Beyond Culture Shock: African and Western Values Revisited8 min read.
The aspiration for common ground and common values is merely a delusion of those of military might. The less powerful retain a great deal of agency to reject outright those practices and values they find either unsuitable to their contexts or completely repugnant to their traditions.
Lately, that old conversation on the contest between African and Euro-American beliefs and values has found renewed energy. So, as Rwandan President Paul Kagame would sternly ask recently at the margins of the CHOGM meeting in Kigali, “Who defines those values?”
African and Western values are still seen as problematically and diametrically opposed to each other despite co-existing in a global village. “Why is that so?” European journalists, academics and diplomats ask themselves after working for five years in an African capital, and after seeing no difference between elite Nairobi and elite London. Why should we not have the same sensibilities? Consider the ways in which Nairobians and Londoners make their livelihoods, which is by renting out their labour for eight to twelve hours every day. Even the anti-capitalism activists in Nairobi or Kigali sound like Jeremy Corbyn or Bernie Sanders! Why then should we have different values regarding governance, animal rights, democracy or women’s rights?
This discussion that underlines an aspiration for common ground—some form of universality—on, among other things, what it means to be human, and the question of governance, specifically, electoral democracy as juxtaposed with growing authoritarianism, ironically and problematically still has the support of sections of the African elite.
It is curious that this conversation found new energy with Belgium’s return of a tooth belonging to CIA-murdered African giant, Patrice Lumumba, and with the holding of the CHOGM meeting in Kagame’s Rwanda, who will be running for another term in office. “How does Kagame continue like that?” the democracy enthusiast asks. “We returned the tooth; that matter should be settled or not?” another Eurocentric die-hard adds. There was also the small inconvenient issue of the Melilla massacre on the Morocco-Spanish border and the plight of black folks in Ukraine. But who cares? Why are African political actors and sections of their elite still indifferent and slower to embrace the democratic ethic—as British democracy professor Nic Cheeseman wonders—and perhaps also to embrace other beliefs and values as espoused in Europe and North America?
Worth noting—and terribly problematic—is that there is a great deal of pressure on African political actors to exhibit inexplicable civility and loyalty especially as regards constitutionalism (as if constitutionally extending their stay in power isn’t a form of loyalty itself), and in the treatment of opposition groups and critics (even while journalist Julian Assange has been incarcerated for years and is facing extradition to the United States where he potentially faces 175 years of imprisonment for exposing the war crimes of Western modernities. Notice also that this conversation continues in a colonial-racialised paradigm and hierarchization where the African cultural and political actors have to constantly explain themselves to the Western world from a point of disadvantage—because theirs is the primordial position (a position that President Kagame touches in his interview cited above). I am not a defender of any abhorrent African political actors (whose actions, in all fairness, and in a more theoretically grounded sense, are not unique to them, but are, rather, a product of power). But I am concerned about the language of values and rights and the apparent insinuations of “indifference or slowness” on the part of African communities and actors to appreciate the universal values of democracy and human rights as understood in Western discourse.
First, despite being open to cross-cutting influences from elsewhere, it is difficult to achieve common ground on performative practices since cultures tend to be geographically contained. Talal Asad has told us that even Islam, which has a universally appreciated text, manifests differently in different geographic and time spaces. It is my contention that the conclusion of this beauty contest of cultures and traditions—achieving common understanding of their inherent differences—is dependent, ironically, on non-cultural markers, specifically, power, power being the term for Western military and economic advantage. It is not the superiority of ethical-cultural-value systems, and nor is it the absence of similar handicaps and vulnerabilities on either side of the Atlantic, but rather power and politics. It is the power relation embedded in the African adage about the hunter (more privileged) writing the story of the hunt to their advantage, before the animal (the less powerful) learns to tell their own story.
It is difficult to achieve common ground on performative practices since cultures tend to be geographically contained.
This contest over African and Western values is an old one. West African historians Ade Ajayi and Cheikh Anta Diop were among its first African pugilists. East African interlocutors including, more famously, Okot p’Bitek, Ngugi wa Thiongo, and Ali Mazrui participated in this conversation. Okot p’Bitek accused African actors of being fully imbued with the “colonialists’ practices” (exemplified by such accoutrements as the wigs won by judges to ape Europeans) and thus needing to “decolonise their minds”, as Ngugi would famously put it. Mazrui’s essay, Islamic and Western Values, which tackled topics such as press freedom and democracy, concluded that the difference between Europe and the Islamic world was a difference of method, but the ills of power on either side of the aisle were the same.
