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Posts filed under Abortion

Failed state policy in Somalia

Here’s a short bit from Against All Flags a generally excellent Nervous Interview sort of article by Jesse Walker, on piracy, international government-to-government aid, imperial failed state policy, and anarchy in Somalia.

But when the troops pulled out, didn’t everything go to pot?

You’ve got it backwards. The U.S./U.N. intervention made things worse: It undercut local farmers by dumping free food into circulation, herded self-reliant nomads into disease-ridden refugee camps, and disarmed civilians while leaving the warlords’ stockpiles largely untouched. At every point during the country’s crisis in the early to mid 1990s, the most constructive responses came from the Somalis themselves. (The local Red Crescent Society was responsible for more successful relief than all the foreign efforts combined.) When the outsiders left, the peacemaking elements of Somali society were able to reassert themselves, with elders arbitrating truces between the clans and entrepreneurs establishing a growing economy.

. . .

Wait. Back up. America aided the warlords?

Yes. The Bush administration worried that jihadists were seeking shelter in Somalia, so it allied itself with secular Somalis, who styled themselves the “Alliance for the Restoration of Peace and Counter-Terrorism.” They included some of the very same figures the U.S. had battled in the early ’90s.

How did that work out?

The warlords used the aid to pursue their own agendas, and the fighting ramped back up. The chaos pushed ordinary Somalis into the arms of the Islamic Courts Union, a confederation of sharia-based arbitrators that gradually took over roughly half the country, including the nominal capital, Mogadishu.

Displeased with this result, Washington backed an Ethiopean invasion and occupation of the country. This was supposed to establish a central government for once and for all. Instead it was a gory failure whose chief effect was to rip apart civil society and turn the country into a violent free-for-all. As Human Rights Watch reported in 2008, “the last two years are not just another typical chapter in Somalia's troubled history. The human rights and humanitarian catastrophe facing Somalia today threatens the lives and livelihoods of millions of Somalis on a scale not witnessed since the early 1990s.” [Ed.: That is, not witnessed since the last time people were pushing hard to get a government established in Somalia. –R.G.]

One effect was to push more people into desperate and risky ways of making a living. Such as piracy.

. . .

Let me get this straight. To combat communism in east Africa, the United States propped up a Marxist dictator. After sending troops to battle the warlords, it intervened again to assist the warlords. It did this about-face to stanch the growth of Islamism, but the effect was to put an Islamist group in charge of the country. And after Washington backed an invasion and occupation of the nation to end the Islamic Courts Union’s control, the result was a government run by a former commander of the Islamic Courts Union?

You can see why I’m skeptical about a war on the pirates. It’ll probably end with Obama dedicating a 60-foot statue of Blackbeard in the middle of Mogadishu.

— Jesse Walker, reason online (2009-04-17): Against All Flags: Questions and answers about pirates and Somalia

Read the whole thing.

See also:

Roe v. Wade Day #36

Blog for Choice Day * January 22, 2009

The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women's right to abortion.

... There are many reasons why a woman might seek a late abortion, and she should be able to find one legally if she wants it. She may suddenly discover that she had German measles in early pregnancy and that her fetus is deformed; she may have had a sudden mental breakdown; or some calamity may have changed the circumstances of her life: whatever her reasons, she belongs to herself and not to the state.

— Lucinda Cisler (1969): Abortion law repeal (sort of): a warning to women

To-day is the 36th anniversary of the United States Supreme Court’s ruling in Roe v. Wade on 22 January 1973 — the day when abortion laws were repealed in every state of the United States, and the United States judiciary finally took formal notice, even if in a limited and limiting sort of way, of every woman’s fundamental human right to decide what to do with the walls of her own damn uterus. To-day marks the end of the hundred years’ war that American state governments waged for forced pregnancy, and the recognition that every woman’s reproductive organs are her own, and that she has every right, if she sees fit, to give what she will of herself, or to refuse the use of her body to Man, Fetus, and State alike.

There's a lot not to like about the specifics of the reasoning in Roe, and it’s often frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But if nothing else, it is worth taking a day to celebrate the pro-choice feminist movement that made Roe inevitable, and the remarkable struggle, over the course of just 4 years (from February 1969 to January 1973), pushed forward by an abolitionist movement which exploded seemingly out of nowhere, drew in and radicalized millions of women to fight for their own freedom, challenged a century and more of anti-abortion laws, defied and ridiculed all the grey eminences of Church and State, and then, amazingly, won victory after victory, with Roe as the final capstone.

