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Church, State and People in Mozambique : An Historical Study with Special Emphasis on Methodist Developments in the Inhambane RegionHelgesson, Alf January 1994 (has links)
King Ngungunyana was the lord of the mighty Gaza Empire, covering most of the interior Mozambique south of the Zambezi and parts of present Zimbabwe, when the Portuguese in 1885 were requested by the Berlin Congress to accelerate their colonization. The small enclaves around certain port towns were no longer sufficient, in order to claim the territory as one's colony. "Effective occupation" was the new precept, leading very soon to conflict with King Ngungunyana and, in 1895, the defeat of the Gaza Empire. Thus began Portugal's factual colonization of Mozambique. A few years earlier, Protestant missionaries of the American Board of Commissioners for Foreign Mission bad attempted to begin mission work within the Gaza Empire. Although invited by the King, the effort failed and the missionaries settled near the town of Inhambane, within the Portuguese realm. Catholic Missions, which had been successful during the previous centuries, had ceased to function in all Mozambique, as Religious Orders bad been prohibited since 1834. Seemingly, the arrival of Protestants to Inhambane and also to Lourenço Marques, however, stimulated the Catholic Church into action, and around 1890 new Missions were established "to combat the Protestant propaganda". Meanwhile, the American Board missionaries withdrew, and from 1893 we find American Methodists working in their stead. Part Two of the dissertation deals with the time of the Republic in Portugal, from 1910. Strongly anti-clerical, the Republicans enforced the separation of the Church from the State. This led to difficult times for the Catholic Missions in Mozambique, while it facilitated, somewhat, the task of the Protestants. However, the urge to "civilize the natives" gradually made the Republicans accept the Catholic Missions as "civilizing factors". The spirit of this period allowed for the development of the first Independent African Churches in Mozambique, as well as a first African attempt at political independence. Part Three, 1926-1960, pictures the firmer political grip of "0 Estado Novo", under dictator Antonio Salazar. Forced labour and oppression were the lot of the people, and the Portuguese Catholic Church became the "spiritual arm of the State". "Portugalization" was the new formula. This placed all education of the Africans into the bands of the Catholic Missions, simultaneously closing all Protestant village schools. The period is characterized by a "tug-of-war" between Catholics and the Protestants, who survived by experimentation with new methods and, paradoxically, grew in numbers. The final part of this dissertation, 1961-1974, deals with the Liberation Struggle of FRELIMO, and the Portuguese response. The Portuguese Catholic Church was still, unfailingly, supporting the political regime and its war efforts. Gradually, a growing force of opposition within the Church became courageously active. Meanwhile, Protestant Missions prepared for the future by "africanizing" their structures, and some were made to suffer for alleged subversion, before the "Carnation Revolution" in 1974 put a sudden end to war activities. I suggest that several elements within the Church history of Mozambique contributed to the negative attitude towards religion, which was displayed by FRELIMO during the first years of independence.
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Otroctví a jeho novodobé aspekty / Slavery and its modern aspectsKokešová, Lucie January 2016 (has links)
1 Abstract Slavery and its modern aspects This diploma thesis deals with the current and controversial topic. Aim of this thesis is to put attention to the speeches, forms and incredible frequency of modern slavery - phenomenon that would be at first glance wrongly seen as just historical issue. First chapter of the thesis speaks about historical excursion of slavery. Because of the limited scope is history focused on the main areas of ancient Greece and Rome, the area of the American continent with its huge business of African slaves, the period of Second World War and finally on the brief history at Czech territory. After the historical chapter is focus stressed on theoretical presentation of the problem - the nature of this phenomenon. Slavery is especially considered as part of International Guardianship of Human Rights. Theoretical part is followed by examples of most frequent real forms of modern slavery. These forms include sexual slavery and human trafficking, forced labor, forced marriage and child slavery as probably the most serious form of modern slavery. Chapter about international regulation of slavery is divided into few parts. After a brief history of the international perception of the slavery is attention paid to the general international law, then the law concerning the protection of...
