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KuziCharamba and Sao-Mai Nguyen
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1. Definingnationalism
andethnicity asdiscourses
2. Effects of these
discourses
3. The effectof the
discourses onHR
4.The role of thediscourses in policy-
making and
implementation of the rule of law
??
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Key words from CalhounDiscourse imagined communitiesSense of identity categorical identities
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Modern discourse, tightly related to State-building
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Dong XiwenThe Founding of the Nation195 3. Oil painting . 230 x 405
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Rhetoric of belonging to a large scalecollectivity, which replaces traditional sources
of identity
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Dan LianxiaoTo be a person you must be thiskind of person.1975. Poster
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A nonymousO h, Chairman Mao! The world's proletarian has limitlesslove for you1969
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Ethnie = ensemble d individus que rapprochentun certain nombre de caractres de civilisation,notamment la communaut de langue et deculture(Le Petit Robert)
A cross-section of national identity: a
population subgroup (within a larger dominantnational or cultural group) with a commonnational or cultural tradition(Oxford)
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Rhetoric of liberating rationality (Calhoun):ethnic groups are subordinate to the
nationalist superstructureVSRhetoric of nationalizing primordiality(Calhoun): true/pure ethnicity is the
foundation and justification for nationhoodNazi GermanyA nti and post-colonial nationalismsSouth Sudanese Referendum
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Rhetoric of liberatingrationality:national and ethnic identityare unrelated
Rhetoric of naturalizingprimordiality:
national identity reliesentirely on ethnic identity
o are these relationships bet eennational and ethnic identities problematic
and here should the middle ground lie?
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Rhetoric of liberating rationality Rhetoric of naturalizing primordiality
The desire to subordinate ethnic identityto national identity can have violentconsequences
Essentializes ethnicity and culture into aonce-upon-a-time identity that remainsstatic
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Common element between the 2 nationalistdiscourses: the creation of a difference
between us and themPros and cons of nationalism should thus beevaluated wrt us and them
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Nationalism creates wealth, fights corruptionand lowers crime (de la Casas)
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Rejection of the OtherA ssimilation of the Other
Defining the OtherSpringwood s I m Indian Too!
This is where human rights come into play!
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Predominance => suppression &subordination
Qn of Power: stronger/more predominantethnicity as representative of the prevailingnationalist movementConsequences for Human Rights
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I. Individual
II. Collective
III. Nation-State
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F ocus on impact to individual thrucompeting ethnicities
Labour DiscriminationA rt 2 ICCPR
Prohibition against discriminationPositive obligation
EU Employment Directive 2000/ 78/ECF rench Muslim job discrimination
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A rt 2 ICCPR1. Each State Party to the present Covenant undertakes to respect and toensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, w ithout distinction of any kind ,such as race, colour, sex, language, religion, political or other opinion,national or social origin, property, birth or other status .
A rt 1 EU DirectiveThe purpose of this Directive is to lay down a general framework forcombating discrimination on the grounds of religion or belief, disability,age or sexual orientation as regards employment and occupation, with aview to putting into effect in the Member States the principle of equaltreatment .
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Domination of one ethnic grouprepresenting the nationalist movement
over the otherF ocus on right to self-determination
A rt 1 ICESCREconomic, social and cultural right preservationRight to means of subsistence
B otswana s San bushmen
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1. A ll peoples have the right of self-determination . B yvirtue of that right they freely determine their politicalstatus and freely pursue their economic, social and
cultural development .2. A ll peoples may, for their own ends, freely disposeof their natural wealth and resources withoutprejudice to any obligations arising out of
international economic co-operation, based upon theprinciple of mutual benefit, and international law . Inno case may a people be deprived of its o w n meansof subsistence .
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Right to existence vs competing ethnicityand nationalism
Israel Palestine ConflictA mongst PIL infringements, focus on HR law
A rt 1(1) ICCPR political self-determinationA
rt 2(1) ICCPR non-discriminationA rt 12(1) ICCPR free-movement
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A rt 1(1) ICCPRA ll peoples have the right of self-determination . B y virtue of that right theyfreely determine their political status and freely pursue their economic,social and cultural development .
A rt 2(1) ICCPREach State Party to the present Covenant undertakes to respect and toensure to all individuals within its territory and subject to its jurisdiction therights recognized in the present Covenant, w ithout distinction of any kind ,such as race, colour, sex, language, religion, political or other opinion,national or social origin, property, birth or other status .
A rt 12(1) ICCPREveryone lawfully within the territory of a State shall, within that territory,have the right to liberty of movement and freedom to choose hisresidence .
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L iberal lacitThis brand of liberal theory would encourage students to draw on the Islamic ideas
and norm learned outside of school in their efforts to critically reflect on what they
are taught in the classroom and to develop ideas of their own, as long as theyrespected the rules of open and deliberative discussion .
Public lacitdirects citizens to leave behind their ethnic and religious identities and all
visible emblems of those identities and to assume the shared identity and valuesassociated with the Republic whenever they inhabit public space . Scholars andofficials justify this by arguing that to proclaim publicly and loudly one s privateidentities is to generate division and conflict in a society .
Uniculturalism e.g. russiafication
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Consider:Conflict between ethnicities
The image of nationalismW hat policy should be adopted in publicspaces for the integration of multiple
ethnicities?H ow should that policy be implemented?
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F actors to consider:State agents or everyone?
Definition of public spaceA nything else?