Minority Rights in the Pacific Region

2009 ◽  
Author(s):  
Castellino Joshua ◽  
Keane David
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Minority Groups ◽  
Minority Rights ◽  
International Standards ◽  
Pacific Region ◽  
International Human Rights Law ◽  
The Pacific ◽  
History Of ◽  
Human Rights Standards

The book examines the extent to which States in the Pacific region have put in place legislative and administrative measures designed to promote and protect the rights of minorities and indigenous peoples within their State. The book starts by identifying and classifying the various States in the region, and commenting on general trends that are visible across the region. This analysis includes Australia, New Zealand, and the Pacific Island Countries in the geographic boundaries of Micronesia, Melanesia, and Polynesia. The region is assessed against human rights standards, and the extent to which State practice conforms to international standards. There are five chapters in the book. The opening chapter conducts a tour d'horizon of the Pacific, identifying the states, delivering a history of the development of the region, comments on theories concerning the original migration of peoples, narrates colonial expeditions and enterprises, and assesses the emergence of independent government and institutions. The record of engagement with international human rights law is examined, in particular the States' ratification of human rights covenants. The attempt to implement a regional human rights mechanism for the Pacific is described with the merits of such a project debated. The subsequent four chapters are case-studies, designed to expose in detail, the extent to which indigenous and minority rights are implemented in the Pacific. Four states were chosen as representative of the challenges that face these groups in the region: Australia, New Zealand, Fiji, and Papua New Guinea. Each chapter is broken-down into four sections, according to the structure of the book series engaging with the history, identification of indigenous and minority groups, the rights of indigenous and minority groups, and the legal and other remedies available.

The Death Penalty in Malawi: An Assessment against Regional and International Human-rights Standards

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Esther Gumboh
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
International Standards ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Global Trend ◽  
International Human ◽  
Capital Crimes ◽  
The Right ◽  
Human Rights Standards

Despite the global trend towards the abolition of the death penalty, Malawi has no plans to do so. However, the country is under an obligation to ensure that the use of the death penalty is restricted in line with regional and international human-rights law. A survey of the application of the death penalty in Malawi reveals that while there are some restrictions on its use, the law and practice are not fully aligned with the regional and international standards. This is particularly the case with the scope of capital crimes, the right to seek mercy and the death row phenomenon. Malawi needs to address these shortfalls and move progressively towards the abolition of the death penalty. The task of this article is to make known some findings on how Malawi fares in this regard. The paper first discusses the regional and international human rights standards for the death penalty then it considers the Malawian Constitution and the restrictions on the death penalty under Malawian law. It concludes with an assessment of the extent to which Malawi conforms to international law insofar as the death penalty is concerned.

Examining the Suitability of the International Minority Rights Regime as an Avenue for Advancing Self-Determination Claims

2020 ◽  
Vol 27 (4) ◽  
pp. 675-727
Author(s):  
Rhys Carvosso
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Minority Rights ◽  
Negotiation Process ◽  
Self Determination ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

The international legal right of all ‘peoples’ to self-determination applies indeterminately to minority groups. The limited jurisprudence tends toward an ‘internal’ dimension of the right being available to minorities, to be exercised and negotiated domestically. However, where a state-minority negotiation process fails, the international law of self-determination is inadequate to resolve the ensuing deadlock. Accordingly, this article examines the suitability of minority protections under international human rights law (‘minority rights’) as a supplementary set of rules by which disputes concerning the self-determination of minorities might be resolved. It argues that owing to the strong conceptual and doctrinal overlap between the two areas, the enforcement of minority rights is a suitable strategy for advancing a self-determination claim. However, two bars within existing international human rights enforcement procedures – the non-justiciability of self-determination, and the requirement that complainants must be “victims of a violation” – substantially reduce the utility of this strategy at present.

scholarly journals The right to education: What is happening for disabled students in New Zealand?

2016 ◽  
Vol 36 (1) ◽  
Author(s):  
Alison Kearney
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Minority Groups ◽  
Right To Education ◽  
International Human Rights ◽  
Disabled Students ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

<p>New Zealand is a country of 4.2 million people with a record of meeting and often exceeding human rights standards, and of contributing to the development of international human rights treaties and covenants (New Zealand Human Rights Commission 2010). Despite this, exclusion both from and within education is a reality for some children from minority groups, and in particular, disabled students (Kearney, 2011; MacArthur, 2009; New Zealand Human Rights Commission, 2010). This paper examines disabled students' right to education in New Zealand, highlighting barriers to the realization of this right. Results from a survey of parents of disabled students who had been excluded and/or marginalized from school are reported and discussed in light of national and international literature.</p>

scholarly journals Human Rights and the WTO: Issues for the Pacific

2009 ◽  
Vol 40 (1) ◽  
pp. 351 ◽  
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
World Trade Organization ◽  
Papua New Guinea ◽  
Free Trade ◽  
World Trade ◽  
Solomon Islands ◽  
Pacific Region ◽  
The Pacific ◽  
The Impact

In the Pacific, Australia, New Zealand, Fiji, Papua New Guinea, Solomon Islands and Tonga are World Trade Organization members.  This article examines the human rights concerns regarding the WTO, in particular the impact of WTO rules regarding trade liberalisation on poverty and development within developing states.  The author comments on the costs of conditional WTO membership and the possible consequences of free trade and globalisation in the Pacific region.

