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Maidan Nezalezhnosti in 2013.  RJ Peltz-Steele CC BY-NC-SA 4.0.

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West fails democracy, reembraces appeasement

The Eternal Love monument in Mariinsky Park in Kyiv commemorates an Italian POW and Ukrainian forced laborer who fell in love amid World War II, and then were separated by the Iron Curtain for 60 years.  The Guardian and DW have more.  I took this photo on a grand walkabout during my first visit to Kyiv in 2013. (CC BY-NC-SA 4.0.)

I've been away from blog duty for some weeks because of a busy presentation agenda this month.  But I have a list of items pending, and I look forward to returning to writing and sharing what I've learned. Meanwhile, I am distraught by events in Ukraine.  I have family from Kamianets-Podilskyi.

American Airlines resists transparency, sues 'Points Guy' for tortious interference, trademark infringement

Photo by RJ Peltz-Steele at O.R. Tambo International Airport, Johannesburg,
South Africa, 2020 (CC BY-NC-SA 4.0)

The Points Guy (TPG) has become embroiled in litigation with American Airlines over how the TPG app lets users manage their frequent flyer miles, the airline charging the website with tortious interference and trademark infringement.

I read TPG every day.  The website is funded by product placements and advertising, especially by credit card companies.  One has to know that and take the content with heaps of salt.  But I find TPG incomparable and nonetheless worthwhile for keeping up with the travel industry.  And TPG advice has been especially helpful to me with advice on frequent flyer programs, for example, letting me know how much miles are worth on average in real dollars, so I know whether dynamic redemption tables are offering a good deal.

I also like some of the writers at TPG, because they set a tone that resonates with me, mixing a desire for industry accountability, especially for airlines, with a sense of humor and a lighthearted wonder of the world.  Baltimore-based senior editor Benét J. Wilson (LinkedIn, Muck Rack, Twitter; see also Poynter) is especially fabulous; check out her wider world at Aviation Queen.  I met Benét when she taught an outstanding program on advanced Google research tools for the National Freedom of Information Coalition (NFOIC), and thereby for my FOI Law students, who participated.

Last year, TPG launched an Apple app.  I haven't used it, because I'm an Android user.  I avoid Apple products because I've never been a fan of Apple intellectual property (IP) policies, which I mention because it's relevant here.  Apple's limited submission to a right of repair for Apple smartphones is a step in the right direction; more on that momentarily.  Anyway, TPG is working on the Android version of the app.

Among many features, the TPG app empowers users to manage their frequent flyer miles.  TPG deep-links to data from sites such as that of American Airlines (AA), within users' accounts there.  Obviously, this access improves the user's ability to maximize the value of their miles, recognizing good deals and, key, getting advance warning when miles are set to expire.

AA was not happy about that.  The company accused TPG of violating the terms and conditions of the website and frequent flyer program, AAdvantage, thus, allegedly, interfering with AA's contract with its customers and infringing on AA IP.  According to media reports, TPG sued AA in Delaware state court the week before last.  I assume TPG sought declaratory relief; at the time of this writing, the complaint is not yet available from Delaware courts.

Then on Tuesday last week, AA sued TPG in federal court, in AA's home Northern District of Texas.  The complaint alleged tortious interference with, inter alia, contract, unfair competition by misappropriation, (virtual) trespass, trademark infringement and dilution, copyright infringement, and violation of the Computer Fraud and Abuse Act.

For Law360, Jasmin Jackson filled in some background last week (limited access without subscription).  Jackson reported that TPG initially sought AA's partnership in the app.  AA declined.  Since the app's launch, the two were discussing their differences.  AA claimed surprise at TPG's Delaware filing and accused TPG of leveraging its position with litigation costs and compelling, AA said, the suit in Texas.

I see the case as a high-tech relation of the right-to-repair problem.  AA is gaining a business advantage through obfuscation of customer data and control of information under the guise of IP protection.  The same strategy is why I have to pay a high-dollar technician to tell me what's wrong with my car when the check-engine light comes on, and it's why 11% of McDonald's Taylor-made McFlurry machines are broken.

