In Afghanistan, minorities are subjected to harassment, intimidation and even death by Islamic fanatics and conservative leaders as they try to impose their own interpretation of religious scriptures and punish those who do not agree with their interpretation of religious precepts and follow their rulings. Application of such measures has impacted the safety and security of the gender-minority community, as its members are forced to hide their identities, and cannot speak about their sexual orientation. Government agencies and civil society organizations do not advocate for the rights of this community, and deliberately avoid any discussion about them, fearing a backlash from religious vigilantes, conservative religious leaders and clerics. A lack of public education and social awareness programs about the gender-minority community has contributed to the perpetuation of discrimination, hatred and bigotry toward them − a community that is part and parcel of the social fabric of modern Afghanistan.
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.