scholarly journals Malaysia’s Refugee and Asylum-Seeking Children: A Child Rights Perspective

2020 ◽  
Vol 10 (2) ◽  
pp. 97-119
Author(s):  
Abdullah Khoso ◽  
Hanafi Hussin

This article has exhibited the child rights framework's relevance while assessing and analysing voiceless Malaysian refugee and asylum-seeking children's status. The secondary data has been segregated, themed and analysed under the child rights framework related to refugee and asylum-seeking children. The article argues that refugees and asylum-seeking children in Malaysia are treated as outsiders and threats to the social fabric; this rhetoric against refugees and asylum-seeking children has shaped Malaysia’s excluded legal and social treatment towards such children. It has also exacerbated the painful and excluded experiences of such children. The article also argues that only frameworks do not bring the desired results if the state constantly thrives on racialised politics. The analysis shows these children are subject to various social, economic, political, legal and normative issues, which have compelled them to live a quite stressful and challenging life. These children's difficult experiences show serious deficiencies and problems in the government structures and functions, which this article believes are the desired outcomes of Malaysia’s legal, political and social approach towards these children. The analysis also indicates that the UNCRC’s child protection systems and mechanisms (and the international community) are also unable to pursue the state to stop it making its independent choices in matters dealing with a vulnerable group of children and recognising them the rights holders rather as threats. The complexities and challenges in implementing such children’s rights also lie in the roles of the two separate mandate holders (i.e. UNHCR and UNICEF).

1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.


Author(s):  
Luana Faria Medeiros

POLITICAL GEOGRAPHY AND THE MINERAL SECTOR: the legislative propositions that impact the management of the territories with mining in the state of Pará – 2011 to 2016GEOGRAFÍA POLÍTICA Y EL SECTOR MINERO: las proposiciones legislativas que impactan la gestión de los territorios con la minería en el estado de Pará – 2011 a 2016O presente trabalho tem o objetivo de resgatar o campo da política na Geografia, no contexto da atividade mineral no estado do Pará, principalmente diante de vários entendimentos de que os conflitos de interesses nas sociedades e nos territórios se resolvem também pelo viés político; partindo de uma leitura teórica do conceito de território, poder e política, onde essa tríade será determinante para o entendimento das proposições legislativas dos anos de 2011 a 2016 voltadas para a mineração, e da análise da gestão política e territorial no setor mineral paraense e seus impactos na sociedade a partir das políticas públicas. A relevância da pesquisa está no aspecto político que envolve a tomada de decisão que é essencialmente importante nas relações sociais de poder do Governo do Estado do Pará que, materializadas, causam impactos no território com mineração, sobretudo na utilização da taxa mineral, instrumento regulador de ação no território.Palavras-chave: Território; Poder; Política; Mineração.ABSTRACTThe present work aims to redeem the field of politics in geography, in the context of the mineral activity in the state of Pará, mainly faced with various understanding that conflicts of interests in societies and territories also resolve by bias Political; Starting from a theoretical reading of the concept of territory, power and politics, where this triad will be decisive for the understanding of the legislative propositions of the years of 2011 to 2016 focused on mining, and the analysis of the political and territorial management in the mineral sector Pará and Its impacts on society from public Policy. The relevance of the research is in the political aspect which involves the decision making which is essentially important in the social relations of the Government of the state of Pará that, materialized, cause impacts on the territory with mining, especially in the use of the mineral rate, Action-regulating instrument in the territory.Keywords: Territory; Power; Policy; Mining.RESUMEN El presente trabajo pretende redimir el campo de la política en geografía, en el contexto de la actividad minera en el estado de Pará, frente principalmente a diversos entendimientos de que los conflictos de intereses en sociedades y territorios también se resuelven por sesgo Política. A partir de una lectura teórica del concepto de territorio, poder y política, donde esta tríada será decisiva para la comprensión de las proposiciones legislativas de los años de 2011 a 2016 se centró en la minería, y el análisis de la gestión política y territorial en el sector minero de Pará y Sus impactos en la sociedad de la política pública. La relevancia de la investigación está en el aspecto político que implica la toma de decisiones que es esencialmente importante en las relaciones sociales del gobierno del estado de Pará que, materializadas, causan impactos en el territorio con la minería, especialmente en el uso de la tasa mineral, Instrumento de regulación de la acción en el territorio.Palabras clave: Territorio; Poder; Política; Minería.