Customer frustration with companies' resistance to transactional transparency to maximize profit margins is manifesting in a wave of state legislation to protect consumers (see N.Y. Times July, Oct. 2021; repair industry website; U.S. PIRG).  Massachusetts voters overwhelmingly approved a right-to-repair ballot initiative in 2020, despite a $25m no campaign by the auto industry (on this blog).  Industry promptly sued, principally claiming federal preemption.  The outcome of a 2021 trial in Alliance for Automotive Innovation v. Healy is still awaited, as the parties battle over a state motion to reopen trial evidence.

There is a Fair Repair Act bill in Congress, even if its odds of passage are dismal.  And the President last summer made overtures, however feeble, ordering the Federal Trade Commission to regulate to protect independent repair shops.  Industry claims it needs exclusive repair rights to protect consumers from incompetent independent technicians.  But a May 2021 FTC report located such industry claims somewhere between baseless and overstated.

The cause should be, and at least sometimes is, bipartisan.  As I have commented many times, free markets depend on transparency, the free flow of information between business and consumer.  So even economic conservatives should be able to get behind the right to repair.  That bipartisan impulse has fueled congressional appetite for now pending bills to enhance antitrust in the tech sector.  Apple's seemingly open-minded move to allow smartphone repair might have been calculated to head off antitrust enforcement.

Summons issued last week in the lawsuit filed by AA, which is American Airlines, Inc. v. Red Ventures LLC, No. 4:22-cv-00044 (N.D. Tex. filed Jan. 18, 2022).

UPDATE, Nov. 10: The parties settled on undisclosed terms on November 4, 2022.

U.S. rental car oligopoly hits new lows, as customers alleging false arrests intervene in Hertz bankruptcy

Photo by Diego Angel CC BY 3.0

A curious story of alleged false arrests and a corporate lawyer's blunder surfaced in business media earlier this month, and the story speaks to the sad state of consumer protection in America.

In December 2021, dozens of claimants filed (no. 193) in the covid-precipitated bankruptcy of Hertz, the rental car company, alleging the reporting of rental cars as stolen, resulting in false arrests of Hertz customers by police, along with the disgrace of arrest, jailing, and other life disruptions that attend felony charges.

The claims, many recounted by CBS News, allege varied circumstances precipitating the reports of stolen cars, including poor record-keeping and misunderstandings over return times, hardly the stuff of high crime.  The claimants' theory is that Hertz essentially outsourced its (mis)management of late returns to police, disregarding the dramatic mismatch between contract enforcement and criminal justice and the ruinous consequences visited on customers.

Early in January, journalist-blogger Minda Zetlin of The Geek Gap reported a verbal gaffe in court on the part of a Hertz lawyer.  Zetlin's report was picked up by a number of outlets, including Inc.  The only recent transcript on file in the case (no. 251) is "not available" on PACER, maybe because the claimants, Hertz, and CBS News are now in a tussle over sealing, the docket suggests.  Anyway, I can't verify Zetlin's report, so I'm not going to name the lawyer here.

According to Zetlin, a Big Law lawyer representing Hertz responded in court to the allegations: "It is a fraction of 1 percent of annual police reports that are filed that turn into actual litigation claims.... We actually think the number of legitimate claims that arise out of annual rentals is a tiny, tiny, tiny, tiny, tiny, tiny fraction."

Zetlin fairly observed that even a "tiny" "number ... does not count customers who were falsely arrested but accepted an early settlement from Hertz, resolved the matter in arbitration, or simply decided they didn't have the funds or the stamina for a lawsuit."  Zetlin further opined that "[m]ost [Hertz customers] would likely prefer a car rental company where their chances of going to jail are zero, rather than just tiny."  Count me in that majority.

I can't speak to the merits of the claims.  But for my part, I have been frustrated by car rental companies' shocking embrace of the contemporary trend to forego all pretense of customer service.  This skimpflation has been exacerbated by the pandemic, but we were well on our way before 2020.

Hertz, in particular, raised my ire more than once last year.  Having been lured into Hertz's "Gold" program, I once made a reservation directly on the Hertz website, rather than running my usual price comparisons with intermediaries.  Afterward, I discovered a lower rate on USAA.  But every time I was forwarded to Hertz.com to confirm the reservation at the USAA rate, I was automatically logged in to Hertz, and the rate jumped substantially.  When I tried linking to Hertz in a private window, without logging in, I got the lower rate.  In other words, Hertz was charging me substantially more because I was a member of the "loyalty program."

When I waited on hold for hours to ask a Hertz agent to log my anonymous reservation in my Gold account, I was told it couldn't be done without elevating the rate.  An agent told me that the Gold program does not guarantee lowest rates.  Actually, it does.  So much for loyalty.

