The Tyranny of Civility

The Tyranny of Civility

Some years ago, a student was celebrated across our media for clearing up rubbish bins that had been upturned by outsourced workers protesting to be insourced (in other words to be part of an employment relationship that honoured basic human dignity).

I explained this esteeming of the ‘genteel’ and ‘civil’ over actual justice as ‘drinking tea while Rome burns’ to my kids.

My first-born got this tattoed on her arm in the place I was hoping she would get ‘Mom’ tattooed. 

Perhaps my last-born will ‘do me nice’.

In something of the same vein, we are still being fooled into esteeming civility and ‘order’ over the chaos that often accompanies taking action to heal.

The media, buoyed by certain political groupings, have convinced us that today’s Shutdown is planned violence or criminal activity.

Chillingly, it resounds with the campaign that was embarked on nationally and internationally to recast the Marikana miners as criminals rather than protestors. There is a materiality to these kind of campaigns. And, that materiality may be actual bloodshed.

In all the noise and the attempts to convince us to recast would-be protestors as hooligans and criminals, we have lost their message. And, it may be a lifesaving message for every single one of us: we cannot possibly continue to hold to the idea that any of us have a sustainable future whilst the majority of us live with far less then they need and a very small number of us live in excess. 

If we dialled down the noise of these campaigns and actually listened, we would learn about how our energy grid is held hostage not only to the corruption that we think we can see but a far more insidious corruption of long term and evergreen contracts that prop up international corporations whilst we pay more and more for electricity. This, without even starting on how the global South is being pressured to accelerate a just energy transition even though we are not the biggest polluters whilst the global North continues to pollute our mother whilst running wars to boot.

If we had eyes to see and ears to hear we may not be so quick to cast those speaking up as criminals whilst we partake in muting and shutting down their voices to the detriment of us all whilst unknowingly propping up the biggest crime of all which is the giant pyramid scheme of capital. As more and more of the middle class joins the poor in debt and uncertainty, it is time to join the poor in voice.

Because ‘genteel’ society puts the Mandela’s and MLK’s of this world on T-shirts, we have often forgotten that true peacemakers are often cast as the terrorists of this world, the menaces, the ‘disturbers of the peace’. We celebrate a recast, tamed, palatable version of these disrupters.

In his letter from a Birmingham Jail, Dr King wrote:

‘My citing the creating of tension as part of the work of non-violent resistance may sound rather shocking. But I must admit, I am not afraid of the word ‘tension’.

I have earnestly opposed violent tension, but there is a type of constructive non-violent tension which is necessary for growth.’

In Healing Resistance, Haga says that it is easier in the short term to sweep issues under the carpet and settle for a cheap yet ultimately unsustainable negative peace. It is an entirely different conversation to proactively work against violence and build toward a positive peace that includes justice for all. It requires us to lift the veil of injustice, he says and work to repair the harm.

We can create a negative peace by bombing countries or crushing protest. But that’s not peace. It never endures in the long-run.

Today’s protestors are lifting the veil on injustice. We can deny our own inbuilt sense of injustice and compassion by looking away in all kinds of circumstances. We can turn the television off when we see suffering. We can look to the ‘redemptive’ violence of the police and military as we attempt to quell our own fears. I completely get the fear that lingers from July 2021. I, too, lived the fear and uncertainty of that. 

But, I sincerely believe our fears are misplaced and that celebrating the crushing of voices today by police and military might has us siding with a system that is going to end us all. Unless we use our freedom of choice to choose differently.

Getting to a true peace for us all involves acknowledging the harm in the first place. Taking on violence is not easy and it will not be without loss. Haga says it is about undoing harm, performing an operation that can heal the wound. The bigger the harm, the messier the operation will be.

We should not be fooled about where the real violence is at. We should not cheer on the violence of the state as it attempts to crush ‘the surfacing of the conflict that already exists so that it can finally be addressed’, as Haga writes.

We could all partake in the work of healing today and it might be as simple as not adding our voices to a conversation that says ‘good, shoot them’ or ‘good, lock them up.’

Today a healing portal opens up and it matters what we do with our thoughts, words and deeds as the conflict surfaces for us to grapple with.

It’s time for us to reclaim the political space as a space for problem-solving and conflict resolution. 

Politicians should be peacemakers, skilled mediators. We, the people, get to take back this space from the rivalling gang turf wars that party politics have become. To do so requires that we bring our awareness to how our own thoughts, words and deeds affect the whole thing.

Today’s shutdown will disturb our ‘peace’ but we may learn that it is really disturbing our complacency, to use Haga’s term. Let’s not double down on our complacency by celebrating the violence of the state and its policing and military capacity.

Let’s celebrate the surfacing of this tension and the necessary conversations that go with it.

