The ambivalence of authority and secret lives of tears: transracial child placements and the historical development of South African Law

Posted in Africa, History, Law, Media Archive, South Africa on 2012-05-08 01:20Z by Steven

The ambivalence of authority and secret lives of tears: transracial child placements and the historical development of South African Law

Journal of Southern African Studies
Volume 18, Issue 2, (June 1992)
pages 372-404
DOI: 10.1080/03057079208708319

Frederick Noel Zaal, Professor of Law
University of Kwazulu-Natal

The negative attitudes towards racially mixed familial groups which underlay many mid‐twentieth century South African statutes had deep historical roots. Early in the seventeenth century it became fashionable for Dutch travellers to write memoirs in which they routinely condemned the effects of transracial sexual relationships which they had witnessed in the colonies of other nations and in which they ascribed witch-like powers to women of colour who consorted with Europeans. The pessimistic mythology about miscegenation that was thus begun affected policy makers when the Dutch East India Company subsequently began to establish the first Dutch colonies in the East Indies. Both in the Indies and at the small Dutch colony in South Africa, uncomfortable tensions resulted because of the fears and racial prejudice engendered by this mythology in the face of a contrary need to assimilate the offspring of miscegenation. In South Africa the legal mechanisms which the Dutch East India Company had developed to cater for this need were forgotten by the late nineteenth century. However, the mythology about the undesirability of racially mixed familial groups lived on into the twentieth century. As the century progressed, it resulted in an erosion of the legal status and rights of children whose parents were given different population group classifications by a government which steadily increased the number of such groups. During the period 1960–1990 there was a series of governmental attempts to prevent the artificial creation of mixed familial groups by prohibiting transracial adoptions. The legislation which was designed for this purpose remained ambiguously worded because modern Western notions about the rights and vulnerability of children compelled a covert approach. In the early 1990s, as the white minority fears for its future, there has been an unwitting return to the kind of selectively acquisitive child placement strategies once utilized by the Dutch East India Company.

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Challenging Certain Aspects of Intergroup Relations in “The Shaping of South African Society, 1652 – 1840”: A Review Article

Posted in Africa, History, Media Archive, Social Science, South Africa on 2012-05-08 00:58Z by Steven

Challenging Certain Aspects of Intergroup Relations in “The Shaping of South African Society, 1652 – 1840”: A Review Article

Kronos
Number 17 (1990)
pages 71-76

Hans Heese, University Archivist
Stellenbosch University

When the first edition of “The Shaping of South African Society 1652-1820”, dealing with the integration of southern Africa into a world economy and the domination of whites over blacks, was published in 1979, it filled a need which was increasingly being felt in South African historiography. In its introduction the authors stated that they wanted to “redress” the imbalance created by previous, Eurocentric historiography which has given “inadequate attention to non-Europeans: in this case the slaves, Khoikhoi, Khoisan hunter-gatherers, Bantu-speakers, free blacks and persons of mixed descent”

The volume consisted of four parts: the first part covered the major population groups, the second the rulers and the ruled, the third the expansion of the colony and its frontiers, and in the last part Elphick and Giliomee reviewed the development of social stratification over the whole period.

The other contributors were Armstrong, Freund, Guelke, Legassick, Schutte and Shell who had all done prolonged research in the various archives of South Africa, the Netherlands and Great Britain. With the exception of Legassick, all of them represent the “liberal” school — as opposed to the “radical” school.

In 1982 an Afrikaans translation, ’n Samelewing in Wording: Suid-Afrika 1652-1820, was published. Both versions were used as textbooks at undergraduate and postgraduate level at South African universities.