Although I find it endlessly productive for African activists to constantly remind themselves and their European/American interlocutors of the words of Africa’s early intellectuals—on the non-uniqueness of the crimes of African political actors or the absolute goodness and uniqueness of African cultural traditions as understood on their terms—my intention is not to rehash the words of those intellectual giants. My intention is rather modest. Mine is a traveller’s tale of a journey into the lands of our “former” colonisers. My people in Buganda say that “travelling is seeing, and returning is telling”. However, in telling this traveller’s tale, I want it to be read within the problematic frame of culture talk—or of a beauty contest between cultures.
For the last couple of years, I have been observing our former colonisers, and have become obsessed with turning the gaze on our beloved friends. How would a native from the African continent, from deep in the countryside, supposedly “untouched” by colonialist modernity, react upon encounter with some European—still present or recently dying—cultural/traditional practice? Because, frankly, the idea of cultural cross-fertilisation and integration, while it presents itself as pick-and-choose (where one aspect is chosen over another), it also presents itself as a package, as an entire system or civilisation. Here mediations that are understood as political (such as modes of governance or economics such as capitalism or the peasantry) intimately tie in with that which is viewed as essentially cultural (such as family, marriage, sexuality, kinship or inheritance). As I have argued before, our European friends have toned this down as “cultural shock”, preparing the native’s mind for the horror they might encounter upon reaching Europe. It is some sort of challenge to understand, learn and perhaps embrace. But as a native I am stubbornly refusing to accept this as simply cultural shock.
Intercourse and kinship with animals
A few years ago in Berlin, I encountered a group of activists who were inconsolable about being denied their right to make love to animals by the German state. “Why seek to moralize our country?” they angrily asked. I need to start this story from the beginning: Before 2012, our former colonisers in Germany—the country which hosted the 1884 Berlin Conference—had the legally sanctioned the right to make love to animals. This is understood as being in their blood; not that they lacked other outlets for sexual release, but that this was their natural inclination. Yes, it was normal to enter your bed, visit a pig stye, a kraal or a kennel and lower your pants and penetrate or be penetrated by the animal of your heart’s desire. It was only after 2012 that animal rights activists made a breakthrough, convincing co-nationals that it was unnatural for humans to find pleasure in mating with animals. The Bundestag, the lower house of the German parliament, finally passed the law banning intercourse with animals. Dear Africans, this was in 2012.
Dear reader, I am kidding you not, after this 2012 ban—just ten years ago—concerned Germans petitioned the courts to remove the ban, arguing that they were naturally attracted to animals. But in 2016, the ban was upheld much to the celebration of many Germans. However, the agitation for this right to be restored continues to this day. Please note that around this time, Norway, and Sweden had also banned the practice, and a British newspaper, The Independent, reported, that this had led “to a rise in the underground animal sex tourism in Denmark”. People interested in sex with animals—Zoophiles, so they are called—made trips to Denmark, which was yet to ban the practice, to satisfy their desires.
Two years after Germany, Denmark was conflicted on the same issue. While animal rights activists seemed to have made a breakthrough towards having the practice proscribed, the 12-strong Animal Ethics Committee of Denmark was opposed to banning the practice. The president of the Animal Ethics Committee, Bengt Holst, argued that the ban was unnecessary since the Animal Welfare Act, which was already in place, advocated for the protection of animals as it prohibited “animal suffering, pain, distress or lasting harm”. This meant that you were free to make love to the animal of your choice as long as you didn’t cause it “suffering, pain, distress and lasting harm”. For Bengt Holst, seeking to “moralise” the issue of making love to animals was not in good taste.
