Access To Justice of Citizenship Rights for Stateless Indonesian Migrant Workers’ Children In Sarawak, Malaysia

As one of the countries that ratified the United Nations Convention on the Rights of the Child in 1990 which was subsequently promulgated into the Child Protection Act, Indonesia is still unsuccessful in protecting children. This mainly occurs in the context of protection illegal migrant workers’ children who were born in the country where their parents work. In Sarawak, Malaysia, for instance, there are 43,445 stateless children. This study aims to portray the stateless children in Sarawak, Malaysia, and the efforts of the Indonesian government to protect their right to access justice. This research is normative-qualitative with observations and in-depth interviews with consultant general staff and Indonesian volunteers In Sarawak as one of the main research methods. The results of this study indicate that stateless condition makes it possible for the children to get other rights, such as education. Meanwhile, the Indonesian government has already made regulations and efforts to provide access to basic human rights for children of stateless migrant workers, including itsbat nikah abroad to legalize unregistered marriage among workers. However, it has not been fully successful because the problems are so complex that it needs to involve several parties, especially the Malaysian government, and plantation owners as employers of the migrant workers. Likewise, harder and more coordinated efforts are also needed to fulfill their citizenship right. (Sebagai salah satu negara yang meratifikasi Konvensi PBB tentang Hak Anak pada 1990 dan kemudian dikristalkan menjadi Undang-undang Perlidungan Anak, Indonesia ternyata belum sepenuhnya berhasil melindungi hak-hak anak. Ini utamanya berlaku dalam konteks perlindungan terhadap anak para buruh migran yang lahir dan tinggal di negara tempat orang tuanya bekerja. Di Sarawak, Malaysia, ada 43.445 anak-anak tanpa kewarganegaraan. Penelitian ini bertujuan memotret kondisi anak buruh migran ilegal tanpa kewarganegaraan di Serawak, Malaysia, serta menjelaskan upaya pemerintah Indonesia untuk melindungi hak-hak mereka. Penelitian ini bersifat normatif-kualitatif dengan observasi dan wawancara mendalam kepada pegawai Konsulat Jenderal dan relawan Indonesia sebagai salah satu metode penggalian data utamanya. Hasil dari penelitian ini menunjukkan bahwa status tanpa kewarganegaraan menghalangi anak-anak tersebut mengakses hak-haknya yang lain, semisal pendidikan. Sementara itu, pemerintah Indonesia sudah memiliki beberapa aturan tertulis dan berupaya memberikan akses keadilan bagi anak para buruh migran tersebut, termasuk melalui program itsbat nikah di luar negeri. Namun demikian, situasi belum sepenuhnya terkendali karena permasalahan yang begitu kompleks dan mengharuskan keterlibatan banyak pihak, utamanya pemerintah Malaysia dan para pemilik perkebunan. Perlu juga dilakukan upaya yang lebih keras dan terkordinasi agar hak-hak tersebut dapat terpenuhi.)

Republican Citizenship in French Colonial Pondicherry, 1870-1914

This work of historical sociology revisits and analyses the earlier part of the Third Republic (1870-1914), when France granted citizenship rights to Indians in Pondicherry. It explores the nature of this colonial citizenship and enables comparisons with British India, especially the Madras Presidency, as well as the rest of the French empire, as a means of demonstrating how unique the practice of granting such rights was. The difficulties of implementing a new political culture based on the language of rights and participatory political institutions were not so much rooted in a lack of assimilation into the French culture on the part of the Indian population; rather, they were the result of political infighting and long-term conflicts over status, both in relation to caste and class, and between inclusive and exclusive visions of French citizenship.

Interpreting Citizenship Amendment Act: Its Content and Context

India is endowed with a proud history of inclusive government and religious tolerance. Indian citizenship has always been firmly rooted in the country’s constitution, which lays priority on equality, regardless of gender, caste, religion, class, community or language. Attaching citizenship rights to religious affiliation runs counter to the letter and spirit of India’s Constitution and constitutional morality. The major thrust of the present article is to project government’s stance on the Citizenship Amendment Act, 2019, constitutional provisions in relation to the Act, thematic arguments of critics and constitutional experts on the matter, multifarious challenges ahead in respect of its implementation, by establishing the fact that any measure taken must remain in conformity with international norms and values and necessity of amending the law to do away with the arbitrary selection of countries and religious groups so that the current agitation can be easily tranquilised.

