the demand for statistical recognition of mixed-race persons—and acknowledgement of all aspects of an individual’s racial identity—is occurring within a sociopolitical context that values White ancestry and denigrates non-White ancestry.

Posted in Excerpts/Quotes on 2013-03-07 04:22Z by Steven

Accordingly, the demand for statistical recognition of mixed-race persons—and acknowledgement of all aspects of an individual’s racial identity—is occurring within a sociopolitical context that values White ancestry and denigrates non-White ancestry. In such a racial caste system, it is impossible to acknowledge mixed-race persons officially without actually elevating the status of those who can claim to be other than “pure” Black, no matter how egalitarian the intent of the MCM [Multiracial Category Movement]. This same elevation of mixed-race classes is evident in various Latin American countries and in apartheid South Africa in ways that powerfully illuminate the implications of furthering multiracial discourse in the United States.

Tanya Katerí Hernández, “‘Multiracial’ Discourse: Racial Classifications in an Era of Color-blind Jurisprudence,” Maryland Law Review, Volume 57, Issue 1 (1998): 121. http://digitalcommons.law.umaryland.edu/mlr/vol57/iss1/5/.

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“Multiracial” Discourse: Racial Classifications in an Era of Color-blind Jurisprudence

Posted in Articles, Census/Demographics, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2013-03-07 00:08Z by Steven

“Multiracial” Discourse: Racial Classifications in an Era of Color-blind Jurisprudence

Maryland Law Review
Volume 57, Issue 1 (1998)
pages 97-173

Tanya Katerí Hernández, Professor of Law
Fordham University

  • INTRODUCTION
  • I. THE BACKGROUND AND MOTIVATION OF THE MULTIRACIAL CATEGORY MOVEMENT
  • II. THE ADVERSE CONSEQUENCES OF MULTIRACIAL DISCOURSE
    • A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy
    • B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts
    • C. The Continuation of the Color-Blind Jurisprudence Trajectory
      • 1. The Historical Meaning of Race Expelled from Analysis of Racial Discrimination
      • 2. Societal Discrimination Expelled from Analysis of Racial Discrimination
      • 3. The Judicial View of Race-Conscious Equality Measures as Harmful Stereotyping
      • 4. The Judicial Excision of Race from Racial Discrimination Discourse
    • D. Measurement of Racial Progress Hindered
  • III. A RACE-CONSCIOUS RACIAL CLASSIFICATION PROPOSAL
  • CONCLUSION

Introduction

The debate, in short, is really not so much about a multiracial box as it is about what race means-and what it will come to mean as the society approaches the millennium.
—Ellis Close

For the past several years, there has been a Multiracial Category Movement (MCM) promoted by some biracial persons’ and their parents for the addition of a “multiracial” race category on the decennial census. The stated aim of such a new category is to obtain a more specific count of the number of mixed-race persons in the United States and to have that tallying of mixed-race persons act as a barometer and promoter of racial harmony. As proposed, a respondent could choose the “multiracial” box in lieu of the presently listed racial classifications of American Indian or Alaskan Native, Asian or Pacific Islander, Black, White, or Other. The census schedule also includes a separate Hispanic Origin ethnicity question. On October 29, 1997, the U.S. Office of Management and Budget (OMB) adopted a federal Interagency Committee recommendation to reject the multiracial category in favor of allowing individuals to check more than one racial category. Some MCM proponents are not satisfied with the OMB’s decision, because multiple box checking does not directly promote a distinct multiracial identity.  These MCM proponents are committed to continue lobbying for a multiracial category on the 2010 census. Further, an OMB official has indicated that the issue of a multiracial category might be reconsidered with an increase in mixed-race persons. Yet, the significance of the MCM extends beyond the actual decision of whether and how mixed-race persons should be counted.

The discourse surrounding the advocacy for a census count of mixed-race persons has social and legal ramifications apart from the limited context of revising a census form. The principle underlying this Article is that the law should be understood in terms of its social consequences. From a legal-realist perspective, it is important to scrutinize the neutral discourse characteristic among those proposing a legally mandated mixed-race census count. Such analysis exposes its moral and political significance and ramifications. “[L]anguage… can powerfully evoke and enforce hidden signs of racial superiority, cultural hegemony, and dismissive ‘othering’ of people.” The power of discourse arises from its ability to construct a public narrative and
then obstruct counter-explanations for social reality.

