Category Archives: law

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.

 

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.

Teaching on Statelessness

This summer term, I will be back at my University, teaching one course on “Statelessness” at the BA-level for our anthropology and sociology students.  I am particularly looking forward to the two  guest lectures: One by Felix Girke (University of Konstanz) who will be exploring how anthropology has traditionally worked with “stateless” people during colonial times and what has happened in areas and to people in South Omo in Southern Ethiopia where the modern state had been absent for a long time, but has now become a cruel force.

The second guest lecture will be given by Kerem Schamberger from the University of Munich and a political activist, who will present his new book “Die Kurden. Ein Volk zwischen Unterdrückung und Rebellion” (together with Michael Meyen) during the seminar.

 

 

 

Here is the course syllabus (in English, the seminar will be held in German)

Paris 2019. Lectures, Conference, Keynote

Conférences de Judith Beyer (University of Konstanz), Professeure invitée de l’EHESS, Chaire sécable de l’Institut d’études de l’Islam et des sociétés du monde musulman
 

1. The force of custom. Law and the ordering of everyday life in Kyrgyzstan

In this talk, I offer a unique critique of the concept of ‘postsocialism’, a new take on the concept of legal pluralism, and a plea to bring ethnomethodological approaches into correspondence with ethnographic data. Drawing on a decade of anthropological fieldwork and engagement with Central Asia, I will focus on describing how my informants in rural Kyrgyzstan order their everyday lives and rationalize their recent history by invoking the force of custom (Kyrgyz: ‘salt’).
Although ‘salt’ is often blamed for bringing about more disorder and hardship than order and harmony, as I will exemplify with the example of mortuary rituals, it allows my informants to disavow responsibility for their actions by pushing a model of ‘how things get done here’ to the front. Invoking ‘salt’ enables actors even as they claim to be constrained by it, it opens up possibilities to conceptualize, classify, and contextualize large- and mid-scale developments in an intimate idiom. It also is a way to communicate to others that one is an expert in and of one’s own culture. An ethnomethodological perspective, as I pursue it, challenges a conception of social order as hidden within the visible actions and behaviours of members of society. Rather, it examines how members produce and sustain the observable orderliness of their own actions.

  • Le 12 mars 2019 de 16h à 18h – Université Paris-Nanterre, Département d’anthropologie, salle E105, 200, avenue de la République, 92001 Nanterre

2. The arrival of the Indian Other. On classifying minorities in Burma

Migrants from India have arrived in Burma from pre-colonial times onwards up until the Second World War. They crossed the Bay of Bengal out of personal economic endeavours, but having been categorized collectively by the British colonial state already before they embarked on the steamships to Rangoon, their collective identities travelled with them. Next to looking for work, other migrants relocated there to make use of parcels of land that were given to them as a reward for their services in the colonial apparatus or in the Indian army; yet others took up positions in the higher echelons of the administration in Burma. These people entered a Buddhist polity that had been shaped by centuries of hierarchical modes of royal governance – one which included Muslims and other ethno-religious minorities. This talk traces the different types of classifications and reclassifications that were projected onto and subsequently appropriated by ‘Indian migrants’ in order to shed light on the current situation of ethno-religious minorities in contemporary Myanmar, particularly in the city of Yangon.

Dans le cadre du Séminaire “Dialogues entre recherches classiques et actuelles sur l’Asie du Sud-Est

  • Le 14 mars 2019 de 10h à 12h – EHESS, SR 737, 54, boulevard Raspail, 75006 Paris

3. Accountability and justice in asylum claims. Debating the issue of Rohingya statelessness in British courts.

Accountability is a reflexive technique by means of which actors realize and lay claim to their actions. In order to be recognizable, accountability “depends on the mastery of ethno-methods” (Giddens 1979: 57; 83). If, as Garfinkel put it, “[a]ny setting organizes its activities to make its properties as an organized environment of practical activities detectable, countable, recordable, repeatable, tell-a-story-aboutable, analysable – in short, accountable” (1967, 33; italics in original), then so-called ‘screening interviews’ in asylum cases of stateless Rohingya are a challenge to this principle as they are defined by non-knowledge about the other. When UK border agents and Rohingya meet, their ‘membership’, which forms the basis of all co-production of action (and knowledge) in ethnomethodology, needs to be established ad hoc in the interview situation. What we can learn from those ‘first contact’ encounters and the subsequent travelling of a Rohingya asylum seeker’s file through the court system, is, I argue, how accountability is constantly being produced through interaction and how, as an important by-product of this production process, not only a ‘case’ is decided, but also the validity of the state’s own account is rendered plausible.

