Bodily rights and collective claims: the work of legal activists in interpreting reproductive and maternal rights in India

This article engages with anthropological approaches to the study of global human rights discourses around reproductive and maternal health in India. Whether couched in the language of human rights or of other social justice frameworks, different forms of claims‐making in India exist in tandem and correspond to particular traditions of activism and struggle. Universal reproductive rights language remains a discourse aimed at the state in India, where the primary purpose is to demand greater accountability in the domain of policy and governance. Outside of these spheres, other languages are strategically chosen by activists for their greater resonance in addressing individual cases of women claiming reproductive violence within the context of the family as well as localized histories of feminist struggle and social justice. In focusing on the work of legal activists and the discourses which inform their interventions, this article seeks to understand how the language of reproductive rights is used in the context of India, not as a `Western import' which is adapted to local contexts, but rather as one of multiple frameworks of claims‐making drawn upon by legal activists emerging from distinct histories of struggle for gender equality and social justice.     

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.     

‘I was celebrating the justice that the victims got’: exploring irreconciliation among Bangladeshi human rights activists in London

This essay investigates transnational human rights activist networks seeking justice for war crimes committed during the Bangladesh War of 1971, especially in light of the International Crimes Tribunal in Dhaka, Bangladesh. Focusing on activists in London, it demonstrates the need to engage with transitional justice initiatives discursively and ethnographically in order to avoid losing sight of the ways in which uses of human rights concepts can veil power dimensions through universalist legalistic abstractions. The essay explores engagements with atrocities of the war by mapping the travel and uses of human rights tropes to articulate claims of justice. It showcases how in addressing the violence of the Bangladesh War, victor justice and punishment are emphasized while futures are imagined in which enemies no longer exist. In the examples, a language of justice is employed to call for prosecution, but justice is reframed so that it is equated with the impossibility of reconciling people on opposing sides during the war.     

Suffering the Winds of Lhasa: Politicized Bodies, Human Rights, Cultural Difference, and Humanism in Tibet

Tibetan refugees and Western activists note that if universal human rights standards were enforced in China, Tibetans would suffer less and come closer to political independence. This article explores potential problems of universalism and individualism in human rights discourse by examining understandings of the body and suffering among Lhasa Tibetan women. Data are taken from accounts of political prisoners and women patients at Lhasa's traditional Tibetan medical hospital. The data suggest a collective subjectivity, based on ideas about karma and congruencies of body, mind, and society that contrast with those found in international human rights discourse. Tibetans are forced to adopt universalist and individualist positions to make their claims for human rights heard while ironically articulating ideas about suffering that would contest such universalist positions. The article proposes a need for alternative conceptualizations of human rights taken from Tibetan epistemologies of suffering, and illustrates the utility of medical anthropological inquiries about embodiment and subjectivity for addressing larger political debates about human rights. [Traditional Tibetan Medicine, Human Rights, Epistemology, Bodily Suffering]     

The moral status of the foetus: a reappraisal

Fleming reappraises the school of thought that attributes a limited moral standing to the fetus at a certain stage of development. She examines this "minimal rights position" (MRP) in detail, drawing primarily on the writings of Michael Tooley concerning rights, desires, and interests. The MRP consists of claims that, while the fetus does not have a right to life, it does acquire some minimal rights when it develops the capacity for consciousness and desires. Fleming argues that, because these claims are inconsistent and cannot be held conjointly, the framework upon which the MRP is based, while sound, does not in fact support the MRP. She proposes an alternative position on the moral status of the fetus that is consistent with the framework that she believes has been used erroneously to support the minimal rights position.     

The limits of post-national citizenship: European Muslims,human rights and the hijab

Innovative approaches to citizenship emerged in the 1990s. Post-national theory suggested that European minorities no longer needed national citizenship because supra-national political structures such as the European Court of Human Rights (ECtHR) offered them protections. Denationalized citizenship held that universal human rights were now available at the national level too as the Council of Europe's member countries had to incorporate human rights principles within their own jurisdictions. New forms of claims-making among European Muslims were cited as evidence of this trend as religious claims, especially relating to the hijab, began to be made through human rights litigation. This paper demonstrates the limits of post-nationalism through a discussion of the outcomes of such claims. While European Muslims are indeed mobilizing around human rights, there is no evidence – at the level of litigation – that this has helped them to win recognition of their religious or cultural rights. This paper explores the reasons for this.     

Righting the Wrongs: Contesting Water Property Rights in Southern Ethiopia

Resolution of disputes and investigation of institutions that have attempted to right the wrongs (some of which have persisted for centuries) regarding pastoralists’ property rights over indigenous water sources in East Africa have rarely been the subject of formal study. Using a framework of water property rights, hereafter konfi, we report on contestations over rights to the ancient tula wells in southern Ethiopia, some of which have been in operation for more than 500 years. Unlike grazing lands, which are communal resources, wells are private properties managed by corporate clan members. We reconstructed the history of contests over property rights to 64 wells and found that some contests over konfi have remained unresolved for many generations. Only a small percentage (20%) of the wells have no history of disputes over property rights. The resolution of disputes relies on the principal tenet of the non-transferability of konfi property rights, except in the case of the family of the ancestral konfi dying out. Contestants are expected to reconstruct how they lost the konfi in the first place. The Borana tend to discourage contests over wells through the long duration of investigations, as well as myths associated with false claims that appeared to result in deaths among the claimants.     

