The Dynamics of (Ethno)Nationalism and Federalism in Postcolonial Balochistan, Pakistan

2020 ◽  
Vol 55 (7) ◽  
pp. 979-1006
Author(s):  
Manzoor Ahmed
Keyword(s):  
Identity Politics ◽  
Indian Subcontinent ◽  
The State ◽  
Armed Conflicts ◽  
Political Rights ◽  
Colonial Era ◽  
Political Empowerment ◽  
Nationalist Movement ◽  
The People ◽  
Federal Structure

The paper examines how an (ethno)nationalist movement developed and took shape in Balochistan in relation to a broader national question that ranges from seeking provincial autonomy within the federation of Pakistan to gaining independence and formation of a separate state of Balochistan. The paper also analyses the estranged relationship of Balochistan with the state of Pakistan against the background of the failure of the state in accommodating the Baloch national aspirations for economic, social and political rights, while adhering to the basic tenets of federalism. The Baloch, who sporadically engaged in armed conflicts with the state after the British left the Indian Subcontinent in 1947, were not merely the pawns of geopolitics. The conflict in Balochistan must also be seen in a greater context of nationalism as an effort of the Baloch elite to achieve more autonomy within the federal structure of Pakistan. The movement for more national autonomy under the slogan of nationalism may be understood as a tool to further consolidate the social, economic and political strengths of the traditional tribal structure of Balochistan, instead of a struggle for economic and political empowerment of the people of Balochistan. The genuine economic and political aspirations of the people were doubly constrained. On the one hand, the centuries old tribal-centric social structure impeded any social and political evolution in the province and, on the other hand, the limitations of the federal structure in Pakistan restrained Balochistan’s integration into the mainstream national polity and economy. The paper argues that the emergence of nationalism is shaped, firstly by the historical legacy of the colonial era, the identity politics of Baloch nationalists, resource-grabbing and hegemonic approach of the Baloch Sardars or tribal chieftains, and secondly by Pakistan’s failure in adhering to the principles of federalism. Extreme centralization or quasi federalism with its authoritarian nature has promoted regionalism and centrifugal tendencies. Balochistan being a periphery happened to be a fertile ground for the emergence and development of a nationalist movement against the attitudes of the state of Pakistan, which led towards a conflict situation between Balochistan and the state of Pakistan.

scholarly journals The Mughal Administration of Justice: An Appraisal

2020 ◽  
Vol V (III) ◽  
pp. 43-50
Author(s):  
Bakht Munir
Keyword(s):  
Qualitative Research ◽  
Social Welfare ◽  
Research Methodology ◽  
Indian Subcontinent ◽  
The State ◽  
The People ◽  
Administration Of Justice ◽  
Qualitative Research Methodology ◽  
History Of

In the history of the Indian subcontinent, the claims that the science of administration of justice reached its apex during the period of the Great Mughals are critically investigated in this paper. Though the Mughals initiatives were oriented to public and social welfare, their absolute authority over the state cast shadows on the system they introduced, one of which was administration of justice. With the help of qualitative research methodology, this article examines whether the Mughal system of administration was meant to dispense with justice and uphold welfare of the people or it was just a replica of the police state where sovereignty was exercised in a dictatorial manner.

Repair Work

2020 ◽  
pp. 109-124
Author(s):  
Mirco Göpfert
Keyword(s):  
Criminal Law ◽  
Dispute Settlement ◽  
The State ◽  
Penal Code ◽  
State Of Exception ◽  
Colonial Era ◽  
Repair Work ◽  
Procedure Code ◽  
The People ◽  
The Law

This chapter addresses how the gendarmes consider the criminal law as profoundly unjust. The Nigerien penal code (Code Pénal) and code of criminal procedure (Code de Procédure Pénale) both originate from the colonial era and still contain largely unadapted elements of it. According to the gendarmes, these outdated and “foreign” laws were largely inappropriate for policing the life worlds of the people they confronted. From the paradigmatic and law-centered perspective, the gendarmes' arrangements appear as the discretion-led, under-enforcement of the law. The chapter then suggests a perspective that is more sensitive to those actors' views and practices and takes seriously local concepts of law enforcement, dispute settlement, and the search for justice, in this case: gyara, repair work. Seen in that light, the gendarmes repaired a law that they deemed unjust. Not its application, but the law itself was deficient. What was at stake in such instances was the nature of the law and the state itself. The gendarmes had the power to declare the state of exception and act outside the law in defense of law, but they also had the power to declare an “exception to the state.”

scholarly journals PROBLEMATIC APPLICATION OF CRIMINAL REVOCATION OF POLITICAL RIGHTS IN PERSPECTIVE OF CORRUPTION LAW

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Edi As' Edi
Keyword(s):  
United Nations ◽  
Political Corruption ◽  
The State ◽  
Political Rights ◽  
International Conference ◽  
Criminal Sanctions ◽  
The People ◽  
United Nations Convention ◽  
The Law

The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC) UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied. Keywords: pull, rights, corruption, politics.

