Friday, July 19, 2013

Soberly Focusing on the Problem

Largely, Africans have been on the defensive. Perhaps not all Africans, but more especially their estranged politician representatives. We have been on the defensive about our sovereignty and our right to determine matters within our own borders; within our own regions, and within our continent. We have cried foul when the West has intervened, especially when they have intervened in a manner deemed politically negative or in the West's own interests.
 
This is perhaps best crystalized in the Al Bashir saga when Malawi, under one leadership thought it a show of African solidarity to allow him entry and exit into Malawi without arrest; and then under another, a show of defending the national interest to deny him entry to avert another wrangle with the already withdrawing donor community. It is indeed all within good reason to believe that indeed there is some agenda being pursued in the manner in which certain international organizations have dealt with African matters, and the ICC issue relating to AL Bashir of Sudan is no different. But in the midst of all this, we as Africans, be it within our national borders, within our regional groups and then as a collective across the continent seem to simultaneously turn a blind eye to other matters that are of equal or perhaps more importance when we deal with such external influences.
 
Take Malawi for example, July 20th arrives in 2011. This day has already been designated a day of nation-wide demonstrations against the political and economic postures being pursued by the incumbent and his party. The incumbent designates that same day as a day to carry out a public lecture, to "teach" Malawians what it means to be nationalistic and sovereign. While the president carries on in this manner at the State House, adding more rage to the explosive demonstrations outside which are in fact protests against that very tendency of the incumbent of seeing himself as "all-knowing and infallible", police proceed to open live-ammunition fire on protesters in Mzuzu (the northern city) and Lilongwe (the capital). In total, 19 or more are gunned down with clear bullet injuries, and several more are injured in the clashes. The SADC meeting for that year meanwhile is due to occur just several days ahead (I don't exactly recall if it was weeks or a month or two ahead) of this violent confrontation between the State and the Public. At that meeting, while Malawians wait with baited breaths to hear SADC condemn the violence, no reference is made to that issue at all. Meanwhile, the AU is more concerned with trying to organize its fruitless (in my opinion useless) annual conference in Lilongwe. It designates a great deal of its energy towards ensuring the security of wanted man Al Bashir at that meeting in a grand stand against western imperialism and witch-hunting on African leaders through the organ of the ICC. Like the SADC, the AU is mum on the events in Malawi.
 
Now, as already mentioned, there is evidence that could cement the argument that indeed the ICC and other organizations only truly represent disguised modes of indirect control over African affairs - and indeed this post is not dismissive of that view. But what is more seriously at stake in my view is the "banding together" of two very distinct issues under the same banner of "resisting imperialism". The first issue is in fact the one that is immediately apparent to the so called regional blocs as well as the African Union and that is the continued interference of external actors in African politics. The second however, and of far greater implications, is the question as to whether Africans are in fact being governed in a manner that is truly representative of their interests and, put loosely and generally, if the political leadership is truly an accountable, transparent leadership of various African nationals. This second issue is often obliterated by the politically charged and "post-colonially" sentimental rhetoric of "here they come again to colonize us once more!", thereby turning the attention away from the more relevant question of "but did you Mr President indeed order the police to shoot down protesters on July 20, 2011 in Malawi?" or "did you Mr Al Bashir oversee the murders of hundreds of people in various villages and settlements during various times of your tenure as a Sudanese leader?"
 
We cannot band the two issues together. To do so is to effectively defeat justice and fairness in the entire political process. Regional bodies like SADC or the continental body of the AU should match their militancy towards the west with a militancy towards ensuring that while the west is kept out of African affairs, African leaders are bound to uphold the rights of their citizens in their various countries. It is quite shocking that after the deafening silences of the SADC and AU, the first people to comment on and condemn the violence that had happened in Malawi where AMNESTY international and later the British  Parliament. The former issued a strongly worded statement which was served on the establishment and aired in various media houses, the latter instituted a commission of inquiry to visit Malawi and to find out what had happened on July 20th to ensure that British aid was not being given to a government that was undermining certain aspects or conditions underpinning that reception of that aid. Now in this case, imperialistic or otherwise, when the regional and continental organizations have both failed to act on a matter pertinent to the rights and securities of citizens of a member country, would one blame the people of Malawi for seeking redress externally? It is in fact precisely this ineptitude on the part of our regional and continental bodies that facilitates western interference. Their negligence over the real matters of just governance and constitutionalism for some silly pursuit of "sovereignty" from an imperial other is in fact only a ploy by these bodies to protect the interests of their brotherhood of "excellences" that sows the very seeds of interference. An objective SADC and AU which dealt with the very real problems of brutal dictatorships and political massacres would more effectively preserve African independence as it would legitimize itself as a relevant body committed to the pursuit of political solutions in Africa.
 
