Journal articles on the topic 'Special Representative on the Situation of Human Rights in Cambodia'

Even in oppressive countries, those responsible for abuses of human rights normally perform their deeds of commission and omission in private, away from the glare of publicity. Publicity and news attention encourage supporters of global human rights to address the violations of human rights of peoples and individuals. They speak up and demand action. Secrecy is a cloak for terrible crimes and violations.This is why, in the current international situation, those with responsibility for the United Nations’ efforts to advance universal human rights, and to expose violators, have increasingly looked to the media (especially international media) to support their efforts. Between the time in the 1990s when I discharged a mandate as Special Representative of the Secretary-General for Human Rights in Cambodia (1993-6) and the more recent time in which I served as Chair of the Commission of Inquiry (COI) on alleged human rights violations in the Democratic Peoples’ Republic of Korea (DPRK) (North Korea) (2013-14), I noticed a significant change in the engagement of United Nations personnel with the media. A connection with media became more intensive, more time consuming and more professional. Moreover, it is supported from the top of the Organisation. The Secretary-General of the United Nations (Ban Ki-moon), the High Commissioners for Human Rights, other agency heads and mandate-holders have become much more willing to engage with media and much more skilful in doing so. By this I mean not only local newspapers, radio and television interviews but also international media and the new social networks, blogs, Reddit and the internet generally. Together these media can bring news, information and opinions of UN experts on human rights to an audience far wider than that which, in the past, had access to UN reports on human rights concerns.

AbstractAs one of only twelve UN country-specific mandate holders, and as the longest-serving UN Special Rapporteur for Human Rights in Cambodia, my work has had a significant impact on the situation of human rights in that country, with many of my recommendations having been implemented by the government. The Parliament of Cambodia has enacted three fundamental laws designed to enhance the independence and capacity of the judiciary, and has amended the Constitution of the country to make the National Election Commission a constitutional, independent, and autonomous body, in line with my recommendations. In this paper I examine the role of the UN country-specific mandate holders, the approach that I took to implement my mandate in Cambodia, and the impact of my work in that country.

ABSTRACT:Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even though they did nothing to contribute to the situation. Such responsibility is qualified, not categorical; graduated, not binary; context-specific; practicable; consistent with the social role of business; and not merely a negative responsibility to avoid harm but a positive responsibility to do good.

In September 1986, under the auspices of the refugee Studies Programme, an international seminar on the implementation of the OAU and UN Conventions and Domestic Legislation Concerning the Rights and Obligations of Refugees in Africa was held at Oxford Univerity. There were thirty-five participants from Africa, including academics and officials nominated by seventeen African governments. A number of eminent scholars, government officials, refugees, and agency personnel from Asia, Europe and the Americas were involved. The seminar focused chiefly on refugees in Africa, but one of its purposes was to acquaint participants with law, policy, and practice in all the regions of the world affected by mass exodus. Each African government representative presented a paper on the legal situation for refugees in their country. Guest speakers reported on the situation for refugees in Southeast Asia, Pakistan, Canada, Europe, Central America, Britain, the US, and Mexico. Through films and lectures, the participants were able to consider a range of related topics: for instance, how different development models lead to oppression; the psychological consequences of authoritarian regimes; the rights of the child; the special problems of women refugees; torture; and the problems of adaptation to life in asylum.

Abstract The 2022 parliamentary elections in Hungary offered for the third time an opportunity for national minorities to elect their representative by casting a preferential vote for their Member of Parliament. However, the failure of the list of representatives of the most numerous ethnic group, the Roma, and the ruling of the European Court of Human Rights concerning the violation of multiple elements of the electoral system underscored the need for a comprehensive assessment of hitherto experience and for a reform of the preferential minority mandate and the institution of advocacy. This study aims to contribute to this process by examining the institutional framework and the electoral results, with a particular focus on the analysis of minority-related aspects of the last parliamentary elections and the situation of the Slovene national minority.

The article draws attention to the legal situation (regarding legal capacity as well as determining the disability status of a child up to 16 years of age, and the degree of disability in children aged 16–18) as well as the social situation of children with disabilities. The most important international legal acts, from the perspective of the rights of children with disabilities, were overviewed. These acts recognize children with disabilities as a special risk group, persons who encounter many barriers in their functioning, who are marginalized and threatened with exclusion. The most important goal set out in the human rights and children's rights acts, regarding children with disabilities, is to involve them in social life/participation, and to care for their best interests and wellbeing in accordance with the principles of individualization, non-discrimination and equal opportunities. Children with disabilities should be treated as subjects of upbringing, care and educational activities, their rights should be recognized, their dignity and individuality should be respected, and they should have a possibility of using a responsible representative, who cares for their best interests, i.e. a parent or guardian. The Polish legislation on the rights of children with disabilities, including the right to education of these children, have been enumerated. Selected issues concerning the education of children with disabilities have been analysed. The article lists the actions that the Ombudsman for Children took in 2017 to protect the rights of children with disabilities, in particular their right to life and health protection, the right to being raised in a family, the right to decent social conditions, the right to education, and the right to protection against violence, cruelty, exploitation, demoralization, neglect and other ill-treatment. The tasks of the Government Plenipotentiary for Equal Treatment and the Ombudsman concerning the protection of the rights of children with disabilities have been presented.

Keywords: protection of intellectual property, court, EPC of Ukraine, CPC of Ukraine, European Court of Human Rights This scientific article explores the proceduralissues of going to court in case there is a violation of intellectual property rights. Inthe process of scientific research, the issues of jurisdiction in court cases on violationof intellectual property rights have been analyzed, the legal features of jurisdiction inlawsuits for violation of intellectual property rights have been determined, requirementsfor the content of a legal claim. Based on analysis of the economic procedurallegislation, it is concluded that a person who applies to the court for infringement ofintellectual property rights may refer to the cases of the European Court of HumanRights in order to substantiate his legal position. It is indicated that in the course ofthe 2016 judicial reforms in Ukraine, the rules of judicial jurisdiction and the competenceof the court in court cases on violation of intellectual property rights werechanged. At the level of procedural law, a special court was created — the High Courtof Intellectual Property, which is empowered to judicially review cases of IP violation.The High Court of Intellectual Property has not started its work for now. The authorpoints out that this situation has a negative impact on Ukrainian judicial practiceand the practice of protecting intellectual property rights. Based on the results of the study, the author proposed his own theoretical groundsand developed proposals for improving procedural legislation regarding the possibilityof introducing alternative jurisdiction in some categories of cases of violation of intellectualproperty rights. Such legal cases include copyright infringement of an individualwho is the author or the author's representative. The legal rule on alternativejurisdiction in cases of infringement of intellectual property rights is effective if thereis a violation of IP rights in the Ukrainian temporarily occupied territories. The authorpoints out that such a legislative proposal will improve the quality of legal protectionof subjects of intellectual property rights in the temporarily occupied Ukrainianterritories.

The article analyzes the problems of implementation of the decisions of the European Court of Human Rights by Ukraine. In this context, too, the key problems and peculiarities of the current state of implementation of Ukraine’s judgments of the European Court of Human Rights are highlighted. It is emphasized that the enforcement of judgments by Ukraine is an important guarantee of ensuring the right to a fair trial. However, the lack of proper enforcement is recognized by the European Court of Human Rights as a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the problematic issue in the implementation of ECHR decisions is that the state executor, as a representative of the public authority, receives a salary from the State Budget of Ukraine, but is obliged, according to executive documents, to act against his state. Thanks to the planned reform of the State Bailiffs’ Service of Ukraine, it is envisaged to create a private system of enforcement of court decisions, since a non-governmental institution would not be more effective in this case. The problem of determining the location of the collector by the ECtHR is considered. It is suggested that in order to find out the location (location) of the collector, in accordance with the ECtHR decision, a special procedure should be provided, a list of necessary actions to be taken by a state body. In particular, such actions may be sending requests to the last known place of work. It is emphasized that legal and political risks for Ukraine are that the violating state may be subject to various sanctions, such as deprivation of voting rights or suspension of membership, up to and including exclusion from the Council of Europe. It is proved that the source of inefficient work of the executive service should be sought, first of all, in imperfect legal regulation, numerous legislative restrictions, and insufficient state costs for the implementation of ECtHR decisions. The experience of Germany on the practice of implementing ECtHR decisions is considered and it is proposed to borrow the experience of foreign countries in the current situation. It is noted that an important step of Ukraine towards European statehood is to increase the level of national protection of citizens and to adopt a law that provides for the accountability of public authorities and their officials for inaction in the implementation of ECtHR decisions. Keywords: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, judgment, enforcement, general measures.