In 1989 a second edition was published under the title The Shaping of South African Society, 1652-1849. The new edition contained two new chapters—one on the Cape economy and the other on the Cape under the British, 1814-1834. The chapters on the Khoisan and Slaves had been extensively revised and extended to cover the period up to the 1830’s, both with the help of Malherbe and Worden as co-authors respectively. The authors of these two additional chapters—the one on the Cape economy and the other on the British at the Cape—were Robert Ross and Jeff Peires. Giliomee incorporated his earlier chapter on the burgher rebellions (1795-1815) from the 1979 edition in his contribution on the Eastern Frontier in the second edition…

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African-Scottish families

Posted in Africa, Articles, Caribbean/Latin America, History, Media Archive, Slavery, United Kingdom on 2012-05-05 14:48Z by Steven

African-Scottish families

A North East Story: Scotland, Africa and Slavery in the Caribbean
2008

This exhibition has been organised by an Aberdeen and Aberdeenshire Bicentenary Committee to commemorate the 200th anniversary of Britain’s outlawing of the African slave trade in 1807. It follows on from a service of commemoration and a series of public lectures sponsored by the Committee in 2007.

Many of the commemorative events in the UK in 2007 explored the big history of transatlantic slavery and the fight of British and African activists to end it. This exhibition seeks to show how that big history links to the history of North East Scotland.

Table of Contents

  • Slave names
  • Colour consciousness in the Caribbean
  • John Shand and Frances Brown
  • Frances Batty Shand
  • Jonathan Troup

Few Scottish women went to the Caribbean. Their menfolk had relationships instead with women of African origin or descent. Thousands of children were born from these interracial relationships.

The men almost never married their African partners, although sometimes a man would buy the freedom of his enslaved lover. If he did not, he would have no rights over his children. By law, a child born to an enslaved woman belonged to the woman’s owner, regardless of who the father was.

Often it was the custom for the children to use their father’s surname. If they were born free and had a fairly light skin colour, their fathers often sent them to Scotland for education.

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“Our Ancestors came from many Bloods”. Gendered Narrations of a Hybrid Nation

Posted in Africa, Anthropology, Articles, Literary/Artistic Criticism, Media Archive on 2012-04-14 01:16Z by Steven

“Our Ancestors came from many Bloods”. Gendered Narrations of a Hybrid Nation

Lusotopie
Volume 12, Issue 1 (2005)
pages 217-232
DOI: 10.1163/176830805774719728

Isabel P.B. Fêo Rodrigues, Professor of Anthropology
University of Massachusetts, Dartmouth

Narratives of mixed ancestry in Cape Verde use gender as common denominator in the weaving of a Creole nation. These narratives may hide tensions, conflicts, and adversities, but they also contain elements of fusion and national cohesion. They are and have been gendered narratives, partial and selective of the elements of fusion substantiating and sustaining a Cape Verdean identity vis-à-vis the multiple symbolic and material challenges faced by this young post-colonial nation-state. In them, Cape Verde is portrayed as an exceptional African case with boundaries carved by the ocean, free from ethnic conflict, and without a pre-colonial past through which to filter present realities.

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Between black and white: Rethinking Coloured identity

Posted in Africa, Articles, Identity Development/Psychology, Media Archive, Philosophy, South Africa on 2012-03-13 01:15Z by Steven

Between black and white: Rethinking Coloured identity

African Identities
Volume 1, Issue 2 (2003)
pages 253-280
DOI: 10.1080/1472584032000173139

Pal Ahluwalia, Pro Vice Chancellor of Education, Arts and Social Sciences
University of South Australia

Abebe Zegeye
Goldsmiths College, University of London

Identity who we are, where we come from, what we are is difficult to maintain … we are the ‘other’, an opposite, a flaw in the geometry of resettlement, an exodus. (Said 1986: 16 17)

The photographs

Stephen Greenblatt offers two models for the exhibition of works of art resonance and wonder. Resonance, he argues, equates with the ‘power of the displayed object to reach out beyond its formal boundaries to a larger world, to evoke in the viewer the complex, dynamic cultural forces from which it has emerged and for which it may be taken by a viewer to stand’ (Greenblatt 1991: 42). Clearly a work of art that evokes such resonance creates its own context albeit that it is far removed from its original site. In contrast, by wonder, he means, ‘the power of the displayed object to stop the viewer in his or her tracks, to convey an arresting sense of uniqueness, to evoke an exalted attention’ (ibid.).

