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Showing posts with label equality. Show all posts
Showing posts with label equality. Show all posts

Wednesday, 22 July 2020

Octogenarians fearing a future dominance of F1 by black drivers?

At the crossroads of equity

For much of my writing, whilst I have written about identity and the relative circumstances that confer privilege and opportunity towards my circumstances, I cannot say I have been an activist.
The surge in global protests and activism after the killing of George Floyd in Minneapolis, Minnesota, in May, has agitated people, institutions, companies, organisations, and personalities with sometimes soul-searching introspection instructing positive responses with the promise for change and confounded others with indifference and the absence of awareness as they suggest there is nothing amiss.
Memorials and symbols have been revisited for context and significance, highlighting the plight of minorities around the world with the clamour for equality, equity, justice and fairness.
In certain recent events, I have found a spectrum of representation that had me thinking of how minorities fit in and thrive in host communities, especially at work.
Choosing between activism and presence
In an interview with The Guardian, Michael Emenalo, 55, once the Technical Director for Chelsea Football Club, was the lone black senior executive in the English Premier League. Early in the interview, he surmised about his status and his projection of it. “I had to choose whether I would let my activism be a distraction or allow my presence to be an inspiration.”
This is a concept I fully recognise and can relate to. I cannot say I was a flagbearer in certain positions that I have occupied in my career, but it was significant that other ethnic minorities seeing me in those roles found that their aspirations were not limited. More to the point, we cannot all be activists, sometimes just being at the top table is activism enough.
My primary function was not a human resource component of diversity and inclusion, but I represented it and gave light to opportunities those who saw me could pursue. My professional work spoke for itself even if there were times between being patronised and being belittled, you kept at what you do, and the end result proved how and why you were there.
When silence no more works
Then we have Lewis Hamilton, 35, of a much younger generation and a highly accomplished lone black man in Formula 1 who recently has been championing the need for Formula 1 to be more embracing and inclusive by opening up opportunities to those who might not see a pathway to a career in Formula 1.
His advocacy and activism are prominent whilst not distracting from his professional expertise where he currently leads the driver standings having been 6-time world champion. It goes without saying that few sportsmen have achieved his feat and dominance, not only in the UK but in the world. Yet, it is instructive that many others of lesser achievement and in other sports have been knighted whilst he remains an MBE.
This is not to conflate the global sport with British honours, but you wonder how much further his presence being an inspiration as in the case of Michael Emenalo needs to go for his activism to really attract more ethnic minorities to the sport.
Afflicting the comfortable
This is where two Caucasian veterans of Formula 1 appear to have been ruffled, but starting with Bernie Ecclestone, 89, who used to run Formula 1 when he said in June, "In lots of cases, black people are more racist than what white people are."
Even if Mr Ecclestone’s viewpoint was anecdotal, it was very unhelpful in addressing the issue of opening up Formula 1 to opportunities for ethnic minorities building up from gathering and scouting raw talent to nurturing them through apprenticeships, internships, and expertise acquisition schemes that would culminate in being able to compete on merit alone for openings in Formula 1.
Next came Mario Andretti, 80, in whose words you could see that Lewis Hamilton had begun to afflict the comfortable. They would rather he was silent than activist, with the hope that either organically or by happenstance the opportunities will just show, but Lewis Hamilton has been a Formula 1 driver since the 2007 season, that’s thirteen years and he remains alone.
I have a lot of respect for Lewis, but why become a militant? He's always been accepted and he's earned everyone's respect.” Mario Andretti
The big problem they refuse to see
Sir Jackie Stewart, 81, then says he doesn’t think there is a problem. Well, I say, if after 13 years and 6 world championships, the figurehead ethnic minority symbol simply needs to double down on the accelerator of his car without highlighting issues within his sport, that would be unfortunate.
He's quite vocal about these elements, I don't think there's as big a problem as there might seem.” Sir Jackie Stewart.
I am glad that Lewis Hamilton is not backing down to this trio of octogenarian symbols of white privilege laying out unforgivable tropes, because essentially, they are saying he should be grateful even though he is in his position by dint of hard work and great ability, and that he is being difficult as he is compelling his sport to radically review how it brings talent to the fore.
Then you have this niggling feeling that there is a foreboding and premonition haunting old white men, perish the thought that Formula 1 might become dominated by black drivers, they had better lament it now before a distant future invades the sanctity of their figurative Tutankhamun pyramids making them turn in their mummified graves.
I leave the last word to Lewis Hamilton from the BBC Sport article referenced earlier on this blog.
It makes complete sense to me now that nothing was said or done to make our sport more diverse or to address the racial abuse I received throughout my career.
If someone who has run the sport for decades has such a lack of understanding of the deep-rooted issues we as black people deal with every day, how can we expect all the people who work under him to understand? It starts at the top.
Now the time has come for change. I will not stop pushing to create an inclusive future for our sport with equal opportunity for all. To create a world that provides equal opportunity for minorities.

