A JOURNAL OF ACADEMIC WRITING VOLUME 8 Hohonu 2 0 1 0 Academic Journal
University of Hawai‘i at Hilo • Hawai‘i Community College Hohonu is a publication funded by University of Hawai‘i at Hilo and Hawai‘i Community College student fees.
All production and printing costs are administered by: University of Hawai‘i at Hilo/Hawai‘i Community College Board of Student Publications 200 W. Kawili Street Hilo, Hawai‘i 96720-4091 Phone: (808) 933-8823 Web: www.uhh.hawaii.edu/campuscenter/bosp or www.uhh.hawaii.edu/academics/hohonu
All rights revert to the writers upon publication. All requests for reproduction and other propositions should be directed to writers.
2 - HOHONU Volume 8 2010 Aloha!
Welcome to the eighth volume of Hohonu, the academic journal of the University of Hawai‘i at Hilo and Hawai‘i Community College. We are proud of the exceptional academic writing it contains and are pleased to present this publication to the community.
Hohonu, meaning “profound” or “deep” in Hawaiian, has once more lived up to its name. With each journal that is produced, we are able to reach higher and attain the goals expressed by our mission statement; for it is the aim of this journal to facilitate in the sharing of fine academic writing and to exist as a reference for those who are looking to learn – whether it be something new about writing, an attitude, a subject, or themselves.
I would like to publicly commend the work of our staff. Their commitment, enthusiasm, and love for academic discourse has made Hohonu a reality for yet another year. Jenna Antilla, Chaun Ballard, Lindsay Brown, Haley Bufil, Ellie Christensen, and La‘akea Yoshida – it has been my privilege and I thank you all.
Hohonu would not endure every year without the gentle encouragement of our faculty advisor, Professor Luke Bailey. His guidance and dedication to the mission of Hohonu is truly incomparable. We thank him for all that he has done for the publication over the years.
A gracious thank you to the student authors for their contributions. It is a brave thing to expose one’s efforts to others and allow your writing to be published for all to see. Hohonu would not be Hohonu without your energy and efforts.
Many mahalos to everyone who has helped to make this volume possible. We thankfully acknowledge the assistance of Ellen Kusano and the Campus Center ‘ohana. Their smiling faces and words of wisdom brightened every aspect of the journey. To the Board of Student Publications, we thank you for your continued support. I want to extend a very heartfelt thanks to Susan Yugawa of the UH Graphics Department. Her skills and generosity have been absolutely essential to the success of Hohonu.
Hohonu is an asset to our UH Hilo, HawCC, and public community in every sense of the word. Each essay contained within these pages breathes the need and passion for progress and societal growth. Turn the page; come see for yourself.
Enjoy!
Mahalo nui,
Tara Ballard Editor-in-Chief
HOHONU Volume 8 2010 - 3 4 - HOHONU Volume 8 2010 Table of Contents
The Globalized World, by Stacy McKernan ...... 7
Mahayana Buddhist Philosophy, by Anthony Ridenour ...... 11
Nazi Experiments, by Tabitha Gomes ...... 13
War, Society, and Sexual Violence: A Feminist Analysis of the Origin and Prevention of War Rape, by Kylie Alexandra ...... 17
Anthropogenic Causation and Prevention Relating to the Holocene Extinction, by Jesse Browning ...... 23
“They’re OK if They’re Our S.O.B.s”: United States Involvement in the 1954 Guatemalan Coup d’état, by Robert Franklin ...... 27
Can Organic Farming Feed the World?: Perspectives on a Food Movement’s Place in World Food Security, by Holly Miller ...... 33
The Criminalization of Pregnant Women and the Illusion of Maternal-Fetal Conflict, by Kylie Alexandra ...... 37
The Curious Case of Humour and Whoredom: The Concept of ‘Necessary’ Prostitution as it Pertains to the Social, Religious and Sexual Lives of ‘Common Women’ in Medieval England, by La‘akea Yoshida ...... 41
Kukulu Hou ‘Ia Ka Loko I‘a o Ko‘ie‘ie, by Roxie Sylva ...... 47
Racial Disparities in the San Francisco Juvenile Justice System: A 21st Century Injustice, by Tai Tokeshi ...... 55
The Chinese Minority in Indonesia, by Felix Da Silva ...... 59
Max Beckmann: Deposition, by Tabitha Gomes ...... 63
Laws, War, and People Caught in Between: The Legal Status of Guantánamo Bay Detainees during the Bush Administration and the Chance for Progressive Change Under the Obama Administration, by Kylie Alexandra ...... 67
Pharmaceutical Pollution in Water, by Geena Chau...... 73
Effects of Advertising on Society: A Literary Review, by Cassandra Hayko ...... 77
The Fruit of Good and Evil, by Richard Wei ...... 81
For the Time-Being: Buddhism, Dogen, and Temporality, by Anthony Ridenour ...... 85
Is Television Harmful to Children?, by Tabetha Block ...... 89
Out of Their Fields, Out of Their Diets: The 2002 Food Crisis Reveals why GMOs do not Belong in Africa, by Holly Miller ...... 93
Consumerism Revealed, by Katherine Pope ...... 99
HOHONU Volume 8 2010 - 5 6 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
and exporting commodities to stabilize their own individual The Globalized World economies. Although globalization has been a consistent process Stacy McKernan throughout history, why only now is it being debated if it is a English 215 positive development for the world community? In the book Globalization is a phenomenon and a revolution. It is Hot, Flat and Crowded, Thomas Friedman explains that a enveloping many countries while leaving others behind. Thus, combination of technological, market, and geopolitical events at many people question if globalization is beneficial to the global the end of the twentieth century had leveled the playing field in community. This was seen in the World Trade Organization a way that was enabling people, from more places than ever to protests held in Seattle a few years ago. To understand the take part in the global economy and, in the best case, to enter debate of the globalization dichotomies, citizens of all nations the middle class (Friedman, 29) should know what it is and how it affects everyone socially, Essentially, the introduction of the computer, the World environmentally and economically. It is defined as “a process Wide Web, and software and transmission protocols rapidly of interaction and integration among people, companies, increased the globalization process faster than anytime before. and governments of different nations; a process driven by These tools of globalization are not going to go away; they international trade and investment aided by information will only become more advanced, causing globalization to be technology” (Carnegie). inevitable. This is exemplified in western countries and Japan Many countries, such as the United States and Japan, through the ever-increasing technologies that result in economic have flourished in this world revolution with increasing prosperity. economic wealth, higher standards of living, and new social Japan is the only non-Western country to achieve economic order, with the spread of democracy. On the other hand, many stability similar to that of the western countries. How was this underdeveloped nations do not have the resources and capital achieved? In the early 1900s, they hit the financial revolution investments to become a part of the phenomenon and are with good central banks, security markets and, with this, consequently left with only the negative impacts while the rest investments from transnational companies. In this hundred year of the world progresses around them. Nonetheless, citizens period, they industrialized and produced millions of products of globalized countries are unwilling to give up their high sold on the world market. By 1998, Japan had reached a gross standards of living. However good or bad the globalization domestic product of $358 billion, relative to the world average phenomenon may be, it is an inevitable process that will (Sylla). That is a rate of 10 percent higher than the GDP in the continue to cause regions to prosper positively or fall deeper United Kingdom (Sylla). into poverty. Leading up to this high GDP was the Japanese automobile. Globalization has been economically beneficial to many In the 1980s, Japan was able to build cars faster and more developed countries such Sweden, Japan, and the U.S.. efficiently than any automobile producing company in the Although most people perceive globalization as a relatively world. In the early 1990s, Japan had eleven plants in North new phenomenon, it has been actively concurrent throughout America with more popping up in Western Europe as well history, only recently has it rapidly increased. In the late (Sadler). Japan’s economy relied heavily on its automobile 1800s, Sweden was poor and unable to produce enough food industry and without the ability of those companies to become to meet the needs of its population. Despite the lack of food, transnational, they might not have become as stable. their land produced numerous amounts of timber and steel Japan is also the leader in research and development deposits. The answer was trade: Sweden went to England and facilities in the world. Research and development (R&D) traded its timber and steel for much needed foods, which labs are essential for producing new electronics, computer marked the dawn of its industrial revolution. New companies hardware, and software. Japan has about 180 of these labs in the began exporting all over the world and, by 1950, the Swedish United States alone (Florida). Japan perfectly exemplifies the economy had quadrupled (Norberg). Without globalized trade, economic benefits of globalization through their success in their Sweden would not have imported the food it needed to keep its international automobile industries and R&D facilities. population high, and its people nourished, and, consequently, There are four stages of economic development that would not have become economically stable. Many globalized enhance the understanding of globalization. In the Te countries follow this same trend of international importing HOHONU Volume 8 2010 - 7 Global Economy, Brian Berry explains there are four stages of exploring other parts of the world, and subsequently, colonizing economic development that all interact with each other. There these new lands for resources. The nation of Hawai‘i is a great are factor-driven, investment-driven, innovation-driven, and example of the overthrowing of the existing rule for economic wealth-driven countries. Wealth-driven countries have reached increase by the U.S. In the warm climate of Hawai‘i, sugar cane a level of afuence that reduces the drive to succeed, which could be produced and exported throughout the world for a undermines innovation and investment, thus relying on other great profit. Because the U.S. had money, land and power, this countries for those aspects (Berry). Innovation driven countries was easy to do. “Overthrow” is not the ethical answer, but many are reliant on factor-driven countries that provide them with countries are willing to jump on the global bandwagon. resources and cheap labor. In the same way that wealth-driven Another instance where underdeveloped countries feel and innovation-driven societies rely on the lesser, the lesser the negative impacts of globalization is in Rwanda. Rwanda relies on them for opportunity and work. Some countries can is a small, underdeveloped African country comprised of very be incorporated in more than one category, for example: the little land. According to the World Bank statistics, Rwanda’s United States. GDP is ranked in the lowest 150 countries in the world (The Some believe that the United States reaps the most World Bank Group). Because they have little land with a large economic benefits of globalization. According to the United population, they are unable to grow the sufficient amount of States Bureau of Economic Analysis, the United States’ food needed to sustain their population. This same situation nominal GDP is $10,881,610.00, which is still more than worked out well for Sweden because it was able to export twice the amount of the second world economic leader, Japan commodities to obtain the wealth to import food, but Rwanda (U.S.). Comparatively, underdeveloped countries such as has not been as privileged. Rwanda has very little resources to Ecuador accumulate only a fraction of the GDP of the U.S. export and, as a result, they import food from other countries at $54,583.79 billion. The U.S. has managed to surpass many with the small amount of money they gain from exporting nations and has enabled some Americans to become heavy (Price). Therefore, they are stuck in an economic ditch, unable consumers with a high standard of living. Some women in to advance their way of life. America walk around with purses that cost enough to feed a In many ways the environment is a limiting factor whole family living in Kenya for a year. Although this is not on economics. Basic resources such as petroleum, trees, true of all Americans and this behavior does not only pertain and agricultural crops are extracted from the land and to United States citizens, it represents the contrasts between commoditized on the global market. Unfortunately, many of economically developed countries and underdeveloped these resources are non-renewable and are being depleted at countries. Even with this knowledge of enormous economic faster rates than they can be replenished. Globalization is at the differences, should the globalization revolution be perceived as heart of the over-exploitation or, more specifically, the depletion bad aspect for the global community? of these types of basic resources. Many societies are left out of the globalization process The main link to the depletion of resources and causing impoverished nations and low standards of living. globalization is over-consumption. Particularly, cultural Globalization requires underdeveloped countries to find some standards facilitate over-consumption and also facilitate the part of the economic production process to perform better and need for surplus commodities to be exported. As the United cheaper than their competitors, even at the expense of their own States industrialized and globalized, it became part of the internal needs (Tynes). This is essential to compete in the global culture to purchase commodities. There are about 203.1 market. For example, the workers of the Maquiladora factories million American adults in shopping centers monthly (Besio). in Mexico earn below minimum wage, in unsafe conditions to This statistic does not pertain to grocery markets. It signifies provide basic necessities for their families. As discussed above, the typical mall embodied by The Gap, Macy’s, Nordstrom, the underdeveloped or developing countries are represented and other high-end stores selling vast amounts of unnecessary, in the investment-driven or factor-driven economies. In these though some do not agree, items. All of these items require a stages, the countries are not only reduced to exploitation of significant quantity of resources, including cotton to create the outsourcing and raw materials, they are also regulated under the clothes, and oil that is required for international transportation. businesses of hegemonic, economically-ruling countries. Oil is intricately linked with globalization through time- Throughout history there has always been some sort space compression. The time-space compression refers to of hegemonic power between people. In most cases, this technologies, such as transportation, that decrease spatial and hegemonic power is linked to economic dominance and the temporal distances and increase the flow of communications ability to modernize and urbanize (Rowntree). After America and ideas. Unfortunately, oil consumption for transportation had begun to urbanize and exploit their own resources, it began is one of the biggest problems that the world faces today.
8 - HOHONU Volume 8 2010 Not only is its depletion harmful to our way of life because to overcome the obstacles to make the process more equal it is non-renewable, but the byproduct of its energy use is throughout the world - if they choose. even more harmful to our environment. Carbon dioxide is emitted after gasoline is burned and causes the Ozone layer to thicken. Because of this thickening, less heat can escape into Works Cited Berry, Brian, D. Michael Ray and Edgar Conkling. Te Global the atmosphere. This is essentially considered the “greenhouse Economy. New York: Prentice Hall College Division, 1993. effect”. As a result, the world’s temperature increases, causing ice Besio, Kathryn. “Things to do With Shopping Malls.” caps to melt and sea levels to rise. Geography 328, Cultural Geography, Kanaka‘ole Hall The islands of Hawai‘i are a great example of the necessity Room 109, University of Hawai‘i at Hilo, Hilo, Hawai‘i. 3 of globalized transportation. The transportation sector leads Mar 2009. energy demand in Hawai‘i due mainly to heavy jet fuel use by Carnegie Endowment for International Peace. “Welcome to military installations. The Hawaiian Islands are thousands of the Student’s Guide to Globalization.” Sept 2007. Te miles away from any continent, which requires commercial State University of New York. 1 Mar 2009 http://www. airlines for passengers and cargo. Currently, there are 52,897 globalization101.org. thousand barrels of oil being used annually in Hawai‘i (U.S.). United States. Department of Research and Development. The total amount of oil consumed encompasses 64% for County of Hawai‘i Data Book. Hawai‘i, 2002. transportation and almost 30% for aviation fuel, while diesel Florida, Richard. “The Globalization of Japanese R&D: The stands at a mere 6.8 %. On the Big Island each year there Economic Geography of Japanese R&D Investment in the are about 4,460,000 passengers enplaned and deplaned from United States.” Economic Geography 70 (1994): 344-369. the Kona and Hilo airports (Department of Research and JSTOR. 4 May 2009 < http://www.jstor.org/stable/143728 >. Development). Some brief calculations for how much oil is Friedman, Thomas. Hot, Flat, and Crowded. New York: Farrar, consumed on inter-island flights on any given day departing Straus and Girouz, 2008. and arriving in Hilo are as follows: total travel miles would be Norberg, Johan. “How Globalization Conquers Poverty.” Cato about 2112 between O‘ahu, Maui and Kona. These routes alone Journal (2003): 249-251. would utilize about $13,000 dollars of oil in just one day to Pelamis Wave Power Limited. “The Aguacadoura.” 12 Dec transport passengers and cargo. 2008. 1 Mar 2009
HOHONU Volume 8 2010 - 9 10 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
does not provide true wisdom and that enlightenment is the Mahayana Buddhist abandonment of conceptual thinking” (53). Philosophy* How did Nagarjuna argue for the emptiness of causality? Do Anthony Ridenour you agree to his arguments? Why or why not? Philosophy 450 Nagarjuna said, “Those who adhere to a view of emptiness How is Mahayana Buddhism philosophically diferent from are incorrigible.” The Madhyamika dialectic is a form of reductio Hinduism and Hinayana Buddhism? ad absurdum, used to reveal the absurd or contradictory nature of an opponent’s arguments. This dialectic is founded on the The philosophy of Mahayana Buddhism developed as tetralemma used in Indian logic that assumes four possible something of a counter to both Hinduism and Hinayana views: 1) affirmation, 2) negation, 3) both affirmation and Buddhism. The Mahayana consider the philosophies of both negation, and 4) neither affirmation nor negation. With this Hinduism and Hinayana as extreme, and while Hinduism four-step formula of analysis, he considered six possibilities and Hinayana Buddhism are similar in many ways, their core concerning the relationship between cause and effect, and philosophies are quite polar. Hindu philosophy asserts the argued its impossibility because any view of causation leads to existence of atman, the soul, self or ego, and consider this to be contradiction or absurdity. Thus, Nagarjuna’s argumentative aim the essence of man: one and the same as Brahman, the supreme was a wholesale negation of “attempts to characterize things,” reality of the universe. This reality is Absolute, unchanging, (36). He made a point to analyze even his own argumentation unformed and unceasing: it is permanent and stands behind all in this way and advocated a refutation of characterizing or the phenomena of the world. conceptualizing emptiness, which is causality, which is the Hinayana Buddhism, on the other hand, staunchly denies Middle Way. Nothing escapes the scrutiny of Nagarjuna’s such a reality of substantive permanence and self and instead logic as it is applied until there is no position or view left to be declares that all things (dharmas) in the universe are in constant proved. The wisdom of the emptiness of causality Nagarjuna flux. Nowhere is there found an abiding self that is independent advocates holds no view of its own of anything whatsoever, of the five Skandhas, that are permanent and unchanging. and ultimately what’s left in the wake is the true state of In fact, there is no Absolute reality other than the reality of things, the Middle Way or causality, as being indescribable and dependent-origination (pratityasamutpada), the constant flux incomprehensible to conventional thought and language. of dharmas. What is taken to be real in Hinayana Buddhism is I wholeheartedly agree with Nagarjuna’s arguments not the atman or soul, but rather the dharmas, each themselves concerning the emptiness of emptiness or the Middle Way, possessing no self-nature, but nonetheless real and subject to the causality. Cherishing the notion that emptiness is an absolute constant flux of impermanence and karma. reality unto itself is no different then ascribing a self-existence Quite succinctly, as stated in the general introduction or absolute reality to anything else of the world, whether it be of Empty Logic, “the chief philosophical difference between a self, a god, or utter non-existence. To realize the emptiness Hinayana and Mahayana is that while Hinayanists assert of phenomena is one thing, but to come face-to-face with the the reality of dharmas, elements or entities, Mahayanists emptiness of emptiness is much more subtle. I believe I have declare that all things are empty” (Cheng 15). Mahayanists had personal experience of this myself, however brief it was, claimed that that if the views of orthodox Hinduism were too and can attest that the wisdom revealed by direct experience extreme, the opposite views, those of the Hinayanists, were of emptiness is complete eradication of conceptualization. also too extreme. So rather than shifting focus of the nature Emptiness then ceases to be a characteristic or attribute of of reality as being composed of one thing, Atman-Brahman, anything at all, and even conceptualizing emptiness, or rather to another thing, dharmas, Mahayana philosophy proclaimed causality itself, is abandoned. Emptiness, being empty itself, that all aspects of existence are empty of own-being. To the is then the full action of causality, and the Middle Way is Mahayana, to maintain the Atman-Brahman as real, or to argue manifest before one’s very eyes. If these truly are the results of impermanent dharmas are real, are both extreme views, and Nagarjuna’s explanation of the Buddha Dharma as emptiness, so the Mahayana philosophy refutes both for emptiness, the a restatement of the Middle Way and pratityasamutpada, then I doctrine that “emptiness is an unattached insight that truths am in full agreement with his arguments. are not absolutely true. It teaches that discursive knowledge
HOHONU Volume 8 2010 - 11 Who is the Buddha? Is he a divine being or merely a human Buddha. First note that Shakyamuni, when asked about being in the eyes of the Buddhists? the existence of God, remained silent. Nagarjuna and the Madhyamika, in short, “do not assert that the existence of God These questions are not clear-cut, black or white: is false or doubtful, but that God’s existence as the creator of Historically speaking, the Buddha is simply the founder of the the world is unintelligible,” and no special attention is given to Dharma Sangha and the if indeed such a singular man existed. the Buddha as important (90). Zen Buddhism takes this last What made the Buddha the “Awakened One” and significant statement to its end by answering the question, “who is the among his peers was his enlightenment. What may help to Buddha?” with “Three pounds of flax.” The Master Lin Chi is answer the above questions is to investigate how this act of known for saying, “If you meet the Buddha, kill the Buddha. If awakening or enlightenment transforms the person from an you meet the Patriarch, kill the Patriarch.” This is, of course, not historical perspective. The question is then: did the Buddha’s to be taken literally but it is to aid the student in eradicating enlightenment transform him into the divine, or was he just false views of external independence. happy? In sum, the Buddha is universally accepted as at least the Stories abound in the Pali canon and the later Mahayana historical founder of the movement. After his parinirvana nearly sutras of the Buddha’s superhuman abilities. The Jataka stories every school developed its own interpretation of his importance bodhisattva recount the previous lives of the Buddha as a in their practice. Through the history of Buddhism his performing miraculous deeds out of his compassion and love for deification cannot be deemed insignificant, and the true reality sutras all living beings. Other later describe in great poetic detail of his being a divine being or merely a gifted human is left to the realms of the Celestial Buddhas, incalculable in number the discretion of each individual Buddhist. and unsurpassed in bliss and beauty. The Buddhist cosmologies of both Hinayana and Mahayana are full of all kinds of beings: gods, devas, humans, animals, ghosts, and demons. The Work Cited Buddhas, above all, are held in the highest esteem by all beings and possess all the qualities of perfect wisdom and compassion. Cheng, Hsueh-li. Empty Logic: Madhyamika Buddhism from Many of these descriptions and stories of the Buddha and Chinese Sources. Delhi, India, 1991. the universe are fantastical, and it is unclear to what degree they were taken literally by Buddhists. Two things are clear *These three essays were submitted as an exam; a list of eight about these stories: they were often written with the purpose questions were posed, of which the students selected three of explaining a particular moral or ethical discipline, and they questions to discuss and submit for grading. often contained explanations of the benefits one receives by proclaiming to others the message of the particular text. Alternatively, there are disciplines and schools of Buddhist thought that express no interest whatsoever in deifying the
12 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
Although many Jewish people suffered as the Nazis Nazi Experiments used their bodies in sadistic experiments, much of the data discovered could potentially be used in modern medicine to Tabitha Gomes save many lives today. Using the data has been a controversial History 395 issue over the years and a struggle to decide if it would be a greater ethical issue to use data that was taken immorally and The Nazi regime began building concentration camps in disrespect those who died, or to not use the data, and allow 1933, and, by 1945, they had established 20,000 camps, all to those alive to suffer. 1 imprison millions. Along with the Jewish people, many Poles, The Nazi doctors knew exactly what they would do with Gypsies, Soviet POWs, homosexuals, and Jehovah Witnesses – the Jewish people, and Heinrich Himmler, chief of the SS, was 2 all of whom were “considered sub-human by Nazi standards” directly in charge of their orders to exterminate or experiment. – were placed into camps throughout Europe; “[t]hese facilities Every experiment fell into one of three categories: military were called ‘concentration camps’ because those imprisoned research, pharmaceutical, or racially motivated experiments.7 3 there were physically “concentrated” in one location.” In Military experiments were aimed at ensuring the survival of December 1941, to help facilitate Hitler’s “final solution,” soldiers in the German army; these experiments consisted 4 the first extermination camp was opened in Chelmno. Out of freezing victims for hypothermia research, testing potable of the thousands of concentration camps, there were a few seawater on gypsies, high-altitude simulation tests to benefit major locations where experiments were performed: Auschwitz, pilots, and finding cures for war wounds. Pharmaceutical 5 Dachau, Buchenwald, Mauthausen, and Ravensbruke. experiments were focused on finding cures or treatment for the The Jewish people and other “sub-humans” had no diseases and illnesses that were a direct threat to the German chance to escape the Holocaust and were immediately sent to military and citizens. Some of the diseases encountered were either a concentration or an extermination camp. Not only small pox, tuberculosis, typhus, typhoid fever, yellow fever, were the people discriminated against, torn from their homes malaria and hepatitis. This category also included experiments and families, killed or worked to death, they were also used with mustard and phosgene gas, bone-grafts, and sulfanilamide as test subjects. Instead of using rats, the Nazi doctors chose drugs. The last set of experiments was categorized as racially to perform inhumane experiments on the Jewish prisoners. motivated because the Germans sought out to advance the The experiments were done by force and victims experienced Aryan race with genetic and racial goals. The Nazi doctors excruciating pain because no anesthesia was used; this caused experimented with sterilization, artificial insemination, twins, many deaths and most survivors left with serious disabilities. and even had a Jewish bone collection.8 The Holocaust was a horrific and frightening time for the Malaria was a common disease among citizens of the Jewish people, resulting in the killing of nearly six-million German-occupied countries; therefore Heinrich Himmler people; “[i]n addition to the six million Jewish men, women ordered Dr. Klaus Karl Schilling9 to perform experiments in and children who were murdered at least an equal number of concordance with this. Between February 1942 and April non-Jews was also killed,” by no other means than deliberate 1945, over 1,200 prisoners at the Dachau concentration camp 6 murder. were experimented on to investigate possible treatments, and 1 United States Holocaust Memorial Museum, Holocaust Encyclopedia, vaccinations, for malaria.10 Dr. Schilling usually picked healthy Nazi Medical experiments. (accessed March 20, 2009).http://www.ushmm. org/wlc/article.php?lang=en&ModuleId=10005168#RelatedLinks individuals for his experiments, sent them to get x-rays first, 2 American-Israeli Coopertive Enterprise, Jewish Virtual Library, 2009. 7 American-Israeli Coopertive Enterprise, Jewish Virtual Library, 2009. (accessed April 20, 2009) http://www.jewishvirtuallibrary.org/jsource/ (accessed April 20, 2009) http://www.jewishvirtuallibrary.org/jsource/ Holocaust/cclist.html. Holocaust/cclist.html. United States Holocaust Memorial Museum. 3 United States Holocaust Memorial Museum, Holocaust Encyclopedia, “Holocaust Encyclopedia.” Nazi Medical experiments. March 11, 2009. Nazi Medical experiments. (accessed March 20, 2009).http://www.ushmm. http://www.ushmm.org/wlc/article.php?lang=en&ModuleId=10005168# org/wlc/article.php?lang=en&ModuleId=10005168#RelatedLinks RelatedLinks (accessed March 20, 2009). 4 United States Holocaust Memorial Museum, Holocaust Encyclopedia, 8 United States Holocaust Memorial Museum, Holocaust Encyclopedia, Nazi Medical experiments. (accessed March 20, 2009).http://www.ushmm. Nazi Medical experiments. (accessed March 20, 2009).http://www.ushmm. org/wlc/article.php?lang=en&ModuleId=10005168#RelatedLinks org/wlc/article.php?lang=en&ModuleId=10005168#RelatedLinks 5 Linda M. Woolf, Ph.D. Webster University Nazi Science. (accessed 04 15, 9 Dr. Schilling was a member of the League of Nations Malaria 2009) http://www.webster.edu/~woolflm/deathcamps.html.. Commission. Mellanby, Kenneth. British Medical Journal, “Medical 6 American-Israeli Coopertive Enterprise, Jewish Virtual Library, 2009. Experiments in Nazi Concentration Camps.” (1947)p. 147 (accessed April 20, 2009) http://www.jewishvirtuallibrary.org/jsource/ 10 Spitz, Vivien. Doctors from Hell: Te Horrifc Account of Nazi Experiments Holocaust/cclist.html. on Humans. Boulder: (Sentient Publications, 2005). P.103 HOHONU Volume 8 2010 - 13 then infected them by either using live infected mosquitoes, children for testing. About 200 test subjects died, but even or by injections using extracts from the mosquito’s mucous then, the tuberculosis experiments were not extensive because glands.11 After a couple of weeks, victims would begin to the Allied forces were approaching. have malaria attacks and that is when the experiment truly During WWII, Himmler was afraid that the Allies in began. Dr. Schilling’s nurses would then inject the patient with Africa would attack the Germans using phosgene gas so he medication during an attack; every attack was an opportunity ordered Doctor Bickenbach to find a means of protection to test a new drug as a possible cure for malaria. Some of the against such poisoning. Bickenbach used 52 French drugs used were neo-salvasan, quinine, perifere, and atabrine. concentration-camp prisoners at Fort Ney near Strasbourg, Malaria itself killed 30 prisoners, while the side effects from France, led them into an airtight chamber, and opened a vial the medications killed three to four hundred.12 Atabrine was of phosgene.16 Four prisoners died from the experiment, while developed by the Germans and later used by the U.S. military the rest had serious lung irritations and later suffered from to prevent malaria. pulmonary edema.17 Experiments on typhus, also known as German fekfeber Phosgene, today, is a chemical used in the production of (“spotted fever”), were conducted at Buchenwald and plastics and pesticides. In 1989, the Environmental Protection Natzweiler concentration camps from December 1941 until Agency (EPA) considered air pollution regulations on the February 1945 in order to benefit the German military. The toxic gas. The EPA conducted research on the effects of the goal for Dr. Eugene Haagen was to test chemical substances phosgene gas for the workers and those who live nearby the and already produced vaccinations for their effectiveness13 . manufacturing plants. They discovered that it caused skin, eye, Haagen obtained the healthier inmates and vaccinated them and upper respiratory tract irritation as well as a fluid buildup with Antityphus vaccine, then injected them with the spotted in the lungs which can result in death by “drowning.” The EPA fever germ to test the vaccination effectiveness. At the same has relied solely on the effects of phosgene gas on animals for time, he injected the “control group” with only the spotted human research because they feel it would be immoral to use fever germ for comparison. After a three to four week period, Nazi data. Also, the former Chief Administrator did not want the victims had spotted fever symptoms and the doctors could to use the data because it might open the doors for criticism. determine the effectiveness of having a vaccine compared to the The Nazi experiments were conducted on humans, therefore the effects of thevirus. 14 In order to keep the spotted fever virus results on the amount of phosgene that effects humans could be alive for testing purposes, a large amount of healthy inmates substantially different than those of animals. The choices made were also infected with the virus; this resulted in a 90 percent by Thomas may not be fair to those actually being exposed to death rate. These typhus experiments were connected to the the gas and the feelings about using the data would most likely Bayer pharmaceutical company because they provided the be different to thoseexposed. 18 medications to use on ill patients in order to test the various Sulfanilamide was first being used in 1936 with the drugs and its efficiency. German Army in order to treat open wounds and kill bacteria. Tuberculosis was another threat to the German people, From 1941 to 1943, on the Russian fronts, the German army and between December 1944 and February 1945, Nazi doctors had many casualties that suffered due to gangrene infection. performed experiments to discover whether people could In order to test the effectiveness of Sulfanilamide on bacteria, possibly have natural immunities to the disease, and also to Nazi doctors created war-like wounds on Jewish prisoners. develop a vaccination. To infect the subjects with tuberculosis, The doctors created wounds on the victims and often rubbed Doctor Kurt Heissmeyer injected the live bacteria into the ground glass or wood shavings into the wound and then lungs of his patients at Neuengamme concentration camp.15 infected it with bacteria often, streptococcus, tetanus or gas Heissmeyer also removed the lymph nodes from the arms of gangrene. As result victims suffered extensive injuries and pain 11 George J. Annas, Micheal A. Grodin. Te Nazi doctors and the Nuremberg while others died.19 Sulfanilamide is still used today under Code : human rights in human experimentation. (New York: Oxford Press: doctor’s prescription to stop the growth of certain bacteria. 2002). P.76 12 Spitz, Vivien. Doctors from Hell: Te Horrifc Account of Nazi Experiments At the Nuremberg “Doctor Trials” of 1946-1947, Telford on Humans. Boulder: Sentient Publications, 2005.p. 106 13 Eugene Haagen was an officer in the Air Force Medical service and a 16 American-Israeli Coopertive Enterprise, Jewish Virtual Library, 2009. professor at the University of Strasbourg. George J. Annas, Micheal A. (accessed April 20, 2009) http://www.jewishvirtuallibrary.org/jsource/ Grodin. Te Nazi doctors and the Nuremberg Code : human rights in human Holocaust/cclist.html. experimentation. (New York: Oxford Press, 2002).p.81 17 PBS. Holocaust on Trial. 2000. (accessed February 11, 2009) http://www. 14 American-Israeli Coopertive Enterprise. Jewish Virtual Library. 2009. pbs.org/wgbh/nova/holocaust/experiintro2.html. (accessed April 20, 2009).http://www.jewishvirtuallibrary.org/jsource/ 18 American-Israeli Coopertive Enterprise. Jewish Virtual Library. 2009. Holocaust/cclist.html. http://www.jewishvirtuallibrary.org/jsource/Holocaust/cclist.html 15 American-Israeli Coopertive Enterprise, Jewish Virtual Library, 2009. (accessed April 20, 2009). (accessed April 20, 2009) http://www.jewishvirtuallibrary.org/jsource/ 19 PBS. Holocaust on Trial. 2000. (accessed February 11, 2009) http://www. Holocaust/cclist.html. pbs.org/wgbh/nova/holocaust/experiintro2.html. 14 - HOHONU Volume 8 2010 Taylor opened with comments that suggested the Nazi Doctors possible heart transplant from A. Suppose the doctor did not had turned Germany into a “lunatic asylum and a charnel wait until A died and removed his heart anyway. Do you now house.”20 It is a common notion that the Nazis abandoned throw the heart away because it was taken in the act of murder ethics and created a bad name for German science. Is it true or do you save B’s life with the murdered heart? Keeping both A to believe that Nazi’s really abandoned ethics, and if they did, and B in mind, and ethically-knowing that the doctor killed A, would that make their experiments bad science? It depends on should he let B suffer and die because of it? Suppose the doctor what “bad science” really is and if abandoning ethics is the only transplanted the heart into B, is he now A’s killer and B’s hero? determining factor in creating “bad science.” Whether people Where do you draw the line in medical ethics?23 want to accept the experiments or not, they have been done Using the data from the Nazi medical experiments has and they cannot be discounted. From the stand of morals and been a taboo issue because many believe that using the data will ethics they were unacceptable, but from the stand of science validate the torture and inhumanity, sending a message that and technology they are advancement: “[a]lthough the data is what the Nazi’s did was “okay.” This could potentially make morally tainted and soaked with the blood of its victims, one those using the data responsible for disrespect and dishonor to cannot escape confronting the dreaded possibility that perhaps the victims. One Holocaust survivor said, “As much as I am for the doctors at Dachau actually learned something that today scientific research for the betterment of humanity, I do feel that could help save lives or ‘benefit’ society.”21 the scientific data collected from experiments done on inmates The argument that Nazi experiments are to be considered of Nazi concentration camps should not be used. If I would “bad science,” could be relevant when discussing the health agree, I feel I [would] give a stamp of approval to the ways and of the patients. Experiments were done on the prisoners means [these] experiments have been conducted and quasi- considered to be healthy, which means that they were not as legalize [them].”24 wasted away as the rest. However, all the prisoners were “usually Arguably, not using the experiment data may suggest malnourished, emaciated, and severely weakened, and thus that the victims died for no reason and their suffering meant their physiological responses to the experiments would likely be nothing. Another Holocaust survivor stated that, “It appears different from those of normal, healthy people.”22 It is easy to that, at least in some cases, there was an attempt to induce believe that the patients were more susceptible to diseases and illness by injecting bacteria and then an attempt to cure these illnesses since they were malnourished. Yet, if they were so sick, illnesses. [T]hat is to say, we served as laboratory animals in how did so many survive? Would you call the survivors lucky, the hands of the criminal, Mengele, and this type of research or were they the results of “good science?” It would be easier should, of course, be made available to the world.”25 to claim the experiments to be pseudoscience if there were no There is no direct link in data that compares modern survivors. vaccinations to the pharmaceutical experiments of the Nazi’s; If data discovered by the Nazi’s in their sadistic however, the notion that Nazis directly contributed data experiments could be used to save others, should that data to modern-day vaccinations is not farfetched. If the Nazi still be disregarded because of ethical issues? Wouldn’t that experiments did help with modern vaccinations and the now become a new ethical problem if doctors denied care to a evidence was available, would it be fair to discontinue the patient because the data came from Nazi experiments? Who is vaccinations in honor of the Holocaust victims? now considered unethical? Arguably, if the Nazi experiments Although many Jewish people suffered as the Nazis were so horrific, then only in a case where the denial of medical used their bodies in sadistic experiments, much of the data attention becomes an immense objective and, ultimately, a discovered could potentially be used in modern medicine greater ethical issue than the experiments itself, the data could to save many lives today. It has been over 70 years since the then be used. atrocities and while the past is not erasable, what is done is An article from the Jewish Virtual Library called “The done and respect is all that can be given. Every individual will Ethics of Using Medical Data from Nazi Experiments,” choose his own path in the controversy and will either use, or acknowledged an analogy of using “tainted” or “bad” medicine. discount, the Nazi experiment data, whether or not lives can be Cohen pointed out a scenario with two patients in the hospital: saved: “[w]hat occurred in the Nazi concentration camps has Patient A is on the verge of death and Patient B is awaiting a 23 American-Israeli Coopertive Enterprise. Jewish Virtual Library. 2009. 20 Proctor, Robert N. “Nazi Science and Nazi Medical Ethics: Some Myths http://www.jewishvirtuallibrary.org/jsource/Holocaust/cclist.html and Misconceptions.” Perspectives in Biology and Medicine, (2000) 335- (accessed April 20, 2009). 346.p.335 24 Anonymous survivor of Dr. Josef Mengele’s twins experiments at 21 American-Israeli Coopertive Enterprise, Jewish Virtual Library, 2009. Auschwitz. PBS. Holocaust on Trial. 2000. (accessed February 11, 2009) (accessed April 20, 2009) http://www.jewishvirtuallibrary.org/jsource/ http://www.pbs.org/wgbh/nova/holocaust/experiintro2.html. Holocaust/cclist.html. 25 PBS. Holocaust on Trial. 2000. (accessed February 11, 2009) http://www. 22 PBS. Holocaust on Trial. 2000. (accessed February 11, 2009) http://www. pbs.org/wgbh/nova/holocaust/experiintro2.html. pbs.org/wgbh/nova/holocaust/experiintro2.html. HOHONU Volume 8 2010 - 15 influenced patient care, the ethics of human experimentation, Experiments on Humans. Boulder: Sentient Publications, and whether doctors can or should cite these experiments in 2005. their current research projects.”26 The data should not be fully Susan Benedict, Jane Georges. “Nurses and the sterilization censored: it should be made available to those doctors with a experiments of Auschwitz: a postmodernist perspective.” greater intent in mind, and to those with the ability to verify Nursing Iquiry, 2006: 277-288. that the information will be used only to save human lives. United States Holocaust Memorial Museum. “Holocaust Encyclopedia.” Nazi Medical experiments. March 11, 2009. http://www.ushmm.org/wlc/article.php?lang=en&ModuleI Bibliography d=10005168#RelatedLinks (accessed March 20, 2009).
