‘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.     

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.     

Reconciliation and Revenge in Post-Apartheid South Africa. Rethinking Legal Pluralism and Human Rights

Human rights are a central element in the new governmental project in the new South Africa, and this article traces some of the specific forms of connection and disconnection between notions of justice found in townships of the Vaal and rights discourses as articulated by the Truth and Reconciliation Commission. The introduction of human rights in post-apartheid South Africa has had varied social effects. Religious values and human rights discourse have converged on the notion of reconciliation on the basis of shared value orientations and institutional structures. There are clear divergences, however, between human rights ideas and the notions of justice expressed in local lekgotla, or township courts, which emphasize punishment and retribution. The article concludes that the plurality of legal orders in South Africa results not from systemic relations between law and society but from multiple forms of social action seeking to alter the direction of social change in the area of justice within the context of the nation-building project of the post-apartheid state.     

Frozen embryos, genetic information and reproductive rights

Recent ethical and legal challenges have arisen concerning the rights of individuals over their IVF embryos, leading to questions about how, when the wishes of parents regarding their embryos conflict, such situations ought to be resolved. A notion commonly invoked in relation to frozen embryo disputes is that of reproductive rights: a right to have (or not to have) children. This has sometimes been interpreted to mean a right to have, or not to have, one's own genetic children. But can such rights legitimately be asserted to give rise to claims over embryos? We examine the question of property in genetic material as applied to gametes and embryos, and whether rights over genetic information extend to grant control over IVF embryos. In particular we consider the purported right not to have one's own genetically related children from a property‐based perspective. We argue that even if we concede that such (property) rights do exist, those rights become limited in scope and application upon engaging in reproduction. We want to show that once an IVF embryo is created for the purpose of reproduction, any right not to have genetically‐related children that may be based in property rights over genetic information is ceded. There is thus no right to prevent one's IVF embryos from being brought to birth on the basis of a right to avoid having one's own genetic children. Although there may be reproductive rights over gametes and embryos, these are not grounded in genetic information.     

Unsettling Power: Domestic Violence,Gender Politics,and Struggles over Sovereignty in Ghana

This article provides a new lens for analyzing power formations in human rights practices by examining Ghanaian struggles over a Domestic Violence Bill. While the hegemonic character of human rights advocacy is well-established, we know less about exercises of power in discourses and practices that oppose rights. I analyze how the Ghanaian government constructed the discourse of cultural sovereignty and deployed it against women's rights. The government legitimated this discourse by appropriating the voice of ‘the people’ and superimposing notions of ‘foreignness’ onto both the Bill and Ghanaian women's rights activists. Drawing on the historiography of colonialism and ethnography of political performance, I argue that this case illustrates how the discourse of cultural sovereignty is mobilized in a struggle over shifting configurations of gender, political activism, and state sovereignty.     

Radical responses to neoliberalism: immigrant rights in the global era

Contemporary debate about immigrants provides an opportunity to expand the conversation about race and class. Immigrants in the US complicate racial categories and class formation, putting them in flux, while simultaneously opening possibilities to address historical and contemporary racial and social inequalities. Migrants affect class relations within and across borders, contributing to the conversation and activity around global justice. The convergence of the immigrant rights struggle with the global justice movement has furthered strategies that do both—confront racism and class oppression.     

Nature,Work and ‘the Environment’: Contesting Sentiments and Identities in the Southwest of Western Australia

Contesting discourses about natural resource development present a rich arena for ethnographic investigation. This paper focuses on interviews with environmental activists and forest industry defenders to document a struggle over the meaning of land, work and nature in the southwest of Western Australia. While Green activists condemn what they regard as crimes against nature, this moral challenge to rural communities from urban-based environmentalism is inverted by those working in the industry, such that local cultural practices are celebrated in the face of what is seen as emotional and non-scientific rhetoric. Conflicts about resource development are thus driven in significant respects by identity politics. The paper argues for the importance of cultural analysis, focused particularly on concepts of identity and ‘place’, in the study of contesting moral claims about what should be done with ‘the environment’.     