Dans le cadre de la conférence co-organisée par Yazid Ben Hounet et Judith Beyer “Claiming Justice after Conflict: The Stateless, the Displaced and the Disappeared at the Margins of the State”

  • Le 15 mars 2019 de 10h15 à 11h15 – FMSH, Salle A3-50, 54 Bd Raspail 75006 Paris

4. On little and grand narratives in Central Asia

In this keynote speech, I engage 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 will call it, it is worth exploring in what ways this method of ethnographic and historical inquiry has the capacity to yield “grand” results.

Dans le cadre de la Conférence “CASIO 2.0 : Disturbing Grand Narratives” organisée par l’EHESS et ZMO (Berlin).

  •  Le 28 mars 2019 de 10h à 12h – PSL, Salle du Conseil, 60, Rue Mazarine, 75006 Paris.

Making sense of …

Communal sense. The making of ethno-religious selves and others in Myanmar

I am going to present my ongoing work on Myanmar at the Institute of Advanced Study at the University of Konstanz on December 6, 2018 at 5pm (Bischofsvilla, Otto-Adam Str. 5).

In my presentation I will give an overview of my book manuscript which is based on ethnographic data I collected over several long stretches of fieldwork between 2013 and 2018. The focus of my book lies on critically reinvestigating the category of ‘community’ in light of new material from Southeast Asian Myanmar. My study is geographically situated in Yangon, a fast expanding metropolis and the home of various ethno-religious minorities whose ancestors built the city when they were shipped across the Bay of Bengal by the British colonial forces in the 19th century. My informants, who are Hindus and Muslims, are often referred to as “Indians” in the literature or simply “Blacks” by the local Burmese population, but in their self-understanding, they are the true founders of Yangon. My interest lies in understanding how, in a local context of imperialism and ethno-religious nationalism, these people organize themselves as ‘members’ of groups that perform and are recognized by others as ‘communities’.

My theoretical aim in this book, and my contribution to wider anthropological and sociological debates, is to develop an alternative angle towards the category of ‘community’ that focuses on how and when exactly a collective ‘We’ emerges. In the social sciences the process of we-making has so far been analysed only as a by-product of the process by which ‘Theys’ are created (Appadurai 2006: 50). The concept of communal sense, which I am putting forward in my book, focuses instead on the successful establishing of community as an effect of we-intentionality (Walther 1923) which become ethnographically observable in moments of communitas, in the articulation of common sense and in the material anchoring of common goods.

Going back to Paris …

In the middle of my ongoing sabbatical, there is some light at the end of the (writing) tunnel:

I will be going back to Paris for a month, almost exactly a year after my last one-month stay.

From March 11 until April 11 I will be staying again at the Maison Suger, writing my book on ethno-religious minorities in Myanmar. My host this time will be the Institut d’études de l’Islam et des sociétés du monde musulman and I will be invited as a Professeure invitée together with other international scholars.

My task is to give a series of four lectures which I will focus thematically on the roles of Muslims in Asia, most generally. One presentation will be directly on my new Myanmar project, the second will be on legal pluralism in Central Asia. The third is a keynote I was invited to give in the frame of a conference on “Grand Narratives in Central Asia” in which I will focus on the role of oral history. The final lecture will be a first attempt to bridge to my newest project which aims at investigating the issue of statelessness in Europe, working with case material concerning Muslim Rohingya from Myanmar who are applying for asylum in the UK.

For the official press release of the University of Konstanz see here.