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101. Governing Abuse of Free Speech during Elections in Pakistan

Author:
Aman Ullah Malik
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
Topic:
Human Rights, Elections, Freedom of Expression, Legislation, and Hate Speech
Political Geography:
Pakistan, South Asia, and Punjab

102. Placement of Pakistani Women during Democratic Regimes: 1988-2018

Author:
Shehzadi Zamurrad Awan
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
On women issues, the response of democratically elected governments of Pakistan Peoples Party Parliamentarian (PPPP) and Pakistan Muslim League Nawaz (PML-N), remained vague and noncommittal. Both parties in their manifestos for general elections, vowed to take steps for women socio-economic and political empowerment. However, after assuming power, these parties could not fullfill their promises. They could neither enact appropriate legislation on women issues nor they repealed or amended gender discriminatory Hudood Ordinance of Zia-ul-Haq. More so, these two leading parties failed to restore the expired women quota in National and Provincial Assemblies, resulting in insufficient representation in the legislative bodies. Nevertheless, in comparison with conservative PML (N), the expectations from a liberal Benazir Bhutto to enforce pro-women policies was more promising. Both parties formed coalition governments, thus remained incapacitated to enact women related laws. Furthermore, they were confronted with orthodoxy within and outside the legislative bodies, posing challenges to their political agendas. Nonetheless, the last two tenures of both parties marked a little difference in their approach towards women issues, resulting in some serious legislation, targeting women problems in socio-economic and political domains. It is imperative to say that the effectiveness of these newly in-placed women related laws and policies has yet to bring change in society as their proper implementation and required institutionalization is in its infancy stage.
Topic:
Gender Issues, Governance, Elections, Women, and Legislation
Political Geography:
Pakistan, South Asia, and Punjab

103. On The Spatial and Legal Problems That Will Arise After Zoning Amnesty

Author:
Akif Burak Atlar
Publication Date:
12-2018
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The resurfacing of ‘populist’ legal arrangements such as raises for civil servants and pensioners, minimum wage policies, paid military service and debt restructuring that carry along vote potential are a strange tradition of our country’s politics. Zoning Peace is a legal arrangement that was part of the omnibus bill passed in the run up to the 24 June elections. As the 2018 version of zoning amnesties which have been recurring throughout Turkey’s urban history and creating spatial and legal chaos by redefining zoning rights, it has taken its place in the urban planning dictionary. What will then be the practical outcome of this new edition zoning amnesty?
Topic:
Governance, Legislation, and Urban
Political Geography:
Turkey and Middle East

104. An Assessment of Institutional and Legal Factors in Relation to Failure of Urban Regeneration

Author:
Tuna Kuyucu
Publication Date:
11-2018
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Large scale urban renewal projects, or ‘urban regeneration’ projects as commonly known in Turkey, are one of the most important political tools for the transition of cities from industry into service-heavy economic structures. Since 1970s regeneration projects have triggered substantial changes in urban economic geographies and caused extensive demographic shifts in the idle industrial, coastal and low socioeconomic residential areas of cities in late-capitalist countries. Yet, in Turkey they have started being implemented much later, with the first comprehensive regeneration policy devised in 2005 when the Justice and Development Party (AKP) came to power. Until 2000’s there existed significant financial and legal barriers to urban renewal. Struggling with budget deficits and high interest rates throughout the 90s, the state was not financially capable of urban renewal, which requires significant resources. On the other hand, Turkey’s local governance policies and financing did not allow municipalities to implement such projects by themselves. Finally, private sector actors (real estate investment trusts, major contractors, finance companies) lacked either any interest or the resources for urban renewal projects in the pre-2002 period characterised by high interest rates and inflation. When all these factors combined, despite serious need for regeneration and renewal in Turkey’s cities, unfortunately regeneration projects almost never came to life.
Topic:
History, Governance, Legislation, and Urban
Political Geography:
Turkey and Middle East

105. Comments on the Proposed Amendments to the Electricity Act 2003

Author:
Ashwini K. Swain, Parth Bhatia, and Navroz K. Dubash
Publication Date:
11-2018
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The proposed amendments to the Electricity Act 2003, released on 7th September 2018, are most critical among the set of planned reforms in the power sector. With significant changes, it seeks to provide an enabling framework for transformations in electricity market, pricing reforms, regulatory oversight, quality of supply and energy security. While we appreciate the endeavours and intent, in our comments we focus on some serious concerns the draft raises, vital gaps and issues that need serious consideration. These comments have been drafted based on an internal discussion at the Centre for Policy Research, and should not be considered an institutional position, as CPR does not take institutional positions on issues. Rather, these comments reflect the result of internal deliberations, aimed at understanding and reflecting on the draft amendments, with the aim of constructive feedback to the Ministry of Power.
Topic:
Security, Energy Policy, Government, Social Policy, and Legislation
Political Geography:
South Asia, India, and Asia

