Journal articles on the topic 'Tutsi (african people) – crimes against'

This study, written collaboratively with a native Rwandan author, briefly recalls the historical reality from a Rwandan perspective and addresses the consequences of the Genocide against the Tutsi in Rwanda. Furthermore, the way the Western world was a passive spectator to the economic, political and social pillage and Genocide that occurred in the last part of the 20th Century, that was, in 1994, is discussed. How is reconciliation fostered in the communities across Rwanda? In particular, the sites and communities where massacres were held? Strong community ties and community being central to social work practice is observed in most East African countries, with no exception to Rwanda. While social work pedagogy is something new and possibly introduced by Western idiom, the tradition of welfare and mutual caring (would have been/ has been part) of the Kinyarwanda culture, language, and manner of living. What factors have worked for reconciliation, reconstruction of the society? How were people made to understand violence, and what did they replace it with? How is the post-genocide moral narrative shaped? The traditional indigenous processes that have been utilised, including the Gacaca, unique court process, are briefly discussed. How do people implant hate into people? By the same token, how do people put peace and love into people? These are a few questions that were central to this study throughout.

This paper examines Amos’s prophetic witness and its relevant for today’s church in African countries for promoting social justice. There are three basic concerns that motivate this paper: First, there is growing corruption in African societies; second, there are glaring weaknesses of the church’s prophetic witness in African societies today; and third, there is a great need for the church in Africa to speak out against social injustices. Thus, the writer seeks an appropriate biblical response that could serves as viable response for the church in curtailing social injustices in African society. To achieve this, the writer investigated scholarly opinions on the prophetic roles of the church in promoting social justice while considering the argument for and against. Furthermore, the prophetic witness of Amos was examined and its relevance to the African church. It is therefore recommended based on the prophetic message of Amos, that the church should: (a) support those believers who speak out against the evils in our time: crimes and injustices within the socio-economic and political climate of our time; (b) address issues, such as substance abuse, eating disorders, sexual misconduct and AIDS from a Biblical stance; (c) make people aware of the needs of our time; (d) motivate people to get involved in the sustainable development of their environment, and in addressing issues such as unemployment and poor education; and (e) support those people who are still oppressed, maltreated, abused and belittled.

The themes of colonisation and decolonisation dominate in this issue of JoALLS. The colonisation of African communities by European forces was so inhuman and brutal that it left skeletons of African people littered in affected areas on the continent. The trails of murder, massacre, plunder and displacement of defenceless and innocent Africans by marauding, bloodthirsty colonialists are unsavory, heart-rending and disgusting. The crucial role literature plays in documenting the trials and tribulations of Africans cannot be overemphasized. The historical novel and (auto) biography have always become handy in this regard, although caution should be taken on which perspective they are framed. As you read this issue, you will realise that the words 'Germans' and 'genocide' are what linguists call 'collocates'; in other words, you cannot talk of one of these two words without the other as the Germans' heinous crimes were meant to decimate the Herero and Nama populations of Germany South West Africa, now Namibia. The violence against the indigenous African people was not only frightening but also sickening.

Pour qu’un héritage soit réellement grand, il faut que la main du défunt ne se voie pas.In 2014, a year of memorial ceremonies commemorating the twentieth anniversary of the Rwandan genocide, the International Criminal Tribunal for Rwanda (ICTR) marked its own twentieth year with the launch of a “legacy website.” With the closing of the Tribunal scheduled for December 2015, the question of its legacy had become increasingly pressing. The website premiered a video that “celebrates the accomplishments of the ICTR” in a “visually compelling” style. Blurring the distinction between documentary account and film trailer, the video begins with iconic images of the African continent: a boy rolling a hoop down a dirt road; laborers ferrying wares; women in colorful dresses tending children. These scenes of daily life are interrupted by images of men wielding machetes and corpses, interspersed with the figure of the radio, reminding the viewer that the 1994 genocide was encouraged through broadcasts inciting Hutus to take up arms against their Tutsi neighbors. The video lists the Tribunal’s contributions to international criminal law, but also describes a much broader impact: “a record of legal reform in Rwanda, and outreach, education, legal training, and healing.” Young boys leap into a body of water to punctuate the final term, suggesting the hope of a new Rwanda. The narrator proclaims, “today in Rwanda, it’s safe to listen to the radio again: the sound is of a nation rebuilding.” The film’s final words reach beyond the Rwandan context, affirming that ours is “a world pushing forward despite great imperfection, each day closer to a time when international law offers justice to all people, everywhere.”

This article focuses on the biography and works of South-African poet, writer and artist Wopko Jensma. He was often referred to as “the first South-African”, implying that he, like no other, was able to merge his own culture — that of Afrikaaners — with mythology, music and languages of black and coloured population of the SAR. His works had been exhibited in the USA and Europe and had been forbidden in his homeland as the consequence of his criticism of Apartheid. Jensma, like no other South-African poet, exploited the theme of loneliness, alienation and restlessness. He was not able to close his eyes on the crimes committed by his nation and unable to demonstrate ignorance towards the suppressed groups of people. This feeling of frustration had been growing and, combined with anxiety and helplessness, at the end brought him to schizophrenia. This article concentrates on the analysis of the challenging creative track pursued by Jensma against the background of historical events of Apartheid period. It demonstrates the way how aggressive politics of the State leads to the development of “sick” society, increasing aggression, disintegration, emergence of “double-thinking”, a maddening feeling of being involved in crime. It clearly gives birth to the trauma, which is extremely difficult to overcome, even for the entire generation — and sometimes even impossible to overcome.

Many African authors have consistently embraced topics related to land concerns and the environment that are crucial to local, cultural, and societal development. This essay analyzes Gabriel Okara's The Voice for the depiction of environmental deterioration brought on by corrupt leadership, and the blatant display of power to silent those who speak against injustice. While corruption is a recurrent issue in Nigeria Delta literature, the theme of environmental degradation shows the disastrous effects of oil exploration and exploitation on the Niger Delta area. The paper examines the degree of corruption and pollution in the text under investigation and their repercussions on the ecology of the host communities, which are mostly farmers and fishermen, using Eco-Criticism and Post-Colonial Literary Theories as its theoretical framework. The article makes a connection between these crimes and the West's insensitivity to the misery of the people as a result of its drive for possession. This causes nature to stagnate and the environment to deteriorate. To assess Okara's depiction of power struggles and excessive desire in the midst of abundance through his characters and the community's setting, the paper chooses quotes from the book. It develops the connection between the author and his community as the voice of Africa's oppressed people.

At the 2005 World Summit, the world‘s leaders committed themselves to the “responsibility to protect”, recognizing both that all states have a responsibility to protect their citizens from genocide, war crimes, ethnic cleansing and crimes against humanity and that the UN should help states to discharge this responsibility using either peaceful means or enforcement action. This declaration ostensibly marks an important milestone in the relationship between sovereignty and human rights but its critics argue that it will make little difference in practice to the world’s most threatened people. The purpose of this article is to ask how consensus was reached on the responsibility to protect, given continuing hostility to humanitarian intervention expressed by many (if not most) of the world‘s states and whether the consensus will contribute to avoiding future Kosovos (cases where the Security Council is deadlocked in the face of a humanitarian crises) and future Rwandas (cases where states lack the political will to intervene). It suggests that four key factors contributed to the consensus: pressure from proponents of the International Commission on Intervention and State Sovereignty, its adoption by Kofi Annan and the UN’s High Level Panel, an emerging consensus in the African Union, and the American position. Whilst these four factors contributed to consensus, each altered the meaning of the responsibility to protect in important ways, creating a doctrine that many states can sign up to but that does little to prevent future Kosovos and Rwandas and may actually inhibit attempts to build a consensus around intervention in future cases.

Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in history where such politics is marked by intermittent attacks against people's rights and freedoms. Such attacks occur when politics has gone sour, and there are times when the violence exceeds the bounds of what is acceptable. From the documented atrocities of Nazi Germany, the horrendous crimes of the regime of Slobodan Milosevic in the former Yugoslavia, the outrageous crimes perpetrated during the genocide in Rwanda, the shameful and despicable inhumanities inflicted on the people of Darfur in the Sudan, and the violence in post-electoral Kenya, to the bloodshed in areas like Mali, the Democratic Republic of the Congo, the Central African Republic, etc, violent conflict has punctuated world history. Added to this list of countries is Cameroon, which in the last quarter of 2016 degenerated into a hotspot of political violence in the English-speaking regions. The perpetration of political violence in Cameroon has raised serious questions that may be relevant not only to the resolution of the political problem that gave rise to the violence but also to laying the foundations of a post-conflict Cameroon that is united and honours the principles of truth, justice and reconciliation. This paper describes some of the salient occurrences of political violence in Cameroon and argues that the presence of specific elements elevates this violence to the level of a serious crime in international law. It is argued herein that crimes against humanity may have been committed during the state action against the Anglophones in Cameroon. It is also argued that the political character of the violence, added to the scale of the victimisation and its systematic and protracted nature, qualify Cameroon as a transitional society engaged in conflict that is in need of transitional justice. Reflecting on the extent of the suffering of the victims of such political violence, this paper discusses the function of the justice system in establishing the truth and holding the perpetrators accountable. Past instances of political violence in Cameroon have been glossed over, but in our opinion, healing a fragmented and disunited Cameroon with its history of grave violations of human rights requires that the perpetrators be held accountable, and that truth and justice should prevail. Such considerations should be factored into the legal and political architecture of a post-conflict, transitional Cameroon.

This critique is a review of heinous crimes. It assesses to connect with perpetrators, victims, people and institutions and change professed through the works of the Tribunals and The Hague Court and share the feeling with the concerned ones. The objectives of the paper are three-fold: (1) to study the situations of the investigation, prosecution and punishment on accountability; (2) to analyze the preference for justice: victors’ justice or victims’ justice; and (3) to access the critiques on violations of human rights and humanitarian law beyond the borders. Experiences on Transitional Justice, Human Security, and Human Rights among others feel touched, inspired and motivated to the author for this pioneer paper. This state-of-the-art paper is examined based on archival research, exchanging and sharing way forward with over 100 international publications and lessons-learned centric theoretical approach comprising snow-ball techniques. The study theorizes: (1) Retributive Justice Theory: Punishment is justified as perpetrator deserves for penalty, equivalent vengeance; (2) Utilitarian Justice Theory: Punishment is justified to mid-and-junior level perpetrators scooting-free to the top-most policymakers including Emperor Hirohito. Allied powers believed that Hirohito can only fight against the communism; (3) Denunciation Justice Theory: Punishment is justified by pressure of society that sends a clear message: offence is a heinous crime and sentencing a perpetrator is logically just; (4) Restorative Justice Theory: Punishment is justified as crimes of perpetrators hurt everyone and justice repairs the damage satisfying through accountability, reparation, rehabilitation and reconciliation; and (5) Transnational Justice Theory: Punishment is justified to operate outside a nation territory that penalizes the perpetrators as a crime of international concern. The Nuremberg and Tokyo Tribunals had virtually been victor’s justice with self-righteous fraud and lynching bodies. The Tokyo Tribunal never talks about bombings at Chinese cities. The U.S. and its axis powers discourage future aggressions accepting victor’s justice. The UN failed to restore peace and security. Cronyism was/is widespread. All Tribunals seemed pseudo justice bodies. People criticize these for being one-sided, inefficient, ineffectiveness, politicized, lengthy, very costly and unfair bodies. The U.S. and its satellite nations control both Tribunals and The Hague Court providing funds, instruments and staff. The Hague Court is a highly debated body with many flaws, targeting mostly poor and opponent African countries. Most grave crimes committed go unpunished. Thus, justice delivery appears as a sword in a judge's toupee. If The Hague Court is continuously influenced by powerful non-signatories of Statute, the relevance of its functions are hopeless. Justice becomes elusive for the innocent, weak and poor ones.

Alcohol drinking habit is a serious epidemic that afflicts people worldwide regardless of socioeconomic class and the country’s development or civilization. The purpose of this systematic review was to summarize research findings on drinking and driving, its implications for Nigerian society, and the role forensic science can play in drunk driving. Nigeria, in particular has seen a lot of fatal accidents attributed to alcohol but due to a lack of forensic sobriety and toxicology drug tests at the crash scene that is not yet in place in the country, the offenders are not punished for this crime. The only two African countries that have legislation on Blood Alcohol Concentration (BAC) are South Africa and Zimbabwe. Nigeria has no such legislation and does not conduct such tests in injury and fatal accident cases. The prevalence of drinking habits among Nigerians and in particular the drivers cannot be ignored. This study examined global drinking habits including its prevalence in Nigeria and more importantly understudied the need for forensic science interplay in a criminal investigation against drunk driving in the country. Drunk driving in Nigeria is a serious problem. Establishing and enforcing drunken driving laws as a criminal offense would assist the country in the reduction of road accidents, injuries, and fatalities relating to road accidents. Forensic science is a unique field that is equipped with skills and knowledge that could be useful for criminal investigation in the country including accident cases. Forensic scientists have outstanding technical skills to identify, detect, and even assist the country’s prosecutors in the administration of justice in crime investigations. Nigeria as a country will be well served if forensic scientists work in partnership with the government. Drinking and driving in addition to other crimes has become a matter of concern. The country’s police force and courts still rely mostly on eyewitness circumstantial evidence, testimonies, and suspects’ confessions. Based on this, I personally believe that the advent of Forensic science in the country’s system will assist a great deal in solving crimes and reducing fatal accidents due to drunk driving.

On the morning of September 11, 2001, New York City-based Community Relations Service (“CRS”) Regional Director Reinaldo Rivera was at a New Jersey summit on racial profiling. At 8:46 a.m., an American Airlines 767 crashed into the North Tower of New York City’s World Trade Center. Because Rivera was with the New Jersey state attorney general, he quickly learned of the attack. Rivera immediately called his staff members, who at that moment were traveling to Long Island, New York, for an unrelated case. Getting into Manhattan had already become difficult, so Rivera instructed his conciliators to remain on standby. At 9:03 a.m., another 767, United Airlines Flight 175, flew into the World Trade Center’s South Tower. September 11 initiated a new, fraught-filled era for the United States. For CRS, an agency within the United States Department of Justice, it was the beginning of a long-term immersion into conflict issues that involved discrimination and violence against those whose appearance led them to be targets of anti-terrorist hysteria or mis- placed backlash. Appropriately, in the days following 9/11, the federal government, including the Federal Bureau of Investigation (“FBI”), concentrated on ferreting out the culprits of the heinous acts. However, the FBI discovered that Middle Eastern terrorists were responsible for the tragedies, and communities around the nation saw a surge of violence against people who appeared to be of Middle Eastern descent, requiring a response to protect those who were unfairly targeted. These outbreaks began as soon as September 12. Police in Illinois stopped 300 people from marching on a Chicago-area mosque. In Gary, Indiana, a masked gunman shot twenty-one times at a Yemeni- American gas station attendant. In Texas, a mosque was hit by six bullets. On September 15, a man who had been reported by an Applebee’s waiter as saying that he wanted to “shoot some rag heads” shot a Chevron gas station owner Balbir Singh Sodhi, a Sikh-American. The man, Frank Roque, shot through his car window, and five bullets hit Sodhi, killing him instantly. Roque drove to a home he previously owned and had sold to an Afghan-American couple and fired on it. He then shot a Lebanese-American man. According to a police report, Roque said in reference to the 9/11 tragedy, “I [cannot] take this anymore. They killed my brothers and sisters.” Former Transportation Secretary Norman Mineta said, reflecting ten years later on the hate crimes that followed the attack on the World Trade Center, “The tragedy of September 11th should be remembered in the sense of making sure that we [do not] let our emotions run away in terms of trying to show our commitment and conviction about patriotism [and] loyalty.” The events created a new chapter in American race relations, one in which racial tensions and fear were higher than ever for Arabs, Muslims, South Asians, Sikhs, and others who could be targeted in anti-Islamic hysteria because of their physical appearance or dress. In 2011, a CBS–New York Times poll found that 78% agreed that Muslims, Arab-Americans, and immigrants from the Middle East are singled out unfairly by people in this country. Shortly after the September 11 attacks, this number stood at 90%. The same poll also found that one in three Americans think Muslim-Americans are more sympathetic to terrorists than other Americans. To address these misconceptions in the years following 9/11, CRS has done a significant amount of outreach, dispute resolution, and training to mitigate unfounded backlash against Arabs, Muslims, and Sikhs. Under CRS Director Freeman, the agency produced Sikh and Muslim cultural-competency trainings and two training videos: On Common Ground, which provides background on Sikhism and concerns about safety held by Sikhs in America; and The First Three to Five Seconds, which provides background on Muslims and information on their interactions with law enforcement. In 2009, President Obamas signed the Matthew Shepard-James Byrd Junior Hate Crimes Prevention Act. The Act explicitly gave CRS jurisdiction to respond to and prevent hate crimes. For the first time, CRS jurisdiction expanded beyond race. Specifically, CRS was now authorized to work on issues of religion, gender, sexual orientation, gender identity, and disability in addition to race, color, and national origin. When I became CRS Director in 2012, following the continued incidents of unfounded violence and prejudice against those perceived as sharing heritage with Middle Eastern terrorists, I directed the agency to update the trainings and launched an initiative for regional offices to conduct these Sikh and Muslim cultural-competency trainings. In the years following 9/11, controversy has continued over racial profiling of Arab, Muslim, and Sikh individuals. Owing to the nature of the attack, one particular area of ongoing concern is access to airplane flights. Director of Transportation Mineta recalled how the racial profiling he witnessed echoed his own experience as a Japanese-American citizen: [T]here were a lot of people saying, “[We are] not [going to] let Middle Easterners or Muslims on the planes.” And I thought about my own experience [during World War II] because people [could not] make the distinction between the people who were flying the airplanes that attacked Pearl Harbor and the people who were living in Washington, Oregon, and California, who looked like the people flying the airplanes. In response to this problem, CRS trained thousands of law enforcement and Transit Security Association employees on cultural professionalism in working with Arab, Muslim, and Sikh individuals. The work of addressing the profiling and mistreatment of Arab-Americans, Muslims, and Sikhs also spiked after the 2013 bombing of the Boston Marathon. CRS conciliators again reached out to leaders throughout the country at mosques and gurdwaras to confront safety and security issues regarding houses of worship and concerns about backlash violence based on faith, nationality, and race. Since 9/11, CRS’s work on racial profiling continues to respond to increasing conflicts and tensions both within the United States and around the globe. In the wake of the 9/11 tragedy, CRS adjusted its priorities and reallocated resources in the wake of the September 11 tragedy to address the needs of targeted communities and further intercultural understanding. CRS did so by increasing the religious awareness training provided to law enforcement and other agencies, and it committed more resources to working with Muslim and Sikh faith and advocacy organizations and people. This work was not originally envisioned when the 1964 Civil Rights Act created CRS. How- ever, this new focus reflects how the model of the African-American civil rights movement has inspired other efforts to attain equality and justice for minority groups in the United States. Just as the tragedy in Selma helped lead to the passage of the 1965 Voting Rights Act, the Oak Creek tragedy helped lead the FBI to update its hate crime categories. Former FBI Director James Comey articulated this idea best in his speech to the Anti-Defamation League, stating “do a better job of tracking and reporting hate crime to fully understand what is happening in our communities and how to stop it.” The Community Relations Service has evolved over time since its 1964 origins, and a substantial component has been the work in response to post 9/11 unfounded racial and religious violence.

Purpose The purpose of this paper is to articulate that ill-defined global prohibition regimes such as anti-money laundering (AML) could potentially cause more harm than good. The author has carried out a scoping review of some anti-money laundering regimes such as the USA PATRIOT Act to demonstrate how they have been harnessed in some jurisdictions. It deconstructs the broad scope in which money laundering offences are conceptualized and applied by different jurisdictions and its inherent challenges. It has scoped a wide range of issues, often articulating the inherent controversies in some engendered AML regimes such as the USA PATRIOT Act (2001) and its revised Know Your Customer (KYC) model. Design/methodology/approach This paper was undertaken by straddling a wide range of issues in relation to the shortcomings that are inherent in AML regulatory regimes and their application in practice. However, the analysis focuses on the failures of some AML regimes concentrating largely on the UK and US jurisdictions and, occasionally, drawing examples from African countries. It uses examples from a small sample of countries and then hypothesized that if a regulatory regime is broadly defined, it could cause confusion in its application, let alone being counterproductive to the purpose it was adopted to achieve. It might, therefore, not be very helpful in streamlining how desired norms should be harnessed in practice. Findings The findings of this paper have correlated that broadly and ill-defined regulatory regimes are bound to cause confusion and controversies, let alone being counterproductive to the purpose they were adopted to achieve. The USA PATRIOT Act and KYC are some of the few examples, whereby ill-defined regulatory regimes have provided a recipe for controversies and tensions between regulatory domains and citizens. For instance, the surveillance mandate to US regulatory authorities under the USA PATRIOT Act has generated tensions between citizens and banks. Cases have been filed against banks for over-exercising their powers and interfering with the individual freedoms of US citizens. Research limitations/implications The paper was written largely based on analysis of secondary data on AML regimes and the controversies their application often generates in some countries. For instance, the USA PATRIOT Act has generated tensions between the USA and foreign states, banks and citizens, because of excessive use of its surveillance mandate on the privacy of individuals. Bearing this challenge in mind, it would have been better for the analysis to focus on many countries and, probably, interview bankers and internalize their views accordingly. Practical implications The paper is informative. It could be used for making desired policy changes and enhancing research on global regulatory regimes and how they are evolved and applied in practice. It has practical relevance for banks, researchers, students, policy/oversight institutions and governments and it is therefore a worthy read. Social implications The regulation of money laundering crimes is imperative, because, if left unchecked, it can undermine economies, governments and people and erode the fabric of society. However, as much as it is imperative to enact the desired rules to curtail the threat of money laundering and its predicate offences or even forestall it, regimes should be evolved with caution not to alienate the very purpose they were adopted to achieve. For instance, if the application of engendered rules generates tensions between citizens and regulatory authorities, it cannot reflect well not only on the government’s image but can also be counterproductive. Originality/value The paper was written using primary and secondary data sources but evaluated using empirical evidence drawn from different jurisdictions. It is therefore original because it is written and evaluated in its unique way to extend the parameters of knowledge on evolution and conceptualization of money laundering regimes.