Alan Milchman, Alan Rosenburg. “Experiments in thinking the Holocaust: Auschwits, Modernity and Philosophy.” Dialogue and Universalism, 2003: 149. American-Isralie Cooperative Interprise. Jewish Virtual Library. 2009. http://www.jewishvirtuallibrary.org/jsource/ Holocaust/medtoc.html (accessed February 11, 2009). Bulow, Luis. Medical Experiments the Holocaust. 2007. http:// www.deathcamps.info/Experiments/experiments.htm (accessed February 9, 2009). Economic Expert. http://www.economicexpert.com/a/ Nazi:human:experimentation.html (accessed April 27, 2009). George J. Annas, Micheal A. Grodin. Te Nazi doctors and the Nuremberg Code : human rights in human experimentation. New York: Oxford Press, 2002. Kordata, Andrew. “The Nazi Medical Experiments.” ADF Health, 2006: 33-37. Linda M. Woolf, Ph.D. Webster University Nazi Science. http:// www.webster.edu/~woolflm/deathcamps.html (accessed 04 15, 2009). Mellanby, Kenneth. “Medical Experiments in Nazi Concentration Camps.” British Medical Journal, 1947: 3. PBS. Holocaust on Trial. 2000. http://www.pbs.org/wgbh/nova/ holocaust/experiintro2.html (accessed February 11, 2009). Proctor, Robert N. “Nazi Science and Nazi Medical Ethics: Some Myths and Misconceptions.” Perspectives in Biology and Medicine, 2000: 335-346. Quinn, Carol. “Taking Seriously Victims of Unethical Experiments: Susan Brison’s Conception of the Self and Its Relevance to Bioethics.” Journal of Social Philosophy, 2000: 316-325. Reddy, Navin. Te Nazi Experiment Holocaust. December 1, 2008. http://clinicalresearchzone.blogspot.com/2008/12/ nazi-experiment-holocaust.html (accessed April 27, 2009). Roelcke, Volker. “Nazi medicine and research on human beings.” Lancet, 2004: 6-7. Spitz, Vivien. Doctors from Hell: Te Horrifc Account of Nazi 26 Kordata, Andrew. “The Nazi Medical Experiments.” ADF Health, (2006) 33-37. p. 37
16 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
Throughout this essay, the terms “war rape” and “sexual War, Society, and Sexual violence” will be used interchangeably, primarily because acts of war rape often coincide with additional forms of sexual violence. Violence: According to a United Nations Development Fund for Women A Feminist Analysis of the Origin report released in 2002, sexual violence against women in war includes being raped at home or in public, often in front of and Prevention of War Rape family members; deliberate HIV infection to ‘contaminate’ the enemy population; sexual slavery and sex trafficking; and, forced Kylie Alexandra impregnation or abortion (Hynes 2004). Rape includes forced Sociology 494 penetration with a penis or other foreign object, such as a stick or weapon, as well as genital stabbing, and can be perpetrated by a Armed conflict is a predictor of sexual violence against single combatant, gangs, or by a series of combatants in the form women (Hynes 2004). Rape in war is not a new phenomenon of sex trafficking of women and girls between soldiers. War rape but the intensity of the violence inflicted upon victims appears frequently results in serious physical and psychological harm, and to be on the rise (Farr 2009; Gottschall 2004; Hargreaves 2001; can be accompanied by torture (or indeed, regarded as torture Hynes and Cardozo 2000; Hynes 2004). Prior to the 1990s, [Hoglund 2003; Seifert 1996]) and death (Farr 2009). theorists ignored war rape as a side-effect of conflict or as isolated Similarly, for the purpose of this essay “war” and “armed acts of individual soldiers motivated by sexual desire (Hoglund conflict” will be used interchangeably and generally defined as 2003). Heightened attention generated by the efforts of female political conflicts which involve at least one state or sub-state reporters, activists, and scholars to document the sexual violence armed group (Farr 2009; Melander 2005). Hence, armed committed as part of the civil wars in Rwanda and the former conflicts include both civil and international disputes. This Yugoslavia prompted international outrage. This outrage definition is deliberately broad in order to include small scale redirected scholars to understand the origin and dynamics of conflicts within the analysis – such as the recent spate of violence war rape (Gottschall 2004; Gunhammer 2005; Hoglund 2003; and retaliatory rapes committed by Guinean armed forces against Hynes 2004; Jennings and Swiss 2001; Seifert 1996; Shanks and female political protestors (Quist-Arcton 2009). Moreover, in Schull 2000). line with Hynes (2004), an important aim of this essay is to War rape is a complex dynamic encompassed by layers of broaden the popular conception of war to include sexual violence meaning which vary between conflicts. However, many feminist and shed light on war-related discourses concerning social and scholars are beginning to argue that a common thread underlies economic institutions and gender construction in both peace and most, if not all, manifestations of war rape. Popular explanations war. Appropriate use of personal narratives can help to illustrate for war rape range from sociobiological theory undergirded by these connections. male sexual desire, to strategic or genocidal theory that posits Personal narratives are often difficult to read, but it is rape as a ‘weapon of war.’ These theories are inadequate in their through them that we can approach an understanding of the explanatory power and insufficient when it comes to exploring lived suffering of thousands of women (Farr 2009). Doug ways to prevent war rape. Henry (2006) refers to personal narratives as “privileged forms In contrast, feminist theory points to the gendered social, of knowledge” (P.382). By this, Henry (2006) differentiates political, and economic hierarchies that produce misogynistic between knowledge derived from lived experience and knowledge cultural norms which are exacerbated in the chaos of war (Baaz derived through academic study. He further explains that and Stern 2009; Caprioli 2000; Farr 2009; Seifert 1996; Turpin one must be careful not to cloak human suffering in academic 2003). Understanding war rape involves an analysis of the social language or transform an understanding of violence into a structures that precede and situate the conflict and an awareness rationalization for violence. Personal narratives remind us to be of how war reifies, and celebrates militant masculinity (Baaz vigilant of that boundary, including the following experience told and Stern 2009; Henry 2006; Turpin 2003). War rape is an by a rape survivor from the Ugandan civil war: extreme manifestation of cultural and political norms that stratify I was 30 years old and married when I was gang-raped. I gender and commodify women. Preventing war rape flows from had temporarily separated from my husband amidst fleeing reconfiguring the entrenched social norms that provide the fertile and insecurity when the village was attacked by government soil for sexual violence to occur. HOHONU Volume 8 2010 - 17 soldiers. I … ran into the bush where I met my first ordeal. range from 20,000 to 60,000 (Hoglund 2003; Seifert 1996); Six soldiers found me hiding and raped me one after • Estimates on the number of Rwandan Tutsis raped by Hutus another. Before I had recovered I was again gang raped at a in 1994 range from 250,000 to 500,000 (Hynes 2004; military check-point. This time I was raped by 15 soldiers. Mukamana and Brysiewicz 2008); This left me shattered. I was once again torn to an extent • Figures for the number of women raped by Soviet forces that I could not control my biological functions. The in 1945 Berlin range from 20,000 to 100,000 (Gottschall cervix was dislocated and the uterus started hanging out. 2004; Hoglund 2003; Hynes and Cardozo 2000) and Whenever I am bathing I have to push it back in. (Turshen 120,000 to 900,00 (Seifert 1996); numbers increase to two 2000:819) million if one considers all of Eastern Germany (Turpin The above narrative touches upon multiple themes packaged 2003); into war rape: the tendency for modern conflict to play out on • From 1971 – 1972 Pakistani soldiers raped approximately the battlefield of women’s homes and bodies (Farr 2009; Hynes 200,000 Bangladeshi women (Gottschall 2004; Seifert 1996; 2004; Henry 2006; Turpin 2003); the vulnerability of women Turpin 2003); and to rape in “flight” when they seek protection in refugee camps or • Approximately 94% of surveyed households reported sexual neighboring towns (Farr 2009; Hynes and Cardozo 2000; Shanks violence during the Sierra Leonean civil war (Hynes 2004). and Schull 2000; Turpin 2003); and the abject dehumanization Until recently, the international community remained silent of women that are appropriated as sex objects in the most on the prevalence of war rape (Farr 2009; Shanks and Shull heinous manner. 2000). Anna T. Hogland (2003) points to the public/private In modern warfare, civilians increasingly find themselves paradox of war rape: the sexual aspect of the violence coupled caught in the frontlines of battle (Seifert 1996). Estimates of the with cultural taboos confines war rape to the personal or private civilian death toll range from 75 – 90% with the majority being realm, yet its pervasiveness within and across conflicts places rape women and children (Farr 2009). The proximate convergence firmly within the scope of “public” violence. To ensure women’s of combatants and civilians prompts Kathryn Farr (2009) to protection and women’s justice this paradox must be cast off describe war rape as “site-ubiquitous,” meaning that it occurs (Hoglund 2003). The Bassiouni Report produced by a United anywhere, including homes, streets, road blocks, border check- Nations investigator for the International Criminal Tribunal for points, detention centers, and refugee camps (P.6). the former Yugoslavia (ICTY) represented a groundbreaking Numerous obstacles prevent a complete understanding of attempt to document war rape and formed a critical part of the the amount of sexual violence in any particular conflict. During ICTY’s ability to prosecute rape as a war crime (Gunhammer war, legitimate agencies cannot always be situated to collect data 2005). or receive reports (Farr 2009). A significant barrier to reporting Acknowledgment and documentation of war rape is the stems from women’s internalization of guilt and shame as a result first step toward its prevention. Scholarship on the subject of cultural views that blame women for men’s sexual deviance traces an arc from explanations that focus on individual behavior (Hynes 2004). The strong stigma associated with rape causes to feminist explanations that point to how cumulative social many women to fear being rejected by their husbands and practices and institutions shape the collective and individual community (Hynes and Cardozo 2000; Hynes 2004; Jennings psyches that perpetrate war rape. and Swiss 2001; Mukamana and Brysiewicz 2008). Methods Traditional discourse viewed the rape of enemy women for data collection also vary considerably. Statistics on war rape as the “victor’s reward” or as a property crime violated against generally overlook variations between number of victims and men (Hoglund 2003; Pistono 1988). Article 27 of the Fourth number of incidents, which is important in light of the fact that Geneva Convention adopted in 1949 states that “women shall many women are often repeatedly raped. Rapes of women who be especially protected against any attack on their honor, in are also killed are frequently missing from the data. Fully 25% of particular against rape, enforced prostitution, or any form of the indigenous Shan women raped by the Myanmar armed forces indecent assault” (Hoglund 2003:355). Depicting rape and were also killed (Farr 2009). sexual violence as an attack on a woman’s honor rather than an As a result, figures for the prevalence of war rape vary widely. attack on her body suggests that women have no recourse against Nonetheless, they are still useful for understanding the scope of attacks on their bodies – and that they do not “own” their bodies. the violence – and for refuting claims that war rape is committed The traditional view of war rape reifies an essentialist portrait that by a few rogue soldiers (Hoglund 2003; Quist-Arcton 2009). For depicts aggressive and sexualized males sullying ‘pure’ women. It example: reinforces cultural customs that prize women’s sexual purity and • Estimates on the number of Muslim women raped by which are strongly correlative with gender inequalities. Bosnian Serbs during the civil war in the former Yugoslavia Jonathan Gottschall (2004) embraces the sociobiological
18 - HOHONU Volume 8 2010 view which explains war rape through a combination of male and alleged that even though not all men rape, all men benefit sexual desire and environmental influences. This perspective from the actions of rapists because women’s fear of being raped claims that sexual desire underlies war rape since anecdotal prevents them from challenging the patriarchal order (Pistono evidence suggests that young, reproductive-age women are 1988). Brownmiller’s theory is evident in the recent spate of the primary targets. He further argues that war rape must retaliatory rapes in the West African nation of Guinea. On be “natural” because of its cross-cultural manifestation and September 28, 2009, members of the Guinea armed forces prehistoric origin (Gottschall 2004:134). When soldiers refrain reacted to women’s political protests with rampant and violent from raping women, sociocultural forces are preventing them rapes in broad daylight. One woman reported being told by from acting on their otherwise “natural” inclination to rape. a soldier who raped her that “a woman’s place is in the home” Thwarted or repressed sexual desire may form a component and that the rapes were intended to intimidate women into of some incidences of war rape, what Farr (2009) refers to as surrendering their shred of political power to the men in charge “opportunistic” rape, but it does not account for the massive scale of the country (Quist-Arcton 2009). of war rape (p.14). Rape makes a literal and symbolic statement In the former Yugoslavia, the war rape committed by that denies a woman her personhood. In each case, something Bosnian Serb soldiers exemplifies sexual terrorism since the else functions to undergird soldiers’ belief that it is acceptable to primary, although indirect, targets were the male enemy soldiers. rape women by force. Sociobiologists may be confusing sexual Rape became a way to humiliate enemy forces through their desire for a motivational factor when it is more an operational inability to protect the community (Farr 2009; Gottschall 2004; necessity. Moreover, research suggests that women and girls of all Shanks and Shull 2000). From Yugoslavia to the DRC, extensive ages are victims of war rape. In the Democratic Republic of the war rape destroys the social fabric because raped women are Congo (DRC), females aged five to 80 suffered gang rapes and frequently ostracized by their communities (Shanks and Shull had their genitalia punctured with foreign objects (Hynes 2004); 2000). Still, locating proof of war rape’s official sanctioning is in Liberia, 50% of women aged 15 to 70 experienced rape or extremely difficult. The clearest evidence comes from Rwanda, physical abuse during the 1989 – 1997 civil conflict (Hynes and when Hutu leaders gave explicit orders for their soldiers to rape Cardozo 2000). Tutsi women (Mukamana and Brysiewicz 2008). As a result, the Ruth Seifert (1996) responds to the sociobiological view International Criminal Tribunal for Rwanda (ICTR), the court with rape studies that consistently show that desire for power charged with prosecuting war crimes committed during the 1994 and domination over the victim trumps sexual desire as the civil war, characterized the widespread rape of Tutsi women as motivation to rape. Michael Kimmel (2008) argues that cross- “genocidal rape” (Buss 2009). cultural studies provide evidence that gender inequality is the However, Doris Buss (2009) cautions against ceasing our primary predictor of gender violence, which clearly includes analysis of war rape at the point of genocidal or strategic rape. sexual violence by men against women. Thus, sexual violence By framing rape as a weapon that one side uses against another, is not hinged on biological drives but on social constructions of we enact a “rape script” that “naturalize[s]” sexual violence and gender and sexuality. In the context of war, sexual violence tends ignores rapes that contradict the rape script (Buss 2009:155). to be enacted by groups with multiple layers of personal and According to the record for the ICTR, genocidal rape is defined collective meaning (Seifert 1996). as a crime against a particular group: Tutsi women. It therefore The scope of war rape documented in Rwanda and the renders some of the sexual violence invisible; for example, the former Yugoslavia prompted scholarly and popular discourse to rape of Hutu women, Tutsi men and boys, and young Hutu boys frame war rape as strategic military policy. Rape as a weapon or who were punished for resisting acts of violence. Although these strategy of war represents an important paradigm shift that places rape dynamics did not occur along the same magnitude as did sexual violence at the center of scholarly discourse regarding the rapes of Tutsi women, it is troubling that the victims were war ethics and the perils faced by females in modern conflict. ignored by the ICTR (Buss 2009). Framing war rape as an instrumental act versus an essentialist or The concept of strategic or genocidal rape is an improvement incidental act is the gateway through which we can deconstruct on sociobiological theory, but it still misses the deeper truth the mechanisms which underlie its use (Buss 2009). that cultural norms about women’s bodies and women’s In 1975, Susan Brownmiller first drew attention to the sexuality underlie the use of rape as a viable or effective weapon. instrumental use of rape in her book Against Our Will: Men, Consistent with Mukamana and Brysiewicz (2008), it is the Women, and Rape. Brownmiller writes that “[m]an’s discovery “public ownership of women’s sexuality that makes it possible to that his genitalia could serve as a weapon to generate fear must translate an attack against one woman into an attack against an rank as one of the most important discoveries” (Buss 2009:148). entire community” (P.383). Brownmiller later qualified some of her controversial statements Macro-level social systems that subordinate women become
HOHONU Volume 8 2010 - 19 misogynistic when internalized and acted out with sexualized who claimed that a rape victim should have agreed to have sex brutality. Seifert (1996) emphasizes the hostility towards women with at least one or two of the soldiers who gang-raped her. In that becomes evident when the most vicious forms of war rape peace-time, rape is considered an aberration; in war, it is normal concentrate on the uniquely “feminine” parts of the body: (Baaz and Stern 2009). This war-normative view of rape is not women whose breasts are sliced off, stomachs slashed open, confined to the DRC; similar sentiments were reported by local and vaginas brutalized during or after the rape. The 200,000 villagers in the Côte d’Ivoire (Farr 2009). women and girls kidnapped by the Japanese armed forces for Evil rape is viewed as distinct from lust rape because, as sexual slavery during World War II were mutilated to prevent one soldier cogently reflects: “If it is only lust, then why do you pregnancy, thus making them constantly available, and were sometimes kill her?” (Baaz and Stern 2009:511). Evil rape is referred to as “war supplies” (Hynes 2004:438). born from anger that is then directed at the enemy population Parallel with this dynamic is the appropriation of women’s through its women, often committed in the fog of drugs and bodies as symbols for the larger tribal/ethnic/religious or political alcohol. But the soldiers’ themes of poverty, frustration, and collectivity (Buss 2009; Turshen 2000). Women’s bodies are sense of powerlessness that underlie evil rape are the same as targeted for sexual violence as combatants attempt to wreak those that underlie lust rape, even though they are interpreted havoc on the existing social fabric and inscribe a new social and differently by the soldiers interviewed. The explanations for both political ideology (Buss 2009; Henry 2006). A consistent theme types of rape are molded out of particular gendered discourses throughout is the abrogation of women’s full selfhood and the which combine unattainable ideals of masculinity, sexualized characterization of women as property – whether they “belong” femininities, failing socioeconomic institutions, and a corrupt to their husbands, fathers, communities, or the enemy (Turshen military, all within the context of a bloody and protracted civil 2000). war that has claimed 5.4 million lives (Baaz and Stern 2009). A recent and revealing study connected the extant economic The research conducted by Baaz and Stern (2009) is and political conditions with entrenched cultural norms and the extremely useful for highlighting how larger societal processes gendered strain produced by prolonged armed conflict. Maria often get obscured in the analysis. Meredith Turshen (2000) Baaz and Maria Stern (2009) analyze war rape and masculinity agrees that sexual violence has social, political, and economic through interviews with members of the Congolese state roots. In her assessment of war rape committed during the armed forces, one of the main perpetrators of rape in the fragile Ugandan civil war, Turshen (2000) points to the history of country’s long civil war. The soldiers identified two types of rape, colonial practices that engendered regional and ethnic rivalries. “lust rape” and “evil rape” (Baaz and Stern 2009:500,511). Hostilities are further complicated by present-day transnational Lust rape is associated with male sexual desire and viewed entities that mandate “structural adjustment” programs, divert by soldiers as more excusable than evil rapes. However, the money away from essential social programs, interfere in the interviews drew attention to a deeper motivation that is reflected political process, and sell weapons (Buss 2009; Farr 2009; by the soldiers’ feelings of failure to embody the prescribed Turshen 2000). The recent war in Uganda pits the Ugandan expectations of militarized masculinity. The idealized portrait government forces in alliance with the rebel Sudanese People’s of the masculine soldier combines sexual potency with the Liberation Army against the rebel Lord’s Resistance Army which provision of material wealth for the family. Women are expected is allied with the Sudanese government. Women are targeted as to provide sexual favors in return for material goods, meaning the wives and mothers of enemy soldiers, punished as gendered that their sexuality is defined in service of men, and for a vessels for factional reproduction. This twisted logic also provides price. In the context of a dysfunctional and corrupt military the indefensible justification behind appropriating women in institution, soldiers often go unpaid which leaves their families the sexual service of the enemy group. The commoditization of bereft of support and women with little obligation to satisfy their women is indicated in the following narrative from Uganda: husbands’ sexual desire. Hence, the ideal militarized masculinity In the dawn of peace, governments have to determine how is unattainable given the conditions in which the soldiers live to provide justice for past atrocities while ensuring that (Baaz and Stern 2009). the concept and practice of justice is enfolded into future Persistent poverty, “fueled by war and backed by patriarchal governance; what law professor Martha Minnow eloquently or racist rationalizations” breaks down social control mechanisms calls, “steering a path between too much memory and too that usually guard against massive sexual violence (Farr 2009:22). much forgetting” (Franke 2006:813). The importance Drawing upon beliefs that women ought to sexually fulfill men, of prosecuting rape as a war crime should not be rape serves to reinforce their masculinity as the sexually potent underestimated; but prosecution’s preventive strength is fighter. That women do not own their sexuality or control over limited (Hargreaves 2001). A feminist theory of war rape their bodies is exemplified in an account given by one soldier, emphasizes the structural arrangements that form the
20 - HOHONU Volume 8 2010 foundation for sexual violence and so reconstituting these arrangements assumes critical importance. Numerous authors agree that gender inequalities are a predictor of armed conflict (Caprioli 2000; Farr 2009; Melander 2005), which in turn, predicts sexual violence (Hynes 2004; Kimmel 2008). Mary Caprioli (2000) tests this hypothesis using the Militarized Interstate Dispute dataset, which maintains records of 2187 international disputes involving 159 states. Her study design calculates gender equality in terms of social equality (determined by fertility rates, which are closely linked with female social status), political equality (with respect to the percentage of women in parliament and the number of years since women were given the right to vote), and economic equality (indicated by the percentage of women in the labor force). The dependant variable, state militarism, was assessed using a hostility level that ranged from one (absence of state militarism) to five (outright war). Using sophisticated statistical analysis, Caprioli (2000) presented her findings in a digestible two-state comparison. Her findings are summarized in Table One. Although the results are premised on international disputes, they offer important guidance for mitigating both civil and cross- border disputes. The domestic inequalities that Caprioli (2000) cites are analogous to those that render women vulnerable to war rape in many conflict configurations. A comparable study conducted by Erik Melander (2005) focused on intrastate conflict and found similar results.
TABLE ONE: Impact of Gender Equity Variables on State Militarism
Two-State Comparison
Change in Independent Variables Effect on State Militarism Independent Variable Political Equality Years of Suffrage Double the number of years 4.94 times less likely to use violence
% Women in Parliament Five percent decrease 4.91 times more likely to use violence Social Equality Fertility Rate One third decrease 4.67 times less likely to use violence Economic Equality Percent Women in Labor Force Five percent increase 4.95 times less likely to use violence Source: Caprioli, Mary. 2000. “Gendered Conflict.” Journal of Peace Research 37:51-68. Understanding the constellation of factors that produce war rape is vital for the enactment of sound polices. The policy implications that follow from Caprioli’s study stress the need for stronger incentives to increase women’s political participation, especially in light of the fact that most states contain a disproportionately small number of women in politics. The Melander (2005) study also shows a connection between women’s political participation and gender equality. The connection did not appear to be predicated on a particular quota of female representation and was strengthened by the presence of institutional democracy (Melander 2005). In Uganda, women perform 80% of the agricultural labor but own as little as 7% of the land (Turshen 2000). Therefore, in certain regions programs that advance women’s property rights will help secure their economic independence (Jennings and Swiss 2001; Turshen 2000). Most importantly, improving females’ access to education increases their social status and economic independence (Melander 2005). Implementing structural reforms may not prevent every instance of war or war rape, but it will undoubtedly help to repair the broken and failed systems that provide the fertile soil for misogynistic sexual violence to occur on a massive scale. At their core, egalitarian societies are modeled on norms of respect and reject the hierarchical structures that privilege or subordinate certain groups. In large part, this is why heightened gender equality is a predictor of internal and international peace, because it typically functions alongside general social equalities. This suggests that a grass roots approach to challenging gender inequalities must work alongside policy enactment. Policy mandates will only be successful when they are accompanied by efforts to change popular cultural norms and customs (Melander 2005). Sally Engle Merry (2006) reminds us that privileged groups will resist the major social adjustments necessary to prevent gender and sexual violence. To that end, and in line with Melander (2005), local non-governmental organizations are essential to the task of using of using local language to challenge local customs. To advance, human rights language concerning the rights and protection of women must be encased “within local contexts of power and meaning” (Merry 2006:1). The Truth and Reconciliation Commission for Sierra Leone (TRC) constituted in 2002 is one example of how local activists can
HOHONU Volume 8 2010 - 21 challenge the deep-seated gender inequalities that contribute to References rampant and violent war rape. The final report produced by the Baaz, Maria Eriksson and Maria Stern. 2009. “Why do Soldiers TRC embodied the feminist perspective and found that sexual Rape? Masculinity, Violence, and Sexuality in the Armed violence was predicated on women’s traditionally low social status Forces in the Congo (DRC). International Studies Quarterly combined with men’s perception of women as property and 53:495-518. symbols of collective honor. In response, the TRC mandated Buss, Doris E. 2009. “Rethinking ‘Rape as a Weapon of War’.” that women occupy 30% of parliamentary seats and struck down Feminist Legal Studies 17:145-163. a variety of gender discriminatory laws concerning the right of Caprioli, Mary. 2000. “Gendered Conflict.” Journal of Peace women to inherit property (Franke 2006). Hopefully, this effort Research 37:51-68. by the TRC to spearhead important change will be backed up Farr, Kathryn. 2009. “Extreme War Rape in Today’s Civil-War- on the local level, in particular, to promote education for women Torn States: A Contextual and Comparative Analysis.” and girls. Gender Issues 26:1-41. War rape is an act of unspeakable violence but it is an Franke, Katherine M. 2006. “Gendered Subjects of Transitional act that draws its power from the social, cultural, political, Justice.” Columbia Journal of Gender and Law 15:813-828. and economic structures that frame our existence as gendered Gottschall, Jonathan. 2004. “Explaining Wartime Rape.” Journal creatures. The sociobiological perspective peers through a very of Sex Research 41:129-136. narrow lens at but one element of the individual and offers no Gunhammar, Jessica. 2005. “Rape as Torture?.” Index on evidence to explain why that individual crosses the line from Censorship 34:37-38. consensual intercourse to rape. Strategic rape theory offers Hargreaves, Sally. 2001. “Rape as a war crime: putting policy into greater, yet not full, explanatory power; but as a stand-alone practice.” Lancet 357:737. theory it offers little in the way of prevention. Henry, Doug. 2006. “Violence and the Body: Somatic Feminist theory attempts to defuse war rape at its source Expressions of Trauma and Vulnerability during War.” and tells us how. The analysis shows that gender inequalities Medical Anthropology Quarterly 20:379-398. increase the likelihood of armed conflict and that armed conflict Hoglund, Anna T. 2003. “Justice for Women in War? Feminist frequently results in sexual violence against women. It enlarges Ethics and Human Rights for Women.” Feminist Teology: our sphere of understanding concerning the relationship between Te Journal of the Britain & Ireland School of Feminist society, war, and gender violence. Mitigating gender inequalities Teology 11:346-361. not only reduces the potential for armed conflict, but also reduces Hynes, Patricia H. 2004. “On the Battlefield of Women’s Bodies: the likelihood that when conflict occurs it will result in sexual An Overview of the Harm of War to Women. Women’s violence. It is not a linear, but a multi-faceted relationship. Studies International Forum 27:431-445. Importantly, the application of a feminist analysis of war rape Hynes, Michelle and Barbara Lopes Cardozo. 2000. extends beyond sexual violence in highly patriarchal societies and “Observations from the CDC: Sexual Violence against can be utilized to examine more nuanced gender inequalities. Refugee Women.” Journal of Women’s Health and Gender- Making needed changes will not be easy; they will be resisted. Based Medicine 9:819-823. But resistance is perhaps a sign that we are on the right track. Jennings, Peggy J. and Shana Swiss. 2001. “Supporting Local Efforts to Document Human-Rights Violations in Armed Conflict.” Lancet 357:302-303. Kimmel, Michael. 2008. “The Gender of Violence.” Pp 314-337 in Te Gendered Society. New York: Oxford. Melander, Erik. 2009. “Gender Equality and Intrastate Armed Conflict.” International Studies Quarterly 49:695-714. Merry, Sally Engle. 2006. Human Rights and Gender Violence: Translating International Law into Local Justice. Chicago: The University of Chicago Press. Mukamana, Donatilla, and Petra Brysiewicz. 2008. “The Lived Experience of Genocide Rape Survivors in Rwanda.” Journal of Nursing Scholarship 40:379-384. Pistono, Stephen P. 1988. “Susan Brownmiller and the History of Rape.” Women’s Studies 14:265-276. Quist-Arcton, Ofeiba. 2009. “Guinea Shaken by Wave of Rapes 22 - HOHONU Volume 8 2010 during Crackdown.” National Public Radio. Retrieved October 31, 2009 (http://www.npr.org/templates/story/ story.php?stodyId=113966999). Seifert, Ruth. 1996. “The Second Front.” Women’s Studies International Forum 19:35-43. Shanks, Leslie, and Michael J. Schull. 2000. “Rape in War: The Humanitarian Response.” CMAJ: Canadian Medical Association Journal 163:1152-1156. Turpin, Jennifer. 2003. “Barbie in the War Zone.” Social Alternatives 22:5-7. Turshen, Meredeth. 2000. “The Political Economy of Violence against Women during Armed Conflict in Uganda.” Social Research 67:803-824.
HOHONU Volume 8 2010 - 23 24 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
which society has derived the basis of its agriculture and Anthropogenic medicine (Myers, 1979). The first reason highlights the cultural importance Causation and of nature. The existence of organisms are an integral part of human cultures; many flora and fauna are essential to Prevention Relating to human livelihoods, traditions, art, and aesthetically pleasing natural environments. The idea that the “observation and the Holocene Extinction contemplation” of the natural world has essentially shaped many aspects of human civilization implies that loss of nature Jesse S. Browning will in turn have a detrimental impact on Humanity (Jepson English 225 and Canney, 2001). This establishes one reason why humans value conservation of nature. Introduction Second, it is unethical for human beings to drive other The tumultuous state of the biosphere is largely attributable species to extinction. This belief implies that the human to anthropogenic input and several aspects of this complex capacity for compassion, and the propensity for people to be situation are worthy of consideration. The aim of this paper is compassionate towards other organisms, is one of the “tools” to further understand the loss of biodiversity that is currently that conservationists often use in the name of conservation. taking place. Opinions tend to differ regarding the relative Conservationists focus efforts on what are considered importance of issues of such magnitude. The current loss “charismatic” creatures. Charismatic creatures are those species of biodiversity is evolutionarily important as it is currently considered by many to be cute, cuddly, or beautiful animals impacting the trend of life on Earth. such as Pandas, Tigers, and Polar Bears, etc. In order to achieve a better understanding of said issue it Third, is the importance of socioeconomic matters as is useful to examine the estimates regarding both current, and they relate to the natural world. The elationshipr between background, rates of extinction—as well as how Homo sapiens the health and function of the natural world, ecosystems, factor into the equation. First, we must account for the idea and the health and function of societies and their economies that human values shape our goals in regards to maintaining is inextricable, and often overlooked. In order to continue biodiversity. Then, explore how anthropogenic factors may to enjoy the benefits of functional societies and economies, be directly influencing this phenomenon by surveying some humans must devote more energy towards maintaining human causes of biodiversity loss. Subsequently, it is possible healthful ecosystems. Biotic and abiotic natural resources are to look at courses of action that will uphold human values an integral part of human activities, and as these resources regarding our relationships with other organisms and natural diminish, so will the condition of society. Some maintenance processes. of the natural world that sustains humanity is unavoidable. Importance of Biodiversity Lastly, agriculture and medicine are both highly derived Preservation of biodiversity is essentially the preservation of from organisms, especially flora. As we decrease the numbers of nature and is considered important based primarily on human plants and animals, we also decrease the possibilities of finding values. Jepson and Canney (225-226) present a well-compiled new ways in which these organisms can benefit humanity. list of the preeminent reasons for maintaining biodiversity, or Extinction Rate Estimates “nature,” they state: Presented extinction rates often compare current and (1) aesthetic and intellectual contemplation of nature is background estimates. Extrapolations from available data integral to the biological and cultural inheritance of many tend to yield variable results due to limitations inherent to peoples (Wilson, 1984); establishing both current and background rates of extinction. (2) humans lack the right to cause knowingly the extinctions It is suggested that we may currently be experiencing a mass of another life form (Leopold, 1949); extinction, which is defined as a loss in greater than 60% of (3) species are critical components of the healthy ecosystems species within one million years. The definition itself is difficult necessary to support economic and social development to apply due to the large temporal scale and reliance on an (Ehrlich & Ehrlich, 1992); and estimated total number of species. (4) it is prudent to maintain the Earth’s genetic library from
HOHONU Volume 8 2010 - 25 There is much uncertainty in establishing extinction rates this invasive species correlates to a dramatic decline in both because historical extinction rate estimates are dependent appreciable habitat reduction and extinction among native on the fossil record, and therefore subject to biases and gaps bird species on the island of Guam (Savidge 1987). Habitat found within the fossil record. The current rate estimates destruction, more specifically habitat fragmentation has had also have limitations, mainly that we really do not know how a similarly negative impact on numerous species. Habitat many species existed. Estimates for currently extant species fragmentation increases extinction thresholds of selected species, range widely “between 3 million and 30 million” (May 1990; and in the wake of habitat fragmentation, species subsequently Erwin 1991; Gaston 1991 [Regan 2001]). This illustrates require greater habitat areas to remain viable (Fahrig 2002). the great amount of uncertainty in such estimates. Similarly, Anthropogenic Prevention the fossil record offers little insight into numbers of species that were present since life began on Earth—extinction rate There are numerous ways to approach the problem of estimates should therefore be considered critically. Extinction conserving biodiversity. One of the more prominent global rate estimates which are often presented have the ability to approaches is that of hotspot identification. Hotspots are areas grab the attention of people and raise concern over the state of that exhibit high levels of endemism, species richness and suffer biota. Critical observers should realize that such estimates are from habitat degradation (Reid 1998). Twenty-five of these potentially inaccurate. regions have been identified worldwide. The authors of the article “The Currency and Tempo of The general aim of the hotspot approach is to maintain Extinction,” feel confident enough in their interpretation of the greatest number of species for the least cost. This objective available data to conclude: “There is little doubt that species is fine for a private organization such as Conservation are going extinct extremely rapidly and that we are in the International; governments and other agencies that implement midst of a major extinction interval” (Regan 8). Such a conservation efforts, however, must consider the values of statement is supported by data suggesting “that there have been the people they represent. A narrow objective such as that of approximately 490 animal extinctions and 580 plant extinctions the hotspot approach might fail to account for many of these recorded globally since 1600” (May et al. 1995). The available human values (Jepson 2001). Humans tend to place different data also suggest that the frequency of these extinctions has values on different species due to biases based on cultural increased dramatically in the past 100 yrs (Regan 1). There is a importance. The hotspot approach fails to differentiate between consensus that we are in a period of rapid extinction, and that the relative values of individual species. humans are partly responsible. Another program aimed at maintaining biological diversity is the GAP analysis program. This program is not Anthropogenic Causation yet global, instead it functions primarily in the United States. Human activities have greatly impacted many of the Considerable headway has been made in mapping the biological other organisms on earth. Such processes include pollution, resources of the country on a state-by-state basis (Jennings overexploitation, introduction of invasive species, habitat 1995). This proactive approach compiles data concerning destruction, and disease. Introduced non-native, or “invasive” extant species and their current levels of protection. species have had a tremendous impact on native species that did From this data, it is evident where the ‘gaps’ in not co-evolve with such competitors or predators—resulting conservation are. In an effort to achieve representativeness in the introduction invasive species and habitat fragmentation. in conservation, underrepresented species and habitat types As a result, the native species exhibit naiveté and rarely out can thus be given additional attention. Through a better compete the recently introduced species. One profound understanding of the biological inventory in the country, the example of this is birds on islands where predators were GAP program is then able to influence land management previously absent (Blackburn 2005). practices. An interesting element of this proactive approach is European arrival on oceanic islands has resulted in the that it attempts to maintain viability of populations before they introduction of mammalian predators. There is a positive are reduced to the point of becoming endangered or federally correlation between this phenomenon and bird species decline listed. This approach is important, especially since many (Blackburn 2005). Introduced cat and rat species top the conservation efforts are reactive (trying to bring species back list of detrimental introduced predators, and these predator from the brink of extinction or merely working to slow down populations increase the extent of species decline. Non- habitat loss). mammalian predators have had a destructive effect on animal Rewilding is another proactive conservation idea. It has populations as well. The introduction of the brown tree snake been hypothesized and argued at length whether or not humans (Boiga irregularis) is a striking example of this. The arrival of were responsible for the extinction of megafauna in Europe,
26 - HOHONU Volume 8 2010 Australia, the Americas, and on continental islands. In this as well as adaptive variation are important to maintenance of ongoing debate, there appears to be a correlation between the populations therefore it is necessary to understand both. arrival of humans and the disappearance of large animals as Neutral loci or genes are those that do not affect an humans dispersed throughout the Americas approximately organism’s level of fitness, or ability to adapt to it’s changing 10,000-12,000 years ago (Vernon 1975). environment. These neutral genotypes are not expressed as These large carnivores and herbivores played important phenotypes that are subject selective pressures, therefore these roles in the pristine ecosystems were once present in characters are considered selectively neutral. Neutral genetic North America and beyond. In addition to being reactive, markers do not offer insight into the “adaptive or evolutionary conservation efforts are often limited by a small temporal potential of populations or species.” (Holderegger, Kamm, scale. They typically aim to restore ecosystem processes to the and Gugerli 798). They do however provide information way they were no more than several hundred years ago. This about other aspects of population dynamics such as gene flow disparity in temporal scale poses a problem; if ecosystems in that should not be discounted while considering the adaptive North America have been degraded for more than 10,000 years, potential of populations. and we aim to restore them to a state similar to that before Adaptive genetic variation is very important to maintaining the arrival of Columbus (~500 yrs ago), healthy ecosystem viable populations in that it does have a direct impact on fitness. function is not likely to be achieved. The article, “Pleistocene When environmental factors change, a greater range of genes Rewilding: An Optimistic Agenda for Twenty-First Century provides for a greater possibility that organisms will be present Conservation,” addresses this issue among others, arguing for that are fit for the newly emergent environment. When the ecosystem restorations including the extinct megafauna, via population is small and genetic diversity is low, environmental taxon substitutions that once were important parts of landscape change is more likely to have drastic consequences. Thus regimes. conservation efforts should strive to maintain maximum levels Interestingly, two conservation efforts have already been of genetic variation within species. implemented that may set a precedent for such a seemingly Conclusion radical effort. First, the Giant Vulture or California Condor (Gymnogyps californianus) is a species has not only benefited Though it is difficult to ascertain accurate background greatly, and perhaps even been saved from extinction by or present rates of extinction, it is widely accepted that we conservation efforts, but has been re-introduced to parts of are experiencing a high extinction rate resulting in loss of the historical range that it has not enjoyed due to human biodiversity. It is also accepted that this alarming progression disturbance since megafaunal extinction. Second, the North is due in part to human activity. This concept may be thrown
American Peregrine Falcon (Falco peregrinus) was also brought around too liberally but must not be ignored (Jepson 2001). back from the verge of extinction through conservation efforts. As humans we have the ability to drive species extinct, This time however the “species,” or perhaps more importantly, and have been doing so for quite some time. Conversely, we the ecological role that the species once filled, was maintained have the ability to slow down, stop, or possibly even reverse by the introduction of genetically similar sub-species whose this disturbing trend. And if we decide this is what we value, origins spanned four continents. This success story shows that we should utilize available knowledge and resources in order inter-continental taxon substitutions can be an effective means to maximize conservations efforts—through hotspot approach, of conservation (Donlan et al. 2006). GAP Analysis, and others, species can possibly be saved (Mech
Genetic diversity is defined as “any measure of the genetic 1996; Doerner et al. 2005). It is important to diversify our efforts and refrain from variation at neutral or adaptive loci of a population or a species; r in other words, how diverse are the populations” (Holderegger, elying too heavily on one approach and conservationists should Kamm, and Gugerli 799). Genetic diversity is an important broaden their efforts tremendously. It is prudent to examine consideration in conservation of biodiversity. Populations and how well such efforts support the values of people that are landscapes are dynamic in order for organisms to effectively affected by their implementation, because once decisions are adapt or change to match its changing environment: a certain made, there may be no recourse (Kati et al. 2004). level of genetic diversity must be maintained. Greater genetic When considering conservation methods, maximum diversity within a population results in greater ability to adapt effectiveness must be strived for as outlined by Kati et al. There to changes in the organisms environment. This definition are different approaches to conservation: the most effective introduces the neutral and adaptive nature of genetic diversity, means of achieving the desired outcome should be explored to and alludes to the idea that we are concerned with varying, the greatest extent that is feasible based on availability of time especially decreased, levels of diversity within species. Neutral and resources. In many cases, time is the primary variable when
HOHONU Volume 8 2010 - 27 establishing reserves or taking similar measures to maintain Fox, Gordon A. “Extinction Risk of Heterogeneous biodiversity. Populations” Ecology 86 (2005): 1191-1198 The current methods employed in maintaining, preserving Holderegger, Rolf, Urs Kamm, and Felix Gugerli. “Adaptive and restoring ecosystems fall short in many ways. They are vs. neutral genetic diversity: implications for landscape often limited both spatially and temporally. While economic genetics.” Landscape Ecology 21(2006): 797-807. and political factors often limit spatial scale, bigger (yet Jennings, Michael D. “Gap Analysis Today: A Confluence of well planned and managed) reserves are potentially more Biology, Ecology, and Geography for Management of beneficial—this idea carries over into the temporal realm. Biological Resources” Wildlife Society Bulletin 23, (1995): While conservation efforts often aim to restore ecosystems 658-662 to the state they enjoyed 50-100 years ago (or more ambitiously, Jepson, Paul.; Canney, Susan. “Biodiversity Hotspots: hot for to the way they were when Columbus discovered the Americas), what?” Global Ecology & Biogeography 10 (2001): 225-227. this is often inadequate. Conservationists should strive to Kati, Vassiliki; Devillers, Pierre; Dufrene, Marc; Legakis, expand the geographic boundaries of conservation efforts, Anastasios; Vokou, Despina; Lebrunf, Philippe. “Hotspots, and temporal boundaries as well, if we wish to appreciate the complementarity or representativeness? Designing optimal benefits that healthy functioning ecosystems have to offer all small-scale reserves for biodiversity conservation.” Biological species, including our own. Fortunately, precedents have been Conservation 120 (2004): 471–480. set that lead the way for recognition of much larger temporal Mech, David L. “A New Era for Carnivore Conservation.” and spatial scales that span epochs and continents respectively. Wildlife Society Bulletin 24 (1996): 397-401 This is no easy task, and will require outreach and education in Pearman, P.B. “ Conservation value of independently evolving order to appeal to the masses. units: sacred cow or testable hypothesis?” Conservation Through examination, humans may arrive at the Biology 15: 780–783 conclusion that maintaining biodiversity does not fit into our Regan, Helen M.; Lupia, Richard; Drinnan, Andrew N.; values. All of the species that we now value, and exploit, are the Burgman, Mark A. “The Currency and Tempo of result of evolutionary processes since the last great extinction. Extinction.” Te American Naturalist 157 (2001): 1-10. Perhaps we should cast aside this idea of slowing, preventing, or Reid, Walter V. “Biodiversity hotspots.” Trends in Ecology & reversing a mass extinction and simply let nature run its course. Evolution 13 (1998):275-280 Savidge, Julie A. “Extinction of an Island Forest Avifauna by an Introduced Snake” Ecology 68 (1987): 660-668 Works Cited Smith, Vernon L. “The Primitive Hunter Culture, Pleistocene Extinction, and the Rise of Agriculture” Te Journal of Blackburn, Tim M.; Petchey, Owen L.; Cassey, Phillip; Gaston, Political Economy, 83 (1975): 727-756 Kevin J. “Functional Diversity of Mammalian Predators Turner, Monica G. “Landscape Ecology in North America: and Extinction in Island Birds.” Ecology 86 (2005): 2916- past, present, and future.” Ecology 86 (2005): 1967-1974. 2923. Doerner, Kinchel C.; Braden, Wes; Cork, Jennifer; Cunningham, Tom; Rice, Amanda; Furman, Bonnie J.; McElroy, Doug. “Population Genetics of Resurgence: White-Tailed Deer In Kentucky” Journal of Wildlife Management 69 (2005): 345-355. Donlan, Josh C.; Berger, Joel; Bock, Carl E.; Bock, Jane H.; Burney, David A.; Estes, James A.; Foreman, Dave; Martin, Paul S.; Roemer, Gary W.; Smith, Felisa A.; Soule, Michael E.; Greene, Harry W. “Pleistocene Rewilding: An Optimistic Agenda for Twenty-First Century Conservation.” Te American Naturalist 168 (2006): 660- 681. Fahrig, Lenore. “Effect of Habitat Fragmentation on the Extinction Threshold: A Synthesis” Ecological Applications 12 (2002): 346-353
28 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