Author(s):  
Mosgan Situmorang

<p>Dalam Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum dikatakan bahwa pemberi bantuan hukum adalah lembaga bantuan hukum atau organisasi kemasyarakatan yang memberi layanan bantuan hukum. Jasa hukum yang diberikan kepada penerima bantuan hukum adalah cuma-cuma, dalam ar Ɵ mereka Ɵ dak mendapat upah dari pihak yang dibantunya, namun pemerintah akan memberikan dana bantuan untuk se Ɵ ap kasus yang ditangani yang besarnya disesuaikan dengan jenis kasusnya. Dana bantuan tersebut memang Ɵ dak akan diberikan kepada semua organisasi bantuan hukum, tetapi hanya kepada organisasi bantuan hukum yang sudah memenuhi syarat sesuai dengan Undang-Undang Bantuan Hukum. Karena dana tersebut berasal dari Anggaran Pendapatan dan Belanja Negara, maka tentu saja akuntabilitas organisasi bantuan hukum yang menerima dana tersebut harus dapat dipertanggung jawaban kepada masyarakat. Tulisan ini adalah berupa kajian norma Ɵ f, dengan demikian data yang digunakan adalah data sekunder berupa bahan primer yakni peraturan perundang undangan, utamanya Undang-Undang Nomor 16 Tahun 2011 dan undang- undang lain yang terkait serta bahan sekunder berupa bahan kepustakaan dan data dari internet. Dalam peneli Ɵ an ini disimpulkan bahwa Undang- Undang Bantuan Hukum sudah dapat mengan Ɵ sipasi perlunya akuntabilitas organisasi bantuan hukum tapi masih perlu di Ɵ ngkatkan dengan cara membuat aturan-aturan yang mendukung terciptanya akuntabilitas tersebut terutama peraturan mengenai standar bantuan hukum.</p><p>In Law No. 16 Year 2011 regarding Legal Aid, stated that legal aid provider is a legal aid organiza Ɵ on or community organiza Ɵ ons that provide legal aid services. Legal services provided by the legal aid organiza Ɵ on is free in the sense that they do not get paid from those who helped. However, the government will provide fi nancial assistance for each case handled that amount is in accordance with the type of case. The grant is not given to all legal aid organiza Ɵ ons but only to a legal aid organiza Ɵ on that has been quali fi ed in accordance with the Legal Aid Act. Because these funds come from the state budget of course accountability of legal aid organiza Ɵ ons receiving funds must be able to be an answer to the public. This paper is a norma Ɵ ve review, thus the data used are secondary data from the primary material i.e laws and regula Ɵ ons, especially Law No. 16 of 2011 and other laws related and secondary materials in the form of the literature and data from the internet.This study concluded that the Legal Aid Act was able to an Ɵ cipate the need for accountability of legal aid organiza Ɵ ons but it is need to be improved by making rules that favor the crea Ɵ on of accountability mainly standard rules regarding legal aid.</p>


2017 ◽  
Vol 14 (2) ◽  
pp. 283
Author(s):  
Imam Sukardi

The political concept of Alfarabi is derivated from the concept of Platonic, Aristotelian, and Islam. The ideal state is the state which is elaborated the universal values of humanism, not just limited to certain ethnic and nation which is emphasizing its obedience just to God, not the something else. In this paper, the writer tried to interpret the original works of Alfarabi which is directly related to his political thought and the other thinkers who are studying his political thought. In his political thought, Alfarabi emphasized that the main purpose of the state is to make the social-welfare for its citizens. Based on the organic theory, Alfarabi stated that the government of the state is just look-like the human organism system. In which, each of the existing element functioned to strengthen each other to achieve one goal. The ideal state for Alfarabi is the state which is having the goals for its citizen welfare, and who become the prime leader is a philosopher, who is having the prophetic character, having the wider knowledge, and able to communicate with al 'aql al fa’al trough al ‘aql mustafad. 


2018 ◽  
Vol 8 (2) ◽  
Author(s):  
Lusia Handayani ◽  
Munawar K. Nahrawi

<p>Food is the fundamental right of every human being. Communities or nations that are not satisfied with food sufficiency will have the potential to cause economic instability and even to bring down a government. Dependence on rice as a staple food can threaten economic and political stability when food is not adequately covered. One alternative that can be made to avoid the threat is to switch to other carbohydrates-based foods that grow in Indonesia, including sweet potato, cassava, arrowroot, and ganyong. However, those local food variety is still considered as second-class food, due to the persistence to rice-eating culture. Therefore, there is a necessity to create a local food campaign on internet media. The Internet is now growing into a medium capable to reach all kinds of people in a quick and precise manner. This descriptive study uses secondary data such as books and journals related to state defense and food security. The study finds that the use of internet as a medium for local food campaign to the community has not been implemented optimally, both by the government and non-government. In line with the rapid development of the internet and the importance of defending the country in all aspects, local food campaigns through internet media require the participation of all stakeholders.</p><p align="left"> </p><strong>Keywords</strong>: defending of the state, local food campaign, internet


