User:Aungthiha

--Aungthiha 04:21, 1 December 2005 (UTC)

Multiethnicity, multiculture, and multination
An apparent important precondition for the success of a multiethnic society is the availability of a common language. In addition, an even more important precondition for the functioning of a multiethnic society is an education towards tolerance and understanding. This means not the weak tolerance of those who feel themselves inferior, but the strong tolerance of a self-confident but not proud personality which is able and willing to learn from others without fear of losing its own identity.

Around the world, important government multicultural policies can include: - Dual citizenship (being a citizen of two nations) - Government support for newspapers, television, and radio in minority languages - Support for minority festivals, holidays, and celebrations - Acceptance of traditional and religious dress in schools, the military, and society in general - Support for arts from cultures around the world - Programs to encourage minority representation in politics, education, and the work force In China, the constitution provides that ethnic townships be established so that the minority people can exercise the right to administer the internal affairs of the ethnic group and be masters of their own areas.

Minorities in many parts of the world face serious difficulties not because specific minority rights are not implemented, but because universal human rights are not properly respected and protected in relation to minorities. Effective respect and protection of universal human rights would go a long way in meeting the needs of persons belonging to minorities.

It is important but not enough to recognize in domestic law the rights of persons belonging to minorities. They must also be respected and protected in practice. This requires not only political will, but also capability to protect them adequately. The first requirement to states in regard to minorities is to respect and protect their existence.

The major problem for many minorities around the world is a lack of political will or capability of the state to respect and particularly to protect those rights. When discrimination is rampant or protection of minorities are weak, a natural reaction will be to demand other forms of safeguards – a more effective participation, or outright autonomy.

The right to use their own language in these respects does not depend on any special minority rights; it is part of universal human rights. (Asbjørn Eide P17) The State has a role in ensuring that an educational curriculum reflects the culture of both minorities and majorities. (Asbjørn Eide P21) (For instance, in relation to the Burmese educational curriculum, all schools at different levels in Burma are using old textbooks that were introduced in the 1960s to promote the socialist military ideology. (ABFSU- Burmese student organization) According to 2002 report on education by ABSFU, the state curriculum encourages military might and ethnic prejudice, instead of encouraging students towards a peaceful and multiethnic nation.)

Peaceful resolution of conflicts required an emphasis on at least three levels: Ensuring better the rights of the individual human being, recognizing and protecting the existence and identity of minority groups, but also taking fully into account the concerns for public order in society as a whole. There may be conflicts between these different concerns; the task was and is to seek an appropriate balance between them. (Asbjørn Eide P2)

Two points need to be underlined here: States are at all times obliged to ensure the enjoyment by everyone of their individual human rights; states cannot transfer so much autonomy to minorities that the state is deprived of its authority and capability to ensure human rights within its territory, thus also to those who live inside the autonomous area. The responsibility of the state to ensure to everyone the enjoyment of human rights is a general obligation under international human rights law. (Asbjom Eide P10)

There are many and different reasons why some groups of persons do not have citizenship. They can still be ‘old’ minorities with a justified claim on positive measures, but the lack of citizenship can block them from some minority rights, in particular the right to effective participation in political decision-making in the country concerned.

India’s federal structure would appear to have a greater chance of success in addressing ethnic differences, since central-state relations will not be over-determined by single high-stakes cleavage; a more diffused and multi-pronged dynamic could prevail.

We can identify four approaches to diversity in the Indian constitution: (1) An inclusive and dialogical relation between the minorities and the state, (2) The proactive intervention of the state in overcoming differences and their social and political consequences; affirmative action programs for schedule castes and tribal are illustrative here, (3) Limiting state power and safeguarding a sphere of autonomy so that differences can be protected and enhanced without threat of assimilation and subjugation, (4) Establishing a norm of equality for both individuals and groups, to guide the application of the specific guarantees and protection that run through other pieces of the constitutional framework; here we may cite those provisions entrenching the fundamental rights of all citizens against discrimination. (Yash Ghai, autonomy and ethnicity, P55-56)

Ethnic autonomy: Autonomy for minorities is part of a border package which is elaborated in article 4 of the 1982 constitution: the equality of all nationalities, preferential treatment of minorities to accelerate their economic and cultural development, a minority’s freedom to the use and development of its language and the preservation or reform of its folkways and customs, and regional autonomy where minorities live in concentrated communities. (YG, autonomy and ethnic city, P83)

There are three principle types of autonomous areas, region, preference and country; and where within an autonomous area there is a town with the concentration of another minority; Nationality Township may be designated for its benefit.

