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Consultations on the System of Indigenous and Afromexican Communal Security and the Right to be Consulted in Mexico 关于墨西哥土著和非洲裔墨西哥人社区安全制度和咨询权的磋商会
IF 0.7 Q3 LAW Pub Date : 2024-01-03 DOI: 10.1163/15718115-bja10132
Alexander Stachurski
The right to be consulted is a legal institution that originated in 1989 in the United Nations Convention 169, requiring states to conduct a consultation process of Indigenous peoples and communities on issues potentially impacting them. The Mexican state has subsequently implemented the right to be consulted in its legal system. The consultation processes were often riddled with inconsistencies and the violation of the rights of Indigenous communities and peoples. In this paper I analysed the case study of the consultation process in Guerrero, by researching press articles, engaging in participant observation and conducting interviews. I looked for similarities between the Guerrero consultations and past consultations in Juchitán, Sonora, and Campeche. I identified several violations and manipulations consistent with the history of the right to be consulted. In the last part of the article, I compared the proposed acts and established their potential impact on security in Guerrero.
被咨询权是一项法律制度,起源于 1989 年的《联合国第 169 号公约》,要求各 国就可能影响土著人民和社区的问题与他们进行协商。墨西哥州随后在其法律制度中落实了协商权。磋商过程中经常出现不一致和侵犯土著社区和人民权利的情况。在本文中,我通过研究新闻报道、参与观察和进行访谈,分析了格雷罗州协商进程的案例研究。我在格雷罗州的磋商与过去在胡希坦、索诺拉和坎佩切州的磋商之间寻找相似之处。我发现了一些与协商权历史相一致的侵权和操纵行为。在文章的最后一部分,我对拟议的法案进行了比较,并确定了它们对格雷罗州安全的潜在影响。
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引用次数: 0
Development as Structural Violence in Ethiopia 发展是埃塞俄比亚的结构性暴力
IF 0.7 Q3 LAW Pub Date : 2023-11-30 DOI: 10.1163/15718115-bja10141
Binayew Tamrat Getahun
Development should not be done in a way that endangers the environment, human life, or non-human life that depends on it. However, in Ethiopia, economic development was carried out with little or no concern for the environment or indigenous and minority groups whose livelihoods directly depended on natural resources. Based on an examination of primary and secondary sources through the lens of structural violence theory, this article argues that Ethiopia’s economic growth was not equitable and happened at the expense of the country’s natural resources. Using the Negede Woyto of Lake Tana as a case study, this paper investigated how economic development projects in Ethiopia impacted minority communities. The conclusion reached was that the eprdf-led government actively worked to inflict structural violence on minority groups in the Lake Tana region, using sustainable economic development as a justification.
发展不应危及环境、人类生命或依赖于环境的非人类生命。然而,在埃塞俄比亚,经济发展很少或根本没有考虑到环境或直接依赖自然资源为生的土著和少数民族群体。本文以结构暴力理论为视角,通过对原始资料和二手资料的研究,认为埃塞俄比亚的经济增长是不公平的,是以牺牲该国的自然资源为代价的。本文以塔纳湖的 Negede Woyto 为案例,调查了埃塞俄比亚的经济发展项目如何影响少数民族社区。得出的结论是,埃塞俄比亚政府以可持续经济发展为借口,积极致力于对塔纳湖地区的少数民族群体实施结构性暴力。
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引用次数: 0
Work-related Alcohol Use 与工作有关的饮酒
IF 0.7 Q3 LAW Pub Date : 2023-11-20 DOI: 10.1163/15718115-bja10139
Torleif Halkjelsvik, Inger Synnøve Moan
Drinking alcohol with co-workers is a common practice in many countries. However, because consumption of alcohol is socially unaccepted in several religious groups, the use of alcohol in an occupational context may be discriminatory and have negative side-effects. In annual surveys of part- and fulltime employees in Norway conducted between 2015 and 2022, we found that employees affiliated with religious minorities more often experienced social exclusion due to work-related alcohol use than non-religious employees and the religious majority. Experiencing alcohol-related social exclusion was related to more negative perceptions of the social work environment and more absence from work. Restrictive alcohol practices and policies at the workplace were associated with less social exclusion and appeared to be protective for religious minorities, without impairing the social work environment of other employees. Social exclusion of religious minorities can be reduced if employers limit or avoid serving alcohol to employees.