A Zimbabwean Playwright’s Mockery of the Restraint Clause in the Lancaster House Constitution

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Ephraim Vhutuza ◽  
Noreen Mucheke
Keyword(s):  
Rural Areas ◽  
Negative Impact ◽  
Black Population ◽  
The State ◽  
Colonial Era ◽  
Land Redistribution ◽  
The People ◽  
Black Characters ◽  
Constitutional Reforms ◽  
White Settlers

This paper analyses the debilitative effects of the restraint clause in the negotiated 1979 Lancaster House Constitution that called for a moratorium on the possibility of constitutional reforms during the first 10 years of Zimbabwe’s independence. That clause effectively meant that reforms related to the nature and form of land (re)settlement, let alone radical repossession, could not be entertained until after 1990. This paper argues that George Mujajati’s play, The Wretched Ones, dramatises the negative impact that this restraint clause had on the majority of the black population of Zimbabwe in the first 10 years of their independence as the state could not radically redistribute land to correct the imbalances of the colonial era. Thus, the paper attributes the glaring poverty and misery among the majority of the black characters in the play to that restraint clause, a clause that continued to benefit white settlers, such as Mr Buffalo in this play, who had appropriated land by force during the colonial era. The paper concludes that land redistribution is a powerful tool in the fight against poverty in countries where the majority of the people live in rural areas.

India and the Indonesian Archipelago from the Generale Missiven der VOC (Dutch East India Company)

Itinerario ◽  
1992 ◽  
Vol 16 (2) ◽  
pp. 23-37 ◽  
Author(s):  
J. Van Goor
Keyword(s):  
Indian Subcontinent ◽  
The State ◽  
East India Company ◽  
Dutch East India Company ◽  
The West ◽  
Indonesian Archipelago ◽  
The People ◽  
State Of Affairs

Regularly, with the ships coming with the monsoon, the Governor-General and the councillors at Batavia received information from their subordinates from all over Asia. The Council of the Indies consisted of older members of the Company's bureaucracy, men who had served in several posts before being nominated to this ultimate position of honour. Together in council they constituted the best informed body on Asian affairs, in the East, as well as in the West. As a body they were responsible for the formulation of the generate missiven, the general letters in which the Heren Zeventien (Gentlemen Seventeen) were briefed on the state of affairs. The missiven had to be signed by all, dissent was not permissable. According to a a set pattern, all factories were dealt with in the same fashion. Any member of the council in principle would have been able to make an overview of the differing areas in which the Company was active. If any, they seem to have been the people able to make a comparison of the Indian subcontinent and the Indonesian archipelago. The following is an attempt to show what insights might have been expected from an interview with an elder servant of the ‘honourable Company’.

scholarly journals Legal Implications of the Norms Conflict in the Governance Regulation of the Water Resources

2020 ◽  
Vol 9 (1) ◽  
pp. 17-23
Author(s):  
Indro Budiono ◽  
Moch. Bakri ◽  
Moh. Fadli ◽  
Imam Koeswahyono
Keyword(s):  
Water Resources ◽  
Public Interest ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Colonial Era ◽  
The Public ◽  
The People ◽  
Legal Implications ◽  
The Republic

AbstractArrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

The Economic History of Manipur: Some Explorations

2016 ◽  
Vol 15 (4) ◽  
pp. 393-407
Author(s):  
K. Gyanendra Singh
Keyword(s):  
Economic History ◽  
The State ◽  
Colonial Era ◽  
Colonial Policy ◽  
The People ◽  
History Of ◽  
Princely State ◽  
History Approach ◽  
Food Economy ◽  
Sufficient Food

