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The Routledge Companion to Literature and Human Rights

Sophia A. McClennen, Alexandra Schultheis Moore

Gendering Human Rights and Their Violation

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Elizabeth Swanson Goldberg
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5
GENDERING HUMAN
RIGHTS AND THEIR
VIOLATION
A Reading of Chris Cleaves Little Bee

Elizabeth Swanson Goldberg

Little Bee, the main character of UK writer Chris Cleaves novel of the same name,
oers readers a hard view of gender relations when she narrates the story of a fellow
asylum seeker incarcerated in one of Englands processing centers:

I remember she told me her story once and it went something like, the men came
and they-/ burned-my-village-/tied-my-girls-/raped-my-girls-/took-my-girls-/whipped-
my-husband-/cut-my-breast-/I-ran-away-/through-the-bush-/found-a-ship-/crossed-the-
sea-/and-then-they-put-me-in-here. Or some such story like that All the
girls stories started out, the-men-came-and-they. And all of the stories nished,
and-then-they-put-me-in-here. All the stories were sad.
(2008: 11)

This passage, unencumbered by theory, explanation, or equivocation, presents a

blunt view of the gender dynamics informing global violence against women whether
delivered by hired military thugs doing the dirty work of corrupt government ocials
and prot-maximizing transnational corporations (TNCs), or by ocial representatives
of the law mandated to preserve order within the borders of the nation-state. I begin
with this passage to stage a discussion of what it means to critically read human
rights literature for its insights into the gendered nature of rights and rights violations,
and the gendered nature of remedies for such violations. In Little Bee, plot structures
and character formations contribute to deeper understandings of human rights as
law and human rights as culture, the ways in which both legal and cultural sites of
rights talk and practice are gendered as well as the limits of the novel of human
rights when it comes to addressing such complexities. Such narrative strategies
address the ongoing critique of human rights as a Eurocentric, imperialist imposition

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upon postcolonial states, as harmful as it can be preventive, ameliorating, or healing;

indeed, the novel raises the alarm of a First/Third World divide only to reveal that it
may not, in fact, be a bridgeless ravine, and that constructions of gender have a great
deal to do with the possibility (or nullication) of productive crossings. Further,
narrative strategies employed in the novel of human rights demonstrate just what
indivisibility can mean in the rights context, and how damaging to the work of
protecting the rights of all humans has been the split of the Universal Declaration of
Human Rights into the two major human rights conventions between civil and
political rights (the International Covenant on Civil and Political Rights [ICCPR])
and economic, social, and cultural rights (International Covenant on Economic,
Social, and Cultural Rights [ICESCR]). Finally, such narrative strategies blow out the
letter of the law to show how the interactions among humans in both public and
private contexts (and as those spheres overlap) inform the global distribution of
safety and harm in surprising ways.
Such a reading supports understanding of the complexity of gender and human
rights. A quick Google search on feminism and human rights reveals a surge of
activity in the 1990s with the crescendo of the global mantra womens rights are
human rights in the months leading up to the UN Conference on Women in Beijing,
China in 1995. Twenty years on, that mantra continues to invoke the Beijing
Declaration and Platform for Action, the document that emerged from that meeting
and that remains the latest globally recognized framework for advancing the rights of
women and that, as with much human rights work, remains unrealized in practice.
As I have argued elsewhere, at the heart of the intonation womens rights are
human rights is

a fundamental assertion, one that has never been taken for granted: that the
category human is inclusive of women. To examine human rights through
the framework of gender is to explore a history of gaps and exclusions,
rather than to trace a history of progressive implementation over time.
(Swanson Goldberg 2014: 139)

If we train our vision on the contemporary human rights movement inaugurated by

the Universal Declaration of Human Rights (UDHR) (1948), we may identify the
source of such gendered exclusions in the building of international human rights law
upon the Enlightenment inheritance of separate spheres, whereby violations com-
mitted in the context of the public sphere by government ocials or their proxies
are recognized as violations of human rights, while violations committed in the pri-
vate sphere to which many women around the globe have been relegated, along with
some violations committed in the public sphere against women, are not. For
instance, domestic violence and rape have come under immense scrutiny by feminist
thinkers for the dierential contexts in which they are considered to be: socio-
cultural norms (perhaps regrettable, perhaps not, depending upon context); criminal
(but not human rights) violations; byproducts of conict or war; or, more spor-
adically and recently, violations of the human rights of women. The global womens
human rights movement, then, has struggled to achieve recognition of violations that
are unique to women, while at the same time insisting that the very idea of a

