Criminal Legalities and Minorities in the Global South: Rights and Resistance in a Decolonial World

Preface
Contents
Notes on Contributors
1 Introduction
	1	Challenges in Studying the South
	2	Demanding Rights: Global South in the Global North?
	3	Decolonizing the Literature
		3.1	Rebuilding After Violence
		3.2	Economic Interests and the State
		3.3	Entrenched Cultural Biases
		3.4	Criminalizing of Diversity
	4	Conclusion
	References
Part I Rebuilding after Violence
2 The Carandiru Prison Massacre and Ongoing Military Repression in Brazil
	1	Introduction
	2	Military Rule in Brazil: The National Security Doctrine and The Police
	3	Transition Without Reforms: The Absence of Changes in the Military Police Institution
	4	The Carandiru Case: Failed Accountability and Reform Attempts
	5	The Role of the Judiciary in Guaranteeing Impunity
	6	Reforms and Failures
	7	The Irrepressible Violence of the Military
	8	Conclusion
	References
3 Politics Before Law: The New Penal Code of 2017 and Its Limited Protections for Ethnic Minorities in Post-conflict Afghanistan
	1	Introduction
	2	Afghanistan’s Multiethnic Society
	3	The Four Cases of Unsanctioned Offenses
		3.1	Hate Speech: General Taqat’s “Bastards”
		3.2	Religious Persecution: Assaulting the Living and the Dead
		3.3	Workplace Discrimination: The Notorious Makh Kakh Agenda
		3.4	Discrimination and Disenfranchisement in the Electoral Process: Fattening the Sheep
	4	Conclusion
	References
4 Between Denial and Memory: A Socio-Legal Reading of Securitization Narratives in Transitional Colombia
	1	Introduction
	2	The “Statute of Security”: A Historical and Theoretical Analysis
	3	Resisting the a Priori Culpability Approach to Criminal Law
	4	Securitization in a Restricted Democracy: The Violence of the DSP
	5	Othering: The Outcome of Authoritarian Criminal Law?
	6	Conclusion: Transitional Justice and the Continuing Failure to Prosecute Crimes of the Powerful
	References
Part II Economic Interests of the State
5 Formless Punishment and Exclusion: Criminalizing the Migrant Through the Indian National Register of Citizens
	1	Introduction
	2	The Foreigner, the “Illegal”, and the Citizen
	3	NRC’s Evolving Web of Enforcement
	4	Detention Laws, Due Process, and the NRC
	5	Conclusion
	References
6 (Cr)Immigration and Merit-Based Migration in Singapore: The Permanent “State of Exception”
	1	Introduction
	2	Crimmigration and the Permanent “State of Exception”
	3	Migration Policies in Singapore
		3.1	Colonial Migration to Singapore
		3.2	Modern Singapore’s Merit-Based Migration System
	4	Three Case Studies: Riots, Terrorism, and Pandemics
		4.1	Little India Riot and the Public Order Additional Temporary Measures Act (POATM)
		4.2	Bangladeshi Terrorists and the Internal Security Act (ISA)
		4.3	COVID-19 and the Employment of Foreign Manpower (Work Passes) (Amendment) Regulations 2020
	5	Crimmigration and the “State of Exception” in the Law
		5.1	Punishment
		5.2	Surveillance
		5.3	Deportations
	6	Conclusion
	References
7 Colonial Legal Continuities in Post-colonial Pakistan: The Katchi Abadi of Qayyumabad and the Construction of Law, Ownership, and Crime
	1	Introduction
	2	Urban Issues in Pakistan
	3	The Case of Qayyumabad
	4	Methodology and Research Significance
	5	Land Reform Regimes in Sindh
	6	Criminal Justice System and Katchi Abadis
	7	The Legal Construction of ‘Non-Permanence’
	8	‘Non-Permanence’, ‘Crime’, and Colonial Law
	9	Conclusion
	References
8 Disciplining Colonial Subjects: Neoliberal Legalities, Disasters, and the Criminalization of Protest in Puerto Rico
	1	Introduction
	2	Neoliberal Legalities in PR: Promesa and Organized Abandonment
	3	Punitive Governance and Resistance in the Wake of Promesa
	4	New Penal Code of PR of 2012 and the Criminalization of Grassroot Socio-Environmental and Anti-Austerity Mobilization
	5	Law 20 of 2017, Hurricane María and Anti-Corruption Mobilizations
	6	Conclusion
	References
Part III Entrenched Cultural Values
9 “Truth” and “Consent” in Sexual Violence Reporting in Criminal Justice and Legal Contexts in Singapore
	1	Introduction
	2	Singapore’s Gender Regime: Exalting “Asian Values” and Responding to the Struggles of Women
	3	Meeting the Threshold for “Truth”
	4	Proving Non-Consent
	5	The Logics of State-Tolerated Violence
	6	Conclusion
	References
10 Between Toys and Behind Bars: Mothers in Jail in the State of Ceará, Brazil
	1	Introduction
	2	The Rights of Children and the Youth and the “Doctrine of Integral Protection”
	3	Women Deprived of Liberty and Their Children: Between Toys and Behind Bars
	4	The Application of the ECS at the Ceará Court of Appeals
	5	Impacts of the ECS on the Management of Imprisoned Women in the State of Ceará
	6	The ECS and the Supreme Court: Habeas Corpus No. 143,641/SP (February 20, 2018)
	7	Conclusion
	References
11 The “War on Drugs” in Philippine Criminal Courts: Legal Professionals’ Moral Discourse and Plea Bargaining in Drug-Related Cases
	1	Introduction
	2	The “War on Drugs” as a Neoliberal War Against the Poor
	3	Methodology
	4	Legal Professionals’ Working Practices
	5	Legal Professionals’ Moral Discourse
	6	Plea Bargaining and Its Impact
		6.1	An (Il)legal Solution
		6.2	Reintroducing Plea Bargaining
		6.3	Legal Professionals’ Embrace of Plea Bargaining
		6.4	Continuing Detentions
	7	Conclusion
	References
Part IV Criminalization of Diversity
12 Circuits of Law: Everyday Criminalisation of Transgender Embodiment in Istanbul
	1	Introduction
	2	Transgender Citizenship and Law in Everyday Life
	3	Modern Law and the Making of the Familial Citizen in Turkey
	4	Methodology
	5	Misdemeanour Laws and Fines: Everyday Policing in Istanbul
	6	Criminal Trials: At the Intersection of the Formal and Informal
	7	Conclusion
	References
13 Reaffirming Womanhood: Young Transwomen and Online Sex Work in the Philippines
	1	Introduction
	2	Including Transwomen in the Conversation
	3	Sex Work in the Philippines
	4	The Internet: Making Everyone Accessible to the World
	5	Research Background
	6	Growing up Trans in Mindanao
	7	On Independence and Sisterhood
	8	#Goals: Sex Operation and Settling Down
	9	Journey for Philippine LGBT Rights
	10	Conclusion
	References
14 A Queer Chinkhoswe: Re-imagining the Customary in Malawi
	1	Introduction
	2	A Queer Legal History of Malawi
	3	Customary Laws and Chinkhoswe
	4	The “Crime Against Malawian Culture”: A Queer Chinkhoswe
	5	It’s Our Culture Too: Re-imagining the Customary
		5.1	Pre-chinkhoswe
	6	Conclusion
	References
Index