Great Britain—the world’s largest coloniser—only banned the practice in 2003 with the Sexual Offences Act. Some of its clauses are captured in this article which publishes allegations that former UK prime minister David Cameron once inserted his manhood in a dead animal while still at university in Oxford. Quoting a biography that is rightly described as controversial, the newspaper wrote that, “the Prime Minister inserted a “private part of his anatomy” into a “dead pig’s head” while at Oxford University—an act that was allegedly photographed.” So, before 2003, our friends in the UK would have liked the African primitive to understand their reaction to the idea of mating with animals as simply cultural shock.
This meant that you were free to make love to the animal of your choice as long as you didn’t cause it “suffering, pain, distress and lasting harm”.
Our new colonising powers in the United States still have several states where mating with animals is permissible despite campaigns to ban the practice. By 2016, bestiality was still acceptable pleasure in Texas, Hawaii, Kentucky, Virginia, Nevada, New Jersey, New Mexico, Ohio, Vermont, West Virginia, Montana, Wyoming and the District of Columbia, and New Hampshire. In a nicely researched article, British psychologist, Dr Mark Griffiths reveals that, “many zoophiles believe that in years to come, their sexual preference will be seen as no different to being gay or straight”. And while it is difficult to ascertain it, many zoophiles believe animals have given them some form of consent.
My intention is not to add to the voice of anti-bestiality campaigners in Europe or the United States, or to ridicule lovers of the practice. Not at all. But if I took the vantage point of an African anthropologist—of the colonial type—writing my tales about Europe and North America (with titles such as Into the Heart of Dark Europe; Flame Trees of Berlin, the Orients of the West, etcetera) for travellers, and students on the African continent, I would tell them about the inexplicable backwardness of the people in the West. I would challenge them to be careful about these animal-loving barbarians of Europe and North America. African readers would be appalled by the idea of human beings sleeping with animals, and lobbying and fighting to keep the right to do so. Part of my intention would be to inspire them to travel to these lands and perhaps seek to civilise these people, forcefully if need be, and if they can, to also take their lands. Because the culturally backward have no right to property and neither are they able to govern themselves.
Before 2003, our friends in the UK would have liked the African primitive to understand their reaction to the idea of mating with animals as simply cultural shock.
Perhaps my larger contention is this: while cross-fertilisation is true about cultures and traditions, and oftentimes, and that, for their survival, less powerful communities/traditions are conscripted to the dictates of the most hegemonic power, the aspiration for common ground is merely a delusion of the militarily powerful. There are dislikeable, almost disgusting things on either side of the aisle, and cross-fertilisation ought to be understood as slower and fluid. While conscripts are often cast in an inferior position, they retain a great deal of agency within the constraining limits. They will not only remodel, repackage, or refashion that which they have to adopt from the hegemony, they will also often reject outright those practices and values they find either unsuitable to their contexts or completely repugnant to their traditions. Thus, journalistic and academic promoters of implied notions of “common ground” and “common values” from the Western world to their colonised conscripts ought to beware of these nuances and dynamics of time, fluidity, and refashioning.
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The Blind Spot: A Graphic Novel on Food Security and Farmers’ Rights
Chief Nyamweya shines a light on the central issues of food security and the welfare of smallholder farmers in Kenya.
Some time back in May 2020, an incident occurred in Mombasa that stunned the nation. The Daily Nation reported a story of a Kisauni widow who was forced to boil stones to give her children false hope that she had some food for them. The story sent shockwaves across the country and ignited a conversation about the magnitude of the hunger plaguing Kenyan households.
The story of Peninah Kitsao is not an isolated incident. All over the country, ordinary Kenyans are struggling to put food on the table due to biting inflation that has seen commodity prices soar to nearly unaffordable levels. Failed rains and a drought of a severity never witnessed before in the history of the country, especially in northern Kenya, have worsened a dire situation.
Interventions by state and non-state actors have arguably not been enough as there have been reports from certain parts, such as Samburu, of people drinking dirty water and eating dog meat to survive. The country is essentially in a deep hole. Coupled with the drying up of the rivers and lakes that used to serve vulnerable communities, it is safe to say that the government and other agencies have had blind spots in dealing with the situation.
Route to Food Initiative’s graphic novel The Blind Spot, which is written and illustrated by Chief Nyamweya, should be read against the backdrop of some of these startling developments. The work of committed art is to expose the ills in society, not just by dropping popular catchphrases and revolutionary slogans, but by disturbing the conscience of the nation. Such works of art are expected to put us on track for what needs to be done to set things right.