modern countries” such as the United States and Germany.2 “Tey’re OK if Tey’re Barrios hoped that an influx of Protestant missionaries would bring the values and appetites of their capitalist societies Our S.O.B’s” with them to Guatemala and act as a subtle influence on the United States involvement in the Guatemalan people. Pro-western reforms by the “liberals” had the effect of 1954 Guatemalan Coup d’état changing land ownership, but not in a way that benefited the Robert Franklin majority of the population3. The system of unequal distribution History 383 of land was a major cause of the 1944 revolution and the issue of land reform is crucial to understanding the events leading up The United States Cold War history is shrouded in to the 1954 Coup. In the late nineteenth and early twentieth secrecy, and when revealed, it is approached with feelings of centuries, Caudillos (elite landowners) and the government shame, anger, and frustration at events perpetuated by the U.S. increasingly sold land to foreign business interests in the banana government and foreign interests. Peering into recently opened and coffee export markets. These companies offered low wages Central Intelligence Agency documents and the memoirs of and relied on a system of forced labor to staff the ever-growing those prominent individuals in the Truman and Eisenhower Latifundias, or large scale export farms4. The power of export Administrations, casts new light on the U. S. role in shaping agriculture in Guatemala cannot be overstated—at the time of the emerging governments of underdeveloped nations in Latin the 1944 revolution bananas and coffee grown for export made America. Of these, the 1954 Guatemalan Coup d’état bears up 90% of agricultural production.5 Bananas were the majority an obvious U. S. signature, both in the particular form of the of crops grown on these Latifundias, and require periodic coup (similar tactics were used in Iran in 1953) and the colossal rotation on different plots of land to fallow, making large misunderstandings in which the Coup succeeded. The U. S. scale ownership of prime agricultural land necessary by export misjudged the socialist reforms and communist presence in companies. Ethnic Mayan Indians often owned very small Guatemala’s new revolutionary government as the work of plots of agriculturally poor land, or Minifundias.6 Due to the international communism looking to establish a Latin American shortage of land available for personal cultivation, Minifundias Kremlin that would destabilize the United States economic and were heavily planted on with no room to fallow, creating poor political interests in Latin America. The U.S. felt this view gave soil conditions and an ever increasing reliance on the poor them the justification to instigate the 1954 Coup d’état that, wages provided from agricultural labor. due to a crucial lack of military support for the revolutionary The United Fruit Company, or UFCO, was the main government, replaced the Jacobo Arbenz administration with exporter of bananas in Guatemala, and the source of serious the U.S. supported Castillo Armas. This intervention by the resentment from the population and later Arevalo and Arbenz U. S. in overthrowing a democratically elected government ran governments. From its formation in 1899, UFCO, known counter to its pro-democracy rhetoric, but fit perfectly in the in Guatemala as el pulpo (the octopus), worked to secure a line of Cold War foreign policy that sought to protect, at any very profitable and monopolistic business environment in cost, U.S. hegemony in the Western hemisphere. Guatemala. UFCO was the largest private landowner in From independence to the establishment of a Guatemala with just over three million acres, bringing its democratically elected government in 1944, Guatemala total property to more than the combined holdings of half of progressed through a series of dictators. In 1872, a liberal Guatemala’s landowning population.7 UFCO garnered an government under President Justo Rufino Barrios took power, exclusive contract to transport the country’s mail to the United marking a transition from a largely internal and atrophied States, owned 690 out of 719 miles of railroad track and the economy to nascent industrialization and foreign investment.1 shipping company (the International Railways of Central
Barrios established freedom of religion on March 15, 1873, in 2 Burnett, “Protestantism In Rural Guatemala,” 128. an attempt to weaken the control of the Catholic Church, while 3 Ibid, 127. 4 José M. Aybar de Soto, Dependency and Intervention: Te Case of simultaneously encouraging immigration from “protestant and Guatemala in 1954, (Boulder: Westview Press, Inc., 1978), 160 5 Richard H. Immerman, Te CIA in Guatemala: Te Foreign Policy of 1 Virginia Garrard Burnett, “Protestantism In Rural Guatemala, 1872- Intervention, (Austin: University of Texas Press, 1982), 30. 1954,” Latin American Research Review 24, no. 2 (1989): 127. 6 Aybar de Soto, Dependency and Intervention, 160. 7 Immerman, Te CIA In Guatemala, 71. HOHONU Volume 8 2010 - 29 America or IRCA), built and maintained the telegraph system Arevalo Bermej, an intellectual who had no ties to previous and owned the wharves at both of Guatemala’s ports in the administrations.13 Arevalo was a contradictory person to the Pacific and Caribbean.8 Control of the railroad company Truman administration; a staunch democrat and defender of meant that UFCO “arbitrarily increase[d] the costs of all its capitalism, he nevertheless believed in “Spiritual Socialism” competitors by raising transportation rates,” while keeping their or the idea that a “’harmonious society’ could be achieved own rates low9. In one of the largest abuses of its influence on through psychological liberation rather than a redistribution Guatemalan politics, UFCO, in 1936, extracted from President of wealth.”14 15 Arevalos path to modernization and equality Jorge Ubico a contract that stipulated a ninety-nine year lease was through education and labor reform for the Mayan on its land holdings, freedom from almost all taxes, import majority, thereby hoping to draw this group into government duties, regulation, and the ability to severely undervalue its participation, and strengthening and widening the support of property tax holdings (an issue that would cause problems the revolutionary coalition while sapping influence from the during the Arbenz administration). The tentacles of el pulpo Caudillos. reached deep into the fabric of Guatemala; the monopolistic The new Guatemalan Constitution very much resembled control of the economy combined with their heavy political that of the United States, but to encourage more variety in influence bred an anti-Ubico and anti-foreign investment elections it banned foreign or international political parties sentiment that culminated in the Revolution of 1944. such as Soviet Communism.16 Arevalo included Guatemalan The Revolution of 1944 ended a period of Guatemalan communists in his government begrudgingly; the organizational history filled with a succession of dictators and strongmen. The and political experience was something the new government last of these, Jorge Ubico (president from 1931-1944), started needed.17 Arevalo feared too much communist control in his reign with the support of the Caudillos and the military, his government as it could be linked to the Soviet Union but thirteen years of massive concessions to foreign companies and used against him by his enemies. But correcting years of (mainly UFCO), imprisonment of political opponents, and a underdevelopment and economic exploitation brought on by general neglect of social inequality combined in a groundswell United States business interests forced him to use the people at of opposition. Resentment was most profound in the emerging his disposal, realizing the U.S. as a direct threat more pressing middle class of Guatemalan society, located primarily in urban than communism.18 Supportive at first, the United States soon areas like Guatemala City. These blue and white-collar workers became critical of the Arevalo administration. The existence became politically radicalized during the Great Depression of communists along with legislation to protect agricultural and were influenced by World War II rhetoric like that in the workers on Latifundias (which hurt UFCO interests), and Atlantic Charter, with its call for freedom, advancement of Arevalos entrance into the anti-U.S. Caribbean Legion drew social welfare, and self-determination.10 On October 19, 1944 harsh criticism and ire from the Truman administration19. a collation of students, intellectuals and young officers, led by Arevalo was not popular with the Caudillos, many of Major Francisco Arana, Jorge Toriello, and Captain Jacobo whom wanted to oust him from power, often accusing him of Arbenz attacked the National Palace and forced the Ubico fermenting class warfare. Twenty-five coups were attempted government to step down. during his six years in power—none were successful and in The United States initial reaction to the October November of 1950, Jacobo Arbenz was elected president20. Revolution was initially one of support, Sectary of State Arbenz faced stiff competition in the election from his partner Cordell Hull stated in 1944 that “the United States has no in the revolutionary coup, Major Francisco Arana, until he intention of interfering in Guatemalan internal affairs.”11 was conveniently eliminated in July 18, 1949.21 Arbenz soon The revolutionary government went on to hold “the first 13 Ibid, 45. free election in Guatemala’s history” on December 19, 14 Stephen M. Streeter, Managing Te Counterrevolution: Te United States and Guatemala, 1954-1961, (Athens: Ohio University Center for 194412. That the revolutionary administration held elections International Studies, 2000), 14. was promising (previous administrations had often reneged 15 Psychological liberation entailed that “each citizen has a responsibility to Guatemala and that the government had a responsibility to each citizen.” on such promises) and even more open was the fact that From: Streeter, Managing Te Counterrevolution, 14. none of the revolutionary leaders sought office the first 16 Immerman, CIA in Guatemala, 49. 17 Ronald M. Schneider, Communism In Guatemala, 1944-1954 (New York: term. Guatemalans overwhelmingly elected Juan Jose Frederick A. Praeger, Inc., 1958), 23. 18 Ibid, 23. 8 Paul J. Dosal, Doing Business With Te Dictators: A Political History 19 The Caribbean Legion was an organization comprised of radical of United Fruit in Guatemala, 1899-1944, (Wilimington: Scholarly democrats looking to oust dictators (often U.S. supported) from Latin Resources Inc., 1993), 2. American governments in hopes of creating a united Latin America to 9 Immerman, The CIA In Guatemala, 70. rival U.S. influence in the hemisphere. 10 Immerman, Te CIA in Guatemala, 37. 20 Immerman, CIA in Guatemala, 57. 11 Ibid, 42. 21 The revolutionary government has been linked to Arana’s assassination, 12 Ibid, 44. but its role is suspect. Arana was reportedly on his way to uncover a stash 30 - HOHONU Volume 8 2010 faced even bigger threats to his government as he tried to steer communists were running the Arbenz government. Guatemalan policy to one of self-sufficiency and freedom of The United Fruit Company was the very symbol foreign intervention, unfavorable to both foreign businesses and of “Yankee imperialism,” a combination of bribery and United States control in Guatemala. intimidation used to gain government concessions and Hoping to end the “development of underdevelopment” racist, exploitative treatment of the native population that that resulted from Guatemala’s primary focus on export the revolutionary government was trying to excise from agriculture due to the stranglehold of foreign business interests, Guatemala.27 Because of UFCO’s association with the Ubico Arbenz set about attempting to modernize Guatemala and take regime, it was the major target of Decree 900. The bill provided the revolution farther than Arevalo22. In his inaugural address compensation for land seized by the government according he expressed his desire to “convert Guatemala from a country to the property tax value paid. The Arbenz government bound by a predominantly feudal economy into a modern, appropriated more than 500,000 acres of UFCO land, and capitalist one.”23 To do this, Arbenz wanted to increase the role when the government offered $1.85 million (the amount on of government in the lives of citizens—funding educational, the last tax return) UFCO insisted the land was worth $19.35 health, and social programs, while ensuring a smooth transition million.28 The Guatemalan government refused to pay and that would keep the masses behind his administration. UFCO took its claim to the United States government in 1953. The greatest of all these programs, and the fulfillment of his Economic and political connections between UFCO campaign promise, was Decree 900 in 1952. Decree 900, and the United States government in the beginning of the which one U.S. scholar has compared to the Homestead Act, cold war are the subject of much axe grinding by scholars; was influenced by the United Nations General Assembly however, it was an uneven relationship in favor of the United Resolution 401, which “sanctioned the use of agrarian reforms States government.29 Despite deep personal connections and as an appropriate method for underdeveloped countries to shared ideological affinities, U.S. government officials realized restructure the agricultural sector of the economy.”24 25 Decree that UFCO’s corrupt relationships with Latin American 900 had two goals: (1) to destroy the latifundo-minifundio dictators and contribution to the underdevelopment in the system; confiscating unused export agricultural lands and region were directly associated with the U.S. government and redistributing it to farmers who could grow staple foods— “Yankee imperialism.”30 31 The Justice Department during decreasing Guatemalan reliance on imports, and (2) refocusing the Eisenhower Administration was pursuing an anti-trust the newly unfettered export agriculture workers into an suit against UFCO, which was suspended in 1954 during the industrial labor workforce.26 The promise of land reached Coup d’état but later that year resulted in a conviction against across class and ethnic lines to draw support from the Maya, UFCO. From the end of the 1940s through the early 1950s, while further alienating the Caudillos, who claimed that UFCO engaged in a vigorous press campaign against the Arbenz government in an attempt to win support for timely of weapons hidden by the Caribbean legion for use by Arbenz to arm his supporters. His limousine was stopped and “some 20 men jumped U.S. intervention in the wake of land appropriations under out from under a bridge, riddling the limousine with submachine gun Degree 900.32 The campaign originally focused on the damage fire. Arana died instantly.” (Immerman, Te CIA in Guatemala, 59). The driver of the limousine, Lieutenant Chico Palacios, survived and 27 Immerman, Te CIA in Guatemala, 74. claims to have seen Arbenz’s personal chauffeur and Lieutenant Alfonso 28 UFCO had delebreatly undervalued the property tax value of the land Martinez Estevez (who later occupied several influential positions in under the agreement reached with Jorge Ubico in 1936. See pg. 4. the Arbenz administration) among the men, linking the assassination 29 See Immerman, Te CIA in Guatemala pg. 124 and Schneider, to Arbenz. Palacios’s survival to give these firsthand accounts, however, Communism in Guatemala pg. 48. The connections between the United draws suspicion and questioning of the assassination as the work of States and UFCO reach past coincidence and these links could be used to counterrevolutionaries looking to incite anti-Arbenz sentiment. The explain the acceptance of UFCO control of Guatemala and the delay in Arbenz government did not investigate the killing and several days later which UFCO was prosecuted for its anti-trust suit in 1954. fighting broke out between Arana supports and the government. The 30 Eisenhower Secretary of State John Foster Dulles previously worked Arbenz government won thanks to a raised militia made up of workers for Sullivan and Cromwell, a legal firm that represented UFCO in and students. The CIA took this opportunity during the fighting to negotiations with Ubico in 1936. Allen Dulles, Director of the CIA attempt a coup; two U.S. pilots were arrested along with the coup leader, during the Coup, was also a partner in Sullivan and Cromwell and owned Carlos Castillo Armas. Armas was subsequently exiled from Guatemala a “strong interest” in IRCA. John Cabot, assistant secretary of state for and would not return until 1954 as the leader of that successful coup. inter-American affairs in 1953 and former ambassador to Guatemala From: Immerman, Te CIA in Guatemala, 60. held a large amount of stock in UFCO. Ann Whitman, the president’s 22 Aybar de Soto, Dependency and Intervention: Te Case of Guatemala in personal secretary, was the ex-wife of a UFCO director who was then vice- 1954, 6. president for public relations. General Robert Cutler, first special assistant 23 Immerman, Te CIA in Guatemala, 63. to the president for national security affairs and head of the PBSUCCESS 24 Streeter, Managing the Counterrevolution: Te United States and planning board, had been board chairman of UFCO and its transfer Guatemala, 1954-1961, 19. bank, Old Colony Trust. Numerous other officials in the Truman and 25 Aybar de Soto, Dependency and Intervention: Te Case of Guatemala in Eisenhower administrations had connections to UFCO, ICRA, Old 1954, 170. Colony Trust, and Sullivan and Cromwell. From Te CIA in Guatemala, 26 Decree 900 only targeted latifundios of over 233 acres; this was meant to 124-125. single out foreign export agriculture companies such as UFCO. From: 31 Te CIA in Guatemala, 74. Immerman, Te CIA in Guatemala, 64. 32 Ibid, 111. HOHONU Volume 8 2010 - 31 to the company, but finding little sympathy from the Truman Guatemala was “dominated by Communists.”38 39 This broad administration the company decided to link the damage it generalization of communism created categories like that sustained to its Guatemalan operations by the Arevalo and of “crypto-Communism,” or those who did not identify as Arbenz administrations to the growing U.S. anti-communist communists but allied or sympathized with the communist cold war ethos. This was so successful that by 1953 the New York cause, which U.S. policy makers believed were more dangerous Times declared that the “immediate aims of the [Guatemalan] because they were hard to indentify and could be anywhere.40 41 government and Communists are indistinguishable.”33 Like a To replace the Arbenz government without provoking a domestic barometer, U.S. policymakers gauged the relative stability of or international outcry, the U.S. needed to link the recent events Latin American governments and their willingness to collude in Guatemala to the United States ideological enemy: the Soviet with U.S. foreign policy interests based on the relationship Union. Richard Immerman outlines how this was accomplished: between foreign investment companies and the Latin American The identification of the Soviet Union as the mastermind governments. Companies like UFCO did not want U.S. behind the Guatemalan conspiracy presented much less of a paternalism of their interests—their aim was to make money for problem. In the bipolar world of the cold war, United States shareholders. But in 1954, both UFCO and the U.S. wanted the leaders used “Communist” and “Soviet” interchangeably. removal of the Arbenz government and the return of favorable In the words of the Eighty-third Congress’ Senate Foreign economic and foreign policy conditions. Relations Committee chairman, Alexander Wiley, “There is The Truman and Eisenhower administrations perceived no communism but the Communism which takes it orders Guatemalan reform actions like Decree 900 not as agriculture from the despots of the Kremlin in Moscow. It is an absolute reform created to undo the unequal distribution of land, myth to believe that there is such a thing as homegrown but as symptoms of an international communist takeover in Communism, a so-called native or local communism.”42 Guatemalan politics. U.S. policymakers used the existence of Having linked the events transpiring in Guatemala to the 4000 registered Guatemalan communists in 1954 to claim inroads of international communism via the Soviet Union, widespread communist infiltration of the Arbenz government.34 the Truman administration in 1950 decided on taking greater Communists like Jose Manuel Fortuny Arana, the Secretary involvement to reinstate United States hegemony in the region. General of the National Agrarian Department, occupied Afraid that support to the enemies of Arevalo and Arbenz would key roles in the government and often enjoyed the personal be seen as Yankee imperialism, the Truman administration support of Arbenz, whose wife was a communist. However, decided to “withhold favors from the Guatemalan Government” this was an organic form of communism that was separate from which amounted to the suspension of military and economic aid the Soviet version. Guatemalan communists, following the in 1950.43 In 1952, the U.S. denied Guatemala Mutual Security teachings of Karl Marx, believed that their country needed to Aid while giving generous amounts to its hostile neighbors.44 develop capitalism before it could reach socialism.35 The Cold The newly elected Eisenhower administration decided in War scholar Ronald M. Schneider admitted in 1958 that the early 1953 to get rid of Arbenz and started planning a Coup “Communists seemed preferable to the eternally quarrelling, d’état. Eisenhower administration officials and the CIA prized thoroughly opportunistic and often corrupt leaders of the other secrecy and covert tactics. They needed to provide an invasion revolutionary parties.”36 Communist supported programs such force which would engage the Arbenz government in what as state funded compulsory education, workers organization, looked like a civil war while using U.S. international power to and agriculture reform, connected with many segments of condemn Arbenz for being a Soviet puppet and delaying any Guatemalan society. Arbenz relied on the communists to be a United Nations or Organization of American States action in core member, of his governmental coalition, a reliance that U.S. leaders viewed as promoting international communism. 38 Immerman, Te CIA in Guatemala, 81. 39 Ibid, 81. The reforms of the revolutionary government threatened 40 Schneider, Communism in Guatemala, 1944-1954, 121. the goal of United States foreign policy that Guatemala remains 41 The U.S. ambassador to Guatemala from 1949-1955, Richard Patterson recommended a rather nacogdoches method for identifying a communist: 37 “a place for capital investment.” Decree 900 represented a the “duck test.” “Suppose you see a bird walking around in a farm yard. “radical measure against a United States business” and thus This bird wears no label that says “duck.” But the bird certainly looks like a duck. Also, he goes to the pond and you notice that he swims like a duck. Then he opens his beak and quacks like a duck. Well, by this time you have probably reached the conclusion that the bird is a duck, whether 33 Ibid, 125. he’s wearing a label or not.” From: Immerman, Te CIA in Guatemala, 34 Schneider, Communism in Guatemala, 1944-1954, 101. 102. 35 Stephen M. Streeter, “Interpreting the 1954 U.S. Intervention in 42 Immerman, Te CIA in Guatemala, 102-103. Guatemala: Realist, Revisionist, and Post-revisionist Perspectives,” Te 43 Ibid, 109. History Teacher 34, no. 1 (2000): 67. 44 Andrew J. Schlewitz, “Imperial Incompetence and Guatemalan 36 Schneider, Communism in Guatemala, 1944-1954, 38. Militarism, 1931-1966,” International Journal of Politics, Culture and 37 Immerman, Te CIA in Guatemala, 83. Society 17, no. 4 (2004): 599. 32 - HOHONU Volume 8 2010 Guatemala until the secret Coup d’état ran its course. During President Eisenhower who decided to invoke the Caracas this time the CIA recruited Carlos Enrique Castillo Armas, a agreement to arrange a meeting of the OAS while simultaneously Guatemalan exile who had previously tried to overthrow the stepping up planning for the Coup d’état.54 government in 1951, and was living in Honduras trying to build Castillo Armas and 300 mercenaries crossed the Honduran- a counterrevolutionary force.45 Armas was everything the U.S. Guatemalan border in the early hours of June 18, 1954, backed government was hoping for in a Latin American ally: a military up by United States planes, a covert radio station playing anti- man who was anti-communist, held liberal economic ideas, Arbenz propaganda, and full support of the Catholic Church.55 and was pro-Catholic.46 Later in 1953, Eisenhower appointed Initally, Armas moved only six miles into Guatemala, called John Peurifoy ambassador to Guatemala. As “a man of action,” for Arbenz’s unconditional surrender, and then moved no Peurifoy would serve as a vital link between the State Department further.56 Armas’s planes continued to make bombing runs on and the CIA in Guatemala, and as a democrat he would serve the capital, Guatemala City, causing panic and fear among the as an effective patsy in case the coup failed.47 48 The State populace and the military, the latter knowing that Armas was Departments most vitriolic attacks against Guatemala came at being supplied by the United States.57 Arbenz decided to use the tenth Inter-American Conference, held in Caracas, Venezuela diplomatic channels to resolve the situation, as he was hesitant to from March 1 to 28, 1954. Secretary of State John Foster Dulles attack an U.S. backed force. On June 19, Guatemalan Foreign established the chief interest of the U.S. at the conference as Minister Guillermo Toriello cabled the UN, asking for the “secur[ing] a strong anti-Communist resolution which would Security Council to send an observation team to Guatemala.58 recognize Communism as an international conspiracy instead The U.S. dominated Security Council voted 10 to 1 (the Soviet of regarding it merely as an indigenous movement.”49 At the Union casting the nay vote) in favor of returning Guatemala’s conference Dulles proposed that “Communist domination complaints to the Inter-American Peace Committee, an arm of or control of any country would justify ‘appropriate action the Organization of American States, whose members “generally in accordance with existing treaties’”—giving the U.S. a legal share U.S. views [and] a greater degree of control exists.”59 background for intervention.50 The United States built on its Arbenz then called for the military to release arms to his civilian reasoning that all communisms are international communism in supporters, but the military refused and Arbenz, blocked in the disguise; its existence in Latin America is not voluntary but must international system by the U.S. and pressured by his military originate in the Soviet Union. Dulles’s proposition, known as the officers, resigned his presidency on June 27, 1954. Stephen M. Caracas Resolution, passed with only Guatemala voting against.51 Streeter offers an analysis of the pivotal role the military played in By tying the Caracas Resolution with other existing hemispheric the success of the coup: defense treaties, the United States had diplomatic carte blanche to Had the high command chosen to fight seriously they could move against Guatemala. have easily crushed Castillo Armas’s ragtag band. Most By mid-1954, Arbenz knew that an invasion led by Castillo military officers chose to abandon Arbenz, however, because Armas was only a matter of time. In an attempt to remove the they had grown weary of the ethnic conflict triggered by reason for United States intervention he proposed arbitration 54 The discovery of the shipment reads like a page from a spy novel. “Posing as a bird-watcher, the agency’s operative in Stettin [Poland] spied what 52 between Guatemala and United Fruit in early 1954. When he believed to be arms. He then wrote a seemingly innocuous letter to a this failed, Arbenz took drastic action to secure military aid Parisian automobile parts concern. He meticulously pasted a microfilm dot over one period. The agent in Paris translated the microfilm message for Guatemala; risking the ire of the United States and his into code and immediately transmitted it by shortwave to Washington. own military, Arbenz turned to the Soviets for assistance— The message read like the twenty-second prayer of David in the Book of Psalms: “My God, my God, why hast thou forsaken me?” Decoded, this reinforcing the U.S. claims of Soviet intervention in Guatemala. meant that military supplies were on board the ship.” From: Immerman, Czechoslovakia agreed to send two thousand tons of WWII Te CIA in Guatemala, pg. 155. surplus small arms aboard a Swedish freighter, the Alfhem.53 55 The three aircraft given to Armas were lost after the first day, and upon hearing the news Eisenhower decided to send more the next day. The Alfhem made port in Guatemala but the military, fearful Needing to get the planes covertly to Castillo Armas, the CIA working of Arbenz arming his civilian supporters, seized the shipment with the Eisenhower administration used the services of William Pawley, a Latin American businessman currently working for the Eisenhower in port. The CIA spotted the shipment in Poland, informing administration. Pawley reportedly handed a briefcase filled with $150,000 to the Nicaraguan ambassador, Guillermo Sevilla-Sacasa, who 45 Immerman, Te CIA in Guatemala, 142-143. purchased the planes from the Pentagon and then flew them to Panama, 46 Streeter, Managing the Counterrevolution, 25. where they were turned over to Armas. From Max Holland, “Private 47 Immerman, Te CIA in Guatemala, 137. Sources of U.S. Foreign Policy, William Pawley and the 1954 Coup d’État 48 Ibid, 136. in Guatemala.” Journal of Cold War Studies 7 no. 4 (2005): 61-62. 49 Ibid, 145. 56 Immerman, Te CIA in Guatemala, 161. 50 Immerman, Te CIA in Guatemala, 147. 57 Max Holland, “Private Sources of U.S. Foreign Policy, William Pawley 51 Aybar de Soto, Dependency and Intervention: Te Case of Guatemala in and the 1954 Coup d’État in Guatemala.” Journal of Cold War Studies 7 1954, 240. no. 4 (2005): 63. 52 Immerman, Te CIA in Guatemala, 155. 58 Immerman, Te CIA in Guatemala, 168-170. 53 Ibid, 155. 59 Ibid, 170. HOHONU Volume 8 2010 - 33 the land reform and because they feared that thwarting of communists in the Guatemalan government and condemned PBSUCCESS would only invite a much larger U.S. military them with Cold War rhetoric that linked Guatemala to the Soviet intervention. The transition between Arbenz and Castillo Union. Decree 900, enacted by the Jacobo Arbenz government, Armas represented, in reality, military coup, not a mass-based was the largest of these agrarian reform and brought the U.S. revolution against communism.60 into increased conflict with Guatemala. Cutting off all aid, and The Guatemalan military role in the coup was lost to the looking to curtain what it saw as a beachhead of international planners of PBSUCCESS who ascribe Armas’s success to U.S. communism, the U.S. government started to take legal and support and planning. This shortsightedness came back to haunt covert action against Guatemala. On June 18, 1954 the U.S. President John F. Kennedy’s administration as the Bay of Pigs government supported a coup d’état led by Castillo Armas that invasion was based on the faulty CIA logic overstating the role of was ultimately successful in replacing the Arbenz government the U.S. in the 1954 Coup d’état. due to a lack of military support to fight the invasion. The On July 7, 1954 Castillo Armas was elected president by the installation of Castillo Armas provided security for U.S. military junta placed in power after Arbenz’s resignation.61 Armas hegemony in Latin America at the cost of self-determination immediately set out to reverse the policies of the revolutionary for the Guatemalan people and irreparable damage to the U.S. government. He banned the communist party, arrested anyone reputation in Latin America. he deemed a communist, reversed the land seizures under Decree 900, and repealed the constitution of 1945.62 It was clear that Bibliography Armas wished to be just another dictator in Guatemala’s long Aybar de Soto, José M. Dependency and Intervention: Te Case of history of repressive politics. To the U.S. the coup represented Guatemala in 1954. (Boulder: Westview Press, 1978.) a “foreign policy panacea,” a way to combat what they viewed as Burnett, Virginia Garrard. “Protestantism in Rural Guatemala.” international communism, but what was really a democratically Latin American Research Review. Vol. 24, No. 2 (1989): 127- elected government looking to reverse the long history of 142. 63 underdevelopment in Guatemala. This type of foreign Dosal, Paul J. Doing Business With Te Dictators: A Political policy would in the end do the U.S. great harm, as emerging History of United Fruit In Guatemala, 1899-1944. governments in Latin America would remember how the U.S. (Wilmington: Scholarly Resources Inc., 1993.) treated Guatemala from 1947-1954. Holland, Max. “William Pawley and the 1954 Coup D’état in In 1957, a Guatemalan Embassy official was overheard Guatemala.” Journal of Cold War Studies. Vol. 7 No.4 (2005): saying to the U.S. State Department that “though it was a 36-73. difficult thing for a Guatemalan to admit, no government could Immerman, Richard H. Te CIA in Guatemala. (Austin: survive in Guatemala unless it was acceptable to the United University of Texas Press, 1982.) 64 States Government.” From independence in 1821 through the Schlewitz, Andrew J. “Imperial Incompetence and Guatemalan democratic revolution of 1944, Guatemalan politics saw the rise Militarism, 1931-1966.” and fall of a series of dictators, most of whom opened the country International Journal of Politics, Culture, and Society. Vol. 17 No. up to exploitative U.S. business interests. The revolution of 4 (2004): 585-618 Schneider, Ronald M., Communism in 1944 looked to reverse this “development of underdevelopment” Guatemala, 1944-1954. (New York: Frederick A. Praeger, by instituting a series of social and agrarian reforms that would Inc., Publishers, 1959.) empower both the middle class and ethnic Mayan Indians while Soderlund, Walter C. “An Analysis of the Guatemalan Insurgency 65 drawing their support to the struggling government. These and Coup D’état as Techniques of Indirect Aggression.” reforms first brought the Guatemalan government into conflict International Studies Quarterly. Vol.14 No. 4 (1970): 335- with the United Fruit Company, a powerful U.S. business 360. interest with connections to members in the U.S. government. Streeter, Stephen M. Managing the Counterrevolution: Te United Seeing these reforms as a threat to its economic and political States and Guatemala, 1954-1961. (Athens: Ohio University hegemony in Latin America, the United States noted the presence Center for International Studies, 2000.)------“Interpreting
60 Streeter, “Interpreting the 1954 U.S. Intervention in Guatemala: Realist, the 1954 U.S. Intervention in Guatemala: Realist, Revisionist and Postrevisionist Perspectives,” 70 Revisionist, and Post-Revisionist Perspectives.” Te History
61 Immerman, Te CIA in Guatemala, 177. Teacher. 62 Ibid, 198-199. Vol. 34 No. 1 (2000): 61-74. 63 Holland, “Private Sources of U.S. Foreign Policy, William Pawley and the 1954 Coup d’État in Guatemala,” 51. 64 Schlewitz, “Imperial Incompetence and Guatemalan Militarism, 1931- 1966,” 586. 65 Aybar de Soto, Dependency and Intervention: Te Case of Guatemala in 1954, 6. 34 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
For those researchers who believe organic agriculture Can Organic Farming (OA) can feed the world, their arguments are often defensive. Green Revolution agriculture, or what will be referred to as Feed the World? conventional agriculture (CA), has erased hunger problems Perspectives on a Food in many areas. Therefore, rejecting CA puts these researchers in an awkward position. It is common knowledge that in the Movement’s Place in World Food developed world, OA does not consistently outperform CA; Security otherwise this issue would be moot. The issue at hand is born of ecological and agricultural sustainability, and therefore, the Holly Miller proponents of a massive conversion to OA must come from the English 215 position of defending its viability as a supplier of food for 10 billion people without expanding current agricultural lands. Advances in crop science and mechanization in the 1940s Each paper reviewed that supported a massive conversion ultimately led to what is now known as the Green Revolution. to organic agriculture focused on a few main points. First, they Chemical fertilizers and pesticides, hybridization, irrigation addressed the issue of crop yield—many of their critics claim technology and motorized farm machinery doubled and OA yields could in no way rival CA yields. Catherine Badgley sometimes tripled crop yields, achieving unprecedented food et al. conducted a study comparing average organic yields to security for countless people. However, the high-intensity, average conventional yields.4 They calculated a ratio correlating high-input techniques have come into serious scrutiny because OA yields with CA yields and then applied it to current data of concerns over adverse health affects and environmental on world food supply. Both developing and developed areas degradation. With an expected world population of nearly 10 were taken into consideration Although their results indicated billion by the year 2050, the debate over how to sustainably a decline in yield for developed nations where inputs are high feed such a multitude of people without destroying the Earth (about ninety percent of CA yields), their results for developing has emerged as one of the most important topics of our time. countries, where current inputs are typically much lower than Some experts believe that a widespread shift to organic farming those of developing nations, suggested a significant increase, could both feed the world and restore environmental and in some cases more than fifty percent greater.5 Badgley et al. 1 human health. Their critics argue that there is no way organic wrote, “Our models demonstrate that organic agriculture can agriculture, or farming without the use of synthetic fertilizers, contribute substantially to a more sustainable system of food pesticides, genetically-engineered crops or any other unnatural production.”6 They add, “[We do not] claim that yields by additives, could feed the world—that it simply could not feed organic methods are routinely higher than yields from green- 2 10 billion people. For others, the issue is not so simple. Many revolution methods. Rather, the results show the potential experts believe that a combination of high-technology and for serious alternatives to green-revolution agriculture as the organic techniques provide a more realistic and sustainable dominant mode of food production.”7 Although Pamela C. 3 solution. Ronald and Raoul W. Adamchak’s book Tomorrow’s Table 1 Catherine Badgley et al., “Organic agriculture and the global food advocates synthesizing genetic modification with organic supply,” Renewable Agriculture and Food Systems 22, no. 2 (2006): 86-108, www.ebscohost.com and Brian Halweil, “Can organic farming feed us technology, they wrote that “[…] skilled farmers, using best all?” World Watch 19, no. 3 (2006): 18-24, www.ebscohost.com. and Ed organic practices and technologies, can achieve high yields while Hamer and Mark Anslow, “10 reasons why organic farming can feed the caring for the environment.”8 Their point is that OA can rival world,” Te Ecologist, March 1, 2008, http://www.theecologist.org/trial_ investigations/268287/10_reasons_why_organic_can_feed_the_world. CA in production while bringing the earth back into balance html ecologically. 2 Norman E. Borlaug, “Feeding a World of 10 Billion People: The Miracle Ahead,” In Vitro Cellular and Developmental Biology, Plant 38, no. 2 the Future of Food, New York: Oxford University Press, 2008 and Lori (2002): 221-228, www.jstor.org. and D.J. Connor, “Organic Agriculture Ann Thrupp, “Linking Agricultural Biodiversity and Food Security: The Cannot Feed the World,” Field Crops Research 106, no. 2 (2008): 187- Valuable Role of Sustainable Agriculture,” International Afairs 76, no. 2 190, www.sciencedirect.com and John J. Miller, “The Organic Myth,” (2000): 265-281, www.jstor.org. National Review 56, no. 2 (2006): 35-37, www.lexisnexis.com. 4 Badgley et al., “Organic agriculture and the global food supply.” 3 Klaus Ammann, “Why Farming With High Tech Methods Should 5 Ibid, 91. Integrate Elements of Organic Agriculture,” New Biotechnology 25, no. 6 Badgley et al., “Organic agriculture,”, 94. 6 (2009): 378-388, www.sciencedirect.com and Pamela C. Ronald and 7 Ibid, 94. Raoul W. Adamchak, Tomorrow’s Table: Organic Farming, Genetics, and 8 Ronald and Adamchak, Tomorrow’s Table, 27. HOHONU Volume 8 2010 - 35 In the article, “Can Organic Farming Feed Us All?,” which found that a conversion to OA would have a minimal Brian Halweil asserts the same position, using several studies impact on world food prices.18 He also argues that since OA to support it, including Badgley et al.’s.9 He cites a study doesn’t require expensive fertilizers or pesticides, it could open conducted by Niels Halberg at the Danish Institute of up the industry to small farms, having a particularly positive Agricultural Sciences, admitting that OA output would not impact in developing nations.19 equal CA output in the developed world, but developing Cuba’s food system presents the most unlikely argument countries would see an increase.10 Halweil quotes Halberg’s for the conversion to organic farming. When Soviet Russia team: “Modern non-certified organic farming is a potentially collapsed in 1991, Cuba was left without access to imports of sustainable approach to agricultural development in areas with food, fuel and fertilizer.20 The Cuban people were essentially low yields due to poor access to inputs or low yield potential forced to revert to manually-driven labor and organic inputs because it involves lower economic risk than comparative in order to feed themselves. In his article, “The Cuba Diet,” interventions based on purchased inputs and may increase farm Bill McKibben wrote, “In so doing they have created what level resilience against climatic fluctuations.”11 Ed Hamer and may be the world’s largest working model of semi-sustainable Mark Anslow, in their article “10 Reasons Why Organic Can agriculture, one that doesn’t rely nearly as heavily as the rest of Feed the World,” argue that research conducted in the U.S. the world does on oil, on chemicals, on shipping vast quantities by the University of Essex found that after a period of lower of food back and forth.”21 The point here is to illustrate that yields with OA following conversion from CA, crop yields soon feeding a nation of people organically can be done—Cuba does returned to normal and even became more productive.12 These it every day. findings suggest that poor OA output in developed countries In sharp contrast to the previous arguments for a transition may only be temporary, boosting the argument for the massive to OA, certain experts believe it could never feed the world, conversion to organic farming by all agriculturalists. and that a massive conversion to OA would require more land According to Badgley et al., CA farming used to produce enough food to feed the burgeoning population. approximately 82 million metric tons of synthetic nitrogen In the article “Organic Agriculture Cannot Feed the World,” fertilizer in 2001.13 They argue that nitrogen-fixing cover crops D.J. Connor dives head-first into the argument that OA could have the potential of providing 58 million metric tons more never be as productive as CA.22 Connor directly addresses nitrogen than synthetic sources. Halweil cites their findings at Badgley et al.’s research and claims they’ve misinterpreted their length in an endnote to his article, while Hamer and Anslow data. He says they seriously overestimated output and “failed go into detail about the dangers of synthetic nitrogen fertilizer’s to realize that any significant increase in OA from its current contribution to global warming. They wrote that, “In fact, small base of world agriculture (0.3%) will increase competition the production of one tonne of ammonium nitrate creates 6.7 for limited organic nutrients.”23 Finally, he cites three studies tonnes of greenhouse gases (CO2), and was responsible for that estimate organic agriculture could only feed a maximum around 10 per cent of all industrial greenhouse gas emissions of three to four billion people.24 John J. Miller, in his article in Europe in 2003.”14 They argue that cover crops, and both “The Organic Myth,” accuses proponents of OA to be “enemies animal and green manure fertilizers increase organic matter in of environmental conservation” because OA is less efficient the soil.15 This effectively keeps the damaging carbon dioxide than CA.25 Miller argues that the only way to feed upwards from entering the atmosphere. of 10 billion people is to get more yield from currently farmed Proponents of a massive conversion to OA believe that land, something he believes OA couldn’t accomplish.26 Nobel it would serve an economic and social benefit. Hamer and Peace Prize laureate, Norman Borlaug, in his article “Feeding Anslow point out that “by its nature, organic production relies a World of 10 Billion People: the Miracle Ahead,” argues that on labour-intensive management practices.”16 Their article cites the only way the world will feed such a population is through a report finding that organic farms create 32 percent more jobs advances in biotechnology, fertilizer and pesticide technology.27 than conventional ones in the UK.17 Hence, the question must He wrote that if the world were to produce the same amount of be: will this labor-intensive process drive up food prices? Brian food today without the advances in CA technology since 1961, Halweil addresses the issue by citing Niels Halberg’s study, 18 Halweil, “Can Organic Farming,” 4. 19 Ibid, 4. 9 Halweil, “Can organic farming feed us all?,” 2. 20 Bill McKibben, “The Cuba Diet,” Harper’s Magazine 310, no. 1859 10 Ibid, 4. (2005): 61-69, www.ebscohost.com, 61. 11 Ibid, 4. 21 Ibid, 62. 12 Hamer and Anslow, “10 reasons,” 1. 22 Connor, “Organic Agriculture Cannot…,” 187. 13 Badgley et al., “Organic agriculture and the global food supply,” 92. 23 Connor, “Organic Agriculture Cannot…,” 188. 14 Hamer and Anslow, “10 reasons,” 2. 24 Ibid, 187. 15 Ibid, 2. 25 Miller, “The Organic Myth,” 37. 16 Ibid, 4. 26 Ibid, 37. 17 Ibid, 4. 27 Borlaug, “Feeding a World.” 36 - HOHONU Volume 8 2010 three times more land in the U.S. and China and two times would need to be plowed up to get at new sources of nitrogen.37 more land in India would need to be cultivated to match 1992 He concludes that “Moreover, the world cannot realistically levels.28 expect organic farming to grow the same amount of food In the article “Saving the Planet with Pesticides,” John produced by modern agrochemical farming, let alone tripling Avery simply becomes a clear advocate of Green Revolution production for the future.”38 techniques. Avery writes that “Researchers continue to achieve Some experts believe synthesizing OA and CA methods major gains from cross-breeding, chemical fertilizers, and other provides the answer to feeding a population of 10 billion established research approaches.”29 These experts agree that if people. The common definition of organic agriculture prohibits the world were to go to an all-OA system, agriculture would the use of unnatural pesticides, herbicides, fertilizers and need to expand into natural areas in order to provide enough most recently genetically engineered (GE) crops. Advocates calories to feed the world. of synthesized agriculture, or SA, believe the only way to John J. Miller goes on to argue that there’s no scientific realistically preserve the environment, promote human health data to prove that organic food is healthier; and that it is and feed the world is by making compromises. They argue that actually less healthy because of fungi, bacteria and animal CA practitioners could adopt certain OA techniques to improve manure that have been found on organic items.30 He cites the sustainability of their system and reduce negative ecological several examples of organic foods that were found to have impact. Halweil, who figures strongly in the argument for a dangerous amounts of these substances on them, and reminds conversion to OA, admits a “middle path” might be a more his readers that chemical pesticides would have eradicated reasonable alternative because it offers a less risky option to those dangers.31 “Conventional wisdom says that we should farmers.39 avoid food that’s been drenched in herbicides, pesticides, and Certified organic agriculture in the United States and fungicides. Half a century ago, there was some truth in this: Europe currently prohibits the use of GE crops. Pamela C. sprays were primitive and left behind chemical deposits that Ronald and Raoul W. Adamchak, who co-wrote the book often survived all the way to the dinner table. Today’s sprays, Tomorrow’s Table, admit that for organic agriculture to feed however, are largely biodegradable,” he assures his readers.32 the world, changes to OA practices would need to be made.40 Avery echoes this sentiment: “Farmers started with DDT and They argue that allowing GE crops in OA is a solution and have now progressed to narrow-toxicity, low-volume, rapidly that “GE has the potential to increase resistance of plants to degrading pesticides and Integrated Pest Management.”33 insects, diseases, and nematodes, and help plants adapt to Critics of OA conversion argue that there is a significant environmental stresses like drought, flooding, cold, and salt.”41 lack of natural sources of nitrogen to fertilize enough In a response to questions of GE crop safety pertaining to crops to feed the world. Connor once again argues against human consumption, Ronald, a plant geneticist, states that “the Badgley et al.’s study findings. He says their findings that fluoridated toothpaste on your toothbrush or the soft drinks in nitrogen-fixing cover crops could fertilize all world crops your refrigerator likely present greater risks to your health than are an overestimation.34 Connor states that growing a cover the genetically engineered papaya you had for breakfast.”42 crop would disrupt production because many of the world’s Klaus Ammann, in his article “Why Farming with croplands produce cash crops up to 2.5 times per year, especially High Tech Methods Should Integrate Elements of Organic in tropical and sub-tropical areas like Bangladesh.35 Growing Agriculture,” agrees that GE crops could boost OA production. a nitrogen-fixing crop would effectively limit the time those He believes that synthesized agricultural techniques should be lands had to produce food crops. Miller addresses the issue of the goal for attaining a sustainable, environmentally-friendly fertilizer more plainly: “There just isn’t enough cow poop to go system. Ammann argues that “transgenic crops and all high around.”36 He does not consider other natural fertilizers in the technology practices . . . could very well fit into ecoagriculture article, however. Avery argues that sewage sources of nitrogen and, vice versa, that ecoagricultural strategies could very well be could only equate to two percent of the synthetic nitrogen introduced into high tech agriculture.”43 currently used to fertilize crops, and that huge swaths of land Ammann recognizes the importance of biodiversity to protecting the world food supply. He argues that mixed 28 Ibid, 226. 29 Dennis Avery, “From Saving the Planet with Pesticides,” in Te True State cropping, which is a common OA technique, protects crops of the Planet, ed. Ronald Bailey (New York: The Free Press, 1995), 63. 30 Miller, “The Organic Myth,” 36. 37 Avery, Saving the Planet, 70. 31 Ibid, 35. 38 Ibid, 69. 32 Ibid, 36. 39 Halweil, “Can organic farming feed us all?,” 6. 33 Avery, “Saving the Planet,” 69. 40 Ronald and Adamchak, Tomorrow’s Table, 37. 34 Connor, “Organic Agriculture Cannot,” 188. 41 Ronald and Adamchak, Tomorrow’s Table, 37. 35 Ibid, 188. 42 Ibid, 87. 36 Miller, “The Organic Myth,” 37. 43 Ammann, “Why Farming with High Tech,” 383. HOHONU Volume 8 2010 - 37 from pests and preserves soil fertility better than the typical Bibliography CA monoculture system does.44 Ammann suggests using seed mixtures containing a variety of genomes that could be applied Ammann, Klaus. “Why Farming With High Tech Methods just as easily as non-varietal seeds on highly-mechanized farms.45 Should Integrate Elements of Organic Agriculture.” New Lori Ann Thrupp, in her article “Linking Agricultural Biotechnology 25, no. 6 (2009): 378-388. Biodiversity and Food Security: the Valuable Role of www.sciencedirect.com. Agrobiodiversity for Sustainable Agriculture,” argues that Badgley, Catherine and others. “Organic agriculture and the preserving biodiversity is essential for protecting food security global food supply.”Renewable Agriculture and Food Systems and the environment.46 She believes that “the model and 22, no. 2 (2006): 86-108. patterns of industrial agriculture and the Green Revolution Bailey, Ronald, ed. Te True State of the Planet: Ten of the World’s have exacted significant biophysical and socio-economic costs Premier Environemental Researchers in a Major Challenge and disadvantages in many parts of the world, in both North to the Environmental Movemement. New York: The Free and South.”47 She says CA monoculture makes crops more Press, 1995. susceptible to pests and disease, and reminds her readers Borlaug, Norman E. “Feeding a World of 10 Billion People: that many insects and fungi that chemicals kill are actually The Miracle Ahead.” In Vitro Cellular and Developmental beneficial toplants. 48 She believes that moving to and all-OA Biology, Plant 38, no. 2 (2002): 221-228. www.jstor.org. system is not realistic, but incorporating organic techniques Connor, D.J. “Organic Agriculture Cannot Feed the World.” into CA could improve environmental health and make world Field Crops Research 106, no. 2 (2008): 187-190. www. agriculture a sustainable practice.49 sciencedirect.com. The debate over how to increase and maintain world food Halweil, Brian. “Can organic farming feed us all?” World Watch supply is one of the most important issues of our time. Green 19, no. 3 (May 2006):18-24. www.ebscohost.com. Revolution farming has proved to offer the high yields necessary Hamer, Ed and Mark Anslow. “10 reasons why organic farming for feeding billions, but its practices undoubtedly contribute to can feed the world.” Te Ecologist, March 1, 2008. http:// climate change and ecological degradation. Organic agriculture, www.theecologist.org/trial_investigations/268287/10_ when practiced responsibly, can help alleviate environmental reasons_why_organic_can_feed_the_world.html stresses and contribute to the healing of the earth. However, McKibben, Bill. “The Cuba Diet.” Harper’s Magazine 310, no. can it realistically feed the 10 billion people who are expected 1859 (April 2005): 61-69. www.ebscohost.com. to live on this earth by 2050? While some people believe it can, Miller, John J. “The Organic Myth.” National Review 56, no. 2 others are adamant that it can not, and some people suggest the (2006): 35-37. www.lexisnexis.com. solution is a synthesized system. Regardless of whether there is Ronald, Pamela C., and Raoul W. Adamchak. Tomorrow’s Table: one correct answer or several, the issue is very real and present. Organic Farming, Genetics, and the Future of Food. New It must be considered objectively and consistently researched York: Oxford University Press, 2008. so that the world can come to a solution that successfully Thrupp, Lori Ann. “Linking Agricultural Biodiversity and Food perpetuates the human race and preserves the earth for future Security: The Valuable Role of Sustainable Agriculture.” generations. International Afairs 76, no. 2 (2000): 265-281.www.jstor. org. 44 Ibid, 382. 45 Ibid, 382. 46 Thrupp, “Linking Agricultural Biodiversity,” 265. 47 Thrupp, “Linking Agricultural Biodiversity,” 269. 48 Ibid, 272 49 Ibid.
