Afterword to "Anthropology and Human Rights in a New Key": The Social Life of Human Rights

In this article, I argue for an ethnographic approach to human rights that recognizes the plural and fragmentary nature of the international rights regime and the ideological promiscuity of rights talk. Instead of determining in advance the social or political character of rights, anthropologists could profitably draw from the insights of early-20th-century "legal realists" and look closely at the underlying assumptions and hidden practices of political and legal processes. Studying the "social life of human rights" would involve focusing on, inter alia, the performative dimensions of human rights, the dynamics of social mobilization, and the attitudinal changes of elite and nonelite social actors towards formulations of "rights" and "justice," both inside and outside the legal process. I conclude with a review of recent anthropological research on human rights epistemology and evaluate its implications for human rights policy.     

Culture and Rights after Culture and Rights

Building on a critical, theoretical approach outlined in Culture and Rights: Anthropological Perspectives (Cowan et al. 2001a), I posit rights processes as complex and contradictory: Both enabling and constraining, they produce new subjectivities and social relations and entail unintended consequences. To encourage interdisciplinary engagement on these themes, I explore selected texts that consider the relationship between culture and rights, addressing two literatures: (1) debates on culture, rights, and recognition in the context of multiculturalism among political philosophers and (2) an emerging literature by anthropologists, feminists, critical legal scholars, and engaged practitioners analyzing empirical cases. Although political philosophers elucidate ethical implications and clarify political projects, an outmoded arsenal of theoretical concepts of "culture,""society," and "the individual" has hampered their debates. When accounts are both theoretically informed and empirically grounded, contradictions, ambiguities, and impasses of culture and rights are more fully explored and the liberal model of rights and multiculturalism is more open to interrogation.     

'Undoubtedly an expert'? Anthropologists in British asylum courts

Many British social anthropologists have been asked in recent years to provide expert evidence for use in legal appeals by asylum seekers. This article describes the administrative and legal decision-making procedures to which asylum claims are subject. It considers how the courts respond to 'objective evidence' from 'country experts' such as anthropologists, comparing this to legal approaches to evidence from medical experts. The problems which arise – especially in relation to the key issue of an asylum seeker's 'credibility'– are analysed with reference to diverse forms of reasoning among social scientists and lawyers, and their different understandings as to the nature of 'fact' and 'truth'.     

Giving Voice to Children's Voices: Practices and Problems, Pitfalls and Potentials

In this article, I explore the lessons that the anthropological debates of the 1980s about writing culture might have for contemporary childhood research within anthropology and the social sciences more generally. I argue that the current rhetoric about "giving voice to children," commonplace both inside and outside the academy, poses a threat to the future of childhood research because it masks a number of important conceptual and epistemological problems. In particular, these relate to questions of representation, issues of authenticity, the diversity of children's experiences, and children's participation in research, all of which need to be addressed by anthropologists in their own research practices with children. Unless anthropologists do so, childhood research risks becoming marginalized once more and will fail to provide an arena within which children are seen as social actors who can provide a unique perspective on the social world about matters that concern them as children.     

Resituating the Place of Educational Discourse in Anthropology

This critical essay examines the place of educational discourse in contemporary anthropology. I address the growing influence of "cultural studies" frameworks in anthropology—especially in research on popular culture, media, and identity—and the corresponding neglect of specifically educational discourses and practices, in and out of schools. To illustrate, I briefly examine recent research by four noted cultural anthropologists who mention the effects of schools at their field sites but pay insufficient attention to complex educational discourses and practices. Then I address the reasons why most contemporary anthropologists outside the subfield of "anthropology of education" ignore or downplay the role of modern schools in structuring identities and power relations, both locally and globally. I end with a programmatic synthesis: to recognize and account for the continuing power of schools in most contemporary ethnographic sites, even as we broaden our vision of "education" and extend our analytic tools well beyond schools. This resituating of educational discourse in anthropology might accomplish two important things. First, it could arrest the trend toward subfield specialization and provide a more unifying research program. Second, it would promote anthropology's renewed engagement with some of the most pressing problems of democracy and public policy, fostering an organic link between our multiple roles as teachers, researchers, and institutional actors, [education, identity, cultural studies, ethnographyJ     

Legal Rights in Human Bodies, Body Parts and Tissue

This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies.

Anthropology,human rights and justice

Anthropologists have a special obligation to promote the human rights of the peoples they study. This paper discusses various ways anthropologists can meet that obligation by working with various United Nations and regional intergovernmental human rights convention committees, their own state government's human rights and humanitarian affairs commissions, and human rights non-governmental organizations.     