Greenblatt argues that what has increasingly happened in the practice of mounting exhibitions is the triumph of resonance over wonder. For an exhibition to have maximum impact, he argues (ibid.: 54), it is important that there should be ‘a strong initial appeal to wonder, a wonder that then leads to the desire for resonance, for it is generally easier in our culture to pass from wonder to resonance than from resonance to wonder’. It is in this context that we urge readers to make acquaintance with Chris Ledochowski’s photographs. First and foremost, they are works of art that evoke wonder. These works of art, however, are deeply resonant with the racial quagmire that has dominated and continues to dominate   South Africa’s culture, history and politics…

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Not Tainted by the Past: Re-conceptualization and Politics of Coloured Identities among University Coloured Student Activists in Post-Apartheid South Africa

Posted in Africa, Campus Life, Identity Development/Psychology, Live Events, Media Archive, South Africa on 2012-03-12 02:46Z by Steven

Not Tainted by the Past: Re-conceptualization and Politics of Coloured Identities among University Coloured Student Activists in Post-Apartheid South Africa

Achieving Sustainable Development in Africa
International Conference at the University of Pittsburgh
2012-03-29 through 2012-03-30

Sardana Nikolaeva
School of Education
University of Pittsburgh

The colonial apartheid South Africa, its hierarchical racial classification and its consequences have garnered a lot of interest from scholars in a number of disciplines. Coloured identities, previously shaped as a single racialized categorical identity of a diverse group of “mixed race” people by the particular racist discourse of colonial and apartheid South Africa, currently needs to be re-conceptualized as heterogeneous and constructed by complex networks of relations and practices in specific historical, social, and political contexts. This research project examines how coloured students’ identities are formulated, contested and negotiated within a specific student activism context in a post-apartheid higher education terrain. In this sense, involvement in student activities of undergraduate and graduate students, who self-identify as of coloured identities, is interpreted as a productive resource and a site of identity articulation, contestation, and negotiation, evolving around locally embedded social, economic, cultural, and political issues. I firmly believe that there is a need of research of post-apartheid youth identity politics, particularly among coloured youth, one of the most disenfranchised, discriminated, and socio-politically-, economically-, and culturally-marginalized groups in South Africa. On a broader level, the research findings might shed light on the specifics of the minority group politics (coloured/colouredness politics) within post-1994 South Africa as a multi-racial and multi-ethnic state.

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…And… a conjunction of history and imagination

Posted in Africa, Books, Media Archive, Monographs, United Kingdom on 2012-02-18 20:15Z by Steven

…And… a conjunction of history and imagination

Lulu
2010-02-06
206 pages
4.3 wide × 6.9 tall
Paperback ISBN: 5800039355462

Isabel Adonis

And… is a psychological memoir of the lives of my mother and father, Catherine Alice and Denis Williams. Inspired in part by Jamaica Kinkaid’s Mr Potter, the writing explores the nature of identity, place, history, the meaning of a colonial background, the divisiveness of colour, alienation, and the tradition of the English language, which paradoxically both liberates and incarcerates.

My mother was from a small town in North Wales; my father from Guyana, both ex colonies: they met each other in London after the Second World War. My mother already had a child by a black American airman when she met my father, a scholarship student on the first grant awarded by the British Council. My mother had been brought up in an orphanage: she was very literate, religious and poetic and creative.

In London, my father was very quickly famous as a painter, but success, on white terms, proved to be a humiliating experience for him. They travelled to the Sudan to look for his ancestral roots; there he wrote what is considered one of the first postcolonial texts, Other Leopards. They then moved to Nigeria, where he worked with, and befriended, Ulli Beier, Wole Soyinka and others. This was in the 1960s, when the Mbari movement was in its infancy.

