Search results for: settler colonial studies
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 11566

Search results for: settler colonial studies

11476 Cultural Heritage Impact Assessments and the Negotiation of Identity in South Africa

Authors: Rosabelle Boswell

Abstract:

South Africa, a country with experience of both colonial rule and apartheid is now more than 25 years past its first democratic elections. However, and as noted in this article, South Africa is still experiencing the legacies of racial segregation and is concerned to address inequality by attracting investment for socioeconomic development. The paper offered considers five cultural heritage impact assessments conducted in South Africa for offshore oil and gas exploration and development. The results of the research, from more than 20 towns and cities in southern Africa, indicate a rich intangible cultural heritage in South Africa and Namibia, and the potential impacts on investor engagements for more inclusive and sustainable coastal development practices. The discussion advances critical heritage studies, taking into account socioeconomic realities and aboriginal concepts of nature and nature management.

Keywords: cultural heritage impact assessments, intangible cultural heritage, South Africa, ocean philosophies

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11475 Arabic Scholar’s Governance Advocacy and Nigeria’s National Security in Nigeria: Perspective of Al-Shaykh Usman Bin Fodio

Authors: Mohammad Jamiu Abdullahi, Shykh Ahmed Abdussalam

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The emergence of Arabic on the shore of West Africa heralded the practise of Islam and advocation for a just and egalitarian society. Islam, it was argued, has been perverted and subverted by the Hausa leadership. This necessitated the call for reforming Islam. Al-Shaykh Usman Bin Fodio grabbed the opportunity and fought the perverts to restore the glory of Islam and establish shari'ah way of life. This was the practice, especially in the northern part of Nigeria until the incursion of colonialism. The conquest of the colonial master halted the rule of jihadi leaderships and subjected them to colonialism under which only some aspects of Islamic system considered potentially beneficial to the British interest were retained. The current socio-political and economic crises in Nigeria has necessitated the need to look inwardly to the bulk of works, in Arabic, left behind by the Muslim scholars to help to salvage the country from its present political crisis, economic paralysis and legal decadence. This paper, therefore, examines the relevance of Arabic literary works that housed political/legal theories to salvaging the country from its present political crises, economic paralysis and legal decadence.

Keywords: Arabic Fodio Nigeria security, advocacy governance scholar Usman, British colonial perspective shaykh, leadership Islam jihad politics

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11474 Modern Sports and Imperial Solidarity: Sports, Mutiny and British Army in Colonial Malabar (1900-1930)

Authors: Anas Ali

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The British administration at Malabar, the southern coastal commercial outpost in the Indian Subcontinent, faced with a series of perpetual revolts from the Mappila Muslim peasants during the last decades of the 19th and early decades of the 20th century. The control of Malabar region was a concern for the British administrators as the region was a prime centre of spice trade and plantation products. The Madras government set up a special police battalion called the Malabar Special Police in 1884 and summoned different army battalions to Malabar to crush the revolts. The setting up of army camps in the rural Malabar led to the diffusion of modern sports as the army men played different games in the garrisons and with the local people. For the imperial army men deployed in Malabar, sports acted as a viable medium to strengthen solidarity with other European settlers. They actively participated in the ‘Canterbury Week’, an annual sporting event organized by the European planters and organized tournaments among themselves. This paper would argue that, sports enabled the imperial army men, European planters and British administrators to build camaraderie that enabled them to manifest their imperial solidarity during the time of these constant revolts. Based on newspaper reports and colonial memoirs, this paper would look at how modern sports enabled the imperial army men to be ‘good in health’ and create a feeling of ‘being at home’ during this period.

Keywords: imperial army, Malabar, modern sports, mutiny

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11473 Prospects for Sustainable Chemistry in South Africa: A Plural Healthcare System

Authors: Ntokozo C. Mthembu

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The notion of sustainable chemistry has become significant in the discourse for a global post-colonial era, including South Africa, especially when it comes to access to the general health system and related policies in relation to disease or ease of human life. In view of the stubborn vestiges of coloniality in the daily lives of indigenous African people in general, the fundamentals of present Western medical and traditional medicine systems and related policies in the democratic era were examined in this study. The situation of traditional healers in relation to current policy was also reviewed. The advent of democracy in South Africa brought about a variety of development opportunities and limitations, particularly with respect to indigenous African knowledge systems such as traditional medicine. There were high hopes that the limitations of previous narrow cultural perspectives would be rectified in the democratic era through development interventions, but some sections of society, such as traditional healers, remain marginalised. The Afrocentric perspective was explored in dissecting government interventions related to traditional medicine. This article highlights that multiple medical systems should be adopted and that health policies should be aligned in order to guarantee mutual respect and to address the remnants of colonialism in South Africa, Africa and the broader global community.

Keywords: traditional healing system, healers, pluralist healthcare system, post-colonial era

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11472 The Construction Women Self in Law: A Case of Medico-Legal Jurisprudence Textbooks in Rape Cases

Authors: Rahul Ranjan

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Using gender as a category to cull out historical analysis, feminist scholars have produced plethora of literature on the sexual symbolics and carnal practices of modern European empires. At a symbolic level, the penetration and conquest of faraway lands was charged with sexual significance and intrigue. The white male’s domination and possession of dark and fertile lands in Africa, Asia and the Americas offered, in Anne McClintock’s words, ‘a fantastic magic lantern of the mind onto which Europe projected its forbidden sexual desires and fears’. The politics of rape were also symbolically a question significant to the politics of empire. To the colonized subject, rape was a fearsome factor, a language that spoke of violent and voracious nature of imperial exploitation. The colonized often looked at rape as an act which colonizers used as tool of oppression. The rape as act of violence got encoded into the legal structure under the helm of Lord Macaulay in the so called ‘Age of Reform’ in 1860 under IPC (Indian penal code). Initially Lord Macaulay formed Indian Law Commission in 1837 in which he drafted a bill and defined the ‘crime of rape as sexual intercourse by a man to a woman against her will and without her consent , except in cases involving girls under nine years of age where consent was immaterial’. The modern English law of rape formulated under the colonial era introduced twofold issues to the forefront. On the one hand it deployed ‘technical experts’ who wrote textbooks of medical jurisprudence that were used as credential citation to make case more ‘objective’, while on the other hand the presumptions about barbaric subjects, the colonized women’s body that was docile which is prone to adultery reflected in cases. The untrustworthiness of native witness also remained an imperative for British jurists to put extra emphasis making ‘objective’ and ‘presumptuous’. This sort of formulation put women down on the pedestrian of justice because it disadvantaged her doubly through British legality and their thinking about the rape. The Imperial morality that acted as vanguards of women’s chastity coincided language of science propagated in the post-enlightenment which not only annulled non-conformist ideas but also made itself a hegemonic language, was often used as a tool and language in encoding of law. The medico-legal understanding of rape in the colonial India has its clear imprints in the post-colonial legality. The onus on the part of rape’s victim was dictated for the longest time and still continues does by widely referred idea that ‘there should signs, marks of resistance on the body of the victim’ otherwise it is likely to be considered consensual. Having said so, this paper looks at the textual continuity that had prolonged the colonial construct of women’s body and the self.