在许多国家,与同事一起饮酒是一种常见的做法。然而,由于一些宗教团体不接受饮酒,因此在职业环境中饮酒可能会造成歧视并产生负面影响。在2015年至2022年期间对挪威兼职和全职雇员进行的年度调查中,我们发现,与非宗教雇员和宗教多数派相比,宗教少数派雇员更常因工作中饮酒而遭受社会排斥。经历与酒精有关的社会排斥与对社会工作环境的负面看法和缺勤次数有关。工作场所限制饮酒的做法和政策与较少的社会排斥有关,似乎对宗教少数群体具有保护作用,而不会损害其他员工的社会工作环境。如果雇主限制或避免向员工提供酒精饮料,就可以减少对宗教少数群体的社会排斥。
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引用次数: 0
Language Dynamics and their Influence in Zambia’s Political Discourse 赞比亚政治话语中的语言动态及其影响
IF 0.7 Q3 LAW Pub Date : 2023-11-16 DOI: 10.1163/15718115-bja10140
Nsama Jonathan Simuziya
Purpose – A world with an increasing number of questions needs people willing to contribute solutions. The fulcrum of this study is centred on assessing the language dynamics and impact of the English language hegemony over local languages in the social, political, and economic life of the Zambian population. The study gleans on the implications of English hegemony and its concomitant colonial undertones and effects particularly on marginalised groups. Notably, the study provides a critical and reflexive development study analysis that eschews the norm: this approach – leaning towards the developmental interests of indigenous and local constellations – enables a rethink of who really benefits from language policies and politics, allowing for a repositioning of who in fact the language development paradigm is for. Method of Enquiry/Design – Data were collected through an analysis of both latent and extant literature derived from a variety of scholarly sources on language dynamics and imperial notions associated with domineering languages. This approach of navigating through a juxtaposed pool of scholarly works provided a confluence of propositions that informed the study’s inferences, particularly by highlighting the subtleties embedded in the English language hegemony. Most significantly, the themes are also informed by this author’s own personal field anthropological observations; having been born and grown up in Zambia under this same hegemonic English language environment. Findings – The study finds that language regimes that put English above local languages (as is the case in Zambia) have enormous ramifications on the education and emancipatory objectives of locals, especially the marginalised groups. For instance, women are burdened in the sense that they must – in addition to the confronts associated with the imposition of the English language – also struggle to navigate the already challenging patriarchy terrains that are rooted in the Zambian cultural and political settings. Imposing additional inequalities makes the attainment of societal development goals a tall order to achieve. The study concludes that to redress this situation, the local educational curriculum needs to be re-designed and aligned to respond to the aspirations and context of local constellational demands. Also, Black consciousness as an ideology framed in liberation philosophy needs to be re-energised as a pathway towards a society free from systematic foreign oppression; this is the only way that sustainable development could be attained in Zambia. Originality/Value – The study exposes the prevalent fallacy – especially by Western institutions – that Zambians willingly seek out to learn the English language: To the contrary, the choice and acquisition of the English language is often a result of coercive circumstances. In contemporary Zambia, the English language is – to a greater extent – a means to an end; a means for survival in the modern environments that priori
目的--世界上的问题越来越多,需要有人愿意贡献解决方案。本研究的核心是评估赞比亚人口的社会、政治和经济生活中的语言动态以及英语霸权对当地语言的影响。本研究收集了英语霸权的影响及其随之而来的殖民色彩和影响,尤其是对边缘化群体的影响。值得注意的是,本研究提供了一种批判性和反思性的发展研究分析,摒弃了常规:这种方法--倾向于土著和地方群体的发展利益--能够重新思考谁真正从语言政策和政治中获益,从而重新定位语言发展范式的真正对象。调查方法/设计--通过分析各种学术资料中关于语言动态和与霸权语言相关的帝国观念的潜在和现存文献来收集数据。这种通过并列的学术著作库进行导航的方法,为研究的推论提供了各种命题,特别是通过强调英语霸权中蕴含的微妙之处。最重要的是,这些主题还参考了作者个人的实地人类学观察;作者出生在赞比亚,并在同样的英语霸权环境下长大。研究结果--研究发现,将英语置于当地语言之上的语言制度(赞比亚的情况就是如此)对当地人,尤其是边缘化群体的教育和解放目标产生了巨大影响。例如,妇女的负担很重,因为她们除了要面对强加给她们的英语之外,还必须在根植于赞比亚文化和政治环境中、已经充满挑战的父权制领域中艰难前行。额外的不平等使得社会发展目标的实现变得困难重重。研究得出的结论是,为了纠正这种情况,需要重新设计和调整当地的教育课程,以满足当地人的愿望和需求。此外,黑人意识作为一种以解放哲学为框架的意识形态,需要重新注入活力,作为实现社会摆脱系统性外来压迫的途径;这是赞比亚实现可持续发展的唯一途径。原创性/价值--本研究揭露了赞比亚人自愿学习英语的普遍谬论,尤其是西方机构的谬论:恰恰相反,选择和学习英语往往是被迫的结果。在当代赞比亚,英语在更大程度上是达到目的的一种手段;是在现代环境中生存的一种手段,这种环境将英语置于任何地方语言或地方技能之上。在赞比亚,技能或智力的标准只能通过英语能力的棱镜来看待。当地的举措和技能被视为原始、落后和多余,因而受到鄙视。英语和 "白人 "被视为 "衡量好坏的标准"。事实上,许多白领都以在公共场合说当地语言为耻。因此,在这种情况下,英语在赞比亚并不是奢侈品,而是一种方便的必需品,使当地人能够在当代生活的其他重要途径上游刃有余。这项研究还揭示了这样一个事实,即英语霸权带来了种族身份扭曲的因素,特别是在人们如何获得其文化权利方面。此外,英语远非一种中立的语言--事实上,它有助于巩固新帝国主义的倾向,如歧视、排斥、微妙地促进经济不平等和教育精英主义。
