Pub Date : 2024-04-11DOI: 10.1163/15718115-bja10159
O. Eze, L. I. Ugbudian, E. Alaku
The Middle Belt factor in the Nigeria-Biafra War is a new perspective in Nigerian historical scholarship. The intra-elite competition for power in the Middle Belt resulted in the Tiv revolts of the early 1960s which eroded the legitimacy of Nigeria’s post-independence government. This study is a knowledge-building effort to analyse how the pendulum of the Middle Belt politics from 1967–1975 factored the Zone’s participation in the Nigeria-Biafra War, its influence in the war-time policies, as well as the post-war policies. The thrust of this study, therefore, is to demonstrate how the Middle Belt politics shaped the success of the war and the formulation of war policies during, and after the war in Nigeria. The argument from this perspective is that the crises in the Zone precipitated the coup and subsequent events that snowballed into the war, and their cumulative contributions to the end of the war.
{"title":"The Middle Belt Factor in the Nigeria-Biafra War, 1967–1975","authors":"O. Eze, L. I. Ugbudian, E. Alaku","doi":"10.1163/15718115-bja10159","DOIUrl":"https://doi.org/10.1163/15718115-bja10159","url":null,"abstract":"\u0000The Middle Belt factor in the Nigeria-Biafra War is a new perspective in Nigerian historical scholarship. The intra-elite competition for power in the Middle Belt resulted in the Tiv revolts of the early 1960s which eroded the legitimacy of Nigeria’s post-independence government. This study is a knowledge-building effort to analyse how the pendulum of the Middle Belt politics from 1967–1975 factored the Zone’s participation in the Nigeria-Biafra War, its influence in the war-time policies, as well as the post-war policies. The thrust of this study, therefore, is to demonstrate how the Middle Belt politics shaped the success of the war and the formulation of war policies during, and after the war in Nigeria. The argument from this perspective is that the crises in the Zone precipitated the coup and subsequent events that snowballed into the war, and their cumulative contributions to the end of the war.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140713880","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}
Pub Date : 2024-04-01DOI: 10.1163/15718115-bja10157
Layeeq Ahmad Sheikh, Rameez Raja
The Ahmadiyya movement is one of the most controversial movements within the South Asian Islam from the late 19th and the 20th century. The movement from the beginning was instrumental in reinvigorating the debate on the Islamic orthodoxy and interpretation and re-interpretation of the Islamic texts among Muslims. These controversies and debates over the period of time have entered into the public consciousness particularly among Muslims of South Asia, which has enabled it to become an accepted feature of the contemporary South Asian Politics. As the movement became more public, the distinct identity of Ahmadi took shape and a notion of Ahmadiyyat as distinct expression of Islam became increasingly politicised. Similarly, the emergence of this Ahmadi identity was influenced by modern South Asian politics as much as South Asian Islam was influenced by the modernists. This influence has widened the dichotomy between Ahmadi Islam and the orthodox Islam. The current study focuses on how South Asian Islam’s narratives grew and developed to build and declare Ahmadis as a non-Muslim minority. It also demonstrates how these narratives were exploited over time by both Muslim groups and famous Muslims to malign and portray the Ahmadiyya community as ‘other’ in the eyes of Muslim and state structures. The study focuses primarily on the narratives of the 20th-century Muslim intellectuals such as Sir Muhammad Iqbal, Abul A’la Maududi, and other groups such as Majlis-i-Ahrar, as well as their role in building and constructing narratives that declared Ahmadis as ‘other’ while also changing their identity and status as Muslims.