That’s exactly what Nyamweya’s comic offering is all about.
Worrying policy gaps
The central issues of food security and the welfare of smallholder farmers shine throughout the slim graphic novel, bringing into sharp focus policy gaps and a lack of commitment from leaders to correct the mistakes of the past.
The visual narrative opens with a protest by Kajibora residents and farmers at the Kajibora County Hall. Chanting outside the county governor’s residence, the agitated crowd demands justice for one of their own, Karisa, who has committed suicide after auctioneers sell his land to recover an unpaid debt.
The protest also provides the space and opportunity for the residents and farmers to demand “lower prices on food, better quality food and enhanced protection of Kenya’s ecosystems [and] land reforms.” Demonstrations are not new in the country; with livelihoods threatened by forces beyond their control even as the national and county governments drag their feet to alleviate the suffering, it is inevitable that ordinary people would take such drastic measures.
The Mzee Maona-led Jembe Revolution calls on Governor Nyoni to deal with food insecurity as a human rights issue and to protect smallholder farmers from predatory multinationals. The corporations are often accused of exploitation through the introduction of harmful production methods and industrial processes that threaten biodiversity.
The fictionalised revolution echoes the vigorous pushback by various stakeholders, including farmers, politicians and ordinary Kenyans, who have questioned the government’s proposal to introduce genetically modified foods.
While those in support of the introduction of genetically modified organisms (GMOs) into the country have a valid argument that Kenya and the continent at large are dealing with a serious food crisis that needs never-before-tested solutions, those against them argue that farmers and consumers are likely to suffer. This is because there are growing fears that the multinationals that distribute GM seeds will have the monopoly to dictate to farmers which seeds to use, and the scenario is likely to deny them the agency to produce food on their own terms and according to their preferences.
Putting Western interests first
In other words, the prioritisation of Western interests, as it often emerges in Nyamweya’s narrative, where the governor is accused of focusing on “the large scale production of a few food crops and protecting the interests of big agribusiness”, is a reality that policymakers will have to contend with to effectively address the issue of food security in the country.
A DW documentary titled Africa, GMOs and Western Interests, which aired two months ago, revealed the hidden hand of philanthropists such as Bill Gates, through the Bill & Melinda Gates Foundation, in pushing for the introduction of GMOs in select African countries to benefit private businesses in the West. Therefore, when Kajibora farmers and residents, through their Chama cha Wakulima (CCW) party, wave a placard reading SAVE OUR SEEDS, they are not expressing a grievance coming from without but a genuine fear born out of the reality that, on the one hand, the forces of globalisation are unavoidable (food production systems and the overall supply chain can never only be local) and on the other, the reality of the weak political system that hardly prioritises the interests of its citizens, least of all smallholder farmers.
To give credit where it is due, President William Ruto’s introduction of the fertiliser subsidy is likely to be a game changer for a majority of farmers who are unable to afford the essential commodity. The subsidised fertiliser is retailing at KSh3,500 for a 50kg bag, down from KSh6,000. The use of technology for registration (farmers use their phones) will also help eliminate red tape and corruption and thus improve efficiency in distribution, which is key to the timely use of the fertiliser to boost yields.
The cries and anxieties of the Kajibora farmers take a dramatic twist following the death of Mzee Maona when CCW is wracked by fissures as various members pull in different directions. As is characteristic of Kenyan political parties not founded on a solid vision and ideology, the core issues—such as sustainable agriculture for the farmers—that define the party’s agenda become a footnote. Instead, the so-called ideological differences (a euphemism for selfish interests) erupt during the requiem mass for Maona when party members engage in a vicious fistfight before the bereaved mourners.
Enter the scions of Mzee Maona, Sifa and Yona—highly educated, exposed and polished but with contrastingly opposing views on how to reimagine the patriarch’s vision of putting the farmers’ agenda first—and the narrative is set for a fascinating climax.
What emerges from the troubled relationship between Sifa, a professor, and Yona, now an aspiring Kajibora governor, are the intra-generational tensions of how to approach the pressures and complicated issues that have become synonymous with modern living. This is especially true when it comes to championing the rights of ordinary people such as farmers.
