The State of Human Rights in the African Post-Colonial Politics

2021 ◽  
Vol 66 (1) ◽  
pp. 83-106
Author(s):  
Theoneste Bimenyimana
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Separation Of Powers ◽  
Post Colonial ◽  
Political Ideologies ◽  
Economic Exploitation ◽  
The People ◽  
Current Affairs ◽  
Neoliberal Ideology ◽  
Foreign Politics

"The aim of this study is to identify and critically assess the effects of appropriation of foreign political ideologies and practices in African political systems. This paper argues that there should be no leader, whatever his worth; look on his own personal problems to be exploited for the benefits of western’s Politics. Which will enable the African systems to develop, secondly, argues that Human Rights should be looked at to be an apportioned – responsibility, shared by both the former colonial powers and the current post-colonial political elites, rather than seeing Human rights promotion as yet another excuse to interfere or control other sovereign nations. The study will involve qualitative research involving reviewing other authors' literature, identifying current affairs, and critical assessing the ways in which neo-colonialism affects the different societies in transition from a colonial past to independence. The study is based on the fact that colonized countries, during the Cold War, suffered political oppression, economic exploitation, and social degradation, while alignment either with the capitalist or communist ideology failed. Currently there is a felt pressure to adopt a neoliberal ideology in order to access to have access to aid and investment. The study concludes with recommendations to third world leaders, to look at the people they lead as their responsibility, since no leader, whatever his/her worth, can replace the will of people. This results in a felt need to embrace democracy and such democratic values as: strong institutions, an independent judiciary and the separation of powers, individual and minority rights, and civil rights. Keywords: postcolonial politics, appropriation of foreign politics, human rights, principled values of democracy, the inability of African leaders "

Liberalization and Community Ties

2021 ◽  
pp. 225-337
Author(s):  
Dieter Gosewinkel
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
European Society ◽  
The State ◽  
Political Affiliation ◽  
Political Transformation ◽  
Post Colonial ◽  
Community Ties ◽  
History Of ◽  
Post War

The post-war period (Tony Judt) of citizenship, which was overshadowed by expulsions, decolonization, and the ideological division of Europe, embodied a long history of dealing politically with the consequences of war, violence, and discrimination. In the European dictatorships after 1945, integration into the community of class and the state-prescribed ideology remained decisive for political affiliation. By contrast, in Western European society, which became more open under the influence of post-colonial immigration and the sustained boom, citizenship (T. H. Marshall) evolved into the ultimate emblem of a social-welfare state, a state in which on the principles of constitutionally guaranteed and expanding civil rights political affiliation was based on consensus, participation, and consumerism. These two polar concepts of citizenship were overcome and politically overlaid by a new human rights policy that established the protection of civil rights beyond the state and contributed to the 1989 political transformation of Europe.

scholarly journals Политика Уполномоченного По Правам Человека На Государственной Службе В Республике Татарстан, Россия (Policies of The Commissioner For Human Rights In Public Service In The Republic of Tatarstan, Russia)

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Stanislav Vladimirov Mladenov ◽  
Gine Putri Pertiwi ◽  
Refly Setiawan ◽  
Siti Indarini Nur Faizah ◽  
Abdurrahman Abdurrahman
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Local Governments ◽  
Public Services ◽  
Descriptive Analysis ◽  
State Agencies ◽  
The People ◽  
The Russian Federation ◽  
The Republic ◽  
Government Institution