Displacement by Repatriation: The Future of Turkish Settlers in Northern Cyprus

2010 ◽  
Author(s):  
Yaël Ronen
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Peaceful Settlement ◽  
Northern Cyprus ◽  
The Future ◽  
History Of ◽  
The Baltic ◽  
Human Rights Standards

This chapter discusses the future of Turkish settlers in Northern Cyprus. It examines the prospect of their repatriation to Turkey within the framework of the peaceful settlement of the conflict in Cyprus. Although ordinarily repatriation has a positive connotation of going home, in the case of the Turkish settlers, repatriation or homecoming may mean the displacement for another home. This chapter begins with a short overview of the history of the settler issue in Northern Cyprus and its evolution. It then considers the problems the prospect of repatriation may impose on the vision of a future unified Cyprus. It also discusses the modalities which are currently negotiated for addressing this issue. Because these modalities are framed in the shadow of international human rights law, the implications of some human rights standards for the conflict are also examined. Lastly, the proposed modalities are examined in comparison with the alternative solution for the settler issue which was adopted in the Baltic states during the 1990s.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

scholarly journals The characteristics of behaviour change interventions used among Pacific people: a systematic search and narrative synthesis

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Amio Matenga-Ikihele ◽  
Judith McCool ◽  
Rosie Dobson ◽  
Fuafiva Fa’alau ◽  
Robyn Whittaker
Keyword(s):  
United States ◽  
Social Support ◽  
New Zealand ◽  
Behaviour Change ◽  
Health Behaviour ◽  
Narrative Synthesis ◽  
Pacific Region ◽  
Behaviour Change Interventions ◽  
Pacific People ◽  
The Pacific

Abstract Background Pacific people living in New Zealand, Australia, United States, and the Pacific region continue to experience a disproportionately high burden of long-term conditions, making culturally contextualised behaviour change interventions a priority. The primary aim of this study was to describe the characteristics of behaviour change interventions designed to improve health and effect health behaviour change among Pacific people. Methods Electronic searches were carried out on OVID Medline, PsycINFO, PubMed, Embase and SCOPUS databases (initial search January 2019 and updated in January 2020) for studies describing an intervention designed to change health behaviour(s) among Pacific people. Titles and abstracts of 5699 papers were screened; 201 papers were then independently assessed. A review of full text was carried out by three of the authors resulting in 208 being included in the final review. Twenty-seven studies were included, published in six countries between 1996 and 2020. Results Important characteristics in the interventions included meaningful partnerships with Pacific communities using community-based participatory research and ensuring interventions were culturally anchored and centred on collectivism using family or social support. Most interventions used social cognitive theory, followed by popular behaviour change techniques instruction on how to perform a behaviour and social support (unspecified). Negotiating the spaces between Eurocentric behaviour change constructs and Pacific worldviews was simplified using Pacific facilitators and talanoa. This relational approach provided an essential link between academia and Pacific communities. Conclusions This systematic search and narrative synthesis provides new and important insights into potential elements and components when designing behaviour change interventions for Pacific people. The paucity of literature available outside of the United States highlights further research is required to reflect Pacific communities living in New Zealand, Australia, and the Pacific region. Future research needs to invest in building research capacity within Pacific communities, centering self-determining research agendas and findings to be led and owned by Pacific communities.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

scholarly journals Toungāue cooperative pedagogy for Tongan tertiary students’ success

2020 ◽  
Vol 25 ◽  
pp. 18-29
Author(s):  
Telesia Kalavite
Keyword(s):  
Academic Success ◽  
New Zealand ◽  
Tertiary Education ◽  
Pacific Region ◽  
Sociocultural Context ◽  
Culturally Specific ◽  
Indigenous Cultures ◽  
Educational Environments ◽  
The Pacific ◽  
Students Success

Cooperative Pedagogy specific to Tongans can enhance students’ academic success in New Zealand’s tertiary education. Tongan students’ success depends on teachers’ recognition and understanding of Tongan students’ sociocultural context which involves their pule‘anga (bureaucracy), famili/kāinga (family), siasi (church) and fonua (country) relationships. Tongan students should not be treated within the Pacific groupings because ‘Pacific’ is a term of convenience for peoples who originate from different countries in the Pacific region whose cultures are uniquely different from one another. The term ‘Pacific’ tends to make these students live in the shadow of being treated as if they have the same needs in the classroom. The culturally specific needs of Pacific students are obscured by the assumption that they are homogenous. Academics and educational authorities in New Zealand need to recognise the importance of Pacific students’ culturally specific needs in their educational environments to move towards solving the problems of underachievement. This article explores the use of a culturally specific Tongan Toungāue Cooperative Pedagogy for teaching Tongan students in New Zealand tertiary education. Toungāue Cooperative Pedagogy is rooted in Tongan students’ sociocultural context which is at the heart of the Tongan society. More importantly, this proposed Toungāue Cooperative Pedagogy is transferable and could also be beneficial to other Pacific and Indigenous cultures.

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