When the personal becomes political: using legal reform to combat violence against women in Ethiopia

This article focuses on Ethiopia's first civil society organisation, the Ethiopian Women Lawyers Association (EWLA), which has been campaigning for legal reform to secure women's rights and address violence against women. Implementing legal changes to benefit women in Ethiopia is impeded by difficulties in using the formal legal system, by poverty and deeply embedded gender inequalities, by plural legal systems, and by entrenched cultural norms. However, the article argues that the most significant challenge is the increasing degree of authoritarianism in Ethiopian state politics, that this is crucial in determining the space for activism, and that this shapes the successful implementation of legal change. The research shows how women's activism around personal rights challenges public/private and personal/political boundaries and can be seen as a political threat by governments in contexts where democracy and rule of the law are not embedded, leading to repression of women's activism and hindering the implementation of measures to protect women's rights when states become more authoritarian. Little is known empirically about the impact of democratisation on the implementation of measures to protect women's rights in Africa. This article shows how the emergence of democracy and legal reform intersects with the emergence of women's rights, especially with respect to gender-based violence. It shows how trying to secure women's personal right to be free from violence through the law is profoundly political and argues that the nature of democratisation really matters in terms of the implementation of measures such as legal changes designed to protect women's rights.     

The benevolent proprietor and the property law: A British‐Indian dilemma

British Indian revenue policy determined British‐Indian property law. ft was essential to establish a class of landed proprietors, entitled by law to collect rents from their tenants, from which in turn government could legally assess its revenue demand. Revenue was principally settled with the zamindars, who had had rights to a share in agricultural produce which carried a duty to meet government's revenue demand recognised by the Mughal government. The zamindars were redefined unequivocally as landlords by the British‐Indian property law. Their estates were assigned on the basis of existing records and were composed for the most part of disparate shares in villages. Such estates were essentially not economically viable; the social and domestic circumstances of the zamindars further compromised the management of their estates. Government intended that the landlords should become progressive farmers, but conditions, as much a product of legal enactment as of economic reality, frustrated that aim. The history of the nineteenth century administration of British India illustrates the dilemma of government, and the conflict between conservatism in the rural sphere and the pursuit of progressive policies. The radical reform of the zamindars’ estates, namely the drastic curtailments which took place under the zamindari abolition statutes under the Congress government's programme for land reform, has paradoxically achieved for independent India that which the government of British India struggled throughout a century and a half to achieve: the creation of the progressive proprietor.     

Human Rights Beyond Humanitarianism: The Radical Challenge to the Right to Asylum in the Mediterranean Zone

This article argues for a new centrality of the right to asylum within the Mediterranean zone and the necessity to defend and implement this right beyond the “humanitarian regime”. The first section describes the ways in which humanitarianism's logic has weakened the right to asylum through the implementation of specific EU migration policies since 2013. The second section focuses on the distinction between such a humanitarian regime and the human rights system, assessing the possibility of and necessity for a renewed defense of human rights, starting with the right to asylum. The third section focuses on the Charter of Lampedusa, a radical, alternative normative instrument developed through a grassroots process which involved activists and migrant rights groups and which represents a concrete illustration of how the horizon of human rights might be redefined.     

Security and democracy: the ASEAN charter and the dilemmas of regionalism in South‐East Asia

In November 2007, the heads of the ten member governments of the Association of South‐East Asian Nations (ASEAN) signed a charter that will, once ratified, give the association a legal personality. The charter, significantly, requires more of its members than a reassertion of the traditional ASEAN norm of non‐interference and the practice of consensus. The charter lists a number of novel goals among the organization's purposes: ‘to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms.’ In view of the wide economic and political disparities between the member states of ASEAN, this article examines whether strengthening democracy would in fact facilitate ASEAN's goal of becoming an integrated political, economic and security community. Rather than enhancing an integrated community, democratization would arguably create a faultline between the more politically mature and economically developed states and a northern tier of less developed, authoritarian single‐party dominant regimes in South‐East Asia. Moreover, given China's emerging political and economic importance to the region, such a strategy would, as if by an invisible hand, draw the more authoritarian ASEAN states into China's less than democratic embrace. This article concludes that rather than strengthening democracy, ASEAN's charter needs urgently to reinforce practices of rule governance and mechanisms of market integration to enhance both ASEAN's economic profile as well as the region's autonomy.     

