Wednesday, January 11, 2023

Call for Papers: European China Law Studies Association Annual Meeting 20-22 September 2023 (Helsinki)

 

Pix Credit Larry Catá Backer 2019

It is my great pleasure to circulate the Call for Papers for the 2023 Annual Conference of the European China Law Studies Association, organized by the Faculty of Law of the University of Helsinki. This is a great conference  and hope you may consider participating.


The 2023 ECLS Annual Conference will highlight legal issues relating to the topics below. Please note that submissions are not necessarily limited to the listed topics.

  • Legal Issues of EU-China Relations
  • China in the International Legal Order
  • Legal Culture, Legal Traditions and Rule of Law Development
  • Legal Aspects of the Belt and Road Initiative
  • Criminal Law and Criminal Procedure
  • Gender Equality in China
  • International Human Rights Protection and the Chinese Legal System
  • Chinese Law, COVID and the Emergency/Pandemic Preparedness
  • Chinese Policy and Presence in the Arctic
  • Sustainable Development and the Role of Regulation
  • Legal and Economic Issues of International Investment
  • Developments in Corporate and Commercial Law
  • Cyber Security, Data Privacy and Personal Information Protection
  • Artificial Intelligence and Ethics, Big Data and Intellectual Property Law
  • Social Credit and the Law, Judicial Reforms and Smart Courts
  • Labour Law Developments, Decent Work and Fundamental Labour Rights
  • Administrative Law and Administrative Procedure
  • China’s Environment, Climate Change and Air Pollution Laws and Policies

The Call for Papers follows below and may be accessed HERE.  More information and updates may be found on the website of the hosts in Helsinki.

Tuesday, January 10, 2023

中共中央办公厅 国务院办公厅印发 《关于推进社会信用体系建设高质量发展 促进形成新发展格局的意见》[ General Office of the Chinese Communist Party Central Committee and the General Office of the State Council "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern"]

Pix Credit here

 

Chinese authorities have unveiled their Draft Social Credit Law (comment was open through 14 December 2022) (Law of the PRC on the Establishment of the Social Credit System (Draft Released for Solicitation of Public Comment). 

The "social credit system," first announced in 2014, is "an important component part of the Socialist market economy system and the social governance system" and aims to reinforce the idea that "keeping trust is glorious and breaking trust is disgraceful," according to a 2015 government document. The rankings are decided by China's economics planning team, the National Development and Reform Commission (NDRC), the People's Bank of China, and the Chinese court system, according to the South China Morning Post. (Business Insider)

The Draft Law represents the first major comprehensive rationalization, through law, of the vision (and framework) first circulated by the State Council in its now famous 2014 White Paper. It also represents the further development of the project of legalization around the Socialist rule of law core principles. To that end, it also represents the further operationalization of the principles and objectives of New Era ideology centering on the development of the Socialist Market economy expressed in the First Secretary's Report to the 20th CPC Congress in October 2022 ("We will refine the systems underpinning the market economy, such as those for property rights protection, market access, fair competition, and social credit, in order to improve the business environment." Ibid.).  

I will discuss the substance of the Draft Social Credit Law in a future post.  But that task cannot be fully realized without a careful consideration of an interpretive opinion that was distributed 29 March 2022 with little fanfare:  中共中央办公厅 国务院办公厅印发  《关于推进社会信用体系建设高质量发展  促进形成新发展格局的意见》[ General Office of the Chinese Communist Party Central Committee and the General Office of the State Council  "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern"].

《关于推进社会信用体系建设高质量发展  促进形成新发展格局的意见》is a quite useful  gloss on the Draft Social Credit Law. Its greatest utility is in framing the principles around which the later in time Draft SCS Law was drafted, and more importantly, the way that the Draft SCS LAw would be intended to serve as an important element in the construction of New Era Socialist Market economy in China. That, in turn, will likely have a strong impact on the way in which Chinese enterprises will operate along the Belt & Road System, and, on that basis influence the working style of its local partners. It should be read in conjunction with the following:

中共中央 国务院 关于新时代加快完善社会主义市场经济体制的意见 [Central Committee of the Communist Party of China Opinions on accelerating the improvement of the socialist market economic system in the new era];  

(CPC Central Committee and State Council On Creating a Healthy Environment for Entrepreneurship) 中共中央国务院关于营造企业家健康成长环境 弘扬优秀企业家精神更好发挥企业家作用的意见;  

中共中央办公厅印发《关于加强新时代民营经济统战工作的意见》The General Office of the CPC Central Committee issued the "Opinions on Strengthening the United Front Work of Private Economy in the New Era" 

 An All-Around Cultivation of Socialist Morality--中共中央 国务院印发 [Issued by the Central Committee of the Chinese Communist Party]: 《新时代公民道德建设实施纲要》[The Outline of the Implementation of the Construction of the Moral Citizen in the New Era]

The Opinions on Promoting the Construction of a Social Credit System (关于推进社会信用体系建) follows in the original Chinese and in a crude English translation.