106. Officiating Urbanisation: What makes a settlement officially urban in India?

Author:
Bhanu Joshi and Kanhu Charan Pradhan
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Financial incentives including government support grants for infrastructure creation, health and education development in many countries is contingent on where people live. In India, the allocation of critical government subsidies explicitly recognises urban population as a criterion for budgetary allocation. Yet, the fundamental question about what is an urban area and what does it entail to be recognised as an urban settlement in India remains understudied. This paper aims to understand the definitional paradigm of statutory towns in India. We create a novel dataset of all state laws in India on the constitution of urban local governments. We analyse the eligibility criteria that would qualify any area to become urban local bodies under the law in different states and find large variation among states. In our dataset, only fifteen of the twenty-seven states explicitly define and have laws on urban settlements. Within these fifteen states, we find that many small and transitional urban areas violate the eligibility criteria laid down by the state laws constituting them. We further find that states which do not provide statutory laws rely on executive fiat, i.e. it is the prerogative of the state government to declare the creation of a statutory town. What then becomes or “unbecomes” urban in these states is open to dispute. The full extent of this variation and reasons thereof can open up new avenues of scholarship.
Topic:
Government, Infrastructure, Urbanization, Budget, and Legislation
Political Geography:
South Asia, India, and Asia

107. Using Law to Combat Water Pollution

Author:
CPR-Namati Environmental Justice Program
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Contamination of surface water sources due to the discharge of polluting substances has been a long standing problem in most parts of the country. In 1974, a legislation was specifically enacted to regulate and prohibit water pollution. The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution. Aside from the Water Act, there are also other laws which can be used to remediate water pollution. These include, environmental clearance conditions under the Environmental Impact Assessment Notification, 2006, public nuisance in the Indian Penal Code, 1860 and the licensing process under the Factories Act, 1948. Along with these, there are also certain state level legislations such as the Orissa River Pollution Prevention Act, 1953. How these laws can be used to find administrative remedies to combat water pollution has been put together in the form of two Information, Education and Communication materials by the Centre for Policy Research-Namati Environmental Justice Program, with support from the Duleep Mathai Nature Conservation Trust. The materials aim to give the reader an understanding of: The existing legislations; The kind of permissions which are needed; The various institutions which are available; The way in which evidence can be collected; The manner in which complaints can be framed; The various administrative remedies which are available; The materials focus on the states of Gujarat, Karnataka, Odisha and Chhattisgarh. Translations of the material are also available in Hindi, Gujarati, Kannada, and Odiya.
Topic:
Environment, Water, Legislation, and Pollution
Political Geography:
South Asia, India, and Asia

108. The Ballot Initiative Transparency Act: Examining its Impact on Legislative Compromise in California

Author:
Mindy Romero and Jennifer Puza
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
California Journal of Politics and Policy
Institution:
Institute of Governmental Studies, UC Berkeley
Abstract:
In 2014, California passed the Ballot Initiative Transparency Act (SB 1253, or BITA) which provided some of the biggest changes to California’s ballot initiative process in recent decades. BITA went into effect for the first time during the 2016 election cycle and was designed to provide more opportunities for legislative compromise and to allow for more public involvement in the ballot initiative process. Our study examines BITA and its impact on the ballot initiative process. Specifically, we sought to understand the extent of BITA’s impact on influencing the state legislature and the initiative proponents to seek legislative compromise. Furthermore, we examine the implementation of the new mechanisms BITA put in place and offer suggestions for how to potentially improve their effectiveness for future elections.
Topic:
Elections, Democracy, Legislation, and Voting
Political Geography:
United States and California

109. Australia’s Gun Laws Can’t Work in America – For Now

Author:
Philip Alpers
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Thirteen mass shootings in 18 years, 112 victims shot dead. While this may seem to describe contemporary America, it actually describes a late 20th-century period in Australia. The country’s final slaughter occurred in Tasmania in 1996 – the Port Arthur massacre. A lone, “pathetic social misfit” – as described by the judge – killed 35 people. The first 29 bullets from this young man’s AR-15 rifle ended the lives of 20 innocents in just 90 seconds.
Topic:
Government, Weapons, Legislation, Public Health, and Mass Shootings
Political Geography:
Australia, Australia/Pacific, North America, and United States of America

110. Mexico’s Energy Reforms at Risk?

Author:
Isabelle Rousseau
Publication Date:
12-2018
Content Type:
Commentary and Analysis
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Mexico’s Energy Reform (hereafter, the Reform) enacted on December 20th 2013, and the Secondary Laws adopted on August 11th 2014, marked a milestone in the history and the development of the Mexican energy sector. These major changes were unexpected considering that multiple sectorial reforms pursued since the 1990s had systemically failed to address the structural problems which had been mounting over the years.
Topic:
Energy Policy, Governance, Reform, Legislation, and Investment
Political Geography:
Central America and Mexico