Mixed Race Studies

Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response

Cambridge University Press
October 2012
254 pages
2 maps; 1 table
228 x 152 mm
Hardback ISBN: 9781107024861
Paperback: 9781107695436
Adobe Ebook Reader ISBN: 9781139786676

Tanya Katerí Hernández, Professor of Law
Fordham University, New York

There are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America’s legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies. Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a “post-racial” rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.

Features

• Provides a comprehensive examination of the entire Latin American region with regard to racial inequality
• Hernández is the first author to thoroughly consider the role of customary law in erecting and sustaining racial hierarchies
• Offers a comprehensive examination of development of racial equality laws across the region

Contents

• Maps
• 1. Racial Innocence and the Customary Law of Race Regulation
• 2. Spanish America Whitening the Race – the Un(written) Laws of Blanqueamiento and Mestizaje
• 3. Brazilian “Jim Crow”: The Immigration Law Whitening Project and the Customary Law of Racial Segregation – a Case Study
• 4. The Social Exclusion of Afro-Descendants in Latin America Today
• 5. Afro-Descendant Social Justice Movements and the New Antidiscrimination Laws
• 6. Brazil: At the Forefront of Latin American Race-Based Affirmative Action Policies and Census Racial Data Collection
• 7. Conclusion: The United States–Latin America
• Connections
• Appendix A: Afro-Descendant Organizations in Latin America
• Appendix B: Typology of Latin American Racial Antidiscrimination Measures
• Bibliography
• Index

I don’t think there is much racism in [Latin] America because we are a mix of races of all kinds of Europeans, Africans, Asians, and other races that were or will be; but I understand that in many other parts there is racism, above all in the United States and Europe, is where there is the most racism.¹

There are approximately 150 million people of African descent in Latin America, representing about one-third of the total population (see Maps 1 and 2). Yet, these are considered conservative demographic figures given the histories of undercounting the number of persons of African descent on Latin American national censuses and often completely omitting a racial/ethnic origin census question. At the same time, persons of African descent make up more than 40 percent of the poor in Latin America and have been consistently marginalized and denigrated as undesirable elements of the society since the abolition of slavery across the Americas. Yet, the view that “racism does not exist” is pervasive in Latin America despite the advent of social justice movements and social science researchers demonstrating the contrary. When the BBC surveyed Latin Americans in 2005 regarding the existence of racism, a significant number of respondents emphatically denied the existence of racism. Many, for instance, made statements such as “Ibero-Americans are not racist,” and “Ibero-America is not a racist region, for the simple fact that the majority of the population is either indigenous, creole, or mixed.”

Thus the denial of racism is rooted in what many scholars have critiqued as the “myth of racial democracy” – the notion that the racial mixture (mestizaje/mestiçagem) in a population is emblematic of racial harmony and insulated from racial discord and inequality. Academic scholarship has in the last twenty years critiqued Latin American “mestizaje” theories of racial mixture as emblematic of racial harmony. Yet, Latin Americans still very much adhere to the notion that racial mixture and the absence of Jim Crow racial segregation are such a marked contrast to the U.S. racial history that the region views itself as what I term “racially innocent.” Indeed, the extensive survey data from the Latin American Public Opinion Project’s “Americas Barometer 2010” demonstrates that biased Latin American racial ideologies have not completely evolved despite the existing scholarly critiques of mestizaje as a trope of racial innocence. For instance, in the Americas Barometer 2010 survey of Bolivia, Brazil, Colombia, Dominican Republic, Ecuador, Guatemala, Mexico, and Peru, the vast majority of the country populations (of all races) agreed with the mestizaje notion that “racial mixture is good for the country.” In fact, more than 75 percent of all respondents agreed with the statement and largely endorsed the idea of interracial marriages. Yet, the Americas Barometer data also show that for those Latin Americans who did express disagreement with the idea of their children marrying black partners, the opposition level was dramatically greater from white respondents in contrast to black respondents. Specifically, in those countries where the Americas Barometer asked whether there was disagreement with one’s own children marrying a black person, such as Brazil, Colombia, the Dominican Republic, and Ecuador, the opposition by whites to interracial black marriages was on average 60 percent greater than the opposition of blacks to such marriages. (Other countries were asked about marriage to a person of indigenous descent.) These results thus accord with the long-standing data that marriage patterns in Latin America are generally racially endogamous.