Another new practice of car rental companies is to manipulate the time of pickup and drop-off to increase the likelihood of a late fee.  A customer reserving a car for pickup has to make a ballpark estimate of the time, considering how long it might take to deboard a plane, claim bags, transfer to a ground transportation center, etc.  Reservation systems offer pickups usually in only half-hour increments, 12, 12:30, 1, 1:30 etc.  So it's an inexact science, and the rental company knows that.  Accordingly, it was once common for the companies to afford an hour's grace on the clock one way or the other.  No longer.

When I picked up a car early, Hertz, without the agent saying a word, pre-charged me a late fee on the return while giving me paperwork showing the car due back at the original return time.  When I complained, Hertz said the charge would be taken off if I returned the car earlier than the indicated time, days to the minute from my actual pickup.  Yet when I rented another car and picked it up late, my return time still did not change.  The car was due back at the same time, and I just lost the hours to my late arrival.  So whether a customer is early or late for pickup, an inevitability because of deliberate inexactness, the company wins, either time or money.  No doubt the company is betting that the small loss on one rental will go unnoticed to the customer but add up big for the cumulative bottom line.

I admit, my complaints are small potatoes, mere annoyances, compared with being jailed.  But the theme that unifies my experience and that of the claimants against Hertz is Hertz's profound indifference to the customer.

So, free market, right?  Treating a customer like an entitlement is a consumer protection problem that should solve itself when a competitor comes along and offers to do better.  (Southwest's free checked bags and transparent pricing come to mind in the airline industry.)  Part of the problem is our public officials' dereliction of duty in antitrust.  The experiences I just described also characterize the policies of Dollar and Thrifty, because, guess what, they're owned by Hertz.  Likewise, Enterprise owns National and Alamo, and Avis owns Budget and Payless.  Three "beasts" account for almost all of the U.S. rental market.

Free markets only work when the playing field is level, information flows freely, and barriers of entry to the market for new competitors are surmountable. None of those conditions holds true in our car rental oligopoly.  Rather, if the claims in the bankruptcy court are to be believed, we've come to the point that a company can jail customers in case of contract dispute and hardly fear market reprisal.

Debtors' prison must be around the next corner.

The bankruptcy case is In re Rental Car Intermediate Holdings, LLC, and CBS Broadcasting Inc., No. 20-11247 (Bankr. D. Del. filed May 22, 2020).

Covid court backlog, solved: 'Night Court' returns

I've been reading about how courts are struggling to overcome coronavirus backlogs in their caseload.  To me, the answer is obvious.  I saw it on TV.

Anderson, 1987
(Alan Light CC BY 2.0)

Created by writer Reinhold Weege after his Barney Miller wrapped up, Night Court (wiki) ran for 193 episodes over nine seasons on NBC, from 1984 to 1992, a hit by any measure.  Harry Anderson, who passed away in 2018, managed the underbelly of New York criminal process as Judge Harry T. Stone.

Night Court launched many ships.  If already 10 years into his acting career, John Larroquette became a household name as deadpan prosecutor Dan Fielding.  Selma Diamond is unforgettable as gruff bailiff Selma Hacker, even though she appeared only in the first two seasons, passing away in 1985 at age 64.  (Read more about her at the Encyclopedia of Jewish Women.)  A parade of guest stars passed through Judge Stone's Manhattan courtroom, including some who went on to greater notoriety, such as Michael Richards, Seinfeld's Kramer, and Brent Spiner, Star Trek's Data.

"Night court" is a real thing, here and there, in the United States, not just in Manhattan.  Like in the TV show, night courts specialize in preliminary criminal proceedings, namely arraignment.  The courts don't run through the night, but after hours, Manhattan's wrapping up around 1 a.m.  Many jurisdictions have found night courts efficient to handle arraignments on drug charges or to settle minor matters, such as outstanding misdemeanor warrants, for people whose life challenges will be compounded if they're forced to get to court during the usual workday hours.  How many times have I complained that the retail counter of the post office should be open at night, when people have time to wait in line?  Though for obvious reasons, night court doesn't work as well for American jury trials. 