At the national level, similar disconnects are rampant. In Malawi, under Mutharika, to be nationalist or a lover of one's country was to rally behind the president in a confrontational drive against the west, and an unquestioning attitude over the manner in which he decided to drive the national development agenda, period. Meanwhile the added functions of checking the president, ensuring that the constitution was adhered to, that the law is symmetrically applied, that all citizens are entitled to the same treatment under the constitutional order regardless of ethnicities, gender, race and others are all annulled and set aside. And so to stand up to the west becomes unnecessarily truncated automatically with standing down to tyranny and abuse. Meanwhile, my whole argument is that it does not necessarily need to go that far in the first place. Standing up to the West or in national solidarity need not automatically mean to be subservient to a leader. Africans can just as effectively maintain sovereignty within internally robust and transparent political processes. Sudan can be just as nationalist by standing up to Al Bashir and demanding that he keeps within his legal mandates. Malawi can and should call Joyce Banda to account even in the absence of British presence. And where citizens are disallowed that space, regional and continental bodies must champion the plight of the governed and not side with the tyrant or ailing leader. After all the right to rule is bestowed and therefore revocable by the public even more reasons that could be seen as flimsy or unjustified. But to defend a leader without an inquiry into the manner in which that leader governs as a mark of African-ness is to deny the people justice, and it is this tendency that continues to open our continent up to extremely pervasive forms of external interference.
 
In short, the soberness that would necessitate a turn-around in our politics requires major demystifications of so many political symbols that continue to only enable Africans to expect or to act in certain predictable fashions. Leaders should just be leaders, bound by the systems of the establishment and accountable to the people. Leaders should not be fathers or mothers, or Ngwazis or Nkhoswe's or other names that are embedded in symbolisms of "all knowing, infallible, defender, visionary etc". Such symbolism only serves to elevate them to a status that allows them the space to personalize an entire state, dragging it into their own self-interested ventures. How about leaders just became employees, without mysticism or other visions of grandeur. And how about we focus on our sovereignty as a measure of our felt growing freedoms to think, to participate, to suggest and question, to be equally protected by the state, and so on. How about SADC focuses on whether leaders in the SADC region truly adhere to the expectations of their citizens. How about the AU focus on whether Al Bashir indeed orchestrated those killings in a show of solidarity with the Sudanese people. Once we begin to do that, we not only begin to lay the basis for our own thriving African civilizations and our own versions of modernities but we also provide little room for the type of overt interference we see on this continent. But keep the political landscape as it is, and we leave floodgates open for all manner of interferences masked as interventions. And of course the inherent human condition of greed and opportunism twists up the already murky waters of African political development ever so intricately. We owe pragmatism to ourselves. Corruption is not the answer to imperialism.

Thursday, July 18, 2013

Conversations with Moses [Mphatso] by Khumbo Soko

 
Fumbo: who benefits from societal order?

Interesting thoughts…on the male control of the female body. Maybe to simply reduce the argument to ‘men controlling the woman’s body’ is to pay scanty attention to the other rather pervasive and equally important power players in society. Because when you think about it, our bodies, yes both male and female, are subject to some sort of societal strictures. It might as well be that the inhibitions placed on the female body are indeed more pronounced but it doesn’t change the fact that Society would ‘flog’ me if I paraded in my village square naked. So maybe we need to interrogate the basis of societal order. Who stands to benefit more from a well ordered society with conventions on even mundane matters like dressing? Where do we place political and religious interests in all this? Do I hear someone say that it is even patriarchy which stands behind these systems? But what of systems where females have traditionally been very important power brokers? Can we not say that they are also in that regard beneficiaries of a well ordered society of which the ‘control of the body’ is but an aspect? I would love to hear your thoughts on where the ‘man’ stands in a matrilineal set-up…My point is, at the end of the day, we might as well find ourselves concluding that in some instances it is the woman who controls the male body! Quite outlandish, huh?

