https://thesis.eur.nl/col/4320/ List of Publications en https://thesis.eur.nl/pub/9701/ Sun, 01 Dec 1991 00:00:01 GMT The airline industry throughout the world has been facing serious challenges as the regulatory environment and pattern of ownership change. Since the late 1970's there has been a trend towards economic deregulation on domestic services and more liberalized control of internationally scheduled air transportation services. Thi s began in the United States and spread 'internationally, freeing up route entry, allowing pricing flexibility and putting pressure on established airlines to be more efficient. Not many airlines which entered the deregulated market survived; some went bankrupt while others were taken over by established airlines which were able to realise cost savings and gain competitive advantage by having efficient networking systems, controlling labour costs and improving technology and information systems. The industry now resembles an oligopolistic market structure and airlines which are still protected and subsidized at home are finding difficulty operating in the new competitive environment. https://thesis.eur.nl/pub/9342/ Tue, 01 Nov 1994 00:00:01 GMT <div>Pocook, Jane</div> Ever since the Second World War the world has fonned an apparent dualism, a dich.otomy between two groups. one of which is necessarily subordinate. I say necessarily because a dualism is..lhe result of a 'denied dependency on a subordinate other' (plumwood 1993 :41, emphasis added). I am not talking of the EastWest divide which was political in nature, but one that overrides suchan analysis - the north-south divide. Countries arc either developed (the north) or underdeveloped (the south). There is also a middle group of countries referred to as the newly industrialised countries. These have recently been joined by 'ex-Soviet block' countries. Despite these two middle groups. the vast majority of the world is split as mentioned above. https://thesis.eur.nl/pub/9676/ Fri, 01 Dec 2006 00:00:01 GMT <div>Hlabangana, Immanuel</div> This study adds to the growing concerns of the role in democratization by civil society. It zeroes in specifically to look at civil society in the Diaspora or in exile. The short research focuses on Zimbabwe pro-democracy CSOs based in the Diaspora in particular South Africa with a view of deepening understanding of causes of disgruntlement within the prodemocracy movement -made of political parties and Civic organizations-. Their vulnerability in South Africa which does not see the need for Zimbabweans to flee their country and the possibility to lobby and advocate for Zimbabweans to be protected by the South African government and laws and for the International community to playa more prominent role in solving the Zimbabwe governance crisis. Here field research work was taken on in South Africa for a month -July to August- particular attention was given to a network of 20 civil society organizations calling them-selves the Zimbabwe DiasporaForum (ZDF). https://thesis.eur.nl/pub/9208/ Thu, 01 Nov 2007 00:00:01 GMT <div>Villiers Graaff, Karen de</div> The South African government initially reinforced this, passing legislation and devising programmes to help ex-combatants in South Africa to disarm, demobilise, and reintegrate into society (a DDR programme); and to provide them with some form of reward for their service. However, this did not last. As has been found in both this paper, and in others, ex-combatants in South Africa are currently a marginalised group, facing numerous difficulties and hardships. This has also now been acknowledged by government, with a Briefing to the Portfolio Defence Committee admitting that during the process "there had been problems ... and it had been painful as wen" (Parliamentary Monitoring Group, 2004b). https://thesis.eur.nl/pub/13448/ Thu, 15 Nov 2007 00:00:01 GMT <div>Naz, Farah</div> This paper focuses on women homeworkers in the garment industry of Pakistan. The paper has the objective of analyzing the challenges faced by women home-based workers. The paper is also an endeavour to understand the ways through which women's involvement in homework has empowered or constrained them in terms of access to their labour rights and entitlements in Pakistan. Existing labour rights entitlements available to homeworkers at the national and the international level are first reviewed and assessed. The study also introduces the local and global context in which homeworkers are situated and their work is analyzed both at the level of the labour market and at the household level, in order to explore the implications of global supply chains for their empowerment and agency. The paper argues that women's involvement in homework within the private sphere ofthe household held implications for their labour and other human rights in Pakistan. Women's involvement in homework brings some positive changes in the life of a few women, but the process of change is very slow and choices are limited for homeworkers in general. However, despite the limitations of homework there is also some, limited, scope for women's empowerment through establishment of different support mechanisms. https://thesis.eur.nl/pub/13733/ Fri, 30 Nov 2007 00:00:01 GMT <div>Naz, Farah</div> This paper focuses on women homeworkers in the garment industry of Pakistan. The paper has the objective of analyzing the challenges faced by women home-based