This paper aims to portray the overall picture of poverty in the world and mentions the key solution to overcome poverty from a critical perspective. The data and figures were quoted from a number of researchers and organizations in the field of poverty around the world. Simultaneously, the information strengthens the correlations among poverty and lack of education. Only appropriate philosophies of education can improve the country’s socio-economic conditions and contribute to effective solutions to worldwide poverty. In the 21st century, despite the rapid development of science and technology with a series of inventions brought into the world to make life more comfortable, human poverty remains a global problem, especially in developing countries. Poverty, according to Lister (2004), is reflected by the state of “low living standards and/or inability to participate fully in society because of lack of material resources” (p.7). The impact and serious consequences of poverty on multiple aspects of human life have been realized by different organizations and researchers from different contexts (Fraser, 2000; Lister, 2004; Lipman, 2004; Lister, 2008). This paper will indicate some of the concepts and research results on poverty. Figures and causes of poverty, and some solutions from education as a key breaker to poverty will also be discussed. Creating a universal definition of poverty is not simple (Nyasulu, 2010). There are conflicts among different groups of people defining poverty, based on different views and fields. Some writers, according to Nyasulu, tend to connect poverty with social problems, while others focus on political or other causes. However, the reality of poverty needs to be considered from different sides and ways; for that reason, the diversity of definitions assigned to poverty can help form the basis on which interventions are drawn (Ife and Tesoriero, 2006). For instance, in dealing with poverty issues, it is essential to intervene politically; economic intervention is very necessary to any definition of this matter. A political definition necessitates political interventions in dealing with poverty, and economic definitions inevitably lead to economic interventions. Similarly, Księżopolski (1999) uses several models to show the perspectives on poverty as marginal, motivation and socialist. These models look at poverty and solutions from different angles. Socialists, for example, emphasize the responsibilities of social organization. The state manages the micro levels and distributes the shares of national gross resources, at the same time fighting to maintain the narrow gap among classes. In his book, Księżopolski (1999) also emphasizes the changes and new values of charity funds or financial aid from churches or organizations recognized by the Poor Law. Speaking specifically, in the new stages poverty has been recognized differently, and support is also delivered in limited categories related to more specific and visible objectives, with the aim of helping the poor change their own status for sustainable improvement. Three ways of categorizing the poor and locating them in the appropriate places are (1) the powerless, (2) who is willing to work and (3) who is dodging work. Basically, poverty is determined not to belong to any specific cultures or politics; otherwise, it refers to the situation in which people’s earnings cannot support their minimum living standard (Rowntree, 1910). Human living standard is defined in Alfredsson & Eide’s work (1999) as follows: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” (p. 524). In addition, poverty is measured by Global Hunger Index (GHI), which is calculated by the International Food Policy Institute (IFPRI) every year. The GHI measures hunger not only globally, but also by country and region. To have the figures multi-dimensionally, the GHI is based on three indicators: 1. Undernourishment: the proportion of the undernourished as a percentage of the population (reflecting the share of the population with insufficient calorie intake). 2. Child underweight: the proportion of children under age 5 who are underweight (low weight for their age, reflecting wasting, stunted growth or both), which is one indicator of child under-nutrition. 3. Child mortality: the mortality rate of children under 5 (partially reflecting the fatal synergy of inadequate dietary intake and unhealthy environments). Apart from the individual aspects and the above measurement based on nutrition, which help partly imagine poverty, poverty is more complicated, not just being closely related to human physical life but badly affecting spiritual life. According to Jones and Novak (1999 cited in Lister, 2008), poverty not only characterizes the precarious financial situation but also makes people self-deprecating. Poverty turns itself into the roots of shame, guilt, humiliation and resistance. It leads the poor to the end of the road, and they will never call for help except in the worst situations. Education can help people escape poverty or make it worse. In fact, inequality in education has stolen opportunity for fighting poverty from people in many places around the world, in both developed and developing countries (Lipman, 2004). Lipman confirms: “Students need an education that instills a sense of hope and possibility that they can make a difference in their own family, school, and community and in the broader national and global community while it prepare them for multiple life choices.” (p.181) Bradshaw (2005) synthesizes five main causes of poverty: (1) individual deficiencies, (2) cultural belief systems that support subcultures of poverty, (3) economic, political and social distortions or discrimination, (4) geographical disparities and (5) cumulative and cyclical interdependencies. The researcher suggests the most appropriate solution corresponding with each cause. This reflects the diverse causes of poverty; otherwise, poverty easily happens because of social and political issues. From the literature review, it can be said that poverty comes from complex causes and reasons, and is not a problem of any single individual or country. Poverty has brought about serious consequences and needs to be dealt with by many methods and collective effort of many countries and organizations. This paper will focus on representing some alarming figures on poverty, problems of poverty and then the education as a key breaker to poverty. According to a statistics in 2012 on poverty from the United Nations Development Program (UNDP), nearly half the world's population lives below the poverty line, of which is less than $1.25 a day . In a statistics in 2015, of every 1,000 children, 93 do not live to age 5 , and about 448 million babies are stillborn each year . Poverty in the world is happening alarmingly. According to a World Bank study, the risk of poverty continues to increase on a global scale and, of the 2009 slowdown in economic growth, which led to higher prices for fuel and food, further pushed 53 million people into poverty in addition to almost 155 million in 2008. From 1990 to 2009, the average GHI in the world decreased by nearly one-fifth. Many countries had success in solving the problem of child nutrition; however, the mortality rate of children under 5 and the proportion of undernourished people are still high. From 2011 to 2013, the number of hungry people in the world was estimated at 842 million, down 17 percent compared with the period 1990 to 1992, according to a report released by the Food and Agriculture Organization of the United Nations (FAO) titled “The State of Food Insecurity in the World 2013” . Although poverty in some African countries had been improved in this stage, sub-Saharan Africa still maintained an area with high the highest percentage of hungry people in the world. The consequences and big problems resulting from poverty are terrible in the extreme. The following will illustrate the overall picture under the issues of health, unemployment, education and society and politics ➢ Health issues: According a report by Manos Unidas, a non- government organization (NGO) in Spain , poverty kills more than 30,000 children under age 5 worldwide every day, and 11 million children die each year because of poverty. Currently, 42 million people are living with HIV, 39 million of them in developing countries. The Manos Unidas report also shows that 15 million children globally have been orphaned because of AIDS. Scientists predict that by 2020 a number of African countries will have lost a quarter of their population to this disease. Simultaneously, chronic drought and lack of clean water have not only hindered economic development but also caused disastrous consequences of serious diseases across Africa. In fact, only 58 percent of Africans have access to clean water; as a result, the average life expectancy in Africa is the lowest in the world, just 45 years old (Bui, 2010). ➢ Unemployment issues: According to the United Nations, the youth unemployment rate in Africa is the highest in the world: 25.6 percent in the Middle East and North Africa. Unemployment with growth rates of 10 percent a year is one of the key issues causing poverty in African and negatively affecting programs and development plans. Total African debt amounts to $425 billion (Bui, 2010). In addition, joblessness caused by the global economic downturn pushed more than 140 million people in Asia into extreme poverty in 2009, the International Labor Organization (ILO) warned in a report titled The Fallout in Asia, prepared for the High-Level Regional Forum on Responding to the Economic Crisis in Asia and the Pacific, in Manila from Feb. 18 to 20, 2009 . Surprisingly, this situation also happens in developed countries. About 12.5 million people in the United Kingdom (accounting for 20 percent of the population) are living below the poverty line, and in 2005, 35 million people in the United States could not live without charity. At present, 620 million people in Asia are living on less than $1 per day; half of them are in India and China, two countries whose economies are considered to be growing. ➢ Education issues: Going to school is one of the basic needs of human beings, but poor people cannot achieve it. Globally, 130 million children do not attend school, 55 percent of them girls, and 82 million children have lost their childhoods by marrying too soon (Bui, 2010). Similarly, two-thirds of the 759 million illiterate people in total are women. Specifically, the illiteracy rate in Africa keeps increasing, accounting for about 40 percent of the African population at age 15 and over 50 percent of women at age 25. The number of illiterate people in the six countries with the highest number of illiterate people in the world - China, India, Indonesia, Brazil, Bangladesh and Egypt - reached 510 million, accounting for 70 percent of total global illiteracy. ➢ Social and political issues: Poverty leads to a number of social problems and instability in political systems of countries around the world. Actually, 246 million children are underage labors, including 72 million under age 10. Simultaneously, according to an estimate by the United Nations (UN), about 100 million children worldwide are living on the streets. For years, Africa has suffered a chronic refugee problem, with more than 7 million refugees currently and over 200 million people without homes because of a series of internal conflicts and civil wars. Poverty threatens stability and development; it also directly influences human development. Solving the problems caused by poverty takes a lot of time and resources, but afterward they can focus on developing their societies. Poverty has become a global issue with political significance of particular importance. It is a potential cause of political and social instability, even leading to violence and war not only within a country, but also in the whole world. Poverty and injustice together have raised fierce conflicts in international relations; if these conflicts are not satisfactorily resolved by peaceful means, war will inevitably break out. Obviously, poverty plus lack of understanding lead to disastrous consequences such as population growth, depletion of water resources, energy scarcity, pollution, food shortages and serious diseases (especially HIV/AIDS), which are not easy to control; simultaneously, poverty plus injustice will cause international crimes such as terrorism, drug and human trafficking, and money laundering. Among recognizable four issues above which reflected the serious consequences of poverty, the third ones, education, if being prioritized in intervention over other issues in the fighting against poverty is believed to bring more effectiveness in resolving the problems from the roots. In fact, human being with the possibility of being educated resulted from their distinctive linguistic ability makes them differential from other beings species on the earth (Barrow and Woods 2006, p.22). With education, human can be aware and more critical with their situations, they are aimed with abilities to deal with social problems as well as adversity for a better life; however, inequality in education has stolen opportunity for fighting poverty from unprivileged people (Lipman, 2004). An appropriate education can help increase chances for human to deal with all of the issues related to poverty; simultaneously it can narrow the unexpected side-effect of making poverty worse. A number of philosophies from ancient Greek to contemporary era focus on the aspect of education with their own epistemology, for example, idealism of Plato encouraged students to be truth seekers and pragmatism of Dewey enhanced the individual needs of students (Gutex, 1997). Education, more later on, especially critical pedagogy focuses on developing people independently and critically which is essential for poor people to have ability of being aware of what they are facing and then to have equivalent solutions for their problems. In other words, critical pedagogy helps people emancipate themselves and from that they can contribute to transform the situations or society they live in. In this sense, in his most influential work titled “Pedagogy of the Oppressed” (1972), Paulo Freire carried out his critical pedagogy by building up a community network of peasants- the marginalized and unprivileged party in his context, aiming at awakening their awareness about who they are and their roles in society at that time. To do so, he involved the peasants into a problem-posing education which was different from the traditional model of banking education with the technique of dialogue. Dialogue wasn’t just simply for people to learn about each other; but it was for figuring out the same voice; more importantly, for cooperation to build a social network for changing society. The peasants in such an educational community would be relieved from stressfulness and the feeling of being outsiders when all of them could discuss and exchange ideas with each other about the issues from their “praxis”. Praxis which was derived from what people act and linked to some values in their social lives, was defined by Freire as “reflection and action upon the world in order to transform it” (p.50). Critical pedagogy dialogical approach in Pedagogy of the Oppressed of Freire seems to be one of the helpful ways for solving poverty for its close connection to the nature of equality. It doesn’t require any highly intellectual teachers who lead the process; instead, everything happens naturally and the answers are identified by the emancipation of the learners themselves. It can be said that the effectiveness of this pedagogy for people to escape poverty comes from its direct impact on human critical consciousness; from that, learners would be fully aware of their current situations and self- figure out the appropriate solutions for their own. In addition, equality which was one of the essences making learners in critical pedagogy intellectually emancipate was reflected via the work titled “The Ignorant Schoolmaster” by Jacques Rancière (1991). In this work, the teacher and students seemed to be equal in terms of the knowledge. The explicator- teacher Joseph Jacotot employed the interrogative approach which was discovered to be universal because “he taught what he didn’t know”. Obviously, this teacher taught French to Flemish students while he couldn’t speak his students’ language. The ignorance which was not used in the literal sense but a metaphor showed that learners can absolutely realize their capacity for self-emancipation without the traditional teaching of transmission of knowledge from teachers. Regarding this, Rancière (1991, p.17) stated “that every common person might conceive his human dignity, take the measure of his intellectual capacity, and decide how to use it”. This education is so meaningful for poor people by being able to evoking their courageousness to develop themselves when they always try to stay away from the community due the fact that poverty is the roots of shame, guilt, humiliation and resistance (Novak, 1999). The contribution of critical pedagogy to solving poverty by changing the consciousness of people from their immanence is summarized by Freire’s argument in his “Pedagogy of Indignation” as follows: “It is certain that men and women can change the world for the better, can make it less unjust, but they can do so from starting point of concrete reality they “come upon” in their generation. They cannot do it on the basis of reveries, false dreams, or pure illusion”. (p.31) To sum up, education could be an extremely helpful way of solving poverty regarding the possibilities from the applications of studies in critical pedagogy for educational and social issues. Therefore, among the world issues, poverty could be possibly resolved in accordance with the indigenous people’s understanding of their praxis, their actions, cognitive transformation, and the solutions with emancipation in terms of the following keynotes: First, because the poor are powerless, they usually fall into the states of self-deprecation, shame, guilt and humiliation, as previously mentioned. In other words, they usually build a barrier between themselves and society, or they resist changing their status. Therefore, approaching them is not a simple matter; it requires much time and the contributions of psychologists and sociologists in learning about their aspirations, as well as evoking and nurturing the will and capacities of individuals, then providing people with chances to carry out their own potential for overcoming obstacles in life. Second, poverty happens easily in remote areas not endowed with favorable conditions for development. People there haven’t had a lot of access to modern civilization; nor do they earn a lot of money for a better life. Low literacy, together with the lack of healthy forms of entertainment and despair about life without exit, easily lead people into drug addiction, gambling and alcoholism. In other words, the vicious circle of poverty and powerlessness usually leads the poor to a dead end. Above all, they are lonely and need to be listened to, shared with and led to escape from their states. Community meetings for exchanging ideas, communicating and immediate intervening, along with appropriate forms of entertainment, should be held frequently to meet the expectations of the poor, direct them to appropriate jobs and, step by step, change their favorite habits of entertainment. Last but not least, poor people should be encouraged to participate in social forums where they can both raise their voices about their situations and make valuable suggestions for dealing with their poverty. Children from poor families should be completely exempted from school fees to encourage them to go to school, and curriculum should also focus on raising community awareness of poverty issues through extracurricular and volunteer activities, such as meeting and talking with the community, helping poor people with odd jobs, or simply spending time listening to them. Not a matter of any individual country, poverty has become a major problem, a threat to the survival, stability and development of the world and humanity. Globalization has become a bridge linking countries; for that reason, instability in any country can directly and deeply affect the stability of others. The international community has been joining hands to solve poverty; many anti-poverty organizations, including FAO (Food and Agriculture Organization), BecA (the Biosciences eastern and central Africa), UN-REDD (the United Nations Programme on Reducing Emissions from Deforestation and Forest Degradation), BRAC (Building Resources Across Communities), UNDP (United Nations Development Programme), WHO (World Health Organization) and Manos Unidas, operate both regionally and internationally, making some achievements by reducing the number of hungry people, estimated 842 million in the period 1990 to 1992, by 17 percent in 2011- to 2013 . The diverse methods used to deal with poverty have invested billions of dollars in education, health and healing. The Millennium Development Goals set by UNDP put forward eight solutions for addressing issues related to poverty holistically: 1) Eradicate extreme poverty and hunger. 2) Achieve universal primary education. 3) Promote gender equality and empower women. 4) Reduce child mortality. 5) Improve maternal health. 6) Combat HIV/AIDS, malaria and other diseases. 7) Ensure environmental sustainability. 8) Develop a global partnership for development. Although all of the mentioned solutions carried out directly by countries and organizations not only focus on the roots of poverty but break its circle, it is recognized that the solutions do not emphasize the role of the poor themselves which a critical pedagogy does. More than anyone, the poor should have a sense of their poverty so that they can become responsible for their own fate and actively fight poverty instead of waiting for help. It is not different from the cores of critical theory in solving educational and political issues that the poor should be aware and conscious about their situation and reflected context. It is required a critical transformation from their own praxis which would allow them to go through a process of learning, sharing, solving problems, and leading to social movements. This is similar to the method of giving poor people fish hooks rather than giving them fish. The government and people of any country understand better than anyone else clearly the strengths and characteristics of their homelands. It follows that they can efficiently contribute to causing poverty, preventing the return of poverty, and solving consequences of the poverty in their countries by many ways, especially a critical pedagogy; and indirectly narrow the scale of poverty in the world. In a word, the wars against poverty take time, money, energy and human resources, and they are absolutely not simple to end. Again, the poor and the challenged should be educated to be fully aware of their situation to that they can overcome poverty themselves. They need to be respected and receive sharing from the community. All forms of discrimination should be condemned and excluded from human society. When whole communities join hands in solving this universal problem, the endless circle of poverty can be addressed definitely someday. More importantly, every country should be responsible for finding appropriate ways to overcome poverty before receiving supports from other countries as well as the poor self-conscious responsibilities about themselves before receiving supports from the others, but the methods leading them to emancipation for their own transformation and later the social change.

Intentional killings, destruction and extermination of entire groups; widespread or systematic attack directed against civilians pursuant to state policy or that of other organisations; disregard for human rights; war crimes and acts of aggression, have ravaged the world in general and the continent of Africa in particular. The atrocities in Rwanda prompted UN Secretary-General Kofi Annan to conclude that “man’s capacity for evil knows no limits”. On 2 September 1998, the International Criminal Tribunal for Rwanda (ICTR) in The Prosecutor v Jean-Paul Akayesu (Case No CTR-9-4-T) found the accused guilty of genocide. The tribunal concluded that genocide was indeed committed in Rwanda in 1994 against the Tutsi as a group, and that the genocide appears to have been meticulously organised. Ethnic and religious tension continues to plague other parts of Africa, such as the Hutu/Tutsi conflict in Burundi and Christian/Muslim friction in Nigeria. Chad, Sudan, Uganda, Sierra Leone, Ivory Coast, the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) have all been wracked with protracted civil wars.It is reported that the Congolese rebel leader Jeanne-Pierre Bemba is likely to be the first to be investigated for prosecution before the International Criminal Court.The situations in Angola and Liberia testify to atrocities which in international law can be classified as war crimes and crimes against humanity. According to a Business Day report Zimbabwean NGOs have threatened ICC action against the Zanu-PF elite. The commission of grave atrocities on the continent has, however, not been limited to conflict situations. The terror under the rule of Amin and Obote of Uganda, Bokassa of the CAR, Habre of Chad, Mengistu of Ethiopia, Nguema of Equatorial Guinea, and Mobutu of the DRC illustrate that gross human rights violations in Africa have not necessarily only occurred during times of war.Also significant is the fact that the International Criminal Court (ICC) Statute includes apartheid (defined in a 7(2)(h) “as inhumane acts committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”) as a category of crimes against humanity. In no other continent has the effect of apartheid been felt like in Africa. Until a little over a decade ago apartheid was institutionalised in South Africa.

Excavation of mass graves can help in the aftermath of genocides by providing closure for surviving families and aiding in successful prosecution of criminals. In this article, I compare the methods used to investigate mass graves from cases in Rwanda and Guatemala. Anthropologists in Guatemala used excavations to provide closure for families who suffered through a 36-year governmental assault on the indigenous Mayan people. In contrast, Rwanda’s genocide on ethnic Tutsi compelled the UN to form an investigative team to use evidence collected to prosecute those whomthey deemed to have committed crimes against humanity. Comparing these two cases exemplifies how purpose affects exhumation, analysis, and resources; for example, Guatemalan investigators worked extensively with local peoples throughout investigations, while Rwandan investigators only used families to obtain legally defensible positive identificationIDs. In addition, Iwilladdress some of the issues with excavation of mass graves,including resource deficits, DNA analysis, and commingled remains.