Of “us” and “others”…

On this I fully concur with you and I have nothing useful to add. I posted on my FB wall a couple of weeks ago that the “‘There is no chewa, tumbuka, sena but Malawian’ is a refrain of dubious accuracy.” There is nothing objectionable with racial/ethnic [and whatever] diversity. Heck! There is nothing we can do about being born Tumbuka, Chewa,, black, brown etc is there? The problem arises when we use these differences to disentitle others and to favour our own. I have always told ‘northerners’ who agitate for cessation on the basis of discrimination that “ah just dare do that and you will soon see what will happen. After the cessation Tumbukas will start discriminating against ngondes and Tongas against lambyas and so on and so forth. Before we know it, every village will be its own country if the solution to ethnic discrimination will be cessation.” I would love to see how much this othering has set us backwards as a people. We compromise on putting the right people in the right places because they do not belong. We would rather an inept homeboy occupied the office. Poor us…

“At what precise pace should a black man walk to avoid suspicion?
 
I was watching Andersoon Cooper’s Townhall Meeting Special on Race & Justice in the US yesterday July 18, 2013. This whole Trayvon Martin travesty feels me with a great sense of frustration and anger. Let me start by acknowledging that it might as well be the case that the case, merely looked at from its “merits” was correctly decided. I believe it is the law in the US that if a jury entertains any doubt about the culpability of the accused, then it must resolve the same in his favour. In this case, we do have evidence that Zimmerman did in fact sustain some injuries on the material day. We also know that there was someone between the 2 of them who shouted for help. In other words there was some compelling evidence to suggest that in the minutes leading up to his fatality, Trayvon was in fact the aggressor. Now throw in Florida’s stand your ground law into the mix and you really have a hopeless case as a prosecution. After all, we must not allow ourselves to be blinded by our momentary anger to the fact that it is for the State to prove the guilt of an accused. The bar to clear is rather high in this regard. The evidence must be such as eliminates any reasonable doubt from the jury/court’s mind. That can hardly be said to have been the case in this case. Sadly, however, that’s not all that there is to the Trayvon travesty. The criminal justice system is not simply an assemblage of rules, procedures and system for enforcing a state’s penal laws. It also encompasses the unwritten attitudes of the people who run it, from the penal lawmaker through the cop who stops and frisks to a sentencing judge. It is informed by the policy objectives of any given polity. And it is not value free. And because we entrust it to human beings, they bring to it their prejudices and biases, both acknowledged and subconscious. Now it is a notorious fact that a young black man has got more chances of ending up in a penitentiary than he has of say a community college. If you are black, you are more likely to be stopped by the Police. You are more likely to be arrested. You are more likely to be shot by the Police and you are more likely to be at the receiving end of a long custodial sentence than would be the case if you were a white Defendant. Am saying nothing new here. These are well researched observations. Now this is the system that ‘processed’ Trayvon. You are right when you say that paper justice was served here. Zimmerman had his day in court and he carried it. But we all know better, don’t we? If Trayvon had been white and Zimmerman black….How I wish this was a Stephen Lawrence moment for the US. But somehow, I just have a depressing feeling it won’t be. Racism in the US is too institutionalized. It is a centuries-old machine that may never be fully dismantled. But that of course, is no excuse for failing to ask the tough questions.  Again I must agree with you that paper justice was served here. But we all know that the young man was screwed by the system…
 
Acknowledgements and other details
 
This entry was sourced from Khumbo Soko's blog at;
 
Visit his blog for more interesting perspectives on a variety of social, political, legal and even popular matters.

Tuesday, July 16, 2013

Politics of Sexuality, The "Color" of Evil, and the Treyvon - Zimmerman Case

Weird title indeed. Well as a disclaimer, this post will be made up on 3 distinct themes. The first will be about sexuality especially as it pertains to the politicization of the female body; the second will be on the distraction afforded by the racial "colors" that seem to underpin societal perceptions of evil; and lastly I will comment on the Zimmerman case which I think exposes the nexus between legality and justice, the former representing the procedural and in a way material standardizations brought about by law, and the latter, the ideal of justice whose definition can only be partisan amidst diversity and pluralism.
 
SEXUALITY AND FEMALE BODY
 
A vast amount of work has already been written around the politics of the female body - a body that has become the subject of the great violences of control. I wish to provide a rendition of similar analyses particularly with regard to Africa and how over time we have accepted an absurd mystification of the female body, ascribing to it the definition of oddity even pertaining to features of its natural design.
 
Presently, the female body is locked away and kept outside the public sphere underneath the comprehensive traditional attire and other kinds of clothing. The carrier of that body presents her face as the disembodied interface through which she engages with the male dominated public sphere. The female face is perhaps the only part of her body which is also constituted within the definitions pleasantness and beauty but which carries no connotations of nude [oddity] or "inappropriateness". The rest of her, particularly from the neck downwards is the object of control bound up in definitions of appropriateness.
 
