Wine is partly about packaging, branding and advertising—phenomena standard social science accounts of authenticity focus on—but its organic properties are irreducible to those factors. Terroir is an invention, a label put on to certain things, meaning they are perceived to be authentic. But the things that label refers to—ranging from the slope of a vineyard and the play of sunshine on it, to how grapes grow and when they are picked—are entwined with human semiotics but not completely created by them. A truly comprehensive account of wine authenticity remains to be written.ReferencesAnderson, Kym, David Norman, and Glyn Wittwer. “Globalization and the World’s Wine Markets: Overview.” Discussion Paper No. 0143, Centre for International Economic Studies. Adelaide: U of Adelaide, 2001.Barham, Elizabeth. “Translating Terroir: The Global Challenge of French AOC Labelling.” Journal of Rural Studies 19 (2003): 127–38.Beverland, Michael B. “Crafting Brand Authenticity: The Case of Luxury Wines.” Journal of Management Studies 42.5 (2005): 1003–29.Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. London: Routledge, 1992.Brabazon, Tara. “Colonial Control or Terroir Tourism? 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Baltimore: Johns Hopkins UP, 2003.Hennion, Antoine. “The Things That Bind Us Together.”Cultural Sociology 1.1 (2007): 65–85.Kopytoff, Igor. “The Cultural Biography of Things: Commoditization as a Process." The Social Life of Things: Commodities in Cultural Perspective. Ed. Arjun Appadurai. Cambridge: Cambridge UP, 1986. 64–91.Laferté, Gilles. “End or Invention of Terroirs? Regionalism in the Marketing of French Luxury Goods: The Example of Burgundy Wines in the Inter-War Years.” Working Paper, Centre d’Economie et Sociologie Appliquées a l’Agriculture et aux Espaces Ruraux, Dijon.Latour, Bruno. We Have Never Been Modern. Harvard: Harvard UP, 1993.Lu, Shun and Gary A. 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“There is nothing more public than privacy.” (Berlant and Warner, Sex) How did it come to this? How did it happen that a one-off, two-hour event at a public swimming pool in a suburb of outer Melbourne ignited international hate mail and generated media-fanned political anguish and debate about the proper use of public spaces? In 2010, women who attend a women’s only swim session on Sunday evenings at the Dandenong Oasis public swimming pool asked the pool management and the local council for permission to celebrate the end of Ramadan at the pool during the time of their regular swim session. The request was supported by the pool managers and the council and promoted by both as an opportunity for family and friends to get together in a spirit of multicultural learning and understanding. Responding to criticisms of the event as an unreasonable claim on public facilities by one group, the Mayor of the City of Greater Dandenong, Jim Memeti, rejected claims that this event discriminates against non-Muslim residents of the suburb. But here’s the rub. The event, to be held after hours at the pool, requires all participants older than ten years of age to follow a dress code of knee-length shorts and T-shirts. This is a suburban moment that is borne of but exceeds the local. It reflects and responds to a contemporary global conundrum of great political and theoretical significance—how to negotiate and govern the relations between multiculturalism, religion, gender, sexual freedom, and democracy. Specifically this event speaks to how multicultural democracy in the public sphere negotiates the public presence and expression of different cultural and religious frameworks related to gender and sexuality. This is demanding political stuff. Situated in the messy political and theoretical terrains of the relation between public space and the public sphere, this local moment called for political judgement about how cultural differences should be allowed to manifest in and through public space, giving consideration to the potential effects of these decisions on an inclusive multicultural democracy. The local authorities in Dandenong engaged in an admirable process of democratic labour as they puzzled over how to make decisions that were responsible and equitable, in the absence of a rulebook or precedents for success. Ultimately however this mode of experimental decision-making, which will become increasingly necessary to manage such predicaments in the future, was foreclosed by unwarranted and unhelpful media outrage. "Foreclosed" here stresses the preemptive nature of the loss; a lost opportunity for trialing approaches to governing cultural diversity that may fail, but might then be modified. It was condemned in advance of either success or failure. The role of the media rather than the discomfort of the local publics has been decisive in this event.This Multicultural