The movement was new; it was led, and fought for by women; in particular, it was organized, led, and fought for by radical feminists. There had been a small, barely effectual abortion law reform movement for years before 1969, mostly led by men (mostly doctors), which argued for small reforms to existing laws (exceptions of the rape / incest / health-of-the-mother variety), and based its arguments mostly on pity for the suffering of victimized women, or else on unrelated policy outcomes, like social uplift or population control. They had made no progress to speak of after decades of activism; draconian abortion laws still stood in every state in the U.S., as they had for about a century.

But then, in February and March of 1969, while the reformists hemmed and hawed and accomplished nothing, and while liberal feminist groups like NOW mostly avoided such a divisive issue, a loose-knit group of radical Women’s Liberationists — women like Kathie Sarachild, Carol Hanisch, Susan Brownmiller, and Flo Kennedy — organized and led a series of unprecedented speak-outs and organizing efforts, concentrated in New York City and Chicago, which marked the definite beginning of a new movement, calling for the immediate and complete repeal of all abortion laws. And, just as importantly, they recognized and insisted that abortion is not just a medical issue (although it is that), or sexual privacy (although it is that, too) or an issue of the socio-economic uplift of the female sex. It is, they insisted, an issue of choice, and of freedom from the State’s invasive violence. The point is not to wring our hands and try to do right by the poor dears; the point is that each and every woman has an unconditional right to individually decide how her own body will or will not be used.

The sparks lit a fire. The fire spread. Thousands of women from across the country, many of whom had never been involved in political activism, threw themselves in with a loose-knit coalition of WL activists and radicalized women. The new pro-choice movement quickly shoved aside the male experts, both reactionary and reformist, who had dominated the discourse for decades beforehand. They insisted on their right to be heard; they insisted on their right to control their own bodies; and they argued that, because abortion is a human right, the government’s prohibition of abortion, and the back-alley butchery that went on underground because of it, was nothing more and nothing less than State violence against women. They made the urgency and the justice of the movement palpable by abandoning apologetic reformist, and by using consciousness-raising, speeches, demonstrations, and — especially — speak-outs, direct action, and public confrontations with the men who claimed power over them.

February 1969 was an important month in the abortion struggle. Larry Lader, a biographer of Margaret Sanger, summoned a handful of professionals in law and medicine to the Drake Hotel in Chicago for the organizing conference of NARAL, the National Association for Repeal of Abortion Laws. (NARAL became the National Abortion Rights Action League in 1974.) The conferees targeted specific states where they believed the repressive codes could be knocked down. New York, with its liberal constituency, was a top priority. Bills ranging from modest reforms (in cases of rape and incest) to outright repeal of all criminal penalties were already in the legislative hopper.

Betty Friedan, one of the main speakers at the Chicago NARAL meeting, reflected the changing political climate. At NOW’s founding convention in 1966, she had bowed to a clique that insisted that abortion rights were too divisive, too sexual, and too controversial for the fledgling organization, but since then a groundswell of younger members had stiffened her spine. NOW was being inundated by kids, one member observed. The kids from New York, Michigan, Ohio, Texas, and elsewhere pushed through an abortion plank at NOW’s 1967 convention.

And the kids were forging ahead with their own tactics. On the same wintry day in mid-February when NARAL’s founders were traveling to Chicago for their first conference six state legislators held a public hearing in Manhattan on some proposed liberalizing amendments to the New York law. Typical of the times, the six legislators were men, and the spekaers invited to present expert testimony were fourteen men and a Catholic nun.

On the morning of the February 13 hearing, a dozen infiltrators camouflaged in dresses and stockings entered the hearing room and spaced themselves around the chamber. Some called themselves Redstockings, and some, like Joyce Ravitz, were free-floating radicals who were practiced hands at political disruptions. Ravitz, in fact, had been on her way to another demonstration when she’d run into the Redstockings women, who convinced her to join them.

As a retired judge opined that abortion might be countenanced as a remedy after a woman had fulfilled her biological service to the community by bearing four children, Kathie Amatniek leaped to her feet and shouted, Let’s hear from the real experts–women! Taking her cue, Joyce Ravitz began to declaim an impassioned oration. Ellen Willis jumped in. More women rose to their feet.

Men don’t get pregnant, men don’t bear children. Men just make laws, a demonstrator bellowed.

Why are you refusing to admit we exist? cried another.