The nation building process is impossible to implement in a multi-ethnic, multi-cultural, multi-religious plural society like the Union of Burma. The only way to implement the nation building process in a plural society is to use coercive force for assimilation, but that approach will definitely result in confrontation and conflict, because the very notion of nation building is hostile to multiculturalism and diversity. (Designing federalism in Burma P26)

A more radical solution which, like federalism, elevates the importance of continuing negotiation at the leadership level, is to adopt the system of ‘segmental autonomy, proportionality, quotas and mutual veto’ known as consociationalism. Under this system, rewards (e.g. positions) and resources are distributed among regional or ethnic communities by agreed quotas, usually based on population. (Alan 2003 P8)

General Aung San proposed in his draft of the Union Constitution that those areas where the minority groups are living must be designated as autonomous regions and national areas. He proposed that those minority shall be granted not only the rights to preserve and develop their own culture, religion, language and national identity but also personal autonomy, which would enable them to ensure their rights by acting themselves within the framework of their own constitution. (DFB P42) Constitution can express popular identity and culture. (DFB P56) Federalism helps to solve this problem (real freedom) by giving some self-determination to the minority cultures, with some power that central government cannot invade. (DFB P74)

Electoral-based approach is to make special provision for the representation of ethnic communities in the form of a group representation system or special communal electoral rolls so as to guarantee some designated level of representation for ethnic communities, including the negotiation of ceasefires. (Alan 2003 P8)

In regard to election system, Proportional Representation (PR) system is the best one for countries like Burma in which multi-ethnicity live.) It has several advantages. First, it more accurately represents the will of the people, which makes it more democratic. Second, even small minority may feel that they have some influence in the current system, so they may feel more committed to the process. (DFB P96)

First Past the Post (FPTP) elections are incapable of representing the minority interests. (IDEA, Electoral System Design, P107) (In addition that, it brings about the lack of minority representation in the parliament. For instance, the 1990 election result in Burma had shown the weaknesses of First Past the Post (FPTP) election system, which the National League for Democracy overrepresented in the parliament (People’s Assembly) rather than sharing the extra ones with the rest of minority states in the country.) The choice of electoral system also has an impact upon the composition of parliament along the lines of ethnicity and gender. (IDEA, Electoral System Design, P70)

Indeed 1996’s constitution responses to ethnic claims through a combination of individual rights and indirect political recognition through the function of proportional representation. (YG P118) The obligations to promote, protect, and insure the enjoyment of human rights is primarily a responsibility of states and their governments. The state’s responsibilities include the obligation to take affirmative measures to ensure that human rights are protected, as well as abstaining from interfering with the free exercise of certain rights. State must provide effective domestic remedies for persons who allege that their rights have been violated. (Pamphlet No. 1, MINORITIES, THE UNITED NATIONS AND REGIONAL MECHANISMS, P8)

Multination federalism in the West must surely be judged as a success. These multination federations have not only managed the conflicts arising from their competing national identities in a peaceful and democratic way, but have also secured a high degree of economic prosperity and individual freedom for their citizens. (Models of Multicultural Citizenship P11)

Their views are usually stated in terms of how a federal constitution would have to be formulated to satisfy them. Such a narrowing of options seems unfortunate and the intention here is to try instead to focus on the broadly shared concerns of ethnic communities and ethnic leaders that the federal constitution-drafting process has had to address, but to extend the range of possible solutions. This may be empowering for opposition groups, since it may equip them to respond creatively with regard to the issues that are of concern to them, regardless of what kind of constitutional framework is put up for consideration. (Alan 2003 P2)

Hong Kong has been delegated powers over all areas except for defense and foreign affairs. Even in the case of foreign affairs, there is a considerable delegation so that Hong Kong can maintain its international trading and other economic relations, enabling it, for example, to keep its membership of international and regional economic and financial institutions and to conclude commercial treaties with other states.

