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781. Caring for the coast- Building regulatory compliance through community action

Author:
CPR-Namati Environmental Justice Program
Publication Date:
04-2018
Content Type:
Case Study
Institution:
Centre for Policy Research, India
Abstract:
Across the globe, the “development experience” of communities varies depending on their socioeconomic and political backgrounds. As a result of advancing developmental projects, a few communities are invariably made to pay a disproportionate share of the environmental costs in the form of exposure to toxic waste, loss of livelihood, and restrictions on mobility or access to common resources. This injustice, more than often not, is an outcome of active noncompliance and violation of environmental regulations by the projects . The Centre for Policy Research–Namati Environmental Justice Program is an effort towards closing this environment regulation enforcement gap. We have created a network of community-based paralegals, called as enviro-legal coordinators (ELCs), who work with affected communities using an evidence-based legal approach. As a part of this approach, the ELCs combine their understanding of the law, negotiation and mediation skills, and understanding of local contexts to assist affected communities in the use of the law to resolve environmental conflicts. They help the communities to understand relevant laws and environmental regulations and support them in engaging with institutions using these laws for better enforcement of regulatory compliance on the ground. This approach also develops a collaborative space for institutions and citizens to craft practical and sustainable remedies for the impacts that communities experience. This publication is a compendium of a few cases undertaken by the CPR–Namati Program’s ELCs working across the coastal belt in Gujarat and North Karnataka. These case stories capture the process of our work and illustrate the systematic, evidence-based legal approach followed by the ELCs along with the affected coastal community members to resolve conflicts arising from noncompliance or improper implementation of environmental regulations. These case stories are divided into three major thematic sections as follows: Section 1: Establishment and Activation of Gujarat’s District-Level Coastal Committees (DLCCs) as per Coastal Regulation Zone (CRZ) Notification, 2011: This section includes case studies from Gujarat, where ELCs worked towards establishing or activating District-Level Coastal Committees, an institution set up for better implementation of CRZ regulations and protection of rights of traditional coastal communities. Section 2: Securing Housing Clearances for Coastal Communities under Coastal Zone Regulation Notification, 2011 in North Karnataka: This section includes case studies from Uttara Kannada, a district in North Karnataka, where ELCs supported members of coastal communities in securing housing clearances under the coastal protection law. Section 3: Legal Empowerment in Practice: Two Case Stories: This section has two case stories from our field sites in Gujarat that illustrate the process and outcomes of legal empowerment though our work with communities.
Topic:
Development, Environment, Natural Resources, Law, Oceans and Seas, and Pollution
Political Geography:
South Asia, India, and Asia

782. Plugging In Energy Demand in Indian Residences

Author:
Radhika Khosla
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
India is poised at the edge of an energy transformation. This shift is shaped in large part by the country’s ongoing economic, social, and technological transitions. Indian cities will host an influx of 200 million more people by 2030. Most of these people will come from a low base of development, and will demand modern fuels, appliances, and vehicles for improved quality of life. Demographically, at least 10 million people are expected to enter the Indian job market annually for the next two decades (India’s Half-A-Billion Jobs Conundrum 2017). In addition, two-thirds of India’s buildings that will exist in 2030 remain to be built (McKinsey Global Institute 2010). Managing these transitions is a significant challenge in itself, further complicated by the need to address their immense energy and climate implications. This policy piece examines an important driver of India’s energy future—electricity demand in households—and argues for why a broader consideration of energy consumption is central to Indian energy and climate debates.
Topic:
Climate Change, Demographics, Development, Energy Policy, Science and Technology, and Electricity
Political Geography:
South Asia, India, and Asia