My book is not a biography, but focuses on impressions, and charts a holographic journey where simple accounts reveal the depth of their lives together from the point of view of one of their children. Anyone from teenagers onwards can read this multi-layered and imaginative book, whose centre is identity, culture, and the nature of desire. It is simultaneously personal and universal, and ideal for students at school, at college and university or for anybody interested in race, or what it means to be mixed.

The title symbolises the attempt of the writing to deconstruct the hierarchical structure of language, and knit from the fragments of identity, an authorial voice without authority – without the defining rejection of  ‘other’. The stripped down language allows the exploration of the clash of cultures—Welsh, English, and Caribbean.

Chapter One

In which my mother says she wants to be buried in rags and sacking – and is not.

And my mother always said that when she died she wanted to be buried face down in rags and sacking. She wanted nothing else, so that even in her death she could deny desire. She never wanted anything in life or death because for her, the worst thing was to want. And she said, “I don’t want, I don’t know how to want”, so that when it came to mentioning her end, she wanted to not want. She never saw of course that her dying wish was a contradiction, how it contained, in her denial, the very want she was avoiding, and that behind every denial of want was the want; the want she did not want. And she lived her whole life like this, negatively, and perfectly confident at the same time, not of what she wanted but of all that she did not want.

It was amusing, though she was perfectly serious; it was frightening too, since it demanded that I as her daughter would have to act on her wishes, and it was easier to ignore her. Her desire was to extend beyond death itself and this wish seemed to say more about her than almost any other thing. She said, “I don’t want any fuss made over me, I don’t want to be a problem to anyone, I don’t want a coffin, I don’t want a church service.” All contradictions, and her list would be endless, an impossible list of not-wants.

As much as she hated wanting and believed that she could not want, she hated religion even while it was at the centre of her life. “The Lord is my Shepherd I shall not want,” she said quietly to herself; believing that religion and desire were incompatible. It was imprinted on her brain as her earliest memory; wanting and religion did not go together, and if her life was to be religious there was no wanting.

Perhaps this was why she saw that they, the religious ones, wanted too much and therefore the Lord was not their shepherd, as the Lord was her shepherd. Perhaps she saw their hypocrisy but didn’t see her own reflection in them, for she sought always to be purer and yet still purer and she would always have to be lower, and therefore higher, in her relation to the world. She sought humility and she talked of virtue and smallness and she believed she was it; she spoke of those who stole virtue and she would turn every stone until she received God’s grace, even if it didn’t come to her until old age, like some biblical hero, and her life would be transformed by His intervention.

She would be transformed through religious baptism. She prayed for this; the life she was ceaselessly wanting, and while not wanting it she would search the good book,—Y Beibl, which is ‘The Bible’ in English. But her liberation never came, not even in death or before it, and neither did her dying wish that she should be buried in this non-conformist way.

And my mother had no shortage of rags and sacking. She had been collecting them over a long period of time. Some were plain and some had print on them and some were just plain dirty but she didn’t mind dirt. Holding them up to the light she would examine the size and the weave and if they were crumpled she would carefully and lovingly wash each one and dry it on a washing line and air it until it was quite dry. Once she even took out a bradawl, a small tool for pushing small cut strips of cloth through the weave, to make one of her sacks into a mat. And everything she did was for the glory of God, and sewing was a prayer and a meditation to Him, which had its own rewards, not here on earth but in heaven.

