11 research outputs found
Reframing Kurtzâs Painting: Colonial Legacies and Minority Rights in Ethnically Divided Societies
Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governmentsâ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages post-independence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government
Militarisation of governance after conflict: beyond the rebel-to-ruler frame â the case of Rwanda
Armed mobilisation and the nexus of territory, identity, and authority: the contested territorial aspirations of the Banyamulenge in eastern DR Congo
The closely intertwined notions of territory, identity, and authority are at the heart of conflict dynamics in the eastern DR Congo. Focusing on the territorial aspirations of the Banyamulenge community in South Kivu, this article looks at the ways in which the nexus of territory, identity, and authority shapes and is shaped by armed mobilisation. Excluded from a customary chiefdom in the colonial era, the Banyamulenge, a community framed as âmigrantsâ, have been striving for a territory of their own for decades. These aspirations have fed into armed activity by both Banyamulenge and Mai-Mai groups linked to opposing communities, providing deeply resonating mobilising narratives that are employed to justify violent action. Yet, as this article demonstrates, the links between armed mobilisation and the nexus of territory, identity, and authority are both contingent and reciprocal, as violent conflict also impacts the meanings and boundaries of identities, authority structures and territory