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rational, unied subject upon which to base the human in human rights, or the
woman in womens human rights, is vulnerable to critique. The lesson of post-
modernism, indeed, calls us to challenge gender as a stable, unied category upon
which to build a politics of inclusion, and this lesson stands us in good stead as the
human rights project evolves to include claims for sex and gender identities and
identications that fall between or outside the culturally manifested biological binary
of man/woman, as well as to attend to the ways in which gender identities are always
shaped and experienced through other identity markers: race, class, nation.
If, as Makau Mutua and others have shown, human rights violations are commonly
represented as happening in the Third World with human rights norms emanating
from the First World, then Little Bee evokes that binary with all its gendered
dimensions in order to unsettle it. Cleave utilizes a postmodern approach to the
novel form by splitting the narrative into the voices of two protagonists: Little Bee, a
15-year-old refugee from violence in the Niger Delta caused by the partnership of
Nigerian government ocials and transnational corporations engaged in oil extrac-
tion; and Sarah, mid-aged and upper-middle-class British writer, magazine publisher,
mother, wife, and mistress. Allowing these voices to share in the construction of the
narrative, argues Laura Savu, challenges the politics of subject formation that
necessitates the making of the other the non-western, the female, the poor, all of
which have been relegated to the global periphery and to static identities without
agency (2014: 91). Analyzing this split and doubled narrative voice, Savu explains
that [t]he narrators voices and perspectives combine, echo, and interrupt each
other, articulating the self as relational rather than autonomous, and projecting a
world in which the self is at once aected by and aecting the others stories and
perceptions (2014: 92). In this way, the novel is able to stage the encounter
that rarely, if at all, materializes: between a woman violated, displaced, and trau-
matized by the global forces determined to extract the commodity relied upon by a
woman living in another world entirely, the world that cannot keep spinning without
that fuel.
The stakes of this encounter between the refugee from the oil wars in the Niger
Delta and the professional woman whose life revolves, if unconsciously, around that
oil are made plain in an ordinary stop at the petrol station, when Little Bee observes
that The gasoline owing through the pump made a high-pitched sound, as if the
screaming of my family was still dissolved in it (Cleave 2008: 181). This encounter,
made possible in the dramatic laboratory of the novel of human rights, enables a
shift for Little Bee from her narration as an asylum seeker since arriving in London
to a moment of pure testimonial, the moment when the once-upon-a-time overture
of the men came and they becomes the occasion for Little Bee to reveal her
own manifestation of that ubiquitous tale:

The men came while we were preparing the evening meal, while the blue
wood smoke mixed with the thick steam of the cassava pots in the golden
evening sun. It happened so quickly that the women had to grab us children
and run with us into the jungle. We hid there while we listened to the
screams of the men who stayed behind to ght.
(Cleave 2008: 18081)

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Little Bees testimonial reveals a gap between gendered patterns of global domination,
on the one hand, and the actions of individual men and women, on the other. While
Little Bee crafts her story through the repetitive convention the men came and
they always following the subject the men with a verb denoting a brutal
violation against women she herself is well aware that not all men are brutal; as her
testimony notes, some men stayed and fought and died doing so. The novel fore-
grounds a series of exchanges, sacrices, and gifts made between characters who
demonstrate varying degrees of awareness of their responsibilities to others to whom
they are linked by either personal, local, or more macro, global ties; the contexts
informing those responsibilities; and the drives of their own needs, desires, guilts,
and shames as they inform such interactions. These exchanges occur between and
among men and women in complex ways that give the lie to Little Bees refrain of
male brutality and female suering, and indeed the men came may simultaneously
be read as a storytelling convention in the oral tradition; as an indicator of Little
Bees trauma at witnessing the rape and murder of her sister by hired militia; as a
sense of the resiliency of patriarchy and masculine domination in a complex post-
colonial world, despite the individual actions of individual men and women; or,
perhaps best, as a marker for forces whose calling card is brutality whether in
service of economic and political norms or, alternatively but no less violently, their
disruption. Setting Little Bees testimony at the petrol station allows Cleave to get at
the global silencing and denial about the true costs of global capitalism in general,
and this commodity in particular. The invisibility of such costs is articulated by
Little Bee, who notices that [t]he nozzle of the gasoline hose went right inside the
fuel tank of Sarahs car, so that the transfer of the uid was hidden. I still do not
know what gasoline truly looks like (2008: 181).
Another device suited to revealing that which is purposefully hidden
the absurdities, misreadings, and misunderstandings gathered in the gap between
First and Third is Cleaves deployment of interior monologues for both Little Bee
and Sarah pitched to interlocutors located rmly in their respective worlds. As
Little Bee narrates her story to us, the global reader, she also condes that she
would tell the story dierently to the girls from my village back home, having to
interpret the First World for them in all its strangeness, the girls incredulousness
and judgment at the perceived moral lapses of this peculiar world conveyed in their
repeated response: Weh! And as Sarahs story of building her relationship with
Little Bee across divisions of culture, politics, and power gathers steam, her foil can
be found in her decidedly First World coworkers at Nixie, the magazine she founded
and intentionally shaped not to be like other womens magazines, trading in features
on sex, fashion, and beauty instead, it was meant to be serious, to do serious articles on
serious issues in the global landscape. In particular, her gal-pal and features editor,
Clarissa, plays the part of the First World woman to whom the importance of the
rest of the world and its unfamiliar troubles must be shown; as she argues to Sarah,
You know as well as I do, we cant be serving up morality tales while the other
majors are selling sex (2008: 35). In both cases, the interior monologues addressed to
particular persons from the characters own world undertake the strategic work of
defamiliarization, deconstructing the notion of First and Third Worlds as immutable,
wholly separate entities, inscrutable to one another; neutralizing the value placed in