As is characteristic of Kenyan political parties not founded on a solid vision and ideology, the core issues that defined the party’s agenda become a footnote.
Sifa is distrustful of the political process for fixing societal issues. She is an advocate of fighting for human rights from outside the political process since, in politics, you “promise the people paradise while only delivering paperwork”. While her worldview is sometimes abstract and detached and elitist, she deserves credit for not losing focus on the immediate priorities that should be urgently addressed to make life better for small-scale farmers.
Yona, on the other hand, styles himself as a pragmatist and realist who is in touch with what is happening on the ground but comes across as vain, selfish and arrogant. He is a perfect representative of Kenya’s political class for whom governance is about foreign investment, rather than the people. He says that “a key part [of his] job as governor will be to attract investment to Kajibora”. This includes doing the bidding of multinationals like Green Shots Corporation, which is accused of controlling the food prices and the supply chains that are vital to farmers and consumers.
The role of the youth
However, what is poignant in the clash between Mzee Maona’s two grandchildren is the involvement of the youth—whether for good or bad—in debating the issues of food security and fair agricultural policies. While their approaches are often different, there is a genuine concern and passion that, in real life, should be encouraged and even rewarded.
Statistics indicate that the average age of the Kenyan farmer is 61 years. A revival of the 4K Clubs that were the craze in the 1990s under the 8-4-4 education system has been mooted as a way to entice young people to return to the soil. These are noble interventions that are likely to boost agricultural output since the youthful population is not just energetic enough to take up the challenge but also because modern farming involves access to the right information which a tech-savvy generation can exploit in this digital age.
When Dalili, a member of the CCW and a former close ally of Mzee Maona, encourages Sifa to join them on the anniversary of Jembe Day commemorating the revolt of Kajibora farmers and residents, she is essentially signalling a new way of addressing food insecurity. She tells Sifa that “our youth need to see where it all started”. The statement is profound because it acknowledges both the complexity and enormity of the task of streamlining food systems and the urgent need to bring diverse groups of people on board.
More importantly, sustainable agriculture has the potential to create jobs for thousands of jobless youth unable to secure the increasingly elusive white-collar jobs. According to the November 2022 Agriculture Sector Survey, the industry “employs over 40 percent of the total population and more than 70 percent of the rural populace”. This is a significant figure that is likely to increase even more if the youth are given the incentive to join forces in the overall agricultural production process.
Nyamweya’s only shortcoming is the exclusion of the voices of ordinary farmers from the entire narrative. As is characteristic of top-down policies, and unlike the bottom-up approach, there is a tendency to speak on behalf of the masses, to pretend to know what is best for them. A majority of the characters in the text speak of the “right” agricultural policies and approaches that need to be adopted to boost yields and food security. However, ironically, they behave like the multinationals that often impose their decisions on farmers without taking their views.
The approach is fraught with its own blind spots, not just because it is condescending to the farmers—those who are directly affected—but also because it poses the risk of aggravating an already bad situation. Talking about revolutions and uprisings is not enough to effectively transform the agricultural sector, even if the calls are to rid it of the cartels and the brokers present along the production chain.
Also, an erudite knowledge of the politics of food and the manipulation by multinationals cannot replace the basic principle that the farmer has to, first and foremost, speak for himself or herself. Does the farmer want to experiment with other seeds? Is the farmer only interested in the large-scale cultivation of staple foods? Is the farmer comfortable with the multinationals? What exactly is in the farmer’s mind? It is not always necessary that all foreign players that intervene in formulating agricultural policies have ulterior motives. One Acre Fund, an organisation founded by a non-Kenyan, has significantly helped smallholder farmers in western Kenya boost their farm output through the use of the right seeds and agricultural techniques and methods. I have seen this first-hand.
The statement is profound because it acknowledges both the complexity and enormity of the task of streamlining food systems and the urgent need to bring diverse groups of people on board.
However, despite the aforementioned shortcomings, Nyamweya’s artistic intervention cannot be downplayed. The issue of food security cannot be left to politicians and policymakers alone. This is not just because food is a basic need, but because a healthy and productive nation has the potential to improve the life expectancy and of children afflicted by malnutrition.
