Search results for: Spanish Constitution

Authors: G. Salavwa, P. Erhijakpor Jr., H. Ukwu

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This study will explore child labour issues in Nigeria because it is capable of affecting the physical and general well-being of children who perform hazardous work. This feat will be achieved through qualitative research methodology. Data collection shall be elicited by oral interviews and documental content analysis to delve on the application of the Convention on the Rights of the Child (CRC), International Labour Organization ILO and Geneva Convention relating to child labour practices in Nigeria. This will include the relevance of present domestic laws relating to child labour as implemented in Nigeria, together with factors that contribute to the practice of child labour in the country. The oral interview data analysis will be performed by breaking the interview data into significant statements and themes. This shall be done by comparing and determining the commonalities that are prevalent in the participants’ views regarding child labour menace in Nigeria. Presumably, findings from this study shall unveil that a poor educational policy, a widespread poverty level which is mostly prevalent amongst families in the rural areas of the country, a lack of employment for adults, have led to the ineffectiveness of the local child labour laws in Nigeria. These has in turn culminated into a somewhat non-implementation of the international laws of the CRC, ILO and Geneva Declaration on child labour to which the Nigerian government is a signatory. Based on the finding, this study will calls on the government of Nigeria to extend its free educational policy from the elementary, secondary to tertiary educations. The government also has to ensure that offenders of children’s rights should face a severe punishment.

Keywords: commonalities, tertiary, constitution, qualitative

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Authors: Adekunle Saheed Ajisebiyawo

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This paper examines the influence of identity politics on the development of electoral democracy in Nigeria. The paper was anchored on a theory of African democracy adopted the qualitative methodology and deployed data from secondary sources to evaluate the 2023 presidential election, and found that ethnicity, religion, and regional sentiments played a major role in the election. The practical implications of this paper are that while Nigeria’s democracy is tending towards consolidation, if the unexpected does not happen, e.g., military takeover, religious and ethnic identities can mar the country’s development as competent candidates that have good policies will be voted out based on religious and ethnic sentiments. Thus, there is a need to de-emphasize religion and ethnicity in the Nigerian polity. Candidates and parties that campaign based on racial or religious narratives should be barred from contesting elective positions. The paper concluded that identity politics is inimical to Nigeria’s democratization process as well as efforts aimed at uniting and integrating the country; it, therefore, recommended that to establish a sound electoral democracy and a strong united country, the menace of ethnic, religious, and regional cleavages should be addressed. To achieve this, efforts should be intensified towards providing a set of principles for nation-building which should be included in the constitution. In addition, the paper urges the media to support the formation of an inclusive government, cutting across tribes and religions in the country to reduce the negative impact of ethnicity and religion in the country.

Keywords: cleavages, democracy, ethnicity, election, identity politics, religion

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Authors: Louis Nahimana

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Most maps are in a raster or pdf format and it is not easy to get vector layers of published maps. Faced to the production of geological simplified map of the northern Lake Tanganyika countries without geological information in vector format, I tried a method of obtaining vector layers from raster layers created from geological maps of Rwanda and DR Congo in pdf and jpg format. The procedure was as follows: The original raster maps were georeferenced using ArcGIS10.2. Under Adobe Photoshop, map areas with the same color corresponding to a lithostratigraphic unit were selected all over the map and saved in a specific raster layer. Using the same image processing software Adobe Photoshop, each RGB raster layer was converted in grayscale type and improved before importation in ArcGIS10. After georeferencing, each lithostratigraphic raster layer was transformed into a multitude of polygons with the tool "Raster to Polygon (Conversion)". Thereafter, tool "Aggregate Polygons (Cartography)" allowed obtaining a single polygon layer. Repeating the same steps for each color corresponding to a homogeneous rock unit, it was possible to reconstruct the simplified geological constitution of Rwanda and the Democratic Republic of Congo in vector format. By using the tool «Append (Management)», vector layers obtained were combined with those from Burundi to achieve vector layers of the geology of the « Northern Lake Tanganyika countries ».

Keywords: creating raster layer under image processing software, raster to polygon, aggregate polygons, adobe photoshop

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Authors: Christine Ivy A. Nogot

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Under the colony of Spain for more than three centuries, the Philippines has a deep-rooted structure of Western ideologies and colonialism. The late 19th century, the period of Enlightenment, created a significant impact on our history when a group of middle-class Filipino men were sent to Europe to study. They were called Ilustrados, a Spanish word for erudite. They were the enlightened; the well-educated, intellectual scholars. Their writings provide intellectual grounds for the awakening of national consciousness that eventually prompted national movements and revolutions. They helped to establish a postcolonial society. In the modern era, Miguel Syjuco, a Filipino expatriate, wrote a novel and titled it Ilustrado. It is a representation of the liberal mind of the diasporic author in contemporary discourse. It provides a critical examination of the ilustrado in transition through the character of Miguel, who is also an expatriate writer. Using Syjuco’s award-winning novel as the primary text and anchored on Said’s concept of Orientalism, this paper examines how the depiction of features of the Eastern world is presented in the literary discourse. This paper looks into Said’s concept of orientalism as a hegemonic discursive structure and shows how Western superiority influences the Eastern culture in literary discourse. It explores Gramsci’s theory of cultural hegemony to explore Said’s argument that Western powers conquer the orient through culture and ideology. This paper presents how dominant ideologies and the social context redefine the ilustrado in the contemporary era.