Beyond ‘Riot Porn’: Protest Video and the Production of Unruly Subjects

From the globalization protests of the previous decade to the more recent Occupy Movement, activists have embraced the use of digital video. Many appropriations of the technology, including those by human rights advocates, rest on the theory that ‘seeing is believing’ and understand video to be uniquely suited to forms of truth telling such as witnessing, documenting and reporting. While I encountered such realist uses of video during fieldwork with direct action movements in the former Yugoslavia, activists are also preoccupied with videos depicting the most physical confrontations with the police, videos they sometimes referred to as ‘riot porn’. They engage these videos for the sensory, affective and bodily experiences they facilitate. Indeed, activist practices around and claims for video indicate that they understand video as a technology of the self, using it to forge emotional relationships with activists elsewhere, steel themselves for physical confrontation and cultivate new political desires.     

Introduction to "Anthropology and Human Rights in a New Key"

In this "In Focus" introduction, I begin by offering an overview of anthropology's engagements with human rights following the American Anthropological Association's (AAA) 1947 "Statement on Human Rights." After offering a rereading of the Statement, I describe the two major anthropological orientations to human rights that emerged in the 1980s and 1990s, following several decades of relative disengagement. Finally, I locate the articles in relation to this history and indicate how, when taken as a whole, they express a new key or register within which human rights can be studied, critiqued, and advanced through anthropological forms of knowledge. This "In Focus" is in part an argument for an essentially ecumenical anthropology of human rights, one that can tolerate, and indeed encourage, approaches that are both fundamentally critical of contemporary human rights regimes and politically or ethically committed to these same regimes.     

Rights and responsibilities in rural South Africa: implications for gender,generation, and personhood

In the rural Eastern Cape, South Africa, contests over the meaning and merit of human rights feature prominently in intergenerational and intergendered conflicts. In this article I identify and analyse a tension between amalungelo (a socially embedded and relational form of rights) and irhayti (a Xhosaization of the English ‘[human] right’) as a means of exploring the interpersonal tensions that arise through the production and contestation of the subject positions that human rights set in motion. Using the examples of elders’ complaints of neglect, and of young men's accusations of human rights violations on the part of women, I ground this investigation in men's and elders’ explanations of how human rights enable morally reprehensible actions, and are implicated in what they perceive to be a climate of interpersonal neglect. In analysing these claims, I show that gendered and generational conflict in this region is grounded in uncertainty about the content of gendered and generational subject positions themselves, and speaks to the relative moral value of autonomous versus relational forms of personhood. Moreover, I show that where inequality and interdependence are intrinsic to the ways in which gendered and generational subject positions are constituted and understood, human rights serve both to destabilize the content of these subject positions in ways that render appropriate gendered and generational sociality unclear, and also to bring into question the relative moral value of autonomous versus more relational forms of personhood.     

A "Consumer's Right" to Choose a Midwife: Shifting Meanings for Reproductive Rights under Neoliberalism

The "right to choose" has long served as the ideological rallying cry for reproductive rights activists. Yet critical attention to the social, political, and economic conditions under which individuals make such choices has been central to anthropological research on reproduction. In the context of neoliberal public policy shifts that favor trust in the market to remedy all social and economic inequality, I explore how women's reproductive rights are becoming characterized by one's ability to consume uneven reproductive "choices." Based on my ethnographic fieldwork with midwifery supporters in Virginia, I examine how organizers have begun to utilize "consumer rights" rhetoric in their struggle for legal access to midwives. One often-unintended result has been intensified divisions within this movement, particularly as low-income "homebirthers" feel unable to claim the identity of "consumer." I use Virginia as a case study to raise broader questions about women's shifting strategies toward securing reproductive rights under neoliberalism.     

Acts and practices of citizenship: Muslim women’s activism in the UK

Drawing on the growing literature on Muslim women’s activism, this paper explores grammars of action that frame political mobilizations of Muslim women in the UK. By taking a broad view of political activism, we identify acts and practices of citizenship through which Muslim women activists engage with, reinterpret and challenge social norms. The article critically engages with dominant readings of post-migration minorities’ political mobilization through the lens of citizenship regimes and draws attention to more processual and agency-centred perspectives on citizenship. We focus on two salient themes that Bristol-based Muslim activists were concerned with: mobilizing against violence against women, manifested in the anti-FGM campaign by Integrate Bristol, and attempts to re-negotiate the terms of participation in religious spaces, manifested in claims for more inclusive mosques. In both instances, mobilization was not confined to the local community or national level, but supported by and embedded in related transnational struggles.     