Multiracial discourse contends that a mixed-race census count is necessary because race has become too fluid to monitor. The theory posits that the inability to identify psychologically with just one racial category is inherent to mixed-race persons alone and that the growing number of mixed-race persons demonstrates the futility of racial categorization as a practice. For instance, MCM proponents often refer to the growing numbers of persons who choose the “Other Race” category to support the premise that the racial categories are inadequate for mixed-race persons. The multiracial narrative of modern race being more fluid than in the past corresponds with and reinforces the color-blind jurisprudence presentation of race as devoid of meaning. Thus, “multiracial discourse” has an immediate meaning as the rhetoric deployed in the campaign for a specific count of mixed-race persons, and a more expansive meaning as the approach to race that views the increasing diversity of society as deconstructing and transcending race. Multiracial discourse misconstrues the meaning of race used in the group measurement of racial disparity, with an individual focused assessment of fluid cultural identity. Such a view of race negates its sociopolitical meaning26 and thereby undermines effective legal mechanisms to ameliorate racial discrimination. In fact, the MCM can be viewed as a metonym for the more general colorblind approach to race evident in recent Supreme Court cases.

Both the immediate and expansive meanings of “multiracial discourse” are interrelated and involve a highly politicized discourse. Accordingly, this Article shall question the assumptions that underlie both levels of meaning in order to assess the continuing significance of the racial classifications that multiracial discourse challenges. This analysis reveals that although multiracial discourse may seem benign and appealing on a humanitarian level, its implementation will produce counter-egalitarian results in the struggle for racial equality. The MCM’s campaign for color-blind treatment of racial hierarchy cloaks the racial significance of ostensibly race-neutral laws, as the Supreme Court’s recent movement toward color-blind anti-discrimination jurisprudence has done.

Because of the manner in which the census context highlights the dangers of multiracial discourse to racial justice efforts, this Article will focus upon the census as a well-known paradigm for the way racial classifications function. In particular, to demonstrate the folly of color-blind approaches to race issues, the author enlists the debate centered on the demand for a census count of mixed-race persons. Because the census is the cornerstone of the federal statistical system, the battle over the reform of the census racial classifications is significant and far-reaching.The census reflects in large measure the nation’s struggle over how human beings will be known politically in a racially stratified society.  The debate over a multiracial category reveals an intriguing aspect about how we conceptualize race. An examination of multiracial discourse reveals that multiracial-category proponents misperceive the meaning of race relevant to the census inquiry by conflating a cultural approach to race with a sociopolitical approach to race. Therefore, this Article analyzes the widespread legal ramifications of the MCM and assesses whether the MCM’s proposal effectively advances its stated goal of promoting racial equality. After analyzing the legal import of multiracial discourse, the Article determines that the MCM misperception of race and its fluidity inadvertently furthers the progression of color-blind jurisprudence in direct contravention of the MCM goal of promoting racial equality. Part I provides background and identifies the motivating forces behind the MCM as a color-blind movement. Part II critiques the MCM for its adverse effects upon racial justice efforts in furthering the manner in which color-blind jurisprudence disregards actual experiences of racial discrimination in the promotion of White supremacy. Part III proposes a race-conscious classification system, which reflects the sociopolitical nature of race, to monitor racial discrimination more effectively and to dislodge the force of multiracial discourse…

Read the entire article here.

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Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response

Posted in Books, Brazil, Caribbean/Latin America, Law, Media Archive, Monographs, Social Science on 2013-01-14 18:56Z by Steven

Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response

Cambridge University Press
October 2012
254 pages
2 maps; 1 table
228 x 152 mm
Hardback ISBN: 9781107024861
Paperback: 9781107695436
Adobe Ebook Reader ISBN: 9781139786676

Tanya Katerí Hernández, Professor of Law
Fordham University, New York

There are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America’s legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies. Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a “post-racial” rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.

Features

  • Provides a comprehensive examination of the entire Latin American region with regard to racial inequality
  • Hernández is the first author to thoroughly consider the role of customary law in erecting and sustaining racial hierarchies
  • Offers a comprehensive examination of development of racial equality laws across the region

Contents

  • Maps
  • 1. Racial Innocence and the Customary Law of Race Regulation
  • 2. Spanish America Whitening the Race – the Un(written) Laws of Blanqueamiento and Mestizaje
  • 3. Brazilian “Jim Crow”: The Immigration Law Whitening Project and the Customary Law of Racial Segregation – a Case Study
  • 4. The Social Exclusion of Afro-Descendants in Latin America Today
  • 5. Afro-Descendant Social Justice Movements and the New Antidiscrimination Laws
  • 6. Brazil: At the Forefront of Latin American Race-Based Affirmative Action Policies and Census Racial Data Collection
  • 7. Conclusion: The United States–Latin America
  • Connections
  • Appendix A: Afro-Descendant Organizations in Latin America
  • Appendix B: Typology of Latin American Racial Antidiscrimination Measures
  • Bibliography
  • Index