Keywords: cultural hegemony, ilustrado, orientalism, postcolonial

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Authors: Gargi Ghosh

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Municipal solid waste management (MSWM) is an obligatory function of the local self-government as per the Indian constitution, and this paper gives a glimpse of the system in Indian towns focusing on its present state and use of technology in the system. The paper analyses the MSWM characteristics in 35 towns in the southern state of Karnataka. The lifestyle in these towns was found to be very sustainable with minimal disposal and considerable reuse. Average per capita waste generated in the towns ranged from 300 gm/person to 500 gm/person. The waste collection efficiency varied from 60% to 80%. The waste shows equal share of organic and non-organic waste composition with a low calorific value. Lack of capacity of the municipal body in terms of manpower, assets & knowledge and social consciousness were found to be two major issues in the system. Technical solutions in use in India at present are composting, organic re-reprocessing, bio-methanation, waste to energy etc. The tonnage of waste generated ranged from 8 TPD to 80 TPD. The feasibility of technology has been analysed in the context of the above characteristics. It was found that low calorific value and mixed nature of waste made waste to energy and bio methanation processes unsuitable. Composting – windrow and closed door was found best to treat the bulk of the waste. Organic–re-processors was planned for phase 2 of MSWM program in the towns with effective implementation of segregation at source. GPS and RFID technology was recommended for monitoring the collection process and increasing accountability of the citizens for effective implementation.

Keywords: solid waste management, Indian towns, waste management technology, waste charateristics

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Authors: Muhammad Khubaib

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The Holy Quran purport is to establish a democratic system in which Allah has the right to special authority and He who has the supreme power or sovereignty. The supreme leader, Allah ceded the right to govern to his prophet and whoever would ever rule he would have to govern as a deputy of Prophet of Allah and he will not have the right to deviate from the basic rules of law and constitution. Centuries before the birth of prevailing democracy, Muslim scholars and researchers continuously keep using the term of “Jamhür” (majority) in their books. Islam gives the basic importance to the public opinion to establish a government and make the public confidence necessary for the government. The most effective way to gain the trust of the people in the present to build national institutions is through the vote. Vote testifies in favor of the candidate and majority tells us who is more honest and talented. Each voter stands at the position of trustworthy. To vote a cruel person would be tantamount to treason and even not to vote would be considered as a national offence. After transparent process, the selected member of government would be seemed a fine example of the saying of Muhammad (S.A.W) in which he said; the majority of my people will never be agreed at misleading. In short in this article, there would be discussed democracy in the Islamic perception, while elaborating the western democracy so that it can be cleared that in which way the Holy Quran supported the democracy and what gestures Muhammad (S.A.W) made to spread the democracy and on the basis of those gestures, and how come those gestures are being followed to choose the sacred caliphate. It's hoped that this research would be helpful to refine the democratic system and support to meet the challenges Muslim world are facing.

Keywords: democracy, modern democratic system, respect of majority opinion, vote casting

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Authors: Emad Eid Nemr Danyal

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the problem of respect for human rights in Southeast Asia has come to be a prime problem and is attracting the attention of the worldwide community. basically, the affiliation of Southeast Asian international locations (ASEAN) made human rights one in every of its fundamental problems and in the ASEAN constitution in 2008. in the end, the Intergovernmental fee on Human Rights ASEAN Human Rights (AICHR) changed into mounted. AICHR is the Southeast Asia Human Rights Enforcement fee charged with the responsibilities, capabilities and powers to sell and defend human rights. but, at the quit of 2016, the protective function assigned to the AICHR turned into no longer but fulfilled. that is shown through numerous cases of human rights violations which are still ongoing and have now not but been solved. One case that has lately come to mild is human rights violations in opposition to the Rohingya human beings in Myanmar. the use of a prison-normative technique, the take a look at examines the urgency of setting up a human rights tribunal in Southeast Asia able to making a decision binding on ASEAN members or responsible events. facts suggests ASEAN desires regional courts to cope with human rights abuses inside the ASEAN area. in addition, the observe additionally highlights 3 essential elements that ASEAN must recall when setting up a human rights tribunal, specifically: quantity. a full-size distinction in terms of democracy and human rights development most of the individuals, a regular implementation of the precept of non-interference and the economic difficulty of the continuation of the court.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Mohammad Hossein Badamchi

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As Leo Strauss demonstrates in his works, Political Philosophy in the western tradition is an epistemic-naturalistic tradition insofar Hanna Arendt mentioning the deep conflict between philosophy and politics, opposed to be named “political philosopher” prefer the title “political thinker” for herself. In fact, the Western political philosophy’s tendency to derive politics from natural law and epistemic argumentations makes a paradox between the actual “the political” and the theoretical “natural politics” in the western tradition. In this paper, we want to show that Hanna Arendt, in her exploration to find a new realm of the non-naturalistic way of thinking about the political is walking on a completely different tradition of political philosophy which was first established by Al-Farabi, the founder of Islamic political philosophy around thousand years after Greek Philosophy. Despite Aristotelian Polis which is a Natural community based on true natural rationality to reach the natural purposes of mankind, Al-Farabi’s Madine (his reconstructed concept of Aristotelian Polis) is completely constructed against natural cities, which are formulated by necessity logic of natural arguments and natural deception of humanity. In fact, Farabi considers the natural understanding of politics as Ignorant ideologies used by governments to suppress people. Madine in Farabi’s work is not a natural institution but is a collaborative constitution founded by citizens. So despite Aristotelian thinking, here we don’t have just A Polis that is the one true polis, but we have various multiple Madines among one, is virtuous not by definition but by real action of citizens and civil relations. Al-Farabi’s political philosophy is not a Naturalistic-epistemic Political Philosophy but is a Phronetic Political Philosophy which Hanna Arendt wants to establish outside of western contemplative anti-active political philosophy tradition.

