The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples’ rights to land and resources in Malaysia. The principle is relevant in Malaysian common law which also subjects matters affecting fundamental liberties to procedural justice. Comparative perspectives provide models for practical applications of indigenous peoples’ rights. They assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform.
Ebenezer Durojaye and Mariam Wallet Med Aboubakrine
This article examines non-communicable diseases (ncds) as a challenge among indigenous population in Africa. From a rights-based perspective, the article considers some of the social determinants of health and other challenges that can aggravate ncds among indigenous groups in Africa. It further examines the recognition of the right to health of indigenous populations under international law. This is followed by a discussion on some of the barriers to addressing ncds among indigenous peoples in the region. It concludes by urging African governments to be more proactive in adopting measures grounded in human rights standards to address the rising incidence of ncds among indigenous peoples in the region.
Hungary has been praised by international monitoring bodies and scholars specializing in minority rights for being a pioneer in establishing a sophisticated cultural autonomy regime for the safeguarding of the cultural rights of its minorities, which could serve as a salient example for other countries too. However, after nearly twenty-five years of implementation, during which a major amendment of the original Act lxxvii of 1993 on the Rights of National and Ethnic Minorities (2005) took place, followed further by the adoption of a new Act clxxix on the Rights of Nationalities (2011), there continue to exist serious problems in the operation of the whole arrangement, putting in question its efficacy to adequately address the cultural needs of Hungary’s minorities and to serve as a model for exportation.
Naomi Birdthistle, Antoinette Flynn and Susan Rushworth
Ethnic entrepreneurship has emerged as an economic, societal, and political panacea to the growing number of refugees on the move across the globe. Employing the 2014 World Economic Forum framework, this article seeks to explore the Australian entrepreneurship ecosystem, to determine whether it is enabling migrants and/or refugees to become entrepreneurs with a focus on Syrian refugees. At its core, the Australian entrepreneurship ecosystem is comparatively strong in terms of human capital, accessible markets, and finance. Even within the three ‘core’ characteristics of the ecosystem, the Australian ecosystem falls short when examined through the lens of refugee entrepreneurs. Recommendations under the 2014 World Economic Forum framework are made that will assist key stakeholders in developing an entrepreneurial ecosystem.
Minority protection under the League of Nations (LoN) generated an unprecedented level of activity and debate on the topic, which in turn contributed to the general advancement of human rights. Nevertheless, it is also important to note that the League’s Secretariat developed rather conservative practices regarding the receivability of minorities’ petitions as well as on some important related decisions. Our perspective here contrasts with what is commonly found in the associated historiography, i.e. that the part played by the Minorities Section was rather neutral. Without downplaying the importance of some states’ resistance to the protection of minorities and its supervision, the Section’s narrow interpretation of the LoN jurisdiction is noteworthy, as is the absence of serious attempts to take advantage of the decisions in favour of minorities made by the LoN Assembly. The way the Section constructed the non-receivability of petitions, especially those which were ‘outside treaties’, illustrates our argument.
A. Aslı Bilgin
The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (eu) level, because of the absence of competence given to eu institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under eu law in the light of primary, secondary and eu case-law. While determining the legal framework on minority rights in the eu, not only the impact of the case-law of the cjeu on minority protection, but also the possibility of the cjeu’s power to establish an internal minority policy and the Member States’ approaches to an internal minority policy have been taken into consideration.
More than 75 per cent of the world’s known stateless belong to minorities. Building upon ethnographic research conducted between 2008–2017, this paper considers the case of ethnic Vietnamese minority populations in Cambodia. Members of this group are long-term residents, having been born and raised in the country for generations, with the exception of the period during the Khmer Rouge regime when they were forcibly deported to Vietnam. Since their return to Cambodia in the early 1980s, individuals from this group have been regarded by Cambodian authorities as ‘immigrants’. This paper examines how discriminatory policies, laws and administrative practices regulate individual and collective identities, while creating categories that determine social inclusion and exclusion. In doing so, this paper makes visible the ambivalence of law and rights – both as tools for the construction of exclusionary citizenship, but also as instruments which minorities to contest their social exclusion.
In Empirical Research and Workplace Discrimination Law, part of the series Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, the author considers the impact that empirical research is having on discrimination law and policy, and highlights fundamental gaps in existing empirical scholarship.
Belachew Girma Degefie
The Constitution of Ethiopia takes diversity seriously as a response to the country’s history. On the other hand, the Constitution does not protect minority groups to the extent that it promised in its Preamble, as has been observed for many years. This necessitates a system that at best fosters the interests of minorities and thereby contributes to establishing a legitimate government. This article recommends that a consociational arrangement protects minorities by enabling them to exercise autonomy at the municipal level and be represented in the federal government, thereby allowing them to participate in the federal law-making process. Executive power sharing allows ethnic groups to participate in the federal executive and feel that they are part of the government. Finally, minority veto allows them to veto laws that affect their vital interests such as language rights.