Thursday, 25 June 2020

Africa: Slowly moving from the Unthinkable to Policy


Organisations for inclusivity
Four years ago, today, I met up with my colleagues in a bar in London, we were preparing for a march that our company was the headline sponsor of. We were going to be in the front of the parade with a decorated double-decker bus in tow. Barclays Bank has been the headline sponsor of the London Pride since 2014. [Barclays]
Today in my Barclays T-shirt
Now, Barclays did have a progressive diversity and inclusion policy with forums for the exchange of ideas and much else. The new CEO of the bank had a backstory, his younger brother revealed to him in the mid-80s that he was first gay and was also HIV positive.
A bombshell of information and realisation that forged compassion, empathy, and love, first between brothers and then for causes. The causes that have helped the research for and availability of antiretroviral drugs for the treatment of HIV/AIDS. [Wikipedia: Peter Staley]
Governments for equality
This morning, I read that lawmakers in Gabon had voted to decriminalise homosexuality. 48 voted for, 24 voted against and 25 abstained. One of those who voted against decriminalisation said, “Forty-eight lawmakers have shaken an entire nation and its customs and traditions.” [Reuters: Gabon lawmakers vote to decriminalise homosexuality]
Whilst I understand the sentiment, for all the customs and traditions we hold dear, a sense of fairness and justice must prevail to the point that we are persuaded of the better of our humanity, accepting that people might be different without morally impugning them for who they are. The record shows that 48 were persuaded of the argument for decriminalisation, 24 were implacable and 25 sat on the fence.
What was also endearing was that it was the government that proposed the initiative. The Overton Window of policy and persuasion had moved the thinking about homosexuality to the right traversing the Unthinkable to the Radical to the Acceptable to the Sensible to the Popular and now to Policy. A lot of work must have gone into this initiative and I know we are still a long way from same-sex marriage, but this is a good start.
The Overton Window
Individuals for justice
Just over a year ago, it was the Botswana High Court that decriminalised same-sex relations, unanimously. It was Letsweletse Motshidiemang, a student at the University of Botswana that filed the suit and won through. Governments, organisations, individuals, and supporters are working on systems, structures, laws, and institutions to address the criminalisation of homosexuality in Africa. It is a human rights issue above all else. [France24: LGBT activists in ‘disbelief’ after Botswana strikes down laws criminalising homosexuality]
South Africa constitutionally affirms sexual orientation rights with same-sex marriage. A feature we hope to avail ourselves of at the earliest opportunity. As human beings, we are spiritual and emotional beings, we seek to live our lives free of persecution and prosecution, loving the people we choose to love without judgement or shame. There is no agenda at play, but freedom and justice without criminalisation on moral grounds is the battle on our hands, one at a time, change will come, and freedom will reign.

