Buckingham University and the Moral Compass

In October of last year, I wrote a post called 'A Moral Compass' in which I pondered the issue of  the Internationalisation agenda for universities, and the issues that come for our own values as part of that.  I recounted the story of one HE manager walking away from a deal (not at my own University) and how this was both unusual and commendable.

This week however, the University of Buckingham (a private institution, and thus we are led to believe, are all about the bottom line) made headlines by walking away from a lucrative deal over the issue of gay rights.

GarStarNews reported: 'The University of Buckingham has announced it is ‘increasingly concerned’ about Uganda’s human rights record, and wanted the country’s Victoria University to include a clause that no person would be discriminated against on the basis of sexual orientation. A statement said: ‘Over the last few months, the University of Buckingham has been in discussions with our partners, Edulink, who own Victoria University in Kampala, Uganda, about our continued validation of some of Victoria University’s courses. ‘We have both become increasingly concerned about the proposed legislation in Uganda on homosexuality and in particular the constraints on freedom of speech in this area.’ The University of Buckingham, as the UK's only private research and teaching college, will allow existing students to complete their studies on their validated courses in Dubai and Kenya.'

The BBC also reported on the story, and noted how it raised ethical issues for UK Universities.  Well, indeed.

200 hundred students were affected according to the BBC, and thus one can conclude we are potentially talking about a significant sum of income that Buckingham have wilfully denied themselves.   They deserve credit for arguing that students should not be discriminated against, when enrolled on their degrees and seeking to uphold the same values that a student studying on campus at Buckingham should experience.

How many other British HE congratulate themselves for having strong equality policies, but discard them when the harsh winds of economic reality bite? Will another UK university now seek to negotiate a deal with Victoria?  If a private provider can do this, the pressures on 'public sector universities' are surely now even greater?

A Moral Compass

The Times Higher carried an excellent piece this last week from Bruce Macfarlane of the University of Hong Kong.  He considered the rise of UK University campuses in various pasrt of the world - principally the Far East and the Middle East which may not necessarily share Western Academy 'values'.  He concluded:   'Clearly, UK universities are under pressure to be both business-facing and public-spirited. But in taking their brand to emerging markets, they need to be aware that they are trading off the essence of what it means to be a university. This is about more than profit: it is about being trusted as a critic and conscience of society.'

His thoughts very much chime with my own developing thinking in this area.   I was recently told by someone I regard as a reliable source, the story of a senior HE manager (at a different Uni to my own) who was recently sent on a recruitment/development visit to one of these markets.  The individual concerned was somewhat worried by what might be regarded as a 'culture clash', and commented that they would be rather unlikely to see people of the same sex walking hand-in-hand in that particular country.  The senior manager concerned walked away from a deal, apparently suggesting that this was not a people they wished to do business with.  Even allowing for some exaggeration, it's still a remarkable story.

HE managers are increasingly tasked with tapping in to these huge markets.  As a UK academic, I'm also all too aware that it is these international students that increasingly enable my salary to be paid each month.

Nonetheless, it's not just the overseas campuses that Macfarlane highlights which we should be concerned about.   Distance learning, and bringing international students 'on campus' (i.e to the UK) also raises questions about 'internationalisation'.  This should be a two-way street, but is often about positioning the UK product to be appealing internationally.  Goodbye Jiff, hello Ciff.

For law, this means less emphasis on human rights law (not a great seller in China or large sections of the Middle East), and more about commerce, trade and business law.  A subject like law and sexuality is simply not commercially viable for this audience.

What then for this subject?  Well, it means that it will be difficult for the subject to gain a massive influence amongst masters provision (except those courses which are designed for, and successfully attract home students) and will arguably also increase pressure on undergraduate module space as programmes are rationalised, and overheads trimmed.

Far from British education being sold internationally, there is something of a reverse flow going on when it comes to 'values'.  It is surely - as Macfarlane suggests - a key aspect of a UK legal education that certain values and debates are also transmitted - be it human rights, legal theory or sexuality, yet this debate about what I would call 'the soul' of law programmes is rarely discussed.

The big players of the legal education market -which like to think of themselves as bastions of liberal legal education values - are nowhere in this debate.  Moreover, I wonder how many academics believe that someone in their own institution would similarly walk away from a deal rather than embrace a homophobic or sexist regime?

Given a choice between employment and unemployment, I also know which one I will choose.  Yet, I can't help wondering whether I've been short-changed for my soul.

The Impact of X. v. Turkey: Homosexuality and the ECHR

Paul Johnson has written a compelling piece examining the first successful use of Article 3 of the European Convention on Human rights by a gay man.  Check it out in Jurist here.

