Diplomacy in South Asia: a four-step grand plan for Kashmir

ABSTRACT

In this Commentary, I propose a bold, four-step plan which would address the question of self-determination for Kashmiris and hopefully resolve permanently the 70-year-old Kashmir issue which has poisoned Indo-Pakistan relations since Partition. Two important elements of this plan would be: first, the involvement of the Commonwealth Eminent Persons Group to assist Kashmiris, Pakistan and India in the mediation of the plan; and, second, the holding of four UN-supervised referenda which would be held simultaneously but counted separately: Gilgit-Baltistan and Azad Kashmir; Kashmir valley; Jammu; and Ladakh. All Kashmiris would have three options: Join Pakistan, Join India or independence. As an incentive to India and Pakistan, the international community would deliver substantial economic assistance for the development of all parts of Kashmir. But as a quid pro quo for the economic aid package, there would have to be guaranteed free movement of people, capital and goods between all parts of Kashmir after the referenda, regardless as to which option had been chosen by the Kashmiris.     

On the frontlines of the law: Legal advocacy and political protest by lawyers in contested Kashmir (Respond to this article at http://www.therai.org.uk/at/debate)

This article analyzes the role of Kashmiri lawyers working in a context of conflict, militarization and political resistance in Kashmir Valley, India. It finds that the Kashmir Bar Association, operating under conditions of state control that are maintained and legitimized through the law, constitutes an authoritative normative community and powerful institutional actor, working within the parameters of the Indian legal system while simultaneously supporting and maintaining solidarity with the movement for self‐determination, and contesting the legitimacy of Indian state rule. The association's decidedly moral vision of the law offers an alternative form of legal imagination that draws on transnational normative frameworks and practices to challenge the legal provisions and legal failures that function to legitimize human‐rights violations taking place under conditions of militarization. As we show in this article, the recent crisis period in Kashmir has posed challenges to KBA lawyers, as they negotiate and assess their relationship to the state, their place in the struggle for self‐determination, and the promise and potency of law as a strategy for social change.     

Pain,Personhood and the Collective: Dalit Life Narratives

Dalit life narratives have gained prominence in the last two decades in line with the increasing visibility of Dalits in the Indian public sphere and their vociferous demands for a more just political and social order. This can be productively situated not just in the contemporary global context of the proliferation of narratives and testimonios of human rights violations in other parts of the world, but also in the context of an emerging conversation on the nature of “Dalit personhood” in the Indian public sphere, a category infinitely more complex than legal subjectivity and abstract citizenship. The Dalit narratives analysed here are rich illustrations of this double movement: they witness on behalf of a suffering community and keep alive the singular, non-universal nature of Dalit pain through an aesthetic that is not wholly translatable into the lexicon of rights and justice. By invoking the historical and rhetorical force of two prose fictional genres, the Bildungsroman and the picaresque, the analysis has sought to recast the testimonio less as a proxy for the legal witnessing and amelioration of Dalit pain than as a rich and expressive medium of Dalit personhood. This way of reading Dalit lives accords India's ex-untouchables a stature beyond that of victims at the mercy of the capricious sentimentality of upper-caste solidarity.     

Champions of the Movement or Fair‐weather Heroes? Individualization and the (A)politics of Local Food

We ask to what degree consumers who act out movement practices (eg local food consumption) may do so without regard for larger environmental and social justice implications, and how focus on individual concerns reflects the partial (but increasing) neoliberalization and depoliticization of the alternative food movement. Coupling narratives from five citizen‐consumers with analysis of organizational discourse from a major food movement organization in Massachusetts’ Pioneer Valley, we examine the interplay of individual and collective identity to point to places where modified discourse and movement tactics may produce more fruitful outcomes (eg greater community food security). Ultimately, we argue that individualistic interpretations of alternative food are reinforced by organizational campaigns that shape collective identity, casting “buying local” as a heroic act, thereby re‐casting others as anti‐heroes. Counteracting individualization with a new politics of possibility should be prioritized, as citizen‐consumers will inevitably determine future landscapes of food, environmental sustainability and social justice.     

The Political Art of Patience: Adivasi Resistance in India

Abstract: This article documents the emergence of the Denotified Rights Action Group (DNG‐RAG), a national social movement orchestrated to assert the citizenship rights of adivasi (indigenous) populations in India. It assesses the movement's efforts to engage the central Indian government in meaningful dialogue to accommodate the inclusion of marginalized adivasis in the democratic politics of the nation. In doing so, the DNT‐RAG reasserts the primacy of the Indian state as the principal engine driving the project of nation building, and as such, the site that activists target to further an agenda of equitable development and democratic rights for those known as India's Denotified Tribes.     

