Pub Date : 2021-10-28DOI: 10.1163/15718115-bja10050
F. Boucher
In this paper, I explore the tensions between multinational federalism and the developmental state in Ethiopia and draw attention on the fiscal and economic dimensions of multinational federalism. In the first section, I explain that the purpose of multinational federalism is to protect minority nations from aggressive, assimilationist and centralizing forms of majoritarian nation-building. As such, multinational federalism only makes sense within a certain context, often associated with Western states containing a clear national majority attempting to assimilate minorities. I explain why authors have argued, albeit within some reservations, that this context obtains in the case of Ethiopia. In the second section, I discuss the fiscal and economic dimensions of minority nationalism accommodation in Western states. In the third section, I explore the contextual differences between Ethiopia and Western plurinational states and explain their relevance for assessing the tension between federalism and development in Ethiopia. I argue that although minority nations in the West rarely enjoy full fiscal autonomy, the prospect for fiscal decentralization in Ethiopia is even more limited and this is not entirely unjustified from a contextualist point of view paying attention to feasibility constraints.
{"title":"Multinational Federalism, Fiscal Relations and Development in Ethiopia","authors":"F. Boucher","doi":"10.1163/15718115-bja10050","DOIUrl":"https://doi.org/10.1163/15718115-bja10050","url":null,"abstract":"\u0000In this paper, I explore the tensions between multinational federalism and the developmental state in Ethiopia and draw attention on the fiscal and economic dimensions of multinational federalism. In the first section, I explain that the purpose of multinational federalism is to protect minority nations from aggressive, assimilationist and centralizing forms of majoritarian nation-building. As such, multinational federalism only makes sense within a certain context, often associated with Western states containing a clear national majority attempting to assimilate minorities. I explain why authors have argued, albeit within some reservations, that this context obtains in the case of Ethiopia. In the second section, I discuss the fiscal and economic dimensions of minority nationalism accommodation in Western states. In the third section, I explore the contextual differences between Ethiopia and Western plurinational states and explain their relevance for assessing the tension between federalism and development in Ethiopia. I argue that although minority nations in the West rarely enjoy full fiscal autonomy, the prospect for fiscal decentralization in Ethiopia is even more limited and this is not entirely unjustified from a contextualist point of view paying attention to feasibility constraints.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42938010","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 : 2021-10-28DOI: 10.1163/15718115-bja10046
Seife Hailu Gebreslassie
This article attempts to answer the question: is Ethiopian federalism sustainable? Once deemed a thought vanguard of building Ethiopia as a new ‘multi-national’ state, existing philosophical and institutional design limitations are increasingly making its sustainability problematic amidst the revival of its rival alternatives-unitarism and secessionism. This article argues for re-inventing the system in the spirit of loose federalism, ensuring its continued relevance to the fast changing political climate in Ethiopia. To this end, it calls for a robust revisit, re-negotiation and redesign of i) distribution of self-rule and shared rule powers, ii) vertical and horizontal inter-governmental relations, and iii) House of Federation of the system. A central challenge is how to secure sufficient political trust between the federal and regional governments and among the regional governments of the federation. This requires a ‘workable platform and rules of the game’ for running a smooth grand elite bargaining process.
{"title":"Ethiopian Federalism: Philosophical and Institutional Design Limitations and a Case for Loose Federalism","authors":"Seife Hailu Gebreslassie","doi":"10.1163/15718115-bja10046","DOIUrl":"https://doi.org/10.1163/15718115-bja10046","url":null,"abstract":"\u0000This article attempts to answer the question: is Ethiopian federalism sustainable? Once deemed a thought vanguard of building Ethiopia as a new ‘multi-national’ state, existing philosophical and institutional design limitations are increasingly making its sustainability problematic amidst the revival of its rival alternatives-unitarism and secessionism. This article argues for re-inventing the system in the spirit of loose federalism, ensuring its continued relevance to the fast changing political climate in Ethiopia. To this end, it calls for a robust revisit, re-negotiation and redesign of i) distribution of self-rule and shared rule powers, ii) vertical and horizontal inter-governmental relations, and iii) House of Federation of the system.\u0000A central challenge is how to secure sufficient political trust between the federal and regional governments and among the regional governments of the federation. This requires a ‘workable platform and rules of the game’ for running a smooth grand elite bargaining process.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43757215","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 : 2021-10-28DOI: 10.1163/15718115-bja10045
Helder De Schutter
In this contribution I apply the normative political theory of multinational federalism to the case of Ethiopia. Can the political philosophy of multinational federalism ground Ethiopian federalism, and does Ethiopia satisfy its moral demands? To do so, I examine the Ethiopian federal system from the perspective of four desiderata of multinational federalism: (1) national-cultural self-government, (2) solidarity, (3) central government, and (4) linguistic justice. While Ethiopia’s federal structure has scored well with respect to (1) national-cultural self-government and (2) solidarity, it does face problems of (3) federal togetherness and (4) recognition of internal linguistic minorities. In the article several ways to overcome the two last-mentioned problems are suggested, although the article places these problems in perspective, as they trouble many multinational federal states.
