Challenging the Argentine Melting Pot: Peronism, Hispanidad, and Cultural Diversity

On 12 October 1947, Argentine President, Juan Domingo Perón, used the events of the Hispanidad Day to extoll the Spanish heritage in Latin America. Within a few years, however, Perón well understood the futility of using Hispanidad as the basis of a new national consciousness for the Argentine immigrant society. Instead, he opted for a corporative mode of political representation under the aegis of the ‘organized community’. This model was designed to be of an inclusive nature and to offer space not only to different social groups, but also to the variety of ethnic and immigrant groups of Argentine society. This new concept of corporative citizenship facilitated a heightened recognition of collective rights, which manifested in the gradual integration of Argentines of Jewish, Arab, or Japanese origins in the political system, as well as that of indigenous peoples’ movements. By the early 1950s, Peronism had adopted a more inclusive perspective and began to demonstrate respect for all religions. Peronism aspired to confront the transgressions of the privileged few by protecting the rights of minorities and marginalized groups. Thus, it also challenged the traditional melting pot with its emphasis on White, European, and Christian Argentines.

Die Rechte indigener Völker im Menschenrechtssystem

This textbook offers insights into the recently established special rights regime on indigenous peoples’ rights at international level. The reader is guided from the early beginnings of this issue in the 1970s to current jurisprudential developments. International and regional norms are introduced and contrasted with societal and political challenges. The book also opens broader debates on the politics of recognition and decolonisation, multilateral systems and global governance, the pluralisation of society and its institutions, collective rights and the meaning of civil, political, economic, social and cultural rights. This group-specific field of the international human rights protection system is viewed through the lenses of international law and socio-political approaches.

Bolivian Indigenous Groups’ Legal Agency: What does it Entail?

The uniquely novel constitutional setting in Bolivia establishes the recognition of indigenous collective rights, indigenous jurisdictions, and indigenous institutions. However, many indigenous groups are uncomfortable with this judicial machinery, which portrays them as vulnerable groups before the legal system. This article highlights the Bolivian indigenous groups’ dissatisfaction and proposes a conceptual framework to address the apparent legal inequality from a socio-legal approach.

TRANSCENDING THE INDIVIDUAL/COLLECTIVE MINORITY RIGHTS DIVIDE: A PROCEDURAL SOLUTION

Relying on examples from international, EU and comparative law and drawing on insights from the class action literature, this article argues that important advances in minority rights protection can be achieved without the revision of substantive legal provisions and the full-scale embracing of collective rights. Allowing minority members to present their claims on behalf of a larger group (collective procedure), even when such claims ultimately rest on the rights of individuals as opposed to those of the group, strengthens minority rights and can transform our vision of them. An overview of eight interrelated benefits shows not only how these advantages occur, but also why the procedural approach avoids the issues that motivate negative critiques of group rights.

Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

China's data export rules create new risks

Significance This is the latest step in China's rapidly expanding data protection regime, building on the Data Security Law which took effect in September and the Personal Information Protection Law, which took effect in November. Impacts The rules will affect not just digital firms but all multinational firms that collect data from subsidiaries in China. It may sometimes be preferable to localise data analysis and circulate reports based on data rather than the raw data itself. The government will partially outsource enforcement to collective rights organisations to file class action lawsuits. Compliance costs will rise significantly, which may cause some companies to consider leaving China.

POLOŽAJ REPREZENTATIVNIH SINDIKATA I SINDIKALNIH PREDSTAVNIKA U REPUBLICI SRBIJI

Author in the paper analyze the position of representative trade unions and trade union representatives in the Republic of Serbia. The largest percentage of employees in the Republic of Serbia exercises their collective rights through trade unions. There is a difference between representative unions and those that are not. In addition to the provisions of the Labor Law, the position of trade union representatives in the Republic of Serbia is additionally regulated by collective agreements. They enjoy an increased level of protection, because they come into conflict with the employer when performing the union function. In the paper, the author points out certain open issues related to the regulation of the position of trade unions and trade union representatives and makes proposals for their solution.

Prawa podstawowe w systemie konstytucyjnym Niemieckiej Republiki Demokratycznej

The German Democratic Republic, as a state of real socialism, guaranteed its citizens, in addition to classical individual fundamental rights, also collective rights. Their use was made conditional, depending on the fulfilment of obligations specified in the Constitution. In the GDR, there were no independent bodies and mechanisms to protect the rights of citizens. Constitutional system of fundamental rights was primarily serving the good of the community and the development of a modern socialist state.

The State of Democracy in Asia and the Pacific 2021: Old Resilience, New Challenges

The Covid-19 pandemic initially broke out in the Asia and the Pacific region in late 2019, with the first cases in Wuhan, China. The pandemic has served as a magnifier of pre-existing democratic strengths and weaknesses within governing systems around Asia and the Pacific. In the majority of cases, the region’s hybrid and authoritarian regimes tightened their grip on society in response to the pandemic. Quality of democracy continued to decline in number of region’s democracies. Despite these challenges, in its response to the Covid-19 pandemic, the Asia and the Pacific region has demonstrated impressive democratic resilience and innovation. In contrast to other regions, several countries already had legal and institutional frameworks in place tailored to dealing with global health emergencies and were able to activate these rapidly. Importantly, experiences by several Asian countries have highlighted the fact that such a crisis can be contained while respecting legal constraints and coordinating across an array of elected and unelected institutions. All democracies needed to balance between individual and collective rights. This Report provides lessons and recommendations that governments, political and civic actors, and international democracy assistance providers should consider in order to counter the concerning trends in the erosion of democracy, and to foster its resilience and deepening.

The Survey of Use and Ownership Rights in Finnmark – A Change of Direction?

In 2008, the Finnmark Act initiated a process of surveying land rights the Sámi and others may have in Finnmark, the core Sámi area of Norway. The Finnmark Commission, which was established to conduct the survey has completed six investigations. The assessments and conclusions in the first five reports are so similar in terms of collective rights appears as cut from the same cloth. In December 2019, the Commission presented its sixth report, which covers the municipality of Karasjok, a community with a Sámi majority. This report marks a significant change from the previous ones, as the Commission for the first time concludes that the people in an investigation field own their outlying areas. This article examines how the Commission arrived at that result, pointing out that it is more an outcome of a different approach to the legal history and international law, than substantive differences in factual circumstances.