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Ограничения на правото на свободно придвижване по време на извънредно положение заради пандемия, причинена от Sars-Cov-2

Ограничения на правото на свободно придвижване по време на извънредно положение заради пандемия, причинена от Sars-Cov-2

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2020

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

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Защитата на личната неприкосновеност в условията на пандемията от Covid-19

Защитата на личната неприкосновеност в условията на пандемията от Covid-19

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 2/2020

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.

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ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

Author(s): Ivona Shushak,Vesna Shapkoski / Language(s): English Issue: 1/2021

The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.

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LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

Author(s): Benjamin Nurkić / Language(s): English Issue: 1/2021

So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.

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SOCIAL WORK AS THE SAFETY NET OF THE ALBANIAN SOCIETY IN TRANSITION

SOCIAL WORK AS THE SAFETY NET OF THE ALBANIAN SOCIETY IN TRANSITION

Author(s): Arlinda Ymeraj / Language(s): English Issue: 3/2018

Social work has little tradition as an academic discipline or as a profession in Albania despite the high need for well-trained social workers. Social work in Albania had practically not existed in the past, neither before the WWII nor during socialist regime. It was the deep political and economic changes of the post socialist phase and the support of government and non-government stakeholders, like the Ministry of Labour, Social Affairs, Emigration and Ex- Persecuted People as well as the Grand Valley University, Michigan, which paved the way for the establishment from scratch of the Faculty of Social Work at the University of Tirana in 1992. Two other schools of Social Work were also established in two public universities, one at the University of Shkodra (2005) and another at the Elbasan University (2004). The Albania’s adherence to the Bologna Declaration brought a new reform, initiated in 2005, in which the Departments of Social Work were actively involved and played a critical role to adjust the curricula according to the EU standards. However, social work is neither a straight forward academic discipline nor a clear-cut profession. Social work is both, above all it is the safety net of society. The concept of social work derives from the needs of society, which in the end turns towards social mobilization, participation and inclusion. The global definition of social work, set out by the International Federation of Social Workers (IFSW) and approved by its general assembly in 2014, defines Social Work as follows: “Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. Underpinned by theories of social work, social sciences, humanities and indigenous knowledge, social work engages people and structures to address life challenges and enhance wellbeing”. (http://www.communitycare.co.uk/what-is-the-roleof-social-workers).

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Към учението за недействителността на брака или още един поглед върху съотношението между понятията нищожен, унищожаем и несъществуващ брак

Към учението за недействителността на брака или още един поглед върху съотношението между понятията нищожен, унищожаем и несъществуващ брак

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 9/2019

The present article is devoted to one of the namely the one concerning the legal notions of “void” and “inexistent” marriage and the correlation between them. From the perspective of legal history, the author traces the origin and the subsequent development of the different views upon these notions, expressed in the legal theory, initiating from the Roman private law until present day. This enables the conclusion that the issues on the precise legal qualifi cation of a marriage as “inexistent”, “void” and “voidable” one and on the exact litigious manner by which both the respective legal vice of the marriage and the legal consequences of such a marriage are resolved, is subjected to a great extent to the dominant legal views – religious (canonical) or secular, on the institute of marriage and marriage formation throughout the development of society.

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Едно уникално сравнително-правно съчинение от Късната античност (Collatio legum Mosaicarum et Romanarum)

Едно уникално сравнително-правно съчинение от Късната античност (Collatio legum Mosaicarum et Romanarum)

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 9/2019

The article presents some of the main problems related to the study of a unique comparative legal work from Late Antiquity – Comparison of the law of Moses and Roman law (Collatio legum Mosaicarum et Romanarum). The manuscripts in which it is contained, its structure and content are examined. The author's generalizations of existing theories about his origin, authorship and purposes of compilation have a particular importance. The author maintains that if the work was originally composed in the late 3rd and early 4th centuries and had a rather pragmatic focus on the application of offi cial Roman law among the Jewish communities, which had signifi cant privileges and jurisdiction, then more later, interpolations were introduced for apologetic purposes, which does not exclude its application in epicopalis audientia. The general conclusion point to the creation a Collatio by one or more erudite and good lawyers and religious scholars who have made a brilliant comparison of the law of Moses and Roman law to achieve not only the specifi c goals of its time, but also to present a universal importance of law and religion in the protection of man and his values.A Unique Comparative Legal Study From Late Antiquity (Collatio legum Mosaicarum et Romanarum).