As Adrieene Maree Brown writes in Emergent Strategy:

‘Once there were kings and queens all over the earth. Someday we might speak of presidents and CEO’s in the past tense only. It is important that we fight for the future, get into the game, get dirty, get experimental. How do we create and proliferate a compelling vision of economies and ecologies that center humans and the natural world over the accumulation of material?’

Step one: to borrow yet another term from Haga, we resist the tyranny of civility.

Sheena Jonker

ADR Network SA and Access to Justice SA

sheena@accesstojustice.co.za

20 March 2023

Clear minds. Open hearts. Empowered Wills

We are at our best when our minds are clear, our hearts open and we have full agency over our will.

Largely rooted in adversarialism, competition and combat, our various social, economic and political systems and, certainly our legal system have us living and operating with less coherence than we should, with fearful hearts and therefore inflamed nervous systems and generally with very low agency. So we go about our lives with medicine being done to us or for us rather than with us. Justice is done to us or for us rather than with us. And we could say the same to varying degrees for the way we parent, our economic structures and of, course the way we do politics.

We are surrounded by high-combat, low agency systems that do not foster clear mindedness, open heartedness and empowered wills.

Using alternative dispute resolution systems, we could promote discursive processes (like mediation) in all our systems. This is how we help to push power back to the people-this is how we empower individuals so that we work towards justice co-created, health and well-being co-created, politics co-created and so on. We reduce fear, we increase co-herence and we re-learn how to use our free will in the service of humanity.

 Clear minds. Open hearts. Empowered Wills

In peace,

Sheena Jonker

sheena@adr-networksa.co.za

[i] With thanks and apologies to Charles Dickens

[ii] For previous blogs: ALTERNATIVE DISPUTE RESOLUTION IN THE TIME OF COVID 19 | ADR Network SA (adr-networksa.co.za) and ADR, HUMAN RIGHTS AND COVID-19 | ADR Network SA (adr-networksa.co.za) and LOCKDOWN-RELATED DISPUTES AND THE ROLE OF ADR | ADR Network SA (adr-networksa.co.za)

[iii] Kenneth Cloke, ‘Politics, Dialogue and the Evolution of Democracy’

[iv] http://www.adr-networksa.co.za/restorative-justice-state-capture-and-corruption/ and

http://www.adr-networksa.co.za/dudu-myeni/

 

Healers

What if

Parents saw themselves as healers

Teachers saw themselves as healers

Lawyers saw themselves as healers

Mediators saw themselves as healers

Business owners saw themselves as healers

Doctors saw themselves as healers

If the work of healing is a commitment to the whole

If ‘holy’ shares the same root as ‘healed’ and ‘whole’

Then it follows that it is absolutely vital that more of us see ourselves as

Healers

In peace,

Sheena Jonker

sheena@adr-networksa.co.za

[i] With thanks and apologies to Charles Dickens

[ii] For previous blogs: ALTERNATIVE DISPUTE RESOLUTION IN THE TIME OF COVID 19 | ADR Network SA (adr-networksa.co.za) and ADR, HUMAN RIGHTS AND COVID-19 | ADR Network SA (adr-networksa.co.za) and LOCKDOWN-RELATED DISPUTES AND THE ROLE OF ADR | ADR Network SA (adr-networksa.co.za)

[iii] Kenneth Cloke, ‘Politics, Dialogue and the Evolution of Democracy’

[iv] http://www.adr-networksa.co.za/restorative-justice-state-capture-and-corruption/ and

http://www.adr-networksa.co.za/dudu-myeni/

 

The Birth of New Systems Rooted in Restorative Justice, Transformative Justice and Healing Part 1: The Resurgence of Indigenous Knowledge Systems

 

The Birth of New Systems Rooted in Restorative Justice, Transformative Justice and Healing
Part 1: The Resurgence of Indigenous Knowledge Systems

