Saturday, May 27, 2006

Random List of Ten

Inspired by:- Ji'ins Simple Things and Jaye's Creature Comforts

Numero Uno

I love lists. That's my number one. At work I have 'to do lists', written on the backs of misprinted papers that have no confidential information on them (in case I want to take my to do lists home with me). I love other people's lists, reading lists (ie lists of things to read, not just the act of running my eye and half my mind over a list), music lists, how-to lists, things you must do before you die lists, movie lists; and the list goes on.

Second guess -

Coffee. Must have coffee. Strong, black. I turn my nose up at milk and sugar. I turn my nose up at instant. I'd rather have a splitting headache and be the grumpiest, snappiest soul ever than descend on instant. I am coffee snob, watch me twitch.

Third time lucky:-

Cleaning. Yes, I am a warped woman. It is so satisfying to scrape away at dirt and grime to reveal bright white tiles or sparkling polished floors, to cleanse the dishes of well-eaten meals and to sweep the debris of a week at work.

Fore!

Randomly bizarre objects with no practical purpose. Like dancing green man. You put him in the sun and he dances. Woe, he is not mine. He belongs to my best friend in the whole wide world. Especially since she got green man. She's my bestest friend ever.



Take Five:

Music. Not the most knowledgeable of music devotees, I nevertheless have music on almost all the time. My taste is varied and will probably surprise people. It ranges from country to jazz, 'trip-hop' to ballads, corny to cutting edge. Me and my mP3, we go places and I resist the urge to boogie at street lights.

Sixth Sense -

Projects - I plan and dream and tell the world. Rarely do I start. Current project is to scrap book my trip to Viet Nam - that was seven months ago now. I've talked about it a lot. And that's almost like doing it.

Seventh Heaven -

In the mornings, at my house, different objects reflect the sun that comes in through the slats in our blinds onto our one vast blank wall. Glorious patterns of light play and it is as if we have ART on that wall. It really is.

Behind the Eight Ball -

I am slow at reading up on all the blogs that I enjoy. I try not to at work, although sometimes I just can't help myself - usually when there's a really big proof-reading assignment to complete - I will just have a wee look around my unique blog world. An hour later and I am slapping my forehead for not lugging into the debate on time. Two hours later and I am trying to work out how to swing a freelance blog-commenting and writing career, while my mind is spinning away with its ideas. Three hours and no more billable units later, I am back to stressing about my paid work. I actually really like being able to muse, at my leisure, on such disparate topics and people. Now, how to do that and my paid work ...

Nine Lives -

My jars of different teas - sen cha green, gunpowder green, Laos tea de vert, mate, peppermint, ginseng, chai, chamomile, jasmine - neatly arrayed on my kitchen shelf. Domestic bliss, here I am.

Ten = the End

Sleeping in on a wintry morn. I bury under the doona, with a little grumble, and pretend that I don't have to be anywhere else.

And then I need to use the bathroom.

Life's just here to get me down.

You want to tell me some random things about you?

Saturday, May 20, 2006

Identity Crisis

In response to a half-posed question from Tseen Khoo.

I identify as Viet-Australian. This is very easy for me to do because both my parents are Vietnamese and I was born in Viet Nam. My family became refugees when I was two, and we arrived in Australia when I was three. I am not literate in Vietnamese, although I can speak it conversationally (provided the conversations are about neutral topics such as food and family; conversations about politics and history are beyond my Viet language abilities). When I was travelling in Viet Nam recently, I made a most amusing faux pas. Instead of saying my Vietnamese was “not very good” (do), I said my Vietnamese was “naughty” (hu). After that I said my Vietnamese was “nothing special” - binh thuong.

I also use the terms Asian-Australian and Asian to identify myself, in relation to others. Generally speaking however, I am resistant to pan-Asian terms.

Throughout the past few weeks I have been making notes about why this is. Having never articulated it clearly to myself, I decided a process was required to gain an answer. The question has been stewing throughout a week of my interactions with the world; as thoughts surface from the bubbling miasma of my everyday life, I try to capture and record them. One weeknight was set aside for handwritten stream of consciousness note taking. And then I spent a day attempting to make coherent those disparate thoughts and musings. I decided to let the post simmer on, becuase I was not yet happy with it.

