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Gender and the Law 1st Class Answer

“Coloniality regenerates itself through patterns of denial, erasure, extraction and domination, and reveals its embeddedness across different contexts and forms of hegemony. A critical feminist analysis requires decolonisation of feminism’s connections with coloniality.”, Purewal, N. K., & Ung Loh, J. (2021), Coloniality and Feminist Collusion: Breaking Free, Thinking Anew. Feminist Review, 128(1), 1-12

Critically analyse how the above statement applies to gender-based violence and feminist legal responses in the Majority World/ Global South.

 

Introduction

 

This essay will critically discuss the claim that “coloniality regenerates itself through patterns of denial, erasure, extraction, and domination, and reveals its embeddedness across different contexts and forms of hegemony. A critical feminist analysis requires decolonisation of feminism’s connections with coloniality”. This essay will analyse the connection between coloniality and feminism and address the need to decolonise feminism’s connections with coloniality. In order to provide a detailed critical analysis, this essay will focus on gender-based violence against Indigenous women and girls in Canada. The essay will refer to statistics, relevant legislation, and articles written by critical feminist authors to evaluate the above statement. To do this effectively, the essay will focus on four main aspects of the quote, namely denial, erasure, extraction, domination, and hegemony. Each section will analyse feminism’s connections with coloniality and recommend how future feminist legal responses can decolonise these connections and ideologies.  

 

Firstly, this essay will evaluate how denial and erasure contribute to feminism’s connections with coloniality. In doing so, there will be a particular focus on the history of the colonisation of indigenous people in Canada. In addition, this essay will also focus on the identities of Indigenous women and the Residential School System that was introduced during the nineteenth century. There will be a particular focus on how female students were subjected to gender-based violence within the residential school system. Secondly, this essay will evaluate how extraction of resources and agency from women contributes to feminism’s connections with coloniality. In particular, the essay will look at gender and resource extraction in Canada and its effects on Indigenous women and girls in relation to gender-based violence. The essay will also look at the rate of sex trafficking of Indigenous women and girls in mining communities and what measures should be put in place to protect Indigenous people.

 

Finally, this essay will look at the domination of Indigenous cultures and hegemonic masculinity. When looking at the domination of Indigenous cultures and its contributions to feminism’s connections with coloniality the essay will look at the imposition of Western cultural norms in Indigenous communities and the suppression of indigenous cultures, identities, and traditions. In a similar regard, when looking at the impacts of hegemonic masculinity on gender-based violence against Indigenous women and girls the essay will analyse masculinity’s colonial roots.

 

Denial and Erasure of Indigenous Identities

 

To begin, one must first evaluate how denial and erasure of Indigenous identities relate to gender-based violence and contribute to feminism’s connections with coloniality. Colonialism is defined by A. D. King as an imbalance of power which leads to communities/people being exploited and “taken over.” In most cases, colonisation occurs through acts of violence. The ‘coloniser’ uses physical, political, and social means to establish power over a community and their people. It is through the colonisation of communities that colonisers deny the indigenous women of their identities and thus contribute to gender-based violence. Specifically in Canada, colonial initiatives have normalised racial and gender abuse and ideology. In doing so, indigenous women and children have been subject to gender-based violence.

 

In Canada, colonisation, denial, and erasure of Indigenous identities date back to the 1800s when Indigenous children who had been displaced during the colonisation were made to undergo conversion in schools. This was known as the residential school system. The residential school system was introduced through the Indian Act 1867. The primary goal of this act was to integrate (or convert) Indigenous people into a white Western society. The residential school system was a system filled with violence and patriarchal ideology which contributed to gender-based violence amongst indigenous women and girls. “The Indian Residential School System was purposefully gendered to undermine and remove Indigenous women’s traditional authority, agency, and roles within families, clans, and traditional governance systems.” These schools were run by missionaries aiming to convert indigenous people to Christianity and thus deprived them of their spirituality. A study conducted by the Truth and Reconciliation Committee showed that 80% of Indigenous children who attended residential schools “reported to have experienced abuse from either peers or school officials, whether it be physical, mental, sexual or spiritual”.Additionally, female indigenous children specifically were subjected to physical and sexual abuse due to their race. It is important that a critical feminist analysis decolonises feminism’s connections with coloniality so that it is more inclusive of Indigenous women and children.