Monday, 13 July 2015

Opinion: Marriage as a commitment between consenting adults

Changing views
My views about marriage have broadened and liberalised over decades to the point where I am quite easy with the idea that any two consenting adults in love can decide to formalise their relationship with a marriage ceremony.
It is strange that though I have transitioned from High Church Anglican through almost fundamentalist Pentecostal to rather a relapsed and nominally assenting Christian, there were times when I thought divorce was unthinkable or even unforgivable, but with time by understanding human nature more, I have realised no marriage is made in heaven, the partners in a marriage have to work hard at it.
Then again, I will also challenge the young-earth creationist view that appears to put marriage firmly in the docket of a Judeo-Christian or Abrahamic construct. Maybe up half the world follows that belief system, but there are considerably large Asian religious groups, agnostics, atheists, apostates and non-religionists that do not subscribe to the Adam and Eve Genesis mythology of the human race, yet they all seem have a tradition of marriage with all its ceremonies. Religions of the world – Wikipedia.
Marriage is more civil than religious
Love carries a deeper relational context between people, be it between man and woman, man and man or woman and woman, but more broadly, marriage, whilst is still appears to cling to religious apron strings in many societies has long been extricated from the grip and hold of religion.
It is mostly a civil and legal contract of commitment with accoutrements that accrue to it, giving legal standing to the relationship, recognition of next of kin and a partnership that gives a greater say to the spouse over the family in important matters of life and death.
The religious part of marriage has almost become a kind of nostalgia, a sop to the innate spirituality of the participants who generally might not be regular attendees of the religious establishment that grants a blessing to the union.
A matter of equality, respect and dignity
It is in light of this that I welcome the Same-Sex Marriage ruling of the Supreme Court of the United States of America in the case of Obergefell v. Hodges where James Obergefell sued to have himself recognised as the spousal survivor on his husband’s death certificate.
The majority verdict delivered by Associate Justice Anthony Kennedy made a most profound announcement that should once and for all put paid to the culture wars and wedge issues that have long become the staple of conservative American rhetoric and religious disputing.
No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfilment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilisation's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. The judgement of the Court of Appeals for the Sixth Circuit is reversed. It is so ordered.
I read this to mean that love is the foundation of marriage regardless of the pairing of genders and it deserves to be treated with respect, dignity and fully honoured by the law of the land.
Just over a month before, Ireland, a recently very Catholic country voted in a referendum that garnered 62% of the votes accepting that, “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.
Fundamentally, marriage as an institution whichever way you view it is rapidly becoming more a subject of recognising a commitment of consenting adults and providing them with all the rights, the privileges and the benefits that such a union entails before the law. It must not be reductively seen in its primary purpose for procreation, else people cannot make choices about having offspring and to be found infertile will seemingly be too unnatural to contemplate, yet life is that different for different people.
Address the matter of consent
More importantly, what we should address is where minors or non-adults are conscripted by mechanisms of religion or custom into marriages outside of their fully informed consent, but coerced by parentage, relations, traditions or customs – such activities generally defined as child marriage can in no way be accepted as a contractual engagement of commitment between consenting adults or an expression of love, no matter how that illicit union eventually turns out.
Then, on the issue where people especially the Supreme Court Chief Justice, John Roberts averred that the majority ruling he dissented to might lead to polygamy, if the question of marriage with the view to equality does not fully enshrine and honour the rights to polyandry too, then polygamy should not have the free run to trample on the marriage commitments of the woman or consign her to sharing her husband if the man will not countenance the idea of sharing his wife.
One to one, on the matter of love and commitment, marriage is a wonderful thing and as James Obergefell did say, he hopes that the term ‘gay marriage’ will soon become a thing of the past as we just default to the simple term, marriage.