workers. The paper is also an endeavour to understand the ways through which women's involvement in homework has empowered or constrained them in terms of access to their labour rights and entitlements in Pakistan. Existing labour rights entitlements available to homeworkers at the national and the international level are first reviewed and assessed. The study also introduces the local and global context in which homeworkers are situated and their work is analyzed both at the level of the labour market and at the household level, in order to explore the implications of global supply chains for their empowerment and agency. The paper argues that women's involvement in homework within the private sphere of the household held implications for their labour and other human rights in Pakistan. Women's involvement in homework brings some positive changes in the life of a few women, but the process of change is very slow and choices are limited for homeworkers in general. However, despite the limitations of homework there is also some, limited, scope for women's empowerment through establishment of different support mechanisms. https://thesis.eur.nl/pub/8250/ Sat, 01 Dec 2007 00:00:01 GMT <div>MCHELE, ZAKAYO MICHAEL SHIMBA</div> https://thesis.eur.nl/pub/7141/ Tue, 01 Jan 2008 00:00:01 GMT <div>Siagian, Saurlin Pandapotan</div> Sustainable development has become mainstream in development studies and requires that social and environmental issues (the so-called third generation of human rights) be central to the wider development process. International conventions and agreements on how the sustainable development is to be achieved influenced the principles of the Roundtable on Sustainable Palm Oil (RSPO). This is an international multi-stakeholder organisation set up to regulate the growing palm oil industry. The protection of third generation rights under formal RSPO documents is quite advanced, but there remains a wide gap between the principles of RSPO and realities on the ground. This study considers an example of one major RSPO stakeholder – the Wilmar Group of companies – in relation to indigenous and environmental rights in West Kalimantan, Indonesia. It considers the multistakeholder relations around one legal case, through the lens of an analysis of power relations among the parties involved in a legal case brought to RSPO. By taking a case from a RSPO member in West Kalimantan, and examining it in detail, the study is able to reflect on the limits of accountability in the present multi-stakeholder arrangements of RSPO, arrangements which tend to benefit business rather than indigenous people’s human and environmental rights. Power relations are thus reflected in the issues and proceedings of the legal case brought by a number of NGOs against the Wilmar Group through RSPO. So, whilst RSPO incorporates some important principles of third generation human rights, particularly in recognizing the collective rights of local communities and including environmental rights in its Principles and Criteria, what is lacking is an appropriate mechanism for enforcing these principles and ensuring that powerful stakeholders adhere to them. The principles and criteria of the RSPO need to be connected to effective mechanisms for their implementation. And RSPO membership needs to be extended to involve broader stakeholders, including local communities and trade unions. All this is needed in order to more effectively implement the principles and criteria of RSPO on the ground https://thesis.eur.nl/pub/7140/ Tue, 01 Jan 2008 00:00:01 GMT <div>Oundo, Symphorosa</div> The current situation of dispossession of the Ogiek from their land in Mau Forest, Kenya is the result of the adoption of the State’s land and other policies that are similar to those adopted by the colonialist more than a century ago. In response the Ogiek have instituted several cases through the Kenya courts in an effort to once again access their ancestral lands. Not only has the Kenya government introduced land policies that have greatly affected the way of life of the Ogiek and it has also failed to meet its obligation at the national and international level in response to protecting the human rights of indigenous people. In the light of thus, this paper attempts to demonstrate analytically how some historical and modern socio-political dynamics have continued to systematically deprive the Ogiek of their land and to assess the extent to which the platform on indigenous rights has helped them in their struggle for their land. https://thesis.eur.nl/pub/7139/ Tue, 01 Jan 2008 00:00:01 GMT <div>Mjanger, Guro</div> Over the centuries indigenous peoples have developed a profound relationship with their lands and territories. Despite this fact, they are still looking for a place for themselves (Gilbert 2006: xiii). Most indigenous communities have land-based economies, and are therefore dependent on having access to land in order to survive. This paper is concerned with the indigenous peoples called the Jumma, living in the Chittagong Hill Tracts in Bangladesh. The Jumma have experienced to be alienated from their land through centuries, and are until this day struggling to get recognition of their right to access and use their ancestral land. Successive governments have tried their best to assimilate the Jumma people into the majoritarian Bengali society without succeeding. As a result, failed policies has