More importantly, a visual narrative approach is a welcome addition to a radical way of acknowledging the enormous capacity of art to surprise and reimagine how to deal with the existential anxieties of our time, such as food insecurity, climate change-induced drought and destruction of biodiversity. It is also a wake-up call to leaders, policymakers and other stakeholders that the conventional way of dealing with the challenges affecting farmers might have to change. Nyamweya’s book is a must-read for everyone who cares deeply about the future of our country and the coming generations.
Queer Lawfare in Africa – Legal Strategies in Contexts of LGBTIQ+ Criminalisation and Politicisation
The concept of lawfare, describes long-term battles over heated social and political issues, where actors on different sides employ strategies using rights, law and courts as tools and arenas.
The Supreme Court of India is anticipated to conduct hearings and deliver judgments in some important issues concerning the LGBTQIA+ community- ranging from the constitutionality of the blood donation guidelines that discriminate persons based on sexual orientation and gender identity to petitions on marriage equality (under both the Special Marriage Act and the Hindu Marriage Act). In this context, the book Queer Lawfare in Africa, edited by Adrian Jjuuko, Siri Gloppen, Alan Msosa and Frans Viljoen makes for a relevant and compelling read.
Queer Lawfare, according to the authors, is a strategy where rights and/ or laws are tactically employed to advance politically contested goals with regards to the rights of the LGBTQIA+ community. In the words of Siri Gloppen, Adrian Jjuuko, Frans Viljoen, Alan Msosa, the term “lawfare” used in the book describes the following:
The concept of lawfare, as used in this book, describes long-term battles over heated social and political issues, where actors on different sides employ strategies using rights, law and courts as tools and arenas. While sometimes associated with the misuse of law for political ends, ‘lawfare’ is here used as a descriptive, analytical term, de-linked from (the perceived) worthy-ness of the goal. The association with warfare is intentional and important: these are ongoing ‘wars’, with hard ideological cleavages and iterative battles. They are typically fought on several fronts and the contestants on each side have long term goals that they seek to advance by way of incremental tactics, often responding to, or anticipating their opponents’ moves, as well as other aspects of their (always potentially shifting) opportunity structure.
The book looks into queer lawfare in thirteen African nations- South Africa, Mozambique, Kenya, Botswana, Uganda, Malawi, Nigeria, Zambia, Ghana, Senegal, Gambia, Ethiopia and Sudan. Much like India, a lot of the nations discussed in the book had a criminal provision very similar to section 377 of the Indian Penal Code (before it was read down by the Supreme Court in Navtej Johar v. Union of India). Thereby, in many of these nations decriminalisation of sexual intercourse between consenting adults- irrespective of their sexual orientation or gender identity became (and in some countries still is) one of the first major goals of queer lawfare.
In some of the countries discussed in the book (particularly in those where queer lawfare has led to realisation of substantial legal gains for the LGBTQIA+ community), the movement started with seemingly neutral rights battles which intersected with discrimination law for instance, the right to association. The right to association cases in queer lawfare majorly consist of organisations or coalitions- established with the aim of further LGBTQIA+ rights- challenging the decision of the government to disallow their registration (set in a legal context where homosexuality is criminalised). In Botswana, such a challenge was decided in favour of the LGBT organisation, Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) by the Court of Appeal (see also, the recent judgment of the Supreme Court of Kenya). In Mozambique on the other hand, the Mozambican Association for the Defence of Sexual Minorities (LAMBDA) operates under a feminist umbrella organisation since it is not legally registered and as a natural corollary, the queer lawfare is influenced much by the strategies used by the feminist movement.
The book also refreshingly looks into the social contexts of each nation and discusses how despite LGBTQ+ movements sharing the same vision of emancipation, the means employed to achieve the end varies depending on social and political contexts in different countries. It also subtly gets across the point that there is ‘no one size fits all’ solution when it comes to queer lawfare. It discusses the different stages at which queer lawfare is in and how it varies from country to country- from South Africa where giant strides have been made in the judicial sphere to Ethiopia where ‘online lawfare’ is more prevalent due to which there is an absence of a significant progressive legal change.