Keywords: body, politics, textual construct, phallocentric

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11471 The Role of Law in the Transformation of Collective Identities in Nigeria

Authors: Henry Okechukwu Onyeiwu

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Nigeria, with its rich tapestry of ethnicities, cultures, and religions, serves as a critical case study in understanding how law influences and shapes collective identities. This abstract delves into the historical context of legal systems in Nigeria, examining the colonial legacies that have influenced contemporary laws and how these laws interact with traditional practices and beliefs. This study examines the critical role of law in shaping and transforming collective identities in Nigeria, a nation characterized by its rich tapestry of ethnicities, cultures, and religions. The legal framework in Nigeria has evolved in response to historical, social, and political dynamics, influencing the way communities perceive themselves and interact with one another. This research highlights the interplay between law and collective identity, exploring how legal instruments, such as constitutions, statutes, and judicial rulings, have contributed to the formation, negotiation, and reformation of group identities over time. Moreover, contemporary legal debates surrounding issues such as citizenship, resource allocation, and communal conflicts further illustrate the law's role in identity formation. The legal recognition of different ethnic groups fosters a sense of belonging and collective identity among these groups, yet it simultaneously raises questions about inclusivity and equality. Laws concerning indigenous rights and affirmative action are essential in this discourse, as they reflect the necessity of balancing majority rule with minority rights—a challenge that Nigeria continues to navigate. By employing a multidisciplinary approach that integrates legal studies, sociology, and anthropology, the study analyses key historical milestones, such as colonial legal legacies, post-independence constitutional developments, and ongoing debates surrounding federalism and ethnic rights. It also investigates how laws affect social cohesion and conflict among Nigeria's diverse ethnic groups, as well as the role of law in promoting inclusivity and recognizing minority rights. Case studies are utilized to illustrate practical examples of legal transformations and their impact on collective identities in various Nigerian contexts, including land rights, religious freedoms, and ethnic representation in government. The findings reveal that while the law has the potential to unify disparate groups under a national identity, it can also exacerbate divisions when applied inequitably or favouring particular groups over others. Ultimately, this study aims to shed light on the dual nature of law as both a tool for transformation and a potential source of conflict in the evolution of collective identities in Nigeria. By understanding these dynamics, policymakers and legal practitioners can develop strategies to foster unity and respect for diversity in a complex societal landscape.

Keywords: law, collective identity, Nigeria, ethnicity, conflict, inclusion, legal framework, transformation

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11470 An Exploratory Study of Women in Political Leadership in Nigeria

Authors: Fayomi Oluyemi, Ajayi Lady

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This article raises the question of political leadership in the context of womens' roles and responsibilities in Nigeria. The leadership question in Nigeria is disquieting to both academics and policy actors. In a democratic society like Nigeria, the parameters for a well-deserved leadership position is characterised by variables of equity, competence, transparency, accountability, selflessness, and commitment to the tenets of democracy, but the failure of leadership is pervasive in all spheres of socio-political sectors in Nigeria. The paper appraises the activities of Nigerian women in the socio-political arena in Nigeria. It traces their leadership roles from pre-colonial through post-colonial eras with emphasis on 1914 till date. It is argued in the paper that gender imbalance in leadership is a bane to peaceful co-existence and development in Nigeria. It is a truism that gender-blind and gender biased political agendas can distort leadership activities. The extent of their contributions of the few outstanding women’s relative tranquility is highlighted in the theoretical discourse. The methodology adopted for this study is an exploratory study employing the extended case method (ECM). The study was carried out among some selected Nigerian women politicians and academics. Because of ECM's robustness as a qualitative research design, it has helped this study in identifying the challenges of these women thematically and also in constructing valid and reliable measures of the constructs. The study made use of ethnography and triangulation, the latter of which is used by qualitative researchers to check and establish validity in their studies by analyzing a research question from multiple perspectives, specifically Investigator triangulation which involves using several different investigators in the analysis process. Typically, this manifests as the evaluation team consisting of colleagues within a field of study wherein each investigator examines the question of political leadership with the same qualitative method (interview, observation, case study, or focus groups). In addition, data was collated through documentary sources like journals, books, magazines, newspapers, and internet materials. The arguments of this paper center on gender equity of both sexes in socio-political representation and effective participation. The paper concludes with the need to effectively maintain gender balance in leadership in order to enhance lasting peace and unity in Nigeria.

Keywords: gender, politics, leadership, women

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11469 Economic Impact of Ogbomoso Migrant Community in Jos Metropolis, Nigeria, 1940-2000