{"title":"The Othering of the Ahmadiyya Muslim Community","authors":"Layeeq Ahmad Sheikh, Rameez Raja","doi":"10.1163/15718115-bja10157","DOIUrl":"https://doi.org/10.1163/15718115-bja10157","url":null,"abstract":"\u0000The Ahmadiyya movement is one of the most controversial movements within the South Asian Islam from the late 19th and the 20th century. The movement from the beginning was instrumental in reinvigorating the debate on the Islamic orthodoxy and interpretation and re-interpretation of the Islamic texts among Muslims. These controversies and debates over the period of time have entered into the public consciousness particularly among Muslims of South Asia, which has enabled it to become an accepted feature of the contemporary South Asian Politics. As the movement became more public, the distinct identity of Ahmadi took shape and a notion of Ahmadiyyat as distinct expression of Islam became increasingly politicised. Similarly, the emergence of this Ahmadi identity was influenced by modern South Asian politics as much as South Asian Islam was influenced by the modernists. This influence has widened the dichotomy between Ahmadi Islam and the orthodox Islam. The current study focuses on how South Asian Islam’s narratives grew and developed to build and declare Ahmadis as a non-Muslim minority. It also demonstrates how these narratives were exploited over time by both Muslim groups and famous Muslims to malign and portray the Ahmadiyya community as ‘other’ in the eyes of Muslim and state structures. The study focuses primarily on the narratives of the 20th-century Muslim intellectuals such as Sir Muhammad Iqbal, Abul A’la Maududi, and other groups such as Majlis-i-Ahrar, as well as their role in building and constructing narratives that declared Ahmadis as ‘other’ while also changing their identity and status as Muslims.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140756154","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}
Pub Date : 2024-04-01DOI: 10.1163/15718115-bja10156
Sunil Belladi, Hannah Sarasu John
The recent changing tides of social and political climate across the globe has impacted the influence of media and culture (Michael Gurevitch, 1982), and in effect, the social fabric of our globalised society. This paper uses theories from Sturcturalism to understand better the larger socio-cultural structures that lay deeply embedded into our understanding of society as a whole. This cultural understanding is important to look at media (and by extension film) through its power dynamics and capital it provides to the groups that it represents and the groups that it does not. The study of these representations as being in opposition to each other in the way of ‘in’ and ‘out’ groups to understand the ways in which culture and cinema receive minorities, and for this paper, the Indian Christian identity in India. Mainstream cinema or Bollywood helps in the translation of in and out groups into the ‘othering’ of religious minorities (Brons, 2015) while also presenting and confirming the already existing ideas of the identity of minorities. This paper looks to identify the importance of alternative cinema, in this case regional Malayalam Cinema, for minorities that have been marginalised by the media and their role in the repairing the self-image of these minorities. The intrinsic binary between the alternative and mainstream cinema here are representative of the power and lack thereof for these minorities in terms of their social and self-perception.This paper goes a step further by not just looking at Indian Christians as a homogeneous whole but also determining the difference in portrayal and representation of the different denominations of the Indian Christian community. Therefore, this paper attempts to explain the reasons for the invisibility of Indian Christian representation or its ‘other-ing’ in mainstream film while also understanding the binary in the internal cultural dynamics within the Christian population through the lens of popular culture and regional or alternative cinema.
{"title":"Representation of Indian Christians and their ‘othering’ in Mainstream Indian Cinema, a Critical Evaluation","authors":"Sunil Belladi, Hannah Sarasu John","doi":"10.1163/15718115-bja10156","DOIUrl":"https://doi.org/10.1163/15718115-bja10156","url":null,"abstract":"\u0000The recent changing tides of social and political climate across the globe has impacted the influence of media and culture (Michael Gurevitch, 1982), and in effect, the social fabric of our globalised society. This paper uses theories from Sturcturalism to understand better the larger socio-cultural structures that lay deeply embedded into our understanding of society as a whole. This cultural understanding is important to look at media (and by extension film) through its power dynamics and capital it provides to the groups that it represents and the groups that it does not. The study of these representations as being in opposition to each other in the way of ‘in’ and ‘out’ groups to understand the ways in which culture and cinema receive minorities, and for this paper, the Indian Christian identity in India. Mainstream cinema or Bollywood helps in the translation of in and out groups into the ‘othering’ of religious minorities (Brons, 2015) while also presenting and confirming the already existing ideas of the identity of minorities. This paper looks to identify the importance of alternative cinema, in this case regional Malayalam Cinema, for minorities that have been marginalised by the media and their role in the repairing the self-image of these minorities. The intrinsic binary between the alternative and mainstream cinema here are representative of the power and lack thereof for these minorities in terms of their social and self-perception.This paper goes a step further by not just looking at Indian Christians as a homogeneous whole but also determining the difference in portrayal and representation of the different denominations of the Indian Christian community. Therefore, this paper attempts to explain the reasons for the invisibility of Indian Christian representation or its ‘other-ing’ in mainstream film while also understanding the binary in the internal cultural dynamics within the Christian population through the lens of popular culture and regional or alternative cinema.