The word ‘Indigenous’ has its etymological roots in indo from the Latin and Endina from the Greek.
Both iundicate the emergence from the very entrails of a place. 1 Gen indicates birth and geni spirit.
So, we can say that ‘indigenous’ is related to beings, wordlviews, values, ways of life and ways of
knowing engendered from and belonging to a land that existed before the conquisita and
colonization. 2
Indigenous peoples and knowledge systems are not homogenous. However, Davis says that their
axiologies, cosmologies, epistemologies and ontologies are strikingly similar across diverse
geographies and cultures across the globe. 3
Modern Restorative Justice emerges against the backdrop of heightened awareness that indigenous
knowledge systems grounded in an ecological ethos of inter-relatedness and collaboration have
much to offer our fractured world.
For more than Five Hundred Years Western Systems have brought us separation, competition and
subordination and have contributed to a crisis that imperils our future. 4 The destruction wrought by
systems of separation, hierarchy and competition can be felt in our bodies, our families,
communities and by animals, plant life, water and the earth. 5
The magnitude of destruction has us seeking alternative worldviews-ones that transform, restore
and heal. 6
It is in this context and against this backdrop that we see the rise of restorative justice,
transformative justice and abolitionist thought.
This resurgence fulfils a prophecy: during the 1500s, Native American Elders gathered in Mexico in
the early days of the onslaught of European Colonization. The Aztec Ruler predicted 500 years of
‘Dark Sun’. At the end of this, there would be a ‘Bright Sun’ of Human Consciousness. 7
It was also predicted that the condor signifying the South and Feminine and lunar energies would fly
with the Eagle signifying the North and Masculine and solar energies.
The prediction was that at the time of the Bright Sun, the two would re-unite and the ancient
knowledge of the earth would re-emerge from all four directions.
During the five hundred year period (the period of the Dark Sun), we have had the Papal Doctrine of
Discovery which sanctioned the conquest and subjugation of indigenous people across the earth, the
International Slave Trade, the Genocide of Native Americans, individualism, materialism and the
emergence of racial capitalism and the very notion of race itself. 8
According to this prophecy, we are moving into the period of the ‘Bright Sun’ and it is my view that
Restorative Justice will become the ground of being of all our systems-parenting, schooling,
workplace, economics, politics, the legal system and health.
In order to see its full expression in our systems, transformative justice and abolition will give us the
courage to identify systems that are not in service to humanity, abolish them and establish new
ones.

In my next piece on this, I will African Indigenous Justice against Western ideas on harm and
punishment and I will argue that we could establish superior systems if we learned African
Indigenous Knowledge systems

In peace,

Sheena Jonker

sheena@adr-networksa.co.za

[i] With thanks and apologies to Charles Dickens

[ii] For previous blogs: ALTERNATIVE DISPUTE RESOLUTION IN THE TIME OF COVID 19 | ADR Network SA (adr-networksa.co.za) and ADR, HUMAN RIGHTS AND COVID-19 | ADR Network SA (adr-networksa.co.za) and LOCKDOWN-RELATED DISPUTES AND THE ROLE OF ADR | ADR Network SA (adr-networksa.co.za)

[iii] Kenneth Cloke, ‘Politics, Dialogue and the Evolution of Democracy’

[iv] http://www.adr-networksa.co.za/restorative-justice-state-capture-and-corruption/ and

http://www.adr-networksa.co.za/dudu-myeni/

 

1 The Little Book of Race and Restorative Justice, Fania E Davis (2019) Good Books p21
2 Davis, supra
3 Davis, Supra
4 Davis, Supra
5 Davis, Supra
6 Davis, Supra
7 Davis, Supra
8 Davis, Supra

Care Over Cure

Care over Cure

If we take an honest look around us, we partake in a lot of actions that help us to endure the distress of the systems we form part of.

An individual in an abusive situation may be told he or she needs to attend to their mental health. Whether we address this idea of working towards mental health by medicating the individual’s symptoms of distress (anxiety and/or depression) or we approach his or her distress seemingly more holistically and we indicate sleep, a good diet and exercise in the name of self-care, we may be missing the one thing, the only thing that is can actually eliminate the distress: this person needs to exit the environment in which he or she is being abused.

We may keep the symptoms of his or her distress at bay with medical approaches or wellness approaches but if we fail to remove the cause of the distress, we will forever be simply keeping the symptoms at may.

In the same way, we may look around us and be able to see the many ways in which we are simply coping with our distress without ever addressing the cause of the distress which may be a family system, a schooling system, a workplace system.

Very much like medicine, the legal system often offers us a potential ‘cure’ without every addressing the genesis of the breach.

ADR systems, precisely those that are discursive like Mediation, can help us to co-create systems of care that may help us to eliminate or reduce the extent to which all our current systems manifest great distress and therefore have us normalising inconsequential, at best, and wholly destructive at worst, attempts at cure.

Care over Cure

In peace,

Sheena Jonker

sheena@adr-networksa.co.za

[i] With thanks and apologies to Charles Dickens

[ii] For previous blogs: ALTERNATIVE DISPUTE RESOLUTION IN THE TIME OF COVID 19 | ADR Network SA (adr-networksa.co.za) and ADR, HUMAN RIGHTS AND COVID-19 | ADR Network SA (adr-networksa.co.za) and LOCKDOWN-RELATED DISPUTES AND THE ROLE OF ADR | ADR Network SA (adr-networksa.co.za)

[iii] Kenneth Cloke, ‘Politics, Dialogue and the Evolution of Democracy’

[iv] http://www.adr-networksa.co.za/restorative-justice-state-capture-and-corruption/ and

http://www.adr-networksa.co.za/dudu-myeni/