38 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
criminalization flourishes within an emergent social discourse Te Criminalization of that conceptualizes maternal and fetal rights in conflict. Criminalizing pregnant women characterizes mothers as “agents Pregnant Women and of harm” and considers the interests of the fetus separate to those of the mother (Gustavsson 1991:65). The belief in the Illusion of Maternal- mother and fetus as separate entities represents a critical element in the ability of prosecutors to charge and convict women for Fetal Confict crimes against their unborn child. The social construction of maternal-fetal conflict effectively Kylie Alexandra individualizes women’s responsibility for producing healthy Sociology 324 babies and ignores structural problems that infringe upon their In the mid-1980s, the criminalization of pregnant drug- ability to do so (Eckenwiler 2004). This discourse produces addicted women came to light as a significant prosecutorial a variety of negative outcomes for both mothers and babies. trend, with an emphasis on crack-cocaine (Hirschenbaum Research indicates that prosecutions discourage pregnant 2001). Between 1985 and 1995, prosecutors charged more women from seeking treatment for their addiction and prenatal than 200 women with taking drugs while pregnant. Many of care (Gustavsson and MacEachron 1997; Toscano 2005). these women spent time in prison as a result of their arrest Moreover, fear of prosecution represents a motivating force for and some lost custody of their children (Toscano 2005; Lim drug-addicted women to consent to sterilization (Lim 2008). 2008). The offenses ranged from delivering drugs to a minor In perhaps the most striking example of belief in maternal- via the umbilical cord to child abuse and child endangerment fetal conflict, a non-profit organization named Children (Gustavsson and MacEachron 1997; Lim 2008). According Requiring a Caring Kommunity (CRACK) emerged during the to Nora S. Gustavsson (1991), the War on Drugs amounted height of the War on Drugs in the mid-1990s and continues to to nothing more than a war on women, in particular, African offer drug-addicted women $300 upon proof of sterilization. American women. Based in California, CRACK claims 39 chapters across the Prosecutors cloak their efforts to criminalize women mainland United States (CRACK 2009). Although ostensibly with numerous philosophical justifications. Utilitarianism offering cash to both men and women, their most recent data presupposes that legal remedies will protect the fetus from harm indicate that CRACK paid a total of 912 women in return and motivate drug-addicted women to seek treatment; the for sterilization compared with 29 men (CRACK 2009). At favored outcomes justify the prosecutorial means (Lim 2008; least part of the reason for this discrepancy can be found in the Toscano 2005). Arguments for deterrence assume that drug- prosecutorial bias towards women and the lack of attention addicted women engage in free and rational decision-making paid to the effects of male drug taking on the developing fetus analyses and that fear of prosecution will tip the scales in (Gustavsson and MacEachron 1997; Solomon 1991; Toscano favor of drug-abstention. In contrast, Lisa Eckenwiler (2004) 2005). Men have little to fear that would convince them to succinctly suggests that “keen attention to the particulars of permanently trade their reproductive ability for such a paltry these women’s lives reveals that freedom is not a fully realized sum of money. ideal” (p.91). Vicki Toscano (2005) draws the distinction This paper reviews the media obsession and questionable that retributive justifications apply not just to the form of scientific literature that underlies the prosecutorial trend of the sentencing imposed on convicted women, but also to the past two decades and the concurrent establishment of maternal- effects the sentencing has on public discourse concerning fetal conflict. The maternal-fetal conflict will be revealed as pregnant women’s responsibilities toward their unborn baby. a false dichotomy and CRACK exposed as misguided and Criminalization transforms a moral responsibility into a legal discriminatorily punitive. A paradigm shift is recommended responsibility and promotes the idea that pregnant women who towards recognition of the intrinsically shared interests of take drugs have abandoned this responsibility, are intentionally mother and baby and that a better alternative to prosecution inflicting harm on their unborn baby, and deserve punishment involves the reallocation of resources to treatment programs and (Toscano 2005). prenatal health services. The attempts to rationalize prosecution emphasize how The prosecution of pregnant drug-addicted women is
HOHONU Volume 8 2010 - 39 intimately connected with the manner in which the media assert that much of the research published during the height framed the rise in crack-cocaine. Various media outlets of the War on Drugs supports particular political ideologies by depicted drug-addicted women as promiscuous prostitutes focusing on women’s role in reproduction only. Studies that did whose consumption of crack destroyed their maternal instinct not establish connections between maternal prenatal drug use while they simultaneously produced multitudes of substance- and poor fetal outcomes were less likely to receive publication exposed babies (Lim 2008; Roberts 2005; Toscano 2005). (Gustavsson and MacEachron 1997; Toscano 2005). Dorothy Roberts (2005) highlights how the media wove a Recent research indicates that few infant health problems disparaging stereotype of black women into their portrayal of can be confidently attributed to prenatal cocaine exposure the crack epidemic by linking it with high rates of black infant (Bono et al. 2007; Toscano 2005). Systemic issues such as lack mortality – despite the fact that high infant mortality rates of access to prenatal medical care, inadequate housing, poor were recorded long before widespread use of crack. Racial nutrition, and persistent poverty affect pregnancy outcomes biases channeled blame for a complex social problem onto the (Gustavsson and MacEachron 1997; Toscano 2005). In individual backs of poor African American women who were particular, living with male partners that are substance abusers prosecuted at a disproportionately high rate (Roberts 2005; or violent (or both) is a predictor of poor pregnancy outcomes Solomon 1991). (Gustavsson and MacEachron 1997). An analysis of 36 Media attention pressured the scientific literature to peer-reviewed studies on the teratogenic impact of cocaine support the idea that prenatal drug exposure represented found no conclusive evidence for negative effects on physical an urgent problem even though the effects on infants were or cognitive development (Bono et al. 2007). Studies which not conclusive (Toscano 2005). Nora Gustavsson and Ann found otherwise usually indicate minimal damage when MacEachron (1997) reviewed studies that attempted to environmental factors are controlled for. Indeed, Katherine ascertain the incidence and prevalence of prenatal drug exposure E. Bono et al. (2007) report that characteristics of the home and found that the rates are unclear. Most research was environment impact cognitive development more consistently conducted in public hospitals that attend to poor and minority than does prenatal cocaine exposure. women. A survey of 36 urban hospitals in 1989 reported an Nonetheless, prosecutors relied on the speculative risks average perinatal illicit drug rate of 11%. A Florida study in of prenatal drug exposure to use a combination of child abuse 1990 attempted to remove the class and ethnic bias found in and drug-related statutes to criminalize pregnant drug-addicted prior studies and discovered that little difference exists between women (Lim 2008). Appellate courts largely overturned illicit drug rates for white and black women (Gustavsson and prosecutorial attempts but nonetheless legal precedence MacEachron 1997). for criminalizing pregnant women exists (Gustavsson and Composite data from numerous studies show that 2 – MacEachron 1997; Lim 2008). In one of the earliest cases 3% of infants suffer from prenatal cocaine exposure annually attempted, a Florida court convicted a woman of delivering (Gustavsson and MacEachron 1997). The precise causal cocaine to a minor via her umbilical cord immediately after effects of cocaine on the developing fetus are not conclusively birth. The Florida Supreme Court later overturned the decision established (Bono et al. 2007). Earlier studies indicate that but nonetheless it paved the way for future prosecutions cocaine may cause premature birth, a small head circumference, (Gustavsson and MacEachron 1997; Hirschenbaum 2001). and abnormality of the urinary tract (Gustavsson and In 1985 California prosecutors charged Pamela Rae Stewart- MacEachron 1997). Additional research suggests that cocaine- Monson with child neglect for failing to follow her doctor’s exposed infants may suffer disproportionately from certain orders to refrain from smoking marijuana and having sexual types of stress, shortened attention span, and slight problems intercourse while pregnant. She was arrested after her infant, in language development (Bono et al. 2007). Some studies do suffering from brain-damage, died aged six-weeks (Solomon not find any significant differences between infants exposed 1991; Toscano 2005). Notably, prosecutors chose not to charge to cocaine in utero and those that were not (Gustavsson 1991; her husband, even though he participated in the proscribed Gustavsson and MacEachron 1997). Moreover, rampant activities and had a history of violent behavior. Results from a methodological concerns in many of the early studies illustrate medical exam suggested that physical abuse against the mother that caution is warranted when trying to draw conclusions; potentially caused the baby’s death (Toscano 2005). Prosecutors for example, studies did not control for confounding eventually dropped the charges but not before the case received environmental factors or the presence of other drugs in the widespread media publicity (Solomon 1991). pregnant woman’s system and often relied on small, non- Courts in South Carolina appear especially willing to representative samples (Gustavsson 1991; Gustavsson and convict drug-addicted pregnant women. In Whitner v. MacEachron 1997). Gustavsson and MacEachron (1997) State, a South Carolina court convicted Cornelia Whitner of
40 - HOHONU Volume 8 2010 criminal child neglect for consuming cocaine during pregnancy outcomes and is more cost effective than incarceration. Assisting when traces of the drug were found in her infant’s system, pregnant women to carry their infants to term is far less even though the infant did not suffer any apparent effects expensive than providing care for a premature baby (Gustavsson (Hirschenbaum 2001; Toscano 2005). The South Carolina and MacEachron 1997). This approach recognizes that drug- Supreme Court upheld her eight-year sentence (Toscano use among pregnant women warrants a public health response, 2005). The same court upheld Regina McKnight’s conviction not a criminal response; especially in light of the fact that many and twelve-year sentence for homicide by child abuse after women self-medicate the effects of depression through the use prosecutors successfully argued that her cocaine use during of illicit drugs (Eckenwiler 2004; Lester 2000). pregnancy led to the infant being stillborn (Eckenwiler 2004). A British study conducted from 1999 – 2006 provides There is scant support in the literature to suggest that evidence for the success of encouraging prenatal healthcare prosecuting pregnant women promotes healthy fetal outcomes. amongst pregnant drug-addicted women. Pregnancy outcomes In a related argument, George Schedler (1991) contends that such as birth weight, gestational period, and breast feeding society maintains the right to force pregnant drug-addicted rates were measured and found to substantially improve in cases women to undergo abortions. His utilitarian justification where the mother received support from a midwife (Leggate argues that the perceived social and economic costs of caring for 2008). Pregnant mothers responded to the personal care and substance-exposed babies outweigh the benefits, even though as a result were more compliant with prenatal advice (Leggate harmful effects are far from certain. CRACK relies on a similar 2008). Results such as these highlight the positive agency drug- argument to suggest that its program of sterilization alleviates addicted women use to limit the harmful effects of prenatal social costs incurred by taxpayers that would otherwise be drug exposure and present a strong case for “empowering spent on the care and raising of children born to drug-addicted [pregnant] women instead of punishing them” (Eckenwiler women (CRACK, 2009). In both cases, the solution to a social 2004:91). Pregnant women and their children benefit when the problem is sought by regulating women’s reproduction (Toscano distribution of resources recognizes the mutuality of maternal- 2005). However, more than two decades of prosecuting fetal existence. pregnant drug-addicted women has not produced lower rates of CRACK raises a number of serious ethical concerns. It drug use during pregnancy (Lim 2008). stratifies reproduction by classifying the reproductive capacity In fact, the criminalization of pregnant drug-addicted of certain groups of women as undesirable, often in a racially- women precipitates actions that are harmful to both mother biased manner (Roberts 2005). A prominent quote on the and baby. A judge in the District of Columbia sentenced a CRACK website singles out African Americans to support the cocaine-addicted woman convicted of forgery to prison solely organization (CRACK 2009). The dollar value assigned to on the basis of her pregnancy, allegedly to protect her unborn child-bearing implicitly derogates some women’s reproductive fetus. His misguided rationale ignored evidence that illicit potential and reinforces a reproductive hierarchy (Roberts drugs are rampant in correctional institutions and that rates of 2005). It artificially reduces complex social problems to miscarriage are far higher than the national average (Gustavsson reproductive capacity instead of highlighting systemic issues 1991; Gustavsson and MacEachron 1997). Endangering in women’s drug addiction, and perpetuates the idea that women’s health by placing them in prison endangers the fetus; women can and should be held responsible for ameliorating it further discourages other pregnant drug-addicted women a social problem (Lim 2008; Roberts 2005; Solomon 1991; from seeking the healthcare and treatment that is vital to fetal Toscano 2005). CRACK reinforces the discourse that and maternal wellbeing (Gustavsson and MacEachron 1997; supports criminalization through their controversial bill- Toscano 2005). Following the South Carolina Supreme Court’s board advertisements: “Prevent Child Abuse… [$300] cash decision in Whitner v. State, local treatment clinics reported for drug-addicts who participate in long-term birth control” significantly lower pregnant female admission rates (Toscano (Hirschenbaum 2001:327) and continues the historic trend 2005). of monitoring women’s sexual and reproductive behavior. The attempt to separate maternal and fetal interests for the Fundamentally, CRACK represents an extreme form of purpose of criminalizing drug use and promoting fetal wellbeing maternal-fetal conflict by actively promoting the idea that is counterproductive. Toscano (2005) draws attention to the certain women should permanently suffer the loss of their contradiction inherent in maternal-fetal conflict: the unborn reproductive capacity. fetus is considered legally separate from the mother but it is The criminalization of pregnant drug-addicted women the dependant nature of the relationship between the two that provides the fertile soil necessary for programs like CRACK is used to justify prosecution. Consideration of the mutual to emerge. While there are many divisive elements within the interests of the mother and fetus will result in better pregnancy CRACK program, it powerfully illustrates the oppressive nature
HOHONU Volume 8 2010 - 41 of the separation of maternal and fetal interests; indeed, any means that society has a collective responsibility to provide interest in maternal wellbeing is noticeably absent. services aimed toward healthy reproduction. Abandoning the The American Public Health Association (APHA) charges falsehood of maternal-fetal conflict is a necessary step in the that CRACK relies upon unsound data concerning the effects of direction of healthy mothers and healthy babies. prenatal cocaine-exposure and ignores the far more widespread incidence of alcohol-exposure in its racially-biased campaign References to sterilize women (APHA 2001). In doing so, it violates basic human and civil rights by “attacking the reproductive capacity American Public Health Association (APHA). 2001. “00-LB-2: of women rather than the conditions of oppression under Opposition to the CRACK Campaign.” American Journal which poor women live” (APHA 2001:517). CRACK does of Public Health 91:516-17. not provide social or financial support to women that seek drug Bono, Katherine E., Nurit Sheinberg, Keith G. Scott, and treatment. Barry Lester (2000) suggests that the societal stigma Angelika H. Claussen. 2007. “Early Intervention for attached to drug use inhibits the provision of treatment options. Children Prenatally Exposed to Cocaine.” Infants & CRACK reinforces this stigma which is especially harmful Young Children: An Interdisciplinary Journal of Special Care given the dearth of drug treatment programs for pregnant drug- Practices 20: 26-37. addicted women and the dire need for additional resources. *Children Requiring A Caring Kommunity (CRACK). 2009. In a survey of drug-treatment programs conducted in 1990, Accessed April 19, 2009 (http:projectprevention.org). 54% excluded pregnant women; 67% excluded women under Eckenwiler, Lisa. 2004. “Why Not Retribution? The Medicaid; and fully 87% excluded pregnant cocaine-addicted Particularized Imagination and Justice for Pregnant Medicaid patients; all categories of women in which CRACK Addicts.” Journal of Law, Medicine, and Ethics 32:89-99. clients are likely to fall (Hirschenbaum 2001; Solomon 1991). Gustavsson, Nora S. 1991. “Pregnant Chemically-Dependant Social problems are collectively created and defined. The Women: The New Criminals.” Aflia 6:61-73. social construction of the myth of the perpetually pregnant Gustavsson, Nora S., and Ann E. MacEachron. 1997. crack-addicted woman reflected public anxiety and imbued “Criminalizing Women’s Behavior.” Journal of Drug Issues itself into the early scientific literature. Both provided the 27:673-87. foundation for criminalizing pregnant drug-addicted women Hirschenbaum, Dana. 2000. “When CRACK is the Only and formed the scaffolding for the conceptualization of Choice: The Effect of a Negative Right of Privacy on Drug- maternal-fetal conflict. Prosecutors around the country seized Addicted Women.” Berkeley Women’s Law Journal 15:327- upon the idea of maternal-fetal conflict to hold mothers 37. singularly responsible for negative pregnancy outcomes out Leggate, Joyce. 2008. “Improving Pregnancy Outcomes: of the mistaken belief that punishing mothers would herald Mothers and Substance Misuse.” British Journal of better outcomes for babies. Although convictions have been Midwifery 16:160-65. overturned in most states with the exception of South Carolina, Lester, Barry. 2000. “Drug-Addicted Mothers Need Treatment, this has not translated into a rejection of the philosophies Not Punishment.” Alcoholism & Drug Abuse Weekly 12:5. underlying criminalization (Toscano 2005). Lim, Stephanie Yu. 2008. “Protecting the Unborn as Modern Maternal-fetal conflict represents a dangerous illusion that Day Eugenics.” Health Matrix 18:127-36. depicts mothers as agents of harm and inhibits those most in Roberts, Dorothy E. “Privatization and Punishment in the New need of pregnancy care from seeking it. CRACK reifies this Age of Reprogenetics.” Emory Law Journal 54:1343-60. illusion and reinforces the social discourse that blames women Schedler, George. 1991. “Does Society Have the Right to Force for the complex social problem of pregnant drug-addiction. Pregnant Drug Addicts to Abort their Fetuses?” Social Their willingness to pay women for sterilization makes it Teory & Practice 17:369-84. easier to demote support for services that assist pregnant drug- Solomon, Renee I. 1991. “Future Fear: Prenatal Duties addicted women; services that are proven to promote healthy Imposed By Private Parties.” American Journal of Law & babies. Medicine 17:411-34. A better alternative is to recognize that women’s drug use Toscano, Vicki. 2005. “Misguided Retribution: Criminalization evolves in response to a myriad of personal and environmental of Pregnant Women Who Take Drugs.” Social Legal Studies factors, including depression, physical and emotional abuse, 14:360-86. entrenched poverty, and the concomitant absence of adequate *CRACK is now known as “Project Prevention.” housing, nutrition, or healthcare. Moreover, all of these factors contribute to poor pregnancy outcomes. Acknowledging this
42 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
servant.”1 Indeed, women were subservient members of Te Curious Case society and the most sexually oppressed, but not every woman conformed to the model set by the Church and courtly of Humour and myth. The whore existed as a member of medieval English society, yet, as a member slightly separated from it. Their Whoredom: disconnection from the expectations of the western Church Te Concept of ‘Necessary’ challenged accepted ideas of morality in a Europe where the Church served as the beacon of moral stability for most people. Prostitution as it Pertains to the Nevertheless, the Church could not control widespread beliefs Social, Religious, and Sexual that sexuality was acceptable as part of the natural order. Thanks to the acceptance of ancient medical theories, sexuality Lives of ‘Common Women’ in was condemned but viewed as necessary. In turn, whores were condemned and considered necessary as well. Medieval England Medieval sexuality was, by our modern world-view, unique because ideas and opinions relating to sexuality were both La‘akea Yoshida medically and religiously influenced. Practitioners of medieval History 356 medicine reasoned that substances called humours governed the Chivalry, courtly love, and knights in shining armor are body, and were responsible for maintaining balance. Because products of the medieval imagination; Arthurian tales of love, the body could not be studied by autopsy (which was illegal, and quests to attain that love, are strange shifts in the social except in very rare occasions), the Greek theory of humours norm compared to the true nature of medieval society. The offered an explanation of how the body functioned.2 Since lives of medieval women were difficult and demanding. They these substances were considered to be controlling forces behind were servants, mothers, cooks, and responsible for the care the human body, physicians believed sex was vitally important of the home, nothing like their courtly counterparts who to releasing a “dangerous buildup of the ‘seminal humour’ graced the pages of medieval scribes. Nonetheless, there was in men.”3 Church authorities reluctantly agreed that sexual a group of women who did live in a world apart, a world desire was part of natural law and although these laws were separate from the social expectations of their society: the “universally shared,” Church officials condemned sexuality prostitutes. While “common women” in medieval England because “sexual desire could lead to sin—and usually did.”4 lived as outcasts of the Western Church and were viewed as Although church officials differed in their acceptance of sex as problems in their civic societies, remarkably, they were able to either good, or evil, there was a distinctly common opinion of move openly in traditional male spaces as essential members women’s sexuality: women were considered sexually ravenous of both communities. Their status as sinful, but essential creatures and were held to higher standards of sexual morality members of medieval English society was due largely in part to because they were “so susceptible to sexual temptations, great acceptance of the humours, theories that stated that the body care had to be taken to confine their sexual activities within was kept in balance by bodily substances and their release. a properly structured marriage relationship.”5 Thehumours The Church acknowledged the need for sexual release even though many people did not have any “moral” means of sexual 1 Derek Brewer, “Chivalry,” in A Companion to Chaucer, ed. Peter Brown (Oxford, UK: Blackwell Publishers, 2000), 61. expression. Therefore, prostitution existed as a service to the 2 The theory of the humours was developed because of stringent laws curious contradiction of the humours. Common women were pertaining working with the human body. “In predominantly Christian Europe, the body was seen as sacred in many ways, and to mutilate a religiously condemned and socially shunned for sexual deviancy, human body through dissection was not only disrespectful, but also but public acceptance of the humours enabled prostitutes to sacrilegious. Therefore, dissections were only rarely performed—perhaps once or twice a year at the larger medical academies—and physicians’ exist within male dominated spaces in medieval English towns knowledge of the human body was limited to gross anatomy. This is where as an ironic necessity, as the challengers of virginity and the natural philosophy came in; what physicians could not observe, they had to infer.” N.M. Heckle, “Sex, Society, and Medieval Women.” http:// unlikely protectors of female chastity. www.library.rochester.edu/camelot/medsex/text.htm. In tales of courtly love, according to Dr. Derek Brewer, 3 Heckle, “Sex, Society, and Medieval Women.” women are “regarded as dominant, in contrast to women’s 4 James A. Brundage. “Prostitution in the Medieval Canon Law.” Signs, Vol. 1, no. 4 (Summer, 1976): 831. normally inferior social position, the aspiring lover her 5 Brundage, “Prostitution in the Medieval Canon Law,” 832. HOHONU Volume 8 2010 - 43 justified prostitution, which the Church vehemently disagreed James Brundage agree that both Church authorities and civic with but ultimately adapted to it because of public belief in the officials understood the contradictory need for prostitutes in theory. maintaining a good and chaste society. According to Brundage: The general attitude of the early church towards sex was Medieval society recognized prostitution as a necessary mixed. Almost every member, if not all of the early church evil. Sinful men, theologians held would corrupt respectable believed that prostitution was a sin and an abomination in the women—even their own wives—or turn to sodomy if they did eyes of God. Christian leaders like Augustine of Hippo and not have the prostitute as a sexual outlet: ‘remove the prostitute Saint Jerome promoted the opinion that sexual intercourse and you will destroy everything with lust’…Prostitution should be between couples united in marriage only. Augustine may be treated as a moral category…Or prostitution may be condemned prostitution and considered the creation of treated primarily as a legal category, a type of trade which has offspring to be “the only good excuse for such intercourse.”6 implications for public order and policy.10 Saint Jerome supported marriage and sexual intercourse Thus, it is a paradox that the medieval whore was not only between partners for pleasure. He worried, however, about part of maintaining social control in English urban centers, but the plight of fragile widows who might turn to prostitution that they were absolutely necessary in doing so. English streets for money after their husbands died. He reasoned that it was crowded by wandering males with a belly of ale, and a mind more “tolerable that a woman should marry again than that she full of lust, was not an alternative that most towns were willing should be a prostitute, and better that she should have a second to accept—no matter what the church decreed that towns husband than several paramours. The first alternative brings should do, prostitutes were need to satisfy this segment of the relief in a miserable plight, but the second involves a sin and its population. punishment.”7 Given that the opinions of the early medieval Public acceptance of the humours created a dilemma Christian fathers became the backbone of later medieval for church authorities because prostitution fell under civic thought, a great contradiction began to form, one where authority. The church essentially had to contend with civic marriage was necessary for intercourse to occur at all. And authorities in various towns and decide whether they would because of this, a natural conflict was born from the progressive conform to religious standards of prosecution or not.11 Even if assimilation of humour theory among common towns people, it was the expectation that every man and woman understand many of whom did not have wives or husbands to satisfy sexual the religiously moral teachings of the church, Dr. Norman desires. Tanner and Dr. Sethina Wilson argue: Medieval canonists who were challenged by conflicts of The distinction between explicit and implicit knowledge morality accepted prostitution as a necessary evil in maintaining could mean that Christians were bound to a surprisingly social order in growing urban centers. Common everyday minimal understanding of their religion. Innocent IV argued people of a medieval English town did not share the same that intelligent laypeople might seek to learn more, but there affixation to the rules of moral order laid out by the Church was no sin if they did not since it was sufcient for them to because “the laity did not always agree with the church’s devote themselves to good works.12 definition of sexual morality.”8 Due to thriving economic Often villages and towns only fined whores for practicing opportunity in English towns, migrants flooded into population their trade in town boundaries because to remove prostitution centers, creating a necessity for whores to fulfill the needs completely might be disastrous. The brothel was the “societal of those people unfortunate enough to remain spouseless. safety valve”13 in many English towns, serving a wide variety of Furthermore, rising male populations, and the fear that those clientele: peasants, aristocrats, and religious leaders—although men were seeking to rid themselves of their growing seminal humour, would have caused most growing towns to accept 10,000. By 1300 it expanded to over 80,000, but after famines and the Black Death it fell again to about 40,000. People moved to London the incursion of prostitution.9 Dr. Ruth Karras and Dr. from all over England to find work and better lives for their families. 6 Philip Schaff, Saint Augustine: Te Writings Against the Manichaeans and The wealthiest people lived in mansions, usually along the Strand close Against the Donatists, 18.65, “A Select Library of the Nicene and Post- to Westminster.” Museum of London. “What was life like in medieval Nicene Fathers of the Christian Church,” Internet on-line, available from London?” [Who lived there?]. http://www.museumoflondon.org.uk/ http://www.ccel.org/ccel/schaff/npnf104.i.html [25 September 2009] English/Learning/Learningonline/features/viking/viking_4.htm [24 7 Philip Schaff, Saint Jerome: Te Principal Works of St. Jerome, Letter October 2009]. CXXIII, To Ageruchia, 231.4, “A Select Library of the Nicene and Post- 10 Brundage, “Prostitution in the Medieval Cannon Law,” 826. Nicene Fathers of the Christian Church,” Internet on-line, available from 11 Ruth M. Karras, “The Regulation of Brothels in Later Medieval http://www.ccel.org/ccel/schaff/npnf104.i.html [25 September 2009] England,” Signs, Vol. 14, no. 2 (Winter 1989): 404. 8 Norman Tanner, Sethina Watson. “Least of the Laity: The Minimum 12 Norman Tanner, Sethina Watson, “Least of the Laity: The Minimum Requirements of a Medieval Christian.” Journal of Medieval History, 32 Requirements of a Medieval Christian,” 400. (2006): 412. 13 “Despite their recognition that prostitution was a necessary feature of 9 Population numbers fluctuated because of famine and the plague. Using society, the municipalities of continental Europe still paid lip service to London as an indicator of population figures in English urban centers, the Church’s ideals of sexual purity.” Karras, “The Regulation of Brothels the Museum of London states, “in 1066 London’s population was about in Later Medieval England,” 401. 44 - HOHONU Volume 8 2010 technically, religious leaders were not supposed to visit them, in male dominated medieval English society. Because good along with married men and Jews. Without the brothel and Christian women were expected to guard their virginity, streets the service of whores, the medieval man might turn his sexual full of sexually charged men looking to realize their desires needs to married women, good Christian women. Prostitutes, represented the greatest challenge to Church teachings against therefore, became essential participants in the Church’s quest sins of the flesh.17 Given that most medieval English urban to preserve the chastity of married women and the virginity of populations were unmarried Christian individuals, a moral sexually unfamiliar young ladies. debate ensued regarding the ability of sexual intercourse for Medieval prostitutes lived as women split between two that fragment of the population. Segments of the unmarried worlds: the unlikely wardens of virginity and the ambassadors population undoubtedly turned to activities like masturbation of sexual impurity. Medieval attitudes towards the chaste and to relieve sexual need. Further complicating the matter were the virtuous woman were created by romantic literature focused teachings of Saint Thomas Aquinas, who damned masturbation on promoting the concepts of courtly love and virginity, both as being a practice against natural law. Many people, therefore, of which were idealistic myths. In addressing these myths, Dr. turned to prostitutes because they did not have any moral outlet Derek Brewer remarks that the “lady is regarded as dominant, for their sexual humours. By occupying the minds of men in contrast to women’s normally inferior social position, the consumed with lust, whores became the sexual focus for men aspiring lover her servant.”14 Dominate but submissive females attempting to violate good Christian wives and daughters. The were echoes of Church belief: women should be strong in faith services of the prostitute, however, were ultimately a necessity and character, they should strive to marry in order to fulfill her because society was male dominated. duty as a noble woman, and she must be pure in virginity as the Medieval European women existed within the limits of example set by Mary. A woman’s virginity remained a complex patriarchal governance that firmly delegated their ability to issue in medieval England, and despite considerable Church move freely in their own society. Women were often confined support for marriage and virginity, some women possibly to spaces considered proper and acceptable in a male dominated scrutinized issues pertaining to virginity heavily.15 world. These spaces consisted of physical domains that women The finest literary example of a combatant attitude traversed, which might be “a house, village, or city quarter towards virginity comes from Te Canterbury Tales, by Geoffrey depending on her economic activity and her social class.”18 Chaucer. “The Wife of Bath’s Prologue,” although written by Inoculated to the spaces over years, medieval women were a man, contains interesting commentary on the way Church immersed in this system under control of their fathers, and cannon affected sexual attitudes. Chaucer crafts the Wife’s later, under the control of their husbands. Spaces were not speech around loopholes in scripture: “Please answer me…when exclusive habitations for men or women alone, rather, they were did [God] command virginity…a woman may be counseled simply physical places understood to be the domain of either to be pure, but counsel and commandment aren’t the same… males or females, but not restricted to either. For instance, for if God commanded virginity, then marriage he condemned women walked the busy town streets among men to shop for concurrently; and surely if no seed were ever sown, from where their household, but did so accompanied by other women then would virginity be grown?”16 Inferring that Chaucer’s because the outside was considered the space of men. Despite Wife represented a percentage of the English female population, being able to travel in male dominated physical spaces, women the ostensible purpose of her speech is to express the opinion were still noticeably differentiated by other methods: their space of this group. She is a direct challenge to chastity, calling for “could be confined by means other than simple geography: the end of hypocrisy in church doctrine that maintains women clothing, the way of walking, and even injunctions of speech must conform to marriage in order to be sexual at all. could regulate a woman’s access to physical space.”19 Whores, People relied on the humours to explain the natural desires who are undeniably the opposite of medieval utopian female for sex, concepts of virginity supported the need for whores ideals, challenged the established acceptance of physical spaces by existing in male dominated realms without feeling the strain 14 Derek Brewer, “Chivalry,” in A Companion to Chaucer, ed. Peter Brown, (Oxford, UK: Blackwell Publishers, 2000), 61. of maintaining behavior deemed acceptable by their patriarchal 15 “Religious authorities saw virginity as a way to salvation, a treasure to be locked away and promised only to the Divine Bridegroom, Christ. 17 Women had to contend with the many crimes against them being referred It was a way to keep the filth of earthly existence from soiling the soul, to as sins of the fesh. Even though “sins of the flesh were not all sexual in and allowed a woman to distance herself from the distractions of worldly nature, of course, but a woman’s sin was inevitably represented as such.” existence and hopefully, therefore, sin. Secular authorities, on the other Katherine L. Jansen, “Mary Magdalen and the Mendicants: The Preaching hand, saw virginity as something to be guarded and kept, but eventually of Penance in the Late Middle Ages,” Journal of Medieval History, 21 dispended in a legal and faithful marriage.” Heckle, “Sex, Society, and (1995): 19. Medieval Women.” 18 Barbara A. Hanawalt, “Medieval English Women in Rural and Urban 16 Geoffrey Chaucer, Te Canterbury Tales, Translated by Ronald L. Ecker Domestic Space,” Dumbarton Oaks Papers, Vol. 52 (1998): 19. and Eugene J. Crook, (Palatka, FL: Hodge & Braddock, Publishers, 19 Hanawalt, “Medieval English Women in Rural and Urban Domestic 1993), 155-156. Space,” 22. HOHONU Volume 8 2010 - 45 society. Prostitution allowed those women who worked in the themselves into a society of patriarchal control that believed it trade to have spaces of their own. could not survive without them. Civic regulations in medieval England were another way Medieval English literature, with its stories of courtly love for men to maintain control over prostitutes because they could and chivalry have become the ideas we equate with medieval do little to stop prostitution, and town authorities claimed English women. The truth, however, is much less appealing. regulations were needed to “keep sexually active women from Women were sexually oppressed and their ability to move freely threatening social order.”20 Working as both brothel women in their own society was minimal at the most. Thanks to the and as independent operators, prostitutes controlled their accepted cannon of the western Church, sex had to be within own trade and money. As members of taverns and brothels, the confines of marriage, and women were the greatest threat to prostitutes did experience some legal protection under male- marriage’s sanctity because of their ‘sexual nature.’ Ironically, centered urban regulations. A surviving example of these the women who were able to exist in the sexually oppressive civic regulations comes from Southwark in London. Written world of medieval England were the ones whose livelihood in 1162 CE during the rule of Henry II, the Southwark existed because of sex. Prostitutes relished public and religious regulations demanded that the owners of “stewholders[†] approval of humour theory because it made their services be men; they could be accompanied by their wives, but no necessary. Even though Church cannon firmly disapproved unmarried woman could keep a stewhouse.”21 Again, the of prostitution, acceptance of the humours created a sexual connections to marriage continue to persist—the theory is contradiction for the unmarried segments of the population. such that if a man cannot control sexuality, it might be better Prostitutes served as a method of sexual satisfaction for men to make it so women can practice the trade but not own it. looking to release sexual humours—which civic leaders believed Regardless of civic incursion, women’s activities outside of their was necessary to maintain social harmony because sexual need traditional spaces challenged male control, and men identified greatly endangered chaste society. For this reason, prostitutes their behavior with “tainted womanhood.”22 Nevertheless, became unlikely but necessary wardens of chastity, protecting whores maintained a decent amount of control over their trade, virginity by offering an alternative. Their trade offered an and in several instances women were fined for running brothels alternative to normal female existence. Whores could walk in London, proving that women were using their status as a city streets, drink in taverns, rent rooms for their business necessary sex source to run thriving business ventures. Since activities, and look men in the eye if they wished. By no some women who decided to work taverns were “at risk of means were prostitutes free in the way we understand freedom being pimped by their master and mistress,”23 many turned today. Nevertheless, these uniquely different women used to private practice, opting to rent space from people who had public acceptance of the humours to exist outside traditional rooms to spare. Understanding the need for prostitution, town boundaries within male dominated spaces in medieval English authorities did not actively attempt to “stamp out prostitution” towns, serving as the unlikely protectors of virginity and as a as the church would have liked, “but rather to control it as socially necessary sexual outlet. disorderly”24 and profit from it by imposing tax regulations on the trade.25 As a result, town regulations in medieval England sought to reap the monetary benefits that their conformity to Bibliography the humours provided, a conformity that whores used to wedge Ashley, Kathleen, and Robert L. A. Clark, eds. Medieval 20 Karras, “The Regulation of Brothels in Later Medieval England,” 406. † A term for brothel. Conduct. Minneapolis: University of Minnesota Press, 2001. 21 Karras, “The Regulation of Brothels in Later Medieval England,” 412. Benson, Larry D. Te Riverside Chaucer. New York: Houghton 22 Barbara Hanawalt, “The Host, the Law, and the Ambiguous Space of Medieval London Taverns,” in Medieval Crime and Social Control, Mifflin Co., 1987. ed. Barbara Hanawalt and David Wallace (Minneapolis: University of Boitani, Piero and Jill Mann, ed. Te Cambridge Companion Minnesota Press, 1998), 17. 23 Hanawalt, “Medieval English Women in Rural and Urban Domestic to Chaucer. Cambridge, UK: Cambridge University Press, Space,” 25. 2003. 24 Karras, “The Regulation of Brothels in Later Medieval England,” 412. 25 “The London government as a whole showed a greater interest in Boon, Marc. “State Power and Illicit Sexuality: The Persecution prosecuting these types of offences than is found in the provincial towns. of Sodomy in Late Medieval Bruges.” Journal of Medieval Letter Book I contains a (possibly incomplete) list of those convicted of immorality before the mayor between January 1400 and July 1439, History, Vol. 22, no. 2 (1996): 135-153. which features 69 cases, of which 66 are clearly convictions for sexual Brown, Peter, ed. A Companion to Chaucer. Oxford, UK: offences, involving both lay people and clerics. Of the 66, punishments are specified in 32 cases. There were six cases which clearly involved Blackwell Publishers, 2000. prostitution, procuring or other acts against public morality, and these Brundage, James A. “Juridical Space: Female Witnesses in Canon were punished by the civic authorities.” H Carrel, “Disputing Legal Law.” Dumbarton Oaks Papers, Vol. 52 (1998): 147-156. Privilege: Civic Relations with the Church in Late Medieval England,” Journal of Medieval History, 35 (2009): 290. 46 - HOHONU Volume 8 2010 ______. “Prostitution in the Medieval Canon Law.” Signs, Kelly, Kathleen C. Performing Virginity and Testing Chastity in the Vol. 1, no. 4 (Summer, 1976): 825-845. Middle Ages. New York: Routledge, 2000. ______. “Reply to Russ’s Comment.” Signs, Vol. 2, no. 4 Labarge, Margret W. A Medieval Miscellany. Canada: Mcgill- (Summer 1977): 923-924. Queen’s Univeristy Press, 1997. Bulfinch, Thomas. Te Age of Chivalry, Parts I & II. Boston: Lochrie, Karma, Peggy McCracken, and James A. Schultz, eds. Crosby, Nichols, and Company, 1859. Constructing Medieval Sexuality. Minneapolis: University of Carrel, H. “Disputing Legal Privilege: Civic Relations with the Minnesota Press, 1997. Church in Late Medieval England. Journal of Medieval Museum of London. “What was life like in medieval London?” History, 35 (2009): 279-296. [Who lived there?]. http://www.museumoflondon.org.uk/ Chaucer, Geoffrey. Te Canterbury Tales. Translated by Ronald English/Learning/Learningonline/features/viking/viking_4. L. Ecker and Eugene J. Crook. Palatka, FL: Hodge & htm. [24 October 2009] Braddock, Publishers, 1993. Russ, Joanna. “Comment on ‘Prostitution in Medieval Canon ______. Troilus and Criseyde. Translated by Nevill Coghill. Law,’ by James Brundage.” Signs, Vol. 2, no. 4 (Summer London, UK: Penguin Books, Ltd, 1971. 1997): 922-923. Corelis, Jon. “Roman Erotic Elegy: Selections from Tibullus, Schaff, Philip. “A Select Library of the Nicene and Post-Nicene Propertius, Ovid, and Sulpicia, translated, with an Fathers of the Christian Church.” Internet on-line. Available Introduction, Notes, and Glossary.” Internet on-line. from http://www.ccel.org/ccel/schaff/npnf104.i.html. Available from http://sites.google.com/site/romanelegy/. [1 [25 September 2009] October 2009] Sir Gawain and the Green Knight,. Internet on-line. Available Dinshaw, Carolyn. Chaucer’s Sexual Poetics. Madison: University from http://quod.lib.umich.edu/cgi/t/text/text- of Wisconsin Press, 1989. idx?c=cme;idno=Gawain. [25 September 2009] Evans, Ruth, and Lesley Johnson, eds. Feminist Readings in Tanner, Norman, Sethina Watson. “Least of the Laity: The Middle English Literature: Te Wife of Bath and All Her Sect. Minimum Requirements of a Medieval Christian.” Journal New York: Routledge, 2005. of Medieval History, 32 (2006): 395-423. Faraone, Christopher A., ed. Prostitutes and Courtesans in the Telechea, Jesus A. S. “Fama Publica, Infamy and Defamation: Ancient World. Madison: University of Wisconsin Press, Judicial Violence and Social Control of Crimes Against 2006. Sexual Morals in Medieval Castile.” Journal of Medieval Hanawalt, Barbara A. “Medieval English Women in Rural and History, 33 (2007): 398-413. Urban Domestic Space.” Dumbarton Oaks Papers, Vol. 52 Winer, Rebecca L. “Conscripting the Breast: Lactation, Slavery, (1998): 19-26. and Salvation in the Realms of Aragon and the Kingdom of Hanawalt, Barbara A., ed. Chaucer’s England: Literature in Majorca, c. 1250-1300. Historical Context. Minneapolis: University of Minnesota Press, 1992. Hanawalt, Barbara A., and David Wallace, eds. Medieval Crime and Social Control. Minneapolis: University of Minnesota Press, 1998. Heckle, N.M. “Sex, Society, and Medieval Women.” Internet on-line. Available from http://www.library.rochester.edu/ camelot/medsex/text.htm. [7 October 2009] Laiou, Angeliki E., ed. Consent and Coercion to Sex and Marriage in Ancient and Medieval Societes. Washington, D.C.: Dumbarton Oaks, 1993. Jansen, Katherine L. “Mary Magdalen and the Mendicants: The Preaching of Penance in the Late Middle Ages.” Journal of Medieval History, 21 (1995): 1-25. Jones, E.D. “The Medieval Layrwite: A Historical Note on Female Fornication.” Te English Historical Review, Vol. 107, no. 425 (October 1992): 945-953. Karras, Ruth M. “The Regulation of Brothels in Later Medieval England.” Signs, Vol. 14, no. 2 (Winter 1989): 399-433.
