{"title":"The Palestinian Citizens of Israel: Nationality and Identity of Arabs in the Jewish State","authors":"Cecilia Gialdini","doi":"10.1163/15718115-bja10087","DOIUrl":"https://doi.org/10.1163/15718115-bja10087","url":null,"abstract":"\u0000The article addresses the condition of the Palestinian citizens of Israel as a minority trapped into a Jewish state. It investigates the status of the minority both under a legal perspective – focusing on the norms regarding the definition of minority in the Israeli state-, and under a social and political perspective. The paper moves forward to analysing the attitude of the Israeli state towards its Palestinian citizens and the actual recognition of minority rights, in particular regarding the preservation of group identity.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42725052","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":"Excessive State Intervention in Regulating Minority Educational Institutions: An Insidious Constitutional Aberration","authors":"D. K. Kaul","doi":"10.1163/15718115-bja10088","DOIUrl":"https://doi.org/10.1163/15718115-bja10088","url":null,"abstract":"\u0000This article explores the extent of state regulation in aided minority educational institutions. It analyses the decision in the Sk. Md. Rafiq, which goes contrary to the settled law of limited state interference. In matters of selection and appointment of teachers, the state can prescribe only certain criteria to achieve ‘educational excellence’ in the ‘national interest’. However, the impugned statutory provisions have virtually eroded the autonomy that the management board of the institution hitherto enjoyed. The ripples of this decision are far-reaching, given this unprecedented judicial affirmation of virtually unbridled state intervention. State control is necessary to ensure that such institutions maintain basic standards in imparting education. It cannot pave the way for a situation where the board is bound by state recommendations. A moderate state role in such institutions is essential for the preservation of the minority character of institutions under Article 30(1) of the Indian Constitution.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45758542","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":"Negotiating Aspirations in Displacement","authors":"Zubia Willmann-Robleda","doi":"10.1163/15718115-bja10086","DOIUrl":"https://doi.org/10.1163/15718115-bja10086","url":null,"abstract":"\u0000 This article explores women’s aspirations during different stages of seeking asylum and settling in Norway and how their aspirations were influenced by each stage’s characteristics and circumstances. Two ethnographic fieldwork phases involved following nine women during approximately one and a half years through the asylum process and the early stages of settlement in Norway (2017–2019). The data show that while living in an asylum centre, the women’s narratives about their aspirations were permeated primarily by their uncertain circumstances. After settling in the municipalities, they began to encounter multiple limitations to their aspirations, which led them to become demotivated and eventually readjust their aspirations. This article shows the effects that the experience of being an asylum seeker and that of resettling in a new country has on people’s aspirations and motivation, something which can in turn have an influence on how they decide to incorporate into the new society.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42635633","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 Fosen Case and the Protection of Sámi Culture in Norway Pursuant to Article 27 iccpr","authors":"Ø. Ravna","doi":"10.1163/15718115-bja10085","DOIUrl":"https://doi.org/10.1163/15718115-bja10085","url":null,"abstract":"\u0000 The International Covenant on Civil and Political Rights has been a part of Norwegian law since 1999. It has, however, been of greater importance in the political sphere than in the courts. In the fall of 2021, the Supreme Court of ruled that the construction of two wind power plants were violating the rights of Indigenous Sámi reindeer herders pursuant to the Article 27 iccpr. In the presentation, the Supreme Court’s use of Article 27 is analysed in order to determine its impact on protecting Indigenous rights in Norway, including where the threshold for violation lays when interference in Sámi reindeer husbandry areas take place.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41522824","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":"Why are Eurasian Communities Disappearing in Malaysian Society?","authors":"S. Pandian, S. Vega, Nur Hafeeza Ahmad Pazil","doi":"10.1163/15718115-bja10082","DOIUrl":"https://doi.org/10.1163/15718115-bja10082","url":null,"abstract":"\u0000This article examines the reasons behind the disappearance of the Eurasian minority in Malaysia to shed light on and understand the general community issues such as discrimination, neglect and slight to no political representation. This is illustrated by the British government’s attitude towards Eurasians, the national identity narrative based on the majority racial categories, policies enforced by the Malaysian government and the prejudices that Eurasians face in their communities, and the racism that mixed individuals are exposed to while living in Asian society. Most factors, including identity problems, racism, the inferiority of mixed-race, discrimination, denial of political representation, and the national policies such as the National Education Policies, New Economic Policy (nep), and the National Language Act has caused many Eurasians to emigrate abroad or to other Commonwealth countries. Currently, Eurasians face reduced visibility and influence as their numbers continue to be overwhelmed by other majority races, including Chinese, Indians and Malays. After independence, the Eurasians became a forgotten community in Malaysia as the nation chose to forget the activities of the Eurasian community during the colonial period. Illustrating the study’s conceptual framework and analysing the literature reviewed revealed that the Eurasians are a marginalised minority group whose identity, nationality, culture, and existence are defined by Malaysian national policies in economic, educational, and language acts.