Manipur, an erstwhile princely state of northeastern India, suffered in the hands of Burmese during 1819-25 and again in the hands of British in 1891. Since 1891, the state had been under the control of the British government of India. With the change in hands of the seat of administration, the economy of the state underwent drastic changes.Following pure economic history approach, we analyse the salient features of the economy of Manipur during the feudal and colonial era. It was observed that the otherwise self-sufficient food economy of the feudal era was distorted during the colonial period. The colonial policy not only robbed the rice economy but also shunned the paths of industrialisation, thus preventing the natural transition of an economy. The policy of monetisation and commercialisation of agriculture led to export-led-retardation of the people and de-industrialisation of the economy with feeble trends towards tertiarisation of the economy.

scholarly journals PENGATURAN HUKUM CALON LEGISLATIF MANTAN NARAPIDANA

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Salim Fauzi Lubis ◽  
Ismail Ismail ◽  
Mina Mardiana
Keyword(s):  
Human Rights ◽  
The State ◽  
Constitutional Rights ◽  
Political Rights ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Election Commission

Election or local election is a way of channeling the rights of every principle community, which means that the right to vote and vote is contained in his constitutional rights as citizens. In article 28 letter D of the Republic of Indonesia Republic of 1945 which reads that "every citizen has the right to have the same opportunity in government". The sound contained in the article contains the understanding that the State guarantees each of its citizens to obtain the rights to sit in government either as People's Representatives, regents, Mayors, Governors, or even become a President. The method used in this study is normative juridical legal research which uses a statutory approach. The issue raised by the author is How the Human Rights Perspective of Legislative Candidates in Organizing Elections and How Comparative Legal Arrangements for Former Legislative Candidates Examined From Law Number 7 of 2017 Concerning General Elections With Regulation of the Election Commission Number 20 of 2018 Regarding Nominating Members Regional Representative Council, Provincial Regional Representative Council, Regency / City Representative Council. In terms of the implementation of elections need to be held honestly, fairly and democratically based on the spirit of Democracy that has been carried out so far so as to create leaders and representatives of the people who side with their people. Speaking of Human Rights, everyone has the same rights before the State and applies to former corruption convicts who have or have the same political rights as other citizens guaranteed by the constitution.

The Open Society and the Democracy to Come: Bergson, Deleuze and Guattari

2016 ◽  
Vol 10 (3) ◽  
pp. 352-366 ◽  
Author(s):  
Bruce Baugh
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Open Society ◽  
Minor Literature ◽  
Deleuze And Guattari ◽  
The People ◽  
To Come ◽  
Polar Opposite ◽  
A Minor ◽  
Gain Access

In Bergsonism, Deleuze refers to Bergson's concept of an ‘open society’, which would be a ‘society of creators’ who gain access to the ‘open creative totality’ through acting and creating. Deleuze and Guattari's political philosophy is oriented toward the goal of such an open society. This would be a democracy, but not in the sense of the rule of the actually existing people, but the rule of ‘the people to come,’ for in the actually existing situation, such a people is ‘lacking’. When the people becomes a society of creators, the result is a society open to the future, creativity and the new. Their openness and creative freedom is the polar opposite of the conformism and ‘herd mentality’ condemned by Deleuze and Nietzsche, a mentality which is the basis of all narrow nationalisms (of ethnicity, race, religion and creed). It is the freedom of creating and commanding, not the Kantian freedom to obey Reason and the State. This paper uses Bergson's The Two Sources of Morality and Religion, and Deleuze and Guattari's Kafka: For a Minor Literature, A Thousand Plateaus and What is Philosophy? to sketch Deleuze and Guattari's conception of the open society and of a democracy that remains ‘to come’.

The Russian nationalist movement at low ebb

2018 ◽  
Author(s):  
Alexander Verkhovsky
Keyword(s):  
The State ◽  
Complex Relationship ◽  
State Repression ◽  
Subsequent Increase ◽  
Nationalist Movement

This chapter examines changes in the Russian nationalist movement from Russia’s annexation of Crimea until the State Duma elections in September 2016. Since 2014, the nationalist movement has been split over which side to support in the war in Ukraine. Then, with the subsequent increase in state repression of ultra-rightists, the movement lapsed into total decline. The chapter traces activities in various sectors of Russian nationalism, discussing the separate trajectories of the pro-Kremlin and oppositional nationalists, as well as the latter group’s further subdivision into groups that support or oppose the ‘Novorossiia programme’. Attention is paid to the complex relationship and interaction between the various groups of nationalists, as well as to their interaction with the powers-that-be and with the liberal opposition.

Sign in / Sign up

Export Citation Format

Share Document