Authors: Afees Adebayo Salam

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This paper attempts an in-depth analysis of the economic impact of Ogbomoso migrant community in the Jos metropolis. It discusses the factors that motivated a sizeable number of Ogbomoso people (from southwestern Nigeria) to leave their hometown for a new place/space in Jos (northern Nigeria). It examines the historical antecedent of Ogbomoso migrants in northern Nigeria with emphasis on Jos metropolis. The movement of Ogbomoso migrants to Jos was dictated by the economic and social challenges of colonial and post-colonial periods. The political crisis of the 1960s was a contributory factor to the process of Ogbomoso migration to other parts of Nigeria. In the aftermath, many people migrated from Ogbomoso to different parts of the country and beyond to seek for better economic opportunities. The establishment of Ogbomoso migrant community in Jos was dated back to the colonial era when taxation was introduced by the British. Many people could not pay these taxes from their peasant farming activities, while some embarked on migration to places such as Jos, Kaduna, Kano, Keffi and Bauchi due to the harsh economic situation at home. Their settlement in Jos brought about success in several spheres of human endeavours. Ogbomoso migrants dominated both paid jobs and private business sector such as textile merchants, food stuff sellers, herbalists, printers, transporters, and religious missionaries, as well as clerical officers in the government establishments. Their remittances were invested in different sectors of Ogbomoso economy. The migrants had in one way or the other contributed to the socio-economic development of their host community in Jos as entrepreneurs. Branches of such industries were located in their hometown of Ogbomoso as a clear demonstration of community development. The remittance pattern of the migrants has transformed Ogbomoso to enviable position. Moreover, the economic success of Ogbomoso migrants over the period under review indicates the process of nation building due to peaceful nature of inter-ethnic engagements between Ogbomoso migrants and their host community in Jos. Therefore, the paper makes use of oral, archival and secondary sources to analyse the processes of migration and its economic impact. Oral interviews were conducted in Ogbomoso town with veteran migrants and their family members. Interviews were also conducted in Jos with the indigenous host community as well as other urban residents. Archival materials were obtained from Arewa House Archives and the National Archives, Kaduna and the National Archives, Ibadan.

Keywords: Ogbomoso migrants, Jos metropolis, community development, economic impact

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11468 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

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A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: armed attack, Eritrea, Ethiopia, self-defense, territorial integrity, use of force

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11467 The Political Haunting of “Martyrdom” in the Palestinian Context

Authors: Mai Awad

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This paper aims to focus on the phenomenon of martyrdom—particularly its performative aspect—and how social and popular cultural representations address the multiple meanings of the loaded image of a Palestinian martyr. This focus will help us to explore the possible reasons that might push Palestinians to consider pursuing “martyrdom” or suicide operations. Tracing what happened in the past and what is currently happening (that is, haunting) will aid in theorizing how the act/practice of “martyrdom” is produced. It is believed that there are social and political forces, particularly in a colonial society like Palestine, that influence the subject and its experience. But what is unique about this paper is its attempt to disclose the invisible, hidden narratives and complexities of Palestinian life that we do not see. By giving “martyrs” a chance to speak and express their own narratives—since “martyrs” usually leave written letters for their families, which are published after their death—this study must broaden the whole picture and discuss what is missing. The analytic method to be used: For the methodology, the paper recruits discourse analysis as a method for tracing the emergence, circulation, and productivity of the martyrdom discourse across a range of social practices in Palestinians’ everyday life after the Nakba. The paper analyzes the letters that “martyrs” left to their families, relatives, and the Palestinian community after their death. By letting “martyrs” speak for themselves and hearing their unique discourses, the research would suggest that more explanation is needed to describe the “martyr” identity. Hence, it is not possible to study the “martyr” identity in Palestine without understanding the colonial context that governs it and shapes their subjective experience.

Keywords: martyrdom, palestine, haunting, nakba 1948

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11466 From Stalemate to Progress: Navigating the Restitution Maze in Belgium and DRCongo

Authors: Gracia Lwanzo Kasongo

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In the realm of cultural heritage, few issues loom larger than the ongoing battle for restitution faced by European and African museums. In Belgium, this contentious process was set in motion by two pivotal events. Firstly, the resounding revelations of the French report on restitution, which boldly declared that 'over 90% of African cultural heritage resides outside of Africa Secondly, the seismic impact of the Black Lives Matter movement following the tragic death of George Floyd. These two events unleashed a wave of outrage among Afro-descendants, who viewed the possession of colonial collections as an enduring symbol of colonial dominance and a stark validation of the systemic racism deeply ingrained within Belgian society. The instrumentalization of cultural property as a means of wielding political power is by no means a novel concept. Its roots can be traced back to the constructed justifications that emerged in the 1950s, during which the Royal Museum for Central Africa in Tervuren played a pivotal role as the self-proclaimed 'guardian of Congolese cultural heritage'. This legacy of legitimizing colonial presence permeates the fabric of Belgium's museum reform policies and the structural management of museums in the Democratic Republic of Congo (DRC). Employing a dialectical approach, I embark on an exploration of the intricate historical interplay between the Royal Museum for Central Africa and the Institute of National Museums of Congo. From this vantage point, I delve into the arduous struggles faced by museums in both the DRC and Belgium as they grapple with the complex and contentious issue of cultural heritage restitution. Central to these struggles is the profound quest for meaning and (re)definition of museums, particularly for Congolese and Afro-descendant communities whose identities and narratives have long been marginalized and suppressed. As the narrative unfolds, I shed light on the prospects for cooperation that have emerged from my extensive fieldwork. Within the interplay of historical entanglements, struggles for restitution, and the search for a more inclusive and equitable museum landscape, glimmers of hope emerge. Collaborative efforts and potential avenues for mutual understanding between Belgium and the DRC begin to take shape, offering a beacon of possibility amidst the often tumultuous discourse surrounding cultural heritage.

Keywords: restitution, museum stuggles, belgium, DRCongo

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11465 Identifying the Faces of colonialism: An Analysis of Gender Inequalities in Economic Participation in Pakistan through Postcolonial Feminist Lens