美国社会组织与联合国人权规范的起源

二战爆发后,美国社会组织在对战争与和平问题的研究中提出依靠国际组织保障人权的规范构想。美国政府则并未重视人权议题,人权在敦巴顿橡树园会议上只处于边缘地位。社会组织在此后掀起大规模的游说活动,要求提高人权议题的地位,这使得美国政府考虑融合社会组织的人权规范构想与主权规范原则。旧金山会议上,美国说服其他大国接受其人权立场,极力否决拉美国家的人权提案,体现出美国借人权话语行使霸权的实质意图。最终出台的《联合国宪章》多处涉及人权,奠定了此后联合国人权规范的基础。但是,社会组织与美国政府围绕人权的争论凸显了宪章人权条款的复杂特征,这使得美国在此后联合国人权规范的发展中面临更多的挑战。     

(En)Gendering the Maoist Insurgency in India: Between Rhetoric and Reality

ABSTRACT

This paper attempts a gendered analysis of the ongoing Maoist insurgency in India, particularly focused on women’s position within the movement, the continuum of gender based violence that they experience and the potential for transformative politics. The contemporary Maoist movement in India has been informed by a stated commitment to ‘progressive’ gender politics and social transformations; in that it marks a departure from the Naxalite movement of the 60s and 70s. Yet women remain concentrated in the group’s lower ranks and are absent from leadership positions. In addition, sexual and gender based violence and discrimination within the movement further undermine the commitment of the revolution to create opportunities for transformative politics including gender justice and equality. We consider it important that women’s lived experiences of the conflict - as combatants, supporters as well as civilians affected by it - are brought to the foreground. Drawing from postcolonial feminist approaches, we reflect on the challenges and possibilities for feminist politics and ethics within the Indian Maoist movement. We conclude that the rhetoric and reality of gender equality within the Maoist movement provides a unique opportunity to further investigate and analyze the ways in which feminist activism and the women’s movement in India have alienated the concerns of marginalized women from dalit and adivasi communities.     

Immigration and social justice: towards a progressive European immigration policy?

"Stepping back from current debates over immigration in the new 'Fortress Europe', this paper examines moral and philosophical arguments for an alternative and more 'progressive' immigration policy. Despite recent interest within geography in principles of social justice, the extent to which such principles reach beyond particular societies or nations has rarely been considered explicitly. The notion of social justice may be extended to the question of immigration, without taking the position that migration should itself be seen as a 'human right'. Even within relatively conservative contractarian and communitarian conceptions of social justice, a number of suggestions can be made for 'progressive' policy options, in particular by focusing on the communal rights and duties of societies rather than the human rights of individual migrants."     

Spatial imaginaries and collective identity in women’s human rights struggles in Honduras

In recent years, geographic analysis on social movements has emphasised the influence of actors’ concepts, lived experiences and perceptions of space on the emergence of collective action. Cultural approaches to social movements in Latin America as well as feminist scholarship have revealed that women’s collective action is shaped by their perceptions of institutional and societal challenges, which are rooted in authoritarian and patriarchal culture prevalent in their society. This article combines geographic and cultural approaches to social movements as well as transnational feminist theories to explore women’s human rights mobilisation in Honduras after the coup d’état in 2009. It investigates how a group of urban and rural activists that included feminists, rural women, students and community leaders, adopted human rights discourses and practices to respond to the coup. The article draws on interviews and focus group discussions to suggest firstly, that protests in response to the coup shaped the interviewees’ spatial imaginaries and particularly considers how urban feminists’ spatial imaginaries were merged with those of rural women under the collective framework of human rights. Secondly, the study demonstrates that a collective identity as women human rights defenders was crucial for the emergence of collective action and also prompted the establishment of a national network. This case study contributes to research on women’s collective action to negotiate women’s rights, human rights and social justice in changing political processes.     

Impediments to a human rights-based approach to heritage conservation: the case of Bagan,Myanmar

The recognition of human rights at stake in and around World Heritage sites has led to an increased interest in the adoption of a human rights-based approach to heritage conservation. This approach is understood to address issues of social justice and enable a more sustainable form of heritage conservation. However, research at the historic and religious site Bagan in Myanmar shows various conceptual, practical and political hurdles that need to be addressed before this approach can effectively be adopted. Challenges can be found on local, national and regional scales and include the interpretation of cultural rights and conflicting rights, the contentiousness of human rights language and the lack of capacity to hold violators accountable. These impediments are relevant beyond Myanmar and demonstrate that the effectiveness of a human rights-based approach to heritage conservation is highly context-dependent.     