led to civil war, killing thousands of people and creating a large number of refugees and internally displaced. In 1997 a major turn of event occurred when the government of Bangladesh and the JSS –a political Jumma party signed a Peace Accord. This was seen as a positive sign on both sides to end the bloodshed. However, the peace agreement turned out to be a series of promises not kept, creating new tensions in the area. The main concern for the Jumma throughout the years has been to get recognition of their status as a distinct people with their own customs and traditions, including the right to collective ownership and use of land. This right has constantly been challenged, and is until this day not protected through any legal remedies. https://thesis.eur.nl/pub/7142/ Tue, 01 Jan 2008 00:00:01 GMT <div>Davidson, Rebecca</div> This research paper focuses on the issue of maternal mortality in Tanzania from a human rights perspective examining the role of civil society actors in framing and claiming rights related to women’s reproductive health. The research process included qualitative interviews with organizations working in Dar es Salaam on issues related to reproductive health, focus group discussions with rural women in Dodoma and a review of secondary data including documents produced at the international level. A key aspect of the research involved examining how reproductive rights are translated into the local context and in turn how they are used by civil society actors. The findings and analysis of this study include a critical examination of the way in which culture and tradition are framed within current safe motherhood discourses with a key example of such being the naming of “traditional” birth attendants. The framing of the issue of maternal mortality by civil society actors was also found to inform the way in which rights claims are made. A delineation was found in the research between those organizations that take what Merry calls a “social-service approach” to rights promotion and those that take a “human rights advocacy approach” (Merry 2006a:138). Although both approaches converge in important ways there are fundamental differences in the way in which their work is carried out. In addition, the study found that while many organizations are involved in mobilization, building a widespread political movement was not a priority for the organizations interviewed. The investigation of “translators” also found more evidence of translations, programs or projects that have been adopted from other contexts. Finally, the relationship between CSO’s and the state on the issue of maternal mortality was found to be influenced by the chosen approach to human rights promotion. The aim of this research is to contribute to the existing knowledge of civil society organizations and donors working in Tanzania, although the dual inquiry approach to exploring how organizations frame and claim rights could be applied to other contexts and issues. https://thesis.eur.nl/pub/7146/ Tue, 01 Jan 2008 00:00:01 GMT <div>Ghimire, Rajendra</div> This paper attempts to analyse the compliance of Nepalese juvenile justice system against the international standards set by ‘hard’ or ‘soft’ law or juvenile justice ‘specific’ or ‘general’ international human rights instruments. The analysis is based on the Child Rights-Based Approaches (CRBAs), general principles of the UN Convention on the Rights of the Child 1989 (CRC) in general and principle of ‘the best interests of the child’ in particular and the principle of ‘state obligation’ have been used throughout the paper. Primary as well relevant secondary data have been used for the purpose of analysis. The paper concludes ‘Nepal has taken some good initiatives to establish a separate juvenile justice system to handle cases of the children in conflict with the law but it needs significant reforms to establish a comprehensive juvenile justice system in comply with the international standard and make to serve the best interest of the child ’. Finally, recommendations have been made to strengthen the juvenile justice system in Nepal. https://thesis.eur.nl/pub/7148/ Tue, 01 Jan 2008 00:00:01 GMT <div>Pachouri, Shubhra</div> The Indian Constitution guarantees the fundamental rights of Dalits. The Supreme Court is the main safeguard of the human rights of all Indian citizens, interpreting the special provisions of the Constitution which aim to uplift the position of Dalits and other weaker social sections. The government has also passed notable laws and policies which promote several schemes for the development of Dalits; these provisions also include Dalit women engaged in manual scavenging (DWEMS) who are still engaged in the undignified caste based occupation of carrying ‘night soil’1. The justice system from the Supreme Court to the lower courts is considered by many to be strong enough to provide legal remedies against the rights violations to all human beings in the country (Agrawal, 2006). Yet the majority of DWEMS are still unable to access the law and policies formulated for their benefit. The United Nations Sub- Commission’s working paper on ‘Work and Descent-based Discrimination’ also points out that the Indian government has passed prominent legislation but the lack of commitment on the part of the government officials makes enforcement a major problem. Prejudice and caste favouritism prevails and protects dominant