Search results for: religious rights

Authors: Francis Jegede

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This paper examines essential issues relating to the rise and nature of violent extremism involving non-state actors and groups in the early 21^st century. The global trends in terrorism and violent extremism are examined in relation to Western governments’ counter terror operations. The paper analyses the existing legal framework for fighting violent extremism and terrorism and highlights the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups. The paper discusses how terrorist groups use civilians, women and children as tools and weapon of war to fuel their campaign of terror and suggests ways in which the international community could deal with the challenge of fighting terrorist groups without putting civilians, women and children in harm way. The paper emphasises the need to uphold human rights values and respect for the law of war in our response to global terrorism. The paper poses the question as to whether the current legal framework for dealing with terrorist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. While the paper explains how terrorist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror, it also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.

Keywords: Terrorism, law of war, international law, violent extremism.

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Authors: Triyanto, Rima Vien Permata Hartanto

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Indonesia is a legal state. The consequence of this status is the recognition and protection of the existence of indigenous peoples. This paper aims to describe the dynamics of legal recognition and protection for indigenous peoples within the framework of Indonesian law. This paper is library research based on literature. The result states that although the constitution has normatively recognized the existence of indigenous peoples and their traditional rights, in reality, not all rights were recognized and protected. The protection and recognition for indigenous people need to be strengthened.

Keywords: Indigenous peoples, customary law, state law, state of law.

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Authors: Ruhaya Atan, Saunah Zainon, Roland Yeow Theng Nam, Sharifah Aliman

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This study examines the relevance of disclosure practices in improving the accountability and transparency of religious nonprofit organizations (RNPOs). The assessment of disclosure is based on the annual returns of RNPOs for the financial year 2010. In order to quantify the information disclosed in the annual returns, partial disclosure indexes of basic information (BI) disclosure index, financial information (FI) disclosure index and governance information (GI) disclosure index have been built which takes into account the content of information items in the annual returns. The empirical evidence obtained revealed low disclosure practices among RNPOs in the sample. The multiple regression results showed that the organizational attribute of the board size appeared to be the most significant predictor for both partial index on the extent of BI disclosure index, and FI disclosure index. On the other hand, the extent of financial information disclosure is related to the amount of donation received by RNPOs. On GI disclosure index, the existence of an external audit appeared to be significant variable. This study has contributed to the academic literature in providing empirical evidence of the disclosure practices among RNPOs.

Keywords: disclosure, index, partial, NPOs, religious

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Authors: N. Gelovani, D. Ismailov, S. Bochorishvili

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Religious minorities of Georgia include Muslims. Their composition is sufficiently miscellaneous, enclosing both ethnical viewpoint and belonging to the inner Islamic denomination. A majority of Muslims represent Azerbaijanis, who chiefly live in Kvemo Kartli (Bolnisi, Gardabani, Dmanisi, Tetri Tskaro, Marneuli and Tsalka). The catalyst for researchers of Islamic History is the geopolitical interests of Georgia, centuries-old contacts with the Islamic world, the not entirely trivial portion of Islam confessor population, the increasing influence of the Islamic factor in current religious-political processes in the world, the elevating procedure of Muslim religious self-consciousness in the Post-Soviet states, significant challenges of international terrorism, and perspectives of rapid globalization. The rise in the level of religious identity of Muslim citizens of Georgia (first of all of those who are not ethnic Georgians) is noticeable. New mosques have been constructed and, sometimes, even young people are being sent to the religious educational institutions of Muslim countries to gain a higher Islamic education. At a time when gender studies are substantive, the goal of which is to eliminate gender-based discrimination and violence in societies, it is essential in Georgia to conduct researches around the concrete problem – Islamic tradition, woman and education in Georgia. A woman’s right to education is an important indicator of women’s general status in a society. The appropriate resources, innovative analysis of Georgian ethnological materials, and surveying of the population (quantitative and qualitative research reports, working papers), condition the success of these researches. In the presented work, interrelation matters of Islam, gender and education in contemporary Georgia by the example of the Azerbaijani population in Kvemo Kartli during period 1992-2016 are studied. We researched the history of Muslim religious education centers in Tbilisi and Kvemo Kartli (Bolnisi, Gardabani, Dmanisi, Tetri Tskaro, Marneuli and Tsalka) in 1992-2016, on the one hand, and the results of sociological interrogation, on the other. As a result of our investigation, we found that Azeri women in the Kvemo Kartli (Georgia) region mostly receive their education in Georgia and Azerbaijan. Educational and Cultural Institutions are inaccessible for most Azeri women. The main reasons are the absence of educational and religious institutions at their places of residence and state policies towards Georgia’s Muslims. 