Moral wrongs, indigeneity and the enactment of farmer-herder conflicts violence in South-Eastern Nigeria

Existing studies of the farmer-herder conflicts (FHCs) in Nigeria have not explored the political ecology of the conflict in South-Eastern Nigeria (SEN). Using the political ecology framework (PEF), the paper examines the nature of the FHCs in Nimbo and Awgu areas in SEN. Data were collected through field observations and in-depth interviews. The paper shows that resource scarcity or reduced farming and grazing spaces did not engender violent FHCs in the study area. Instead, actions of the actors that are perceived to be morally wrong are critical. Allegations of moral transgression such as rape, kidnapping by herders and claims that a herder was used as a sacrifice by villagers triggered the violent episode. The pastoralists are discriminated against on the ground of indigenous belonging only after being alleged to have morally transgressed by kidnapping and raping women. However, on the ground that a herder was allegedly used as a sacrifice, they felt also wronged. While the herders are discriminated against based on their non-belonging in the community because they are not indigenous, they have mount resistance by emphasising their citizenship rights and using force to maintain access to grazing spaces, thereby amplifying the farmer-herder tensions. Thus, while identity has contributed to the FHCs violence, moral wrongs enacted and amplified it. The paper contributes to the literature by arguing that while what triggers FHCs may be moral wrongs, moral transgressions can heighten identity constructions that get implicated in practices of exclusion.

THE POSITION OF WOMAN’S POLITICAL RIGHTS IN ISLAM AND THE INDONESIAN CONSTITUTION

Women's political rights are often debated. Often deprived of women's rights. This is because women are often only involved in domestic or domestic matters. Basically, women's rights are the same as men's rights, including citizenship rights, education rights, opinion rights, and other rights. In connection with the position of women in obtaining political rights in the Islamic system and concept, it has been widely expressed. Some argue that Islam does not recognize political rights for women. There are those who view the same thing, there are also those who argue that Islam establishes and recognizes political rights for women except for being leaders of the state. This paper tries to describe the political rights of women in Islam and also explores the constitution of the Indonesian state. The method used is to conduct research on several literatures on politics in general regarding women's political rights and then compare them with one another.

The Art of Social Connection: Exploring Former Refugee and Host Society Integration via a Collaborative, Participatory Painting Project in Wellington City

<p>In light of the global humanitarian crisis, a climate of fear has arisen around refugees which is often exacerbated by the media perpetuating misinformation and negative stereotypes. Such misrepresentation is problematic as a skewed perspective of refugees, compounded with ethnic and cultural barriers to belonging, is leading to discriminatory practices in New Zealand. Thus, there exists an incongruence between New Zealand’s non-discriminatory equal citizenship rights in law; and refugee and ethnic discrimination and marginalisation in processes of social integration. To begin to bridge this incongruence, this research explores how theories of social connection may be practically applied to enable more equitable social outcomes. A scholar activist orientation was employed, informed by a participatory action research epistemology. These philosophical foundations influenced a qualitative multi-method methodology consisting of painting workshops, semi-structured interviews, participant observation, and public feedback. Within the workshops, former refugee and host society participants explored how concepts of home, belonging, and visibility within public space are imagined, normalised, and contested within everyday practices of inclusion and exclusion in Wellington. These themes were significant in enhancing understanding of participants’ unique experiences of displacement and place-attachment, and theorising how host societies might extend a more sincere welcome to newcomers. Applying a sociospatial relational framework to centralise participant interactions, I analysed how processes of social connection can begin to deconstruct negative refugee stereotypes, challenge normative conceptualisations of belonging, and enhance former refugees’ access to citizenship rights. As New Zealand prepares to raise the annual refugee quota, such democratic explorations and representations of place are crucial in informing a multicultural social policy framework to guide equitable integration praxis and critical political debate.</p>