Monday, January 09, 2023

Hong Kong Between One Country and Two Transnational Systems

 

Pix Credit here

 

Hong Kong continues to occupy that conceptual space between Chinese sovereignty and global engagement; its status as an autonomous region is meant to formally differentiate the region from metropolitan China. For the United States and its allies, however,  the further elaboration of the relationship between Chinese central authorities and their state organs and the HKSAR suggests that the functional differentiation between the autonomous region and metropolitan China has been substantially eroded. That continuities to shape the relationship between the United States, China, and the HKSAR in ways that parallel the changing relationship between the United States and the Chinese metropolitan heartland.

That reshaping was recently again in the news were it was reported that new legislation was to be introduced that would effectively erode US recognition if HKSAR autonomy for purposes of framing its relationship with theSAR that are different than those applied to PRC.

Senator Marco Rubio of Florida and Congressman Chris Smith of New Jersey introduced the ‘‘Hong Kong Economic and Trade Office (HKETO) Certification Act’’ on December 15, 2022.  Hong Kong Economic and Trade Offices (HKETOs) operate as official representative offices of the Hong Kong Special Administrative Region to the United States and enjoy a series of privileges, exemptions, and immunities.

Senator Rubio and Representative Chris Smith introduced the bill to reevaluate the United States’ recognition of HKETOs following Hong Kong’s loss of autonomy. “Given Beijing’s takeover of Hong Kong, Hong Kong Economic and Trade Offices can no longer escape the reach of the Chinese Communist Party. HKETOs now serve as a mouthpiece for the CCP. Common sense – not to mention U.S. law – advises that they be rooted out of our country altogether.” — Senator Rubio

The legislation would require the President, 30 days after enactment, to certify whether HKETOs in the United States merit the extension of privileges, exemptions, and immunities that they currently maintain. This determination by the President would be required yearly. “The bicameral bill authored by Sen. Rubio and Rep. Smith hits the bull’s eye: There’s no place in the U.S. for the propaganda arm of the Beijing-backed Hong Kong puppet regime,” said Anna Kwok, HKDC’s Executive Director. (Bill to Remove Hong Kong Economic and Trade Offices from U.S. Introduced in the US Congress)

 he Text of the ‘‘Hong Kong Economic and Trade Office (HKETO) Certification Act’’(S. 5253) follows.

 

Sunday, January 08, 2023

Circulating Discussion Draft: "Legal Semiotics, Globalization and Governance"

 

Pix Credit here

I wanted to take this opportunity to circulate a discussion draft of an essay, entitled "Legal Semiotics, Globalization and Governance." My object was to consider how the lens of semiotics might be useful in bringing clarity to the current incoherence in the debates around human rights. The idea is not to resolve incoherence but to rationalize it by reference to the core premises and language that separate quite different and contentious understanding of key words that appear to unite collectives but that mask large gaps in the way they are understood and used to build governance systems. This is elaborated a little more in the abstract:

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ABSTRACT: When the leaders of the United States and of the Peoples Republic of China refer to human rights, they invoke entirely different conceptions. The only thing in common is the use of the term itself. they invoke entirely different conceptions. Trouble follows incoherence and the normative gaps that this incoherence produces. The difference in meaning drives contests over the meaning of legitimate governance. These consequences affect not just governance, through law, but also the law and governance of the relation among collectives—subsumed under another term, globalization. This contribution suggests the power of semiotics to understand, analyze, and perhaps engage with both the constitution of meaning from which these collectives build and understand themselves, but also to understand the power of law and governance to organize human activity at the most granular level. The contribution starts with a consideration of the semiosis of the fundamental analytical terms: law, globalization, and governance, as a set of aligned but not integrated social-semiotic sub-systems. It then draws on this examination to re-cast the project of human rights legalities as a semiotic contestation—a system of interpenetration centered in law but structurally coupled with globalization and governance. This is undertaken by examining the difference between making meaning within systems (semiotic interiorization), and making meaning of systems (semiotic exteriorization). The role of nihilism as a legal construct (the principle for or against which legalities are deployed) emergence of contested semiotic structures ends the examination. Semiotics provides a basis for navigating what appears to be incoherence built into the simultaneous infusion of multiple meanings and key terms of contemporary legal and institutional life.

 

Pix credit here

The draft is being prepared for submission for inclusion in (Anne Wagner and Sarah Marusek (editors)) Research Handbook on Legal Semiotics (Cheltenham, Eng., Edward Elgar).

 

 

The Introduction follows. The discussion draft may be accessed here.


Thursday, January 05, 2023

Supply Chain Due Diligence--From Human Rights to National Security and the Potential Broadening of Corporate Complicity Culpability

 

Pix Credit here

 

I  have been considering the issue of supply chain due diligence, human rights obligations of private actors under legal and markets driven (private law) regimes, and the growing interface of both with national security and sanctions regimes of states engaged in multi-vector warfare.  The issue has again come to the foreground (as have so many others) in the course of the Russo-Ukrainian war and the tactic used by Russia in its invasion of Ukraine after 2022.