Rauch, 2013
(Dominick D CC BY-SA 2.0)

Night Court should be one of those sitcoms that doesn't stand the test of time.  Its humor seems to me pretty specific to the cultural moment of the 1980s.  Nevertheless, Night Court stuck around over the years in cable reruns, and, lately, with retro content pouring into streaming services and being discovered by new audiences, the show has earned its own little niche as a cult classic.  The real Manhattan night court has been a real thing since 1907, according to the New York Post, but in recent years, in part thanks to a listing in the Lonely Planet, the Manhattan night court has become a tourist attraction, appealing to visitors from around the world.

Whether real night court might help unjam our covid court backlog, I don't really know.  But TV Night Court might be getting a new lease on life.  According to a Deadline exclusive in December 2020, Melissa Rauch, The Big Bang Theory's Bernadette Rostenkowski, was a fan of the original in her New Jersey childhood and pitched a reboot to NBC.  Rauch is now set to executive produce the new show, which will feature "unapologetic optimist" Judge Abby Stone, daughter of the late Harry.  John Larroquette is lined up to return as an older and wiser Dan Fielding.

Comedy of Roy Wood Jr. surfaces under-appreciated contributions of real historical black figures

Roy Wood Jr.
(photo by Lisa Gansky CC BY-SA 2.0)

I'm a big fan of Roy Wood Jr., and every installment of his "CP Time" bit on The Daily Show is an instant classic.  They're always funny, but often, also, are educational.

Last year during African American History Month, Wood talked about little recognized black explorers, such as Matthew Henson, an American who journeyed to the North Pole, and Abubakari II, a Malian royal said to have set sail for the New World more than a century before Columbus.

This year, on Wednesday night, he highlighted African American spies who contributed importantly in the history of war and civil rights, including Josephine Baker and Harriet Tubman.

Baker on a German poster in 1929

The piece reminded me of two memorable experiences learning about these women.  I first learned about Josephine Baker, an American-born French resistance agent in World War II, only recently, in a seemingly unlikely place, a 2019 exhibit at the Musée d'Orsay titled Black Models: from Géricault to Matisse.  In the brilliant, wide-ranging exhibit on the intersection of black culture and French history, Baker was featured among entertainers whose work was fused into a new French cultural identity in the 20th century.

Tubman NHP in 2018 (photo by RJ Peltz-Steele CC BY-SA 4.0)

In 2018, my family first visited the Harriet Tubman Underground Railroad National Historical Park, which opened in Maryland in 2013.  Situated amid the Blackwater National Wildlife Refuge on the eastern shore of the Chesapeake Bay, the museum is not on the beaten path, but it's worth every extra mile to visit.  Impassionedly curated, the exhibits comprise an encyclopedic history of civil rights of which I knew precious little, even having gone to grade school in Maryland and being schooled in constitutional law.  Tubman's vital contributions as a Union spy, as well as the real story of her military leadership, portrayed by an eponymous 2019 film, is featured among narratives every American should know about the future face of our $20 note.

Happy Independence Day, Namibia!

Your humble blogger reaches Swakopmund, crossroads of the Namib Desert and South Atlantic Ocean.
All photos RJ Peltz-Steele CC BY-SA 4.0.

Yesterday, March 21 was independence day in Namibia. One of the youngest countries in the world, Namibia attained independence from South Africa in 1990 after a brutal war and bloody history of subjugation as the German colony of Southwest Africa. Public celebrations of 30 years of independence were cancelled because of the coronavirus, though an inauguration ceremony of President Hage Geingob, for his second term, proceeded.

Sign fallen to the ground in Windhoek.

I found mixed feelings on the ground about Geingob, who was the country's first prime minister and a hero of the independence movement. One middle-aged man from Namibia's rural north told me Geingob can't be blamed for entrenched intransigence and corruption in the political establishment, that he can only do so much. Meanwhile a young woman in the capital, Windhoek, stringing together multiple jobs to put herself through university, blamed Geingob squarely for double-digit unemployment--by various estimates, one in three Namibians, or more, need work--and fiercely lamented his second term.

The National Museum and historic German Lutheran church stand in juxtaposition in Windhoek.

Me and Nujoma. He holds the Namibian constitution.

