Pub Date : 2022-02-04DOI: 10.1163/15718115-bja10068
Charlotte Renglet
Indigenous peoples are amongst the most affected by climate change. Its effects threaten the very survival of their cultural identity which revolves around a strong connection to their ancestral lands and natural resources. Indigenous peoples have thus played a prominent role in the recent development of international human rights-based climate litigation. Against this background, this paper examines their specific status and legal tools in this regard. It first recalls how they obtained the recognition of their special relationship with their natural environment as well as specific environmental rights under international law, both in specific instruments of protection of indigenous peoples’ rights and under general human rights law. After emphasizing their significant role in advancing environmental protection under international human rights law, the article then enquires whether the recognised environmental component of indigenous peoples’ fundamental rights might allow them to develop stronger substantive legal arguments in human rights-based climate litigation.
{"title":"The Recognition of the Special Relationship of Indigenous Peoples with their Environment under International Law","authors":"Charlotte Renglet","doi":"10.1163/15718115-bja10068","DOIUrl":"https://doi.org/10.1163/15718115-bja10068","url":null,"abstract":"\u0000 Indigenous peoples are amongst the most affected by climate change. Its effects threaten the very survival of their cultural identity which revolves around a strong connection to their ancestral lands and natural resources. Indigenous peoples have thus played a prominent role in the recent development of international human rights-based climate litigation. Against this background, this paper examines their specific status and legal tools in this regard. It first recalls how they obtained the recognition of their special relationship with their natural environment as well as specific environmental rights under international law, both in specific instruments of protection of indigenous peoples’ rights and under general human rights law. After emphasizing their significant role in advancing environmental protection under international human rights law, the article then enquires whether the recognised environmental component of indigenous peoples’ fundamental rights might allow them to develop stronger substantive legal arguments in human rights-based climate litigation.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45965405","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 : 2021-12-30DOI: 10.1163/15718115-29010002
{"title":"International Journal on Minority and Group Rights","authors":"","doi":"10.1163/15718115-29010002","DOIUrl":"https://doi.org/10.1163/15718115-29010002","url":null,"abstract":"","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47255537","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 : 2021-12-29DOI: 10.1163/15718115-bja10066
Mahanam Bhattacharjee Mithun
Bangladesh is currently hosting nearly a million Rohingya refugees from Myanmar and more than half of the refugee population comprises women. In Myanmar, due to the government-imposed securitization and relatively conservative culture, Rohingya women were not able to enjoy their rights and freedom and were mainly confined to their homes. Upon arriving in Bangladesh, they are facing additional challenges. This article aims to find the underlying causes that alienated women from enjoying their rights and whether the life of the Rohingya women has improved or not in Bangladesh. This article shows that, due to the lack of a women-friendly environment inside camps, gender norms and malpractices, breakdown of family ties, and increased number of gender-based violence against women, they are more vulnerable than ever. This paper argued that humanitarian organization and the government should promote gender mainstreaming towards bringing refugee women into the community decision-making process along with raising awareness among the Rohingya community.
{"title":"From Hell to High Water: The Life of Rohingya Refugee Women in Bangladesh","authors":"Mahanam Bhattacharjee Mithun","doi":"10.1163/15718115-bja10066","DOIUrl":"https://doi.org/10.1163/15718115-bja10066","url":null,"abstract":"\u0000Bangladesh is currently hosting nearly a million Rohingya refugees from Myanmar and more than half of the refugee population comprises women. In Myanmar, due to the government-imposed securitization and relatively conservative culture, Rohingya women were not able to enjoy their rights and freedom and were mainly confined to their homes. Upon arriving in Bangladesh, they are facing additional challenges. This article aims to find the underlying causes that alienated women from enjoying their rights and whether the life of the Rohingya women has improved or not in Bangladesh. This article shows that, due to the lack of a women-friendly environment inside camps, gender norms and malpractices, breakdown of family ties, and increased number of gender-based violence against women, they are more vulnerable than ever. This paper argued that humanitarian organization and the government should promote gender mainstreaming towards bringing refugee women into the community decision-making process along with raising awareness among the Rohingya community.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48365855","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 : 2021-12-28DOI: 10.1163/15718115-bja10063
Miguel Camilo Cuba Pinto
The uniquely novel constitutional setting in Bolivia establishes the recognition of indigenous collective rights, indigenous jurisdictions, and indigenous institutions. However, many indigenous groups are uncomfortable with this judicial machinery, which portrays them as vulnerable groups before the legal system. This article highlights the Bolivian indigenous groups’ dissatisfaction and proposes a conceptual framework to address the apparent legal inequality from a socio-legal approach.