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Опит за една нова систематизация на учебната дисциплина, изучаваща административното материално право – специална част

Опит за една нова систематизация на учебната дисциплина, изучаваща административното материално право – специална част

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 9/2019

The article analyzes in historical context the systematization of the academic discipline, studying the administrative material law – special part. The author makes a new systematization of the course Special Administrative Law by using the three stateforming elements – population, territory, state power – as a distinguishing criterion. This new systematization if as follows: the Administrative law of citizens, the Administrative Territorial law, the Administrative Business law, the Administrative Non-profi t law.

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Правна уредба на Европейската гражданска инициатива

Правна уредба на Европейската гражданска инициатива

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 9/2019

The paper is dedicated to analysis of the legal regulation regarding the European Citizens’ Initiative, which is part of the relevant EU law (primary and secondary EU law), as well as regarding the respective relevant provisions stemming from the national legislation of the Republic of Bulgaria.

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Добросъвестността при недействителност на трудовия договор

Добросъвестността при недействителност на трудовия договор

Author(s): Maria Dimitrova Chochova / Language(s): Bulgarian Issue: 9/2019

This paper addresses some key issues related to the legal signifi cance of the good faith of the employee in declaring invalid the grounds for employment to which he is a party. Although not exhaustive, the peculiarities of some legal consequences in case of bad faith of the employee as a party to an employment relationship, the grounds for which have been declared invalid, are also taken into account.

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Intercountry adoption in Polish family law

Intercountry adoption in Polish family law

Author(s): Katarzyna Kamińska / Language(s): English Issue: 31 (3)/2020

The objective of this article is to present the intercountry adoption institutions in Polish family law. The objective is achieved by analysing the term ‘adoption’ by tracing it back to its origins in Imperium Romanum. Particular attention was paid to the recent amendment to the Penal Code, based on which the legal definition of the term ‘adoption’ was introduced (which is not the case of the Family and Guardianship Code) and to the differences between the terms ‘intercountry adoption’ and ‘foreign adoption’. The article includes the analysis of Article 1142 of the Family and Guardianship Code and the essence of the intercountry adoption principle of subsidiarity. The purpose of the study was to show technical and organisational issues related to the concept of intercountry adoption, such as pre-adoption period or ‘eligibility’ of potential adopters. One of the conclusions was that the citizenship of the adopter does not determine the international type of adoption, but his/her place of residence outside Poland. Certain international legal documents were reviewed to see how the adoptee’s welfare is protected under international law and to outline the genesis of the regulations in Article 1142 of the Family and Guardianship Code. The author’s aim is to show the circumstances favourable to the adoption of a child by a foreign couple. At this point, it should be stated that the child’s best interest should always remain the most important condition. Furthermore, when ruling in an adoption case, the court should protect the child’s interests, but also pay attention to the regulations concerning the continuity of the child’s upbringing as well as its ethnic, religious, cultural and linguistic identity. The above is related to the contemporary issue of adoption by homosexual couples. Countries, such as Poland, which do not allow adoption by homosexual couples may challenge the eligibility of candidates on the grounds of infringement of fundamental rules of the Polish legal order. Furthermore, the article includes statistical data concerning intercountry adoption. Currently, the number of intercountry adoptions decreases not only in Poland, but worldwide. In Poland, it may be caused by the tightening of the eligibility criteria for adopters and adoptees with respect to intercountry adoptions and reduction in the number of centres authorised to effect such adoptions. In the last part of the study, the author developed the argument that the issues of intercountry adoption are part of the global problems related to poverty and inequality.