Some other posts I read, and the comments made in response, also provided fodder for my pontifications.

Jenn of Reappropriate found herself defending past dating habits, as a reaction to persons who - so it appears to me - are spuriously attacking her failure to 'support' Asian-American men by dating non-Asians. I wish I could more easily dismiss these people whose personal attack on Jenn is incredibly repulsive. The position that a female Asian's failure to date Asian men is somehow racist strikes me as ludicrous. There may be a level of internalised racism in some Asian persons' dating habits (Bao Phi writes an excellent piece about his epiphany of his own racism -read Introductory Essay), but limiting your loves to only other persons who are the same race as you is racism of a different order.

I don't know Jenn at all, other than what I read on her blog and even then I've not engaged with her via her blog, and I don't always agree with her, but her posts are often complex, sometimes angry and always well thought out.

Sume also writes of her difficulty with the concept of identifying as 'Asian in General'. Her post made me wonder about what comprises the notion of a particular culture / ethnicity / race. Some of the comments in response to Sume's post raised ideas / concerns about belonging and community, and not merely identification. Some of the comments devolved into concern about ethnocentricity; but saying “I am Viet / Asian” does not equal saying “Viet / Asian is best” - and this is very much connected, as I see it, to Jenn of Reappropriate's arguments about fighting sexism within the 'Asian Community' (whatever that is).

Sume also made the very accurate statement:
"Is there really a such thing as an "Asian Community"
or is that just a term incorporated into the American Salad
by people who simply couldn't tell Chinese from Japanese from Vietnamese, etc?"


As with all my thinking, I don't consider my view fixed. Rather, I expect my reasons will wax and wane in their cogency and I will accordingly be more, or less, persuaded by myself as I age.

The overarching theme that emerged about why I resist a pan-Asian description of myself (and other people) is that I am concerned about what I (and probably others) have elsewhere called Diversity in Otherness. This theme was reiterated in my readings of the various blogs I visit throughout the week.

Not being of Anglo-Saxon or Northern European Caucasian appearance, I am a 'minority' to mainstream Australia. I am an Other.

Asia encompasses so many countries with vastly different cultures and of vastly different appearances. For some from the United Kingdom, 'Asian' might conjure up images of people of Indian and Sri-Lankan background. To rather too many mainstream Australians, 'Asian' conjures up an image of the dreaded northern invaders – the Japanese. 'Asian' also too often is perceived to be persons of Chinese background, possibly because the Chinese have had a lengthy and geographically wide diaspora. The outsider Asian – of whatever origin – will be the perceived racialist stereotype commonly held by the mainstream: the Curry, the militant Jap, the Oriental.

It is quite apparent that persons from the white mainstream can have complexities in their backgrounds but, to the mainstream, Asian people become all the same. There are experiences and descriptions that might be common to all Asians (that “Where are you from?” moment for eg, or having a white person assume your differently Asianed friend is your sibling); and to all Viet people (I can't think of anything right now).

These common experiences stem from the group's otherness from the mainstream, not experiences that unify them as a group. The experiences might structure an identity and interests that allow for the formation of a community – eg the web-based and what appears to me academia-oriented Asian Australian discussion forum – but do not, of themselves have any universal application to all Asians, or all Asian-Australian.

I found this while reading backwards through the Asian-Australian discussion forum, and it is a more articulate and eloquent rendering of what I am trying to say:

"... just as feminists have found the limits of appeals to 'women's identity', so Asian- Americans may find with ethnicities and cultures as diverse as Chinese, Indian, or Vietnamese that their racial designation itself provides little common ground. ... Where perhaps racial categories are most politically significant is in their contested relation to racism. Racism attempts to reduce members of social groups to their racial features, drawing on a complex history of racial stereotypes to do so."