Law, Culture and Queer Politics in Neoliberal Times

Jindal Global Law Review has published the first of a two volume special issue addressing 'Law, Culture and Queer Politics in Neoliberal Times'.  Check it out here.

I've not yet read the full issue, but heartily recommend an excellent article by Neil Cobb (latterly of Durham Law School, and now at Manchester University).  His article can be downloaded here.

Watch out for Part II of this special double issue due to be out in December 2012! It will, among others, address concerns around homonationalism, queer imperialism and pinkwashing with reflections on queer politics in Africa, Europe and North America. It will also address the politics around the representations and constructions of queer sexualities within familial contexts of intimacy. The issue will feature articles by Jasbir K. Puar, Neville Hoad, Jin Haritaworn, Dianne Otto, Fiona Campbell, Aeyal Gross, Marc Epprecht and many others.

Gay Olympic Athletes Should File Asylum Claims

Mark Stephens is Chair of the Board of Governors at the University of East London (UEL) and a high profile lawyer - well known for his various media appearances talking about erm, well, the media.

He caused a bit of a stir this week when he spoke at the increasingly thrusting and energetic UEL as part of their series of public lectures.  His talk was entitled:  'Rainbow Legacy: why we must assert the rights of the international LGBT community during the Olympic Games' and he suggested a very practical way that LGBT athletes could improve their own rights, and those of their countrymen as well as highlighting the issue of continued criminalisation of homosexuality in 84 participant countries.

He stated:  "I invite LGBT athletes who don’t feel safe to apply for asylum in this country on the grounds that you will face persecution at home if you are open about your sexual identity. The British Government will have to hear your application, and in doing so, they will have to engage with the human rights abuses perpetrated against the LGBT communities across the world."

Read more here.

Homosexuality and Constitutional Law

Simeon CR McIntosh, former Dean & Prof of Jurisprudence Faculty of Law, University of the West Indies has produced a fascinating piece on the constitutional debate in the West Indies about repealing their laws criminalising homosexuality. He concludes that 'I re-echo my agreement with Prime Minister Stuart, that he should not repeal the law criminalising homosexuality on the directive of the British or US government. Rather, he should repeal the law because it is the just thing to do.'

It's fascinating to see the arguments from a  jurisdiction in which law and the politics of religion are seemingly inseparable and constitutional law is deployed to defend traditional constructions of homosexuality as evil and thus behaviour that ought to be criminalised.

The full piece is well worth a read and can be viewed here.

Cleveland Leather Awareness Weekend

WolvesPervs blog carries a fascinating piece about Cleveland Leather Awareness Weekend (CLAW), an event I - and I suspect many others  - are not familiar with. He explains that: 'CLAW is a non-profit convention held in, as the name would suggest, Cleveland (Ohio, USA) every year for the past ten years, the 2012 event is the eleventh. CLAW 10 attracted over 1,250 people from 34 US States and Canada - it's not very well known outside the US Leather scene, hence I suspect the interest and curiosity in my attending.'

Interesting, he also explains it int elation to better known events such as International Mr Leather, Folsom, and the leather scene in the UK.  It's a compelling piece and although you'll have to go through the blogger 'adult warning', the page I'm sending you to (should) have nothing scary/naughty so you should be safe clicking through.

Hot Air American Style: International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons

Hillary Clinton is a busy woman and so I can only imagine the US Secretary of State was a) too busy to pre-read a speech she delivered this week in Geneva and b) the victim of her staff having a little fun.  Along with the White House she announced a commitment by America to the 'human rights' of LGBT people around the world - and a commitment to promote human rights issues in this area.  She also announced a new Global Equality Fund with $3 million in the kitty - and the hope other countries would chip in (the world is after all flush with cash).  For America, the $3 million figure is interesting - presumably Obama and Hillary had a root around the backs of official sofas for some small change, but the wider issue is of course America lecturing the world on LGBT rights - I mean really?

So, the question about whether Hilary actually knew what she was saying (surely she'd correct it or ask "hang on guys, this is for real?"was taken up by the media.  Via the wonders of open government, the teleconference briefing on the story was published on the US State Department website.  You can read it here.  One member of the media asked if Hilary had actually written the speech.  This was the punchy and clear response from officials:

Well, she has a terrific amount of input into all of her speeches, but this is a speech that is very much crafted in her voice and with her guidance and her intentions in mind. I mean, she knew when she was going to give the speech. She knew that, as she said in the speech, that it is a topic that is still sensitive for some, and she wanted to be aware of that, sensitive to that, respectful of that. As she said in the speech, she wanted to give people a chance to raise what they were concerned about, afraid about, et cetera. And yet it’s something on which she also said in her speech over time – over the course of her life, her own sensitivities and convictions have deepened. And so I think, as I said at the outset, the speech was – because of her guidance and because of the work that she did on the speech, she worked through multiple drafts and makes edits and captures exactly what kind of tone she wants and writes out paragraphs longhand, et cetera. And I think in doing that, she really – she very purposefully made it both firmly principled and also unimpeachably respectful. And I think in that respect, it reflects her broader vision and her leadership in this area.

