Post 338.

In 2019, the issues that have long faced women continue to be part of sustained struggle. The hope in this struggle are the many women, especially young women, fearlessly pursuing gender, sexual and reproductive justice around the region.

I’m meeting some of these women for the first time, feeling hope from their potential. I’m introducing you to them because the names of Caribbean women activists often disappear along with recognition of their labour.

I was at an Inter-American Development Bank (IDB) event recently, featuring companies and banks with progressive policies regarding women’s employment and leadership, sexual harassment, and work-family balance. Someone in the audience asked what led to these policies. The private sector speakers answered that society has changed, customers are choosing socially (and environmentally) progressive profits, and a younger generation is looking for jobs in companies that align with their ideals.

Society didn’t just change. Feminists labored for decades, despite being stereotyped and maligned, to mainstream the transformations that appear to have just happened over time and that, ultimately, benefit us all.

Societies don’t just change. Women, and feminist men who are allies, labour to make those changes to women’s rights, LBGTI human rights, rights to safe and legal terminations, rights of sex workers, and rights of girls and women to live free of male harassment and violence. They labour to make the changes to parenting policies, including extended paternity leave, that we take to be common sense today.

Such labour takes whole lives, is often voluntary, and can be exhausting, impoverishing and invisible. The private sector takes up this work when the social shifts have already happened, but rely on feminists’ everyday investment to take the risks and resist persistent social support for male domination, heterosexual privilege, traditional gender roles, and women’s unequal burden of care.

So, let me introduce you to Ifasina Efunyemi, a Garifuna woman, who co-founded Petal, Promoting Empowerment through Awareness for Lesbian and Bisexual Women, a Belizean organization that creates safe spaces, promotes healthy relations, and provides training that supports economic empowerment. Every year they hold a forum on International Women’s Day with different themes from gender-based violence to social security and the age of consent.

Meet Robyn Charlery White, co-founder and Director of Herstoire Collective, which promotes sexual and reproductive health and rights, works through digital advocacy, creates safe spaces for women and girls to access information and services, and teaches St. Lucian school age girls about menstrual health. You wouldn’t believe how little secondary school girls are informed about their bodies, fertility and sexuality, mostly because of parents’ silence, and the impact of such disempowerment.

Patrice Daniel, from Barbados, co-founded Walking into Walls in 2012. It’s an on-line space (which you can Like on Facebook) that documents gender-based violence against women and girls, their own narratives and stories of violence, and feminist activism to end such violence. In its own way, this crucial record of the most gutting of women and girls’ realities aims to highlight and challenge the norms that make male violence so normal in the Caribbean.

In Jamaica, Shantae Porteous works with Women’s Empowerment for Change (WE Change). Focusing on empowering lesbian, bisexual and transwomen, their work includes using culture and arts to heal from abuse. She’s also part of I’m Glad I’m a Girl Foundation, which has been lobbying to provide sexual and reproductive health services and information to girls thirteen to seventeen. Ironically, the age of consent is sixteen, but such services cannot be legally accessed without parental consent before eighteen. For almost ten years, the Foundation has also organised a feminist-led camp for girls that includes conversations on puberty, self-confidence and financial management. Boss mix, right?

You may think that the big issues are migration and trafficking, climate-related disasters, and poverty, but these are unequally suffered by the most vulnerable or stigmatised groups in our societies; teenage girls, persons living with HIV/AIDS, trans women, poor women, and survivors of insecurity and violence.

What do these and other young women need to continue creating hope? Funding, capacity-building, meaningful partnerships, volunteers, allies, political will and state collaboration, spaces to gather, succession planning, and opportunities to become financially sustainable.

It may not be visible, but another generation is labouring to protect and advance women’s human rights, and free women, girls, men and boys from patriarchal authority. In the spirit of regional solidarity, I’m billboarding their courage because the story shouldn’t be that societies just somehow change.

