No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

Sama Dilaut are a marginalized, ethnic group in Malaysia and are known as seafaring nomads. The group is found in the whole Coral Triangle. Many groups around the world who share a history of nomadic origin, also face marginalization by society. One cannot help but wonder why these different groups face similar repercussions.   In Malaysia, the Sama Dilaut are stateless and considered to be in the country illegally, despite the fact that the group has been documented to live in the area as far back as the 16th Century. The future prospects for the stateless children in the country due Malaysia’s statement to ratify UN Convention for the Rights of Children but not UN Convention for Stateless People. The NGO, PKPMM, Sabah provides formal schooling for marginalized children in the state of Sabah. It thus seems paradoxical that the state aims to provide educational opportunities, while at the same time attempting to arrest and deport members of the Sama Dilaut.     This study is conducted as a deductive qualitative field study based on semi-structured interviews to collect empirical data. I traveled to Sabah, on Eastern Borneo in Malaysia, to visit PKPKM Sabah. The qualitative tradition of ethnomethodology provided my approach. Furthermore, the analysis is a thematic text analysis which is primary based on the explanations by Monica Dalen in the book Interview as Method (2011).   The theory the Established and the Outsiders, and the Durable Inequality theory provided the base for this research. These two theories have been used as theoretical framework and analytical assistance. With the awareness that the perspective of western sociology could become indistinct to apply globally. Yet, these two theories are most suitable.   The inequality between, the two categories, Sama Dilaut and the majority society is a natural routine and is manifested in most social contacts them between. This also consolidates and legitimizes the situation and the various positions, the members from each category, are in. Furthermore, it is presented how this takes place over generations; individuals are replaced within the categories, but the categorical behavior consistent. The group of Sama Dilaut does not only deviates from the majority society but also lacks a strong cohesion within their own ethnic group (Elias & Scotson 1999:50-51), which can be applied to other marginalized groups who share a similar history of nomadic traditions.   The organization, PKPKM Sabah, which has been working to legalize their operations, can now provide formal education for the underprivileged children of Sama Dilaut. At the same time, the policy pursued by the government towards illegal immigrants, deprives them of their educational rights, which are granted to them by Education for All. Despite the presence of the PKPKM schools and education centers, the children of Sama Dilaut have very little educational opportunities.