Authors: Umbreen Salim, Anila Noor

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This paper analyses the influences and faces of colonialism in women’s participation in economic activity in postcolonial Pakistan, through postcolonial feminist economic lens. It is an attempt to probe the shifts in gender inequalities that have existed in three stages; pre-colonial, colonial, and postcolonial times in the Indo-Pak subcontinent. It delves into an inquiry of pre-colonial as it is imperative to understand the situation and context before colonisation in order to assess the deviations associated with its onset. Hence, in order to trace gender inequalities this paper analyses from Mughal Era (1526-1757) that existed before British colonisation, then, the gender inequalities that existed during British colonisation (1857- 1947) and the associated dynamics and changes in women’s vulnerabilities to participate in the economy are examined. Followed by, the postcolonial (1947 onwards) scenario of discriminations and oppressions faced by women. As part of the research methodology, primary and secondary data analysis was done. Analysis of secondary data including literary works and photographs was carried out, followed by primary data collection using ethnographic approaches and participatory tools to understand the presence of coloniality and gender inequalities embedded in the social structure through participant’s real-life stories. The data is analysed using feminist postcolonial analysis. Intersectionality has been a key tool of analysis as the paper delved into the gender inequalities through the class and caste lens briefly touching at religion. It is imperative to mention the significance of the study and very importantly the practical challenges as historical analysis of 18th and 19th century is involved. Most of the available work on history is produced by a) men and b) foreigners and mostly white authors. Since the historical analysis is mostly by men the gender analysis presented misses on many aspects of women’s issues and since the authors have been mostly white European gives it as Mohanty says, ‘under western eyes’ perspective. Whereas the edge of this paper is the authors’ deep attachment, belongingness as lived reality and work with women in Pakistan as postcolonial subjects, a better position to relate with the social reality and understand the phenomenon. The study brought some key results as gender inequalities existed before colonisation when women were hidden wheel of stable economy which was completely invisible. During the British colonisation, the vulnerabilities of women only increased and as compared to men their inferiority status further strengthened. Today, the postcolonial woman lives in deep-rooted effects of coloniality where she is divided in class and position within the class, and she has to face gender inequalities within household and in the market for economic participation. Gender inequalities have existed in pre-colonial, during colonisation and postcolonial times in Pakistan with varying dynamics, degrees and intensities for women whereby social class, caste and religion have been key factors defining the extent of discrimination and oppression. Colonialism may have physically ended but the coloniality remains and has its deep, broad and wide effects in increasing gender inequalities in women’s participation in the economy in Pakistan.

Keywords: colonialism, economic participation, gender inequalities, women

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11464 Igbo Art: A Reflection of the Igbo’s Visual Culture

Authors: David Osa-Egonwa

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Visual culture is the expression of the norms and social behavior of a society in visual images. A reflection simply shows you how you look when you stand before a mirror, a clear water or stream. The mirror does not alter, improve or distort your original appearance, neither does it show you a caricature of what stands before it, this is the case with visual images created by a tribe or society. The ‘uli’ is hand drawn body design done on Igbo women and speaks of a culture of body adornment which is a practice that is appreciated by that tribe. The use of pattern of the gliding python snake ‘ije eke’ or ‘ijeagwo’ for wall painting speaks of the Igbo culture as one that appreciates wall paintings based on these patterns. Modern life came and brought a lot of change to the Igbo-speaking people of Nigeria. Change cloaked in the garment of Westernization has influenced the culture of the Igbos. This has resulted in a problem which is a break in the cultural practice that has also affected art produced by the Igbos. Before the colonial masters arrived and changed the established culture practiced by the Igbos, visual images were created that retained the culture of this people. To bring this point to limelight, this paper has adopted a historical method. A large number of works produced during pre and post-colonial era which range from sculptural pieces, paintings and other artifacts, just to mention a few, were studied carefully and it was discovered that the visual images hold the culture or aspects of the culture of the Igbos in their renditions and can rightly serve as a mirror of the Igbo visual culture.

Keywords: artistic renditions, historical method, Igbo visual culture, changes

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11463 Understanding Indigenous Perspectives and Critical Knowledge in International Law

Authors: Radhika Jagtap

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Contemporary scholarship in international legal theory is investigating new avenues of providing alternatives to dominant concepts. Indigenous peoples’ philosophies and perspectives developed through them provide a fertile ground to explore similar alternative ideas. This review paper evaluates the theorized accounts of indigenous scholarships which have contributed towards a rich body of knowledge generating alternative visions on dominant notions of ‘post coloniality’, ‘resistance’ and ‘globalization’. Further, it shall assess the relevance of such a project in shaping contemporary international legal thought. Traditional or classical international law has been opined to be highly influenced by the colonial and imperialist history which also left a mark on the way dominant discourses of resistance and globalization are read in mainstream international law. The paper shall first define what do we mean by indigenous philosophy and what kind of indigeneity is that inclusive of. Second, the paper defines the dominant discourse and then counters the same with the alternative indigenous perspective in the case of each concept that is in question. Finally, the paper shall conclude with certain theoretical findings – that the post coloniality, from indigenous perspective, lead to the further marginalization of indigeneity, especially in the third world; that human rights as the sole means of representing resistance in international law ends up making it a very state-centric discipline and last, that globalization from an indigenous, marginalised perspective is not as celebrated as it is in mainstream international law. Major scholarly works that shall be central to the discussion are those of Linda Tuiwahi Smith, Ella Shohat and David Harvey. The nature of the research shall be inductive and involve mostly theoretical review of scholarly works.

Keywords: indigenous, post colonial, globalization, perspectives

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11462 Progress of Legislation in Post-Colonial, Post-Communist and Socialist Countries for the Intellectual Property Protection of the Autonomous Output of Artificial Intelligence

Authors: Ammar Younas

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This paper is an attempt to explore the legal progression in procedural laws related to “intellectual property protection for the autonomous output of artificial intelligence” in Post-Colonial, Post-Communist and Socialist Countries. An in-depth study of legal progression in Pakistan (Common Law), Uzbekistan (Post-Soviet Civil Law) and China (Socialist Law) has been conducted. A holistic attempt has been made to explore that how the ideological context of the legal systems can impact, not only on substantive components but on the procedural components of the formal laws related to IP Protection of autonomous output of Artificial Intelligence. Moreover, we have tried to shed a light on the prospective IP laws and AI Policy in the countries, which are planning to incorporate the concept of “Digital Personality” in their legal systems. This paper will also address the question: “How far IP of autonomous output of AI can be protected with the introduction of “Non-Human Legal Personality” in legislation?” By using the examples of China, Pakistan and Uzbekistan, a case has been built to highlight the legal progression in General Provisions of Civil Law, Artificial Intelligence Policy of the country and Intellectual Property laws. We have used a range of multi-disciplinary concepts and examined them on the bases of three criteria: accuracy of legal/philosophical presumption, applying to the real time situations and testing on rational falsification tests. It has been observed that the procedural laws are designed in a way that they can be seen correlating with the ideological contexts of these countries.