This article examines the disrespectful, abusive and violent maternity care that many South African people face.It identifies this conduct as a human rights violation and argues that intentional abusive maternity care should be labelled as obstetric violence, a specific form of gender-based violence, and that it should be criminalised. This approach reflects a nascent global trend to act against obstetric violence, and draws inspiration from statutory crimes introduced in Venezuela and Mexico. Building on the Latin American experience, the article proposes how the current legal conception of obstetric violence should be further developed to suit the unique position of pregnant people in South Africa.

In the past, the role of the pastor was not only recognised by the church in which he served, but also by the entire community. Government, institutions, and society at large to an extent relied on pastors to help build up communities. For this reason, politicians and the media sought pastoral opinions in times of strife, boycotts, and other upheavals. Public offences such as rape, murder, robbery, violence and other crimes have always been described as the deeds of evil people whose lives are far removed from the Christian and other religions. What makes corruption and crime worse in our country, is the perception of moral degeneration, among other reasons. It is a concern of this researcher that, instead of pastoral leadership preaching peace and addressing issues related to moral regeneration, they are becoming part of the problem rather than the solution. This article intends to show, by way of research, that, for pastors and ministers to participate in corrupt and immoral deeds, is problematic not only for the churches they serve, but also the communities in which they live. This article offers pastoral guidelines on the church’s responsibility in combatting pastors’ immoral actions.Contribution: Church pastors, as community leaders, have some responsibility for eliminating and reducing rather than dismissing or contributing to the moral degeneration engulfing South Africa. It is the conviction of this author that, if pastors practise what they preach, half of the fight against moral degeneration would be won through their exemplary lives. The pastoral position has a moral impact and an influence in local communities.

Investigators are an important apparatus in tackling highly organized crimes committed in a state of high confidentiality. In Africa, surveillance techniques are commonly used to expose many crimes including serious offences against individuals or a society. However, ethnographic objects and other cultural remains have received less investigative attention, and as the result they have been illegally exported out of the continent for economic benefits. Ethnographic objects refer to objects made, modified or used by humans that collectively represent cultural references and they are protected by law, rules, or customs. Cultural remains refer to tangible movable objects made, shaped, painted, sculptured, inscribed, and produced or modified by human agency. In Tanzania, like in many other African countries, relics and ethnographic objects have been plundered and illegally traded in underground economy across the world. People engaged in trading of ethnographic objects use souvenir markets as decoys and shipping passage to send goods abroad. This article presents the results from a recent investigation conducted at one of the souvenir markets in Mwenge, Dar es Salaam, Tanzania, where cultural relics and ethnographic objects from Tanzania and other African countries have been brought together and shipped abroad for commercial interests. A joint team of undercover intelligence agents and key informants participated in a confidential work to investigate the process by which ethnographic objects are collected, marketed and distributed to local and foreign markets. Mwenge is one of the largest and most popular souvenir centers with large and unique artefacts shops operating as tourism attractions. During this investigation, which spanned six months, our team identified 530 ethnographic objects which were on the market, ready to be sold and exported, despite their legal status under Tanzanian law, according to which their sale and export are unlawful. This study revealed that people who are engaged in the illicit trading activities of relics and ethnographic objects are knowledgeable, use legitimate business license, collection- and export permits to conceal their illicit trade of ethnographic objects. Furthermore, they are aware of the poor monitoring institutions and the illiteracy among security officials at ports of exits. This article discloses some of the techniques used to conceal the trafficking of cultural objects in Tanzania and proposes suitable measures to counter the problem.

Witchcraft beliefs have been the cause of some of the cruellest crimes against vulnerable groups, particularly the elderly, in many African societies since the pre-colonial era. People accused of being witches are often subjected to all manner of mistreatments – ostracism/banishment, discrimination, physical assault or torture, lethal violence and so on. However, there are rare instances where the hunted (the accused witches) turn the tables on the hunters (their accusers) with claims of defamation, but such legal battles tend to be complicated. The present study explores the Ghanaian courts’ attitude towards witchcraft-related defamation claims/lawsuits, examining how they have navigated the complex and often confusing system of legal pluralism since the 1970s. It establishes that mere insults and name-calling, including witchcraft accusations, are generally not actionable under the received common law. However, under the Ghanaian customary law, insults and name-calling that impair or are likely to impair one's dignity are actionable per se. The paper notes that the courts in Ghana at times apply the principles of both customary law and the received common law when dealing with witchcraft-related defamation claims.

South Africa is known as the rainbow nation because of its variety of culture and religion. In essence South Africa is a spiritual nation, and 85.7% of her people affiliate to a Christian belief system. Despite this, crimes against women and children run rampant as some traditional male roles advocate patriarchal values that at times negatively affect relations between men and women. This article postulates that specific patriarchal values inform the development of a masculine identity, in spite of the fact that most South African families are headed by female caregivers. At the same time, however, most of these families are affected by extreme poverty and father absence; therefore, many boys are raised without an adequate male role model. This article, emanating from a broader study, explores the relationship between the development of a masculine identity amidst father absence, influenced by rapid colonisation and in the context of a specific religion and culture. It reflects on some of the narratives of the research participants that relates specifically to the theme of ‘what it means to be a real man’, eliciting the dominant discourses around masculinity and femininity in South Africa, informed by religion, traditional culture and pop culture. This article then postulates that religiosity in South Africa is not removed from the social function and performance of the social constructs of masculinity, cultural values and parental involvement and that these constructs interact with each other in a special way to produce what we come to know as the South African man.

This research paper carries the overlying objective of exploring Christian identity and the religious foundations of White Supremacy ideology, which promotes violent hate groups like the Ku Klux Klan (KKK). Christian theological principles were employed to explore the religious domain of white supremacy. It was discovered that Christian identity was incorporated as a tool to fuel white supremacy and justify violence against the black plus Jewish community of the United States (US). In accordance with Christian principles, Anglo-Saxon individuals were the lost biblical Israeli tribes and the chosen people of God. On the other hand, Jews were claimed to be the offspring of Satan, that employed manipulation for gaining dominance over the world’s finances and promoted the destruction of Aryan civilizations. Moreover, it was stated that, amidst the second coming, a war between the children of light (Christians) and darkness (Jews) will institute the Kingdom of Christ. Hence, hatred was fueled against the Jewish community, and justification for violent crimes was undertaken. Further adding on, Christian identity was further employed for the justification of racial segregation. White individuals and Aryans are stated to follow in line with Adam and Eve, while, non-Aryans or black individuals were regarded as children of Eve and the serpent. The Christian school of thought argues that racial mixing was the original sin resulting in the expulsion of the “white man from the Garden of Eden”. Henceforth, racial segregation and racism against the black community were justified on religious grounds. The violent manifestations of these narratives were witnessed under the KKK. The hate group induced organized terror against African Americans and Jews on the basis of theology, and their implications are witnessed to this day. American society is still struggling with racism and anti-Semitism, which explains religious rhetoric in militant organizations has lasting implications on the narrative of communities.

Democratic South Africa emerged in 1994 through a horrific history of exclusion, racial discrimination, and segregation. Following years of sanctions, boycotts, and disgrace from the international community, South Africa promised its people and the world that a new dawn had risen. A transformative constitution ushered in this change, determined to ensure equal rights and protection for all and to never repeat the crimes of the past. Unfortunately, this idealistic goal has not extended to all those who call South Africa home. The hard-fought battle against apartheid which was aided by many African countries did little for the status of asylum seekers and refugees in the post 1994 state. Refugees continue to be targeted and ostracised in our ‘free and equal’ land. This has given rise to violations of the international obligations that South Africa voluntarily assumed in 1996 in respect of refugees. Owing to the continued human rights violations of refugees and the state’s failure to translate visions of an equal and democratic South Africa beyond the borders of citizenship, redress is sorely needed. To this end, the landscape of refugee law is explored and outlined, both on the domestic plane and the international stage. A critical analysis of these sources will serve to concretise the position of refugees and asylum seekers, the shortfalls of the existing system, and the need for greater transformation and equality.

The article covers history and practice of the development of economic sanctions as a mechanism of influence on countries that do not comply with the norms of international law. The objectives of the sanctions may include preventing wars, promoting freedom and democracy, combating environmental pollution, protecting human and labor rights, ensuring non-proliferation of weapons, releasing captured citizens, and countering land grab. Everything connected with sanctions (e.g. size, form, etc.) is determined by their acceptability by the community, and they are influenced by technology and the existing relations of power between social groups within countries. However, unlike well-defined rules concerning declared war and blockade of wartime, international law doesn’t establish any legal or formal restrictions on coercive measures with the exception of war. The first written economic sanctions were imposed in 432 BC by the Athens Maritime Union on the city of Megara. Sanctions were aimed at stopping the Megara’s practice of accepting runaway Athenian slaves and plowing sacred border territories. Sanctions were ineffective, due to which the Peloponnesian War began. Athens suffered a crushing defeat, and the Athenian union was destroyed. In the 19th century sanctions generally took the form of sea blockades. The question of the international legitimacy of sea blockades did not arise until the formation of the League of Nations in the 20th century. Article 16 of the Charter of the League of Nations allowed collective economic and military action against a state that turned to war in disregard of the League Agreement, which required states to settle disputes peacefully. In the Charter of the United Nations, the right to apply sanctions is enshrined in Articles 2 (4), 39, 41, 42, 43 and 46 of the Charter of this organization and in the “Unification for Peace resolution” 1950. In the period between 1946 and 1990 the UN imposed sanctions on North Korea, South Africa, Portugal, Rhodesia and Iraq. In the subsequent period, the UN began to apply sanctions more actively, especially against African states. Effectiveness of the implemented economic sanctions in most cases was dubious, since the desired results were not achieved or at least deviated from the initial purpose. After the massacre in Sharpeville, where civilians who protested against the apartheid became victims of inhuman police crimes, the problem of South African racist politics became a hot topic on the world agenda. Some countries led by India in the following years began to actively raise this issue with the UN Security Council. Western countries did their best to prevent the use of sanctions against South Africa, because of the country’s important role for NATO in advancing its strategic goals. After the Soweto Uprising, on November 4, 1977, when the photographs of young people killed by the police appeared in major newspapers worldwide, the UN Security Council finally adopted mandatory sanction measures. Nevertheless, governments of some of the Western powers sought to maintain their traditional tolerance for the apartheid regime, counting on South Africa to counter the Soviet-Cuban intervention in the civil wars of Angola and Mozambique. Since 1977 till 1994 The UN Security Council had repeatedly demanded that all states comply with the sanctions restrictions, which throughout this time gradually tightened and comprehensively affected all spheres of life of the South African society.

Intoxication has been a phenomenon since time immemorial. Alcoholic beverages play a central role in South African life and culture. Millions of rands are spent annually by government on “Arrive Alive” and “Zero Tolerance” campaigns in the fight against drunken driving. The liquor industry advertises aggressively, linking its products to positive cultural symbols and social needs. The use of alcohol and drugs is, however, also associated with personal, social and legal problems. The role of alcohol and drugs in South Africa’s escalating crime rate cannot be ignored. According to Jacobs, alcohol abuse is involved in a quarter of all admissions to general hospitals in the United States of America. This is precisely the reason that government put a total ban on the sale of alcoholic beverages when the Covid pandemic hit South Africa and hospitals were flooded with Covid patients. Alcohol abuse also plays a major role in the four most common causes of death of men aged 20 to 40: suicide, accidents, murder and cirrhosis of the liver. On 9 May 2022, the World Health Organization stated that the harmful use of alcohol is a causal factor in more than 200 disease and injury conditions. A million deaths annually result from harmful use of alcohol globally, which amounts to 5,3 per cent of all deaths worldwide. It was further stated that alcohol consumption causes death and disability relatively early in life; in mortalities of persons aged 20–39 years, approximately 13,5 per cent of total deaths are attributable to alcohol. It is, therefore, alarming that people who become voluntarily drunk, to this day, still stand a chance of being acquitted in South African courts if the evidence reveals that, at the time of the act, the accused happened to fall into the grey area between “slightly drunk” and “very drunk”. This legal position was once again confirmed in the case of S v Ramdass. The decision represents yet another instance where an accused who committed alleged crimes in a state of voluntary intoxication was acquitted on both counts. South Africa’s legal position on voluntary intoxication is clearly at odds with the global and national call for stricter regulations on the public’s excessive use of alcohol, which makes a consideration of the Ramdass judgment, and the policy behind it, deserving of closer analysis.