Saturday, 28 June 2014

Berlin: Pictures that tell other stories

Bottling money
Germany has a way with issues and one I have observed and only just captured a good picture of is the consequence of the Container Deposit Legislation.
Anytime there is a big outdoor event there are people with bags or suitcases, sometimes on foot or wheeling bicycles or even with supermarket trolleys collecting containers.
These are for single use containers as cans, plastic bottles and glass bottles, the empty bottles cost €0.25 each at the returns point and all affected containers are labelled pfand.
What makes this legislation quite bizarre is a black market created by reason of people not necessarily caring about returning their containers to reclaim their pfand deposits. At first, people had to return the containers to their original point-of-purchase; that was eventually eased for them to be returned to any place where the refunds can be made.
So, picking on bottles, riffling through bins and at night peering in with a torchlight, collectors have made a trade that could yield a free €25 for 100 bottles and when a festival is in town, beyond the jostling for the bottle when there is competition, it could be a health sum in these hard times.
The police are your friends
In the past 12 years, I think I attended every Berlin CSD bar one, besides Berlin in June being warm, sunny and fun, there are too many museums to visit, old friends to meet, decent Nigerian restaurants to visit, the main one for me being Ebe-Ano after Fifty-Fifty closed early last year.
Ebe-Ano is central too and quite easy to get to. Ebe Ano, Pohlstraße 52, D-10785 Berlin, +49 30 609 69 627.
However, what is more striking about CSD parades is the presence of the police who act as bookends to the march, in their cars and as outriders before the street sweepers take up the rear cleaning up as if nothing happened.
The Landespolizei are your friends even though they man war-like tanks on football match days and can be quite fierce looking, armed to the teeth, they are rarely, at least not to my knowledge even found in acts of abuse of power as the Sichersheitdienst (SD) or Gestapo of the Nazi era were wont to demonstrate.
The right to be protected
In many other countries, especially to the East of Germany, the police would probably be testing the strength of their truncheons and their preparedness for riot management on demonstrations of great diversity as a Pride march. Here in Berlin, major arteries of traffic and business roads are closed off for the safe celebration of the CSD.
It is not only a celebration of our diverse humanity, but it sounds out the voice of acceptance and the community that Gay Rights are Human Rights too.
Along with the crowds that gather to watch the parades, most of whom are straight with generations of their families, a society at ease with all that inhabit it regardless of persuasion is one destined to thrive.
For many other countries where the state apparatus is used to harass and persecute those that are different, in that picture is a long story from oppression and extermination in the Nazi Concentration Camps to respectful and celebratory co-existence – that is civilisation.
Not just a manhole cover
I could remember when we moved to our new home in Isolo, Lagos in September 1980, the grills on the gutters of the main road were made in Kaiserlautern, Germany.
Nothing could be so distant from the heartland of Nigeria than to have products of other countries cover the dregs and waste of our people, a significant story of what has always been the unrealised potential of Nigeria. The tragedy of our steel industry is best left untold.
Yet, after all these years of visiting Berlin, I looked down at a manhole cover and noticed there was something quite significant about it.
It was no ordinary lid covering the waterworks distribution infrastructure, but a celebration of the City of Berlin with images of the major Berlin landmarks as the Brandenburg Gate, the Fernsehturm at Alexanderplatz, the Reichstag parliament building, the Siegessäule (Victory Column) and the Kaiser Wilhelm Memorial Church of the structures I can recognise.
All of these places are worth a visit when in Berlin amongst other historic places that represent ancient, imperial, Nazi, post-War and united Berlin. They even had an exhibition of manhole covers in 2011.
Just one of the many quirky things that one sees, innocuous but still significant. I love Berlin.


Sunday, 12 January 2014

Decade Blogs - Roundup V - All the 35 Blogs and Thanks

Thank you
I start by thanking everyone who offered to write a blog for my Decade of Blogging with the Twitter hashtag #YourBlogOnMyBlog. In the end, I had up to 45 possible offers, 35 delivered in sufficient time to allow me to review, edit and schedule the blogs into five weeks of hosted opinion.
I am honoured and at the same time amazed at the breadth of opinion, ideas and content that can come from these blogs; there are many lessons to take away from these shared experiences.
I hope to use some of these ideas in blogs I write through 2014 to highlight the richness in stories that each bears as part of our individuality and uniqueness in the broader scheme of our humanity.
To all who could act, those who had good intentions and the many others who desired but could not be entertained, I express my heartfelt gratitude and thanks. May we all have many more years to celebrate the joys of writing.
I’m still here
This is the final roundup blog for the #YourBlogOnMyBlog Series commemorating my Decade of Blogging. A five-week residency of blogs from 35 different people covering all aspects of life and society, from the trivial to the very serious.
I wrote a few blogs this week, starting with the issue of trivialising rape in off-colour and atrocious jokes online. The comedian soon learnt that whilst he thinks his audience is local to Nigeria, the readership of his stupidity is global, and he got global condemnation.
I probably should write a comprehensive blog on the pursuit of happiness; however, I found Pharrell Williams’ Happy, and I ended up playing back a good deal of the 24-hour video. If we were in sunnier climes, I probably would have gone out dancing in the street.
On the 19th of December, 2013, the Finance Minister appeared before the House Committee on Finance and played to the gallery, garnering sympathy from many, until another video appeared to show she was far from saintly or proper in her conduct. This is a view I always held but did not blog about until this video was made public.
It is a prayer and a desire because until now I have acted in haste and suffered in waste long afterwards.
I have not written about my therapy sessions, and I’ve had a few of those; change is on the way, it sure is.
NAFDAC withdrew all the drugs manufactured by one company nationwide, replacing them with drugs that hopefully will arrest the decline in health brought on by the usage of poorly manufactured drugs.
Some viewpoints
The theme this week is life and perspectives from a hospital ward, gender equality, strikes, persistence, blogging, Twitter and the education emergency in Nigeria.
Here, for your pleasure, are all 5 weeks of Decade Blogs, 35 of them from wonderful people and amazing writers.
To everyone who has honoured me in finding the time to write for #YourBlogOnMyBlog, my thanks and more. I might find the words of appreciation and gratitude, eventually, and they would still not be enough.
Decade Blogs – Week 5
Decade Blogs – Week 4
Decade Blogs – Week 3
Decade Blogs – Week 2
Decade Blogs – Week 1