Girls, girls, you’ve made your point. Sit down. I’m on your side, a legislator urged, raising the temperature a notch higher.

Don’t call us girls, came the unified response. We are women!

The hearing dissolved in confusion. When the chairman attempted to reconvene it behind closed doors, the women sat down in the corridor, refusing to budge.

Stories appeared the next day in the Times (Women Break Up Abortion Hearing), the New York Post (Abortion Law Protesters Disrupt Panel), and the Daily News. Ellen Willis slipped out of her activist guise to do a report for Talk of the Town in The New Yorker. Nanette Rainone filed for WBAI radio and the Pacfica network. Barely a month old, Redstockings, with an assist from the radical floaters, had successfully dramatized the need for woman as expert in the abortion debate.

Five weeks later, on March 21, 1969, Redstockings staged a public speak-out, Abortion: Tell It Like It Is, at the Washington Square Methodist Church, a hub of antiwar activism in Greenwich Village. For some Women’s Liberation founders, the speak-out was the movement’s finest hour. Astounding, is the way Irene Peslikis puts it. It showed the power of consciousness-raising, how theory comes from deep inside a person’s life, and how it leads directly to action.

Peslikis had organized the panel and coached the women who were willing to speak. The idea, she says, was to get examples of different kinds of experiences–women who’d had the babies that were taken away, women who went to the hospital for a therapeutic abortion, women who’d gone the illegal route, the different kinds of illegal routes.

Three hundred women and a few men filled the church that evening as Helen Kritzler, Barbara Kaminsky, Rosalyn Baxandall, Anne Forer, and a few other brave souls passed a small microphone back and forth. Baxandall broke the ice with a touch of humor. I thought I was sophisticated, she joked into the mike. My boyfriend told me if he came a second time, the sperm would wash away, and I believed him.

Another woman recounted, So there I was in West New York, New Jersey, and the doctor had these crucifixes and holy pictures on the wall, and all he wanted was nine hundred dollars. I took out a vacation loan and I’m still paying it off.

Judy Gabree hurtled forward. I went to eleven hospitals searching for a therapeutic abortion. At the tenth, they offered me a deal. They’d do it if I agreed to get sterilized. I was twenty years old. I had to pretend I was crazy and suicidal, but having the abortion was the sanest thing I’d done.

More women added their personal testimony. I was one of those who kept quiet. Irene Peslikis had asked me to be one of the speakers, but I chose an easier path and played Village Voice reporter. My front-page story, Everywoman’s Abortions: The Oppressor Is Man, was the only substantive coverage the landmark speak-out received. Some retyped it in Chicago for the newsletter, which carried the news to activists around the country.

Another journalist, in aviator glasses and a miniskirt, was taking notes in the church that evening. She hovered near Jane Everhart, a NOW member, and whispered What’s going on?

Everhart whispered back, Sit down and listen!

Gloria Steinem was a friend of Women’s Liberation in 1969, but she had not yet thrown in her lot with the movement. Her plate was already overflowing with causes. Gloria spoke out against the war in Vietnam on late-night talk shows, raised money for liberal Democrats and Cesar Chavez’s farmworkers, and wrote earnest pieces on all of her issues for the popular magazines. Genetically endowed with the rangy limbs and sculpted features of a fashion model, Steinem glided through the rarefied world of radical chic expertly building her political connections. Beneath the exterior of the celebrity journalist was a woman who yearned to save the world.

Steinem received a shock of recognition when a Redstocking quipped, I bet every woman here has had an abortion. Hers had been done by a Harley Street practitioner in London during the late fifties after she’d graduated from Smith. Later she would say that the speak-out was her feminist revelation, the moment that redirected her public path. That night, however, she was working on a tight deadline. She threw together a hasty paragraph for the political diary she wrote for New York magazine. Nobody wants to reform the abortion laws, she explained in print. They want to repeal them. Completely.

The Redstockings abortion speak-out was an emblematic event for Women’s Liberation. Speak-outs based on the New York women’s model were organized in other cities within the year, and subsequent campaigns to change public opinion in the following decade would utilize first-person testimony in a full range of issues from rape and battery to child abuse and sexual harassment. The importance of personal testimony in a public setting, which overthrew the received wisdom of the experts, cannot be overestimated. It was an original technique and a powerful ideological tool. Ultimately, of course, first-person discourse on a dizzying variety of intimate subjects would become a gimmicky staple of the afternoon television talk shows, where the confessional style was utilized for its voyeuristic shock value. Back then, personal testimony was a political act of great courage.

–Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 106–109

By 1969, thousands of women in Chicago could find safe, affordable abortions through Jane, an underground, woman-run abortion service organized by members of the Chicago Women’s Liberation Union. In 1971, the movement won its first major aboveground political victory, with the repeal of state abortion laws in New York. And then, only two years later, they won the nation-wide repeal in January 1973. That’s something to remember, and to celebrate.

To-day, as part of Blog for Choice Day, NARAL would like bloggers to write about your top pro-choice hope for President Obama and/or the new Congress. But, as much as I might like for the now-ruling Democrats to roll back the past 8 years of new restrictions on abortion rights, I think the most important lesson to remember on this day is not to put your hope in the politicians and their power-plays. As noxious as Bush Jr.’s regime may have been, we can’t afford to forget that it was not George W. Bush, but pro-choice Bill Clinton who spent eight years presiding over the most intense and coordinated legal assaults on abortion rights in the post-Roe era — the emergence and proliferation of TRAP laws and procedure bans from 1992 to 2000. Politicians make political decisions, and even the most principled are subject to political forces beyond their personal control, and when we put our hope for social change in their hands, whatever convictions they confess and whatever parties they swear to, they will throw it away as soon as it suits them, again, and again, and again.

If not politicians, then who should we put our hopes in? But the answer should be obvious: we must put our hope in ourselves, in our own power, and our foremothers’ power, and our sisters’ and brothers’ power, to come together and change the world.

Like all anniversaries, this is a good day for remembering, and for honoring. One of the things I think it is most important to remember on this day, in spite of, or perhaps because of, the way in which the occasion is attached to a legal ruling handed down by nine men in black robes, is a matter of strategy. It is all too easy to make the latest political cockfight out as the be-all and end-all of pro-choice activism; to realize, correctly, that the legal position of abortion rights is really precarious and to leap, incorrectly, to the conclusion that if Roe falls, that will be the end of it. No it won’t. The pro-life State had its guns trained on us before, and we beat it. If it turns its guns on us again, that will be terrible, but we will beat it again nevertheless. Perhaps by once again forcing the hand of state legislators or the courts. Or perhaps not. There are other ways to get it done. Here is how a group of women in Chicago took matters into their own hands, years before Roe, without the blessing of the male experts and in defiance of the man-made Law, in order to make justice for their sisters a reality.

Radical women in Chicago poured their energy into Jane, an abortion referral service initiated by Heather Booth, who had been a one-woman grapevine for her college classmates. In 1971, after Booth’s departure, some of the women took matters into their own hands and secretly began to perform the abortions themselves. Safe, compassionate terminations for a modest fee became their high calling–a model, as they saw it, for women’s empowerment after the revolution.

Leaflets appeared in the Hyde Park neighborhood of the University of Chicago bearing a simple message: Pregnant? Don’t want to be? Call Jane at 643-3844. The number rang at the home of one of the activists who volunteered to be Jane. As word spread and the volume of calls increased, the service acquired its own phone line and an answering machine, a cumbersome reel-to-reel device that was one of the first on the market. Volunteers, known inside the service as call-back Janes, visited the abortion seekers to elicit crucial medical details (most important was lmp, the number of weeks since the last menstrual period), then another level of volunteers scheduled an appointment with one of the abortionists on the group’s list.

At first the service relied on Mike in Cicero, who was fast, efficient, and willing to lower his price to five hundred dollars as the volume increased. Mike gradually let down his guard with Jody Parsons, his principal Jane contact, an artisan who sold her beaded jewelry and ceramics at street fairs and was a survivor of Hodgkin’s disease. The clandestine abortionist and the hippy artisan struck up a bond. When Mike confessed that he was not in fact a real doctor but merely a trained technician, she cajoled him into teaching her his skills. Jody’s rapid success in learning to maneuver the dilating clamps, curettes, and forceps demystified the forbidden procedures for another half dozen women in Jane. If he can do it, then we can do it became their motto.

Madeline Schwenk, a banker’s daughter who had married at twenty, six months pregnant with no clue whatsoever about how to get an abortion, moved from counseling to vacuum aspiration after Harvey Karman, the controversial director of a California clinic, came to Chicago to demonstrate his technique. Madeline was one of the few women in Jane who was active in NOW, and who stayed affiliated with the Chicago chapter during the year she wielded her cannula and curette for the service. I’d get up in the morning, make breakfast for my three kids, go off to do the abortions, then go home to make dinner, she reminisces. Pretty ourageous behavior when you think about it. But exciting.