caste perpetrators from prosecution under the law (Keane: 2007, 242). This study analyses the forms of social exclusion and injustice faced by DWEMS and discerns the structural causes of multiple forms of discrimination and violations of their rights in the state of Madhya Pradesh (MP) in central India. It looks at how the implementation of laws and government-run schemes fail to address the ways in which violations of the rights of DWEMS are connected not only to the caste they are born into, but also their gender identity, their class and their ‘unclean occupation’. The study looks at the procedural aspects of the law and the dominant norms of castes in the social and legal institutions to show how state and non-state actors all fail to recognize the intersectional aspects of violence which DWEMS face. https://thesis.eur.nl/pub/7143/ Tue, 01 Jan 2008 00:00:01 GMT <div>Majdanac, Maja</div> Characterized with a distinctive cultural identity, lifestyle and language, the Roma in Croatia are historically tormented with rejection, intolerance, discrimination and social exclusion. The focus of this study is to unpack the term ‘social exclusion’ and contextualize it in examining the Croatian education system to investigate the right to education for the Roma children in Croatia. Using a combination of Farrell’s Model of Inequality Education, Bronfenbrenner’s Ecological Systems Theory and the Rights-Based Approach the study reveals the symbiotic relationship that exists between access to and quality of education. Attaining the right to equality of education is not only having equal opportunity to access and complete education, but also having equal opportunities to receive equal quality of education, which ensures opportunities for every pupil to maximize their educational potential. The study argues that the current education system in Croatia produces barriers in achieving the right to equality education for the Roma children because it is failing to incorporate learning programs on diversity, intercultural values and respect for human rights for all pupils. This system acts to institutionalize widely established discrimination and social exclusion against the Roma in Croatia. In order to combat social exclusion inside and outside the education system, the study advocates for the implementation of equality and inclusive education. This alternate system of education aims to promote programs that encourage intercultural values and incorporate diversity of children’s backgrounds in such way that responds to the needs of each child to attain equality of education, including the Roma children. https://thesis.eur.nl/pub/7145/ Tue, 01 Jan 2008 00:00:01 GMT <div>Nwankwo, Kelechi Sylver</div> This research study is on community service order as an alternative to imprisonment in Lagos State, Nigeria. The Nigeria Criminal Justice System (CJS) was created in line with the British Colonial system when she gained her independence in October 1st 1960. Before the colonization of Nigeria, there was the traditional justice system which operates at the various ethnic groups’ level. The Nigeria criminal justice system is retributive in nature which has led to calls from NGOs, civil society organizations and some stakeholders on the need for the introduction of other forms of alternative sentence aside from fine and imprisonment with specific reference to community service order (CSO). The Administration of Criminal Justice Law 2007, No 10, Section 350 of Lagos State made provision for community service order but in reality it’s not being applied or practiced in Lagos State. A visit to prisons in Lagos reveals a pathetic condition of prisons in Lagos State especially the problem of overcrowding, poor feeding and lack of medical facilities for inmates. Some of these inmates are either in prison for minor offences or for being accomplices to a crime, while many others are in prisons awaiting trial. Hence the call for the improvement of prison conditions and the introduction and implementation of community service order in Lagos State. This would help in solving some of the problems of overcrowding, lack of medical facilities and poor feeding for inmates. The analysis of the study is based on the objectives and research questions which are to explore the viability of community service order and understand the perception of stakeholders on the introduction of community service order in Lagos State as against imprisonment. The study is purely qualitative and normative whereby semi-structured interviews were conducted with stakeholders in the criminal justice system (CJS) in Lagos State. https://thesis.eur.nl/pub/7144/ Tue, 01 Jan 2008 00:00:01 GMT <div>OWACGIU, ATINGO JACKLINE</div> This study concerns children born captivity the way in which this research was conducted was through The main contribution of the study are to better understand of the situation of children born in LRA captivity and how vulnerable and invisible they are in both the government and NGO policies. This research, conducted in Gulu District in Northern Uganda, intends to make policy makers and agencies working with returned children better understand the accounts of human rights violations and the protection needs of children born in LRA captivity. It aims at documenting the situation of these children as a vulnerable group and brings out clearly Uganda’s obligation as a state to wake up and do something, and at