Category Archives: anthropology

Towards an anthropology of statelessness

As part of my tenure-track evaluation I held a public lecture at the end of April 2020 at the University of Konstanz on the topic of statelessness. I am currently in the process of drafting a funding application that would enable me to work towards developing how an anthropology of statelessness could look like.

I’d like to mention a couple of thoughts here to help me think through this potential new subdiscipline and to raise awareness of what I think is a structural lack at two different levels:

1) within the very concept of the nation-state and

2) within the anthropology of the state.

While the first concerns the prime object of analysis of the anthropology of the state, the second concerns a structural lack within how we have up to date researched that prime object.

I argue that statelessness has so far been approached as something ‘lacking’ in the constitution of those who do not have a nationality — for whatever reason (and there are many). Thus, activists, practitioners, (I)NGOs and other global actors have focussed their attention on ‘fixing’ the lack of the stateless by trying to make sure they, too, receive nationality (or citizenship; I won’t go into details here as to where these concepts overlap and where they don’t). In doing so, statelessness has remained an ‘anomaly’ — something that needs ‘fixing’. But we have neglected (almost entirely) in our scholarly analyses (these are mostly legal, political and almost none anthropological up to date) that it might not be the stateless who need ‘fixing’, but the nation-state itself. This argument has been made by the political theorist Phil Cole (2017), for example,  but needs to be taken seriously and thought through in legal and political anthropology as well for it might provide novel insights into the anthropology of the state.

Understanding statelessness as a structural lack of nation-states

In my tenure lecture, I have argued that statelessness cannot be researched at the ‘heart of the state’ (Fassin) or at its ‘margins’ (Das and Poole) where anthropology has so far located its objects of inquiry when studying the state in a transversal or tangential (Harvey) manner. It rather points to what I – with Lacan – would define as a structural lack in how nation-states are set up and operate. As such, this type of lack is not meant to be ‘filled’. As much as statelessness is not a mode of being that could be ‘fixed’, the structural lack that statelessness opens up statelessnesswithin the concept of the nation-state is not meant to be ‘filled’. It is there on purpose, I argue. Treating statelessness not as anomaly, but as an intentional product in the way the state operates allows for new insights into the state as much as it will move our engagement with the phenomenon of statelessness beyond appeals of ‘fixing’.

As much as statelessness is not a mode of being that could be ‘fixed’, the structural lack that statelessness opens up within the concept of the nation-state is not meant to be ‘filled’.

Despite the fact that we have international conventions in place since the mid 1950s, and despite the fact that more and more states have ratified these conventions and are closing legal loopholes: statelessness continues to exist and in many parts of the world, including Europe, its numbers are increasing. It remains one of the most overlooked human rights violations and it won’t go away, no matter how much the UN wants it to. The project I am currently drafting would bring legal scholars, anthropologists and practitioners together and study the structural lack of statelessness as an intrinsic component of the nation-state.

From stateless societies to stateless individuals

Anthropologists have historically dealt with stateless societies as part of Europe’s (and America’s) colonial politics of expansion and exploitation. Most ethnographic monographs centred on ‘acephalous’ ethnic groups or tried to grapple with understanding how groups organized and interacted with one another without a clear leadership or someone ‘in power’. After the demise of colonialism, such work has almost completely come to a halt; the state has come to tighten its grip on ethnic groups to such an extent that there is, by now, no place on earth that would not feel its eery presence. This includes hunter-gatherer societies (Sapignoli 2018) and sedentary tribes (Girke 2018) in rural Africa as much as agrarian groups in Southeast Asia (Scott 2010). However, statelessness has remained an immanent phenomenon worth anthropological attention. My argument is, however, that nowadays we need to focus on stateless individuals (in the sense of an anthropo-logy) more than on stateless societies (in the sense of an ethno-logy). While many groups are de facto stateless (e.g. Rohingya), the de jure status of statelessness is granted to individuals only. In line with an existential anthropology (Jackson and Piette 2015), my aim is to research statelessness not as a historical leftover of group encounters with the (colonial) state, but as an existential human condition that allows us to understands a structural lack of the contemporary nation-state.

Stay tuned …

 

 

#corona On being prudent

In a recent post for Allegra Lab, I ask what we can do from our homes, to which we are confined these weeks, being overwhelmed, seeing the problematic and political nature of  all these facts and narratives that are presented to us in the Covid-19-crisis.