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140795980","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}
Pub Date : 2024-04-01DOI: 10.1163/15718115-bja10158
Natalie Baird
Major human rights violations are experienced by the people of West Papua, the easternmost part of Indonesia, on an almost daily basis. Some commentators even describe the situation as a ‘slow genocide.’ Yet the plight of the people of West Papua has been almost invisible at the international level. Few states have championed the cause of the West Papuans directly with Indonesia, and international human rights monitoring bodies have largely failed to hold Indonesia to account for the atrocities committed in West Papua. This article examines the actions of the United Nations Human Rights Council on West Papua, focusing on the extent to which the West Papua situation has been addressed during the four cycles of Indonesia’s universal periodic review. Across the four cycles of the universal periodic review, only a small number of states have made a small number of recommendations to Indonesia on the West Papua situation. Encouragingly, the most recent review of Indonesia in 2022 appears to reflect growing internationalisation of the West Papua issue. However, the wider context of claims for self-determination and independence in West Papua, and the gravity of the human rights violations, appears to shackle the upr mechanism such that it fails to fully engage with the human rights challenges in West Papua. For the people of West Papua, this failure is perilous.
{"title":"The Universal Periodic Review and West Papua: Beyond Invisibility?","authors":"Natalie Baird","doi":"10.1163/15718115-bja10158","DOIUrl":"https://doi.org/10.1163/15718115-bja10158","url":null,"abstract":"\u0000Major human rights violations are experienced by the people of West Papua, the easternmost part of Indonesia, on an almost daily basis. Some commentators even describe the situation as a ‘slow genocide.’ Yet the plight of the people of West Papua has been almost invisible at the international level. Few states have championed the cause of the West Papuans directly with Indonesia, and international human rights monitoring bodies have largely failed to hold Indonesia to account for the atrocities committed in West Papua. This article examines the actions of the United Nations Human Rights Council on West Papua, focusing on the extent to which the West Papua situation has been addressed during the four cycles of Indonesia’s universal periodic review. Across the four cycles of the universal periodic review, only a small number of states have made a small number of recommendations to Indonesia on the West Papua situation. Encouragingly, the most recent review of Indonesia in 2022 appears to reflect growing internationalisation of the West Papua issue. However, the wider context of claims for self-determination and independence in West Papua, and the gravity of the human rights violations, appears to shackle the upr mechanism such that it fails to fully engage with the human rights challenges in West Papua. For the people of West Papua, this failure is perilous.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140778337","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}
Pub Date : 2024-03-05DOI: 10.1163/15718115-bja10155
Radu Carp
The article deals with the situation of national minorities living in the Odesa oblast and in the town of Odesa with the main focus before the Russian war against Ukraine started on 24 of February 2022 but using also the relevant events happened afterwards. It explains what are the historical reasons that made Odesa a region so diverse from the national identity perspective, with a lot of national minorities living here from centuries. Although there are a significant number of studies on the issue of the national minorities in this region, none of them captured, so far, the complex relationship of Ukraine with the kin-states – Romania, Bulgaria and in some extent Turkey. The number of idp s in Ukraine was already high before the war started, with an important impact on the relationship of the Ukrainian majority with the national minorities and it will certainly be much higher after the war. The article takes into account this situation particularly for the Odesa oblast. The article examines how the institutions and the religious actors have influenced this relationship but how the war will shape it remains an open question. The article offers a perspective on the 2017 Ukrainian law in education, how it was applied until 24 of February 2022 and also on the 2022 Law on minorities, in order to find an answer to the question why a new framework for the national minorities in Ukraine after the end of the war is very important.