For interested states that are engaged in hostilities in all fields of combat other than the battle field (see here for Ukrainian President Zelenskyy's description of the three fields of war), the weaponizaton of sanctions regimes, and the heightening of barriers to trade touching on sensitive technologies,and related objects and processes (know.how for example) have been at the center of non-military engagement with Russia (and indirectly China and Iran). These are, in turn, aligned with the development of more intensely applicable regimes of culpability of market actors based on diligence driven complicity notions (as a compliance vector under formal legal or markets based private law diligence and prevention-mitigation-remedial regimes) grounded in complicity (here, here, here, here, and here). 

In the process, the alignment of human rights legalities, and the development of standards for and the administration of national security regimes are interpenetrated.  The result produces mutual weaponization--national security regimes as a means of furthering the objectives of compliance and diligence based human rights regimes applied in business in the legal and private spheres; and human rights as a means of furthering and amplifying sanctions and markets constraining regimes. The process is incomplete, and its complexities are only now being confronted.

That interpenetration, and its challenges are particularly acute where everyday objects and technologies can move within complex global production (primary and secondary market) chains to produce downstream effects that may be human rights harming and that may also reduce the effectiveness of sanctions regimes in conflict situations. It is with thsi in mind that one approaches recent reports of the potential complexities of global production in the construction, deployment, and use of Iranian drones by Russian forces to commit war crimes, crimes against humanity and general violations of human rights law and norms in Ukraine.  As recently reported by CNN:

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Parts made by more than a dozen US and Western companies were found inside a single Iranian drone downed in Ukraine last fall, according to a Ukrainian intelligence assessment obtained exclusively by CNN.  The assessment, which was shared with US government officials late last year, illustrates the extent of the problem facing the Biden administration, which has vowed to shut down Iran's production of drones that Russia is launching by the hundreds into Ukraine.  CNN reported last month that the White House has created an administration-wide task force to investigate how US and Western-made technology -- ranging from smaller equipment like semiconductors and GPS modules to larger parts like engines -- has ended up in Iranian drones. (CNN Exclusive: A single Iranian attack drone found to contain parts from more than a dozen US companies).

The difficulties this poses is also well understood:

There is no evidence suggesting that any of those companies are running afoul of US sanctions laws and knowingly exporting their technology to be used in the drones. Even with many companies promising increased monitoring, controlling where these highly ubiquitous parts end up in the global market is often very difficult for manufacturers, experts told CNN. Companies may also not know what they are looking for if the US government has not caught up with and sanctioned the actors buying and selling the products for illicit purposes.

But the effects will again put greater pressure on states, and the international economic system with respect to its organization, its monitoring, and the vectors of diligence that may fall to enterprises to operate.  The process will continue trends toward the governmentalization of enterprises as global administrative arms of sanctioning states, and as the international administrative bureaucracy for human rights regimes.  Their alignments and collisions can be anticipated, but no mechanisms are even conceived for meeting those challenges.  The for moment expect the media to develop elite interest and mass sentiment, but for some turbulence among analytic communities (military, security, economic, political, etc) over the development of an organizing narrative within which these issues may be rationalized and implementation protocols developed.

Tuesday, January 03, 2023

Algorithmic Governance and the Constitution of Inherent Bias of Data: Brief Reflection on the Völkerrechtsblog Symposium--Racial Profiling in Germany Part 5 (Observations on Lisa Washington, "Racist Police Practices")

Pix credit here

 


In Basu v. Germany (215/19; Judgment 18.10.2022 [Section III Information Note published; Text of 3rd Section here and here], the European Court of Human Rights (ECHR) considered the applicability of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private and family life) to the following set of facts:

In July 2012 two police officers carried out an identity check on the applicant, a German national of Indian origin, and his daughter, on a train which had just passed the border from the Czech Republic to Germany. The applicant asked the police officers why he was checked, and they said it was a random check. One of them later added that cigarettes were frequently smuggled on that train, but confirmed that there had not been any specific suspicion in respect of the applicant in this regard. The administrative courts declined to examine the merits of the applicant’s complaint about having been treated in a discriminatory manner by the identity check. (Basu v. Germany)

The ECHR concluded that (A) "the identity check by the police under these special circumstances had had sufficiently serious consequences for his right to respect for his private life. The identity check in question therefore felt within the ambit of Article 8;" and (B) "the State authorities had failed to comply with their duty to take all reasonable measures to ascertain through an independent body whether or not a discriminatory attitude had played a role in the identity check, and thus had failed to carry out an effective investigation in this regard." (Ibid.). 