Keywords: al-farabi, hanna arendt, natural politics, the political, political philosophy

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Authors: Shuaibu Umar Abdul

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The essence of any state as well as government is to ensure and advance the security of lives and property of its citizens. As a result, providing security in all spheres ranging from safeguarding the territorial integrity, security of lives and property of the citizens as well as economic emancipation have constitute the core objectives cum national interest of virtually all country’s foreign policy in the world. In view of this imperative above, Nigeria has enshrined in the early part of her 1999 constitution as amended, as its duty and responsibility as a state, to ensure security of lives and property of its citizens. Yet, it does not make any significant shift as it relates to the country’s fundamental security needs as exemplified by the current enormous security challenges that reduced the country’s fortune to the background in all ramifications. The study chooses realist paradigm as theoretical underpinning which emphasizes that exigency of the moment should always take priority in the pursuit of foreign policy. The study is historical, descriptive and narrative in method and character. Data for the study was sourced from secondary sources and analysed via content analysis. The study found out that it is lack of political will on the side of the government to guarantee a just and egalitarian society that will be of benefit to all citizens. This could be more appreciated when looking at the gaps between the theory in Nigerian foreign policy and the practice as exemplified by the action or inaction of the government to ensure security in the state. On this account, the study recommends that until the leaderships in Nigerian foreign policy recognized the need for political will and respect for constitutionalism to ensure security of its citizens and territory, otherwise achieving great Nigeria will remain an illusion.

Keywords: foreign policy, nation, national security, Nigeria, security

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Authors: Sara Chinnasamy, Michelle Gun, M. Adnan Hashim

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Federal Constitution guarantees Malaysians the right to free speech and expression; yet hatred speech can be commonly found on social media platforms such as Facebook, Twitter, and Instagram. In Malaysia social media sphere, most hatred speech involves religion, race and politics. Recent cases of racial attacks on social media have created social tensions among Malaysians. Many Malaysians always argue on their rights to freedom of speech. However, there are laws that limit their expression to the public and protecting social media users from being a victim of hate speech. This paper aims to explore the attitude and involvement of Malaysian netizens towards freedom of speech and hatred speech on social media. It also examines the relationship between involvement in hatred speech among Malaysian netizens and attitude towards freedom of speech. For most Malaysians, practicing total freedom of speech in the open is unthinkable. As a result, the best channel to articulate their feelings and opinions liberally is the internet. With the advent of the internet medium, more and more Malaysians are conveying their viewpoints using the various internet channels although sensitivity of the audience is seldom taken into account. Consequently, this situation has led to pockets of social disharmony among the citizens. Although this unhealthy activity is denounced by the authority, netizens are generally of the view that they have the right to write anything they want. Using the quantitative method, survey was conducted among Malaysians aged between 18 and 50 years who are active social media users. Results from the survey reveal that despite a weak relationship level between hatred speech involvement on social media and attitude towards freedom of speech, the association is still considerably significant. As such, it can be safely presumed that hatred speech on social media occurs due to the freedom of speech that exists by way of social media channels.

Keywords: freedom of speech, hatred speech, social media, Malaysia, netizens

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Authors: Pedro Rubio

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Antonio Romero y Andía, was one of the most active and interesting figures in 19th century Spanish music. He was not only an exceptional clarinetist, he was also a publisher, a brilliant oboist, a music critic, and he revitalized Madrid’s musical scene by promoting orchestras and a national opera. In 1849, Romero was appointed Professor of Clarinet at the Conservatory of Madrid. Shortly after, Romero introduced to Spain the Boehm-System clarinet recently appeared in France. However, when initial interest in that system waned, he conceived his own system in 1853. The clarinet was manufactured in Paris by Lefêvre, who registered its first patent in 1862. In 1867 a second version was patented, and a year earlier, in 1866, the Romero clarinet was adopted as an official instrument for teaching the clarinet at the Conservatory of Madrid. The Romero-System clarinet mechanism has incorporated numerous additional devices and several extra keys, its skillful combination in a single instrument represents not only one of the pinnacles in the manufacture of musical instruments of the 19th century, but also an authentic synthesis of knowledge and practice in an era in which woodwind instruments were shaped as we know them today. Through the description and analysis of the data related to the aforementioned historical period, this lecture will try to show a crucial time in the history of all woodwind instruments, a period of technological effervescence in which the Romero-System clarinet emerged. The different stages of conception of the clarinet will be described, as well as its manufacturing and marketing process. Romero played with his clarinet system over twenty-five years. The research has identified the repertoire associated with this instrument whose conclusions will be presented in its case in the Congress.