783. 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

784. The Legal Regime and Political Economy of Land Rights Of Scheduled Tribes in the Scheduled Areas of India

Author:
Namita Wahi and Ankit Bhatia
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Context: India holds the unique distinction of being both the world's largest constitutional democracy and also one of its fastest growing economies. Critical to the process of India's economic development is state acquisition of land for infrastructure and industrial development. Creating a legal framework that ensures equitable and efficient acquisition of land by the state, through processes that are socially inclusive and politically feasible, has proved challenging. While the Indian Constitution guarantees property rights to all, it enshrines special protections for land rights of ‘Scheduled Tribes’, vis-a-vis the state and other communities, in geographically demarcated tribal majority areas known as ‘Scheduled Areas’ under the Fifth and Sixth Schedules of the Constitution. The currently designated Fifth Scheduled areas are in the states of Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan. The currently designated Sixth Schedule areas are in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. The Scheduled Tribes (STs) or adivasis consist of a number of heterogeneous tribal groups that have historically self-identified and been identified by the British colonial and independent Indian states, as lying outside the mainstream of Hindu society, partly because of their ’distinctive culture and way of life as a group’, and partly because of their ‘geographical isolation’. Currently, there are 750 tribes in 26 states and 6 union territories of India. The Constitution guarantees special protections for land rights of Scheduled Tribes in Scheduled areas because land is not only the most important source of tribal livelihoods, but it is also central to their community identity, history and culture. Many non-Scheduled area states have also created legal protections for protecting land rights of tribals. However, CPR Land Rights Initiative research shows that despite these special protections, Scheduled Tribes remain one of the most vulnerable, most impoverished, and most displaced of all groups in India. 47.1% of all STs in rural areas are below the poverty line as compared to 33.8% for the national average, whereas 28.8% of all STs in urban areas are below the poverty line as compared to 20.9% for the national average. Inspite of being the only group with constitutional protections for their land rights, 9.4 % of STs are landless compared to 7.4% for the national average. While STs constitute only 8.6% of the total population, it is estimated that they constitute 40% of all people who have been displaced during the period 1951 to 1990, some more than once, due to the construction of dams, mines, industrial development, and the creation of wildlife parks and sanctuaries. Only 24.7% of ST population that was displaced during this period was rehabilitated. Therefore, it is clear that these groups have disproportionately borne the burden of economic development. Why is this so? The CPR Land Rights Initiative report on ‘The legal and political economy of land rights of Scheduled Tribes in the Scheduled Areas of India’, offers some preliminary answers to these questions. Through a review of constitutional provisions, laws, and policies, governing the rights of Scheduled Tribes and the administration of Scheduled Areas, and the financial and administrative structures that effectuate these protections, the Report delineates a conflicting regime of protective and displacing laws, as well as conflicting policy narratives underlying these laws which facilitate the displacement of Scheduled Tribes and their corresponding landlessness. The Report also contains extensive primary data on the current mapping of Scheduled areas, and the current distribution of dams, forests, and mining activity, in the Scheduled areas. Key findings: Extent of geographical area, and distribution of forests, dams, and mining activity in Scheduled Areas: The Report establishes for the first time that as much as 13% of India’s geographical area is in the Scheduled Areas. Further, the Report finds that both the concentration of forest cover, and the concentration of dams, is significantly higher in Scheduled area districts (a little over two and a half times) as compared to non-Scheduled area districts. Finally, we find that 90% of all mineral wealth generated in India comes from states that have Scheduled Areas. Fragmented constitutional protections for Scheduled Tribes: The Report concludes that despite the centrality of land to the identity, economy, and culture of the Scheduled Tribes, the constitutional protections for Scheduled Tribes and Scheduled Areas are fragmented and contradictory. The creation of these fragmented protections was in turn a product of two factors. First, even at the time of drafting of the Constitution, many tribal communities were no longer located within the geographically isolated scheduled areas, while many non-tribal communities were resident there, some for several generations. The Constitution makers created safeguards both for tribal people resident in Scheduled areas and those that were residing outside Scheduled Areas, but these fragmented protections failed to fully safeguard the rights of STs. Second, they arose from an inherent contradiction in creating geographically protected areas for Scheduled Tribes, while at the same time imposing no restrictions on the movement of tribals outside those areas, or on the movement of non tribals to those areas. This enabled more dominant non-tribal communities to settle in scheduled areas and in practice displace STs. Special constitutional and legal protections for ST land rights negated by contrary laws: The Report concludes that special constitutional and legal protections for land rights of STs have been diluted by a contrary legal framework comprised of forests, mining, and land acquisition laws. While state land alienation prohibition laws prohibit transfer of land from tribals to non tribals, there is no prohibition on the state acquiring land in Scheduled Areas for its own purposes in the exercise of its power of eminent domain or assertion of its rights over forestland. State led lawfully sanctioned development in the form of dams, mines, industrial development, and wildlife parks and sanctuaries, has historically been the biggest displacer of STs. This is corroborated by data on the intensity of dams and mining activity in the Scheduled Areas as outlined in the Report. Fundamental contradictions between ‘identity based isolation’ and ‘development through integration’ policy narratives of the British and Indian states: The Report finds a fundamental contradiction between two narratives that have characterised the policies of the British colonial state and the independent Indian state. The first narrative, that the Report calls the ‘identity based isolation’ narrative, identifies the tribals as a ‘distinctive group outside mainstream Hindu society’ both in terms of their ‘cultural traits’ and ‘geographical isolation’, and argues that they are keen to preserve their distinctiveness and their isolation. The second narrative called the ‘development through integration’ narrative identifies the tribal way of life as backward, compared to mainstream Indian population and seeks to improve their economic and social indicators to ‘integrate’ or ‘assimilate’ them with the mainstream population. The Report concludes that while both the ‘identity based isolation’ and ‘development through integration’ narratives, characterised the drafting of constitutional protections for STs, post-independence policy making was guided primarily by the latter. STs have however, rejected the ‘development through integration’ narrative as paternalistic and patronising, alleging that it fails to capture their aspirations to ‘develop according to their own genius.’ Meagre financial allocations for ST welfare: Translating policy and legal protections into reality needs financial resources. Even though the Constitution envisages a centralised framework for the administration of tribal areas under the aegis of the President and Governors of states, the responsibility of financing the costs of progressive change increasingly vests with the states. The Report computes significant shortfalls in Planning Commission recommended financial allocations made by both central and state governments in Scheduled area states under the tribal sub plan. Misguided expenditure of allocated funds compounds the problem of shortfall of funds for tribal development.
Topic:
Political Economy, Law, Economies, Constitution, Ethnicity, and Land Rights
Political Geography:
South Asia, India, and Asia