{"title":"National Minorities in the Odesa Oblast – Applying the European Model to Ensure Peaceful Coexistence","authors":"Radu Carp","doi":"10.1163/15718115-bja10155","DOIUrl":"https://doi.org/10.1163/15718115-bja10155","url":null,"abstract":"\u0000The article deals with the situation of national minorities living in the Odesa oblast and in the town of Odesa with the main focus before the Russian war against Ukraine started on 24 of February 2022 but using also the relevant events happened afterwards. It explains what are the historical reasons that made Odesa a region so diverse from the national identity perspective, with a lot of national minorities living here from centuries. Although there are a significant number of studies on the issue of the national minorities in this region, none of them captured, so far, the complex relationship of Ukraine with the kin-states – Romania, Bulgaria and in some extent Turkey. The number of idp s in Ukraine was already high before the war started, with an important impact on the relationship of the Ukrainian majority with the national minorities and it will certainly be much higher after the war. The article takes into account this situation particularly for the Odesa oblast. The article examines how the institutions and the religious actors have influenced this relationship but how the war will shape it remains an open question. The article offers a perspective on the 2017 Ukrainian law in education, how it was applied until 24 of February 2022 and also on the 2022 Law on minorities, in order to find an answer to the question why a new framework for the national minorities in Ukraine after the end of the war is very important.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140265466","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}
Pub Date : 2024-02-27DOI: 10.1163/15718115-bja10153
Laurence Klein, M. Muñoz-Torres, M. A. Fernández-Izquierdo
Free, Prior, and Informed Consent (fpic) is crucial for the exercise of indigenous peoples’ right to self-determination, a binding human rights norm, as it provides them with the opportunity to determine how their lands and resources are developed. While numerous companies have committed to respecting fpic in their corporate policies, there continues to be a huge disconnect between public rhetoric and actions on the ground, and indigenous peoples generally struggle to have a meaningful voice in decision-making processes that concern them. Even if the United Nations Guiding Principles on Business and Human Rights (ungp, 2011) have compelled companies to gain ground with regards to their responsibility to respect human rights, the ‘do-no-harm’ principle does not require them to take positive actions towards fulfilling human rights. This approach is inconsistent with the moral foundation of human rights, which implies duties, and does not account for the substantial economic and political power that increases companies’ potential as guarantors of human rights. Based on the normative and moral legitimacy sustaining the narrative on corporate human rights obligations and the political, moral and legal imperative behind fpic, this article asserts that companies have a normative obligation to observe fpic, which they ought to operationalise in the context of heightened requirements regarding their human rights due diligence.
{"title":"Free, Prior, and Informed Consent","authors":"Laurence Klein, M. Muñoz-Torres, M. A. Fernández-Izquierdo","doi":"10.1163/15718115-bja10153","DOIUrl":"https://doi.org/10.1163/15718115-bja10153","url":null,"abstract":"\u0000Free, Prior, and Informed Consent (fpic) is crucial for the exercise of indigenous peoples’ right to self-determination, a binding human rights norm, as it provides them with the opportunity to determine how their lands and resources are developed. While numerous companies have committed to respecting fpic in their corporate policies, there continues to be a huge disconnect between public rhetoric and actions on the ground, and indigenous peoples generally struggle to have a meaningful voice in decision-making processes that concern them. Even if the United Nations Guiding Principles on Business and Human Rights (ungp, 2011) have compelled companies to gain ground with regards to their responsibility to respect human rights, the ‘do-no-harm’ principle does not require them to take positive actions towards fulfilling human rights. This approach is inconsistent with the moral foundation of human rights, which implies duties, and does not account for the substantial economic and political power that increases companies’ potential as guarantors of human rights. Based on the normative and moral legitimacy sustaining the narrative on corporate human rights obligations and the political, moral and legal imperative behind fpic, this article asserts that companies have a normative obligation to observe fpic, which they ought to operationalise in the context of heightened requirements regarding their human rights due diligence.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140424148","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}
Pub Date : 2024-02-27DOI: 10.1163/15718115-bja10152
F. Wiryani, Febriansyah Ramadhan, M. Najih
One of the challenges during the democratic transition from the New Order regime to the Reformasi era was advancing the idea of an agrarian transition to reconcile structural inequalities regarding land ownership. However, this transition was unfortunately not accompanied by a rearrangement of land ownership to allow the practice of land-grabbing inherited from the New Order regime to persist in contemporary Indonesia. This article examines the reasons behind the failure of the agrarian transition in Indonesia, by focusing on case studies in Tegalrejo Village, Malang Regency and the Pamona indigenous peoples, Poso Regency. We argue that the modus operandi of land-grabbing practices is highly dependent on state power and weak protection of communal land rights. By explaining these two factors, this article provides recommendations to strengthen the community’s position in dealing with land-grabbing practices by limiting the power of the state and encouraging land reform aimed at securing community land rights.
