Access to Justice 4 Known or Potential Extremists?

2016 ◽  
Vol 27 (1-2) ◽  
pp. 94-115
Author(s):  
Quirine Eijkman ◽  
Josien Roodnat

This article discusses, from the local professional perspective, access to justice for person-specific interventions to prevent or counter (violent) extremism in Europe. Using a Dutch case study it focusses on legal protection for hand-tailored interferences that are part of a wider-ranging counter-terrorism policy. While the so-called person-specific interventions, carried out by professionals, target designated high-risk individuals and groups, it is primarily the municipal authority that coordinates these criminal –, administrative – or social based measures. Furthermore, although researchers and human rights advocates have repeatedly sounded the alarm over access to justice for those affected, little research has been done into how those responsible for implementation perceive the necessity of legal protection. Also, the potential side-effects such as executive arbitrariness are modestly reflected in the literature. Henceforth, by reviewing policy documents and conducting semi-structured interviews, this exploratory study concludes that as far as legal protection for hand-tailored interferences are concerned, local professionals have faith in the checks and balances of the criminal justice system. Yet from their perspective this was less self-evident in cases of administrative – or social measures. Therefore, one may wonder if legal protections for person-specific interventions that deal with (potential) extremists are sufficient in practice.

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-21
Author(s):  
Madikgomo More

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.


Author(s):  
Caroline J. Uittenbroek ◽  
Leonie B. Janssen-Jansen ◽  
Hens A.C. Runhaar

Purpose – The purpose of this paper is to identify stimuli for climate adaptation in cities and more specifically to explore whether different stimuli inspire different governance approaches to climate adaptation – e.g. dedicated (adaptation as a new policy field) or mainstreaming (integrating in existing policy fields). Design/methodology/approach – For this explorative case study research, an early adapter was selected: Philadelphia (USA). By reconstructing the organization of two climate adaptation programs, the authors have identified stimuli and whether these influence the city’s governance approach. The reconstruction is based on data triangulation that consists of semi-structured interviews with actors involved in these programs, policy documents and newspaper articles. Findings – The research illustrates the importance of stimuli such as strategically framing climate adaptation within wider urban agendas, political leadership and institutional entrepreneurs. Moreover, the research reveals that it is often a combination of stimuli that triggers a governance approach and that there is a possible link between specific stimuli and governance approaches, proposing that some stimuli will trigger a dedicated approach to climate adaptation, while others initiate a mainstreaming approach. Originality/value – An in-depth understanding of stimuli of climate adaptation is currently lacking in literature, as most of the studies have focused on barriers to climate adaptation. Moreover, still little is known about what explains why certain governance approaches to climate adaptation emerge.


2021 ◽  
Vol 6 (24) ◽  
pp. 84-103
Author(s):  
Norazla Abdul Wahab ◽  
Nur Zulfah Md Abdul Salam ◽  
Hammad Mohamad Dahalan

The establishment of the Court for Children in the juvenile justice system is to provide legal protection for children. This court consists of a Magistrate and two advisors which one of them is a woman as provided in section 11 (2) of the Child Act 2001. Basically, the role of the advisor of the Court for Children is to advise the Magistrate relating to the orders (punishment) to be imposed on children who are in conflict with the law and to advise the parents or guardians whenever necessary. However, Section 11 of the Child Act 2001 is the only provision as regards the advisor of the Court for Children in Malaysia. There are no other guidelines or regulations on the mechanism of execution of duties of the advisor, its appointments, and training requirements. Thus, this study aims to identify the issues and challenges relating to the position and roles of the advisor. An analysis is made of legal documents and academic journals. Semi-structured interviews were also conducted with the Social Welfare Department (JKM), Ministry of Women, Family and Community Development (KPWKM), Legal Affairs Division (BHEUU), Prime Minister Department (JPM), and five Children Court advisors (who are representing the urban and rural areas). The study found that the Children Court advisor was recognized in 1947 via the Juvenile Court Act 1947. However, there are several issues and challenges to be addressed including the jurisdiction, governance structure, a mechanism of execution of duties, appointment criteria, the appointment process, modules, and training for Children Court advisors. The absence of guidelines, specific regulations, or manuals has limited the functions and roles of the Children Court advisor. This study suggests a better legal framework for the Children Court advisors to increase their credibility and professionalism. Thus, they can play an effective role in the juvenile justice system in Malaysia.