Keywords: Islam, gender, Georgia, education.

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Authors: Emine Tirali

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This article provides a conceptual framework of the freedom of media and its correlation with democracy. In a democracy, media should serve the publics’ right to know and reflect human rights violations and offer options for meaningful political choices and effective participation in civic affairs. On that point, the 2013 events at Gezi Park in Turkey are a good empirical example to be discussed. During the events, when self-censorship was broadly employed by mainstream Turkish media, social media filled the important role of providing information to the public. New technologies have made information into a fundamental tool for change and growth, and as a consequence, societies worldwide have merged into a single, interdependent, and autonomous organism. For this reason, violations of human rights can no longer be considered domestic issues, but rather global ones. Only global political action is an adequate response. Democracy depends on people shaping the society they live in, and in order to accomplish this, they need to express themselves. Freedom of expression is therefore necessary in order to understand diversity and differing perspectives, which in turn are necessary to resolve conflicts among people. Moreover, freedom of information is integral to freedom of expression. In this context, the international rules and laws regarding freedom of expression and freedom of information – indispensable for a free and independent media – are examined. These were put in place by international institutions such as the United Nations, UNESCO, the Council of Europe, and the European Union, which have aimed to build a free, democratic, and pluralist world committed to human rights and the rule of law. The methods of international human rights institutions depend on effective and frequent employment of mass media to relay human rights violations to the public. Therefore, in this study, the relationship between mass media and democracy, the process of how mass media forms public opinion, the problems of mass media, the neo-liberal theory of mass media, and the use of mass media by NGOs will be evaluated.

Keywords: Freedom of expression, democracy, public opinion, self-censorship.

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Authors: C. M. van der Bank, Marjoné van der Bank

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International and domestic environmental law has evolved quite rapidly in the last few decades. At the international level the Stockholm and Rio Declarations paved the way for a broad based consensus of the international community on environmental issues and principles. At the Domestic level also many states have incorporated environmental protection in their constitutions and even more states are doing the same at least in their domestic legislations. In this process of evolution environmental law has unleashed a number of novel principles such as; the participatory principle, the polluter pays principle, the precautionary principle, the intergenerational and intra-generational principles, the prevention principle, the sustainable development principle and so on.

Keywords: Environment, human rights, international, protection.

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Authors: M. Shukry

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According to the United Nations Declaration of Human Rights in 1948, every human being is entitled to rights in life that should be respected by others and protected by the state and community. Such rights are inherent regardless of colour, ethnicity, gender, religion or otherwise, and it is expected that all humans alike have the right to live without discrimination of any sort. However, that has not been the case with Aborigines in Australia. Over a long period of time, the governments of the State and the Territories and the Australian Commonwealth denied the Aboriginal and Indigenous inhabitants of the Torres Strait Islands such rights. Past Australian governments set policies and laws that enabled them to forcefully remove Indigenous children from their parents, which resulted in creating lost generations living the trauma of the loss of cultural identity, alienation and even their own selfhood. Intending to reduce that population of natives and their Aboriginal culture while, on the other hand, assimilate them into mainstream society, they gave themselves the right to remove them from their families with no hope of return. That practice has led to tragic consequences due to the trauma that has affected those children, an experience that is depicted by Jane Harrison in her play Stolen. The drama is the outcome of a six-year project on lost children and which was first performed in 1997 in Melbourne. Five actors only appear on the stage, playing the role of all the different characters, whether the main protagonists or the remaining cast, present or non-present ones as voices. The play outlines the life of five children who have been taken from their parents at an early age, entailing a disastrous negative impact that differs from one to the other. Unknown to each other, what connects between them is being put in a children’s home. The purpose of this paper is to analyse the play’s text in light of the 1948 Declaration of Human Rights, using it as a lens that reflects the atrocities practiced against the Aborigines. It highlights how such practices formed an outrageous violation of those natives’ rights as human beings. Harrison’s dramatic technique in conveying the children’s experiences is through a non-linear structure, fluctuating between past and present that are linked together within each of the five characters, reflecting their suffering and pain to create an emotional link between them and the audience. Her dramatic handling of the issue by fusing tragedy with humour as well as symbolism is a successful technique in revealing the traumatic memory of those children and their present life. The play has made a difference in commencing to address the problem of the right of all children to be with their families, which renders the real meaning of having a home and an identity as people.