If anyone tells you the future is feminist. Now, you know their names.

 

 

Post 279.

An attuned ear hears a shackle when it falls. It’s a surreal sound, when an instrument of inhumanity hits the ground broken, clanging with its iron weight of history. Instinctively listen for the heart-piercing exultations of emotion that echo out powerfully. Also be stopped still by a black hole of quiet horror that you may yet again hear that shackle clink close around a human body.

If the pores on your skin raised, as did mine when I heard Justice Devindra Rampersad’s judgment on Thursday, it’s because I never anticipated that a shackle’s fall could sound and feel like the force of a supernova when it collapses, its vibration sheer disintegrating your heart, leaving you in breathless tremors and shaking tears.

The boldness of the judgment and the interval of freedom it created for the first time in hundreds of years, like a slash in colonial space-time continuum, can’t be anything but celebrated.

There are thousands of bodies in the nation which had been existing in fear, shame and silence and which, for the first time, felt included, protected and free. It is like the future time-traveled and arrived to rock the vibrational field of the present, in a way so many citizens dared to dream, but despaired they wouldn’t live to see.

Justice Rampersad’s judgment in Jones v TT ruled that Sections 13 and 16 of the Sexual Offences Act, which criminalize buggery, or acts of anal sex, and same-sex genital touching, are unconstitutional. He held that the “savings clause”, which retains the legality of colonial law despite our republican status, doesn’t apply. This is because, in 1986, the Sexual Offences Act was repealed and “replaced”, thus creating new, post-1976 law.

Also new law was created with the unprecedented extension of penalties for buggery from 5 years to 25 years and creation of a new prohibition, titled “serious indecency”, and explicitly meant to criminalise lesbianism for the first time (by legislating that only men could have sexual access to women). In other words, this is new law, not simply a re-enactment and continuity from 1925.

Second, he argued that even if the savings clause could hold, its intention was to continue and preserve protections of citizens’ rights in the move from colonial subjection to independent nationhood, not deny rights, discriminate or victimize. In this case, relying on the savings clause as justification goes against its spirit.

Additionally, he agreed that Jason Jones’ right to privacy was denied, observing that such privacy had not been conceptualized in early colonial law, but was now an accepted ideal. Use of the savings clause to deny that right again defies its intention.

Regarding the Act itself, its violation of Sections 4 and 5 of the constitution were already acknowledged by parliament in 1986. It is possible to infringe upon individuals’ constitutional rights, under Section 13 of the constitution, but the burden is on the parliament to fully justify its necessity, which it has not done. Passage of legislation by 3/5 majority, however procedurally legitimate, isn’t enough.  Religious or majority view and public opinion isn’t enough. Political expediency is far short of enough in the face of signed international conventions and global and liberalizing standards of dignity, decency, equality and human rights. Claiming parliamentary prerogative isn’t enough, or might be enough in Britain where no constitution exists so parliamentary law is highest authority, but not in Trinidad and Tobago where the constitution should be supreme.

In other words, Jah bless our republican status and the possibilities for future-facing Caribbean jurisprudence. Why rely on British law when we have our own constitution? Why still carry habits of prisoners when we are freed from such imprisonment?

Without the savings clause as a defense, the 1986 Act was always unconstitutional and unjustified, and unreasonably and arbitrarily denied rights to privacy, family, intimacy and equality to all citizens and couples. Its legitimacy was founded on its own fiction and presumptions, like the emperor with no clothes.

To write that race, colour, gender, age or sexual orientation is not all that encompasses a person’s soul nor their value to society or themselves is to wield something other than the master’s tools to dismantle the master’s house. This is the ultimate dream of Caribbean emancipation.

For this to occur in real life and in our generation is overwhelmingly beautiful, and feels cosmically huge. On appeal, we hope the disturbing metallic edge of manacles, re-clasped on those who call for our love, is not something we have to hear. To them, do not turn a deaf ear.