I don’t think there is much racism in [Latin] America because we are a mix of races of all kinds of Europeans, Africans, Asians, and other races that were or will be; but I understand that in many other parts there is racism, above all in the United States and Europe, is where there is the most racism.1

There are approximately 150 million people of African descent in Latin America, representing about one-third of the total population (see Maps 1 and 2). Yet, these are considered conservative demographic figures given the histories of undercounting the number of persons of African descent on Latin American national censuses and often completely omitting a racial/ethnic origin census question. At the same time, persons of African descent make up more than 40 percent of the poor in Latin America and have been consistently marginalized and denigrated as undesirable elements of the society since the abolition of slavery across the Americas. Yet, the view that “racism does not exist” is pervasive in Latin America despite the advent of social justice movements and social science researchers demonstrating the contrary. When the BBC surveyed Latin Americans in 2005 regarding the existence of racism, a significant number of respondents emphatically denied the existence of racism. Many, for instance, made statements such as “Ibero-Americans are not racist,” and “Ibero-America is not a racist region, for the simple fact that the majority of the population is either indigenous, creole, or mixed.”

Thus the denial of racism is rooted in what many scholars have critiqued as the “myth of racial democracy” – the notion that the racial mixture (mestizaje/mestiçagem) in a population is emblematic of racial harmony and insulated from racial discord and inequality. Academic scholarship has in the last twenty years critiqued Latin American “mestizaje” theories of racial mixture as emblematic of racial harmony. Yet, Latin Americans still very much adhere to the notion that racial mixture and the absence of Jim Crow racial segregation are such a marked contrast to the U.S. racial history that the region views itself as what I term “racially innocent.” Indeed, the extensive survey data from the Latin American Public Opinion Project’s “Americas Barometer 2010” demonstrates that biased Latin American racial ideologies have not completely evolved despite the existing scholarly critiques of mestizaje as a trope of racial innocence. For instance, in the Americas Barometer 2010 survey of Bolivia, Brazil, Colombia, Dominican Republic, Ecuador, Guatemala, Mexico, and Peru, the vast majority of the country populations (of all races) agreed with the mestizaje notion that “racial mixture is good for the country.” In fact, more than 75 percent of all respondents agreed with the statement and largely endorsed the idea of interracial marriages. Yet, the Americas Barometer data also show that for those Latin Americans who did express disagreement with the idea of their children marrying black partners, the opposition level was dramatically greater from white respondents in contrast to black respondents. Specifically, in those countries where the Americas Barometer asked whether there was disagreement with one’s own children marrying a black person, such as Brazil, Colombia, the Dominican Republic, and Ecuador, the opposition by whites to interracial black marriages was on average 60 percent greater than the opposition of blacks to such marriages. (Other countries were asked about marriage to a person of indigenous descent.) These results thus accord with the long-standing data that marriage patterns in Latin America are generally racially endogamous.

The Americas Barometer 2010 data also indicate that white respondents in several Latin American countries are considerably more likely than other groups to state a preference for lighter skin. For instance, in Colombia, Ecuador, and the Dominican Republic, on average 26 percent of white respondents agreed that they would prefer lighter skin, in contrast to the 13 percent average of black respondents who prefer lighter skin. In Mexico and Peru, blacks on average had greater rates of preference for lighter skin (37%) than whites (26%). In Brazil the rate of white preference for lighter skin closely approximated blacks’ lighter-skin preference rate. Even socialist Cuba continues to manifest a preference for whiteness and a white opposition to interracial marriage. Moreover, in a 2004 comparison of implicit and explicit racial bias in the United States, Cuba, the Dominican Republic, and Puerto Rico, the rates of both implicit and explicit racial bias were higher in all three Latin American contexts as compared to the United States. Thus despite the overwhelming articulation of mestizaje as an indicator of racial harmony across much of Latin America and the different ways that it is articulated within each country, attitudes of racial distinction and superiority persist beneath the celebration of racial mixture. In part, the absence of a legal critique of the Latin American comparisons to the Jim Crow United States has enabled the Latin American “racial innocence” stance to remain. This book seeks to fill in that gap in the literature and provide the legal critique.