Keywords: Aboriginal, audience, Australia, children, culture, drama, home, human rights, identity, indigenous, Jane Harrison, memory, scenic effects, setting, stage, stage directions, Stolen, trauma.

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Authors: Ruoya Huang, Ruoxian Huang, Edgar Huang

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Based on a convenience sample of 2,092 participants from across all 50 states of the United States, a survey was conducted to explore Americans’ mask-wearing behaviors during COVID-19 according to their political convictions, religious beliefs, and ethnic cultures from late July to early September, 2020. The purpose of the study is to provide evidential support for government policymaking so as to drive up more effective public policies by taking into consideration the variance in these social factors. It was found that the respondents’ party affiliation or preference, religious belief, and ethnicity, in addition to their health condition, gender, level of concern of contracting COVID-19, all affected their mask-wearing habits both in March, the initial coronavirus outbreak stage, and in August, when mask-wearing had been made mandatory by state governments. The study concludes that pandemic awareness campaigns must be run among all citizens, especially among African Americans, Muslims, and Republicans, who have the lowest rates of wearing masks, in order to protect themselves and others. It is recommended that complementary cognitive bias awareness programs should be implemented in non-Black and non-Muslim communities to eliminate social concerns that deter them from wearing masks.

Keywords: COVID-19 pandemic, ethnicity, mask-wearing, policymaking implications, political affiliations, religious beliefs, United States.

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Authors: Kuntalee Vaitayavanich

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This study aimed to look into roles of culture heroes of monks in Buddhism in Songkhla province during the last 50 years. Qualitative study, in-depth interviews, participatory observation and non-participatory observation were employed for this study.

The results of the study indicated that culture heroes in Songkhla province would act as the followings. 1) For secular matters, monks would do something beneficial to the community. 2) For religious matters, monks would behave to follow Buddhism discipline strictly and unambitiously. At the same time, monks would not neglect to teach Buddhists to give respect to Lord Buddha by doing meditation and praying. However, when some of those culture heroes passed away, villagers in the community would show gratitude and appreciation by arranging a religious death anniversary ceremony, having icon, or having narrative to recognize those, continuously.

Keywords: Narrative of Monks, Culture Heroes, Songkhla Province.

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Authors: Dorota Habrat

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The aim of study was to analyze the functioning the new model of criminal corporate responsibility in Poland. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The study showed that responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. In addition, research in article has resolved the issue how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The whole study was proved that the adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: Criminal corporate responsibility, Polish criminal law.

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Authors: A. V. Shashkova

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The aim of the present article is to analyze the position of the Constitutional Court of the Russian Federation on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The methodological ground of the present Article represents the dialectic scientific method of the socio-political, legal and organizational processes with the principles of development, integrity, and consistency, etc. The consistency analysis method is used while researching the object of the analysis. Some public-private research methods are also used: the formally-logical method or the comparative legal method, are used to compare the understanding of the ‘secrecy’ concept. The aim of the present article is to find the root of the problem and to give recommendations for the solution of the problem. The result of the present research is the author’s conclusion on the necessity of the political will to improve Russian legislation with the aim of compliance with the provisions of the Constitution. It is also necessary to establish a clear balance between the constitutional rights of the individual and the limit of these rights when carrying out various control activities by public authorities. Attempts by the banks to "overdo" an anti-money laundering law under threat of severe sanctions by the regulators actually led to failures in the execution of normal economic activity. Therefore, individuals face huge problems with payments on the basis of clearing, in addition to problems with cash withdrawals. The Bank of Russia sets requirements for banks to execute Federal Law No. 115-FZ too high. It is high place to attract political will here. As well, recent changes in Russian legislation, e.g. allowing banks to refuse opening of accounts unilaterally, simplified banking activities in the country. The article focuses on different theoretical approaches towards the concept of “secrecy”. The author gives an overview of the practices of Spain, Switzerland and the United States of America on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The Constitutional Court of the Russian Federation basing on the Constitution of the Russian Federation has its special understanding of the issue, which should be supported by further legislative development in the Russian Federation.