Resumen: En este informe, entregado a la señoraMargot Wallström, Representante Especial del SecretarioGeneral de las Naciones Unidas, sobre ViolenciaSexual en Conflictos, en su visita a Colombia, en Bogotá,16 de mayo de 2012, se ofrece un contexto general de laprecaria situación de los pueblos indígenas de Colombiadebido al conflicto armado, y a la presencia de fuerzasarmadas del país en territorios donde se desarrollan macro-proyectos. Luego se narra una serie de casos emblemáticosde violencia sexual y violaciones de los derechoshumanos de las mujeres indígenas, documentados pordistintas organizaciones no-gubernamentales, y se describenlas condiciones de impunidad y falta de atenciónpor parte del sistema de justicia. Finalmente se hacenuna serie de recomendaciones, de formas cómo la señorarepresentante debe exigir al gobierno colombiano que seprotejan los derechos de las mujeres indígenas.Palabras clave: Mujeres indígenas, Colombia, pueblosindígenas, violencia sexual, conflicto armadoIndigenous Women as Invisible Victims of theArmed Conflict in Colombia. Sexual Violence as a WarStrategyAbstract: This report, given to Mrs. Margot Wallström,Special Representative of the General Secretaryof the United Nations for Sexual violence in conflicts,when she visited Bogotá on May 16, 2012, offers a generalcontext of the precarious situation of the indigenouspeoples of Colombia due to the armed conflict and to thepresence of armed forces in territories when major developmentprojects are carried out. A series of emblematiccases of sexual violence and women’s human rightsviolations is narrated, and the conditions of impunity anlack of attention on the part of the justice system. Finally,some recommendations are made about ways in whichthe Special Representative should demand the protectionof the rights of indigenous women on the part of the Colombiangovernment.Key Words: Indigenous women, Colombia, indigenouspeoples, sexual violence, armed conflict Informe presentado a la señora Margot Wallström, Representante Especial del Secretario General de las Naciones Unidas, sobre Violencia Sexual en Conflictos, en su visita a Colombia, en Bogotá, 16 de mayo de 2012. Sometido por el Concejo de Mujeres, Familias y Generaciones de la Organización Nacional Indígena de Colombia (ONIC).Traducido por Gabriela Castellanos.

In this article the author analyzes the current domestic state studies, trends and features of its development. It is concluded that legal science practically does not study the so-called blunders in state policy, ineffective strategics, failures of reforms and programs. Classical state science and its representative Aristotle called this a deviation in a state development and used the concept of a deviated (deviating) state . It is proposed to study the causes, types and forms of deviations. The author believes that this approach will allow a deeper analysis of the emerging negative trends and patterns in the European statehood development. The current global crisis, provoked by the situation in Ukraine and around it, only sharpens deviations in the European states’ development. It is emphasized that deviated state theory needs a proper development in the legal science. The problem of the state bodies activities imitation shall be central in the future theory. The author believes that many components of modern statehood do not essentially fulfill their tasks and functions, or, if they do, then partly. The relationship between society and the state is analyzed through the prism of alienation. The state is a product of society; it was created for society and is entirely indebted to it. Legal science must develop criteria for remoteness of the state from society to define the degree of alienation. Within the framework of negative trends, selectivity is also considered as a feature of modern statehood. The author understands selectivity as a special form of coercion. Such states do not carry out heavy repressions; there is a certain point of revenge on individuals, groups, organizations, etc. Among the deviations, the author refers to ignoring the role and importance of social organizations, state’s withdrawal form international human rights organizations, etc. The article ends with the author’s appeal to reasonableness as a condition for resisting deviations. Reasonableness must form the basis for statehood and legal reality. The state, its institutions must be the product of rational human activity. Mankind has long been determined in its own values, which include the state and its companion - law.

The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.

This paper seeks to explore environmental, social and governance issues arising from investment in special economic zones (SEZs) in the mainland Southeast Asian region through a mixture of thick analytical description and multiple case study approach. All the states studied here have embraced the SEZ approach as it offers rapid economic development without any implications for the political settlement, which is considered beneficial by current administrations. Particular emphasis is placed on environmental, social and governance issues in the region covered and some complex issues that have emerged. It is shown that the situation is complex and continually evolving and that there are limited constraints on the actions of corporations. Consequently, there is an opportunity for investors to set precedents and protocols on a progressive basis. 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…love is queered not when we discover it to be resistant to or more than its known forms, but when we see that there is no world that admits how it actually works as a principle of living. Lauren Berlant – “Love, A Queer Feeling” As the sun beats down on a very dusty Musgrave Park, the crowd is hushed in respect for the elder addressing us. It is Pride Fair Day and we are listening to the story of how this place has been a home for queer and black people throughout Brisbane’s history. Like so many others, this park has been a place of refuge in times when Boundary Streets marked the lines aboriginal people couldn’t cross to enter the genteel heart of Brisbane’s commercial district. The street names remain today, and even if movements across territory are somewhat less constrained, a manslaughter trial taking place nearby reminds us of the surveillance aboriginal people still suffer as a result of their refusal to stay off the streets and out of sight in homes they don’t have. In the past few years, Fair Day has grown in size. It now charges an entry fee to fence out unwelcome guests, so that those who normally live here have been effectively uninvited from the party. On this sunny Saturday, we sit and talk about these things, and wonder at the number of spaces still left in this city for spontaneous, non-commercial encounters and alliances. We could hardly have known that in the course of just a few weeks, the distance separating us from others would grow even further. During the course of Brisbane’s month-long Pride celebrations in 2007, two events affected the rights agendas of both queer and black Australians. First, The Human Rights and Equal Opportunity Commission Report, Same Sex, Same Entitlements, was tabled in parliament. Second, the Federal government decided to declare a state of emergency in remote indigenous communities in the Northern Territory in response to an inquiry on the state of aboriginal child abuse. (The full title of the report is “Ampe Akelyernemane Meke Mekarle”: Little Children are Sacred, and the words are from the Arrandic languages of the Central Desert Region of the Northern Territory. The report’s front cover also explains the title in relation to traditional law of the Yolngu people of Arnhem Land.) While the latter issue has commanded the most media and intellectual attention, and will be discussed later in this piece, the timing of both reports provides an opportunity to consider the varying experiences of two particularly marginalised groups in contemporary Australia. In a period when the Liberal Party has succeeded in pitting minority claims against one another as various manifestations of “special interests” (Brett, Gregg) this essay suggests there is a case to be made for queer and black activists to join forces against wider tendencies that affect both communities. To do this I draw on the work of American critic, Lauren Berlant, who for many years has offered a unique take on debates about citizenship in the United States. Writing from a queer theory perspective, Berlant argues that the conservative political landscape in her country has succeeded in convincing people that “the intimacy of citizenship is something scarce and sacred, private and proper, and only for members of families” (Berlant Queen 2-3). The consequence of this shift is that politics moves from being a conversation conducted in the public sphere about social issues to instead resemble a form of adjudication on the conduct of others in the sphere of private life. In this way, Berlant indicates how heteronormative culture “uses cruel and mundane strategies both to promote change from non-normative populations and to deny them state, federal, and juridical supports because they are deemed morally incompetent to their own citizenship” (Berlant, Queen 19). In relation to the so-called state of emergency in the Northern Territory, coming so soon after attempts to encourage indigenous home-ownership in the same region, the compulsion to promote change from non-normative populations currently affects indigenous Australians in ways that resonate with Berlant’s argument. While her position reacts to an environment where the moral majority has a much firmer hold on the national political spectrum, in Australia these conservative forces have no need to be so eloquent—normativity is already embedded in a particular form of “ordinariness” that is the commonsense basis for public political debate (Allon, Brett and Moran). These issues take on further significance as home-ownership and aspirations towards it have gradually become synonymous with the demonstration of appropriate citizenship under the Coalition government: here, phrases like “an interest rate election” are assumed to encapsulate voter sentiment while “the mortgage belt” has emerged as the demographic most keenly wooed by precariously placed politicians. As Berlant argues elsewhere, the project of normalization