The Americas Barometer 2010 data also indicate that white respondents in several Latin American countries are considerably more likely than other groups to state a preference for lighter skin. For instance, in Colombia, Ecuador, and the Dominican Republic, on average 26 percent of white respondents agreed that they would prefer lighter skin, in contrast to the 13 percent average of black respondents who prefer lighter skin. In Mexico and Peru, blacks on average had greater rates of preference for lighter skin (37%) than whites (26%). In Brazil the rate of white preference for lighter skin closely approximated blacks’ lighter-skin preference rate. Even socialist Cuba continues to manifest a preference for whiteness and a white opposition to interracial marriage. Moreover, in a 2004 comparison of implicit and explicit racial bias in the United States, Cuba, the Dominican Republic, and Puerto Rico, the rates of both implicit and explicit racial bias were higher in all three Latin American contexts as compared to the United States. Thus despite the overwhelming articulation of mestizaje as an indicator of racial harmony across much of Latin America and the different ways that it is articulated within each country, attitudes of racial distinction and superiority persist beneath the celebration of racial mixture. In part, the absence of a legal critique of the Latin American comparisons to the Jim Crow United States has enabled the Latin American “racial innocence” stance to remain. This book seeks to fill in that gap in the literature and provide the legal critique.

Specifically, this book is about the ways in which the Latin American denial of racism operating in conjunction with the notion that true racism can only be found in the racial segregation of the United States veils the actual manifestations of racism in Latin America. I will argue that an examination of the role of the state after the abolition of slavery in regulating race through immigration law and customary law disrupts this picture of Latin America as “racially innocent.” I will then assess the ways in which the contemporary Latin American antidiscrimination laws seek to eradicate the legacy of racial inequality wrought by the historic racism of the state. Finally, I will conclude the book with insights as to how the examination of the Latin American context may be helpful to the U.S. racial justice movement today, given the growing denial of the existence of racism in the United Sates. In doing so, I shall adopt the term “Afro-descendants,” which Latin American race scholars and social justice movement actors use to encompass all persons of African descent in Latin America who are affected by antiblack sentiment whether or not they personally identify as “black” or adopt a mixed-race identity such as mulatto or mestizo. This book will not focus upon the racial inequality issues of indigenous groups in Latin America given the extensive literature that already exists regarding that topic. Instead the analysis will focus upon the particular history of Afro-descendants’ relationship to the state as formerly enslaved subjects seeking visibility as citizens and full participants in the national identity despite the societal denial of racism…

Census Race Change For Hispanics Sparks Criticism

The Huffington Post
2013-01-09

Tony Castro

Some Latino civil rights groups are questioning the U.S. Census consideration of designating Hispanics a race of their own, fearing the loss of national original designations.

The change, making “Hispanic” a racial instead of an ethnic category, would eliminate the check-off boxes for national origins such as Mexican, Cuban and Puerto Rican.

“There is no unanimity on what any of this stuff means,” says Angelo Falcón, director of the National Institute for Latino Policy and co-chair of a coalition of Latino advocacy groups that recently met with Census officials.

“Right now, we’re very comfortable with having the Hispanic (origin) question… Hispanic as a race category? I don’t think there’s any consensus on that.”

Scholars oppose “Hispanic” being considered a race

Fordham University law professor Tanya Hernández, author of the new book Racial Subordination in Latin America, is among the scholars opposing the proposal to join race and ethnicity as a “Hispanic” category.

“Census data is used in very important ways, for example to monitor compliance regarding civil rights and racial disparities,” says Hernandez, who fears that eliminating existing racial categories would have a negative impact…

Read the entire article here.

Love Against the Law: The autobiographies of Tex and Nelly Camfoo

Aboriginal Studies Press
2000
120 pages
240×170 mm
ISBN 9780855753481

Tex Camfoo

Nelly Camfoo

Edited by:

Gillian Cowlishaw

During his life, Tex Camfoo has been classified as Aboriginal, half-caste and European. As a half-caste he could not legally associate with or marry an Aboriginal woman. As an Aboriginal, he was not allowed to visit the pub with his European work mates.

Nelly Camfoo was always considered Aboriginal. From childhood she has taken part in ceremonial life. She finds white people both frustrating and foolish – ‘they can’t understand because they can’t listen’.