Tuesday, 7 January 2014

Decade Blogs - Jesse Oguntimehin - On Gender Equality

Decade Blogs
Then, another mobile phone propeller head like Mister Mobility, Jesse Oguntimehin is probably one of three people I follow on Twitter that I would go to for advice about mobile phones, mobile telephony, apps and accessories.
He comes across as soft-spoken, knowledgeable, quite engaging and fun, yet, he mostly keeps to his core expertise with the occasional foray into life topics that would always attract interaction.
From my observation, he has probably made virtual friends in as many places as the Internet would allow freedom of access, he should hopefully travel the world.
Jesse Oguntimehin blogs at jesse.com.ng and his Twitter handle is @jesseoguns.
In his piece for my #YourBlogOnMyBlog Series commemorating my Decade of Blogging, Jesse tackles gender equality and the changing perspectives of the issue in Nigeria, in the face of a learned and practiced history of unrestrained patriarchy.
The changing roles of men and women in Africa has been a hard lesson for the dominant patriarchy with a tendency to male chauvinism to appreciate. As we discuss the issues, some highlighted in this article, we probably can begin to grasp what amazing talent and ability we have left untapped, unused and wasted where the need for such is critical and expedient.
What I have learnt about gender equality; ongoing discussion
It is easier for me these days to compose my thoughts in a series of tweets, than to open my laptop and compose my thoughts in a full article. In writing an article to be featured on Uncle Akin’s Blog, I have ruminated over different topics; and after seeing several awesome articles already written on his blog, I wondered if mine would stand.
The inter webs has shaped my life in the last few years—starting from 2010 when I got my first personal laptop and a USB Internet dongle. I got the laptop and Internet dongle after finishing my National Youth Service Corps (N.Y.S.C) posting with the intent of making money on the Internet as a blogger. I’m making the money now, and I have also been able to get a job through my blogging. What more, my thinking has been greatly influenced through the interactions I’ve been having through blogs, blog comments and on Twitter.
How I use to view Women
I grew up in Lagos, Nigeria. It is customary for women to be looked down upon and treated as a lesser human—this is what I have been exposed to. I have always thought the woman to be the lesser of a man. The man calls the shot and decrees over the woman at home, in the office, in the community and at religious gatherings—while I am going to leave that of religious gathering out of it, I will talk about how my thinking changed in the other areas.
It was my habit if someone was driving sluggishly I’ll say: it must be a woman driving. If she drives well and smartly, I’ll assume it’s a man that’s behind the wheel. Men have dominated the women for long, but women never stood up to challenge themselves until in the recent times.
Things have since changed. There are women bosses that do very great work and help businesses succeed; women are the breadwinners of some homes; women pay their own bill and live independently.
If a woman decided to rent her own apartment and live alone, leaving the home of her parents, it is frowned upon that she’s likely to start prostituting, or she’ll not get a man who’ll be interested in her.
If a woman is earning a good salary and living comfortably, men become scared as if that is going to make the woman head over them and they won’t be able to subdue her.
How my views have morphed
I started hearing about feminists and feminism when I became active on the inter webs. At first, I was often irritated by them and the ideas—women who do not want to subject themselves unto the headship of a man; that’s how I used to think about them.
Today, I’m seeing women who have risen to the challenge, accepted more responsibilities and build businesses, families, economy and societies. Women are contributing a lot to the conversation and the development of our societies.
I am now in support of equality of the sexes. How do I mean? A woman shouldn’t be stopped from aspiring to a certain height just because she’s a woman. If a woman wants to be a bus driver, allow her; if she wants to fly a plane—now they do—allow her; if a woman wants to work a nine to five job, allow her. Never say: because she’s a woman, she shouldn’t be allowed to do this or that.
What I am not changing yet
A man is the head of the woman—in the home/marriage setting. She’s to accept the man as the head of the family. A husband and his wife should therefore have an agreement about the role of a man and a woman in marriage before agreeing to be yoked together.
It will be a lot of stress on their marriage if a man who believes women are lesser men, gets married to a woman with can-do spirit; a woman who can make a lot of things happen by participating in many of the tasks that have once been reserved for only men—managers in big organisations, pilots, earning better salaries than many men, a woman who believes women should be treated fairly and equally with men—she’s not asking to be the head of the house, but to be given opportunity to do as much as the man.
Is there a man (married) among us, who will refuse the woman (wife) the opportunity to contribute to the upkeep of the house financially just because you think that will make you less of a man? Are you as a man of the opinion that the woman should not work, just because you do not want her to earn more than you and then have more power than you around the house?
The coming together of a man and woman as husband and wife means that two different people are coming together. They may share similar views in some areas and have different views in others. They must be ready to sacrifice and know how to make things work out for the two of them—be ready to be partners and not rivals.
In concluding, I am for women being allowed to do things that used to be reserved to only men without calling them women or judging them—that they’ve succeeded at it or failed at it because they’re women. The next times a woman drives poorly, try not to say: after all she’s a woman. There are men who are poor drivers as well.
Women too should stop looking down on other women. While should you as a woman say: he’s so slow, when he’s not a woman. Are women expected to be slow? Is slowness a function of gender?
While women should be allowed to pursue their interests—to include the one once reserved for me—we should not forget that the women still carry the babies; it is the women that menstruate; and there are many things different in the physiological make up of both gender...
Questions and further discussions:
  • If we thus want equality of both gender socially, economically, and politically, why don’t we advocate for men to have paternity leave when their wives are pregnant too? Are we saying we should let the women go on maternity leave while the men can’t? Is that being fair to the men?
  • A man is expected to open the door and draw the seat for a woman. Is a woman expected to do the same for a man?
  • A man proposes to a woman. Are we going to change that too and ask that a woman should be allowed to propose to a man?