Jane’s abortion practitioners and their assistants were able to handle a total of thirty cases a day at affordable fees–under one hundred dollars. A doctor and a pharmacist among the women’s contacts kept them supplied with antibiotics.

Fear of police surveillance in radical circles had its match among clandestine abortionists who relied on a complicated rigamarole of blindfolds and middlemen. Jane straddled both worlds. Abortion seekers gathered every Wednesday, Thursday, and Friday at a front apartment, usually the home of a Jane member or friend, and were escorted by Jane drivers to the Place, a rented apartment where the abortions were performed. The fronts and the Place changed on a regular basis. New volunteers, brought into the group by counselors and drivers, went through a probation period before they were told that women in Jane were doing the abortions. The news did not sit well with everyone. Turnover was high, from fear and from burnout, although the service usually maintained its regular complement of thirty members.

Jane lost most of its middle-class clientele after the New York law [repealing the state’s abortion ban] went into effect. Increasingly it began to service South Side women, poor and black, who did not have the money to travel out of state, and whose health problems, from high blood pressure to obesity, were daunting. Pressure on the providers intensified. Audaciously they added second-trimester abortionsby induced miscarriage to their skills.

On May 3, 1972, near the conclusion of a busy work day in an eleventh-floor apartment on South Shore Drive overlooking Lake Michigan, Jane got busted. Seven women, including Madeline Schwenk, were arrested and bailed out the following day. The Chicago Daily News blared Women Seized in Cut-Rate Clinic in a front-page banner. The Tribune buried Lib Groups Linked to Abortions on an inside page. Six weeks later the service was back in buinsess. Wisely, the women facing criminal charges selected a defense attorney who was clued in to and optimistic about the national picture. She advised them to hang tight–some interesting developments were taking place in Washington that could help their case. (After the January 1973 Roe decision, all outstanding charges against the seven were dropped.)

The activists of Jane believe they performed more than ten thousand abortions. It’s a ballpark figure based on the number of procedures they remember doing in a given week. For security reasons they did not keep records.

–Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 123–125

The repeal of the abortion laws in the United States wasn’t a gift handed down out of benevolence by a gang of old men in robes. It was struggled for, and won, by women in our own times. It didn’t take ballot boxes; it didn’t take political parties; it didn’t take clever legal briefs. It took radical women who stood up for themselves, who challenged the authority of self-appointed male experts and law-makers, who spoke truth to power, who took things into their own hands and helped their sisters, in defiance of the law, because they knew that they had a right to do it, and to hell with any law and any government that said otherwise. Radical feminists who built a movement for their own freedom over a matter of months and decisively changed the world in less than five years. It’s not just that we owe the Redstockings, Cindy Cisler, Heather Booth, Jody Parsons, Madeline Schwenk, and so many others our praise. They do deserve our cheers, but they also deserve our study and our emulation. They did amazing things, and we — feminists, leftists, anti-statists — owe it not only to them, but to ourselves, to honor them by trying to learn from their example.

Further reading:

The Real Truth About Obama

Yesterday I got a fund-raising pitch for Barack Obama’s presidential campaign, courtesy of NARAL Pro-Choice America. Along the way they expressed outrage that:

The other take away is that our opponents are ready to play dirty. CNN recently reported that an anti-choice group calling themselves The Real Truth About Obama, Inc., is trying to Swift Boat Barack Obama by running false ads in key states during the electioneering communication blackout period 60 days before the general election.

They link to a story on CNN Political Ticker as their source. Here’s what the story has to say about this terrible ad:

The Real Truth About Obama wants to post ads on its Web site and on the Rush Limbaugh and Sean Hannity talk shows in key states during the electioneering communication blackout period 60 days before the general election. The ad features an Obama-like voice saying he would make taxpayers pay for all abortions, ensure minors’ abortions are concealed from their parents, appoint more liberal Supreme Court justices and legalize the late-term procedure that abortion opponents call partial-birth abortion.

Oh, please.

Let’s break this down and look at what, if CNN is reporting the contents correctly, the ad actually claims.