AbstractThe Commissioner for Human Rights is a government institution that provides protection for the rights of the people in the Republic of Tatarstan, Russia. The establishment of the Human Rights Commissioner in the Russian Federation as a state body is one of the most important achievements of the transformation of democracy in Russia. In the Republic of Tatarstan, the Institute of Commissioners for Human Rights was established in 2000 in accordance with the Constitution of the Republic of Tatarstan to strengthen guarantees of state protection of human and civil rights and freedoms, to promote their observance and respect. by state agencies, local governments and officials. This study aims to explain how the Policies of the Commissioner for Human Rights in the Republic of Tatarstan are related to public services and to find out how the Commissioner for Human Rights of the Republic of Tatarstan provides the best service for the entire community. The method used in this research is a qualitative research method with a descriptive analysis approach. The results show that the Commissioner for Human Rights in the Republic of Tatarstan has made a policy that is appropriate for the welfare of the community and carries out its duties properly based on the main duties and functions of the Commissioner for Human Rights in the Republic of Tatarstan.Keywords: Policy, Commissioner for Human Rights, Public Services, Society of the Republic of Tatarstan, Russia AbstrakKomisaris Hak Asasi Manusia merupakan sebuah lembaga pemerintahan yang memberikan perlindungan terhadap hak masyarakat di Republik Tatarstan, Rusia. Pembentukan lembaga Komisaris Hak Asasi Manusia di Federasi Rusia sebagai badan negara merupakan salah satu capaian terpenting dari transformasi demokrasi di Rusia. Di Republik Tatarstan, Lembaga Komisaris Hak Asasi Manusia didirikan pada tahun 2000 sesuai dengan Konstitusi Republik Tatarstan untuk memperkuat jaminan perlindungan negara atas hak asasi dan kebebasan manusia dan sipil, untuk mempromosikan ketaatan dan penghormatan mereka. oleh badan-badan negara bagian, pemerintah daerah dan pejabat. Penelitian ini bertujuan untuk menjelaskan bagaimana Kebijakan Komisaris Hak Asasi Manusia di Republik Tatarstan terkait dengan pelayanan public dan untuk mengetahui bagaimana Komisaris Hak Asasi Manusia Republik Tatarstan dalam memberikan pelayanan yang terbaik bagi seluruh masyarakat. Metode yang digunakan dalam penelitian ini adalah metode penelitian kualitatif dengan pendekatan deskriptif analisis. Hasil penelitian menunjukkan bahwa Komisaris Hak Asasi Manusia di  Republik Tatarstan telah membuat suatu kebijakan yang tepat bagi kesejahteraan masyarakat dan menjalankan tugasnya dengan baik berdasarkan tugas pokok dan fungsi Komisaris Hak Asasi Manusia di Republik Tatarstan.Kata Kunci: Kebijakan,  Komisaris Hak Asasi Manusia, Pelayanan Publik, Masyarakat Republik Tatarstan, Rusia АннотацияУполномоченный по правам человека - это государственное учреждение, обеспечивающее защиту прав людей в Республике Татарстан, Россия. Создание Уполномоченного по правам человека в Российской Федерации как государственного органа - одно из важнейших достижений трансформации демократии в России. В Республике Татарстан Институт уполномоченных по правам человека был создан в 2000 году в соответствии с Конституцией Республики Татарстан с целью усиления гарантий государственной защиты прав и свобод человека и гражданина, содействия их соблюдению и уважению. государственными органами, органами местного самоуправления и должностными лицами. Это исследование направлено на объяснение того, как политика Уполномоченного по правам человека в Республике Татарстан связана с государственными услугами, и на то, чтобы выяснить, как Уполномоченный по правам человека Республики Татарстан предоставляет наилучшие услуги для всего сообщества. Метод, использованный в этом исследовании, представляет собой качественный метод исследования с подходом описательного анализа. Результаты показывают, что Уполномоченный по правам человека в Республике Татарстан разработал политику, которая соответствует благосостоянию общества и выполняет свои обязанности должным образом, исходя из основных обязанностей и функций Уполномоченного по правам человека в Республике Татарстан. Татарстан.Ключевые слова: Политика, Уполномоченный по правам человека, Государственные службы, Общество Республики Татарстан, Россия  

scholarly journals The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine

2021 ◽  
pp. 109-119
Author(s):  
O.S. Shevchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Common Good ◽  
Social Insurance ◽  
The State ◽  
Fundamental Rights ◽  
Basic Law ◽  
The People ◽  
Definition Of ◽  
The Individual

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).

Where Our Protection Lies

2017 ◽  
Author(s):  
Dimitrios Kyritsis
Keyword(s):  
Human Rights ◽  
Institutional Design ◽  
Separation Of Powers ◽  
Fundamental Rights ◽  
Moral Legitimacy ◽  
Joint Project ◽  
Constitutional Review ◽  
Rights Protection ◽  
The People ◽  
The Relationship

In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature’s important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.

Manifesto of the Alliance for Human Rights in China

1979 ◽  
Vol 8 (5) ◽  
pp. 3-6
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Capital Punishment ◽  
General Belief ◽  
Public Meetings ◽  
The People ◽  
A Charge ◽  
The Masses ◽  
High Level ◽  
Contradictions Among The People