Keywords: intellectual property, artificial intelligence, digital personality, legal progression

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11461 Patriarchy in Caste Society and Control over Women’s Sexuality in India

Authors: Renu Singh

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The caste system in Indian society plays an important role in subjugation of women. It creates divides and controls over women’s sexuality in various ways. This paper attempts to look into various modes in which the institution of caste makes some forms of sexuality as socially “acceptable” norms, while deems others as obscene, immoral and against social ethos. Based on a review of existing literature in this area this paper attempts to understand the notion of sexuality in Indian context. It tries to understand how the emergence of norms and values of sexual behaviour has been entwined with the evolution of caste system and the subjugation of many sections of Indian society. It also attempts to trace the internalisation of patriarchal values in Indian society, and the role played by the colonial rulers in creating and maintaining stringent division of space into public and private ones. It is argued here that brahmanical patriarchy, which is a unique phenomenon of the Indian Subcontinent, plays a crucial role in subjugating and controlling women in general and their sexuality in particular. It also creates a divide among women of different castes. Furthermore, the process of colonisation played an important role in shaping the discourse of sexuality in its present form. There were contradictions as well as consensus between the colonial rulers over the questions of regulation of the private domain, as in introducing reform legislation in the nineteenth century informed the debate on sexuality in postcolonial India. The process of emergence of the dichotomous notions of ‘good’ and ‘bad’ sexuality, and the resistance to any ‘deviation’ from the ‘normal’ sexuality is located, not merely in the ‘passive’ evolution of society, but in the actual politics of it.

Keywords: caste, control, sexuality, regulation, brahmanical patriarchy, India

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11460 Reassembling a Fragmented Border Landscape at Crossroads: Indigenous Rights, Rural Sustainability, Regional Integration and Post-Colonial Justice in Hong Kong

Authors: Chiu-Yin Leung

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This research investigates a complex assemblage among indigenous identities, socio-political organization and national apparatus in the border landscape of post-colonial Hong Kong. This former British colony had designated a transient mode of governance in its New Territories and particularly the northernmost borderland in 1951-2012. With a discriminated system of land provisions for the indigenous villagers, the place has been inherited with distinctive village-based culture, historic monuments and agrarian practices until its sovereignty return into the People’s Republic of China. In its latest development imperatives by the national strategic planning, the frontier area of Hong Kong has been identified as a strategy site for regional economic integration in South China, with cross-border projects of innovation and technology zones, mega-transport infrastructure and inter-jurisdictional arrangement. Contemporary literature theorizes borders as the material and discursive production of territoriality, which manifest in state apparatus and the daily lives of its citizens and condense in the contested articulations of power, security and citizenship. Drawing on the concept of assemblage, this paper attempts to tract how the border regime and infrastructure in Hong Kong as a city are deeply ingrained in the everyday lived spaces of the local communities but also the changing urban and regional strategies across different longitudinal moments. Through an intensive ethnographic fieldwork among the borderland villages since 2008 and the extensive analysis of colonial archives, new development plans and spatial planning frameworks, the author navigates the genealogy of the border landscape in Ta Kwu Ling frontier area and its implications as the milieu for new state space, covering heterogeneous fields particularly in indigenous rights, heritage preservation, rural sustainability and regional economy. Empirical evidence suggests an apparent bias towards indigenous power and colonial representation in classifying landscape values and conserving historical monuments. Squatter and farm tenants are often deprived of property rights, statutory participation and livelihood option in the planning process. The postcolonial bureaucracies have great difficulties in mobilizing resources to catch up with the swift, political-first approach of the mainland counterparts. Meanwhile, the cultural heritage, lineage network and memory landscape are not protected altogether with any holistic view or collaborative effort across the border. The enactment of land resumption and compensation scheme is furthermore disturbed by lineage-based customary law, technocratic bureaucracy, intra-community conflicts and multi-scalar political mobilization. As many traces of colonial misfortune and tyranny have been whitewashed without proper management, the author argues that postcolonial justice is yet reconciled in this fragmented border landscape. The assemblage of border in mainstream representation has tended to oversimplify local struggles as a collective mist and setup a wider production of schizophrenia experiences in the discussion of further economic integration among Hong Kong and other mainland cities in the Pearl River Delta Region. The research is expected to shed new light on the theorizing of border regions and postcolonialism beyond Eurocentric perspectives. In reassembling the borderland experiences with other arrays in state governance, village organization and indigenous identities, the author also suggests an alternative epistemology in reconciling socio-spatial differences and opening up imaginaries for positive interventions.

Keywords: heritage conservation, indigenous communities, post-colonial borderland, regional development, rural sustainability

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11459 Magnetic Solvent Extraction Using Nanoparticles Coated by Oleic Acid

Authors: Natália C. C. Lobato, Ângela M. Ferreira, Marcelo B. Mansur

Abstract:

In solvent extraction operations, large sedimentation areas in the mixer-settler are required when the disengagement of the aqueous and the organic phases is slow and/or difficult. The use of a magnetic organic liquid (also known as ferrofluid), consisting of magnetite nanoparticles coated by oleic acid dispersed in the organic diluent, has proven successful to speed up phase disengagement. The method, however, has never been used industrially; therefore, the aim of this study is to raise its main limitations. Tests were carried out using a ferrofluid containing 30 g/l of magnetite dissolved in commercial aliphatic kerosene Exxsol D80. The efficiency of cobalt extraction ([Co] = 1 g/l) with 10% v/v Cyanex 272 (bis-2,4,4-trimethylpentyl phosphinic acid) at changing pH of the aqueous phase (2 to 7) was found unaffected in the conditions studied. However, the chemical resistance of the ferrofluid in contact with deionized water at changing acidity (from 10-7 to 2 mol/l) revealed that the nanoparticles are not resistant when contacted to aqueous solutions with a pH ≤ 2. Such result represents a serious limitation to the applicability of the method mainly to hydrometallurgical systems because solvent extraction operations are normally done in acid conditions, therefore more effective strategies to coat the particles are required.