I have elaborated on three tasks:

First, we can join public debates and be a voice of prudence. This is to help de-escalate discussions where people – sometimes out of sensationalism, sometimes out of hurried obedience and often out of fear – demand that their states take extreme measures of surveillance, deprivation of liberty and sanction. The term “state of exception” has been used to such an extent that we have gotten used to it already – exactly what Giorgio Agamben warned us about.

Second, we can engage with our students and address their sense of insecurity by adapting our upcoming or ongoing courses, seminars and lectures in a way that allows the topic to influence whatever subject we had intended to work on. Since few things are as pervasive as a global pandemic, there is hardly any subject (in anthropology and beyond) which we could not reconceptualize by taking account of COVID-19. As we will have to teach digitally, it is also important to discuss the pitfalls that come with online learning, while making use of newly available resources.

Third, we can practice writing our fieldwork diaries in our homes: Note down how the virus has already impacted our own personal everyday lives, how it has led to a restructuring of our daily schedules, how it has decreased and altered the amount of time we spend with colleagues and friends and how it might have increased the number of hours we spend with members of our household. For those of us who have children, we can observe how they, too, struggle to adapt to a physical world that has suddenly shrunk and to a digital world that has suddenly expanded. We can look outside our windows and correlate how changes in governmental policies become observable in the very way people physically move in the streets. And we can honestly record our own feelings from day to day. We can then come back to these notes at a later stage – just as we do when we come home from the field.

This too, to me, is public anthropology. One directly engages with the media, the second takes up current topics and reworks these with our students for whom we are responsible, and the third collects data diligently in order to be able to draw from this source later on when we have the capacity and the psychological distance required to take a long hard look at what is happening in front of our eyes right now.

Read the full post here. My intro is part of an ongoing series which we have labelled #corona thread.

Aung San Suu Kyi goes to court

On December 8 2019, Open Democracy’s Transformation-series published an op-ed written by Felix Girke and me on the upcoming court hearing between The Republic of The Gambia and Myanmar in The Hague at the International Court of Justice (ICJ) from December 10-12 2019.

Flickr/Jason. CC BY-NC 2.0.

No other than Aung San Suu Kyi, the “State Counsellor” of Myanmar will be travelling to the Netherlands to personally respond to an international case that has been put forward by The Gambia on behalf of the Organization of Islamic Cooperation (OIC). The case concerns atrocities committed against Rohingya Muslims since 2016 by the Myanmar army.

Felix Girke and I argue  — contrary to much current reporting in Western news — that it is not surprising but in line with how Aung San Suu Kyi has been doing politics ever since she returned from the UK in 1988, that she personally wants to attend and respond to this case.

What counts as political in Myanmar is deeply personal: “the focus of her personal engagement is not the world, but her own country. She shoulders the burden … but at the same time avoids the hard task of changing Myanmar’s trajectory” we argue.

Read the full article over at Open Democracy.

Anthropology and existentialism. Back to the individual?

Next to a BA-level course on Indigeneity and Law, I will be teaching in our Master’s Program “Anthropology and Sociology” a thematic course on anthropology and existentialism. After having spent a couple of months in France (Paris, in particular) this year and last year, living in direct vicinity to Sartre’s and De Beauvoir’s former “writing ground” (Café Le Flore, Café Les Deux Magots) in St. Germain, I became more and more interested in combining anthropological reasoning with existential philosophy. Next to Sartre, De Beauvoir and other French intellectuals of the mid-20th century, I encountered the work of Albert Piette (who teaches at Uni Nanterre in Paris) whom I only knew as Michael Jackson’s “sidekick” from “What is existential anthropology?” (Berghahn 2015). I slowly read through his oeuvre, most of it only available in French, but some of it already translated into English by now. His creative way of approaching an anthropo-centric anthropology via what he calls ‘phenomenography’ is as innovative as it is radical. He argues against ethnomethodology, against social interactionism and against every other theory that privileges collectivity rather than individuality.

Since the best way to truly understand theory is to teach it, I am looking forward to my seminar where the question “What role does the individual actually play in anthropology?” will stand at the center of our inquiry. We will see that this question needs to be answered differently depending on what decade and what anthropological tradition we are talking about. We will be reading classical  anthropological literature (Malinowski, Benedict, Geertz, Obeyesekere, Rosaldo, Rapport, Lutz and Abu-Lughod) in order to understand how often the individual rather stood in anthropology’s way on the path towards ‘society’, ‘structure’ or ‘systems of meaning’. We will counter these views not only with recent existential anthropological literature, but also with literature from neighbouring disciplines such as philosophy (the old French classics) and existential psychoanalysis (Chodorow, Yalom).