The folks at the Völkerrechtsblog have now confronted this issue in a very interesting online symposium: Racial Profiling in Germany. "In this symposium, scholars reflect on the European Court of Human Rights’ recent Basu v. Germany decision. They situate the decision within recent conversations surrounding race and racism in Germany and in international human rights discourse more broadly." (Racial Profiling in Germany Symposium). The Symposium Introduction provides a nice description:

In Basu v. Germany, an international body reminded Germany once again of its less-than-perfect human rights record regarding racial discrimination. In this case, the European Court of Human Rights (ECtHR) ruled that Germany had violated the right to privacy according to Article 8 of the European of Human Rights (ECHR) in conjunction with the right to non-discrimination (Article 14 ECHR) by failing to provide a proper and independent investigation into allegations of racial profiling. This symposium takes the decision as a starting point to reflect on the practice of racial profiling in Germany and, more generally, on the place of race and racism in Germany and in international human rights discourse. (Racial Profiling in Germany )

The excellent symposium essays seek to translate the practices at issue in Basu v. Germany into the language of race and racism (and this appears to be an easy case in that respect given the sensibilities of the times). At the same time, the essays provide a doorway through which it might also be worth looking at the larger issues lurking in the background.  

I will be posting the Symposium contributions here and will also contribute some brief reflections and engagement with each of the excellent and thought provoking contributions. For this Part 5 we consider Lisa Washington, "Racist Police Practices: Centering Marginalized Voices in German Political & Academic Discourse"). Using Basu v. Germany as a centering point, Washington elaborates a critical point: Basu "must be understood against the backdrop of decades-long advocacy against racial profiling by marginalized people, including the plaintiff himself. In his case, it took a decade of strategic litigation alongside a lawyer willing to contest mainstream accounts of the police as unbiased enforcers of neutral laws." Basu  serves as the culminating point of a years-long project of legal and political semiotics. Political and legal communities must first see something in a particular way before they can apply their mechanics of meaning making, as well as their ordinary hermeneutics, to 'solve' an problem that had remained invisible in plain sight. To give meaning to an object, or a condition, or a relationship, then is a pre-condition to the application of even the ordinary mechanisms of law and politics to its resolution. Two quite interesting consequences may follow from the analysis.  The first suggests that traditional notions of intent in law must be reconsidered or abandoned in the face of a showing a racist bias in legal or social structures. In that sense, Basu got it wrong; rather than focus on individual decision-making, an effects test ought to have been the basis of the rule. The second is that racialized data remains fundamentally important; but it is the way that data is harvested and signified, and the way that is it used, that becomes the central element of politics.
 
 The implications for data based analytics can be profound.

Other Essays and Reflections produced for this online symposium may be accessed here:

Part I Introduction

Part 2 Observations on the Case Information Note 

Part 3: Observations on Elisabeth Kaneza, "Human Rights Standards for Accountability and Effective Remedies.

Part 4: Observations on Anna Hankings-Evans, "Race and Empire in International Law"

Part 5: Observations on Lisa Washington, "Racist Police Practices"

 

Monday, January 02, 2023

Announcing Future Publication of "Human Rights Due Diligence Laws: From Due Diligence Standards to New Legal Norms"

 


 Claire Methven O'Brien and I are delighted to announce that Human Rights Due Diligence Laws: From Due Diligence Standards to New Legal Norms will be published by Routledge (Taylor & Francis Group) in their Globalization: Law and Policy Series. The volume is expected to be publication in late 2023 or early 2024. 

Abstract

This volume brings together some of the most innovative and forward-thinking academics, practitioners, and commentators, from universities, non-governmental organizations, business, and government to collectively contribute to a deeper understanding of the emerging law of due diligence, especially as it touches on the human rights and sustainability elements of economic activities whether undertaken by public or private organizations.  Since its first authoritative transposition into the regulatory context of business and human rights, the concept of due diligence has proven to be a remarkably resilient and versatile instrument.  It has provided the structuring for the process of embedding human rights and then sustainability issues (including climate change) into the compliance and accountability regimes of business. It has also become the most important means for states, international actors, and others to develop a basis for a normative component to due diligence, one that aggregates the forms of due diligence with its purpose.  The concept of due diligence also bridges a number of regulatory gaps–between public and private law systems; between markets driven societal behavior management and regulatory and publicly administered systems of compliance and accountability; and between international hard and soft rule making and the constitutional systems of states. The essays are divided  into four broad sections,  The first  focuses on the elaboration of a conceptual framework. The second explores the operationalization of this conceptual foundation in and beyond the UN Guiding Principles for Business and Human Rights. Section three then shifts the lens to a deeper exploration  of contemporary efforts to legalize due diligence.  The volume ends with a consideration of tendencies, tensions, opportunities, and challenges in the legalization of corporate human rights due diligence.

More information about Human Rights Due Diligence Laws: From Due Diligence Standards to New Legal Norms may be accessed on the volume website which may be accessed here.  The list of contributors follows.