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When Ć Becomes Č: Discrimination of Unrecognized National Minorities in Slovenia

When Ć Becomes Č: Discrimination of Unrecognized National Minorities in Slovenia

Author(s): Ana Kralj / Language(s): English Issue: 4/2008

The paper discusses the situation of members of “new” national communities in Slovenia, focusing particularly on their experience regarding discrimination in the spheres of education, work, social and political participation, access to the media and everyday life. The discrimination they face in everyday life is often rooted deep within the institutional structure as the constitution of Slovenia has no particular provisions protecting the (collective) rights of these communities. The analyses of various research reports and databases, substantiated with transcripts from selected interviews with members of different minority (cultural) associations, provide an insight into the sorts, the extent, the circumstances and the consequences of the social, civil and political discrimination based on national or ethnic appurtenance. In the concluding part, the author argues that prejudices and stereotypes, which support the discriminative attitude towards the minority communities, are more than merely oversimplified judgements arising from narrowsightedness or limited knowledge – above all, they are political measures, ideological tales, which are the crucial driving force of existing societies. The ethnic discrimination – whether insulting remarks or the perfidious violence of ignorance – which is based on the alibi of prejudices is therefore never “an event”, but rather a process nested within the relations of power.

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Dejtonski mirovni sporazum je potvrda državno-pravnog kontinuiteta Bosne i Hercegovine

Dejtonski mirovni sporazum je potvrda državno-pravnog kontinuiteta Bosne i Hercegovine

Author(s): Zdravko Lučić / Language(s): Bosnian Issue: 01+02/2020

The Dayton Peace Agreement for Bosnia and Herzegovina has been in force for 25 years. This article examines different scales of its application regarding some of its crucial structural elements. The author explores different options to reform and improve the existing arrangements of the agreement. Hereby, he departs from several public law institutes of the Roman Imperial State as potential models for determining functional reforms of Bosnia-Herzegovina’s society. Among these are bona fides, the conceptual foundation of human rights by natural law, uti possidetis iuris, cursus honorum i ambitus. Special focus is put on the review of the constitutional arrangements and their range in regard to Annex 4.

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Dejtonski mirovni sporazum u odlukama Ustavnog suda Bosne i Hercegovine

Dejtonski mirovni sporazum u odlukama Ustavnog suda Bosne i Hercegovine

Author(s): Miodrag N. Simović,Milena Simović / Language(s): Bosnian Issue: 01+02/2020

After introductory remarks related to the abstract review of constitutionality from Article VI/3a) of the Constitution of Bosnia and Herzegovina, the article provides an overview of the current practice of the Constitutional Court of Bosnia and Herzegovina related to the Framework Agreement for Peace in Bosnia and Herzegovina, i.e. the Dayton Peace Agreement. What is constant is that the Constitutional Court of Bosnia and Herzegovina has been dealing with this issue from the beginning of its functioning onwards, taking the position that the Constitution of Bosnia and Herzegovina was adopted as Annex 4 of the General Framework Agreement for Peace in Bosnia and Herzegovina and it therefore follows that there can be no conflict or the possibility of a dispute between that Agreement and the Constitution of Bosnia and Herzegovina. It follows from the very structure of the Agreement that the Annexes are of the same character and that the creators of the Annexes did not intend to encounter any conflict or the possibility of a dispute between individual Annexes or the institutions established by them. Therefore, it can be concluded that they complement each other and act in parallel. The Constitutional Court of Bosnia and Herzegovina also dealt with the Dayton Peace Agreement in its four partial decisions No. U-5-98 in the context of sovereignty, the rights of peoples to self-determination, entity statehood and parallel relations with neighboring states. A significant part of the case law of the Constitutional Court of Bosnia and Herzegovina deals with issues of refugees and displaced persons from Article II/5 of the Constitution of Bosnia and Herzegovina, where Annex 7 of the Dayton Peace Agreement played a role in arguing Constitutional Court’s decisions. In accordance with the case law of the Constitutional Court, this constitutional provision indicates that Annex 7 serves not only for the purpose of interpreting the Constitution of Bosnia and Herzegovina, but also as its further constitutional elaboration, especially the right to return from Article II/5 of the Constitution of Bosnia and Herzegovina.

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Revizija Ustava Bosne i Hercegovine nakon dvadeset i pet godina implementacije mira – pitanje političke volje ili prihvaćene obaveze svih potpisnika Općeg okvirnog sporazuma za mir u Bosni i Hercegovini?

Revizija Ustava Bosne i Hercegovine nakon dvadeset i pet godina implementacije mira – pitanje političke volje ili prihvaćene obaveze svih potpisnika Općeg okvirnog sporazuma za mir u Bosni i Hercegovini?

