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Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population. The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions. Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period. Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.

The debate stirred by the recent appointment of a chief justice and deputy chief justice under the judicial reform process envisaged in Kenya‟s new Constitution has, once again, brought to the fore the attitude surrounding sexual minorities. A section of religious organisations and citizens rejected the nominees because they perceived the duo to either belong to or to support sexual minority groups. The hostility and antipathy directed at the two is not new. In recent times, the clergy and state officials have been quoted calling for the arrest of gays. It is common for perceived homosexuals and lesbians to be harassed because of their sexual orientation. Support for the rights and welfare of this group draws quick condemnation. In October 2010, a minister who stated that there should be HIV/AIDS mitigation programmes for lesbians and gays was sharply criticised by religious leaders who termed her remarks „satanic‟ and „contrary to African culture‟, and called for her dismissal. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

<p>The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.</p>

<p>The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.</p>

Modern parliaments are mostly compared to the top echelon of the society.The unfairness of the representation still holds true even where free, fair and periodic democratic elections are held. PWDs constitue the largest minority group accounting for 15.6% of the world's population. In Ethiopia approximately the same percentage of the population is disabled though nor fairly represented in the political system. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.

This study examines the historical and contemporary sociolinguistic status of three minority languages, namely Shangani, Kalanga and Tonga in Chiredzi, Plumtree and Binga respectively within the civil courts of Zimbabwe. This research problematizes the issue of language choice and usage in civil courtroom discourse by native speakers of the languages under study. The background to this research endeavor is the historical dominance of English, Shona and Ndebele in public institutions as media of communication even in areas where minority languages are dominant, a situation that has resulted in minority languages having a restricted functional space in public life. Respondents in this research included native speakers of the languages under study who have attended civil courtroom sessions either as accused persons or complainants, members of rural communities including community leaders, court interpreters stationed at Binga, Chiredzi and Plumtree magistrates‟ courts and members of the Judicial Services Commission (JSC). Data was also collected from minority language advocacy groups including Tonga Language and Cultural Committee (TOLACCO), Shangani Promotion Trust (SPAT) and Kalanga Language and Culture Development (KLCDA) using semi-structured interviews. In addition, participant observation of civil courtroom proceedings involving native speakers of Kalanga, Tonga and Shangani was done. Documentary analysis of colonial and postcolonial language policies in Zimbabwe was also done. Data was analyzed using Critical Discourse Analysis (CDA) and Ecology of Language theories. The findings for this research revealed that historically, language policy making in Zimbabwe has impacted negatively on the functional roles of Shangani, Tonga and Kalanga in civil courtroom communication because of the lack of implementation clauses in national constitutions. Furthermore, language attitudes that were analyzed in conjunction with a number of factors including age, demographics, naming of provinces, awareness of constitutional provisions on language and language-in-education policies were found to be key determinant factors influencing the sociolinguistic status of Kalanga, Tonga and Shangani in civil courtroom discourse. Court interpreting and initiatives by language advocacy groups also impacted on the sociolinguistic status of the languages under study in civil courtroom interaction. / Linguistics and Modern Languages / D. Phil. (Language, Linguistics and Literature)

In the interplay between protection of rights and majoritarianism, the court is the arena. This research focuses on the conflicting role of the court within a constitutional democracy and a contestation of the counter-majoritarian dilemma that emerges from such a role. The counter-majoritarian dilemma centres on the idea that judges overturning decisions of the legislature through judicial review undermines democracy by thwarting the will of the majority through a subjective reading of abstract constitutional principles. As a point of departure, the counter-majoritarian dilemma is contested by revealing that the court can be seen as a democratically consistent institution if democracy can be reconceptualised. The examination of the South African jurisprudential climate and the adjudicative guidelines followed by the court suggests a rejection of such anti-democratic contention. The court upholds the commitments consented to at the time of the Constitution’s adoption and adjudication is reflective of the values undertaken by the country in reaction to its past. Within these values, minority rights can find a lifeline. Thus minority rights can exist through the implications of majoritarian consent. This research further identifies, in response to the counter-majoritarian dilemma, a constraining self-consciousness on the part of the court and an acute awareness of the court’s precarious role within a democratic infancy. The core of the counter-majoritarian dilemma is the view that interpretative indeterminacy of the Constitution means that the will of the people could be substituted for judicial preference. Through the examination of the court’s interpretative strategies and judicial subjectivity, this research suggests that within judicial subjectivity, adjudication continues to be reflective of the will of the people. Far from a constraining and mechanistic interpretation to avoid judicial subjectivity, the research reveals that open and non-formalist interpretative strategies are necessary to effectuate democratic conciliation within the judicial mandate. The results of this research suggest that, far from being a democratically deviant institution, the court in the current South African jurisprudential context, is the most suited to uphold the concept of democracy. / Jurisprudence / LL. M.