Subject to a new law: historicizing rights and resistance in Maya anti-mining activism

ABSTRACT

Since 2004, the Marlin Mine, located in North-west Guatemala, has produced conflict between Goldcorp, the Guatemalan state and the primarily indigenous Mayan communities affected by the mine. This conflict has generated local anti-mining movements that organized community consultations which, grounded in indigenous rights law and Mayan decision-making practices, allow affected communities to decide whether or not to permit mining in the region. While communities resoundingly rejected open-pit mining, and while this decision received international support, the Marlin Mine continues operations. Drawing on field research and new developments in philosophies of rights, this paper makes two related arguments. First, Mayan anti-mining resistance must be situated within a broader colonial history defined by exploitation and primitive accumulation. Second, Mayan activism challenges current conceptions of the relationship between rights, cultural identity and political agency; most significantly, Mayans do not only claim rights on the basis of identity, they enact and politicize the form in which these rights potentially take place.     

Imag(in)ing Women's Agency

The use of images is central to Amnesty International's 2004 campaign ‘Stop Violence against Women’. Looking at how Amnesty International uses images to show women's agency reveals a conflation of the terms sex and gender. Despite its best efforts, Amnesty International's goal of empowering women ultimately remains out of reach because it fails to read violence against women in a gendered context. Through interviews and analyses of the images, this article claims that Amnesty International's concept of agency is trapped in a heterosexist, masculinist grammar that perpetuates non-agential articulations of women in human rights discourse. This article offers an alternative reading of gender and agency that contextualizes violence, opening up spaces in human rights discourse to begin to look at what causes individuals to resort to violence and at how violence may be perpetrated because of the presence of particular genders.     

From intergovernmental negotiations to (sub)national change

In the last thirty years, a process of global norm creation in the field of gender equality has taken place. The Convention on the Elimination of All Forms of Discrimination Against Women marks a milestone in this process: it emerged as the first legally binding international instrument for the protection of women's rights. The 180 states that have ratified the Convention have interpreted their treaty obligations in diverse ways, ranging from reluctance to active incorporation. Beyond its original mandate, CEDAW has increased attention on gender issues within the UN human rights framework. Further, it has motivated transnational NGO activism that uses the Convention to connect local understandings of women's rights with global standards to influence national policy developments. Taking these global, national and transnational dynamics together, the article argues that CEDAW has been transformed from a ‘classical’ intergovernmental regime to a transnational network enforcing women's rights. Based on these findings, a theoretical view on global norm creation and enforcement is developed that stresses the reciprocal interrelation between global, national and local spheres. Instead of assuming a ‘trickle-down’ dynamic as a consequence of global agreements, it is argued that the legitimacy and authority of global norms depends on their active interpretation and appropriation within national and local contexts all over the world.     

The Benefits of Frame Resonance Disputes for Transnational Movements: The Case of Botswana's Central Kalahari Game Reserve

Internal rifts over framing and tactics often hinder groups from mobilizing the degree of support and resources necessary to achieve their stated goals. As a result of disparities in political culture and ideology, the existence of such rifts may be especially frequent and disabling for forms of transnational collective action. However, using the case of the transnational movement lobbying on behalf of Botswana's minority groups, particularly the indigenous San, this paper argues that frame resonance disputes can sometimes facilitate the achievement of a movement's immediate goals. This is for two main reasons. First, by appealing to different audiences, the movement can gain complementary and reinforcing forms of legitimacy and support. Second, states and their societies may possess different points of vulnerability, which can be more effectively targeted through the simultaneous use of multiple frames. By helping minority groups receive legal entitlement to their ancestral lands and opening a debate about the nature of Botswana's democracy, the transnational movement campaigning for the return of the Central Kalahari Game Reserve underscores the benefits of frame resonance disputes.     