Keywords: Antonio Romero, clarinet, keywork, 19th century

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Authors: Meaghan Bowman

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Microblogging has become increasingly popular for commenting on current events, spreading gossip, and encouraging individualism--which favors its low-context communication channel. These social media (SM) platforms allow users to express opinions while interacting with a wide range of populations. Hashtags allow immediate identification of like-minded individuals worldwide on a vast array of topics. The output of the analytic tool, Linguistic Inquiry and Word Count (LIWC)--a program that associates psychological meaning with the frequency of use of specific words--may suggest the nature of individuals’ internal states and general sentiments. When applied to groupings of SM posts unified by a hashtag, such information can be helpful to community leaders during periods in which the forming of public opinion happens in parallel with the unfolding of political, economic, or social events. This is especially true when outcomes stand to impact the well-being of the group. Here, we applied the online tools, Google Translate and the University of Texas’s LIWC, to a 90-posting sample from a corpus of Colombian Spanish microblogs. On translated disjoint sets, identified by hashtag as being authored by advocates of voting “No,” advocates voting “Yes,” and entities refraining from hashtag use, we observed the value of LIWC’s Tone feature as distinguishing among the categories and the word “peace,” as carrying particular significance, due to its frequency of use in the data.

Keywords: Colombia peace referendum, FARC, hashtags, linguistics, microblogging, social media

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Authors: O. M. M. Sabry, Abeer M. El Sayed

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The essential oils from the aerial parts and flowers of Haplophyllum tuberculatum (Forsskal) Adr. Juss (Rutaceae) growing in Libya were obtained separately by hydro-distillation using a Clevenger-type apparatus. The essential oils yield were (0.4, 1.5w/w%) respectively based on the dry weight of the plant. The oils were analyzed by GC-MS. Twenty four constituents, amounting to 96.6%, were identified in the oil of the aerial parts. The predominant compounds were among the non oxygenated terpenoids (82.4%) as monoterpene hydrocarbons, represented by sabinen (26.4 %), δ-terpinen (26 %), β-phellandrene (10.4%) and 3-carene (3.86%). Zingiberine (0.4%) and β-sesquiphellandrene (0.12%) were the major sesquiterpene hydrocarbons identified. Oxygenated monoterpenes were represented by eucalyptol (5.5%) and piperitone (5.55%). Twenty six constituents, equivalent to 99.5%, were identified in the oil of the flowers. The dominance of monoterpene hydrocarbons in the flowers oil can be attributed to the high percentage of γ-terpinen (38.44%), β-phellandrene (10.0%), α- phellandrene (2.33%), 3,4-dimethyl-1,5-cyclooctadiene (6.67%), β-myrecene (6.04%), 3-carene (5.43%) and α-pinene (1.3%).While the oxygenated monoterpenes can be contributed to the trans-piperitol (4.67%) and piperitone (2.07%). Sesquiterpene hydrocarbons were not identified in the oil of the flower of H. tuberculatum. Variation in constitution between oils of Libyan H. tuberculatum and that obtained from other countries can be due to both environmental and genetic factors. The essential oils have demonstrated variable antimicrobial activities against certain micro-organisms. Also have revealed marked in vitro cytotoxicity against lung (H1299), liver (HEPG2) carcinoma cell line and variably effective as anti-inflammatory and antioxidant.

Keywords: Halpophyllum tuberculatum, rutaceae, essential oil, antimicrobial, anti-inflammatory, antitumor, antioxidant, Libya

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Authors: Kebene K. Wodajo

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The right to development (RTD) has gone through different phases of metamorphoses, from the right to economic growth to full human development. Despite the fact that Africa has taken the lead in articulating and recognizing the RTD in a binding multilateral human rights treaty, realization of the right poses a challenge at the operational level. The challenge is worse in Sub-Saharan Africa, mainly because governments often tend to set economic growth as their ultimate goal, with very little consideration to the local peoples’ welfare in their territory. Ethiopia is not an exception to this. While recording a fast economic growth, yet this has been accompanied by increasing severity of multidimensional poverty. This paper explores the place of the ‘people’ in the development trajectory Ethiopia is pursuing and if and how a right-based approach to development could be brought to practice beyond the rhetoric. By inquiring into the place of the ‘people’, the paper attempts to show whether the people are at the center or at the periphery, beneficiary or victims of the ongoing development. In doing so, it divulges the gulf between the rhetoric and the reality of development practice. By asking/discussing if and how a right-based approach to development could bridge the gap, the paper shows how this approach could translate ‘people’s’ need into right, and recognize them as active subjects and stakeholders of the process of development. As an instance of showing the gap, the paper takes the Lower Omo valley sugar plantation project as a case in point. Through analysis the paper demonstrates that the development trajectory being followed by Ethiopia falls short of fitting into the human development discourse of UN Declaration on the Right to Development (DRD), the African Charter on People and Human Rights (the Charter) and the Ethiopian constitution. The paper argues that Ethiopia’s development efforts must take account of both the constitutive and prescriptive nature of the RTD if social equity is to be met.

Keywords: development, Ethiopia, lower Omo valley, right-based approach, right to development, people, people’s right

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Authors: E. Sahar

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Civic political knowledge is crucial for the stability of democratic countries. In the USA, Americans have poor knowledge about their constitution and their political systems. Some states such as Florida State suffers from a huge decline in civics comparing to the National Average. This study concerns with using new technologies such as augmented reality to engage students in learning civics in classrooms. This is a participatory study, which engage teachers in the process of designing augmented reality civic games. The researcher used survey to find out the materials that teachers struggle with while teaching civics. Four lessons were found the most difficult to teach for middle school students: SS7C1.1 Enlightenment thinkers, SS7C1.2 influencing documents, SS7C1.7-Weakness of the Articles of Confederation, and Forms and systems of governments. For the limited scope of this study, we focused on “Forms and Systems of governments’ as the main project. Augmented Reality is used to help students to engage in learning civics through building a game that is based on the pedagogy constructivism theory. The resulted project meets the educational requirements for civics, provide students with more knowledge in at stake issues such as migration and citizenship, and help them to build leadership skills while playing in groups. The augmented reality game is also designed to test the students learning for each stage. This study helps to generate insightful implications for the use of augmented reality by educators, researchers, instructional designers, and developers who are interested in integrating technology in teaching civics for students in middle school classrooms.