Hmm! The full speech can be viewed here and watched below:




It is of course to be welcomed that America broadly takes this approach but perhaps their speech and political efforts should be focused inwardly as well as externally.   Moreover, careful reading of the speech will reveal an administration balancing freedom of religion with sexuality and a focus upon ensuring LGBT people are not criminalised,a rested and physically injured.  It avoids the tough questions of same-sex marriage, employment protections, goods and services rights, adoption and fertility rights, medical access for those seeking to transition and so on.

This failure -and that's what it is - enables countries such as Nigeria to dismiss these calls, and the whole speech to amount to nothing more than vacuous remarks.

The US administration also issued a Presidential Memorandum - quite literally a note from the boss to government agencies.  That memo applied to the Departments of State, the Treasury, Defense, Justice, Agriculture, Commerce, Health and Human Services, Homeland Security, the United States Agency for International Development (USAID), the Millennium Challenge Corporation, the Export-Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

It made a series of specific directions to agencies, requiring them to:

• Combat the criminalization of LGBT status or conduct abroad.
• Protect vulnerable LGBT refugees and asylum seekers.
• Leverage foreign assistance to protect human rights and advance nondiscrimination.
• Ensure swift and meaningful U.S. responses to human rights abuses of LGBT persons abroad.
• Engage International Organizations in the fight against LGBT discrimination.
• Report on progress.

The memorandum is worth reading in full which you can do here, and although it received less attention in the media, it is equally vacuous.  America, this isn't good enough.

Sex Tourism

The 'sex tourism' has come to hold an immensely negative con nation, typically suggesting some Gary Glitter-esque holiday abusing children.  In reality, many people engage in 'sex tourism', visiting locations for new sexual experiences whether that means an international city such as Berlin or London, a salesman arranging rendezvous with other men in his hotel room, or a trucker having fun in their cab.  The Into the Abyss blog posted a nice little post about their kinky adventures on a recent visit to San Francisco, reminding us of the joy that these venues can offer, and promoting the question, as to why these experiences can't always be replicated back at home?

World AIDS Day

The first day of December marks the global event of World AIDS Day.  A brief moment when the LGBT community in particularly remember the lives that have been lost, condole the families of those gone and pay tribute to the survivors.

It's also a time of important fund-raising which can truly make a difference to people's lives.  It is of course, also  time of platitudes, of talking of safe-sex whilst engaging in bareback, of telling a younger generation "do as I say, not what I do".  For wider society, it's one of those rare moments when the 'gay community' make it through into the mainstream media, and are once again associated with disease.  Too often it seems to me, these campaigns are led by an LGBTQ community in a western context whilst heterosexuals are broadly seen to focus upon the 'otherness' of HIV/AIDS in Africa.

It's also fascinating to see how publications and the world consider this issue.  The US magazine, Ambiente has a piece from Maria T Mejia in which she focuses on people who are still dying and the stigma surrounding HIV/AIDS.  The British Attitude magazine looks at the Isle of Man which will be using World AIDS Day as the first LGBT event on the island - homosexuality being decriminalised in 1992.  HIV and AIDS is not just an LGBT issue but once again we see the LGBT community taking the lead - on an island that doesn't even know their own HIV/AIDS stats.  The US Bay Times argues that statistics matter less A(though they cite stats) and it is the individual lives behind those stats which matter. The musician, Sir Elton John, who has done so much to raise funds for HIV/AIDS will be in sunny Sydney to light the sail of the Sydney Opera House red - a wonderful image that you might see in your newspapers tomorrow.  These images can be important in getting an 'old story' such as HIV/AIDS in the media unless you have a new 'angle'.  Events within the Gay villages and ghettos around the world will also focus their efforts on raising the profile of world AIDS Day.  The London based events magazine, Boyz, highlights the XXL 'Safe and Sleazy' session - also serving as a reminder that when we say LGBTQ, we typically mean gay men targeted for these sort of events.