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引用次数: 0
International Human Rights and the Plight of Rohingya in Myanmar 国际人权与缅甸罗兴亚人的困境
Q3 LAW Pub Date : 2023-11-01 DOI: 10.1163/15718115-bja10131
Rohina Khan, Zafar Abbas, Syed Fakharuddin Shah, Muhammad Zubair Khan
Abstract There are probably no nations in the world today that do not have minority groups. Wherever nation-states exist, ethnic diversity is a pervasive aspect of their life. Myanmar is one of the most ethnically diverse states in Asia. The Rohingya’s existence is a historical fact in Myanmar, but their ethnic minority status is not acknowledged. Rohingya Muslims are facing identity and citizenship problems along with severe international human rights violations. More than 0.7 million Rohingya Muslims are living in Bangladesh as world’s biggest refugee population. The Rohingya gradually lost their identity and eventually became stateless under Myanmar’s domestic legal framework. A large number of them are disenfranchised from exercising their basic human rights. It is argued that not only are their human rights seriously compromised in their present condition of statelessness, but they could still face genocide, ethnic cleansing, and crimes against humanity. The article concludes by emphasizing the responsibility to protect Rohingya Muslims from atrocities, including addressing their statelessness and lack of citizenship. Further research and advocacy are needed to ensure that the human rights of the Rohingya are protected and that they have access to citizenship and legal identity.
当今世界上可能没有一个国家没有少数民族。在民族国家存在的地方,种族多样性是其生活的一个普遍方面。缅甸是亚洲民族最多样化的国家之一。罗兴亚人的存在是缅甸的历史事实,但他们的少数民族地位并未得到承认。罗兴亚穆斯林面临着身份和公民问题以及严重的国际人权侵犯。超过70万罗兴亚穆斯林生活在孟加拉国,成为世界上最大的难民人口。罗兴亚人逐渐失去了自己的身份,最终在缅甸国内法律框架下成为无国籍人。他们中的许多人被剥夺了行使基本人权的权利。有人认为,在目前无国籍状态下,他们的人权不仅受到严重损害,而且还可能面临种族灭绝、种族清洗和危害人类罪。文章最后强调了保护罗兴亚穆斯林免受暴行的责任,包括解决他们的无国籍状态和缺乏公民身份的问题。需要进一步的研究和宣传,以确保罗兴亚人的人权得到保护,并确保他们能够获得公民身份和法律身份。
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引用次数: 0
Neither Israelisation nor Zionisation 既不是以色列化,也不是犹太化
Q3 LAW Pub Date : 2023-10-27 DOI: 10.1163/15718115-bja10130
Yusri Hazran
Abstract For decades, the Druze community on the Golan Heights has waged a political struggle against Israeli sovereignty over the Golan, demonstrating its loyalty to Syria by refusing to accept Israeli citizenship, ostracizing (religiously and socially) anyone who does so, vetoing service in the idf , not teaching Hebrew in schools, celebrating Syrian national holidays, attending Syrian universities, etc. In the wake of the outbreak of the popular uprising in Syria in 2011, however, it has begun showing clear signs of cracks, most prominently amongst the younger generation. Due first and foremost to utilitarian factors. Characterised by a utilitarian wish to integrate into Israeli economy and society, this trend finds various expressions. Firstly, the number of Druze seeking Israeli citizenship has risen, albeit not dramatically, a clear correlation existing between this fact and the decline of the Ba’ath regime. Secondly, and at the same time, more young adults have begun applying to Israeli universities, the decade between 2011 and 2021 witnessing a significant rise in the number of Golan Druze students studying therein. Thirdly, in continuation of the same trend, the members of the Golan Druze community also began adopting an economic-focused orientation—which Israel met by launching an ambitious plan in 2014 for developing the 1052 Druze settlements in the Golan.