{"title":"Bolivian Indigenous Groups’ Legal Agency: What does it Entail?","authors":"Miguel Camilo Cuba Pinto","doi":"10.1163/15718115-bja10063","DOIUrl":"https://doi.org/10.1163/15718115-bja10063","url":null,"abstract":"\u0000The uniquely novel constitutional setting in Bolivia establishes the recognition of indigenous collective rights, indigenous jurisdictions, and indigenous institutions. However, many indigenous groups are uncomfortable with this judicial machinery, which portrays them as vulnerable groups before the legal system. This article highlights the Bolivian indigenous groups’ dissatisfaction and proposes a conceptual framework to address the apparent legal inequality from a socio-legal approach.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42359384","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 : 2021-12-20DOI: 10.1163/15718115-bja10065
Hafizullah. Emadi
Although Afghanistan is predominantly a Muslim country, the Christian faith has found adherents in the country. Prior to building a church the community gathered in a designated house to practice their faith. After a church was established members of the community, Christian expatriates and members of the diplomatic community attended religious services there. The number of Muslim converts grew over time and each had a mission to convert fellow friends to the faith. Muslim converts were careful not to disclose their faith to anyone unless they had full trust in that person knowing that he will not disclose their identity even if they did not embrace the faith. The situation of the Christian community improved somewhat during the constitutional monarchy (1963–1973) as the 1964 Constitution allowed freedom of expression and of association, etc. The community remained quiet and exercised caution in practicing their faith during the republic an regime (1973–1978). Political repression after the establishment of the pro-Soviet regime in April 1978 and subsequent Soviet invasion (December 1979-February 1989) caused a number of Christians to leave to the safety of Pakistan and India trying to seek asylum to countries in the West. In exile, Muslim converts become active in organizing themselves and propagating the faith through translation of Christian literature to the Persian language and making them available to their fellow countrymen.
{"title":"From Concealment of their Faith to Active Propagation of their Faith: Afghanistan’s Christians and its Diaspora Community","authors":"Hafizullah. Emadi","doi":"10.1163/15718115-bja10065","DOIUrl":"https://doi.org/10.1163/15718115-bja10065","url":null,"abstract":"\u0000Although Afghanistan is predominantly a Muslim country, the Christian faith has found adherents in the country. Prior to building a church the community gathered in a designated house to practice their faith. After a church was established members of the community, Christian expatriates and members of the diplomatic community attended religious services there. The number of Muslim converts grew over time and each had a mission to convert fellow friends to the faith. Muslim converts were careful not to disclose their faith to anyone unless they had full trust in that person knowing that he will not disclose their identity even if they did not embrace the faith. The situation of the Christian community improved somewhat during the constitutional monarchy (1963–1973) as the 1964 Constitution allowed freedom of expression and of association, etc. The community remained quiet and exercised caution in practicing their faith during the republic an regime (1973–1978). Political repression after the establishment of the pro-Soviet regime in April 1978 and subsequent Soviet invasion (December 1979-February 1989) caused a number of Christians to leave to the safety of Pakistan and India trying to seek asylum to countries in the West. In exile, Muslim converts become active in organizing themselves and propagating the faith through translation of Christian literature to the Persian language and making them available to their fellow countrymen.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44180439","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 : 2021-12-20DOI: 10.1163/15718115-bja10062
Vincenzo Tudisco
This article focuses on the role that National Human Rights Institutions play in guaranteeing access to justice for national minorities. Based on the osce hcnm Graz Recommendations on Access to Justice and National Minorities, this study aims at identifying commons issues and good practices by comparing rules and practices concerning minority representation in nhris, nhris’ focus on national minority issues, and nhris’ role in providing access to justice for national minorities. Separate subsections cover collective-groups’ complaints and the relevance of groups during investigations; regional offices; and websites, languages, and online complaints. The conclusion highlights that protecting access to justice for national minorities entails both more ‘focus’ and ‘access’. More focus should be guaranteed by relevant legislation and nhris’ annual reports through separate chapters or sections on minorities. More access includes minority representation in nhris, regional offices, groups’ complaints, multilingual and easy-to-access websites, as well as online tools for complaints.