As the marriage equality petition is listed for hearing before the Supreme Court of India is being heard by the Supreme Court of India, the chapter on queer lawfare in South Africa becomes particularly relevant. The landmark judgment of the Constitutional Court of South Africa in Minister of Home Affairs v. Fourie that recognised marriage equality notably held that the constitutional rights of persons cannot be undermined or be determined by the religious beliefs of some persons. In this judgment, Justice Albie Sachs read the words “or spouse” after the words “husband” and “wife”, into certain provisions of the Marriage Equality Act, 1961. As has been articulated by Jayna Kothari in this piece, the adoption of a similar strategy in the marriage equality proceedings before the Supreme Court of India is central to making the provisions of the Special Marriage Act (“SMA”) more inclusive. Reading in the words “of spouse” after the words “wife” and “husband” used in various provisions of the Special Marriage Act in India would allow persons irrespective of their sexual orientation or gender identity to get the reliefs conferred by the SMA ranging from solemnization of marriage to provision of alimony.
The chapter also confronts the challenge of limited judicial imagination while dealing with marriage equality and states that the judgment delivered by the Constitutional Court of South Africa (which was hailed as progressive) still caters to the gender binary vision- one where the institution of marriage is valourised and idea of a ‘permanent same-sex life partnership’ essentially contains the characteristics of a typical heterosexual marriage. The chapter also highlights how the ‘good homosexual’ visualised by the Constitutional Court is generally ‘a partnered middle class, if not upper middle class, man or woman who, in a country like South Africa where class continues to follow race, is almost invariably white’ thereby bringing to light the class and racial undertones underlying the legal recognition of such unions. In India, given that the institution of marriage is intrinsically tied into caste, property and patriarchy, it will remain to be seen how the Supreme Court will navigate through complex questions of intersectionality while adjudicating this case.
The book also makes a passing reference to the transnational impact of judgments on queer rights delivered by the Indian Supreme Court. For example, where submissions made before the Kenyan High Court in EG v. Attorney General and the high court decision in Botswana in Letsweletse Motshidiemang v Attorney General were influenced by the judgment of the Supreme Court of India in Navtej Johar v. Union of India. This also points out to the butterfly effect in progressive queer jurisprudence and the important role the constitutional courts in India have to fulfill in the days ahead.
Another important feature is that none of the chapters miss an opportunity to inform the readers about the perseverance and resilience of LGBTQIA+ organizations, coalitions and activists. It does the important work of documenting their role in shaping the legal destiny despite facing legal setbacks and risks of coercive action by the state. It is a fitting tribute to the indomitable spirit of the queer rights movement across the said nations in Africa to challenge the legal and political system, despite it being designed to fail them.
Oromo Orthodox Split: A Collision Between Politics and Faith
The formation of the Oromo Orthodox Synod signals greater shifts that have been on the political horizon in Ethiopia for the last four years.
Ethiopia has taken centre stage over the last four years, with a Nobel Peace Prize winning Prime Minister propelled to power by a four-year civil protest movement quickly leading the country into multiple internal war fronts. The last two years, in particular, have seen many begin to wonder if the Ethiopian state itself will survive the compounding conflicts, given that they are rooted in a tumultuous, contested, and violent past. The most recent and significant development in the tectonic shifts that have been breaking social and political ground in the country occurred on the 22nd of January 2023.
Three Oromo archbishops of the Ethiopian Orthodox Church announced the formation of an Oromo Orthodox Church Synod, with 26 patriarchs appointed to lead the synod across Oromia. In stark opposition to the new synod, a large number of Ethiopian Orthodox Church members, particularly those of an Amhara ethnic background, have been coming out in protest at the breaking up of the church, citing it as a violation beyond politics, and a breach of holy religious law.
The government, which has been supportive of the Oromo Synod has – in the manner in which it regularly responds to any expression of civil dissent – responded with state violence, shooting at protesters and, for a short while, shutting down the Internet and telecommunication services.
On the 13th of February, the Oromia Media Network reported that the new Synod is in the process of supporting the formation of synods of other national and ethnic identities, naming the Gambela, Gumuz, Sidama, Gurage, and Gamo as amongst those that will be forming their own Orthodox Church Synods in the near future.
