Legal reform or erasure of history? The politics of moral crimes in Afghanistan

ABSTRACT

In this article we reflect on our efforts to study the prosecution of moral crimes in Afghanistan. In the process of collating information about men and women imprisoned for moral crimes such as adultery, we found evidence that pointed to large-scale incarceration of men for the uncodified crime of elopement. After establishing this fact through a careful review of official data, the article considers two interrelated themes. First, we argue that government attempts to conceal its extralegal practices cannot be reduced to the question of a corrupt bureaucracy or weak governance. Rather, they reflect a fundamental tension between a modern state’s interest in projecting the rule of (codified) law and societal expectations arising from both Islamic and customary law. Second, we suggest that officials seek to address this conceptual tension between the different bodies of law through a complex process involving both accommodation and concealment. In day-to-day judicial practice, ‘assimilation’ refers to attempts to rely on sharia provisions to accommodate customary practices which have no counterpart in statutory law. ‘Dissimulation’ refers to bureaucratic actions aimed at concealing the actual practices which make such extralegal accommodations possible.     

Outmanoeuvring Defence: The Australian Debates over Gay and Lesbian Military Service, 1992

On 24 November 1992, Australia overturned its longstanding ban on gay and lesbian service in the Australian Defence Force. The ban was on the political agenda throughout 1992, though it was never a government priority or subject to mass protest. The debates over gay and lesbian military service have subsequently received scant attention from historians. The arguments against gay and lesbian service centred on troop morale, security concerns, fears of predatory homosexuals and the spread of HIV/AIDS. The arguments to permit gay and lesbian service hinged to an extent on principles of non‐discrimination, but even more so on international law. This article examines the debates in 1992 leading up to the repeal of the ban, focusing in particular on the Labor Party divisions and the ways international law influenced the decision‐making process.     

Authoritarian politics and economic reform in Uzbekistan: past,present and prospects

All the ex-Soviet Central Asian states have super-presidential, authoritarian regimes with poor human rights records. Using the Universal Declaration of Human Rights, the article shows that Uzbekistan has sometimes improved, when the economy has been good, and has a mixed record on religious, labor, and language rights. All these states are sensitive to outside pressures if applied tactfully but try to maintain their independence from all outside powers.     

Indonesia: The politics of inclusion

Much commentary on Indonesian politics since the fall of President Suharto in May 1998 has suggested that Indonesia's political system has remained just as exclusionary as it was prior to his fall, despite becoming much more democratic and decentralised. In contrast to this view, we argue that Indonesia's political system has become more inclusive, if only somewhat more so. The fall of Suharto and the subsequent process of democratisation have removed key obstacles to organisation by poor and disadvantaged groups and their NGO allies, making it easier for them to engage in collective action aimed at achieving pro-poor policy change. By making attainment of political office dependent on the support of the voting public, many of whom are poor and disadvantaged, these developments have also created an incentive for politicians to pursue policy changes that favour these groups or at least that appeal to them. At the same time, however, we argue that poor and disadvantaged groups have not become major players in the policy-making process. Despite the fall of Suharto and democratisation, these groups continue to lack the resources possessed by other participants in the policy-making process. Whereas the politico-bureaucrats and well-connected business groups have been able to exercise influence over policy by buying support within representative bodies such as parliament and mobile capital controllers, the IFIs and Western governments have been able to exercise influence by virtue of their structural power, poor and disadvantaged groups have had to rely on less potent ways of exercising influence such as holding demonstrations, engaging in lobbying activity and participating in public debates. We illustrate these points with reference to two policy issues: land reform and mining in protected forests. The article concludes by considering the future prospects for inclusive policy-making in Indonesia.     

The politics of China's peasant revolution

Abstract

Efforts to explain the success of the Chinese Communist revolution have preoccupied more than a few American historians and political scientists in recent years. Most of these scholars, following the trail blazed by George Taylor's The Struggle for North China, have focused attention on the War of Resistance period (1937–1945) in search of the factors responsible for the phenomenal growth in Communist power. Chalmers Johnson, with his famous thesis of “peasant nationalism,” emphasizes the importance of the Japanese invasion for rural mobilization in China. Mark Selden, by contrast, identifies the Communist Party's positive wartime policies—the “Yenan Way”—as the key to revolutionary victory. Carl Dorris, while agreeing with much of Selden's explanation, locates the source of these successful wartime policies not in the capital of Yenan, but in the guerrilla bases of North China, especially Jin-Cha-Ji.     

The politics of security reform in post-2011 Tunisia: assessing the role of exogenous shocks,domestic policy entrepreneurs and external actors

Abstract

In post—2011 Tunisia, the reform of the security sector has proceeded haphazardly, hindering security efficiency and lowering the overall effectiveness in countering threats. Since 2015, the combination of three factors — external shocks, international actors' pressures and domestic configurations of political power — have paved the way for a progressive overhaul of the efficiency of security agencies. Following the 2015 terrorist attacks, that destabilized the political system and risked derailing the trajectory of democratic consolidation, European powers exerted pressure to improve efficiency in the security sector. Lastly, these push factors needed an enabling condition, a strong presidency of the republic, to make the changes happen. The measures adopted reflect a technical and supposedly depoliticized view of reforms, in line with a broader post‐interventionist trend in Security Assistance. Based on process-tracing, the analysis of primary documents and several in‐depth interviews carried out between 2015 and 2017, the article illustrates the workings of the policy process in the security arena. It sheds light on the conditions that made possible the adoption of reforms, the role external actors played in pushing for change and in creating a new multilateral mechanism, the G7+, which produced an unintended set of domestic consequences.     