Sunday, January 01, 2023

The Orishas Speak: The 2023 Letter of the Yoruba Association of Cuba (Letra del Año para el 2023 de la Asociación Yoruba de Cuba) and My Preliminary Interpretation

 

Pix Credit CiberCuba


Pix Credit Asociación Cultural Yoruba de Cuba

Orunmila! Elérí Ípin, Ìbikeji Olódumarè, A-je-jù-Oògùn, Obìriti, A-p'ijó-ikú-da, Olúwa mi, A-to-i-ba-j'ayé, Òrò à-bi-kú-j'igbo, Olúwa mi, Ajiki, Ógégé a-gb'ayé-gún; Odúdú ti nídú orí emèrè; A-tún-orí-tí-kò sunwòn se, A-mo-i-kú. Olówa Aiyere, Agiri Ilé-Ilógbón; Olúwa mi; amoimotán, A kò mo O tàn kose, A ba mo tàn kose, A bà mo tán ìbà se ke. [Orunmila, the witness of our fate, Second to Olodumaré, you are more effective than medicine, You are the immense presence that avoids the day of death, Lord Almighty save us, mysterious spirit that battles death. Salutations are due you first in the morning, for you are the force than produces equilibrium among the forces on Earth, you are the one than can reconstruct  the creature  whose lot in life is bad, you are the repairer of bad luck, those who come to you encounter immortality. Lord and undeposable ruler, perfection in the house of wisdom, Lord infinite in knowledge, we who fail to know you  fully will fail, if we could but know you fully, all would be well with us.]   (Afolabi A Epiga and John Philip Niemark, The Sacred Ifa Oracle (Brooklyn, NY: Athelia Henrietta Press, 1995))

So begins the invocations of the Babalawós of IFA to Orunmila, that divine manifestation of wisdom and the conduit through which such wisdom is sometimes made available to humanity. Such wisdom is, as is traditional in many places and among many cultures, oracular. It is provided through manifested by other divine manifestations, in the case of IFA, through  Ellegua/Esu, the tricky and quite moody divine manifestation of divine spirit of connection, before the work of divination, of connection to the divine, may be commenced. 

For the last eleven years I have written of the annual letter of the Cuban Council of the High Priests of Ifá (Consejo Cubano De Sacerdotes Mayores De Ifá), the practitioners of traditional religion brought over from West Africa with the slave trade and now naturalized as a powerful indigenous religion throughout the Caribbean and now growing in the United States. (e.g., 2022; 2021; 2020;  2019; 2018, 2017, 2016, 2015; 2014; 2013; 2012).

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Every religion connects the structures of divinity to the human communities around which their worship is structured and social, political, economic, and cultural communities are organized. To that end, the priestly caste platys a very specific role as mediator, interpreter, and as the incarnation of a social order grounded in divine principles and rules.

In most states, the priestly role has been transformed.  But it is useful, as one examines the priestly role in modern western states, to consider a more traditional relationship between the priest and the state.  One of the more interesting manifestations of the role of religion within political life is that of the priests of the practitioners of the old religions of Africa as re-established in the Western Hemisphere, particularly in Marxist-Leninist Cuba.  (here)
That priestly role is exercised in very specific ways among the great traditions of Western Religions: Judaism, Christianity, and Islam.  It shows a more variegated vigor among Non-Western religious traditions.  These are well known.  Yet most of these have sought to marginalize the great traditions of African religions as a barbaric variant of primitive idol worship that had been suppressed elsewhere.  And yet those religious traditions remain as vibrant, their theologies as complex, and their practices as rich as those other religious traditions that have sought over many centuries to supplant them.  And so it was in the early hours of the 1st of January that leaders of the various branches of the Afro Cuban religious communities met.
To that end, at the start of every year the leaders of the great indigenous religion of Cuba conduct, through a series of ceremonies, a general divination for the country.  The results of that divination, and its advice, is organized into a "Letter of the Year" (Letra del Año) (on the history of the Letras del año see HERE (Historia de la Ceremonia de la Letra del Año )).
La letra indica que es lo que comunican los Orichas a las família de santo y creyentes, como les irá en el transcurso del año en curso, y lo que deberán hacer para que, las posibles tragedias venideras no los agarre tan desprevenidos. Por esa letra, se regirán todos los familiares de ese ilé (casa) sin excepción, durante todo ese año, y en ella quedan determinados cuales limpiezas (Ebbós) deben hacerse todos los miembros. [The letter indicates what the Orishas communicate to the orisha communities and uninitiated believers (the laity), how they will fare in the course of the current year, and what they must do so that possible coming tragedies do not catch them so unprepared. The letter serves without exception as the rules and instructions that serve as the basis for the governance (and guidance) of those religious communities, each ilé (house), throughout that year, and in it are determined which cleanings (Ebbós) all the members should undertake.] (EcuRed, Letra del Año)).

The object of the annual letter is to provide guidance for the nation and its people, as well as more technical advice for the orisha communities of initiates and believers. More specifically it is meant to provide guidance for faith practitioners otherwise unable to receive more specific guidance within their own branch.

Traditionally each of the major houses provided their own annual divination.  In Cuba a process of consolidation resulted in agreement among the major houses for a major joint divination and the production of a single national augury.  The year 2021 marked the 6th year of an important change, in which many of the most important branches of the faith came together to produce a unified letter under the aegis of the Asociación Cultural Yoruba de Cuba (ACYC). It also marked the last year of that union.   