The emergence of NGOs in China and their transnational linkages: implications for domestic reform

In addressing the question of how China's rapid socioeconomic transformation is changing the nature of its international engagement we need to move beyond a traditional focus on state-centric analysis. Obviously a major stimulus for China's international engagement over the past 25 years of reform and opening has come from non-state economic activity. Growing economic interdependence, accelerated after China's accession into the World Trade Organization, provides the strongest argument in favour of a peaceful rise of China scenario in which both regional and global security are enhanced rather than threatened. Far less attention, however, has been given to the role and influence of Chinese non-governmental organisations (NGOs) and their transnational linkages. I argue in this article that in order to obtain a more comprehensive picture of China's ongoing process of reform and opening to the outside world we need to incorporate a civil society dimension into our analysis. This is of particular relevance to ongoing foreign policy debates over democracy and human rights promotion in China. Indeed, in the absence of a more detailed understanding of current developments taking place at the grassroots, international support for progressive reform runs the risk of undermining positive change from below.     

Entitled to Health? Social Protection in Chile's Plan AUGE

In theory everyone has the right to health. However, in reality many low income households are unable to fully access health services and therefore cannot fully claim their rights. Recently, in an attempt to overcome these limitations, health reforms in Chile under the Plan AUGE have proposed a series of legal entitlements to health care that are available to everyone regardless of income level. While this is an important starting point in ensuring more universal access to health, the process has raised a number of important issues, particularly on how these entitlements have been defined and how far they will be able to transform (gender) inequalities within the health system. Looking at this from a gender perspective enables us to see that despite the shift from a health care system based on redistributive rights towards one based on the right of recognition, certain sectors of the population remain excluded. Decision‐making processes have remained technocratic, and women's groups have been marginalized from the debate around the reform. Moreover, health policy makers continue to ignore the role of the unpaid care economy in health care provision. The current reform has served to reinforce the gender roles around health care.     

Industry policy under the accord: Reform vs traditionalism in economic management

During the emergence and implementation of the ALP‐ACTU Accord, commentators havé paid comparatively little attention to its industry‐policy aspect. But the Accord itself rests on important changes in Australian unionism, its new priority in employment policy and ambition to participate in policymaking in general. These changes have now crystallised in a more penetrating analysis of manufacturing decline and demands for industry‐policy reform within the framework of the Accord. The Hawke government, however, has fallen under the influence of an older, institutionalised tradition of Australian economic management that is frustrating the attempt to use industry policy to return to maintainable full employment and assert the labour movement's social priorities. The present conflict over industry policy thus represents a major threat to the Accord.     

The Politics of Disciplining Water Rights

This article examines how the legal systems of Andean countries have dealt with the region's huge plurality of local water rights, and how official policies to ‘recognize’ local rights and identities harbour increasingly subtle politics of codification, confinement and disciplining. The autonomy and diversity of local water rights are a major hindrance for water companies, elites and formal rule‐enforcers, since State and market institutions require a predictable, uniform playing field. Complex local rights orders are seen as irrational, ill‐defined and disordered. Officialdom cannot simply ignore or oppress the ‘unruliness and disobedience’ of local rights systems: rather it ‘incorporates’ local normative orders that have the capacity to adequately respond to context‐based needs. This article examines a number of evolving, overlapping legal domination strategies, such as the ‘marrying’ of local and official legal systems in ways that do not challenge the legal and power hierarchy; and reviews the ways in which official regulation and legal strategies deny or take into consideration local water rights repertoires, and the politics of recognition that these entail. Post‐colonial recognition policies are not simply responses to demands by subjugated groups for greater autonomy. Rather, they facilitate the water bureaucracy's political control and help neoliberal sectors to incorporate local water users’ rights and organizations into the market system — even though many communities refuse to accept these policies of recognition and politics of containment.     