785. Lebanese Communities Abroad: Feeding and Fuelling Conflicts

Author:
Tamirace Fakhoury
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Lebanon, a small republic of 6 million inhabitants, is both an ‘emigration prone’ country and a key destination for refugee movements and migrant workers. The presentation will specifically concentrate on Lebanon’s complex relationships with its diaspora communities. After reviewing Lebanon’s history of emigration, it will unpack the Lebanese diaspora’s complex interactions with war and post-war politics. While Lebanese diaspora communities are heavily engaged in their country’s development, economic, community and political activities, the presentation will show that their involvement does not challenge the nature of Lebanon’s sectarian-based model of governance. Rather the political fragmentation of Lebanese abroad replicates and perpetuates modes of sectarian mobilization. Understanding Lebanon’s fragmented “diasporic field” requires accounting for the state’s policy making towards its diaspora communities. The Lebanese state has so far not succeeded in developing an institutionalized policy making apparatus to channel Diasporas’ contributions nor has it extended substantial rights to its diaspora. It remains to be seen whether, and if so how, the recent extension of extraterritorial voting rights would augur a new era of diaspora involvement in Lebanese politics.
Topic:
Development, Diaspora, Immigration, and voting rights
Political Geography:
Africa, Middle East, Asia, Lebanon, and Beirut

786. Armenians Abroad: Between Diaspora and the State

Author:
Antranik Dakessian
Publication Date:
12-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The Armenian diaspora is considered typical in that it has both the characteristics of a classical dispersion and a modern diaspora; however, due to current economic hardships in the Republic of Armenia (RA), it is facing a new set of complications and is reshaping itself into a post-modern plural unit. Using a historical overview, this paper offers an empirical analysis of the diverse Armenian diaspora and investigates its post-genocide transformation. The paper explores the formal and informal institutions in host countries intended to preserve the Armenian identity and the networks used to maintain links with Soviet Armenia. In addition, the paper assesses the shift in the very nature of the diaspora resulting from the post-Soviet independence of Armenia. Focusing on the question of identity and integration, the paper explores various factors, such as language, intermarriage, political participation, the ambivalence between the adopted country and the ancestral fatherland, as well as the conflict between an unattractive weak state and a challenging everyday life. The paper demonstrates how this duality is manifested, and the various responses of Armenians when confronted with civil war in host communities or when the host country is at war with a neighbouring country, looking in particular at the role of elites in both host countries and the homeland. The paper will concentrate on two distinct time periods: the Soviet era (1920 to 199) and globalization era (1991 to 2015).
Topic:
Genocide, Diaspora, Immigration, and Assimilation
Political Geography:
Asia and Armenia