Obviously, there are things we can’t change. We can’t ask the man to choose to carry the baby during pregnancy: except there’s a culture somewhere that I do not yet know of. The woman doesn’t engage herself to a man; it is the other way round.
What are your thoughts?

Tuesday, 2 July 2013

Opinion: Some universal concepts from the SCOTUS sexuality opinions

Clarity of opinions
I have always felt that on matters of social justice when cases are brought to challenge a perceived infringement of rights, justices do take their time to give their opinions which might become case law if those opinions go unchallenged afterwards.
When it comes to the issue of the separation of religion and state, the justices in the United Kingdom have been lucid and comprehensive in the views they have expressed that one cannot but agree with them.
Just last week, the Supreme Court of the United States (SCOTUS) that many will say have a rather conservative leaning on many issues ruled on the matter of same-sex relationships and the recognition of such relationships, again, I see a universal application of their thinking joining case law when such issues arise elsewhere in the world – the arguments are well made.
Liberty for all
There are many SCOTUS opinions, opinions being the majority verdicts searchable at the Cornell University Law School Portal, many of which I cannot cover but going by the opinions of Justice Anthony Kennedy who apparently has been at the centre of gay rights for the past decade, there are gems to take away.
It is clear that in the 21st Century, we are faced with issues that must compel us to promote liberty, ensure dignity, remove inequality and excoriate humiliation, these are the core elements of that govern every civil rights causes and it must stand paramount in quest for civilising our humanity daily.
I have a liberal to libertarian slant on these matters and I have liberally quoted from my sources at NPR and Cornell University Law School to support the views and understanding I have of the opinions.
We are not in a police state
The SCOTUS in a 6-3 decision in 2003 struck down the Texas “Homosexual Conduct” law that criminalised some sexual acts in Lawrence v. Texas, this was a case where two gay men engaged in consensual sex in a private home were arrested, charged and jailed – more background here – liberty and freedom formed the basis of the opinions.
“Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the state is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the state should not be a dominant presence.”
Clear as this is, it suggests that the state should be limited in its access to dwelling places and private places except where it is warranted, it however should not be a dominant presence in our lives that it begins to operate like a police state – if a person is not a resident of a police state, then the state must constrain its surveillance into private affairs.
Autonomy or regulation
“Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.”
This again builds on the foregoing except if the state intends to regulate thought, belief, expression, and certain intimate conduct – then the question arises as to how far the state will be allowed to regulate such for certain people until it arrogates the responsibility to regulate it for all.
This becomes pertinent when moralist laws are promulgated predicated on religion, culture, traditions and much else, the state must not extent its function to civil society to then encroach on the individual liberties of the people.
Mandating moral codes
Before, this view is extrapolated to support licentiousness, the SCOTUS goes on to develop this thinking.
“It must be acknowledged, of course, that the Court in Bowers was making the broader point that for centuries there have been powerful voices to condemn homosexual conduct as immoral. The condemnation has been shaped by religious beliefs, conceptions of right and acceptable behavior, and respect for the traditional family. For many persons these are not trivial concerns but profound and deep convictions accepted as ethical and moral principles to which they aspire and which thus determine the course of their lives.”
Here, the court acknowledges in 1986 that centuries old laws had deemed homosexual conduct as immoral and agreed that the concerns of opponents of homosexuality were not trivial.
However, in the following excerpt, the SCOTUS returned to the role of guaranteeing liberty.
“The issue is whether the majority may use the power of the state to enforce these views on the whole society through operation of the criminal law. Our obligation is to define the liberty of all, not to mandate our own moral code.”
Here, the court curtails the power of the state by saying it should not take what the majority views as immoral and legislate on that view to create criminal law. As with the court, the state should rise to the responsibility of guaranteeing liberty for all and not be manipulated to mandate moral codes.
I see this view as quite pervasive and universal in the separation of religion and the state except where the state is governed by a theocracy and all the citizens of that state follow the same beliefs, tenets and doctrines. Where the citizens are not of similar and equal beliefs, it behoves the state to err on the side of secularity guaranteeing freedoms and liberties rather than codifying moral views into laws.