Ideologies of Language: Some Reflections on Language and U.S. Law

I present two U.S. court cases in which I participated as a linguistic anthropological "expert" to show how language ideologies of the law both influence legal outcomes and conflict with "scientific" ideas about language. One case was the murder trial of a young Mixtec-speaking Indian from Oaxaca; the other was a civil suit brought by four Hispanic women dismissed from an elder-care center for speaking Spanish on the job. I identify in the linguistic ideologies of both cases a principle of "referential transparency" that takes the essential business of words, regardless of the linguistic code, to be communicating propositional information. In the second case, 1 describe a further notion of "linguistic paranoia" in which speaking a language other than English is taken as inherently insulting or threatening. I relate these implicit ideological threads to the legal outcomes, to the restricted notions of potential "language rights" that might emerge from such ideologies, and to the clash between theoretical and judicial perspectives on language. [Keywords: U.S. law, language rights, linguistic ideology, expert witnesses, linguistic anthropology]     

"The Vulgar Spirit of Blogging": On Language, Culture, and Power in Persian Weblogestan

This article is an ethnographic study of Persian-language weblogs (blogs), focusing on a divisive argument among Iranian bloggers that came to be known as the "vulgarity debate." Sparked by a controversial blogger who ridiculed assertions that Islam was compatible with human rights, the debate revolved around the claim that blogging had a "vulgar spirit" that made it easy for everything from standards of writing to principles of logical reasoning to be undermined. My study focuses primarily on the linguistic side of the controversy: I analyze blogging as an emergent speech genre and identify the structural features and social interactions that make this genre seem "vulgar." I also examine the controversy as a confrontation between bloggers with unequal access to cultural capital and a struggle over "intellectualist" hegemony. In the conclusion, I use the construct of "deep play" to weave together multiple layers of structure, explanation, and meaning in the debate.     

"Strong Women" and "Pretty Girls": Self-Provisioning, Gender, and Class Identity in Rural Galicia (Spain)

In this article I examine expressions of class and gender identity in a worker-peasant community in rural Galicia (Spain). While men who have worked for decades in migrant destinations define their own class positionality partly through reference to the unpaid, subsistence work that is performed mainly by women who remain in the community, these same women adeptly "code switch" between "strong woman" and '"pretty girl" demeanors through their work activities, dress, and use of domestic spaces. Using the example of ethnographic data from this one part of rural Europe, 1 argue for the broader importance of anthropologists considering how laboring bodies become gendered; the intersections between gender and class identities; and connections among mixed livelihood strategies, the continuity of self-provisioning activities, and resistance to fully commoditized consumption. [Key words: class and gender identity, Galicia, Spain, unpaid provisioning work, consumption]     

Human Rights and Broken Cisterns: Counterpublic Christianity and Rights-based Discourse in Contemporary England

Although human rights are often framed as the result of centuries of Western Christian thought, many English evangelicals are wary of the U.K.’s recent embrace of rights-based law. Yet this wariness does not preclude their use of human rights instruments in the courts. Drawing upon fieldwork with Christian lobbyists and lawyers in London, I argue that evangelical activists instrumentalise rights-based law so as to undermine the universalist claims on which they rest. By constructing themselves as a marginalised counterpublic whose rights are frequently ‘trumped’ by the competing claims of others, they hope to convince their fellow Britons that a society built upon the logic of equal rights cannot hope to deliver the human flourishing it promises. Given the salience of contemporary political conservatism, I call for further ethnographic research into counterpublic movements, and offer my interlocutors’ instrumentalisation of human rights as a critique of the inconsistencies of secular law.     

Anthropology,Politics and the Changing World of Aboriginal Australians

Essentialism has become a fundament of Aboriginal activism in modern Australia, with the result that informed, first-hand empirical observations of anthropologists who chronicle the deterioration of life in many Australian Aboriginal communities tend not to be taken seriously simply because their authors are not ethnically ‘Aboriginal’. This problem has contributed to a relative absence of analysis of the economic history of Aboriginal Australians, fostering instead an approach that prioritises the political and cultural rights of indigenous people above the kinds of life-enhancing circumstances that are necessary for them to participate in the economy and create wealth. This kind of essentialism has also resulted in a disregard for the rights of indigenous people as individuals, rather than as communities seeking self-determination, especially with regard to the rights of women and children. The work of Professor Ronald M. Berndt and Dr Catherine Berndt should serve as an example for today's anthropologists in encouraging broader expert participation in debates on indigenous disadvantage, despite the threat of admonishment or criticism by Aboriginal rights activists wielding the weapon of racial priority or essentialism.     