Keywords: magnetic solvent extraction, oleic acid, magnetite nanoparticles, cyanex 272

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11458 Galtung’s Violence Triangle: We Need to Be Thinking Upside Down

Authors: Michael Fusi Ligaliga

Abstract:

Peace and Conflict Studies (PACS), despite being a new pedagogical discipline, is a growing interdisciplinary academic field that has expanded its presence from the traditional lens of war, conflict, and violence to addressing various social issues impacting society. Family and domestic violence (FDV) has seldom been explored through the PACS lens despite some studies showing that “on average, nearly 20 people per minute are physically abused by an intimate partner in the United States. Over one year, this equates to more than 10 million women and men.” In the Pacific, FDV rates are some of the highest in the world. The friction caused by cultural practices reinforcing patriarchy and male impunity, compounded by historical colonial experiences, as well as the impact of Christianity on the Pacific region, creates a complex social landscape when thinking about and addressing FDV in the Pacific. This paper seeks to re-examine Johan Galtung’s violence triangle (GVT) theory and its application to understanding FDV in the Pacific. Galtung argues that there are three forms of violence – direct, structural, and cultural. Direct violence (DV) is behaviors that threaten life itself or diminishes the ability of a person to meet his or her basic needs. This form of violence is visible because it is manifested in behaviors such as killing, maiming, sexual assault, etc. Structural violence (SV) exists when people do not get equal access to goods and services (health, education, justice) that enable them to reach their full potential. When ideologies embedded in cultural norms and practices are used to justify and advocate acts of violence by shifting the moral parameters from being wrong to right or acceptable, this, according to Galtung, is referred to as Cultural violence (CV).

Keywords: direct violence, cultural violence, structural violence, indigenous peacebuilding, samoa

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11457 A Sense of Home: Study of Walk-up Apartment Housing Units In Yangon, Myanmar

Authors: Phyo Kyaw Kyaw

Abstract:

In the Yangon urban landscape, one could not help, but notice old buildings from the colonial period along with condominium developments recently, and many walk-up apartment buildings to accommodate the urbanization, growing population and social-economic status of Myanmar people. Walk-up apartments were built and popular after the British colonial period (around 1950s) and are still built up to today due to its cost-effectiveness and to accommodate low to mid-income residents in the metropolitan Yangon. Approximately 90% of apartment buildings are walk-up apartments. The common impression of walk-up apartments in Yangon appears to be old rectangular box shape, homogenous envelope and limited square feet dull interior small space. In other words, the buildings are full of constraints, lack of good user experiences, and they are not well-fitted in the modern days. Therefore, the resident suffers consequently many years, some may live in the apartment their entire lives. Thousands of people living in the walk-up apartment on a daily basis are being shaped by the space and its inadequate quality of living. Can it be called “Home” by the dwellers or is the place a temporary shelter?. Online semi-structured interviews of 15 apartments’ residents and online questionnaire surveys of 70 apartment residents are conducted. This research aims to explore what makes “Home” “A sense of Home” for walk-up apartment users in Yangon, Myanmar by studying subjective responses shaped by the interior and experience of the spaces in apartment to understand the perception of the residents and improve the quality of living. The result reflects the priority level of important factors in relation to the sense of home framework.

Keywords: home, living quality, space, perception, residents, walk-up apartment, Yangon

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11456 Heritage Landmark of Penang: Segara Ninda, a Mix of Culture

Authors: Normah Sulaiman, Yong Zhi Kang, Nor Hayati Hussain, Abdul Rehman Khalid

Abstract:

Segara Ninda owned by Din Ku Meh, the governor of the province Satul, a Malay man with a big role liaising with Thailand. This mansion is part of the legacy he left behind among other properties in George Town, Penang, besides his family. The island’s geographical location is strategic which has benefitted it through important trade routes for Europe, Middle, East, India, and China in the past. Due to this reasoning, various architectural styles were introduced in Penang; Late Straits Eclectic style is one of the forms of the Colonial Architectural style widely spread as vernacular shophouses in George Town. Segara Ninda is located among the mixture of nouveau-riche, historical and heritage sites at the most important street; Penang Road, which dated back to the late 18th century. This paper examines the strait eclectic style that Segara Ninda encompasses. Acknowledging the mixture of colonial architecture in Georgetown, we argue that the mansion faces challenging issues in conservation processes to be vindicated. This is reflected by analysing the spatial layout, visual elements quality, and its activity through interviews with the occupants of the mansion. The focus will be on the understanding of building form, features, and functions; respecting the architectural spaces and their activity. The methodology applied is to promote our understanding of the mix of culture that the mansion holds through documentation, observation and measuring exercises. This offers a positional interpretation of the mix of culture that the mansion holds. This conservation effort will further contribute exposure to the public and recognize it in the society as its essence is a deficiency character to the existing built environment.

Keywords: eclectic, heritage, spatial organization, culture

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11455 Initial Settlers and Gender Norms: Evidence From the United States

Authors: Joanne Haddad

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The distinctive traits of early settlers at initial stages of institutional development may be crucial for cultural formation. In 1973, the cultural geographer Wilbur Zelinsky postulated this in his doctrine of “first effective settlement”. There is however little empirical evidence supporting the role of early settlers in shaping culture over the long run. This paper tests this hypothesis by relating early settlers’ culture to within state variation in gender norms in the United States. Settlers’ culture is captured using past female labor force participation, women’s suffrage, and financial rights at their place of origin. The paper documents the distinctive characteristics of settlers’ populations and provide suggestive evidence in support of the transmission of gender norms across space and time. Results from this analysis show that women’s labor supply is higher, in both the short and long run, in U.S. counties that historically hosted a larger settler population originating from places with favorable gender attitudes. Findings from this study shed new light on the importance of the characteristics of immigrants and their place of origin for cultural formation in hosting societies.

Keywords: female labor force participation, settlers, gender norms, cultural formation.