787. R2P and Outcomes of the Human Rights Council’s 39th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2018
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 39th regular session of the Human Rights Council (HRC) was held in Geneva between 10 and 28 September 2018. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 39th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered two statements on behalf of 49 members of the Group of Friends of R2P.
Topic:
International Law, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Africa, Middle East, Asia, South America, United Nations, Central America, and Global Focus

788. THE OUTSTANDING VIEW OF GLOBALIZATION: ROMAN GAME AIR AS CATEGORY OF WORLD MUSIC

Author:
Zeynep Gonca GİRGİN
Publication Date:
02-2018
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
The category of world music is a new genre-title created by that latest embodiment of globalization, the glocal (global-local) market in the music industry. The increase in the power of the world music market in late 1980's and the popularization of the Romani musician as an identity in that regard plays an important role in the popularization of the 9/8 Romani dance tune both in Turkey and in the Balkans sound. The Gypsy-Romani themed films in the last quarter century by Emir Kusturica and Tony Gatlif, the Gypsy-Romani music festivals held in Europe and North America, and the increase in the Romani instrumentalist and performer productions in the Balkans popular music market; also, the rise in the scientific and artistic interest in the academia show the emphasis on both the distinctive and the European identity of the Gypsies, while supporting the new political economic conditions. This article critically reviews the popularization process of Turkish Roma musicians and musics in the world music industry via correlation with Balkan territories.
Topic:
Globalization, Culture, and Music
Political Geography:
Europe, Turkey, Asia, and Balkans

789. ETHICAL COMMITMENTS AND RAISON D’ETAT IN RENTIER STATES: ASYLUM-SEEKER POLICIES IN THE GULF COOPERATION COUNCIL AND CENTRAL ASIAN REPUBLICS DURING THE REFUGEE CRISIS

Author:
Farkhad Alimukhamedov, Laurent A. Lambert, and Hisham Bin Hashim
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
The international migrant crisis made headlines during summer 2015 and challenged the national asylum systems of many countries worldwide. Going beyond academic circles, hot debates on migrants and the role of asylum highlighted the gap and paradoxes that exist between claimed values of solidarity on the one hand, and the restrictive policies and regulations towards asylum seekers on the other hand. This paper documents this tension in oil and gas exporting states, particularly in the Gulf Cooperation Council (GCC) and the Central Asian Republics (CAR). It questions the claimed regional, ethnic and/or religious ties and the borders that have been closed to most asylum seekers from Syria and Afghanistan, who are presently living in poorer (oil and gas deprived) neighboring countries. This paper argues that in a time of low oil revenues and fiscal difficulties, rentier states give priority to the Raison d’Etat over any form of transnational solidarity and commitment to international human rights agreements and charters. New and creative institutional arrangements are needed to deal with the global refugee crisis, as traditional solidarities are, in both regions as well as in other rentier countries, victims of the modernization of politics and its uncaring redefinition of state interest in times of low oil revenues.
Topic:
Migration, Oil, United Nations, Refugees, Gas, and transnationalism
Political Geography:
Afghanistan, Central Asia, Middle East, Asia, and Syria

790. GENDEREDNESS IN ENGOs: A COMPARATIVE INSTITUTIONAL ANALYSIS OF THE UNITED KINGDOM AND TURKEY

Author:
Rakibe Külcür
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
This paper analyses the gendered organisational practices of Environmental Non-Governmental Organisations (ENGOs) in the United Kingdom (UK) and Turkey and the possible outcomes of these practices on gender compositions in senior roles. Since gender is an important element in organisations, it is expected to have implications for policies of ENGOs. The research on which this paper is based was undertaken as part of a Ph.D. which examined the gendered nature of ENGOs in Turkey and the UK. The research revealed how and why ENGOs are gendered especially in positions of power and influence. This is an important question because of pressure groups’ influence on environmental decision-making, and yet it has largely been neglected until now. This research revealed that while the ENGO sector is dominated by young single middle-class female employees, white, middle class men are in charge of the decision-making. It showed that the ENGOs reflect the rest of the society and its dominant patriarchal values. The research concluded that gender-biased working practices such as culture of long working hours, lack of formal recruitment and promotion procedures and short-term contract work relations limit career progression of women. This is due to the gendered roles and the traditional division of work in society (the gender division of labour), where triple workload of women remains invisible as a result of patriarchal and capitalist relations existing in both societies.
Topic:
Environment, Gender Issues, Women, Feminism, and NGOs
Political Geography:
United Kingdom, Europe, Turkey, and Asia