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46595600","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":"Democratic Regime in Myanmar and the Rights of the Rohingya Community","authors":"Arpita Mohajon, K. Uddin","doi":"10.1163/15718115-bja10084","DOIUrl":"https://doi.org/10.1163/15718115-bja10084","url":null,"abstract":"\u0000The right of ethnic minorities, particularly those of the Rohingyas, have been continually and repeatedly denied in Myanmar. When Aung San Suu Kyi’s party came into power, the right of various ethnic groups, especially the rights of Rohingyas during Suu Kyi’s regime were violated. Unfortunately, the conditions for the Rohingya have continued to worsen. The findings of this research show that the human rights of Rohingya in Myanmar were challenged during Aung San Suu Kyi’s so-called democratic regime via ethnic cleansing owing to the absence of real democratic norms, unequal treatment, and state-sponsored violations of human rights against the Rohingya community. The key reasons behind the failure to ensure the rights of the ethnic Muslim minority include militarism in the democratic structure, a lack of democratic institutions, international politics and the interest of powerful countries, a lack of democratic culture, and an aggressive attitude towards the Rohingya. Finally, the paper proposes some policy implications.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42599201","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":"State Integration vs. Minority Protection through Regional Self-Determination: The Åland Case","authors":"Bjarne Lindström","doi":"10.1163/15718115-bja10083","DOIUrl":"https://doi.org/10.1163/15718115-bja10083","url":null,"abstract":"\u0000In this contribution, Åland’s autonomy as a model for the protection of territorial minorities is analysed and evaluated. The geopolitical background is today’s Europe with, in general, quite strong state integration tendencies. The focus is on Åland’s autonomy’s ability to successfully deliver on the original promises regarding the greatest possible regional self-determination and language protection given at its inception in 1921 by the League of Nations and the Finnish state. Comparisons are made with similar European and Nordic autonomies. The conclusion is that Åland’s position in international law and in the Finnish Constitution remains, thanks primary to its historical origin, relatively strong. However, two negative factors are identified: the severely limited de facto home rule, and the asymmetric partnership between the autonomy and the state. The contribution concludes with a number of lessons learned regarding the legal and political conditions for well-functioning and long-term sustainable autonomies within the framework of today’s sovereign European and Nordic states.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49567484","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 Plight of Boat Refugees to Thailand","authors":"Hassan Al Imran","doi":"10.1163/15718115-bja10081","DOIUrl":"https://doi.org/10.1163/15718115-bja10081","url":null,"abstract":"\u0000Thailand is a coastal State, and the plight of Rohingya boat refugees from Myanmar is an ongoing issue there. However, Thailand has no refugee laws and the State is also a non-State party to the 1951 Refugee Convention. Refugee issues are being treated under ad hoc decisions in Thailand; therefore, refugees have no legal status there, they are treated as illegal immigrants. Moreover, being a coastal State, Thailand rigorously controls its seas. However, Thailand signed on to core international human rights instruments which ensure protection from torture, including their guarantee of civil and political rights to all individuals within its territory. As a State-party to international maritime laws, Thailand also has obligations to assist any person at sea. Against this background, this article examines the challenges of refugee protection in Thailand, where special focus is given to the Rohingya boat refugees within an examination of its maritime laws. In conclusion, it suggests a solution for refugee protection in Thailand under the existing regime. While particular literature on the Rohingya boat refugees in Thailand is very limited, it is expected that the article will fill the gap in existing literature regarding the boat refugee issue in Thailand.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47759803","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":"Competing Stories","authors":"Anna Grzywacz, M. Lubina","doi":"10.1163/15718115-bja10078","DOIUrl":"https://doi.org/10.1163/15718115-bja10078","url":null,"abstract":"\u0000The recent discussions on the 2021 Myanmar’s coup have overshadowed the ‘old’ issues, and the Rohingya crisis in particular. In this article, we draw the interest back to one of the most challenging crises of all. We discuss how the main actors shape the image of the Rohingya crisis narratively. How is the conflict narrated? Do competing narratives share anything in common? We argue that all actors produce different and to some extent mutually exclusive images of the conflict. We also find that there are no divergences within the actors’ narratives of the conflict, which suggests that they are more engaged in advocating their political aims than finding a bridging point for further negotiations on the conflict. Our argument is substantiated by an analysis of the narratives articulated by five actors: the United Nations, the Association of Southeast Asian Nations, the Myanmar government, Bangladesh, and the Rohingya themselves.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41591058","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":"Unequal Citizens of a Liberal Democracy","authors":"Md. Intekhab Hossain","doi":"10.1163/15718115-bja10077","DOIUrl":"https://doi.org/10.1163/15718115-bja10077","url":null,"abstract":"\u0000In almost every culture and society globally, women are victims of discrimination and suppression manifested in different spheres of socio-economic, political, cultural, and religious life and activity to varying degrees. Their socially and culturally assigned roles, status, and rights, have always been a subject of serious concern for academics, scholars, intelligentsia, activists, development authorities, and policymakers. The international community, more than ever, is now very sensitive to all issues concerning women’s human rights. Muslims are the largest and principal minority in India. But the mainstream society knows meager about their lives, diversity, religious and constitutional rights, and socio-legal movements for liberation, equity, and justice. One of the reasons for the inadequacy of data on Muslim women’s social history in this century is their absence from public life. Moreover, the general lack of research on minority women worldwide reveals the marginalisation of their experiences. This piece reflects on a contemporary profile of Indian Muslim women, emphasizing some of the critical sociological and anthropological aspects that have drawn widespread media attention recently. It also explores the underlying causes of their subordination, inequality, and exclusion, which act as a barrier to play a constructive role in society, in the context of Indian constitutionalism.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44255129","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}