Water ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 11 ◽  
Author(s):  
Josep Pinyol Alberich ◽  
Farhad Mukhtarov ◽  
Carel Dieperink ◽  
Peter Driessen ◽  
Annelies Broekman

Cleaning wastewater and using it again for secondary purposes is a measure to address water scarcity in urban areas. However, upscaling of recycled water schemes is challenging, and little is known about the governance conditions which are required for this. This paper addresses this knowledge gap. Based on a review of governance literature we suggest that five governance conditions are necessary for a successful upscaling of recycled water schemes: (1) policy leadership, (2) policy coordination, (3) availability of financial resources, (4) awareness of a problem, and (5) the presence of a public forum. We applied these concepts in a case study on the upscaling of a recycled water scheme in Sabadell, Spain. We reviewed policy documents, conducted a set of 21 semi-structured interviews, and attended two policy meetings about the subject. Our results suggest that Sabadell meets the required conditions for upscaling reused water to a certain extent. However, a public forum is not well-developed. We discuss the implications of this and conclude with some suggestions for future research and some lessons for other cities that plan to upscale their recycled water schemes.


2020 ◽  
Vol 8 (2) ◽  
pp. 33-46
Author(s):  
Oliver Tafdrup

The aim of this article is to illustrate how visions of the future—sociotechnical imaginaries— mediate and thus shape sociotechnical practices involving educational robots in a Danish school context. In the analysis I show how imaginaries are manifested both in technological artefacts, teachers’ discourse and in policy documents from political bodies such as the OECD and the Danish Agency for Digitisation (DIGST). To show this manifestation, I apply two concepts: The Science and Technology Studies (STS) concept of ‘sociotechnical imaginaries’ as formulated by Sheila Jasanoff (2015) and the concept of ‘mediation’ known from postphenomenological tradition. I develop an analytical framework based on these two concepts and coin a third — ‘symbolic mediation’ — to present and analyse a case study based on an ethnographic field study that included semi-structured interviews conducted in a Danish school setting. The case study shows how the use of the robot NAO—an educational technology—is driven by two related imaginaries that both serve as arguments for implementing and using the robot—the imaginary of the digital future and the imaginary of educational optimization.


2021 ◽  
Vol 7 (1) ◽  
pp. 65-76
Author(s):  
Zaenal Mustakim ◽  
Fachri Ali ◽  
Rahmat Kamal

Promoting moderate Islam in the education sector to prevent radicalism and violent extremism, particularly in Indonesia’s Islamic universities has been considered important. This study demonstrated how values of moderate Islam empower student to prevent radicalism and violent extremism in university. This research is qualitative case study. Eight students and two teachers at a public Islamic university in Central Java, Indonesia were recruited to participate. Data were collected through semi-structured interviews and observation. The result of the study shows that the values of tolerance, inclusivity, flexibility, and objectivity in understanding religious texts were internalized to empower students as agents of religious moderation. The presentation of learning materials were adopted from national journals, reputable international journals, websites, and official social media platforms for moderate Muslim intellectuals. The materials contributed significantly to the prevention of hate speech and hoaxes. 


2015 ◽  
Vol 22 (3) ◽  
pp. 435-458 ◽  
Author(s):  
Tom Kirk

For many observers, state-building in Timor-Leste has overlooked and undermined local norms and governance practices, resulting in a potentially destabilising distance between citizens and the state. The emerging state justice system has been singled out for imposing inaccessible and alien institutions onto a population that has historically fought to retain its identity. Nonetheless, viewing access to justice as central to development and peace, local and international organisations continue to work to aid the equitable and swift resolution of disputes. Drawing upon qualitative fieldwork that examined a recent legal aid and paralegal programme, this article argues that some of these efforts are addressing earlier criticisms through the creation of practical hybrids; practices that use both imported and existing social norms to fulfil their clients’ needs. However, the article concludes that such programmes should identify opportunities to introduce checks and balances that can further protect the vulnerable groups.