that makes heterosexuality hegemonic also entails “material practices that, though not explicitly sexual, are implicated in the hierarchies of property and propriety” that secure heteronormative privilege (Berlant and Warner 548). Inhabitants of remote indigenous communities in Australia are invited to desire and enact normal homes in order to be accepted and rewarded as valuable members of the nation; meanwhile gay and lesbian couples base their claims for recognition on the adequate manifestation of normal homes. In this situation black and queer activists share an interest in elaborating forms of kinship and community that resist the limited varieties of home-building currently sanctioned and celebrated by the State. As such, I will conclude this essay with a model for this alternative process of home-building in the hope of inspiring others. Home Sweet Home Ever since the declaration of terra nullius, white Australia has had a hard time recognising homes it doesn’t consider normal. To the first settlers, indigenous people’s uncultivated land lacked meaning, their seasonal itinerancy challenged established notions of property, while their communal living and wider kinship relations confused nuclear models of procreative responsibility and ancestry. From the homes white people still call “camps” many aboriginal people were moved against their will on to “missions” which even in name invoked the goal of assimilation into mainstream society. So many years later, white people continue to maintain that their version of homemaking is the most superior, the most economically effective, the most functional, with government policy and media commentators both agreeing that “the way out of indigenous disadvantage is home ownership.”(The 1 July broadcast of the esteemed political chat show Insiders provides a representative example of this consensus view among some of the country’s most respected journalists.) In the past few months, low-interest loans have been touted as the surest route out of the shared “squalor” (Weekend Australian, June 30-July1) of communal living and the right path towards economic development in remote aboriginal communities (Karvelas, “New Deal”). As these references suggest, The Australian newspaper has been at the forefront of reporting these government initiatives in a positive light: one story from late May featured a picture of Tiwi Islander Mavis Kerinaiua watering her garden with the pet dog and sporting a Tigers Aussie Rules singlet. The headline, “Home, sweet home, for Mavis” (Wilson) was a striking example of a happy and contented black woman in her own backyard, especially given how regularly mainstream national news coverage of indigenous issues follows a script of failed aboriginal communities. In stories like these, communal land ownership is painted as the cause of dysfunction, and individual homes are crucial to “changing the culture.” Never is it mentioned that communal living arrangements clearly were functional before white settlement, were an intrinsic part of “the culture”; nor is it acknowledged that the option being offered to indigenous people is land that had already been taken away from them in one way or another. That this same land can be given back only on certain conditions—including financially rewarding those who “prove they are doing well” by cultivating their garden in recognisably right ways (Karvelas, “New Deal”)— bolsters Berlant’s claim that government rhetoric succeeds by transforming wider structural questions into matters of individual responsibility. Home ownership is the stunningly selective neoliberal interpretation of “land rights”. The very notion of private property erases the social and cultural underpinnings of communal living as a viable way of life, stigmatising any alternative forms of belonging that might form the basis for another kind of home. Little Children Are Sacred The latest advance in efforts to encourage greater individual responsibility in indigenous communities highlights child abuse as the pivotal consequence of State and Local government inaction. The innocent indigenous child provides the catalyst for a myriad of competing political positions, the most vocal of which welcomes military intervention on behalf of powerless, voiceless kids trapped in horrendous scenarios (Kervalas, “Pearson’s Passion”). In these representations, the potentially abused aboriginal child takes on “supericonicity” in public debate. In her North American context, Berlant uses this concept to explain how the unborn child figures in acrimonious arguments over abortion. The foetus has become the most mobilising image in the US political scene because: it is an image of an American, perhaps the last living American, not yet bruised by history: not yet caught up in the processes of secularisation and centralisation… This national icon is too innocent of knowledge, agency, and accountability and thus has ethical claims on the adult political agents who write laws, make culture, administer resources, control things. (Berlant, Queen 6) In Australia, the indigenous child takes on supericonicity because he or she is too young to formulate a “black armband” view of history, to have a point of view on why their circumstance happens to be so objectionable, to vote out the government that wants to survey and penetrate his or her body. The child’s very lack of agency is used as justification for the military action taken by those who write laws, make the culture that will be recognized as an appropriate performance of indigeneity, administer (at the same time as they cut) essential resources; those who, for the moment, control things. However, and although a government perspective would not recognize this, in Australia the indigenous child is always already bruised by conventional history in the sense that he or she will have trouble accessing the stories of ancestors and therefore the situation that affects his or her entry into the world. Indeed, it is precisely the extent to which the government denies its institutional culpability in inflicting wounds on aboriginal people throughout history that the indigenous child’s supericonicity is now available as a political weapon. Same-Sex: Same Entitlements A situation in which the desire for home ownership is pedagogically enforced while also being economically sanctioned takes on further dimensions when considered next to the fate of other marginalised groups in society—those for whom an appeal for acceptance and equal rights pivots on the basis of successfully performing normal homes. While indigenous Australians are encouraged to aspire for home ownership as the appropriate manifestation of responsible citizenship, the HREOC report represents a group of citizens who crave recognition for already having developed this same aspiration. In the case studies selected for the Same-Sex: Same Entitlements Report, discrimination against same-sex couples is identified in areas such as work and taxation, workers’ compensation, superannuation, social security, veterans’ entitlements and childrearing. It recommends changes to existing laws in these areas to match those that apply to de facto relationships. When launching the report, the commissioner argued that gay people suffer discrimination “simply because of whom they love”, and the report launch quotes a “self-described ‘average suburban family’” who insist “we don’t want special treatment …we just want equality” (HREOC). Such positioning exercises give some insight into Berlant’s statement that “love is a site that has perhaps not yet been queered enough” (Berlant, “Love” 433). A queer response to the report might highlight that by focussing on legal entitlements of the most material kind, little is done to challenge the wider situation in which one’s sexual relationship has the power to determine intimate possessions and decisions—whether this is buying a plane ticket, getting a loan, retiring in some comfort or finding a nice nursing home. An agenda calling for legislative changes to financial entitlement serves to reiterate rather than challenge the extent to which economically sanctioned subjectivities are tied to sexuality and normative models of home-building. A same-sex rights agenda promoting traditional notions of procreative familial attachment (the concerned parents of gay kids cited in the report, the emphasis on the children of gay couples) suggests that this movement for change relies on a heteronormative model—if this is understood as the manner in which the institutions of personal life remain “the privileged institutions of social reproduction, the accumulation and transfer of capital, and self-development” (Berlant and Warner 553). What happens to those who do not seek the same procreative path? Put another way, the same-sex entitlements discourse can be seen to demand “intelligibility” within the hegemonic understanding of love, when love currently stands as the primordial signifier and ultimate suturing device for all forms of safe, reliable and useful citizenly identity (Berlant, “Love”). In its very terminology, same-sex entitlement asks to access the benefits of normativity without challenging the ideological or economic bases for its attachment to particular living arrangements and rewards. The political agenda for same-sex rights taking shape in the Federal arena appears to have chosen its objectives carefully in order to fit existing notions of proper home building and the economic incentives that come with them. While this is understandable in a conservative political environment, a wider agenda for queer activism in and outside the home would acknowledge that safety, security and belonging are universal desires that stretch beyond material acquisitions, financial concerns and procreative activity (however important these things are). It is to the possibilities this perspective might generate that I now turn. One Size Fits Most Urban space is always a host space. The right to the city extends to those who use the city. It is not limited to property owners. (Berlant and Warner, 563) The affective charge and resonance of a concept like home allows an opportunity to consider the intimacies particular to different groups in society, at the same time as it allows contemplation of the kinds of alliances increasingly required to resist neoliberalism’s impact on personal space. On one level, this might entail publicly denouncing