SuburbDandenong is approximately 30 kilometres southeast of central Melbourne. Originally home to the Bunorong People of the Kulin nation, it was settled by pastoralists by the 1800s, heavily industrialised during the twentieth century, and now combines cultural diversity with significant social disadvantage. The City of Greater Dandenong is proud of its reputation as the most culturally and linguistically diverse municipality in Australia. Its population of approximately 138,000 comprises residents from 156 different language groups. More than half (56%) of its population was born overseas, with 51% from nations where English is not the main spoken language. These include Vietnam, Cambodia, Sri Lanka, India, China, Italy, Greece, Bosnia and Afghanistan. It is also a place of significant religious diversity with residents identifying as Buddhist (15 per cent) Muslim (8 per cent), Hindu (2 per cent) and Christian (52 per cent) [CGD]. Its city logo, “Great Place, Great People” evokes its twin pride in the placemaking power of its diverse population. It is also a brazen act of civic branding to counter its reputation as a derelict and dangerous suburb. In his recent book The Bogan Delusion, David Nichols cites a "bogan" website that names Dandenong as one of Victoria’s two most bogan areas. The other was Moe. (p72). The Sunday Age newspaper had already depicted Dandenong as one of two excessively dangerous suburbs “where locals fear to tread” (Elder and Pierik). The other suburb of peril was identified as Footscray.Central Dandenong is currently the site of Australia’s largest ever state sponsored Urban Revitalisation program with a budget of more than $290 million to upgrade infrastructure, that aims to attract $1billion in private investment to provide housing and future employment.The Cover UpIn September 2010, the Victorian and Civil and Administrative Appeals Tribunal (VCAT) granted the YMCA an exemption from the Equal Opportunity Act to allow a dress code for the Ramadan event at the Oasis swimming pool that it manages. The "Y" sees the event as “an opportunity for the broader community to learn more about Ramadan and the Muslim faith, and encourages all members of Dandenong’s diverse community to participate” (YMCA Ramadan). While pool management and the municipal council refer to the event as an "opening up" of the closed swimming session, the media offer a different reading of the VCAT decision. The trope of the "the cover up" has framed most reports and commentaries (Murphy; Szego). The major focus of the commentaries has not been the event per se, but the call to dress "appropriately." Dress codes however are a cultural familiar. They exist for workplaces, schools, nightclubs, weddings, racing and sporting clubs and restaurants, to name but a few. While some of these codes or restrictions are normatively imposed rather than legally required, they are not alien to cultural life in Australia. Moreover, there are laws that prohibit people from being meagerly dressed or naked in public, including at beaches, swimming pools and so on. The dress code for this particular swimming pool event was, however, perceived to be unusual and, in a short space of time, "unusual" converted to "social threat."Responses to media polls about the dress code reveal concerns related to the symbolic dimensions of the code. The vast majority of those who opposed the Equal Opportunity exemption saw it as the thin edge of the multicultural wedge, a privatisation of public facilities, or a denial of the public’s right to choose how to dress. Tabloid newspapers reported on growing fears of Islamisation, while the more temperate opposition situated the decision as a crisis of human rights associated with tolerating illiberal cultural practices. Julie Szego reflects this view in an opinion piece in The Age newspaper:the Dandenong pool episode is neither trivial nor insignificant. It is but one example of human rights laws producing outcomes that restrict rights. It raises tough questions about how far public authorities ought to go in accommodating cultural practices that sit uneasily with mainstream Western values. (Szego)Without enquiring into the women’s request and in the absence of the women’s views about what meaning the event held for them, most media commentators and their electronically wired audiences treated the announcement as yet another alarming piece of evidence of multicultural failure and the potential Islamisation of Australia. The event raised specific concerns about the double intrusion of cultural difference and religion. While the Murdoch tabloid Herald Sun focused on the event as “a plan to force families to cover up to avoid offending Muslims at a public event” (Murphy) the liberal Age newspaper took a more circumspect approach, reporting on its small vox pop at the Dandenong