Courts and Consociations: Human Rights versus Power-sharing

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination.

Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements.

In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements.

Courts and Consociations:How human rights courts may destabilize power-sharing settlements

We consider the use of consociational arrangements to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts, and their compatibility with non-discrimination and equality norms. Key questions include to what extent, if any, consociations conflict with the dictates of global justice and the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and, most recently, in Sejdic and Finci, concerning the constitutional arrangements established for Bosnia Herzegovina under the Dayton Agreement. The Court’s recent decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in the Belgian cases. We seek to account for this change and assess its implications. We identify problematic aspects of the judgment and conclude that, although the Court’s decision indicates one possible trajectory of human rights courts’ reactions to consociations, this would be an unfortunate development because it leaves future negotiators in places riven by potential or manifest bloody ethnic conflicts with considerably less flexibility in reaching a settlement. That in turn may unintentionally contribute to sustaining such conflicts and make it more likely that advisors to negotiators will advise them to exclude regional and international courts from having standing in the management of political settlements.

The religious content of ethnic identities

The religious dimensions of ethnic identities have been under-theorized. In contemporary industrial societies there is a tendency to characterize religiously demarcated groups as 'really' ethnic.This article suggests that the religious content of ethnic boundaries may be more important than might initially be assumed. A religious identification may have specific religious content and assumptions that may cause it to operate in different ways from other identities. Even if identities do not seem primarily religious per se, they may have latent religious dimensions that can become reactivated. Whilst identity conflicts and other social struggles may stimulate the return of the religious, once reactivated, the religious dimensions of identity may take on a logic of their own.Therefore, the article argues that in many contexts there is a two-way relationship between religion and ethnicity. Each can stimulate the other, rather than religion simply playing a supporting role to the ethnic centrepiece.

Conflicts in the Middle East since 1945, (London: Routledge, 2007, Third Edition).

This third edition of Conflicts in the Middle East since 1945 analyzes the nature of conflict in the Middle East, with its racial, ethnic, political, cultural, religious and economic factors. Throughout the book Peter Hinchcliffe and Beverley Milton-Edwards put the main conflicts into their wider context, with thematic debates on issues such as the emergence of radical Islam, the resolution of conflicts, diplomacy and peace-making, and the role of the superpowers.

The book is brought fully up to date with events in the Middle East, covering, for instance, developments in Iraq in 2006 where a democratically elected government is in place but the insurgency show no sign of coming under control. The analysis of the Palestinian/Israeli conflict is also brought up to the present day, to include the election of the Hamas government and the 2006 conflict between Israel and Lebanon’s Hizballah.

Including a newly updated bibliography and maps of the area, this is the perfect introduction for all students wishing to understand the complex situation in the Middle East, in its historical context.

Revolution and the ritual year: religious conflict and innovation in Cristero Mexico

This article analyses Catholic responses to persecution of the Church by the Mexican state during Mexico's cristero rebellion (1926–9) and seeks to make a new contribution to the revolt's religious history. Faced with the Calles regime's anticlericalism, the article argues, Mexico's episcopate developed an alternative cultic model premised on a revitalised lay religion. The article then focuses on changes and continuities in lay – clerical relations, and on the new religious powers of the faithful, now empowered to celebrate ‘white’ masses and certain sacraments by themselves. The article concludes that persecution created new spaces for lay religious participation, showing the 1910–40 Revolution to be a period of religious, as well as social, upheaval.

Beyond the Orange and the Green. The Diversification of the Qualitative Social Research Landscape in Northern Ireland.

The Northern Ireland conflict has been described as one of the most over-researched conflicts in the world. However, this is a relatively recent development. For many years, when the conflict was most intense, social scientists in Northern Ireland were silent and not vocal. The sectarian violence that dominated the life in Northern Ireland as well as the fact that the country was a fundamentally unjust society contributed to this silence. However, since the peace process began in the mid 1990s, a growing number of qualitative studies have been published, utilising one-to-one interviews and focus group discussions, in order to "make people's voices heard" and deal with the consequences of the so-called "Troubles". This paper looks into the emergence of a qualitative social research landscape in Northern Ireland beyond the conflict and explores issues so far neglected. It is argued that a number of factors have contributed to this, among them the availability of research funding to voluntary and community sector organisations that use their data to influence policy-making and equality legislation in a country which is still deeply divided along socio-religious lines.

Turning the categories inside-out: Complex identifications and multiple interactions in religious ethnography

This paper challenges the fixed boundaries that ethnographers have often constructed between religious insiders and outsiders. Drawing on Neitz's observations, it argues that the main task of reflexive fieldwork is locating the self in relation to ambiguous and shifting boundaries. We offer a comparative analysis of the experiences of two differently socially located researchers to illustrate how religious identity emerges as a continuum, on which one's place is negotiated with one's research participants. We also examine the importance of intersecting multiple identities. Finally, the paper questions whether social identity categories are the primary way that we relate with our respondents. It explores the spiritual and emotional dimensions of research relationships and argues that these may transform, reinforce and generally interact with social identities. Comparing our experiences, we outline the consequences of these reflections for data gathering and analysis.