{"title":"Federalism as Fairness in Ethiopia","authors":"Helder De Schutter","doi":"10.1163/15718115-bja10045","DOIUrl":"https://doi.org/10.1163/15718115-bja10045","url":null,"abstract":"\u0000In this contribution I apply the normative political theory of multinational federalism to the case of Ethiopia. Can the political philosophy of multinational federalism ground Ethiopian federalism, and does Ethiopia satisfy its moral demands? To do so, I examine the Ethiopian federal system from the perspective of four desiderata of multinational federalism: (1) national-cultural self-government, (2) solidarity, (3) central government, and (4) linguistic justice. While Ethiopia’s federal structure has scored well with respect to (1) national-cultural self-government and (2) solidarity, it does face problems of (3) federal togetherness and (4) recognition of internal linguistic minorities. In the article several ways to overcome the two last-mentioned problems are suggested, although the article places these problems in perspective, as they trouble many multinational federal states.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43635649","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 : 2021-10-28DOI: 10.1163/15718115-28050002
{"title":"Contents","authors":"","doi":"10.1163/15718115-28050002","DOIUrl":"https://doi.org/10.1163/15718115-28050002","url":null,"abstract":"","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45737454","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 : 2021-08-23DOI: 10.1163/15718115-bja10048
Timothy Jacob-Owens
Multicultural citizenship, a set of group-differentiated rights for minority cultural groups, is now a common feature of most domestic legal systems in Europe. The conventional view, widely reflected in practice, suggests that ‘strong’ rights of this sort should be restricted to so-called ‘historical’ minorities. However, the increasingly long-standing presence of distinct cultural groups of immigrant origin raises the question of whether, and to what extent, the latter should also be granted stronger forms of multicultural citizenship. This article addresses this question by reference to the Council of Europe’s Framework Convention for the Protection of National Minorities, a central pillar of the international minority rights regime in Europe. The article analyses the application of the treaty to immigrant-origin groups in the Czech Republic and the United Kingdom, showing that the scope of protection afforded to such groups is stronger than previously assumed, though less far-reaching as compared to their ‘historical’ counterparts.
{"title":"Immigration and Multicultural Citizenship in Europe: Insights from the Framework Convention for the Protection of National Minorities","authors":"Timothy Jacob-Owens","doi":"10.1163/15718115-bja10048","DOIUrl":"https://doi.org/10.1163/15718115-bja10048","url":null,"abstract":"Multicultural citizenship, a set of group-differentiated rights for minority cultural groups, is now a common feature of most domestic legal systems in Europe. The conventional view, widely reflected in practice, suggests that ‘strong’ rights of this sort should be restricted to so-called ‘historical’ minorities. However, the increasingly long-standing presence of distinct cultural groups of immigrant origin raises the question of whether, and to what extent, the latter should also be granted stronger forms of multicultural citizenship. This article addresses this question by reference to the Council of Europe’s Framework Convention for the Protection of National Minorities, a central pillar of the international minority rights regime in Europe. The article analyses the application of the treaty to immigrant-origin groups in the Czech Republic and the United Kingdom, showing that the scope of protection afforded to such groups is stronger than previously assumed, though less far-reaching as compared to their ‘historical’ counterparts.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49482725","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 : 2021-08-23DOI: 10.1163/15718115-bja10047
S. Bamidele, Olusegun O. Idowu
The politics of land rights and low or high intensity protest in the twenty-first century has produced several land-related protesters with a variety of strategies. This study focuses on the challenges of urbanization as it affects the Kpaduma community in Abuja, Federal Capital Territory (fct), Nigeria. Kpaduma, an indigenous group, has a history of protest at various times with the government over its ancestral land. The last protest in 2016 brought massive destruction of settlements and forced displacement. Quite a number of works have been written on the land protests, with particular reference to their causes and consequences. However, the post-protests situation, particularly regarding the tense relationship and urbanization process in the locality, is yet to be sufficiently explored. This study investigates the state of relations between the government and Kpaduma as well as the urbanization processes in the country’s capital after the forced displacement of Kpaduma.