 

The colonial culture and attitudes saw the Indian race as “primitive, and therefore anything to do with preserving this identity was a crime.” There was a motive to deny and erase Indigenous children of their culture and identity with a specific focus on women and girls as they were seen as inferior. This was done in many ways. Children were removed from their families and displaced and segregated by gender. Through this, they taught patriarchal ideology specifically that men were stronger and superior in all aspects and women were inferior and to conform to Western gender roles. The education for both girls and boys also had a particular focus on erasing their connections with indigenous roots and thereby denying them the right to their identity. During this time, white women played a major role in the running and maintenance of residential schools. According to the Truth and Reconciliation Report, the missionaries relied on the “underpaid and voluntary labour of missionary wives and single women who had been recruited by missionary societies”. Not only were these women exploited and used for ‘cheap labour’ as they did the majority of the daily work within the residential school system, they also directly contributed to the cleansing of Indigenous identities and gender-based violence.

 

In this regard, one can see the importance of decolonising feminist connections with coloniality through feminist legal responses. In doing so, a critical feminist must recognise the importance of intersectionality and recognise that gender-based violence often intersects with different types of oppression such as ethnicity, class, race, and indigenous identities. Additionally, when feminist connections with coloniality are broken down, feminism can begin to centre marginalised voices and identities. As can be seen with the residential school system, colonialism tends to silence indigenous voices. Once feminism breaks away from that the experiences of indigenous and marginalised communities will begin to be heard and appreciated thereby creating an inclusive and intersectional movement. Indigenous feminist Joyce Green talks about the effects of denial and erasure of Indigenous identities and states that due to feminism being met with “hostility” Indigenous feminists are reluctant to partake in the movement and label themselves as such. As such, not only should indigenous identities be protected from denial and erasure, but also feminism itself. The feminist community should not be one filled with hostility. Until the feminist community is rid of feelings of hostility, it is important to decolonise its connections with coloniality as hostility is rooted in the patriarchal ideology of Western society. Feminism is intersectional and inclusive of all minorities and backgrounds therefore no one should feel ashamed or afraid to call themselves a feminist.

 

Extraction of Resources

 

The extraction of resources and agency from Indigenous women contributes to gender-based violence and is rooted in feminism’s connections with coloniality. When reviewing the extraction of resources in Canada one must also consider the history of the colonisation of indigenous people. There is a long-rooted history of “underfunding basic services for Indigenous peoples, poor decision making over land and resources, and historically limited opportunities for Indigenous peoples in decision making.”  A study on resource development and violence against Indigenous women and girls prepared by The Union of B.C. Indian Chiefs found that “extractive industries fuelling the climate crisis have been directly linked to violence against women, girls, and 2SLGBTQQIA+ … through hyper-masculine cultures and industry settings where misogyny and white supremacy are prevalent.” The issue of resource extraction is a multi-faceted one. In Canada during the 2000s there was a boom in oil and natural gas. This led to the development of ‘boomtowns’ which are “loosely defined as once rural out of the way settings… these communities became home to the transient workforce attracted to area by extraction industry work.” The extraction industry in Canada is a male-dominated industry with women only representing 14.4% of the workforce. This issue is not limited to resource extraction in Canada as studies show that whilst there is an “increasing number of women working within these industries whether as executives, employees, lawyers, or business partners, globally, women remain under-represented.” In spite of this, sexual harassment within the mining industry is very common with 47% of female employees at management level experiencing some form of sexual harassment.

