Sheep in Wolf Clothing

I suppose it has always happened -there’s very little that’s really new around; I still wonder why it’s necessary, though. Even through the lens of my white male privilege –my through-a-glass-darkly upbringing- I continue to wonder about these things. Why, for example, do I even have a lens? Was it necessary simply because in the chromosomal lottery, I got the Y? Or is it rather because others lack one? Others? There’s a difference, I guess: one side brings children -even the Y’s- into the world, and nourishes them until they are old enough to be independent; the other side… what, fears  that ability, despite experiencing it themselves? I’m sorry, I don’t understand. Call me naïve, but does that not make us interdependent? Partners in survival?

Anyway, despite my anguished jeremiad, and notwithstanding my somewhat childish credulity, I love it that people have always pressed against boundaries. Crossed borders. Transcended gender constraints. Limits which have been arbitrarily imposed have been challenges from time immemorial.

Until we searched, records of past successes were unfortunately few in number -hidden, or at least difficult to access- not necessarily because they failed, but more often I would suspect because history is written by the dominant. Controlled by those who commanded the prevailing power structure and had greater access to whatever educational resources were available at the time. Military and church, after all, were predominately unisexual, so it seemed rare to read about females that stood out for things other than pandering to male needs, or gaining fame as consorts to royalty.

A few exceptions proved the rule, of course. To pick only a few of my favourites of the many historical examples we were once offered: the fourth century Greek mathematician and philosopher, Hypatia; Lady Li, an artist in tenth century China; the twelfth century polymath Hildegard von Bingen. She was not only a Benedictine abbess, but also a philosopher, natural historian and writer -and she first came to my attention for her musical compositions; Fanny Mendelssohn, a composer and pianist, the talented sister of the more well-known Felix. And then there was the nineteenth century novelist Georges Sand, albeit perhaps more famous for her association with Chopin (and other famous men of the time) than her writings.

The list has recently become much, much longer -and growing- as we begin to delve into historical documents more thoroughly. It would seem that our knowledge of the past is directly proportional to the prevailing ethos –the effort expended… There have always been women who’ve excelled, but there have not always been people who wanted to hear about it…

I do, though; I’m always inspired by anyone who is able to critically assess that which represses them, and come up with a solution. I suppose most of the answers are variations on the same methodology, and yet they still make me want to cheer. An article I found in the BBC news was particularly heartening I think –especially its little twist: http://www.bbc.com/news/magazine-39705424

It’s the story of a woman in Tanzania who ran away from an abusive husband and ended up in the ‘small Tanzanian town of Mererani, in the foothills of Africa’s highest mountain, Kilimanjaro – the only place in the world where mining for a rare, violet-blue gemstone called tanzanite takes place.’

Only men were allowed in the mine so, like in a fairy story, she disguised herself as a man and went to work. She called herself ‘Uncle Hussein’. ‘”I acted like a gorilla,” she says, “I could fight, my language was bad, I could carry a big knife like a Maasai [warrior]. Nobody knew I was a woman because everything I was doing I was doing like a man.”’

And, just like in a real fairy story, ‘after about a year, she struck it rich, uncovering two massive clusters of tanzanite stones. With the money that she made she built new homes for her father, mother and twin sister, bought herself more tools, and began employing miners to work for her.’

But, as in all parables like this, ‘her cover was so convincing that it took an extraordinary set of circumstances for her true identity to finally be revealed. A local woman had reported that she’d been raped by some of the miners and Pili [Uncle Hussein’s real name] was arrested as a suspect.’

Of course, the truth was soon revealed and she was released. ‘But even after that her fellow miners found it hard to believe they had been duped for so long. […] Pili has built a successful career and today owns her own mining company with 70 employees. Three of her employees are women, but they work as cooks not as miners. Pili says that although there are more women in the mining industry than when she started out, even today very few actually work in the mines. “Some [women] wash the stones, some are brokers, some are cooking,” she says, “but they’re not going down in to the mines, it’s not easy to get women to do what I did.”

She has married again, although ‘Finding a husband when everyone is accustomed to regarding you as a man is not easy, Pili found, though eventually she succeeded. “The question in his mind was always, ‘Is she really a woman?'” she recalls. “It took five years for him to come closer to me.”’

‘Pili’s success has enabled her to pay for the education of more than 30 nieces, nephews and grandchildren. But despite this she says she wouldn’t encourage her own daughter to follow in her footsteps. “I’m proud of what I did – it has made me rich, but it was hard for me,” she says. “I want to make sure that my daughter goes to school, she gets an education and then she is able to run her life in a very different way, far away from what I experienced.”’