{"title":"Indigenous People’s Land Rights in Post-Soeharto Indonesia","authors":"F. Wiryani, Febriansyah Ramadhan, M. Najih","doi":"10.1163/15718115-bja10152","DOIUrl":"https://doi.org/10.1163/15718115-bja10152","url":null,"abstract":"\u0000One of the challenges during the democratic transition from the New Order regime to the Reformasi era was advancing the idea of an agrarian transition to reconcile structural inequalities regarding land ownership. However, this transition was unfortunately not accompanied by a rearrangement of land ownership to allow the practice of land-grabbing inherited from the New Order regime to persist in contemporary Indonesia. This article examines the reasons behind the failure of the agrarian transition in Indonesia, by focusing on case studies in Tegalrejo Village, Malang Regency and the Pamona indigenous peoples, Poso Regency. We argue that the modus operandi of land-grabbing practices is highly dependent on state power and weak protection of communal land rights. By explaining these two factors, this article provides recommendations to strengthen the community’s position in dealing with land-grabbing practices by limiting the power of the state and encouraging land reform aimed at securing community land rights.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140426717","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}
Pub Date : 2024-02-27DOI: 10.1163/15718115-bja10154
M. Adigun, P. Oniemola, Deborah D. Adeyemo
There have been different ethnic political struggles calling for self-determination through secession in Nigeria since independence. There have also been calls for ‘restructuring’ the Nigerian federation to achieve what is called ‘true federalism’ believing that it is the only panacea for each ethnic group to achieve relative independence and self-determination within Nigeria. In addition, the question of control over natural resources has been a major issue in claims for self-determination. This article examines the legal issues involved in these self-determination demands in Nigeria. It finds that self-determination started as a moral or political concept before it developed into a legal concept under international law. Under international law, self-determination has emerged as external self-determination, internal self-determination, self-determination as indigenous autonomy, self-determination as a right against intervention and economic self-determination. It has also manifested in the same form in constitutional law. Against the backdrop of these findings, it is argued that self-determination demands assume three different legal forms in Nigeria manifesting as the right to external self-determination, the right to internal self-determination and the right to economic self-determination. It is further argued that there is no right to external self-determination or secession in Nigeria. In addition, it is argued that internal self-determination manifests as the right against discrimination on ethnic grounds in Nigeria and that it constitutes a fundamental right. Lastly, it is argued that the right to economic self-determination does not exist in Nigeria as natural resources are vested in the government while the interests of the people are undermined.