  1. Barack Obama would make taxpayers pay for all abortions. — Obama opposes the Hyde Amendment, which prohibits federal healthcare programs from funding abortions. NARAL also opposes the Hyde Amendment. Obama’s opposition to the Hyde Amendment is one of the reasons that NARAL supports Obama’s candidacy. All abortions is no doubt wrong — even if the Hyde Amendment were repealed, it would mainly affect women receiving Medicaid, women in federal prisons, women in the military, and a few other groups of women who receive their healthcare coverage from the federal government. But since Obama, like most progressives, believes in substantially expanding the scope of federally-funded healthcare programs, and believes in repealing the Hyde Amendment, he is also committed to believing that many if not most abortions should be paid for using federal tax dollars. I oppose federal funding of abortions because I oppose all federal funding of healthcare. But I see no reason to discriminate against abortion here as opposed to all other surgical procedures: if you believe strongly in making taxpayers pay for other people’s medical care, and you believe that abortion is a legitimate form of medical care, then why the hell wouldn’t you believe in making taxpayers pay for other people’s abortions?

  2. Barack Obama would oppose laws requiring parental notification when minors get an abortion. — Of course Obama would oppose laws requiring parental notification when minors get an abortion. NARAL also opposes laws requiring parental notification when minors get an abortion. As well they should: parental notification laws, which treat young women as if their reproductive organs were the property of their parents, are tyrannical, foolish, and destructive invasions of young women’s freedom, as well as extremely dangerous for young women in abusive or unstable family situations.

  3. Barack Obama would appoint more liberal Supreme Court justices. — Of course Obama would appoint more liberal Supreme Court justices. The fact that he would appoint more liberal Supreme Court justices is a large part of the reason that NARAL supports Obama’s candidacy. And for good reason: pro-choice Supreme Court justices are much less likely to overturn Roe v. Wade.

  4. Barack Obama would work to repeal the federal ban on so-called partial-birth abortion. Obama voted against so-called partial-birth abortion bans in the state legislature in Illinois and in the federal Senate. NARAL also opposes these bans, and the fact that Obama opposes them is one of the reason that NARAL supports Obama’s candiday. And for good reason: late-term abortion procedure bans are tyrannical, foolish, and destructive invasions of women’s rights to control their own bodies, and doctor’s rights to choose the safest available procedure for a late-term abortion. The bans endanger women’s health and criminalize doctors for practicing good medicine.

There’s no Swift Boating here, because the ad consists mainly of factual statements about Barack Obama’s positions — positions which Barack Obama is, in the main, right on, and which NARAL agrees he is right on. Of all the claims made in the ad, only one part of one of the claims actually attributes a position to Barack Obama which he does not hold. Only part of one of the claims attributes any claim to Obama that NARAL does not actually support. And only one of the claims attributes any claim to Obama which he is actually wrong to hold. The ad says a bunch of things about his view which are mostly true and which he is mostly right about. His views on these topics may be controversial, but they are only controversial among people who are already anti-abortion, or who are take-one-for-the-party doughfaces and useless hand-wringers without any consistent position. They are certainly not controversial within the pro-choice movement. And what the hell is the point of an outfit like NARAL if not to publicly support and agitate for controversial positions on behalf of the pro-choice movement, rather than pretending as if it were somehow bad to have those positions attributed to you?

A little courage of our convictions, please.

Abortion on demand and without apology (Kiwi edition)

(Via The Hand Mirror 2008-06-11, via The Hand Mirror 2008-06-17, via comments on feministe 2008-06-16.)

New Zealand’s abortion law, unlike, for example, the United States’s existing case law, does not recognize a basic privacy right to abort a pregnancy without government interference. The law is restrictive in theory, but applied fairly liberally in practice; like many abortion law reform proposals that were entertained in the United States in the years shortly before Roe v. Wade, it requires a woman to get permission from institutionally-privileged consultants before she can get an abortion, but the criteria for permitting a therapeutic abortion are broad enough (especially under the heading of the pregnant woman’s mental health) that they can be, and are, handed out pretty liberally. But as Cindy Cisler pointed out in 1969, no matter how superficially liberal an abortion law regime may be, these kind of requirements for mediating reproductive choice through politically-anointed medical experts are really a dangerous trap, just waiting to be sprung. Thus, witness Justice Forrest Miller’s recent ruling on the workings of the Kiwi Abortion Supervisory Committee:

In a review of the workings of the Abortion Supervisory Committee, initiated by Right To Life New Zealand, Justice Forrest Miller said there was a reason to doubt the lawfulness of many abortions.

Jusice Miller was delivering his judgment following a hearing at the High Court at Wellington in April.