Keywords: augmented reality, games, civics teaching, Florida middle school

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Authors: Lucia Perez, Maria Gaton y Santa Palella

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Starting from the etymology of the word culture, the Latin term ‘colere’, whose meaning is to cultivate, we understand that the society that cultivates its knowledge is laying the foundations for new possibilities. In this sense, art and fashion contain the same attributes: concept, aesthetic principles, and refined techniques. Both play a crucial role, communication, and this implies a sense of community, relationship with tradition, and innovation. This is the mirror in which to contemplate, but also the space that helps to grow. This is the framework where our object of study opens up: the anthropological management or the mission management model applied to fashion exhibitions in museums and cultural institutions. For this purpose, a bibliographic review has been carried out with its subsequent analysis, a case study of three successful exhibitions: ‘Christian Dior: designer of dreams’, ‘Balenciaga and the Spanish painting’, and ‘China: Through the Looking Glass’. The methodology has been completed with interviews focused on the curators. Amongst the results obtained, it is worth highlighting the fundamental role of transcendent leadership, which, in addition to being results-oriented, must align the motivations of the collaborators with the mission. The anthropological management model conceives management as a service, and it is oriented to the interests of the staff and the public, in short, of the person; this is what enables the objectives of effectiveness, efficiency, and social value to be achieved; dimensions, all necessary for the proper development of the mission of the exhibitions. Fashion, understood as art, is at the service of culture, and therefore of the human being, which defines a transcendent mission. We conclude that the profile of an anthropological management model applied to fashion exhibitions in museums is the ideal one to achieve the purpose of these institutions.

Keywords: art, culture, fashion, anthropological model, fashion exhibitions

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Authors: Stacie Nelson Colling, Adele Cummings

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The United States Supreme Court recently announced that it is unconstitutional to sentence a child to life without parole for non-homicide offenses, and that each child so situated must be afforded a meaningful opportunity for release from prison in his lifetime. The Court also declared that it is unconstitutional to impose a mandatory sentence of life without parole on a child for homicide offenses. Across the United States, attorneys and advocates continue to litigate issues surrounding the implementation of these legal principles. Some states have held that any sentence to a finite term of years, no matter how long, is not the same as ‘life’ and therefore does not violate the constitution. Other states have held that a sentence to a term of years that is less than the expected life of that particular child is not unconstitutional. In Colorado, the courts have routinely looked to life expectancy estimates from governmental organizations to determine how long a particular child is expected to live. They then compare that the date that the child is expected to be eligible for parole, and if the child is expected to still be living when he is eligible for parole, the sentence is deemed constitutional. This paper argues that it is inappropriate, reckless, unconstitutional and not scientifically sound to use such estimates in determining whether a child will have a meaningful opportunity for release from prison and life outside of prison before he dies. This paper argues that the opportunity for release must mean more than a probability that a child will be released before his death, and that it must include an opportunity for a meaningful life outside of prison (not just the opportunity to be released and then die on the outside). The paper further argues that life expectancy estimates cannot guide a court or a legislature in determining whether a sentence is or is not constitutional.

Keywords: life without parole, life expectancy, juvenile sentencing, meaningful opportunity for release from prison

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Authors: L. M. Hayyan ul Haq, Lalu Sabardi

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This research is aimed at exploring an appropriate regulatory model in coherencing a diametrical interest between the state, Adat legal community, and private interests in utilising and optimizing land in Indonesia. This work is also highly relevant to coherencing the obligation of the state to respect, to fulfill and to protect the fundamental rights of people, especially to protect the communal or adat community rights to the land. In visualizing those ideas, this research will use the normative legal research to elaborate the normative problem in land use, as well as redesigning and creating an appropriate regulatory model in bridging and protecting all interest parties, especially, the state, Adat legal community, and private parties. In addition, it will also employ an empirical legal research for identifying some operational problems in protecting and optimising the land. In detail, this research will not only identify the problems at the normative level, such as conflicted norms, the absence of the norms, and the unclear norm in land law, but also the problems at operational level, such as institutional relationship in managing the land use. At the end, this work offers an appropriate regulatory model at the systems level, which covers value and norms in land use, as well as the appropriate mechanism in managing the utilization of the land for the state, Adat legal community, and private sector. By manifesting this objective, the government will not only fulfill its obligation to regulate the land for people and private, but also to protect the fundamental rights of people, as mandated by the Indonesian 1945 Constitution.