‘Rags and sacking’ demonstrated her humility, her smallness, her virtue, and she loved cloth more than wood and sewing more than carpentry. Carpentry was for men and she was not a man; her dealings with wood were restricted to the collecting of twigs for her coal fire. When she lived in Bangor, on the mountain and close to trees and woodland, she bought a red bow saw and a small dark red handled chopping knife to cut these small pieces of wood. Sometimes she could be seen sawing up a long piece of ash. There was an ash tree behind her home and sometimes she would drag smaller branches into her hillside garden and she would cut them again into twigs. But when it came to any consideration of death and dying it wasn’t wood she thought of, it was cloth. And besides, she wanted to resist them, those men that made all kinds of rules about this and that, and every type of human activity, and especially in matters of the human heart. She would express herself through the softness of rags and sacking.

She was a kind of expert on cloth and especially old cloth, it excited her in a sensual way; the smell, the weight, the feel, the weave, the dye and the colour reminded her of a lost skin, of lost love and lost intimacy; her mother’s long dark skirt, her beautifully stitched and starched white cotton blouse with full sleeves, the little buttons at the cuff, her father, Johnny Willy’s wool suit, his bow tie and his tweed cloth cap. She told me years ago, a tale of going upstairs as a child, to the attic and seeing the old clothes which her grandparents had worn and she hadn’t just remembered it, she had absorbed it into her child mind and her child body, and there it had stayed as some hidden language. She told me how she remembered the black and white clothes and how that was an image she had to live by, like the very skin she was in, and she would live with those colours of black and white, an image that would determine her destiny, an image to stand under and live by. Black and white bound her to a past and sustained her present.

She had never said anything about her own mother’s face, her mother’s hair or her mother’s skin or her mother’s ways. She never mentioned her mother’s name or her mother’s life, yet everything about her life spoke of mother. She just said: “She died when I was six.” And when I was very young I thought that when my mother died my eldest sister, Janice would become my mother and then when she died my sister, Evelyn would be my mother and then it would be my turn to be my mother, but it didn’t turn out like that.

Soon after my father left my mother, she busied herself collecting cloth. We had to leave Llandudno because the bank manager had insisted that my mother sell our house. My father had left us in debt, a debt that wouldn’t have mattered if he’d still been working in Africa, but he wasn’t. I can remember he earned about two thousand pounds then and it was called a salary, and this salary included free travel to Africa and the other benefits like boarding-school fees and something called superannuation. The bank manager called her in and he told her. He said: “You will have to have a second mortgage on your home.” And of course she didn’t want a second mortgage because she knew she could not pay the first, and the bank manager knew that too.

The debt meant that we had to leave the first house, which was called Beiteel. It was the first house, my mother had ever had, but it was a house which was never a home or a haven or a place of comfort or anything like that, though she wanted it to be. She had to leave a life, which at one time had almost given her a certain privilege and a certain status. Then she was no longer going up in the world as people say, and there was no more paid travel or boarding-school fees, nor was there anymore any superannuation, not that my mother was particularly interested in that.

And soon after he left we went to live in Bangor, which is just up the coast from Llandudno. There is a university on a hill overlooking the town which is in a river valley, though the river is nowhere to be seen. It was closer the mountains where she could buy a cheaper house and pay off the debt owed to the bank. She began to fill her time with collecting clothes from a charity shop, which was called Oxfam. There was only one charity shop at the time in Bangor, but later there were many more. And when there were more she went to the others.

Sometimes she had arguments with the women who ran the shop and she would return home, full of defiance and hurt and outrage. Most of all she despised their goodness and their monopoly on goodness. The way they had a chance to see all the clothes before she did, the way they wouldn’t let her negotiate for clothes as she would have preferred. Like an African woman she felt it her right to do that – to barter and bargain. She was poor and she could never understand why it was the poor who supported the poor. Each penny spent was noted in a little black and red notebook bought at Woolworth’s and she paid all her bills in instalments long before this idea caught on.

And after a long time she saved eighty pounds in this way and she deposited it in an account at the Halifax Building Society, so that she had another book. This saving pleased her and she was proud of her abilities to manage the very little money she had. She didn’t work outside the home because that was my father’s role and now he was gone and he had taken that life with him; the life she had worked for. She couldn’t stand the isolation, for she was a sociable sort, though she was not one for social niceties.