The rupture was a long time coming.  In 2019 there was some confusion over the authenticity of the Letter of the Year with two appearing in the early hours of the new year.  That was cleared up but not to everyone's satisfaction. 2020 proved to be a more difficult year. It caused the IFA practitioners to change their divination ceremonies in light of the realities of the pandemic.  

La Asociación informa además, que Las Ceremonias de La Letra del Año 2021, se realizarán a «puertas cerradas», participando los Sacerdotes que sean Convocados, siempre que no excedan el total de 100 personas como medida sanitaria frente al Covid-19, enfatizan la necesidad de entender que quienes no sean convocados no podrá acceder a las instalaciones.(Consejo Cubano De Sacerdotes Mayores De Ifá , Letra del Año 2021).

But 2021 saw major fracture.  First ACYC responded harshly to efforts by women practitioners in Holguin to divine their own letter of the year for Cuba. That was condemned in the harshest terms ("Asociación Yoruba de Cuba acusa de profanación a mujeres que emitieron Letra del Año: Hasta el momento el grupo de mujeres que dictó la Letra del Año no se ha pronunciado al respecto," CiberCuba (11 January 2021) which includes the original denunciation posted to the ACYC Facebook page). The letter from the women of Holguin was never widely circulated.  Fatal to the union of the various branches of Afro-Cuban religion in producing the Letter of the year was the decision, bitterly denounced, to severely limit those who participated in the divination that produced the 2021 Letter. 

Pix Credit ADV Cuba
La tradicional "Letra del Año para Cuba", que cada primero de enero se da a conocer en la isla con los vaticinios de lo que sucederá de acuerdo a la divinidad regente, este año no contó con la participación de los babalawos independientes integrantes de la Comisión de la Letra del Año Miguel Febles Padrón. Desde La Habana, el sacerdote de Ifá, Víctor Betancourt, dijo que la oficialista Asociación Cultural Yoruba rompió con los acuerdos establecidos desde 2016 y este año hicieron la ceremonia "a puerta cerrada, sin convocar a nadie de la comisión". En 2016 ambos grupos de babalawos cubanos decidieron por el bien de la religión establecer una sola letra del año, pero acordaron ciertas reglas para el día de la ceremonia. Pero este año, la Asociación Cultural Yoruba incumplió con lo acordado aduciendo medidas por la pandemia, ("Asociación Yoruba dejó fuera a babalawos independientes en ceremonia de Letra del Año para Cuba," (4 January 2021)) 

The official explanation was pandemic related, but for an important segment of the community it appeared political.  Those excluded tended to be members of the so-called independent babalwo community. Accusations were then traded and rupture became inevitable between the "oficialistas" and the "independientes" (for reporting see, e.g., Conflicto por Letra del Año: ¿yorubas oficialistas dejaron fuera a babalawos independientes?," ADV Cuba 2021). This is a rupture that is likely to have staying power.  And it is unclear where women practitioners in the community may also influence events or begin to serve as an independent source of divination, something traditionalists will likely to continue to oppose.   This fracture has carried over to the diaspora community, especially in Miami and speaks to a wider dialogue (see, e.g., here; for my discussion of the difficulties in the last years of the union, see 2021; 2020;  2019; 2018).

The result changed the complexion of the Letter of the Year, and perhaps ts stature. And yet in the broader history of communal oracular practices over the last century substantial changes do not appear to produce  a weakening of the oracle; but then again for believers this is not human driven (except in the asking and the usual transactions between a divine and human force).  2022, on the other hand, appeared to bring a more transparent approach, focusing on preparations that though centered on the leadership in Havana, suggested something of a more inclusive approach ("La consulta inicial fue anunciada, porque hoy contamos con una página oficial de la Institución Religiosa Asociación Cultural Yoruba de Cuba, para que los religiosos en general realicen sus obras y ebbo de cierre del año y prepararse para el inicio del próximo año 2023 con las Profecías obtenidas el 31 de Diciembre." ACYC Facebook Announcement Post 1 December 2022), though the independence of houses is preserved.