Introduction Jerusalema, a song from Mzansi — an informal isiZulu name for South Africa — became a global hit during the Covid-19 pandemic. Set to a repetitive, slow four-to-a-bar beat characteristic of South African house music, the gospel-influenced song was released through Open Mic Productions in 2019 by the DJ and record producer Kgaogelo Moagi, popularly known as ‘Master KG’. The production resulted from a collaboration between Master KG, the music producer Charmza The DJ, who composed the music, and the vocalist Nomcebo Zikode, who wrote the lyrics and performed the song for the master recording. Jerusalema immediately trended on social media and, as a “soundtrack of the pandemic” (Modise), became one of the most popular songs of 2020. Soon, it reached no. 1 on the music charts in Belgium, Romania, the Netherlands, South Africa, and Switzerland, while going triple platinum in Italy and double platinum in Spain (Hissong). By September 2020, Jerusalema was the most Shazammed song in history. To date, it has generated more than half a billion views on YouTube. After its initial success as a music video, the song’s influence was catapulted to a global cultural phenomenon by the #JerusalemaDanceChallenge video posted by the Angolan dance troupe Fenómenos do Semba in 2020, featuring exquisite dance steps that inspired a viral social media challenge. Some observed that footwork in several of the videos posted, suggested dance types associated with pantsula jive and kwaito music, both of which originated from the black townships of South Africa during the apartheid era. Yet, the leader of the Angolan dance troupe Fenómenos do Semba, Adilson Maiza claimed that the group’s choreography mixed kuduro dance steps (derived from the Angolan Portuguese term “cu duro” or “hard ass”) and Afro-beat. According to Master KG, indeed, the choreography made famous by the Angolan dancers conveyed an Angolan touch, described by Maiza as signature ginga e banga Angolana (Angolan sway and swag; Kabir). As a “counter-contagion” in the age of Coronavirus (Kabir), groups of individuals, ranging from school learners and teachers, police officers, and nursing staff in Africa to priests and nuns in Europe and Palestinians in the Old City of Jerusalem were posting Jerusalema dance videos. Famous efforts came from Vietnam, Switzerland, Ireland, Austria, and Morocco. Numerous videos of healthcare workers became a source of hope for patients with COVID-19 (Chingono). Following the thought of Zygmunt Bauman, in this article I interpret Jerusalema as a “re-enchantment” of a disenchanted world. Focussing on the song’s “magic”, I interrogate why this music video could take on such special meaning for millions of individuals and inspire a viral dance craze. My understanding of “magic” draws on the writings of Patrick Curry, who, in turn, bases his definition of the term on the thought of J.R.R. Tolkien. Curry (5) cites Tolkien in differentiating between two ways in which the word “magic” is generally used: “one to mean enchantment, as in: ‘It was magic!’ and the other to denote a paranormal means to an end, as in: ‘to use magic’”. The argument in this article draws on the first of these explications. As a global media sensation, Jerusalema placed a spotlight on the paucity of a “de-spiritualized, de-animated world,” a world “waging war against mystery and magic” (Baumann x-xi). However, contexts of production and reception, as outlined in Burns and Hawkins (2ff.), warrant consideration of social and cultural values and ideologies masked by the music video’s idealised representation of everyday South African life and its glamourised expression of faith. Thus, while referring to the millennia-old Jerusalem trope and its ensuing mythologies via an intertextual reading, I shall also consider the song alongside the South African-produced epic gangster action film Jerusalema (2008; Orange) while furthermore reflecting on the contexts of its production. Why Jerusalema — Why Its “Magic”? The global fame attained by Master KG’s Jerusalema brought to the fore questions of what made the song and its ensuing dance challenge so exceptional and what lay behind its “magic” (Ndzuta). The song’s simple yet deeply spiritual words appeal to God to take the singer to the heavenly city. In an abbreviated form, as translated from the original isiZulu, the words mean, “Jerusalem is my home, guard me, walk with me, do not leave me here — Jerusalem is my home, my place is not here, my kingdom is not here” (“Jerusalema Lyrics in English”). These words speak of the yearning for salvation, home, and togetherness, with Jerusalem as its spiritual embodiment. As Ndzuta notes, few South African songs have achieved the kind of global status attained by “Jerusalema”. A prominent earlier example is Miriam Makeba’s dance hit Pata Pata, released in the 1960s during the apartheid era. The song’s global impact was enabled by Makeba’s fame and talent as a singer and her political activism against the apartheid regime (Ndzuta). Similarly, the South African hits included on Paul Simon’s Graceland album (1986) — like Ladysmith Black Mambazo’s Homeless — emanated from a specific politico-historical moment that, despite critique against Simon for violating the cultural boycott against South Africa at the time, facilitated their international impact and dissemination (Denselow). Jerusalema’s fame was not tied to political activism but derived from the turbulent times of the COVID-19 pandemic, which, according to statistics published by the World Health Organization, by the end of 2020 had claimed more than 3 million lives globally (“True Death Toll of Covid-19”). Within this context, the song’s message of divine guidance and the protection of a spiritual home was particularly relevant as it lifted global spirits darkened by the pandemic and the many losses it incurred. Likewise, the #JerusalemaDanceChallenge brought joy and feelings of togetherness during these challenging times, as was evidenced by the countless videos posted online. The Magic of the Myth Central to the lyrics of Jerusalema is the city of Jerusalem, which has, as Hees (95) notes, for millennia been “an intense marker of personal, social and religious identity and aspirations in words and music”. Nevertheless, Master KG’s Jerusalema differs from other “Jerusalem songs” in that it encompasses dense layering of “enchantment”. In contrast to Ladysmith Black Mambazo’s Awu Jerusalema, for instance, with its solemn, hymn-like structure and close harmonic vocal delivery, Master KG’s Jerusalema features Nomcebo’s sensuous and versatile voice in a gripping version of the South African house/gospel style known affectionately as the “Amapiano sound” — a raw hybrid of deep house, jazz and lounge music characterised by the use of synthesizers and wide percussive basslines (Seroto). In the original music video, in combination with Nomcebo’s soulful rendition, visuals featuring everyday scenes from South African township life take on alluring, if not poetic dimensions — a magical sensory mix, to which an almost imperceptible slow-motion camera effect adds the impression of “time slowing down”, simultaneously “softening” images of poverty and decay. Fig. 1: “Enchantment” and the joy of the dance. Still from the video “Jerusalema”. From a philosophical perspective, Zygmunt Bauman (xi) contends that “it is against a dis-enchanted world that the postmodern re-enchantment is aimed”. Yet, in a more critical vein, he also argues that, within the postmodern condition, humanity has been left alone with its fears and with an existential void that is “here to stay”: “postmodernity has not allayed the fears that modernity injected into humanity; postmodernity only privatized these fears”. For this reason, Bauman believes, postmodernity “had to become an age of imagined communities” (xviii-xxix). Furthermore, he deems that it is because of its extreme vulnerability that community provides the focus of postmodern concerns in attracting so much intellectual and “real-world” attention (Bauman xxix). Most notably, and relevant to the phenomenon of the media craze, as discussed in this article, Bauman defines the imagined community by way of the cogito “I am seen, therefore I exist” (xix). Not only does Bauman’s line of thought explain the mass and media appeal of populist ideologies of postmodernity that strive to “fill the void”, like Sharon Blackie’s The Enchanted Life — Unlocking the Magic of the Everyday, or Mattie James’s acclaimed Everyday Magic: The Joy of Not Being Everything and Still Being More than Enough; it also illuminates the immense collective appeal of the #JerusalemaDanceChallenge. Here, Bauman’s thought on the power of shared experience — in this case, mass-mediated experience — is, again, of particular relevance: “having no other … anchors except the affections of their ‘members’, imagined communities exist solely through … occasional outbursts of togetherness” (xix). Among these, he lists “demonstrations, marches, festivals, riots” (xix). Indeed, the joyous shared expression of the #JerusalemaDanceChallenge videos posted online during the COVID-19 pandemic may well sort under similar festive public “outbursts”. As a ceremonial dance that tells the story of shared experiences and longings, Jerusalema may be seen as one such collective celebration. True to African dance tradition, more than being merely entertainment for the masses, each in its own way, the dance videos recount history, convey emotion, celebrate rites of passage, and help unify communities in one of the darkest periods of the recent global past. An Intertextual Context for Reading “Jerusalema” However, historical dimensions of the “Jerusalem trope” suggest that Jerusalema might also be understood from a more critical perspective. As Hees (92) notes, the trope of the loss of and longing for the city of Jerusalem represents a merging of mythologies through the ages, embodied in Hebrew, Roman, Christian, Muslim, and Zionist religious cultures. Still, many Jerusalem narratives refrain from referring to its historical legacy, which fuelled hostility between the West and the Muslim world still prevalent today. Thus, the historical realities of fraud, deceit, greed, betrayal, massacres, and even cannibalism are often shunned so that Jerusalem — one of the holiest yet most blood-soaked cities in the world (Hees 92, 95) — is elevated as a symbol of the Heavenly City. In this respect, the South African crime epic Gangster Paradise: Jerusalema, which premiered at the Berlin International Film Festival in 2008 and was later submitted to the Academy Awards for consideration to qualify as a nominee for Best Foreign Language Film (De Jager), stands in stark contrast to the divine connotations of Master KG’s Jerusalema. According to its director Ralph Ziman (Stecker), the film, inspired by a true story, offers a raw look into post-apartheid crime and corruption in the South African city of Johannesburg (De Villiers 8). Its storyline provides a sharp critique of the economic inequalities that torment South Africa in post-apartheid democracy, capturing the dissatisfaction and the “wave of violent crimes that resulted from the economic realities at its root” (Azuawusiefe 102). The irony of the narrative resides in the fact that the main protagonist, Lucky Kunene, at first reluctant to resort to a life of crime, turns to car hijacking and then to hijacking derelict, over-crowded buildings in the inner-city centre of Hillbrow (Hees 90). Having become a wealthy crime boss, Johannesburg, for him, becomes symbolic of a New Jerusalem (“Jerusalem Entjha”; Azuawusiefe 103; Hees 91-92). Entangled in the criminal underbelly of the city and arrested for murder, Kunene escapes from prison, relocating to the coastal city of Durban where, again, he envisages “Jerusalem Enthjha” (which, supposedly, once more implies a life of crime). As a portrayal of inner-city life in Johannesburg, this narrative takes on particular relevance for the current state of affairs in the country. In September this year, an uncontainable fire at a derelict, overcrowded hijacked building owned by Johannesburg municipal authorities claimed the lives of 73 people — a tragic event reported on by all major TV networks worldwide. While the events and economic actualities pictured in the film thus offer a realistic view of the adversities of current South African life, visual content in Master KG’s Jerusalema sublimates everyday South African scenes. Though the deprivation, decay, and poverty among which the majority of South Africans live is acknowledged in the video, its message of a yearning for salvation and a “better home” is foregrounded while explicit critique is shunned. This means that Jerusalema’s plea for divine deliverance is marked by an ambivalence that may weaken an understanding of the video as “pure magic”. Fig. 2: Still from the video Jerusalema showing decrepit living conditions in the background. “Jerusalema” as Layers of Meaning From Bauman’s perspective, Jerusalema — both as a music video and the #JerusalemaDanceChallenge — may represent a more profound human longing for imagined communal celebration beyond mass-mediated entertainment. From such a viewpoint, it may be seen as one specific representation of the millennia-old trope of a heavenly, transcendent Jerusalem in the biblical tradition, the celestial city providing a dwelling for the divine to enter this world (Thompson 647). Nevertheless, in Patrick Curry’s terms, as a media frenzy, the song and its ensuing dance challenge may also be understood as “enchantment enslaved by magic”; that is, enchantment in the service of mass-mediated glamour (7). This implies that Jerusalema is not exempt from underlying ideologised conditions of production, or an endorsement of materialistic values. The video exhibits many of the characteristics of a prototypical music video that guarantee commercial success — a memorable song, the incorporation of noteworthy dance routines, the showcasing of a celebrated artist, striking relations between music and image, and flashy visuals, all of which are skilfully put together (compare Korsgaard). Auslander observes, for instance, that in current music video production the appearance and behaviour of artists are the basic units of communication from which genre-specific personae are constructed (100). In this regard, the setting of a video is crucial for ensuring coherence with the constructed persona (Vernallis 87). These aspects come to the fore in Master KG’s video rendition of Jerusalema. The vocalist Nomcebo Zikode is showcased in settings that serve as a favourable backdrop to the spiritual appeal of the lyrics, either by way of slightly filtered scenes of nature or scenes of worshippers or seekers of spiritual blessing. In addition, following the gospel genre type, her gestures often suggest divine adoration. Fig. 3: Vocalist Nomcebo Zikode in a still from the video Jerusalema. However, again some ambiguity of meaning may be noted. First, the fashionable outfits featured by the singer are in stark contrast with scenes of poverty and deprivation later in the video. The impression of affluence is strengthened by her stylish make-up and haircut and the fact that she changes into different outfits during the song. This points to a glamorisation of religious worship and an idealisation of township life that disregards South Africa’s dire economic situation, which existed even before COVID-19, due to massive corruption and state capture in which the African National Congress is fully implicated (Momoniat). Furthermore, according to media reportage, Jerusalema’s context of production was not without controversy. Though the video worked its magic in the hearts of millions of viewers and listeners worldwide, the song’s celebration as a global hit was marred by legal battles over copyright and remuneration issues. First, it came to light that singer-songwriter Nomcebo Zikode had for a considerable period not been paid for her contribution to the production following Jerusalema’s commercial release in 2019 (Modise). Therefore, she resorted to a legal dispute. Also, it was alleged that Master KG was not the original owner of the music and was not even present when the song was created. Thus, the South African artists Charmza The DJ (Presley Ledwaba) and Biblos (Ntimela Chauke), who claimed to be the original creators of the track, also instituted legal action against Kgaogelo Moagi, his record label Open Mic Productions, and distributor Africori SA whose majority shareholder is the Warner Music Group (Madibogo). The Magic of the Dance Despite these moral and material ambiguities, Jerusalema’s influence as a global cultural phenomenon during the era of COVID spoke to a more profound yearning for the human condition, one that was not necessarily based on religious conviction (Shoki). Perhaps this was vested foremost in the simplicity and authenticity that transpired from the original dance challenge video and its countless pursuals posted online at the time. These prohibit reading the Jerusalema phenomenon as pseudo-enchantment driven only by a profit motive. As a wholly unforeseen, unifying force of hope and joy, the dance challenge sparked a global trend that fostered optimism among millions. Fig. 4: The Angolan dance troupe Fenómenos do Semba. (Still from the original #JerusalemaDanceChallenge video.) As stated earlier, Jerusalema did not originate from political activism. Yet, Professor of English literature Ananya Kabir uncovers a layer of meaning associated with the dance challenge, which she calls “alegropolitics” or a “politics of joy” — the joy of the dance ­­— that she links on the one hand with the Jerusalem trope and its history of trauma and dehumanisation, and, on the other, with Afro-Atlantic expressive culture as associated with enslavement, colonialism, and commodification. In her reading of the countless videos posted, their “gift to the world” is “the secret of moving collectively”. By way of individual responses to “poly-rhythmic Africanist aesthetic principles … held together by a master-structure”, Kabir interprets this communal dance as “resistance, incorporating kinetic and rhythmic principles that circulated initially around the Atlantic rim (including the Americas, Europe, the Caribbean, and Africa)”. For her, the #JerusalemaDanceChallenge is “an example of how dance enables convivencia (living together)”; “it is a line dance (animation in French, animação in Portuguese, animación in Spanish) that enlivens parties through simple choreography that makes people dance together”. In this sense, the routine’s syncopated steps allow more and more people to join as each repetition unfolds — indeed, a celebratory example of Bauman’s imagined community that exists through an “outburst of togetherness” (xix). Such a collective “fest” demonstrates how, in dance leader Maiza’s words, “it is possible to be happy with little: we party with very little” (Kabir). Accordingly, as part of a globally mediated community, with just the resources of the body (Kabir), the locked-down world partied, too, for the duration of the magical song. Whether seen as a representation of the millennia-old trope of a heavenly, transcendent Jerusalem, or, in Curry’s understanding, as enchantment in the service of mass-mediated glamour, Jerusalema and its ensuing dance challenge form an undeniable part of recent global history involving the COVID-19 pandemic. As a media frenzy, it contributed to the existing body of “Jerusalem songs”, and lifted global spirits clouded by the pandemic and its emotional and material losses. Likewise, the #JerusalemaDanceChallenge was symbolic of an imagined global community engaging in “the joy of the dance” during one of the most challenging periods in humanity’s recent past. References Auslander, Philip. “Framing Personae in Music Videos.” The Bloomsbury Handbook of Popular Music Video Analysis. Eds. Loria A. Burns and Stan Hawkins. London: Bloomsbury, 2019. 92-109. Azuawusiefe, Chijioke. “Jerusalema: On Violence and Hope in a New South Africa.” The Nigerian Journal of Theology 34-36 (2020-2022): 101-112. Baumann, Zygmunt. Intimations of Postmodernity. New York: Routledge, 1992. Blackie, Sharon. The Enchanted Life – Unlocking the Magic of the Everyday. Oakfield, CI: September, 2018. Burns, Lori A., and Stan Hawkins, eds. Introduction. The Bloomsbury Handbook of Popular Music Video Analysis. London: Bloomsbury, 2019. 1-9. Chingono, Nyasha. “Jerusalema: Dance Craze Brings Hope from Africa to the World Amid Covid.” The Guardian 24 Sep. 2020. 30 June 2023 <https://www.theguardian.com/global-development/2020/sep/24/jerusalema-dance-craze-brings-hope-from-africa-to-the-world-amid-covid>. ———. “‘I Haven’t Been Paid a Cent’: Jerusalema Singer’s Claim Stirs Row in South Africa.” The Guardian 13 July 2021. 15 July 2023 <https://www.theguardian.com/global-development/2021/jul/13/i-havent-been-paid-a-cent-jerusalema-singers-claim-stirs-row-in-south africa>. Curry, Patrick. “Magic vs. Enchantment.” Mallorn: The Journal of the Tolkien Society 38 (2001): 5-10. De Jager, Christelle. “Oscar Gets Trip to ‘Jerusalema’.” Variety 7 Oct. 2008. 8 July 2023 <https://variety.com/2008/film/awards/oscar-gets-trip-to-jerusalema-1117993596/>. Denselow, Robin. “Paul Simon's Graceland: The Acclaim and the Outrage.” The Guardian 19 Apr. 2012. 15 July 2023 <https://www.theguardian.com/music/2012/apr/19/paul-simon-graceland-acclaim-outrage>. De Villiers, Dawid W. “After the Revolution: Jerusalema and the Entrepreneurial Present.” South African Theatre Journal 23 (2009): 8-22. Hees, Edwin. “Jerusalema.” Journal of the Musical Arts in Africa 6.1 (2009): 89-99. <https://doi.org/10.2989/JMAA.2009.6.1.9.1061>. Hissong, Samantha. “How South Africa’s ‘Jerusalema’ Became a Global Hit without Ever Having to Be Translated.” Rolling Stone 16 Oct. 2020. 15 June 2023 <https://www.rollingstone.com/pro/news/jerusalema-global-dance-hit-south-africa-spotify-1076474/>. James, Mattie. Everyday Magic. The Joy of Not Being Everything and Still Being More than Enough. Franklin, Tennessee: Worthy Publishing, 2022. “Jerusalema Lyrics in English.” Afrika Lyrics 2019. 7 July 2023 <https://afrikalyrics.com/master-kg-jerusalema- translation>. Kabir, Ananya Jahanara. “The Angolan Dancers Who Helped South African Anthem Jerusalema Go Global.” The Conversation 29 Oct. 2020. 30 June 2023 <https://theconversation.com/the-angolan-dancers-who-helped-south-african-anthem-jerusalema-go-global-148782>. Korsgaard, Mathias. Music Video after MTV: Audio-Visual Studies, New Media, and Popular Music. New York: Routledge, 2017. Madibogo, Julia. “Master KG Slapped with a Lawsuit for Jerusalema.” City Press 26 July 2022. 4 July 2023 <https://www.news24.com/citypress/trending/master-kg-slapped-with-a-lawsuit-for-jerusalema-20220726>. Modise, Julia Mantsali. “Jerusalema, a Heritage Day Song of the Covid-19 Pandemic.” Religions 14.45 (2022). 30 June 2023 <https//doi.org/10.3390/rel1401004>. Modise, Kedibone. “Nomcebo Zikode Reveals Ownership Drama over ‘Jerusalema’ Has Intensified.” IOL Entertainment 6 June 2022. 30 June 2023 <https://www.iol.co.za/entertainment/music/local/nomcebo-zikode-reveals-ownership-drama-over-jerusalema-has-intensified-211e2575-f0c6-43cc-8684-c672b9da4c04>. Momoniat, Ismail. “How and Why Did State Capture and Massive Corruption Occur in South Africa?”. IMF PFM Blog 10 Apr. 2023. 15 June 2023 <https://blog-pfm.imf.org/en/pfmblog/2023/04/how-and-why-did-state-capture-and-massive-corruption-occur-in-south-africa>. Ndzuta, Akhona. “How Viral Song Jerusalema Joined the Ranks of South Africa’s Greatest Hits.” The Conversation 29 Oct. 2020. 30 June 2023 <https://theconversation.com/how-viral-song-jerusalema-joined-the-ranks-of-south-africas-greatest-hits-148781>. Orange, B. Allen. “Ralph Ziman Talks Gangster's Paradise: Jerusalema [Exclusive].” Movieweb 2010. 15 July 2023 <https://movieweb.com/exclusive-ralph-ziman-talks-gangsters-paradise-jerusalema/>. Seroto, Butchie. “Amapiano: What Is It All About?” Music in Africa 30 Sep. 2020. 15 June 2023 <https://www.musicinafrica.net/magazine/amapiano-what-it-all-about>. Shoki, William. “‘Jerusalema’ Is about Self-Determination.” Jacobin 10 Dec. 2020. 30 June 2023 <https://jacobin.com/2020/10/jerusalema-south-africa-coronavirus-covid>. Stecker, Joshua. “Gangster’s Paradise: Jerusalema – Q & A with Writer/Director Ralph Ziman.” Script 11 June 2010. 30 June 2023 <https://scriptmag.com/features/gangsters-paradise-jerusalema-qa-with-writerdirector-ralph-ziman>. Thompson, Thomas L. “Jerusalem as the City of God's Kingdom: Common Tropes in the Bible and the Ancient Near East.” Islamic Studies 40.3-4 (2001): 631-647. Vernallis, Carol. Experiencing Music Video: Aesthetics and Cultural Context. New York: Columbia UP, 2004. World Health Organisation. “The True Death Toll of Covid-19.” N.d. 15 July 2023 <https://www.who.int/data/stories/the-true-death-toll-of-covid-19-estimating-global-excess-mortality>.

