Ethnic groups and institutions: A study of institutional engineering in four Central and Eastern European countries

The issue of institutional engineering has gained a renewed interest with the democratic transitions of the Central and Eastern European countries, as for some states it has become a matter of state survival. The four countries examined in the study – Macedonia, Slovakia, Romania and Bulgaria – exemplify the difficulty in establishing a stable democratic society in the context of the resurgence of national identity. The success of ethnonational minorities in achieving the desired policies affirming or expanding their rights as a group was conditioned upon the cohesion of the minority as well as the permissiveness of state institutions in terms of participation and representation of minority members. The Hungarian minorities in Slovakia and Romania, the Turkish minority in Bulgaria, and the Albanian minority in Macedonia, formed their political organizations to represent their interests. However, in some cases the divergence of strategies or goals between factions of the minority group seriously impeded its ability to obtain the desired concessions from the majority. The difficulty in the pursuit of policies favoring the expansion of minority rights was further exacerbated in some of the cases by the impermissiveness of political institutions. The political parties representing the interest of ethnonational minorities were allowed to participate in elections, although not without suspicions about their intent and even strong opposition from majority groups, but participation in elections and subsequent representation in legislative bodies did not translate into adoption of the desired policies. The ethnonational minorities' inability to effectively influence the decision-making process was the result of the inadequacy of democratic institutions to process these demands and channel them through the normal political process in the absence of majority desire to accommodate them. Despite the promise of democratic institutions to bring about a major overhaul of the policies of forceful assimilation and disregard for minority rights, the four cases analyzed in the study demonstrate that in effect ethnonational minorities continued to be at the mercy of the majority, especially if the minority was unable to position itself as a balancing actor.

European integration and democratic consolidation: Spain, Poland and Turkey in comparative perspective

The study explored when, under what conditions, and to what extent did European integration, particularly the European Union’s requirement for democratic conditionality, contribute to democratic consolidation in Spain, Poland, and Turkey? On the basis of a four-part definition, the dissertation examined the democratizing impact of European integration process on each of the following four components of consolidation: (i) holding of fair, free and competitive elections, (ii) protection of fundamental rights, including human and minority rights, (iii) high prospects of regime survival and civilian control of the military, and (iv) legitimacy, elite consensus, and stateness. To assess the relative significance of EU’s democratizing leverage, the thesis also examined domestic and non-EU international dynamics of democratic consolidation in the three countries. By employing two qualitative methods (case study and process-tracing), the study focused on three specific time frames: 1977–1986 for Spain, 1994–2004 for Poland, and 1999–present for Turkey. In addition to official documents, newspapers, and secondary sources, face-to-face interviews made with politicians, academics, experts, bureaucrats, and journalists in the three countries were utilized. The thesis generated several conclusions. First of all, the EU’s democratizing impact is not uniform across different components of democratic consolidation. Moreover, the EU’s democratizing leverage in Spain, Poland, and Turkey involved variations over time for three major reasons: (i) the changing nature of EU’s democratic conditionality over time (ii) varying levels of the EU’s credible commitment to the candidate country’s prospect for membership, and (iii) domestic dynamics in the candidate countries. Furthermore, the European integration process favors democratic consolidation but its magnitude is shaped by the candidate country’s prospect for EU membership and domestic factors in the candidate country. Finally, the study involves a major policy implication for the European Union: unless the EU provides a clear prospect for membership, its democratizing leverage will be limited in the candidate countries.

Struggles for Citizenship in South Africa

South Africa’s first democratic constitution of 1996, which defines the content and scope of citizenship, emerged out of what the country’s Constitutional Court accurately described as ‘a deeply divided society characterized by strife, conflict, untold suffering and injustice which generated gross violations of human rights, the transgression of humanitarian principles in violent conflicts and a legacy of hatred, fear, guilt and revenge’ (cited in Jagwanth, 2003: 7). The constitution was internationally noteworthy for its expressed protection of women’s and sexual minority rights and its extension of rights of citizenship to socio-economic rights, such as rights of adequate healthcare, housing and education (SAGI, 1996). During South Africa’s first two decades of democracy, the Constitutional Court has proven its independence by advancing citizenship rights on a number of occasions (O’Regan, 2012). The struggle for citizenship was at the heart of the liberation struggle against the apartheid regime and within the complex dynamics of the anti-apartheid movement, increasingly sophisticated and intersectional demands for citizenship were made. South Africa’s constitutional rights for citizenship are not always matched in practice. The country’s high rates of sexual violence, ongoing poverty and inequality and public attitudes towards the rights of sexual minorities and immigrants lag well behind the spirit and letter of the constitution. Nevertheless, the achievement of formal citizenship rights in South Africa was the result of a prolonged and complex liberation struggle and analysis of South Africa demonstrates Werbner’s claim that ‘struggles over citizenship are thus struggles over the very meaning of politics and membership in a community’ (1999: 221). This chapter will begin with a contextual and historical overview before moving onto analyzing the development of non-racialism as a basis for citizenship, non-sexism and gendered citizenship, contestations of white, militarized citizenship and the achievement of sexual citizenship by the Lesbian, Gay, Bisexual and Transgender (LGBT) rights movement. As shall be made clear, all these citizenship demands emerged during the decades of the country’s liberation struggle.