representations of indigenous living conditions that describe them as “squalor” as some kind of hygienic short-hand that comes at the expense of advocating infrastructure suited to the very different way of living that aboriginal kinship relations typically require. Further, as alternative cultural understandings of home face ongoing pressure to fit normative ideals, a key project for contemporary queer activism is to archive, document and publicise the varied ways people choose to live at this point in history in defiance of sanctioned arrangements (eg Gorman-Murray 2007). Rights for gay and lesbian couples and parents need not be called for in the name of equality if to do so means reproducing a logic that feeds the worst stereotypes around non-procreating queers. Such a perspective fares poorly for the many literally unproductive citizens, queer and straight alike, whose treacherous refusal to breed banishes them from the respectable suburban politics to which the current government caters. Which takes me back to the park. Later that afternoon on Fair Day, we’ve been entertained by a range of performers, including the best Tina Turner impersonator I’ll ever see. But the highlight is the festival’s special guest, Vanessa Wagner who decides to end her show with a special ceremony. Taking the role of celebrant, Vanessa invites three men on to the stage who she explains are in an ongoing, committed three-way relationship. Looking a little closer, I remember meeting these blokes at a friend’s party last Christmas Eve: I was the only girl in an apartment full of gay men in the midst of some serious partying (and who could blame them, on the eve of an event that holds dubious relevance for their preferred forms of intimacy and celebration?). The wedding takes place in front of an increasingly boisterous crowd that cannot fail to appreciate the gesture as farcically mocking the sacred bastion of gay activism—same-sex marriage. But clearly, the ceremony plays a role in consecrating the obvious desire these men have for each other, in a safe space that feels something like a home. Their relationship might be a long way from many people’s definition of normal, but it clearly operates with care, love and a will for some kind of longevity. For queer subjects, faced with a history of persecution, shame and an unequal share of a pernicious illness, this most banal of possible definitions of home has been a luxury difficult to afford. Understood in this way, queer experience is hard to compare with that of indigenous people: “The queer world is a space of entrances, exits, unsystematised lines of acquaintance, projected horizons, typifying examples, alternate routes, blockages, incommensurate geographies” (Berlant and Warner 558). In many instances, it has “required the development of kinds of intimacy that bear no necessary relation to domestic space, to kinship, to the couple form, to property, or to the nation” (ibid) in liminal and fleeting zones of improvisation like parties, parks and public toilets. In contrast, indigenous Australians’ distinct lines of ancestry, geography, and story continue through generations of kin in spite of the efforts of a colonising power to reproduce others in its own image. But in this sense, what queer and black Australians now share is the fight to live and love in more than one way, with more than one person: to extend relationships of care beyond the procreative imperative and to include land that is beyond the scope of one’s own backyard. Both indigenous and queer Australians stand to benefit from a shared project “to support forms of affective, erotic and personal living that are public in the sense of accessible, available to memory, and sustained through collective activity” (Berlant and Warner 562). To build this history is to generate an archive that is “not simply a repository” but “is also a theory of cultural relevance” (Halberstam 163). A queer politics of home respects and learns from different ways of organising love, care, affinity and responsibility to a community. This essay has been an attempt to document other ways of living that take place in the pockets of one city, to show that homes often exist where others see empty space, and that love regularly survives beyond the confines of the couple. In learning from the history of oppression experienced in the immediate territories I inhabit, I also hope it captures what it means to reckon with the ongoing knowledge of being an uninvited guest in the home of another culture, one which, through shared activism, will continue to survive much longer than this, or any other archive. References Allon, Fiona. “Home as Cultural Translation: John Howard’s Earlwood.” Communal/Plural 5 (1997): 1-25. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. ———. “Love, A Queer Feeling.” Homosexuality and Psychoanalysis. Eds. Tim Dean and Christopher Lane. Chicago and London: The University of Chicago Press, 2001. 432-51. ———, and Michael Warner. “Sex in Public.” Critical Inquiry 24.2 (1998): 547-566. Brett, Judith. Australian Liberals and the Moral Middle Class: From Alfred Deakin to John Howard. Cambridge: Cambridge University Press, 2003. ———, and Anthony Moran. Ordinary People’s Politics: Australians Talk About Politics, Life and the Future of Their Country. Melbourne: Pluto Press, 2006. Gorman-Murray, Andrew. “Contesting Domestic Ideals: Queering the Australian Home.” Australian Geographer 38.2 (2007): 195-213. Gregg, Melissa. “The Importance of Being Ordinary.” International Journal of Cultural Studies 10.1 (2007): 95-104. Halberstam, Judith. In a Queer Time and Place: Transgender Bodies, Subcultural Lives. New York and London: NYU Press, 2005 Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 http://www.hreoc.gov.au/human_rights/samesex/report/index.html>. ———. Launch of Final Report of the Human Rights and Equal Opportunity Commission’s Same-Sex: Same Entitlements Inquiry (transcript). 2007. 5 July 2007 . Insiders. ABC TV. 1 July 2007. 5 July 2007 http://www.abc.net.au/insiders/content/2007/s1966728.htm>. Karvelas, Patricia. “It’s New Deal or Despair: Pearson.” The Weekend Australian 12-13 May 2007: 7. ———. “How Pearson’s Passion Moved Howard to Act.” The Australian. 23 June 2007. 5 July 2007 http://www.theaustralian.news.com.au/story/0,20867,21952951-5013172,00.html>. Northern Territory Government Inquiry Report into the Protection of Aboriginal Children from Sexual Abuse. Ampe Akelyernemane Meke Mekarle: Little Children Are Sacred. 2007. 5 July 2007 http://www.nt.gov.au/dcm/inquirysaac/pdf/bipacsa_final_report.pdf>. Wilson, Ashleigh. “Home, Sweet Home, for Mavis.” The Weekend Australian 12-13 May 2007: 7. Citation reference for this article MLA Style Gregg, Melissa. "Normal Homes." M/C Journal 10.4 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0708/02-gregg.php>. APA Style Gregg, M. (Aug. 2007) "Normal Homes," M/C Journal, 10(4). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0708/02-gregg.php>.

Introduction Lillian Ng was born in Singapore and lived in Hong Kong and the United Kingdom before migrating to Australia with her daughter and Ah Mah Yin Jie (“Ah Mahs are a special group of people who took a vow to remain unmarried … [so they] could stick together as a group and make a living together” (Yu 118)). Ng studied classical Chinese at home, then went to an English school and later on studied Medicine. Her first book, Silver Sister (1994), was short-listed for the inaugural Angus & Robertson/Bookworld Prize in 1993 and won the Human Rights Award in 1995. Ng defines herself as a “Chinese living in Australia” (Yu 115). Food, flesh and meat are recurrent topics in Lillian Ng´s second novel Swallowing Clouds, published in 1997. These topics are related to desire and can be used as a synecdoche (a metaphor that describes part/whole relations) of the human body: food is needed to survive and pleasure can be obtained from other people´s bodies. This paper focuses on one type of meat and animal, pork and the pig, and on the relation between the two main characters, Syn and Zhu Zhiyee. Syn, the main character in the novel, is a Shanghainese student studying English in Sydney who becomes stranded after the Tiananmen Square massacre of June 1989. As she stops receiving money from her mother and fears repression if she goes back to China, she begins to work in a Chinese butcher shop, owned by Zhu Zhiyee, which brings her English lessons to a standstill. Syn and Zhu Zhiyee soon begin a two-year love affair, despite the fact that Zhu Zhiyee is married to KarLeng and has three daughters. The novel is structured as a prologue and four days, each of which has a different setting and temporal location. The prologue introduces the story of an adulterous woman who was punished to be drowned in a pig´s basket in the HuanPu River in the summer of 1918. As learnt later on, Syn is the reincarnation of this woman, whose purpose in life is to take revenge on men by taking their money. The four days, from the 4th to the 7th of June 1994, mark the duration of a trip to Beijing and Shanghai that Syn takes as member of an Australian expedition in order to visit her mother with the security of an Australian passport. During these four days, the reader learns about different Chinese landmarks, such as the Forbidden City, the Great Wall, the Ming Tomb and the Summer Palace, as well as some cultural events, such as a Chinese opera and eating typical foods like Peking duck. However, the bulk of the plot of the book deals with the sexual relationship, erotic games and fantasies of Syn and Zhu Zhiyee in the period between 1989 and 1992, as well as Syn´s final revenge in January 1993. Pigs The fact that Zhu Zhiyee is a butcher allows Lillian Ng to include references to pigs and pork throughout the novel. Some of them refer to the everyday work of a butcher shop, as the following examples illustrate: “Come in and help me with the carcass,” he [Zhu Zhiyee] pointed to a small suckling pig hung on a peg. Syn hesitated, not knowing how to handle the situation. “Take the whole pig with the peg,” he commanded (11).Under dazzling fluorescent tubes and bright spotlights, trays of red meat, pork chops and lamb cutlets sparkled like jewels … The trays edged with red cellophane frills and green underlay breathed vitality and colour into the slabs of pork ribs and fillets (15).Buckets of pig´s blood with a skim of froth took their place on the