Photo by niu niu on Unsplash ABSTRACT Shackling prisoners has been implemented as standard procedure when transporting prisoners in labor and during childbirth. This procedure ensures the protection of both the public and healthcare workers. However, the act of shackling pregnant prisoners violates the principles of ethics that physicians are supposed to uphold. This paper will explore how shackling pregnant prisoners violates the principle of justice and beneficence, making the practice unethical. INTRODUCTION Some states allow shackling of incarcerated pregnant women during transport and while in the hospital for labor and delivery. Currently, only 22 states have legislation prohibiting the shackling of pregnant women.[1] Although many states have anti-shackling laws prohibiting restraints, these laws also contain an “extraordinary circumstances” loophole.[2] Under this exception, officers shackle prisoners if they pose a flight risk, have any history of violence, and are a threat to themselves or others.[3] Determining as to whether a prisoner is shackled is left solely to the correctional officer.[4] Yet even state restrictions on shackling are often disregarded. In shackling pregnant prisoners during childbirth, officers and institutions are interfering with the ability of incarcerated women to have safe childbirth experiences and fair treatment. Moreover, physicians cannot exercise various ethical duties as the law constrains them. In this article, I will discuss the physical and mental harms that result from the use of restraints under the backdrop of slavery and discrimination against women of color particularly. I argue that stereotypes feed into the phenomenon of shackling pregnant women, especially pregnant women of color. I further assert that shackling makes it difficult for medical professionals to be beneficent and promote justice. BACKGROUND Female incarceration rates in the United States have been fast growing since the 1980s.[5] With a 498 percent increase in the female incarceration population between 1981 and 2021, the rates of pregnancy and childbirth by incarcerated people have also climbed.[6],[7] In 2021, over 1.2 million women were incarcerated in the United States.[8] An estimated 55,000 pregnant women are admitted to jails each year.[9],[10] Many remain incarcerated throughout pregnancy and are transported to a hospital for labor and delivery. Although the exact number of restrained pregnant inmates is unclear, a study found that 83 percent of hospital prenatal nurses reported that their incarcerated patients were shackled.[11] I. Harms Caused by Shackling Shackling has caused many instances of physical and psychological harm. In the period before childbirth, shackled pregnant women are at high risk for falling.[12] The restraints shift pregnant women’s center of gravity, and wrist restraints prevent them from breaking a fall, increasing the risk of falling on their stomach and harming the fetus.[13] Another aspect inhibited by using restraints is testing and treating pregnancy complications. Delays in identifying and treating conditions such as hypertension, pre-eclampsia, appendicitis, kidney infection, preterm labor, and especially vaginal bleeding can threaten the lives of the mother and the fetus.[14] During labor and delivery, shackling prevents methods of alleviating severe labor pains and giving birth.[15] Usually, physicians recommend that women in labor walk or assume various positions to relieve labor pains and accelerate labor.[16] However, shackling prevents both solutions.[17] Shackling these women limits their mobility during labor, which may compromise the health of both the mother and the fetus.[18] Tracy Edwards, a former prisoner who filed a lawsuit for unlawful use of restraints during her pregnancy, was in labor for twelve hours. She was unable to move or adjust her position to lessen the pain and discomfort of labor.[19] The shackles also left the skin on her ankles red and bruised. Continued use of restraints also increases the risk of potentially life-threatening health issues associated with childbirth, such as blood clots.[20] It is imperative that pregnant women get treated rapidly, especially with the unpredictability of labor. Epidural administration can also become difficult, and in some cases, be denied due to the shackled woman’s inability to assume the proper position.[21] Time-sensitive medical care, including C-sections, could be delayed if permission from an officer is required, risking major health complications for both the fetus and the mother.[22] After childbirth, shackling impedes the recovery process. Shackling can result in post-delivery complications such as deep vein thrombosis.[23] Walking prevents such complications but is not an option for mothers shackled to their hospital beds.[24] Restraints also prevent bonding with the baby post-delivery and the safe handling of the baby while breast feeding.[25] The use of restraints can also result in psychological harm. Many prisoners feel as though care workers treat them like “animals,” with some women having multiple restraints at once— including ankles, wrists, and even waist restraints.[26] Benidalys Rivera describes the feeling of embarrassment as she was walking while handcuffed, with nurses and patients looking on, “Being in shackles, that make you be in stress…I about to have this baby, and I’m going to go back to jail. So it’s too much.”[27] Depression among pregnant prisoners is highly prevalent. The stress of imprisonment and the anticipation of being separated from their child is often overwhelming for these mothers.[28] The inhumane action has the potential to add more stress, anxiety, and sadness to the already emotionally demanding process of giving birth. Shackling pregnant prisoners displays indifference to the medical needs of the prisoner.[29] II. Safety as a Pretense While public safety is an argument for using shackles, several factors make escape or violence extremely unlikely and even impossible.[30] For example, administering epidural anesthesia causes numbness and eliminates flight risk.[31] Although cited as the main reason for using shackles, public safety is likely just an excuse and not the main motivator for shackling prisoners. I argue that underlying the shackling exemplifies the idea that these women should not have become pregnant. The shackling reflects a distinct discrimination: the lawmakers allowing it perhaps thought that people guilty of crimes would make bad mothers. Public safety is just a pretense. The language used to justify the use of restraint of Shawanna Nelson, the plaintiff in Nelson v. Correctional Medical Services, discussed below, included the word “aggressive.”[32] In her case, there was no evidence that she posed any danger or was objectively aggressive. Officer Turnesky, who supervised Nelson, testified that she never felt threatened by Nelson.[33] The lack of documented attempts of escape and violence from pregnant prisoners suggests that shackling for flight risk is a false pretense and perhaps merely based on stereotypes.[34] In 2011, an Amnesty International report noted that “Around the USA, it is common for restraints to be used on sick and pregnant incarcerated women when they are transported to and kept in hospital, regardless of whether they have a history of violence (which only a minority have) and regardless of whether they have ever absconded or attempted to escape (which few women have).”[35] In a 2020 survey of correctional officers in select midwestern prisons, 76 percent disagreed or strongly disagreed with restraining pregnant women during labor and delivery.[36] If a correctional officer shackles a pregnant prisoner, it is not because they pose a risk but because of a perception that they do. This mindset is attributed to select law enforcement, who have authority to use restraints.[37] In 2022, the Tennessee legislature passed a bill prohibiting the use of restraints on pregnant inmates. However, legislators amended the bill due to the Tennessee Sherriff Association’s belief that even pregnant inmates could pose a “threat.”[38] Subjecting all prisoners to the same “precautions” because a small percentage of individuals may pose such risks could reflect stereotyping or the assumption that all incarcerated people pose danger and flight risk. To quell the (unjustified) public safety concern, there are other options that do not cause physical or mental harm to pregnant women. For example, San Francisco General Hospital does not use shackles but has deputy sheriffs outside the pregnant women’s doors.[39] III. Historical Context and Race A. Slavery and Post-Civil War The treatment of female prisoners has striking similarities to that of enslaved women. Originally, shackling of female slaves was a mechanism of control and dehumanization.[40] This enabled physical and sexual abuses. During the process of intentionally dehumanizing slaves to facilitate subordination, slave owners stripped slave women of their feminine identity.[41] Slave women were unable to exhibit the Victorian model of “good mothering” and people thought they lacked maternal feelings for their children.[42] In turn, societal perception defeminized slave women, and barred them from utilizing the protections of womanhood and motherhood. During the post-Civil War era, black women were reversely depicted as sexually promiscuous and were arrested for prostitution more often than white women.[43] In turn, society excluded black women; they were seen as lacking what the “acceptable and good” women had.[44] Some argue that the historical act of labeling black women sexually deviant influences today’s perception of black women and may lead to labeling them bad mothers.[45] Over two-thirds of incarcerated women are women of color.[46] Many reports document sexual violence and misconduct against prisoners over the years.[47] Male guards have raped, sexually assaulted, and inappropriately touched female prisoners. Some attribute the physical abuse of black female prisoners to their being depicted or stereotyped as “aggressive, deviant, and domineering.”[48] Some expect black women to express stoicism and if they do not, people label them as dangerous, irresponsible, and aggressive.[49] The treatment of these prisoners mirrors the historical oppression endured by black women during and following the era of slavery. The act of shackling incarcerated pregnant women extends the inhumane treatment of these women from the prison setting into the hospital. One prisoner stated that during her thirty-hour labor, while being shackled, she “felt like a farm animal.”[50] Another pregnant prisoner describes her treatment by a guard stating: “a female guard grabbed me by the hair and was making me get up. She was screaming: ‘B***h, get up.’ Then she said, ‘That is what happens when you are a f***ing junkie. You shouldn’t be using drugs, or you wouldn’t be in here.”[51] Shackling goes beyond punishing by isolation from society – it is an additional punishment that is not justified. B. Reproductive Rights and “Bad Mothers” As with slaves not being seen as maternal, prisoners are not viewed as “real mothers.” A female prison guard said the following: “I’m a mother of two and I know what that impulse, that instinct, that mothering instinct feels like. It just takes over, you would never put your kids in harm’s way. . . . Women in here lack that. Something in their nature is not right, you know?”[52] This comment implies that incarcerated women lack maternal instinct. They are not in line with the standards of what society accepts as a “woman” and “mother” and are thought to have abandoned their roles as caretakers in pursuit of deviant behaviors. Without consideration of racial discrimination, poverty issues, trauma, and restricted access to the child right after delivery, these women are stereotyped as bad mothers simply because they are in prison. Reminiscent of the treatment of female black bodies post-civil war and the use of reproductive interventions (for example, Norplant and forced sterilization) in exchange for shorter sentences, I argue that shackles are a form of reproductive control. Justification for the use of shackles even includes their use as a “punitive instrument to remind the prisoner of their punishment.”[53] However, a prisoner’s pregnancy should have no relevance to their sentence.[54] Using shackles demonstrates to prisoners that society tolerates childbirth but does not support it.[55] The shackling is evidence that women are being punished “for bearing children, not for breaking the law.”[56] Physicians and healthcare workers, as a result, are responsible for providing care for the delivery and rectifying any physical problems associated with the restraints. The issues that arise from the use of restraints place physicians in a position more complex than they experience with regular healthy pregnancies. C. Discrimination In the case of Ferguson v. City of Charleston, a medical university subjected black woman to involuntary drug testing during pregnancy. In doing so, medical professionals collaborated with law enforcement to penalize black women for their use of drugs during pregnancy.[57] The Court held the drug tests were an unreasonable search and violated the Fourth Amendment. Ferguson v. City of Charleston further reveals an unjustified assumption: the medical and legal community seemed suspicious of black women and had perhaps predetermined them more likely to use drugs while pregnant. Their fitness to become mothers needed to be proven, while wealthy, white women were presumed fit.[58] The correctional community similarly denies pregnant prisoners’ medical attention. In the case of Staten v. Lackawanna County, an African American woman whose serious medical needs were treated indifferently by jail staff was forced to give birth in her cell.[59] This woman was punished for being pregnant in prison through the withholding of medical attention and empathy. IV. Failure to Follow Anti-Shackling Laws Despite 22 states having laws against shackling pregnant prisoners, officers do not always follow these laws. In 2015, the Correctional Association of New York reported that of the 27 women who gave birth under state custody, officers shackled 23 women in violation of the anti-shackling laws.[60] The lawyer of Tracy Edwards, an inmate who officers shackled unlawfully during her twelve-hour labor stated, “I don’t think we can assume that just because there’s a law passed, that’s automatically going to trickle down to the prison.”[61] Even with more restrictions on shackling, it may still occur, partly due to the stereotype that incarcerated women are aggressive and dangerous. V. Constitutionality The Eighth Amendment protects people from cruel and unusual punishment. In Brown vs. Plata, the court stated, “Prisoners retain the essence of human dignity inherent in all persons.”[62] In several cases, the legal community has held shackling to be unconstitutional as it violates the Eighth Amendment unless specifically justified. In the case of Nelson v. Correctional Medical Services, a pregnant woman was shackled for 12 hours of labor with a brief respite while she pushed, then re-shackled. The shackling caused her physical and emotional pain, including intense cramping that could not be relieved due to positioning and her inability to get up to use a toilet.[63] The court held that a clear security concern must justify shackling. The court cited a similar DC case and various precedents for using the Eighth Amendment to hold correctional facilities and hospitals accountable.[64] An Arkansas law similarly states that shackling must be justified by safety or risk of escape.[65] If the Thirteenth Amendment applied to those convicted of crimes, shackling pregnant incarcerated people would be unconstitutional under that amendment as well as the Eighth. In the Civil Rights Cases, Congress upheld the right “to enact all necessary and proper laws for the obliteration and prevention of slavery with all its badges and incidents.”[66] Section two of the Thirteenth Amendment condemns any trace or acts comparable to that of slavery. Shackling pregnant prisoners, stripping them of their dignity, and justification based on stereotypes all have origins in the treatment of black female slaves. Viewed through the lens of the Thirteenth Amendment, the act of shackling would be unconstitutional. Nonetheless, the Thirteenth Amendment explicitly excludes people convicted of a crime. VI. Justice As a result of the unconstitutional nature of shackling, physicians should have a legal obligation, in addition to their ethical duty, to protect their patients. The principle of justice requires physicians to take a stand against the discriminatory treatment of their patients, even under the eye of law enforcement.[67],[68] However, “badge and gun intimidation,” threats of noncompliance, and the fear of losing one’s license can impede a physician’s willingness to advocate for their patients. The American College of Obstetricians and Gynecologists (ACOG) finds the use of physical restraints interferes with the ability of clinicians to practice medicine safely.[69] ACOG, The American Medical Association, the National Commission on Correctional Health Care, and other organizations oppose using restraints on pregnant incarcerated people.[70] Yet, legislators can adopt shackling laws without consultation with physicians. The ACOG argues that “State legislators are taking it upon themselves to define complex medical concepts without reference to medical evidence. Some of the penalties [faced by OBGYNs] for violating these vague, unscientific laws include criminal sentences.”[71] Legislation that does not consider medical implications or discourages physicians’ input altogether is unjust. In nullifying the voice of a physician in matters pertaining to the patient’s treatment, physicians are prevented from fulfilling the principle of justice, making the act of shackling patients unethical. VII. Principle of Beneficence The principle of beneficence requires the prevention of harm, the removal of harm, and the promotion of good.[72] Beneficence demands the physician not only avoid harm but benefit patients and promote their welfare.[73] The American Board of Internal Medicine Foundation states that physicians must work with other professionals to increase patient safety and improve the quality of care.[74] In doing so, physicians can adequately treat patients with the goal of prevention and healing. It is difficult to do good when law enforcement imposes on doctors to work around shackles during labor and delivery. Law enforcement leaves physicians and healthcare workers responsible not only to provide care for the delivery, but also rectify any ailments associated with the restraints. The issues arising from using restraints place physicians in a position more complex than they experience with other pregnancies. Doctors cannot prevent the application of the shackles and can only request officers to take them off the patient.[75] Physicians who simply go along with shackling are arguably violating the principle of beneficence. However, for most, rather than violating the principle of beneficence overtly, physicians may simply have to compromise. Given the intricate nature of the situation, physicians are tasked with minimizing potential harm to the best of their abilities while adhering to legal obligations.[76] It is difficult to pin an ethics violation on the ones who do not like the shackles but are powerless to remove them. Some do argue that this inability causes physicians to violate the principle of beneficence.[77] However, promoting the well-being of their patients within the boundaries of the law limits their ability to exercise beneficence. For physicians to fulfill the principle of beneficence to the fullest capacity, they must have an influence on law. Protocols and assessments on flight risks made solely by the officers and law enforcement currently undermine the physician’s expertise. These decisions do not consider the health and well-being of the pregnant woman. As a result, law supersedes the influence of medicine and health care. CONCLUSION People expect physicians to uphold the four major principles of bioethics. However, their inability to override restraints compromises their ability to exercise beneficence. Although pledging to enforce these ethical principles, physicians have little opportunity to influence anti-shackling legislation. Instead of being included in conversations regarding medical complexities, legislation silences their voices. Policies must include the physician's voice as they affect their ability to treat patients. Officers should not dismiss a physician's request to remove shackles from a woman if they are causing health complications. A woman's labor should not harm her or her fetus because the officer will not remove her shackles.[78] A federal law could end shackling pregnant incarcerated people. Because other options are available to ensure the safety of the public and the prisoner, there is no ethical justification for shackling pregnant prisoners. An incarcerated person is a human being and must be treated with dignity and respect. To safeguard the well-being of incarcerated women and the public, it is essential for advocates of individual rights to join forces with medical professionals to establish an all-encompassing solution. - [1] Ferszt, G. G., Palmer, M., & McGrane, C. (2018). Where does your state stand on shackling of Pregnant Incarcerated Women? Nursing for Women’s Health, 22(1), 17–23. https://doi.org/10.1016/j.nwh.2017.12.005 [2] S983A, 2015-2016 Regular Sessions (N.Y. 2015). https://legislation.nysenate.gov/pdf/bills/2015/S983A [3] Chris DiNardo, Pregnancy in Confinement, Anti-Shackling Laws and the “Extraordinary Circumstances” Loophole, 25 Duke Journal of Gender Law & Policy 271-295 (2018) https://scholarship.law.duke.edu/djglp/vol25/iss2/5 [4] Chris DiNardo (2018) [5] U.S. Bureau of Justice Statistics. 1980. " Prisoners in 1980 – Statistical Tables”. Retrieved April 20, 2023 (https://bjs.ojp.gov/content/pub/pdf/p80.pdf). [6] U.S. Bureau of Justice Statistics. 2022. " Prisoners in 2021 – Statistical Tables”. Retrieved April 20, 2023 (https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/p21st.pdf). [7] U.S. Bureau of Justice Statistics (1980) [8] Sufrin C, Jones RK, Mosher WD, Beal L. Pregnancy Prevalence and Outcomes in U.S. Jails. Obstet Gynecol. 2020;135(5):1177-1183. doi:10.1097/AOG.0000000000003834 [9] Kramer, C., Thomas, K., Patil, A., Hayes, C. M., & Sufrin, C. B. (2022). Shackling and pregnancy care policies in US prisons and jails. Maternal and Child Health Journal, 27(1), 186–196. https://doi.org/10.1007/s10995-022-03526-y [10] House, K. T., Kelley, S., Sontag, D. N., & King, L. P. (2021). Ending restraint of incarcerated individuals giving birth. AMA Journal of Ethics, 23(4). https://doi.org/10.1001/amajethics.2021.364 [11] Goshin, L. S., Sissoko, D. R., Neumann, G., Sufrin, C., & Byrnes, L. (2019). Perinatal nurses’ experiences with and knowledge of the care of incarcerated women during pregnancy and the postpartum period. Journal of Obstetric, Gynecologic &amp; Neonatal Nursing, 48(1), 27–36. https://doi.org/10.1016/j.jogn.2018.11.002 [12] Shackling and separation: Motherhood in prison. (2013). AMA Journal of Ethics, 15(9), 779–785. https://doi.org/10.1001/virtualmentor.2013.15.9.pfor2-1309 [13] King, L. (2018). Labor in chains: The shackling of pregnant inmates. Policy Perspectives, 25, 55–68. https://doi.org/10.4079/pp.v25i0.18348 [14] King, L. (2018). [15] AMA Journal of Ethics (2013) [16] Lawrence, A., Lewis, L., Hofmeyr, G. J., & Styles, C. (2013). Maternal positions and mobility during first stage labour. Cochrane database of systematic reviews, (8). [17] Association of Women’s Health, Obstetric and Neonatal Nurses. (2011). AWHONN position statement: Shackling incarcerated pregnant women. Journal of Obstetric, Gynecologic, & Neonatal Nursing, 40(6), 817–818. doi:10.1111/j.1552-6909.2011.01300.x [18] Ferszt, G. G., Palmer, M., & McGrane, C. (2018). Where does your state stand on shackling of Pregnant Incarcerated Women? Nursing for Women’s Health, 22(1), 17–23. https://doi.org/10.1016/j.nwh.2017.12.005 [19] Thompson, E. (2022, August 30). Woman sues NC state prison system for mistreatment while pregnant. North Carolina Health News. Retrieved March 12, 2023, from https://www.northcarolinahealthnews.org/2022/05/25/woman-sues-nc-state-prison-system-for-mistreatment-while-pregnant/ [20] CBS Interactive. (2019, March 13). Shackling pregnant inmates is still a practice in many states. CBS News. Retrieved March 12, 2023, from https://www.cbsnews.com/news/shackling-pregnant-inmates-is-still-a-practice-in-many-states/ [21] Griggs, Claire Louise. "Birthing Barbarism: The Unconstitutionality of Shackling Pregnant Prisoners." American University Journal of Gender Social Policy and Law 20, no. 1 (2011): 247-271. [22] American Civil Liberties Union. (2012, October 12). ACLU briefing paper: The shackling of pregnant women & girls in U.S ... American Civil Liberties Union (ACLU). https://www.aclu.org/wp-content/uploads/legal-documents/anti-shackling_briefing_paper_stand_alone.pdf [23] King.L (2018) [24] Griggs, Claire Louise (2011) [25] American Civil Liberties Union. (2012) [26] Clarke, J. G., & Simon, R. E. (2013). Shackling and separation: Motherhood in prison. AMA Journal of Ethics, 15(9), 779–785. https://doi.org/10.1001/virtualmentor.2013.15.9.pfor2-1309 [27] Berg, M. D. (2014, April 18). Pregnant prisoners are losing their shackles - The Boston Globe. BostonGlobe.com. Retrieved March 12, 2023, from https://www.bostonglobe.com/magazine/2014/04/18/taking-shackles-off-pregnant-prisoners/7t7r8yNBcegB8eEy1GqJwN/story.html [28] Levi, R., Kinakemakorn, N., Zohrabi, A., Afanasieff, E., & Edwards-Masuda, N. (2010). Creating the bad mother: How the U.S. approach to pregnancy in prisons violates the right to be a mother. UCLA Women's Law Journal, 18(1). https://doi.org/10.5070/l3181017816 [29] Chris DiNardo (2018) [30] Griggs, Claire Louise (2011). [31] Allen, J. E. (2010, October 21). Shackled: Women Behind Bars Deliver in Chains. ABC News. https://abcnews.go.com/Health/WomensHealth/pregnant-shackled-women-bars-deliver-chains/story?id=11933376&page=1 [32] Nelson v. Correctional, 533 F.3d 958 (8th Cir. 2009) [33] Nelson v. Correctional(2009) [34] House, K. T., Kelley, S., Sontag, D. N., & King, L. P. (2021). Ending restraint of incarcerated individuals giving birth. AMA Journal of Ethics, 23(4). https://doi.org/10.1001/amajethics.2021.364 [35] Amnesty International USA. (1999, March). “Not part of my sentence” Violations of the Human Rights of Women in Custody. Amnesty International USA. Retrieved March 12, 2023, from https://www.amnestyusa.org/reports/usa-not-part-of-my-sentence-violations-of-the-human-rights-of-women-in-custody/ [36] Pendleton, V., Saunders, J. B., & Shlafer, R. (2020). Corrections officers' knowledge and perspectives of maternal and child health policies and programs for pregnant women in prison. Health & justice, 8(1), 1. https://doi.org/10.1186/s40352-019-0102-0 [37] Elizabeth Alexander, Unshackling Shawanna: The Battle Over Chaining Women Prisoners during Labor and Delivery, 32 U. ARK. LITTLE ROCK L. REV. 435 (2010). Available at: https://lawrepository.ualr.edu/lawreview/vol32/iss4/1 [38] Hernandez, J. (2022, April 22). More states are restricting the shackling of pregnant inmates, but it still occurs. NPR. Retrieved March 12, 2023, from https://www.npr.org/2022/04/22/1093836514/shackle-pregnant-inmates-tennessee [39] Sufrin, C. (2012, June 24). End practice of shackling pregnant inmates. SFGATE. Retrieved March 12, 2023, from https://www.sfgate.com/opinion/openforum/article/End-practice-of-shackling-pregnant-inmates-3176987.php [40] Mullings, L. (1997). On our own terms: Race, class, and gender in the lives of African American women. Routledge [41] Ocen, Priscilla A., (2011). [42] Ladd-Taylor, M. (1998). "Bad" mothers: The politics of blame in Twentieth-century America. New York Univ. Press. [43] Hine, D. C. (1998). Hine Sight: Black women and the re-construction of American history. Indiana University Press. [44] Baldwin, L. (2019). Excluded from good motherhood and the impact of prison: Motherhood and Social Exclusion, 129–144. https://doi.org/10.2307/j.ctvk12qxr.13 [45] Ocen, Priscilla A., Punishing Pregnancy: Race, Incarceration, and the Shackling of Pregnant Prisoners (October 3, 2011). California Law Review, Vol. 100, 2012, Available at SSRN: https://ssrn.com/abstract=1937872 [46] Johnson, P. C. (2004). Inner lives: Voices of african american women in prison. New York University Press. [47] Thomas, D. Q. (1996). All too familiar: Sexual abuse of women in U.S. state prisons. Human Rights Watch. [48] Ocen, Priscilla A., (2011). [49] Ashley W. The angry black woman: the impact of pejorative stereotypes on psychotherapy with black women. Soc Work Public Health. 2014;29(1):27-34. doi: 10.1080/19371918.2011.619449. PMID: 24188294. [50] CBS Interactive. (2019, March 13). Shackling pregnant inmates is still a practice in many states. CBS News. Retrieved March 12, 2023, from https://www.cbsnews.com/news/shackling-pregnant-inmates-is-still-a-practice-in-many-states/ [51] Guardian News and Media. (2020, January 24). Pregnant and shackled: Why inmates are still giving birth cuffed and bound. The Guardian. Retrieved March 25, 2023, from https://www.theguardian.com/us-news/2020/jan/24/shackled-pregnant-women-prisoners-birth [52] Oparah, J. C. (2015). Birthing justice: Black women, pregnancy, and childbirth. Routledge. [53] Chris DiNardo (2018) [54] Griggs, Claire Louise (2011). [55] Chris DiNardo (2018) [56] Griggs, Claire Louise (2011). [57] Song, Ji Seon, Policing the Emergency Room (June 10, 2021). 134 Harvard Law Review 2646 (2021), Available at SSRN: https://ssrn.com/abstract=3864225 [58] Ocen, Priscilla A., (2011). [59] Staten v. Lackawanna Cnty., No. 4:07-CV-1329, 2008 WL 249988, at *2 (M.D. Pa. Jan. 29, 2008) [60] Lovett, K. (2018, April 9). Pregnant inmates at New York prisons will no longer be shackled under new law. New York Daily News. Retrieved March 12, 2023, from https://www.nydailynews.com/new-york/new-york-pregnant-inmates-no-longer-shackled-article-1.2474021 [61] Thompson, E. (2022, August 30). Woman sues NC state prison system for mistreatment while pregnant. North Carolina Health News. Retrieved March 12, 2023, from https://www.northcarolinahealthnews.org/2022/05/25/woman-sues-nc-state-prison-system-for-mistreatment-while-pregnant/ [62] Brown v. Plata, 563 U.S. 493 (2011) [63] Nelson v. Correctional Medical Serices, et al., Nelson v. Correctional Med. Servs, 583 F.3d 522 (8th Cir. 2009) [64] Nelson citing Women Prisoners of D.C. Dep't of Corr. v. District of Columbia, 877 F.Supp. 634, 668-69 (D.D.C. 1994), modified in part on other grounds, 899 F.Supp. 659 (D.D.C. 1995). [65] Ark. Dep't of Corr. Admin. Reg. 403 § V (1992) [66] Civil Rights Cases, 109 U.S. 3 (1883) [67] Physician charter. ABIM Foundation. (2022, October 18). Retrieved March 10, 2023, from https://abimfoundation.org/what-we-do/physician-charter#:~:text=Principle%20of%20social%20justice.&text=Physicians%20should%20work%20actively%20to,or%20any%20other%20social%20category. [68] Riddick FA Jr. The code of medical ethics of the american medical association. Ochsner J. 2003 Spring;5(2):6-10. PMID: 22826677; PMCID: PMC3399321. [69] American College of Obstetricians and Gynecologists’ Committee on Health Care for Underserved Women (2021). Reproductive Health Care for Incarcerated Pregnant, Postpartum, and Nonpregnant Individuals: ACOG Committee Opinion, Number 830. Obstetrics and gynecology, 138(1), e24–e34. https://doi.org/10.1097/AOG.0000000000004429 [70] American College of Obstetricians and Gynecologists’ Committee on Health Care for Underserved Women (2021). [71] American College of Obstetricians and Gynecologists’ Committee on Health Care for Underserved Women (2021). [72] Beauchamp, T. L., & Childress, J. F. (2019). Principles of Biomedical Ethics. Oxford University Press. [73] Varkey, B. (2020). Principles of clinical ethics and their application to practice. Medical Principles and Practice, 30(1), 17–28. https://doi.org/10.1159/000509119 [74] Medical professionalism in the new millennium: A physician charter. (2002). Annals of Internal Medicine, 136(3), 243. https://doi.org/10.7326/0003-4819-136-3-200202050-00012 [75] Allen, J. E. (2010, October 21). Shackled: Women Behind Bars Deliver in Chains. ABC News. https://abcnews.go.com/Health/WomensHealth/pregnant-shackled-women-bars-deliver-chains/story?id=11933376&page=1 [76] Jonsen, A. R. (2010). The Birth of Bioethics. Oxford University Press. [77] Beauchamp, T. L., & Childress, J. F. (2019). [78] Amnesty International USA. (1999, March). “Not part of my sentence” Violations of the Human Rights of Women in Custody. Amnesty International USA. Retrieved March 12, 2023, from https://www.amnestyusa.org/reports/usa-not-part-of-my-sentence-violations-of-the-human-rights-of-women-in-custody/

