Birth Registration and Protection for Children of Transnational Labor Migrants in Indonesia

ABSTRACT

Policies on transnational labor migration do not consider workers' needs as parents or the rights and welfare of their children, including a child's right to an official identity through birth registration. A study of birth-registration decision making by migrant parents in Lombok, Indonesia underscored the need for targeted responses to uniquely challenging circumstances and priorities of migrant parents. Free birth registration through birthing and health centers and village-level leaders can overcome problems of decentralized implementation of national strategies and an exploitive registration brokerage industry, mitigating risks of de facto statelessness for children and a multigenerational pattern of undocumented and unsafe migration.     

Making the Newest Citizens: Achieving Universal Birth Registration in Contemporary Brazil

Identity documentation is essential to secure the rights, benefits, and services that modern states provide. Historically, significant numbers of poor Brazilians lacked core documents, beginning with a birth certificate. In recent years the government has conducted a campaign to rectify this situation. We explore why the state left so many Brazilians without a birth certificate previously and why it became intent on registering all births, as reflected in recent efforts to facilitate the process. Key in this regard is the movement from a social policy orientation that excluded poor Brazilians in the informal sector to one aimed at including them.     

Civil Society, ‘Traditional Values’ and LGBT Resistance to Heteronormative Rights Hegemony: Analysis of the UN Universal Periodic Review in the Russian Federation

Abstract

This study of lesbian, gay, bisexual and transgender rights in the Russian Federation uses frame analysis of civil society input into the UN Universal Periodic Review. It reveals a stark state–civil society ‘disconnect’ reflecting oppressive government practices, including Law No. 135-FZ on ‘non-traditional sexual relations’. This raises wider questions about the efficacy of the review system, not least because issues of performativity and legitimation can be seen to facilitate authoritarian resilience. This allows the ruling elite to continue to dissemble by espousing universal rights yet strategically framing them as heteronormative, integral to the protection of ‘traditional values’ and inimical to identity-based rights claims.     

A home of one’s own: women and home ownership in the borderlands of post-apartheid South Africa and Lesotho

This study explores women’s practice of acquiring, “growing” and multiplying a “home of one’s own” in the borderlands of the Free State province of South Africa and Lesotho. It shows how a home of one’s own confirms that one is a person proper (motho, p. batho), thus distinguishable from any other entity (ntho, p. dintho). A woman establishes a home of one’s own as a domain of autonomy (ha ka) where she can reproduce persons for whom she provides a home (heso). After her death, such a home remains an incubator of personhood. As a process of apprehending self, this gendered practice does not necessarily require men’s involvement, which is important in a social landscape of many female-headed households. Their gendered conception of residential property, alongside the possibility to let or sell homes, enables women to support theirs and others’ aspirations as the crisis of unemployment in the borderlands deepens.     

Hegel,Haiti and revolution: the post-colonial moment

Abstract

Susan Buck-Morss’s argument that the Haitian Revolution embodied the most universal aspect of the French Revolution, namely the quest for universal freedom, relies on the supposed references to Haiti in the master–slave dialogue in Hegel’s Phenomenology of Spirit. The revolution’s lodgement at the core of this foundational text of Enlightenment universalism is, for her, about as convincing a demonstration as one can have of the universal significance of the Haitian Revolution. Marxists have opposed her venture, and demonstrated their hostility to post-colonial thinking, principally by claiming that the master–slave is an expression of European class conflict. This paper agrees with Buck-Morss that the Haitian Revolution critically affirmed the principle of universal freedom and, indeed, pushed the revolution in France and Europe in a radical direction. A better affirmation of the universal significance of the Haitian Revolution than the thoughts of Hegel is possible. The latter do not actually provide such affirmation, because racism, Eurocentrism and a hostility to political radicalism are fundamental aspects of Hegel’s thought. The alternative affirmation can be found in Marxist analysis. This paper outlines such an analysis, and concludes that post-colonialism of Buck-Morss’s sort is no substitute for the perspective provided by historical materialism.     

The Ethiopian Orthodox Church in the Holy Land

ABSTRACT

The Ethiopian Orthodox Tawahedo Church community has had a presence in the Holy Land for at least several hundred years. Throughout most of this period it was composed of a small ecclesiastical corps of monastic clergy who sought to protect the national church’s rights at various holy places in the region of Christianity’s birth. Only in the twentieth century, were these clergy joined by lay people. In this paper, I discuss the way the type of food served at church celebrations and the rhythm of fasts and feasts emphasize the shared national origins of the small diaspora. At the same time, where people sit when eating, and in what order they are served, expresses distinctions within the ranks of the clergy, between clergy and lay people, between men and women, and between Ethiopians and their former compatriots from Eritrea.     

International terrorism,human rights,and World order

Abstract

This article attempts to summarize the efforts that have been made during the 1970s in the search for an appropriate definition of international terrorism, its causes, and the measures to combat it. It evaluates these efforts in the context of the simultaneous interests in human rights. It advances some propositions as to how international terrorism could be seen from the perspectives of both social‐psychological theories of violence and Western legal practices. In conclusion, the relationship between the individual and the state is evaluated in the context of the present world order and its operative political and legal principles. Although this approach may not solve the problem of international terrorism by advancing any neat scheme of control which can be readily applied by anxious governmental law enforcement agencies, nor succeed in articulating a strategy for the respect of human rights by governments and individuals, it will hopefully generate some ideas about how justice can be rediscovered while searching for viable solutions for both international terrorism and human rights.     