pool. Some people here referred to the need to respect religions and seemed unfazed by the exemption and the event. Those who disagreed thought it was important not to enforce these (dress) practices on other people (Carey).It is, I believe, significant that several employees of the local council informed me that most of the opposition has come from the media, people outside of Dandenong and international groups who oppose the incursion of Islam into non-Islamic settings. Opposition to the event did not appear to derive from local concern or opposition.The overwhelming majority of Herald Sun comments expressed emphatic opposition to the dress code, citing it variously as unAustralian, segregationist, arrogant, intolerant and sexist. The Herald Sun polled readers (in a self-selecting and of course highly unrepresentative on-line poll) asking them to vote on whether or not they agreed with the VCAT exemption. While 5.52 per cent (512 voters) agreed with the ruling, 94.48 per cent (8,760) recorded disagreement. In addition, the local council has, for the first time in memory, received a stream of hate-mail from international anti-Islam groups. Muslim women’s groups, feminists, the Equal Opportunity Commissioner and academics have also weighed in. According to local reports, Professor of Islamic Studies at the University of Melbourne, Shahram Akbarzadeh, considered the exemption was “nonsense” and would “backfire and the people who will pay for it will be the Muslim community themselves” (Haberfield). He repudiated it as an example of inclusion and tolerance, labeling it “an effort of imposing a value system (sic)” (Haberfield). He went so far as to suggest that, “If Tony Abbott wanted to participate in his swimwear he wouldn’t be allowed in. That’s wrong.” Tasneem Chopra, chairwoman of the Islamic Women’s Welfare Council and Sherene Hassan from the Islamic Council of Victoria, both expressed sensitivity to the group’s attempt to establish an inclusive event but would have preferred the dress code to be a matter of choice rather coercion (Haberfield, "Mayor Defends Dandenong Pool Cover Up Order"). Helen Szoke, the Commissioner of the Victorian Equal Opportunity and Human Rights Commission, defended the pool’s exemption from the Law that she oversees. “Matters such as this are not easy to resolve and require a balance to be achieved between competing rights and obligations. Dress codes are not uncommon: e.g., singlets, jeans, thongs etc in pubs/hotels” (in Murphy). The civil liberties organisation, Liberty Victoria, supported the ban because the event was to be held after hours (Murphy). With astonishing speed this single event not only transformed the suburban swimming pool to a theatre of extra-local disputes about who and what is entitled to make claims on public space and publically funded facilities, but also fed into charged debates about the future of multiculturalism and the vulnerability of the nation to the corrosive effects of cultural and religious difference. In this sense suburbs like Dandenong are presented as sites that not only generate fear about physical safety but whose suburban sensitivities to its culturally diverse population represent a threat to the safety of the nation. Thus the event both reflects and produces an antipathy to cultural difference and to the place where difference resides. This aversion is triggered by and mediated in this case through the figure, rather than the (corpo)reality, of the Muslim woman. In this imagining, the figure of the Muslim woman is assigned the curious symbolic role of "cultural creep." The debates around the pool event is not about the wellbeing or interests of the Muslim women themselves, nor are broader debates about the perceived, culturally-derived restrictions imposed on Muslim women living in Australia or other western countries. The figure of the Muslim woman is, I would argue, simply the ground on which the debates are held. The first debate relates to social and public space, access to which is considered fundamental to freedom and participatory democracy, and in current times is addressed in terms of promoting inclusion, preventing exclusion and finding opportunities for cross cultural encounters. The second relates not to public space per se, but to the public sphere or the “sphere of private people coming together as a public” for political deliberation (Habermas 21). The literature and discussions dealing with these two terrains have remained relatively disconnected (Low and Smith) with public space referring largely to activities and opportunities in the socio-cultural domain and the public sphere addressing issues of politics, rights and democracy. This moment in Dandenong offers some modest leeway for situating "the suburb" as an ideal site for coalescing these disparate discussions. In this regard I consider