Author(s): Lada Sadiković / Language(s): Bosnian Issue: 01+02/2020

The General Framework Agreement for Peace in Bosnia and Herzegovina was signed after the war 1992-1995 by nine signatories. Shortly after the signing of the Peace Agreement, it became clear that Bosnia and Herzegovina could not be a functioning state without a revision of Annex 4 - the Bosnia and Herzegovina Constitution. No significant progress has been made in the past twenty-five years, except for those decisions taken by the High Representative. Although the revision of the Bosnia and Herzegovina Constitution is a key existential issue, which has been repeatedly ordered to Bosnia and Herzegovina by both the Council of Europe and the European Union, two questions arise. First, whether the Bosnia and Herzegovina state can independently fulfill its international obligations without the active participation of all signatories of the General Framework Agreement for Peace in Bosnia and Herzegovina? And second, to what extent are the representatives of the international community, primarily the Institution of the High Representative, co-responsible for the stagnation and decay of Bosnia and Herzegovina? The answer is given in numerous Resolutions of the Council of Europe and the EU, which explicitly state that the revision of the Bosnia and Herzegovina Constitution must be carried out in order to strengthen state institutions at the expense of the Institutions at Entity level, under the pressure from the international community and through the action of the Office of the High Representative (Council of Europe 2004).

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Uticaj Dejtonskog mirovnog sporazuma na inovacioni sistem u Bosni i Hercegovini

Uticaj Dejtonskog mirovnog sporazuma na inovacioni sistem u Bosni i Hercegovini

Author(s): Miloš Trifković / Language(s): Bosnian Issue: 03+04/2020

The innovation system consists of human resources, institutions and regulatory systems aimed at the creation, application, distribution and dissemination of scientifically based knowledge in order to achieve individual and general welfare through the development of the knowledge economy and society. Previously, the basic principles of the innovation system were comprehensivly regulated by the constitutions of the SFRY, SRBiH and RBiH. The Dayton Peace Agreement, Annex IV in particular, changes the paradigm. It defines only two postulates of the innovation system: private property and human rights. Thus created legal gap has been bridged by the assumption of the competence of lower state units to regulate the innovation system, except in the field of international cooperation. The results of the constitutions and legislation of the Entities and cantons are: lack of the common interest at the State level, fragmentation, insufficient funding, dysfunction and inefficiency of the innovation system. In order to at least partially and urgently rehabilitate the current state of the innovation system, the author has proposed legal, political, organizational and economic measures that can be taken within the existing constitutional system.

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ACCOUNTABILITY STRUGGLES IN DEMOCRATIC ARGENTINA: CIVIC ENGAGEMENT FROM THE HUMAN RIGHTS MOVEMENT TO THE NÉSTOR KIRCHNER ADMINISTRATION

ACCOUNTABILITY STRUGGLES IN DEMOCRATIC ARGENTINA: CIVIC ENGAGEMENT FROM THE HUMAN RIGHTS MOVEMENT TO THE NÉSTOR KIRCHNER ADMINISTRATION

Author(s): Enrique Peruzzotti / Language(s): English Issue: 2/2010

Argentina’s current democratic period, inaugurated in 1983, has differed markedly from the country’s previous democratic experiences as a result of a new form of relationship between citizens and politicians, particularly the emergence of a more sophisticated and demanding citizenry determined to translate preexisting ideals of democratic representation into a novel civic concern for governmental accountability. The dramatic experience of state terrorism under the last military dictatorship, which governed the country from 1976 to 1983, gave rise to a new actor—the human rights movement—which would play a crucial pedagogic role in Argentine society, introducing a much-needed concern for rights and the rule of law into the country’s political culture. The emergence in broad sectors of Argentine civil society of a new civic sensibility regarding breaches of law by public officials resulted in the rise of a new breed of civic politics aimed at improving the accountability of government.