Human rights and the development of a twenty-first century peace architecture: unintended consequences?

The ‘long peace’ of the last twenty-five years has linked various forms of intervention—from development to peacebuilding and humanitarian intervention—with human rights. This ‘interventionary system/order’ model has premised its legitimate authority on expanded versions of human rights, connected to liberal frameworks of democracy, rule of law, and capitalism in order to connect peace more closely with justice. Human rights offer a tactical way forward for those interested in conflict resolution, but this has led to unintended consequences. Unless conceptions of rights are continually expanded as new power structures and inequalities are uncovered and challenged, philosophical and material matters of distributive and historical justice will remain.     

印度农民政治文化变迁和现代民族运动的兴起

印度社会精英对英国统治态度的改变是20世纪上半期印度群众性民族运动兴起的一个关键性政治变量。但是,在印度这样的农民社会里,农民(包括农村手工业者)一直是主导的社会群体,他们的政治态度不能不影响整个印度政治社会的发展。传统上的印度农民是政治冷漠主义者,他们对村社之外的全国性政治过程并不关心,但是在英国的统治下,一系列的经济、社会和政治变迁却使印度农民和全国性政治过程有了密切的利害关系,他们和印度的社会政治精英在反对英国统治方面具有了共同利益。这正是使得他们积极响应以甘地为首的印度政治精英的号召,参加印度现代民族运动,为印度民族独立和解放做出巨大历史贡献的根本原因。     

Paradoxes,Protests and the Mujeres de Negro of Northern Mexico

On November 25, 2002, thousands of people marched through the streets of Mexico City and demanded, in the name of social justice, an end to the violence against women in northern Mexico. ‘Ni Una Más’ (not one more) was their chant and is also the name of their social justice campaign. Their words referred to the hundreds of women and girls who have died violent and brutal deaths in northern Mexico and to the several hundred more who have disappeared over the last ten years. These Ni Una Más marchers, many working with human rights and feminist organizations in Mexico, are protesting against the political disregard and lack of accountability, at all levels of government, in relation to this surging violence against women. And the symbolic leaders of their movement are the Mujeres de Negro (women wearing black), who are based in Chihuahua City. In this article, I examine how the Mujeres de Negro demonstrate how feminist politics so often plays upon the negotiation of spatial paradoxes in order to open new arenas for women's political agency. For while the Mujeres de Negro of northern Mexico are galvanizing an international human rights movement that is challenging political elites, they are also reinforcing many of the traditional prohibitions against women's access to politics and the public sphere. And I explore how the Mujeres de Negro devise a spatial strategy for navigating this paradox in an increasingly dangerous political environment.     

社会参与：学术生命之源——浅谈王灵智教授

作为"社会活动家型"的学者,王灵智教授不仅是研究华人问题的著名学者,在维护美国华人权益活动上也成绩斐然.他几乎参与了过去三十多年来每一种维护美国华人权益的运动.他把自己定位为一名"社会参与型"的研究者,以自己的实际行动表明,学者作为社会中的一员,使命应该是通过自己的努力,揭示社会问题,启发人们思考,提高人们的认识,进而促进社会的发展.     

Oliver O'Donovan's Critique of Autonomy

Abstract

More than any other contemporary theologian, Oliver O'Donovan has revived political theology as a field of enquiry. Yet O'Donovan has been consistent in his critique of the modern idea of autonomy, judging it to be at odds with the more communitarian idea of covenanted community found in the Hebrew Bible/Old Testament. He contrasts this modern idea, and its political implications, with the older biblical idea, also adding some basic points from Aristotle's idea of the polis. But unlike many contemporary communitarians, O'Donovan is also able to incorporate the idea of human rights into his political theology. He sees this supposedly modern idea having fuller precedence in the biblical idea of mishpat ("justice"), which he takes to be God's primordial claim on His covenanted community, a claim that sufficiently grounds both individual rights and communal rights and which enables them to function together. However, O'Donovan draws the line when it comes to the modern social contract theory, arguing that it is at odds with biblical teaching that the primary responsibility of rulers is to divine law. While agreeing with O'Donovan's rejection of autonomy and his acceptance of human rights, this paper argues against O'Donovan's theological rejection of social contract theory. Instead, it argues that a social contract is consistent with the doctrine of the covenant; indeed that the very possibility of the social contract is best explained by the doctrine of the covenant, and that this acceptance of the social contract serves the best political interests of covenanted communities (like the Jewish People and the Christian Church) in an otherwise secular world.     