She kept on buying and collecting. She collected cardigans, jumpers, waistcoats with fancy buttons, wool coats for children, wool coats for grown ups, silk dressing gowns and printed dresses, hats, Kangol berets in all colours, hats in hat boxes and leather gloves and dressing-up gloves made of delicate leather, lacy tops and silk scarves, fox furs and beaver furs and fur coats, pleated skirts and tweed skirts and silk and Scottish kilts and pyjama cases. Each item was lovingly washed or brushed, altered or mended and assigned a place in her bedroom, which was soon bursting like a well-stocked charity shop. The berets were steamed and thoroughly cleaned and she wore them with pride. Every single thing was significant, ordered and perfectly clean, for if anything had a small stain she would douse it with lemon juice or iron it with brown paper or brush it until it was clean.

In addition she collected small things like buttons and lengths of ribbons and braid and broken brooches and expensive pens that didn’t work and endless pairs of reading glasses (for the frames), old leather bags and satchels of different kinds. She liked discarded things and worn things and all those things which were unloved and required attention.

The bedroom suite was a pale wood and had been bought second hand from Auntie Maggie’s son, David, for seventeen pounds, the first and only bedroom suite she had. Auntie Maggie had come to the house in her usual way and said that she had something for my mother. She said: “David is selling a bedroom suite and it is such a bargen.” My mother put so many clothes in the wardrobe, it could not be adequately closed and she had to jam the door shut with a rolled up bit of paper. She had a pair of purple curtains on the window which I had bought for her from Pollecoffs – an old fashioned shop where receipts were always written out by hand with a pen and ink, and the money went on odd journeys around the shop in a lift and a brass container, and men spoke graciously of service.

Her dressing table was covered with used lipstick cases, old perfume bottles, empty talcum powder pots, empty tin tubs of Nivea and empty tin tubs of Boots face cream which was like Nivea, a tube of pink Germolene and a pot of lanolin, a home made silk bag, old safety pins, and boxes of unused Morny soaps. There was always Johnson’s baby powder, a tall white container whose smell of babies filled the air.

For darning she had a mushroom shaped wooden tool over which she stretched a woollen sock for repair: she would unravel the broken threads and begin creating a new warp and weft with a long darning needle and fine wool, kept on a card. She would be sat hunched over by a window straining towards the light as if in prayer, and darning was prayer itself. She could do this for socks and she could do this for stockings and she knew how to make a proper patch for a cotton sheet and how to make a bodice for a girl’s dress and how to make women’s underwear and how to make an ankle on a pair of knitted socks. She knew how to make a girl’s dress and a pair of trousers without a pattern, how to make every kind of skirt and cut it on the bias or how to make a pleat. And she seemed to know how to do everything to do with clothes as if it were a language she knew.

And shoes. She collected all kinds of shoes, flat brown shoes, leather brogues with proper stitching along the soles and not moulded, shoes with great long laces made of leather and some had laces not made of leather, high heeled shoes in patent leather which she would never wear, purple suede shoes and pink shoes, shoes with bars and shoes with buckles, stuffed with balls of scrunched up newspaper and shoe horns. And once she bought me dancers shoes by Anello and Davide and I loved those shoes and I had two pairs, a red pair and a black pair.

The insides of shoes would be cleaned with a damp cloth, moistened with Dettol, she believed in Dettol, just like the cross itself: after which she would put one shoe next to the other shoe, as if they were twins and place them under the bed. She must have had about forty pairs of shoes of which she only wore one or two pairs, and not one of them new, and they were pushed under her bed along with other treasures for the life she might lead or might have led. There was a large piece of sandstone, which my father had taken from an archaeological dig at Meroë in the Sudan, a rolled up print which the artist Roger Hilton had given my father. She had some manuscripts, and a box of green tiles which had been made for a coffee table designed by my father and based on a rubbing from an Egyptian tomb. The table was never made, though for a time it was there in the house, just put together roughly. I always felt it very bad luck to keep that piece of sandstone, for I feared it would act as a curse on her life and his, to remove something sacred, like when Lord Carnarvon raided the Egyptian tomb. I had read all about Lord Carnarvon in a book on archaeology given to me by my father.

