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South Africa after Apartheid

Policies and Challenges of the Democratic Transition

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Edited by Arrigo Pallotti and Ulf Engel

As South Africa has entered the third decade after the end of apartheid, this book aims at taking stock of the post-apartheid dynamics in the, so far, often less-comprehensively analysed, but crucial fields of APRM-relevant politics, social development, land and regional relations. In the first part of the book an analysis of some structuring domestic features of post-apartheid South Africa is provided, with a focus on political processes and debates around gender, HIV/AIDS and religion. The second part of the volume focuses on the land question and part three is looking at South Africa’s role in the Southern African region.

Contributors are: Nancy Andrew, Nicholas Dietrich, Ulf Engel, Harvey M. Feinberg, Anna-Maria Gentili, Preben Kaarsholm, Mandisa Mbali, David Moore, Arrigo Pallotti, Roberta Pellizzoli, Chris Saunders, Timothy Scarnecchia, Cherryl Walker, Lorenzo Zambernardi, and Mario Zamponi.

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Hyunjin Kim

Korean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts. Re-conceptualizing pension entitlements as the object of property division through Court rulings and legislation deserves to be highly evaluated. It is also noteworthy that a belated but wise establishment of the state agency to enforce child support obligations and its soft landing may be seen.

J. Bruce Jacobs

The Kaohsiung Incident of 1979-1980 disturbed Taiwan’s dictatorship and ultimately contributed to Taiwan’s democratization. This book analyzes the precursors to the Kaohsiung Incident, the Kaohsiung Incident itself, the following trials and the contributions of these events to Taiwan’s democratization.
After the indictments were issued, the murder of the mother and twin daughters of Lin I-hsiung, one of the defendants, shocked Taiwan and the world. The government accused the author, a well-known scholar of Taiwan, of being involved in the murder case and he was placed under “police protection” for three months. Part 2 of this book is the writer’s memoir of that period.

Beyond Parliament

Human Rights and the Politics of Social Change in the Global South

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Horman Chitonge

In Beyond Parliament Horman Chitonge offers a unique combination of the conceptual dimensions with the practical examples of human rights discourse deployed as an instrument for social change in the global south. He uses the right to water and the right to food to illustrate that human rights are never given on a silver platter; giving effect to human rights is always an outcome of a continuous struggle to protect human dignity and value. To implement this view of human rights, the book argues, requires going beyond the parliamentary politics of recognising and acknowledging human rights in statutes and bill of rights to the radical democratic politics of giving effect to the recognised rights, especially among the poor and marginalised.

Mass Atrocities, Risk and Resilience

Rethinking Prevention

Edited by Stephen McLoughlin

Mass Atrocities, Risk and Resilience examines the relationship between risk and resilience in the prevention of genocide and other mass atrocities and explores two broad areas of neglect. In terms of prevention, there is very little research that analyzes how local and national actors manage the risk associated with mass atrocities. In the field of comparative genocide studies, to date there has been very little interest in examining negative cases. Although much is known about why mass atrocities occur, much less is established about why they do not occur. The contributions in this book address this neglect in two important ways. First, they challenge commonly-accepted approaches to prevention. Second, they explore negative cases in order to better understand how local and national actors have mitigated risk over time.

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Bertrand G. Ramcharan

This book has emerged out of the author's experience as Director of an innovative peacemaking, peacekeeping and humanitarian initiative, the International Conference on the Former Yugoslavia, between 1992 and 1996. What was striking about this conference was the experiment of two full-time Co-Chairmen, one from the United Nations and one from the European Union, who laboured tirelessly for peace in different parts of the former Yugoslavia for three and a half years. The strategies and organization of the conference had to be pieced together from the start by the Co-Chairmen and their colleagues; only in retrospect could the question whether there might have been experiences of international peace conferences that might have been useful at the beginning of this process be reviewed. This research is contained in Part One of this book, which offers a review of the role of international peace conferences in history. Part Two contains a case study of the strategies and experiences of the International Conference on the Former Yugoslavia.

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Edited by Jacky Bouju and Mirjam de Bruijn

Ordinary social violence, - i.e. recurrent mental or physical aggression occurring between closely related people - structures social relationships in Africa, and in the world. Studies of violence in Africa often refer to ethnic wars and explicit conflicts and do not enter the hidden domain of violence that this book reveals through in-depth anthropological studies from different parts and contexts in Africa. Ordinary violence has its distinctive forms embedded in specific histories and cultures. It is gendered, implicates witchcraft accusations, varies in rural and urban contexts, relates to demographic and socio-economic changes of the past decades and is embedded in the everyday life of many African citizens. The experience of ordinary violence goes beyond the simple notion of victimhood; instead it structures social life and should therefore be a compelling part of the study of social change.

Development and Equity

An Interdisciplinary Exploration by Ten Scholars from Africa, Asia and Latin America

Edited by Dick Foeken, Ton Dietz, Leo de Haan and Linda Johnson

A quarter of a century ago His Royal Highness Prince Claus of the Netherlands (1926-2002) formulated his statements on ‘development and equity’. To honour him and his work, a professorial chair in ‘development and equity’ was established in 2003: the ‘Prince Claus Chair’. On the occasion of the tenth anniversary of the Chair, a conference was held in The Hague in November 2012. Each of the ten chair holders presented a paper written from his/her own perspective. These papers have been brought together in this book and show the diversity and richness of the theme. The volume also includes three essays by the promising young scholars who were judged to be the top three in a competition for the best Master’s thesis in ‘development, equity and citizenship’.

Access to Information in Africa

Law, Culture and Practice

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Edited by Fatima Diallo and Richard Calland

For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.

Unity in Connectivity?

Evolving Human Rights Mechanisms in the ASEAN Region

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Vitit Muntarbhorn

In Unity in Connectivity? Evolving Human Rights Mechanisms in the ASEAN Region, Vitit Muntarbhorn discusses developments concerning the growth of human rights institutions and processes in the regional space known as the Association of Southeast Asian Nations (ASEAN). Several countries have now set up national human rights commissions.

At the regional level, the ASEAN Intergovernmental Commission on Human Rights was established recently. This is complemented by a sectoral body dealing with women’s and children’s rights, and another body dealing with migrant workers. Vitit Muntarbhorn analyses these developments from the angle of key challenges facing the region, the need for more checks and balances, and prospects for more effective protection of human rights.

This publication has been facilitated by the Ateneo Human Rights Centre of Ateneo de Manila University, the Philippines.