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11454 Unshackled Slaves: An Analysis of the Adjudication of Degrading Conditions of Work by Brazilian Labour Courts

Authors: Aline F. C. Pereira

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In recent years, modern slavery has increasingly gathered attention in scholarly discussions and policy debates. Whereas the mainstream studies focus on forced labour and trafficking, little attention is paid to other forms of exploitation, such as degrading conditions of work –criminalised in Brazil as an autonomous type of slavery since 2003. This paper aims to bridge this gap. It adopts a mixed method that comprises both qualitative and quantitative analysis, to investigate the adjudication of 164 cases of degrading conditions of work by Brazilian labour courts. The research discloses an ungrounded reluctance to apply the domestic legal framework, as in most of the cases degrading conditions of work are not recognised as contemporary slavery, despite the law. In some cases, not even situations described as subhuman and degrading of human dignity were framed as slavery. The analysis also suggests that, as in chattel times, lack of freedom and subjection remain relevant in the legal characterisation of slave labour. The examination has further unraveled a phenomenon absent in previous studies: normalisation of precarity. By depicting precarity as natural and inevitable in rural areas, labour courts ensure conformity to the status quo and reduce the likelihood of resistance by victims. Moreover, compensations afforded to urban workers are higher than granted to rural employees, which seems to place human beings in hierarchical categories -a trace of colonialism. In sum, the findings challenge the worldwide spread assumption that Brazil addresses slavery efficiently. Conversely, the Brazilian Labour Judiciary seems to remain subservient to a colonial perspective of slavery, legitimising, and sanctioning abusive practices.

Keywords: adjudication, contemporary slavery, degrading conditions of work, normalisation of precarity

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11453 Deconstructing the Niger-Delta Crises: In Esiaba Irobi's Cemetery Road and Hangmen Also Die

Authors: Chukwukelue Uzodinma Umenyilorah

Abstract:

The history of the crises in Niger-Delta is readily traceable to the post-colonial oil boom of the early 70s. Prior to this time, it was widely believed that the people of Niger-Delta; especially those in the present day Rivers, Delta and Bayelsa States enjoyed a peaceful coexistence pretty much as the rest of Nigerians. In the early 70s however, crude oil was discovered in commercial quantities in these areas and tranquility has become a far cry over the years ever since then. First, a number of multi-national oil explorers moved into the Niger-Delta for business, and then certain conditions resulted in sundry instances of oil spillage, which caused a lot of environmental damage, destroying nearly all of the people’s sources of livelihood. The result was a multiple chain reaction ranging from incessant agitations from the natives to institutionalized dialogue between the oil business owners, the natives and the government, and then to a proposition of compensation packages for the affected communities. The said compensation, which was meant to bring peace seem to have brought even more crises instead. Corruption and greed crept in, money changed hands, suffering increased and so was the agitation from the people. The whole turn of events gradually snowballed into the formation of various militant groups who are now fingered as responsible for the sundry cases of violence in the Niger-Delta. The oil boom can, therefore, be said to be the immediate cause of the Niger-Delta crises, but there are other remote causes as well; including poverty, neglect and illiteracy to mention but a few. This study is therefore aimed at examining the various reasons behind the seemingly unending crises in the Niger-Delta. It will also take a critical look at the roles played by the various parties in the Niger-Delta crises from the 70s to date; as well as the various human and environmental devastations done in the area with a view to making informed suggestions on how to stop further damage and start fixing that, which is already done. Esiaba Irobi’s Cemetery Road and Hangmen Also Die seem to vividly capture the realities of the Niger-Delta situation, and shall, therefore, be reviewed in this study.

Keywords: corruption, Niger-delta, oil boom, post-colonial

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11452 Interrogating the Theoretical Basis of the Freedom Charter in South Africa

Authors: Sibonginkosi Mazibuko

Abstract:

The “adoption” of the Freedom Charter in 1955 at Kliptown south of Johannesburg, South Africa represented a desire to create a society that is based on common citizenship, and democracy. The architects of the Charter had a vision of a society that lived in peace with itself. Today, the Charter is still promoted as the best thing that ever happened to a society ravaged by racism, dispossession, oppression and exploitation – a society divided in all aspects of its life. This paper moves from the understanding that land is fundamental to all life. It interrogates the Charter’s claim on land. At a time when the colonised world sought to free themselves from the chains of colonialism and Africans throughout the continent demanded Africa for the Africans, the Freedom Charter claimed South Africa for all who lived in it. To the extent that this paper problematizes the philosophical underpinnings of the Charter, it uses the methodology of dialectic materialism to understand the theoretical basis of the Freedom Charter. The paper argues that the understanding, desire and the vision of the Freedom Charter were, as they are today, irreconcilable. To that effect and in pursuit of narrow class interests, the Charter justified land dispossession and unsustainable living conditions for the dispossessed majority. The paper then concludes that, by misrepresenting the critically fundamental land question, the Charter tried to reconcile the dispossessed with their dispossession and thus reflected coloniality and whiteness long before colonialism and settler-colonialism came to an end in South Africa.

Keywords: colonialism, contradictions, freedom charter, South Africa

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11451 The Crisis of Displacement and Resettlement of Bakassi People of the Nigeria-Cameroon Borderlands

Authors: Geoffrey Nwaka

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After many years of a border dispute between Nigeria and Cameroon over the ownership of the Bakassi Peninsula, the International Court of Justice ruled in 2002 that, based on the 1913 colonial boundary agreement between Britain and Germany, the oil-rich Peninsula, inhabited for generations by Nigerians, and hitherto administered as one of Nigeria’s 774 Local Government Areas, belongs to Cameroon, and not to Nigeria. Under pressure from the international community, Nigeria and Cameroon signed the Greentree Accord in 2006 to comply peacefully with the ICJ ruling and to protect the fundamental rights and freedoms of the Bakassi people, whether they opted to remain in the Peninsula under the authority of Cameroon or relocate to Nigeria. Sadly, the Nigerian government and the international community underestimated the scale of displacement that would follow the withdrawal of the Nigerian administration and military forces from the area and did not prepare adequately for the massive influx of tens of thousands of Bakassi people hurriedly dislodged by the reported hostility of the Cameroon authorities and their security services. The paper discusses the historical context and contemporary significance of the crisis, the chaotic resettlement schemes and appalling humanitarian relief camps in ‘New Bakassi’, and the prolonged hardship and disillusionment of the disaffected refugees/returnees. The lesson for African and Asian governments and peoples is to avoid needless conflicts over the 'imported' colonial boundaries, to remove unnecessary border restrictions, and take fully into account the development needs and well-being of borderland communities that sometimes rightly feel that distant central governments negotiate their political and international interests at the expense of the borderlands; and finally, to begin to see the boundaries more as links and bridges for the cooperation and integration of African and Asian states and peoples, rather than as barriers and static lines of demarcation on the map.