The stories of Tex and Nelly Camfoo intermingle to highlight the ambiguous social position of Aboriginals living in the Northern Territory during this century. They provide insight into race relations, the contradictory attitudes of missionaries and police, they reflect morality and religion as well as recent political developments.

Biracial women pushed to undergo genetic screeening: Cobble Hill hospital focuses on mixed race

New York Daily News
2013-01-13

Simone Weichselbaum

As interracial families become more common, LICH docs quiz women on ethnicity

Doctors are pushing biracial Brooklyn women to undergo genetic counseling to learn if their racial mix makes them more prone to disease.
 
As interracial families have beome more common, Dr. Millicent Comrie, Chief of Obstetrics and Gynecology at Downstate Long Island College Hospital, has urged her staff of about 40 physicians to quiz patients about their ethnic backgrounds.
 
Those from multicultural backgrounds are are sent to talk with a DNA expert who maps out how their heritage could make them sick.
 
“Ethnicity plays a big part in your healthcare,” said Comrie naming a slew of hereditary diseases such as sickle cell anemia which plagues the black community and Tay-Sachs disease found in many Jewish families.
 
“We can’t worry about sensitivity when it comes to race. What you see isn’t always what you get,” Comrie said. “If we don’t ask the right questions. We will come up We will come up short.”…

Read the entire article here.

Being Black: Aboriginal Cultures in ‘settled’ Australia

Aboriginal Studies Press
1988; Reprinted 1991
288 pages
240×170 mm
ISBN: 9780855751852

Edited by:

Ian Keen, Visiting Fellow
School of Archaeology and Anthropology
College of Arts and Social Sciences
The Australian National University

This volume brings together results of research by anthropologists on the social life of people who used to be labelled ‘part-Aborigines’ or ‘urban Aborigines’.

Issues discussed include bases of identity, ties of family, structure of community, ways of speaking, beliefs and feelings about country, and attitudes to the past.

Contents

• Acknowledgements
• Foreword by Marie Reay
• Contributors
• 1. Ian Keen / Introduction
• 2. Diane Barwick / Aborigines of Victoria
• 3. Barry Morris / Dhan-gadi resistance to assimilation
• 4. Julie Carter / Am I too black to go with you?’
• 5. Jerry Schwab / Ambiguity, style and kinship in Adelaide Aboriginal identity
• 6. Diana Eades / They don’t speak an Aboriginal language, or do they?
• 7. Jeremy R. Beckett / Kinship, mobility and community in rural New South Wales
• 8. Chris Blrdsall / All one family
• 9. Basil Sansom / A grammar of exchange
• 10. Gaynor Macdonald / A Wiradjuri fight story
• 11. Marcia Langton / Medicine Square
• 12. Patricia Baines / A litany for land
• 13. Peter Sutton / Myth as history, history as myth
• Index

1. Ian Keen Introduction

According to the perceptions of many people including anthropologists and other researchers, Aboriginal people of mixed descent classified in earlier decades as ‘part-Aborigines’, have no distinctive culture (eg Bell 1964,64; Barwick 1964; Beckett 1964; Rowley 1971; Hausfield 1977, 267; RM Berndt 1979, 87; and see Read 1980, 112). Fink (1957, 110), for example, has judged that the Aborigines of a New South Wales town simply possessed a common group identity as ‘black’ and an opposition to white people. In Eckermann’s view (1977), the Aboriginal people of a southeast Queensland town have been assimilated and integrated, having a mode of life typical of working class culture (see also Smith and Biddle 1972, xi), To the Berndts (1951, 275-76; Berndt 1962, 88), the Europeanisation of so small a minority has seemed inevitable.

In contrast, others (and sometimes the same authors writing at different times) have detected a distinctive, even unique, culture or way of life, with its own folkways, mores and beliefs (Calley 1956; Bell 1961, 436-37; Smith and Biddle 1972,124; Howard 1979, 98; Crick 1981). Langton (1982, 18) has remarked that ‘loss of culture’ should not be a matter of faith, but of investigation. Indeed, much of the substance of the publications cited above, as well as the results of current research, show that many features of the social life of these people are distinctive, and also display marked similarities to aspects of the cultures of Aboriginal peoples whose social lives have been changed to a lesser degree by the process of colonisation. Calley (1956, 213) wrote that the people of mixed Aboriginal descent possessed a society ‘leaning heavily on the logic and outlook on life of the indigenous traditions’ yet quite well adapted to the white community that surrounds it.