Environmental Justice and American Indian Tribal Sovereignty: Case Study of a Land–Use Conflict in Skull Valley, Utah

This paper examines environmental justice in the context of questions of American–Indian tribal sovereignty through an analysis of a land–use dispute over the Skull Valley Band of Goshute Indians' decision to host a high–level radioactive waste facility on their reservation in Tooele County, Utah. The case study entails a far more intricate story than that presented in the majority of existing literature, which is dominated by analytical frameworks of environmental racism and distributive environmental justice. By elucidating the historical geography of Skull Valley and politics of tribal sovereignty, I argue that a prolonged process of historical colonialism has produced a landscape of injustice in which the tribe's choices have been structurally limited. The historical colonialism, intertwining with the capitalist political economy, has geopolitically isolated the tribe to suffer procedural environmental injustice. At the same time, the tribe has struggled to pursue self–determination through the retention of sovereignty and Goshute identity in the arenas of tribal environmental management and the environmental–justice movement. Conflict over the definition and practice of tribal sovereignty at different geographical scales reveals the social, historical, and political–economic complexity of environmental justice.     

Street naming and the politics of belonging: spatial injustices in the toponymic commemoration of Martin Luther King Jr

Although the critical turn in place name study recognizes the central and contested place that toponyms hold in people's lives and identity struggles, little work has explicitly analyzed place naming rights in terms of social justice, citizenship, and belonging. We introduce readers to the naming of streets for slain civil rights leader Martin Luther King Jr and use two brief case studies from the southeastern USA (Statesboro, Georgia and Greenville, North Carolina) to discuss the barriers that hinder the creation of a landscape that truly reflects the teachings of King. Naming opponents, sometimes with the (un)witting cooperation of black activists, impose spatial, scalar limits on the rights of African Americans to participate in the street naming process and to appropriate the identity of streets outside of their neighborhoods, even though challenging historically entrenched patterns of racial segregation and marginalization is exactly the purpose of many street naming campaigns. The case of King streets prompts us to think about place naming as a mechanism of spatial (in)justice, demonstrating the fundamental role that geography plays in constituting and structuring the processes of discrimination or equality.     

抗战胜利前后中间党派对民主的诠释：以经济民主为中心

加世纪40年代,中间党派及自由知识分子为反对国民党垄断国家资源的一党专政体制,提出了融政治民主、经济民主、教育民主、国际民主于一炉的社会民主主义理论。这种民主观试图扩大民主的范围,其目标是社会方方面面皆民主化,以保障人权和实现社会正义,体现了超时代的理想主义色彩。中间党派对社会民主主义的颂扬,具有反抗国民党专制统治的进步意义,是近代中国民主宪政运动史留给后人的一笔精神财富。     

"The Civil Rights Movement of the 1990s?": The anti-abortion movement and the struggle for racial justice

In 1964, Claude and Jeanne Nolen, who were white, joined an interracial NAACP team intent on desegregating local restaurants in Austin, Texas as a test of the recently passed Civil Rights ACt. Twenty-five years later, the Nolens pleaded "no contest" in a courtroom for their continued social activism. This time the issue was not racial segregation, but rather criminal trespassing for blockading abortion clinics with Operation Rescue. The Nolens served prison sentences for direct action protests that they believe stemmed from the same commitment to Christianity and social justice as the civil rights movements.Despite its relationship to political and cultural conservatism, the anti-abortion movement since Roe v. Wade (1973) was also a product of the progressive social movements of the turbulent sixties. Utilizing oral history interviews and organizational literature, the article explores the historical context of the anti-abortion movement, specifically how the lengthy struggle for racial justice shaped the rhetoric, tactics, and ideology of the anti-abortion activists. Even after political conservatives dominated the movement in the 1980s, the successes and failures of the sixties provided a cultural lens through which grassroots anti-abortion activists forged what was arguably the largest movement of civil disobedience in American history.     

Rethinking Justice: Struggles For Environmental Commons and the Notion of Socio‐Ecological Justice

This article introduces a notion of socio‐ecological justice based on theoretically informed empirical research on community struggles against run‐of‐river hydropower plants in Turkey. Framing this particular case as representative of a broader movement for environmental commons, and adopting an action‐theoretical perspective, it translates the emergent justice claims produced by grassroots environmental movements to the conceptual vocabulary of the theory of justice. Using Fraser's tripartite model as a starting point, it explores possibilities of expanding the borders of justice as a concept. Maintaining the intrinsic relationship between social and ecological phenomena, it calls for rethinking “sociality” and “social justice” in the light of a relational ontology of human and non‐human worlds. The notion of socio‐ecological justice, thus, extends the community of justice, framing the relational existence of human and non‐human ecologies as a matter of justice.