Cette étude vise à déterminer et à analyser le statut de l’apatride tel que conçu et élaboré par le droit international, le droit européen et les droits nationaux. Elle précise la notion d’apatride et éclaire les mécanismes de protection existants.La Première Partie est consacrée aux définitions de l’apatride et aborde le statut juridique de l’apatride sous l’angle du droit international. Afin de saisir la complexité et l’ampleur du phénomène de l’apatridie, l’analyse prend en considération l’apatridie de jure et l’apatridie de facto et étudie les causes de leur survenance.La définition de l’apatride de jure figurant dans la Convention des Nations Unies de 1954 relative au statut des apatrides a influencé l’ensemble des définitions utilisées en droit international, en droit de l’Union européenne (UE) et dans la législation de certains États membres de l’UE. La notion d’apatride de facto, quant à elle, figure dans plusieurs textes internationaux. Elle n’est toutefois pas toujours explicitement désignée comme telle et une définition univoque demeure difficile à établir. Un travail de clarification, à travers les concepts de protection e de non effectivité de la nationalité, est donc nécessaire.Le statut juridique de l’apatride en droit international, intimement lié aux droits que la Convention de 1954 garantit aux personnes apatrides, constitue le fondement du système de leur protection. Cette Convention s’applique aux apatrides de jure, mais les États sont invités à accorder aux apatrides de facto le même traitement. Certaines dispositions confèrent à ces derniers un statut spécifique ; d’autres établissent le traitement devant être garanti à l’apatride sur la base de celui que chaque État prévoit pour les étrangers ou pour ses ressortissants. Ces dispositions sont examinées à la lumière des textes internationaux et européens des droits de l’homme.La Deuxième Partie de l’étude est consacrée à la protection dont bénéficient les apatrides en droit de l’Union européenne et dans le droit des plusieurs États membres. Le choix a été dicté essentiellement par le fait que ces États sont les seuls à prévoir des procédures spécifiques et autonomes de reconnaissance du statut d’apatride (France, Italie, Espagne, Lettonie, Hongrie, Royaume-Uni et Luxembourg).Bien qu’en droit de l’Union il n’existe pas de statut propre à l’apatride, l’Union traite des apatrides dans le cadre de ses compétences en matière d’asile et de politique commune de l’immigration. Dépourvu de citoyenneté de l’Union, l’apatride qui se trouve sur son territoire peut être considéré comme un ressortissant de pays tiers ou comme une personne résidant sur le territoire d’un de ses États membres. Il est alors susceptible de bénéficier de certaines dispositions du droit de l’Union.L’analyse du statut juridique que les États membres accordent aux apatrides permet d’apprécier la mise en œuvre et le respect des dispositions de la Convention de 1954 dans les systèmes juridiques nationaux. La protection de l’apatride peut se réaliser par la reconnaissance de droits, mais également par le biais de textes législatifs permettant de prévenir la survenance de nouveaux cas d’apatridie et d’attribuer la nationalité aux apatrides. La pertinence et l’efficacité de ces textes, ainsi que leur conformité à la Convention de Nations Unies de 1961 sur la réduction des cas d’apatridie et à la Convention européenne sur la nationalité de 1997 sont également abordées.Afin de bénéficier de la protection mise en place par les États au niveau national, la personne dépourvue de nationalité doit être reconnue apatride de manière formelle. Ainsi, les procédures de reconnaissance de la qualité d’apatride revêtent une importance certaine. Les procédures des États membres sont analysées de manière approfondie, leurs points communs et leurs différences étant mis en évidence. / This study aims to identify and analyse the status of stateless persons as conceived and elaborated by International Law, European Law and national Laws. It clarifies the concept of stateless person and the existing protection mechanisms.The First Part of this study deals with definitions of stateless persons and with the legal status of stateless person in the light of International Law. In order to understand the complexity and the scale of the phenomenon of statelessness, this analysis takes into consideration the de jure statelessness and the de facto statelessness and identifies their causes.The definition of de jure stateless persons is included in the United Nations Convention relating to the Status of Stateless Persons (1954). This definition has influenced the definitions used in International Law, European Union (EU) Law and in the law of some EU Member States. The concept of de facto stateless person, for its part, appears in several international documents. Nevertheless, it is not always explicitly mentioned as such and an unambiguous definition is difficult to establish. This study tries to clarify this complexity through the concepts of protection and effective nationality.The legal status of stateless persons in International Law is closely related to the rights guaranteed by the 1954 Convention. This status constitutes the basis of the protection of stateless persons. The 1954 Convention applies to de jure stateless persons; however, States are encouraged to grant the same treatment to de facto stateless persons. Some provisions provide for a specific status; other provisions set out the minimum standard of treatment depending on the treatment enjoyed by nationals or by aliens. These provisions are analysed in the light of International Human Rights instruments.The Second Part of this study deals with the protection of stateless persons in European Union Law and in some Member States law. This choice was based on the fact that these Member States are the only ones who have established specific statelessness determination procedures (France, Italy, Spain, Latvia, Hungary, United Kingdom and Luxembourg).Stateless persons do not have a specific status in EU Law. Nevertheless, the EU deals with stateless persons within the framework of its powers on asylum matters and common immigration policy. Stateless persons in EU territory can be regarded as third-country nationals or as persons residing in the territory of a Member State. Thus, they may benefit of certain provisions of EU Law.This study examines the legal status granted by EU Member States to stateless persons. This analysis makes it possible to assess the implementation of the provisions of the 1954 Convention in national legal systems. The protection of stateless persons may be achieved by recognising rights to stateless persons but also by preventing new cases of statelessness and by granting nationality to stateless persons. This study examines national legislation in these fields and its compliance with the United Nations Convention on the Reduction of Statelessness (1961) and the European Convention on Nationality (1997).Statelessness determination procedures are fundamental in order to allow stateless persons to benefit from the State’s protection. Therefore, the procedures of EU Member States are thoroughly examined: their similarity and their differences are highlighted.

The first wave of stateless nationalist mobilisation triggered decentralisation processes in several Western European states. Political autonomy provided European stateless nations with sub-state institutions with significant competences to manage their own affairs. Multinational federalism scholars have long debated whether political decentralisation to accommodate stateless nations appeases demands for secession or rather exacerbates them. Autonomous institutions created a new sub-state political system which political entrepreneurs, most significantly Stateless Nationalist and Regionalist Parties, are able to exploit to put forward demands for further empowerment of sub-state institutions. In the last decade territorial demands have been progressively raised by political parties in some Western European stateless nations, thus casting doubt on the effectiveness of political decentralisation as a valid mechanism to prevent secession. Scotland voted on independence on September 2014 whereas Catalan nationalist parties have been attempting to hold their own referendum since 2013. By looking specifically at the effects of political party competition at the sub-state level, this research aims at providing an explanation for the dynamics of territorial demands that have led to a high saliency of the territorial question in many Western European multinational states. An in-depth qualitative analysis of party competition in Catalonia aims to provide a successful explanation for the escalation of territorial demands in that country, also taking into account the role played by central institutions and the increasing support that secession shown amongst the population. The Catalan case is compared to Flanders and Scotland to test whether the dynamics of party competition can tell us a bit more about the ongoing territorial demands put forward by political parties in these three countries. The territorial accommodation of multinational states have tended to be analysed from an institutionalist perspective whereas multi-level party competition has kept a blind eye on constitutional change. This research aims at contributing to the growing literature of sub-state party politics and its capacities to explain constitutional change processes.