The weakness of one country two systems lies in the institutional arrangements. A close analyst makes it abundantly clear that China wanted to retain effective control over Hong Kong affairs, notwithstanding its slogan of Hong Kong people ruling Hong Kong. (YG P93)

The real purpose of “octs” is not to confer autonomy on the people of Hong Kong, but to devise a framework for managing an alternative type of economy- the market economy- (YG P94)

Dalai Lama urged the adoption of one country two systems for Tibet. He suggested that foreign affairs and defense should be handled by China, then the rest of the business as such education, economy and preservation of spirituality or cultural heritage, these Tibetans should handle fully. (YG P92)

Besides the emphasis on the need for federalism or ‘genuine’ federalism, three main themes usually emerge: (a) ethnic states occupy an inferior position in the union; (b) ethnic leaders are not represented in national (government) leadership; and (c) ethnic rights are not respected by the government and the military. (Struggle for democracy / ethnic rights P20)

Any long-term of the resolution of the ethnic conflicts in Myanmar will require not simply creation of the meaningful territorial autonomies but also reforming the disdainful way the state treats its minority citizens on a range of issues, from resource development to power-sharing at the center to respect for human rights. This in turn will require overcoming a long history of denigration, distrust, and repression and the emergence of real processes of dialogue. (Struggle for democracy / ethnic rights P23) It is also necessary to outline the way in which ethnic demands have been recognized in the constitution and the alternative constitutional mechanisms which have been established to address these issues. (Yash Ghai P99)

By the beginning of the democratic transition in 1990, apartheid policy and practice had defined and created six governing-territories and four independent states within the internationally recognized boundaries of South Africa. (YG P100) Through the forty years of apartheid, at least, South Africa ethnic diversity was reinforced and recreated through the government sponsorship of separate ethnic administrations, and separate language radio and television stations. (YG P102)

For the ANC, a future South Africa would have to be based on a common citizenship and identity which could be only be achieved through a collective effort to overcome apartheid’s legacy. The National Party, on the other hand, conceived of a future in which local communities would be able to voluntarily choose to pursue their own living arrangements without interference from the state. (YG P104)

South Africa’s 1996 final constitution represents an increasingly common means of constitutionalizing the relationship between different spatial jurisdictions within the nation-state. Unlike its German, Indian and Canadian forebears, South Africa’s constitution places less emphasis on geographic autonomy and more on the integration of geographic jurisdictions into separate functionally determined role in the continuum of governance over specifically defined issues. (Yash Ghai P113-4)

The state recognizes the rights of communities over the following: 1.	their biological resources; 2.	the right to collectively benefit from the use of their biological resources; 3.	their innovations, practices, knowledge and technologies acquired through generation; 4.	the right to collectively benefit from the utilization of their innovation, practices, knowledge and technologies; 5.	their right to use their innovation, practices, knowledge and technologies in the conservation and sustainable use of biological diversity; 6.	the exercise of collective rights as legitimate custodians and users of their biological resources; (The African Model Law, J.A Ekpere, P45)

Yugoslavia did not collapse because it was a multi-ethnic society of mutually antagonistic groups or because it was organized in federal way, but because it was not a genuinely democratic federal state. The power elite of socialist Yugoslavia used decentralization as a means of avoiding democratization and liberalization (or used as an ad hoc mechanism for decreasing the pressure from “below”). In this way, the federal party gradually devolved power to the party leadership of the individual republics instead of devolving it to its citizens. (YG P149/167)

An inflexible politics of centralization, the lack of democratic solutions in the accommodation of ethnicity and ad hoc responses to demands made by its ethnic minorities and regions have led both Croatia and Macedonia to a situation of The change of political system alone did not solve the ethnic problem, and the similarities between the present-day government and those of communist Yugoslavia in their approach to ethnic communities are clearly evident. (YG P167)

The central question is not whether federalism is good or bad for multi-cultural society, but whether the arrangements between the federal units are negotiated in a democratic and voluntary way. In a truly democratic society, collective demands for cultural and ethnic recognition have to be recognized and accommodated. (YG P168)

Sri Lanka’s failure to lay down constitutional foundation of a multi-ethnic society based on equality, ethnic pluralism and the sharing of power has generated ethnic fratricide and political violence. (YG P197) Symbolic recognition of the distinct identity of ethnic groups may be more important than the specifics of power sharing for an enduring resolution of the conflict. (YG P198)

In Sri Lanka) the subjects and functions devolved on the provincial councils are listed in the 9th schedule to the constitution. They include police and public order, provincial planning, local government, provincial housing and construction, agriculture and agrarian services, rural development, health, indigenous medicine, cooperative, and irrigation. (YG P201)

Some analysts have argued that there are three forms of federalism: territorial federalism, consociationalism, also referred to as sociological federalism, and personal federalism. The distinction between the latter two forms hinges on the following: “Personal federalism is a solution to the problem of coexistence between different peoples, whereas consociational democracy is the problem of coexistence inside one single people between different tendencies (religious, social, etc.)” (YG P224)

Please see:

China Constituiton

Afghanistan Constitution

Croatia Constitution

Hong Kong Constitution

Iraq Interim Constitution

Nepal Constitution

Remark

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