{"title":"National Human Rights Institutions and Access to Justice for National Minorities in Europe","authors":"Vincenzo Tudisco","doi":"10.1163/15718115-bja10062","DOIUrl":"https://doi.org/10.1163/15718115-bja10062","url":null,"abstract":"\u0000This article focuses on the role that National Human Rights Institutions play in guaranteeing access to justice for national minorities. Based on the osce hcnm Graz Recommendations on Access to Justice and National Minorities, this study aims at identifying commons issues and good practices by comparing rules and practices concerning minority representation in nhris, nhris’ focus on national minority issues, and nhris’ role in providing access to justice for national minorities. Separate subsections cover collective-groups’ complaints and the relevance of groups during investigations; regional offices; and websites, languages, and online complaints. The conclusion highlights that protecting access to justice for national minorities entails both more ‘focus’ and ‘access’. More focus should be guaranteed by relevant legislation and nhris’ annual reports through separate chapters or sections on minorities. More access includes minority representation in nhris, regional offices, groups’ complaints, multilingual and easy-to-access websites, as well as online tools for complaints.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45896963","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 : 2021-11-22DOI: 10.1163/15718115-bja10053
H. M. Haugen
The article reviews trends in international non-binding standards: 1) the equalisation of indigenous peoples and local communities as rights-holders; 2) the strength and weakness of the safeguards approach in the context of redd+; 3) the wide definition of who constitutes stakeholders; and 4) the scope of a due diligence requirement. The article identifies and discusses two approaches: 1) mobilisation, understood as political or legal pressure exerted upon endogenous actors by other endogenous actors, and where international human rights serve as the norm basis for this pressure. 2) control, implying that power asymmetries in relation to external actors are challenged by alliances with human rights organisations and environmental organisations. Both benefit from being embedded in human rights principles: dignity, non-discrimination, rule of law, accountability, transparency, participation and empowerment. Human rights might, however, lead to tensions internally, as these principles can conflict with customary and exclusionary decision-making procedures.
{"title":"Indigenous Peoples and Traditional Local Communities’ Mobilisation to Regain Control: The Role of Human Rights","authors":"H. M. Haugen","doi":"10.1163/15718115-bja10053","DOIUrl":"https://doi.org/10.1163/15718115-bja10053","url":null,"abstract":"\u0000The article reviews trends in international non-binding standards:\u00001) the equalisation of indigenous peoples and local communities as rights-holders;\u00002) the strength and weakness of the safeguards approach in the context of redd+;\u00003) the wide definition of who constitutes stakeholders; and 4) the scope of a due diligence requirement.\u0000The article identifies and discusses two approaches:\u00001) mobilisation, understood as political or legal pressure exerted upon endogenous actors by other endogenous actors, and where international human rights serve as the norm basis for this pressure. 2) control, implying that power asymmetries in relation to external actors are challenged by alliances with human rights organisations and environmental organisations. Both benefit from being embedded in human rights principles: dignity, non-discrimination, rule of law, accountability, transparency, participation and empowerment. Human rights might, however, lead to tensions internally, as these principles can conflict with customary and exclusionary decision-making procedures.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46053412","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 : 2021-11-22DOI: 10.1163/15718115-bja10058
E. H. Nfobin, N. V. Minang
In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..