I love the kind of story of someone encountering and then overcoming seemingly overwhelming odds. I suppose we all do –it’s a classic fable, isn’t it? A veni, vidi, vici episode to be sure. But I am still saddened that it has to be like this. Not that there have to be challenges, you understand –it would be a boring world that offered none- nor even that only a few manage to see it as an opportunity, a fence that needs climbing. No, I’m sad that after all this time, whether out of fear or mistrust, there are still walls like this.

And yet, I remember lines from a poem by William Ernest Henley –‘Invictus’: ‘In the fell clutch of circumstance I have not winced nor cried aloud. Under the bludgeonings of chance my head is bloody, but unbowed’. And, more especially, the last stanza: ‘It matters not how strait the gate, how charged with punishments the scroll, I am the master of my fate, I am the captain of my soul.’

Let us all hope so…

 

 

 

 

 

Are Human Rights Contingent?

Here’s a question: are human rights contingent or emergent? In other words, do they depend on the circumstances and the cultural milieu? Do they depend on the context in which the events in question are imbedded, and maybe even the time-frame –the Epoch? Or, do they exist a priori and exist no matter what the circumstances and so transcend any particular event? An existential consideration, to be sure, but an important one.

If I read history correctly, human rights likely began contingently. Indeed the very word ‘right’ suggests their origin as something granted to someone under specific circumstances. They were guaranteed to someone by whoever possessed sufficient power to do so. And as time passed, these rights grew –evolved- and the context enlarged. So, when the power became invested in the populace at large, the rights took on a life of their own and seemed to be  inalienable and self-evident -no longer granted, but obviously existing: they were emergent.  They accreted new considerations and enlarged, and are evolving still.

Rights continue to be a moving target. As societies mature, their foundational principles come to be read in a new light. Emergent or contingent..? Alas, as we add new limbs to the ever-evolving animal, we tend to be revisionist and judgmental about its more embryonic forms, even though we’re seeing them through modern eyes, and modern prejudices…

And yet some things seem almost suited to temporal bigotry. I’m thinking here of the current controversy over Trinity Western University –a private, Christian institution- and its decision to open a law school: http://www.huffingtonpost.ca/2014/04/11/trinity-western-university-law-school-bc_n_5134482.html  This came on the heels of a 2009 decision by the Supreme Court of Canada overturning a challenge by the British Columbia College of Teachers who claimed that the university shouldn’t be able to grant teaching degrees because it opposed gay unions.  And, as the article outlines: at the time, students were required to sign an agreement not to engage in activities that were “biblically condemned,” including “homosexual behaviour.”  The agreement is now known as the ‘Community Covenant’.

The controversy over the proposed law school is not so much the result of any official opposition -the Law Society of British Columbia, the Federation of Law Societies of Canada, and B.C.’s Advanced Education Ministry have all given at least preliminary approval- it is rather that the gay and human rights community questions the suitability of the university to teach supposedly neutral and unbiased Law, when it seems to have a fundamental difference in values from much of  the society outside their walls. The Huffington Post article reports that the president of the university, Bob Kuhn, is up front about it: Kuhn said prospective students aren’t asked about their sexual orientation during the application process, and he said all students are welcome at the school — as long as they agree to abide by the community covenant. If a gay or lesbian or bi student wished to come to Trinity Western University and wished to comply with the community covenant as it’s written, then there’s no problem,” he said.

True, students that disagree with the tenets of the university need not apply –there is no compulsion at stake -merely a principle. But isn’t that what should matter the most? Surely those who accept principles that discriminate against minority positions must not expect neutrality at the end. If nothing else, the example it sets is not a balanced one.

My worry is not that an excellent academic institution like Trinity Western would not competently and rigorously adhere to all legal requirements, but more that the underlying spirit of its presentation would be framed in a context that does not reflect the diversity of the multicultural society it must serve;  it is a madrassa that pretends inclusivity.

I’m sure that a graduate of the school would attempt neutrality in the real world. After all, she would be free to refuse a case if it conflicted with her values and refer it to a colleague who perhaps would view the issue in a different light. The law can be a demanding master.

And yet I can’t help but wonder if those less than democratic values that necessitated a ‘community covenant’ are the thin edge of a wedge that threatens to skew the defence of what we have come to regard as basic societal rights and nudge them into an unspoken yet contingent position again. Rights are fragile enough as is. Although guaranteed in law or constitution, they still require more than fear of punishment to ensure they are respected. We all have to feel they are important. And not just when there is no cost to us or society at large. Sometimes there are sacrifices required; sometimes we have to swallow our distaste and step back a little to think about the ramifications of not applying the right equally and under all circumstances.

But rights are about justice, not punishment; laws are about consensus not fear. And neither rights nor law should live in fear of circumstance. Even Shakespeare recognized this so many years ago and in such a different time:

We must not make a scarecrow of the law,
Setting it up to fear the birds of prey,
And let it keep one shape, till custom make it
Their perch and not their terror.