floor; gelled ones, like sliced cubes of large agate, sat in tin trays labelled in Chinese. More discreetly hidden were the gonads and penises of goats, bulls and pigs. (16)These examples are representative of Syn and Zhu Zhiyee´s relationship. The first quotation deals with their interaction: most of the time Zhu Zhiyee orders Syn how to act, either in the shop or in bed. The second extract describes the meat’s “vitality” and this is the quality of Syn's skin that mesmerised Zhu when he met her: “he was excited, electrified by the sight of her unblemished, translucent skin, unlined, smooth as silk. The glow of the warmth of human skin” (13). Moreover, the lights seem to completely illuminate the pieces of meat and this is the way Zhu Zhiyee leers at Syn´s body, as it can be read in the following extract: “he turned again to fix his gaze on Syn, which pierced and penetrated her head, her brain, eyes, permeated her whole body, seeped into her secret places and crevices” (14). The third excerpt introduces the sexual organs of some of the animals, which are sold to some customers for a high price. Meat is also sexualised by Zhu Zhiyee´s actions, such as his pinching the bottoms of chickens and comparing them with “sacrificial virgins”: “chickens, shamelessly stripped and trussed, hung by their necks, naked in their pimply white skin, seemed like sacrificial virgins. Syn often caught Zhu pinching their fleshy bottoms, while wrapping and serving them to the housewives” (15-16). Zhu also makes comments relating food with sex while he is having lunch next to Syn, which could be considered sexual harassment. All these extracts exemplify the relationship between Syn and Zhu Zhiyee: the orders, the looks and the implicit sexuality in the quotidian activities in the butcher´s shop. There are also a range of other expressions that include similes with the word `pig´ in Ng´s novel. One of the most recurrent is comparing the left arm and hand of Zhu Zhiyee´s mother with a “pig´s trotter”. Zhu Zhiyee´s mother is known as ZhuMa and Syn is very fond of her, as ZhuMa accepts her and likes her more than her own daughter-in-law. The comparison of ZhuMa´s arm and hand with a trotter may be explained by the fact that ZhuMa´s arm is swollen but also by the loving representation of pigs in Chinese culture. As Seung-Og Kim explains in his article “Burials, Pigs, and Political Prestige in Neolithic China”: In both Melanesia and Asia, pigs are viewed as a symbolic representation of human beings (Allen 1976: 42; Healey 1985; Rappaport 1967: 58; Roscoe 1989: 223-26). Piglets are treated as pets and receive a great deal of loving attention, and they in turn express affection for their human “parents.” They also share some physiological features with human beings, being omnivorous and highly reproductive (though humans do not usually have multiple litters) and similar internal anatomy (Roscoe 1989: 225). In short, pigs not only have a symbiotic relationship with humans biologically but also are of great importance symbolically (121). Consequently, pigs are held in high esteem, taken care of and loved. Therefore, comparing a part of a human´s body, such as an arm or a hand, for example, to a part of a pig´s body such as a pig´s trotter is not negative, but has positive connotations. Some descriptions of ZhuMa´s arm and hand can be read in the following excerpts: “As ZhuMa handed her the plate of cookies Syn saw her left arm, swollen like a pig´s trotter” (97); “Syn was horrified, and yet somewhat intrigued by this woman without a breast, with a pig´s trotter arm and a tummy like a chessboard” (99), “mimicking the act of writing with her pig-trotter hand” (99), and ZhuMa was praising the excellence of the opera, the singing, acting, the costumes, and the elaborate props, waving excitedly with her pig trotter arm and pointing with her stubby fingers while she talked. (170) Moreover, the expression “pig´s trotters” is also used as an example of the erotic fetishism with bound feet, as it can be seen in the following passage, which will be discussed below: I [Zhu Zhiyee] adore feet which are slender… they seem so soft, like pig´s trotters, so cute and loving, they play tricks on your mind. Imagine feeling them in bed under your blankets—soft cottonwool lumps, plump and cuddly, makes you want to stroke them like your lover´s hands … this was how the bound feet appealed to men, the erotic sensation when balanced on shoulders, clutched in palms, strung to the seat of a garden swing … no matter how ugly a woman is, her tiny elegant feet would win her many admirers (224).Besides writing about pigs and pork as part of the daily work of the butcher shop and using the expression “pig´s trotter”, “pig” is also linked to money in two sentences in the book. On the one hand, it is used to calculate a price and draw attention to the large amount it represents: “The blouse was very expensive—three hundred dollars, the total takings from selling a pig. Two pigs if he purchased two blouses” (197). On the other, it works as an adjective in the expression “piggy-bank”, the money box in the form of a pig, an animal that represents abundance and happiness in the Chinese culture: “She borrowed money from her neighbours, who emptied pieces of silver from their piggy-banks, their life savings”(54). Finally, the most frequent porcine expression in Ng´s Swallowing Clouds makes reference to being drowned in a pig´s basket, which represents 19 of the 33 references to pigs or pork that appear in the novel. The first three references appear in the prologue (ix, x, xii), where the reader learns the story of the last woman who was killed by drowning in a pig´s basket as a punishment for her adultery. After this, two references recount a soothsayer´s explanation to Syn about her nightmares and the fact that she is the reincarnation of that lady (67, 155); three references are made by Syn when she explains this story to Zhu Zhiyee and to her companion on the trip to Beijing and Shanghai (28, 154, 248); one refers to a feeling Syn has during sexual intercourse with Zhu Zhiyee (94); and one when the pig basket is compared to a cricket box, a wicker or wooden box used to carry or keep crickets in a house and listen to them singing (73). Furthermore, Syn reflects on the fact of drowning (65, 114, 115, 171, 172, 173, 197, 296) and compares her previous death with that of Concubine Pearl, the favourite of Emperor Guanxu, who was killed by order of his aunt, the Empress Dowager Cixi (76-77). The punishment of drowning in a pig´s basket can thus be understood as retribution for a transgression: a woman having an extra-marital relationship, going against the establishment and the boundaries of the authorised. Both the woman who is drowned in a pig´s basket in 1918 and Syn have extra-marital affairs and break society’s rules. However, the consequences are different: the concubine dies and Syn, her reincarnation, takes revenge. Desire, Transgression and Eroticism Xavier Pons writes about desire, repression, freedom and transgression in his book Messengers of Eros: Representations of Sex in Australian Writing (2009). In this text, he explains that desire can be understood as a positive or as a negative feeling. On the one hand, by experiencing desire, a person feels alive and has joy de vivre, and if that person is desired in return, then, the feelings of being accepted and happiness are also involved (13). On the other hand, desire is often repressed, as it may be considered evil, anarchic, an enemy of reason and an alienation from consciousness (14). According to Pons: Sometimes repression, in the form of censorship, comes from the outside—from society at large, or from particular social groups—because of desire´s subversive nature, because it is a force which, given a free rein, would threaten the higher purpose which a given society assigns to other (and usually ideological) forces … Repression may also come from the inside, via the internalization of censorship … desire is sometimes feared by the individual as a force alien to his/her true self which would leave him/her vulnerable to rejection or domination, and would result in loss of freedom (14).Consequently, when talking about sexual desire, the two main concepts to be dealt with are freedom and transgression. As Pons makes clear, “the desiring subject can be taken advantage of, manipulated like a puppet [as h]is or her freedom is in this sense limited by the experience of desire” (15). While some practices may be considered abusive, such as bondage or sado-masochism, they may be deliberately and freely chosen by the partners involved. In this case, these practices represent “an encounter between equals: dominance is no more than make-believe, and a certain amount of freedom (as much as is compatible with giving oneself up to one´s fantasies) is maintained throughout” (24). Consequently, the perception of freedom changes with each person and situation. What is transgressive depends on the norms in every culture and, as these evolve, so do the forms of transgression (Pons 43). Examples of transgressions can be: firstly, the separation of sex from love, adultery or female and male homosexuality, which happen with the free will of the partners; or, secondly, paedophilia, incest or bestiality, which imply abuse. Going against society’s norms involves taking risks, such as being discovered and exiled from society or feeling isolated as a result of a feeling of difference. As the norms change according to culture, time and person, an individual may transgress the rules and feel liberated, but later on do the same thing and feel alienated. As Pons declares, “transgressing the rules does not always lead to liberation or happiness—transgression can turn into a trap and turn out to be simply another kind of alienation” (46). In Swallowing Clouds, Zhu Zhiyee transgresses the social norms of his time by having an affair with Syn: firstly, because it is extra-marital, he and his wife, KarLeng, are Catholic and fidelity is one of the promises made when getting married; and, secondly, because he is Syn´s boss and his comments and ways of flirting with her could be considered sexual harassment. For two years, the affair is an escape from Zhu Zhiyee´s daily worries and stress and a liberation and fulfillment of his sexual desires. However, he introduces Syn to his mother and his sisters, who accept her and like her more than his wife. He