Specifically, this book is about the ways in which the Latin American denial of racism operating in conjunction with the notion that true racism can only be found in the racial segregation of the United States veils the actual manifestations of racism in Latin America. I will argue that an examination of the role of the state after the abolition of slavery in regulating race through immigration law and customary law disrupts this picture of Latin America as “racially innocent.” I will then assess the ways in which the contemporary Latin American antidiscrimination laws seek to eradicate the legacy of racial inequality wrought by the historic racism of the state. Finally, I will conclude the book with insights as to how the examination of the Latin American context may be helpful to the U.S. racial justice movement today, given the growing denial of the existence of racism in the United Sates. In doing so, I shall adopt the term “Afro-descendants,” which Latin American race scholars and social justice movement actors use to encompass all persons of African descent in Latin America who are affected by antiblack sentiment whether or not they personally identify as “black” or adopt a mixed-race identity such as mulatto or mestizo. This book will not focus upon the racial inequality issues of indigenous groups in Latin America given the extensive literature that already exists regarding that topic. Instead the analysis will focus upon the particular history of Afro-descendants’ relationship to the state as formerly enslaved subjects seeking visibility as citizens and full participants in the national identity despite the societal denial of racism…

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Census Race Change For Hispanics Sparks Criticism

Posted in Articles, Census/Demographics, Latino Studies, Law, Media Archive, Politics/Public Policy, United States on 2013-01-14 18:08Z by Steven

Census Race Change For Hispanics Sparks Criticism

The Huffington Post
2013-01-09

Tony Castro

Some Latino civil rights groups are questioning the U.S. Census consideration of designating Hispanics a race of their own, fearing the loss of national original designations.

The change, making “Hispanic” a racial instead of an ethnic category, would eliminate the check-off boxes for national origins such as Mexican, Cuban and Puerto Rican.

“There is no unanimity on what any of this stuff means,” says Angelo Falcón, director of the National Institute for Latino Policy and co-chair of a coalition of Latino advocacy groups that recently met with Census officials.

“Right now, we’re very comfortable with having the Hispanic (origin) question… Hispanic as a race category? I don’t think there’s any consensus on that.”

Scholars oppose “Hispanic” being considered a race

Fordham University law professor Tanya Hernández, author of the new book Racial Subordination in Latin America, is among the scholars opposing the proposal to join race and ethnicity as a “Hispanic” category.

“Census data is used in very important ways, for example to monitor compliance regarding civil rights and racial disparities,” says Hernandez, who fears that eliminating existing racial categories would have a negative impact…

Read the entire article here.

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The Shifting Race-Consciousness Matrix and the Multiracial Category Movement: A Critical Reply to Professor Hernandez

Posted in Articles, Law, Media Archive, Politics/Public Policy, United States on 2012-04-01 17:10Z by Steven

The Shifting Race-Consciousness Matrix and the Multiracial Category Movement: A Critical Reply to Professor Hernandez

Boston College Third World Law Journal
Volume 20, Issue 2 (May 2000)
pages 231-289

Reginald Leamon Robinson, Professor of Law
Howard University

In this article, the author posits that race as an idea begins with consciousness that reinforces that race is real and immutable. The Multiracial Category Movement can shift our race consciousness away from traditional ways of thinking, talking, and using race. The Movement moves us beyond binary race thinking, and this new thinking shifts the extant race consciousness matrix. It also frees our consciousness so that we can personally and politically acknowledge our biracial and multiracial identities, and it perforce alters the traditional political meaning of race. Legal scholars like Professor Tanya Hernandez argue for the political meaning of race against a remediating balm against the color-blind jurisprudence, weakening of civil right protections, and pigmentocracy. While these new identities can promote color-blind jurisprudence by conservatives and pigmentocracy by those fleeing the oppressive constraints of traditional racial categories, the author argues against Hernandez and for the Movement’s paradigm shifting possibilities.

Read the entire article here.

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The White supremacist underpinnings of the racial mixture as racial utopia concept…

Posted in Excerpts/Quotes on 2011-12-10 05:16Z by Steven

The White supremacist underpinnings of the racial mixture [in Brazil] as racial utopia concept are made even more evident when one considers the intersectional gender and race specificity regarding the discourse of racial mixture. White elite women are completely precluded from the idealization of racial mixture. Their racial purity and class status are not implicated in the mestiçagem/cult of racial mixture; they are meant to continue the production of an elite white class. Instead, it is the intimacy of black women with white men that is the focus of national racial mixture and its presumed ability to decrease the Black presence within the nation. Further, while interracial intimacy is viewed as the prerogative of all white men, only working-class men are viewed as the appropriate marriage partners of black women. The gendered racism of the trope of racial mixture is also prevalent across Latin America.

Tanya Katerí Hernández, “The Value of Intersectional Comparative Analysis to the “Post-Racial” Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study,” Connecticut Law Review, Volume 43, Number 5 (2011): 1407-1437.