Autumn is not only a gloriously colourful time of the year, it is a time when a plethora of children’s book related events and awards take place. Just see what is happening in the next few months:IBBY: “Silent Books: Final Destination Lampedusa” travelling exhibit In response to the international refugee crisis that began last year, the Italian arm of the International Board on Books for Young People has launched a travelling picture-book exhibit to support the first children’s library on the island of Lampedusa, Italy where many African and Middle Eastern refugees are landing. After stops in Italy, Mexico, and Austria, the exhibit is currently touring Canada. It premiered in Edmonton at the Stanley A. Milner Library in August. Next are three Vancouver locations: UBC Irving Barber Learning Centre (Oct. 1 to 23), Vancouver Public Library central branch (Oct. 8 to 18), and the Italian Cultural Centre (Oct. 10 to 22). Then the North York Central Library in Toronto from Nov. 2 to Dec 11. Recognizing Lampedusa island’s cultural diversity, the exhibit comprises exclusively wordless picture books from 23 countries, including three from Canada:“Hocus Pocus” by Sylvie Desrosiers & Rémy Simard’s (Kids Can Press), “Ben’s Big Dig” by Daniel Wakeman and Dirk van Stralen’s(Orca Book Publishers)“Ben’s Bunny Trouble” also by Wakeman and van Stralen (Orca Book Publishers). Other books are drawn from an honour list selected by a jury of experts from the 2015 Bologna Children’s Book Fair including Ajubel’s “Robinson Crusoe” (Spain), Ara Jo’s “The Rocket Boy”(Korea), and Madalena Matoso’s “Todos Fazemos Tudo” (Switzerland), among others. The full catalogue can be viewed online.TD Canadian Children’s Book Week.Next year’s TD Canadian Children’s Book Week will take place from May 7-14, 2016. Thirty Canadian children’s authors, illustrators and storytellers will be touring across Canada visiting schools, libraries, bookstores and community centres. Visit the TD Book Week site (www.bookweek.ca) to find out who will be touring in your area and the types of readings and workshops they will be giving. If your school or library is interested in hosting a Book Week visitor, you can apply online starting in mid-October.Shakespeare Selfie CBC Books will once again be running the Shakespeare Selfie writing challenge in April 2016. Shakespeare took selfies all the time but instead of a camera, he used a quill. And instead of calling them "selfies," they were called "soliloquies."The challenge: Write a modern-day soliloquy or monologue by a Shakespearean character based on a prominent news, pop culture or current affairs event from the last year (April 2015-April 2016). It can be in iambic pentameter or modern syntax with a word count from 200 to 400 words. There are two age categories: Grades 7-9 and 10-12. Details at: http://www.cbc.ca/books/2015/10/the-2016-shakespeare-selfie-writing-challenge-for-students.html Awards:The winners of this year’s Canadian Jewish Literary Awards, celebrating Jewish literature and culture in Canada, have been announced. Amongst the nine awards is one for Youth Literature which was awarded to Suri Rosen for “Playing with Matches” (ECW Press). See all the award winners here: http://www.cjlawards.ca/.The Canadian Children's Book Centre administers several awards including the TD Canadian Children’s Literature Award, the Marilyn Baillie Picture Book Award, the Monica Hughes Award for Science Fiction and Fantasy and the Norma Fleck Award for Canadian Children’s Non-Fiction. This year’s winners will be announced on November 18, 2015. http://www.bookcentre.ca/awardThe Fitzhenry Family Foundation has revealed the winners of its Lane Anderson Awards for the best Canadian science books published in the previous year. Selections are made based on a title’s pertinence to science in today’s world and the author’s ability to relate scientific issues to everyday life. Prolific Halifax kids’ science writer L.E. Carmichael was awarded the YA prize for “Fuzzy Forensics: DNA Fingerprinting Gets Wild” (Ashby-BP Publishing), about using forensic science to fight crimes against animals. Uxbridge, Ontario–based environmental journalist Stephen Leahy received the adult prize for “Your Water Footprint” (Firefly Books), which examines human usage of the valuable natural resource. http://laneandersonaward.ca/The Edmonton Public Library has named Sigmund Brouwer (author and Rock & Roll Literacy Show host) as the winner (by public vote) of Alberta Reader’s Choice Award. Sigmund’s “Thief of Glory” (WaterBrook Press) is about a young boy trying to take care of his family in the aftermath of the 1942 Japanese Imperialist invasion of the Southeast Pacific. The prize awards $10,000 to an Alberta-based author of a work of excellent fiction or narrative non-fiction. http://www.epl.ca/alberta-readers-choiceHarperCollins Canada, the Cooke Agency, and the University of British Columbia have announced the shortlist of the annual HarperCollins Publishers/UBC Prize for Best New Fiction awarded to students and alumni of UBC’s creative writing program, and offers the winner literary representation by the Cooke Agency and a publishing contract with HarperCollins Canada.“Between the Wind and Us” by Iranian-Canadian writer Nazanine Hozar, the story of a young abandoned girl set during the political unrest of 1953–1979 Iran.“Learning to Breathe” by B.C.-based Janice Lynn Mather, a young adult novel about a Caribbean teenager’s struggle to establish herself in a new city and home life.“At The Top of the Wall, Alight” by Sudbury, Ontario, author Natalie Morrill, which follows a Viennese Jew separated from his family during the Second World War. An early version of this novel was previously nominated for the award.Novelist and University of Guelph writing professor, Thomas King, and L.A.-based author, graphic novelist, and musician, Cecil Castellucci, have been named winners of this year’s Sunburst Awards for excellence in Canadian literature of the fantastic. Castellucci won in the YA category for “Tin Star” (Roaring Brook/Raincoast), the first novel in a planned series about a teenager who struggles to survive parent-less in a space station where she is the only human, and which played scene to a brutal assault that haunts her memory. King won in the adult category for his novel “The Back of the Turtle” (HarperCollins Canada), for which he also received a Copper Cylinder Award from the Sunburst Society last week. The book follows a First Nations scientist who finds himself torn after he’s sent to clean up the ecological mess his company has left on the reserve his family grew up on.Be sure to save October 28th on your calendar for the GG book awards announcement. Of course, “GG” stands for Governor-General. The short lists can be viewed here:http://ggbooks.ca/books/. There are categories in both English and French for both children’s text and illustration books.Online ResourcesPodcast: Yegs and Bacon: Episode 22: the full audio from our recent Indigenous Representation in Popular Culture panel. In the audio, you’ll be hearing from (in order of first vocal appearance) Brandon, who introduces the panelists, James Leask, Richard Van Camp, Kelly Mellings, and Patti Laboucane-Benson. Recorded on Monday, September 28th, 2015. http://variantedmonton.com/category/yegs-and-bacon/European Picture Book Collection: The EPBC was designed to help pupils to find out more about their European neighbours through reading the visual narratives of carefully chosen picture books. Here you can find out about how the project began, the theoretical papers that have been presented on European children's literature, and how the materials were initially used in schools. http://www.ncrcl.ac.uk/epbc/EN/index.aspMore next time around,Yours in stories, Gail de VosGail de Vos is an adjunct professor who teaches courses on Canadian children's literature, young adult literature, and comic books & graphic novels at the School of Library and Information Studies (SLIS) at the University of Alberta. She is the author of nine books on storytelling and folklore. Gail is also a professional storyteller who has taught the storytelling course at SLIS for over two decades.