No description available.

The evolution of African stateless societies and the diverse impact of their cultures, on political thought previous to and post-modernity, are not well understood. Scholars acknowledge the varied influence of precolonial African culture on the artistic, spiritual, and linguistic expressions of African-descended populations. However, observations regarding the impact of such acephalous societies on the political thought of the African Diaspora remain obscure. The organizational techniques of such societies are best described as a form of kinship-based anarchism. This study seeks to examine the persistence of such organizational techniques among African-descended populations in the United States. The political life and background of Ella Baker will be used as a historical case study to illustrate the possible strands of continuity that may exist between the organizational habitude of African acephalous societies, and modern African-American grassroots political structures.

As it is widely accepted, human rights are inalienable and equal rights that we have simply because we are human. They are guaranteed to all people regardless of their nationality, race, sex, ethnicity, etc. Moreover, they are rights that their holder cannot lose them temporarily or permanently. Yet, today many millions people around the world are denied to exercise their most basic human rights because they are not citizen of any country. They are stateless people. Although there have been many international human rights mechanisms to protect rights of stateless people, in real life almost all stateless people are still subject to torture, discrimination, xenophobia, racism, difficulty enjoying their social, economic and cultural rights, and arbitrary and indefinite detention. Considering this contradiction, this thesis aims to question the meaning of the existence of stateless people for human rights theory. This issue was firstly studied by Hannah Arendt. Then, her analysis has been developed by many authors in different manners. Two important figures among them are Giorgio Agamben and Jascque Ranci&egrave / re. Thus, this thesis attempts to evaluate the human rights of stateless people in the light of approaches of three authors: Arendt, Agamben, and Ranci&egrave / re. Considering critical power of both of three approaches to human rights in contrast to mainstream theories of human rights, this thesis regards Jascque Ranci&egrave / re&rsquo / s approach as an explanatory approach for human rights of stateless people since it focuses on political power of human rights for even stateless people.

Transmission Control Protocol (TCP) has been recognized as the most important transport-layer protocol for the Internet. It is distinguished by its reliable transmission, flow control, and congestion control. However, the issue of fair bandwidth-sharing among competing flows was not properly addressed in TCP. As web-based applications and interactive applications grow more popular, the number of short-lived flows conveyed on the Internet continues to rise. With conventional TCP, short-lived flows will be unable to obtain a fair share of available bandwidth. As a result, short-lived flows will suffer from longer delays and a lower service rate. It is essential for the Internet to come up with an effective solution to this problem in order to accommodate the new traffic patterns. With a more equitable sharing of bottleneck bandwidth as its goal, two cross-layer stateless queue management schemes featuring Drop Maximum (DM) and Early Drop Maximum (EDM) are developed and presented in this dissertation. The fundamental idea is to drop packets from those flows having more than an equal share of bandwidth and retain low level of queue occupancy. The congestion window size of a TCP sender is carried in the options field on each packet. These proposed schemes will be exercised on routers and make its decision on packet dropping according to the congestion windows. In case of link congestion, the queued packet with the largest congestion window will be dropped from the queue. This will lower the sending rate of its sender and release part of the occupied bandwidth for the use of other competing flows. By so doing, the entire system will approach an equilibrium point with a rapid and fair distribution of bandwidth. As a stateless approach, these proposed schemes inherit numerous advantages in implementation and scalability. Extensive simulations were conducted to verify the feasibility and the effectiveness of the proposed schemes. For the simple proposed packet discard scheme, Drop Maximum outperforms the other two stateless buffer management schemes, i.e. Drop Tail and Random Early Drop, in the scenario of homogeneous flows. However, in heterogeneous flows, Random Early Drop gains superiority to packet discard schemes due to its additional buffer occupancy control mechanism. To overcome the lack of proper buffer occupancy control, Early Drop Maximum is thus proposed. As shown in the simulation results, this proposed scheme outperforms existing stateless techniques, including Drop Tail, Drop Maximum and Random Early Drop, in many respects, such as a fair sharing of available bandwidth and a short response time for short-lived flows.