I've been sensitive in traveling Africa to the subtleties of foreign influence, especially that of China, and that shadow turned up in a curious way in Namibia. Like elsewhere in Africa (I wrote earlier about Guinea-Bissau), communists financed the independence movement as an aspect of the Cold War; consider, for Namibia, this was the 1980s. North Korea grew close to legendary independence leader Sam Nujoma. North Korea financed a great many public works projects in independent Namibia, including recently and strikingly, the National Museum, which opened in Windhoek in 2014. The building is modernist (technically "socialist realist"), marking a contrast with Windhoek's colonial center, and boasts a Kim Jong-ish statue of Nujoma. The interior is to match, celebrating Namibian independence with socialist-style murals and cult-of-personality-type homages to national leaders.

A mural in the National Museum celebrates independence.

The sun rises over the Rössing Uranium Mine in the Namib.

Why does North Korea's interest persist so many years after independence? Locals point to Namibia's especially valuable natural resource: uranium mines in the western Namib desert. Though North Korea formally is walled off by the West from materials that might advance the DPRK's nuclear capabilities, suspicions point to China as a willing intermediary. And so the African "natural resources curse" persists.

Namibian Parliament: A banner on the Parliament's administrative building heralds 30 years of independence.

Customary law undergirds justice systems in Africa: A-courting in Harare

Outside the "Harare Civil Court" buildings, a discarded sign reads, "Harare Magistrate's Court / Civil and Customary Law." Other court building in Harare are pictured below. All photos RJ Peltz-Steele CC BY-SA 4.0.

The integration of customary law into national legal systems based on post-colonial polities is a challenge, and an opportunity, throughout Africa. I wrote recently about customary legal authority in the Casamance region of Senegal, and Zimbabwe is no exception to the norm.

The Zimbabwe constitution expressly preserves customary law, and federal enactments spell out the scope of customary law in sensitive areas, such as marriage and child care. The constitution creates customary courts and charges other courts, including the Supreme Court, with respecting and developing customary law, just as they do common law. For NYU Law GlobaLex, Saki and Chiware (updated by Pfumorodze and Chitsove, 2017) further explained:

The main reason for the existence of these customary law courts is to provide a justice system to ordinary people in rural areas which is consistent with African custom and values.  It is  realized that most ordinary Zimbabweans regulate their lives in accordance with customary law to the extent that the legal ideas and institutions inherited from the system has  preserved the authority of traditional leaders  to adjudicate in civil disputes by customary law.

In Zimbabwe, customary courts have jurisdiction over civil, but not criminal, matters. Common law controls in the civil sphere, while criminal law is strictly codified in Zimbabwe's mixed system.

Scales of justice adorn a high court building where criminal cases are heard.

Jehovah's Witnesses occupy the walk outside the characteristically modest legal aid office.

Your humble blogger stands before the highest court('s house) in the land.

Constitutional Court.

Shop like a termite: Sustainable architecture in Harare

Leko, my guide in the Okavango Delta of Botswana, uses a termite mound for elevation.
All photos RJ Peltz-Steele CC BY-SA 4.0.

The Eastgate Centre in Harare, Zimbabwe, pictured outside and inside below, uses passive cooling (read more at Wikipedia) to keep cool without exhaustive power consumption. Designed by Zimbabwean architect Mick Pearce, the shopping and office complex opened in 1996. Pearce works in "sustainable architecture" and developed the field upon an interest in biomimicry. The passive cooling design of the Eastgate Centre is said to be based on principles observed in southern Africa's ubiquitous termite mounds.

Eastgate Centre

US President haunts African 'ghost capital'

Main traffic circle in Canchungo, Guinea-Bissau.
All photos RJ Peltz-Steele CC BY-SA 4.0.

Throughout Guinea-Bissau, in West Africa, characteristic landmarks found in town centers, parks, and traffic circles are large, dilapidated blocks of painted concrete, often graffitied. These blocks are actually bases that have held statues of prominent leaders during the country's tumultuous history since independence was declared in 1973.

For Guinea-Bissau, it's been a journey as rocky and potholed as the nation's roads. Independence from Portugal was hard fought, with the Soviet Union, Cuba, and China pouring in arms for the revolutionaries to the end of establishing a communist foothold in West Africa. Anti-revolutionary soldiers were mass murdered after their defeat. Subsequent instability and corruption led to civil war in the 1990s, and election turmoil and political violence marked the 20-aughts. The presidential election in 2019 was contested, and just this week, since inauguration of the ultimately recognized victor, there are reports of military intimidation of the courts. No wonder statues don't last long in poor Guinea-Bissau.