{"title":"Legal Issues in the Demands for Self-Determination in Nigeria","authors":"M. Adigun, P. Oniemola, Deborah D. Adeyemo","doi":"10.1163/15718115-bja10154","DOIUrl":"https://doi.org/10.1163/15718115-bja10154","url":null,"abstract":"\u0000There have been different ethnic political struggles calling for self-determination through secession in Nigeria since independence. There have also been calls for ‘restructuring’ the Nigerian federation to achieve what is called ‘true federalism’ believing that it is the only panacea for each ethnic group to achieve relative independence and self-determination within Nigeria. In addition, the question of control over natural resources has been a major issue in claims for self-determination. This article examines the legal issues involved in these self-determination demands in Nigeria. It finds that self-determination started as a moral or political concept before it developed into a legal concept under international law. Under international law, self-determination has emerged as external self-determination, internal self-determination, self-determination as indigenous autonomy, self-determination as a right against intervention and economic self-determination. It has also manifested in the same form in constitutional law. Against the backdrop of these findings, it is argued that self-determination demands assume three different legal forms in Nigeria manifesting as the right to external self-determination, the right to internal self-determination and the right to economic self-determination. It is further argued that there is no right to external self-determination or secession in Nigeria. In addition, it is argued that internal self-determination manifests as the right against discrimination on ethnic grounds in Nigeria and that it constitutes a fundamental right. Lastly, it is argued that the right to economic self-determination does not exist in Nigeria as natural resources are vested in the government while the interests of the people are undermined.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140427332","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}
Pub Date : 2024-02-12DOI: 10.1163/15718115-bja10148
Manoj Kumar Sinha
The Indian Constitution recognises and accommodates the social and legal diversity of the country. It is interesting to note that it leaves the family outside the discipline of Fundamental Rights. Unlike many other Constitutions, neither does it contain a Fundamental Right to family nor does it disturb it by bringing the personal laws within the domain of law. The term Uniform Civil Code implies that it is applicable to all as a general rule and many support this view. Personal laws are an integral part of religion and, therefore, the enactment of Civil Code is an interference with religion. The vast majority of Muslim in India adheres to this view that the Uniform Civil Code would interfere in the personal law. The present paper aims to examine the feasibility of the implementation of Uniform Civil Code in India in the context of the recent push by the government of India. Recognising the interplay between the fundamental rights and the constitutional directives in the context of the debate around Uniform Civil Code, the paper also outlines in brief Part iii and Part iv of the Constitution and their relationships.
{"title":"Deciphering the Constitutional Directive of the Uniform Civil Code/Resolving the ucc Dilemma","authors":"Manoj Kumar Sinha","doi":"10.1163/15718115-bja10148","DOIUrl":"https://doi.org/10.1163/15718115-bja10148","url":null,"abstract":"\u0000The Indian Constitution recognises and accommodates the social and legal diversity of the country. It is interesting to note that it leaves the family outside the discipline of Fundamental Rights. Unlike many other Constitutions, neither does it contain a Fundamental Right to family nor does it disturb it by bringing the personal laws within the domain of law. The term Uniform Civil Code implies that it is applicable to all as a general rule and many support this view. Personal laws are an integral part of religion and, therefore, the enactment of Civil Code is an interference with religion. The vast majority of Muslim in India adheres to this view that the Uniform Civil Code would interfere in the personal law. The present paper aims to examine the feasibility of the implementation of Uniform Civil Code in India in the context of the recent push by the government of India. Recognising the interplay between the fundamental rights and the constitutional directives in the context of the debate around Uniform Civil Code, the paper also outlines in brief Part iii and Part iv of the Constitution and their relationships.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139782945","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}
Pub Date : 2024-02-12DOI: 10.1163/15718115-bja10148
Manoj Kumar Sinha
The Indian Constitution recognises and accommodates the social and legal diversity of the country. It is interesting to note that it leaves the family outside the discipline of Fundamental Rights. Unlike many other Constitutions, neither does it contain a Fundamental Right to family nor does it disturb it by bringing the personal laws within the domain of law. The term Uniform Civil Code implies that it is applicable to all as a general rule and many support this view. Personal laws are an integral part of religion and, therefore, the enactment of Civil Code is an interference with religion. The vast majority of Muslim in India adheres to this view that the Uniform Civil Code would interfere in the personal law. The present paper aims to examine the feasibility of the implementation of Uniform Civil Code in India in the context of the recent push by the government of India. Recognising the interplay between the fundamental rights and the constitutional directives in the context of the debate around Uniform Civil Code, the paper also outlines in brief Part iii and Part iv of the Constitution and their relationships.
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