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The Value of Intersectional Comparative Analysis to the “Post-Racial” Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study

Posted in Articles, Brazil, Caribbean/Latin America, History, Law, Media Archive, Social Science, United States, Women on 2011-12-10 04:42Z by Steven

The Value of Intersectional Comparative Analysis to the “Post-Racial” Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study

Connecticut Law Review
Volume 43, Issue 5 (July 2011)
pages 1407-1437

Tanya Katerí Hernández, Professor of Law
Fordham University

This Commentary Article aims to illustrate the value of comparative law to the jurisprudence of Critical Race Theory (CRT), particularly with reference to the CRT project of deconstructing the mystique of “postracialism.” The central thesis of the Article is that the dangerous seductions of a U.S. ideology of “post-racialism” are more clearly identified when subject to the comparative law lens. In particular, a comparison to the Brazilian racial democracy version of “post-racialism” is an instructive platform from which to assess the advisability of promoting post-racial analyses of U.S. racial inequality. In Part I the Article introduces the value of comparative law to the future development of CRT. Part II provides an overview of Brazilian “post-racial” discourse. Part III then details the quantitative and qualitative indicators of racial discrimination and intersectional race and gender discrimination in Brazil. Part IV focuses upon the Brazilian legal opposition to post-racialism as evidenced by a recent intersectional anti-discrimination case. The Article then concludes that the critical comparative examination of the Brazilian version of “post-racialism” assists in elucidating the concrete counterintuitive harms of a “post-racial” perspective in the United States.

ARTICLE CONTENTS

  • I. INTRODUCTION
  • II. BRAZILIAN “POST-RACIAL” RACIAL DISCOURSE
  • III. QUANTITATIVE AND QUALITATIVE INDICATORS OF DISCRIMINATION IN BRAZIL
  • IV. THE INTERSECTIONAL POSITION OF AFRO-BRAZILIAN WOMEN
  • V. THE INTERSECTIONAL CASE OF TIRIRICA

I. INTRODUCTION

In her article in this volume, Twenty Years of Critical Race Theory: Looking Back To Move Forward, Kimberlé Williams Crenshaw turns her attention to considering the “contemporary significance of CRT’s trajectory in light of today’s ‘post-racial’ milieu.” Post-racialism is characterized by a public policy agenda of colorblind universalism rooted in the assertion that society has transcended racism. Post-racialism incorporates colorblindness but is distinct in extending beyond the colorblindness retreat from race as primarily an aspiration for eliminating racism. In contrast, the rhetoric of post-racialism contends that racism has already been largely transcended.

In Crenshaw’s consideration of post-racialism she notes that the present challenge to Critical Race Theory (CRT) is to preclude an “overinvestment in the symbolic significance” of post-racialism as a racial frame that disregards manifestations of racial inequality in its celebration of formal equality and a colorblindness that equates the articulation of racial concerns with an act of racism. Crenshaw convincingly demonstrates the fallacy of post-racialism and the simultaneous difficulty in dispelling it, given the contemporary racial fatigue and public desire to foreclose any discussions of race. To combat the Obama mania that Crenshaw notes sanctions all talk of racism as a racial grievance itself, Crenshaw urges CRT to develop a broader project “to remap the racial contours in the way that people see the world that we live in—then in so doing . . . create a new set of possibilities for racial-justice advocates.” Crenshaw urges that the “next turn in CRT should be decidedly interdisciplinary, intersectional and cross-institutional.” In this Commentary Article, I would like to suggest that the next turn in CRT also focus more deeply on comparative law.

Because the post-racialism racial frame casts a veil which hinders the ability to see racial disparities and understand them as connected to various forms of racial discrimination, what is needed is a mechanism for refocusing the U.S. racial lens. Comparative law can make a useful contribution in the effort to refocus the racial lens. A key insight from comparative law is its “potential for sharpening, deepening and expanding the lenses through which one perceives law,” because of its ability to “challenge entrenched categorizations and fundamental assumptions in one’s own and others’ legal cultures.” Indeed, anthropologists have long noted that we cannot fully see and appreciate our own “culture” until we have compared it to that of another. A number of CRT scholars and related LatCrit [Latino Critical Race Studies] scholars have started the project of incorporating a comparative law component into CRT and the associated endeavor of applying CRT to non-U.S. legal jurisdictions. What I am underscoring in this Article is the particular usefulness that comparative law presents for the specific project of combating the post-racialism racial frame. This is because contemporary U.S. CRT scholars can only set forth conjectures about the future long-term dangers of post-racial rhetoric (such as hindering the pursuit of racial equality by shutting down any discussion of race in favor of equating racial disparities with cultural deficiencies and socio-economic disadvantages). In contrast, a comparative consideration of another region in which a form of post-racialism has long existed provides the opportunity to examine the actual adverse consequences of post-racial rhetoric.