Keywords: Bank secrecy, banking information, constitutional court, control measures, financial control, money laundering, restriction of constitutional rights.

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Authors: Abdul Ganiy A. S. Oladosu

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The AL-MAJIRI school system is a variant of private Arabic and Islamic schools which cater for the religious and moral development of Muslims. In the past, the system produced clerics, scholars, judges, religious reformers, eminent teachers and great men who are worthy of emulation, particularly in northern Nigeria. Gradually, the system lost its glory but continued to discharge its educational responsibilities to a certain extent. This paper takes a look at the activities of the AL-MAJIRI schools. The introduction provides background information about Nigeria where the schools operate. This is followed by an overview of the Nigerian educational system, the nature and the features of the AL-MAJIRI school system, its weaknesses and the current challenges facing the schools. The paper concludes with emphasis on the urgent need for a comprehensive reform of the curriculum content of the schools. The step by step procedure required for the reform is discussed.

Keywords: AL-MAJIRI, Arabic and Islamic schools, Nigeria.

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Authors: Chowdhury Dilruba Shoma

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Gender is about equal rights that both males and females having access to responsibilities and opportunities in decision making is a fundamental human right. It is also a precondition for, and a mark of, sustainable people-oriented development. In Bangladesh, women have fewer opportunities than men do to access credit from banks and financial institutions. Entrenched patriarchal attitudes, unequal inheritance rights, and male-dominated hierarchies in the financial system, plus high interest rates and a lack of security/collateral, make it harder for women to obtain bank loans. Limited access to institutional credit is a serious restraint on the productivity and income of women entrepreneurs, (and the wider economy). These gender-biased and structural barriers inhibit women’s access to fundamental economic rights. Using a liberal feminist theoretical lens, this study provides some useful insights into the relationship between gender inequality and entrepreneurship, leading to a better understanding of women’s entrepreneurship development in Bangladesh. Recently, the Bangladesh Government, the United Nations Capital Development Fund, and Bangladesh Bank opened up the Women Entrepreneur Support Fund (WESF) ‒ Credit Guarantee Scheme (CGS) pilot project to cover collateral shortfalls for women entrepreneurs in the small and medium enterprise sector. The aim is to improve gender equality and advance women’s rights in relation to receiving credit. This article examines the challenges and prospects of the WESF-CGS, and suggests that implementation of measures in WESF-CGS policymaking, coupled with a combination of legislatory and regulatory reforms that implement the fundamental tenets of liberal feminism, can lead to a comprehensive and effective credit policy to boost women’s agency and economic empowerment. This may ultimately lead to more sustainable development in Bangladesh.

Keywords: Bangladesh, CGS, liberal feminist theory, women entrepreneur support fund.

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Authors: Yerbol B. Kairanov, Arnur Zh. Karymsakov

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Petroglyphs, stone sculptures, burial mounds, and other memorial religious structures are ancient artifacts which find reflection in contemporary world culture, including the culture of Kazakhstan. In this article, the problem of the influence of ancient artifacts on contemporary culture is researched, using as an example Kazakhstan-s sculpture and painting. The practice of creating petroglyphs, stone sculptures, and memorial religious structures was closely connected to all fields of human existence, which fostered the formation of and became an inseparable part of a traditional worldview. The ancient roots of Saka-Sythian and Turkic nomadic culture have been studied, and integrated into the foundations of the contemporary art of Kazakhstan. The study of the ancient cultural heritage of Kazakhstan by contemporary artists, sculptors and architects, as well as the influence of European art and cultures on the art of Kazakhstan are furthering the development of a new national art.