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the broader global discourse on each world and the humans living therein; and
revealing cultural, political, and ethical failures and successes on each side.
The link between worlds in this novel is the global oil industry operating in the
Niger Delta, made possible by the partnership between the Nigerian government
(with its strong arm, the Nigerian military/police and their unmarked militias and para-
militaries) and the transnational oil companies. This ill marriage of ocial powers
operating in the global arena upon residents unfortunate enough to occupy the land
and waterways under which the cursed resource courses, is represented in the novel
by the perverse gures of militia men charged with carrying out the suppression of
resistance from recalcitrant communities. It is these men who fan out over a Nigerian
beachfront to hunt Little Bee and her sister, witnesses to their destruction of a Niger
Delta village and the massacre of its residents. It is this same beach on which
London couple Sarah and Andrew stroll during their getaway from marital strife and
busy professional lives in London when they stumble upon the men and the girls.
The novel stages this encounter between representatives of the First (Sarah and
Andrew) and Third (Little Bee and her sister, Kindness) Worlds as, among other
things, a platform for the performance of gender in the context of human rights
broadly conceived the civil and political rights that guarantee freedom from bodily
harm; the economic, social, and cultural rights that purport to guarantee standards
of living adequate for health and well-being (UDHR Article 25).
Cleaves portrayal of the militia men echoes others in contemporary postcolonial
literature: the men in A Distant Shore (2003), Caryl Phillips novel of connection
between an African refugee and a lonely British woman; the men in Chris Abanis
portrayal of a child soldier in Song for Night (2007). Still, the portrayal of the men on
the beach in Little Bee risks evoking clichd descriptions of brutal, animalistic African
militias (the imperialist construction of the savage described by Mutua in his
reading of the Savage-Victim-Savior triangle that forms the dominant metaphor of
the contemporary human rights movement); indeed, the militia men have all the trap-
pings of that old imperialist saw, the cannibal. Wearing necklaces strung with the dried
nipples of their victims, wielding primitive weapons (the bow and arrow; the machete),
drinking what appears to be blood with the eyeballs of vanquished villagers staring
out from the bottle surely these characters conjure the most egregious heart of
darkness tropes reimagined for a postmodern, neocolonial day. These men, however,
cannot be strictly located in any one world, neither that of the saving Global North
nor that of the suering Global South. One who gets an erection from drinking the
bottle of blood wears a black bandanna with an EMPORIO ARMANI logo. The
group leader, whose monstrosity is symbolized by a massive, infected wound in his
neck, is the product of a university education in mechanical engineering obtained in
the same part of England from which Sarah and Andrew hail. These cruel, obscene
hunters are not, in this moment, African, or Third World instead, they are
hybrids, products of an international capitalism that demands the participation of
governments, transnational corporations, consumers, and citizens from both worlds.
Indeed, the wounded militia leader with his western education in a scientic discipline
inhabits the crude calculus of reasonable exchange characteristic of Enlightenment
principles of rationality and unfeeling objectivity when he oers to trade the girls
lives for Andrews nger:

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He raised his right hand with the middle nger extended. He held it, shaking,
one inch from Andrews face and he said, White man been giving me this
nger all my life. Today you can give it me to keep. Now cut o your
middle nger, mister, and give it me.
(2008: 113)