HOHONU Volume 8 2010 - 47 48 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
there which is very dry with little rain. This therefore makes Kūkulu Hou ‘Ia Ka Loko fishponds the ideal means of subsistence in the area. There is no documentation of who led the original building of the I‘a o Kō‘ie‘ie fishpond, but there are traditional mo‘olelo (oral history) about (Rebuilding Kō‘ie‘ie Fishpond) menehune (mythical race of people) building the wall in the 1400s. However, throughout the years, the original fishpond has been affected by erosion from wave action and other natural Roxie Sylva events such as hurricanes and earthquakes (National Register of PIPES Internship Historic Places Registration Form, 1990). Abstract In the 1500s, ‘Umi a Līloa, a High Chief of Hawai‘i Island, Kō‘ie‘ie Fishpond is located in Kalepolepo Park of Kīhei, also the District Chief of Kula, had the wall rebuilt. Shortly Maui. It is one of Maui’s 44 fishponds and, due to its condition, after the first rebuilding of the fishpond, Kō‘ie‘ie was later Kō‘ie‘ie Fishpond has the potential to be restored. In 1996, it renamed Kalepolepo, meaning “the dirt,” because the activities was designated as a historic place. Of those 44 fishponds, ten of over 10,000 people rebuilding the fishpond caused dust to are considered loko kuapā, fish ponds that are built on a reef. rise into the air. In the early to mid-1700s, Kekaulike, the mō‘ī Kō‘ie‘ie fishpond is one of the 44 loko kuapā that is about three (island chief) of Maui led the second effort of repair work at acres in size. It is unknown who lead the original building of the Kō‘ie‘ie. During the 1800s, Kamehameha I led the third effort fishpond, but since its destruction over time, many ali‘i (chiefs) of repair work on the fishpond. The most recent reconstruction have led restoration efforts toward rebuilding the fishpond. was in the 1840s under Governor Hoapili and a penal colony This fishpond was known for the raising of mullet and milkfish, from Kaho‘olawe (National Register, 1990). which served as sustenance for the people of that ahupua‘a Between AD 1500 and 1880, Kō‘ie‘ie Fishpond was an (land division): the Ka‘ono‘ulu ahupua‘a. This fishpond has economic resource that was important for its subsistence value been steadily uneconomically productive over the years due to to the people of the Kula District of Maui. Until the nineteenth the development in the area. Silt and limu (seaweed) have been century, Kō‘ie‘ie Fishpond was still utilized in raising and accumulating in the pond, the fishpond currently has more cultivating mullet. The fishpond serves as an example of the recreational value than traditional value, and it is no longer used technological achievements associated with the development of for sustenance. Therefore, the main purpose of this internship Hawaiian aquaculture (National Register, 1990). was to assist in the rebuilding of the Kō‘ie‘ie Fishpond. Besides In 1974, the pond was included in the Hawai‘i Register this, I conducted a telephone survey and created a brochure. of Historic Places Archaeological Registration Form: “This Water quality tests and beach profiles were also conducted. fishpond is not only a good representative of its type, but it is I assisted my partner in creating a video for advertising the one of the few remaining fishponds on Maui. This fact adds to restoration project and we were involved in a fundraiser for the its interpretive potential and increases the need for protection restoration project. Educationally, we supervised many summer of the site.” It was then removed from the register in 1980, due groups and informed them of the history and importance to technicalities involving owner notification. It finally became of the area. Culturally, we danced hula (Hawaiian form of redesignated as a historic place on the register in 1996 (National cultural dance) weekly and planted kalo (taro) and maintained Register, 1990). In 1998, ‘Ao‘ao o Nā Loko I‘a o Maui (the it. The future goals of this restoration project are to continue Association of the Fishponds of Maui) was created. This group maintenance of the fishpond and use the area for educational oversees fishpond restoration projects on Maui. purposes. Description Introduction Kō‘ie‘ie Fishpond is located on a fringing coral reef, along the shoreline of Ka‘ono‘ulu Ahupua‘a (also known as Kula Kai), History a 5,715 acre ahupua‘a. Kō‘ie‘ie Fishpond is the smallest and In the heart of Kīhei, Maui lies a historic landmark called northernmost of three documented ponds that were present Kō‘ie‘ie Fishpond (also named Ka‘ono‘ulu Kai and Kalepolepo), in Kula Kai (refer to Images 1 & 2). It is a loko kuapā type of located in Kalepolepo Park. The Kīhei area is best suitable fishpond, where the reef provides protection from wave action. for aquaculture instead of agriculture because of the climate This type of fishpond contains brackish water as the sea water HOHONU Volume 8 2010 - 49 mixes with fresh water springs or nearby streams. For Kō‘ie‘ie • The area was visited by Kamehameha III, IV, and V Fishpond, previous freshwater input came from the original between 1850 and 1870 wetlands above the fishpond. However those wetlands no longer exist due to development in the area. This type of fishpond is a National Register, 1990 rock wall that is built higher than the highest tide of the year. Fishponds in the ancient days were a means of subsistence. It consists of round basalt boulders, coral, and pebble fill, and It is an aquacultural structure that is designed and built usually contains one or more mākāhā (sluice grates). These for purposes of raising fish and other aquatic resources. In sluice grates contain vertical slates that allow small fish to enter order for the future to be sustained with food, it is very the pond and prevent the larger fish from exiting (Te Maui important to bring back the ancient ways of sustainability and Fishpond Association). Kō‘ie‘ie Fishpond is considered to be management. Thus, the future generations can also benefit from of fair to poor condition and has the potential to be restored the rebuilding of the fishpond. Rebuilding the fishpond will (National Register, 1990). allow the area to be replenished with fishes and other marine From the deforestation activities that occurred upcountry, organisms, as we have seen an increase of organisms in the the pond was filled with silt. This was during the late nineteenth fishpond over the years. Rebuilding the fishpond will give us the century and caused a decrease in the original size of the pond opportunity to use the site as a reference point, where the past (National Register, 1990). As of today, current measurements and the present can be brought together and be compared. are as follows: the fishpond wall is about 295 meters in length, Recent studies in fishpond dynamics have demonstrated five meters wide, and two meters in height. The depth of the the economic benefits of understanding traditional fishpond fishpond ranges from two to seven feet. The fishpond encloses technology and its application to modern aquaculture an area of about three acres. During minus and low tide, most management. The economic, political, and religious importance of the wall is visible; during high tide, the center portion, which of aquaculture to the Hawaiian culture is well-represented in still needs to be restored, of the wall is submerged. the history and setting of Kō‘ie‘ie Fishpond. The presence of the Currently, the beach area at the northern end of Kalepole- many ali‘i at the fishpond indicates that the pond was royal; in po Park is owned by Maui County. The site is a popular fishing that its produce was the property of the high chief. The political and swimming area, and a portion of the shoreline serves as a and religious importance of the fishpond was indicated by the base for the National Oceanic and Atmospheric Administra- presence of two heiau (place of worship) inland of the ponds: tion (NOAA) Hawaiian Islands Humpback Whale Sanctuary Kala‘ihi and Ke‘alalīpoa (National Register, 1990). (HIHWS). There is very high potential for the restoration of the pond because of its historic and archival significance. Through Importance the efforts of ‘Ao‘ao o Nā Loko I‘a o Maui, the fishpond has Kō‘ie‘ie Fishpond holds great importance traditionally been able to be rebuilt, however, without enough funding, and culturally as seen through mo‘olelo and ali‘i presence and production is sporadic. The area currently provides public other prominent Native Hawaiian figures in Hawai‘i’s history. education, and will serve this purpose throughout the future. One well-known figure to impact Kō‘ie‘ie was David Malo, a One of the main ideas it teaches is traditional aquaculture Native Hawaiian historian. In 1843, he established a Christian as a means of subsistence. Future threats of rebuilding the Congregationalist Church (National Register, 1990). Some Kō‘ie‘ie Fishpond still include natural events such as erosion mo‘olelo tell of the menehune who built the wall and Kīkau (a from wave action and earthquakes. The wall has to be built as kilokilo or divining priest), who was skilled in communicating strong as possible without machinery so it will be able to with with the menehune. Other mo‘olelo talk of Mokuhinia, the mo‘o stand the pounding waves and rising tides over time. Regular (gecko) deity that visited the area when a son of Kekūanao‘a, maintenance is needed for the fishpond to once again become Lot Kapuāiwa Kamehameha, passed away (Ka Po‘e Kahiko: Te sustainable. People of Old, 83). This loko kuapā was mainly reserved for the ali‘i and was visited frequently by several high ranking ali‘i: Methods • Kahekili II, a mō‘ī of Maui, used the fishpond as a food Before conducting activities at the Kō’ie’ie Fishpond, we source during the late 1700s (the restoration crew) participated in protocol. An oli (chant) • Kekūāiwa, the child of Kamehameha I and Kaheiheimālie, named “He Mele No Kō‘ie‘ie” was created for this fishpond died in the area in 1815 by Luana Kawa‘a (refer to Fig. 2). Every morning before we • Hapakuka Hewahewa lived and had local control there started work on the wall we chanted this oli. In rebuilding the until he died in 1848 Kō‘ie‘ie Fishpond, one of the things we did was gather ‘ili‘ili (coral rubble and small rocks) into buckets and poured them
50 - HOHONU Volume 8 2010 on top of the wall; this served as a cement, which filled the gaps discussed in more detail in the “Results and Discussion” between the larger rocks and made the wall stronger. We also section) were dancing hula weekly (to be performed at the end stacked rocks into piles, then moved those piles through a train of the summer potluck for our visitors and resident’s in the of people, to be stacked onto the rock-wall. To conduct these area), planting kalo to create a lo‘i (taro patch), landscaping tasks, the proper equipment is needed: tabis, gloves, back-brace, the park and the NOAA HIHWS area twice a month, and long sleeve shirt, shovels, and buckets. Tabis and gloves protect daily removing of limu from the shoreline. We also assisted against certain marine life, such as wana (sea urchin), shells, in building a storage shed for our equipment and weekly and fire-worms. Long sleeve shirts help protect against scratches supervised many summer groups of children in elementary to and cuts when grabbing rocks, and it helps protect against fire- high school. The projects my partner and I worked on alongside worms. the staff at the NOAA HIHWS were conducting weekly As a part of ‘Ao’ao o Nā Loko I‘a o Maui, we wanted to water quality tests to monitor bacteria in the pond, monthly know, through a random telephone survey, how well aware examining zooplankton, and monthly conducting a beach the Maui residents were about our restoration project. In profile. conducting the telephone surveys, I went through the Maui phone book and randomly selected households. I followed Results and Discussion a questionnaire that took about two minutes to complete For the main project during this internship, which lasted (refer to Fig. 3). The questionnaire asked people about the ten weeks, rebuilding the Kō‘ie‘ie Fishpond, about eighty feet Hawaiian culture, preservation of Maui’s fishponds, if they had was added to the wall in that short amount of time. However, heard of the restoration project at Kō‘ie‘ie, and if they wanted with the daily tides and waves, the wall would fall apart in information about the fishpond and/or the project itself. certain areas, in which we would spend additional time fixing The results of the survey could also help gain funding for the those areas before we could move on to continue rebuilding restoration project. other parts of the wall. Another project I conducted was creating a brochure Conducting the telephone survey (refer to Fig. 3) was very about Kō‘ie‘ie Fishpond, which will be handed out to visitors difficult and required much patience. Of course no one wants of the area. This brochure focuses on Hawaiian values that can to participate in a telephone survey, so I got many negative be exercised at Kō‘ie‘ie Fishpond and/or other cultural sites comments. However, I did get the information I needed to throughout Hawai‘i. The brochure includes simple ideas, such complete the survey. The first telephone survey was conducted as mālama (take care), kōkua (help), maka‘ala (safety), laulima in the year 2002. In that survey, 350 people participated. In the (cooperation), mahalo (respect), and kuleana (responsibility). year 2009 telephone survey, 150 people participated. I called It also includes reasons why the fishpond is special and why it’s 250 people: 150 people took the survey, and the other one important to respect the values there. hundred people were not interested in taking the survey. There In order for the restoration process to continue, I assisted were many households that did not accept blocked calls, and a my partner in creating a few videos of the fishpond to hopefully lot that did not answer (which could have been because I was be broadcasted on Maui’s Akakū channel (#54). Our mentor conducting the survey during working hours). After completing chose one of these videos, which will serve as an advertisement the survey, I compared my results with the results of the first for the fishpond, informing Maui resident’s of the restoration survey (refer to Fig. 1). project at Kō‘ie‘ie Fishpond and when and/or how they can contribute to the rebuilding of the fishpond. In carrying out this method, the association borrowed video equipment from Akakū. My partner and I helped Joylynn Paman (our mentor and the association’s executive director) with conducting a fundraiser for the fishpond. We have participated in Kamehameha Golf Course’s “Closest to the Hole” competition on Maui, with the purpose of raising money for the restoration project. It was a day-long event where we informed golfers of our nonprofit organization. We measured the distance of participants’ golf balls from the hole, and the winner would be the person whose ball was closest to the hole. Other miscellaneous projects we did (which will be
HOHONU Volume 8 2010 - 51 Figure 1. The graphs respond to the ‘Ao‘ao o Nā Loko I‘a o Maui Telephone Survey.
52 - HOHONU Volume 8 2010 In comparing the first survey’s results to my results, more gather ‘ili‘ili into buckets and pass those buckets to the stacking people agreed to question 1 and 2: 1) that the Hawaiian area. Culture should be preserved and 2) that Native Hawaiian The water quality tests had to be postponed for a while fishponds on Maui should be preserved for Hawaiian culture because we used Menehune Water Co. water. This water is and education purposes. More people said yes for question 3 ozonated, meaning that it kills bacteria; therefore, killing the and 5: 3) if they were aware of the Kō‘ie‘ie Fishpond restoration bacteria we were testing for. The purpose of conducting the project and 5) if they had heard of the nonprofit, ‘Ao‘ao o Nā water quality tests was to find out if fecal bacteria was present. Loko I‘a o Maui; yet, the majority said they did not agree in There were a hundred counts of fecal bacteria in the fishpond both. In question 4, more people had a favorable impression of at one time, but not during our study there. This bacteria was the fishpond restoration project. In question 6, less people said tested in the lab and presence of the bacteria was identified by a yes for more information on the Kō‘ie‘ie Fishpond restoration fluorescence color. project. Also, more females participated this year. My partner and I also assisted the NOAA HIHWS in As stated earlier, the results of the surveys help to gain examining zooplankton. The water quality test samples were funding for the restoration project. For example, the results for also used in this method, however, here we observed the questions 3 and 5 showed that currently, more people are aware, bacteria under a microscope to identify certain the types and however, the majority is not aware. According to these results, counted their abundance. The main zooplankton that we were we need to advertise more to reach those whom are unaware of looking for was not present in the fishpond, which is very good the restoration project. information because it was a harmful bacteria. The brochure has been completed since my departure from Since the beach profiles were only conducted once the internship in Maui, and is currently in the printing process. a month, the only trends we saw were through natural My partner and I made a substantial amount of money for the observation of the shoreline; in which the wind would association during the golf fundraiser because of participation accumulate the sand into dunes, and the ocean would recede in the competition, where participants paid a fee. The hula we to the sand. Generally, all the projects (big and small) were learned could not be used for the end of the summer potluck successful in that my partner and I learned from the experiences because of time restraint. The lo‘i we created was watered and and could create conclusions based off of them. For future maintained daily. goals, continual maintenance needs to be conducted so the Due to the formation of the current fishpond (the opening purpose of rebuilding the fishpond (cultural and educational on the North side of the wall), limu accumulates daily in the purposes) can be fulfilled. pond; therefore we gathered the limu and placed it offshore. It is important to do this not only because it is an eyesore and creates a stench when the tide goes down, but also because of its marine importance. Since the fishpond is surrounded by residential and commercial areas, many extra nutrients (nitrogen, phosphorus, and bacteria) are added into the water, this therefore creates more limu; which is not a problem, unless there is enough herbivorous fish to eat it. The limu then smother coral reefs, which will eventually cause a decline in coral abundance of the area. For days when the weather was unfavorable for rebuilding the wall (high tide, strong wind or rain), we spent the afternoon landscaping the park area and the NOAA HIHWS area. At the start of the internship, there was no storage room on site for the equipment. Later in the internship, the association bought a storage shed; which we all assisted in building. Throughout the internship there were many summer groups of children that assisted in rebuilding the fishpond. On days when we supervised those groups, they were split into smaller groups in which they could spread out to find rocks, then pass and place them into a pile, where the piles could be later passed to the rock wall for stacking. Other groups would
HOHONU Volume 8 2010 - 53 Image 1. (National Register, 1990) Image 2. (National Register, 1990)
Figure 2. (Luana Kawa‘a, 2005) Calm and serene is Maui in the gently wafting breeze A wind made fragrant by scent of līpoa He Mele No Kō‘ie‘ie Ka‘ono‘ulu in the tranquility of Kula
Mālie ‘o Maui i ke aheahe makani ‘o Haleakalā, A calm sea, a refreshing sea, a sea streaked by various colors
He makani onaona i ke ‘ala līpoa The sea consecrated to the God Kanaloa
‘O Ka‘ono‘ulu la i ka ‘āina ‘o Kula la‘i e, ie, ie Lined are the sides of the fishpond,
He kai mālino, kai ‘olu‘olu, kai mā‘oki‘oki lā The sides of the kuapā are aligned
He kai kapu a Kanaloa By the stones passed hand to hand, stirring up the dirt of
Kū lālani nā ‘ao‘ao o ke kuapā, Kalepolepo
I nā pōhaku hō‘eu‘eu i ka lepo o Kalepolepo lā e The ‘ie vines are firmly fastened, the ‘ie vines gathered in the
Wili ‘ia ko ‘ie a pa‘a, ko ‘ie‘ie ‘o ka uka uplands
Eia ka loko i‘a kapu a nā ali‘i, nā ali‘i kaulana, wiwo‘ole lā Here is the sacred fishpond of the royals, the famous royal,
Nā ali‘i pio‘ole the brave
Pi‘i a‘e ke kapu, ka welo ali‘i ‘o Maui nui a Kama The royal ones who live on, inextinguishable
E komo mai e nā hoa, nā kūkulu, nā paepae e Their sacred status is elevated, the royal heritage of Maui
E komo mai, e hānai ai a hewa ka waha Nui a Kama
Eia no ka uku la, a he leo, he leo wale nō e Enter, friends, builders, supporters Enter and feed until the mouth can take no more Here is the fee, a voice, a simple voice.
54 - HOHONU Volume 8 2010 Figure 3. ‘Ao‘ao o Nā Loko I‘a o Maui Telephone Survey Acknowledgements Aloha, my name is______, and I’m calling from a ‘Ao‘ao o Nā Loko I‘a o Maui President Uncle Bully Kimokea nonprofit organization on Maui. We are doing a quick survey to Kapahalehua and Executive Director Joylynn Paman. get a better understanding of our community in relation to our Kō‘ie‘ie Fishpond restoration crew: Uncle Vene (Wayne), project and we would like to ask for two minutes of your time Laurian, and Kelson Kihe. to complete this survey. National Oceanic and Atmospheric Administration (NOAA) 1. Do you agree or disagree that the Hawaiian Culture Hawaiian Islands Humpback Whale Sanctuary (HIHWS): should be preserved? Jerry, Nicole and Alastair Hebard. • Agree Pacific Internships Program for Exploring Science staff (Sharon • Disagree Zeigler-Chong, Ulu Ching, & Noelani Puniwai), partner • Neutral (Arik Dadez) & fellow-interns. 2. Do you agree or disagree that Native Hawaiian fishponds on Maui should be preserved for Hawaiian culture and Works Cited education purposes? Kamakau, Samuel M. Ka Po‘e Kahiko: Te People of Old. • Agree Honolulu: Bishop Museum Press, 1964. • Disagree Kawa‘a Luana. He Mele No Kō‘ie‘ie. 2005 • Neutral Te Maui Fishpond Association. 2004. ‘Ao‘ao o Nā Loko I‘a o 3. Are you aware of the Kō‘ie‘ie Fishpond restoration project Maui. June 2009
HOHONU Volume 8 2010 - 55 56 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
examine the juvenile justice system in San Francisco, California, Racial Disparities in the as a case study for a critique of post-race America. Within the juvenile justice system in the city San San Francisco Juvenile Francisco, there is an alarming disparity between the rates of st incarceration for black and white youth. The greater population Justice System: A 21 of San Francisco is 7.8% black and 49.6% white, according to the 2000 United States Census. Meanwhile, according to the Century Injustice September, 2009 report of the Juvenile Probation Department, Tai Tokeshi the population of incarcerated youth currently in Juvenile English 202 Hall is 50.9% black, and 6.6% white. This indicates that it is roughly 50 times more likely for black youth in San Francisco th One of the seminal events of the 20 century was the to be incarcerated than white youth. American Civil Rights movement. Dr. Martin Luther King’s The ramifications for such an imbalance in incarceration timeless “I Have A Dream” speech, the grace of Rosa Parks, rates are significant. Youth who are involved in the juvenile and the images of black students integrating schools under the justice system are five times more likely than their peers to be watchful protection of armed soldiers are all etched into our arrested again as young adults (ages 17-25), and seven times nation’s collective consciousness, and rightfully so. The overt more likely to become dependent on welfare (Youth Transitions injustices of Jim Crow and the ugly legacy of slavery were Funder’s Group). Incarcerated youth are also removed from left behind in ten tumultuous years, a relatively brief period their peers in school and can become institutionalized, or of time given the gross inequities of the previous hundred adjusted to living in custody. Incarceration is also a primary fifty. For Americans of the Baby Boomer generation, it was manner in which poverty is passed in cycles from generation to easy to envision a steady march towards Dr. King’s dream. generation; the children of incarcerated parents are five times However, in 2009, the progress of the Civil Rights movement more likely than their peers to end up behind bars (Simmons). is difficult to ascertain. While the election of Barack Obama Why then, is it far more likely for black youth in San marked a historic first, race relations in America have reached Francisco to find themselves in juvenile hall than white youth? an impasse. With the elimination of affirmative action and The answer is multi-faceted: three crucial contributing factors many government welfare programs, it is now less acceptable are neighborhood demographics and entrenched conditions to utilize race as a point of departure in government policy of poverty, the presence of risk in the lives of youth, and making, as well as in the discourse of the mainstream media. institutionalized racism found in the juvenile justice system. An examination of current socioeconomic indicators, however, In tracing the history of African Americans in San suggests that minorities continue to trend firmly behind whites. Francisco, one must go back to World War II, when thousands There has been a premature rush to move beyond race as a of blacks migrated from the South to find work in the city’s society—in this politically correct haste, the spirit of justice, Naval Shipyard, located in Hunter’s Point. As the shipyard recognition, and equality that the Civil Rights movement flourished in the 1950s, the area became a vibrant working and other minority power struggles embodied, have been class community flush with black owned small businesses, abandoned. San Francisco was 20% African-American (McCormack). According to a 2008 National Urban League report, the Because of increasing property values tied to the dot-com poverty rate among Blacks in America was twice that of the boom of the 1990s and into the 21st century, middle class black overall rate, and four times that of whites (National Urban families were forced out of the city and into less expensive League). As of 1997, black students were twice as likely as suburbs. Those that stayed often did so not out of choice but white students to drop out of high school (Mid-Atlantic Equity out of dependence on public housing and welfare. While San Consortium). Perhaps most disturbingly, blacks were over six Francisco as a whole became more affluent, the poverty rate for times more likely to be incarcerated than whites (Prison Policy blacks in San Francisco increased to three times that of the rest Initiative). The trend among socioeconomic indicators is that of the city. In the 1990s alone, the city lost more than 1 in 7 there clearly continues to be a significant gap in the standard black residents—the highest rate of decline of the nation’s 50 of living between white and black America. This paper will most populous cities (McCormack, “Census”). San Francisco
HOHONU Volume 8 2010 - 57 is now 7% African American. The only neighborhood in San for Youth). There are also unequal sentencing structures in Francisco which is populated primarily by African Americans, place in many jurisdictions which disproportionately punish according to the City of San Francisco demographic profile, is youth of color. Two examples of unequal sentencing measures Hunter’s Point (Mayor’s Office on Community Development). are mandatory minimum sentences for drug offenses, which are Hunter’s Point represents an anomaly in a city with one more likely to be committed by black than white youth, and of the highest costs of living in the country. Located in the harsher penalties for gang offenders who are primarily youths of geographically isolated southeast corner of San Francisco, it color. These instances of systemic inequality found within the was cited in a 2004 San Francisco Chronicle article as being juvenile justice system led the Annie E. Casey Foundation to beset with “violent crime, drugs, slum housing, a dearth conclude that “African American and Latino/a youth experience of grocery stores, a lack of political clout...and industrial stereotyping and consequent discrimination at every step of the pollutants” (McCormack). The relative isolation of Hunter’s intake and adjudication process, including disproportionate Point contributes to its high unemployment rate, which in turn arrest…harmful labeling, and disparate risk determinations” has led to many families becoming completely dependent on (Race Matters). public assistance (McCormack). These neighborhood attributes The combined forces of living in neighborhoods of high constitute the conditions which amount to a higher presence of crime and risk, dependence on public housing and assistance, risk in the lives of its youth. and institutionalized racism found in policing and sentencing, Risk factors such as household welfare states, poverty, have created the conditions that have resulted in black youth family disruption, and parent criminality, as stated in result in being incarcerated at a rate of fifty times their white peers in a report prepared for the Oklahoma Office of Juvenile Affairs, San Francisco. These conditions, left unchecked, amount to a result in a higher rate of incarceration for youth (Charish, systemic oppression of these young people. Davis, and Damphousse 13). Furthermore, “as the number of With such a disproportionate amount of African American families evidencing family risk factors increases or decreases youth incarcerated in San Francisco, one might expect a critical within a neighborhood, the neighborhood itself can mitigate for mass of outrage coming from one of the most liberal and or against the occurrence of juvenile crime… The strength of progressive regions of the country: there is currently no such the relationship between neighborhood residency and crime has call for justice. In fact, the only substantive debate regarding been shown to be dependent on: (1) the proportion of families juvenile justice being held in the mainstream media or in in a neighborhood having family risk factors; and, (2) the ability political circles is under which circumstances juveniles should and empowerment of adults in a neighborhood to influence be tried as adults. The silence is deafening, particularly when their living conditions, including the behavior of neighborhood one considers that the youth involved in the juvenile justice adolescents” (Charish, Davis, and Damphousse 17). Hunter’s system become far more likely to fall into poverty, or become Point carries all of the requisite attributes of a neighborhood incarcerated as adults. Given the history of racial injustice in in high risk; therefore, the fact that its youth are arrested and America, this is an unacceptable trend. incarcerated at a higher rate than the rest of San Francisco can Why then, is race being largely ignored as an important be seen as an expected outcome. issue within the juvenile justice system, and in a wider context, Compounding these factors is the presence of the entire contemporary American sociopolitical discourse? The institutionalized racism within the juvenile justice system. answer may be found in the fact that race, as conceived through These prejudices occur from the moment a police officer makes any critical lens, is a communal issue. American society focuses contact with a juvenile. Charish, Davis, and Damphousse on the individual as the primary entity of importance. Since found that “white youth were more likely than minority it is no longer written into law that blacks and whites are to youth to be informally dispositioned by immediate release or be segregated or treated differently, many people consider diversion. They found that officers based their decisions on a any discussion of race to be outside their personal sphere of number of legal and extralegal factors, including stereotypical concern. This common attitude is summarized in the Annie E. beliefs about minority racial groups” (18). Once in the court Casey foundation’s publication, ‘Race Matters’: “To the extent system, there is a vast discrepancy in the quality of legal that racial inequality exists, then, it is a by-product of the representation given to the youth. Those who come from inability/unwillingness of individuals to properly adhere to basic families in poverty, or broken families, receive only the minimal American values like hard-work and personal responsibility” level of counsel provided by a public defender. This disparity (Race Matters). is reflected in sentencing: “for youths charged with violent This attitude, however, presupposes an equal playing field, offenses, the national average length of incarceration is 193 days that everyone born in America, regardless of race and class, for whites, and 254 for African-Americans” (Building Blocks has an equal chance to accomplish what they may in life. It
58 - HOHONU Volume 8 2010 ignores centuries of overt racism and oppression that led many risk, a greater investment in public education and community black Americans from slavery, and dismisses the overwhelming development is crucial. Role models and supportive figures statistical evidence that black America continues to live at in the lives of these youth must recognize the potential a standard far below their white peers. It also dismisses the dangers associated with growing up in conditions of risk, viewpoint of many African Americans who feel the weight of and must provide added support and structure in a culturally racial disparities on a daily basis, a perspective eloquently stated competent manner. People should not avoid poverty stricken in Maud Sutter’s poem, “As A Black Woman”: “As a black neighborhoods or merely conceive of them as unsafe areas, but woman, every act is a personal act / Every act is a political act” should contribute time and energy towards improving them. (Sutter). Finally, advocates for social justice must win back the language Therefore, at this point in American history, with historical of political discourse, meaning, issues such as race and class oppression and institutionalized imbalances left unaddressed, must be openly discussed and acknowledged. it is not only disingenuous, but an unconcealed injustice to Ultimately this requires a more communal mindset remove race from any sector of society, especially one such as and a willingness of people to invest in the legacy of the the juvenile justice system—a justice system that holds so much Civil Rights era, as well a vision for what the future might influence over our future. The current level of discourse which hold. In particular, the generation of Americans born advocates a “post-racial” view of America leaves a multitude after the Civil Rights era cannot be satisfied to sit idly as of inequalities left to fester, which will ultimately manifest disengaged individuals. Without bold and decisive action, the in continued tension along race and class lines. It will also institutionalized and internalized levers of oppression take manifest in the cycle of incarceration, broken families, and further hold. Issues of social justice must be owned by the very poverty being passed along from generation to generation in the people whose lives they impact, and since every citizen has an poorest neighborhoods of America, such as Hunter’s Point. investment in their country, it is imperative that every American A more appropriate form of discourse would take into continue to push towards a more equitable and just society. To account both historical and contemporary circumstances. It quote the former President of the Southern Poverty Law Center, must be the voice of individuals who are not clamoring for their Julian Bond: “Civil rights didn’t begin in Montgomery, and it own self-interests, the voice of a society concerned with how didn’t end in the 1960s. It continues on to this very minute.” best to move forward in a manner befitting the loftiest ideals And indeed to actively and compassionately address of our nation. Such discourse cannot be afraid to tell the truth racial inequality as it exists in the 21st century, in areas such about where we stand as a nation, and where we may stagnate as the juvenile justice system in not only San Francisco but until the following is acknowledged: that race matters, to our throughout America, is to properly pay homage to the great history, and to our future, not necessarily as a source of conflict, honor and struggle of the Civil Rights movement. In embracing shame, or pride, but as a crucial and fundamental characteristic the responsibility of fighting for social justice, we connect the of American life. If race is addressed in an honest and rational difficult, but also heroic and beautiful, history of America, with manner, it can be used to cultivate a greater sense of empathy, a vision for a more hopeful and equitable future. ethics, and community in civic life. It is undoubtedly our responsibility as a society, especially given the specific events Works Cited which have led us to this point in history, to create the conditions which will allow us to arrive at a place of justice, and Building Blocks for Youth. Fact Sheet: Punitive Policies Hit Youth peace, for all American citizens. of Color the Hardest. http://www.buildingblocksforyouth. In the context of the juvenile justice system in San org/issues/dmc/facts_yoc.html Francisco, the following actions should be taken preemptively. City and County of San Francisco Juvenile Probation Police and probation officers should be made aware of the Department. Monthly Report for September 2009. San continuing disparity in arrest rates amongst juveniles, and Francisco: Juvenile Probation Department, 2009. should take steps to ensure that the conditions of poverty Charish, Courtney, Davis, Sebastian, Damphousse, Kelly. and neighborhood risk are not punished blindly. Youth who Race/Ethnicity and Gender Efects on Juvenile Justice are growing up under higher circumstances of risk must be System Processing. Oklahoma Office of Juvenile Affairs, provided with resources and opportunities before they become 2004. Mayor’s Office on Community Development. San involved with the juvenile justice system. Juveniles who do Francisco Demographic Profle. http://www.sfgov.org/site/ enter the court system should be treated with compassion, uploadedfiles/mocd/demoprofile.pdf opportunities for rehabilitation, and full freedom over their lives McCormack, Erin and Holding, Reynolds. “Too Young to Die.” being an ultimate goal. In neighborhoods of high poverty and
HOHONU Volume 8 2010 - 59 San Francisco Chronicle 3 October 2004: A16. McCormack, Erin. “Census Shows Black Population Plummeting in Last Decade in S.F.” San Francisco Chronicle 17 June 2001: A1. The Mid-Atlantic Equity Consortium. National Statistics on Education and Equity Issues.http://www.maec.org/natstats. html#dropout National Organization for Women. Te Origins of Afrmative Action.http://www.now.org/nnt/08-95/affirmhs.html National Urban League. 2007 Census Poverty & Income Data. http://www.nul.org/sites/default/files/2007%20Poverty- Income%20Statistics.pdf Prison Policy Initiative. U.S. Incarceration Rates by Race. http:// www.prisonpolicy.org/graphs/raceinc.html Race Matters. How to Talk About Race. The Annie E. Casey Foundation, 2006. http://www.aecf.org/upload/ publicationfiles/howtotalkaboutrace.pdf. San Francisco Area Demographics Resources. 2000 U.S. Census San Francisco Data. http://sanfrancisco.areaconnect.com/ statistics.htm Simmons, Dr. Charlene Wear. “Children of Incarcerated Parents.” California Research Bureau 7.2 (2000). Sutter, Maud. “As A Black Woman.” A Map of Hope Anthology. Agosin, Marjorie, ed. New Brunswick, NJ: Rutgers University Press, 1998. Youth Transitions Funder’s Group. What Happens to Court Involved Youth. http://www.ytfg.org/MediaRoomJourn- alistIdeas.html
60 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
(Yau, 2007, para.8). The colonial rule then divided the Chinese Te Chinese Minority in into two groups known as Totok and Peranakan (Suryadinata, 2001, p.502). According to Suryadinata (2001), the first group Indonesia refers to those who migrated from China to the colony and had Felix Da Silva no marital contact with the locals while the later were those ESL 100 who were born in East Indie to a Chinese father or by a Chinese mother to her indigenous husband (p.502-503). This essay will The financial crisis in 1997 devastated the economy of simply refer to the groups as Chinese, since both Totok and Southeast Asian countries, causing a slump in their currencies Peranakan have interchangeably played important roles in the and the devaluation of stock markets. Indonesia was one of Indonesian economy, ever since the Dutch colonial era. the several countries in Southeast Asia that was hit hard by the For the most part, the Chinese had such a strong crisis. The inflation of the Indonesian rupiah and the sharp economic position that they could not be disregarded even increase in prices triggered a widespread riot in the capital by Dutch colonial rule. Kahin (1946) stated that in order to city of Jakarta forcing President Suharto to step down after facilitate the trade with the local indigenous people, the Dutch he had been in power for more than 30 years. Though many depended largely on the middlemen and retailers, whose Indonesians suffered from the country’s economic breakdown, jobs were occupied by the Chinese (p. 327). Being aware of the Chinese minority group was the most affected group of their importance to the trade, the Dutch granted the Chinese all people in Indonesian urban areas who became the target of not only political privileges, but also extensive economic violence for the sole reason that many of them were controlling rights, which later become a burden on local commerce to an businesses, both at the local and national economic levels. The irreparable level despite a later gradual adjustment and finally Chinese minority has actively been involved in the Indonesian abolishment (Kahin, 1946, p.327). One of the economic economy since the early establishment of the Republic, albeit, privileges was the monopoly lease system known in Dutch as facing various political and racial discriminations from time to Pachtstelsel, by which the Chinese were granted authority to time. lease large areas of land in Java (Kahin, 1946, p.327). Kahin The Chinese ethnic minority is one of several minority (1946) argues that the system brought suffering to the native groups in Indonesia that has maintained its presence in the population, due to the fact that after the payment for the archipelago since before the Dutch arrived. According to Wirth lease to the Dutch, the Chinese, aware of the Dutch support, (1941), the concept “minority” refers to a group of people exploited profits from the locals as much as they could (p.327). or individuals who regard themselves as not being part of a The situation at some point forced the peasant natives to larger group, and because of their physical, social, and cultural depend on the Chinese who had control on the local agriculture exclusiveness, they are treated differently from others (p.415). in the so-called “debtor-creditor relationship” (Kahin, 1946, The ethnic Chinese in Indonesia can be grouped into this p.327). category, as their Chinese heritage and traditions differentiate The Chinese economic control continued to grow after them from the majority of Indonesians. However, the different the Independence of Indonesia in 1945. Besides the hard treatment that was given to this group of people has been effort and political battle to find their identity in Indonesian varied. From privileges and favorable government policy to nation-building, the Chinese were involved in a relatively large discrimination and political persecution, the ethnic Chinese percentage of the country’s business and trade. Siregar (1969) have been categorized as the one of the controversial minority noted that in the province of North Sumatra, thirty-four groups in Indonesia due to their economic dominance. point five percent of the industrial operations belonged to the The evolution of the economic activity in the Chinese Chinese, and thirty-five percent were owned by Indonesians, minority in Indonesia to what it is now has its own history. It while the rest 0.5 percent belonged to other foreigners (p.344). is related back to the Dutch political and economic interest In East Sumatra, seventy-two percent of the businesses were to maintain their control over today’s Indonesian islands. The owned by Chinese, while in West Java, almost eighty percent of population was categorized into three stratification levels, the motor transport enterprises were Chinese-owned (Siregar, according to race, in which the Europeans were the first, then 1969, p.345). Chua (2003) illustrated that with only 3 percent followed by other foreigners from the east, dominated by the of the Indonesian population by 1998, the Chinese dominated Chinese, and then the natives as the third class ethnic group
HOHONU Volume 8 2010 - 61 the country’s economy disproportionately (p. 43). In the same between the new government and ethnic Chinese. Fuelled by year, 70% of Indonesian private businesses were controlled by the accusation of being supportive to the Communists, the the Chinese (Chua, 2003, p. 43) Chinese faced harshly discriminative policies during President The continued growth of economic control did not come Suharto’s rule. During the period known as New Order with the full participation of Chinese in Indonesian social and (1966-1998), the ethnic Chinese were literally categorized as political life. Yau (2008) considered this situation as a paradox, non-pribumi, separating them from the native pribumi (Yau, where the Chinese were granted privileges to operate their 2008, para.10). As non-pribumi, the Chinese were subject to business, but were halted in their access to social and political assimilation measures, which included giving up their ethnic participation (para.11). The Chinese economic dominance was identity, enrolling in Indonesian schools, and changing their largely seen as a national problem (Yau, 2008, para. 11). Yau names (Yau, 2008, para.11). Groups and institutions affiliated (2008) blames the Dutch for generating the seeds of hatred with Chinese were suppressed if not banned, including Chinese and stereotypes among Indonesians based on race (Para.9). The languages, culture, and religion (Yau, 2008, para.12). Although Dutch provided certain privileges to the Chinese by granting some top Chinese became friends of Suharto and subsequently them control over some profitable businesses, but at the became the richest men in Southeast Asia, the New Order same time restricted them from interacting with the natives, regime in fact was a tragedy for the relatively large number of specifically by limiting their movements out of urban ghettos ordinary Chinese (Johnston, 2005, para. 13-14). (Yau, 2008, para. 9). In spite of the harsh assimilation efforts, the Chinese However, there was a time when ethnic Chinese in are still seen as “aliens” to the indigenous Indonesians. The Indonesia did enjoy relatively less discriminative policies. failure of the efforts exploded in a large-scale anti-Chinese This was during the early period of Indonesian independence, riot in 1998. President Suharto’s resignation in May, 1998, though they were still considered non-indigenous. Under was accompanied by anti Chinese violence where for more the presidency of Sukarno and the parliamentary democracy than three days of violence, the rioters looted Chinese shops system (1949-1958), the Chinese were allowed to establish and gang raped more than 150 Chinese women (Chua, 2003, organizations that could participate in cultural, social and p.44-45). Chua (2003) reported that not only were thousands political activities and even schools where instruction were of people dead, but the mayhem also resulted in $40 to $60 given in Chinese (Suryadinata, 2001, p.504). A well known billions of capital confiscation, most of which was controlled ethnic Chinese institution focusing in sociopolitical matter by Chinese, causing a huge economic crisis from which the was established following the merging of several small country is still struggling to recover (Chua, p.45). Chinese organizations. The organization, known as Badan Since the Reformation Era, starting with the downfall of Permusyawaratan Kewarganegaraan Indonesia (BAPERKI) or Suharto in 1998, the Indonesian government has taken several Indonesian citizenship consultative body, set its goal based on significant measures to address the issue of ethnic Chinese. the idea of promoting equality among the citizens, regardless Chinese Indonesians can now celebrate the Chinese New Year of ethnic origin, and they specifically fought for the Chinese and use their Chinese name and symbols (Johnston, 2005, minority’s cultural rights (Suryadinata, 2001, p.504). para.26). Since then, they are actively involved in political The relatively free environment for the ethnic Chinese as activities (Suryadinata. 2001, p.509-510). In terms of the civil a distinguished minority group ended as new political power society participation, ethnic Chinese communities are able emerged. Suryadinata (2001) posited that the downfall of to express themselves publically (Suryadinata, 2001, p. 522). President Sukarno after a failed alleged coup by Partai Komunis Moreover, Confucianism was recognized as one of the official Indonesia (PKI), or Indonesian Communist Party, led to the beliefs in Indonesia along with the other five major religions. closure of BAPERKI, which had been in support of both PKI Meanwhile, some Chinese Totok are able to reestablish their and the President (p.505). Lieutenant-General Suharto, who led clan relationships (Suryadinata, 2001, p. 522). In another the army operation to hunt down the members of PKI and its example, Suryadinata (2001) reported that the former President affiliates due to their role in the alleged coup, soon became the Abdurahman Wahid, a.k.a Gus Dur, was invited to deliver a next President with the support from the right wing group in speech during the opening of Indonesian Hakka association in the military (Suryadinata, 2001, p.505). Besides the millions Jakarta, in 2000, where the former president praised the ethnic of alleged communist supporters that died, tens of thousands Chinese, and pledged their support to continue to invest and of Chinese were also killed during the hunt-down operation help in the Indonesian economic recovery effort. It was during (Johnston, 2005, para. 9). the presidency of Gus Dur that many of the discriminatory laws The allegiance of a well-known Chinese organization to against the ethnic Chinese were revoked (Suryadinata, 2001, p. the former regime and the Communist Party created a distance 521). The president also appointed a nationalist ethnic Chinese,
62 - HOHONU Volume 8 2010 Kwik Kian Gie, to the position of coordinating minister for References finance and industry, the highest cabinet post ever for an ethnic Chinese in the country’s history (Suryadinata, 2001, p. 521). Chua, A. (2003). World on fre: How exporting free market However, reforms by the government seem to hardly democracy breeds ethnic hatred and global instability. New penetrate to the bottom of ordinary ethnic Chinese. Many York: Random House. Chinese Indonesians still find it very difficult to enter public Johnston, T. (2005, March 3). Chinese diaspora: Indonesia. universities or become members of the military or police forces BBC. Retrieved from: http://news.bbc.co.uk/1/hi/world/ (Johnston, 2005, para. 34). Johnston (2005) also reported asia-pacific/4312805.stm that it is still relatively very expensive for a Chinese Indonesian Kahin, G.M. (1946). The Chinese in Indonesia. “http://www. to go to school, to buy land or to get a passport where the jstor.org/action/showPublication?journalCode=fareasternsur required citizenship letter might cost up to 7 million rupiah to vey” Far Eastern Survey, 15(21), 326-329. Retrieved from: be processed (para.35). In addition, intermarriage between the http://www.jstor.org/stable/2642461 ethnic Chinese community and local Indonesians rarely occurs, Siregar, A.M. (1969). Indonesian entrepreneurs. HYPERLINK due to the fact that neither group is willing to encourage such “http://www.jstor.org/action/showPublication?journalCode= marital relationships (Johnston, 2005, para. 36) asiansurvey” Asian Survey, 9(5), 343-358. Retrieved from: All the events and cases mentioned above conclude that http://www.jstor.org/stable/2642461 the economic dominance of the Chinese minority in Indonesia Suryadinata, L. (2001). Chinese politics in post-Suharto’s has hardly been going in line with their social and political Indonesia: Beyond the ethnic approach. Asian Survey, freedom. Albeit, facing various discriminations, the Chinese 41(3), 502-524. Retrieved from: http://www.jstor.org/ still maintain their economic dominance. I would say that stable/2691646 the limited access to the cultural, social and political life of Wirth, L.(1941). Morale and minority groups. Te American the majority have forced the ethnic Chinese to concentrate Journal of Sociology, 47(3), 415-433. Retrieved from: on commerce and trade, and hence, increases their ability in http://www.jstor.org/stable/2769291 terms of entrepreneurship and business networking to a point Yau, H.C.(2008, September 15). In between identities. Te that is relatively higher than that of the majority of people. Straight Times. Consequently, the Chinese minority often become the target of social jealousy due to their well-established economic lives compared to the majority of Indonesians, a situation which can easily be manipulated to create chaos in society, despite the fact that not all the ethnic Chinese are rich. The barely implemented assimilation policy by the New Order regime failed to achieve its aim and even created large resentment among the majority Indonesians towards the Chinese minority group. Without neglecting the complexity of the issue, it is a good idea to consider a different approach toward the relations between the ethnic Chinese and the Indonesians. Instead of considering the ethnic Chinese as foreigners who need to be assimilated to the local cultures, Indonesians also need to see the matter from the diversity point of view, where the ethnic Chinese must be considered equally as the other different ethnic groups that are spread throughout the archipelago with the rights to fully participate every aspect of the country’s life. Likewise, not only do the Indonesians have to change their way of thinking about the Chinese, but also the ethnic Chinese themselves have to voluntarily give up certain degrees of their exclusiveness in order to meet the qualities demanded by the majority group.
