Papers by Oliver Phillips
University of Pennsylvania Press, Aug 29, 2016
Whether being cast as an instrument of women's liberation, or as collusion in their own o... more Whether being cast as an instrument of women's liberation, or as collusion in their own oppression, the mini-skirt has courted controversy throughout the world and for many decades now. But across much of sub-Saharan Africa, women accused of wearing mini-skirts that are "too short", have been violently assaulted by groups of men with a frequency and a level of violence that is particularly striking. Through analysis of two such incidents in Zimbabwe, first in 1992 and then in 2014, it is possible to identify key factors that framed these incidents, and re-shaped their legacies in striking contrast to each other. The basic premise of these incidents remains the same, with competing claims to law featuring prominently on both sides of the conflict: the men assaulting the women expect the criminal law to restrain such flagrant displays of women's sexual agency (as the men see themselves as stepping in where the law has failed to do so). The mens' calls are consistently countered by women's public mobilisation, and their protests invariably demand that the law protect them from criminal assault and sexual harassment, as they assert their "right" to dress as they choose. In 1992, the men's narrative was undoubtedly in the ascendant, effectively marginalising any other voices, but by 2014 developments in social media and clear manifestations of women's public empowerment, meant that narratives of equality and justice swiftly came to prevail. Analysis of these and other similar incidents, highlights how the already-extraordinary symbolic reach of the mini-skirt has come to be even more invested in the post-colonial context of Zimbabwe. As a constructed mediation of the self and society, the mini-skirt also bridges the personal and political wherever it appears, and in doing so, it inevitably brings to the fore many of the conflicts around "tradition", reproductive relations and sexual autonomy that frame gender relations anywhere, but have been further fuelled by the historical dynamics specific to Zimbabwe. Here, legal and racial subjectivities have been hostage to the power and politics of colonial subjugation and settler privilege, only to be subsequently instrumentalised further as part of the revisionist historiography designed to sustain specific concepts of "national identity" in service of a very narrowly defined "national interest".
The Globalisation of Lesbian and Gay Identities: In the 1990’s, the sexual activities of people l... more The Globalisation of Lesbian and Gay Identities: In the 1990’s, the sexual activities of people living throughout the southern African region have alternately assumed and been allocated increasing significance as social markers. Botswana, Namibia, Swaziland, South Africa, Zambia and Zimbabwe have all witnessed unprecedented public discussion of the proclaimed rights or declaimed immorality of sexual activities between people of the same sex. Movements calling explicitly for ‘lesbian and gay rights’ have mushroomed in each of these states, both as a result of governmental derogation’s of such rights, and as a result of individual affirmations of social identities which deliver these rights.
Between 1910 and 1920 there were a number of episodes of mass panic among the white settler commu... more Between 1910 and 1920 there were a number of episodes of mass panic among the white settler communities of South Africa and Southern Rhodesia (Zimbabwe), that were all motivated by a hysterical fear of inter-racial sex. These manifestations of social anxiety and panic were serious enough to conjure up rampaging lynch mobs, whose dispensing of violent retribution was fuelled by newspaper campaigns and strident rhetoric from politicians, church leaders and other influential social figures. These panics about sex and race were identified as social problems threatening the social order of colonial society, and the moral fibre of the 'civilising mission', and they resulted in draconian legislation aimed directly at restoring the sexual and social distance that was necessary for the survival of racial hierarchies in the colonial order.This article is centered on its analysis of a detailed report written in 1915 by a Superintendent in the Criminal Investigation Department (CID) of the British South Africa Police (BSAP) - the report is entitled "Black and White Peril" and is entirely preoccupied with the dangers of sexual interaction between white women and black men. Whilst reflecting the many different contexts in which these relationships took place, its primary interest to us today is its accurate and contemporaneous account of the reactions that these relationships evoked - that can only be characterised as 'moral panics'. Reading accounts of these critical episodes of social anxiety today invariably produces a sense of astonishment at the almost surreal simplicity of the crude politics of race and desire that underlie them. Detailed analysis by scholars such as McCulloch (2000) reveals a complex jostling for access to power and a re-positioning of gender and race in the nascent structures of colonial society. The principle aim of this chapter, then, is to offer a broad account of the great fears, fantasies and forces that so characterised sexual relations between white settlers and colonised black subjects in the early years of Southern Rhodesia. These striking dynamics vividly illustrate the powerful under-currents that framed relations of sex, race and gender in the process of colonisation. Readers might like to consider the extent to which the legacy of these highly charged moments of panic in the then newly established settler society is remarkably manifest in the furore around sex that so often erupts in post-colonial relations today.