* This quote was made by Natasha Cho, but unattributed on the forum.
In the short time of composing this post and being happy enough with it,
I have not succeeded in locating its author.
I apologise for not properly attributing and would be more than happy to be corrected.
*

** Tom, also from the AA discuss forum, has kindly advised that the authorship of the above quote is:-
Heyes, Cressida, "Identity Politics",
The Stanford Encyclopedia of Philosophy (Fall 2002 Edition), Edward N. Zalta (ed.)
**

I am trying to educate people, but the mainstream in particular: by calling myself Viet-Australian, I am making a clear statement that the Viet form a separate and distinct group from 'Asian'. I do not however suggest that the Viet form a unified or monolithic group. By being myself and proudly Viet, the moment when that person thinks (or, as occurs rather too often for my liking, *says* to me) “Gee, she's not very Vietnamese,” is also the moment when they acknowledge diversity within a group – whether they realise it or not.

There is, of course, the concern that descriptions like mine will become clunky. If my partner and I have a child, will it be described as Viet-Irish-long-time-Australian? And what if we migrate to another country, will I become Viet-Australian-Candian (insert other country)? In some ways, this is moot because one is and should be self-described and self-identified. The continued need for tags is, in itself, racist and leads to the awful question of: is there a minimum requirement of 'blood' to allow one to identify oneself with a culture / race / ethnicity? I do not want an answer to this question. I do not think it is an appropriate question.

Perhaps there is a requirement of some kind of connection: what the criteria of that connection must be, I do not know. But I do believe that criteria should be multifaceted and fluid, and, in the language of logic, each criterion should be sufficient, but none should be necessary.

The mere existence of difficulties and complexities does not mean one should cease to attempt complex, accurate and fulfilling self-descriptions and cultural identity. I am willing to be wrong – I am eager for cogent arguments that would persuade me to alter my position. I hope that I will always be engaging with my self-identification and with how others identify me. And I seek community, I seek people with common experiences because I believe I can learn from them, and others can learn from me, and we will all be enriched.

Wednesday, May 17, 2006

My adventures in the Law (Episode I)

In 1998, I was horrified to discover that Western Australia was patting itself on the back for having legislatively removed the concept of a wife always consenting to sex with her husband. Yes, way back then in 1998, the State of WA changed its laws so that a man could rape his wife. Before 1998, a man who had sexual intercourse with his wife, whether or not she agreed, could not possibly have raped her. That act of having said "I do" in some half-thought out ceremony however many years ago was all the 'consent' the law needed.

1998.

And then I was even more shocked to discover that the change to the laws was only just on the cards for Queensland.

What prompted that change was the horrific case of H (1995) A Crim R 88 - whose husband raped her, in front of the baby-sitter and their children, and who was sentenced to a non-custodial sentence (he didn't go to jail). I'm not highly supportive of the prison system, myself; but it was the WA Court of Appeal's reasoning that really made my blood boil. One of their reasons for imposing a non-custodial sentence was that, to imprison the husband, would be to deprive the raped H and her children of "the support and assistance" of the rapist vis-a-vis his role, presumably, as breadwinning husband. Never mind the clear treatment of her as something less than human.

As a commercial lawyer, I don't often have to deal with any type of crime, so this has lain dormant in my mind until I read about some further proposed changes to the law.

The law is inherently conservative. I am aware of this. Change is slow. Changing the law requires multifarious strategies: 'softly, softly'; fight from all angles; agitate; cogitate; but most of all persistence.

Western Australia is, with much fanfare, considering whether to bring in a statute (parliament) created defence of 'battered woman'.

I would, most certainly, advocate the creation of the defence of battered woman/person syndrome.

It was in 1998 that 'Battered Woman's Syndrome' hit the big time law books - in the case of Osland v the Queen. This meant that it had been lurking in the lower courts system for at least half a decade prior. In Osland, it didn't succeed to mitigate the woman's sentence, or, indeed, vitiate her conviction.

You see, BWS doesn't fit into traditional self-defence. Because the defence of self-defence was created by men, with men in mind - it requires immediacy, proportion of response to immediate threat created. Case law has come some way to altering and broadening the definition of self-defence. And it will be a very good thing that a statue-based defence is created.

But I am flabberghasted that it has taken so long. And I expect the furore to be great - people still fail to acknowledge the devastating impact family violence has on an individual, and it is still viewed through a stereotyped "it doesn't happen to people like us" lens.

I sincerely hope it the 'BWS defence" gets into the lawbooks, and that other states will follow suit.

 
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