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Le droit international antiesclavagiste des "nations civilisées" (1815-1945) / The international anti-slavery law of "civilized nations" (1815-1945)Erpelding, Michel 22 March 2017 (has links)
L'interdiction de l'esclavage constitue une norme fondamentale du droit international contemporain: figurant dans les principaux instruments de protection des droits de l'homme, elle est souvent citée comme l'exemple-type d'une obligation dont le respect intéresse la communauté internationale dans son ensemble et revêt un caractère impératif. La présente étude s'intéresse aux origines de cette interdiction, telle que reflétée par la pratique étatique et discutée par la doctrine, avant l'émergence d'un droit international des droits de l'homme à la suite de la Seconde Guerre mondiale. Elle soutient qu'au XIXe siècle et pendant la première moitié du XXe siècle, l'affirmation d'un droit international antiesclavagiste et la définition du cadre conceptuel dans lequel celui-ci s'effectuait était étroitement dépendante de la capacité des États occidentaux de se définir eux-mêmes, par rapport au reste du monde, comme des« nations civilisées ». Nos recherches démontrent qu'une question récurrente à cette époque fut de savoir si une« nation civilisée» ayant formellement aboli l'institution esclavagiste pouvait être accusée, en tolérant ou en imposant certaines formes de travail forcé non fondées sur la reconnaissance formelle d'un droit de propriété sur des êtres humains, de s'être livrée à des actes illicites au regard du droit international antiesclavagiste. Or ce n'est finalement qu'en 1945, au terme d'une remise en cause sans précédent de la notion même de« civilisation », que les signataires du Statut de Nuremberg adoptèrent le premier instrument conventionnel y apportant une réponse positive. / The prohibition of slavery is a fundamental rule of contemporary international law. It has been incorporated into all major international human rights conventions. The International Court of Justice cited it as an international obligation in whose protection all states have a legal interest. Most international law scholars refer to it as the very example of a peremptory norm. The present study examines the origins of the international prohibition of slavery, as reflected by state practice and scholarly writings. It focuses on the period prior to the emergence of international human rights law in the aftermath of the Second World War. Its main argument is that during the 19th century and the first half of the 20th century, the emergence of international anti-slavery law and the definition of its conceptual framework was closely dependent on the capacity of Western states to define themselves, when compared to the rest of the world, as “civilized nations.” My research shows that a recurring question during that period was whether a “civilized nation” which had formally abolished slavery could still be accused of breaching international anti-slavery law by tolerating or exacting certain forms of forced labour not based on the recognition of property rights over human beings. It is only in 1945, after a period during which the very notion of “civilization” had largely fallen into disrepute, that the signatories of the Nuremberg Charter adopted the first treaty positively recognizing that this could indeed be the case.
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Trafficking in Persons in Canada: Looking for a "Victim"Sikka, Annuradha January 2014 (has links)
This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it.
In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies.
Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit.
On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.
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The lives and afterlives of the Mauthausen subcamp communitiesKropiunigg, Rafael Milan January 2017 (has links)
Concentration camp scholarship has been impacted by an ‘island syndrome’: most research limits itself to one site, focuses either on its life or afterlife, and overlooks interactions among functionaries, inmates, and local people. Central themes connected to the camps thus remain shrouded in popular misconceptions. This study breaks with historiographical orthodoxies and addresses common confusions through a new framework. Drawing on Ebensee and the Loiblpass, two forced labour outposts of the Mauthausen complex, it presents the first integrated account of the divergent factors that shaped the legacies of these sites and the fates of their subjects. A focus on Ebensee shows how gravely the local bureaucracy, relief workers, and US Army impacted on the early postwar lives of former camp inmates. Victim groups were marginalised by local and Allied actors precisely because of a broad awareness and continued survivor presence. The Loiblpass figured less prominently in the postwar lives of its surrounding communities. At the core of postwar views lay pre-1945 experiences. Living in an epicentre of territorial struggles, Loibl Valley inhabitants did not externalise a strong political agenda and instead communicated a binary ‘selective association process’. The memory of the camp prompted a positive association in socioeconomic terms; political allusions provoked a relativizing of brutality and a claim to personal victimhood. The local context and postwar dimension constitute a missing link in our understanding of these sites, their neighbouring communities, and the early postwar period more broadly. While the causal relationship between a social reintegration of Nazis and a re-marginalisation of genuine victims has thus far been viewed chiefly through the lens of federal politics, this development was already long under way—aided by all local actors—when amnesty laws encouraging the rehabilitation of former National Socialists came into effect; national and Allied policy decisions in the wake of the burgeoning Cold War only further catalysed this development from 1947 onwards.