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Pix Credit here (Preparatory event 1 December 2022)
The 2023 Letter of the Year is interesting after several years of oracular suggestions (2019-2022) of turmoil and explosion--ones which culminated, in a perhaps unexpected way in the pandemic and its production not merely of death and suffering, but in the rage that it set free, a rage beyond reason but triggered by reasoned reaction. It ended with the excesses of great derelictions of those charged with authority. N one in autority appeared coming to right willingness, and some ran as far as possible from it. Indeed, 2022 saw much of  that failure to attend to responsibilities, even as the apparatus of state appeared more decisively secure in the hands of its leaders. The guiding aspect of the Divine spirit for the year was Obatala; representing rule by the divine aspects of reason and of reason that is also disordered. In 2022 Obtala showed all aspects of its character--reason, and the irrationality of bad judgment, or judgment made in the absence of reason. And it was the time tat those who knew better appeared, like Oshaná to sit back and watch the destruction that appeared inevitable. "This is Oba Moro, the old man who requires quiet and does not like being disturbed, or Oshanlá, the old woman who prefers to sit all day on her porch knitting in the way of the Norse Norns the fates of everyone. But this is also Ayaguna, and Obanlá, fiery tempered warriors. This is the Obatala who created the Earth for Olodumaré, but also the drunken Obatala who in his inebriation created a malformed humanity which he was thereafter obligated to protect." (Larry Catá Backer Analysis Letter of the Year 2020). The second was Oshun, one of the most popular of the Orisha, and the embodiment of fertility, of wealth, and of the sweet waters of the Earth.  She is the embodiment of the Tarot "Lovers"--but with a temper.  She does not like to be crossed, and she can be fickle.  She is warmth and passion and ferylity and wealth, but also the forces that take all of this away.

For 2023, there is something new and something old. Working through the semiotic signification embodied in Ifa and the ruling spirits one can translate the fundamentals of the 2023 oracle this way:  Obtalá returns as the ruling sign--but with a vengeance.  We expect the oracles to be read in the context of reason, of reason gone to (absurd) extremes, and of the rise of the irrational.  The irrational, like reason itself, will reflect the will and character of the reasonable (or rational) individual, community, collective, institution, etc. Obatalá is the responsible one--who can thoughtlessly become the paradigm of irresponsibility, with disastrous consequences.  Even reason without limit suggests an alignment with the irrational. Obataá, though, is tempered this year by Oshun. To Obatalá's mind, Oshun brings the heart. Together they can produce the reasonable completeness and resolution of matters--the equilibrium point.  But Oshun, like Obatalá has another side.  The heart  can produce passion, and an intense irrational passion can burn one  in the fires of the heart. Where both the mind (Obataá) and the heart (Oshun) are inflamed they can either produce a movement towards disastrous synergy, or perhaps worse, disastrous opposition. Irrational wars brought to a head by inflamed passion as as likely as the advance of a rational but emotive trend toward solidarity.  Expect a little of all of this in 2023, interpreted through the ordering gateways of the ruling signs (oddus) of the year. 2022and its ferocities, its exposures, revelations, and excesses, is gone, but it leaves in its wake an aftermath in which the tragedies produced in 2022 will be dealt with--and that cam also produce both healing and explosively tragic moments. The energy is better--the heart mind binary can be positive; but there will be explosions as well as each clusters of significs--faith and reason, mind and heart, strategy and passion, irresponsibility and ferocity--manifest in the actions of individuals, institutions, collectives and the human realm.  Finding the center in all of this is the best counsel that emerges from the oddu and the reigning spirits. And that will not be easy this year.

The Letra del Año 2023 follows (in Spanish and with English translation in parts) along with my analysis and discussion (in English). The letter may be accessed in full on the ACYC Facebook Page (here) or from CiberCuba (here). The Letra del Año of the independistas (Fraternidad Miguel Febres Padron) may be accessed HERE.

 

Friday, December 30, 2022

Ruminations 101(5) (The year of Obatala): Looking Back on 2022 in Epigrams and Aphorisms --Part 5, "Good intentions gone bad; bad intentions made farce"


Pix credit here ("Harley Quinn tells the story of how psychiatrist-turned-villain Harleen Quinzel breaks up with her long-time romantic interest, the Joker, and sets out to find her place among Gotham City’s villains and heroes. In the first season, we followed Harley as she formed her own crew of villains and tried to join the Legion of Doom.")



pix Credit here--Obatala Ceremony


 For the last several years, and with no particular purpose other than a desire to meander through reflection, I have taken the period between Christmas and New Years Eve to produce a s summary of the slice of the year to which I paid attention through epigrams and aphorisms.  It follows an end of year  tradition I started in 2016 (for those see here), 2017 (for these see here), 2018 (for those see here), 2019 (for those see here); 2020 (for those see here); 2022 (for those see here).   

Pix Credit here
At the start of this year I noted, in passing on the Annual Oracle of the Ifa practitioners of Cuba, that this was to be the year of Obatala (The Orishas Speak: The 2022 Letter of the Yoruba Association of Cuba (Letra del Año para el 2022 de la Asociación Yoruba de Cuba) and My Preliminary Interpretation). "This is a year of unsuccessful revolution, of challenges that may not succeed but that may weaken all orders. This is the year of rational irrationality, of creative destruction that is both rational and irrational. It is a year of great passion, if dishonesty, and of violence." (Ibid.). The ruling Orisha of the year was Obatala.  Obatala is the essence of rationality and irrationality.  Obatala represents the highest form of rational creative potential as well as its basest forms of dissipation. Obatala is, in the tradition of the West, the King of Cups in Tarot.  These are to be taken in their semiotic sense--they provide condensed representations of a related cluster of impulses that sometimes manifest.