Keywords: ancient artifacts, Golden Man, nomadic culture, sculpture, painting

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Authors: Panagiotis Pentaris

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The issue of social and legal recognition of LGBTQ families is of high importance when exploring the possibility of a family. Of equal importance is the fact that both society and the individual contribute to the overall recognition of LGBTQ families. This paper is a conceptual discussion, by methodology, of both sides; it uses a method of constructive analysis to expound on this issue. This method’s aim is to broaden conceptual theory, and introduce a new relationship between concepts that were previously not associated by evidence. This exploration has found that LGBTQ realities from an international perspective may differ and both legal and social rights are critical toward self-consciousness and the formation of a family. This paper asserts that internalised and historic oppression of LGBTQ individuals, places them, not always and not in all places, in a disadvantageous position as far as engaging with the potential of forming a family goes. The paper concludes that lack of social recognition and internalised oppression are key barriers regarding LGBTQ families.

Keywords: Family, gay, LGBTQ, self-worth, social rights.

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Authors: David M. Lucas, Charles W. Jarrett

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In the culture of Thailand, the Yak serve as a mediated icon representing strength, power, and mystical protection not only for the Buddha, but for population of worshipers. Originating from the forests of China, the Yak continues to stand guard at the gates of Buddhist temples. The Yak represents Thai culture in the hearts of Thai people. This paper presents a qualitative study regarding the curious mix of media, culture, and religion that projects the Yak of Thailand as a larger than life message throughout the political, cultural, and religious spheres. The gate guardians, or gods as they are sometimes called, appear throughout the religious temples of Asian cultures. However, the Asian cultures demonstrate differences in artistic renditions (or presentations) of such sentinels. Thailand gate guards (the Yak) stand in front of many Buddhist temples, and these iconic figures display unique features with varied symbolic significance. The temple (or wat), plays a vital role in every community; and, for many people, Thailand’s temples are the country’s most endearing sights. The authors applied folknography as a methodology to illustrate the importance of the Thai Yak in serving as meaningful icons that transcend not only time, but the culture, religion, and mass media. The Yak represents mythical, religious, artistic, cultural, and militaristic significance for the Thai people. Data collection included interviews, focus groups, and natural observations. This paper summarizes the perceptions of the Thai people concerning their gate sentries and the relationship, communication, connection, and the enduring respect that Thai people hold for their guardians of the gates.

Keywords: Communication, Culture, Folknography, Icon, Image, Media, Protection, Religion, Yak.

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Authors: Laszlo Vari

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In the digital age, the spread of the mobile world and the nature of the cyberspace, offers many new opportunities for the prevalence of the fundamental right to free expression, and therefore, for free speech and freedom of the press; however, these new information communication technologies carry many new challenges. Defamation, censorship, fake news, misleading information, hate speech, breach of copyright etc., are only some of the violations, all of which can be derived from the harmful exercise of freedom of expression, all which become more salient in the internet. Here raises the question: how can we eliminate these problems, and practice our fundamental freedom rightfully? To answer this question, we should understand the elements and the characteristic of the nature of freedom of expression, and the role of the actors whose duties and responsibilities are crucial in the prevalence of this fundamental freedom. To achieve this goal, this paper will explore the European practice to understand instructions found in the case-law of the European Court of Human rights for the rightful exercise of freedom of expression.

Keywords: Collision of rights, European case-law, freedom opinion and expression, media law, freedom of information, online expression

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Authors: Veronika Kántor-Forgách

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To comply with the international human right legislation concerning the freedom of movement, transport systems are required to be made accessible in order that all citizens, regardless of their physical condition, have equal possibilities to use them. In Hungary, apparently there is a considerable default in the improvement of accessible public transport. This study is aiming to overview the current Hungarian situation and to reveal the reasons of the deficiency. The result shows that in spite of the relatively favourable juridical background linked to the accessibility needs and to the rights of persons with disabilities there is a strong delay in putting all in practice in the field of public transport. Its main reason is the lack of financial resource and referring to this the lack of creating mandatory regulations. In addition to this the proprietary rights related to public transport are also variable, which also limits the improvement possibilities. Consequently, first of all an accurate and detailed regulatory procedure is expected to change the present unfavourable situation and to create the conditions of the fast realization, which is already behind time.

Keywords: accessibility, legislation, people with reducedmobility, public transport.

