Taking Ethno-Cultural Diversity Seriously in Constitutional Design: A Theory of Minority Rights for Addressing Africa's Multi-Ethnic Challenge

A Theory of Minority Rights for Addressing Africa's Multi-ethnic Challenge
Martinus Nijhoff Publishers
  • erschienen am 8. November 2012
  • Buch
  • |
  • Hardcover
  • |
  • 268 Seiten
978-90-04-20535-2 (ISBN)
Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.
  • Englisch
  • Dordrecht
  • |
  • Niederlande
  • Für Beruf und Forschung
  • |
  • This book should be of great interest to all academics, researchers, students, and policy makers interested in the issue of minorities in the post-colonial African state, contemporary minority rights, constitutional design in multi-ethnic societies, and comparative constitutional law.
  • laminiert
  • Höhe: 241 mm
  • |
  • Breite: 160 mm
  • |
  • Dicke: 20 mm
  • 590 gr
978-90-04-20535-2 (9789004205352)
9004205357 (9004205357)
weitere Ausgaben werden ermittelt
Solomon A. Dersso, Ph.D. (2009) in Constitutional and International Human Rights Law, is a senior researcher at the Institute for Security Studies and non-faculty Assistant Professor of Human Rights at the Institute of Human Rights, Addis Ababa University.
Acknowledgement; Chapter I - Introduction 1.1. Background and Objectives of the Study; 1.2. The Concept of Minorities; 1.3. The Framework of Minority Rights Defended in this Study; 1.4. The Implications of a Minority Rights Framework for Democratisation in Africa; 1.5. Methodology of the Study; 1.6. Outline of Chapters; Chapter II - The Issue of Minorities in Africa: Describing its Context and Understanding its Nature 2.1. Introduction; 2.2. The Nature and Genesis of Ethno-Cultural Diversity in Africa; 2.3. Various Categories of Minorities and the Nature of their Claims; 2.4. Conclusion; Chapter III - The Issue of Minorities in the Political and Constitutional Discourse and Practice of Post-colonial Africa 3.1. Introduction; 3.2. The Imperative of Nation-Building; 3.3. The Influence of the Dominant Constitutional Paradigm of the Nation-State; 3.4. The 'Second African Independence' and the Neglect of the Issue of Minorities; 3.5. Conclusion; Chapter IV - The Normative Bases for Constitutional Accommodation of Ethno-Cultural Diversity in Africa: The Three Components of the Minority Rights Framework 4.1. Introduction; 4.2. Cultural Identity; 4.3. Equality; 4.4. Self-Determination; 4.5. Conclusion Chapter V - Towards a Multicultural Constitutional Framework: The Institutional Dimensions of the Minority Rights Framework 5.1. Introduction; 5.2. Self-Government and/or Territorial Autonomy; 5.3. Institutionalising Effective Representation and Participation of Minorities; 5.4. Language and Cultural Policies, and Guarantees for Cultural, Religious and Linguistic Rights; 5.5. Socio-economic Guarantees, Including Positive Measures; 5.6. The Nature and Limits of Minority Rights and the Principles Regulating Them; 5.7. Conclusion Chapter VI - South Africa's Constitutional Design for the Accommodation of Diversity 6.1. Introduction; 6.2. The Context: The Nature of Minority Issues in South Africa; 6.3. Indirect Accommodation in the Political Processes and the Structures of the State; 6.4. Language Policy and the Accommodation of Linguistic Diversity; 6.5. Rights of Religious and Cultural Communities; 6.6. The CRCRLC; 6.7. Equality beyond Recognition of Difference: Socio-Economic Guarantees, including Positive Measures; 6.8. Conclusion Chapter VII - The Case of Ethiopia's Ethnic Federalism; 7.1. Introduction; 7.2. Federalism as the Only Viable Option; 7.3. Representation and Participation; 7.4. Language and Culture; 7.5. Equality Beyond Recognition of Difference: Socio-economic Guarantees, Including Positive Measures; 7.6. Assessment of the Constitutional Design; 7.7. Conclusion; Chapter VIII - Conclusion, Findings and Final Observations 8.1. Introduction; 8.2. The Core Arguments and Findings of the Study; 8.3. Overall Conclusions and Final Observations; Bibliography; Index.
"This work relies on a multitude of sources, both in law and in social sciences, but remains critical in respect of them, contrasting them against each other and developing his own line of argument... It makes a significant contribution in respect of legal analysis of minority rights and minority issues in Africa."
Martin Scheinin, Professor of Public International Law, European University Institute

"The author very competently was able to formulate, discuss, sustain and counter arguments dealing with issues of the marginalized in state formation and political governance. He canvassed the predominant principles of the law of minority rights and was able to critique them relative to his research theme. He demonstrated comprehensive comparative ability in dealing with the various normative arrangements across Africa on minority protection and inclusion in state governance. His case studies of South Africa and Ethiopia, bears this out, as he adequately demonstrated the comparative characteristics of the minority question in each of the states."
Vincent O. Nmehielle, Professor of Law, University of the Witwatersrand

"The issue of the lack of scholarly analysis of problems of nation-building and state formation through the analytical grid of minority rights is an important one bearing implications for peace, security, human rights and constitutional governance... The Ethiopian case study was particularly interesting to read and would be material usefully disseminated to minority and constitutional law scholars in general."
Li-aan Thio, Professor of Law, National University of Singapore

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