2019 ◽  
Vol 13 (2) ◽  
pp. 113
Author(s):  
Pham Thi Thu Hien

Twitter and Microblogging are two separate entities but completes each other. Both of them can be used as language learning tools and their potential has been proved by several scholars. This study tries to examine students’ experiences in integrating microblogging with twitter. It is also study about the beneficial roles of microblogging with Twitter in language learning, its relation to writing, and its appropriateness in language learning. This study employs a qualitative research methodology, and case study as its research design. Semi-structured interviews and questionnaires were employed in this study to find out about participants' views about microblogging and Twitter. From this study, it can be concluded that the participants of the study underwent various experiences during the implementation of microblogging with Twitter. They also felt that microblogging with Twitter at some point advantages them to systematically arrange their ideas, and allows them to choose appropriate diction of their ideas. They also stated that Twitter can be an appropriate means in language learning, especially in English writing<em>.</em>


Sains Insani ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 15-21
Author(s):  
Zulkefli Aini ◽  
Abdul Ghafar Don ◽  
Ahmad Irdha Mokhtar ◽  
Nur Uswah Ahmad Fauzi

One of the factors that can affect a person's behavior is a communication message. In the context of the da`wah, preachers who involved actively in da`wah communication with the Orang Asli should be able to ensure that the message conveyed can be understood by the target group. In addition, the selection of the correct messages of da`wah based on the foremost priority simplify the process of sharing information between the preachers and the Orang Asli. Accordingly, this article aims to identify specific topics of Islamic faith (akidah) submitted by the Orang Asli in the process of da`wah communication and to identify verbal feedback given by the preachers to the Orang Asli of the topics. This qualitative study using case study design and data was collected through semi-structured interviews. Interviews involving nine preachers were active in da`wah activity to the Orang Asli community in Selangor. Data were analyzed thematically according to the specified objectives. The study found that the topics frequently raised by the Orang Asli is concerned about belief in Allah, belief in Malaikat, and belief in Qada' and Qadar. The topics may be found within the framework of worldview in their beliefs and practice of ancient traditions. Therefore, the preachers gave verbal feedback on these topics is based on a clear and precise sample corresponding to the level of their thinking. The emphasis on these topics is very important to strengthen and purify the faith of the community.Keywords: Communication; Message; Preacher; Indigenous community Abstrak: Elemen mesej dalam komunikasi merupakan salah satu faktor yang dapat memberi kesan terhadap perubahan tingkah laku seseorang. Dalam konteks dakwah, pendakwah yang terlibat dalam proses komunikasi dakwah dengan Orang Asli seharusnya berkebolehan memastikan kandungan mesej yang disampaikan boleh difahami oleh sasaran dakwahnya. Di samping itu, pemilihan mesej dakwah yang betul mengikut keutamaan memudahkan proses perkongsian maklumat antara pendakwah dengan Orang Asli. Sehubungan dengan itu, artikel ini bertujuan untuk mengenalpasti topik-topik tertentu dalam mesej akidah yang dikemukakan oleh masyarakat Orang Asli kepada pendakwah dan mengenalpasti maklum balas lisan yang diberikan oleh pendakwah kepada Orang Asli terhadap topik tersebut. Kajian kualitatif ini menggunakan reka bentuk kajian kes dengan pengumpulan data melalui temu bual separa struktur. Temu bual melibatkan sembilan orang pendakwah yang aktif dalam aktiviti dakwah masyarakat Orang Asli di Selangor. Data kajian dianalisis secara tematik mengikut objektif yang ditentukan. Kajian ini mendapati bahawa topik-topik yang sering dikemukan oleh Orang Asli kepada pendakwah dalam penyampaian mesej akidah ialah berkenaan tentang keimanan kepada Allah SWT, keimanan kepada malaikat, dan keimanan kepada qada’ dan qadar. Topik-topik berkenaan didapati berada dalam kerangka worldview kepercayaan dan amalan tradisi mereka. Sehubungan dengan itu, pendakwah memberikan maklum balas lisan terhadap topik-topik tersebut adalah berdasarkan keterangan yang jelas dan contoh yang tepat bersesuaian dengan tahap pemikiran mereka. Penekanan terhadap topik-topik tersebut merupakan perkara yang penting dalam rangka mengukuhkan dan memurnikan akidah masyarakat Orang Asli.Kata kunci: Komunikasi; Mesej; Pendakwah; Komuniti Orang Asli


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