Post-Colonialisms and Sexual Rights in the Developing World

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Post-Colonialisms and Sexual Rights in the Developing World Taushif Kara | 260301196 Righting Wrongs: Post-colonialisms and sexual rights in the developing world. Taushif Kara INTD 491: Honours Thesis International Development Studies McGill University Montréal, Québec April 2012 Righting Wrongs | 1 Taushif Kara | 260301196 Abstract Within the context of Secretary of State Hilary Clinton’s recent statements to the United Nations General Assembly claiming “gay rights are human rights”, this essay aims to broaden the scope of Joseph Massad’s “Gay International” theory beyond the Arab world. I argue that so-called gay rights “violations” would benefit from re-evaluation through a post-colonial lens, and that in actuality these instances of violence against practitioners of same-sex conduct are amplification of a broader struggle in the developing world against empire. As in-depth case studies of this struggle, I use the Queen Boat trial in Egypt and the ban of the Gays and Lesbians of Zimbabwe (GALZ) from an International Book Fair in Harare. I: Introduction Imperialism is the export of identity. Edward Said Oh, East is East and West is West, and never the twain shall meet, Till Earth and Sky stand presently at God’s great Judgment Seat; But there is neither East nor West, Border, nor Breed, nor Birth, When two strong men stand face to face, tho’ they come from the ends of the earth! Rudyard Kipling, The Ballad of East and West The (Gay) White Man’s Burden. In November of 2011, the United Nations High Commissioner for Human Rights released a report commissioned by the UN Human Rights Council (HRC) entitled: “Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity.”1 The report recommends that member states repeal laws used to “criminalize individuals on grounds of homosexuality”, investigate 1 United Nations High Commissioner for Human Rights, Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity , (Geneva: United Natios Human Rights Council, 2011). Righting Wrongs | 2 Taushif Kara | 260301196 and address reported past “incidents of violence” against individuals because of their “actual or perceived sexual orientation”, and instate comprehensive “sensitization” programs for public servants to “counter homophobia”.2 A month later, US Secretary of State Hilary Clinton spoke before the General Assembly to present the implications of this report, urging member states to accept the notion that “gay rights are human rights, and human rights are gay rights.”3 In her remarks, Clinton insists that “being gay is not a Western invention; it is a human reality”, and frames the entire issue through a lens of “progress”, imploring member states to “be on the right side of history”.4 Pakistan’s envoy to the UN, speaking on behalf of the Organization of the Islamic Conference (OIC) was “seriously concerned” at the prospect of these new notions, notions he deemed to have “no legal foundation”.5 An African diplomat from Mauritania maintained that the resolution “was an attempt to replace the natural rights of a human with an unnatural right.”6 The UN report and Clinton’s subsequent statements clearly present “gay rights” within the spectrum of human rights, framing them as relevant indicators for “progress” – a progress that is understood exclusively in terms of western modernity. The progress or development, rather of a given state is intimately linked to and perhaps becomes 2 Ibid, 24-25. 3 U.S. Department of State, Remarks in Recognition of International Human Rights Day, December 6, 2011, http://www.state.gov/secretary/rm/2011/12/178368.htm (accessed March 10, 2012). 4 Ibid. 5 Frank Jordans, U.N. Gay Rights Protection Resolution Passes, Hailed As 'Historic Moment', June 17, 2011, http://www.huffingtonpost.com/2011/06/17/un-gay-rights-protection-resolution- passes-_n_879032.html (accessed March 10, 2012). 6 Ibid. Righting Wrongs | 3 Taushif Kara | 260301196 synonymous with its position towards “gay” citizens.7 The articulation of “gay rights” in this particular frame is problematic for several reasons. Initially, it assumes the existence of a transnational and static gay identity that is shaped almost exclusively by western (Euro-American) pronunciations. That is, the western construct of “gay” as an identity category that gives preference (both legal and cultural) to public and collective sexual identity over actual sexual conduct.8 It also advocates a distinct gay/straight binary and contributes to the erasure of more flexible, previously existing sexualities in non-western societies. The model in the west presumes that outward expressions of sexual identity are exactly representative of one’s preferred sexual conduct, and it is this narrative that is used