feels trapped, though, when KarLeng guesses and threatens him with divorce. He cannot accept this as it would mean loss of face in their neighbourhood and society, and so he decides to abandon Syn. Syn´s transgression becomes a trap for her as Zhu, his mother and his sisters have become her only connection with the outside world in Australia and this alienates her from both the country she lives in and the people she knows. However, Syn´s transgression also turns into a trap for Zhu Zhiyee because she will not sign the documents to give him the house back and every month she sends proof of their affair to KarLeng in order to cause disruption in their household. This exposure could be compared with the humiliation suffered by the concubine when she was paraded in a pig´s basket before she was drowned in the HuangPu River. Furthermore, the reader does not know whether KarLeng finally divorces Zhu Zhiyee, which would be his drowning and loss of face and dishonour in front of society, but can imagine the humiliation, shame and disgrace KarLeng makes him feel every month. Pons also depicts eroticism as a form of transgression. In fact, erotic relations are a power game, and seduction can be a very effective weapon. As such, women can use seduction to obtain power and threaten the patriarchal order, which imposes on them patterns of behaviour, language and codes to follow. However, men also use seduction to get their own benefits, especially in political and social contexts. “Power has often been described as the ultimate aphrodisiac” (Pons 32) and this can be seen in many of the sexual games between Syn and Zhu Zhiyee in Swallowing Clouds, where Zhu Zhiyee is the active partner and Syn becomes little more than an object that gives pleasure. A clear reference to erotic fetishism is embedded in the above-mentioned quote on bound feet, which are compared to pig´s trotters. In fact, bound feet were so important in China in the millennia between the Song Dynasty (960-1276) and the early 20th century that “it was impossible to find a husband” (Holman) without them: “As women’s bound feet and shoes became the essence of feminine beauty, a fanatical aesthetic and sexual mystique developed around them. The bound foot was understood to be the most intimate and erotic part of the female anatomy, and wives, consorts and prostitutes were chosen solely on the size and shape of their feet” (Holman). Bound feet are associated in Ng’s novel with pig´s trotters and are described as “cute and loving … soft cottonwool lumps, plump and cuddly, [that] makes you want to stroke them like your lover´s hands” (224). This approach towards bound feet and, by extension, towards pig´s trotters, can be related to the fond feelings Melanesian and Asian cultures have towards piglets, which “are treated as pets and receive a great deal of loving attention” (Kim 121). Consequently, the bound feet can be considered a synecdoche for the fond feelings piglets inspire. Food and Sex The fact that Zhu Zhiyee is a butcher and works with different types of meat, including pork, that he chops it, sells it and gives cooking advice, is not gratuitous in the novel. He is used to being in close proximity to meat and death and seeing Syn’s pale skin through which he can trace her veins excites him. Her flesh is alive and represents, therefore, the opposite of meat. He wants to seduce her, which is human hunting, and he wants to study her, to enjoy her body, which can be compared to animals looking at their prey and deciding where to start eating from. Zhu´s desire for Syn seems destructive and dangerous. In the novel, bodies have a price: dead animals are paid for and eaten and their role is the satiation of human hunger. But humans, who are also animals, have a price as well: flesh is paid for, in the form of prostitution or being a mistress, and its aim is satiation of human sex. Generally speaking, sex in the novel is compared to food either in a direct or an indirect way, and making love is constantly compared to cooking, the preparation of food and eating (as in Pons 303). Many passages in Swallowing Clouds have cannibalistic connotations, all of these being used as metaphors for Zhu Zhiyee’s desire for Syn. As mentioned before, desire can be positive (as it makes a person feel alive) or negative (as a form of internal or social censorship). For Zhu Zhiyee, desire is positive and similar to a drug he is addicted to. For example, when Zhu and Syn make delivery rounds in an old Mazda van, he plays the recordings he made the previous night when they were having sex and tries to guess when each moan happened. Sex and Literature Pons explains that “to write about sex … is to address a host of issues—social, psychological and literary—which together pretty much define a culture” (6). Lillian Ng´s Swallowing Clouds addresses a series of issues. The first of these could be termed ‘the social’: Syn´s situation after the Tiananmen Massacre; her adulterous relationship with her boss and being treated and considered his mistress; the rapes in Inner Mongolia; different reasons for having an abortion; various forms of abuse, even by a mother of her mentally handicapped daughter; the loss of face; betrayal; and revenge. The second issue is the ‘psychological’, with the power relations and strategies used between different characters, psychological abuse, physical abuse, humiliation, and dependency. The third is the ‘literary’, as when the constant use of metaphors with Chinese cultural references becomes farcical, as Tseen Khoo notes in her article “Selling Sexotica” (2000: 164). Khoo explains that, “in the push for Swallowing Clouds to be many types of novels at once: [that is, erotica, touristic narrative and popular], it fails to be any one particularly successfully” (171). Swallowing Clouds is disturbing, full of stereotypes, and with repeated metaphors, and does not have a clear readership and, as Khoo states: “The explicit and implicit strategies behind the novel embody the enduring perceptions of what exotic, multicultural writing involves—sensationalism, voyeuristic pleasures, and a seemingly deliberate lack of rooted-ness in the Australian socioscape (172). Furthermore, Swallowing Clouds has also been defined as “oriental grunge, mostly because of the progression throughout the narrative from one gritty, exoticised sexual encounter to another” (Khoo 169-70).Other novels which have been described as “grunge” are Edward Berridge´s Lives of the Saints (1995), Justine Ettler´s The River Ophelia (1995), Linda Jaivin´s Eat Me (1995), Andrew McGahan´s Praise (1992) and 1988 (1995), Claire Mendes´ Drift Street (1995) or Christos Tsiolkas´ Loaded (1995) (Michael C). The word “grunge” has clear connotations with “dirtiness”—a further use of pig, but one that is not common in the novel. The vocabulary used during the sexual intercourse and games between Syn and Zhu Zhiyee is, however, coarse, and “the association of sex with coarseness is extremely common” (Pons 344). Pons states that “writing about sex is an attempt to overcome [the barriers of being ashamed of some human bodily functions], regarded as unnecessarily constrictive, and this is what makes it by nature transgressive, controversial” (344-45). Ng´s use of vocabulary in this novel is definitely controversial, indeed, so much so that it has been defined as banal or even farcical (Khoo 169-70).ConclusionThis paper has analysed the use of the words and expressions: “pig”, “pork” and “drowning in a pig’s basket” in Lillian Ng´s Swallowing Clouds. Moreover, the punishment of drowning in a pig’s basket has served as a means to study the topics of desire, transgression and eroticism, in relation to an analysis of the characters of Syn and Zhu Zhiyee, and their relationship. This discussion of various terminology relating to “pig” has also led to the study of the relationship between food and sex, and sex and literature, in this novel. Consequently, this paper has analysed the use of the term “pig” and has used it as a springboard for the analysis of some aspects of the novel together with different theoretical definitions and concepts. Acknowledgements A version of this paper was given at the International Congress Food for Thought, hosted by the Australian Studies Centre at the University of Barcelona in February 2010. References Allen, Bryan J. Information Flow and Innovation Diffusion in the East Sepic District, Papua New Guinea. PhD diss. Australian National University, Australia. 1976. Berridge, Edward. Lives of the Saints. St Lucia: U of Queensland P, 1995. C., Michael. “Toward a sound theory of Australian Grunge fiction.” [Weblog entry] Eurhythmania. 5 Mar. 2008. 4 Oct. 2010 http://eurhythmania.blogspot.com/2008/03/toward-sound-theory-of-australian.html. Ettler, Justine. The River Ophelia. Sydney: Picador, 1995. Healey, Christopher J. “Pigs, Cassowaries, and the Gift of the Flesh: A Symbolic Triad in Maring Cosmology.” Ethnology 24 (1985): 153-65. Holman, Jeanine. “Bound Feet.” Bound Feet: The History of a Curious, Erotic Custom. Ed. Joseph Rupp 2010. 11 Aug. 2010. http://www.josephrupp.com/history.html. Jaivin, Linda. Eat Me. Melbourne: The Text Publishing Company, 1995. Khoo, Tseen. “Selling Sexotica: Oriental Grunge and Suburbia in Lillian Ngs’ Swallowing Clouds.” Diaspora: Negotiating Asian-Australian. Ed. Helen Gilbert, Tseen Khoo, and Jaqueline Lo. St Lucia: U of Queensland P, 2000. 164-72. Khoo, Tseen; Danau Tanu, and Tien. "Re: Of pigs and porks” 5-9 Aug. 1997. Asian- Australian Discussion List Digest numbers 1447-1450. Apr. 2010 . Kim, Seung-Og. “Burials, Pigs, and Political Prestige in Neolithic China.” Current Anthopology 35.2 (Apr. 1994): 119-141. McGahan, Andrew. Praise. Sydney: Allen & Unwin, 1992. McGahan, Andrew. 1988. Sydney: Allen & Unwin, 1995. Mendes, Clare. Drift Street. Pymble: HarperCollins, 1995. Ng, Lillian. Swallowing Clouds. Ringwood: Penguin Books Australia,1997. Pons, Xavier. Messengers of Eros. Representations of Sex in Australian Writing. Newcastle upon Tyne: Cambridge Scholars Publishing, 2009. Rappaport, Roy. Pigs for the Ancestors. New Have: Yale UP, 1967. Roscoe, Paul B. “The Pig and the Long Yam: The Expansion of the Sepik Cultural Complex”. Ethnology 28 (1989): 219-31. Tsiolkas, Christos. Loaded. Sydney: Vintage, 1995. Yu, Ouyang. “An Interview with Lillian Ng.” Otherland Literary Journal 7, Bastard Moon. Essays on Chinese-Australian Writing (July 2001): 111-24.