That makes one statue still standing all the more an oddity. In an overgrown park in the heart of the main town on Bolama Island, in the Bijagos Archipelago, at the center of low walls of crumbling concrete that once demarcated colorful stars, the likeness of 18th U.S. President Ulysses S. Grant rises defiantly.

The Grant statue is a curious throwback to Portuguese colonial rule. Actually, all of Bolama Town is a throwback to colonialism. Once grand Portuguese constructions crumble in slow decay in what's sometimes called Guinea-Bissau's "ghost capital." European powers such as Portugal favored locating their colonial bases of operations on offshore islands, where winds kept malarial mosquitoes at bay. Today the ghost capital is inhabited, despite its state; thousands of people live in subsistence, and sometimes dependent, conditions amid the ruins.

In the 1860s, President Grant became the mutually agreed upon arbitrator between Portugal and Great Britain over territory in the islands. After Grant awarded Bolama to Portugal in 1870, the Portuguese erected the statue to honor him. Notwithstanding the resolution of that dispute, and despite British efforts to aid the Confederacy and topple the Union in the Civil War, Grant was ultimately credited with strengthening U.S. relations with Britain during his two terms as President in the Reconstruction era. Grant proved so popular abroad that he and his wife embarked on a world tour after his presidency, and, with the imprimatur of President Rutherford B. Hayes, Grant inaugurated the custom of former presidents conducting informal diplomacy abroad.

The tale of Grant's Bolama ghost gained an unusual epilog in 2007, when the statue went missing. Ofeibea Quist-Arcton reported the story for NPR. Apparently stolen to sell as scrap metal, Grant was recovered in pieces, and authorities ultimately restored him--not how things usually work out for statues in Guinea-Bissau.

Ruins of Portuguese palace in Bolama Town

Abandoned cinema in Bolama Town

A storefront in Bolama Town painted for politics

Kids swinging in a refurbished Bolama Town park

No bulls*** on the pitch. Vote Rapinoe!

The local football pitch in Reino de Tor, Guinea-Bissau. RJ Peltz-Steele CC BY-SA 4.0.

Vote Megan Rapinoe for BBC Women's Footballer of the Year 2020. She's no BS.

Happy Mardi Gras! Postcard from Bissau

Oussouye king applies customary law in Senegal

The king and his attendants in the sacred woods. All photos RJ Peltz-Steele CC BY-SA 4.0.

The king of Oussouye in the Casamance region of Senegal received me with my group earlier this week. The Oussouye are part of the Diola, or Jola, ethnic group, who populate a vast transnational area reaching from Gambia to Guinea-Bissau. Diola also span religious faiths, having Islamic and Christian adherents, though traditional African religious tenets run strong in tandem with colonial imports. The Oussouye tend especially to traditional faith.

The king dispenses justice in both criminal matters and civil disputes in Oussouye. Civil matters cover a broad range, from real and personal property, to domestic relations, to obligations. The king also operates a local social welfare system, growing a quantity of food to support needy members of the community.

Typical of the manner in which customary and "modern" law are integrated within African countries, the king exercises a jurisdiction of first instance. He explained that if someone takes a matter to the police or the courts of Senegal, the authorities will ask whether the complainant has yet consulted the king, and will refuse the matter if not. This system does not fully obviate conflict, as questions arise over when the national legal system should take precedence--especially in high-profile cases implicating human rights, including non-discrimination and the rights of children. But the great bulk of dispute resolution is managed uneventfully upon traditional principles.

Chosen according to a spiritual calling, not lineal heritage, the king is said to be supernaturally endowed with wisdom, notwithstanding a lack of formal training. The Oussouye king readily said that he had been a mechanic before the spirit moved him toward his royal role.

Oussouye kids head home from school.

Traditional impluvium house.

Local chief in the center of impluvium house.

Evidence abounds of Chinese investment in the Casamance region.

'Seduction' on Rue Torte, Île de Gorée, Senegal

Rue Torte, Île de Gorée, Senegal (CC BY-SA 4.0 RJ Peltz-Steele)

Happy Valentine's Day! Time magazine on the seduction tort, for the occasion, adapted by and from Clement Knox, Seduction (2020).

Kids everywhere play

Kids find innocent fun in the toughest of living conditions. It's a reminder that soulful joy doesn't come from worldly things.