It was my familiarity with some ongoing anthropological research into the social life of Aboriginal people of southeast Queensland, New South Wales and the southwest of Western Australia, that led me to invite contributions to a volume on continuities in the culture of Aboriginal people living in what Rowley (1971, vii) called ‘settled’ Australia. The closely settled regions, by contrast with what Rowley termed colonial’ Australia, dominated by pastoral production, are those which have been most radically transformed by people of European origin. They lie mainly in the southeastern and southwestern parts of the continent, extending on the east coast north to Cairns, and north to Carnarvon on the west coast, The category should also include Darwin, the major European and Asian settlement of the north.

This volume (Being Black), brings together some of the results of a continuing interest among anthropologists in the social life of people who used to be labelled ‘part-Aborigines’ or ‘urban Aborigines’, Studies burgeoned during the post-war decades when ‘acculturation’ was a major anthropological interest, although research dwindled somewhat through the 1970s, Meanwhile research by geographers and economists has greatly extended our knowledge of the social and economic conditions of Aborigines of these regions, and the new Aboriginal history has revolutionised our perceptions of Australian history, Aborigines themselves are increasingly writing (and making films and videos) about their own lives (eg Bropho 1980; Clare 1978; Davis and Hodge 1985; McLeod 1982; Miller 1985; Mum Shirl 1981; Pepper 1980; Perkins 1975; Rosser 1978; Simon 1978)…

Read the entire Introduction here.

Harry Potter and the mistaken myth of the Mixed-Race messiah

Paper presented at the Critical Mixed Race Studies Conference
DePaul University, Chicago, Illinois
2012-11-03
6 pages

Eric Hamako
University of Massachusetts, Amherst

The Harry Potter franchise has worldwide popularity. Contained within Harry Potter are popular stories about Mixed-Race, both appealing and toxic. Harry Potter and other science fiction and fantasy narratives attempt to address popular anxieties about racism and racial power. But what are they saying? Will vigorous hybrid messiahs herald racial salvation? Will degenerate hybrid monsters cause a racial apocalypse? In this paper, I explore White Supremacist and Christian Supremacist ideas about Mixed-Race prevalent in current science fiction & fantasy movie franchises, such as Harry Potter, and why people shouldn’t believe the hybrid hype… or the hate.

Read the entire paper here.

Mixed-Blood Marriage in North-Western New South Wales: A Survey of the Marital Conditions of 264 Aboriginal and Mixed-Blood Women

Oceania
Volume 22, Number 2 (December 1951)
pages 116-129

Marie Reay

This survey is based on family records of over 300 aboriginal and mixed-blood women in north-western New South Wales, collected during 1945-6.

The records were obtained through one formal and at least one semi-formal interview with each woman, supplemented by informal conversations and by community gossip. In no case were interview data used without these additional checks, although records of 20 deceased women were included which were obtained from surviving members of their families.

The collection of these records was facilitated by a lively interest in genealogies being retained by the aborigines of this area.

Records of women of indeterminate ethnic background were not used (e.g. one woman whose ancestry included Cingalese and Maltese as well as aboriginal, and some whose aboriginal descent could not be accurately traced). Also, records of women of three-eighth caste (usually classified in census returns as quadroons or half-castes, according to their skin-colour), five-eighth caste (usually dubbed “half-caste”) and seven-eighth caste (usually classified as three-quarter caste or full-blood, according to their skin-colour) were not used for this survey of mixed-blood marriages, although their offspring were included in the final estimate of the composition of the next generation of mixed-bloods.

Of the 264 women whose marriages are examined here, 12 are full-blood, 26 are three-quarter caste, 129 are half-caste, 77 quadroon and 20 octaroon or lighter.

Definition of Terms

Full-blood.   Any person of unmixed aboriginal descent.

Three-quarter Caste. Any person having one white grandparent and three grandparents of unmixed aboriginal descent; i.e. any person of three-quarters aboriginal descent.

Half-caste. A term which is popularly used for any aboriginal mixed-blood but is used here to denote any person with an equal proportion of white and aboriginal ancestry. No distinction is made between a first generation half-caste and the offspring of two half-castes…