2018 ◽  
Vol 3 (2) ◽  
pp. 404
Author(s):  
Tubagus Arya Abdurachman

The discussion of this research is the development of creative cities in a country is the result of the efforts of the government and creative actors in the city in the country. Creative city can not be separated from the potential of social capital that is owned by the people in the city. Social capital is a social organization concept that includes network of norms and social trusts that facilitate mutual coordination and cooperation including in developing the regional economy. This research aims to (1) know the contribution of social capital in making a creative city, (2) express the social capital and creativity of individuals and communities to realize creative city, and (3) know aspects of social capital that dominant influence on a creativity of the city. The method of this research is qualitative primary data with technic observation and indepth interview, also secondary data in the form of document and archive analysis from Bandung city as one of creative city in Indonesia. Research is done during 2015-2016. Conclusions this research are (1)Social capital that form trust, tolerance, cooperation, openness, and independence of the community greatly contributes in the creation of creative city because through the braided integration of social capital that forms a norm of behavior binding for its citizens to be creative and does not require material capital,(2)Individual urban creativity formed through the process of socialization of elements of social capital in the life of society to trigger creativity of individuals and society as a whole, and (3) The form of openness, tolerance, and cooperation are the dominant elements of social capital in growing the creativity of individuals and societyKeywords: Creatif city, Social capital


2020 ◽  
pp. 311-339
Author(s):  
Khushboo Jain

Childhood is believed to be a stage that requires protection, both in national and international policymaking realms. This essay looks at a few such intersections where lives of certain ‘categories’ of children have been gravely affected by laws meant for their protection and rehabilitation. Through detailed exploration of the making of the anti-child labour law and the category of railway children, this essay argues that repeatedly rehashed state plans of action to address child labour or children in railways situation are dysfunctional because they have abysmally failed to address it with the depth, diversity, and comprehensiveness required. This essay, touching upon case studies of child labour rescue raids conducted by the state in collaboration with NGOs and ethnographic accounts of children who have been rescued, and children who have defined their life and work in their own ways, attempts to explore how ‘childhood’ and ‘child agency’ have become a contested site between children, the existing state and NGO/legal activist/child rights groups discourses on child protection.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammad Mominul Islam

Purpose This study aims to conceptualize the basic Islamic marketing (IM) process according to Shari’ah, addressing some of the queries raised by scholars on halal and marketing. Design/methodology/approach A qualitative approach and content analysis have guided to shape segmentation, targeting and positioning (STP) with the help of secondary data from conventional and IM. Required Qur’anic verses and hadiths have been galvanized to shape STP in line with empirical evidence, showing potential marketing implications. Findings This study has accepted Islamic resources to segment markets, mentioning mankind, non-Muslims, Muslims, generic, halal and Islamic products. It has proposed to target mankind, non-Muslims markets with generic and halal products. Muslim marketers can target the pious Muslim consumers with Islamic products. For positioning, the halal certification has been suggested for the non-Muslim marketers and Islamization is for Muslim marketers. The whole process has been conceptualized in a single framework. Practical implications Marketers can have many product development ideas and basic guidelines and scholars may be able to sense some queries as to IM. Social implications This study has shown how inter-religious relationships can be harmonized with carrying out marketing functions to keep the social fabric following the Qur’anic verses. Originality/value This study has outlined the IM process as per Muslim and non-Muslim marketers’ needs under Shari’ah. Besides, it has answered some questions on halal and IM that has been hardly addressed before.


2000 ◽  
Vol 48 (2) ◽  
pp. 283-306 ◽  
Author(s):  
Carole Smith

A Foucauldian analysis of discourse and power relations suggests that law and the juridical field have lost their pre-eminent role in government via the delegated exercise of sovereign power. According to Foucault, the government of a population is achieved through the wide dispersal of technologies of power which are relatively invisible and which function in discursive sites and practices throughout the social fabric. Expert knowledge occupies a privileged position in government and its essentially discretionary and norm-governed judgements infiltrate and colonise previous sites of power. This paper sets out to challenge a Foucauldian view that principled law has ceded its power and authority to the disciplinary sciences and their expert practitioners. It argues, with particular reference to case law on sterilisation and caesarean sections, that law and the juridical field operate to manipulate and control expert knowledge to their own ends. In so doing, law continually exercises and re-affirms its power as part of the sovereign state. Far from acting, as Foucault suggests, to provide a legitimating gloss on the subversive operations of technologies of power, law turns the tables and itself operates a form of surveillance over the norm-governed exercise of expert knowledge.


2014 ◽  
Vol 38 (3-4) ◽  
pp. 359-388 ◽  
Author(s):  
Jack M. Bloom

Studies of social movements have often focused on the role of the state vis-à-vis social movements—in recent times using the concept of political opportunity structure to understand the options available to social movements. This article examines the internal conflicts within the ruling party in Communist Poland to show that a reciprocal process proceeded, in which both the social movement and the state found the choices of action available to them limited by the other, rather than just the social movement. The social upheaval that impacted the entire country brought about the rise of a reform movement within the ruling Polish United Workers Party, which prevented the government from acting as it preferred for a significant period of time. That reform movement, which would not have existed without Solidarity and certainly would not have brought about intraparty changes by itself, saw itself as connected to and dependent upon Solidarity. Party conservatives had to respond to and overcome the reformers before they could turn their full attention to ending the challenge Solidarity presented to the Communist system. In effect, for a time, Solidarity limited the political opportunity structure of the state, while the reverse was also true. While social movement scholars have long considered the possibilities and the limits on possibilities available to social movements because of the state or other external circumstances, this experience demonstrates that similar considerations must sometimes be contemplated with respect to the state.


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