Keywords: adat community rights, fundamental rights, investment, land law, private sector

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Authors: Laura Mendez

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Tribunals for the prosecution of crimes against humanity have been implemented in recent history via international intervention or imposed by one side of the conflict, as in the cases of Rwanda, Iraq, Argentina, and Chile. However, the creation of a criminal tribunal as the result of a peace agreement between formerly warring parties has been unique to the Colombian peace process. As such, the Colombian Jurisdiction for Peace (SJP), or JEP for its Spanish acronym, is viewed as a site of social contestation where actors shape its design and implementation. This study contributes to the literature of transitional justice by analyzing how the framing of the creation of the Colombian tribunal reveals the parties' interests. The analysis frames the interests of the power-brokers, i.e., the government and the Revolutionary Armed Forces of Colombia (FARC), and the victims in light of the tribunal’s functions. The purpose of this analysis is to understand how the interests of the parties are embedded in the designing of the SJP. This paper argues that the creation of the SJP rests on restorative justice, for which the victim, not the perpetrator, is at the center of prosecution. The SJP’s approach to justice moves from prosecution as punishment to prosecution as sanctions. SJP’s alternative sanctions focused on truth, reparation, and restoration are designed to humanize both the victim and the perpetrator in order to achieve reconciliation. The findings also show that requiring the perpetrator to perform labor to repair the victim as an alternative form of sanction aims to foster relations of reintegration and social learning between victims and perpetrators.

Keywords: transitional justice mechanisms, criminal tribunals, Colombia, Colombian Jurisdiction for Peace, JEP

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Authors: Zsuzsa Szakaly

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Several constitutions have explicit or implicit eternity clauses in the European Union, their classic roles were analyzed so far, albeit there are new possibilities emerging in relation to the identity of the constitutions of the Member States. The aim of the study is to look at the practice of the Constitutional Courts of the Member States in detail regarding eternity clauses where limiting constitutional amendment has practical bearing, and to examine the influence of such practice on Europeanization. There are some states that apply explicit eternity clauses embedded in the text of the constitution, e.g., Italy, Germany, and Romania. In other states, the Constitutional Court 'unearthed' the implicit eternity clauses from the text of the basic law, e.g., Slovakia and Croatia. By using comparative analysis to examine the explicit or implicit clauses of the concerned constitutions, taking into consideration the new trends of the judicial opinions of the Member States and the fresh scientific studies, the main questions are: How to wield the double-edged sword of eternity clauses? To support European Integration or to support the sovereignty of the Member State? To help Europeanization or to act against it? Eternity clauses can easily find themselves between a rock and a hard place, the law of the European Union and the law of a Member State, with more possible interpretations. As more and more Constitutional Courts started to declare elements of their Member States’ constitutional identities, these began to interfere with the eternity clauses. Will this trend eventually work against Europeanization? As a result of the research, it can be stated that a lowest common denominator exists in the practice of European Constitutional Courts regarding eternity clauses. The chance of a European model and the possibility of this model influencing the status quo between the European Union and the Member States will be examined by looking at the answers these courts have found so far.

Keywords: constitutional court, constitutional identity, eternity clause, European Integration

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Authors: Sarah Ryu

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Agricultural methods and ecological approaches employed by the pre-colonial Mayans may provide valuable insights into forest management and viable alternatives for resource sustainability in the face of major deforestation across Central and South America.Using a combination of observation data collected from the modern indigenous inhabitants near Mixco in Guatemala and historical data, this study was able to create a holistic picture of how the Maya maintained their ecosystems. Surveys and observations were conducted in the field, over a period of twelve weeks across two years. Geographic and archaeological data for this area was provided by Guatemalan organizations such as the Universidad de San Carlos de Guatemala. Observations of current indigenous populations around Mixco showed that they adhered to traditional Mayan methods of agriculture, such as terrace construction and arboriculture. Rather than planting one cash crop as was done by the Spanish, indigenous peoples practice agroforestry, cultivating forests that would provide trees for construction material, wild plant foods, habitat for game, and medicinal herbs. The emphasis on biodiversity prevented deforestation and created a sustainable balance between human consumption and forest regrowth. Historical data provided by MayaSim showed that the Mayans successfully maintained their ecosystems from about 800BCE to 700CE. When the Mayans practiced natural resource conservation and cultivated a harmonious relationship with the forest around them, they were able to thrive and prosper alongside nature. Having lasted over a thousand years, the Mayan empire provides a valuable lesson in sustainability and human attitudes towards the environment.

Keywords: biodiversity, forestry, mayan, sustainability

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Authors: Yuban Sebastian Cuartas-Agudelo, Sandra Marcela López-Hincapié, Vivianna Alexandra Garrido-Altamar, María de los Ángeles Rodríguez-Gázquez, Camilo Ruiz-Mejía, Lina María Martínez-Sánchez, Gloria Inés Martínez-Domínguez, Luis Eduardo Contreras, Felipe Eduardo Marino-Isaza

Abstract:

Introduction: Doping is a prohibited practice in competitive sports with potential adverse effects; therefore, it is crucial to describe the attitudes of athletes towards this behavior and to determine which o these increase the susceptibility to carry out this practice. Objective: To determine the attitude of high-performance athletes towards doping in a sports institute in the city of Medellin, Colombia. Methods: We performed a cross-sectional study during 2016, with a sample taken to convenience consisting of athletes over 18 years old enrolled in a sports institute of the city of Medellin (Colombia). The athletes filled by themselves the Petroczi and Aidman questionnaire: Performance Enhancement Attitude Scale (PEAS) adapted to the Spanish language by Morente-Sánchez et al. This scale has 17 items with likert answer options, with a score ranging from 1 to 6, with a higher score indicating a stronger tendency towards doping practices. Results: 112 athletes were included with an average age of 21.6 years old, a 60% of them were male and the most frequent sports were karate 17%, judo 12.5% and athletics 9.8%. The average score of the questionnaire was 35.5 points of a 102 possible points. The lowest score was obtained in the following items: Is Doping necessary 1,4 and Doping isn’t cheating, everyone does it 1,5. Conclusion: In our population, there is a low tendency towards doping practices.