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The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluationKuner, Janosch O. A. January 2010 (has links)
<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The  / proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. <br />
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The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluationKuner, Janosch O. A. January 2010 (has links)
<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The  / proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. <br />
  / </p>
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The war crimes trial against german industrialis riedrich flick et al - a legal analysis and critical evaluationKuner, Janosch O. A. January 2010 (has links)
This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The proceedings and the decision itself are the subject
of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can
be drawn from the Flick case in respect of the substance of present-day international criminal law. / Magister Legum - LLM
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Tábory nucené práce České Budějovice 1948 - 1950 / Forced Labour Camp in České Budějovice from 1948 to 1950MÜLLEROVÁ, Lenka January 2010 (has links)
Presented graduation theses dissertate about forced labour camp in České Budějovice in years 1948 -1950. Women´s camp was established at first, it operated from 15 December 1948 to 15 February 1950. Men´s camp was established on 1 September 1949 and its liquidation took place on 15 February 1950 too. Because the literature directly about this camps do not exist, the author, during her research, results from repository saved in Archive of security elements in Prague and in State district paper office in České Budějovice. On the basis of these resources is written how everyday life of the inmates ran on. Their lives were given by the prearranged rules. The main object of these institution was reeducation of individuals and to lead them to the high assignment. The essay contains concrete information how the edifying activity proceeded in České Budějovice. It deals with the companies that the inmates worked for and it analyses the inmates´ rights and duties during the power cycle. The conclusion is due to the statement of Jaroslav Vojtěch, who slipped through several forced labour camp. His testimony told us to what degree the rules and commands on the paper were put in practice.
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Trafficking in human beings for forced labour in domestic and international law : a comparative legal study of the Kingdom of Saudi Arabia and the United KingdomMirei, Omar January 2016 (has links)
This thesis examines the effect of combating of human trafficking as a crime. Special emphasis has been placed on forced labour and the rights of trafficked victims and their protection. The study explores various legislations undertaken at regional, national and international levels and considers rights of trafficked victims under international human rights and Islamic rights. The aim of the thesis is to provide a critical and comparative analysis of the legal systems of the Kingdom of Saudi Arabia (KSA) and the United Kingdom (UK) in terms of human trafficking. The thesis consists of eight chapter; each covering a different aspect of the study. It begins by providing background information regarding the issue of human trafficking and proceeds to examine developments of legal frameworks across the two jurisdictions to combat this crime and penalize the criminals. It seeks to examine the legal system pertaining to human trafficking for forced labour and analyse the three distinct platforms, that is, prevention, protection, and punishment, by comparing the legal systems of the KSA and the UK. The examination of both countries aims to identify the strength and weaknesses of the KSA system as compared to the UK system. Thus, it concludes that the KSA can improve its ranking from Tier 2 watch list to Tier 1 if reforms are introduced in the legislation and enforcement domains. The study also demonstrates how the UK and the KSA portray ‘human trafficking’ in their regional laws. A problem often faced during the information-gathering and investigation stages is the lack of available evidence against traffickers, a particular issue in the KSA. The thesis concludes that the transnational aspect of this phenomenon makes it necessary to establish a thorough and comprehensive legal framework to cover all matters pertaining to this crime, including the protection of victims and punishment of criminals in the KSA and the UK, including immigration and ‘kafala’ strategies that may be of value in future researches.
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