HOHONU Volume 8 2010 - 63 64 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
trend by using dark colors, sharp black lines, and grim subject Max Beckmann: matter to create political statements and express a variety of emotions4. He used black to force objects together to create Deposition proximity, and often outlined, or “imprisoned,” his graven Tabitha Gomes images in black, creating compositions that looked as if they would burst from the picture plane.5 Art 375 Beckmann hated sentimentality; thus, his desire was to Te Descent from the Cross was painted by the German record the inexpressible things in life. The stronger that desire artist Max Beckmann in 1917; today, its oil on a 59.5 by 50.75 became, the more he wanted “to seize this frightful twitching inch canvas is held at the Museum of Modern Art in New York monster of vitality and to cage it in glass-clear sharp lines and City. This image of Christ is not an ideal one, and strays from surfaces, to suppress it, to throttle it.”6 long-established Christian art that most people know of. The Beckmann met the greatest influence of all after the deposition has never been shown in such an appalling way as outbreak of World War I and his voluntary involvement in this, creating uneasy feelings for the viewer. The image of Christ 1914. Beckmann was assigned to East Prussian and Belgian is almost unrecognizable, with thin skin upon his bones, pale fronts as a medical orderly for the German Army until the and yellow. The other figures in the piece are also distorted to spring of 1915.7 Initially, Beckmann thought the war would an extent of morbidity, with no sign of hope. The painting has be a great opportunity for pictorial reportage on a catastrophic death flowing in, out, and through it, radiating the feeling of event.8 He suffered through his short tour in World War I suffering. All paintings of the descent from the cross deal with with many losses and the death of his broken-spirited friend a dead Christ during a painful time, but no artist has been as through suicide.9 Upon leaving field conditions, Beckmann vulgar as Beckmann. was transferred to a base hospital, where he sketched his Max Beckmann was never the average artist, and because observations and the pain on each patient’s face.10 of his life choices, he changed as a person, thus contributing to After being exposed to harsh conditions, death, and the his style of art. How could one man use art to portray death so pure truth of what was involved in the war, changed Beckmann realistically, and why? How does this disturbing piece compare and his early style of art.11 The major difference in his artwork to other depositions throughout the history of art? Although his before 1914 was that it failed to penetrate into “the souls of style had drastic differences that separated him from the other things.”12 He became more interested in abstracted human form artists of his time, his symbolism and subject matter did not and shapes that pressed against each other rather than creating a stray from the established history. space between them. The depth in his artwork began to shrink Max Beckmann was born in Germany in 1884, in the and the figures became crowded with no room to move freely era of Impressionist painters: a time where artists began to in space. In 1914, at the age of thirty, Beckmann stated in the experiment with colors, techniques, and subject matter. Kunst und K nstler journal: “For myself, I pursue the art of Although the generation around him began to search for space and depth with all my soul and try to achieve my own a renewal of form, Beckman was more interested in the 4 Heckmanns, Friedrich; Loffler, Fritz; Roters, Eberhard; Wiese, Stephan 1 continuation of the tradition that he had grown up with. And von. German Expressionism 1915-1925, Te Second Generation. (Munic: as many artists began experimenting and forming groups like Prestel-Verlag, 1988), p. 39 5 Roh, Franx. German Painting in the 20th Century. (Greenwich: New York the Blaue Reiter and Brücke painters, Beckmann stood alone Graphic Society, 1968), p.98 in isolation.2 Instead of following the trend in art, he decided 6 Excerpt from Max Beckmann’s journal. Dube, Wolf Dieter. Te Expressionists. (London: Thames and Hudson, 1972), p. 167 to follow his own desires. What separated Beckmann’s artistic 7 Buenger, Barbera C. “Max Beckmann’s Ideologues: Some forgotton expression from those groups was his “extensive but subtle use Faces.” Te Art Bulletin, Vol. 71, no. 3, (1989), p. 453-479. 3 8 Selz, Peter Howard. Max Beckmann, Museum of Modern Art. (New York: of the color black.” While others picked “festive colors as a Ayer Publishing, 1980), p. 21 metaphor for joy and vitality,” Beckmann strayed from the 9 Buenger, Barbera C. “Max Beckmann’s Ideologues: Some forgotton 1 Dube, Wolf Dieter. Te Expressionists. (London: Thames and Hudson, Faces.” Te Art Bulletin, Vol. 71, no. 3, (1989), p. 453-479. 1972), p. 162 10 Selz, Peter Howard. Max Beckmann, Museum of Modern Art. (New York: 2 Roh, Franx. German Painting in the 20th Century. (Greenwich: New York Ayer Publishing, 1980), p. 22 Graphic Society, 1968), p.97 11 Haftmann, Werner. German Art of the Twentieth Century. (New York: The 3 Heckmanns, Friedrich; Loffler, Fritz; Roters, Eberhard; Wiese, Stephan Museum of Modern Art, 1957), p.96 von. German Expressionism 1915-1925, Te Second Generation. (Munic: 12 Dube, Wolf Dieter. Te Expressionists. (London: Thames and Hudson, Prestel-Verlag, 1988), p. 39 1972), p. 163 HOHONU Volume 8 2010 - 65 style in it.”13 a few very vital components to the representation. One very Between 1917 and 1918, Beckmann had a sudden urge to important man to Christ’s descent was Joseph of Arimathea, paint a series of distorted images of religious themes. He had a Jewish judge and a secret follower of Christ. 16 “Joseph of illustrated many religiously themed pieces before but never Arimathea, a prominent member of the council, who was this sinister, or to this extent. One reason he may have turned himself waiting for the kingdom of God, went boldly to Pilate to religious work was because, after being dismissed from the and asked for Jesus’ body[:]” in Jewish tradition, a body must Army, having a nervous breakdown, and leaving his wife and be taken down before sunset and buried in order to preserve son, he was left feeling alone, traumatized, and distressed. the soul.17 Pontius Pilate allowed the Roman guards to release Creating religious work may have been comforting during his Christ’s body to Joseph for burial. In the painting, Joseph can time of agony as flashbacks of war overwhelmed him. Some be recognized as the older man with a beard, shown holding Christian work he composed was entitled: Adam and Eve in Christ’s upper body and lowering it from the cross. The 1917, Resurrection in 1918, and Crucifxion. Each image holds second man commonly shown assisting with Christ’s body has the same qualities that he emphatically discovered during war: been identified in the Gospel of John as Nicodemus, also an sharp black lines, solemn figures projecting intense emotion, undercover disciple.18 Nicodemus is usually shown as a younger and a cold color pallet. man assisting Joseph, but always carrying a lower portion of Beckmann was not only interested in painting, but also Christ’s body. In keeping with this tradition, Beckmann shows in dry point, a common technique that he used for his work. Joseph with a small white mustache and white hair carrying the Dry point is an “engraving method in which the design to be Christ figure’s chest, and to the right of Joseph is the younger printed is scratched directly into a copperplate with a sharply Nicodemus holding up Christ by his hips. The men look as if pointed instrument.”14 This method of art allows Beckmann they are struggling to hold up Christ’s skinny, lifeless body. to use black outlines as the basis for his work, which may In addition to this, there are always at least two women have had an impact on his painting. Using this technique, shown weeping near the foot of the cross. These women are Beckmann created a Descent from the Cross as a mirror image identified as Christ’s mother Mary, who is sometimes faint, to the painting.15 Although the print is said to be created in and Mary Magdalene, usually shown caressing Christ’s feet or 1918, a year after the painting was created, it is also located in hand.19 If the artist chooses to fill the space with other people, a series called Faces. The print may have easily been created far the roles of the two women are exaggerated. However if there before the painting and dated for the series completion, not aren’t many figures in a piece it is sometimes difficult to tell the individual piece. The print allows for a different view of the two women apart, just as in Beckmann’s Descent from the the Descent from the Cross, allowing the viewer to focus on the Cross. The painting shows two women kneeling below the subject matter and lines without the color and highlights. cross, crying and holding hands. The woman on the left looks At first glance, Max Beckmann’s piece Descent from the much older and more distressed than the other: she has one Cross is hard at look at because of its raw, non-ideal proportions hand raised near her face with her head turned as if in agony. and abstract explanation of the figure of Christ. The The woman on the right has a smaller nose and no joules or expressionist style used creates a cold, and somewhat disturbing, bags under her eyes, indicating that she is younger and easily atmosphere for what is usually thought to be sacred, passionate identifying her as Mary Magdalene. Instead of being shown subject matter. The elongated, distorted figure of Christ fills caressing Christ, here Magdalene is comforting and caressing the space using sharp diagonals while the rest of the image the hand of Christ’s mother, the Virgin Mary. pushes together, inward and up, creating no visual depth. Max Commonly included in images of the descent from the Beckmann seemed to want to capture the blunt imperfection of cross are ladders, which were primarily used in the crucifixion. reality without creating any false imagery. His brushwork is very The ladder was used to put Christ up on the cross and then loose and painterly, with a thin coat of cold colors, but it’s still to take him down. Joseph and Nicodemus may have also used neatly composed within his common use of dark, black lines. Max Beckmann’s Descent from the Cross does not have as 16 Rynck, Patrick De, How to Read a Painting: Lessons from the Old Master ( much detail and is not as intricate as some of the early pieces, New York: Harry N Abrams, 2004) p. 17 Mark 15:43. Te Holy Bible, New International Version, (Grand rapids: however, in keeping with tradition, Beckmann does include Zondervan Publishing House, 1984), p. 583. 18 John 19:39“He was accompanied by Nicodemus, the man who earlier 13 Dube, Wolf Dieter. Te Expressionists. (London: Thames and Hudson, had visited jesus in the night.” Te Holy Bible, New International Version, 1972), p. 161 (Grand rapids: Zondervan Publishing House, 1984), p.619 14 Encyclopedia Britannica Online, Dry point, (accessed on April 3, 2009) 19 In the Gospels Mary Magdalene is always identified but the Virgin http://www.britannica.com/EBchecked/topic/172437/drypoint Mary is not identified at all. In Matthew 27:56 and Mark 15:40 Mary 15 The Descent from the Cross is located in a series called Faces, dated 1918. Magdalene and Mary the mother of James are identified, while Luke and Museum of Modern Art., The Collection: Max Beckmann, (accessed John name no women. Te Holy Bible, New International Version, (Grand January 14, 2009), http://www.moma.org/collection/browse rapids: Zondervan Publishing House, 1984), p. 570, 583 66 - HOHONU Volume 8 2010 it as a stretcher to carry the body of Christ to his tomb.20 captures the same iconography and simplicity as Beckmann’s Through art, the role of the ladder has changed to symbolize piece. Both pieces have fewer figures than most and the shallow Christ’s ascent to heaven. This idea derived from the Biblical background is accentuated with the use of a ladder. Despite story of Jacob: “He had a dream in which he saw a stairway (or this, there still are very distinct differences in style between a ladder) resting on the earth, with its top reaching to heaven, that of the Fiorentino and Beckmann works. All the figures and the angels of God were ascending and descending on it.”21 in Fiorentiono’s composition have space to move around, are Beckmann uses the ladder to his extent by creating the deepest ideally proportioned, have clean features, and none seem to be portion of the painting. The ladder is shown leaning against the in distress. The handling of the paint and subject matter is also cross, and foreshortened by the angle. This causes it to protrude quite different, as Fiorentino uses bright colors with a clean beyond the picture plane and into the heavens as if it’s awaiting application, while Beckmann’s style is, again, very loose and Christ’s ascent. painterly. The most important element to a deposition is the cross. Although Max Beckmann’s Descent from the Cross holds all Although the cross is important because of its major role in the same iconography as most other Christian art, it still cannot the crucifixion, the cross has also become a major symbol for be compared equally due to its dramatic style and techniques. the Christian religion. The cross has become a reminder of Most descent pieces are harmonious, showing Christ’s dead Christ’s love and sacrifice for allhumanity. 22 The cross also body as peaceful and healthy, as if he died due to a natural provides the center of Christian belief that Jesus Christ died cause. There are only a few compositions that translate emotion, for the sin of man and all those who believe in him shall be terror and pain in a similar way to Beckmann’s style; many of given salvation. Along with the major role of the cross, every which come from the Gothic period. type of cross holds another meaning. In Beckmann’s Descent In this regard, there is a descent from the cross piece within from the Cross, although the cross is hidden behind the ladder, the composition of the Crucifx with the Stories of the Passion, Joseph, Nicodemus, and Christ, it is still identifiable as a “tau created around the year 1200.27 This piece uses much brighter cross.” The “tau cross” has nothing extending above its arms colors than Beckmann, but the sorrow is clear by the style of the and resembles the Greek letter “T.” The “tau cross” is known as figures. There are seven figures in this piece: Christ is centered a symbol of a prophecy because “it is the traditional sign that with Joseph and Nicodemus removing his limp body from the Israelites made with lamb’s blood on their doorposts in Egypt cross, and there are two women that flank each side of the cross. on the night of Passover.”23 The images are distorted, adding to the grief. However, this Two other elements that are not commonly used in descent piece is not as intensely twisted as Beckmann’s. The women on pieces are signs of the stigmata and the sun. However, there is both sides watch in sorrow, with their heads down and furrowed a large red sun in the background of Beckmann’s piece, used as brows. The artist did a quality job, using distortion to display a a prophetic symbol for Christ.24 The sun as a symbol for Christ heavy feeling of sadness and pain, but, at the same time, using comes from the Bible, where, in Malachi 4:2 it is written: “But bright colors to bring the piece back to life. for you who revere my name, the sun of righteousness will The Deposition by Lucchese in 1240, located at the Uffizi rise with healing in its wings.”25 The stigmata symbolizes the in Florence, has more similarities to Beckmann’s painting torture that Christ endured; the markings usually include holes style than many other pieces.28 Lucchese’s painting has only in his hands and feet, a crown of thorns, and a stab wound on five figures, like Beckmann, and uses dark lines to outline the his side. In Beckmann’s piece, his Christ looks emaciated with images. The painting is very shallow, and the tau style cross yellowing and bruising on his skin, holes in his feet and hands, and one ladder create the background. The shallow space is and, again, the crown of thorns upon his head. also crowded with the few figures and they have no space to In comparison, Rosso Fiorentino’s Descent from the Cross26 move around. Lucchese does not idealize his images and is 20 Science of the Bible, dir. Micheal S.Ojeda, perf. Hayati Akabas, DVD, not focused on the perfect human form: instead, emotions of 2005. sorrow and grief come through clearly. The body of Christ 21 Gen 28:12. Te Holy Bible, New International Version. (Grand rapids: Zondervan Publishing House, 1984), p. 17. looks dead and heavy, as Joseph struggles to hold it up, twisting 22 Gast, Walter E. Symbols in Christian Art and Arcitecture.(accessed March as Nicodemus cuts the nails from his feet. The figures around 05, 2008), http://wegast.home.att.net/symbols/ 23 Gast, Walter E. Symbols in Christian Art and Arcitecture.(accessed March Christ are elongated and distorted, showing their sadness, 05, 2008), http://wegast.home.att.net/symbols/ while both Mary Magdalene and the Virgin Mary are stretched 24 Gast, Walter E. Symbols in Christian Art and Arcitecture.(accessed March 05, 2008), http://wegast.home.att.net/symbols/ enough to reach and touch Christ before his body is taken 25 Te Holy Bible, New International Version, (Grand rapids: Zondervan Publishing House, 1984), p.548 27 The painting has an unknown artist. Emil Kern, Daniel Marx, Web 26 333 x 196cm panel, painted in 1495-1540. Rynck, Patrick De, How Gallery of Art. (accessed March 30, 2009) http://www.wga.hu/. to Read a Painting: Lessons from the Old Master ( New York: Harry N 28 Meiss, Millard, Painting in Florence and Sienna after the Black Death. Abrams, 2004) (New York: Harper Torch Books, 1951) p. 49 HOHONU Volume 8 2010 - 67 down. This painting shows that distortion was around before Dube, Wolf-Dieter. Te Expressionists. London: Thames and Beckmann’s time, and even utilized similar techniques of Hudson, 1972. crowding space and heavy black lines. Emil Kern, Daniel Marx. Web Gallery of Art. http://www.wga. Two other pieces that resemble Beckmann’s work are of hu/ (accessed March 30, 2009). crucifixions, not depositions, but still hold similar qualities in Encyclopedia Britannica Online. Dry point. 2009. http:// the style of art. First, is a mosaic called Crucifxion, from 1200- www.britannica.com/EBchecked/topic/172437/drypoint 1220, this piece has heavy black lines and much sorrow caused (accessed April 3, 2009). by the distorted figures.29 Secondly, is the Isenheim Alterpiece by Ferguson, George. Signs and Symbols in Christian Art. New Matthias Grünewald in 1512.30 This piece is not distorted and York: Oxford University Press, 1954. the figures are painted naturalistically; however, the artist creates Friedrich Heckmanns, Fritz Loffler, Eberhard Roters, Stephan a disturbing dead Christ. His skin is yellow and looks beaten; von Wiese. German Expressionism 1915-1925, Te Second he is very skinny and his arms are stretched and twisted to reach Generation. Munic: Prestel-Verlag, 1988. the cross. The feeling of looking at this image of Christ is very Gast, Walter E. Symbols in Christian Art and Arcitecture. June similar to the feeling received from Beckmann’s Descent from the 09, 2000. http://wegast.home.att.net/symbols/ (accessed Cross. March 05, 2008). Beckmann’s work fits nicely into the Gothic era of art Hall, James. Dictionary of Subjects and Symbols in Art, Second because, during this time, their work was all distorted in an Edition. attempt to search for the correct emotional equation. The Hodin, J. P. “German Books on Modern Art.” Te Burlington Christian art of this time had a lot of “hard-to-look-at” pieces Magizine, 1960: 212-214. that brought out heavy emotions, like fear or sorrow. Martin, John Rupert. Rubens: Te Antwerp Alterpieces. New Beckmann was different for his time because of his York: Norton and Company. experiences in war and witnessing traumatic deaths as a medical Meiss, Millard. Painting in Florence and Sienna after the Black orderly. He set himself up for creating pain in his art by using Death. New York: Harper Torch Books, 1951. the morgue and the horrified patients as models for his work. Museum of Modern Art. 2007. http://www.moma.org/ Nothing other than in a cold composition could be expected of collection/browse_results.php?criteria=O%3AAD%3AE% him. Beckmann’s Descent from the Cross easily portrays his life 3A429&page_number=1&template_id=6&sort_order=1 experiences in a time of distress, when all he had left to turn to (accessed January 14, 2009). was his religion. In fact, Beckmann stated during the war: Roh, Franx. German painting in the 20th Century. Greenwich: “My will to live is at present stronger than ever, although I New York Graphic Society, 1968. have experienced great horror and have seemed to die with Rynck, Patrick De. How to Read a Painting: Lessons from the Old the others several times. But the more often one dies, the Masters. New York: Harry N Abrams, 2004. more intensely one lives. I have drawn - this is what keeps Selz, Peter Howard. “Max Beckmann.” By Museum of Modern me from death and danger.”31 Art. New York: Ayer Publishing, 1980. All “descent from the cross” pieces deal with a dead Christ Spidle, Jake. “Colonial Studies in Imperial Germany.” History of during a painful time, but no artist has ever been as vulgar as Education Quarterly, 1973: 231-247. Max Beckmann. It can only be concluded that there is no way Te Holy Bible, New International Version. Grand rapids: to express death and pain so accurately in art unless you have Zondervan Publishing House, 1984. experienced it yourself. The Metropolitan Museum of Art. Central Europe (Austria, Germany, and Switzerland), 1900 A.D.–present”. In Bibliography Heilbrunn Timeline of Art History. October 2004. http:// www.metmuseum.org/toah/ht/11/euwcm/ht11euwcm.htm Science of the Bible. Performed by Hayati Akabas. 2005. (accessed January 14, 2009). Buenger, Barbera C. “Max Beckmann’s Ideologues: Some Werner Haftmann, Alfred Hentzen, William Lieberman. forgotton Faces.” Te Art Bulletin 21, no. 3 (1989): 453- German art of the Twentieth Century. New York: The 479. Museum of Modern Art, 1957. White, Christopher. Rembrandt. London: Thames and Hudson, 29 This piece is created by an unknown artist, located in the Basilica di San Marco, Venice. Emil Kern, Daniel Marx, Web Gallery of Art. (accessed 1984. March 30, 2009) http://www.wga.hu/. 30 Emil Kern, Daniel Marx, Web Gallery of Art. (accessed March 30, 2009) http://www.wga.hu/. 31 Selz, Peter Howard. Max Beckmann, Museum of Modern Art. (New York: Ayer Publishing, 1980), p. 21 68 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
look at whether or not terrorist suspects are prisoners of war or Laws, War, and the criminals that should be tried in civilian federal courts. This paper examines both sides of the POW debate that People Caught in raged throughout the earliest stages of the War on Terror between many of President Bush’s closest advisors and military Between: justice experts who advocated for denial of POW status and Te Legal Status of Guantánamo those that encouraged the provision of POW status and strict adherence to the Geneva Conventions. In addition, the Bay Detainees during the Bush evolving legal status of Guantánamo Bay detainees will be reviewed as manifested by the legal “back and forth” between Administration and the Chance the US Supreme Court and the Republican-led Congress for Progressive Change Under the over habeas corpus rights. The “rights-enforcing” approach favored by the US Supreme Court and the inability of military Obama Administration commissions to successfully prosecute detainees suggests that President Obama needs to make a clean break from policies Kylie Alexandra associated with President Bush and promote a greater balance English 215 between national security concerns and the humanitarian rights Following the devastating terror attacks on September 11, of detainees (de Londras 2008:36; Goldhaber 2009). In many 2001, the Bush Administration embarked on its so-called “War respects the debate then returns to its point of origin: is it on Terror” in order to seek and destroy terrorist safe-havens wise to accord terrorist insurgents POW status and rely upon in the Middle East and elsewhere. This bizarre war, on an the framework set by the Geneva Conventions—given their abstract concept, produced an equally unusual problem: what allegiance is to an ideology and not a nation-state, and given to do with terrorist suspects – primarily al-Qaeda and Taliban that ideologies are more rigid than wars between states? The insurgents – captured on the broad-ranging war front. answer to this question will inform President Obama’s approach The Bush Administration crafted a controversial solution in whether or not to continue to a policy of “preventive by detaining suspects at Guantánamo Bay, a US Naval detention,” as some suggest, or to depend upon criminal Facility on a slip of land leased under duress from the Cuban trials (Goldhaber 2009; Roth 2008; Wittes 2009; Wittes et government and supposedly beyond the reach of United al. 2009). The criminal model has successfully prosecuted States and international law. Since the first detainees arrived suspected terrorists captured on US soil and branding terrorists at Guantánamo Bay in January 2002 their legal status and as criminals rather than “religious warriors” tarnishes the allure humanitarian rights have stimulated a great deal of legal and of engaging in violent activities (Roth 2008). scholarly debate. In the ensuing controversy, two important Shortly after the US military incursion into Afghanistan points surfaced and were thoroughly debated during the Bush began, President Bush issued an Executive Order that outlined Administration: firstly, whether or not the detainees warrant his position on handling individuals captured during the course Prisoner of War (POW) status under the Geneva Conventions, of the conflict (Dahlstrom 2003; Fogarty 2005). Issued on and secondly, whether or not detainees held outside of sovereign November 13, 2001, the Order paved the way for the creation US territory maintain the right to challenge their detention in a of military commissions to prosecute suspected terrorists and US federal court, i.e., the right to habeas corpus. introduced the phrase “unlawful enemy combatant” into On January 22, 2009, newly elected President Barak modern discourse. Borrowing from a 1942 US Supreme Court Obama signed an executive order signaling that Guantánamo decision, Ex Parte Quirin, which recognized a class of “lawful Bay will be closed within a year (Wittes 2009). The difficult combatants,” the Bush Administration inferred that it was work of untangling the legal chaos evident at Guantánamo legally possible to recognize a class of “unlawful combatants” Bay now begins, especially when deciding which detainees (Dahlstrom 2003:272; Rivkin Jr. and Casey [date not cited]). are safe to release, where to release them, and how to credibly The Executive Order came under immediate criticism. prosecute those that remain (Goldhaber 2009). This last point Legal expert Lawrence Tribe claimed that Quirin provided no remains the most contentious, and in fact, warrants a fresh basis for the military commissions established by the 2001
HOHONU Volume 8 2010 - 69 Executive Order and that any convictions would be discredited of any formal army but were nonetheless afforded POW status without legislative authorization (Dahlstrom 2003). Critics also by the US. Dahlstrom (2003) acknowledges that Article 4 of pointed to the fact that the Order denied detainees the right the Geneva Conventions’ inclusion of groups aligned with a to appeal the commissions’ decisions in a civilian court, thus non-recognized authority provides grounds for recognizing al- denying habeas corpus. The order also failed to address due Qaeda members as POWs, although their lack of adherence to process concerns such as the right to counsel and the standards the traditional laws of war may also preclude that recognition. for admissible evidence (Cutler 2008; Dahlstrom 2003; Fogarty Either way, where doubt exists captured combatants are 2005; Schneider 2004). Gerard P. Fogarty (2005) reports that presumed POWs until a “competent tribunal” decides otherwise top military justice experts at the Pentagon and senior staff (Schneider 2004:426). Granting POW status threatened to at both the National Security Council and State Department render President Bush’s Executive Order in violation of the learned the details of the Order only after it was issued, Geneva Conventions and against US domestic law. signaling that a small group of White House insiders provided By early 2002, more than 600 detainees resided at most of the input. Guantánamo Bay and the legal challenges to their continued The use of the term “unlawful enemy combatant” provided detention went before the courts (Dahlstrom 2003; Schneider the basis for the Bush Administration’s denial of POW status. 2004). In February 2002, the District Court for D.C. quickly They reasoned that the Geneva Conventions were originally dismissed the case of Rasul et al. v Bush (Rasul) since the conceived in the context of war between two states. In 2002, detainees were in custody beyond the jurisdiction of the D.C. White House Counsel Alberto Gonzales wrote a memo Court. The Court refused the plaintiff’s argument that the to President Bush detailing changes in armed conflict that US held “de facto” control and jurisdiction over Guantánamo “rendered part of the Conventions obsolete” (Ratner 2008:26). Bay (Dahlstrom 2003:680). In 2004, the US Supreme Court Then Defense Secretary Donald Rumsfeld argued that neither overruled the District Court’s decision on the basis that it was al-Qaeda nor the Taliban engaged in warfare according to the sufficient for the detaining authority (the US government) description of armed conflict contained within the Geneva to exist within the Court’s territorial jurisdiction (de Londras Conventions: they lacked uniforms, hid their weapons, and 2008). Therefore, the Guantánamo Bay detainees warranted a tried to blend in with the civilian population (Fogarty 2005; limited right to the writ of habeas corpus (Cutler 2008). Rivkin Jr. and Casey). The Taliban were not recognized as the In response to the US Supreme Court’s decision in Rasul, legitimate government in Afghanistan and al-Qaeda was not the Bush Administration established Combatant Status Review fighting on behalf of any nation-state (Dahlstrom 2003). Ergo, Tribunals (CSRTs) as a substitute for judicial proceedings they are unlawful enemy combatants and not POWs (Fogarty to determine the validity of their claim that the detainees 2005; Rivkin Jr. and Casey). were enemy combatants (Cutler 2008; Rivkin Jr. and Casey). The laws of war codified in the Geneva Conventions are Rivkin Jr. and Casey contend that the CSRTs provide ample not clear-cut when the conflict involves non-state actors (DoJ due process provisions for detainees suspected of terrorist acts 2009c). Numerous scholars provide arguments that support against the US. de Londras (2008) asserts that the CSRTs are the treatment of members of the Taliban and al-Qaeda as not adequate to address habeas corpus, in part because detainees POWs. Relying upon definitions outlined in the Geneva accorded non-combatant status were not always released. She Conventions, Daniella Schneider (2004) argues that captured argues that the US Supreme Court fell short by not recognizing Taliban members qualify as POWs since they were the “de the “high degree of operational sovereignty” the US commands facto” government of Afghanistan (p424). Fogarty (2005) at Guantánamo Bay, which would have automatically conferred concurs and cites the efforts made by former Secretary of constitutional habeas rights to the detainees (constitutional State Colin Powell who was successful in convincing the Bush rights cannot be circumvented via legislative action). Administration to change course and accord Taliban members To codify the CSRTs, Congress enacted the Detainee POW status. United Nations POW experts advocated that al- Treatment Act (DTA) of 2005 (de Londras 2008; Rivkin Jr. Qaeda members who fought on behalf of the Taliban should and Casey). The DTA effectively denied any federal court from receive POW status, and posited that they might qualify as a exercising jurisdiction to hear pending and future habeas cases militia in their own right (Fogarty 2005). Schneider (2004) (Cutler 2008; de Londras 2008). Congress intended for this supports this recognition of al-Qaeda as a “legitimate fighting law to apply to the influential Hamdan v. Rumsfeld (Hamdan) force” given their structural organization and their visibility in case before the US Supreme Court. distinction from other civilians (p426). Ratner (2008) likens In its last ruling of the 2006 term, the US Supreme al-Qaeda to the Vietcong guerilla forces that struggled for Court decided that the DTA was not explicitly retroactive South Vietnam during the Vietnam War; they were not part and so delivered their decision on the Hamdan case (Cutler
70 - HOHONU Volume 8 2010 2008). Their decision contained a number of points: 1) The Guantánamo Bay detainees the constitutional right to the writ 2001 Executive Order was not authorized by Congress, 2) of habeas corpus (DoJ 2008). In their decision, the Supreme the military commissions as proposed by President Bush were Court rejected the Bush Administration’s claim that the absence “structurally and procedurally deficient” and, 3) all detainees of US sovereignty negated the applicability of the Constitution held at Guantánamo Bay (including al-Qaeda) are protected (Boumediene v. Bush, 553 US 2008). by the Geneva Conventions (Cutler 2008:36). The Supreme The US Supreme Court’s decision necessitates close Court Justices agreed that Hamdan should be tried by a examination by the review panel President Obama has set up to “regularly constituted court” that affords “judicial guarantees determine the best course of action for closing the Guantánamo […] recognized as indispensable by civilized peoples” (Cutler Bay facility within one year from the date he issued his 2008:38). They did not address the individual habeas claim but Executive Order (January 22, 2009). As it stands, the Order rather regulated the ability of the Executive branch to develop leaves open the option of military commissions or some other military commissions without Legislative action (de Londras trial mechanism, as well as the continued detention of some of 2008). the detainees (Wittes 2009). As a reaction to the Hamdan decision, Congress enacted Ongoing debate reveals an interesting twist: during the the Military Commissions Act (MCA) of 2006 to codify how Bush Administration liberal scholars advocated for POW status the Geneva Conventions are applicable to suspected terrorists and conservative “hawks” argued against it; now, conservatives and to establish new rules for military commissions for the tend to favor a continuation of the provision of POW status prosecution of detainees (Cutler 2008). The MCA revoked and an improved mechanism for onshore preventive detention the right of the US Supreme Court to enforce the Geneva and liberals are clamoring for the transfer of the remaining Conventions and instead offered examples of what constituted detainees into the civilian criminal justice system. Nonetheless, a “grave [breach]” of the Conventions (Cutler 2008:43). The liberals and conservatives alike are inclined to agree that guidelines for military commissions used relaxed due process President Obama needs to make a clean break from policies considerations concerning the admissibility of evidence. associated with President Bush and promote a greater balance Hearsay and evidence obtained through coercion is admissible if between national security concerns and the humanitarian rights the presiding judge affords it “probative value,” and defendants of detainees (Goldhaber 2009). are not allowed to hear classified evidence against them; rather, President Obama appears to have taken steps to define they are provided with a “declassified summary of information” a “new standard” for the detention of terrorist suspects and (Cutler 2008:40). The MCA also includes an explicit provision has revoked the phrase “enemy combatant” (DoJ 2009b). stripping federal courts of the jurisdiction to hear pending Individuals who “planned, authorized, committed, or aided” habeas cases (de Londras 2008). the attacks of September 11, 2001 will remain in detention, Colonel Morris D. Davis (2007) defends the MCA and in addition to those who “harbored those responsible” (DoJ argues that the trials conducted exceed the standards set forth 2009c:1). Members of al-Qaeda and the Taliban who engage by other formal UN tribunals. Furthermore, the procedures in attacks against coalition forces in Afghanistan or provide utilized in military commissions meet the requirements outlined “substantial support” from elsewhere will also be detained (DoJ in the Hamdan decision. Davis (2007) concedes that some due 2009c:7). The Department of Justice (2009c) has yet to define process standards in the MCA are broader than those used in exactly what constitutes “substantial support,” but for now it civilian courts, but the same rights afforded US citizens are not will be determined on an individual basis depending on the automatically warranted in the case of “alien unlawful enemy facts of each case. combatants” (p33). The Obama Administration exhibits a greater willingness In 2007, the US Court of Appeals for the D.C Circuit than the previous Bush Administration to ensure that the refused to grant a writ of habeas corpus in the case of treatment of detainees is progressive with the nation’s values. Boumediene v. Bush (Boumediene) citing lack of jurisdiction The long-term, indefinite nature of the “War on Terror” invites under the MCA (Cutler 2008). Moreover, since the detainees the question of whether a war-like or military approach is best were foreign nationals held outside the US they lacked a suited for the task of managing terrorist suspects. It is on this constitutional right to habeas corpus. After initially refusing point that the Geneva Conventions, once seized upon by liberal to consider Boumediene, the US Supreme Court unexpectedly scholars in defense of Guantánamo Bay detainees, begins to altered their decision and granted a review (Cutler 2008). De fade in significance. Londras (2008) believes this occurred out of a new willingness As previously noted, the Geneva Conventions were to finally settle the issue of constitutionality concerning habeas conceived in the context of two state actors in conflict. Al- rights. Indeed, in June 2008 the US Supreme Court granted Qaeda and deposed Taliban forces are non-state actors, meaning
HOHONU Volume 8 2010 - 71 that their primary allegiance is to an ideology rather than by all due process concerns incumbent upon US courts (Bario a nation. Policy makers should recognize that the combat 2008). It is reasonable to believe that the same record will hold situation in Afghanistan is not a war; it is an occupation in the prosecution of suspected terrorists captured on non-US designed to root out ideological insurgents in order to soil. prevent them from launching attacks on the US and further Lastly, Roth (2008) points out that criminalizing terrorist destabilizing the region. The occupation combines ‘nation- activities eliminates suspects’ ability to portray themselves building’ development projects and a type of terrorist ‘policing,’ as soldiers engaged in a holy war. Publicizing the wanton Scholars that argue for an improved system of preventive murderousness of terrorism not only increases the stigma detention claim that the criminal justice system is not flexible associated with their actions, but might also reduce the level enough to detain individuals on the basis of their perceived of support their actions receive (Roth 2008) and reduces the threat to the US. They assert that it requires a standard of likelihood that others will follow in their criminal footsteps. admissible evidence higher than the present situation allows (i.e. For eight years the US government has detained enemy evidence collected using questionable interrogation techniques) combatants at Guantánamo Bay in a state of legal limbo. It is (Goldhaber 2009; Wittes et al. 2009). Law Professor David now clear that no US President can attempt to circumvent due Cole (in Wittes et al. 2009) counters that preventive detention process by detaining terrorist suspects in a location removed is too great a burden on fundamental human rights. He from US territory; Courts have shown their readiness to grant concedes, however, that detainees deemed too dangerous to both statutory and constitutional rights to habeas corpus. A release should be held as POWs but only as long as the war recurring theme in the literature involves the concern that against the Taliban and al-Qaeda in Afghanistan endures. In the US, in its detention and treatment of Guantánamo Bay the past, POWs were detained until the two states were no detainees, has compromised its own ideals and made the world longer at war, the rationale being that at that point the POWs a less safe place; in particular for US soldiers captured abroad would have no reason to fight against the detaining power. (Fogarty 2005; Ratner 2008; Schneider 2004). Michael D. There is little indication that this pattern will hold for those Goldhaber (2009) stresses that the Obama Administration who fight on behalf of an ideology, and there is some evidence must curtail the perception of detainee mistreatment that to suggest that former detainees will resume terrorist activities acts as a motivating force in the terrorist ranks. Conducting (Goldhaber 2009). This suggests that terrorist suspects captured open adversarial trials with a full complement of due process during an indefinite, ideologically-based conflict should be provisions would go a long way towards achieving this. detained for criminal trial rather than simply being held until Evidence suggests that such trials are feasible. combat activities cease. In the first moments of his presidency, “President Obama Kenneth Roth (2008), the Executive Director of Human rejected as false ‘the choice between our safety and our Rights Watch, is a strong advocate for using the criminal justice ideals’” (Goldhaber 2009). To honor this principle President system, which has successfully prosecuted suspected terrorists in Obama must show that he is willing to reconsider some of the the past. In contrast to President Bush’s military commissions underlying beliefs about what the War on Terror actually are which convicted two people, 91% of the 160 terrorists tried in and adjust policies in detainee treatment. Deconstructing the US criminal courts between September 2001 and November popular perception of the war in Afghanistan and exposing it 2007 were convicted (Bario 2008; Goldhaber 2009). Moreover, as an ongoing occupation to combat terrorism and locate those laws pertaining to conspiracies and the provision of material responsible for insurgent attacks may at first sit uncomfortably support to terrorist organizations are suited to the task of in the American publics’ collective mind. Public support for prosecuting individuals that have planned but not yet carried the Afghan endeavor is already dropping; removing the label out their threat (Roth 2008). David Bario (2008) cites four “war” may facilitate this drop even further. Nonetheless, cases presented to the courts between 2003 and 2005 where President Obama and his detainee review panel must display each of the suspects received sentences equal to or greater honesty and integrity in their assessment of the combat than 20 years despite the fact that they never carried out their situation. Terrorist action against the US will likely continue plans. These facts refute two of the major arguments put forth after the Afghan occupation ends—as will the policing of global by opponents that the criminal justice system is structurally terrorists. It is imperative that the criminal justice system is incapable of successfully prosecuting high-level terrorists or prepared to prosecute the cases of suspected terrorists captured defending the nation from future threats. While the rights of on non-US soil. Guantánamo Bay detainees captured the nation’s attention, the government amassed a credible record of convicting US citizens and immigrants charged with terrorism-related crimes abiding
72 - HOHONU Volume 8 2010 References American Lawyer. Retrieved April 16, 2009 (http://www.law.com/jsp/tal/PubArticleTAL. Bario, David. 2008. “By Any Means Necessary.” Te American jsp?id=1202427748540). Lawyer. Retrieved May 9, 2009 (http://www.law.com/jsp/ Ratner, Steven R. 2008. “Geneva Conventions.” Foreign tal/PubArticleTAL.jsp?id=1196279828736). Policy 165: 26-32. Retrieved February 4, 2009 Available: Boumediene et al. v Bush, President of the United States et al. Academic Search Premier, EBSCOhost. 2008. 553 US 2008. Retrieved February 15, 2009. Rivkin Jr., Jr., David B. and Lee A. Casey. Date not cited. (http://www.supremecourtus.gov/opinions/07pdf/06-1195. “Within His Rights.” Te American Lawyer. Retrieved April pdf). 16, 2009 (http://www.law.com/jsp/tal/PubArticleTAL. Cutler, Leonard. 2008. “Human Rights Guarantees, jsp?id=1196279825437). Constitutional Law, and The Military Commissions Act Roth, Kenneth. 2008. “After Guantánamo.” Foreign Afairs 87: of 2006.” Peace & Change 33:31-59. Retrieved February 3, 9-16. Retrieved February 3, 2009 Available: Academic 2009 Available: Academic Search Premier, EBSCOhost. Search Premier, EBSCOhost. Dahlstrom, K. Elizabeth. 2003. “The Executive Policy Towards Schneider, Daniella. 2004. “Human Rights Issues in Detention and Trial of Foreign Citizens at Guantanamo Guantanamo Bay.” Journal of Criminal Law 68: 423-439. Bay.” Berkeley Journal of International Law 21:662-682. Retrieved February 3, 2009 Available: Academic Search Retrieved February 3, 2009 Available: Academic Search Premier, EBSCOhost. Premier, EBSCOhost. Wittes, Benjamin. 2009. “The Obama Orders: A Quick Davis, Morris D. 2007. “In Defense of Guantánamo Bay.” Yale and Dirty Analysis.” Washington, DC: The Brookings Law Journal Pocket Part 117:21-35. Retrieved January 31, Institution, Retrieved February 1, 2009 2009 (http://www.brookings.edu/opinions/2009/0122 (http://the pocketpart.org/2007/8/13/davis.html). guantanamo_wittes.aspx). de Londras, Fiona. 2008. “Guantánamo Bay: Towards Wittes, Benjamin, David Cole, Andrew McCarthy, Diane Legality?.” Modern Law Review 71: 36-58. Retrieved Marie Amann, and Matthew Waxman. 2009. “The February 3, 2009 Available: Academic Search Premier, Challenges of Closing Guantánamo.”Te New York Times, EBSCOhost. January 13. Retrieved February 1, 2009 Department of Justice, Office of Intergovernmental and Public (http://roomfordebate.blogs.nytimes.com/2009/01/13/ Liaison. 2008. “Attorney General Urges Congress to Act on the-challenges-of-closing- National Security.” Department of Justice Newsletter 2(7):3. guantanamo/?partner=rss&emc=rss Department of Justice. Office of Legal Counsel. 2009a. “Memorandum for the Files: Re: Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001.” Washington, DC: GPO. Department of Justice. 2009b. “Department of Justice Withdraws ‘Enemy Combatant’ Definition for Guantanamo Detainees.” Press Release dated March 13, 2009. Retrieved April 8, 2009 (http://www.usdoj.gov/opa/pr/2009/March/09-ag-232. html). Department of Justice. 2009c. “In Re: Guantanamo Bay Detainee Litigation – Respondent’s Memorandum Regarding the Government’s Detention Authority Relative to Detainees Held at Guantanamo Bay.” Filed March 13, 2009 in the United States District Court for the District of Columbia. Washington DC: GPO. Fogarty, Gerard P. 2005. “Is Guantanamo Bay Undermining the Global War on Terror?” Parameters: US Army War College 35: 54-71. Retrieved February 3, 2009 Available: Academic Search Premier, EBSCOhost. Goldhaber, Michael D. 2009. “Escape from Gitmo.” Te
HOHONU Volume 8 2010 - 73 74 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
1999-2000 in the proportion of Americans taking at least one Pharmaceutical drug and a 40 percent jump in the proportion taking three or more medicines.” If so many Americans are taking medication, Pollution in Water when these medications are disposed of, what happens to the environment? While water pollution from excretion of Geena Chau medication may be deemed unavoidable, the dumping of English/Environmental Sciences Project expired or unused medication in the toilet is truly inexcusable. In an average American household, a sick child might take When it comes to responsibility, companies and individuals a dose of cough medication, the mother might take a pill to are accountable for the pharmaceutical pollution that ends up cure her migraine, and the father might take a pain reliever to in the drinking water. The millions of pharmaceuticals that ease a toothache. If this is typical, then millions of Americans pollute the water are staggering, but are only the beginning of a are taking drugs. The major issue then becomes: where do all needed long-term study over its effects. Even though “there are the drugs eventually end up? no confirmed human risks associated with consuming minute The answer is most likely the water supply. In order concentrations of drugs,” there is no reason to doubt the to maintain the quality of water that is safe for drinking, severity of the health complications that may result from highly proper disposal of trash and pharmaceuticals in particular, must contaminated water (Donn, par. 14). not be compromised. It is of vital interest to deal with these The trace levels of drugs in the water have shown to polluted waters because everyone’s life is at risk of potential have great impact on wildlife, and humans are threatened as contamination. Public awareness and proper education on well. Consumption of tainted water or of food that has been the issue of safe drinking water is essential to mitigating the contaminated with the water has its dangers. Contamination pharmaceutical pollution problem. Pharmaceutical pollution has been found to harm aquatic species, and over many more in water will continue to pose harm to our health and years, an increase in the levels of contamination may pose environmental sustainability unless actions are taken now to greater harm to humans (Donn, par. 13). Indirectly through minimize the environmental impacts. biological magnification, humans whose diet consists of the Foremost, pharmaceutical pollution is the contamination drugged animals will face the toxic consequences at a higher caused by drug disposal into the environment. Sources of level. The problems surrounding drug-contaminated waters the pollution include the drug makers (pharmaceutical are deep; it will require a nationwide effort to be committed to manufacturers), their distributors, and the consumers. water treatment in order to avoid such perils. Pharmaceutical pollution is a relatively new field of study Meghan McGee, from Minnesota University, conducted because “chemicals have not been regulated nationally and have a study on how fish would be affected by antidepressants not traditionally been recognized as water pollutants” (Guidotti, and found that the exposure resulted in fish with impaired par. 14). There has to be stricter regulations concerning the responses (Raloff 15). Fish treated with antidepressants had a pollution of drugs in water because the current situation has slower reaction time when a predator was simulated (Raloff gone beyond the scope of the legal system. 15). Other research has shown factors like “skewed gender ratio When pharmaceuticals are released into the water systems, and abnormal female fish, downstream of treatment plants and it is done legally, and so far in the United States, there has pollution-control equipment” evidently as a result of nearby been “at least 271 million pounds of pharmaceuticals into source contaminants (Eisenstadt, par. 9). These scientific studies the waterways that often provide drinking water” (Donn, par. provide ample reasoning to conclude that pharmaceutical 1). Since waterways are vast, this enormous amount of legal pollution can affect the performance of those affected by the pharmaceutical pollution has yet to captivate the widespread contaminated water. For the benefit of every individual and attention it deserves. Major drug makers are not required to wildlife, more research needs to be compiled before any possible conduct studies of the impacts of the trace concentrations of health factors can be established from drug-tainted water. pharmaceuticals that leave their facilities (Don, par. 7). Since pharmaceutical companies are the main source According to the National Center for Health Statistics responsible for the massive pharmaceutical pollution, the cost (NCHS), the National Health and Nutrition Examination of the water treatment should be funded from their revenues. Survey “found a 13 percent increase between 1988-1994 and If they choose to pollute, they must take action to offset the
HOHONU Volume 8 2010 - 75 environmental impacts. For treatment plants considering legislations, forms of governments, and health policies (WHO pharmaceutical pollution control, reverse osmosis, which “stops 3). In the United States, the EPA is a key proponent in water non-water molecules—including viruses and pharmaceuticals,” safety standards and regulations. Health problems can be is a hopeful method of water treatment (Walsh, par. 5). attributed to contamination from its water sources. The quality Through the advanced chemical process, the filtered water of drinking water is important to all people who consume it, is sterilized with hydrogen peroxide, and undergoes the and it is necessary to take measures that ensure everyone’s safety. penetration of ultraviolet light (Walsh, par. 5). While reverse Remarkably, pharmaceutical pollution in water is a osmosis is an effective method of waste-water treatment, it is growing problem yet it is only in its early stages of community very costly (Eisenstadt, par. 14). Chemical treatment is another concern. Before the drug contamination in water starts to method of removing contaminants that have dissolved (Elder, become more blatant in public health, action must be taken to Miller, Powers 5). Protected drinking watersheds are vital for guarantee that our waterways are cleaner and safer. Education is the reduction of contamination in water (Elder, Miller, Powers step one. When the public is educated about the matter, there 3). Water can always be treated, but decreasing the amount is a less likely chance of larger biological and environmental of pollution that goes into it is equally important. Though it ramifications from pharmaceutical pollution. Public awareness will take time, more research and development needs to be on the situation will also lead to government involvement completed before a more cost-effective method of treatment can which is crucial to enact laws that will improve water be designed. safety regulations and policies thereby initiating long-term The U.S. Environmental Protection Agency (EPA) has sustainability for the delicate ecosystem. It is important to know been taking action to combat pharmaceuticals disposal issues that the land is not a dumpsite for drugs to spill over, but for its through commissioned studies and advice. “The EPA is seeking inhabitants to coexist with nature and nurture it. more information on the practices of the health care industry When contaminants enter our water systems, harm to inform future potential regulatory actions, and identify is not only posed to humans, but also to the surrounding best management and proper disposal practices” (Jones, par. environment. Pharmaceutical companies and individuals 1). The EPA’s assistant administrator for water has noted that who oppose efforts and understate the increasing concern EPA is working to improve the understanding of drugs in the surrounding pharmaceutical pollution by inaction or water by initiating information collection. They are working apathy are not cognizant of the global good. Taking the towards a clearer knowledge of the environmental impacts of initiative to propose clearer guidelines for proper disposal pharmaceutical pollution, and from the scientific evidence of pharmaceuticals, establishing proper disposal sites, and that is being gathered, the EPA will be as informative about its conducting responsible research and development on the issue efforts as possible. encourages greater support for water safety. Creating the change Similarly, the Office of National Drug Control Policy has for improved regulations in safer drinking water is needed for recommended the following: “do not flush prescriptions down the lives that depend on it for survival; this includes all of us. the toilet or drain unless the label or accompanying patient After all, isn’t it better that we take care of our waters today than information specifically instructs you to do so. Take advantage to face potentially irreparable conditions tomorrow? of community take-back programs…that collect drugs at a central location for proper disposal” (“Proper Disposal of Prescription Drugs”). Take-back programs are helpful in reducing the pollution because they allow drugs to be disposed of in an accessible and protected way in order to stop improper disposal (Guidotti, par. 9). In the case of an unavailable collection program, taking steps to ensure that the drugs are properly disposed of in a sealed container before ending up in the trash can be done (“Proper Disposal of Prescription Drugs”). For consumers, community programs that offer waste recycling and such disposal are useful when dealing with pharmaceuticals. Guidelines behind water safety are also the basis for safe water consumption. According to the World Health Organization, there cannot be a universal approach to having quality drinking water standards because of different
76 - HOHONU Volume 8 2010 Works Cited
“Almost Half of Americans Use at Least One Prescription Drug Annual Report on Nation’s Health Shows.” 2 Dec. 2004. National Center for Health Statistics. 2 Dec. 2009.