Keywords: sports, doping in sports, athletic performance, attitude

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Authors: Drutika Upadhyay

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Rape is one of the most heinous crimes committed against the body of a woman violating her privacy and dignity. The Right to Privacy and the Right to Live with Dignity constitute the very essence of the Right to Life and Personal Liberty, a Fundamental Right guaranteed under Article 21 of the Indian Constitution. The study is conducted with the primary objective of analyzing the efficacy of rape laws in India. The study begins by explaining the origin, meaning, and kinds of rape recognised under Indian jurisprudence. Further, it explains various statutory and penal provisions relating to rape and the loopholes in such provisions. It focuses on the procedure followed during investigation and trial and also aims at developing an understanding of the rights of the victim and the sentence in cases of rape. The study also throws some light upon the amendments made to the criminal law and the recommendations of the Law Commission of India to meet the demands of the changing criminal justice delivery system. The outcome of the study suggests that the laws relating to rape have proved to be a major failure owing to the lack of proper implementation. Also, the lack of education among the masses leads to gender biasness, which is the ultimate cause for the commission of such crime. At last, the author concludes that the present criminal law system of the country contains various lacunae that need to be filled in so as to make the criminal justice system more stringent. Further, the scope of the definition of ‘rape’ needs to be widened in order to include such other acts of non-consensual and sexual nature that are currently not included in the definition. The author has adopted a non-doctrinal and analytical approach and relied upon the secondary sources of data for the purpose of the study. The scope of the study is limited to the crime committed against women.

Keywords: amendment, criminal law, fundamental right, personal liberty, privacy, rape

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Authors: Avneet Kaur

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India is a nation of villages. Traditionally, women had enjoyed a high social status in India. Our mythology, folklore and history are full of women who were epitomes of virtue, wisdom, power, and position. The important concern about their entry into the politics is of great importance all over the world. Women have performed excellently in social, economic and political sphere. However, the fact remains that despite constituting half of the population their representation among elected post continue to remain negligible in Panchayati Raj Institutions. Women in India suffered from many social economic handicaps such as illiteracy, economically dependent, social customs, traditions and rituals that are the main causes of their inactive participation in local governance. There is still widespread patriarchal outlook in the villages and the lack of experience on the part of women leadership are some of the major issues of debate. The implementation of the 73rd Amendment Act of the Indian Constitution in 1992 reserved 1/3 rd of the seats for women empowerment. It was a major step to encourage them to take part in the village politics. This kind of revolution was the beginning of women leadership in villages. The paper intends to study the role and importance of women leadership in Panchayati Raj Institutions in India. The paper is divided into four sections. First section deals with the introduction by taking into account the available research on this particular subject. Second section talks about the role played by women leadership in these institutions after the passing of 73rd Amendment Act. Third section deals with some of the critical insights of the study by discussing the problems faced by the active women’s leadership at the grassroots. Finally, the paper concludes with policy suggestions.

Keywords: women, leadership, grassroots, Panchayati Raj

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Authors: Helida T. G. Soares, Antonio J. P. da Silva

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As the society develops, the accumulation of solid waste in landfills, in the environment, and the depletion of the raw material increases. In this way, there is relevance in researching the interaction between the environmental management and civil construction; therefore, this project has for scope the analysis and the effects of the rubber microparticles use as a small aggregate added to the sand, producing an ecological mortar for the pavement constitution, from the mixture of a paste, composed of Portland cement and water, and its application in sports courts. It was used the detailed reutilization of micro rubber in its most primordial, micro form, highlighting the powder pattern as the additional balancing of the mortar, analyzing the evolution of the mechanical properties. Percentages of 5, 10 and 15% rubber were used based on the total mass of the trace, where there is no removal of aggregates or cement, only increment of the rubber. The results obtained through the mechanical test of simple compression showed that the rubber, added to the mortar, presents low mechanical resistance compared to the reference trait, the study of this subject is vast of possibilities to be explored. In this sense, we seek sustainability and innovation from the use of an ecological material, thus adding value and reducing the impact of this material on the environment. The manufacturing process takes place from the direct mixing of cement paste and rubber, whether manually, mechanically or industrially. It results in the production of a low-cost mortar, through the use of recycled rubber, with high efficiency in general properties, such as compressive strength and friction coefficient, allowing its use for the construction of floors for sports courts with high durability. Thus, it is possible to reuse this micro rubber residue in other applications in simple concrete artifacts.

Keywords: civil construction, ecological mortar, high efficiency, rubber

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Authors: Shankar Dhakal, Andrew Jones, Geoffrey W. Lummis

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The Federal Democratic Republic of Nepal is a linguistically, culturally, and ethnically diverse country with approximately 123 different spoken languages that represent several ethnic, cultural, and religious groups of people. With a population of about 30 million, long-standing disparities and inequalities in access and achievement in education have constantly been challenging to provide equitable educational opportunities for all students. While the new constitution of federal Nepal (2015) stipulates that all schools serve the interests of diverse communities, leadership practices have failed to adopt local contextual sensitivities, leading to traditional, authoritarian approaches and entrenched inequalities. However, little is known about how Nepali secondary school principals can adapt and implement context-responsive and equitable strategies to ensure equity and inclusiveness in its enormously diverse socio-cultural contexts. To fill this gap, this study explores how educational leadership approaches and philosophies are transformed using a multi-case automated/ethnographic research methodology underpinned by the paradigm of critical constructivism. This paper reconstructs to see if school leadership in Nepal can produce more equitable and contextual outcomes. The results of this study highlight the need for a paradigm shift and the adoption of innovative leadership approaches that foster humility, empathy, and compassion in school leaders to achieve better school outcomes. This research provides valuable insights into existing literary gaps and provides guidance for future school leadership policies and practices at the personal, cultural, and political levels.