presenting both the children’s rights and the obligations of various actors in this regard. In addition, the social, cultural and policy frameworks that are significant for the protection of the rights of children born in LRA captivity will be analyzed. Much of this report focuses on children born in LRA captivity who reintegrated in their communities. Families and the broader community. https://thesis.eur.nl/pub/7147/ Tue, 01 Jan 2008 00:00:01 GMT <div>Susanti, Reni</div> This paper investigates the relationship between state and Islamic institutions in Indonesia and how the relationship affect the state’s performance in conducting its obligation to respect, to protect and to fulfil freedom of religion of the Ahmadiyya community. It is shown that there is shifting in the state and Islamic institutions relationships that influenced by political motives. It is also evidenced in the research, that the performance of the state in respecting, protecting and fulfilling the right to religious liberty of the Ahmadiyya community is highly influenced by this relationships as well as political circumstances. https://thesis.eur.nl/pub/7149/ Tue, 01 Jan 2008 00:00:01 GMT <div>KATEMA, WASHINGTON</div> This study explores the potentials and challenges of claiming rights under rights an authoritarian rule. The study is not abstract; It is based on a case study of Operation Murambatsvina (literally means clear the filth), which took place in Zimbabwe in 2005. Operation Murambatsvina (OM) was basically about demolition of homes and forced evictions of predominantly poor masses. It resulted in a human rights crisis of national magnitude. Informed by my research findings, I did a critical analysis of the limitations and potentials of mechanisms, both legal and non-legal and at local and international levels used mainly by human rights NGOs to claim rights during OM. From the research findings, it is clear that legal responses are less effective under authoritarian rule as compared to the non-legal responses. Then the embryonic question is- should legal mechanisms give way to non legal mechanisms? I do not subscribe to the thesis of legal mechanisms giving way to non-legal mechanism but I try to rethink an integrated approach to the politics of claiming rights. That accordingly calls for the unification of protective mechanisms. In that connection, they have to be viewed holistically and as complementary to each other. A removal of one set of mechanisms has the effect of grossly weakening and ultimately undermining other mechanisms. More importantly, there is need to unlock the political will and foster a democratic political culture, which promotes and protect human rights in general. https://thesis.eur.nl/pub/6635/ Thu, 01 Jan 2009 00:00:01 GMT <div>Manzanilla, Johsa</div> Many Canadians perceive the Filipino community as a model minority migrant group for seeming to have successfully integrated into mainstream Canadian society. However, based on months of in-depth fieldwork and a widespread literature review into Filipino diaspora experience— particularly in the city of Winnipeg, the author contends that due to the Filipinos’ unique identity, influenced by colonisation and therefore colonial mentality, combined with the constitutional and structural socially differentiating aspects of Canadian multiculturalism, they are excluded all the same. Following the narratives of three distinct sub-groups of the community: the early pioneers, the new pioneers and the offspring, the author further analyzes how intra-Filipino interaction and conflict affect Filipino perceptions, reactions and encounters of racial discrimination, even within a culturally pluralistic context. https://thesis.eur.nl/pub/6634/ Thu, 01 Jan 2009 00:00:01 GMT <div>Nkambule, Jacob Jacques</div> This study analyses the potential for health sector decentralisation reforms in Malawi to spur delivery of basic social services and consequent promotion of local human development, leading to the realisation of women’s right to healthcare facilities, goods and services. The paper is developed on a case study that is supported and augmented by focus group discussions; key informant interviews and desk research in order to assess the validity of perceived benefits of the reforms. The study has revealed that there is generally increased knowledge among the populace on human rights in general. However, knowledge gaps are evident on economic, social and cultural rights, including the subject under study. Another positive outcome of the reforms relate to the creation of spaces (village development committees and area development committees) that allow for inclusive citizen participation in matters that affect them. Civil society organisations, particularly the Malawi Economic Justice Network (MHEN), have exploited these spaces to put women’s right to healthcare facilities, goods and services on the national and international agenda. Such advocacy initiatives have pressured the Malawi government to work toward meeting its obligation to fulfil women’s right to healthcare facilities, goods and services. The study concludes that decentralisation reforms in Malawi have not yielded perceived benefits, at least in the health-sector. Accordingly, the paper suggests some recommendations to the Malawi government, donors, CSOs and local structures on how decentralisation reforms in the health sector could yield meaningful results.