Fostering transnational dialogue: Lessons learned from women peace activists

Abstract

Given the incredible diversity of the anti-globalization movement, developing inclusive and participatory spaces is an enormous challenge. Inequities in power, resources, and experience between Northern and Southern activists are of particular concern to a movement that values democratic participation. Dialogue is seen as a critical new way of addressing conflicts within the movement. For three decades, women's organizations dealt with similar issues at the UN World Conferences on Women. It was not until the 1990s that a global women's movement emerged. This paper, which is based on a qualitative study of women's peace organizations gathered at the Fourth UN World Conference on Women in 1995, addresses the development of positive coalition dynamics. The focus on individual activist stories fills in gaps left by studying organizations as units of analysis or on transnational movements as a whole. My research shows that if transnational activists use constructive approaches, conflict can assist in building coalition dynamics necessary for effective and equitable cooperation. I conclude that a commitment to respond to conflict in a constructive manner is as important for coalition building as formal processes or mechanisms that foster dialogue.     

Antenarrative and Transnational Labour Rights Activism: Making Sense of Complexity and Ambiguity in the Interaction between Global Social Movements and Global Corporations

Abstract

This paper draws on antenarrative research and writing techniques to analyse the long-running transnational campaign seeking to improve respect for human rights in the supply chains of Nike and other major sportswear companies. The antenarrative approach challenges scholars to look beyond pre-existing expectations, both in terms of which actors and processes are likely to be most influential and in terms of what is motivating participation in those processes which are significant. In this paper we construct antenarrative accounts of two aspects of the Nike campaign and counterpoint each of our antenarratives with an established scholarly account based on more traditional narrative approaches. We conclude antenarrative analysis can provide useful insights into interaction between global activist networks and global corporations, particularly by drawing attention to the generative possibilities of the complex combination of ordered and disordered processes which often characterise that interaction.     

Historical Heritage in Contemporary Polish Law Relating to Foreigners

The Polish diaspora living around the world is best described as an inheritance of the turbulent history of Poland. For decades, citizens of Polish origin from various states have been trying to maintain ties with their kin and country. During communist times, citizens of Eastern European countries (including the Soviet republics) could not enjoy free contacts across borders. Poland's accession to the European Union and Schengen area has created new barriers for third country nationals willing to come and stay in Poland. Therefore, any facilitation or exemption from visa requirements is very attractive for them. Legal instruments relating to foreigners which have recently been adopted in Poland affect the situation of Polish minorities and the rights of their members. The author reveals the historical roots of the legal solutions and indicates the specificity of Polish immigration law. First, she considers the historical background of the links between immigration law and minority rights, particularly in the area of economy, culture and education. She comes to the conclusion that well-constructed immigration provisions may be useful in filling gaps in the protection of minorities and that the new ways of acquisition of citizenship may to some extent compensate old harms and injustice.     

论社会性别视阈下的意识形态批判

意识形态批判的任务是同一性思维的解除。意识形态批判与社会性别视阈之间极具内在的关联性。社会性别视阈下的意识形态批判,揭示了社会、经济、政治、文化等方面的性别不公正,揭示了意识形态对人的控制,拓展了意识形态批判领域,创新了意识形态批判主题。在社会性别视阈的＂文化转向＂中,意识形态批判借鉴了多种思想观念、理论成果,使批判得以推进。但要看到的是,与其他意识形态批判一样,性别视阈下的意识形态批判也存在内在悖论或逻辑循环。意识形态批判自身是不能摆脱意识形态的,这应成为社会性别视阈下意识形态批判者的自觉。     

舟山海洋经济示范区建设中职业渔民权益保障研究

海洋综合开发中大批渔业捕捞海域被开发变更,进而导致职业渔民“捕捞用海权”等权益和利益受损。从海洋综合开发过程中给职业渔民权益带来的损害出发,在对现行《渔业法》对渔民捕捞权益规定进行分析的基础上,提出了建立和完善职业渔民权益保障的相关建议,也希望为沿海其它地区海洋综合开发过程中职业渔民权益保障提供借鉴。