几十年来,戈兰高地上的德鲁兹社区发起了一场反对以色列对戈兰主权的政治斗争,通过拒绝接受以色列公民身份,(在宗教和社会上)排斥任何这样做的人,否决在以色列国防军服役,不在学校教授希伯来语,庆祝叙利亚的国家节日,进入叙利亚的大学等方式表明其对叙利亚的忠诚。然而,在2011年叙利亚爆发民众起义之后,它开始显示出明显的裂缝迹象,最明显的是在年轻一代中。首先是功利的因素。这一趋势的特点是融入以色列经济和社会的功利主义愿望,表现形式多种多样。首先,寻求以色列公民身份的德鲁兹人的数量有所增加,尽管不是很大,但这一事实与复兴党政权的衰落之间存在明显的相关性。其次,与此同时,越来越多的年轻人开始申请以色列大学,从2011年到2021年的十年间,戈兰德鲁兹学生在以色列大学学习的人数显著增加。第三,延续同样的趋势,戈兰德鲁兹社区的成员也开始采取以经济为重点的方向——以色列在2014年启动了一项雄心勃勃的计划,发展戈兰1052个德鲁兹定居点。
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引用次数: 0
Structural Violence Over Minorities in Ethiopia 埃塞俄比亚针对少数民族的结构性暴力
Q3 LAW Pub Date : 2023-10-20 DOI: 10.1163/15718115-bja10129
Awol Ali Mohammed, Akalewold Fedilu Mohammed
Abstract This article explores structural violence over Manja minority groups of Mareka Woreda in Dawuro Zone, snnprs , because structural violence over Manja minority group in the study area has been hurting intrinsically and in a systemic way. The article mainly stresses on the forms and actors of structural violence over Manja. Thus, the study employed qualitative research approach and descriptive research design. Both primary and secondary data were used to conduct this research successfully. The study finding indicated that the Manja minority groups have been endangered with structural violence throughout their lives in the study area. The structural violence is committed in different forms which include social alienation, economic exploitation, political oppression, cultural domination and religious discrimination which in turn results serious psychological impacts over Manja minority groups. Structural violence against Manja minority groups is committed by individuals, groups and institutions among the community in a systemic and indirect way. Though there is some improvement in social, economic, religious and political lives of Manja over time still things continued as they are and need more work.
摘要本文探讨了新疆达乌罗地区Mareka worreda族曼贾族(Manja)的结构性暴力,因为研究区曼贾族(Manja)的结构性暴力是一种内在的、系统性的伤害。本文主要探讨了曼加地区结构性暴力的形式和行为主体。因此,本研究采用定性研究方法和描述性研究设计。本研究成功地使用了一手和二手数据。研究结果表明,Manja少数群体在研究地区的整个生活中都受到结构性暴力的威胁。结构性暴力以不同的形式发生,包括社会异化、经济剥削、政治压迫、文化统治和宗教歧视,这反过来对曼尼亚少数群体造成严重的心理影响。针对曼贾少数群体的结构性暴力是由社区中的个人、团体和机构以系统和间接的方式实施的。尽管随着时间的推移,Manja的社会、经济、宗教和政治生活有所改善,但事情仍在继续,需要更多的工作。
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引用次数: 0
For Centenary of the Lausanne Treaty 纪念《洛桑条约》一百周年
Q3 LAW Pub Date : 2023-10-19 DOI: 10.1163/15718115-bja10134
Olgun Akbulut
Abstract The Treaty of Lausanne was signed on 24th July 1923 as a peace treaty that ended the first world war for Turkey and the allied powers. In a section entitled “protection of minorities”, it provides rights for minorities. However, the beneficiaries of minority rights in Lausanne are more narrow than those provided in other treaties and declarations of the time. With a legal basis in domestic law, Turkey traditionally applied the rights provided in the Lausanne Treaty only for three so-called non-Muslim groups, i.e. Greeks, Armenians and Jews. Neither the Turkish delegation nor the members of the allied forces’ delegations could foresee that some members of the Muslim groups of 1923 might quit Islam in the future and recourse to Lausanne rights as new beneficiaries. This article, by referring to preparatory works of the Treaty, examining its legal validity internationally and nationally, and applying interpretative principles of international treaties, argues for the extension of Lausanne rights to other groups via re-interpretation and re-implementation.