{"title":"Between Anglophone and Francophone Cameroon","authors":"E. H. Nfobin, N. V. Minang","doi":"10.1163/15718115-bja10058","DOIUrl":"https://doi.org/10.1163/15718115-bja10058","url":null,"abstract":"\u0000In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44726995","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 : 2021-11-19DOI: 10.1163/15718115-bja10060
M. Gruber, A. Marcher
Minority groups are often the subject of studies dealing with sovereignty and European integration. A now also common topic in political science is the rise of populist movements. Scholars study both of these issues extensively, but little research has been done on their nexus. Against this background, this article looks at the current sovereignty discourse in the minority area of South Tyrol. Even though three linguistic groups peacefully co-exist in the Italian province, various calls for dual citizenship have arisen. The possibility of acquiring an Austrian passport became a salient topic, especially since the övp/fpö government of Austria. Using the discourse-historical approach, the authors contextualize medial discourses with social-cultural context information. Results suggest that local media are disseminating a discourse regarding dual citizenship that largely differs from the opinion of the majority of the population, but corresponds to that of the populist actors who seem to fuel the issue.
{"title":"Restoring (Old) Questions of Sovereignty under the Cover of Minority Protection?","authors":"M. Gruber, A. Marcher","doi":"10.1163/15718115-bja10060","DOIUrl":"https://doi.org/10.1163/15718115-bja10060","url":null,"abstract":"\u0000Minority groups are often the subject of studies dealing with sovereignty and European integration. A now also common topic in political science is the rise of populist movements. Scholars study both of these issues extensively, but little research has been done on their nexus. Against this background, this article looks at the current sovereignty discourse in the minority area of South Tyrol. Even though three linguistic groups peacefully co-exist in the Italian province, various calls for dual citizenship have arisen. The possibility of acquiring an Austrian passport became a salient topic, especially since the övp/fpö government of Austria. Using the discourse-historical approach, the authors contextualize medial discourses with social-cultural context information. Results suggest that local media are disseminating a discourse regarding dual citizenship that largely differs from the opinion of the majority of the population, but corresponds to that of the populist actors who seem to fuel the issue.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45411335","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 : 2021-11-15DOI: 10.1163/15718115-bja10061
D. K. Kaul
This article explores how the Supreme Court of India, in applying the judicial doctrine of ‘essential practices’, has embarked on a dangerous exercise of determining whether a particular religious practice is significant enough to warrant constitutional protection under Article 25(1) or not. In tracing a string of judgments, it shows how courts have been guilty of making ill-founded observations about the validity of religious practices, thereby detrimentally affecting religious groups and minorities. Due to this constitutional transgression, the question of ‘what is essentially religious’ turned into the question of ‘what is essential in religion’. The court has neither the right nor the expertise to decide if the religious practice indeed is ‘essential’. State intervention is warranted only based on constitutionally stipulated restrictions of ‘public order’, ‘morality’ and ‘health’. The cardinal rule ought to be of limited state intervention but maximum protection.
{"title":"The ‘Essential Practices’ Doctrine","authors":"D. K. Kaul","doi":"10.1163/15718115-bja10061","DOIUrl":"https://doi.org/10.1163/15718115-bja10061","url":null,"abstract":"\u0000This article explores how the Supreme Court of India, in applying the judicial doctrine of ‘essential practices’, has embarked on a dangerous exercise of determining whether a particular religious practice is significant enough to warrant constitutional protection under Article 25(1) or not. In tracing a string of judgments, it shows how courts have been guilty of making ill-founded observations about the validity of religious practices, thereby detrimentally affecting religious groups and minorities. Due to this constitutional transgression, the question of ‘what is essentially religious’ turned into the question of ‘what is essential in religion’. The court has neither the right nor the expertise to decide if the religious practice indeed is ‘essential’. State intervention is warranted only based on constitutionally stipulated restrictions of ‘public order’, ‘morality’ and ‘health’. The cardinal rule ought to be of limited state intervention but maximum protection.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41913369","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}
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