The Ethiopian Orthodox Church has existed since the 4th century and belongs to the broader body of Orthodox churches that include the Coptic, Syrian, and Armenian Orthodox churches, and the Syrian Orthodox Church of India. The liturgical language of the church is Ge’ez, a Semitic language originating from northern Ethiopia and Eritrea, with Amharic also being used in the church today. Orthodox believers make up approximately 30 per cent of Ethiopia’s population and Amharic, the language of the Amhara ethnic group who make up approximately 22 per cent of Ethiopia’s overall population, is the official working language of Ethiopia.
Language, and the social and political power that it comes with, is one of the reasons that supporters of the Oromo Orthodox Synod believe that this recent shift is necessary. Cultural marginalization has been the experience of the Oromo and other national and cultural groups in the country since the formation of the Ethiopian state in the 1800s, a formation that the Ethiopian Orthodox Church was instrumental in spearheading.
When Menelik II began his expeditions into the Oromia heartland with the intent of consolidating the new state of Ethiopia, the proponents of this project came across a people who lived, worked, and worshipped predominately in Afaan Oromo. In particular, they practiced Waaqeefatta, the monotheistic religion of the Oromo.
Cultural marginalization has been the experience of the Oromo and other national and cultural groups in the country since the formation of the Ethiopian state in the 1800s.
Even though the popular narrative is that Ethiopia was never colonized, one of the impacts that Menelik achieved with the support of the Showan Amhara conquerors who were armed by the West was the upheaval of Oromo religious, cultural and political practice. This was replaced by the church’s own religious beliefs, as they were considered the only way to effectively commune with God.
In Ethiopia, as in much of the world, religion has always had political undertones. Historical narratives recounting both Protestant Christianity and Islam being used by Oromos to counter the effects of cultural and political domination experienced through the combined efforts of the Orthodox Church and the Ethiopian state speak to these political undertones.
Is the split really unprecedented?
Politics pervades every aspect of life everywhere, and although we would like to think that spiritual matters are beyond politics, there is perhaps nothing as politically charged as the relationships religions have with people, with states, and with the desire for social change.
Schisms and splits that occur for political reasons are not a new phenomenon in the world of Orthodox Christianity. In the 17th century, a movement to establish religious uniformity between Greek and Russian Orthodox practice was met with resistance that eventually saw a split into “Old Believers” and the official Russian Orthodox Church.
The reason for the split was disagreement over the introduction into the Russian Orthodox Church of specific religious rituals that belong to the Greek Orthodox tradition. Although it began as a disagreement about religious protocol, it developed into a movement where different parts of Russian society began to voice dissent against the feudal order led by leaders in the church.
There are obvious and significant differences between the 17th-century Russian split and what Ethiopia is facing today, but in order to avoid viewing the split within the Ethiopian Orthodox Church as entirely unprecedented, we should see the formation of the Oromo Orthodox Synod in the larger context of movements that have taken place in the history of the church, whereby politics and faith have collided to create new institutions and communities.
Is this just about religion?
The formation of the Oromo Orthodox Synod has an impact on much more than just how people practice their faith. This event signals greater shifts that have been on the political horizon in Ethiopia for the last four years.
Opposition to the formation of the Oromo Orthodox Synod has been defined by language describing it as an affront to the church’s values of “oneness”; the full name of the church is the Ethiopian Orthodox Tewahedo Church, with the word “Tewahedo” meaning “to be made one” in the Amharic language.
The ideal of “oneness” or “unity” versus the reality has been at the heart of Ethiopia’s most critical political issues. The Ethiopian state has, in concert with the Ethiopian Orthodox Church, had a history of violently assimilating a deeply diverse people and, in the same breath, defining itself as a beacon of unity. What we must understand is that what might be a breach of oneness and unity for one people, is for another people an act of revolution and decolonization.
The solution to this crisis, in my opinion, is not for the formation of the Oromo or other prospective synods to be stopped. Instead, as I think is the solution to many of Ethiopia’s issues, people must be willing to hear stories from the other side of the political divide in order to better engage the social and political changes of the now, and of the future.
I think that this is just the beginning and that although separation, like all change, can cause confusion, grief, and uncertainty, it can sometimes be the boldest step we can take towards building a new social contract for togetherness, cohesion, and harmony.
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