Protection and dignity
In United States v. Windsor, which was brought to challenge the Defence of Marriage Act of 1996 where the surviving spouse of a legally married sex-same couple in another country, then recognised at the state level in the country of their residence was not given federal estate tax exemption at by the Inland Revenue Service.
There are broader issues particular to the United States but there are universal concepts to take away from the opinion offered by the SCOTUS.
“In authorizing same-sex unions and same-sex marriages, New York sought to give further protection and dignity to that bond. For same-sex couples who wished to be married, the State acted to give their lawful conduct a lawful status. This status is a far-reaching legal acknowledgment of the intimate relationship between two people, a relationship deemed by the State worthy of dignity in the community equal with all other marriages. It reflects both the community's considered perspective on the historical roots of the institution of marriage and its evolving understanding of the meaning of equality.”
The key words where are protection, dignity, lawful conduct, legal acknowledgement, intimate relationship and equality.
Whilst communities around the world differ, they are evolving and whatever historical roots and systems those communities might have, the institutions they hold dear are coming under more persuasion towards more equality and this has applied throughout history on matters of privilege, citizenship, gender, beliefs, disability, sexuality and much else.
Laws injuring protection
Society strives towards egalitarianism where the equality of opportunity is not defined by status but through ability, character, merit and basic rights.
“DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government.”
Here, the SCOTUS opines that there should not be an overarching statute that seeks to injure a class that already receives protection from such injury.
It goes without saying that the quest to protect a minority should of essence eventually have the support of a higher power to ensure that minority receives protection within the domain of that higher power – a process of time but where that protection is refused there is just cause to challenge that view as a matter of fairness, rights and justice.
“This is strong evidence of a law having the purpose and effect of disapproval of that class. The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States.”
Here, the SCOTUS questioned an overarching law promulgated to disapprove, discriminate and impose a disadvantage on a class, thereby stigmatising those who belong to a class already given protection.
Eliminating inequality
“When New York adopted a law to permit same-sex marriage, it sought to eliminate inequality; but DOMA frustrates that objective through a system-wide enactment with no identified connection to any particular area of federal law. DOMA writes inequality into the entire United States Code.”
The SCOTUS is clear in this by saying a federal law is writing inequality into the constitution, having same before that, “Our obligation is to define the liberty of all, not to mandate our own moral code.”
“The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.”
In general, the law does not just affect the principals, it affects the innocent offspring of that intimate relationship which is by no means illegitimate, but legal, valid and recognised as the community has evolved in its understanding of such relationships.
Unnecessary burdens
“Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways. By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound.”
Not only do they have their lives burdened but unnecessarily burdened by reason of government decree – this burden is what the SCOTUS sought to remove by declaring DOMA unconstitutional.
Whilst we might generally agree that marriage constitutes the union of a man and a woman, the broader and wider definition of marriage today as society has evolved now is the union of partners regardless of the pairing of genders – it is the recognition of an intimate relationship of people who have committed to have that relationship recognised and with it will come all the accoutrements and benefits of having had that loving, intimate and committed relationship in life and in death.
In Africa and beyond
In Africa where the advent of anti-homosexual fervour and the promulgation of homophobic laws is gaining traction, the communities have yet to reach that level of guaranteeing liberties in such a way that their lawmakers do not preoccupy themselves with mandating moral codes and criminalising views the majority consider immoral conduct, but the opinions stated above will almost eventually lay the basis of arguing the human rights issues of minorities beyond just the matter of sexuality.
I am of the view that when the core purpose of protecting the liberty of all is the guiding principle of the courts above all else, in the hands of good human rights lawyers, no law will remain in our statute books that seeks to discriminate, denigrate, disapprove or stigmatise an African because they believe differently, act differently, or espouse views and lifestyles that are different and thereby all Africans will have equal access to justice, fairness and be protected from menace, sanction or injury to live in peace regardless of who they are.