I. First Brexit, then Trump: Has the past year or so ushered in a “wave” (Weisberg), a “barrage” (Desmond-Harris) or a “deluge” (Sidahmed) of that notoriously noxious affect, hate? It certainly feels that way to those of us identified with progressive social and political causes—those of us troubled, not just by Trump’s recent electoral victory, but by the far-right forces to which that victory has given voice. And yet the questions still hanging over efforts to quantify emotional or affective states leaves the claim that there has been a clear spike in hate moot (Ngai 26; Massumi 136-7; Ahmed, Promise 3-8). So let’s try asking a different question. Has this same period seen a rise, across liberal media platforms, in the rhetorical work of “hate-attribution”? Here, at least, an answer seems in readier reach. For no one given to scrolling distractedly through liberal Anglophone media outlets, from The New York Times, to The Guardian, to Slate, will be unfamiliar with a species of journalism that, in reporting the appalling activities associated with what has become known as the “alt-right” (Main; Wallace-Wells; Gourarie), articulates those activities in the rubric of a calculable uptick in hate itself.Before the U.S. Presidential election, this fledgling journalistic genre was already testing its wings, its first shudderings felt everywhere from Univision anchor Jorge Ramos’s widely publicized documentary, Hate Rising (2016), which explores the rise of white supremacist movements across the South-West U.S, to an edition of Slate’s Trumpcast entitled “The Alt-Right and a Deluge of Hate,” which broached the torment-by-Twitter of left-wing journalist David French. In the wake of the election, and the appalling acts of harassment and intimidation it seemed to authorize, the genre gained further momentum—leading to the New Yorker’s “Hate Is on the Rise After Trump’s Election,” to The Guardian’s “Trump’s Election led to Barrage of Hate,” and to Vox’s “The Wave of Post-Election Hate Reportedly Sweeping the Nation, Explained.” And it still has traction today, judging not just by James King’s recent year-in-review column, “The Year in Hate: From Donald Trump to the Rise of the Alt-Right,” but by Salon’s “A Short History of Hate” which tracks the alt-right’s meteoric 2016 rise to prominence, and the New York Times’ recently launched hate-speech aggregator, “This Week in Hate.”As should already be clear from these brisk, thumbnail accounts of the texts in question, the phenomena alluded to by the titular term “hate” are not instances of hate per se, but rather instances of “hate-speech.” The word “hate,” in other words, is being deployed here not literally, to refer to an emotional state, but metonymically, as a shorthand for “hate-speech”—a by-now widely conventionalized and legally codified parlance originating with the U.N. Declaration to describe “violent or violence-inciting speech or acts that “aim or intend to inflict injury, or incite prejudice or hatred, against persons of groups” because of their ethnic, religious, sexual or social affiliation. And there is no doubt that, beyond the headlines, these articles do incredibly important work, drawing connections between, and drawing attention to, a host of harmful activities associated with the so-called “alt-right”—from a pair of mangled, pretzel-shaped swastikas graffiti-ed in a children’s playground, to acts of harassment, intimidation and violence against women, African-Americans, Latinos, Muslims, Jews, and LGBTQ people, to Trump’s own racist, xenophobic and misogynistic tweets. Yet the fact that an emotion-term like hate is being mobilized across these texts as a metonym for the “alt-right” is no oratorical curio. Rather, it perpetuates a pervasive way of thinking about the relationship between the alt-right (a political phenomenon) and hate (an emotional phenomenon) that should give pause to those of us committed to mining that vein of cultural symptomatology now consigned, across the social sciences and critical humanities, to affect theory. Specifically, these headlines inscribe, in miniature, a kind of micro-assessment, a micro-geography and micro-theory of hate. First, they suggest that, even prior to its incarnation in specific, and dangerous, forms of speech or action, hate is in and of itself anathema, a phenomenon so unquestioningly dangerous that a putative “rise” or “spike” in its net presence provides ample pretext for a news headline. Second, they propose that hate may be localized to a particular social or political group—a group subsisting, unsurprisingly, on that peculiarly contested frontier between the ideological alt-right and the American Midwest. And third, they imply that hate is so indubitably the single most significant source of the xenophobic, racist and sexist activities they go on to describe that it may be casually used as these activities’ lexical proxy. What is crystallizing here, I suggest, is what scholars of rhetoric dub a rhetorical “constellation” (Campbell and Jamieson 332)—a constellation from which hate emerges as, a) inherently problematic, b) localizable to the “alt-right,” and, c) the primary engine of the various activities and expressions we associate with them. This constellation of conventions for thinking about hate and its relationship to the activities of right-wing extremist movement has coalesced into a “genre” we might dub the genre of “hate-attribution.” Yet while it’s far from clear that the genre is an effective one in a political landscape that’s fast becoming a political battleground, it hasn’t appeared by chance. Treating “hate,” then, less as a descriptive “grid of analysis” (Sedgwick 152), than as a rhetorical projectile, this essay opens by interrogating the “hate-attribution” genre’s logic and querying its efficacy. Having done so, it approaches the concept of “alternatives” by asking: how might calling time on the genre help us think differently about both hate itself and about the forces catalyzing, and catalyzed by, Trump’s presidential campaign? II.The rhetorical power of the genre of hate-attribution, of course, isn’t too difficult to pin down. An emotion so thoroughly discredited that its assignment is now in and of itself a term of abuse (see, for example, the O.E.D’s freshly-expanded definition of the noun “hater”), hate is an emotion the Judeo-Christian tradition deems not just responsible for but practically akin to murder (John 3:1). In part as a result of this tradition, hate has proven thoroughly resistant to efforts to elevate it from the status of an expression of a subject’s pestiferous inner life to the status of a polemical response to an object in the world. Indeed, while a great deal of the critical energy amassing under the rubric of “affect theory” has recently been put into recuperating the strategic or diagnostic value of emotions long scorned as irrelevant to oppositional struggle—from irritation and envy, to depression, anger and shame (Ngai; Cvetkovich; Gould; Love)—hate has notably not been among them. In fact, those rare scholarly accounts of affect that do address “hate,” notably Ahmed’s excellent work on right-wing extremist groups in the United Kingdom, display an understandable reluctance to rehabilitate it for progressive thought (Cultural Politics). It should come as no surprise, then, that the genre of “hate-attribution” has a rare rhetorical power. In identifying “hate” as the source of a particular position, gesture or speech-act, we effectively drain said position, gesture or speech-act of political agency or representational power—reducing it from an at-least-potentially polemical action in or response to the world, to the histrionic expression of a reprehensible personhood. Yet because hate’s near-taboo status holds across the ideological and political spectrum, what is less clear is why the genre of hate-attribution has achieved such cachet in the liberal media in particular. The answer, I would argue, lies in the fact that the work of hate-attribution dovetails all too neatly with liberal political theory’s longstanding tendency to laminate its social and civic ideals to affective ideals like “love,” “sympathy,” “compassion,” and, when in a less demonstrative humor, “tolerance”. As Martha Nussbaum’s Political Emotions has recently shown, this tradition has an impressive philosophical pedigree, running from Aristotle’s philia (16), John Locke’s “toleration” and David Hume’s “sympathy” (69-75), to the twentieth century’s Universal Declaration of Human Rights, with its promotion of “tolerance and friendship among all nations, racial or religious groups.” And while the labour of what Lauren Berlant calls “liberal sentimentality” (“Poor Eliza”, 636) has never quite died away, it does seem to have found new strength with the emergence of the “intimate public sphere” (Berlant, Queen)—from its recent popular apotheosis in the Clinton campaign’s notorious “Love Trumps Hate” (a slogan in which “love,” unfortunately, came to look a lot like resigned technocratic quietism in the face of ongoing economic and environmental crisis [Zizek]), to its revival as a philosophical project among progressive scholars, many of them under the sway of the so-called “affective turn” (Nussbaum; Hardt; Sandoval; hooks). No surprise, then, that liberalism’s struggle to yoke itself to “love” should have as its eerie double a struggle to locate among its ideological and political enemies an increasingly reified “hate”. And while the examples of this project we’ve touched on so far have hailed from popular media, this set of protocols for thinking about hate and its relationship to the activities of right-wing extremist movements is not unique to media circles. It’s there in political discourse, as in ex-DNC chair Debbie Wasserman Schultz’s announcement, on MSNBC, that “Americans will unite against [Trump’s] hatred.” And it’s there, too, in academic media studies, from FLOW journal’s November 2016 call for papers inviting respondents to comment, among other things, on “the violence and hatred epitomized by Trump and his supporters,” to the SCMS conference’s invitation to members to participate in a pop-up panel entitled “Responding to Hate, Disenfranchisement and the Loss of the Commons.” Yet while the labor of hate-attribution to which many progressive forces have become attached carries an indisputable rhetorical force, it also has some profound rhetorical flaws. The very same stigma, after all, that makes “hate” such a powerful explanatory grenade to throw also makes it an incredibly tough one to land. As Ahmed’s analysis of the online rhetoric of white supremacist organizations should remind us (Cultural Politics), most groups structured around inciting and promoting violence against women and minorities identify, perversely, not as hate groups, but as movements propelled by the love of race and nation. And while left-wing pundits pronounce “hate” the signature emotion of a racist, misogynist Trump-voting right, supporters of Trump ascribe it, just as routinely, to the so-called “liberal elite,” a group whose mythical avatars—from the so-called “Social Justice Warrior” or “SJW,” to the supercilious Washington politico—are said to brand “ordinary [white, male] Americans” indiscriminately as racist, misogynistic, homophobic buffoons. Thus, for example, The Washington Post’s uncanny, far-right journalistic alter-ego, The Washington Times, dubs the SPLC a “liberal hate group”; the Wikipedia mirror-site, Conservapedia, recasts liberal objections to gun violence as “liberal hate speech” driven by an “irrational aversion to weapons”; while one blood-curdling sub-genre of reportage on Steve Bannon’s crypto-fascist soapbox, Breitbart News, is devoted to denouncing what it calls “ ‘anti-White Racism.’” It’s easy enough, of course, to defend the hate-attribution genre’s liberal incarnations while dismissing its right-wing variants as cynical, opportunistic shams, as Ahmed does (Cultural Politics)—thereby re-establishing the wellspring of hate where we are most comfortable locating it: among our political others. Yet to do so seems, in some sense, to perpetuate a familiar volley of hate-attribution. And to the extent that, as many media scholars have shown (Philips; Reed; Tett; Turow), our digital, networked political landscape is in danger of being reduced to a silo-ed discursive battleground, the ritual exchange of terminological grenades that everyone seems eager to propel across ideological lines, but that no one, understandably, seems willing to pick up, seems counter-productive to say the least.Even beyond the genre’s ultimate ineffectiveness, what should strike anyone used to reflecting on affect is how little justice it does to the ubiquity and intricacy of “hate” as an affective phenomenon. Hate is not and cannot be the exclusive property or preserve of one side of the political spectrum. One doesn’t have to stretch one’s critical faculties too far to see the extent to which the genre of hate-attribution participates in the emotional ballistics it condemns or seeks to redress. While trafficking in a relatively simple hate-paradigm (as a subjective emotional state that may be isolated to a particular person or group), the genre itself incarnates a more complex, socially dynamic model of hate in which the emotion operates through logics of projection perhaps best outlined by Freud. In the “hate-attribution” genre, that is, hate—like those equally abjected categories “sentimentality,” “worldliness” or “knowingness” broached by Sedgwick in her bravura analyses of “scapegoating attribution” (150-158)—finds its clearest expression in and through the labor of its own adscription. And it should come as no surprise that an emotion so widely devalued, where it is not openly prohibited, might also find expression in less overt form.Yet to say as much is by no means to discredit the genre. As legal scholar Jeremy Waldron has recently pointed out, there’s no particular reason why “the passions and emotions that lie behind a particular speech act” (34)—even up to and including hate—should devalue the speech acts they rouse. On the contrary, to pin the despicable and damaging activities of the so-called “alt right” on “hate” is, if anything, to do an injustice to a rich and complex emotion that can be as generative as it can be destructive. As Freud suggests in “Group Psychology and the Analysis of the Ego,” for example, hate may be the very seed of love, since the forms of “social feeling” (121) celebrated under the liberal rubric of “tolerance,” “love,” and “compassion,” are grounded in “the reversal of what was first a hostile feeling into a positively-toned tie in the nature of an identification” (121; italics mine). Indeed, Freud projects this same argument across a larger, historical canvas in Civilization and its Discontents, which contends that it is in our very struggle to combat our “aggressive instincts” that human communities have developed “methods intended to incite people into identifications and aim-inhibited relationships of love” (31). For Freud, that is, the practice of love is a function of ongoing efforts to see hate harnessed, commuted and transformed. III.What might it mean, then, to call time on this round of hate-attribution? What sort of “alternatives” might emerge when we abandon the assumption that political engagement entails a “struggle over who has the right to declare themselves as acting out of love” (Ahmed, Cultural Politics 131), and thus, by that same token, a struggle over the exact location and source of hate? One boon, I suggest, is the license it gives those of us on the progressive left to simply own our own hate. There’s little doubt that reframing the dangerous and destructive forms of speech fomented by Trump’s campaign, not as eruptions of hate, or even as “hate-speech,” but as speech we hate would be more consistent with what once seemed affect theory’s first commandment: to take our own affective temperature before launching headlong into critical analysis. After all, when Lauren Berlant (“Trump”) takes a stab at economist Paul Krugman’s cautions against “the Danger of Political Emotions” with the timely reminder that “all the messages are emotional,” the “messages” she’s pointing to aren’t just those of our political others, they’re ours; and the “emotions” she’s pointing to aren’t just the evacuated, insouciant versions of love championed by the Clinton campaign, they’re of the messier, or as Ngai might put it, “uglier” (2) variety—from shame, depression and anger, to, yes, I want to insist, hate.By way of jump-starting this program of hate-avowal, then, let me just say it: this essay was animated, in part, by a certain kind of hate. The social critic in me hates the breathtaking simplification of the complex social, economic and emotional forces animating Trump voters that seem to actuate some liberal commentary; the psychologist in me hates the self-mystification palpable in the left’s insistence on projecting and thus disowning its own (often very well justified) aggressions; and the human being in me, hating the kind of toxic speech to which Trump’s campaign has given rise, wishes to be able to openly declare that hatred. Among its other effects, hate is characterized by hypervigilance for lapses or failings in an object it deems problematic, a hypervigilance that—sometimes—animates analysis (Zeki and Romoya). In this sense, “hate” seems entitled to a comfortable place in the ranks of what Nick Salvato has recently dubbed criticism’s creative “obstructions”—phenomena that, while “routinely identified as detriments” to critical inquiry, may also “form the basis for … critical thinking” (1).Yet while one boon associated with this disclosure might be a welcome intellectual honesty, a more significant boon, I’d argue, is what getting this disclosure out of the way might leave room for. Opting out of the game of hurling “hate” back and forth across a super-charged political arena, that is, we might devote our column inches and Facebook posts to the less sensational but more productive task of systematically challenging the specious claims, and documenting the damaging effects, of a species of utterance (Butler; Matsuda; Waldron) we’ve grown used to simply descrying as pure, distilled “hate”. And we also might do something else. Relieved of the confident conviction that we can track “Trumpism” to a spontaneous outbreak of a single, localizable emotion, we might be able to offer a fuller account of the economic, social, political and affective forces that energize it. Certainly, hate plays a part here—although the process by which, as Isabelle Stengers puts it, affect “make[s] present, vivid and mattering … a worldly world” (371) demands that we scrutinize that hate as a syndrome, rather than simply moralize it as a sin, addressing its mainsprings in a moment marked by the nerve-fraying and life-fraying effects of what has become known across the social sciences and critical humanities as conditions of social and economic “precarity” (Muehlebach; Neil and Rossiter; Stewart).But perhaps hate’s not the only emotion tucked away under the hood. Here’s something affect theory knows today: affect moves not, as more traditional theorists of political emotion have it, “unambiguously and predictably from one’s cognitive processing,” but in ways that are messy, muddled and indirect (Gould 24). That form of speech is speech we hate. But it may not be “hate speech.” That crime is a crime we hate. But it may not be a “hate-crime.” One of the critical tactics we might crib from Berlant’s work in Cruel Optimism is that of decoding and decrypting, in even the most hateful acts, an instance of what Berlant, herself optimistically, calls “optimism.” For Berlant, after all, optimism is very often cruel, attaching itself, as it seems to have done in 2016, to scenes, objects and people that, while ultimately destined to “imped[e] the aim that brought [it to them] initially,” nevertheless came to seem, to a good portion of the electorate, the only available exponent of that classic good-life genre, “the change that’s gonna come” (“Trump” 1-2) at a moment when the Democratic party’s primary campaign promise was more of the free-market same. And in a recent commentary on Trump’s rise in The New Inquiry (“Trump”), Berlant exemplified the kind of critical code-breaking this hypothesis might galvanize, deciphering a twisted, self-mutilating optimism in even the most troublesome acts, claims or positions. Here’s one translation: “Anti-P.C. means: I feel unfree.” And here’s another: “people react negatively, reactively and literally to Black Lives Matter, reeling off the other ‘lives’ that matter.” Berlant’s transcription? “They feel that they don’t matter, and they’re not wrong.”ReferencesAhmed, Sara. The Promise of Happiness. Durham, NC: Duke University Press, 2010.———. The Cultural Politics of Emotion. London: Routledge, 2004.Aristotle. Rhetoric. Trans. W. Rhys Roberts. New York: Cosimo Classics, 2010.———. Politics. Trans. Ernest Barker. Oxford: Oxford University Press, 1995.Berlant, Lauren. Cruel Optimism. Durham, NC: Duke University Press, 2011.———. “Trump, or Political Emotions.” The New Inquiry 5 Aug. 2016. <http://thenewinquiry.com/features/trump-or-political-emotions/>.———. “Poor Eliza.” American Literature 70.3 (1998): 635-668.———. The Queen of America Goes to Washington City. Durham, NC: Duke UP: 1998.Butler, Judith. Excitable Speech: A Politics of the Performative. New York and London: Routledge, 1997.Campbell, Karlyn Kohrs, and Kathleen Hall Jamieson. “Introduction to Form and Genre.” Methods of Rhetorical Criticism: A Twentieth Century Perspective. Eds. Bernard Brock, Robert L. Scott, and James W. Chesebro. Detroit: Wayne State University Press, 1990. 331-242.Conservapedia. “Liberal Hate Speech.” <http://www.conservapedia.com/Liberal_hate_speech>.Cvetkovich, Ann. Depression. 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Photo by Towfiqu barbhuiya on Unsplash INTRODUCTION Bioethics does not have an explicitly stated and agreed upon means of resolving conflicts between normative theories. As such, bioethics lacks an essential feature – action guidance ― an effective translation from theory to practice. While the normative approaches and historical precedents of bioethics may discourage overtly egregious acts, the bioethical discipline does not offer decisive guidance in situations with multiple competing normative approaches. For example, Utilitarians and Kantians offer diametrically opposed guidance in emblematic cases like the trolley problem in which saving a greater number of people conflicts with the imperative to treat persons as ends-in-themselves rather than a means to an end. The predominant framework in bioethics, principlism, also suffers from a lack of action guidance.[1] The consequences of a ‘toothless’ bioethics impeded by misaligned principles and conflicting normative theories are disastrous – not only in death count but also in moral injury and societal fracture. This paper argues that while there is no ‘one theory to rule them all,’ a virtue-based approach to bioethics can ameliorate the adjudication problem. Bioethics ought to embody moral strength but has often provided indecisive guidance due to its awkward theoretical architecture. In defence of bioethics, many actors control societal level decision making. Thus, the onus does not rest entirely on bioethicists but also leaders in government and healthcare. This paper critiques principlism as internally incongruous, as it is composed of elements from multiple ethical theories. Understanding this, it is seen that the entirety of theoretical bioethics, as composed of conflicting normative approaches, also suffers from this action-guidance problem.[2] l. The Birth of Bioethics Amid Tragedy Bioethics was born out of tragedy. During the Nuremberg Trials of 1946-47, a cohort of French, American, British, and Soviet judges forced the Nazi doctors and architects of the Holocaust to stand trial for their egregious actions and feel the firm hand of justice. In an example of ex post facto law, the global community identified unethical action and indicted Germans for breaking natural law.[3] As a result, the Nuremberg Code arose to prevent crimes against human research subjects. It outlines the parameters of ethical research and is a foundational document of modern bioethics.[4] Early bioethics pronounced immorality and offered decisive guidance, laying the groundwork for an internationally unified theory of negative morality – that which is never permissible. Tuskegee was another foundational tragedy in the history of bioethical discipline. In 1932, the US Public Health Service recruited six hundred African American men from Macon County, Alabama for a study on the effects of untreated syphilis.[5] The researchers failed to obtain informed consent and intentionally withheld information regarding the disease or the nature of the study. The researchers did not offer any men the cure, penicillin, which was discovered midway through the experiment. Many men died during the study. The perpetrators evaded justice until 1972. Tuskegee sparked a new paradigm of bioethics, including the US federal policies, the establishment of ethics review boards, and informed consent as a core tenet of biomedical practice.[6] The National Research Act of 1974 and the Belmont Report of 1978 laid new ground for research ethics and set the tone for the contemporary practice of bioethics. ll. The Rise of Principlism These two cases demonstrate the nature of the early days of bioethics. It largely lacked high-level theory and appealed more to generally agreed upon moral facts and common-sense morality. However, as medicine advanced, increasingly complex biomedical issues created problems that required greater appeals to theory.[7] The “heroic” phase of bioethics saw “theorists aspire to construct symmetrical cathedrals of normative thought.”[8] In the wake of the Tuskegee Syphilis Study, Tom Beauchamp and James Childress helped draft the Belmont Report, a bulwark intended to prevent future atrocities in human research trials. The document aimed to curtail the utilitarianism implicit in medical research and add essential considerations of the subjects themselves, including respect for persons, beneficence, and justice.[9] It also served as the bedrock of the theoretical architecture of principlism. In 1979, Beauchamp and Childress’ published Principles of Biomedical Ethics, which is arguably the most influential text in bioethics scholarship. It attempts to incorporate some main theoretical approaches to ethics in a unified moral theory: autonomy reflects the work of Kant; beneficence aligns with utilitarianism; non-maleficence is reminiscent of Hippocrates; and justice borrows heavily from Rawls.[10] These four principles have become canonical in academic bioethics. However, doubts remain as to their effectiveness in guiding action toward ethical aims given how scholars contend that “ethical expertise cannot be codified in principles.”[11] lll. A Critique of Principlism Clouser & Gert say: At best, ‘principles’ operate primarily as checklists naming issues worth remembering when considering a biomedical moral issue. At worst ‘principles’ obscure and confuse moral reasoning by their failure to be guidelines and by their eclectic and unsystematic use of moral theory.[12] To this point, principlism is no more than a flashlight – a tool to illuminate the ethical landscape. Viewing cases through the lens of moral principles can reveal the salient moral features, but it ultimately provides no guidance for adjudication, hereby referred to as the adjudication problem. Consequently, the doctor’s moral intuition has de facto weight, and the principles are merely a post hoc justification for any given action they choose. Using the four principles to decide the right course of moral action is “tantamount to using two, three, or four conflicting moral theories to decide a case.”[13] Principlism attempts to reap the benefit of multiple ethical theories, each with unambiguous goals. When blended, the result is discordant directives. These conflicting principles “provide no systematic guidance” for real world dilemmas.[14] Other ethical theories have faults too. Kantians leave no room for exceptions for exigency, and utilitarianism ‘crosses the line’ far too often. At least these theories decisively guide action and provide unambiguous justification for doing so. Utilitarianism is quite measurable: “Provide the greatest good for the greatest number” – sure! Done. Kant’s ethical imperative has a clear rule: “Never treat humans as a mere means to an end” – certainly, will do. Principlism merely provides “a check list of considerations” that doctors can cross off one by one before going about their originally intended course of action.[15] Worse, the internally disharmonious nature of principlism allows doctors to justify ethically dubious decisions. An important goal of bioethics is avoiding the following scenario: a doctor faces with a moral dilemma. He can choose Option A or Option B. Let’s say B is morally preferrable on a consensus view. However, his moral intuition guides him toward Option A. Having completed his required course on biomedical ethics in medical school, he recalls a few theories which are relevant to his case. He considers the four principles but autonomy conflicts with beneficence, which does not yield a straightforward, practical directive, so he disregards principlism for the case at hand. Kantian ethics disagrees with his intuition, but utilitarianism may support it. He goes ahead with Option A, claiming utilitarianism supported his actions. He, therefore, provides post hoc justification for Option A, using whichever theory agrees with his judgment. Reliance on intuition when the principles conflict is an intractable problem “unless one is willing to grant privileged epistemological status to the moral judgments (calling them "intuitions") or to the moral principles (calling them "self-evident" or otherwise a priori”).[16] Neither deserves a privileged epistemological status. Moral intuitions can possess prejudice or ignorance, and moral principles can demonstrably conflict, offering no guidance. Realistically, most people “pay little attention to theories when they make moral decisions,” and when they do, post hoc rationalization often follows. When discipline is used as an afterthought, it provides justifications for potentially unethical actions. lV. Virtue Ethics: A Provisional Solution Virtue ethics may provide a workaround. It emphasizes the disposition and character of the moral agent instead of abstract theories, making it a practical choice. As Jacobson writes, “ethical dictates cannot be codified in general rules applicable to particular situations by someone who lacks virtue.”[17] Ethical theories can still highlight moral lapses and dilemmas, but since they do not decisively guide action, bioethics must focus on moral agents’ decision-making abilities. Aristotelian virtue as a provisional solution to the adjudication problem also accounts for the “multiple and heterogeneous” particularities which other theories often neglect.[18] Aristotle said that "phronesis [practical wisdom] deals with the ultimate particular and this is done by perception (aisthesis) rather than science (episteme).”[19] Scientific knowledge in the case of bioethics may appropriately refer to medical facts. Perception refers to the moral intuition of an individual agent as applied to a given scenario. Jonsen goes further, however, interpreting this perception as “the appreciative sight of a constellation of ideas, arguments, and facts about the case, seen as a whole.”[20] Phronesis, or practical wisdom, is the cardinal virtue of Aristotelian virtue ethics. It enables the agent to consider the relevant facts and act in the most prudent, courageous, or tempered manner. This paper proposes that in the face of intractable theoretical disagreements, the only way forward for bioethics is to educate bioethics practitioners and students in this tradition. V. Counterargument So far, this paper has argued that bioethics is relatively toothless and needs to give clear guidance due to theoretical disagreements and the intractable differences between normative approaches. And yet, some may object to the notion that bioethics ought to have these proverbial teeth. In this view, bioethics merely acts as a sounding board for those in executive roles (doctors, lawyers, politicians) to better understand the moral landscape of the problem. To them, bioethics’ failure to decisively guide action is acceptable because it should not. If this is the case, then bioethics need not speak with one voice and should cherish the long-standing, obstinate disagreements between different theoretical camps. But this paper contends the opposite. If bioethics continues to offer conflicting imperatives and fails to demonstrably guide individuals, hospitals, and society toward clear ethical aims and outcomes, it has failed as a discipline. One might argue that virtue theory is not an ideal framework to replace principlism because individuals approach ethical problems in many ways based on features of their character and background. Injecting one’s character into moral decisions can lead to bias. As Carl Elliot writes, “how a moral problem is described will turn on an array of variables: the role and degree of involvement in the case of the person who is describing it, the person’s particular profession or discipline, her religious and cultural inheritance-indeed, with all of the intangibles that have contributed to her character.”[21] Self-awareness may counteract personal biases in moral decision making. Vl. Limitation Virtue ethics is only a provisional solution to the adjudication problem for two reasons. One, not everyone is inherently virtuous, and two, theoretical differences may be resolved. If deontology and consequentialism can be incorporated into a unified theory for bioethics, then virtue ethics may not be necessary. On a certain view, it would be ideal for ethics to be computational – plug in the relevant variables and receive the morally correct answer. Arguably, principlism was an attempt at such a matrix, but it ultimately failed as a unified theory. Rather than waiting for a perfect unified theory, we must count on the genuine virtue of the moral agents who make ethically important decisions from policy to bedside. If practical wisdom is not a characteristic of these agents, then their decisions will not be as ethical as they ought to be, and no theory is the panacea to such a problem. CONCLUSION Bioethics emerged out of unified responses to clear cases of moral depravity, like the Holocaust and Tuskegee, and perhaps bioethics is most appropriate for such cases which are conducive to moral certitude. At minimum, bioethics offers meaningful guidance in cases where the relevant duties align with beneficent consequences. For example, in both the Nuremberg and Tuskegee cases, abrogating fundamental duties to humanity led to grievous consequences. The principles developed in the wake of such problems led to a conflict between autonomy and beneficence, which perhaps mirror the conflict between Kantian deontology and utilitarianism. Bioethics excels when deontology and utilitarianism are aligned, but most of the time, they are not. In such instances, virtue is needed to adjudicate conflicting normative approaches and resolve theoretical tensions with practical wisdom and courage. - [1] Clouser, K. D., & Gert, B. (1990). A Critique of Principlism, The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine, Volume 15, Issue 2, April 1990, Pages 219–236, https://doi.org/10.1093/jmp/15.2.219 [2] Clouser, K. D., & Gert, B. (1990). [3] Annas, G. J. (2010). The legacy of the Nuremberg Doctors’ Trial to American bioethics and human rights. In Medicine After the Holocaust (pp. 93-105). Palgrave Macmillan, New York. https://scholarship.law.umn.edu/mjlst/vol10/iss1/4 [4] Annas, G. J. (2010). The legacy of the Nuremberg Doctors’ Trial to American bioethics and human rights. In Medicine After the Holocaust (pp. 93-105). Palgrave Macmillan, New York. https://scholarship.law.umn.edu/mjlst/vol10/iss1/4 [5] Barrett, L. A. (2019). Tuskegee Syphilis Study of 1932-1973 and the Rise of Bioethics as Shown through Government Documents and Actions. DttP, 47, 11. https://heinonline.org/HOL/LandingPage?handle=hein.journals/dttp47&div=36&id=&page= [6] Barrett, L. A. (2019). [7] Annas, G. J. (2010). [8] Annas, G. J. (2010). [9] Adashi, E. Y., Walters, L. B., & Menikoff, J. A. (2018). The Belmont Report at 40: reckoning with time. American Journal of Public Health, 108(10), 1345-1348. https://doi.org/10.2105/AJPH.2018.304580 [10] Beauchamp, T. L., & Childress, J. F. (2001). Principles of Biomedical Ethics. Oxford University Press, USA. [11] Jacobson, D. (2005). Seeing by feeling: virtues, skills, and moral perception. Ethical Theory and Moral Practice, 8(4), 387-409. https://doi.org/10.1007/s10677-005-8837-1 [12] Clouser, K. D., & Gert, B. (1990). [13] Clouser, K. D., & Gert, B. (1990). [14] Clouser, K. D., & Gert, B. (1990). [15] Clouser, K. D., & Gert, B. (1990). [16] Daniels, N. (1979). Wide Reflective Equilibrium and Theory Acceptance in Ethics. The Journal of Philosophy, 76(5), 256-282. https://doi.org/10.2307/2025881 [17] Jacobson, D. (2005). [18] Jonsen, A. R. (1991). Of balloons and bicycles—or—the relationship between ethical theory and practical judgment. Hastings Center Report, 21(5), 14-16. https://doi.org/10.2307/3562885 [19] Jonsen, A. R. (1991), p. 15. [20] Jonsen, A. R. (1991), p. 15. [21] Elliott, C. (1992). Where ethics comes from and what to do about it. Hastings Center Report, 22(4), 28-35. https://onlinelibrary.wiley.com/doi/pdf/10.2307/3563021