Keywords: school leadership, auto/ethnography, equitable and context-responsive leadership, Nepal

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Authors: Naeem Ullah Khan, Kalsoom Khan

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No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: globalization, Pakistan, RTD, third-generation right

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Authors: Ovidiu Anemtoaicei

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This paper offers a possible answer to the question of what it means to think about men and masculinities through the philosophy of sexual difference as developed by Luce Irigaray, employing Gilles Deleuze’s concept of 'critique' and arguing, at the same time, for a concept of 'becoming-man' as an expression of this answer. First, while examining the nature of the role of male bodies underlying the theorizing of men and masculinities in the field of the Critical Studies of Men and Masculinities, the paper argues for a turn to sexual difference theory as an answer to the 'gap' between the representations on male bodies and their participation in thought and masculine subjective production. Secondly, sharing Luce Irigaray’s critique of Western thought, the paper explores alternative morphological bodily 'locations' for rethinking male imaginary in relation to male embodiments, on the one hand, and in relation to the maternal and the feminine, on the other hand. Thirdly, the paper develops the idea that a phenomenologically-influenced approach towards male bodies might be productive, especially when thought through Irigaray’s sexual difference as a relational and experiential ontology. Finally, while showing that Irigaray and Deleuze share a similar critique of Western philosophical thought and of the masculine historical subject, it proposes a rethinking of the concept of 'becoming-man' as an assemblage meeting between Irigaray’s theory of sexual difference and Deleuze and Guattari’s nomadologic project, as a possibility of thinking change in men’s masculine subjective constitution in relation to both women and other men. As far as the ethical implications of such rethinking are concerned, the paper urges for the cultivation of a masculine culture of stepping back and its constitutive political, social and cultural practices so as to make possible the construction of new spaces that would allow for the becoming of at least two subjects based on the respect for their differences.

Keywords: feminist philosophy, male bodies, masculinities, phenomenology, sexual difference

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Authors: Archen Sara Vincent

Abstract:

Gambling is the practice or act of betting or wagering on uncertain events with the hope of winning money or any other valuable assets. Nowadays, the practice of gambling can be seen in almost all grounds of events, especially in sports. In sports, this is commonly known among people as sports betting. The history of gambling can be traced about 2,000 years back. It originated from Greeks, from Greeks to the Romans, then to England, where betting on horse races was much popular among the elites. The evolution of gambling in sports has made a greater impact in the modern era. In India, the legality of gambling in sports is regulated by The Public Gambling Act 1867, which prohibits gambling activities in public places. The major draw of this statute is that it does not have specific laws regarding online sports gambling. Section 30 of The Indian Contract Act 1872 considers wagering agreements void. However, there are certain exceptions for this section, that is, (1) state-owned lotteries and (2) wagering on horse races with a sum of Rupees 500 or upward. As per the Indian Constitution, the rules regarding sports gambling are within the powers of the state legislatures. Some of the states have enacted their own laws which explicitly permit or prohibit gambling within their jurisdiction. Recently in Tamilnadu, The Tamilnadu Gaming Act was amended in 2021 to completely ban online gambling and betting. Moreover, the Central Government has introduced the Online Gaming and Prevention of Fraud Bill, 2018, to legalize and regulate sports betting in India. However, this bill has not yet been passed as law. Now as the Indian legal system does not have a specific rule regarding online sports gambling, sports betting companies use this major drawback and attract people to use the gambling and betting apps by advertising with well-known sports players and other celebrities. This paper aims to critically evaluate gambling in sports and the laws relating to it in India.

Keywords: history of gambling, The Public Gambling Act 1862, state legislations, gambling in India

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Authors: Odufu Ifakachukwu Clifford

Abstract:

Developing country governments are struggling to meet the basic needs and demands of citizens, especially so for the rural poor. With tightly constrained budgets, these governments have followed the lead of developed countries that have sought to restructure public service delivery through privatization, contracting out, public-private partnerships, and similar reforms. Such reforms in service delivery are generally welcomed when it is believed that private sector partners are better equipped to provide certain services than are governments. With respect to basic and essential services, however, a higher degree of uncertainty and apprehension exists as the focus shifts from simply minimizing the costs of delivering services to broadening access to all citizens. The constitution stipulates that everyone has the right to have access to sufficient food and water. Affordable and/or subsidized water, then, is not a privilege but a basic right of all citizens. Citizens elect political representatives to serve in office, with their sole mandate being to provide for the needs of the citizenry. As governments pass on some amount of responsibility for service delivery to private businesses, these governments must be able to exercise control in order to account to the people for the work done by private partners. This paper examines the legislative and policy frameworks as well as the environment within which PPPs take place in South Africa and the extent to which accountability can be strengthened in this environment. Within the aforementioned backdrop of PPPs and accountability, the constricted focus area of the paper aims to assess the extent to which the provision of clean and safe consumable water in South Africa is sustainable, cost-effective in terms of provision, and affordable to all.

Keywords: privatisation, accountability, essential services, government

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