Iveson’s provocative and productive question about whether some forms of exclusions from suburban public space may actually deepen the democratic ideals of the public sphere. Exclusions may in such cases be “consistent with visions of a democratically inclusive city” (216). He makes his case in relation to a dispute about the exclusion of men exclusion from a women’s only swimming pool in the Sydney suburb of Coogee. The Dandenong case is similarly exclusive with an added sense of exclusion generated by an "inclusion with restrictions."Diversity, Difference, Public Space and the Public SphereAs a prelude to this discussion of exclusion as democracy, I return to the question that opened this article: how did it come to this? How is it that Australia has moved from its renowned celebration and pride in its multiculturalism so much in evidence at the suburban level through what Ghassan Hage calls an “unproblematic” multiculturalism (233) and what others have termed “everyday multiculturalism” (Wise and Velayutham). Local cosmopolitanisms are often evinced through the daily rituals of people enjoying the ethnic cuisines of their co-residents’ pasts, and via moments of intercultural encounter. People uneventfully rub up against and greet each other or engage in everyday acts of kindness that typify life in multicultural suburbs, generating "reservoirs of hope" for democratic and cosmopolitan cities (Thrift 147). In today’s suburbs, however, the “Imperilled Muslim women” who need protection from “dangerous Muslim men” (Razack 129) have a higher discursive profile than ethnic cuisine as the exemplar of multiculturalism. Have we moved from pleasure to hostility or was the suburban pleasure in racial difference always about a kind of “eating the other” (bell hooks 378). That is to ask whether our capacity to experience diversity positively has been based on consumption, consuming the other for our own enrichment, whereas living with difference entails a commitment not to consumption but to democracy. This democratic multicultural commitment is a form of labour rather than pleasure, and its outcome is not enrichment but transformation (although this labour can be pleasurable and transformation might be enriching). Dandenong’s prized cultural precincts, "Little India" and the "Afghan bazaar" are showcases of food, artefacts and the diversity of the suburb. They are centres of pleasurable and exotic consumption. The pool session, however, requires one to confront difference. In simple terms we can think about ethnic food, festivals and handicrafts as cultural diversity, and the Muslim woman as cultural difference.This distinction between diversity and difference is useful for thinking through the relation between multiculturalism in public space and multicultural democracy of the public sphere. According to the anthropologist Thomas Hylland Eriksen, while a neoliberal sensibility supports cultural diversity in the public space, cultural difference is seen as a major cause of social problems associated with immigrants, and has a diminishing effect on the public sphere (14). According to Eriksen, diversity is understood as aesthetic, or politically and morally neutral expressions of culture that are enriching (Hage 118) or digestible. Difference, however, refers to morally objectionable cultural practices. In short, diversity is enriching. Difference is corrosive. Eriksen argues that differences that emerge from distinct cultural ideas and practices are deemed to create conflicts with majority cultures, weaken social solidarity and lead to unacceptable violations of human rights in minority groups. The suburban swimming pool exists here at the boundary of diversity and difference, where the "presence" of diverse bodies may enrich, but their different practices deplete and damage existing culture. The imperilled Muslim woman of the suburbs carries a heavy symbolic load. She stands for major global contests at the border of difference and diversity in three significant domains, multiculturalism, religion and feminism. These three areas are positioned simultaneously in public space and of the public sphere and she embodies a specific version of each in this suburban setting. First, there a global retreat from multiculturalism evidenced in contemporary narratives that describe multiculturalism (both as official policy and unofficial sensibility) as failed and increasingly ineffective at accommodating or otherwise dealing with religious, cultural and ethnic differences (Cantle; Goodhart; Joppke; Poynting and Mason). In the UK, Europe, the US and Australia, popular media sources and political discourses speak of "parallel lives,"immigrant enclaves, ghettoes, a lack of integration, the clash of values, and illiberal cultural practices. The covered body of the Muslim woman, and more particularly the Muslim