This keeping out of the public domain of the female body does not only represent an oppression on the part of the female person but also affords the society with a basis upon which the exposure of that same body can attract physical and emotional harm which in those instances hides itself from the term "violence" behind the apparition of that regulated female body. Jointly, the society comes to view the act of violence as the result of the coming-to-the-fore of the female body which facilitated the occurrence of a disruption  in the prevailing social order. The fallacy is that controlling the female body is but one fundamental aspect of the various pillars of social organization and order. Hence the rampant arguments about how "loose" dressing is an affront to the cultural traditions of Africa; and hence an underminer of African social order.
 
The male body however continuously seeks to keep itself apolitical. By being apolitical, and deviating body politics towards the female body, the male body ascribes upon itself the neutrality that permits it to "naturally" venture into the ever expanding spaces of the social and political world. It therefore becomes only nature for men to explore, while it remains unnatural for women to be adventurous. With each new venture, discovery and enterprise,  the male body reserves to itself the right to be the first to experience it, categorize it and then pass it on to the politicalized female body as an already made and classified artefact. The female body's first task at best must be to overcome its own political "decorum" in order to fancy a shot at the new venture, discovery or enterprise. At worst, the female body amalgamates within its prescribed conventions with the conventions of the passed own artefact.
 
In some of the more apparent gestures of just how much violence the female body endures with regard to various social, political and economic avenues, the female body emerges naked to the public sphere selling razor-blades, sports cars, perfumes, exotic holiday resorts and other items that are considered to be of value by men, and therefore by women. These cases demonstrate a power nexus of control between the "wrapped up" female body and the public space. This is how it is done. Because of the established conventions that regulate how the female body is presented in the public eye, and the collective understanding that no appropriate woman would ordinarily "disclose" her body to that public eye; the naked bodies that accompany the advertisements of various items depict a powerful key in the hands of the men with the ability to unlock and make accessible that otherwise hidden female body. Also, it teaches women just what the keys to their bodies are, thereby instilling within them the fallacious value of exchange of social benefits for sexual access to her body. On the other hand, the woman whose body it is that has been unlocked is for that moment temporality excluded from condemnation. She is allowed to display her obtained freedom to all, including other women whose own bodies are locked up. This woman has been allowed access to the social, political and economic life dominated by men, and she has been granted her citizenship to that sphere by men themselves.
 
In the last instance, women go about life waiting to be liberated and set free by men through the things that men own, the money that men have, the power that men command, and the wealth that men amass. My solution to this huge atrocity on women is that their bodies be set free. That their bodies come to populate and fill up the public spaces. Once the regulations on the presentation of a the female body are broken, the accompanying commodification of those bodies will also be broken. Their bodies will become depoliticized, and avenues will likewise be available to them in the same manner in which such avenues are available to male bodies. Women would be misinformed to think that reverting to tighter controls embedded in traditions would serve to protect them from the sexual and other violences they are put under. I say the opposite is true. The more we see a de-regulation of the female body, the more we will see a de-politicization, and the more we will erase its accompanying violence.

SATRICALLY PUT: FREEDOM OF DRESS IS THEREFORE GOOD!!!
 
The Color of Evil
 
People have indeed visited great atrocities on others based on some imagined characteristics for othering. In much of Africa, colonialism othered on the basis of race. In Europe, perhaps it was on the basis of ideology, or ethnicity and even race itself. I am no professional in the subject matter of ethnicity, tribalism and racism but I do think that while various distinctions for othering do create "us-es" and "them-s" it also creates a false sense of rightness within those who become either the "us-es" or indeed the "them-s". This subtle distinction will be come clearer below.
 
When the "them-s" - that is, Africans - finally overcame their prior political conditions into eras of self rule, they very rapidly began to engage in state patronage, ethnically charged divide and rule postures, cultural and political hegemonization and outright authoritarianism. Now, the arguments prior to self-rule mostly centred around admonishments about "we are all humans and no one should be segregated on the basis of race, colour, gender or creed" and similar highly noble calls. However, step into government and with the "them-s" becoming the "us", the very features that constituted the marks of evil during the prior political organization become alright because "hey, it us our turn now" to enjoy.
 