Right to Life had claimed the Abortion Supervisory Committee had failed to properly interpret the Contraception Sterilisation and Abortion Act, so full regard is given to the rights of unborn children.

It sought to find the committee had failed its statutory duty to review the procedure for abortions and enquire into the circumstances in which consultants authorised abortions on mental health grounds.

It said the committee had failed to seek proper information on the mental health grounds from consultants.

It also sought to find the committee had failed in its duty to ensure adequate counselling facilities were available.

A registered practitioner can only lawfully carry out an abortion if they act under a certificate issued by two certifying consultants.

The Abortion Supervisory Committee said it had no power to review or oversee the clinical decision-making process.

It denied New Zealand had abortion on request, and said there was no evidence of this.

In his judgment Justice Miller found the Abortion Supervisory Committee had applied the abortion law more liberally than Parliament had intended.

There is reason to doubt the lawfulness of many abortions authorised by certifying consultants, he said.

Justice Miller said the abortion law neither confers or recognises a legal right to life of the unborn child.

However, he said the Bill of Rights, through the abortion law, had recognised the unborn child had a claim on the conscience of the community, and not merely that of the mother.

— stuff.co.nz (2008-06-10): Abortion law being used too liberally

Give me a call when the fetus has a claim on the bodies of the community, and not merely that of the mother.

Then maybe they can have something to say about it. In the meantime, though, as long as it’s just weighing on their consciences and not on their abdomens, it really is merely the mother, not the rest of the community, whose conscientious deliberation ought to matter when it comes to continuing the pregnancy. Of course, the bellowing busybody blowhard brigade has every right to be just as loudmouthed as they want to be, on their own time, in their own space, and on their own nickel, about what their consciences tell them ought to happen in other people’s wombs. But certainly neither they, nor the government, has any right to commandeer another woman’s reproductive system against her will, or to coerce her into even one more day of pregnancy or forced labor for the sake of satisfying their own qualms.

Abortion on demand and without apology.

See also:

Voyage of the S.S. St. Louis

Everything old is new again.

Please bear the following facts in mind.

If you and your family are trying to escape the Chinese government’s coercive population control policies — if, for example, you are a man, and your wife has been forced into an abortion by threats or violence from the government, and even if you, yourself, have been threatened with government-forced sterilization; or if you are a woman, and you have been forced into an abortion by the government, but you don’t want to be forced to live apart from your life partner — if, that is, either you or your life partner has been held down, under threat of violence, and had your reproductive organs cut into, against your will, by order of the State, and it’s perfectly likely to happen to you again if you go on living in China — well, then, I’m sorry, but that just isn’t a good enough reason for the United States government to consider you and your family Officially Persecuted by the Chinese government, and thus not enough for them to get out of your way and leave you alone to live your life peacefully within the borders that the U.S. government claims the right to fortify. They are especially unlikely to consider your persecution important enough to merit asylum if the Chinese government, as part of those same population control policies, refuses to write down a legal record of your marriage to the man or woman that you wed years ago and have lived with ever since. In fact a panel of comfortable American judges will sneer down at you, from their politico-moral high ground, that legal marriage reflects a sanctity and long-term commitment that other forms of cohabitation simply do not. Your actual, real-life marriage doesn’t count, because the government that is persecuting you won’t recognize it. Your suffering and the violation of your body, or your spouse’s body, by a violent government, don’t matter to this government, because it won’t count them as real persecution. So instead of leaving you alone, this government will roust you up out of your new home, and march you out at bayonet-point, and ship you out of the country, back to the tormentors in China who you risked everything to escape.

If you are a woman from the Republic of Guinea, and, when you were a child, you were held down and had your clitoris cut out with a knife, without anesthesia, and if, after being forced to suffer this painful and traumatizing mutilation of your body, you make a deliberate decision to get out of the country, perhaps because it hurt you, and perhaps because the effects still hurt you, and perhaps because you didn’t want it and now you just can’t stand to live in the place where it was done to you, and perhaps because you don’t want your daughters to be forced into the same thing — well, I’m sorry, but according to the United States Department of Homeland Security and the United States Department of Justice [sic], that just isn’t a good enough reason to consider you Officially Persecuted in Guinea, and thus not enough reason for them to get out of your way and leave you alone to live your life peacefully within the borders that the U.S. government claims the right to fortify. Because, hey, you’re damaged goods now and you don’t have any clitorises left for them to cut out. Your suffering and the violation of your body, by certain violent members of your community, don’t matter to them, because it won’t count them as real persecution. So instead of leaving you alone, this government will roust you up out of your new home, and march you out at bayonet-point, and ship you out of the country, back to the tormentors in Guinea who you risked everything to escape.