{"title":"The State and the Minority Group: Land Rights between the State and Kpaduma Indigenous Group in Abuja, Federal Capital Territory (fct), Nigeria","authors":"S. Bamidele, Olusegun O. Idowu","doi":"10.1163/15718115-bja10047","DOIUrl":"https://doi.org/10.1163/15718115-bja10047","url":null,"abstract":"\u0000The politics of land rights and low or high intensity protest in the twenty-first century has produced several land-related protesters with a variety of strategies. This study focuses on the challenges of urbanization as it affects the Kpaduma community in Abuja, Federal Capital Territory (fct), Nigeria. Kpaduma, an indigenous group, has a history of protest at various times with the government over its ancestral land. The last protest in 2016 brought massive destruction of settlements and forced displacement. Quite a number of works have been written on the land protests, with particular reference to their causes and consequences. However, the post-protests situation, particularly regarding the tense relationship and urbanization process in the locality, is yet to be sufficiently explored. This study investigates the state of relations between the government and Kpaduma as well as the urbanization processes in the country’s capital after the forced displacement of Kpaduma.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41538764","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 : 2021-08-23DOI: 10.1163/15718115-bja10052
S. Shankar, Pranav Ganesan
The devadasi community of south India are originators of a popular dance form called bharatanatyam. This paper explores several dimensions of this community including legal and social angles. A misjudged and misunderstood community, the modern-day devadasi’s circumstances can be described as fraught with social disabilities ranging from a lack of economic opportunities and the resultant poverty to an increased propensity for delinquency. The paper presents an unbiased view of the history of the devadasi system that attempts to use a varied range of sources so as to paint a clear narrative. The paper proposes a mechanism to move forward through truth commissions as a form of restorative justice that is likely to help both policymakers as well as artists.
{"title":"The Devadasis, Dance Community of South India: A Legal and Social Outlook","authors":"S. Shankar, Pranav Ganesan","doi":"10.1163/15718115-bja10052","DOIUrl":"https://doi.org/10.1163/15718115-bja10052","url":null,"abstract":"\u0000The devadasi community of south India are originators of a popular dance form called bharatanatyam. This paper explores several dimensions of this community including legal and social angles. A misjudged and misunderstood community, the modern-day devadasi’s circumstances can be described as fraught with social disabilities ranging from a lack of economic opportunities and the resultant poverty to an increased propensity for delinquency. The paper presents an unbiased view of the history of the devadasi system that attempts to use a varied range of sources so as to paint a clear narrative. The paper proposes a mechanism to move forward through truth commissions as a form of restorative justice that is likely to help both policymakers as well as artists.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44915454","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 : 2021-08-02DOI: 10.1163/15718115-bja10049
Kamrul Hossain
The Japanese government legally recognized the Ainu as an Indigenous People in 2019. While the legislation is a step forward, it does not provide the Ainu with concrete rights applicable to Indigenous Peoples as those rights are set out in international legal standards, articulated in several human rights instruments and authoritative statements issued by both United Nations organs and the international treaty monitoring bodies. The most common issue concerning Indigenous Peoples’ rights is the practice of traditional livelihoods linked to their lands and resources. Particularly for coastal communities, traditional fishing has been recognized as an important livelihood for sustaining the people’s culture and their ethnic and cultural identity. This article explores the traditional fishing right of the Ainu, which has recently become a point of conflict given that existing local regulations jeopardize the right. The article critically examines the compatibility of the provisions of the conflicting local and national regulations.
