Being Right-With: On Human Rights Law as Unfreedom

Abstract

This paper develops the notion of being right-with, a conceptual lens that underscores what happens when individuals turn to human rights law and other legal processes and proceedings to address injustices by the state. It does this through a critical multi-directional reading of two Uganda High Court appeal cases that overturned the decision of a lower court which at first instance had convicted Dr Stella Nyanzi of the offences of cyber harassment and offensive communications. Being right-with is a regulative and coercive idea within human rights law that animates a violent irrepressible police drive. I use being right-with to assert that when individuals make rights claims under human rights law (however radical those assertions might be), they are still imbricated within a mode of liberal humanist subjecthood that is always conceptually unfree. In trying to move away from this conceptual and dialectical trap of being made right-with and unfree under liberal humanism, this paper tentatively considers Black feminist theorisations of care and freedom ‘to-come’, as well as Édouard Glissant’s notion of opacity to explore the concept of being with elsewhere as a way of articulating practices of Black life that make freedom elsewhere possible.