 

The extraction industry in North Canada specifically increased the number of male workers in the area thereby increasing the rate of substance abuse, gender-based violence, and domestic abuse. Indigenous women in resource extraction communities are subjected to increased levels of gender-based violence in the workplace and within the community. This includes rape and sex trafficking. Additionally, the National Inquiry into Missing and Murdered Indigenous Women in Canada found that “resource extraction projects can fuel violence against Indigenous women”. As noted above, resource extraction projects and initiatives are male-dominant areas thereby bringing in predominantly male employees to indigenous areas. Studies show that in Indigenous areas with these workforces, Indigenous women and girls are more likely to face sexual exploitation and sex trafficking. Amnesty International launched a campaign to combat this in October 2004. This campaign was labelled ‘Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women in Canada’. The report provided by Amnesty International states that one of their main concerns is “the heightened threat of violence created by the social and economic marginalisation of Indigenous women within Canadian Society.” It is clear from the report that trafficking and gender-based violence against Indigenous women and girls are not isolated incidents and have increased due to resource extraction in Indigenous communities.

 

In order to decolonise feminism’s connections with colonialism in relation to extraction, one must take a rights-based approach to protect the rights and welfare of Indigenous women and girls. This includes providing mandatory education in schools around gender-based violence to teach perpetrators from a young age about the effects of gender-based violence and to lead young people away from patriarchal ideologies. In addition to this, there should be mandatory training in the workplace, specifically in the resource extraction industry, concerning cultural awareness and gender equality training. In doing so, there will be more awareness of the identities of Indigenous women and girls and will promote a safe and healthy environment in an ideal world. Feminist legal responses must not only focus on the immediate causes of gender-based violence. Critical feminists must also look at the structures of societies and workforces and challenge legal frameworks and systems that are inherently patriarchal and promote gender equality.

 

Domination of Indigenous Culture and Identities and Hegemonic Masculinity

The domination of indigenous cultures, identities, and traditional practices by colonisers has undoubtedly contributed to feminism’s connections with coloniality. The Indian Act 1867 was used as a method of domination of indigenous culture in Canada which created a feeling of disempowerment and vulnerability across indigenous communities. Within this legislation, Indigenous women and girls are left particularly vulnerable as the “Indian Act’s patriarchal provisions redefined their identities in ways that marginalise the role they play within their communities.”Additionally, up until 1985 indigenous women who married a ‘non-Indian’ man were subsequently shunned from their community. These women were denied any access to their heritage and culture and any children from the mixed marriage were denied their right to identify with their indigenous heritage. On the other hand, men did not have to follow these rules. As noted by feminist legal scholar Jo-Anne Fiske, indigenous men who married non-indigenous women were celebrated and these women were “awarded Indian status as were the children of these marriages.” Further to this, sons from a mixed marriage where the father had Indigenous roots “acquired Indian status, while daughters born in the same circumstances did not.” This is a clear example of colonial domination of Indigenous cultures and highlights the importance of decolonising feminism’s connections with coloniality.

The patriarchal dominance of Indigenous communities often leaves Indigenous women economically and socially marginalised thereby making them more vulnerable to gender-based violence (whether it is physical or sexual). During the colonisation in Canada and the introduction of the residential school system, many indigenous women and children were displaced. This forced Indigenous women to “migrate to urban areas, either making them vulnerable to various forms of violence or reproducing the violent circumstances they have fled.” Critical feminist and legal scholar Rauna Koukkanen adds to this analysis stating that indigenous women who have migrated to urban areas often are left with no option but to work in the sex industry in order to survive. This is “a space where violence can be committed without much public attention or police investigation and where the superiority of the white masculine identity can be expressed and reinforced through and as violence” thereby further proving the claim that patriarchal dominance of indigenous women leads to gender-based violence.  

To address the domination of Indigenous culture in Canada, a critical feminist must first recognise the impacts of gender-based violence and challenge patriarchal ideology. In doing so, one must celebrate and embrace the differences betweenIndigenous culture and Western culture instead of allowing patriarchal domination to suppress indigenous cultures and identities. To do this, one must start by recognising the issue of gender-based violence in indigenous communities and its connections with domination and patriarchy. Thereafter, critical feminist responses should then challenge this patriarchal ideology in order to decolonise feminist connections with coloniality.

