scholarly journals The Constitutional Hurdles to Exercise Secession Right and Arguments on its Inclusion in the Ethiopian Constitution

2020 ◽  
Vol 26 (40) ◽  
pp. 37-47
Author(s):  
Teshale Shambel
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Ethnic Groups ◽  
Democratic Republic ◽  
Self Determination ◽  
Political Debate ◽  
The World ◽  
The Right

AbstractThe right to self-determination is one of the human rights enshrined under the Ethiopian constitution. It is also one of the rights mentioned under ICCPR and ICESCR as well as the constitutions of different countries. Being unique to many other human rights instruments and constitutions in the world, the Ethiopian constitution includes the unconditional right to secession as a part of self-determination for every one of the ethnic groups (nations, nationalities, and people) in the country. As argued among many scholars, the inclusion of unconditional secession as a part of self-determination right in the Ethiopian constitution was based on the wrong narrative that nations, nationalities and people in the country were oppressed. Thus, it is a point of political debate between elites and became the major cause of widening the divergence among views of different political parties in the country. Of course, within the constitution, there are hurdles that can potentially deny exercising of this right. Therefore, this study qualitatively analyses the impracticability of secession and unacceptability of narratives to its inclusion in the constitution of the federal democratic republic of Ethiopia.

scholarly journals Declaration as Disavowal: The Politics of Race and Empire in the Universal Declaration of Human Rights

2018 ◽  
Vol 47 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Emma Stone Mackinnon
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
Racial Politics ◽  
Universal Declaration ◽  
Self Determination ◽  
The World ◽  
Imperial Politics ◽  
Racial Domination ◽  
Politics Of Race ◽  
The Right

This article argues that the Universal Declaration of Human Rights (UDHR), by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I consider the drafting of the UDHR, using as an entry point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights.

External and Internal Secession in Ethiopia’s Multinational Federation

2021 ◽  
pp. 1-28
Author(s):  
Christophe Van der Beken
Keyword(s):  
Human Rights ◽  
Ethnic Groups ◽  
Self Determination ◽  
Group Rights ◽  
Unity In Diversity ◽  
The Right

Abstract The ethno-territorial nature of Ethiopian federalism finds its constitutional foundation in Article 39 of the Constitution. Article 39 grants a right to self-determination to all of Ethiopia’s ‘nations’, ‘nationalities’ and ‘peoples’. The right to self-determination as conceived by Article 39 is comprehensive and has both so-called internal (such as the right to territorial autonomy) and external dimensions (the right to secession). This article argues that these constitutional provisions display weaknesses and gaps since they affect the achievement of the constitutional objectives and involve serious risks for the rights of (persons belonging to) other ethnic groups. Although the right to self-determination is one of the fundamental constitutional principles, so is the respect for individual and group rights. Furthermore, the unity in diversity objective of the Constitution requires equilibrium between ethnic empowerment and human rights. The article therefore provides a number of legal recommendations to address these gaps and weaknesses.

Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

scholarly journals Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections

2018 ◽  
Vol 26 (3) ◽  
pp. 339-365
Author(s):  
Derek Inman ◽  
Dorothée Cambou ◽  
Stefaan Smis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Regional Level ◽  
Self Determination ◽  
African Continent ◽  
African Context ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
The Right

Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

scholarly journals ARKTISKE FOLK SOM STATISTER OG AKTØRER PÅ DEN GLOBALE SCENE

1996 ◽  
Author(s):  
Frank Sejersen
Keyword(s):  
Indigenous Peoples ◽  
Daily Life ◽  
Self Determination ◽  
The Arctic ◽  
Extreme Pressure ◽  
Political Work ◽  
The World ◽  
Cultural Processes ◽  
Arctic Communities ◽  
The Right

Frank Sejersen: Arctic people as by-standers and actors at the global stage For centuries, the indigenous peoples of the Arctic have been perceived as isolated from the rest of the world. The article argues that secluded Arctic communities do not exist and that Arctic peoples are integrated into numerous political, cultural and economic relations of a global extent. The pre-colonial inter-continental trade between Siberia and Alaska and the increased militarization the whole circumpolar region are but two examples. Throughout history, indigenous peoples of the Arctic have been players on the global stage. Today, this position has been strengthened because political work on this stage is imperative in order to secure the welfare and possibilities of local Arctic communities. To mention an example, Arctic peoples’ hunting activities have been under extreme pressure from the anti-harvesting movement. The anti-harvesting organizations run campaigns to ban hunting and stop the trade with products from whales, seals and furbearing animals. Thus, political and cultural processes far from the homeland of Arctic peoples, have consequences for the daily life of many Arctic families. The global stage has become an important comerstone in indigenous peoples’ strive to gain more control over their own future. The right to trade, development and self-determination are some of the rights they claim.

scholarly journals What and who prevent the Kurdish people from exercising their right to self-determination?