Wednesday, 5 September 2012

Nigeria: More on the Paralympians' Allowances Story


It was a good news story
Yesterday, I wrote a blog based on a news story published in the Nigerian Tribune with regards to the payment of allowances to our Nigerian Paralympic contingent to the London Paralympic 2012 Games.
It was titled Nigeria: Do Right By Our Paralympians Before Sundown and I challenged the senior sports administrators of Nigeria to address the issue with immediate effect.
A confrontation
By the evening whilst I was travelling in and out of mobile telephony areas on the London Underground trains I got involved in a direct confrontation on Twitter with @MrFixNigeria, the sometimes feisty and sometimes level-headed  Special Assistant  (Advocacy) to the Minister of Sports.
Now, a slightly truculent @MrFixNigeria was of the opinion that I was peddling an unverified fictitious report on the basis of him having confirmed from the Chef de Mission had said that the athletes where paid accordingly.
Accordingly is sophistry
One then asked what accordingly really meant and how accordingly could have somehow given rise to a fictitious report in a national newspaper about a protest, the payment in dollars and the difference in payments made to the Paralympians compared to the Olympians only weeks before.
The reporter who filed the story signed off as being in London, it would be rather atrocious if not mendacious for a newspaper to unnecessarily forment a crisis and create a controversy on the payment of allowances just to embarrass the sports bureaucracy – on balance, every Nigerian contingent to an international event has had to protest about allowances and I know that when I attended the Nigeria v Bulgaria match at the France 1998 World Cup in Paris, there was a threat of a walkout just because of allowances too.
A Google search for Nigerian Team Allowances presents pages of references indicating the story does have some provenance and elements of truth.
Ask the athletes, not the chiefs
The Nigerian Tribune in my view engaged in a spot of investigative journalism that does not paint of the officials in any good light and the least they should do for matters of both integrity and reputation is to speak directly to the athletes about their concerns and experiences rather than insulate themselves from the core issues that should inform any policy for change and reform they might consider to prevent sporting disasters in the future.
I hold this view more strongly because in conducting his London 2012 Olympic Review as the Olympics were closing a few weeks ago, it appeared the Sport Minister had laid out a whole range of interesting reforms without input borne of debriefing the athletes or their coaches – the danger is such a review will not by any stretch of the imagination address the fundamental issues athletes and coaches face in preparing for international competitions.
The arms-length approach of hierarchical reporting when matters go wrong in the lower cadres will only present to officialdom a false sense of order and efficiency with the athletes being frustrated by their lack of access to the people who really can ensure that the chain of command that guarantees their welfare is clued-in on what it will take for an athlete to perform at their best without distractions.
Get a shop floor view, first-hand
My advice to the Sports Minister and his Special Assistant is to go to the shop floor and get their hands dirty, find out how each sport works from the view of those who really have to sweat it out to bring back the laurels.
This should be first to squelch every rumour of impropriety or ascertain how and why story like the one I wrote about became a topic of discussion either as the truth of the situation or otherwise.
Meanwhile, the Nigerian Paralympic contingent has added another gold medal to their Powerlifting tally bring the medal haul to 5 Golds, 5 Silvers and 1 Bronze – it is the sports officials that now have to make themselves worthy of the task they have of ensuring our heroes are not distracted by incompetence and other shenanigans.