Contesting Putin's nation‐building: the ‘Muslim other’ and the challenge of the Russian ethno‐cultural alternative

This article explains the crystallisation of a new Russian national discourse, shaped by a challenge posed to Putin's statist non‐ethnic national model by a popularly formed ethno‐cultural alternative, constructed through negation of the ‘Muslim other’. The article describes this new and previously overlooked phenomenon of Russian nationalism and explicates the social mechanism behind its formation. The article concludes that when rampant corruption exists, generating a breakdown of legal order, the ‘other’ is defined through behaviour that deviates from accepted local norms, while the contrasting normative ‘general public’ is defined as ‘Russian’. Such group definitions mean that the current process of Russian grass‐roots exclusive national consolidation is based predominantly on culturally based behavioural codes, rather than on mere ethnic or religious affiliation, as is widely believed. Additionally, a conceptual landmark discourse shift from the question of Russia's mere plausibility as a nation‐state to a focus on its ongoing definition is demonstrated.     

The Right to the City and Critical Reflections on China's Property Rights Activism

Wholesale clearance and eviction that typify China's urban development have often resulted in discontents among urban residents, giving rise to what critics refer to as property rights activism. This paper is an attempt to critically revisit the existing debates on the property rights activism in China. The paper refers to the perspective of the “right to the city” to examine whose rights count in China's urban development contexts and proposes a cross‐class alliance that engages both migrants and local citizens. The alliance itself will have substantial political implications, overcoming the limited level of rights awareness that mainly rests on distributional justice in China. The discussions are supported by an analysis of empirical data from the author's field research in Guangzhou, which examines how local and non‐local (migrant) residents view nail‐households resisting demolition and forced eviction.     

European Union Constructive Engagement with Iran (2000–2004): An Exercise in Conditional Human Rights Diplomacy

In 2002, the European Union (EU) announced that it would enter a Trade and Cooperation Agreement with Iran. The deepening of economic and diplomatic relations between the EU and Iran was, however, linked by the Commission to progress in four areas: human rights, non-proliferation, terrorism and the Middle East Peace Process. This article argues that the current focus on efforts to find a solution to Iran's nuclear ambitions has overshadowed the dynamics of EU human rights diplomacy towards that country. Unlike diplomatic pressure on the non-proliferation issue, the EU-Iran Human Rights Dialogue did not only enjoy great support by politicians and human rights activists, but did indeed result in changes in legislation and policies aimed at the protection of human rights. Europe's multi-track strategy allowed Iranian activists and members of the legal profession to approach the notion of human rights from within the Shi'a notion of justice and rationality and thus managed to assert Islamic roots for human rights and uncovered the very secular realities of human rights violations in the Islamic Republic. The Dialogue was launched at a critical juncture in Iran's reformist movement and helped likeminded politicians, particularly the executive and parliament, to gain momentum domestically and credibility internationally. While efforts at reform were and still are often impeded by the country's competing centers of power, this article argues that efforts to promote and protect human rights in Iran must not be sacrificed for concerns over the nuclear issue.     

EMPLOYERS AND SICKNESS INSURANCE

The Swedish Employers' Confederation (SAF) had already applied in the 1910s a strategy that companies should not compete with social benefits on the labour market. So SAF welcomed the introduction of national sickness insurance in 1955. The system included deductibles, which were seen as necessary in sickness insurance. Before the reform salaried employees had received sick pay from the employer and their compensation was 100%. Their organizations succeeded, in spite of SAF resistance, in getting supplementary contractual sick pay leading to elimination of deductibles. This paved the way for other organizations to negotiate solutions that gave full compensation for loss of earnings while sick. Consequently sickness rates became very high. Up to 1990 SAF was unable to stop the elimination of deductibles. The economic crisis around 1990 made it possible for politicians to introduce deductibles and statutory sick pay. This was in accordance with SAF's views. Increase in long‐term illness from 1997 led to a weakening of SAF's position. According to the unions, long‐term illness was due to bad work environments and measures should be taken to give employers incentives to improve working conditions. Supported by the unions, the social democratic government introduced increased financing responsibility for employers 2005.     