In fact, take a look at the US based lesbian Curve magazine for example and there's no mention of World AIDS Day at all that I can see.  The same is true for the British magazine Diva.  To be fair, it's also absent from the website of some gay male publications such as Gay Times.  The Manchester based outnorthest has a big focus on the local campaign to 'know your status' which probably represents where HIV health policy thinking has gone more recently, and is significant for placing less emphasis on prevention (not that any campaign would accept such a claim). This can be contrasted with the San Francisco based Bay Area Reporter which argues that prevention was the big theme of 2011.

POZ magazine has a fascinating floor speech from the Democrat House Representative Jim Himes, linking to this CSPAN page, suggesting you listen from 8.53 when he goes on to argue that we can end AIDS this generation.  Queer UK gives a focus to the launch of a new support centre in Suffolk for the Terrence Higgins Trust - Britain's largest HIV and sexual health charity.  The Australian Star Observer reported that the National Association of People Living with HIV/AIDS (NAPWA) has used World AIDS Day to call for Australia to commit to adopting new technology to fight HIV transmission, with the goal of eliminating transmission and new diagnoses before the end of the decade.  The Advocate uses the event to focus on homophobia, arguing that as long as homophobia exists, AIDS won't die.

Finally, Canada's Xtra! magazine takes a historical approach to World AIDS Day with a video of the US activist Cleve Jones (famously characterised in the film, Milk) and how he originally came up with the idea of the AIDS Memorial Quilt.  Well worth a watch.

Does Your Banana Measure Up?

Good news for those of you visiting Tapai shortly if you happen to have a 7.1 inch or above penis (18cm for metric types); a Tapai male only sauna is offering free entry (oo err) to those with slightly larger 'assets'.  Although it's not explicit, one assumes that the penis should be your own and attached.  Hurrah!

This is in itself a mildly interesting development, but it's earned a place on my blog because of an animation illustrating the story.  Brit political types might remember the animated cartoons produced by appledaily during the election campaign depicting Gordon Brown in a range of funny escapades? Newsnight even hired them to do one on 'Bigotgate' (watch it again here).  Rather wonderfully,  apple daily.com.hk have produced a video for the sauna story intercut with footage from the actual sauna.  Yes, I am very easily amused.  Check it out below:

 

It's time...to share

There's been quite a bit of blog and twitter buzz surrounding a new campaign ad for same-sex marriage in Australia.  On a personal level, I didn't find myself too excited by the advert but then again, I live in a country with a comparatively high level of so called 'gay rights'.  The advert is carefully designed to promote commitment, and stray away from the legal rights debates elsewhere.  Nor will you see protesting, pink triangles and rainbow flags.  It's about promoting the 'normality' of same-sex relationships.  Those of you who read my HuffPo piece last week will see the anger that questioning this argument can evoke within the self-styled gay community where those rights do not presently exist.  Indeed - and I've said this before - it's a product of my privileged position that I can now criticise/analyse these issues.



The advert comes in the week that the Nigerian Senate used law to criminalise same-sex marriage and those who attempt to enter into it.  Homosexuality is already punishable with 14 years imprisonment but in a clear recognition that they don't currently lock-up all Nigerian homosexuals, this new law punishes those who try to enter into marriage with 14 years imprisonment and 10 years for witnesses.   Meanwhile, Russia continues to debate a new law which would - it is argued - prevent gay rights activists from assembling, protesting and discussing gay rights issues.  The Russian government intervened today to express puzzlement at the global criticism of these proposals - arguing that discrimination laws are in place.  It seems, in an eerie echo of the UK's very own Section 28 (now repealed) the law is designed to prevent the 'promotion' of homosexuality.  A law, which we know from Section 28, has wide implications in reality.  Is it 'to promote' homosexuality to say that homosexuality isn't bad, that there should be same-sex marriage? Services protection? Employment protection? Where is the line drawn?

From the privileged position of the UK, I found myself wondering if there's more we should be doing.  The British government has already said it won't send aid to countries such as Nigeria which reject rights for homosexuals (although where the line is drawn remains unclear).  More generally, we're pretty good at interfering in other countries  - sometimes with diplomacy, sometimes as we still see today, with jets, bombs and drones.

Concomitantly, campaign adverts are often about saying, let's change and this is why we should do so.  Rarely do they celebrate the complex reality of life after legal reform.  Here's a challenge for the UK - let's interfere.  Let's show the world the modern lived experiences of gay men, women and those who reject such labels.  Let's spend some of the international aid budget (which is currently funding the BBC world service among other things) on a low-cost advert that shows that the sky doesn't fall in when gay rights are introduced.  Let's show that's it's more complicated than the happy-clappy images of the Australian advert, but that life is complex, and still works well.   Yes, it's time; it's time to share our story.