‘SAFEGUARDING NATIONAL CREDIBILITY’: FOUNDING THE BANK OF CHINA IN 1912

Abstract

The Bank of China led China’s modern-style banks during the Republican era, supporting the Chinese state through war and peace and financing China’s industrialization in the first half of the twentieth century. This article explores the founding of this institution in 1912 in the context of building the modern Chinese nation state following the 1911 Revolution. It argues that the events that made possible the Bank of China’s founding illustrate the contingent nature of state building. Furthermore, emphasis is on the critical relationship between finance and political legitimacy in state building. The article also shows how the creation of an institution such as the Bank of China, which was originally intended to be the new Republic’s central bank, gave the fledgling state the opportunity to support the transfer of legal rights in regime change.     

Knowing Me,Knowing You: Media Portrayal of the EU in Kazakhstan

Abstract

The dichotomy of Self/Other prevails in shaping identity. This article asks how and to what extent the elements of the EU’s image produced by media discourse shape the national identity of Kazakhstan. It contends that a state’s identity can be formulated not in opposition—that is, not ‘Us against Them’—but rather, ‘Us as One of Them’. It argues that, in the case of Kazakhstan, the predominantly positive media discourse about the EU ‘Other’ contributes to a positive formulation of the Self via the legitimisation of the domestic regime on the national and international levels.     

Trust and Reciprocity in the Aftermath of Natural Disasters

Abstract

Beyond all the material and economic losses that natural disasters produce, post-disaster environments can alter the social capital of a community by affecting social norms, attitudes, and people’s behaviour. To analyse this issue, we empirically investigate the effect that the aftermath of a disaster can have on trust and reciprocity of people within communities. We do this by comparing outcomes of trust games conducted in earthquake-affected and non-affected rural villages one year after the 2010 Chilean earthquake. Our findings show that while trust levels do not differ across cases, reciprocity is lower in earthquake-affected areas.     

Engendering regulation of artisanal and small-scale mining: participation,protection and access to justice

Abstract

This article argues that adopting a gender perspective when regulating artisanal and small-scale mining (ASM) is both necessary and achievable. The authors analyse women’s often-ignored needs and experiences as workers, decision-makers and affected community members in the ASM sector. To address these concerns, this article sets out standards for regulating ASM to guarantee women’s access to services and information and women’s decision-making and representation; to address the specific risks women face in the sector; and to provide access to effective remedies. The authors use international instruments to identify good practice benchmarks from which legislators and policymakers can draw. The article also notes where global norms fall short of addressing women’s rights in ASM. Some of the limitations of this approach are also acknowledged, notably the challenge of establishing gender-responsive laws that can be feasibly and effectively implemented. Nonetheless, the proposed approach should be favoured to better respond to the highly masculinised nature of the sector and the differentiated impacts of ASM on men and women while recognising women’s roles as beneficiaries and productive agents of the sector.     

Plural strategies of accessing land among peri-urban squatters

ABSTRACT

This paper discusses strategies utilized by migrants/squatters in accessing land for settlement and livelihoods in places where the state and the indigenes are not sympathetic to their needs. Although of significant policy and theoretical significance, this area has not received attention from scholarship, its dominant focus being on understanding the diverse origins, destinations, drivers and processes of migration. In addressing this issue, the study uses the case of Malawian migrants located in Zimbabwe’s peri-urban area of Norton. The finding of the paper is that there are as many strategies for acquiring land as they are migrants. The identified strategies (inheritance, seizures, and purchase) are contingent based – varying according to the access of the parties involved in the transactions.     

The Benefits of Globalization: Why More for South Korea than Mexico?

ABSTRACT

This article examines the arguments for globalization and analyzes Mexico’s “maquiladora experience,” which indicates that globalization alone does not bring about a higher standard of living. The primary reason that Mexico has not benefitted as much as might be expected from globalization has to do with the poor quality of its governance, referring especially to public administration. This assertion is supported by a comparison of Mexico and South Korea. In explaining South Korea’s greater success, Political Elasticity (PE) theory is introduced, suggesting that political power needs to become elastic in two meanings of this word: a “rubber band” meaning (referring to the ability of leaders to delegate power without losing or diminishing it) and “a balloon meaning” (having to do with the ability of leaders to reliably influence the behavior of the general public). Based upon studies of rural and industrial development, South Korea is shown to be more politically elastic than Mexico. This article concludes by examining the lessons that Mexico can learn from Korea’s experience.     