This thesis interrogates the continued statelessness of more than 12 million stateless people around the world, in the face of Article 15 of the United Nations Declaration of Human Rights (UDHR), which provides that everyone has a right to a nationality. Its principal argument is that the continued unresolved presence of stateless groups around the world exposes international law’s inadequate protection of the ‘right to a nationality’. It advocates the adoption of a robust approach to protect and enforce this right to nationality of stateless people. Article 15 of the UDHR has been complemented by a host of international and regional instruments relating to the right to nationality. In developing its argument, the thesis reviews the relevant instruments, as well as local and international judicial decisions relating to the right. The review is juxtaposed with local legislation and state practices on the issue of citizenship, for the purpose of determining the status of the right, and whether the right forms part of customary international law. This thesis also examines the emergence of nationality as a human right under international law and the interplay between states sovereignty and the right to nationality, for the purpose of showing the lacuna in international law that allows continued statelessness. It examines the relationship between the possession of nationality and the enjoyment of other human rights vis-à-vis the sufferings that arise from statelessness, as well as the extent to which denationalization is a step toward genocide, for the purpose of showing that protection of the right qualifies as erga omnes obligation. It also argues that suffering of stateless people must be taken seriously, as a step toward taking the right to nationality of stateless people seriously. While the thesis does not necessarily provide the final solution to all the problems arising out of statelessness, it is anticipated that it will make a worthy contribution to addressing the legal questions on statelessness and, more importantly, provide a sound basis for further discussions on the status, importance and the need to protect and enforce the right to nationality of stateless people.

Made available in DSpace on 2015-05-14T12:11:57Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 750429 bytes, checksum: 5ebfdae0de943650431d9b0c62906ab2 (MD5) Previous issue date: 2014-09-05 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / In The Origins of Totalitarianism, one of the issues raised by Hannah Arendt, concerns the supposed universality of human rights and how they become brittle in the face of exception situations in which a large group of people lost their most basic rights. The question posed by the author is referring to the dichotomy x human rights of citizens rights. The great mass of people who lost their citizenship or were forced to seek refuge in another country, without being thereby assimilated into this new territory and unable to return to their home territory, feeling constantly threatened by not more having a place where you feel at home in the world, therefore, found themselves thrown in concentration camps or in internment camps had become a constant of the twentieth century, when two world wars put millions of people in the situation of refugees and stateless . These stateless persons and refugees were not only a constant in the last century, today, millions of people continue to flee their country to seek refuge elsewhere. Even with the many advances in legislation of international law with regard to the fragile situation in which they are stateless and refugees, it would still be unwise to assert the universality of human rights. And that is what Hannah Arendt's critique of human rights continues today: it consists in saying that the so-called "inalienable rights" were never effective in protecting or stateless persons or refugees, and all other "waste" land . Contemporary authors such as Giorgio Agamben faced with the thought of Arendt, upgrading these themes. The homo sacer, legal figure of Roman law, is brought by Agamben to explain the condition of these people who live outside of society, and are excluded from the right. Arendt's critique of universal human rights aspect is updated by Agamben deepens that resuming old concepts such as homo sacer, a bunch of field, which are fundamental to understanding the numerous conflicts that happen in the world today. / Em Origens do Totalitarismo, uma das questões abordadas por Hannah Arendt, diz respeito ao suposto caráter universal dos direitos humanos e como eles tornam-se frágeis diante de situações de exceção nas quais um grande grupo de pessoas perdeu os seus direitos mais básicos. A questão colocada pela autora é referente à dicotomia direitos humanos x direitos do cidadão. A grande massa de pessoas que perdiam a sua cidadania ou eram obrigadas a refugiar-se em outro país, sem ser, desse modo, assimiladas a esse novo território e sem poder voltar para o seu território de origem, sentindo-se constantemente ameaçadas por não mais possuírem um lugar onde se sentir em casa no mundo, pois, encontravam-se jogados nos campos de concentração ou nos campos de internamento haviam se tornado uma constante do século XX, quando duas guerras mundiais colocaram milhões de pessoas na situação de refugiados e apátridas. Esses apátridas e refugiados não eram uma constante apenas no século passado, ainda hoje, milhões de pessoas continuam fugindo de seus países para refugiar-se em outros lugares. Mesmo com os inúmeros avanços nas legislações do direito internacional no que diz respeito à situação frágil em que se encontram apátridas e refugiados, ainda assim seria imprudente afirmar a universalidade dos direitos humanos. E é nesse sentido que a crítica de Hannah Arendt aos direitos humanos continua atual: ela consiste em afirmar que os chamados ―direitos inalienáveis‖ nunca foram eficazes na proteção nem de apátridas, nem de refugiados, e de todos os outros ―refugos‖ da terra. Autores contemporâneos como Giorgio Agamben se confrontam com o pensamento de Arendt, fazendo uma atualização desses temas. O homo sacer, figura jurídica do direito romano, é trazida por Agamben para explicar a condição dessas pessoas que vivem a margem da sociedade, e estão excluídas do direito. A crítica de Arendt ao aspecto universal dos direitos humanos é atualizada por Agamben que a aprofunda retomando antigos conceitos como o homo sacer, de bando, de campo, que são fundamentais para entendermos os inúmeros conflitos que acontecem no mundo atual.