Finally, similar to the domination of Indigenous culture and identities, hegemonic masculinity promotes the marginalisation of Indigenous women thereby contributing to gender-based violence. The term hegemony derives from ancient Greece and refers to domination and leadership. The history of gender-based violence against Indigenous women and girls is rooted in hegemonic masculinity. Indigenous feminist, Gina Starblanket, analysed the connections between gender-based violence and hegemonic masculinity and states that “indigenous women’s and girls’ bodies have historically been the targets of violence, not just to clear physical bodies from spaces desired for settlement but also because of what said bodies represent: that is, relationships with land, jurisdiction, processes of reproduction, kinship, and, ultimately, difference from western systems of law and governance.” This highlights the importance of a critical feminist analysis decolonising feminism’s roots with colonialism. It is clear that through hegemonic masculinity which is highlighted in the works of Cheryl N. Collier, who states that “the intent of gender-based violence is to prevent women – and particularly racialized women – from normalized access to political and economic power and to punish them for seeking that access.” Collier then goes on to explain that in this regard, it is clear that gender-based violence against Indigenous women and girls “punishes them from existing in Canadian colonial spaces.”

A multi-faceted approach is required in order to address the effects of hegemonic masculinity on gender-based violence against Indigenous women and girls. When assessing the rates of gender-based violence against women and girls we must be intersectional and include indigenous identities and recognise the effects that colonialism, racism, white privilege, and hegemonic masculinity have on these numbers. As Collier states, “if political science researchers continue to marginalize gender-based violence research, we are part of the reason why the norms of hegemonic, toxic, heteronormative, white androcentric masculinity continue to define political success, marginalizing those who do not fit in this norm.”

Conclusion

To conclude, it is clear from the findings in this essay that a critical feminist analysis requires the decolonisation of feminism’s connections with coloniality.  In regard to the denial and erasure of the identities of Indigenous women, feminist legal responses must embrace the concept of intersectionality. Intersectional feminism is of the utmost importance in all aspects to ensure the equal treatment and respect of women of all backgrounds and identities. To create a safe, intersectional space for Indigenous women a critical feminist analysis should centre the voices of Indigenous people and recognise the struggles they face. In addition to this, a critical feminist analysis should recognise and celebrate the diversity of women and consider how factors such as indigenous status intersect with gender. In doing so, the critical feminist analysis will become an intersectional one which decolonises feminism’s connections with coloniality. It is clear that there is a level of hostility towards the feministmovement which inherently takes away from indigenous feminists also. Denial and erasure have played a significant role in the increase of gender-based violence against Indigenous women and girls through the (attempted) erasure of their identity. The findings in this essay show that with the introduction of the residential school system, there was an increase of patriarchal ideology and gender-based violence within the school.

In regards to the extraction of resources, the findings of this essay show that the number of victims of gender-based violence against Indigenous women and girls wassignificantly higher in boomtowns. A critical feminist needs to address the power imbalances created in these towns in order to decolonise feminism’s connections with coloniality. There is a need for more education and protections within the workplace, in particular within the extraction industry, to promote the safety and welfare of Indigenous women and children in these towns. Additionally, there must also be an increase in cultural awareness in regard to sexual harassment and sex trafficking as research shows in this essay that towns within the extraction industry are at a higher risk of experiencing the same.

Finally, in relation to the domination of Indigenous cultures and the effects of hegemonic masculinity, the findings in this essay show that the dominance of patriarchal ideology in Indigenous communities increases the risk of gender-based violence. This ideology is deeply embedded in colonialism and as such, a critical feminist analysis must recognise these historical injustices and promote the decolonisation of feminism’s connections with coloniality. In addition to this, it is important that a critical feminist’s analysis does not marginalise gender-based violence research and recognises the effects that hegemonic masculinity has on the number of victims of gender-based violence within Indigenous communities. In doing this, it will ensure that a critical feminist analysis decolonises its connections with coloniality. When a critical feminist analysis does not do this, it is silencing the experiences of Indigenous women and invalidating their experience – which highlights why a critical feminist analysis requires the decolonisation of colonial roots.

In conclusion, feminism is intersectional and inclusive of any race, class, status etc. Therefore, to remain inclusive of allexperiences regardless of any of the listed factors it is a requirement that a critical feminist analysis decolonises its roots to colonialism. This can be done through education, recognising historical injustice, addressing power imbalances, celebrating diversity, and finally centring indigenous voices.


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