As a vehicle for illustrating the value of comparative law to the CRT project of dismantling the post-racialism racial frame, I shall provide a comparative analysis of an instructive Brazilian intersectionality case. Because Brazil is a country that has long claimed that all racial distinctions were abandoned with the abolition of slavery, it is an instructive platform from which to assess the viability of contemporary assertions of postracialism in the United States. Yet, as shall be discussed below, growing discrimination jurisprudence in Brazil shows the longstanding post-racial assertion to be false. To the extent that a century-old claim to a form of post-racialism in Brazil is shown to be a fallacy, the many parallels that exist between Brazil and the United States enable a salient critique of U.S. post-racialism. In particular, because of their objectified and denigrated status, examining the treatment of Black women as an intersectional matter, helps to demystify the barriers to productive transnational comparisons of racial ideologies between the United States and Latin America. In order to be concrete, I shall focus on a recent intersectional discrimination case that was litigated in Brazil. But before discussing the case, it will be helpful to first explain the contours of the “post-racial” Brazilian racial ideology.

II. BRAZILIAN “POST-RACIAL” RACIAL DISCOURSE

Like the United States, Brazil is a racially diverse nation with a significant number of persons of African descent stemming from the country’s history of slavery. Yet Brazil’s involvement in the African slave trade was even longer and more intense than that of the United States. This accounts for the fact that, aside from Nigeria, Brazil is the nation with the largest number of people of African descent in the world. After emancipation, Brazil continued to be a racially divided nation, but occasionally provided social mobility for a few light-skinned mixed-race individuals. This social mobility was directly tied to the racist nationbuilding concepts of branqueamento (whitening) and mestiçagem (racial mixing/miscegenation), which can best be described as campaigns to whiten the population through a combination of European immigration incentives and the encouraging of racial mixture in order to diminish over time the visible number of persons of African decent. Indeed, the social recognition of the racially-mixed racial identity of mulato/pardo was a mechanism for buffering the numerical minority of white-identified elite Brazilians from the discontent of the vast majority of persons of African descent. Greater symbolic social status and occasional economic privilege were accorded based on one’s light skin color and approximation of a European phenotype, which simultaneously denigrated Blackness and encouraged individuals to disassociate from their African ancestry. It should be noted that in terms of concrete economic benefits, few mulattoes radically superseded the status of those Afro-descendants viewed as “Black.” Rather, the recognition of mulattoes as racially distinctive from Blacks served primarily as a kind of “psychological wage” associated with the prestige of approximating whiteness without any significant groupwide monetary benefit for such status. As a result, Brazil was able to maintain a rigid racial hierarchy that served white supremacy in a demographically-patterned society where people of African descent approximated and sometimes even outnumbered the white elite. This is in marked contrast to the demographic pattern in the United States, where, with just a few exceptions, Blacks have always been a numerical minority and have thus been more vulnerable to the white majority’s enforcement of Jim Crow racial segregation after emancipation from slavery. In Brazil, with its greater population of people of African descent, the ideological use of the “mulatto escape hatch” was such an effective tool of racial subordination that Jim Crow legal segregation was never needed and all racial justice movements were efficiently hindered. But it was the absence of Jim Crow in Brazil that later enabled the nation to promote itself as a country in which racial mixture had created a racially harmonious society. In fact, until recently, it has been a firmly entrenched notion that Brazil was a model of race relations that could be described as a “racial democracy” exemplified by racial fluidity in its racial classification practices. Hence, post-racialism in Brazil, and much of Latin America is characterized by a negation that racism exists after the abolition of slavery. The denial of racism is justified by the racial mixture of the population which has presumably “transcended” racism. Existing racial disparities are instead attributed to the cultural deficiencies and socio-economic disadvantages of Afro-Brazilians. As a result, those who raise the issue of racial discrimination are viewed as racist themselves. These facets of Brazilian post-racialism closely parallel the rhetoric of post-racialism in the United States and the related fascination with racial mixture as emblematic of racial harmony

Read the entire article here.

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Shades of Difference: Why Skin Color Matters

Posted in Africa, Anthologies, Books, Brazil, Caribbean/Latin America, Identity Development/Psychology, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2011-04-02 18:04Z by Steven

Shades of Difference: Why Skin Color Matters

Stanford University Press
2009
312 pages
11 tables, 15 figures, 16 illustrations
Cloth ISBN: 9780804759984
Paper ISBN: 9780804759991
E-book ISBN: 9780804770996

Edited by:

Evelyn Nakano Glenn, Professor of Asian American Studies
University of California, Berkeley

Shades of Difference addresses the widespread but little studied phenomenon of colorism—the preference for lighter skin and the ranking of individual worth according to skin tone. Examining the social and cultural significance of skin color in a broad range of societies and historical periods, this insightful collection looks at how skin color affects people’s opportunities in Latin America, Asia, Africa, and North America.