Anthropologists,Lawyers and Native Title Cases in Australia

An important issue arising in native title cases heard by the Federal Court of Australia is the role played by expert evidence, in particular, expert anthropological evidence. We argue that, because the claimants' evidence tends to deal with concepts and experiences unfamiliar to lawyers and judges involved in a case, anthropologists, drawing on their specialised skills and experience, can contribute to both the mediation and litigation of the case in a number of ways. We also call for improvements to the way anthropological evidence is put before the Court, and argue that a number of initiatives now being implemented do assist in making best use of expert anthropological evidence. One such initiative is the compulsory conference of experts, which has already been used in five matters around Australia. This conference, from which lawyers are usually excluded, is convened by a Court Registrar. It can assist in identifying and clarifying areas of dispute amongst experts, in focusing the parties on key aspects of the case at an early stage, and in improving the strengths of, and general manner of running, each party's case.     

The Limits of Authenticity in Vietnamese Consumer Markets

In this article, I address the saliency of the concept of "authenticity" in contexts of international law and anthropological inquiry. Using my research findings in Ho Chi Minh City (HCMC), Vietnam, I show that although Vietnamese shoppers distinguish between what they term real and fake goods, they do not share with foreign corporations and international trade organizations a preoccupation with product and brand authenticity. To make this point, I describe four types of goods—model goods, mimic goods, real goods, and fake goods—employed by shoppers in HCMC, and discuss why they have little in common with notions of "authenticity" and "ownership" inherent in international standards of intellectual property. I argue that these conceptual differences in the commercial sphere challenge claims about the universal applicability of intellectual property rights laws and also encourage anthropologists to ask whether authenticity is always a useful tool of cross-cultural understanding.     

Maori hapuu and their History

Current research by historians and lawyers in Maori land and fisheries claims is broaching issues of Maori kinship calling for renewed social anthropological research. In this essay I review the history of social anthropological research in Maori kinship through 1975, a lapse in this research until the late 1980s, and a recent revival. A central problem of this research has been the conceptualisation of Maori hapuu (‘subtribes’) or cognatic descent groups. A critique of the recent analyses suggests that the early failure of social anthropologists to understand hapuu in historical context continues, although in different theoretical forms. The burgeoning research by historians and lawyers, while lacking fundamental anthropological insights, suggests that hapuu cannot be separated from their specific history.     

A Fifty-Year Perspective on the Indian Reorganization Act

The achievement of John Collier, commissioner of Indian Affairs under Franklin Delano Roosevelt and father of the Indian Reorganization Act (IRA), has been increasingly ignored or denigrated by the anthropological profession, upon whose advice Collier relied to reverse the nation's Indian policy and resuscitate the inherent powers of Indian tribes. I assert that but for the IRA, Indian tribal governments would probably not exist today. I also attempt to refute those critics who assert (1) that the U.S. government imposed elective systems on the Indians against their will; (2) that even though Indian voters may have voted to accept the IRA, the vast majority indicated their rejection of the act by not voting at all; (3) that IRA governments are "puppet" governments; and (4) that Indians have lost independence and freedom as a result of the IRA. The tribal structures created or revived by the IRA are now vigorous and growing in power and authority, and I postulate that with the growth among anthropologists of a "resistance model" of Indian. White relations and the gradual repudiation of the assimilationist model held by most anthropologists 50 years ago, Collier's policy of locating tribal autonomy within the federal system of government rather than in resistance to it came to be seen as a "cop-out" by anthropologists who failed to realize that without the policy Indian tribal governments would probably soon have ceased to exist.     

GLOBALIZATION, HUMAN RIGHTS, AND THE SOCIAL DETERMINANTS OF HEALTH

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health.     

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico‐Legal Perspective

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico‐legal conceptual analogues for human rights and communal responsibility, ?uqūq al‐’ibād and far? al‐kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico‐legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico‐legal values might inform the discursive outputs of Muslim organizations.     

Terrorism in Native America: Interrogating the Past, Examining the Present, and Constructing a Liberatory Future

Drawing on Critical Race Theory, I examine the concept and practice of terrorism as it has been imposed on Native Americans by the United States government and its agents, and provide two concrete examples of terrorism. For anthropologists, this article amplifies the "voice" of the historical Other, describing terrorism from an emic perspective. For educators and educational anthropologists, I argue that we must critically examine issues of power and media portrayals of terrorism and terrorists in order to engage students in liberatory education.