Wishful performativity: translation and the linguistic structures of a stalled rights imaginary in Mae Sot,Thailand

From the perspective of a legal aid clinic that works with foreign workers in Mae Sot, Thailand, this article explores how the project of extending legal rights to migrants is structured by tensions between the ideals of translation – what translation should be, who ought to conduct it, and how its efficacy might be imagined – and the various ways in which translation actually occurs. Analysis of these tensions reveals three aspects of the linguistic mediation of rights discourse: first, it speaks to the foundational limits of rights advocacy, underscoring the fact that these limits are located in the materiality of human communicative practice; second, it brings to light the specific linguistic structures of rights discourse in Mae Sot; and, third, it considers how, despite the best efforts of legal activists, those structures circumscribe liberal rights imaginaries in the town.     

The Social Life of Rights: ‘Gender Antagonism’, Modernity and Raet in Vanuatu

In the northern Vanuatu town of Luganville a small group of men have responded to social and legal changes engendered by women's rights activists by forming a male support group called ‘Violence Against Men’. Members of this ‘backlash’ movement argue that the insidious promotion of Western‐style ‘women's rights’ is leading to discrimination against men in divorce proceedings, child custody battles, and in domestic violence and rape cases. They directly oppose recent and ongoing legal changes aimed at protecting women from domestic violence, such as Domestic Violence Protection Court Orders, and the repeatedly tabled (but long‐delayed) ‘Family Protection Bill’. Such interventions, they argue, undermine Vanuatu's ‘natural’kastom and Christian patriarchal gender order and, in doing so, pose a serious threat to the socio‐economic productivity of the nation‐state. For other men, however, rather than opposing women's rights activism, such challenges have raised questions about how men might successfully negotiate their identities in ways that are sensitive to contemporary issues of gender equality without undermining existing paradigms. Thus, this paper addresses the value accorded to universalism and relativism in gender activism in Vanuatu, and especially in terms of the linked discourses of kastom, church and modernity. It therefore explores gender relations in terms of the contemporary entanglement of indigenous and exogenous epistemologies, and in doing so argues that the contextual analysis of ‘rights’ should consider the specific historical, political and socio‐cultural circumstances in which they are put to use.     

Christianity,cultural change and the negotiation of rights in land and sea

Various aspects of Christian belief and practice have been documented as significant across Aboriginal Australia. In recent years, many communities have been involved in seeking to achieve traditional rights in land and sea as recognised in Australian law. Asserting and proving these rights entails demonstrating continuity of traditional law and custom since the establishment of British sovereignty. While legal discourse indicates that this does not exclude cultural change, law and custom must continue to derive from pre‐sovereignty traditions. This article addresses the extent to which Christian belief and practice have been articulated and researched in applied anthropological work, against the background of relevant academic studies. If a sophisticated theory of cultural change and continuity is germane to researching land claims and native title, what is the significance of Christian syncretism in Aboriginal relations with place and the inheritance of ancestral connections to ‘country’? Several case studies are examined.     

Designing humans: A human rights approach

Advances in genomic technologies such as CRISPR‐Cas9, mitochondrial replacement techniques, and in vitro gametogenesis may soon give us more precise and efficient tools to have children with certain traits such as beauty, intelligence, and athleticism. In this paper, I propose a new approach to the ethics of reproductive genetic engineering, a human rights approach. This approach relies on two claims that have certain, independent plausibility: (a) human beings have equal moral status, and (b) human beings have human rights to the fundamental conditions for pursuing a good life. I first argue that the human rights approach gives us a lower bound of when reproductive genetic engineering would be permissible. I then compare this approach with other approaches such as the libertarian, perfectionist, and life worth living approaches. Against these approaches, I argue that the human rights approach offers a novel, and more plausible, way of assessing the ethics of reproductive genetic engineering.     

Reproductive justice: Non-interference or non-domination?

The reproductive justice movement started by black women’s rights activists made its way into the academic literature as an intersectional approach to women’s reproductive autonomy. While there are many scholars who now employ the term ‘reproductive justice’ in their research, few have taken up the task of explaining what ‘justice’ entails in reproductive justice. In this paper I take up part of this work and attempt to clarify the relevant kind of freedom an adequate theory of reproductive justice would postulate. To do so, I compare two approaches to reproductive freedom: an approach based on freedom as non-interference and an approach based on freedom as non-domination. I then argue that the non-domination approach better fits the ideals of the reproductive justice movement as set forth by its founders and should be treated as one of the necessary conditions in any non-ideal account of reproductive justice. Towards the end, I single out epistemic non-domination as crucial in shaping the narrative around reproductive justice.     