War,Violence and the Making of the Stalinist State: A Tillyian Analysis

Abstract

Defining the state as ‘organised violence’, based on the emergence of the modern European national state system, Charles Tilly identified four essential war-driven, state-building activities: ‘war-making’; ‘state-making’; ‘protection’ of elite ‘clients’; and ‘extraction’ of resources. Drawing on Tilly's primary categories of analysis, this essay considers the ways in which war, or the threat of war, real or imagined, shaped the Soviet state, particularly in its Stalinist manifestation. This essay argues that Tilly's warfare-state paradigm, judiciously deployed, brings into high relief facets of Soviet state-making that few other paradigms do.     

Law,democracy and the fulfilment of socioeconomic rights: insights from Indonesia

In recent years a debate has emerged about the conditions under which justiciable legal frameworks facilitate the fulfilment of socioeconomic rights. This debate has pitted institutionalist perspectives that emphasise the progressive potential of democratisation against structuralist perspectives that emphasise the constraints imposed by relationships of power and interest. This paper considers the debate in light of Indonesia’s recent experience. It suggests that we need to examine how institutional and structural factors interact within particular contexts to shape socioeconomic rights fulfilment, not examine these factors in isolation. It also considers the strategic implications of this argument for rights proponents.     

Translating Legal Rights into Tenure Security: Lessons from the New Commercial Pressures on Land in Ghana

Abstract

Since the confluence of the food and oil price crises of the mid 2000s, Ghana has become a prime destination for large-scale farmland investments. While this trend could make valuable contributions to an ailing agricultural sector, the alienation of rural land for commercial ends could conversely have far-reaching implications for customary land rights. Through an analysis of the legislation protecting customary land rights and governing such the alienation of those rights and by contrasting this with practice, this article highlights some of the fundamental challenges in translating legal rights into tenure security in contemporary Ghana. It shows that despite the legal recognition of customary land rights, in practice customary land users are ultimately responsible for contesting infringements upon these rights. With traditional authorities able to capture substantial rents from the alienation process and government institutions offering scant oversight as a result of fragmented responsibilities, capacity constraints, and political disincentive, the protection of customary land rights is becoming increasingly contingent on community ‘capacity to claim’. Since poor access to information, unrealistic expectations and deference to traditional authority tends to quell disputes over alienation, the limited mechanisms for protecting citizen access to resources gives reason to reconsider the importance of direct state involvement in the customary land domain.     

The spectre of Haiti: structural antiblackness,the far-right backlash and the fear of a black majority in Brazil

Abstract

This article situates the far-right backlash in Brazil within the larger Latin American context, including its colonial legacy, leftist governments’ failure to deliver promises of inclusion, and the US–China geopolitical dispute over the region’s strategic natural resources. By situating Bolsonaro’s electoral victory within these dynamics, our analysis presents an alternative to two common perspectives. First, studies of the region’s political moment and of Brazilian society in particular do not pay enough attention to institutional and everyday racism, and instead focus mostly on comparative analysis of governmental policies and social class dynamics. Second, critical perspectives that take into account racial inequalities are often not attuned to structural dynamics of gendered antiblackness, and instead present racism as a broad set of practices that negatively affect non-white people in related manners. Our context-specific analysis of the electoral reemergence of the far right in Brazil aims at contributing to an understanding of persistent dynamics of racial inequality within the region as part of a long, enduring and foundational odium of Black people.     

Gender,Sexuality and the Latin American Left: testing the transformation

This article examines the extent of change under Latin American left governments by assessing their actions on women's and lesbian, gay, bisexual and transgender (LGBT) rights. To provide a historical context, it first offers an overview of the relationship between feminist movements and the left. It then employs a four-country comparison of Brazil, Bolivia, Chile and Venezuela on women's socioeconomic status; feminist state–society relations; women's representation in national decision-making positions; legislation on violence against women; reproductive rights; and sexual rights. It concludes that standard political and economic divisions among the cases do not explain their response to the demands of feminists and LGBT activists. While governments have improved women's status and inclusion, the transformation of gender and sexual power relations remains unfinished.     

The Identity of Turkey: Muslim and secular

Abstract

This article analyses the rise of political Islam in Turkey in the context of the akp's tenure in power with reference to complex social, economic, historical and ideational factors. It aims to answer one of the key questions, which has wider implications for the West and Islamic world: ‘having experienced the bad and good of the West in secularism and democracy’, as claimed by Samuel Huntington's ‘clash of civilisations’ thesis, is Turkey in transition from a secular to an Islamic state? The article first questions Turkey's ‘bridge’ or ‘torn-country’ status and then explains the akp's ambivalent policies towards religious and identity issues in relation to the increased public visibility of Islam and a ‘performative reflexivity’ of ‘Muslim-selves’. It concludes that the real issue at stake is not the assumed clash of secular and Muslim identities but the complex of interdependence between Islam, secularism and democratisation in Turkey.     

Television on Women’s Empowerment in India

Abstract

We used a nationwide demographic survey to study the relation between television exposure and women’s empowerment in India. Ordinary least squares (OLS) results suggested that TV exposure improved Indian women’s status. We used the propensity score matching (PSM) method to mitigate the potential threat of endogeneity. The results indicate that TV exposure is correlated with greater awareness of autonomy, greater financial independence, less unwanted pregnancy (birth control), negative attitude toward beating, a lower tendency of giving birth, a smaller family, and a lower preference level for sons.