Introduction -- Artivism, Literature, Law and Justice -- Migration Histories -- Of Visas and Visions of a Better Life -- Women's Lives -- Sexual Orientation and Gender Identities -- Children in Literature -- Conclusion -- Afterword.
This innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers. The book is divided into two. Part one is conceptual and focuses on art activism and the myriad ways in which people have sought to 'write justice.' Using Mazrui's diasporas of slavery and colonialism, it then considers histories of migration across the centuries before honing in on the recent anti-migration policies of western states. Achiume is used to show how these histories of imposition and exploitation create a bond which bestows on Africans a “status as co-sovereigns of the First World through citizenship.” The many fictional examples of the schemes used to gain entry are set against the formal legal processes. Attention is paid to life post-arrival which for asylum seekers may include periods in detention. The impact of the increased hostility of receiving states is examined in light of their human rights obligations. Consideration is paid to how Africans navigate their post-migration lives which includes reconciling themselves to status fracture-taking on jobs for which they are over-qualified, while simultaneously dealing with the resentment borne of status threat on the part of the citizenry. Part two moves from the general to consider the intersections of gender and status focusing on women, LGBTI individuals and children. Focusing on their human rights and the fictional literature, chapter four looks at women who have been trafficked as well as domestic workers and hotel maids while chapter five is on LGBTI people whose legal and literary stories are only now being told. The final substantive chapter considers the experiences of children who may arrive as unaccompanied minors. Using a mixture of poetry and first person accounts, the chapter examines the post-arrival lives of children, some of whom may be citizens but who are continually made to feel like outsiders. The conclusion follows, starting with two stories about walls by Hadero and Lanchester which are used to illustrate the themes discussed in the book. Few African lawyers write about literature and few books and articles in Western law and literature look at books by or about Africans, so a book that engages with both is long overdue. This book provides fascinating reading for academics, students of law, literature, gender and migration studies, and indeed the general public.
Africa, with its mix of statute, custom and religion is at the centre of the debate about law and its impact on gender relations. This is because of the centrality of the gender question and its impact on the cultural relativism debate within human rights. It is therefore important to examine critically the role of law, broadly constructed, in African societies. The book focuses on women's experiences in the family. This is because the lives of women continue to be lived out largely in the private domain, where the right to privacy is used to conceal unequal treatment of women which is justified by invoking 'custom' and 'tradition'. The book shows how law and its interpretation is used to disenfranchise women, resulting in their being deprived of land and other property which they may have helped to accumulate. It also considers issues of violence within the home, reproductive rights and examines the issue of female genital cutting. The role of women in development is explored as is their participation in politics and the NGO sector. A major theme of the book is a consideration of the linkages of constitutional and international human rights norms with local values. This is done using feminist tools of analysis. The book considers the provisions of the Protocol to the African Charter on Human and People's Rights on the Rights of Women which was adopted by the African Union in July 2003.
While it is generally acknowledged that women suffer discrimination, women who are also members of minority or indigenous communities are particularly marginalized. Like male members of minority and indigenous communities, they lack access to political power and face discrimination in their access to services and rights. However, as women they face these problems and more. The aim of this report is to encourage those working on minority and indigenous peoples’ rights to consider the issues from a gender perspective, and to encourage those working on gender equality and women’s rights to include minorities and indigenous peoples within their remit. The report is written by Fareda Banda and Christine Chinkin, who are both international human rights lawyers and gender specialists. It has an international law and advocacy focus. First, the basic concepts an relevant international human rights instruments are set out. Then, using case studies and examples from around the world. the authors show how gender intersects with other forms of discrimination on the lives of some minority and indigenous peoples. Key issues for minority and indigenous peoples are stressed, and there is a nuanced discussion of the issue of culture, which can be both a positive and negative force in relation to women’s human rights. The report concludes with a set of recommendations. This report will be essential reading for anyone interested in issues of gender and the human rights of minorities and indigenous peoples.
While it is generally acknowledged that women suffer discrimination, women who are also members of minority or indigenous communities are particularly marginalized. Like male members of minority and indigenous communities, they lack access to political power and face discrimination in their access to services and rights. However, as women they face these problems and more. The aim of this report is to encourage those working on minority and indigenous peoples’ rights to consider the issues from a gender perspective, and to encourage those working on gender equality and women’s rights to include minorities and indigenous peoples within their remit. The report is written by Fareda Banda and Christine Chinkin, who are both international human rights lawyers and gender specialists. It has an international law and advocacy focus. First, the basic concepts an relevant international human rights instruments are set out. Then, using case studies and examples from around the world. the authors show how gender intersects with other forms of discrimination on the lives of some minority and indigenous peoples. Key issues for minority and indigenous peoples are stressed, and there is a nuanced discussion of the issue of culture, which can be both a positive and negative force in relation to women’s human rights. The report concludes with a set of recommendations. This report will be essential reading for anyone interested in issues of gender and the human rights of minorities and indigenous peoples.
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