to sustain (and justify) the sort of identity-based rights declarations made above. The global rights framework then comes to wholly ignore conduct and desire in favour of collective identity, claiming a nascent worldwide gay identity – “Global Gay” – does indeed exist, and looks just like the local (western) one.9 What Carl Stychin calls the Stonewall model of activism serves as the foundation for this identity-based rights framework: “There are many examples that demonstrate the export of an Anglo-American, “Stonewall” model of sexuality, identity, and liberation. In the Stonewall model, same-sex sexuality marks an identity category that comes to be labeled as gay, lesbian, or both. […] Put crudely, who (in terms of gender) one has sexual relations with is the key to who you are, and the “coming out” is the central moment of identity formation. The sexual relations model has increasingly transcended its own cultural and historical roots to become universalized as the paradigm of sexual identity.” 7 “Modern states recognize a sexual minority within the national body and grant that minority rights-based protections. Pre-modern states do not.” In Katherine Franke, "Dating the State: The Moral Hazards of Winning Gay Rights," (Unpublished Draft), 2012, 19. 8 Sonia Katyal, "Exporting Identity," Yale Journal of Law and Feminism 14 (2002): 97-176. 9 Denis Altman, "Global Gaze/Global Gays," GLQ: A Journal of Lesbian and Gay Studies 3 (1997): 417-436. Righting Wrongs | 4 Taushif Kara | 260301196 It is not in the scope of this essay to critique the use or validity of identity-based approaches to activism within the west. Rather, it is in the globalization and universalization of these methods, manifest in the quest to “liberate” the oppressed “Global Gay”, where it finds valid critique. A major point of contention with this particular model of identity-based activism is that in most of the non-western world (and the western world as well, until quite recently) the conflation of conduct with identity does not necessarily exist. While same-sex sexual practice has existed and continues to exist in the non-western world, the coupling of it with the category of “homosexual” and its place within the broader realm of “sexual orientation” is a construct and export of the west.10 Thus, the performance of an act deemed homosexual by western parameters is not necessarily equated with “homosexuality” as an identity category in the non-west. In this way, identity-based activism built upon a sexual epistemology that does not translate into non-western cultures is inherently misguided, and would seem also to be ineffective. Yet the burden of the white gay man to liberate the oppressed foreign gay still persists, often with dire consequences for those targeted in the liberation movement. The main paradox with this brand of identity-based and rights oriented activism is that efforts to liberate the constructed gay from the apparently oppressive regimes of the developing world often result in reactionary responses by those very regimes. An essay by Joseph Massad entitled Re-Orienting Desire: The Gay International and the Arab World unpacks this process with relation to the Arab world.11 Massad argues in this essay, as well as in his later book Desiring Arabs, the identities of “gay” and 10 David Halperin, "Homosexuality: A Cultural Construct," in One Hundred Years of Homosexuality, 41-53 (New York: Routeledge, 1990). 11 Joseph Massad, "Re-Orienting Desire: The Gay International and the Arab world," Public Culture 14, no. 2 (2002): 361-385. Righting Wrongs | 5 Taushif Kara | 260301196 “homosexual” and their associated sexual epistemologies are imposed upon the Arab world by the west through a combination of discourse and institution, which he dubs the Gay International. Organizations like the International Lesbian and Gay Association (IGLA) and the International Gay and Lesbian Human Rights Commission (IGLHRC) produce this discourse, and bodies like the UN Human Rights Council work within it. The activism and liberation tactics of the Gay International provoke a response by regimes in the Arab world in which they seek out and persecute constructed “gays” in an effort to undermine western influence. It must be made clear that Massad does not deny the existence of men and women who have same-sex sexual desire or participate in same- sex sexual acts – in fact he substantiates the existence of these desires in great detail throughout Desiring Arabs. He does deny, however – correctly so, I believe – that the associated sexual identities of “gay”, “lesbian”, and “homosexual” were produced organically in the Arab world, instead arguing that the Gay International implanted them in to it. It becomes abundantly clear that the activities
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