veil, are now read as visual signs of this clash of values and of the refusal to integrate. Second, religion has re-emerged in the public domain, with religious groups and individuals making particular claims on public space both on the basis of their religious identity and in accord with secular society’s respect for religious freedom. This is most evident in controversies in France, Belgium and Netherlands associated with banning niqab in public and other religious symbols in schools, and in Australia in court. In this sense the covered Muslim woman raises concerns and indignation about the rightful place of religion in the public sphere and in social space. Third, feminism is increasingly invoked as the ground from which claims about the imperilled Muslim woman are made, particularly those about protecting women from their dangerous men. The infiltration of the Muslim presence into public space is seen as a threat to the hard won gains of women’s freedom enjoyed by the majority population. This newfound feminism of the public sphere, posited by those who might otherwise disavow feminism, requires some serious consideration. This public discourse rarely addresses the discrimination, violation and lack of freedom experienced systematically on an everyday basis by women of majority cultural backgrounds in western societies (such as Australia). However, the sexism of racially and religiously different men is readily identified and decried. This represents a significant shift to a dubious feminist register of the public sphere such that: “[w]omen of foreign origin, ...more specifically Muslim women…have replaced the traditional housewife as the symbol of female subservience” (Tissot 41–42).The three issues—multiculturalism, religion and feminism—are, in the Dandenong pool context, contests about human rights, democracy and the proper use of public space. Szego’s opinion piece sees the Dandenong pool "cover up" as an example of the conundrum of how human rights for some may curtail the human rights of others and lead us into a problematic entanglement of universal "rights," with claims of difference. In her view the combination of human rights and multiculturalism in the case of the Dandenong Pool accommodates illiberal practices that put the rights of "the general public" at risk, or as she puts it, on a “slippery slope” that results in a “watering down of our human rights.” Ideas that entail women making a claim for private time in public space are ultimately not good for "us."Such ideas run counter to the West's more than 500-year struggle for individual freedom—including both freedom of religion and freedom from religion—and for gender equality. Our public authorities ought to be pushing back hardest when these values are under threat. Yet this is precisely where they've been buckling under pressure (Szego)But a different reading of the relation between public and private space, human rights, democracy and gender freedom is readily identifiable in the Dandenong event—if one looks for it. Living with difference, I have already suggested, is a problem of democracy and the public sphere and does not so easily correspond to consuming diversity, as it demands engagement with cultural difference. In what remains, I explore how multicultural democracy in the public sphere and women’s rights in public and private realms relate, firstly, to the burgeoning promise of democracy and civility that might emerge in public space through encounter and exchange. I also point out how this moment in Dandenong might be read as a singular contribution to dealing with this global problematic of living with difference; of democracy in the public sphere. Public urban space has become a focus for speculation among geographers and sociologists in particular, about the prospects for an enhanced civic appreciation of living with difference through encountering strangers. Random and repetitious encounters with people from all cultures typify contemporary urban life. It remains an open question however as to whether these encounters open up or close down possibilities for conviviality and understanding, and whether they undo or harden peoples’ fears and prejudices. There is, however, at least in some academic and urban planning circles, some hope that the "throwntogetherness" (Massey) and the "doing" of togetherness (Laurier and Philo) found in the multicultural city may generate some lessons and opportunities for developing a civic culture and political commitment to living with difference. Alongside the optimism of those who celebrate the city, the suburb, and public spaces as forging new ways of living with difference, there are those such as Gill Valentine who wonder how this might be achieved in practice (324). Ash Amin similarly notes that city or suburban public spaces are not necessarily “the natural