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Authors: Shilpi Tyagi, D. K. Nauriyal

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This study investigates the firm level determinants of profitability of Indian drug and pharmaceutical industry. The study uses inflation adjusted panel data for a period 2000-2013 and applies OLS regression model with Driscoll-Kraay standard errors. It has been found that export intensity, A&M intensity, firm’s market power and stronger patent regime dummy have exercised positive influence on profitability. The negative and statistically significant influence of R&D intensity and raw material import intensity points to the need for firms to adopt suitable investment strategies. The study suggests that firms are required to pay far more attention to optimize their operating expenditures, advertisement and marketing expenditures and improve their export orientation, as part of the long term strategy.

Keywords: Indian drug and pharmaceutical industry, trade related intellectual property rights, research and development, food and drug administration.

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Authors: Ling Zheng, Yaping Wei, Kang Cao, Songpo Shi, Jinxing Wang

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It-s difficult for China-s current land transfer institutions limited to county-wide to solve the contradiction between urban-rural development and construction land shortage. On the basis of analyzing China-s construction land transfer system, and evaluation toward Transfer of development rights (TDR) practices in Anhui and Chongqing, the passage proposes: (1) we should establish a multi-level land indicators trade market under the guidance of regional spatial objectives, and allow land transfer paid across cities and counties within a specific area following the regulation of both government and market; (2) it would be better to combine organically the policy ntentions of land plan, regional plan, urban plan and economic plan, and link them with land indicators transfer to promote a wider range of urban-rural balance and regional coordination.

Keywords: China's land institutions, transfer of development rights, urban-rural balance, regional coordination.

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Authors: Henning Bjornlund, Alec Zuo, Sarah Wheeler, Rob de Loë

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There is currently intensive debate in Alberta, Canada, regarding rural to urban water reallocation. This paper explores the demographic and attitudinal influences that are associated with the acceptance of water reallocation policies and whether such acceptance differs between urban and rural residents. We investigate three policy orientations in regards to water policies: i) government intervention; ii) environmental protection; and iii) protecting irrigators- water rights. We find that urban dwellers are more likely to favour government intervention while rural dwellers are more likely to support policies that aim at protecting irrigators- water rights. While urban dwellers are also more likely to favour environmental protection, the difference is not statistically significant. We also find that other factors have a significant impact on policy choice irrespective of residence such as demographic and socioeconomic factors as well as the values people hold toward water and the environment.

Keywords: Canada, rural, urban, water transfers.

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Authors: Saska Alexandria Hayes

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Multiple Convention Refugees in New Zealand are stuck in a state of immigration limbo due to a lack of defined immigration policies. The Refugee Convention of 1951 does not give the right to be issued a permanent right to live and work in the country of asylum. A gap in New Zealand's immigration law and policy has left Convention Refugees without the right to obtain a resident or temporary entry visa. The significant lack of literature on this topic suggests that the lack of visa options for Convention Refugees in New Zealand is a widely unknown or unacknowledged issue. Refugees in New Zealand enjoy the right of non-refoulement contained in Article 33 of the Refugee Convention 1951, whether lawful or unlawful. However, a number of rights contained in the Refugee Convention 1951, such as the right to gainful employment and social security, are limited to refugees who maintain lawful immigration status. If a Convention Refugee is denied a resident visa, the only temporary entry visa a Convention Refugee can apply for in New Zealand is discretionary. The appeal cases heard at the Immigration Protection Tribunal establish that Immigration New Zealand has declined resident and discretionary temporary entry visa applications by Convention Refugees for failing to meet the health or character immigration instructions. The inability of a Convention Refugee to gain residency in New Zealand creates a dependence on the issue of discretionary temporary entry visas to maintain lawful status. The appeal cases record that this reliance has led to Convention Refugees' lawful immigration status being in question, temporarily depriving them of the rights contained in the Refugee Convention 1951 of lawful refugees. In one case, the process of applying for a discretionary temporary entry visa led to a lawful Convention Refugee being temporarily deprived of the right to social security, breaching Article 24 of the Refugee Convention 1951. The judiciary has stated a constant reliance on the issue of discretionary temporary entry visas for Convention Refugees can lead to a breach of New Zealand's international obligations under Article 7 of the International Covenant on Civil and Political Rights. The appeal cases suggest that, despite successful judicial proceedings, at least three persons have been made to rely on the issue of discretionary temporary entry visas potentially indefinitely. The appeal cases establish that a Convention Refugee can be denied a discretionary temporary entry visa and become unlawful. Unlawful status could ultimately breach New Zealand's obligations under Article 33 of the Refugee Convention 1951 as it would procedurally deny Convention Refugees asylum. It would force them to choose between the right of non-refoulement or leaving New Zealand to seek the ability to access all the human rights contained in the Universal Declaration of Human Rights elsewhere. This paper discusses how the current system has given rise to these breaches and emphasizes a need to create a designated temporary entry visa category for Convention Refugees.