Last but not least I hope to generate  insights into the nature of the relationships we develop with our key interlocutors during field research: Does a stronger focus on the individual’s existence require a change in the way we approach our ‘field’ and collect our ‘data’? How do we reflect on our own role as individuals in the field?

Here is the syllabus to the seminar:

Upcoming term 2019/20: Teaching on Indigeneity and Law

This winter term I will be teaching a course on indigeneity and law for our BA-students at the University of Konstanz.

While in the colonial era the alleged “backwardness” of  “natives” or even  “savages” was taken as an opportunity to deny them their right to their land, today “indigeneity” is a term used by indigenous people themselves in order to assert their rights (to land, natural resources, cultural self-determination, etc.).

In this seminar, we explore the nexus of indigenity and law by reading anthropological texts on indigeneity (and related concepts such as ethnicity). On the other hand, we learn about legal sources for such claims-making through which the rights of indigenous peoples get articulated in recent decades (for example UN resolutions, current court decisions, …).

We will also read two different types of (auto-) ethnographic texts: on the one hand the life story of a Guatemalan indigenous woman, Rigoberta Menchú (Burgos / Menchú 1984) and on the other the recent monograph of the indigenous anthropologist Audra Simpson (2014) “Mohawk Interruptus. Political life across the borders of settler states “to the Kahnawà: ke (Haudenosaunee / Iroquois Confederation) in Quebec.

The aim of the seminar is to be able to trace  historical and current connections between processes of Othering and those of Self-culturalization in the name of “indigeneity” from an anthropological perspective, as well as to understand the central role of law in doing so.

Here is the syllabus of the seminar.

Thematic Thread for Allegra Lab on Statelessness, Displacement and Disappearance

For Allegra Lab, I curated a thematic thread on the topic of Statelessness, Displacement and Disappearance. Together with Catherine Allerton, Alice Wilson and Siri Lamoureaux we explore these categories in a total of four blog posts with a focus on who can claim justice on whose behalf and in regard to the various ways in which uncertainty and accountability are being processed.

This thematic thread evolved out of a workshop on Claiming justice after conflict. The stateless, the displaced and the disappeared at the margins of the state, co-organized by Yazid Ben-Hounet (Paris) and myself. The presenters consisted of anthropologists and sociologists and convened for a full day on March 15, 2019, at the École des Hautes Études en Sciences Sociales (EHESS) in Paris.

In my introduction to this week-long thematic thread, I show in what ways statelessness, displacement and disappearance have become familiar and inescapable features of contemporary politics worldwide. The question of who can claim justice on whose behalf is first of all a question of representation, but also touches on scale, resources and access.

In the first post, Catherine Allerton engages with statelessness and the problem of the invisibility of migrant children and their families in Sabah, Malaysia. Their stories are about vulnerability as much as they are about resilience. Employing the concept of “documentary pragmatism,” Allerton explains that for her interlocutors, the goal is “being safe” rather than being documented.

statelessness

In  my own post I explore the relation between accountability and statelessness. First, by investigating the case of expert activists in Europe who have declared a fight against statelessness by trying to hold nation states accountable. Second, I look at asylum cases in the UK where stateless individuals have to give accounts of themselves. I argue that while expert activists demand accountability from nation states, it is nation states who demand accountability from stateless people.

 

If people cannot make claims vis-à-vis the state at all, we pondered the question of what they might be doing instead. One option that Alice Wilson explores in her post is a shift in the very discussions people are having about disappearance: in her case in the context of Oman’s southern Dhufar region. She argues that the possibilities for claims-making, and its potential success, vary within different political environments.

Finally, Siri Lamoureaux explores in her post on displaced Nuba women in Sudan women’s options such as public shaming and the accusation of perpetrators by the so-called “Nubian Queens.” In light of the recent events her post bears particular urgency. Drawing on long-term fieldwork, she then asks “Where are the Nuba queens”, namely those women who “due to (pre/post)colonial histories of divide and rule, and unequal centre-periphery socioeconomic relations, have never donned a white towb?” that has become so emblamatic of the ongoing protests.  “Without denying the sacrifice and suffering of elite women in the protests, displaced women have suffered immeasurably from the Sudanese government’s policies”, she argues.

You can find all posts of this thematic thread here.