Is skin color bias distinct from racial bias? How does skin color preference relate to gender, given the association of lightness with desirability and beauty in women? The authors of this volume explore these and other questions as they take a closer look at the role Western-dominated culture and media have played in disseminating the ideal of light skin globally. With its comparative, international focus, this enlightening book will provide innovative insights and expand the dialogue around race and gender in the social sciences, ethnic studies, African American studies, and gender and women’s studies.

Contents

    Contributors

  • Introduction: Economies of ColorAngela P. Harris
  • Part I The Significance of Skin Color: Transnational Divergences and Convergences
    • 1. The Social Consequences of Skin Color in Brazil—Edward Telles
    • 2. A Colorstruck World: Skin Tone, Achievement, and Self-Esteem Among African American Women—Verna M. Keith
    • 3. The Latin Americanization of U.S. Race Relations: A New Pigmentocracy—Eduardo Bonilla-Silva and David R. Dietrich
  • Part II Meanings of Skin Color: Race, Gender, Ethnic Class, and National Identity
    • 4. Filipinos and the Color Complex: Ideal Asian Beauty—Joanne L. Rondilla
    • 5. The Color of an Ideal Negro Beauty Queen: Miss Bronze 1961-1968—Maxine Leeds Craig
    • 6. Caucasian, Coolie, Black, or White? Color and Race in the Indo-Caribbean Diaspora—Aisha Khan
    • 7. Ihe Dynamics of Color: Mestizaje, Racism, and Blackness in Veracruz, Mexico—Christina A. Sue
  • Part III Consuming Lightness: Modernity, Transnationalism, and Commodification
    • 8. Skin Tone and the Persistence of Biological Race in Egg Donation for Assisted Reproduction—Charis Thompson
    • 9. Fair Enough? Color and the Commodification of Self in Indian Matrimonials—Jyotsna Vaid
    • 10. Consuming Lightness: Segmented Markets and Global Capital in the Skin-Whitening Trade—Evelyn Nakano Glenn
    • 11. Skin Lighteners in South Africa: Transnational Entanglements and Technologies of the Self—Lynn M. Thomas
  • Part IV Countering Colorism: Legal Approaches
    • 12. Multilayered Racism: Courts’ Continued Resistance to Colorism Claims—Taunya Lovell Banks
    • 13. The Case for Legal Recognition of Colorism Claims—Trina Jones
    • 14. Latinos at Work: When Color Discrimination Involves More Than Color—Tanya Katerí Hernandez
  • Acknowledgments
  • Notes
  • Index

Read the Introduction here.

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The Shifting Race-Consciousness Matrix and the Multiracial Category Movement: A Critical Reply to Professor Hernandez

Posted in Articles, Law, Media Archive, United States on 2011-01-11 23:17Z by Steven

The Shifting Race-Consciousness Matrix and the Multiracial Category Movement: A Critical Reply to Professor Hernandez

Boston College Third World Law Journal
Volume 20, Number 2 (Spring 2000)
pages 231-290

Reginald L. Robinson, Professor of Law
Howard University

In this article, the author posits that race as an idea begins with consciousness that reinforces that race is real and immutable. The Multiracial Category Movement can shift our race consciousness away from traditional ways of thinking, talking, and using race. The Movement moves us beyond binary race thinking, and this new thinking shifts the extant race consciousness matrix. It also frees our consciousness so that we can personally and politically acknowledge our biracial and multiracial identities, and it perforce alters the traditional political meaning of race. Legal scholars like Professor Tanya Hernandez argue for the political meaning of race against a remediating balm against the color-blind jurisprudence, weakening of civil right protections, and pigmentocracy. While these new identities can promote color-blind jurisprudence by conservatives and pigmentocracy by those fleeing the oppressive constraints of traditional racial categories, the author argues against Hernandez and for the Movement’s paradigm shifting possibilities.

Introduction

Although we socially, historically, and psychologically co-create racism and white supremacy, race is not biologically factual. It is not real. As such, race does not have any meaning that survives its social and historical context. Race exists, if ever, in our individual and cultural consciousness. If we do not constantly and consciously meditate on it, race cannot exist. Unfortunately, we fuel this social construct with our mental kindling and intellectual logs. Race, racism, and white supremacy exist because we—individually and collectively—create it, enforce it, and sustain it. Thus, it is our race consciousness and its attendant behavior that remain the apt locus for racism and white supremacy. We consciously create race by externalizing what we think about, for example, blacks. This race-thinking—or externalizing—constructs our liberal world, and this world in turn constructs us. As Jerome Bruner would perhaps argue, race for all of us is the “out there” that first exists “in here.” In this way, race is not only constructed but is also a consciousness matrix.