HOHONU Volume 8 2010 - 77 78 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
knowledge of it what-so-ever, it is important to really think Efects of Advertising on about the role that advertising plays in our own lives, no matter whether it is negative or positive. Does advertising really affect Society: A Literary Review us on some level, a level that influences our thinking patterns Goldie Hayko and even our actions? Or is it merely a communication channel English 215 between seller and consumer? Despite the fact that advertising has operated successfully The first evidence of advertising was found among the for many years, the prevailing stance within academic circles is ancient Babylonian Empire and dates back to the 3000s BC. that advertising is harmful to society. Insiders in the ad business The first advertisement in English went into print in 1472, in even admit to the evils that come with advertising. Jay Chait, order to sell a prayer book. The profession of advertising began an advertising guru who revolutionized the industry in the in the United States in 1841, and although it has been modified sixties, gives his insider’s point of view in his article Illusions Are a great deal, is still around today (Robbs 12). There is no Forever. Since the advertising industry is now heavily regulated argument that the media has become a very present force in the by the FTC and other agencies, they can not lie in their ads. American lifestyle, and with any form of “free” media will come However, there is a lie in the “art of advertising” (Chait 1). The an abundance of advertisements. methods in which situations are presented to the public through Since the late 1800’s, psychologists and scholars alike have advertisements are not realistic. Companies want us to believe been studying the ways in which advertisements can affect a that we should live the life that they present to us on screen, person mentally and emotionally. The effects that advertising with their products. Because we deal with advertisements on a has on society have been a long and heated debate, with a daily basis and have become so accustomed to their messages, wide array of opinions on the issue. Opinions range from we often “have trouble seeing things in our own natural way” the advertising executive, who believes that their company (1). Advertising substitutes our most intimate thoughts with is doing society a favor by providing them with valuable their own ideas of what should be (Chait 1). Although the information, to the market researcher, who admits to their media can expose us to information that we might otherwise sneaky practices. Members of society, ranging from the parent not receive, we pay a price for that information. In any to the psychologist, all have their reasons to back up why they industrialized society “there is little personal knowledge of believe that the prominence of advertising affects some sector of anything in the world that is not filtered by media” (1). society (be it children, a woman’s image, or a consumer society) Richard Pollay, author of Te Distorted Mirror: Refection on in some way, negatively or positively. Whether advertising is the Unintended Consequences of Advertising, uses the metaphor of good or bad for society, unless someone is a hermit and does “brain surgery” when he speaks of the influence that advertising not watch TV, movies, read newspapers, magazines, or journals, has on society. Advertising pops up everywhere, on the street, in listen to the radio, or surf the web, they will be affected our communication, and even in the most intimate of spaces, by advertisements. Some psychologists believe that we are our home. There is no doubt that advertising influences our “subliminally stimulated” which causes us to think in a way that culture, which in turn influences us (Pollay 18). Avertisements is almost controlled by the media. Regulatory agencies such are designed to “attract attention, change attitudes, and to as the Federal Trade Commission have said that advertising command our behavior” (Pollay 18). Advertisements present companies prey on childrens’ vulnerability in order to make an us with a set of images that idealize certain life circumstances. easy buck. However, some experts who analyze the marketing They present this information in a way that is easily absorbed business oppose this view. They believe that market researchers so that we do not have to do a lot of thinking in order to take are merely taking a stab in the dark at trying to figure out how in the concept and apply it at a later time subconsciously. Of to best sell their products. There are two major polarities on this course, not all advertisements will be able to pull this off, but issue; one side believes that advertising is harmful to society, the the majority of them “must-otherwise, advertisers are financially other side believes that advertising does not affect society in a extravagant fools” (Pollay 18). Modern big time advertisers have negative way. at their fingertips an information pool of “applied behavioral Whether we are experts on the matter or have no technologies for consumer behavior and advertising research” (Pollay 18). This allows the company to perfectly tailor the ad
HOHONU Volume 8 2010 - 79 in a way that will get the desired response from the consumer. Schlosser addresses the sector of advertisements that targets The advertising business is one where many great minds from children. In the 1980’s, when parents started spending more fields like psychology, anthropology, sociology, etc, have made it time away from their children, they began spending more a “full-time business to get inside the collective public mind… money on them. Experts have called the 1980’s “the decade to manipulate, exploit, and control” (18). of the child consumer” (46). Since this time, children have The advertising industry has been criticized by social begun to be targeted by “phone companies, oil companies, auto critics for bringing materialism to its height; for replacing companies, as well as clothing stores and restaurant chains” inner happiness and intrinsic motivation with the drive to (46). When children are bombarded with all of this stimulation, be productive in society only in order to consume and buy it blurs their perception of reality because they often cannot happiness. By playing with emotions, stereotyping and tell the difference between TV programming and advertising. manipulating ideas of real life situations, advertising has Schlosser conveys the notion that companies are driven to reduced us to the role of the “irrational consumer” (Pollay 21). engrain children with their products while they are young, in In a chapter from a text book, Psychology and Consumer order to keep the products in their lives forever. The companies Culture: the Struggle for a good life in a Materialistic World; hope that “nostalgic childhood memories of a brand” will by Allen Kanner and Renee Soule, it is blatantly stated provide for this, and so companies are planning their “cradle- that “commercials manipulate people’s strongest desires to grave advertising strategies” (46). When producing an ad and greatest fears to convince them to buy the preferred directed at children, an advertiser’s main objective is to give products” (56). Aside from the fact that we are manipulated the child a good reason to nag the parent for the product (47). into being consumers, there are additional side effects to this This undermines parents by filling a child’s head with ideas manipulation. Advertising promotes harmful products such that they need these products, some of which may be harmful as fast food, alcohol, etc. which can lead to obesity and other to children, such as video games. This process of directing health problems. Advertising also upholds stereotypes regarding advertisements at children socializes children at an early age class, gender and race (Kanner and Soule 57). These stereotypes to become consumers and can create schisms in parent-child can affect a healthy self-image and often lead to feelings of relationships (Polloy 23). inadequacy, especially in teen girls. People are “objectified” Another prevailing criticism of advertising is that it by the advertising industry, they are wanted for one thing: to distorts perceptions of healthy body image. In the majority of buy the product or service. Everything that makes us human is mainstream advertisements, whether in magazines or television, “reduced to that of a consumer” (57). there is an “unrealistic standard of female beauty and thinness” Regulatory agencies that keep the amount of fraudulent that is projected as the norm. When a young woman sees these claims to a minimum and help out a lot, but the “soul fraud” advertisements and realizes that her outward image does not as Dinyar Godrej puts it in his article How the Ad Industry Pins quite match up, she will often believe that the best way to us Down, is much worst because it is not as easy to detect. The match up to the projected image is to buy that product. This “images, dreams, and emotions… that we are evolutionary is exactly what the company wants. The ability of the media programmed to engage with” are pasted together in a fashion to shape self-image can be a damaging one that can lead to that toys with our minds (125). This means that we are often eating disorders, depression, or dissatisfaction with one’s self times affected in ways that we do not even realize or even (Lavine; Sweeny; Wagner, 1). Studies are now showing an understand. When an audience views an advertisements they effect in young men as well, with an increase in “awareness of are not actively trying to get anything out of it, so it is not very and concerns about their…bodies and thus increase in body influential at that moment. However, long after the viewing dissatisfaction” (Lavine; Sweeny; Wagner, 3). experience has been forgotten “the effects will show up” (126). The opposition to all of this falls under the belief that Many advertisement critics believe that society can be sent advertising does not effect society negatively and in fact can messages that we do not even know that we are receiving. be beneficial. John E. Calfee, a former Trade Commission In fact, it was in 1913 that the possibilities of “subliminal Economist, argues the point that advertising is beneficial to stimulation was recognized” in advertising (Cutler; McConnell; society. He admits that the main objective of advertising McNeil). Despite this knowledge of almost a century, there is is to persuade the consumer to buy a particular product, a “lack of research based data” on the exact outcomes that can but Calfee believes that the communication lines between occur (Pollay 31.) sellers and buyers are useful to the consumer. He uses some The area in which there is a more visible negative affects specific ad campaigns as examples to demonstrate the ways in of advertisements on humans is the way in which advertising which advertisements deliver what he believes to be “useful” can affect children and teen girls. In “Kid Kustomers,” Eric information for the public.
80 - HOHONU Volume 8 2010 Calfee describes the ways in which companies bring certain may have some undesirable features, they are not as bad as issues to the public’s attention in order to get the public to features of a similar product. Calfee describes this procedure as realize the benefits that a certain product possesses. An example giving the consumer a complete advantage in the “give and take he uses is the Kellogg All-Bran Campaign. Calfee takes us of the marketplace” (124). There are many others who believe back to the 1970’s when the public health experts realized that advertising is more helpful to society than it is harmful. that a diet consisting of more fiber could help prevent cancer. According to Michael Schudson, a professor of sociology The National Cancer Institute wanted to get the word out and communications, advertising has little power over the to the public, but did not have the resources to do so. The consumer, if any at all. In fact, companies may support our Kellogg All-Bran Campaign quickly saw the opportunity in the entertainment with their ads, while receiving little benefit at situation because their cereal contained “nine grams of fiber” all. This is evident in the cases of sponsorship, in events like (117). With the information from the NCI, Kellogg began the Super-bowl or the Olympics. A market research firm running “fiber-cancer ads” (116). did studies on sponsorship of these events and found that Calfee uses this particular case to demonstrate that companies were paying much more and their ads were viewed good information can be passed to the public through much less than their ads on television (Schudson 1). Why advertisements. This was because the awareness of the need to would a company foot the bill to bring us free entertainment? add fiber to the diet went up 31% for women “who do most of Critics may say that this process benefits the company anyway the grocery shopping” (118). Calfee showcased this particular because it builds their credibility. But is that really a bad thing? campaign because the information that consumers obtained did It seems that consumers would benefit from buying products not necessarily cause them to go buy Kellogg All-Bran cereal, from a credible source. Schudson believes the statement that but there was “increased market shares for high-fiber non- advertising causes the consumer to think a certain way is advertised product” (118). questionable. According to Calfee, this is evidence that advertisements In fact, some in the field of marketing have stated that do educate and bring awareness to the public on certain issues. they do not believe that the money they spend on advertising The Kellogg Campaign was followed by many more food convinces the consumer of anything. A particular market products, adding healthy ingredients (such as vitamins, calcium, executive said that the benefit of advertising to the company etc) and advertising the benefits. comes into play when the company is giving a presentation to Calfee reiterates his opinion that advertisements help investors. The company needs to have a good ad campaign in both the seller and the buyer. He also believes that there are order for the stockholders and investors to maintain faith in many cases in which advertisements serve the buyers more the company and keep the capital rolling in, to produce the than the sellers. Companies want to portray the good side products. Some marketers believe that their ads do not affect of their products to the customers but they never advertise the consumer, but does affect the ways in which they are viewed the bad side. However, Calfee believes that the competitive by distributors and retailers (Schudson 2). Sales people do nature of comparative advertisement takes care of that for not want to sell products that they have not heard of before, the buyers. Calfee says that “sellers are less likely to stretch and whether the advertisements influence consumers or not, the truth, whether it involves prices or subtleties about safety the sales people believe that they do, which causes retailers and performance, when they know it may arouse a merciless to have that product in stock to sell. So even if the ad does response from injured competitors” (121). This means that not influence the consumer, as long as the ad can influence if one company advertises their product in a misleading way, the investors, salespeople and retailers, the company will be another company with a similar product can be relentless with prosperous. This produces product availability and that will comparative advertising. shape the consumer choice. According to Calfee, all products have their problems, but From an economic or business standpoint, advertising there is always a similar product that is “less bad” (121). So a has a very positive effect on society because it stimulates the brand will advertise a certain advantage that they have over the economy by producing demand for products and services, similar product, such as “less fat,” “less cholesterol,” etc, The which strengthens the economy (Robbs 7). Advertising can also like-product will then strike-back, ensuing an all out ad war. be seen as positive in the ways it impacts society because it helps According to Calfee, this is beneficial to the buyer because the maintain mass communications media, making them much “struggle brings better information, more informed choices, and less expensive for the public. Without advertisement, many improved products” for the customer (121). forms of mass media such as newspapers, radio, magazines, Competitors will use “less-bad claims” and will spread bad and television, might not exist as they do today (Robbs 8). information on a product because even though their product Although he is a critic of advertising, Richard Pollay admits
HOHONU Volume 8 2010 - 81 that advertising can be beneficial in the way that it can help Works Cited development of consumer skills (21). Calfee, John. “How Advertising Informs to Our Benefit.” Critics have been known to blame advertisements and Consumer Research (1998): 115-129 other media forms for insensitivity to culture differences. Chait, Jay. “Illusions Are Forever.” Best of Te Web 10/02/2000 However, journalism and communication specialist Brett Robbs 1-2. 5 Feb 2009
82 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
case are rarely affected, the poor are greatly distressed. Raised Te Fruit of Good and in a religious family, I have experienced firsthand the burdens of religious institutions. As an illustration of my family, both Evil parents worked minimum wage jobs in American Samoa, raised six children, and served the church, in this case, a Methodist Richard Wei one. English 100T Like most of the older generation, my parents have vowed their commitment to the church though I am uncertain when Twenty five hundred miles southwest of the Hawaiian our service began. I must believe, however, that our service Islands lay the islands of Samoa. Once under the rule of began years before I was born, and lasted long enough that monarchy, the islands are now two dissimilar political entities. before anyone is to eat, the best portion of the meal must be To the east is the United States territory of American Samoa, put aside and taken immediately to the church minister and his initially Eastern Samoa. West of American Samoa is the family. On Sundays, half of our family income is handed over Independent State of Samoa, often referred to as Western and is recorded by the church secretary; the amount is then Samoa. Although politically divided, the two nations are tallied together with other donations and announced before homogeneous. Both speak the same language and share the the congregation; individual families are called out and all principles of the fa’a Samoa (Samoan way): the traditions and donations are disclosed. customs that govern the Samoan people. The fa’a Samoa creates We were considered part of the low-givers at church, a hierarchy that has placed the Samoan culture in a position however. Our donations did not even compare to the wealthy impossible to either overcome or destroy, or at least from as “there are even competitions to see who can give the most. outside influence. While the fa’a Samoa completely shields off Some churches announce the names of winners who can give foreign influences that threaten to change the Samoan culture, the most money” (Governing Body 69). its oppressive means of governance has spurred discontent from On average, a church minister makes about three thousand Samoans. Should change come upon the Samoan culture, it will dollars a month in cash, all of which are tax free. Aside from likely begin from its own people. the income, “the pastor’s house is the largest in the village, The acceptance of Christianity by King Malietoa of Samoa provided for him…by the villagers themselves” (Swaney apparently left quite the impact on the Samoan culture. After 27). Also provided are food and many other services, all to being presented with a copy of the Holy Bible, King Malietoa accommodate who the Samoans claim as the suli vaai’a a le conferred the salutation aofa’alupega (head of all titles, even Atua, roughly translated as “the Seen One of God.” My family, to the title Malietoa) to the first missionaries. From then on amongst others, feels the existence of oppression in any religious church ministers have always inherited the prestige of the institution is unacceptable and should be changed (Swaney 27). nation. They possess dominant power. Their intelligence is Many have questioned the influence and the credibility acquiescence. of certain denominations of Christianity that are found in Samoans believe, through church ministers, families are the Samoan culture. The latter generations have called the blessed and at times, families are cursed. Yearning for blessings, denominations in question “a business.” Some say it is the Samoans serve by giving food and monetary donations to ideal job. Parents still demand that their children become the church minister and family: “[s]ome villagers may even church ministers. The truth is that many “ordinary citizens be pressured to contribute more than thirty percent of their are controlled by…religious institutions,” and because of income to support local pastors and church projects – a burden this, according to Andre Vltchek, a journalist on Asian and increasingly resented by many” (Governing Body of Jehovah South Pacific foreign policy, “out-migration has increased and Witness 69). Samoans leave for more than just economic reasons” (6-7). Resentful people, however, are told that they have failed to Advocates of the various churches in Samoa, conversely, serve God when they forget to give, or just couldn’t afford to. argue that people suffer because of their little faith, and hence Some face public humiliation. Monetary donations collected for they could not withstand the faith. While this may seem church ministers and for church improvements are recited so reasonable because barely anyone understood Christianity as it the congregation is informed of who donated and who did not. first established on the islands, anthropologist Lowell Holmes To avoid shame, families must give. Though the wealthy in this
HOHONU Volume 8 2010 - 83 of the Wichita State University quoted in his book Te Samoan extremely oppressive Samoan society” (Vltchek 7). “…At the Village, a statement of a missionary by the name of Felix village level…local chiefs often decide the religious affiliation Keesing: of village residents,” leaving some people so neglected that I am afraid that from the Christian viewpoint the they may have to find some other village where their religious missions have been rather a failure in Samoa. Instead of denomination is welcomed (Governing Body 69). Such was the accepting Christianity and allowing it to remold their lives case of my late grandmother. to its form, the Samoans have fitted them inside Samoan A couple with three kids searched for a place near the town custom, making them a part of the native culture (68). of Apia to suit the husband’s new job when they were offered Needless to say, families have suffered as a result of the one by my uncle. The couple accepted and moved to stay presence of certain Christian groups in Samoa. With this claim, with us. We were in separate homes but living on communal many have sought other denominations that, rather than exploit land. On our first Sunday together with the family, everybody its members, preach the truth of eternal salvation. A number had left for church that morning except for the family. To have emigrated outside the jurisdiction of the domineering my grandmother’s surprise, the family was Mormon and we churches. In the meantime, critics assert that church ministers were Catholic. My grandmother approached them nicely and have been assigned too much power and therefore have shaped explained: “if you are not Catholic and wish not to be, you may Christianity in order to satisfy their personal greed. Like leave.” That very moment, the family packed and left. Though religious institutions, the matai system has also added to the my grandmother was not a matai, she was the eldest sibling oppression of the Samoan people. of our village’s high chief in Western Samoa. Although harsh, In this dominion sequence is the matai or chief system. situations like this reflect the truth and the reality of the fa’a The word matai means “holder of a title,” and it is an honor Samoa. that is bestowed on someone. The role of the matai is very The fa’a Samoa has also played to the political benefit of complex and interwoven deep into the fabric of Samoan culture matais. As Elise Huffer and Asofou So’o emphasize in their and history. article in Te Contemporary Pacifc: A Journal of Island Afairs: Once elected to lead the family, the matai’s responsibilities “an emphasis on cultural values will provide public officials with are manifold. He serves as a kind of family patriarch who refuge from accountability in public life” (326). Rightfully said, must promote family unity and prestige, administer all politicians in the two countries will either make use of politics family lands, settle disputes among kinsmen, promote or the fa’a Samoa to avoid criticism. religious participation, and represent the family as its As with the ongoing federal cases of several government political spokesman in the village (Tuiteleleapaga 22). officials from American Samoa who were accused of fraud Given the broad description of the task of a matai and and bribery, all have pled not-guilty and have declared the fa’a his powers guaranteed by the culture, the system, like that of Samoa in their defense. A rationale to this approach is that a Christianity, continues to victimize Samoans, sending a chorus matai is expected to cater to the need of his communal family, of disapproval from the very people that ought to be cared for. and the gift-giving manner of Samoans is what makes up the Though said to promote family unity, matais simply do fa’a Samoa. Even if this argument has merit, the gift-giving the opposite. The younger generation, for example, strongly manner of Samoans takes place in ceremonial events, not disapproves of the notion of inequality in the Samoan culture. between two or a few people. Oddly enough, the lawyers of the Mainly in cultural ceremonies, the young ones are expected accused have asked a palagi or white man, an anthropologist, to to serve while the elders eat. If food is left, the youth may eat; be the expert witness in a case where the main issue is the fa’a if there is nothing, the children are told to find something Samoa. else to eat, or just wait for the next meal. At family meetings, To understand the composition of family, and to identify children are expected to attend, not to participate, but to how problems in the fa’a Samoa surface from within, it is serve refreshments and so forth; besides, their presence is important to consider the following illustration: fitting should something be needed. Cognizant of alienation, If a Samoan asked an American, ‘How is your family?’ the children have one thing to blame: the fa’a Samoa. This, the answer would probably be: ‘Mary’ (wife) is at home; unfortunately, has produced an incredible “rate of combined John (son) is in school, Ann (baby daughter) is asleep.’ teenage suicide between the two Samoas known as one of the The same American would then ask the Samoan inquirer, highest in the world together with sexual abuse, domestic ‘How is yours?’ ‘My parents are in church; Sina and violence, and violent crime in general” (Vltchek 7). Mele (sisters), in school; Pai and Lafai (brothers), playing Not only are the young ones oppressed from the matai cricket; Tui (aunt), Tia (uncle), Tasi (cousin) Lua (sister- system, adults have also been victims of the “feudal and in-law), taking a bath; Tolu and Fa (relatives from another
84 - HOHONU Volume 8 2010 village), sleeping,’…Surprised and confounded, the Works Cited American would laugh and ask his Samoan friend what he meant and what kind of a family was that, thinking that “Book of Proverbs.” Te Holy Bible. International Bible Society, he might be joking (Tuiteleleapaga 51). 1984. The dominant rulers in any Samoan household are the “Foreign Policy In Focus: A Tale of Two Samoas.” Foreign parents; therefore, whatever parents say, children do. The Policy in Focus: A Tink Tank Without Walls. 24 Nov. 2009. reality for young Samoans is burdensome because of family’s
HOHONU Volume 8 2010 - 85 86 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
linear dimension, a measurable quantity with a certain direction For the Time-Being: moving from past to future. Another commonly held view of Buddhism, Dōgen, and time is that time is a mental construct used as a measurement system to quantify the motion of objects and the intervals Temporality between sequential events. Thus, time is seen not as a substance of the universe, but as a “substance” of the human intellect. Anthony Ridenour Ancient Indian philosophy saw time as cyclic in nature. Philosophy 302 While the teachings of the Buddha deviated from the Vedantic philosophies prevalent in India at the time, the concept of time Few philosophical and religious traditions around the as cyclic remained. Indeed, the whole of Indian philosophy world can claim such a long history and malleable tradition as (culminating in enlightenment) sought release from the cyclic Buddhism. It has come to mean many things for many people nature of the Samsaric world, or the wheel of becoming. As and has spread to nearly every corner of the earth. As Buddhism stated by Stambaugh, was transplanted here and there, it appropriated itself to the “Dōgen follows Nāgārjuna in his rejection of nirvana surrounding social environment. As such, Buddhist tradition or liberation as something beyond the cycles of birth takes many forms, almost paradoxically at times. Through the and death. But, instead of primarily conceiving of many configurations, however, there are general themes and an “identity” of the cycles of birth and death with concepts that keep Buddhist traditions “Buddhist.” liberation from them, which was Nāgārjuna’s innovative From the beginning, from Shakyamuni Buddha’s insight, Dōgen’s focus appears to be primarily on the enlightenment, the Buddha Way was a practical, viable means nature of “being-time” (the Japanese word is uji) and for human beings to attain supreme liberation from the fetters the possible experience of liberation inherent in it. of life. By the time Buddhism reached the shores of medieval Thus, ... that [orientation] of Dōgen is experiential and Japan, the many Dharmas had been written and commented phenomenological.” on, schools of thought had arisen and fallen, and the real work Here we see a concise description of Dōgen’s philosophic of Buddhist thinkers lied in the details. One such detail was interest: that time is to be understood and experienced as that of time. The problem of time in the history of Buddhist being, as existence itself. Time is nothing other than being thought has often been regarded as a peripheral result of larger itself. To quote Dōgen’s own writings in his seminal work the issues, such as emptiness and causality, Buddha-Nature, and so Shōbōgenzō (specifically the fascicle Uji), “The central meaning forth (Kim, 142). of being-time is: every being in the entire world is related to One such Buddhist thinker of medieval Japan, Zen Master each other and can never be separated from time,” (Nishiyama, Dōgen, wrestled with the problem of time systematically, in Stevens 69). For Dōgen, this is the correct way to view time and true Zen fashion, and came to view the understanding of time existence. He expresses his disdain for the common view of time as central to understanding key concepts such as enlightenment, in the following way: “Do not think of time as merely flying by; practice, duality and non-duality, impermanence, activity, and do not only study the fleeting aspect of time. If time is really existence. Attempted here is a probing into Dōgen’s conception flying away, there would be a separation between time and of time as a means to better and more completely understand ourselves. If you think that time is just a passing phenomenon, these other key concepts of Buddhism. you will never understand being-time”(Kim). Probing the nature of time is certainly not only found in Furthermore, he says: “Indeed, being-time covers Buddhism. The earliest philosophers of the world struggled everything. It is pure Being; in it resolve, practice, with a definition of time. However, it doesn’t take a philosopher enlightenment and detachment are acting, i.e., not different to experience time; everyone has a common-sense notion of from being-time. The eternal present includes limitless space; time. Most commonly (in Western thought), time is seen as a there is nothing beside this” (Kim). With these two quotes, one container, the stage in which all actions and events transpire can grasp that without the understanding of being-time one through some duration. is lost in the fleeting fatalism of durational temporality (time To people such as Isaac Newton, and most scientists, time flying by) where we cling to particulars and imagine time as is fundamental to the nature and structure of the universe; it is a ever flowing past the present moment. With an understanding
HOHONU Volume 8 2010 - 87 of being-time, however, the clinging subsides when one sees the moments, and yet contains all things and all events making it particulars as time and the flowing from this to that is illusory. totally and absolutely free. Dōgen founded the Sōtō school of Zen Buddhism, a In classic Zen paradox, Dōgen expresses this absolute school he brought to Japan from his travels to China in the freedom as obstruction or self-impedance. In the context of 13th century. Zen (or Ch’an Buddhism in China) arose in birth and death, Stambaugh summarizes Dōgen’s view of popularity among other schools such as Hua-Yen and T’ien t’ai. obstruction eloquently (75): Concerning the Hua-Yen school, Ch’an borrowed and expanded That life and death are without before and after, are on certain aspects. While the Flower Garland Sutra played cut off from them, means that before and after do not the prominent role in Hua-Yen, it played a minor yet still constitute a transition out of the present dwelling in a important role in Ch’an Buddhism. Two principles of Hua-Yen dharma-situation. The present moment does not become permeate Dōgen’s ideas, those of mutual identity and mutual (the) past; it does not become it nor does it impede it. interpenetration. A fine description of these is given by Kim, For Dōgen, nothing impedes anything else, only itself. “Mutual identity refers to the nondifferentiated state in which This self-impeding, then, is not any kind of hindrance, antitheses such as one and many, absolute and relative, being but rather penetration, realization. The present does not and nonbeing, and so forth, co-exist in oneness and interfusion. become the past, or impede it, or “touch” it. Mutual penetration refers to the simultaneous origination of all This understanding of the dwelling of a Dharma-position things and events interpenetrating one another in their myriad allows us to come back to a previous observation. Earlier we realms and dimensions” (140). quoted Dōgen as saying, “resolve, practice, enlightenment The “simultaneous origination of all things” occurs and detachment [are] not different from being-time” (Kim). nowhere but the present moment. Seeking this in the past It was always Dōgen’s conviction that enlightenment is no or future one will not find it. Thus, “various formations of different from the resolve and practice of the Buddha Way. discrete events take place in the matrix of the present moment.” That is the Zen Way as a whole; enlightenment is not some Past, present, and future are seen as being, “realized in each end result of the path of right practice, the practice is itself the moment -- one-in-many or many-in-one in the present,” (141). enlightenment. For Dōgen, both practice and enlightenment Dōgen uses these principles as ground for leaping into his own are time. Only when the practice is fully exerted, when one’s activity of expounding the nature of time. He writes succinctly, practice (meditation for instance) is one’s total activity, the “Everything exists in the present within yourself,” (Uji, 70). small self, the ego-self, is forgotten and enlightenment is The present moment is the playing field in which all realized as nothing but being-time. When this path is taken of Dōgen’s expositions are executed. The present moment and understood, all of the sudden the grand body of Buddhist we discuss varies drastically from the typical notion of an thought falls out from it. For instance, the concept of Tathatā infinitesimal quanta of durational temporality, found in a (the nature of things as they are, “suchness”) is just this sequence of quanta set against the backdrop of an arrow of time idea of full exertion, things acting as they are naturally and moving from past to future. Dōgen finds all things dwelling in spontaneously. This is also no different than self-impedance and a “Dharma-position” best described as being, “comprised of a we can begin to understand Dōgen’s statement, “a mountain particular here and a particular now (a spatio-temporal existence mountain-s a mountain, thereby a mountain realizes itself,” in the world), hence, it is inevitably comprised of the existential (Kim 151). Here, a mountain expresses itself as nothing but particularities ... which are observed, compared, judged, and the full activity of being a mountain, thereby realizing itself as a chosen in the dualistic scheme of things,” (Kim 149). So a given mountain. Dharma-position is the composition of existential particularities Until now we have left two large developments of Buddhist in a certain arrangement, which is equivalent to a particular thought and expression out of the discussion. We will discuss here and now. in turn the nature of impermanence and Buddha-Nature These ideas have profound implications. Each present with respect to being-time. If there is anything that pervades moment is the total compilation of all composite things and nearly every aspect of Buddhist development it is that of arrangements, and each arrangement of composite things is impermanence. It is so central as to be directly proportional the total compilation of all present moments. Therefore, each to the Buddha’s first and second of the Four Noble Truths present moment is total and complete in itself. This is the (that is, all things are Dukkha (“suffering,”“upsetting”) because solution to the problem of the flow of time. Time neither flows clinging to that which is impermanent is the root cause of nor remains static; it is activity, it is being. No doubt logical dukkha). Impermanence is even so important as to be labeled paradoxes arise out of such statements and concepts. Each one of the three marks or facts of existence, the other two being moment is discontinuous from all previous and all following nonsubstantiality (śūnyatā or emptiness) and dukkha. The
88 - HOHONU Volume 8 2010 middle path of Zen avoids the extremes of permanence and in some future condition. It is not some substance that impermanence. Thus, it is easy to be confused when reading transmigrates moments as a potential seed of awakening. Zen teachings on the importance of both permanence and Buddha-Nature is not separate from the temporal conditions impermanence. The extreme of permanence can be likened to a of the present moment. It does not come to fruition after right view of eternalism while the extreme of impermanence can be practice, does not actualize at the moment of enlightenment. likened to a view of nihilism. For Dōgen though, permanence The Buddha-Nature is tathatā; it is self-impeding and is understood as, “nonturning or nondualism,” (Kim 135). impermanent. The Buddha-Nature is the resolve, practice, Kim goes on to quote Dōgen, saying, “Nonturning means that enlightenment and detachment of the Buddha Way. Buddha- whether we overcome delusions or are conditioned by them, Nature is being-time. As Dōgen might say, one does not see we are never attached to the traces of their coming and going. one’s original-face without practice, one does not recognize Hence, this is called permanence.” Much of Buddhist practice himself as time without “forgetting oneself” and “casting off the boils down to thoroughly investigating the impermanence body-mind” (Nishiyama trans., Genjōkōan, 1). that is the Buddha’s Four Noble Truths with a grounded body- Dōgen is a unique character in the development of the mind of the permanent and non-attached nature described Buddha Dharma, unique even with respect to the progression by Dōgen. This practice, when done whole-heartedly, is of human intellect. His religion and philosophy are quite linear the enlightenment that is sought, and is thus being-time. in the scheme of eastern traditions, though he advanced them Permanence (nondualism) and impermanence (dynamism) are both by leaps and bounds in his home country of Japan. It then both contained in the ever-present moment, being-time, wasn’t for hundreds of years until Western thinkers, particularly which is altogether momentary. Spinoza and Heidegger, among others (Strambaugh, 23), began Finally, we come to the magnum opus of Mahayana to come to terms with many aspects of metaphysics that Dōgen Buddhism, Buddha-Nature, in the context of being-time. had already encountered and seemingly come to terms with. Indeed, the question of Buddha-Nature was the driving Therefore, Dōgen Zenji’s Shōbōgenzō (The Eye and Treasury force of young Dōgen’s spiritual adventure. “If we already of the True Law) is an acme piece of human wisdom, only a possess the Buddha-Nature, what need is there to practice?” fraction of which is expressed here in regards being-time. (Strambaugh 21). To answer the question, the question must first be analyzed. As stated, it is implied the Buddha-Nature Bibliography is something to be possessed, something with substance and therefore temporal duration. However, all things lack an abiding Kim, Hee-Jim. Dōgen Kigen: Mystical Realist. Tuscon 1987. substance, and no thing exists in the sense of a continuation Nishiyama, Kōsen, and John Stevens, trans. Shōbōgenzō. Vol. 1. from one moment to the next. Some schools interpret the Tokyo, 1975. Buddha-Nature as a potentiality, a seed of sorts, which will bear Stambaugh, Joan. Impermanence is Buddha-nature: Dōgen’s fruit at some time when the right conditions are met. However, Understanding of Temporality. Honolulu, 1990. this lends itself to the conceptualization of the Buddha-Nature actualizing itself at some time in the future. How can this be if all things are expressed as they are only in the present? Yet, Dōgen presses that Buddha-Nature does not, “appear for the first time upon enlightenment,” (21). How can Buddha-Nature spontaneously arise in the present moment without previously existing in some sense beforehand? Perhaps Dōgen himself can shed some light (22), By way of illustration, if you wish to know the Buddha- nature’s meaning might be read, you are directly knowing the Buddha-nature’s meaning. You should watch for temporal conditions means you are directly knowing temporal conditions. If you wish to know the Buddha-nature, you should know that it is precisely temporal conditions themselves. Here Dōgen asserts Buddha-Nature is not separate from temporal conditions, and this assertion falls in line with so many other of Dōgen’s claims. Buddha-Nature does not abide in previous conditions, waiting to be realized spontaneously
HOHONU Volume 8 2010 - 89 90 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
amount of violence shown in television programs has increased Is Television Harmful to tremendously just within the past few years. According to the National Television Violence Study (Year 3: 1996-97) “[…] Children? the way TV violence is portrayed encourages children to learn aggressive behavior […].” The modeling effect occurs when Tabetha Block children reenact what they see on TV. In addition to the English 215 modeling effect, the way violence is portrayed on television Televisions can be found in almost every home in America raises concerns that watching too much TV can lead to and because many children are always in front of them a great desensitizing and an altered concept of violence and its place in debate has arose. Concerned parents have long felt that children the world.5 It has been found that the more a viewer, especially are exposed to excessively graphic, violent, sexually explicit a young one, can personally identify with a character, hero and misleading images on television. This kind of exposure is or villain, he or she is more likely to be influenced by their negatively effecting our children’s young and impressionable behavior. The more physically attractive a character is, the more minds. The entertainment industry disagrees with this claim likely a child is to model its actions, whether good or bad.6 and states there is not enough evidence to prove otherwise. In Other negative effects are disinhibition, the bystander this paper, I will argue that the effects of television viewing on effect and fear. Disinhibition is when a person has a reduced children are harmful. ability to restrain themselves in an impulsive situation. For One reason this is true is recent studies show that children example, “[…] viewers who watch a model rewarded for age two through eighteen spend more time watching TV than performing violently in the media are more likely to experience any other activity, with the exception of sleeping.1 What our a disinhibition effect and behave in a similar manner. But when children see on television today is very different from that of violence is punished in the media portrayal, the aggressiveness several decades ago. Back then, one would never imagine seeing of viewers is likely to be inhibited.”7 When watching repeated kissing or promiscuous behavior, let alone graphic, bloody violence, children can become desensitized to the pain and images rising from the dead. Nowadays, seeing half naked suffering of others. This, in turn, leads to the bystander women in beer commercials and terrifying images of movies effect, when a person witnessing a crime is less likely to help flashed across the screen are everyday occurrences. Not only are another person in need of assistance if there are other witnesses televisions physically bigger, they are more brash and on all the present. Fear has caused many young people to become more time.2 aggressive and carry weapons for protection. The media has From a young age we teach our children not to talk to created the “mean world” syndrome, causing youths to alter strangers, yet we are allowing strangers into our home through their daily routines and avoid certain areas and people out of television viewing.3 Children are easily influenced and will fear of being a victim of violence. This fear has not only caused often model what they see; this is why age is an important people to become more physically aggressive, but, emotionally, factor to consider when children are watching television. Young it can cause stress disorders, anxiety and depression. Fear also children cannot differentiate between what is real and what is influences our dreams, causing nightmares.8 Most often, not. Because of this they become vulnerable to what is shown violent crimes shown on television are unjustified and often go to them on TV, frequently adopting the attitudes and behaviors unpunished, leaving the viewer fearful. The National Television portrayed.4 Some researchers have found that exposure to Study reports that over half of the violent scenes shown on television violence can desensitize children and make them television lack remorse, critique, or penalty for the action. more aggressive. Also, television’s representation of sex has greatly influenced In many homes, television viewing is unsupervised. The the attitudes of children, mainly adolescents. Sexual activity has 1 Susan R Johnson, Strangers in our Homes: TV and our Children’s Minds been portrayed as more of a recreational activity leading many (1999), 2, http://www.waldorflibrary.org/Journal_Articles/Strangers in youths to behave more promiscuously and engage in sex at an our Homes.pdf, and Committee on Public Education, “Media Violence” 9 Pediatrics 108, no. 5 (2001): 1222. earlier age. Within the past few years the amount of sexual 2 Stuart Jefferies, “Is television destroying our children’s minds?” Guardian, 5 Ronald S Drabman, et al, Will Our Children Care? (1977), 44. July 21, 2004, 1. 6 Potter, 33. 3 Johnson, 2. 7 Potter, 33. 4 Committee on Public Education, “Media Violence” Pediatrics 108, no. 5 8 Committee on Public Education, 1223. (2001): 1223. 9 Bowie Kotrla, “Is Exposure to Media Content Harmful to Children?” HOHONU Volume 8 2010 - 91 content shown on television has doubled and in those portrayals was found.”13 Second, the ratings did not warn parents about little is said about the consequences of unprotected sex. the content each rating would contain. Lastly, there was a Although there are other factors that influence teen pregnancy, concern that the ratings would actually attract children to the Journal of Pediatrics recently established a link between programs parents wanted to protect them from. Since then, television viewing and teen pregnancy: “Adolescents who have the guidelines have been revised; although improved, they still high levels of exposure to television programs that contain suffer from problems.14 sexual content are twice as likely to be involved in a pregnancy Opponents of this viewpoint argue that watching television over the following three years as their peers who watch few such creates family togetherness. It is a chance for everyone in the shows, according to a RAND Corporation study.”10 family to gather, watch a program and spend quality time Watching television can lead to other problems as well. As together. This can be true provided the program you are viewing Ron Kaufman says in his article, “How Television Images Affect is appropriate to all ages. Television can also be educational and Children,” “Watching television is a passive event. Children can help develop critical thinking by exposing the viewer to […] remain completely immobile while viewing […]” This different cultures and current events. It can also teach important is also known as the Alpha State. The Alpha State has also values and help develop learning skills. However, too much been linked to children’s obesity. The so called “couch potato” viewing can become harmful, not only emotionally through evolves when the viewer consumes more calories than he or she desensitization but physically through lack of movement and burns. Since watching television is a passive event not many obesity. calories are used.11 There are an enormous amount of junk food Educational programs such as Barney and Sesame Street commercials on TV, many geared towards children. Parents buy have long been recognized for being intellectually engaging. these products at the request of their children and the children However, studies show that watching TV leads to an increase consume them in front of the television, again taking in far too in slow alpha waves within the brains left hemisphere thus many calories than they are using. The more time spent in front putting the child into an alpha state. These shows in particular of a television means less time engaging in physical activities. use distraction techniques such as constantly changing pictures, Another reason to consider the negative effects of television loud startling sounds, flashing colors and close-ups to get watching is that children learn through sensory experiences. a child’s attention; although this may work momentarily it Stimulating those five senses can be critical to the learning still leaves their brain operating in an alpha state.15 Watching process. Watching TV stimulates only two senses, seeing and television deadens a child’s ability for creative thinking; of being hearing. Dr. Susan Johnson has studied the effects of television able to create an internal picture within themselves rather than on these senses and has concluded that the reproduced sound visualize external pictures (from TV) which are imprinted in we hear and the bright, flashing and overstimulating images their minds. we see can cause developmental problems to these two sense Opponents also maintain television is not harmful to organs. Also, “children watching TV do not dilate their pupils children; that it can be nourishing. In his article, “Watching […] the lack of eye movement when watching television is a TV Makes You Smarter,” Steven Johnson discusses the “Sleeper problem because reading requires the eyes to continually move Curve.” The sleeper curve is believed to enhance the cognitive from left to right across the page. The weakening of the eye faculties of today’s youth by challenging the mind through muscles from lack of use can’t help but negatively impact the puzzle solving, pattern detection and deciphering complexities. ability and effort required to read.”12 Aside from its lack of physical impetus, viewing television can There has been an effort to improve the standards of be intellectually stimulating, giving the viewer a good cognitive television viewing; the entertainment industry developed a workout. This may be true for older viewers and adults system of parental guidelines. This system was similar to the but that is not the case for young children, because if their Motion Picture Association of America’s movie rating system underdeveloped cognitive ability. (See Table 1). Though the intentions of these guidelines were Jib Fowles claims television is not harmful to children good, the system had three serious flaws. First, the parents and in his paper, “Violence Viewing and Science,” argues that were surveyed and “an overwhelming support for a content- the research that has been done on the effects of television based rating system as opposed to an age-based system […] on children is inconclusive. There is no comparison between clinical testing and home viewing of television programming. In
Children and Libraries (2007): 50-51. laboratory settings the children involved often don’t know the 10 RAND Corporation, Teen Pregnancy Linked to Viewing Of Sexual Content On TV. ScienceDaily (2008). http://www.sciencedaily.com/ 13 Amy I. Nathanson et al, “Protecting Children from Harmful Television: releases/2008/11/081103084042.htm TV Ratings and the V-Chip”, Parenthood in America, (1998): 2-4. 11 Miller, Television’s effects on kids: It can be harmful. 14 Nathanson, 6. 12 Johnson, 5. 15 Johnson, 6. 92 - HOHONU Volume 8 2010 other children in the room with them, are shown things they Table 1 cannot touch and are usually commanded to watch a program perhaps not to his or her liking, leaving the child feeling (Source: http://www.fcc.gov/parents/parent_guide.html) frustrated, angry and not in control. When children elect to TV-Y (All Children -- This program is designed to be watch television in their home, it is because they want to. They appropriate for all children.) Whether animated or live- are usually in control of the programming being viewed and action, the themes and elements in this program are can enjoy it in a relaxed and safe environment. Whereas in the specifically designed for a very young audience, including laboratory setting, the programming is chosen by someone children from ages 2-6. This program is not expected to else, the viewer is not in control, and the experience can be frighten younger children. uncomfortable and unsatisfying.16 Is it the television program TV-Y7 (Directed to Older Children -- This program being viewed that makes a child aggressive or is it the situation is designed for children age 7 and above.) It may be of being in the laboratory with feelings of frustration and anger, more appropriate for children who have acquired the that lead to aggressive behavior? Evidence shows that exposure developmental skills needed to distinguish between make- to television whether it is short or for prolonged periods has believe and reality. Themes and elements in this program immediate and long term effects on children regardless of the may include mild fantasy or comedic violence, or may setting or surroundings when watching. It is the act of viewing frighten children under the age of 7. Therefore, parents may and what is being viewed that has been known to cause these wish to consider the suitability of this program for their very negative effects and not so much the place of viewing. young children. Note: For those programs where fantasy The effects of television on children is not only a concern violence may be more intense or more combative than other in America, this has long been a topic of concern in the United programs in this category, such programs will be designated Kingdom as well. The International Television Commission TV-Y7-FV. For programs designed for the entire audience, (ITC) agrees that, “children can learn harmful behaviour from the general categories are: the television.”17 TV-G (General Audience -- Most parents would find this In conclusion, evidence supports that the effects of program suitable for all ages.) Although this rating does television viewing on children are harmful, through both not signify a program designed specifically for children, immediate and long-term negative effects. Children should most parents may let younger children watch this program be encouraged to play outside, take up a sport, read a book, unattended. It contains little or no violence, no strong and engage in creative thinking. Families can spend more time language and little or no sexual dialogue or situations. together, playing games, cooking or doing a building project.18 TV-PG (Parental Guidance Suggested -- This program Parents need to take it upon themselves to limit television contains material that parents may find unsuitable for exposure and seek out quality programming for their children younger children.) Many parents may want to watch it with and view it with them whenever possible.19 their younger children. The theme itself may call for parental guidance and/or the program contains one or more of the 16 Jib Fowles, “From Violence Viewing and Science.” in Taking Sides: Clashing Views in Mass Media and Society, ed. Alison Alexander and following: moderate violence (V), some sexual situations (S), Jarice Hanson (2008), 41. infrequent coarse language (L), or some suggestive dialogue 17 Deans, Jason. “ITC admits kids can learn harmful behaviour from TV.” Guardian, November 6, 2000, http://www.guardian.co.uk/media/2000/ (D). nov/06/broadcasting1. TV-14 (Parents Strongly Cautioned -- This program 18 ohnson 7, 8. 19 Media Awareness Network. The Good Things About Television, http:// contains some material that many parents would find www.media- awareness.ca/english/parents/television/good_things_ unsuitable for children under 14 years of age.) Parents are
tv.cfm?RenderForPrint=1. strongly urged to exercise greater care in monitoring this program and are cautioned against letting children under the age of 14 watch unattended. This program contains one or more of the following: intense violence (V), intense sexual situations (S), strong coarse language (L), or intensely suggestive dialogue (D). TV-MA (Mature Audience Only -- This program is specifically designed to be viewed by adults and therefore may be unsuitable for children under 17.) This program contains one or more of the following: graphic violence (V), explicit sexual activity (S), or crude indecent language (L).