 

On the politics of ‘standing-by’. Post for Public Anthropologist

In the arena of national politics, there is a widespread moral expectation that citizens should be informed about politics and exert agency to “take part” rather than merely “standing by” apathetically. Especially in light of the recent (ethno-)nationalist shifts towards the right in Europe, there has been an increasing demand on people to not close their eyes to the right’s attempts to claim the streets … In ethnomethodological studies, the acquisition of “membership knowledge” is regarded as a prerequisite for being able to analyze the practices of the actors the researcher intends to study. But what kind of knowledge is there to be acquired if a crowd consists mostly of by-standers?

In this recent post for the new blog of Public Anthropologist, a journal devoted to providing a space “beyond the purely academic realm towards wider publics and counterpublics”, I reflect on having spent a Saturday in March 2019 in Paris, encountering three different types of manifestations in which I became involved as a by-stander. I argue that while the investigation of movements, resistance and direct action remains essential, we should not forget to “assume the perspectives of those on the side-lines. Because it is there that the majority of us become part of public politics.”

You can read the full blog post here.

Keynote on “Little and Grand Narratives in Central Asia”

Keynote speech “Little and Grand Narratives in Central Asia”

Held at the Conference “Central Asian Studies Inside Out. Challenging Grand Narratives”, organized by l’EHESS and ZMO (Berlin). March 28, 2019. Paris.

In this keynote speech, I engaged with the conference topic of “challenging” and even “disturbing” “Grand Narratives” through an investigation of the tradition of orality and the usage of oral history in Central Asia. These are two interlinked endeavours, as oral tradition has been investigated “as history” (Vansina) and oral history understood as “the voice from the past” (Thompson). Anthropologists (of Central Asia) investigate tradition as “a site of necessary engagement that aggregates people, … informs policy, public debates, law, and representation, and is – despite its often enough strategic inception – affectively powerful” (Beyer and Finke forth. in Central Asian Survey). Examples from Central Asia show how “oral tradition”, especially when mediated by state and media apparatus, can take on “grand narrative” qualities. Moreover, in contrast to how oral history has been treated in the past, namely as history “from below”, of “the everyday” and by “the little guys” (Graeber), thus as “little narrative”, as I call it, it is worth exploring in what ways this method of ethnographic and historical inquiry has the capacity to yield “grand” results.

 

Interview with the ASN

In 2007 I attended one of my first academic conferences, the Association for the Study of Nationalities (ASN)-Conference in New York, which is held yearly at Columbia University. I enjoyed travelling to New York as I had lived in this city for one and a half years in 1997-1998. It gave me a chance to see friends and my former host family.

I thoroughly enjoyed the conference, particularly meeting colleagues I had gotten to know during my field research in Kyrgyzstan (2005-2006) and, for the first time, seeing “big names” in person whose work I had read as a graduate student and when preparing for my PhD-project. I presented a paper on the imagination of state law in Kyrgyz aksakal courts (lit. courts of elders) — the first part of my ethnographic data I decided to work with. I did not expect winning an award for this that early, but I guess part of the reason why I won is that I just followed my intuition to start with the most fascinating part of ethnography that I gathered during my field research.

Here is the interview with ASN – go check out their new website, too! You will find more interviews with other scholars as well as a bunch of new resources.

Judith Beyer Interview

April 2, 2019

In 2007, Judith Beyer wrote an award winning paper on Kyrgyz legal pluralism. Today her academic focus also includes Myanmar and issues of statelessness.

ASN19 Judith Beyer

ASN: In 2007 your paper “Imagining the State. How perceptions of the state influence customary law in two Kyrgyz communities” won one of the Best Doctoral Students Awards. What was the inspiration for this paper?

JB: I had just returned from 15 months of fieldwork in rural Kyrgyzstan and had to decide which part of the data that I had gathered I wanted to work with first. I decided to start with an extended case study I had found particularly intriguing. Part of my research had been devoted to understanding the type of work of the so-called “aksakal courts” (lit. “courts of whitebeards”, i.e. male elders) in the two villages I was working in. This institution can be described as neo-traditional, although the figure of the “whitebeard” and the assumption that (male) elders, in their roles as household or lineage heads, are capable of solving local disputes, goes back centuries in Kyrgyzstan. The paper drew on a particular case I had participated in, centred on questions of divorce, remarriage, separation of property and child support. What intrigued me most, however, was how – in a rural setting where “the state” was experienced as absent, where the end of the Soviet Union had resulted in the demolishing of the social security system, where there was no police and no formal state court – the local court of elders engaged in what I call “performing the state” by replicating what they imagined to be state court procedures. “There is no state here anymore” was a sentence I regularly heard from my informants. Thus, feeling left to their own devices, the aksakalshad to handle their new role as judges by themselves, a role into which they were pushed by new laws on local dispute resolution, enacted after the country had become independent in 1991. In court sessions they tried to create the appearance of a state court and introduced procedures they claimed were derived from state laws. They also invoked the state apparatus as a threat, specifically when people did not want to heed their decisions. While the institution of the aksakalcourt had been explicitly set up in each village of the country to allow adjudication according to “customs and traditions” as a special law on the aksakalcourts stipulated, the elders acted out imagined state law instead.

