scholarly journals Identity and Nation: Comparing Egyptian and Israeli Bedouin Policy

2021 ◽  
Vol 2 ◽  
pp. 143
Author(s):  
Jessica Wisniewski
Keyword(s):  
Economic Policy ◽  
Human Rights ◽  
Indigenous Peoples ◽  
Political Systems ◽  
Political Organizations ◽  
Imagined Community ◽  
Global Order ◽  
Colonial Policies

In many ways, the Egyptian and Israeli states fail to 'see' the Bedouin and therefore situate them as a group "in but not of the global order," an order where nations and states represent contingent identities and socio-political organizations. However, the Bedouin are not legally recognized as a distinct nation nor as indigenous peoples in neither Egypt nor Israel, and Egyptian Nationalism and Zionism reject the Bedouin as part of their nation, or 'imagined community.' This concept of nationalism strongly influences policy, and as a result, leads to the discrimination of the Bedouin through internal colonial policies, land seizure, suspension of human rights, and exclusionary economic policy. Despite Egypt and Israel's different political systems, the outcome for the Bedouin in both countries is remarkably similar.

Liberating Afghan Women

2004 ◽  
Vol 21 (3) ◽  
pp. 70-88 ◽  
Author(s):  
Nancy Gallagher
Keyword(s):  
United States ◽  
Human Rights ◽  
Historical Context ◽  
The United States ◽  
Political Organizations ◽  
Way Of Life ◽  
Afghan Women ◽  
The Media ◽  
Policy Priority

Public opinion in the United States and elsewhere celebrated the liberation of Afghan women following the defeat of the Taliban government. The United States promised to stay in Afghanistan and foster security, economic development, and human rights for all, especially women. After years of funding various anti- Soviet Mujahidin warlords, the United States had agreed to help reconstruct the country once before in 1992, when the Soviet-backed government fell, but had lost interest when the warlords began to fight among themselves. This time, however, it was going to be different. To date, however, conditions have not improved for most Afghan women and reconstruction has barely begun. How did this happen? This article explores media presentations of Afghan women and then compares them with recent reports from human rights organizations and other eyewitness accounts. It argues that the media depictions were built on earlier conceptions of Muslim societies and allowed us to adopt a romantic view that disguised or covered up the more complex historical context of Afghan history and American involvement in it. We allowed ourselves to believe that Afghans were exotic characters who were modernizing or progressing toward a western way of life, despite the temporary setback imposed by the Taliban government. In Afghanistan, however, there was a new trope: the feminist Afghan woman activist. Images of prominent Afghan women sans burqa were much favored by the mass media and American policymakers. The result, however, was not a new focus on funding feminist political organizations or making women’s rights a foreign policy priority; rather, it was an unwillingness to fulfill obligations incurred during decades of American-funded mujahidin warfare, to face the existence of deteriorating conditions for women, resumed opium cultivation, and a resurgent Taliban, or to commit to a multilateral approach that would bring in the funds and expertise needed to sustain a long-term process of reconstruction.

When Rights Embrace Responsibilities

2018 ◽  
Author(s):  
Giulia Sajeva
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Economic Interests ◽  
Group Rights ◽  
Potential Applicability ◽  
Protection Of Human Rights ◽  
Relationship Of

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

The ECtHR, transregional dialogues and global constitutionalism

2020 ◽  
Vol 9 (3) ◽  
pp. 543-551
Author(s):  
WAYNE SANDHOLTZ
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Level System ◽  
Global Order ◽  
European Court ◽  
Human Rights Treaties ◽  
Global Constitutionalism ◽  
Multi Level ◽  
Global Law ◽  
Decentralized Mechanism

AbstractIn A Cosmopolitan Legal Order, Stone Sweet and Ryan suggest that ‘from the standpoint of global law, we see that the [European Court of Human Rights] has taken its place in a pluralist, rights-based international order, as one trustee of this global order’. This article is a preliminary attempt to evaluate signs of movement toward global rights review. A multi-level charter of rights exists in the network of international and regional human rights treaties and in national constitutions. An incipient structure of global rights review exists in the form of the regional human rights courts, which see themselves as trustees of the larger global human rights system. Judicial dialogue among the regional courts allows for informal, decentralized coordination among them. The European Court of Human Rights serves as a point of reference for the African and Inter-American systems, though these also cite each other. Transregional judicial dialogue establishes a rudimentary, informal and decentralized mechanism of coordination among bodies that exercise a review function in the multi-level system of international human rights.

