International Journal on Minority and Group Rights最新文献

{"title":"The Ultimate Victim of Genocide and the Question of Collective Reparations","authors":"D. Kourtis","doi":"10.1163/15718115-bja10111","DOIUrl":"https://doi.org/10.1163/15718115-bja10111","url":null,"abstract":"\u0000This article examines the options available for redressing collective victimhood, specifically in relation to genocide. First, it analyses how the question of reparations was addressed during the drafting of the Genocide Convention. Then, it focuses on the framework of the Rome Statute of the International Criminal Court and explores the types of victims the icc can acknowledge and provide remedies for under its Statute and Rules of Procedure and Evidence. Finally, the article concludes by proposing an alternative approach to secure appropriate redress for the violation of the collective right to exist belonging to the ultimate victim of genocide, the group as such.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42585064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perceptions of the Feminist Movement and Women’s Rights in the Context of Universal Rights vs Cultural & Religious Norms in African Societies","authors":"Nsama Jonathan Simuziya","doi":"10.1163/15718115-bja10108","DOIUrl":"https://doi.org/10.1163/15718115-bja10108","url":null,"abstract":"\u0000Purpose – The disposition of contemporary African societies suggest that women are coerced into dependent and exploitative power relations in the name of culture, tradition, and religion. This study aims to evaluate the historical evolution and influence of the feminist agenda and how it has been received in African cultural and political circles. Given that patriarchy systems in African communities are deeply entrenched, this study aims to assess the viability of the feminist agenda in challenging those male-dominated spaces that have contributed to the slow pace of women’s emancipation. Most intriguingly is the view that gender inequality in contemporary Africa was born out of colonialism.\u0000Design/Method of Enquiry – Data were collected through scripts and media recorded interviews of experts who are specialised in the African study fields of history, anthropology, sociology, spirituality, and political science. Much of the literature was gathered from secondary information which drew from academic journals, scholarly books, and online publications.\u0000Findings – The findings suggest that feminism and universal rights in African polities are often viewed with misgivings as a contemporary phenomenon; a product of colonial legacies infused with neo-imperial impulses. Broadly, this perception runs deep in the African psyche across the continent. This widespread view is premised on the idea that pre-colonial Africa did not have problems of gender equality. The study suggests that the tension between feminism (and universal rights) on the one hand, and culture, on the other hand, can best be resolved through the prism of cross-cultural universals -a theory that seeks to find a common ground between these juxtaposes.\u0000Originality/Value – The study contributes of the literature by pushing the envelope of human rights awareness in contemporary Africa beyond cultural and religious discourses.\u0000The study brings to the fore, increased societal awareness that the fight for human rights in contemporary Africa is not necessarily a battle between Western and cultural values, but rather, about a fight for or against a human rights disposition. Most significantly, the study advances the argument that the holistic growth of a polity is dependent on all stake holders actively and freely participating in polity governance based on their ability and effort, and not based on gender or on any other consideration. Discriminatory practices against women or against any marginalised persons not only robs them of their ability to fulfil their potential as individuals, but in fact takes back all of society.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48118429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Jurisprudential Developments and Adjudication of Indigenous Peoples’ Rights","authors":"Alejandro Fuentes","doi":"10.1163/15718115-bja10102","DOIUrl":"https://doi.org/10.1163/15718115-bja10102","url":null,"abstract":"\u0000In recent years, the Inter-American Court of Human Rights (“IACrtHR”) has developed an innovative jurisprudence that has reaffirmed and further developed the right of indigenous peoples as an integrative part of the corpus juris of the international human rights law (“ihrl”). In fact, through a dynamic, systemic, evolutive and effective interpretation of the American Convention on Human Rights (“achr”), the regional tribunal has expanded the scope of protection of Article 21 achr (Right to Property) in a manner that includes the protection of the special relationship that indigenous peoples have with their traditional lands, territories and natural resources.\u0000Based on this interpretative development, the IACrtHR has further expanded the protection of indigenous peoples’ communal property to guarantee their right to cultural identity and to a dignified life, that is, to live in accordance with their own cultural traditions and understanding of dignity. In this sense, specific safeguards against unjustified restrictions on the right to property, that could amount to a denial of the cultural survival of indigenous peoples, were jurisprudentially identified by the regional tribunal.\u0000This paper critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, as developed by the IACrtHR. In particular, it pays special attention to the methods of interpretation applied by the regional tribunal and the manner that has referred to the corpus juris of international human rights law that specifically protects and guarantees the rights of indigenous peoples.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47307257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights in Crises","authors":"Yinka Olomojobi, Taiwo Abiodun-Oni","doi":"10.1163/15718115-bja10104","DOIUrl":"https://doi.org/10.1163/15718115-bja10104","url":null,"abstract":"\u0000The Nigerian nation has gone through a countless number of socio-economic and political challenges since its spontaneous union of numerous ethno-religious, political, and geo-regional races on January 1, 1914.\u0000There have been joint threats to the cohesion, assimilation, and unity of the Nigerian State due to the prevalence of a tense political system that is deeply ingrained with a deeply divided society. These threats include symptoms of not only disaffection but also an escalation of insecurities such as conflicts over resource allocation and revenue control, cattle rustling, kidnapping, cultism, armed banditry, the politics of inter-ethnic conflict.\u0000This paper adopted the doctrinal and historiographical methods of research to appraise the subject of the research. The paper concluded that while it has been established in this paper that self-determination is indeed provided for in both the Universal declaration of Human Rights, 1948 (udhr) and the African Charter on Human and Peoples Rights, 1986 (achpr), it has also been established to be against the Constitution of Nigeria, which is founded on the incontrovertible principles of state sovereignty and territorial integrity. The paper further recommended that consensual regionalism is the way forward for satisfying dissenting voices, and guaranteeing adequate representation in government.