Introduction Films with deaf characters often do not focus on the condition of deafness at all. Rather, the characters seem to satisfy a role in the story that either furthers the plot or the audience’s understanding of other hearing characters. The deaf characters can be symbolic, for example as a metaphor for isolation representative of ‘those without a voice’ in a society. The deaf characters’ misunderstanding of auditory cues can lead to comic circumstances, and their knowledge can save them in the case of perilous ones. Sign language, because of its unique linguistic properties and its lack of comprehension by hearing people, can save the day in a story line. Deaf characters are shown in different eras and in different countries, providing a fictional window into their possible experiences. Films shape and reflect cultural attitudes and can serve as a potent force in influencing the attitudes and assumptions of those members of the hearing world who have had few, if any, encounters with deaf people. This article explores categories of literary function as identified by the author, providing examples and suggestions of other films for readers to explore. Searching for Deaf Characters in Film I am a sign language interpreter. Several years ago, I started noticing how deaf characters are used in films. I made a concerted effort to find as many as I could. I referred to John Shuchman’s exhaustive book about deaf actors and subject matter, Hollywood Speaks; I scouted video rental guides (key words were ‘deaf’ or ‘disabled’); and I also plugged in the key words ‘deaf in film’ on Google’s search engine. I decided to ignore the issue of whether or not the actors were actually deaf—a political hot potato in the Deaf community which has been discussed extensively. Similarly, the linguistic or cultural accuracy of the type of sign language used or super-human lip-reading talent did not concern me. What was I looking for? I noticed that few story lines involving deaf characters provide any discussion or plot information related to that character’s deafness. I was puzzled. Why is there signing in the elevator in Jerry Maguire? Why does the guy in Grand Canyon have a deaf daughter? Why would the psychosomatic response to a trauma—as in Psych Out—be deafness rather than blindness? I concluded that not being able to hear carried some special meaning or fulfilled a particular need intrinsic to the plot of the story. I also observed that the functions of deaf characters seem to fall into several categories. Some deaf characters fit into more than one category, serving two or more symbolic purposes at the same time. By viewing and analysing the representations of deafness and deaf characters in forty-six films, I have come up with the following classifications: Deafness as a plot device Deaf characters as protagonist informants Deaf characters as a parallel to the protagonist Sign language as ‘hero’ Stories about deaf/hearing relationships A-normal-guy-or-gal-who-just-happens-to-be-deaf Deafness as a psychosomatic response to trauma Deafness as metaphor Deafness as a symbolic commentary on society Let your fingers do the ‘talking’ Deafness as Plot Device Every element of a film is a device, but when the plot hinges on one character being deaf, the story succeeds because of that particular character having that particular condition. The limitations or advantages of a deaf person functioning within the hearing world establish the tension, the comedy, or the events which create the story. In Hear No Evil (1993), Jillian learns from her hearing boyfriend which mechanical devices cause ear-splitting noises (he has insomnia and every morning she accidentally wakes him in very loud ways, eg., she burns the toast, thus setting off the smoke detector; she drops a metal spoon down the garbage disposal unit). When she is pursued by a murderer she uses a fire alarm, an alarm/sprinkler system, and a stereo turned on full blast to mask the sounds of her movements as she attempts to hide. Jillian and her boyfriend survive, she learns about sound, her boyfriend learns about deafness, and she teaches him the sign for orgasm. Life is good! The potential comic aspects of deafness may seem in this day and age to be shockingly politically incorrect. While the slapstick aspect is often innocent and means no overt harm or insult to the Deaf as a population, deafness functions as the visual banana peel over which the characters figuratively stumble in the plot. The film, See No Evil, Hear No Evil (1989), pairing Gene Wilder with Richard Pryor as deaf and blind respectively, is a constant sight gag of lip-reading miscues and lack-of-sight gags. Wilder can speak, and is able to speech read almost perfectly, almost all of the time (a stereotype often perpetuated in films). It is mind-boggling to imagine the detail of the choreography required for the two actors to convince the audience of their authenticity. Other films in this category include: Suspect It’s a Wonderful Life Murder by Death Huck Finn One Flew over the Cuckoo’s NestThe Shop on Main StreetRead My Lips The Quiet Deaf Characters as Protagonist Informants Often a deaf character’s primary function to the story is to give the audience more information about, or form more of an affinity with, the hearing protagonist. The deaf character may be fascinating in his or her own right, but generally the deafness is a marginal point of interest. Audience attitudes about the hearing characters are affected because of their previous or present involvement with deaf individuals. This representation of deafness seems to provide a window into audience understanding and appreciation of the protagonist. More inferences can be made about the hearing person and provides one possible explanation for what ensues. It is a subtle, almost subliminal trick. There are several effective examples of this approach. In Gas, Food, Lodging (1992), Shade discovers that tough-guy Javier’s mother is deaf. He introduces Shade to his mother by simple signs and finger-spelling. They all proceed to visit and dance together (mom feels the vibrations on the floor). The audience is drawn to feel ‘Wow! Javier is a sensitive kid who has grown up with a beautiful, exotic, deaf mother!’ The 1977 film, Looking for Mr. Goodbar presents film-goers with Theresa, a confused young woman living a double life. By day, she is a teacher of deaf children. Her professor in the Teacher of the Deaf program even likens their vocation to ‘touching God’. But by night she cruises bars and engages in promiscuous sexual activity. The film shows how her fledgling use of signs begins to express her innermost desires, as well as her ability to communicate and reach out to her students. Other films in this category include: Miracle on 34th Street (1994 version)Nashville (1975, dir. Robert Altman)The Family StoneGrand CanyonThere Will Be Blood Deaf Characters as a Parallel to the Protagonist I Don’t Want to Talk about It (1993) from Argentina, uses a deaf character to establish an implied parallel story line to the main hearing character. Charlotte, a dwarf, is friends with Reanalde, who is deaf. The audience sees them in the first moments of the film when they are little girls together. Reanalde’s mother attempts to commiserate with Charlotte’s mother, establishing a simultaneous but unseen story line somewhere else in town over the course of the story. The setting is Argentina during the 1930s, and the viewer can assume that disability awareness is fairly minimal at the time. Without having seen Charlotte’s deaf counterpart, the audience still knows that her story has contained similar struggles for ‘normalcy’ and acceptance. Near the conclusion of the film, there is one more glimpse of Reanalde, when she catches the bridal bouquet at Charlotte’s wedding. While having been privy to Charlotte’s experiences all along, we can only conjecture as to what Reanalde’s life has been. Sign Language as ‘Hero’ The power of language, and one’s calculated use of language as a means of escape from a potentially deadly situation, is shown in The River Wild (1996). The reason that any of the hearing characters knows sign language is that Gail, the protagonist, has a deaf father. Victor appears primarily to allow the audience to see his daughter and grandson sign with him. The mother, father, and son are able to communicate surreptitiously and get themselves out of a dangerous predicament. Signing takes an iconic form when the signs BOAT, LEFT, I-LOVE-YOU are drawn on a log suspended over the river as a message to Gail so that she knows where to steer the boat, and that her husband is still alive. The unique nature of sign language saves the day– silently and subtly produced, right under the bad guys’ noses! Stories about Deaf/Hearing Relationships Because of increased awareness and acceptance of deafness, it may be tempting to assume that growing up deaf or having any kind of relationship with a deaf individual may not pose too much of a challenge. Captioning and subtitling are ubiquitous in the USA now, as is the inclusion of interpreters on stages at public events. Since the inception of USA Public Law 94-142 and section 504 in 1974, more deaf children are ‘mainstreamed’ into public schools than ever before. The Americans with Disabilities Act was passed in 1993, opening the doors in the US for more access, more job opportunities, more inclusion. These are the external manifestations of acceptance that most viewers with no personal exposure to deafness may see in the public domain. The nuts and bolts of growing up deaf, navigating through opposing philosophical theories regarding deaf education, and dealing with parents, siblings, and peers who can’t communicate, all serve to form foundational experiences which an audience rarely witnesses. Children of a Lesser God (1986), uses the character of James Leeds to provide simultaneous voiced translations of the deaf student Sarah’s comments. The audience is ushered into the world of disparate philosophies of deaf education, a controversy of which general audiences may not have been previously unaware. At the core of James and Sarah’s struggle is his inability to accept that she is complete as she is, as a signing not speaking deaf person. Whether a full reconciliation is possible remains to be seen. The esteemed teacher of the deaf must allow himself to be taught by the deaf. Other films in this category include: Johnny Belinda (1949, 1982)Mr. Holland’s OpusBeyond SilenceThe Good ShepherdCompensation A Normal Guy-or-Gal-Who-Just-Happens-to-Be-Deaf The greatest measure of equality is to be accepted on one's own merits, with no special attention to differences or deviations from whatever is deemed ‘the norm.’ In this category, the audience sees the seemingly incidental inclusion of a deaf or hearing-impaired person in the casting. A sleeper movie titled Crazy Moon (1986) is an effective example. Brooks is a shy, eccentric young hearing man who needs who needs to change his life. Vanessa is deaf and works as a clerk in a shop while takes speech lessons. She possesses a joie de vivre that Brooks admires and wishes to emulate. When comparing the way they interact with the world, it is apparent that Brooks is the one who is handicapped. Other films in this category include: Sympathy for Mr. Vengeance (South Korea, 1992)Liar, LiarRequiem for a DreamKung Fu HustleBangkok DangerousThe Family StoneDeafness as a Psychosomatic Response to Trauma Literature about psychosomatic illnesses enumerates many disconcerting and disruptive physiological responses. However, rarely is there a PTSD response as profound as complete blockage of one of the five senses, ie; becoming deaf as a result of a traumatic incident. But it makes great copy, and provides a convenient explanation as to why an actor needn't learn sign language! The rock group The Who recorded Tommy in 1968, inaugurating an exciting and groundbreaking new musical genre – the rock opera. The film adaptation, directed by Ken Russell, was released in 1975. In an ironic twist for a rock extravaganza, the hero of the story is a ‘deaf, dumb, and blind kid.’ Tommy Johnson becomes deaf when he witnesses the murder of his father at the hands of his step-father and complicit mother. From that moment on, he is deaf and blind. When he grows up, he establishes a cult religion of inner vision and self-discovery. Another film in this category is Psych Out. Deafness as a Metaphor Hearing loss does not necessarily mean complete deafness and/or lack of vocalization. Yet, the general public tends to assume that there is utter silence, complete muteness, and the inability to verbalize anything at all. These assumptions provide a rich breeding ground for a deaf character to personify isolation, disenfranchisement, and/or avoidance of the harsher side of life. The deafness of a character can also serve as a hearing character’s nemesis. Mr. Holland’s Opus (1995) chronicles much of the adult life of a beleaguered man named Glenn Holland whose fondest dream is to compose a grand piece of orchestral music. To make ends meet he must teach band and orchestra to apparently disinterested and often untalented students in a public school. His golden son (named Cole, in honor of the jazz great John Coltrane) is discovered to be deaf. Glenn’s music can’t be born, and now his son is born without music. He will never be able to share his passion with his child. He learns just a little bit of sign, is dismissive of the boy’s dreams, and drifts further away from his family to settle into a puddle of bitterness, regrets, and unfulfilled desires. John Lennon’s death provides the catalyst for Cole’s confrontation with Glenn, forcing the father to understand that the gulf between them is an artificial one, perpetuated by the unwillingness to try. Any other disability could not have had the same effect in this story. Other films in this category include: Ramblin’ RoseBabelThe Heart Is a Lonely HunterA Code Unkown Deafness as a Symbolic Commentary on Society Sometimes films show deafness in a different country, during another era, and audiences receive a fictionalized representation of what life might have been like before these more enlightened times. The inability to hear and/or speak can also represent the more generalized powerlessness that a culture or a society’s disenfranchised experience. The Chinese masterpiece To Live (1994) provides historical and political reasons for Fenxi’s deafness—her father was a political prisoner whose prolonged absence brought hardship and untended illness. Later, the chaotic political situation which resulted in a lack of qualified doctors led to her death. In between these scenes the audience sees how her parents arrange a marriage with another ‘handicapped’ comrade of the town. Those citizens deemed to be crippled or outcast have different overt rights and treatment. The 1996 film Illtown presents the character of a very young teenage boy to represent the powerlessness of youth in America. David has absolutely no say in where he can live, with whom he can live, and the decisions made all around him. When he is apprehended after a stolen car chase, his frustration at his and all of his generation’s predicament in the face of a crumbling world is pounded out on the steering wheel as the police cars circle him. He is caged, and without the ability to communicate. Were he to have a voice, the overall sense of the film and his situation is that he would be misunderstood anyway. Other films in this category include: Stille Liebe (Germany)RidiculeIn the Company of Men Let Your Fingers Do the ‘Talking’ I use this heading to describe films where sign language is used by a deaf character to express something that a main hearing character can’t (or won’t) self-generate. It is a clever device which employs a silent language to create a communication symbiosis: Someone asks a hearing person who knows sign what that deaf person just said, and the hearing person must voice what he or she truly feels, and yet is unable to express voluntarily. The deaf person is capable of expressing the feeling, but must rely upon the hearing person to disseminate the message. And so, the words do emanate from the mouth of the person who means them, albeit self-consciously, unwillingly. Jerry Maguire (1996) provides a signed foreshadowing of character metamorphosis and development, which is then voiced for the hearing audience. Jerry and Dorothy have just met, resigned from their jobs in solidarity and rebellion, and then step into an elevator to begin a new phase of their lives. Their body language identifies them as separate, disconnected, and heavily emotionally fortified. An amorous deaf couple enters the elevator and Dorothy translates the deaf man’s signs as, ‘You complete me.’ The sentiment is strong and a glaring contrast to Jerry and Dorothy’s present dynamic. In the end, Jerry repeats this exact phrase to her, and means it with all his heart. We are all made aware of just how far they have traveled emotionally. They have become the couple in the elevator. Other films in this category include: Four Weddings and a FuneralKnowing Conclusion This has been a cursory glance at examining the narrative raison d’etre for the presence of a deaf character in story lines where no discussion of deafness is articulated. A film’s plot may necessitate hearing-impairment or deafness to successfully execute certain gimmickry, provide a sense of danger, or relational tension. The underlying themes and motifs may revolve around loneliness, alienation, or outwardly imposed solitude. The character may have a subconscious desire to literally shut out the world of sound. The properties of sign language itself can be exploited for subtle, undetectable conversations to assure the safety of hearing characters. Deaf people have lived during all times, in all places, and historical films can portray a slice of what their lives may have been like. I hope readers will become more aware of deaf characters on the screen, and formulate more theories as to where they fit in the literary/narrative schema. ReferencesMaltin, Leonard. Leonard Maltin’s 2009 Movie Guide. Penguin Group, 2008.Shuchman, John S. Hollywood Speaks. Urbana and Chicago: University of Illinois Press, 1988. Filmography Babel. Dir. Alejandro Gonzalez Inarritu. Central Films, 2006. DVD. Bangkok Dangerous. Dir. Pang Brothers. Film Bangkok, 1999. VHS. Beyond Silence. Dir. Caroline Link. Miramax Films, 1998. DVD. Children of a Lesser God. Dir. Randa Haines. Paramount Pictures, 1985. DVD. A Code Unknown. Dir. Michael Heneke. MK2 Editions, 2000. DVD. Compensation. Dir. Zeinabu Irene Davis. Wimmin with a Mission Productions, 1999. VHS. Crazy Moon. Dir. Allan Eastman. Allegro Films, 1987. VHS. The Family Stone. Dir. Mike Bezucha. 20th Century Fox, 2005. DVD. Four Weddings and a Funeral. Dir. Mike Newell. Polygram Film Entertainment, 1994. DVD. Gas, Food, Lodging. Dir. Allison Anders. IRS Media, 1992. DVD. The Good Shepherd. Dir. Robert De Niro. Morgan Creek, TriBeCa Productions, American Zoetrope, 2006. DVD. Grand Canyon. Dir. Lawrence Kasdan, Meg Kasdan. 20th Century Fox, 1991. DVD. Hear No Evil. Dir. Robert Greenwald. 20th Century Fox, 1993. DVD. The Heart Is a Lonely Hunter. Dir. Robert Ellis Miller. Warner Brothers, 1968. DVD. Huck Finn. Stephen Sommers. Walt Disney Pictures, 1993. VHS. I Don’t Want to Talk about It. Dir. Maria Luisa Bemberg. Mojame Productions, 1994. DVD. Knowing. Dir. Alex Proyas. Escape Artists, 2009. DVD. Illtown. Dir. Nick Gomez. 1998. VHS. In the Company of Men. Dir. Neil LaBute. Alliance Atlantis Communications,1997. DVD. It’s a Wonderful Life. Dir. Frank Capra. RKO Pictures, 1947. DVD. Jerry Maguire. Dir. Cameron Crowe. TriSTar Pictures, 1996. DVD. Johnny Belinda. Dir. Jean Nagalesco. Warner Brothers Pictures, 1948. DVD. Kung Fu Hustle. Dir. Stephen Chow. Film Production Asia, 2004. DVD. Liar, Liar. Dir. Tom Shadyac. Universal Pictures, 1997. DVD. Looking for Mr. Goodbar. Dir. Richard Brooks. Paramount Miracle on 34th Street. Dir. Les Mayfield. 20th Century Fox, 1994. DVD. Mr. Holland’s Opus. Dir. Stephen Hereck. Hollywood Pictures, 1996. DVD Murder by Death. Dir. Robert Moore. Columbia Pictures, 1976. VHS. Nashville. Dir. Robert Altman. Paramount Pictures, 1975. DVD. One Flew over the Cuckoo’s Nest. Dir. Milos Forman. United Artists, 1975. DVD. The Perfect Circle. Dir. Ademir Kenovic. 1997. DVD. Psych Out. Dir. Richard Rush. American International Pictures, 1968. DVD. The Quiet. Dir. Jamie Babbit. Sony Pictures Classics, 2005. DVD. Ramblin’ Rose. Dir. Martha Coolidge. Carolco Pictures, 1991. DVD. Read My Lips. Dir. Jacques Audiard. Panthe Films, 2001. DVD. Requiem for a Dream. Dir. Darren Aronofsky. Artisan Entertainment, 2000. DVD. Ridicule. Dir. Patrice Laconte. Miramax Films, 1996. DVD. The River Wild. Dir. Curtis Hanson. Universal Pictures, 1995. DVD. See No Evil, Hear No Evil. Dir. Arthur Hiller. TriSTar Pictures,1989. DVD. The Shop on Main Street. Dir. Jan Kadar, Elmar Klos. Barrandov Film Studio, 1965. VHS. Stille Liebe. Dir. Christoph Schaub. T and C Film AG, 2001. DVD. Suspect. Dir. Peter Yates. Tri-Star Pictures, 1987. DVD. Sympathy for Mr. Vengeance. Dir. Park Chan-wook. CJ Entertainments, Tartan Films, 2002. DVD. There Will Be Blood. Dir. Paul Thomas Anderson. Paramount Vantage, Miramax Films, 2007. DVD. To Live. Dir. Zhang Yimou. Shanghai Film Studio and ERA International, 1994. DVD. What the Bleep Do We Know?. Dir. Willam Arntz, Betsy Chasse, Mark Vicente. Roadside Attractions, 2004. DVD.