Keywords: Africa, forced displacement, resettlement, border conflict, Bakassi

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11450 The Pedagogical Force of Land and Art in Graduate Social Work A/R/Tographic Research

Authors: Valerie Triggs, Michele Sorensen

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As two university professors in postsecondary faculties of social work and education, we have observed that students often recognize the importance of learning facts about colonization but have difficulty grappling with how they themselves might be implicated in reconciliation or how they might respond to these facts in meaningful ways. The detachment observed between students and factual information results in the initiation of a research study centered around an approach to teaching the course. This involved transitioning its pedagogical format to embrace a/r/tographic methods of teaching, learning, and inquiry. By taking seriously the arguments of various Indigenous scholars for learning from the land and by working alongside traditional Indigenous knowledge, we chose to engage a speculative approach to course design and teaching, which actually used the land as one of the course texts. We incorporated art practices that involved connecting bodies with land as well as using land materials in various creative and aesthetic projects while being informed by Medicine Keepers, Indigenous and settler artists, and knowledge-keeper helpers. In this study, we share some of the unanticipated themes that arose when students began to allow land and artmaking, both aesthetically and intuitively, through both joy and sorrow, to affect a reimagining and repositioning of selves and relations. We found that time and engagement with land and art began to build more empathic understanding and foster personal and professional practices grounded in respect, relevance, reciprocity, and responsibility.

Keywords: reconciliation, decolonization, artmaking, respect

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11449 Sustainable Capacity Building on Tourism Management of Touristic Destinations in Ghana: The Case of James and Ussher Forts in the Accra Metropolis

Authors: Fiona Gibson

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This study is on sustainable capacity building in tourism management of the touristic destination of forts and castles within the Accra Metropolis, of the Greater Accra Region of Ghana, notably, the Christianbough Castle, the James and Ussher Forts. These forts and castle mentioned above have a rich colonial historical past that emerged from the 17th century onwards on the Gulf Coast of Guinea of the West Africa Sub-Region. Unfortunately, apart from the Christianbough Castle, which used to be the seat of government until recently, the environment of James and Ussher Forts are in a deployable state of decay due to years of neglect. Jamestown and Usshertown fishing communities with historical colonial past of a rich touristic heritage sites are predominantly indigenous Gas who speak only the Ga language, one of the languages of the six local languages spoken in Ghana, as a medium for sustainable tourism management. The purpose of this study is to investigate the reasons for years of decay and neglect, using both qualitative and quantitative research approach for individual interviews, to develop a rich picture of life situational story of the people of James and Ussher Forts environs and finding solutions to their predicaments through internal generated funds for sustainability of tourism management within the communities. The study recommends nation-wide educational campaigns and programmes on culture of maintenance and management for sustainable tourism development and management at all historical heritage sites in the country, specifically with the aim of promoting tourism in Ghana, using the indigenous local languages. The study also recommends formal and informal education for the residents, especially the youth to help them learn skills, either through local training or the formal education and this call for collaboration between the government of Ghana and other local and international bodies.

Keywords: sustainable capacity building, tourism management, forts, castles

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11448 Performing Marginality and Contestation of Ethnic Identity: Dynamics of Identity Politics in Assam, India

Authors: Hare Krishna Doley

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Drawing upon empirical data, this paper tries to examine how ethnic groups like Ahom, Moran, Motok, and Chutia creates and recreates ethnic boundaries while making claims for recognition as Scheduled Tribes (STs) under the Sixth Schedule of the Constitution of India, in the state of Assam. Underlying such claim is the distinct identity consciousness amongst these groups as they assert themselves originally as tribe drawing upon primordial elements. For them, tribal identity promises social justice and give credence to their claims of indigeneity while preserving their exclusivity within the multifarious society of Assam. Having complex inter-group relationships, these groups under study displays distinct as well as overlapping identities, which demonstrate fluidity of identities across groups while making claims for recognition. In this process, the binary of ‘us’ and ‘them’ are often constructed amongst these groups, which are in turn difficult to grasp as they share common historical linkages. This paper attempts to grapple with such complex relationships the studied groups and their assertion as distinct cultural entities while making ethnic boundaries on the basis of socio-cultural identities. Such claims also involve frequent negotiation with the Sate as well as with other ethnic groups, which further creates strife among indigenous groups for tribal identity. The paper argues that identity consciousnesses amongst groups have persisted since the introduction of resource distribution on ethnic lines; therefore, issues of exclusive ethnic identity in the state of Assam can be contextualised within the colonial and post-colonial politics of redrawing ethnic and spatial boundaries. Narrative of the ethnic leaders who are in the forefront of struggle for ST status revealed that it is not merely to secure preferential treatment, but it also encompasses entitlement to land and their socio-cultural identity as aboriginal. While noting the genesis of struggle by the ethnic associations for ST status, this paper will also delineate the interactions among ethnic groups and how the identity of tribe is being performed by them to be included in the official categories of ST.

Keywords: ethnic, identity, sixth schedule, tribe

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11447 Ilorin Traditional Architecture as a Good Example of a Green Building Design

Authors: Olutola Funmilayo Adekeye

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Tradition African practice of architecture can be said to be deeply rooted in Green Architecture in concept, design and execution. A study into the ancient building techniques in Ilorin Emirate depicts prominent (eco-centric approach of) Green Architecture principles. In the Pre-colonial era before the introduction of modern architecture and Western building materials, the Nigeria traditional communities built their houses to meet their cultural, religious and social needs using mainly indigenous building materials such as mud (Amo), cowdung (Boto), straws (koriko), palm fronts (Imo-Ope) to mention a few. This research attempts to identify the various techniques of applying the traditional African principles of Green Architecture to Ilorin traditional buildings. It will examine and assess some case studies to understand the extent to which Green architecture principles have been applied to traditional building designs that are still preserved today in Ilorin, Nigeria. Furthermore, this study intends to answer many questions, which can be summarized into two basic questions which are: (1) What aspects of what today are recognized as important green architecture principles have been applied to Ilorin traditional buildings? (2) To what extent have the principles of green architecture applied to Ilorin traditional buildings been ways of demonstrating a cultural attachment to the earth as an expression of the African sense of human being as one with nature?

Keywords: green architecture, Ilorin, traditional buildings, design principles, ecocentric, application

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