In the photo at left, kids in Ganvie Lake Village in Benin wanted to see themselves on the screen of my little camera. Ganvie has an unusual history tied to the Portuguese slave trade; read more at Atlas Obscura. Photo by my traveling mate, Dylan Armstrong. By the way, RI/South Coast US readers, you can catch Beninese world music Grammy winner Angelique Kidjo at The Vets in Providence, R.I., on February 22. Meanwhile watch her fabulous performance on YouTube.

The photos at right and below are from in and around Jamestown, a community in Accra, Ghana. This village was an NAACP stop for the 2019 Year Of Return (WBUR), and its Old Fort is one of the string of forts and castles that memorializes the horrific suffering inflicted on "the slave coast." Two boys I met on the street, one wearing a US Soccer shirt, were experimenting with a kite they had made out of plastic and wood debris and electrical tape. In Jamestown, ever smiling Masha was my tight-gripping companion. Both photos are mine, CC BY-NC-SA 4.0, taken with permission of their subjects.

Tragic legacy of conquest renders astonishing diversity on South America's northern coast today

The Guianas (ArnoldPlaton, CC BY-SA 3.0)

I spent time this summer exploring the Guianas--Guyana, Suriname, and French Guiana, on South America's northern coast--and Trinidad and Tobago, an island nation just off the coast of Venezuela.  This is a lesser visited part of the world, to be sure, though it boasts a rapidly developing touristic infrastructure that might be the envy of Caribbean and Brazilian neighbors in the decades to come.

As guides and new friends patiently explained across a mind-blowing array of geographic and historical sub-contexts, the story of this southern basin of the Caribbean is a tragedy of colonial conquest, yet yields today a triumphant range of blended cultural traditions.  Mixed ethnic backgrounds deriving identities from dramatically different parts of the globe informed the experience of the people I met more often than not, rendering a picture of diversity--and moreover of peaceful co-existence--like none I have seen elsewhere in the world.

Ruela Goedewacht is head of the Johannes Arabi primary school in Nieuw
Aurora, Suriname (CC BY-SA 4.0). The Peace Corps painted this world map,
and the school features many beautiful murals for the kids to enjoy.

European possession of these lands was itself a shifting game of Old World thrones, with the British, Dutch, French, and Spanish variously laying claims.  The Europeans then sought to exploit their possessions on the backs of slaves and indentured servants, who arrived in waves from China, India, and Africa.  All of these newcomers mixed violently and not, as usual in the Americas, with the people who now identify as Amerindians, themselves a diverse array of nations to begin with.  Later, in the twentieth century, America found ways to insert its cultural and political presence with the avowed aim of regional security, jumbling cultural allegiances yet again.

Anthony Luces of Trinidad Food Tours at left (CC BY-SA 4.0). At center
is my security officer and virtual nephew, Casey Bius.

As a result:  Churches, mosques, and temples of various kinds take up residence adjacently to one another.  Public calendars are speckled with holidays and cultural traditions, whether Ramadan, Christmas, Holi, or the solstice, which enjoy a surprising embrace of mutual observance--not to mention the universally beloved Carnival.  Many people are fluent in multiple dissimilar languages, from Marroon and Amerindian tongues traceable to African and indigenous tribes, to the curving script renderings of the Far East, as well as unique Creole blends of native and European tongues.  And to my mouthwatering delight, the food traditions have produced unprecedented and delectable blends, such as South American-cultivated beef (Western) in a cumin-rich sauce (Indian/Hindu), or pork ribs (Eastern) upon flatbread (Indian/Muslim).

Dino Ramlal of Travel the Guianas, center. At left is one of my steadfast
travel companions, Debby Merickel, who blogs at the Aging Adventurer
(CC BY-SA 4.0).

Ordinarily I travel independently.  But that's not easy in the Guianas.  Developing infrastructure makes local knowledge and a network on the ground essential, unless you have ample time to burn with missed connections.  If you wish to explore the Guianas, I cannot say enough about Dinesh "Dino" Ramlal and his team at Travel the Guianas.  Sign up before Dino realizes how much more he should be charging for his hard work.  Also, I am especially indebted to Anthony Luces, owner and guide of Trinidad Food Tours, for his mind- and  mouth-enriching street food tour of Port of Spain, Trinidad.  To tell you more would spoil the surprises.

Charcoal ice cream on the streets of Port of Spain (CC BY-SA 4.0).

OK, three words:  Charcoal ice cream.

I've said too much.