HOHONU Volume 8 2010 - 93 Bibliography Harmful Television: TV Ratings and the V-Chip. http:// parenthood.library.wisc.edu/Nathanson/Nathanson.html. Potter, W James. “From On Media Violence.” In Taking Sides: American Academy of Pediatrics, Committee on Public Clashing Views in Mass Media and Society, edited by Alison Education. “Media Violence.” Pediatrics 108, no. 5 (2001): Alexander and Jarice Hanson. 2008. 1222-1226. http://www.pediatrics.org. RAND Corporation, Teen Pregnancy Linked to Viewing Of American Academy of Pediatrics, Committee on Public Sexual Content On TV. ScienceDaily (2008). http://www. Education. “Children, Adolescents, and Television.” sciencedaily.com/releases/2008/11/081103084042.htm Pediatrics 107, no. 2 (2001): 423-425. http://www. pediatrics.org. Christakis, Dimitri A, Zimmerman, Frederick J, DiGiuseppe, David L, and McCarty, Carolyn A., “Early Television Exposure and Subsequent Attentional Problems in Children.” Pediatrics 113, no. 4 (2004): 708-713. http:// www.pediatrics.org. Deans, Jason. “ITC admits kids can learn harmful behaviour from TV.” Guardian, November 6, 2000, http://www. guardian.co.uk/media/2000/nov/06/broadcasting1. Drabman, Ronald S, Thomas, Margaret H, and Gregory J. Jarvie. “Will our Children Care? New Evidence Concerning the Effects of Televised Violence on our Children.” Journal of Clinical Child Psychology 6, no. 1 (1977): 44. Academic Search Premier, EBSCOhost . Federal Communications Commission, http://www.fcc.gov/ parents/parent_guide.html. Fowles, Jib. “From Violence Viewing and Science.” In Taking Sides: Clashing Views in Mass Media and Society, edited by Alison Alexander and Jarice Hanson. 2008. Jefferies, Stuart. “Is television destroying our children’s minds?” Guardian, July 21, 2004. http://www.guardian.co.uk/ society/2004/jul/21/childrensservices.socialcare Johnson, Steven. “Watching TV Makes You Smarter.” New York Times, April 24, 2005, http://query.nytimes.com/gst/ fullpage.html?res=9904EEDF1F3EF937A15757C0A96 39C8B63&scp=2&sq=watching%20tv%20makes%20 you%20smarter&st=cse. Johnson, Susan R. “Strangers in our Homes: TV and our Children’s Minds.” (1999) http://www.waldorflibrary.org/ Journal_Articles/Strangers in our Homes.pdf . Kaufman, Ron. How Television Images Afect Children. Kill Your Television-Children And TV. http//www.turnoffyourtv. comhealtheducationchildren.html. Kotrla, Bowie. “Sex and Violence: Is Exposure to Media Content Harmful to Children?” Children & Libraries: Te Journal of the Association for Library Service to Children 5, no. 2 (2007): 50-52. Academic Search Premier, EBSCOhost. Media Awareness Network. “National Television Violence Study Year Three: 1996-97.”http//www.media-awareness.ca . Media Awareness Network. “The Good Things About Television.” http//www.media-awareness.ca. Nathanson, Amy I, Cantor, Joanne. Protecting Children from 94 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
(high yields, particular disease resistance) as outweighing their Out of Teir Fields, risks. The E.U. adheres to a precautionary principle, probably because of recent food scares such as Mad Cow disease. Out of Teir Diets They believe in devoting more time and study to the risks of Te 2002 Food Crisis Reveals GMOs, and the general European consensus is that GMO risks (inadvertent cross-pollination, unknown health effects) Why GMOs Do Not Belong in outweigh the benefits.2 U.S. grain sales to Europe severely Africa declined after the U.S. began growing mostly GMO crops in the mid-1990s. It is likely that the decline in sales to Europe, Holly Miller and Africa’s tight trade relationships with the E.U. caused the English 215 U.S. to use the African food aid as a sort of “Trojan horse” to split open the African market (and eventually the European In 2002, several African countries experiencing acute food market by way of African exports) for GMOs.3 Zambia was shortages took issue with genetically modified (GMO) corn particularly concerned by the possible contamination of baby that the United States offered as food relief. Some countries corn and honey exports to Europe, and more generally for all eventually took the aid, while others accepted it only once organic exports.4 In the article ‘The Political Economy of Food milled, and Zambia never accepted it at all. The U.S. refused Aid in an Era of Agricultural Biotechnology,’ Jennifer Clapp to provide monetary aid to the countries, and only provided argues that from its beginning, U.S. food aid was “a mechanism non-GMO aid to Zambia after intense pressure from the for surplus disposal and export promotion in the United international community. The U.S. claimed the European States.”5 Although she acknowledges that the politicization of Union had manipulated and scared the countries into refusing food aid diminished in the 1990s due to a shrinking surplus, the aid, therefore exacerbating the hunger problem. The E.U. she asserts that the new debate over GMOs with the E.U. and accused the U.S. of using GMO relief to hasten its inclusion the growing surplus of GMO corn in the U.S. have reignited on the world market, particularly because the E.U. refuses to America’s tendency to use food aid as a political tool.6 In the import many GMOs. The African nations explained their article ‘Feeding the famine? American food aid and the GMO concern was over their future agricultural trade relationships debate in Southern Africa,’ Noah Zerbe argues that with the E.U. and with the health of their people who would the [ U.S.] provision of assistance to Southern Africa was be eating the GMO food. This turbulent situation brought primarily intended to secure particular foreign policy the debate over GMOs to the forefront of world issues. While objectives of the US government—in this case, promoting some parties argued that GMOs are perfectly safe for human the cultivation of biotech crops, expanding market access consumption and will provide the high yields necessary to and control of transnational agricultural corporations, and feed the hungry in Africa, others argued that GMOs have no isolating Europe in the GMO debate.7 place in Africa where farmers can not afford to jeopardize their The U.S. denies this accusation and accuses the E.U. of trade relationships or become tethered to licensing agreements. allowing Africans to starve because of their fear of GMOs. While health concerns are valid and must be taken seriously, Regardless of whether Clapp’s or Zerbe’s interpretations are false the economic reasons to refuse GMOs provide an irrefutable or not, the debate is being played out in Africa where starving argument against them. Until the African nations are in a people do not have the luxury to entertain such a forum. It position to accept GMOs without perceived risk, both in regard Biotechnology,” Global Governance 11, (2005): 477. to their health and their economies, all genetically modified 2 Clapp, “The Political Economy of Food Aid in an Era of Agricultural Biotechnology,” 478. crops should be kept out of their fields and their diets. 3 Sarah Lieberman and Tim Gray, “GMOs and the Developing World: A Part of the issue that arises in regard to GMO food aid Precautionary Interpretation of Biotechnology.” British Journal of Politics & International Relations 10, (2008): 401. in Africa are the very different ways in which the U.S. and the 4 Noah Zerbe, “Feeding the Famine? American Food Aid and the GMO E.U. interpret GMO safety. The U.S.’s position on GMOs is Debate in Southern Africa,” Food Policy 29, (2004): 600. 5 Clapp, “The Political Economy of Food Aid in an Era of Agricultural that “there is minimal risk attached to them, and that because Biotechnology,” 469. of this a precautionary approach in their adoption is not 6 Clapp, “The Political Economy of Food Aid in an Era of Agricultural warranted.”1 The U.S. typically sees the benefits of GMOs Biotechnology,” 470. 7 Zerbe, “Feeding the Famine? American Food Aid and the GMO Debate 1 Jennifer Clapp, “Te Political Economy of Food Aid in an Era of Agricultural in Southern Africa,” 594. HOHONU Volume 8 2010 - 95 is unfair to ask them to either accept GMO food or starve. development and weakened the immune systems of laboratory Accepting GMOs as food aid is a threat to African peoples’ rats.13 Proponents of biotechnology argue that Americans have beliefs about food safety, even if those beliefs are a result of been eating GMOs without incident, and that there is no non- European influence. Donating cash aid instead of in-kind aid refutable proof that GMOs are unsafe.14 Norman Borlaug, the may not chip away at the mountains of surplus corn in the U.S. 1970 Nobel Peace Prize laureate and biotechnology advocate, or open up a new market for GMOs, but it is arguably more argues that “To date, there is no reliable scientific information manageable for the United States to accept this concession than to substantiate claims that transgenic crops are inherently it is for Africa to wait for food while they starve. hazardous.”15 However, there is no conclusive evidence that Some experts argue that Africa was ultimately at fault for transgenic crops are inherently safe, according to a large section their own hunger because they folded to the E.U.’s wishes. of the scientific community. Notably, most studies conducted Gerald D. Coleman, a Catholic clergyman and advocate on GMOs are funded by private institutions in developed of GMOs, argues in his article “Is Genetic Engineering the nations. Asking Africa to accept GMOs into their diets and Answer to World Hunger?” that: “It was a moral disgrace that their economies is asking them to accept a product that their in 2002 African governments gave in to [GMO] opponents scientists have not been able to test with the same vigor as the and returned to the World Food Program tons of [GMO] developed nations. This problem did not escape Zambia. In corn simply because it was produced by U.S. biotechnology.”8 response to the GMO aid that the U.S. offered, Zambia sent a Coleman’s assertion is misguided. small group of their scientists to study the issue. They traveled The Zambian president Levy Mwanawasa explained, “the to the U.S., South Africa, and Europe, and concluded that rejection is not intended to demean those who had donated GMOs should not be accepted.16 The scientists determined it, rather it was done to protect the long-term interest of the that accepting the aid could endanger biodiversity in local Zambian people and the environment.”9 Regardless of whether corn varieties; that introduction of GMOs into Zambia could the U.S. or the E.U. is right about GMO food safety, it is a threaten the European export market; and that the U.S.’s secondary issue to the more important economic relationships claims of GMO safety were inconclusive, particularly regarding between Europe and Africa. After the 2002 crisis had subsided, “toxicity, allergenicity and antibiotic resistance.”17 Even if Zambia started exporting non-GMO food, allowing its GMOs would be perfectly safe to consume, Zambia did not economy to begin the recovery process.10 If GMO seeds had cave to the E.U.’s precautionary stance. They did their own entered the Zambian agricultural sector through food aid, research and decided the risk was too high. The U.S. must they would not have been able to export GMO-free food. respect the fact that African countries have the right to adopt Obviously, it was the right decision for Zambia to reject GMO the precautionary principle. aid. The U.S. must begin providing cash donations for food aid Beyond the issues of trade relations and human safety lies instead of in-kind aid while the debate over GMOs plays out in the threat of purposeful cultivation of GMOs in Africa. The the developed world; or the U.S. must cultivate and separately typical small farmer in Africa cannot afford the licensing fees store non-GMO food for emergencies. and expensive GMO seeds on a regular basis. This is proved The United States eventually offered to mill the GMO time and time again by the fact that they so often need food aid corn for the African countries, yet Zambia still refused to accept because of crop failure. They certainly do not have the money it. Zambia claimed that “any health problems that might arise to consistently renew licensing agreements or purchase GMO from eating GMOs would be too costly to address.”11 The seeds. For example, several African farmers who purchased reasoning was that Zambian people consume much more expensive GMO cotton seeds with the intention of increasing corn than Americans do, suggesting that there is no scientific their production went into debt because the GMO yields evidence to prove that a diet consisting of such an amount 13 Mae-Wan Ho et al., GMO Free: Exposing the Hazards of Biotechnology of GMO corn is safe.12 In fact, many experts do claim that to Ensure the Integrity of Our Food Supply, (Ridgefield, Connecticut: GMOs are unsafe to eat. One oft-cited study was conducted by Vital Health Publications, 2004), 22 and Roberto Verzola, “Genetically Engineered Foods Have Health Risks”, in Genetically Engineered Foods, Arpad Pusztai for the Rowett Research Institute. Pusztai found ed. Nancy Harris (San Diego, CA: Greenhaven Press, 2004), 38. that GMO potatoes sometimes caused internal organ mis- 14 Florence Wambugu, “Why Africa Needs Agricultural Biotech,” Nature 400. (1999): 15 and Norman Borlaug, “The Second Green Revolution,” 8 Gerald D. Coleman, “Is Genetic Engineering the Answer to World in Agriculture, Human Security, and Peace: A Crossroad in African Hunger?,” America, February 2005, 17. Development, ed. M.Taeb and A.H. Zakri (West Lafayette, Indiana: 9 Lieberman and Gray, “GMOs and the Developing World: A Purdue University Press, 2008), 150. Precautionary Interpretation of Biotechnology,” 404. 15 Borlaug, “The Second Green Revolution,” 150. 10 Ibid, 404. 16 Clapp, “The Political Economy of Food Aid in an Era of Agricultural 11 Clapp, “The Political Economy of Food Aid in an Era of Agricultural Biotechnology,” 479 and Zerbe, “Feeding the Famine? American Food Biotechnology,” 472. Aid and the GMO Debate in Southern Africa,” 599. 12 Clapp, “The Political Economy of Food Aid in an Era of Agricultural 17 Zerbe, “Feeding the Famine? American Food Aid and the GMO Debate Biotechnology,” 473. in Southern Africa,” 599-600. 96 - HOHONU Volume 8 2010 were not significantly higher than conventional seed yields.18 realized from patent infringement.22 In the Monsanto Norman Borlaug wrote, Web site article “Why Does Monsanto Sue Farmers Who I am particularly alarmed by those who seek to deny small- Save Seeds,” the company wrote that not suing “would be scale farmers of the Third World—and especially those in sub- unfair to the farmers that honor their agreements to let others Saharan Africa—access to the improved seeds, fertilizers, and get away with getting it for free.”23 In regard to monetary crop protection chemicals that have allowed the affluent nations settlements, Monsanto representative Chris Reat said that the luxury of plentiful and inexpensive foodstuffs which, in “Our goal has never been to put anybody out of business. The turn, has accelerated their economic development.19 terms of the settlement have been extended through years . . . While Borlaug is right that fertilizers and improved seeds to let the grower . . . try to fit that settlement into his farming have increased crop yields in the developed world, the missing operation.”24 But paying off settlements to Monsanto doesn’t piece is the cash required to purchase these inputs and build fit anywhere in the farming operations of poor African farmers. the extensive irrigation and pesticide systems necessary to make While this may fly in the U.S. where national food security is high-tech agriculture work. Borlaug does not grasp that the negligibly affected by picking off patent infringers, Africa needs “luxury of plentiful and inexpensive foodstuffs” was achieved to maintain a nurturing environment for all farmers in order only by heavy investment—that is, investment that Africans to ensure its food supply. If some African farmers fall victim cannot afford.20 Those seeking to deny Africans of GMOs are to marketing campaigns for GMOs and decide to give them a attempting to save those farmers from a fate of licensing fees try, there will be negative consequences for those farmers, their and seed-buying cycles. Africa, with the help of the developed farming communities, and their local food security. First, if world, may eventually be in a position to use high-tech methods the GMO farmer wants to switch back to non-GMO crops and GMO crops, but now is not the time. The infrastructure in the future, they must either have a non-GMO seed source and a low-risk economic environment must arrive before saved or would have to purchase non-GMO seeds. Second, any GMOs do. GMO seeds that survive and grow into plants would threaten Africa’s current risk in adopting GMOs is extraordinary. In the integrity of their non-GMO crops by cross-pollination. the briefing “Genetically Modified Crops in Africa: Implications Third, any neighboring farmers whose crops were compromised for Small Farmers,” Devlin Kuyek wrote: by GMO pollen could become targeted by biotechnology Once a farmer chooses to plant GM crops, it becomes corporations for inadvertent patent infringements. Lastly, it very difficult to rethink that choice, particularly in the is unethical for the developed world to allow Africa to become face of aggressive marketing and sales campaigns by the entangled in the kind of situation in which their ability to manufacturers and the widespread endorsement of such produce their own food is on the line. The risks are too great. crops by government agencies.21 The world cannot allow GMOs where acute hunger problems Any seeds saved from the GMO crops would be an and poverty thrive, at least until patenting laws are redesigned infringement on patents if the proper licensing is not purchased to benefit small African farmers. the next year. If a neighbor grows a non-GMO version of the There is another glaring economic reason why African same crop and experiences inadvertent cross-pollination, they countries cannot cultivate GMOs without serious risk. Almost would be in violation of copyright laws as well. Essentially, no GMOs have been developed for use in Africa. Most GMOs several non-GMO farmers could suffer from just one farmer were developed by private corporations for wealthy nations planting GMOs. This means that the risk of planting GMOs such as the United States and Canada. They were specifically is spread across a community of farmers, whereas any benefits designed to thrive in middle latitudes in high-input monocrops. could only be realized by a single farmer. Africa has extremely varied climates and little advanced The same problem is experienced right here in the U.S., agricultural infrastructure. Maarten Chrispeels, in his article and farmers are losing their livelihoods over it. The large “Biotechnology and the Poor” wrote about GMO development: biotechnology company, Monsanto, argues that the benefits True enough, the big corporations are not working on of GMOs, which they cite as reduced pesticide reliance and the crops of the poor, such as cassava, millets, sorghum, reduced water needs, outweigh any drawbacks that may be sweet potatoes, yams, and legumes (other than soybeans). 18 Lieberman and Gray, “GMOs and the Developing World: A Furthermore, they are not giving away their technology to Precautionary Interpretation of Biotechnology,” 406. 19 Norman Borlaug, “Feeding a World of 10 Billion People: The Miracle 22 E. Freeman, “Why Does Monsanto Patent Seeds?,” http://www.monsanto. Ahead,” In Vitro Cellular and Developmental Biology, Plant 38, no. 2 com/monsanto_today/2008/monsanto_patent_seeds.asp. (2002): 227. 23 Monsanto Company Online, “Why Does Monsanto Sue Farmers Who 20 Ibid, 227. Save Seeds?,” http://www.monsanto.com/monsanto_today/for_the_ 21 Devlin Kuyek, “Genetically Modified Crops in Africa: Implications for record/monsanto_saved_seed_lawsuits.asp. Small Farmers.” Genetic Resources Action International, August 2002, 24 E. Freeman, “Settling the Matter,” http://www.monsanto.com/monsanto_ 13. today/2008/saved_seed_settlements.asp. HOHONU Volume 8 2010 - 97 poor countries because they want to recover the costs of their patenting and cost issues, GMOs can only exacerbate the their investments in biotechnology.25 economic and social causes of hunger in Africa. This speaks directly to one of the biggest flaws in the If not GMOs, what? As McDonagh explained, there are argument for GMOs as cures for hunger. Florence Wambugu, many contributors to hunger that have nothing to do with the director of the International Service for the Acquisition of actual crop yields. While food aid will probably continue to Agri-Biotech Applications, argues that “The African continent, be needed by Africans, the world can begin to address in more more than any other, urgently needs agricultural biotechnology, earnest the underlying causes of hunger in Africa, particularly including transgenic crops, to improve food production.”26 HIV/AIDS, residual debt, and failing public services. Instead of But GMOs will not “improve food production” if they giving as much in-kind aid or cash, the U.S. could donate and can’t thrive there.27 For GMOs to truly do good, there would build more efficient agricultural infrastructure like irrigation have to be significant investment by the African public sector to and water retention systems. Instead of subsidizing as much develop technology specifically for free use by African farmers. GMO corn, special subsidies could be made for non-GMOs, If those impoverished countries did start GMO development, once again opening up the European market and ensuring their trade relationships with Europe that rely on producing non-GMO availability for emergency aid. In this way, the U.S. GMO-free products would have to either dissolve, or Europe’s would still be getting a return on their investment. Many stance on GMOs would have to change. experts also argue that there are alternative ways to address the Food production problems are not the only reasons why low yield of typical African farms. For example, in the article people go hungry. In the article “Genetic Engineering is Not “Linking Agricultural Biodiversity and Food Security: The the Answer,” Sean McDonagh argues that “Hunger and famine Valuable Role of Agrobiodiversity for Sustainable Agriculture,” around the world have more to do with the absence of land Lori Ann Thrupp argues that sustainable practices such as reform, social inequality, bias against women farmers and the crop rotation, integrated pest management, green manures, scarcity of cheap credit and basic agricultural tools than with and cover cropping would boost yields while preserving the the lack of agribusiness super-seeds.”28 He cites the example of local ecology.33 There are other studies that have found that Brazil: they are world’s third largest food exporter, yet one fifth intensified organic agriculture has the ability to increase crop of Brazilians suffer from hunger. The 2002 African crisis is yet yields without requiring the investment risk that high-input another example of hunger caused by myriad reasons.29 Noah crops and GMOs need.34 Essentially, alternatives to GMO Zerbe argues that “. . . [Africa] faced critical food shortages cultivation abound. While the debate over biotechnology plays caused by a complex combination of factors, including climatic out in the developed world, Africa can turn to these alternatives shocks, HIV/AIDS, structural adjustment, debt, collapsing to improve their food security. public services, and poor governance.”30 It is obvious that The 2002 food crisis forced underdeveloped Africa to GMOs do not offer a solution to all of these problems. Even become embroiled in the world debate over GMOs. Armed GMO advocates admit that they are not a cure-all. Although only with data offered to them by the West, Africa had to Maarten Chrispeels believes GMOs are an important part of make quick and difficult decisions about the future of food and the solution to hunger, he readily admits that they are “only one agriculture there. When several African countries took issue tool.”31 Gregory E. Pence, a bioethics professor and proponent with the GMO aid, the U.S. accused the E.U. of manipulating of GMOs, artfully explains, “How a tool is used depends on the Africa with their fear of biotechnology. The E.U. accused the person using it: a hammer can build a house or kill someone. U.S. of using food aid as a political tool instead of humanitarian So with GM plants.”32 It only makes logical sense that GMOs relief. The African countries claimed that the critical reasoning should be kept out of Africa now while they pose a threat to for rejecting the aid was to protect their fragile internal and the very food security they are supposed to address. With export economies. Today, almost eight years later, the world 25 Maarten Chrispeels, “Biotechnology and the Poor,” Plant Physiology 124, has been able to carefully review this situation. Hindsight and (2000): 2. evidence prove that the African countries were right to refuse 26 Wambugu, “Why Africa Needs Agricultural Biotech,” 15. 27 Ibid, 15. the aid. Patenting laws have not been redesigned to benefit 28 Sean McDonagh, “Genetic Engineering Is Not the Answer,” America, small African farmers, and few publicly-funded GMOs have May 2005, 10. 29 Zerbe, “Feeding the Famine? American Food Aid and the GMO Debate been developed for cultivation in Africa. Europe’s position in Southern Africa,” 594 and Clapp, “The Political Economy of Food Aid in an Era of Agricultural Biotechnology,” 472. 33 Lori Ann Thrupp, “Linking Agricultural Biodiversity and Food Security: 30 Zerbe, “Feeding the Famine? American Food Aid and the GMO Debate The Valuable Role of Sustainable Agriculture,” International Affairs 76, in Southern Africa,” 594. no. 2 (2000). 31 Chrispeels, “Biotechnology and the Poor,” 5. 34 Catherine Badgley et al., “Organic Agriculture and the Global Food 32 Gregory E. Pence, “Genetically Engineered Foods Will Help Stop World Supply,” Renewable Agriculture and Food Systems 22, no. 2 (2006): 94 Hunger,” in Genetically Engineered Foods, ed. Nancy Harris (San Diego, and Brian Halweil, “Can Organic Farming Feed Us All?,” World Watch CA: Greenhaven Press, 2004), 59. 19, no. 3 (2006). 98 - HOHONU Volume 8 2010 on GMOs has changed little, and Africa’s trade relationships Lieberaman, Sarah and Gray, Tim. “GMOs and the Developing with the European Union remain crucial. Yet, the dispute over World: A Precautionary Interpretation of Biotechnology.” GMOs continues to rage between the U.S. and the E.U. The British Journal of Politics & International Relations 10, world cannot allow this debate to be taken to Africa again. For (2008): 395-411. now, the U.S. and the E.U. should provide non-GMO food McDonagh, Sean. “Genetic Engineering Is Not the Answer.” aid when needed while Africa uses the variety of alternatives to America, May 2, 2005, 8-10. GMO agriculture available. Until all facets of biotechnology, Monsanto Company Online. “Why Does Monsanto Sue including health concerns, patents, and trade relationships are Farmers Who Save Seeds?” http://www.monsanto.com/ resolved in favor of African people, GMOs must be kept out of monsanto_today/for_the_record/monsanto_saved_seed_ their agricultural sector and food relief. lawsuits.asp. Pence, Gregory E. “Genetically Engineered Foods Will Help Bibliography Stop World Hunger.” In Genetically Engineered Foods, edited by Nancy Harris, 57-59. San Diego, CA: Badgley, Catherine, Jeremy Moghtader, Eileen Quintero, Emily Greenhaven Press, 2004. Zakem, M. Jahi Chappell, Katia Aviles-Vasquez, Andrea Thrupp, Lori Ann. “Linking Agricultural Biodiversity and Food Samulon, and Ivette Perfecto. “Organic Agriculture and Security: The Valuable Role of Sustainable Agriculture.” the Global Food Supply.” Renewable Agriculture and Food International Afairs 76, no. 2 (2000): 265-281. Systems 22, no. 2 (2006): 86-108. Verzola, Roberto. “Genetically Engineered Foods Have Health Borlaug, Norman. “Ending World Hunger. The Promise of Risks.” In Genetically Engineered Foods, edited by Nancy Biotechnology and the Threat of Antiscience Zealotry.” Harris, 38-42. San Diego, CA: Greenhaven Press, 2004. Plant Physiology 124, (2000): 487-490. Wambugu, Florence. “Why Africa Needs Agricultural Biotech.” Borlaug, Norman. “Feeding a World of 10 Billion People: Nature 400. (1999): 15-16. The Miracle Ahead.” In Vitro Cellular and Developmental Zerbe, Noah. “Feeding the Famine? American Food Aid and the Biology, Plant 38, no. 2 (2002): 221-228. GMO Debate in Southern Africa.” Food Policy 29, (2004): Borlaug, Norman. “The Second Green Revolution.” In 593-608. Agriculture, Human Security, and Peace: A Crossroad in African Development, Edited by M.Taeb and A.H. Zakri, 131-155. West Lafayette, Indiana: Purdue University Press, 2008. Chrispeels, Maarten J. “Biotechnology and the Poor.” Plant Physiology 124, (2000): 3-6. Clapp, Jennifer. “The Political Economy of Food Aid in an Era of Agricultural Biotechnology.” Global Governance 11, (2005): 467-485. Coleman, Gerald D. “Is Genetic Engineering the Answer to World Hunger?” America. February 21, 2005, 14-17. Freeman, E. “Why Does Monsanto Patent Seeds?” http://www. monsanto.com/monsanto_today/2008/monsanto_patent_ seeds.asp. Freeman, E. “Settling the Matter.” http://www.monsanto.com/ monsanto_today/2008/saved_seed_settlements.asp. Halweil, Brian. “Can Organic Farming Feed Us All?” World Watch 19, no. 3 (2006): 18-24. Ho, Mae-Wan and Lim Li Ching, with others. GMO Free: Exposing the Hazards of Biotechnology to Ensure the Integrity of Our Food Supply. Ridgefield, Connecticut: Vital Health Publications, 2004. Kuyek, Devlin. “Genetically Modified Crops in Africa: Implications for Small Farmers.” Genetic Resources Action International, August 2002, 1-20.
HOHONU Volume 8 2010 - 99 100 - HOHONU Volume 8 2010 d d d d d d d d d d d d d d d d d d d d d d
Consumerism Revealed Katherine Jane Pope English 315
“Consumption becomes problematic, from a social and environmental standpoint, when it becomes conspicuous, motivated more by a need for belonging, social acceptance and status then survival.” Nelson Harvey, What’s So Bad About Consumerism? In highly developed countries, people long to fulfill every passing need and desire. Many go to school seeking the high paying job that will provide the big house, fancy car, electronic toys, and anything else in between. However, people tend to blur the lines between necessity and luxury. They become engrossed in acquiring more and more. This habit eventually turns into an addiction, one that fuels the consumerist economy in the United States. Fig. 1. Gasol Many of the products we consume are produced at the expense of less affluent countries. As we walk through shopping malls, consume fast food, and continuously fill fuel needed from this vehicle comes from nature. A unity is our gas tanks, people from around the world slave to fulfill a thus created between the manmade machine and the natural quota employed by large corporations. This quota serves the environment. However, informed readers know that because consumerist nations like the U.S., but are priced by the low of the way fuel is processed for vehicles and in turn how the pay and unhealthy work conditions of employees working in vehicle burns the fuel it uses, ill-effects are imposed upon the those international third-party contracts. Yet this is only a small planet. There is no harmony at all. reflection of the numerous problems that continue to plague The tiny triangles trickling down at the top of the picture the world. to fill it in may symbolize the steps to getting to this moment in The fast pace of our modernized society, obsession with time, or “every turn” as stated in the campaign slogan. Beneath acquiring more, and the complexities of our personal lives the picture there is a small paragraph that promotes Citgo as a seem to blind most from the global issues that wreak havoc on reliable source of fuel; the company continues to strengthen the lesser nations. Mainstream media fuels this behavior; constant ad’s theme of dependability. advertisements keep our eyes dilated and pocketbooks open. Two modes of persuasion are at work here. Citgo’s ethos By analyzing the components of visual rhetoric expressed appeal resides in their mentioning that each station is locally in modern media, we can understand why and how our owned and independently operated; the consumer does not core human emotions can be evoked. Furthermore, our need to deal with the complicated structure of a big business understanding of it can expand our awareness to the point hierarchy. Citgo claims to be a “dependable source of energy,” where we might reevaluate how we think about consumerism in the paragraph ensuring the company’s validity. The pathos and its effects. appeal works off familial connection through an American “There at Every Turn” focuses on families creating happy pastime. Both the father and son are grinning in delight, and memories. This creates an assumption that you not only need the young boy is captured mid-air; he soars with delight in a car, but also Citgo’s fuel to get you there. Figure 1 depicts a anticipation of the day ahead. smiling father and son in the foreground, fishing gear in tow. The primary audience for such an ad can be anyone with The RV in the background is out of focus; evidently Citgo has a family. The secondary audience may include anyone who taken care of the necessities so your focus can shift to more owns a vehicle. In either case, observers will respond to the important aspects of life. Additionally, the RV is made a part ad differently. Some might react in the way the ad intended: of the background of the natural environment. Indeed, the they feel comfort in knowing the product can meet their HOHONU Volume 8 2010 - 101 family’s needs. Others may find the ad appalling and interpret of disorder and desolation in the scene. Trash is scattered on the it as another maneuver of a capitalistic society obsessed with ground from left to right of the entire frame. Poverty, hunger, consumption. People with a more economic approach might and pollution abound. This sends the message that human- ridicule the ad for its promotion as a reliable source of fuel created debris is an endless part of the tiny country’s landscape. given there is no guarantee how much of the resource is left. Empty, used, destructive, fleeting, lacerated, dirty, and entropic They will regard the notion that gas companies can help one forces weigh heavily upon the land from one end to the next. It “pursue their dreams” as far-fetched considering the price of a is a place devoid of human life- except for a young girl in a pink gallon. Readers with a more ecocentric outlook may criticize dress. Citgo and fuel companies alike since burning fossil fuels has The little girl appears to parallel the deprived soil; she is been proven detrimental to the environment. Others still will small, and her expression conveys a sense of profound anguish feel apathetic toward the ad. Those people are perhaps numb to and despair. This is intensified by the chaotic heap she stands the continuous advertisements imposed upon them. Although upon. In the background, wind and overcast skies indicate an the Citgo ad is simply selling gas, there is a complex mechanism approaching storm. The air behind is a smoky haze. She stands reflecting the larger consumerist market at work. Breaking alone. She is abandoned, as is the land. down the ad into its parts, helps one to look past the surface There is some optimism amid all this doom and gloom reality the promotion tries to create and into the deeper issues however. The pink colors in the girl’s sandals and dress are that affect the economy. cheery and bright. Additionally, there is lace on her sleeve and While advertisers for the Citgo ad sell the ideal of a secure floral print on her skirt. While certainly sad in expression, her future, the visual rhetoric of the Haitian photo attempts to health seems to be intact. She does not appear to be sick. Her expose how consumerism can debase human lives in less dress flows in the wind, further contributing to the passing powerful, more vulnerable countries. In the photo, a young, quality of the scene. All of these may serve as threads of hope to skinny girl stands at the foreground of a trash covered land. The contrast the mess around her. building seems to be decomposing and there is a thick smoke If so, the message becomes, “Please don’t give up on me. in the background. There is a corresponding article discussing Despite all of this I am still here.” It encourages the reader that soil degradation in Haiti. It explains how Haiti’s soil lacks it is not too late to make right something even though it has fertility because other countries have exploited Haitian forests gone so incredibly wrong. Perhaps like the youth that is sure to and goods for years. Deforestation has caused a significant loss fade from her, eventually the state of this little girl’s land will in trees and soil, and the process continues as the fuel-wood- too. This would mean that the most fertile days are yet to come. charcoal industry dominates Haitian lands still today. Thus, The primary audience for the article could be anyone Haitians go hungry because they lack healthy soil for their own interested in educational literature. The picture offers a powerful agriculture. Furthermore, any income the Haitians receive does message; it shows the reality of many places in the world not afford them the high prices of imported goods. and garners sympathy from the reader while simultaneously The elements of this photograph coalesce to create a tone suggesting that there is still hope for tomorrow. Indeed, the visual rhetoric will at least force the reader to ask, “What kind of future we are leaving for our children?” Consumerism not only affects people in poverty-ridden countries such as Haiti, it also impacts people who live in the heart of a consumerist economy. From transportation, waste management, and home construction, to industrial businesses of mass production, each of the sectors of urban life contribute to the overall degradation of the quality in the abiotic environment. That is to say, the processes of economic development and sustainability use toxic chemicals that emit poisonous gases, carcinogens, and other dangerous substances into the air and water. Los Angeles, Mexico City and Hong Kong are just a few of the many cities that contribute copious
Fig. 2. Tyler Hicks, Haitian Soil amounts of pollutants into the environment everyday. As the photo from greenpeace.org of the masked Chinese suggests, some places have such high levels of pollutants in the air that people must take extra measures in order to simply
102 - HOHONU Volume 8 2010 that consumerism is responsible for the destruction of our planet. The black background suggests the earth is fading into darkness; a dark age is imminent. Black also symbolizes the grim permanence of death, or worse- extinction. Who or what is responsible for the deconstruction of the planet? The answer is people, as the big human footprint in the poster suggests. The footprint is not the imprint of an actual bare skin foot, however. It is one dressed in a shoe, which indicates a separation from nature and the mark of consumerism. The shoe is also the unmistakable bottom of a military style boot. This suggests the assertion of power. This symbol of power represents human inclination to overrun the planet. Interestingly, the poster centers the footprint over the Fig. 3. Leo Chan, Smog in Hong Kong United States. Not only is the U.S. responsible for the eco- crisis, but because of its powerful position in the world, it can breathe. This photo warns against the air toxicity in Hong vanguard the movement for other nations to make a change. Kong. The prominent haze engulfs the city and its inhabitants, This primary intended audience for this ad is everyone. indicating that the city is the main producer of the smog. The movie targets all people because as humans, we are the ones Additionally, the natural landscape of the mountains and bay responsible to clean up our mess. For those who know anything water surrounding the city suggests that humans are not the about the ecological crises, they may feel angry we have allowed only species affected by such harsh conditions. The young the earth to get to this point. This might overwhelm some. people depicted in the photo reflect the notion that this is the “I am just one person out of billions; what difference could I reality the future will have to bear, and that the larger part of make?” one might ask. The ad also could evoke a sense of duty their lives will be spent combating the effects of “progress” or empowerment to defend life. The ad is provocative; it entices achieved by older generations. The unnatural looking masks one to want to see the movie and learn what it is all about. on their faces leaves the eyes of the three young adults exposed. The pieces of visual rhetoric used in this analysis have a They use them to collectively confront the camera’s lens, thus significant amount of parallelism. They powerfully relate to conveying the severity of the matter. one another because they revolve around the environmental This photo aims for individuals looking to become aware issues that humans face today. These pieces are effective because of the environmental problems today. Fear, guilt, shame, and they convince people to act (or at least react). Either they possibly a sense of responsibility can overcome the reader. This consume more as the Citgo Company wants them to, or they may inspire people to seek ways to fix these ecological problems. rethink the concept of consumerism and its effects like the Consumerism and its effects others convey. The product of this analysis demonstrated in the Citgo ad and the ultimately makes way for awareness of Haitian and Chinese photos are only a the environmental problems of the world short mention of the changes happening today. It elevates our personal relationship on earth due to our ever-increasing with the planet to elicit consciousness of th consumption rate. “The 11 Hour” our own ecological footprint. advertisement suggests consumerism is Environmental issues such as global affecting the planet on a larger scale. This warming, hunger, and sustainability are poster promotes its documentary, Te prominent concerns of mine. I chose to th 11 Hour, a movie cautioning against the center my analysis around this theme th overall effects of consumerism and the Fig. 4. Borja Fernandez, The 11 Hour because these are grave issues that need to direction over- exploitation of resources is be dealt with more responsibly, especially leading us. by powerful nations such as the United States. As we continue The visual rhetoric of the movie poster has a dramatic to demand more resources, use up the planet’s supplies, and tone to it. It shows earth, the home of all life as we know it, consume extravagantly, creating awareness and motivation for beginning to crack. The poster reads “CONSUME LESS, radical change is evermore important. Every week I encounter LIVE MORE.” The capital letters emphasize the power and some information concerning these issues and my cognizance significance of this message. The words “consume less” indicate of the earth’s environment and economical conditions grow.
HOHONU Volume 8 2010 - 103 I think of the future and what I can do to ensure a safe and healthy environment for all life on this planet. I start with taking responsibility for my own impact. I can further educate myself and hopefully others.
Works Cited:
Harvey, Nelson. “What’s So Bad About Consumerism?” 15. Oct. 2007. Te Wild Green Yonder. Ed. Brock, Adam. 26. Sept 2008.
104 - HOHONU Volume 8 2010 This publication is available in alternate format upon request. TheUniversity of Hawai‘i is an Equal Opportunity Affirmative Action Institution.