Radicals,Tories or Monomaniacs? The Birmingham Currency Reformers in the House of Commons, 1832–67*

Benjamin Disraeli described Thomas Attwood as a ‘provincial banker labouring under a financial monomania’. The leader of the Birmingham Political Union, Attwood's Warwickshire accent and support for a paper currency were widely derided at Westminster. However, the themes of Attwood's brief parliamentary career were shared by the other men who represented Birmingham in the early‐ and mid‐Victorian period. None of these MPs were good party men, and this article illuminates the nature of party labels in the period. Furthermore, it adds a new dimension to the historical understanding of debates on monetary policy and shows how local political identities and traditions interacted with broader party identities. With the exception of Richard Spooner, who was a strong tory on religious and political matters, the currency men are best described as popular radicals, who consistently championed radical political reform and were among the few parliamentary supporters of the ‘People's Charter’. They opposed the new poor law and endorsed factory regulation, a progressive income tax, and religious liberty. Although hostile to the corn laws they believed that free trade without currency reform would depress prices, wages and employment. George Frederick Muntz's death in 1857 and his replacement by John Bright marked a watershed and the end of the influence of the ‘Birmingham school’. Bright appropriated Birmingham's radical tradition as he used the town as a base for his campaign for parliamentary reform. He emphasized Birmingham's contribution to the passing of the 1832 Reform Act but ignored the currency reformers' views on other matters, which had often been at loggerheads with the ‘Manchester school’ and economic liberalism.     

The End of the Road in Land Reform? Limits to Redistribution in West Bengal

The hypothesis that failures of land reform programmes are due to the political power of dominant classes is problematic where land is scarce, ownership not highly concentrated and politics not especially exclusionary. Since the late 1960s, land reform in West Bengal has been initiated by radical rural political mobilization—with significant participation by the agrarian underclass. The Communist Party of India (Marxist)—the largest radical party in West Bengal-has been unable to extend its redistributive land reform agenda beyond a point because of political difficulties rooted in West Bengal's intense competition for scarce resources. It has modified the land reform agenda to accommodate the competing demands of the poor and the non-poor, and there are signs that land reform is losing saliency in the policy agenda. This paper argues that the weak implementation of land reform in West Bengal is explained not by the power of the dominant classes, but as an adaptation of policy to an environment of resource scarcity and a relatively low level of land concentration.     

‘One man,one vote; one woman,one throat’: Women in New York city politics, 1890–1910

This essay challenges the assumption that women did not go into politics until they had the right to vote. In New York City at least, it was the other way around. Motivated by the municipal reform movement of the 1890s which sought to defeat Democratic Tammany Hall, women steadily took on more responsibility for electing good men to office, through meetings, canvassing and the production of literature. They did so both through their own non‐partisan reform organization and in highly partisan women's Republican Clubs. Proliferating in the 1890s, Republican women's clubs provided a steady stream of workers to elect Republican candidates, even when they opposed reformers. The Democratic Party was slow to organize women, not doing so seriously until after New York women got suffrage in 1917. However, some Democratic women organized their own clubs, which endorsed Tammany Hall candidates but did not work for them intensively.     

The artist’s resale right revisited: a new perspective

This paper revisits the debate concerning the legal provisions of the artist’s resale right with the aim of providing some new perspectives. Using recently released empirical studies, the paper argues that while resale right payments may be concentrated on established artists in value terms, small amounts will be paid to a large number of relatively unknown artists, particularly in the European market where lower value transactions are large in number. By drawing on the non‐economic literature on pricing art in the primary art market, the paper suggests the rationales of the resale right, often seen as invalid in the past, may actually be valid. Art dealers will be faced with complex economic impacts as the resale right is legislated.     

Sex in the City: The Politics of Sexual Liberalism in Los Angeles, 1963–79

In Los Angeles, Hollywood in particular, straight‐themed pornography and gay male nightlife became more visible and, moral reformers believed, of grave public concern between the early 1960s and the early 1970s. As a result, defining the limits of sexual freedom became a problem for urban public officials, who resolved the dilemma by casting heterosexual sex entertainment as disruptive of neighbourhood quality of life, making it a question of property values and crime, and reframing gay nightlife as an issue of privacy and the right of public assembly. The article considers battles over commercial pornography and battles over gay male rights and culture. As the civil rights and black power movements commanded, then lost, the attention of liberals, sexual libertarians and a mobilised gay rights movement forced urban politicians to reconsider the place of sex and sexual identity in public life. A new generation of urban liberals faced a difficult challenge: to respond to their constituents' libertarian views of sex and sexuality while not appearing to endorse civic disorder and economic decline. They had to defend both privacy rights and property rights.     