《洛桑条约》签署于1923年7月24日,是土耳其及其盟国结束第一次世界大战的和平条约。在题为“保护少数人”的一节中,它规定了少数人的权利。但是,洛桑少数民族权利的受益者比当时其他条约和宣言所规定的范围更窄。在国内法的法律基础上,土耳其传统上只对三个所谓的非穆斯林群体,即希腊人、亚美尼亚人和犹太人适用《洛桑条约》规定的权利。土耳其代表团和盟军代表团的成员都没有预见到1923年的穆斯林团体的一些成员将来可能退出伊斯兰教,并作为新的受益者诉诸洛桑权利。本文通过参考《条约》的筹备工作,审查其在国际和国内的法律效力,并适用国际条约的解释性原则,主张通过重新解释和重新执行将《洛桑条约》的权利扩大到其他群体。
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引用次数: 0
Resolving Conflict and Building Peace Through Re-Thinking Community Relationship 重新思考社区关系,化解冲突,构建和平
Q3 LAW Pub Date : 2023-10-19 DOI: 10.1163/15718115-bja10135
Sisay Tamrat Ayalew, Degwale Gebeyehu Belay
Abstract This study aims at appraising the nature of two major community relationships (I-Thou and I-It) in Ethiopia and analyse how these types of relationships play a corresponding role in resolving or exacerbating conflict and building/deteriorating peace. This study adopted an exploratory research design and primary data is collected from different social and mainstream media. The I-Thou relationship is a genuine societal relationship that led to a genuine dialogue between groups, which, in turn, creates mutual understanding, enrichment, reciprocity, and enlightenment. The I-It relationship, on the other hand, is characterised by mutual suspicion, prejudice, misunderstanding, wearing masks, and keeping secrets where there is no genuine dialogue. The study explores that the type of relationship that best characterise the Ethiopian society is mainly the I-It relationship. Since the society is polarised mainly based on ethnic and linguistic lines, the relationship has resulted in conflict, mass killing, displacement, and gross human right violations.
本研究旨在评估埃塞俄比亚两种主要社区关系(I-Thou和I-It)的性质,并分析这些类型的关系如何在解决或加剧冲突和建立/恶化和平方面发挥相应的作用。本研究采用探索性研究设计,主要数据来自不同的社会媒体和主流媒体。I-Thou关系是一种真正的社会关系,它导致群体之间的真正对话,从而创造相互理解、丰富、互惠和启蒙。另一方面,I-It关系的特点是相互怀疑,偏见,误解,戴着面具,在没有真正对话的情况下保守秘密。该研究探讨了最能体现埃塞俄比亚社会特征的关系类型主要是I-It关系。由于社会的两极分化主要基于种族和语言界线,这种关系导致了冲突、大规模杀戮、流离失所和严重侵犯人权。
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引用次数: 0
Rural Land Governance and Women Marginalisation in Amhara Regional State 阿姆哈拉地区邦的农村土地治理和妇女边缘化
Q3 LAW Pub Date : 2023-10-19 DOI: 10.1163/15718115-bja10133
Degwale Gebeyehu Belay
Women have international and national rights to use, control, transfer, and inherit rural land. Unless laws and institutions are strong enough, women’s land rights can’t be effectively discharged. Moreover, the different socioeconomic status of women highly affects their land rights. This study has the objective of exploring land acquisition, landholding, and land transfer rights and practical challenges in North Mecha Woreda. The study has applied phenomenological qualitative research design. The findings show that the status of land acquisition, control, inheritance, and use is highly affected by the socioeconomic status of women. Moreover, women’s rights to land inheritance are highly affected due to the culture of male domination. This study recommends that there has to be legal protection to women to fully exercise their land rights to use, control, and transfer. These needs stretching the structure of Women, Children and Social Affairs Office at Kebele level of administration.
妇女拥有使用、控制、转让和继承农村土地的国际和国家权利。除非法律和制度足够强大,否则妇女的土地权利无法得到有效行使。此外,妇女不同的社会经济地位严重影响她们的土地权。本研究旨在探讨中国北部地区土地征收、土地持有、土地流转的权利与现实挑战。本研究采用现象学定性研究设计。研究结果表明,土地的获取、控制、继承和使用状况受到妇女社会经济地位的高度影响。此外,由于男权文化,妇女的土地继承权受到严重影响。这项研究建议,必须有法律保护妇女充分行使其土地使用权、控制权和转让权。这些需要使基贝勒行政一级的妇女、儿童和社会事务厅的结构不堪负荷。
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引用次数: 0
期刊
International Journal on Minority and Group Rights
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