{"title":"Recognition of the Ainu as an Indigenous People in Japan: Legal Implications for their Right to Traditional Salmon Fishing","authors":"Kamrul Hossain","doi":"10.1163/15718115-bja10049","DOIUrl":"https://doi.org/10.1163/15718115-bja10049","url":null,"abstract":"\u0000 The Japanese government legally recognized the Ainu as an Indigenous People in 2019. While the legislation is a step forward, it does not provide the Ainu with concrete rights applicable to Indigenous Peoples as those rights are set out in international legal standards, articulated in several human rights instruments and authoritative statements issued by both United Nations organs and the international treaty monitoring bodies. The most common issue concerning Indigenous Peoples’ rights is the practice of traditional livelihoods linked to their lands and resources. Particularly for coastal communities, traditional fishing has been recognized as an important livelihood for sustaining the people’s culture and their ethnic and cultural identity. This article explores the traditional fishing right of the Ainu, which has recently become a point of conflict given that existing local regulations jeopardize the right. The article critically examines the compatibility of the provisions of the conflicting local and national regulations.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47032661","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 : 2021-08-02DOI: 10.1163/15718115-bja10042
Arpeeta Shams Mizan
This article studies the process of minoritising members of majority groups through the use of narrow identity markers in heterogeneous countries like Bangladesh. Through historical analysis of the State’s influence on people's sense of cultural identity, it argues that when a group does not identify with State-imposed identity markers, they are alienated by the State and reduced to pseudo-minorities. Pseudo-minorities are groups of individuals who do not satisfy objective elements of minority identity, yet are discriminated against by the State in a minority-like manner. These individuals identify themselves as a group, and while they have formal equality, they lack de facto equality. These pseudo-minorities have no precise legal mechanism to redress such discrimination either under domestic or international law. The emerging right to cultural identity can become a tool to protect these groups.
{"title":"Identity Crisis and the Pseudo-Minorities in Bangladesh: Is the Right to Cultural Identity the Answer?","authors":"Arpeeta Shams Mizan","doi":"10.1163/15718115-bja10042","DOIUrl":"https://doi.org/10.1163/15718115-bja10042","url":null,"abstract":"\u0000 This article studies the process of minoritising members of majority groups through the use of narrow identity markers in heterogeneous countries like Bangladesh. Through historical analysis of the State’s influence on people's sense of cultural identity, it argues that when a group does not identify with State-imposed identity markers, they are alienated by the State and reduced to pseudo-minorities. Pseudo-minorities are groups of individuals who do not satisfy objective elements of minority identity, yet are discriminated against by the State in a minority-like manner. These individuals identify themselves as a group, and while they have formal equality, they lack de facto equality. These pseudo-minorities have no precise legal mechanism to redress such discrimination either under domestic or international law. The emerging right to cultural identity can become a tool to protect these groups.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45974579","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 : 2021-08-02DOI: 10.1163/15718115-bja10043
Juris Pupcenoks, M. Grillo, Qihao Ji
This study examines how symbolic, psychological and material factors influence how Americans view migrants before and after the heated 2016 primary season leading to the nomination of Donald Trump as the Republican Party’s presidential candidate. We hypothesize that prior unfavorable predispositions towards migrants, preference for high skilled migrants, personality traits, and material variables strongly influence views on migrants. We examine the effect of these variables with two controlled experiments set a year apart, before and after the 2016 primary election. The experiments manipulate the ethnicity (Asian, Hispanic, Arab) and skill level (high skilled or low skilled) of migrant groups. In both experiments, we find that respondents have an overall positive view of migrants regardless of ethnicity. However, those respondents who hold anti-immigrant stereotypes, have authoritarian personalities, and whose economic standing is worsening see immigrants as threatening. We also find that negative emotion plays a mediating role in this process.
{"title":"Haters Gonna Hate: How Symbolic and Psychological Variables Explain Attitudes towards Immigrants","authors":"Juris Pupcenoks, M. Grillo, Qihao Ji","doi":"10.1163/15718115-bja10043","DOIUrl":"https://doi.org/10.1163/15718115-bja10043","url":null,"abstract":"\u0000This study examines how symbolic, psychological and material factors influence how Americans view migrants before and after the heated 2016 primary season leading to the nomination of Donald Trump as the Republican Party’s presidential candidate. We hypothesize that prior unfavorable predispositions towards migrants, preference for high skilled migrants, personality traits, and material variables strongly influence views on migrants. We examine the effect of these variables with two controlled experiments set a year apart, before and after the 2016 primary election. The experiments manipulate the ethnicity (Asian, Hispanic, Arab) and skill level (high skilled or low skilled) of migrant groups. In both experiments, we find that respondents have an overall positive view of migrants regardless of ethnicity. However, those respondents who hold anti-immigrant stereotypes, have authoritarian personalities, and whose economic standing is worsening see immigrants as threatening. We also find that negative emotion plays a mediating role in this process.","PeriodicalId":44103,"journal":{"name":"International Journal on Minority and Group Rights","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45509356","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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