This chapter reflects on 10 years of teaching the module "gender law and sexuality" on ... more This chapter reflects on 10 years of teaching the module "gender law and sexuality" on the LLM in Women's Law at the Southern and Eastern African Centre for Women and Law, where students are drawn from across Eastern and Southern Africa and are mature enough to occupy senior roles in criminal justice, the legal profession and legal resources, and governmental and non-governmental organisations. In addition to explaining the pedagogical exercises that help to to overcome student anxieties about their participation at the start of the class and to illustrate fully the legitimacy of "sexuality" scholarship in a local context, the chapter articulates the careful development of its learning objectives and methods, and explains the role that the class (with active student participation) is playing in the development of sexuality scholarship throughout the region. Students learn about the historical interaction of law, sex, and race in the colonial and post-colonial contexts of the region, and the legacy of these interactions in present-day dynamics of gender and race and the law. They are also introduced to different conceptual approaches to sexuality from different parts of the world, and different theoretical approaches to its research and scholarship, so that they can consider critically how these do or do not fit with their own cultural and political scenarios. This ensures that the course has a 'generative' element and is actively engaged in constructing a platform for the development of local sexuality scholarship. The chapter is also particularly useful in considering the possibilities and limits of the 'universal' applicability of different theories (of sex, gender, and law) within specific cultures. As students are drawn from throughout the Eastern and Southern African region, their analyses of these issues also throw new light on the cultural diversity that exists within the continent.
Perspectives in Sexuality
Social & Legal Studies, 2005
The availability of antiprotons with high beam quality in the energy range 0.8-14.5 GeV in the st... more The availability of antiprotons with high beam quality in the energy range 0.8-14.5 GeV in the storage ring HESR will be one of the features of the new FAIR accelerator facility. For the achievement of an excellent quality of the antiproton beam it is proposed to apply electron cooling. The electron cooling system will be based on an electrostatic acceleration system. The intense electron beam must be recovered with high efficiency. For the achievement of highest cooling rates the electrons will interact with the circulating antiproton beam in a 30 m long cooling section with a superimposed longitudinal magnetic guiding field of up to 0.5 T. Various novel techniques will be applied to achieve the required cooling performance in the high energy regime.
HIV & AIDS in Africa: Beyond Epidemiology
Chapter 11 The Invisible Presence of Homosexuality: Implications for HIV/AIDS and Rights in South... more Chapter 11 The Invisible Presence of Homosexuality: Implications for HIV/AIDS and Rights in Southern Africa Oliver Phillips It has become commonplace to talk of HIV/ AIDS in the context of southern Africa as dis-tinctly" heterosexual," signifying a difference from the" ...
Health and Human Rights, 2004
mujer durante los cambios en el sistema de autoridad desde linaje hasta estadosnaciones. Esas ten... more mujer durante los cambios en el sistema de autoridad desde linaje hasta estadosnaciones. Esas tensiones entre el formalismo legal de derecho y la autoridad histórica de las estructuras tradicionales sirven de base para la regulación del sexo y para los reclamos de derechos sexuales dentro de esos dos países, y sirven de marco para una discusión acerca de la forma en que los programas y las políticas de salud sexual pueden interactuar más efectivamente con el desarrollo de un marco legal de respecto a la autonomía en el ejercicio de la sexualidad. Cet article présente le contexte historique des lois réglementant la sexualité et les demandes de droits sexuels en Afrique du Sud et au Zimbabwe, en analysant leurs implications sur les droits relatifs à l'orientation sexuelle qui résultent du concept de citoyenneté post-coloniale. Il discute principalement l'interaction entre les Constitutions officielles et le Droit coutumier informel pour expliquer le développement contrasté des pratiqueset des droits, et il met en lumière la constance de la subjectivité légale partielle des femmes parallèlement aux transferts d'autorité, depuis le clan jusqu'à l'État nation. Ces tensions entre le formalisme légal du droit et l'autorité historique des structures coutumières étayent la réglementation du sexe et les demandes de droits sexuels dans ces deux pays, et elles créent le cadre d'une discussion sur une meilleure coordination des programmes et politiques de santé sexuelle avec le développement d'un pouvoir personnel en matière de séxualité.