Mestizaje and Law Making in Indigenous Identity Formation in Northeastern Brazil: "After the Conflict Came the History"

In this article, I explore issues of authenticity, legal discourse, and local requirements of belonging by considering the recent surge of indigenous recognitions in northeastern Brazil. I investigate how race and ethnicity are implicated in the recognition process in Brazil on the basis of an analysis of a successful struggle for indigenous identity and access to land by a group of mixed-race, visibly, African-descended rural workers. I propose that the debate over mestizaje (ethnoracial and cultural mixing) in the Spanish-speaking countries of Latin America can be reconfigured and clarified by broadening it to include such Brazilian experiences. I argue that the interaction between two processes—law making and indigenous identity formation—is crucial to understanding how the notion of "mixed heritage" is both reinforced and disentangled. As such, this article is an illustration of the role of legal discourse in the constitution of indigenous identities and it introduces northeastern Brazil into the global discussion of law, indigenous rights, and claims to citizenship.     

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.     

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.     

Culture,Conflict, and Translocal Communication: Mobile Technology and Politics in Rural West Bengal,India

As media reports of political movements from various locations have shown, mobile technology can be a powerful political instrument. This paper examines how political activists in West Bengal, India use mobile phones for their daily political work. I seek ways to recognize the disruptive and political potential of mobile technology without ignoring its social and cultural rootedness. I illustrate how riots and protests relate to the increase in translocal communication enabled by phones. I also demonstrate how the political use of mobile technology for extra ordinary events is grounded in the social and political processes of ordinary everyday life and draws from the local understanding of politics by emphasizing certain aspects of it. My article confirms the cultural continuity amidst the increase in translocal relationships but it also pinpoints how cultures harbour conflicts and alternative discourses which translocal communication helps to amplify.     

Frictions as opportunity: mobilizing for Arab-Bedouin ethnic rights in Israel

The question of how to advance justice for indigenous or marginalized ethnic groups leads to the heart of a polarized debate. We find a widely diffused ‘right to culture’ stance on one hand and a critical, constructivist one on the other. By taking up Tsing's metaphor of ‘zones of friction’, (2005) this article follows the way in which voices and imaginations about Bedouin culture and rights are produced in the conflict over a piece of land in the Negev desert, which is contested between the Israeli authorities and Bedouin representatives. As an imagined inhabitant of the area, ordinary citizens such as Mustafa are fashioned by activists and political tourists in highly culturalist or romanticized ways – images that are distant from the shifting self-representations of Mustafa himself. This case shows how the current emphasis on the ‘right to culture’ creates both new sites of contestation and new spaces for collective action.     

From human wrongs to universal rights: communication and feminist challenges for the promotion of women's health in the Third World

This article argues that in the quest for global bioethics in its relation to the promotion of women's health and women's rights, the main challenge is to, first, rise above the relativist trap and second, to solve the false dilemma between individualism and collectivism. Particularly in order to improve women's position and advance their well-being in many developing countries with patriarchal cultural practices, there is an urgent need to introduce modern medicine and to share more evenly and efficiently the health care resources of the industrialized societies. This presumes that we can find a normative bioethical approach that promotes the rights of individuals without striving for cultural assimilation and disrespect.
From the philosophical point of view this means that we have to overcome the debate between the rival views of justice, and rather find the shared features of the various approaches, thus diminishing the exaggerated polarizations between them. The author claims that despite its importance in women's rights protection, feminist bioethics cannot remain as a normative alternative that can replace either liberal or communitarian approaches. Instead feminism needs to be part of both liberal and communitarian ethical thinking. Communitarianism, for its part, cannot offer an alternative to either liberalism or feminism, but it can function as an essential critical balancing force within these approaches. Individualist liberalism, on the other hand, has to find its way into collective social structures and accept their maintenance, instead of exhausting itself in its attempts to lift individuals above or beyond their social contexts.