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41757912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Righting Injustices Towards the Sámi","authors":"A. Sønneland, Carola Lingaas","doi":"10.1163/15718115-bja10105","DOIUrl":"https://doi.org/10.1163/15718115-bja10105","url":null,"abstract":"\u0000One of the mandates of the Norwegian Truth and Reconciliation Commission (trc) is to contribute to reconciliation between the majority population and the Sámi and Kven population. The Commission is tasked to create greater equality between the majority and minority populations as well as increasing the knowledge about the Sámi and Kven population in the majority. In this paper, we will focus on the Sámi indigenous people.\u0000We will examine three aspects: first, the assumption that the reconciliation should be between the majority population and the Sámi population rather than between the State and the population targeted by the Norwegianisation policies. Second, how such a reconciliation between the State and the Sámi is possible when there are ongoing conflicts over the use of land and water, exemplified by the Fosen windmill case. Finally, the trc believes that a common understanding of the Norwegianisation policies and its consequences will lay the foundation for a continued reconciliation between the Sámi and the majority population. The paper discusses the involvement of the majority population in the process as well as the issues of public hearings and reparations.\u0000By means of an interdisciplinary examination of the Norwegian trc, this paper presents sociological and legal perspectives. It draws on research from Latin American trc s, particularly the Peruvian trc, and thereby offers comparative perspectives.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48039545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Barriers to Accessing Services as a Violation of Rights","authors":"Silvia Soriano Moreno","doi":"10.1163/15718115-bja10106","DOIUrl":"https://doi.org/10.1163/15718115-bja10106","url":null,"abstract":"\u0000This paper presents a research study carried out in the area of Campo Arañuelo, in the Spanish autonomous community of Extremadura. The study aimed to establish whether women in rural areas had difficulty accessing public services and whether the difficulties were the same for women of Spanish origin and women from migrant backgrounds. Difficulties in accessing public services would constitute material violations of the rights of individuals.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48227466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"fpic as Peacebuilding Tool?","authors":"Matthew I. Mitchell, Landon Wagner","doi":"10.1163/15718115-bja10107","DOIUrl":"https://doi.org/10.1163/15718115-bja10107","url":null,"abstract":"Although wide-ranging in scope, a core principle embedded throughout the United Nations Declaration on the Rights of Indigenous Peoples is the right to free, prior and informed consent (fpic). Given the widespread nature of protracted struggles over land involving Indigenous peoples, some argue fpic could provide a powerful tool to prevent and resolve land conflicts. Using a case study of the Indigenous Batwa in eastern Democratic Republic of Congo, the paper examines the promises and perils of employing fpic as a peacebuilding tool. Specifically, it contrasts two land-related conflicts involving the Batwa: (1) the Batwa’s recent attempts to reclaim territories lost via the creation of the Kahuzi-Biega National Park and (2) the decade-long conflict pitting the Batwa and Luba people. In so doing, the analysis explores the role of the proposed ‘Organic bill’, which aims to recognise Indigenous peoples’ right to fpic. This serves to highlight both the limitations and potential dangers of adopting an Indigenous rights framework to resolve land conflict in certain political contexts.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136131525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Rights of Minority Nationalities Under State Constitutions","authors":"Leul Woldegiorgies","doi":"10.1163/15718115-bja10103","DOIUrl":"https://doi.org/10.1163/15718115-bja10103","url":null,"abstract":"\u0000The purpose of this article is to examine the rights of Minority Nationalities under state constitutions in the case of Amhara Regional constitution. Hence, a qualitative research approach focusing on phenomenological design was employed. Participants of the study were twenty. They were selected through purposive sampling technique. Semi-structured interviews and document analysis were used to collect data for the study. An adapted five-stage data analysis model was also used to analyze the data. The findings of the study revealed that some minorities living in the region did not have a legitimate political representation in the regional government. Lack of government’s responsiveness and lack of commitment were the main challenges that intervene in the process of implementing the constitutional rights given for the minorities. Towards the end of this article, the implications of these findings for implementing the constitutional provisions of the minority rights, and establishing an institution has been highlighted","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49352433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Front matter","authors":"","doi":"10.1163/15718115-30010000","DOIUrl":"https://doi.org/10.1163/15718115-30010000","url":null,"abstract":"","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135947748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Integration and Special Rights","authors":"Tove H. Malloy","doi":"10.1163/15718115-bja10100","DOIUrl":"https://doi.org/10.1163/15718115-bja10100","url":null,"abstract":"\u0000For almost 25 years, the Council of Europe and the Danish authorities have entertained a fruitless and stalled dialogue on an option to apply the Council’s Framework Convention for the Protection of National Minorities in the societal integration of Greenlanders living in Denmark. So far, the Danish authorities have not been willing to award the Greenlanders any special rights citing their individual and universal rights to non-discrimination and equal civil rights as sufficient for integration. The refusal is based on the authorities’ specific interpretation of the status of Greenland and Greenlanders under international conventions. A review of the dialogue from 1999 till today set against a short Nordic-Canadian perspective reveals that a combination of special rights and universal equal civil rights puts the view of the Danish authorities in question. This seems, therefore, to indicate an unwillingness on behalf of the authorities to consider feasible alternatives.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46437349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}