ASN: What stage in the graduate program were you at the time?

JB: I was a PhD candidate at the Max Planck Institute for Social Anthropology, where I was a member of the working group “Legal Pluralism” headed by the legal anthropologists Franz and Keebet von Benda-Beckmann. I was also enrolled as a PhD student at the Martin Luther University Halle-Wittenberg from which I then graduated in 2010.

ASN: What happened to this paper?

JB: I published a first version as a Working Paper and a later version appeared in an edited volume entitled “Ethnographies of the state in Central Asia” in 2014 with Indiana U Press, which I co-edited with Madeleine Reeves and Johan Rasanayagam. I also use the ethnographic material in a chapter of my monograph “The force of custom. Law and the ordering of everyday life in Kyrgyzstan” which I published in 2016 with the U of Pittsburgh Press.

What is your current position?

In October 2014 I have been appointed Professor of Anthropology (tenure track) at the University of Konstanz in Germany.

What projects are you working on now?

From 2010 onwards, I developed a new regional interest in Asia, starting fieldwork in Myanmar. There, I work in Yangon, the former capital of the country, a metropolis of seven million people – quite a change of scenery compared to the Kyrgyz village I used to live in! My interest lies in understanding the positioning of religious and ethnic minorities in this city, particularly Hindu and Muslim groups, their histories of migration from India in the 19th century as part of the final expansion of the British Empire, and their current political situation in a de facto Buddhist state which has had a long history of repressing minorities, particularly Muslims. I am specifically interested in understanding my informants’ strategies of acting as “communities” in order to secure their religious properties as well as to keep a realm of autonomy and self-determination in an increasingly hostile environment. There are, however, numerous overlaps to my research in Central Asia and I have begun to publish comparatively by drawing on my insights from Kyrgyzstan. Most recently, for example, an article on the concept of “transition” that has been so central in scholarly analyses of the entire post-Soviet world and that has now migrated from Central Asia (where I encountered it first) to Myanmar. The article is called “’Transition’ as a migratory model in Myanmar” and has been co-published with Felix Girke.

I am also working on new projects related to the issue of statelessness, both in Myanmar and in Europe. Since statelessness is a problem in Central Asia as well, there might be future possibilities to again link my different field sites with each other.

Teaching on Conflict Resolution

In addition to a course on statelessness at our BA-level, I am also teaching a course on conflict resolution for our MA-students this summer term. Both courses fall under the subdiscipline of legal anthropology, which is my specialization. I am looking forward to exploring legal anthropological and legal sociological approaches to this important topic. We’ll start out by laying the theoretical ground, differentiating between conflicts and disputes, between adjudication and settlement, and between the various institutions that can be addressed for actors intending to file complaints and grievances.

In the seminar, we will also have a guest lecturer, who is the current acting Ombudsman (*woman, that is) of the University of Konstanz. Together with her, we will explore  the different possibilities the university provides in terms of mediation and solving disputes and conflicts.

The first part of the seminar is focused on classical publications on conflict and dispute resolution that drew on ethnographic data gathered in a colonial context (Gluckman, Gulliver). After a critique of this type of literature (Spittler), we will read and discuss a case study on a village in Bavaria (Todd) to turn the ethnographic gaze onto ourselves.

We will then familiarize ourselves with the important concept of “harmony ideology” (Nader) within the context of “alternative dispute resolution” (ADR).

Laura Nader

Through a series of more recent publications, we will approach conflict and dispute resolution in the contemporary era, starting with sharia councils in the UK (Billaud), neotraditional courts of elders in Kyrgyzstan (Beyer), and the particular set-up of international bodies such as “special courts” aimed at conflict resolution in Sierra Leone (Anders).

Here is the syllabus of the seminar.