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Not White Enough, Not Black Enough

Posted in Africa, Articles, Media Archive, Politics/Public Policy, South Africa on 2012-02-15 19:56Z by Steven

Not White Enough, Not Black Enough

International Herald Tribune (The Global Edition of the New York Times)
2012-02-15

Eusebius McKaiser, political Analyst
Wits University, Johannesburg, South Africa

JOHANNESBURG – A few weeks ago, a British friend of mine served a sumptuous confession as a starter for dinner, “I only realized recently that you’re not actually black!” We had met several years back in the English midlands, where, judging by her remark, I had passed as black. But now that she has lived in South Africa for a few months, she is fluent in the local racial vocabulary: things are not quite black and white.

Let me explain. In South Africa I’m referred to as “colored,” a term that does not have the same derogatory denotation here as it does in the United States when it is hurled at black Americans. I am not black. I am of mixed racial heritage, as my parents are and their parents were.

When racist colonial settlers arrived at the southern tip of Africa during the 17th century, their racism did not preclude sexual relations with the locals. Several generations later, the colored community is ostensibly an ethnic group just like the Xhosas or the Zulus or any of the other myriad groupings within South Africa’s borders. It makes up  9 percent of the country’s population of 50.6 million.

…The lack of adequate economic opportunity for coloreds since the dawn of democracy here — combined with their lingering, paralyzing sense of victimhood — explains why the colored community is the most class-homogenous racial grouping in South Africa: an essentially poor, lower-working-class community. Very few of its members escape that stereotype.

In the Western Cape, the province with the largest concentration of colored people in the country, rates of fetal alcohol syndrome are some of the worst in the world. This community is like the drunken uncle of the South African family, the relative you tuck away when posh visitors come around. Paradoxically, many more colored people are worse off than black Africans now than were during apartheid…

Read the entire opinion piece here.

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The History and Evolution of Racism and Discrimination in Sierra Leone

Posted in Africa, History, New Media, Politics/Public Policy on 2012-02-11 01:58Z by Steven

The History and Evolution of Racism and Discrimination in Sierra Leone

The Sierra Leone Daily Mail
2012-02-10

In 1961, the independence constitution of Sierra Leone created a single nationality, without any distinction by race, ethnic group or sex. ‘Every person’ born in the former colony or protectorate who was a citizen of the United Kingdom and colonies or a British protected person on 26 April 1961 became a citizen of Sierra Leone on 27 April 1961, unless neither of his or her parents nor any of his or her grandparents was born in Sierra Leone.
 
The 1961 constitution also had an extensive bill of rights guaranteeing the protection of the rights of all individuals without discrimination. Thus, the small population of ‘Lebanese’ and the offspring of interracial marriages were all recognized as citizens of Sierra Leone. Within a year after independence, Sierra Leone’s constitutional provisions on citizenship were amended twice to become more restrictive and discriminate against individuals on the basis of race, colour and sex. First, the words ‘of negro African descent’ were inserted immediately after the words ‘every person’, to apply retroactively from the date of independence.
 
