Voces of Art, Music and Dialog From Cuba

As part of a series of innovative encounters among academics, artists and musicians in Cuba, Estado de SATS recently released a short video of  some music produced from this meeting of art and ideas.  Well worth a listen:

Concierto "Estado de Sats"

Video of some of the presentations, and discussion of Cuba's future can be accessed at:

Fragmentos del Panel: Futuros y visiones de Cuba.

Forum on SB 1070 at the University of Florida

This is part of a report on a forum on SB 1070 sponsored by the Center for the Study of Race and Race Relations at the University of Florida Fredric G. Levin College of Law, that was held on Wednesday, June 16, 2010. The complete report is available at:

http://www.law.ufl.edu/news/releases/2010/100618-csrrr-panel.shtml

[Professor Pedro] Malavet addressed the law and its implications from a standpoint of culture and race.

"Laws like this reflect a level of anti-Hispanic, anti-Latina/Latino sentiment that will have a most pernicious effect on citizens," he said.

Malavet, who was born in Puerto Rico, expressed concerns about racial profiling that will occur because of the law, based his own personal experiences and the experiences of other Latino and Latina citizens.

"Can any of you right now, right here prove that you’re a citizen of the United States?" he asked. "And the other question is 'why would you be asked to prove that you’re a citizen of the United States by a law enforcement officer?'"

Latinos and Latinas are often categorized or thought of as one race in the United States, even though they are a multi-racial ethnic group, but this leads to racism based on the outward appearance of being foreign, Malavet said.

"I think that one of the reasons why we see laws like SB 1070 is not really concern over immigration, legal or otherwise. I think it is about us; it is about Latina and Latino citizens and it is about the fact that we are going to be the largest identifiable group within the United States in the coming century."

The Latino and Latina population is estimated to have increased by over one-third between 2000 and 2009, he said.

Latinos and Latinas have always been viewed in the United States as racially inferior, Malavet said. Perceptions and stereotypes of Latinos and Latinas have even shifted during the history of the U.S. to uphold this viewpoint.

"We have been citizens of this country since before it was this country," Malavet said, "and if you think about it, the two largest Hispanic groups in the United States are Mexican-American and Puerto Ricans; not one of us came to the United States at the time our territories were first conquered by this country, the United States came to us."

"Everybody who values citizenship in this country needs to understand that we are the most successful multi-cultural democracy in the history of the planet, and we will continue to be only when we value that diversity and fight the racism that SB 1070 reflects," he said.

Pluri-National States and Poly-Legalism in Bolivia--Indigenous Justice, Lynching and Constitutional Order

In 2009 Bolivia adopted a new constitution.  The Bolivian Constitution can be accessed here in the original Spanish.   English version HERE

On February 7th, 2009, Morales inaugurated the new constitutional era in Bolivian by enacting the New Bolivian Constitution, proclaiming the initiation of a new socialist communitarian state in Bolivia and celebrating the change of a political system that was inherited from the Spanish empire. Today, 36 indigenous communities and groups have the right to territory, language and their own communitarian justice. The new Bolivian Constitution also allows Morales to seek a second term of 5 years as President of Bolivia.

The Constitution of the Plurinational State of Bolivia,The New Bolivian Constitution Grants More Rights to the Previously Forgotten Indigenous Citizens, Oct. 12, 2009.   The Constitution  includes a number of important innovations generally overlooked by a global elite academy.  See, e.g. Larry Catá Backer,Democracy Part VII: Constitutionalism and Indigenous Peoples in the Bolivian Constitution, Law at the End of the Day, December 9, 2007; Larry Catá Backer, An Apartheid for All Seasons: Bolivia and its Autonomy Movements,   Law at the End of the Day, May 3, 2008.