When Andrew fails in his attempt to cut o his nger with the machete on the sand,
Sarah takes it from him and chops o the middle nger of her left hand. The currency
of the nger, initiated by the savage African hunter, is the manifestation of a
global economy based solely upon rational exchange, the bloody loss of a nger
simply the brutal byproduct of that economy in its everyday workings. It is the
reduction of human life to a percentage, as Sarah later notes, Ten percent. Thats
all Im giving her. One nger in ten (2008: 208).
This kind of exchange, revealing both potential for and limits of what humans are
willing to do, and to give, for one another, becomes a trope throughout the novel,
which is built upon a series of ethical decisions faced by each character about their
responsibility to the others. In each case, the exchange is gendered, revealing and
unsettling the dangerous burdens produced by hegemonic expectations of masculinity
and femininity, of whiteness and blackness, not to mention of First and Third
Worlds. While the militia on the beachfront manifest the ubiquitous violence of the
men in their rape and murder of Little Bees sister, Andrews failure to act on the
exchange they demand is also immediately read through the lens of masculinity, not
surprisingly, by his wife:

Andrew stood, and he left the machete in the sand. I looked at him, and that is
when I stopped feeling. I realized I was no longer scared. And I wasnt angry
with Andrew. When I looked at him I hardly saw a man anymore.
(2008: 115)

The loss of manhood sustained by Andrew on that beach, the discovery of his lack of
fortitude, a softness and selshness attributed instantly and irrevocably to a failure of
masculinity tied to his First World privilege, informs his suicide two years later,
after having to face the sign of his lack each and every day in the space left on
Sarahs left hand where her nger should have been (the missing nger a ne sign for
the absent marker of masculinity, the phallus). Even this failure, however, is qualied
and mitigated by the trove of research discovered in Andrews study on Nigerias
brutal oil economy.
In the scheme of the novel, Andrews lack is Sarahs gain, for it is indeed Sarah
who picks up the machete that day on the beach, reversing hegemonic gender
expectations of courage and protection and gathering unto herself the sign of the
masculine in the act of courage:

When the killer turned away, I dropped to my knees. I looked straight at

Little Bee. She saw what the killer did not see. She saw the white woman put
her own left hand down on the hard sand, and she saw her pick up the
machete, and she saw her chop o her middle nger with one simple chop,

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like a girl topping a carrot, neatly, on a quiet Surrey Saturday, between

gymkhana and lunch.
(2008: 115)

The act of self-sacrice, of mutilation, is pointedly witnessed only through the eyes
of the one it will save; it becomes a current, a synapse between Little Bee and Sarah,
black and white, African and English, Third and First, that widens and deepens later
when Little Bee calls upon Sarah for help as an asylum seeker in London. It dees
expectations of womens weakness and squeamishness as compared with mens courage
and toughness. It reverses the common epithet of doing something like a girl in its
metaphor of Sarahs courageous act as a girl topping a carrot in the soft First
World in between other signs of soft, gendered, First World privilege: gymkhana
(equestrian games) and lunch.
The novel plays out other donnings and sheddings of hegemonic gender char-
acteristics. Acting as a bookend to the vulgar brutality of the Nigerian militia,
Sarahs lover, Lawrence, genders the force of the law decidedly male. His threat to Little
Bee, less raw than that of the men on the beach, is just as real, and his narcissism just as
palpable as Andrews. A husband with three children, one an infant, he is busy
cheating on his wife with Sarah. A liar at home, he is a self-described loser who
works as a press agent for the Home Oce; in fact, he understands himself as the
Home Oces press bitch, another signier of gendered lack and corruption. His self-
deprecation does not stop him, however, from clinging forcefully to his role as Home
Oce bureaucrat. When confronted with Little Bees presence in Sarahs home, he can
only turn his fear of being connected to the harboring of an illegal, and, more to
the point, his fear of how Little Bees presence could disrupt his aair with Sarah,
into threats of deportation against her which can, as she points out, only result in
her death. The link between the brutal coercion of the (extrajudicial) militia and the
letter of the law, embodied by Law-rence, is made concrete when the men who come
morph from one to the other: I am illegal, Sarah. The men can come any minute to
send me back to my country (2008: 137). And send her back they do, like the tales
she evokes in her opening: to a sad end.
Part of the work that Little Bee performs as a novel of human rights is to name and
dramatize the range of rights violations as they inform this sad ending of a life. The
members of the UDHR Drafting Committee set up by the UN Commission on
Human Rights worked with a vision of rights as universal, inalienable, and indivi-
sible. The failure to achieve indivisibility, manifested in the split of the UDHR into
two conventions eighteen years later (the ICCPR and the ICESCR), presents one of the
most intractable problems for the international human rights movement today, perpe-
tuating its perception as handmaiden for an exploitative, neoimperialist economic and
political order. The problem is the division of a purportedly indivisible set of rights
into two conventions representing dierential categories that, in turn, reect the
hegemony of the global order. In other words, the prioritization of the civil and
political rights favored by the West allows the civilizationally asymmetrical power
relations embedded in the international discourse to continue unabated (Woodiwiss
2002: 139). Little Bee makes plain the imbrication of rights and their violations: the
economic, social, and cultural rights of the people of the Niger Delta are violated in