Basically, if race arises from a consciousness matrix, does race necessarily have an essential meaning outside of how we think, use and talk about race? I think not! Thinking, talking, and using give race its life force, content, and meaning (e.g., racism). Without our thinking, talking, and using, race loses its practical, social function, and we need never experience the individual and collective pain that follows consciously or otherwise when we force people to separate unnaturally from each other. Unfortunately, if we continue to think, talk, and use race, we—blacks, whites, and others—co-create these venal experiences. And then we become drunk and sickened by the nasty mead we have created, and in this drunken stupor, we forget that we originated race and racism, proclaiming instead that race and racism not only reside in a great unreachable beyond but also remain external, objective, and real.

We rarely ask if race’s meaning exists beyond our consciousness, and we rarely ponder how absolutely central our role is in race’s oppressive meaning. Ultimately, then, it is as if we—blacks, whites, and others—walk into a well-lit room, turn out the lights, forget about the light switch, and then curse the darkness. Because we turned out the light, the idea of darkness must already have existed within our consciousness. By dimming the light, we sought the dark. After we create darkness, then we alienate ourselves from each other by becoming vested in our racialized roles, all the while blaming the liberal state for solely creating race and for deliberately giving race its particularly venal content. Hardly! For dark, fearful reasons, blacks and whites prefer a race consciousness. Why? I think blacks and whites prefer thinking, talking, and using race and race consciousness because each group seeks power, innocence, control, irresponsibility, etc. Worst of all, we foolishly believe that “blackness” or “whiteness” represents our true, spiritual identity and our true beingness.

What nonsense! Again, blacks and whites act as if they cannot respond to how they have allowed themselves to think, talk, and use race. In the end, we become the “blackness” or “whiteness” and its venal content. If we account for a given culture’s collective consciousness, no great, oppressive force exists beyond our own consciousness. Perhaps Pogo was right: we have met the racists, bigots, and fools, and they are us. In this way, race’s meaning is always first “in here” (i.e., matrix consciousness).25

This matrix of race consciousness—race thinking and its meaning—comes under direct attack from the Multiracial Category Movement (MCM). With this MCM, we can weaken our narrow fixation on a singular racial identity, and by broadening our racial lenses, we can achieve at least five goals. First, we can shift our race consciousness. Second, we can destabilize racial categories completely. Third, we can think, talk, and use “race” categories toward a higher, Spiritual end. Fourth, we can eradicate all racial categories. Fifth, we can begin to relate to each other as Spirit beings, despite the different “color” garb we may choose in a given lifetime. In this critical essay, I evaluate Professor Tanya Katerí Hernández’s article, “Multiracial” Discourse: Racial Classifications in an Era of Color-Blind Jurisprudence, and I proceed in the following way. First, I briefly flesh out the problem of a race-consciousness matrix. Then, I argue that the MCM does not in and of itself privilege white over black. Third, the MCM creates a challenge and an opportunity for perhaps yet unimagined social liberty and legal equality. Fourth, the MCM does not perforce invigorate color-blind jurisprudence and thus white supremacy…

Read the entire article here.

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Multiracial Matrix: The Role of Race Ideology in the Enforcement of Anti-Discrimination Laws, a United States – Latin America Comparison

Posted in Articles, Caribbean/Latin America, Law, Media Archive, United States on 2010-02-11 02:53Z by Steven

Multiracial Matrix: The Role of Race Ideology in the Enforcement of Anti-Discrimination Laws, a United States – Latin America Comparison

Cornell Law Review
Volume 87, Number 5 (July 2002)
Cornell University Law School

Tanya Katerí Hernández, Professor of Law
Fordham University

This Article examines the role of race ideology in the enforcement of antidiscrimination laws.  Professor Hernández demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America.  The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and diverse racial demography will resolve racial problems; (2) fluid racial classification schemes are an indicator of racial progress and the colorblind abolition of racial classifications an indicator of absolute racial harmony; (3) racism is solely a phenomenon of aberrant racist individuals; and (4) focusing on race is itself racist.  Because the multiracial matrix parallels much Latin American race discourse, Professor Hernández conducts a comparative analysis between U.S. and Latin American anti-discrimination law enforcement practices.  Professor Hernández concludes that the new race ideology bolsters the maintenance of race hierarchy in a racially diverse population.  Consequently, an uncritical embrace of the new race ideology will hinder the enforcement of antidiscrimination law in the United States.  Professor Hernández proposes that a greater focus on racism as a global issue that treats race as a political identity formation will assist in the recognition of the civil rights dangers of a multiracial matrix.

Read the entire article here.

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