Transnational cyberpublics: new political spaces for labour migrants in Asia

This article offers a cultural interpretation of transnational solidarities that Asian political activists are generating through electronic telecommunications networks. Its focus is on the experiences of the Migrant Forum in Asia [MFA], a network of non-government organizations that question issues of human rights, citizenship and working conditions of labour migrants in the Asian region. MFA's networking activities are being transformed as email enables daily conversations across multiple national borders, and new 'imagined' communities of political action have emerged. English has been chosen as the language of solidarity, and photographs have become important in communicating activities and ideas. These media are innovative modes of transnational communication and shape political spaces that exist in symbiotic relation to the 'real'. Attention to these practices, spaces and the symbolic meanings activists attach to these communities helps to illuminate a cultural politics of transnational activism in this region.     

Animal rights activists' representations of animals and animal rights: An exploratory study

Abstract

During the last 30 years, supporters of the animal rights movement have questioned the use of animals for human benefit and have campaigned for improvements in their welfare. In the present study, activists' representations of animals and animal rights were investigated by interviewing 23 participants (from three animal welfare and animal rights organizations) during four focus-group discussions. Results show that the activists' representations were generated from the love/pain thema, which on the one hand showed the compassion and love the activists have for animals, and on the other hand the suffering that animals can endure. Moreover, differences were found in this study in the way that members of the three animal welfare and rights organizations constructed their views of animals. While members of two out of the three organizations aimed to protect abandoned animals, members of the Anti-Vivisection League faced the contradictions within the human–animal relationship and endorsed a more coherent approach to animals. These findings are interpreted in light of previous studies conducted on the animal rights movement and of recent developments in social representation theory.     

Ravished Armenia: Visual Media, Humanitarian Advocacy, and the Formation of Witnessing Publics

Discourses around human rights frequently treat media as transparent delivery systems for testimony and spectacles of atrocity. Such views detract from the degree to which media circuits shape human rights claims, in which aesthetic strategies transform a vast and distant horror into sympathetic cause, and systems of exhibition channel sentiment into action. This article's study of Ravished Armenia and the early film advocacy of Near East Relief in the Armenian case yields not only the contributions of media to claims-making process and humanitarian action but also Christian underpinnings of human rights movements. The evangelical legacy produced missions that provided the transnational infrastructure for sharing visual testimony and administering aid and offered an instrumental iconography of suffering that shaped an early "rights imaginary."     

Searching for Guarantees in the Midst of Uncertainty: Negotiating Aboriginal Rights and Title in British Columbia

In this article, I analyze the concern over the concept of "certainty" in relation to Aboriginal rights, treaties, and economic prosperity in the province of British Columbia, Canada. In the context of treaty negotiations in British Columbia, certainty requires that the Aboriginal rights of a First Nation be legally transformed into a set of treaty rights. This transformation moves these rights from a state of "uncertainty" to a state in which they are "certain," and is said to encourage investment in resource industries like forestry and mining. I argue that treaty negotiations are a form of governmentality that helps regulate a population, mediates between Aboriginal-rights claims and the demands of global capital, and produces effects of state sovereignty. I also argue that the focus on undefined Aboriginal rights as the source of economic uncertainty fails to acknowledge the lack of certainty inherent within capitalism.     

Transnational Human Rights and Local Activism: Mapping the Middle

How do transnational ideas such as human rights approaches to violence against women become meaningful in local social settings? How do they move across the gap between a cosmopolitan awareness of human rights and local sociocultural understandings of gender and family? Intermediaries such as community leaders, nongovernmental organization participants, and social movement activists play a critical role in translating ideas from the global arena down and from local arenas up. These are people who understand both the worlds of transnational human rights and local cultural practices and who can look both ways. They are powerful in that they serve as knowledge brokers between culturally distinct social worlds, but they are also vulnerable to manipulation and subversion by states and communities. In this article, I theorize the process of translation and argue that anthropological analysis of translators helps to explain how human rights ideas and interventions circulate around the world and transform social life.     

Irreconciliation as practice: resisting impunity and closure in Argentina

In Argentina, irreconciliation is created through everyday practices of vigilance against closure and collective struggles against impunity. In this essay, I show how over several decades since the fall of the dictatorial regime (1976-83), human rights activists and laypeople have devised ways to keep the past alive while attending to injustices through embodied collective engagements with the country's history and its legacies. By examining large protests, the everyday experiences of impunity, and a filmic exploration of kinship bonds and their entanglement with civilian complicity in the repression, the essay illustrates the ways in which irreconciliation is materialized and enacted as a form of social reconstruction many years after state terrorism.     

Locating the post-national activist: migration rights,civil society and the practice of post-nationalism

Theorists of post-nationalism examine the (re)configuration of national identity, membership and rights. Yet while normative scholarship has conceptualized post-nationalism as an ongoing practice of discursive contestation over the role of national group membership in liberal democratic societies, more empirical studies have tended to overlook these features to predominantly focus instead on top-down legal and political institution-building as evidence of post-nationalism. In this article I argue in favour of an empirical conceptualization of post-nationalism which more effectively captures micro-level practices of discursive contestation. Specifically I posit that post-national activists, or actors engaging in post-national practices of contestation from within the state, are a key focus of analysis for scholars of post-nationalism. I develop this claim through the analysis of data collected with individuals working on civil society campaigns for migration rights in Europe, Australia and the USA who – I demonstrate – embody many of the characteristics of the post-national activist.