‘Protection against the Lust of Men’: Progressivism,Prostitution and Rape in the Dominican Republic under US Occupation, 1916–24

This article explains the disparity between the United States (US) military government's efforts to defend and empower local women during the first occupation of the Dominican Republic (1916–24) and its reputation for tolerating sexual assault. It argues that US officials, inspired by a progressive ideology that linked the social, economic and political spheres, set out to reshape Dominican sexual and gender norms as a means to ensure political stability. Yet, these efforts fell victim to both Dominican and US Marines’ conceptions of gender and normative sexuality. Building upon a thriving body of scholarship that addresses the significance of US efforts to redefine Dominican gender norms, this article analyses the military government's policies towards women and provost courts’ responses to sexual assault. It concludes that, combined with an aggressive anti‐prostitution campaign, the military government's reforms succeeded only in creating an atmosphere favourable to crimes against women. Moreover, rape and the way it was prosecuted revitalised the patriarchal norms that US officials had set out to transform, thus setting the stage for the regime of Rafael Leonidas Trujillo, whose thirty‐year dictatorship depended on the conspicuous control of women. Thus, US policies and attitudes not only ensured the failure of progressive reform but also contributed to the ongoing subjugation of the very women the military government had pledged to empower.     

Society and politics in China today

China's social and economic transformations, and their growing global impact, have prompted a plethora of books. This review article examines five recent books in Polity's China today series as a basis for discussion about society and politics in China. The series is structured around applying different themes or concepts to China, and these five look at consumption, social welfare, class, ethnicity, and the nature, role and performance of the Communist Party and state. The books provide well‐researched and balanced accounts of developments in China, especially since the era of ‘reform and opening up’ began in 1978. The article argues that important themes of the books—the growing discourse of consumption, the depoliticization of class as socio‐economic strata, the Party‐state as a pragmatic provider of citizen services, and the role of the private sector in the provision of social welfare—are all features of the current phase of a globalized capitalist modernity, and concludes that while the country wants to be seen as different, the accounts of politics and society in this series suggests that China today offers more of an alternative within that modernity than an alternative to it.     

Social,economic and political dilemmas of reform in Yugoslavia

All of the communist party‐ruled states of Eastern Europe, from the elder brother of the ‘socialist family’, the Soviet Union, to non‐aligned, sui generis Yugoslavia, are in some degree of economic crisis. Gone are the once loudly trumpeted assurances that the socialist ‘economic formation’ by its very nature — its centrally planned and directed economy, its leadership by a communist party armed with the ‘scientific’ social and economic theory of Marxism‐Leninism and its foundation on the principles of proletarian social justice — excluded the possibility of economic ailments such as sluggish growth rates, inflation, social inequality and unemployment. It is now admitted that precisely these problems currently threaten virtually all communist systems. The principal issue for the political elites in these countries (with the perhaps temporary exception of relatively prosperous East Germany and Czechoslovakia and perennially contrary Romania) is not whether radical reform is necessary, but how to implement the requisite economic, social and quasi‐political reforms without undermining the foundations of ‘socialism’ and of the communist party's domination that they identify with it Yugoslavia is a valuable test case of the general project of reform in communist systems, since it consciously undertook to dismantle the of Stalinist system it had been establishing under Soviet tutelage at the end of World War II in response to Stalin's ostracism of Tito in June 1948. From its inception the Yugoslav reform process was informed by a commitment to return to the sources of Marxian social and economic theory in order to build an authentic socialist system untrammeled by the structures and immoral practices of Stalinist ‘etatism’. Worker self‐management, ‘market socialism’, the decentralisation of political and economic decision‐making, periodic rotation in office, and a number of other formally democratic, participatory socio‐political processes, most of which Gorbachev and his supporters have been discussing under the rubric of perestroika, glasnost’ and demokratizatsiia, have all been tried in one form or another in Yugoslavia during the past four decades.