Keywords: Domestic policy, immigration, migration, New Zealand.

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Authors: Wim Dierckxsens, Andrés Piqueras

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Throughout its history, Capital has established a decisive form of discrimination that has effectively strengthened its power against Labor: discrimination between an endogenous labor force (integrated, with certain guarantees and rights in the capitalist nexus) and an exogenous labor force (yet to be incorporated or incorporated as ‘heterochthonous’, without such guarantees and rights). We refer to the historical incorporation of the exogenous population from the non-capitalist to the capitalist nexus (with the consequent replaceability of the endogenous labor force) as absolute mobility.

The more possibilities Capital has of accessing a population in the non-capitalist nexus and of being able to incorporate it through absolute mobility into the capitalist nexus, the greater its unilaterality or class domination. In contrast, when these possibilities run dry, Capital is more inclined towards reformism or negotiation.

However, this absolute mobility has historically been combined with relative mobility of the labor force, which includes various processes of which labor force migration is a fundamental component.

This paper holds that both types of mobility are at the core of class struggles.

Keywords: Absolute mobility, capital-labor antagonism, relative mobility, substitutability.

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Authors: Irfah Najihah Basir Malan, Norhana Salamudin, Noryati Ahmad

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Corporate ownership structure is an important factor influencing firm performance. This study aims to answer the question whether pyramid structure has negative effect on firm value. This study is important because the ownership of public listed companies in Malaysia is highly concentrated. The concentrated ownership such as Malaysia, agency conflict is prevalent between controlling shareholders and minority shareholders. Accordingly, the dominant role of shareholders in firms allows the controlling shareholders (including managers) to expropriate the interest of the minority shareholders for their own private advantage. This research is conducted on pyramidal firms in Malaysia. Applying the Attig Model as the underlying statistical test, it is found that firm value is negatively related to pyramid ownership of Malaysian public listed firms due to the mismatch between cash flow rights and control rights. Future research needs to focus on identifying the heterogeneous factors that improve the generalizability of research.

Keywords: Pyramid structure, Cash flow right, Control right, Firm value, Attig model.

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Authors: Shailendra Kumar Patidar

Abstract:

Eutrophication of surface water is one of the most widespread environmental problems at present. Large number of pilgrims and tourists visit sacred artificial tank known as “Brahma Sarover” located at Kurukshetra, India to take holy dip and perform religious ceremonies. The sources of pollutants include impurities in feed water, mass bathing, religious offerings and windblown particulate matter. Studies so far have focused mainly on assessing water quality for bathing purpose by using physico-chemical and bacteriological parameters. No effort has been made to assess nutrient concentration and trophic status of the tank to take more appropriate measures for improving water quality on long term basis. In the present study, total nitrogen, total phosphorous and chlorophyll a measurements have been done to assess the nutrient level and trophic status of the tank. The results show presence of high concentration of nutrients and Chlorophyll a indicating mesotrophic and eutrophic state of the tank. Phosphorous has been observed as limiting nutrient in the tank water.

Keywords: Brahma Sarover, eutrophication, nutrients, trophic status.

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Authors: Mikako Nishimuko

Abstract:

This paper aims to argue that religion and Faith-based Organizations (FBOs) contribute to building democratic process through the provision of education in Sierra Leone. Sierra Leone experienced a civil war from 1991 to 2002 and about 70 percent of the population lives in poverty. While the government has been in the process of rebuilding the nation, many forms of Civil Society Organizations (CSOs), including FBOs, have played a significant role in promoting social development. Education plays an important role in supporting people-s democratic movements through knowledge acquisition, spiritual enlightenment and empowerment. This paper discusses religious tolerance in Sierra Leone and how FBOs have contributed to the provision of primary education in Sierra Leone. This study is based on the author-s field research, which involved interviews with teachers and development stakeholders, notably government officials, Non-governmental Organizations (NGOs) and FBOs, as well as questionnaires completed by pupils, parents and teachers.