And 2022 did not disappoint.  It was a year when the firmer the pull toward rationality, toward authoritative structures, toward management and control the more exposed its irrationality and failures. Obatala speaks of the simultaneous apotheosis and  rotting of the ideologies around which rational science is constructed, constrained, instrumentalist, and corrupted. Indeed if 2021 was the year in which what appeared to be new forms of collective management were undertaken (and the rage it was meant to contain), 2022 exposed its corruption--manipulation of social media in the US in the service of elections, abuse of discretion of the sort that exploded even the fig leaf of rule based containment; the corruption of religion by its ministers against its own devout communities. 2022 was the year that just as everything looked like it was going right, it went wrong. And it was a year of violence; of seeking to recreate a 19th century imperial state even as post global empires are forming. It was the year of doing and undoing.

And it is in that spirit, the spirit of 2022, that the epigrams and aphorisms that follow are offered. Each aphorism links to a essay written during the year. The theme of this fifth set focuses on good intentions gone bad.  This is irresponsibility of the responsible entity. These are individuals and states that point in multiple directions simultaneously.  At some point they will snap or be snapped. . . or become irrelevant except to the tabloid press. More likely they will remain instruments of others--internally or externally. Links to the 2022 Year End Ruminations here:

Part 1, Seeing and Knowing

Part 2, War, huh, yeah; what is it Good For?

Part 3: Words, huh, yeah; what are they good for?

Part 4:"de Sade's Theater as Performed by the Inmates of the Global Asylum"

Part 5: Good intentions gone bad; bad intentions made farce

 

Thursday, December 29, 2022

Ruminations 101(4) (The year of Obatala): Looking Back on 2022 in Epigrams and Aphorisms --Part 4, "de Sade's Theater as Performed by the Inmates of the Global Asylum "


Pix Credit here



pix Credit here--Obatala Ceremony


 For the last several years, and with no particular purpose other than a desire to meander through reflection, I have taken the period between Christmas and New Years Eve to produce a s summary of the slice of the year to which I paid attention through epigrams and aphorisms.  It follows an end of year  tradition I started in 2016 (for those see here), 2017 (for these see here), 2018 (for those see here), 2019 (for those see here); 2020 (for those see here); 2022 (for those see here).   

Pix Credit here
At the start of this year I noted, in passing on the Annual Oracle of the Ifa practitioners of Cuba, that this was to be the year of Obatala (The Orishas Speak: The 2022 Letter of the Yoruba Association of Cuba (Letra del Año para el 2022 de la Asociación Yoruba de Cuba) and My Preliminary Interpretation). "This is a year of unsuccessful revolution, of challenges that may not succeed but that may weaken all orders. This is the year of rational irrationality, of creative destruction that is both rational and irrational. It is a year of great passion, if dishonesty, and of violence." (Ibid.). The ruling Orisha of the year was Obatala.  Obatala is the essence of rationality and irrationality.  Obatala represents the highest form of rational creative potential as well as its basest forms of dissipation. Obatala is, in the tradition of the West, the King of Cups in Tarot.  These are to be taken in their semiotic sense--they provide condensed representations of a related cluster of impulses that sometimes manifest.

And 2022 did not disappoint.  It was a year when the firmer the pull toward rationality, toward authoritative structures, toward management and control the more exposed its irrationality and failures. Obatala speaks of the simultaneous apotheosis and  rotting of the ideologies around which rational science is constructed, constrained, instrumentalist, and corrupted. Indeed if 2021 was the year in which what appeared to be new forms of collective management were undertaken (and the rage it was meant to contain), 2022 exposed its corruption--manipulation of social media in the US in the service of elections, abuse of discretion of the sort that exploded even the fig leaf of rule based containment; the corruption of religion by its ministers against its own devout communities. 2022 was the year that just as everything looked like it was going right, it went wrong. And it was a year of violence; of seeking to recreate a 19th century imperial state even as post global empires are forming. It was the year of doing and undoing.

And it is in that spirit, the spirit of 2022, that the epigrams and aphorisms that follow are offered. Each aphorism links to a essay written during the year. The theme of this fourth set is "de Sade's Theater as Performed by the Inmates of the Global Asylum." 2022, perhaps, provides evidence that, indeed, the greatest and most prophetic product of the Enlightenment--for its excesses of good and evil--was indeed the Marquis de Sade. Before my readers get their drawers in a bind--the reference is to the intellectual elements rather than (for the moment) the physical depravities  that are all, in their own ways, children of the Enlightenment; their depraved manifestations, at least when observed from the perspective of ideas.  "“Alfred Hitchcock was also influenced,” des Cars adds. “Once you start looking, you see Sade’s presence throughout popular culture.” (Smithsonian). 

Links to the 2022 Year End Ruminations here:

Part 1, Seeing and Knowing

Part 2, War, huh, yeah; what is it Good For?

Part 3: Words, huh, yeah; what are they good for?

Part 4:"de Sade's Theater as Performed by the Inmates of the Global Asylum"

Part 5: Good intentions gone bad; bad intentions made farce