El concepto de ciudadanía en la obra de Dominique Schnapper: entre el tipo ideal sociológico y el ideal de sociedad democrática

Este artículo analiza la evolución del concepto de ciudadanía en la obra de Dominique Schnapper como uno de los ejemplos más destacados en la sociología contemporánea de una aproximación completa a la cuestión. A través de un recorrido exhaustivo por su obra, el objetivo es profundizar en la comprensión de la tensión entre la dinámica democrática y la idea de ciudadanía en cuanto que tipo ideal del vínculo social y como principio regulador de las sociedades democráticas. La autora propone en sus primeros trabajos una noción de ciudadanía vinculada al proceso político de construcción de la nación que no distingue entre la definición de un tipo ideal sociológico y la construcción de un ideal de sociedad. Esta confusión se corrige al introducir posteriormente en el análisis la incidencia de la democracia sobre las experiencias individuales de la ciudadanía, aportando una perspectiva de análisis de gran utilidad tanto para la comprensión de la dinámica contemporánea de las sociedades democráticas como para la necesaria defensa de la ciudadanía como vínculo social fundamental y como principio fundador de la legitimidad política.

Equality versus Fraternity? Rethinking France and its Minorities

The relationship between France and its minorities is complex. Recent events including the 2015 terrorist attacks, the prohibition on wearing religious symbols in public, or the 2005 riots, have been perceived as symbols of great tension in French society when its comes to its minorities.2 Indeed the ten-year anniversary of the riots prompted reporting that nothing had changed in the intervening period in the structures of inequality that caused them,3 while in January 2015, the French Prime Minister Manuel Valls declared that the country was facing a “territorial, ethnic and social apartheid”.4 This statement from the Prime Minister seems to be at odds with the overall policy of rejecting any targeted policies or laws to protect minorities in France. As a tradition France is against minority rights. French authorities have consistently rejected the use of the term ‘minorities’, and have banned any form of special measures for national, racial, ethnic, religious or linguistic groups.5

The New Silk Road, a Glimpse to China's Regime?

China's Silk Road Economic Belt plan is a part of One Belt, One Road initiative that aims to create trade routes from China all the way to Europe. Despite the potential benefits, there are also problems along the way. In this research I am examining the adverse effects of one part of the Silk Road Economic Belt with my focus on Xinjiang Uyghur minority and their rights and Central Asian regional stability. Moreover, I suggest that China's past commitments in the international society as well as her actions in relations to the undertaking can give an insight into a regime where China would be the dominant power in international society. I have used qualitative analysis to study the topics. My most important methodological tools to examine the topics are as follows. I utilise conceptual analysis to borrow concepts from international relations field. I use method of situation analysis when I am describing the current circumstances in China's Xinjiang and Central Asia. Inductive analysis is the overall method since I suggest that the content I have examined could give an insight to how China regards and relates to international law in the future. Moreover, my theoretical framework of the research sees international law as a tool that a state can use to gain more power but at the same time international law restricts state's behaviour. Based on the findings of this research, in case of Xinjiang the New Silk Road is likely to worsen Uyghurs situation because of Beijing's worries and harsh actions to prevent any disturbance. However, the New Silk Road could bring stability and maintain regional security in Central Asia when the states could see it beneficial to unite for cooperation which can result with greater benefits. China's potential future regime will emphasize sovereignty and non-interference to states’ domestic matters. Moreover, there will be no room for minority rights in China's concept of human rights. Human rights are meant to protect rights of masses but are of secondary importance since development and security will be more important goals to pursue. In the field of cooperation, China is increasingly using multilateral forums to discuss the matters but reserves bilateral negotiations for executing the plans.

O reconhecimento da diferença como garantia da igualdade para afirmação do direito e da identidade da mulher

Tese (doutorado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.

Cultural, religious and political contestations: the multicultural challenge

This book examines the foundations of multiculturalism in the context of émigré societies and from a multi-dimensional perspective. The work considers the politics of multiculturalism and focuses on how the discourse of cultural rights and intercultural relations in western societies can and should be accounted for at a philosophical, as well as performative level. Theoretical perspectives on current debates about cultural diversity, religious minorities and minority rights emerge in this volume. The book draws our attention to the polarised nature of contemporary multicultural debates through a well-synthesised series of empirical case studies that are grounded in solid epistemological foundations and contributed by leading experts from around the world. Readers will discover a fresh re-examination of prominent multicultural settings such as Canada and Australia but also an emphasis on less examined case studies among multicultural societies, as with New Zealand and Italy. Authors engage critically and innovatively with the various ethical challenges and policy dilemmas surrounding the management of cultural and religious diversity in our contemporary societies. Comparative perspectives and a focus on core questions related to multiculturalism, not only at the level of practice but also from historical and philosophical perspectives, tie these chapters from different disciplines together. This work will appeal to a multi-disciplinary audience, including scholars of political philosophy, sociology, religious studies and those with an interest in migration, culture and religion in contemporary societies.