One of the more interesting changes introduced by the Bolivian constitution wad the creation of autonomous and constitutional status  based not on territory but on membership in ethnic or racial communities.  Beyond the recognition of constitutional personality, the 2009 Constitution recognizes the legitimacy of justice systems traditional to these constitutional communities--especially those of indigenous communities.    But like all pluralist efforts that are enshrined within hierarchical legal systems--like that essential to notions of constitutionalism--the moment comes when autonomy comes into conflict with the superior legal order.  That appears to be happening now in Bolivia as legislators try to mediate tensions between notions of indigenous justice and the basic protections accorded under the Bolivian constitution itslef under the superior guidance of the national legislature. 

Recently those tensions reached a boiling point.  The issue was, depending on one's perspective, either one of the expression of the power of indigenous peoples to execute offenders in accordance with their traditions, or  lynching.  Mabel Azcui, Fears Grow of Dual Justice System as Bolivian Clans Take Law Into Own Hands, El País (English Version), June 16, 2010.       

The Bolivian Congress last Friday approved legislation further empowering indigenous communities by recognizing their right to administer traditional laws and punishments.  The move cam after  a series of lynchings were reported in the media in recent weeks raising concerns that the country was effectively sanctioning a parallel system for Indian groups.

Id.  But the law raises more jurisdictional questions than provides answers.  The most recent set of incidents have highlighted these issues.  They involve the executions by Indian communities of several police officials accused of corruption and of another person accused of sexual crimes.  Id.  In the later case, "the Indians took [the accused] from his home, whipped and beat him to death in front of a school and later buried him."  Id.  The bodies of the police officials were returned only on a promise that the State would not initiate criminal prosecutions nuder Bolivian law for the actions taken under Indigenous law.   Id.  But, that has not prevented the families of the slain officers from seeking justice through the invocation of their own law systems.  And it is in that effort that the great clash of law systems within Bolivia is likely to take place.

Last week, the families decided to initiate legal action against the Indian communities and said they were considering filing charges against government officials and police commanders for dereliction of duty.  The Indians of Uncia say that the lynching is part of the Indigenous justice system, but the government rejects the argument.

Id.  The political opposition in Bolivia has taken up the issue.  Norma Piérola, an opposition lawmaker has  sought to limit indigenous jurisdiction.  She is especially concerned that Indigenous law decisions be subject to judicial review within the court system of the state.  In any case, the "government says that indigenous representatives must now outline their justice system, and submit it to Congress.  It adds that lynching would not be recognized as part of the indigenous justice system." Id.  But that, of course, begs two questions--(1) what is lynching ; and (2) who gets to decide the issue.  Beyond that, Bolivia provides an interesting constitutional wrinkle on the problems of multi-jurisdiction, now applied not to territorial but to cultural, racial or other groups recognized as constitutionally distinct. 

Latino Identity (Sub)Culture Explored in an Independent Film Noir

Last month a new Latino film entitled La Mission created in the film noir genre of film making, which explores the deeper, grittier, darker side of our culture or sub culture, as some may say, was released. According to the trailer, La Mission pays homage to the neighborhood and people we grew up around, and captures the vibrancy, cultural pride, flavor and sound of the ever-evolving Barrio. At the center of the story is Che, an old school reformed bad boy and single father who has dedicated his life to raising his 18 year-old son. Jess is a UCLA-bound honors student who is hiding a deeply-held secret from his macho father-- he's gay.




La Mission takes a hard look at some of the prevailing attitudes that still thrive and creates major divisions within our community regarding identity, machismo, acceptance, and unconditional love. La Mission also celebrates the humor, the sense of pride, and the passion for life that exists alongside the everyday struggles of our lives. La Mission was created, directed and produced by Benjamin Bratt (Law & Order) and his brother Peter. The website for the movie is available here. There is a La Mission Facebook page which provides details regarding the cities and theaters at which the film will be playing as well as photos and information on the film and its crew. Members of the cast were interviewed at the premiere in San Francisco. Clips from their interviews are available here. The film also has an AMAZING soundtrack with a really sensual Afro-Latin beat and lyrics that take us way way back. Surprisingly, I cannot find the album on iTunes.

Lydie Nadia Cabrera Pierre-Louis