It is in this sense that I largely feel that Africans after acquiring self-rule have failed to transcend the very obstacles that halted the colonial and apartheid projects. This is because, while the so-called "whites" where in power,  the evil they propagated towards the African was at once evil and good based and anchored around that fluid terminology of "them" and "us". Bad things were bad when they happened to "us" and were good and permissible when they happened to "them". And this posture has not changed in modern Africa in which various forms of "us" and "them" punctuate the entire political process. Corruption becomes okay for us to do it, but prosecutable when it is done by "them". Disobeying court orders is prudent for "us" and tolerable for "them" to do it. Or more emphatically, to dominate Africans is bad for the "Europeans - them" to do but okay for other "Africans - us" to do it, as was the case with Kamuzu Banda.
 
The problem with this simple distinction between "them" and "us" is that it reduces the African political process down to the status of the same people we called evil during our oppression. The devil is the devil whether or not he is working in your favour or in the favour of your imagined enemy. Unless we transcend this duality, we will remain as we are for the foreseeable feature.
 
Zimmerman: The Triumph of Law and the Crucifixion of Justice
 
Protests are running throughout some of the major cities of the United States due to the acquittal of Zimmerman who killed Treyvon on that fateful day. I have experienced family loss myself and so I have a sense of what the family is going through.
 
This case was interesting because it is hinged upon the very values that found the nation of the United States. The constitution of the United States and the manner in which it has been interpreted by congress and more especially by the Supreme Court largely approximates towards a vision in which "all rights not accorded to the States remain the rights of the citizens of the United States". And what this means is that the individual American as a citizen, while having duties to their country, is accorded the full protection of the law pertaining to matters of that individual citizens entitlements and rights. Such a posture also implies that the modalities by which justice could be arrived at can not be embedded in sentimentality but rather in the symmetrical and equitable application citizen rights and entitlements to all citizens of the United States. It raises the status of due procedure over sentiment and other grand visions of morality. After all, it is only precisely through this elevation of procedural equity that all citizens can at once be allowed very wide and expansive rights, too numerous to name or count.
 
In the Treyvon and Zimmerman case, the procedural processes of trial were observed; the court process was spot on in as far as such procedures were concerned. The court took into consideration all the evidence presented, and disregarded all the other suspicions as well as sentiments that were aloof. The jury deliberated, and arrived at the verdict of "not guilty". Some of my lawyer friends tell me that the prosecutors fielded a very poor case for Treyvon's family, and that the defense showed up with a superior argument and case. I too, having seen the various footage agree. But moreover, I particularly was more concerned with the possibility of a court of law issuing a verdict based on matters that were not presented as the material facts of the case in question, because to do so would be to invite a precedence in which the verdicts and judgements of the courts become the substance of vague and prejudicial visions of justness and justice.
 
While the Law is indeed an instrument through which we hope to arrive at justice, the most immediate function of the law is procedural fairness, and that means, the law and its procedures must be capable of being scrutinized, evaluated, and assessed. That is how fairness especially as it pertains to citizen rights can be ascertained. In this case, all such expectations are met, and a re-reading of the court procedures will show that all stipulations were indeed followed regardless of race, gender or creed. But by extension, it also means that where the facts or the evidences coming into the case are wanting, then legal fairness will not always translate into the provision of justice because to do would be to require the law to temporarily uphold the rights of one citizen and undermine those of another. Therefore, Americans are better off with a procedural system such as the one they have, than to call for a sentimentalist system which not only puts procedures and other standards of fairness into flux but also pushes out verdicts on the basis of sentiment that can not be assessed, accounted for and scrutinized because such as system would undermine the much touted citizen rights that Americans are already so proud of.
 
Treyvons death is a tragedy, and most likely he was murdered that day. To that effect, justice was denied to Treyvon and his family. But in as far as the Court system adhered to the procedural requirements of American law, then the case was a "disguised" triumph of that country's legal order. However, America would have to decide if what they want is procedural fairness or arbitrary justice.
 
Our prayers and thoughts however remain with Treyvon's family.

Shortly, I will post an article in which I discuss in more detail the problems with certain legal entitlements such as gun-ownership for instance, and the sorts of crimes that come before the courts following those legal entitlements. The conclusions will suggest interesting that the court process merely becomes a system of re-calibrating prior verdicts which are pre-issued and accorded to the perpetrating citizen once those laws and their entitlements are enacted. As such, the courts will only ever see typically a certain kind of criminal representation in their courtrooms, and therefore are more likely to issue out certain kinds of verdicts, the root cause of which are the priory enacted laws in the first place. But more next time.