Is There a Place for Minorities' and Indigenous Peoples' Rights within ASEAN?: Asian Values, ASEAN Values and the Protection of Southeast Asian Minorities and Indigenous Peoples

2010 ◽  
Vol 17 (1) ◽  
pp. 75-110 ◽  
Author(s):  
Byung Sook de Vries ◽  
Anna Meijknecht
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Indigenous Peoples ◽  
Culturally Diverse ◽  
Southeast Asian ◽  
Regional Level ◽  
Asian Values ◽  
Minority Protection ◽  
The World ◽  
The One

AbstractSoutheast Asia is one of the most culturally diverse regions in the world. Nevertheless, unlike minorities and indigenous peoples in Western states, minorities and indigenous peoples in Asia have never received much attention from politicians or legal scholars. The level of minority protection varies from state to state, but can, in general, be called insufficient. At the regional level, for instance, within the context of the Association of Southeast Asian Nations (ASEAN), there are no mechanisms devoted specifically to the protection of minorities and indigenous peoples. In December 2008, the ASEAN Charter entered into force. In July 2009 the Terms of Reference (ToR) for the ASEAN Inter-Governmental Commission on Human Rights were adopted. Both the Charter and the ToR refer to human rights and to cultural diversity, but omit to refer explicitly to minorities or indigenous peoples. In this article, the extent to which this reticence with regard to the protection of minorities and indigenous peoples is dictated by the concept of Asian values and ASEAN values is explored. Further, it is analysed how, instead, ASEAN seeks to accommodate the enormous cultural diversity of this region of the world within its system. Finally, the tenability of ASEAN's policy towards minorities and indigenous peoples in the light of, on the one hand, the requirements of international legal instruments concerning the protection of minorities and indigenous peoples and, on the other hand, the policies of the national states that are members of ASEAN is determined.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

Re-presenting Genocide: The Canadian Museum of Human Rights and Settler Colonial Power

2016 ◽  
Vol 1 (1) ◽  
pp. 5-30 ◽  
Author(s):  
Rita Kaur Dhamoon
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Colonial Power ◽  
National Narratives ◽  
Political Debates ◽  
The Holocaust ◽  
Settler Societies ◽  
Forced Movement

AbstractIn settler societies like Canada, United States, and Australia, the bourgeoning discourse that frames colonial violence against Indigenous people as genocide has been controversial, specifically because there is much debate about the meaning and applicability of genocide. Through an analysis of the Canadian Museum for Human Rights, this paper analyzes what is revealed about settler colonialism in the nexus of difficult knowledge, curatorial decisions, and political debates about the label of genocide. I specifically examine competing definitions of genocide, the primacy of the Holocaust, the regulatory role of the settler state, and the limits of a human rights framework. My argument is that genocide debates related to Indigenous experiences operationalize a range of governing techniques that extend settler colonialism, even as Indigenous peoples confront existing hegemonies. These techniques include: interpretative denial; promoting an Oppression Olympics and a politics of distancing; regulating difference through state-based recognition and interference; and depoliticizing claims that overshadow continuing practices of assimilation, extermination, criminalization, containment, and forced movement of Indigenous peoples. By pinpointing these techniques, this paper seeks to build on Indigenous critiques of colonialism, challenge settler national narratives of peaceful and lawful origins, and foster ways to build more just relations between Indigenous and non-Indigenous peoples.

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