The repression of dissent and the arrest of a number of human rights activists in Peking last April was not unexpected. For one thing, this repression has confirmed the general belief that the authorities in China have no time for legality in any Western sense of the word. The idea that a citizen should be entitled to civil rights, held independently from the Communist Party and the State, is nearly always dismissed as a bourgeois absurdity. The Catch-22 logic of Mao's concept of the ‘contradictions among the people’ was manifested once again: the people do have a right to speak out freely, should fully air their views, hold serious debate on national issues, and write dazibaos (wall posters). But if they go too far, if they abuse that right, they are no longer allowed to exercise it. They become ‘reactionaries’. The ‘movement for democratic freedoms and respect for human rights’ started in mid-November 1978 and lasted until April of this year, becoming known as the ‘Peking Spring’. As part of their campaign, the activists held public meetings and organised demonstrations in the streets of Peking, as well as in the provinces. Dazibaos were put up on the Democracy Wall at Xidan Square in the centre of Peking. Unofficial publications were sold in the streets. Among the various publications to emerge from the movement were: The Fifth April Tribune, Today, Bulletin of References for the Masses, Tribune of the People, The Alliance for Human Rights, and Tansuo (‘Explorations’). Among the unknown number of those arrested were two well-known leaders of the movement: Wei Jingsheng, 29, electrician, publisher and editor of Tansuo. He is also the author of ‘The Fifth Modernisation’ and ‘Qin Cheng No. 1’, which describes a prison for high-level cadres in the suburb of Peking. Also detained is Ren Wanding, 35, a worker, and one of the leaders of the Alliance for Human Rights in China. Both men have been condemned by the authorities as ‘counter-revolutionaries’, a charge that carries capital punishment.

scholarly journals ‘Enemies of the People’? The Judiciary and Claude Lefort’s ‘Savage Democracy’

2020 ◽  
pp. 27-42
Author(s):  
Panu Minkkinen
Keyword(s):  
Human Rights ◽  
Relative Position ◽  
Separation Of Powers ◽  
Theoretical Framework ◽  
The People ◽  
Rubber Stamp ◽  
Starting Point ◽  
Integral Element ◽  
The Relationship

The chapter attempts to, first, clarify the position of human rights in Claude Lefort's unique blend of phenomenologically and psychoanalytically inspired political theory. Human rights, and by extension rights more generally, are in this account an integral element of a 'savage democracy' that Lefort envisioned as the only plausible challenge to the totalitarian tendencies of neoliberalism. From this starting point, the chapter will then discuss the position of the judiciary in contemporary democracies. Standard accounts of the separation of powers reduce the courts' constitutional functions to the application and interpretation of laws issued by an elected legislator. But as the relationship between the legislator and the executive has changed, so, too, has the relative position of the judiciary. A strong executive as the engine of legislative initiatives, supported by a weak 'rubber-stamp' legislature, has highlighted the need to emphasise the democratic potential of the judiciary that goes beyond the 'deferential' role of standard accounts. The chapter will provide a theoretical framework for understanding this democratic role through Lefort's account of human rights.

scholarly journals The Public Government: The Composition, Unity and Interaction Essence

2020 ◽  
Vol 10 ◽  
pp. 19-23
Author(s):  
Aleksandr N. Chertkov ◽  
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Effective Interaction ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
Systematic Analysis ◽  
The Public ◽  
The People ◽  
Integrative Property

A systematic analysis of the category of “public authority” was carried out, including its three subsystems, as well as the components and elements of each of the subsystems from the standpoint of the implementation of the law of dialectics on the unity and struggle of opposites. A conclusion is suggested on the combination of the general unity of public authority, the internal unity of state, municipal and public authorities as subsystems of public authority with differentiation and relative autonomy of all elements and components of the public authority system. Such a dialectical combination of unity and separation of powers is achieved through the effective interaction of all components of public power. The effectiveness of interaction can also mean competition between them, provided that the constitutional values of human rights and society remain the integrative property of the system, and the interaction is aimed at ensuring the interests of the people.

Introduction: Thinking Places: Indigenous Humanities and Education

2005 ◽  
Vol 34 ◽  
pp. 1-6 ◽  
Author(s):  
Marie Battiste ◽  
Cathryn McConaghy
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Indigenous Peoples ◽  
Way Of Life ◽  
Political Ideologies ◽  
The People ◽  
High Commissioner ◽  
The World ◽  
The University ◽  
At Home

Every conception of humanity arises from a specific place and from the people of that place. How such places shape and sustain the people of a place is the focus of education that enables each student to understand themselves and makes them feel at home in the world. The notion of Indigenous humanities being developed at the University of Saskatchewan in Saskatoon represents an example of such ecological teachings and practices of what constitutes humanity. Ecology is the animating force that teaches us how to be human in ways that theological, moral and political ideologies are unable to. Ecology privileges no particular people or way of life. It does, however, promote Indigenous humanity as affirmed in Article 1 of the 1966 UNESCO Declaration of the Principles of International Cultural Co-operation: “Each culture has a dignity and value which must be respected and preserved” (Office of the High Commissioner for Human Rights, 1966). In the Eurocentric versions of humanity, this concept is sometimes referred to as cultural diversity; yet Indigenous peoples prefer the concept of Indigenous humanities.

Óscar Romero and the Politics of Sainthood

2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson
Keyword(s):  
Human Rights ◽  
Civil War ◽  
El Salvador ◽  
The Other ◽  
Post Colonial ◽  
Holy See ◽  
The Poor ◽  
The Face ◽  
Crisis Of Modernity ◽  
The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

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