Why do politicians wear what they wear? Social conventions and parliamentary rules largely shape how politicians dress. Clothing is about power, especially if we think about clothing as uniforms. Uniforms of judges and police are easily recognised as symbols of power. Similarly, the business suit of a politician is recognised as a form of authority. But what if you are a female politician: what do you wear to work or in public? Why do we expect politicians to wear suits and ties? While we do expect a certain level of behaviour of our political leaders, why does the professionalised suit and tie signal this? And what happens if a politician challenges this convention? Female politicians, and largely any women in a position of power in the public sphere, are judged when they don’t conform to the social conventions of appropriate dress. Arguably, male politicians are largely not examined for their suit preferences (unless you are Paul Keating wearing Zenga suits or Anthony Albanese during an election make-over), so why are female politicians’ clothes so scrutinised and framed as reflective of their abilities or character? This article interrogates the political uniform and its gendered contestations. It does so via the ways female politicians are challenging gender norms and power relations in how they dress in public, political, and parliamentary contexts. It considers how rules and conventions around political clothing are political in themselves, through a discussion on how female politicians and political figures choose to adhere to or break these rules. Rules about what dress is worn by parliamentarians are often archaic, often drawn from rules set by parliaments largely made up of men. But even with more women sitting in parliaments, dress rules still reflect a very masculine idea of what is appropriate. Dress standards in the Australian federal parliament are described as a “matter for individual judgement”, however the Speaker of the House of Representatives can make rulings on members’ attire. In 1983, the Speaker ruled dress was to be neat, clean, and decent. In 1999, the Speaker considered dress to be “formal” and “similar to that generally accepted in business and professional circles”. This was articulated by the Speaker to be “good trousers, a jacket, collar and tie for men and a similar standard of formality for women”. In 2005, the Speaker reinforced this ruling that dress should be “formal” in keeping with business and professional standards, adding there was no “dignity of the House for Members to arrive in casual or sportswear” (“Dress”). Clothes with “printed slogans” are not considered acceptable and result in a warning from the Speaker for Australian MPs to “dress more appropriately”. Previous dress rulings also include that members should not remove their jackets in parliament, “tailored safari suits without a tie were acceptable, members could wear hats in parliament but had to remove them while entering or leaving the chamber and while speaking”. The safari suit rule likely refers to the former Foreign Affairs Minister Gareth Evans’s wearing of the garment during the 1980s and 1990s. The Speaker can also rule on what a member of the federal parliament can’t do. While in parliament, members can’t smoke, can’t read a newspaper, can’t distribute apples, may not climb over seats, and can’t hit or kick their desks. Members of parliament can however use their mobile phones for text messaging, and laptops can be used for emails (“Dress”). These examples suggest an almost old-fashioned type of school rules juxtaposed with modern sensibilities, positing the ad-hoc nature of parliamentary rules, with dress rules further evidence of this. While a business suit is considered the orthodoxy of the political uniform for male politicians, this largely governs rules about what female politicians wear. The business suit, the quasi-political uniform for male MPs, is implicit and has social consensus. The suit, which covers the body, is comprised of trousers to the ankle, well cut in muted colours of blue, grey, brown, and black, with contrasting shirts, often white or light colours, ties that may have a splash of colour, often demonstrating allegiances or political persuasions, mostly red or blue, as in the case of Labor and Liberal or Republicans and Democrats. The conventions of the suit are largely proscribed onto women, who wear a female version of the male suit, with some leeway in colour and pattern. Dress for female MPs should be modest, as with the suit, covering much of the body, and especially have a modest neckline and be at least knee length. In the American Congress, the dress code requires “men to wear suit jackets and ties ... and women are not supposed to wear sleeveless tops or dresses without a sweater or jacket” (Zengerle). In 2017, this prompted US Congresswomen to wear sleeveless dresses as a “right to bare arms” (Deutch and Karl). In these two Australian and American examples of a masculine parliamentary wear it is reasonable to suppose a seeming universality about politicians’ dress codes. But who decides what is the correct mode of political uniform? Sartorial rules about what are acceptable clothing choices are usually made by the dominant group, and this is the case when it comes to what politicians wear. Some rules about what is worn in parliament are archaic to our minds today, such as the British parliament law from 1313 which outlaws the wearing of armour and weaponry inside the chamber. More modern rulings from the UK include the banning of hats in the House of Commons (although not the Lords), and women being permitted handbags, but not men (Simm). This last rule reveals how clothing and its performance is gendered, as does the Australian parliament rule that a “Member may keep his hands in his pockets while speaking” (“Dress”), which assumes the speaker is likely a man wearing trousers. Political Dress as Uniform While political dress may be considered as a dress ‘code’ it can also be understood as a uniform because the dress reflects their job as public, political representatives. When dress code is considered as a uniform, homogenisation of dress occurs. Uniformity, somewhat ironically, can emphasise transgressions, as Jennifer Craik explains: “cultural transgression is a means of simultaneously undermining and reinforcing rules of uniforms since an effective transgressive performance relies on shared understandings of normative meanings, designated codes of conduct and connotations” (Craik 210). Codified work wear usually comes under the umbrella of uniforms. Official uniforms are the most obvious type of uniforms, clearly denoting the organisation of the wearer. Military, police, nurses, firefighters, and post-office workers often have recognisable uniforms. These uniforms are often accompanied by a set of rules that govern the “proper” wearing of these items. Uniforms rules do not just govern how the clothing is worn, they also govern the conduct of the person wearing the uniform. For example, a police officer in uniform, whether or not on duty, is expected to maintain certain codes of behaviour as well as dress standards. Yet dress, as Craik notes, can also be transgressive, allowing the wearer to challenge the underpinning conventions of the dress codes. Both Australian Senator Sarah Hanson-Young and US Congresswoman Alexandria Ocasio-Cortez, to name just two, leveraged social understandings of uniforms when they used their clothing to communicate political messages. Fashion as political communication or as ‘fashion politics’ is not a new phenomenon (Oh 374). Jennifer Craik argues that there are two other types of uniform; the unofficial and the quasi-uniform (17). Unofficial uniforms are generally adopted in lieu of official uniforms. They generally arise organically from group members and function in similar ways to official uniforms, and they tend to be identical in appearance, even if hierarchical. Examples of these include the yellow hi-vis jackets worn by the French Gilets Jaunes during the 2018 protests against rising costs of living and economic injustice (Coghlan). Quasi-uniforms work slightly differently. They exist where official and unofficial rules govern the wearing of clothes that are beyond the normal social rules of clothing. For example, the business suit is generally considered appropriate attire for those working in a conservative corporate environment: some workplaces restrict skirt, trouser, and jacket colours to navy, grey, or black, accompanied by a white shirt or blouse. In this way we can consider parliamentary dress to be a form of “quasi-uniform”, governed by both official and unofficial workplaces rules, but discretionary as to what the person chooses to wear in order to abide by these rules, which as described above are policed by the parliamentary Speaker. In the Australian House of Representatives, official rules are laid down in the policy “Dress and Conduct in the Chamber” which allows that “the standard of dress in the Chamber is a matter for the individual judgement of each Member, [but] the ultimate discretion rests with the Speaker” (“Dress”). Clothing rules within parliamentary chambers may establish order but also may seem counter-intuitive to the notions of democracy and free speech. However, when they are subverted, these rules can make clothing statements seem even more stark. Jennifer Craik argues that “wearing a uniform properly ... is more important that the items of clothing and decoration themselves” (4) and it is this very notion that makes transgressive use of the uniform so powerful. As noted by Coghlan, what we wear is a powerful tool of political struggle. French revolutionaries rejected the quasi-uniforms of the French nobility and their “gold-braided coat, white silk stockings, lace stock, plumed hat and sword” (Fairchilds 423), and replaced it with the wearing of the tricolour cockade, a badge of red, blue, and white ribbons which signalled wearers as revolutionaries. Uniforms in this sense can be understood to reinforce social hierarchies and demonstrate forms of power and control. Coghlan also reminds us that the quasi-uniform of women’s bloomers in the 1850s, often referred to as “reform dress”, challenged gender norms and demonstrated women’s agency. The wearing of pants by women came to “symbolize the movement for women’s rights” (Ladd Nelson 24). The wearing of quasi-political uniforms by those seeking social change has a long history, from the historical examples already noted to the Khadi Movement led by Gandhi’s “own sartorial choices of transformation from that of an Englishman to that of one representing India” (Jain), to the wearing of sharecropper overalls by African American civil rights activists to Washington to hear Martin Luther King in 1963, to the Aboriginal Long March to Freedom in 1988, the Tibetan Freedom Movement in 2008, and the 2017 Washington Pink Pussy Hat March, just to name a few (Coghlan). Here shared dress uniforms signal political allegiance, operating not that differently from the shared meanings of the old-school tie or tie in the colour of political membership. Political Fashion Clothing has been used by queens, female diplomats, and first ladies as signs of power. For members of early royal households, “rank, wealth, magnificence, and personal virtue was embodied in dress, and, as such, dress was inherently political, richly materialising the qualities associated with the wearer” (Griffey 15). Queen Elizabeth I (1558-1603), in order to subvert views that she was unfit to rule because of her sex, presented herself as a virgin to prove she was “morally worthy of holding the traditionally masculine office of monarch” (Howey 2009). To do this she dressed in ways projecting her virtue, meaning her thousands of gowns not only asserted her wealth, they asserted her power as each gown featured images and symbols visually reinforcing her standing as the Virgin Queen (Otnes and Maclaren 40). Not just images and symbols, but colour is an important part of political uniforms. Just as Queen Elizabeth I’s choice of white was an important communication tool to claim her right to rule, Queen Victoria used colour to indicate status and emotion, exclusively wearing black mourning clothes for the 41 years of her widowhood and thus “creating a solemn and pious image of the Queen” (Agnew). Dress as a sign of wealth is one aspect of these sartorial choices, the other is dress as a sign of power. Today, argues Mansel, royal dress is as much political as it is performative, embedded with a “transforming power” (Mansel xiiv). With the “right dress”, be it court dress, national dress, military or civil uniform, royals can encourage loyalty, satisfy vanity, impress the outside world, and help local industries (Mansel xiv). For Queen Elizabeth II, her uniform rendered her visible as The Queen; a brand rather than the person. Her clothes were not just “style choices”; they were “steeped with meaning and influence” that denoted her role as ambassador and figurehead (Atkinson). Her wardrobe of public uniforms was her “communication”, saying she was “prepared, reliable and traditional” (Atkinson). Queen Elizabeth’s other public uniform was that of the “tweed-skirted persona whose image served as cultural shorthand for conservative and correct manner and mode” (Otnes and Maclaren 19). For her royal tours, the foreign dress of Queen Elizabeth was carefully planned with a key “understanding of the political semantics of fashion … with garments and accessories … pay[ing] homage to the key symbols of the host countries” (Otnes and Maclaren 49). Madeline Albright, former US Secretary of State, engaged in sartorial diplomacy not with fashion but with jewellery, specifically pins (Albright). She is quoted as saying on good days, when I wanted to project prosperity and happiness, I'd put on suns, ladybugs, flowers, and hot-air balloons that signified high hopes. On bad days, I'd reach for spiders and carnivorous animals. If the progress was slower than I liked during a meeting in the Middle East, I'd wear a snail pin. And when I was dealing with crabby people, I put on a crab. Other ambassadors started to notice, and whenever they asked me what I was up to on any given day, I would tell them, “Read my pins”. (Burack) Two American first ladies, Hillary Rodham Clinton and Michelle Obama, demonstrate how their fashion acted as a political uniform to challenge the ideal notions of American womanhood that for generations were embedded in the first lady (Rall et al.). While modern first ladies are now more political in their championing of causes and play an important role in presidential election, there are lingering expectations that the first lady be the mother of the nation (Caroli). First Lady Hillary Rodham Clinton’s eclectic style challenged the more conservative tone set by prior Republican first ladies, notably Barbara Bush. Rodham Clinton is a feminist and lawyer more interested in policy that the domesticity of White House functions and décor. Her fashion reflects her “independence, individuality and agency”, providing a powerful message to American women (Rall et al. 274). This was not that much of a shift from her appearance as the wife of a Southern Governor who wouldn’t wear makeup and kept her maiden name (Anderson and Sheeler 26). More recently, as Democratic Presidential nominee, Rodham Clinton again used fashion to tell voters that a woman could wear a suit and become president. Rodham Clinton’s political fashion acted to contest the gender stereotypes about who could sit in the White House (Oh 374). Again, the pantsuit was not new for Rodham Clinton; “when I ran for Senate in 2000 and President in 2008, I basically had a uniform: a simple pantsuit, often black” (Mejia). Rodham Clinton says the “benefit to having a uniform is finding an easy way to fit in … to do what male politicians do and wear more or less the same thing every day”. As a woman running for president in 2016, the pantsuit acted as a “visual cue” that she was “different from the men but also familiar” (Mejia). Similarly, First Lady Michelle Obama adopted a political uniform to situate her role in American society. Gender but also race and class played a role in shaping her performance (Guerrero). As the first black First Lady, in the context of post-9/11 America which pushed a “Buy American” retail campaign, and perhaps in response to the novelty of a black First Lady, Obama expressed her political fashion by returning the First Lady narrative back to the confines of family and domesticity (Dillaway and Paré). To do this, she “presented a middle-class casualness by wearing mass retail items from popular chain stores and the use of emerging American designers for her formal political appearances” (Rall et al. 274). Although the number of women elected into politics has been increasing, gender stereotypes remain, and female representation in politics still remains low in most countries (Oh 376). Hyland argues that female politicians are subject to more intense scrutiny over their appearance … they are held to higher standards for their professional dress and expected to embody a number of paradoxes — powerful yet demure, covered-up but not too prim. They’re also expected to keep up with trends in a way that their male counterparts are not. Sexism can too easily encroach upon critiques of what they wear. How female politicians dress is often more reported than their political or parliamentary contributions. This was the case for Australia’s first female Prime Minister Julia Gillard. Jansens’s 2019 research well demonstrates the media preoccupation with political women’s fashion in a number of ways, be it the colours they choose to wear, how their clothing reveals their bodies, and judgements about the professionalism of their sartorial choices and the number of times certain items of clothing are worn. Jansens provides a number of informative examples noting the media’s obsession with Gillard’s choices of jackets that were re-worn and tops that showed her cleavage. One Australian Financial Review columnist reported, I don’t think it’s appropriate for a Prime Minister to be showing her cleavage in Parliament. It’s not something I want to see. It is inappropriate to be in Parliament, it is disrespectful to yourself and to the Australian community and to the parliament to present yourself in a manner that is unprofessional. (Jansens) The media preoccupation with female politicians’ clothing is noted elsewhere. In the 2012 Korean presidential election, Geun-hye Park became the first female president of Korea, yet media reports focussed largely on Park’s fashion: a 2013 newspaper published a four-page analysis titled “Park Geun-hye Fashion Project”. Another media outlet published a review of the 409 formal function outfits worn by Park (Oh 378). The larger focus, however, remains on Park’s choice to wear a suit, referred to as her “combat uniform” (Cho), for her daily parliamentary and political duties. This led Oh to argue that Korean female politicians, including Park, wear a “male suit as a means for benefit and survival”; however, with such media scrutiny “female politicians are left under constant surveillance” (382). As Jansens argues, clothing can act as a “communicative barrier between the body and society”, and a narrative that focusses on how clothes fit and look “illustrates women’s bodies as exceptional to the uniform of the political sphere, which is a masculine aesthetic” (212). Drawing on Entwistle, Jansens maintains that the the uniform “serves the purpose in policing the boundaries of sexual difference”, with “uniforms of gender, such as the suit, enabl[ing] the repetitious production of gender”. In this context, female politicians are in a double bind. Gillard, for example, in changing her aesthetic illustrates the “false dichotomy, or the ‘double bind’ of women’s competency and femininity that women can be presented with regarding their agency to conform, or their agency to deviate from the masculine aesthetic norm” (Jansens 212). This was likely also the experience of Jeannette Rankin, with media reports focusing on Rankin’s “looks and “personal habits,” and headlines such “Congresswoman Rankin Real Girl; Likes Nice Gowns and Tidy Hair” (“Masquerading”). In this article, however, the focus is not on the media preoccupation with female politicians’ political fashion; rather, it is on how female politicians, rather than conforming to masculine aesthetic norms of wearing suit-like attire, are increasingly contesting the political uniform and in doing so are challenging social and political boundaries As Yangzom puts it, how the “embodiment of dress itself alters political space and civic discourse is imperative to understanding how resistance is performed in creating social change” (623). This is a necessary socio-political activity because the “way the media talks about women affects the way women are perceived in society. If women’s appearances are consistently highlighted in the media, inequality of opportunity will follow from this inequality of treatment” (Jansens 215). Contesting the Political Uniform Breaking fashion norms, or as Entwistle argues, “bodies which flout the conventions of their culture and go without the appropriate clothes are subversive of the most basic social codes and risk exclusion, scorn and ridicule” (7), hence the price may be high to pay for a public figure. American Vice-President Kamala Harris’s penchant for comfy sneakers earned her the nickname “the Converse candidate”. Her choice to wear sneakers rather than a more conventional low-heel shoe didn’t necessarily bring about a backlash; rather, it framed her youthful image (possibly to contrast against Trump and Biden) and posited a “hit the ground running” approach (Hyland). Or, as Devaney puts it, “laced up and ready to win … [Harris] knew her classic American trainers signalled a can-do attitude and a sense of purpose”. Increasingly, political women, rather than being the subject of social judgments about their clothing, are actively using their dressed bodies to challenge and contest a range of political discourses. What a woman wears is a “language through which she can send any number of pointed messages” (Weiss). In 2021, US Congresswoman Alexandria Ocasio-Cortez wore a ‘Tax the rich’ dress to the Met Gala. The dress was designed by social activist designers Brother Vellies and loaned to Ocasio-Cortez to attend the $30,000 ticket event. For Ocasio-Cortez, who has an Instagram following of more than eight million people, the dress is “about having a real conversation about fairness and equity in our system, and I think this conversation is particularly relevant as we debate the budget” (“Alexandria”). For Badham, “in the blood-spattered garments of fighting class war” the “backlash to Alexandria Ocasio-Cortez’s … dress was instant and glorious”. At the same event, Congresswomen Carolyn Maloney wore an ‘Equal Rights for Women’ suffragette-themed floor length dress in the suffragette colours of purple, white, and gold. Maloney posted that she has “long used fashion as a force 4 change” (Chamlee). US Senator Kyrsten Sinema is known for her “eccentric hipster” look when sitting in the chamber, complete with “colourful wigs, funky glasses, gold knee-high boots, and a ring that reads ‘Fuck off”’ (Hyland). Simena has been called a “Prada Socialist” and a “fashion revolutionary” (Cauterucci). Similarly, UK politician Harriet Harmen received backlash for wearing a t-shirt which read “This is what a feminist looks like” when meeting PM David Cameron (Pilote and Montreuil). While these may be exceptions rather than the rule, the agency demonstrated by these politicians speaks to the patriarchal nature of masculine political environments and the conventions and rules that maintain gendered institutions, such as parliaments. When US Vice-President Kamala Harris was sworn in, she was “not only … the first woman, Black woman, and South Asian-American woman elected to the position, but also … the first to take the oath of office wearing something other than a suit and tie”, instead wearing a feminised suit consisting of a purple dress and coat designed by African-American designer Christopher John Rogers (Naer). Harris is often photographed wearing Converse sneakers, as already noted, and Timberland work boots, which for Naer is “quietly rebellious” because with them “Harris subverts expectations that women in politics should appear in certain clothing (sleek heels, for instance) in order to compete with men — who are, most often, in flats”. For Elan, the Vice-President’s sneakers may be a “small sartorial detail, but it is linked to the larger cultural moment in which we live. Sneakers are a form of footwear finding their way into many women’s closets as part of a larger challenge to outmoded concepts of femininity” as well as a nod to her multiracial heritage where the “progenitors of sneaker culture were predominantly kids of colour”. Her dress style can act to disrupt more than just gender meanings; it can be extended to examine class and race. In 2022, referencing the Alexandria Ocasio-Cortez 2021 Met dress, Claudia Perkins, the wife of Australian Greens leader Adam Bandt, wore a “white, full-length dress covered in red and black text” that read “coal kills” and “gas kills”, with slick, long black gloves. Bandt wore a “simple tux with a matching pocket square of the same statement fabric” to the federal parliament Midwinter Ball. Joining Perkins was Greens Senator Sarah Hanson-Young, wearing an “hourglass white dress with a statement on the back in black letters” that read: “end gas and coal”. The trim on the bottom was also covered in the same text. Hanson-Young posted on social media that the “dress is made from a 50-year-old damask table cloth, and the lettering is made from a fast fashion handbag that had fallen apart” (Bliszczyk). Federal MP Nicolle Flint posted a video on Twitter asking a political commentator what a woman in politics should wear. One commentator had taken aim at Flint’s sartorial choices which he described “pearl earrings and a pearly smile” and a “vast wardrobe of blazers, coats and tight, black, ankle-freezing trousers and stiletto heels”. Ending the video, Flint removes her black coat to reveal a “grey bin bag cinched with a black belt” (Norman). In 2018, Québec politician Catherine Dorian was criticised for wearing casual clothes, including Dr Marten boots, in parliament, and again in 2019 when Dorian wore an orange hoodie in the parliamentary chamber. The claim was that Dorian “did not respect decorum” (Pilote and Montreuil). Dorian’s response was “it’s supposed to be the people’s house, so why can’t we look like normal people” (Parrillo). Yet the Québec parliament only has dress rules for men — jacket, shirt and ties — and has no specifics for female attire, meaning a female politician can wear Dr Martens or a hoodie, or meaning that the orthodoxy is that only men will sit in the chamber. The issue of the hoodie, somewhat like Kamala Harris’s wearing of sneakers, is also a class and age issue. For Jo Turney, the hoodie is a “symbol of social disobedience” (23). The garment is mass-produced, ordinary, and democratic, as it can be worn by anyone. It is also a sign of “criminality, anti-social behaviour and out of control youth”. If the media are going to focus on what female politicians are wearing rather than their political actions, it is unsurprising some will use that platform to make social and political comments on issues relating to gender, but also to age, class, and policies. While this may maintain a focus on their sartorial choices, it does remind us of the double bind female politicians are in. With parliamentary rules and social conventions enamoured with the idea of a ‘suit and tie’ being the appropriate uniform for political figures, instances when this ‘rule’ is transgressed will risk public ridicule and social backlash. However, in instances were political women have chosen to wear garments that are not the conventional political uniform of the suit and tie, i.e. a dress or t-shirt with a political slogan, or a hoodie or sneakers reflecting youth, class, or race, they are challenging the customs of what a politician should look like. Politicians today are both men and women, different ages, abilities, sexualities, ethnicities, religions, and demographics. To narrowly suppose what a politician is by what they wear narrows public thinking about a person’s contribution or potential contribution to public life. 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