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ACTIVISTS IN THE TRAP OF ANTI-POLITICS: AN EXPLORATION OF THE POWERLESSNESS OF HUMAN RIGHTS NGOs IN RUSSIA

ACTIVISTS IN THE TRAP OF ANTI-POLITICS: AN EXPLORATION OF THE POWERLESSNESS OF HUMAN RIGHTS NGOs IN RUSSIA

Author(s): Françoise Dauce / Language(s): English Issue: 2/2010

In Russia, the “democratic transition” took place about ten years after the transitions in Latin America: the democratic period began in Argentina in 1983, while the Soviet Union disappeared in 1991. Many comparative works have highlighted the role played by civil societies in the fall of these authoritarian regimes (Okuneva 1994; Khoros 1998; Vizgunova 2001; Vorozheikina 2001; Meier-Dallach and Juchler 2002). Andrew Arato and Jean Cohen (1993:2) were “truly impressed by the importance in East Europe and Latin America, as well as in the advanced capitalist democracies, of the struggle for rights and their expansion, of the establishment of grassroots associations and initiatives and the ever renewed construction of institutions and forums of critical publics.” However, ten years later, at the end of the 1990s, as disappointment with the democratization process grew, scholars insisted that the weakness of civil society in Russia was to blame for the failure of the transition. “As regards civil society, it is profoundly isolated: the voluntary and independent union that realizes concerted action is a rarity in our country. Citizens retreat in the face of the state, which, having established complete control over the political sphere, never ceases to extend its participation in the social sphere,” writes Maria Lipman (2006:2). Russian sociologists highlight the differences between Russia and the Latin American countries. Tatiana Vorozheikina (2001:8) underlines similarities in the state’s control of social organizations in Stalin’s USSR and in the Latin American dictatorships, but considers that “in the Latin American countries (Brazil, Argentina, Chile, Peru, and Mexico), the dominance of the state over society was not as strong [as in Russia].”

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CIVIL SOCIETY, HUMAN RIGHTS STRUGGLES AND DEMOCRATIZATION IN ARGENTINA AND RUSSIA: SOME BRIEF COMPARATIVE CONCLUSIONS

CIVIL SOCIETY, HUMAN RIGHTS STRUGGLES AND DEMOCRATIZATION IN ARGENTINA AND RUSSIA: SOME BRIEF COMPARATIVE CONCLUSIONS

Author(s): Enrique Peruzzotti,Françoise Dauce / Language(s): English Issue: 2/2010

The late 1980s and early 90s saw an upsurge in comparative research on civil society in Latin America and Eastern Europe. At the time, scholars supported the idea of a “third wave of democratization,” and Latin America was presented as a model for post-communist countries. Civil societies in both regions were analyzed comparatively. Emblematically, the Russian Soldiers’ Mothers were often compared with the Mothers of the Plaza de Mayo in Argentina. However, the further evolution of post-communist societies soon discouraged further comparison. This was especially the case for Russia, where social and political change took unforeseen paths. Scholars came to underline the specificity of Russian social structures and traditions to explain this. Given this divergence, why revisit the comparison between Russia and Argentina today? Our answer is that two decades after the fall of the Berlin Wall, comparative research appears interesting again because the illusions of transitology have disappeared and new research perspectives emerge out of a recognition of the specificity of historical circumstances.

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THE STIGMA OF MEMORY IN TUMBAYA-JUJUY

THE STIGMA OF MEMORY IN TUMBAYA-JUJUY

Author(s): Ludmila Da Silva Catela / Language(s): English Issue: 2/2010

The church where Lavalle was skinned. A small town surrounded by mountains. A picturesque cemetery watching over the town from on high, as was the “custom in olden times.” A small municipal office next to the only public telephone in town, and the center of public life, the square. In the middle is a flagpole that flies a large Argentine flag on special occasions and patriotic holidays. At the base of the flagpole is a plaque with the words “God, Country, Home. Tumbaya 1979,” an unmistakable sign of the military presence during the 1970s. It might be added that the only plaques in town, in square and church, were placed there by the Argentine Army in 1979. Tumbaya, a small town located at the gateway to the Quebrada de Humahuaca valley in the northern part of Argentina, is home to a number of families of indigenous ancestry. This identity surfaces in times of crisis, especially regarding land claims, or during assemblies, the primary means for settling intra-community disputes. Yet it is unusual for anyone to acknowledge indigenous blood in the course of everyday life or when introducing themselves on public occasions. For all intents and purposes, this identity is denied. A small number of surnames are shared by a large number of families: everyone is kin and compadre to everyone else. Family and political networks (and their factions) regulate social relations in Tumbaya.

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