Then the non-discrimination clause that prohibited any law that is ‘discriminatory of itself or in its effect’ was amended to exclude laws relating to citizenship. Individuals who were not of ‘negro African descent’ but who had acquired citizenship by virtue of the 1961 constitution were thus stripped of their citizenship of Sierra Leone after less than a year. (In Britain, meanwhile, the 1962 Commonwealth Immigrants Act introduced for the  first time restrictions on immigration to Britain for citizens of former colonies. Though not explicitly racial in its language, the new provisions were aimed at non-white immigrants from the newly independent countries of Africa and the Caribbean; the effect was to leave some residents of former British colonies with no right of citizenship in any country.)…

…The change to the law was motivated by political considerations; in particular, to narrow the set of candidates eligible to contest elections due to be held in 1962, by depriving Lebanese and mixed-race Sierra Leoneans of the political rights conferred by citizenship. Subsequent laws restricted the rights of non-citizens to acquire property both in the Western Area (the historic colony, near Freetown) and in the provinces (though it did not take any right away from those non-citizens who had already purchased property in the Western Area)…

John Joseph Akar, a prominent mixed-race Sierra Leonean with political ambitions, became the best-known case of those affected by the changes to citizenship law and the face of efforts to reverse them. Akar’s mother was a black Sierra Leonean; his father was of Lebanese origin and thus not ‘of negro African descent’, though he had never visited Lebanon. When Sierra Leone became independent on 27 April 1961, Akar automatically became a citizen by operation of the constitution, as both he and one of his parents had been born in Sierra Leone. With the 1962 amendments, however, he lost his citizenship by birth; though he did apply for and was granted citizenship by registration. He challenged the amendments in court. In his application, he contended that the true intention of the amendments was to exclude persons not of ‘negro African descent’ from being elected to the House of Representatives. He succeeded in the High Court, but the Court of Appeal subsequently reversed the decision…

…Persons who were Afro-Lebanese (i.e. those whose mothers were black Sierra Leonean and whose fathers were not ‘negro’ African) could apply to be naturalized under this provision (though no procedures to do so were established). The 1973 Act does not define who is a ‘negro African’, and the 1962 amendment had also provided little clarity. The presumption was that the phrase meant black African, reducing the essential condition for the acquisition of citizenship to the colour of the person’s skin. Thus a black man’s children by a Sierra Leonean black woman were citizens by birth wherever they were born. A white or mixed-race man’s children by a Sierra Leonean woman could acquire Sierra Leonean citizenship only by naturalization. The 1983 Births and Deaths Registration Act reinforced this discrimination by requiring the officer registering a child’s birth to include the race of the child’s parents in the birth certificate…

Read the entire article here.

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Black, yellow, (honorary) white or just plain South African?: Chinese South Africans, identity and affirmative action

Posted in Africa, Articles, Asian Diaspora, Law, Media Archive, Politics/Public Policy, Social Science, South Africa on 2012-02-06 22:52Z by Steven

Black, yellow, (honorary) white or just plain South African?: Chinese South Africans, identity and affirmative action

Transformation: Critical Perspectives on Southern Africa
Number 77 (2011)
pages 107-121
DOI: 10.1353/trn.2011.0043

Yoon Jung Park, Senior Researcher in the Centre for Sociological Research
Humanities Research Village
University of Johannesburg

On 18 June 2008, while the country was still reeling from outbreaks of xenophobic violence, the Pretoria High Court issued an order proclaiming that the Chinese South Africans fall within the broad definition of ‘black people’ as contained in the nation’s affirmative action policies. Reaction to the decision was swift, angry and overwhelmingly negative; across the board, South Africans were in disbelief that the Chinese South Africans could be viewed as ‘black’. In this essay the author, a Korean American long resident in South Africa, addresses concerns about affirmative action and argues that these race-based policies are re-racialising the country. Chinese South Africans have long held an ambiguous, confused, in-between position in South Africa. In light of continuing new Chinese migration to the country, the global rise of China and its growing influence on South Africa’s economy and polity, the place and position of Chinese South Africans is further confused. Seen through the lens of the Chinese South African case, affirmative action policies impede progress toward building an inclusive, racially diverse national identity. So long as rewards are doled out solely on the basis of blackness, and blackness increasingly becomes the principal defining characteristic of South Africanness, South Africa fails to construct a national identity that reflects its history and its diversity.

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