Sexuality and the International Aid Agenda

One of the themes that seemed to emerge at the two coalition partner conferences was that both the Liberal Democrats and Conservatives saw an 'internationalisation' of homosexual rights to be a priority.  These essentially means that the British Government should not be neutral where governments torture, kill or criminalise their citizens because they believe them to be homosexual.   The latest idea, according to the Daily Mail, is that the British Government will withhold aid to developing countries if they persecute homosexuals - and points to the announcement that Malawi has had aid cut by £19 after two men have been sentenced to hard labour.  The Daily Mail line seems to be 'f you're going to be tough on governments that oppress gay men and women, what about regimes that do xyz'.  It's a position I have some sympathy with but aid is often used as a way of keeping regimes 'on side'.  Take Pakistan, not a gay friendly nation and one that is currently battling with corruption and terrorism.  It's an imperfect state and a good argument could be made to cut aid.  However, a Pakistan without aid is likely to become more radicalised and less supportive, presenting a danger to the region (with a nuclear conflict with India a real possibility) and a potential exporter of terrorism globally (let's not forget where Bin Laden was found).

The consequence of this real politic philosophy is that I should support regimes financially that frankly, would like to see me dead.  In truth, I don't think this in area that can be 'politically pure', and sexual rights can not be divorced from a wider international political agenda.  Yes, the British government should condemn regimes that oppress people because of their sexuality, but stop aid, I don't think so.  I suspect this fudge will actually be the end result despite the headlines but it's a position that is likely to satisfy few.

Read the full Daily Mail piece here.

Sexual Orientation, Gender Identity, and Justice: A Comparative Law Casebook

The International Commission of Jurists have published a fantastic new resource: Sexual Orientation, Gender Identity, and Justice: A Comparative Law Casebook. The book is a collection of domestic court cases addressing legal issues relating to sexual orientation and gender identity. It presents more than one hundred judicial decisions from every region of the world and analyzes the role of international and comparative law in cases involving such topics as the criminalisation of sexual conduct, gender expression and cross-dressing, employment discrimination, freedom of religion and non-discrimination, and partnership benefits and recognition. It is the first book of its kind.

More importantly, it's free!  You can download it here.

Kaleidoscope International Diversity Trust Launches

Today saw the launch of the Kaleidoscope International Diversity Trust.  Based in London, the Kaleidoscope Trust works around the world to promote diversity and respect for all regardless of sexual orientation. They state that their supporters are drawn from all cultures, colours and creeds. Some may be gay or lesbian but many are not. They argue that all people should be free from discrimination, persecution and intimidation because of their sexuality and that laws that make people criminals for how they were born are wrong. Societies that deny some of their citizens their basic rights are weaker not stronger, they add.  Interestingly, they are headed up by former Downing Street spinner Lance Price which should help give them a decent media presence.

Read more about the group on their website here.

Strictly Lesbian

I do enjoy Strictly Come Dancing but despite its weekly serving of a large dollop of camp and queerness, the performers all find themselves in a heteronormative narrative of two dancers - one male and one female. It's depressingly out of sync with modern society. I therefore greeted some news from Israel yesterday with a loud "hurray". Dancing with the Stars - the international version of Strictly has a show in Israel and the current series includes out-lesbian Gili Shem Tov, a TV sportscaster, who has been teamed with Dorit Milman, a professional dancer assigned by the show to perform with her.

The BBC - owners of the format - apparently also had to give the Israel show the go-ahead. This presumably sets a precedent that it's OK for the British version too so let's get someone openly gay in this country strutting their stuff with someone of the same gender in the next season. Then we can get to grips with trans dancers too...

You can watch a bit of their dancing and read more here.

Gender Sexuality and Law Special Issue

Now the blog is back to normal, you might be interested to know a special issue of Liverpool Law Review has beee published on Gender, Sexuality and Law. It's edited by moi so be nice! lol. You'll need a subscription to access the articles except mine which is available as a PDF on the website here. The contents consist of:

Socio-Legal Perspectives on Gender, Sexuality and Law: Editorial
Chris Ashford, 1-12

Pacific Perspectives: Fa’afafine and Fakaleiti in Samoa and Tonga: People Between Worlds
Sue Farran, 13-28

Against Myths and Traditions that Emasculate Women: Language, Literature, Law and Female Empowerment
Julia J. A. Shaw, 29-49

Trajectory of Reform: Catholicism, the State and the Civil Society in the Developments of LGBT Rights
Maria Federica Moscati, 51-68

Public Space, Public Morality: The Media Construction of Sex in Public Places
Sean Hennelly, 69-91