2020 ◽  
Vol 16 (2) ◽  
pp. 293-302
Author(s):  
Dzhamal Z. Mutagirov ◽  
Keyword(s):  
Social System ◽  
Self Determination ◽  
System Study ◽  
Equal Rights ◽  
Native Languages ◽  
World Community ◽  
The World ◽  
The Right ◽  
United Nations Charter ◽  
Methodological Aspects

It will soon be 75 years since the United Nations Charter proclaimed the equal rights of peoples including their right to self-determination, as well as the obligations of countries — members to protect these rights collectively. In 1966, the International Covenants on Human Rights were signed and entered into force in 1976. So began with the confirmation of the right of peoples to self-determination and clarification of the content of this right. In subsequent decades, the UN and continental organizations have adopted hundreds of international agreements on certain as- pects of people’s rights (to choose a social system, study in native languages, to development and progress, etc.). However, many ethnic groups still cannot use their lawfully granted rights due to reasons which are beyond their control. The author of the article provides an explanation of the reasons preventing people from realizing the selfdetermination right recognized by the world community on the example of the Kurdish people. The theoretical and methodological aspects of the problem may be equally applicable to other peoples who, against their will, find themselves in multinational states.

scholarly journals A EDH NA EDUCAÇÃO BÁSICA SEGUNDO O PMEDH E O PNEDH: DIREITO UNIVERSAL E PRÁTICA QUE RESGUARDA A DIVERSIDADE

2019 ◽  
Vol 24 (2) ◽  
pp. 315-337
Author(s):  
Cristiani Pereira de Morais Gonzalez ◽  
Maria Creusa De Araújo Borges
Keyword(s):  
Human Rights ◽  
Local Community ◽  
Basic Education ◽  
Educational Practice ◽  
Human Rights Education ◽  
Descriptive Research ◽  
Primary And Secondary Education ◽  
National Human ◽  
The World ◽  
The Right

A partir de uma pesquisa teórico-normativa e descritiva, busca-se descrever a Educação em Direitos Humanos (EDH) na educação básica, que está traçada na 1ª fase do Programa Mundial para Educação em Direitos Humanos (PMEDH) e no Plano Nacional de Educação em Direitos Humanos (PNEDH). Consoante o primeiro, a EDH na educação básica é direito de todas as crianças, e prática educativa que deve ser desenvolvida nos sistemas de ensino primário e secundário; e, segundo o último, ainda, na comunidade escolar em interação com a comunidade local. Constata-se que a concepção de EDH contida nesses documentos é permeada pelo elemento da universalidade, havendo resguardo da diversidade quanto à prática.  Based on a normative and descriptive research, the goal is to describe Human Rights Education (HRE) in basic education that is outlined in the first phase of the World Program for Human Rights Education (WPHRE) and in the National Human Rights Education Plan (NHREP). According to first, HRE in basic education is the right of all children and the educational practice that must be developed in primary and secondary education systems; and, according to latter, still in the interation between the school community and the local community. It is verified that the concept of HRE contained in these documents is permeated by universality, protecting the diversity in the practice.

scholarly journals Constitutional Dilemma of Pakistan: 1947 -1956

2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari
Keyword(s):  
Human Rights ◽  
Political Leadership ◽  
Deep Insight ◽  
Constitutional Development ◽  
The World ◽  
Refugee Problem ◽  
The Right ◽  
The Given ◽  
The Relationship ◽  
Insight Into

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.

scholarly journals How to uphold a Human Right in the World and Indonesia? A Book Review Hukum Hak Asasi Manusia, Rahayu Hartini, Badan Penerbit Universitas Diponegoro, Semarang, 2015, 408 Pages, ISBN 978-979-70490-6-5

2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar
Keyword(s):  
Human Rights ◽  
Class Group ◽  
Law Students ◽  
Human Beings ◽  
Human Rights Law ◽  
Human Right ◽  
The Public ◽  
The World ◽  
The Right

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.

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