The dynamics of coalition politics in Japan

Over the past seven years, Japan's party system has undergone a transition from single-party rule to multi-party coalitions, albeit under continuing LDP dominance. The LDP's propensity for coalition politics has been influenced not only by the loss of its Diet majorities but by a number of other factors including the end of the polarized party politics of the Cold War period. In this article, Aurelia George Mulgan, Associate Professor of Politics at the University of New South Wales, Australian Defence Force Academy, explains the LDP's complex Diet management strategy underlying its choice of coalition partners. At the same time, Dr. George Mulgan argues that these strategies represent just a more developed form of the deal-making politics the LDP pursued during periods of evenly balanced Diet forces in the 1970s and 1980s. The key difference is the greater level of transparency and Diet-centered nature of inter-party negotiations.     

The pendulum of gender politics in Afghanistan

In the 1920s women appeared in French style attire on the streets. In the 1930s, women were prohibited to appear unveiled. In the 1950s, to appear unveiled became a choice and education was co-ed. In the 1960s and 1970s, some women worked with men, drove cars and sported mini-skirts. In the 1980s, some women danced in clubs, some worked in factories and the dowry was outlawed. In the 1990s, women were forced to take refuge in the veil from rival ethnic attacks. Thousands of women were abused and raped. For their ‘protection’, in the late 1990s, the Taliban outlawed the public appearance of women and prohibited them from participation in every aspect of public life. In 2003, female students again may appear unveiled on the university campus, but remain veiled out of campus for security concerns. Over all of these years, gender policies have swung like a pendulum, oscillating between the moderate and the extreme. Furthermore, all of the above were taking place in Kabul only—other conditions prevailed elsewhere in Afghanistan.     

The politics of Japan's free trade agreement

For a long time, the Japanese government showed awkward and indecisive attitudes towards trade policy. There was strong opposition from the two political actors — bureaucrats at the Ministry of Agriculture, Forestry and Fisheries (MAFF) and politicians in the ruling Liberal Democratic Party (LDP) — to market opening in the agricultural sector. This article highlights private interests and the public interest of MAFF bureaucrats and LDP politicians and examines how the evolving perception of the interests has influenced debates and the progress of free trade agreement (FTA) policy over agriculture. The central argument is that economic linkages and institutional cooperation in East Asia have changed basic interests of MAFF bureaucrats and LDP politicians, and such changes, then, have induced new moves in Japan's FTA policy towards countries of the region.     

The politics of indigenous land rights Brazil

Brazilian indigenous rights policy has been exclusionary. As a result indigenous people and their supporters have mobilised and politicised indigenous issues. Politicisation led to inclusion of indigenous rights in the 1988 Constitution. Nevertheless, evidence suggests that this process led to a retrenchment of interests opposed to indigenous rights. This analysis compares the asymmetric access to the policy‐formation process granted to political and economic interests and indigenous people. The argument is that democratisation has yet to open the policy‐making process to disenfranchised groups such as indigenous people. To illustrate the argument evidence of setbacks to indigenous land rights is examined.     

Energising ties: The politics of oil

India's growing energy needs are a key driver of commercial and diplomatic initiatives with Africa. It is also an area in which competition is rife with China and the US, but also other global players. The article details developments and production in Africa's energy sector and suggests ways that India could improve its relationship with the continent in this regard.     

Fighting with Goliath: The reform of the public health care insurance scheme in Germany,its potential to increase employment and alternative models of reform

Faced with steadily growing expenditures of the public health care insurance companies, rising statutory contributions for health care insurance and constantly high unemployment, the German government decided to introduce a reform of the public health care insurance scheme that came into force in January 2004. The first part of this paper discusses the reasons for the reform and presents its central elements. Since the reform was introduced to contribute to an increase of legal employment by a reduction of statutory contributions to the public health care scheme, I will discuss the reform's potential to increase employment. In the next step the paper illustrates alternative models of health care reform (citizen's scheme and individual health care premium) and compares their potential for job growth. Although the health care reform of the government considers both the need to reduce statutory contributions to public health care insurance and to ease income tax in order to compensate for higher individual payments for medical treatment, its potential for job growth is limited because it lacks support from the health care bureaucracy and the pharmaceutical industry. A reform of welfare state politics resembles a fight with a Goliath made up of powerful interest groups, a reluctant bureaucracy and uncertain socio-economic outcomes.     

Battles over boundaries: the politics of territory,identity and authority in three Ugandan regions

In Uganda, contested relations between the central government and sub-national regions have, since independence, shaped state formation and national identity in fundamental ways. Today, the country is characterised by regionally uneven state presence, and distinct sub-national identities and ongoing contestation over territorial demarcations, loci of authority and political identities. This article explores the politics of territory, identity and authority in three Ugandan regions in this context, in order to analyse the implications for exclusion and conflict at the sub-national level. This involves struggles over the territorial and administrative demarcations of and within regions; the loci and scope of authority with regards to these units; struggles over access to land; and the (non-)recognition of various cultural–political identities in these regions.