Public Service Review: International Development, 2008
In his capacity as Vice-Chair of the Friends of the Treatment Action Campaign UK (FOTAC), Dr Oliv... more In his capacity as Vice-Chair of the Friends of the Treatment Action Campaign UK (FOTAC), Dr Oliver Phillips argues that the fight against the AIDS epidemic in South Africa has been held back at the highest levels of government by a determined resistance to scientific evidence that is borne of ideological fervour. But analysis of the historical context reveals President Mbeki's denialism to be embedded in post-colonial politics, while the G.W. Bush government's approach to science and faith is also brought into consideration. Where to from here?
"This chapter traces the history of a partic... more "This chapter traces the history of a particular group of white men, some homosexual and some heterosexual between the years of 1987 and 2000 (including the author). At the start of that period, they all met as participants in a men's group that gathered to engage critically with what it meant to be a white man growing up in South Africa under the grip of Apartheid (with no end in sight at that stage) conscription, and a heavily militarized heteronormative masculinity. In 2000, the author returned to South Africa to track down this same group of men and to see how the lives of those who remained alive and living in South Africa had changed - and whether the new Constitution prohibiting discrimination on so many grounds including sexual orientation, had had any impact on their lives, relationships and sense of belonging in South Africa. In-depth interviews with the men and their own reflections on their life-histories across a thirteen year period, serve as a medium for analysing the relationship of these individuals to the larger state and for revealing the role of broader social context (of race, gender and sexuality) in the personal lives of individual men. "
The International Journal of Human Rights, 2009
Social & Legal Studies, 1997
... to support the presence of these people (gays and lesbians) in this country is to be an accom... more ... to support the presence of these people (gays and lesbians) in this country is to be an accomplice in promoting lechery.... It means, if we support them, we want our nation to be vile. We want our nation to be unchaste. We want our people to be animal-like and immoral in behaviour. In cultural terms, what it amounts to is that the homosexuals are like a witch weed in Zimbabwe, which in Shona we call 'bise'. It is therefore supposed to be eradicated. The moment you see it you eradicate it....
... for this claim to be made, ten years ago many southern Africans would plainly query why they ... more ... for this claim to be made, ten years ago many southern Africans would plainly query why they ... The narrative of such histories takes on a symbolic power of enormous significance. ... 37 For more discussion on this point, see Oliver Phillips, Constituting the Global Gay: Issues of ...
Ga. J. Int'l & Comp. L., 2004
... for this claim to be made, ten years ago many southern Africans would plainly query why they ... more ... for this claim to be made, ten years ago many southern Africans would plainly query why they ... The narrative of such histories takes on a symbolic power of enormous significance. ... 37 For more discussion on this point, see Oliver Phillips, Constituting the Global Gay: Issues of ...
African Studies Review, 2001
... Deborah Amory does this with a keen appreciation for the combination of playful conjuring and... more ... Deborah Amory does this with a keen appreciation for the combination of playful conjuring and serious dedication that underlies the performance of transgendered roles on ... Marc Epprecht's chapter on early colonial Zimbabwe pro-vides a possible bridge between these projects ...
This article historicizes the legal regulation of sexuality and claims to sexual rights in South ... more This article historicizes the legal regulation of sexuality and claims to sexual rights in South Africa and Zimbabwe, analyzing their implications. Focusing on the interaction of formal Constitutions and informal customary law in the differential development of agency and rights, it highlights the constancy of women's partial legal subjectivity alongside shifts in authority from lineage to nation-state. The tensions between the legal formalism of rights, and the historical authority of customary structures buttress the regulation of sex and the claims to sexual rights within these two countries, and they frame a discussion of how sexual health programs and policies might better engage with the development of sexual agency.
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Papers by Oliver Phillips