The Art of Social Connection: Exploring Former Refugee and Host Society Integration via a Collaborative, Participatory Painting Project in Wellington City

<p>In light of the global humanitarian crisis, a climate of fear has arisen around refugees which is often exacerbated by the media perpetuating misinformation and negative stereotypes. Such misrepresentation is problematic as a skewed perspective of refugees, compounded with ethnic and cultural barriers to belonging, is leading to discriminatory practices in New Zealand. Thus, there exists an incongruence between New Zealand’s non-discriminatory equal citizenship rights in law; and refugee and ethnic discrimination and marginalisation in processes of social integration. To begin to bridge this incongruence, this research explores how theories of social connection may be practically applied to enable more equitable social outcomes. A scholar activist orientation was employed, informed by a participatory action research epistemology. These philosophical foundations influenced a qualitative multi-method methodology consisting of painting workshops, semi-structured interviews, participant observation, and public feedback. Within the workshops, former refugee and host society participants explored how concepts of home, belonging, and visibility within public space are imagined, normalised, and contested within everyday practices of inclusion and exclusion in Wellington. These themes were significant in enhancing understanding of participants’ unique experiences of displacement and place-attachment, and theorising how host societies might extend a more sincere welcome to newcomers. Applying a sociospatial relational framework to centralise participant interactions, I analysed how processes of social connection can begin to deconstruct negative refugee stereotypes, challenge normative conceptualisations of belonging, and enhance former refugees’ access to citizenship rights. As New Zealand prepares to raise the annual refugee quota, such democratic explorations and representations of place are crucial in informing a multicultural social policy framework to guide equitable integration praxis and critical political debate.</p>

Urban Growth, Fuel Service Station Disasters and Policy Compliance in Ghana

Disasters associated with Fuel service stations (FSS) in Ghana have been debated severally and attracted policy attention, yet their mitigation strategies seem too far off and unimaginably unrealistic. Knowing that such disasters can limit enjoyment of citizenship rights, Ghana has developed safety standards geared towards mitigating their effects. Framed around the compliance theory and drawing on data from 150 residential owners located within 15.4m buffer zone and five state institutions, this article examined the extent of compliance with safety policies guiding FSS in Kumasi, Ghana. The results showed that compliance with safety policies was sinking into its bare existential levels as none of the facilities selected for the study passed all the 11 safety standards. The facilities also negatively affected residents who never considered their place of abode as perilous and that they live in zones of vulnerabilities. This situation it is argued, fundamentally affects development trajectory of the contemporary African city. It obviously obscures the realities of interrelated processes shaping urban disaster management. Even though the spring-up of FSS have catapulted economic growth, inherently they are also hazard-ridden. We suggest that in the broad scheme of urban planning, FSS safety policies must not be discussed in the margins.

Muslims and the Making of Modern Europe

Muslims have lived in Europe for hundreds of years. Only in 1878, however, did many of them become formal citizens of European states. Muslims and the Making of Europe shows how this massive shift in citizenship rights transformed both Muslims’ daily lives and European laws and societies. Starting with the Treaty of Berlin and ending with the eradication of the Shari’a legal system in communist Yugoslavia, this book centers Muslim voices and perspectives in an analysis of the twists and turns of nineteenth- and twentieth- century European history, from early nation-building projects to the shattering of the European imperial order after World War I, through the interwar political experiments of liberal democracy and authoritarianism, and into the Second World War, when Muslims, like other Europeans, were caught between occupation and civil conflict, and the ideological programs of fascism and communism. Its focus moves from Ottoman Europe in the late nineteenth century to Yugoslavia, a multi-confessional, multi-lingual state founded after World War I. Throughout these decades, Muslims negotiated with state authorities over the boundaries of Islamic law, the nature of religious freedom, and the meaning of minority rights. As they did so, Muslims helped to shape emergent political, social, and legal projects in Europe.