Keywords: Civil society, democracy, faith-based organizations (FBOs), religious tolerance, universal primary education (UPE)

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Authors: Mikako Nishimuko

Abstract:

This paper aims to argue that religion and Faith-based Organizations (FBOs) contribute to building democratic process through the provision of education in Sierra Leone. Sierra Leone experienced a civil war from 1991 to 2002 and about 70 percent of the population lives in poverty. While the government has been in the process of rebuilding the nation, many forms of Civil Society Organizations (CSOs), including FBOs, have played a significant role in promoting social development. Education plays an important role in supporting people-s democratic movements through knowledge acquisition, spiritual enlightenment and empowerment. This paper discusses religious tolerance in Sierra Leone and how FBOs have contributed to the provision of primary education in Sierra Leone. This study is based on the author-s field research, which involved interviews with teachers and development stakeholders, notably government officials, Non-governmental Organizations (NGOs) and FBOs, as well as questionnaires completed by pupils, parents and teachers.

Keywords: Civil society, democracy, faith-based organizations (FBOs), religious tolerance, universal primary education (UPE).

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Authors: Bobbie Green, James A. Nelson

Abstract:

Innovations in technology have created new ethical challenges. Essential use of electronic communication in the workplace has escalated at an astronomical rate over the past decade. As such, legal and ethical dilemmas confronted by both the employer and the employee concerning managerial control and ownership of einformation have increased dramatically in the USA. From the employer-s perspective, ownership and control of all information created for the workplace is an undeniable source of economic advantage and must be monitored zealously. From the perspective of the employee, individual rights, such as privacy, freedom of speech, and freedom from unreasonable search and seizure, continue to be stalwart legal guarantees that employers are not legally or ethically entitled to abridge in the workplace. These issues have been the source of great debate and the catalyst for legal reform. The fine line between ethical and legal has been complicated by emerging technologies. This manuscript will identify and discuss a number of specific legal and ethical issues raised by the dynamic electronic workplace and conclude with suggestions that employers should follow to respect the delicate balance between employees- legal rights to privacy and the employer's right to protect its knowledge systems and infrastructure.

Keywords: Information, ethics, legal, privacy

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Authors: Samsudin A. Rahim, Latiffah Pawanteh, Ali Salman

Abstract:

This paper explores the changing trend in citizenship norms among young citizens from various ethnic groups in Malaysia and the extent to which it influences the participation of young citizens in political and civil issues. Embedded in democratic constitutions are the rights and freedoms that accompany citizenship, and these rights and freedoms include participation. Participation in democracies should go beyond voting; it should include taking part in the governance process. The political process is not at risk even though politics does not work as it did in the past. A national sample of 1697 respondents between the ages of 21 and 40 years were interviewed in January 2011. The findings show that respondents embrace an engaged-citizenship norm more than they do the traditional duty-citizen norm. Among the ethnic groups, the Chinese show lower means in both citizenship norms compared with other ethnic groups, namely, the Malays and the Indians. The duty-citizen norm correlates higher with political participation than with civic participation. On the other hand, the engaged-citizen norm correlates higher with civic participation than with political participation.

Keywords: citizenship norms, political participation, civic participation, youths, globalization

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Authors: Ahmad Javid Habib, Tetsuo Kidokoro

Abstract:

There is an increasing demand for developing urban land to provide better living conditions for all citizens in Afghanistan. Most of the development will involve the acquisition of land. And the current land acquisition method practiced by central government is expropriation, which is a cash-based transaction method that imposes heavy fiscal burden on local municipalities and central government, and it does not protect ownership rights and social equity of landowners besides it relocates the urban poor to remote areas with limited access to jobs and public services. The questionnaire analysis, backed by observations of different case studies in countries where land readjustment is used as a collaborative land development tool indicates that the method plays a key role in valuing landowners’ rights, giving other community members and stakeholders the opportunity to collaboratively implement urban development projects. The practice of the method is reducing the heavy fiscal burden on the local and central governments and is a better option to deal with the current development challenges in Afghanistan.

Keywords: Collaboration, land readjustment, master plan, expropriation.

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