If you and your family are from Iraq, and, because of the crushing poverty and the tremendous danger to your life and limb which you face — due to the United States government’s own war and bombing and occupation in Iraq; or due to threats from the government-backed and freelance ethnic-cleansing death squads, which have flourished under that occupation; or due to the crossfire in the endless battles between the United States government’s occupying forces and Iraqi insurgents — if, because of all that, you are one of the 2.5 million Iraqis who have fled the country in order to try to find a new home (either temporarily or permanently) where you can live your life free of fear and starvation and unspeakable daily violence, and now you find yourself stuck — like 2.4 million of your fellow Iraqis — in some hellhole refugee camp or urban ghetto in neighboring countries like Syria or Jordan, where conditions are awful, where you are surrounded by suffering, where you cannot legally work for pay and have little or nothing to do other than take hand-outs and fill out paperwork for UNHCR, while you watch your life savings drain away in the effort to keep yourself alive for a few more months while you wait, and wait, and wait, and if you don’t happen to be one of the 500 people per year who are eligible for Special Immigration Visas in return for collaborating with the U.S. government’s occupying forces in Iraq, and you don’t happen to be one of the quota of only a few thousand Iraqi refugees that the U.S. government has agreed to accept each year — well, then, I’m sorry, but according the United States government that just isn’t a good enough reason to get out of your way and leave you alone to travel to the United States and live your life peacefully within the borders that the United States government claims the right to fortify. Your suffering, and the danger to your life or the lives of your loved ones, by any one of the countless armies and armed factions rampaging through Iraq, don’t matter enough to them for them to reconsider their immigration quota policy. So this government will keep you penned up in your hellhole ghetto, where you can die for all they care, or, if you somehow get to America, this government will march you out at bayonet-point, and ship you out of the country, back to the ghetto conditions or to the tormentors in Iraq who you risked everything to escape.

This is life, such as it is, under government immigration controls. It is life as it always will be, as long as politicians and bureaucrats have the power to pick and choose whose reasons for wanting to cross an arbitrary line on a map are good enough, and whose are not.

But it is criminal that there is even one single refugee in this world who cannot immediately find asylum and a chance to make a new life and a new home for herself in a new country.

It is inexcusable that, in the name of the ethno-political system of international apartheid, the governments of the world continue to collaborate in violence against women, in forced starvation, and in ethnic cleansing, by forcing peaceful women and men into refugee ghettoes or, worse, by forcing peaceful women and men back into the maws of the very governments or violent factions who intend to devour them.

It is obscene that a bunch of politicians and unaccountable bureaucrats from the United Nations or the U.S. government would be invested with the power to sit in judgment, from their comfortable offices, on the most marginalized, the most exploited, and the most oppressed people in the world, so that they put all their conventional prejudices and political blinders to work in picking and choosing whose suffering should count as real, in the eyes of the governments of the world, or whose suffering, if acknowledged as real by the government, is important enough to let them into a tiny quota that the government will allow to cross an arbitrary line on a map.

The S.S. St. Louis still sails the seas today, a ghost ship with ghost passengers, without rest and without safe harbor. It will haunt the world forever, as long as this system of international apartheid is enforced.

And all for what? To avoid the voluntary co-mingling of people from different countries? To ensure that the people of the world hear only one language, live and work with people of only one nationality, remain segregated, either by penning them up in their government-appointed place or else by making sure you can monitor all their movements according to a government-created system of passbooks and minders? The idea would be laughable if not for all the ghosts–the ghosts of millions upon millions of real, living, irreplaceable and unique individual people, who were turned back, ruined, persecuted, mutilated, tortured, starved, and murdered for the sake of that idea.

There is another way. A way in which the living can finally live, and the dead can finally rest, in peace. But that other can only become a reality when people are free to move from one place to another, and their reasons, their suffering, and their lives cannot be measured and found wanting by entitled strangers with the power to turn them back and force them back to the tormenters that they risked everything to escape. It can, that is to say, only become a reality with the immediate, unconditional, and complete abolition of all government border controls, and with universal amnesty for all currently undocumented immigrants.

There's no room for compromise or moderation in the politics of immigration when real people's bodies and real people’s lives are hanging in the balance. As they are all over the world today.

See also:

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