servants of multicultural engagement” (Ethnicity 967). Amin and Valentine point to the limited or fleeting opportunities for real engagement in these spaces. Moreover Valentine‘s research in the UK revealed that the spatial proximity found in multicultural spaces did not so much give rise to greater mutual respect and engagement, but to a frustrated “white self-segregation in the suburbs.” She suggests therefore that civility and polite exchange should not be mistaken for respect (324). Amin contends that it is the “micro-publics” of social encounters found in workplaces, schools, gardens, sports clubs [and perhaps swimming pools] rather than the fleeting encounters of the street or park, that offer better opportunities for meaningful intercultural exchange. The Ramadan celebration at the pool, with its dress code and all, might be seen more fruitfully as a purposeful event engaging a micro-public in which people are able to “break out of fixed relations and fixed notions” and “learn to become different” (Amin, Ethnicity 970) without that generating discord and resentment.Micropublics, Subaltern Publics and a Democracy of (Temporary) ExclusionsIs this as an opportunity to bring the global and local together in an experiment of forging new democratic spaces for gender, sexuality, culture and for living with difference? More provocatively, can we see exclusion and an invitation to share in this exclusion as a precursor to and measure of, actually existing democracy? Painter and Philo have argued that democratic citizenship is questionable if “people cannot be present in public spaces (streets, squares, parks, cinemas, churches, town halls) without feeling uncomfortable, victimized and basically ‘out of place’…" (Iveson 216). Feminists have long argued that distinctions between public and private space are neither straightforward nor gender neutral. For Nancy Fraser the terms are “cultural classifications and rhetorical labels” that are powerful because they are “frequently deployed to delegitimate some interests, views and topics and to valorize others” (73). In relation to women and other subordinated minorities, the "rhetoric of privacy" has been historically used to restrict the domain of legitimate public contestation. In fact the notion of what is public and particularly notions of the "public interest" and the "public good" solidify forms of subordination. Fraser suggests the concept of "subaltern counterpublics" as an alternative to notions of "the public." These are discursive spaces where groups articulate their needs, and demands are circulated formulating their own public sphere. This challenges the very meaning and foundational premises of ‘the public’ rather than simply positing strategies of inclusion or exclusion. The twinning of Amin’s notion of "micro-publics" and Fraser’s "counterpublics" is, I suggest, a fruitful approach to interpreting the Dandenong pool issue. It invites a reading of this singular suburban moment as an experiment, a trial of sorts, in newly imaginable ways of living democratically with difference. It enables us to imagine moments when a limited democratic right to exclude might create the sorts of cultural exchanges that give rise to a more authentic and workable recognition of cultural difference. I am drawn to think that this is precisely the kind of democratic experimentation that the YMCA and Dandenong Council embarked upon when they applied for the Equal Opportunity exemption. I suggest that by trialing, rather than fixing forever a "critically exclusive" access to the suburban swimming pool for two hours per year, they were in fact working on the practical problem of how to contribute in small but meaningful ways to a more profoundly free democracy and a reworked public sphere. In relation to the similar but distinct example of the McIver pool for women and children in Coogee, New South Wales, Kurt Iveson makes the point that such spaces of exclusion or withdrawal, “do not necessarily serve simply as spaces where people ‘can be themselves’, or as sites through which reified identities are recognised—in existing conditions of inequality, they can also serve as protected spaces where people can take the risk of exploring who they might become with relative safety from attack and abuse” (226). These are necessary risks to take if we are to avoid entrenching fear of difference in a world where difference is itself deeply, and permanently, entrenched.ReferencesAmin, Ash. “Ethnicity and the Multicultural City: Living with Diversity.” Environment and Planning A 34 (2002): 959–80.———. “The Good City.” Urban Studies 43 (2006): 1009–23.Berlant, Lauren, and Michael Warner. “Sex in Public.” Critical Inquiry 24 (1998): 547–66.Cantle, Ted. Community Cohesion: A Report of the Independent Review Team. 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