Does speed matter? : the impact of the EU membership incentive on rule adoption in minority language rights protection

Denna avhandling tar sin utgångspunkt i ett ifrågasättande av effektiviteten i EU:s konditionalitetspolitik avseende minoritetsrättigheter. Baserat på den rationalistiska teoretiska modellen, External Incentives Model of Governance, syftar denna hypotesprövande avhandling till att förklara om tidsavståndet på det potentiella EU medlemskapet påverkar lagstiftningsnivån avseende minoritetsspråksrättigheter. Mätningen av nivån på lagstiftningen avseende minoritetsspråksrättigheter begränsas till att omfatta icke-diskriminering, användning av minoritetsspråk i officiella sammanhang samt minoriteters språkliga rättigheter i utbildningen. Metodologiskt används ett jämförande angreppssätt både avseende tidsramen för studien, som sträcker sig mellan 2003 och 2010, men även avseende urvalet av stater. På basis av det \"mest lika systemet\" kategoriseras staterna i tre grupper efter deras olika tidsavstånd från det potentiella EU medlemskapet. Hypotesen som prövas är följande: ju kortare tidsavstånd till det potentiella EU medlemskapet desto större sannolikhet att staternas lagstiftningsnivå inom de tre områden som studeras har utvecklats till en hög nivå. Studien visar att hypotesen endast bekräftas delvis. Resultaten avseende icke-diskriminering visar att sambandet mellan tidsavståndet och nivån på lagstiftningen har ökat markant under den undersökta tidsperioden. Detta samband har endast stärkts mellan kategorin av stater som ligger tidsmässigt längst bort ett potentiellt EU medlemskap och de två kategorier som ligger närmare respektive närmast ett potentiellt EU medlemskap. Resultaten avseende användning av minoritetsspråk i officiella sammanhang och minoriteters språkliga rättigheter i utbildningen visar inget respektive nästan inget samband mellan tidsavståndet och utvecklingen på lagstiftningen mellan 2003 och 2010.

Language minority, illiteracy, and voting data used in making determinations for the Voting rights act amendments of 1975 (Public law 94-73).

Item 142-C

Cambodia : limited progress on free elections, human rights, and mine clearing : briefing report to the Chairman and Ranking Minority Member, Committee on International Relations, House of Representatives /

"B-270716"--P. 1.

Minority activism : trends informing political participation across Australian communities

In the late 1990’s, intense and vigorous debate surrounded the impact of minority communities on Australia’s mainstream society. The rise of far-right populism took the stage with the introduction to the political landscape of Pauline Hanson and her One Nation party, whilst John Howard’s Liberal-National Coalition Government took the fore on debate over immigration issues corresponding with an influx of irregular arrivals. In 2001, following the September 11 terrorist attacks in the United States of America and subsequent attacks on western targets globally, many of these issues continued to be debated through the security posturing that followed. In recent years, much effort has been afforded to countering the threat of terrorism from home grown assailants. The Government has introduced stringent legislative responses whilst researchers have studied social movements and trends within Australian communities, particularly with respect to minorities. In 2008, the Scanlon Foundation, in association with Monash University and various government entities, released its findings into its survey approach to mapping social cohesion in Australia. It identified a number of spheres of exploration which it believed were essential to measuring cohesiveness of Australian communities generally including, economic, political and socio-cultural factors (Markus and Dharmalingam, 2008). This doctoral project report will explore the political sphere as identified in the Mapping Social Cohesion project and apply it to identified minority ethnic communities. The Scanlon Foundation project identified political participation as one of a number of true indicators of social cohesion. This project acknowledges that democracy in Australia is represented predominantly by two political entities representing a vast majority of constituents under a compulsory voting regime. This essay will identify the levels of political activism achieved by minority ethnic communities and access to democratic participation within the Australian political structure. It will define a ten year period from 1999 to 2009, identifying trends and issues within minority communities that have proactively and reactively promoted engagement in achieving a political voice, framed within a mainstream-dominated political system. It will research social movements and other influential factors over that period to enrich existing knowledge in relation to political participation rates across Australian communities.

Human rights and environmental wrongs : achieving environmental justice through human rights law

The links between the environment and human rights are well established internationally. It is accepted that environmental problems impact on individuals’ and communities’ enjoyment of rights which are guaranteed to them under international human rights law. Environmental issues also impact on governments’ capacity to protect and fulfil the rights of their citizens. In addition to these links between the environment and human rights, it is argued that human rights principles offer a strategy for addressing environmental injustice. The justice implications of environmental problems are well documented, with many examples where pollution, deforestation or other degradation disproportionately impacts upon poorer neighbourhoods or areas populated by minority groups. On the international level, there are environmental injustices which exist between developed and developing states. Further, there are also potential injustices for future generations. This paper investigates the role of human rights principles in addressing these instances of environmental injustice, and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups who are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend more weight to claims for more equitable environmental policies.