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the procurement of oil by a conglomeration of TNCs, governments, and military/

police forces; the use of force to ensure that procurement violates the civil and
political rights of those same people, forcing some to ee, seeking the political right
to asylum in a country like Britain. The incarceration of asylum seekers such as
Little Bee represents another violation of civil/political rights, and, if deported, such
seekers will be returned to the conditions of unequal distribution of economic,
social, and cultural rights (and the accompanying violations of civil and political
rights) from which they ed. Each of these violations, some of which are, quite
simply, the obvious natural result of the civilizationally asymmetrical power rela-
tions of the global capitalist economy, has dierential consequences based upon
gender. For instance, if Little Bee had tried to seek asylum on the grounds of gender
persecution (e.g., the threat of rape), she would have been unable to do so directly,
for asylum can only be granted on the basis of persecution on the basis of race,
religion, nationality, membership of a particular social group, or political opinion.
The exclusion of gender as a category may be considered one of the gaps in IHL with
which I began this chapter, and Little Bee is at pains to reveal its consequences. This
is not to say that women seeking asylum on the basis of gender have not been successful
in doing so; on the contrary, they have in select cases succeeded, but it has been by
virtue of a legal sleight of hand whereby membership of a particular social group has
been construed to mean that women are members in the particular group women.
The picture Cleave paints of the womens ward of the detention center where
Little Bee is incarcerated when she arrives in the UK illuminates the terrible similarities
among the womens stories, each of which opens with the men came and they and each
of which ends sadly. For a moment, Little Bee wonders if there are other, cheerful
stories, stories that

go something like the-men-came-and-they-/brought-us-colorful-dresses-/fetchedwood-

for-the-re-/told-some-crazy-jokes/drank-beer-with-us/chased-us-till-we-giggled/stopped-
the-mosquitoes-from-biting-/told-us-the-trick-for-catching-the-British-one-pound-coin-/
turned-the-moon-into-cheese-
(Cleave 2008: 11)

but, like the novel itself, which holds up the vision of a transnational feminist expression
of human rights only to extinguish its promise at the end, when Little Bee is captured
on the same Nigerian beach where her sister was murdered, she stops wondering as
she seems to remember the inevitable conclusion, Oh, and then they put me in
here (2008: 12). For now, perhaps, this is the contribution of the novel of human
rights to the emancipatory project of transnational feminism: to hold up the vision
and to dramatize, by way of fueling a global movement for change, the unbearable
lived consequences of its failure.

Further reading

Copelon, R. (1995) Women and War Crimes, St. Johns Law Review 69(1): 6168. (A discussion
of evolving norms regarding gender in international law.)

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Goldberg, E. S. and Moore, A. S. (2011) Theoretical Perspectives on Human Rights and Literature,
New York: Routledge. (An edited volume mapping the eld of human rights and literature.)
Peters, J. S. and Wolper, A. (1995) Womens Rights, Human Rights, New York: Routledge.
(A foundational discussion of womens human rights coinciding with the 1995 UN
Conference on Women, Beijing.)

References

Cleave, C. (2008) Little Bee: A Novel. New York: Simon & Schuster.
Mutua, M. (2001) Savages, Victims, and Saviors: The Metaphor of Human Rights, Harvard
International Law Journal 42(1): 20146.
Savu, L. (2014) Bearing Wit(h)ness: Just Emotions and Ethical Choices in Chris Cleaves
Little Bee, Critique: Studies in Contemporary Fiction 55(1): 90102.
Swanson Goldberg, E. (2014) Human Rights, in C. R. Stimpson and G. Herdt (eds.), Critical
Terms for the Study of Gender, Chicago: University of Chicago Press, pp. 13955.
Woodiwiss, A. (2002) Human Rights and the Challenge of Cosmopolitanism, Theory,
Culture, and Society 19(12): 13955.

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