Flip it Open aims to fund the open access publication of 128 titles through typical purchasing habits. Once titles meet a set amount of revenue, we have committed to make them freely available as open access books here on Cambridge Core and also as an affordable paperback. Just another way we're building an open future.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Chapter 6 examines the limits of legal legibility, or what – and whose – problems are legible to the law, and who gets left behind. The chapter looks to the community called Agua Blanca in the western part of Colombia. There, the most visible impact of the 1991 Constitution seems to be the conversion of rights promises into paperwork. While residents of Agua Blanca still use the tutela procedure, accepting the idea that filing tutela claims as what one has to do to try to gain access to services, they see the 1991 Constitution as largely irrelevant to their lives, which are instead constrained by violence and marginality.
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized. Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally. Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims. These interactions ultimately construct the content and strength of the constitutional order. Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Private associations abounded in the ancient Greek world and beyond, and this volume provides the first large-scale study of the strategies of governance which they employed. Emphasis is placed on the values fostered by the regulations of associations, the complexities of the private-public divide (and that divide's impact on polis institutions) and the dynamics of regional and global networks and group identity. The attested links between rules and religious sanctions also illuminate the relationship between legal history and religion. Moreover, possible links between ancient associations and the early Christian churches will prove particularly valuable for scholars of the New Testament. The book concludes by using the regulations of associations to explore a novel and revealing aspect of the interaction between the Mediterranean world, India and China. This title is also available as Open Access on Cambridge Core.
This chapter examines the ways in which the Geneva conference of late 1976, as the culmination of American efforts to push forward with majority rule talks, failed to reach any meaningful results. Part of the failure had to do with the end of President Ford’s administration and the end of Secretary of State Henry Kissinger’s role in the Rhodesia crisis. Much of the chapter analyzes the diplomatic roles of Robert Mugabe and Joshua Nkomo, and how they interacted with American, British, and African diplomats and leaders during the conference. The Zairian leader Mobutu was also involved in assessing the African leaders, and his observations of Mugabe and Nkomo are discussed. The chapter shows how Mugabe managed to make the most of the otherwise failed Geneva talks to solidify his leadership role in ZANU, and how after the conference, he and ZANLA leader Tongogara removed the ZIPA leaders by having them imprisoned in Mozambique in early 1977. The chapter also examines British, American, South African, and Rhodesian views of the future prospects of the Zimbabwean nationalist leaders.
This chapter sets the stage for the diplomatic history concerning the attainment of majority rule and independence in Zimbabwe. From the perspective of the early 1960s, many African nationalists believed that the British would assist them in the transition in ways similar to decolonization in Zambia and Nyasaland, but the Unilateral Declaration of Independence in November 1965 ended that possibility. The white minority government of Ian Smith imprisoned most of the African nationalist leaders in 1964, and it would not be another ten years until they were released to negotiate again. The ZANU–ZAPU split in 1963 was also a factor in the weakness of African nationalists, as was the continued animosity between the two parties as they tentatively commenced the armed struggle in the late 1960s. The rhetorical attacks flung back and forth in each party’s publications are examined, helping to demonstrate the historical animosities between the two factions.
To step back and assess the entire period covered in this book it is possible to reflect on unintended consequences of this diplomatic history. First, the preoccupation with creating mechanisms to keep whites in Zimbabwe that began with the plans for the Geneva talks was of a much higher priority for Western powers than finding ways to avert a potential civil war between ZAPU and ZANU after independence.
This chapter examines the diplomacy before, during, and after the 1980 majority rule elections in Zimbabwe. The pre-election diplomacy focused on ceasefire violations and the large number of unreported South African troops in Rhodesia before the election. The diplomacy of Lord Soames in dealing with this issue, and the issue of violence and intimidation by the different nationalist parties, especially from ZANU, meant that the elections were a tense situation. Lord Soames’ handling of the election observers is discussed, as is his meeting with Robert Mugabe once Mugabe’s overwhelming victory was known. The chapter then looks at Anglo-American relations with Zimbabwe in the first two years of independence. The focus is on the British and American responses to events in 1982, primarily the problems created in Britain among Conservatives over the reports of the torture of detained white officers, some of them British citizens, who were charged with sabotage against Zimbabwe’s Thornhill Air Force base. In addition, the firing of Joshua Nkomo from the government, and his exile to London is discussed.
This chapter examines the diplomacy of Joshua Nkomo and Robert Mugabe in 1977, as they were now confronted with the development of an internal settlement plan between Ian Smith, Bishop Muzorewa and others in Salisbury. The chapter examines how Nkomo and Mugabe worked together on the diplomatic front to push back with British foreign secretary David Owen and US secretary of state Cyrus Vance, who had at first hoped to resume all-party negotiations. Nkomo and Mugabe insisted that they would only negotiate with the British and not with Smith at this stage. The Frontline State presidents, however, also pressured Nkomo and Mugabe to negotiate, arguing that time was running out if the international committee would eventually recognize the Internal Settlement government. That Internal Settlement was agreed upon in March 1978, which then put more pressure on the Patriotic Front to negotiate while also increasing the war efforts. The chapter discusses a challenge to Mugabe’s leadership from within ZANU in early 1978.
This chapter examines the breakthrough in the Anglo-American diplomacy with the decision made at the July 1979 Lusaka Commonwealth Heads of Government Meeting by the British to support Commonwealth proposals to not recognize the new Zimbabwe-Rhodesia government led by Bishop Muzorewa and to not lift sanctions. Instead, a declaration was made that committed the British to holding a constitutional conference in London and Lancaster House in late 1979. The chapter covers some details of the Lancaster House negotiations relating to the difficulties Joshua Nkomo and Robert Mugabe had with some of the strong provisions to protect white Zimbabwean rights around land and pensions. The unilateral decision by Robert Mugabe and ZANU to run on a separate ticket in the 1980 elections is also discussed.
This final chapter covers the events of 1983’s Gukurahundi operation, where Mugabe and his ruling party decided to launch the North Korean-trained Fifth Brigade against dissidents in Matabeleland North and South provinces and the Midlands province. Reports of their activities started to be known by the British military and then Anglo-American diplomats by mid-February. The reception of reports, particularly of large numbers of civilian deaths by the Fifth Brigade, is discussed in terms of Anglo-American diplomats. Different diplomatic responses between the Americans and the British to the Gukurahundi are examined, although both agreed to avoid making an international issue out of the reports of large numbers of civilian deaths in a concerted effort. Diplomatic debates over how much Prime Minister Mugabe was responsible are also discussed, as is Mugabe’s attempts to rationalize his use of the Fifth Brigade against civilians. The final discussion revolves around the use of “tribalism” or ethnic conflict by Anglo-American diplomats to help justify their lack of protest to civilian killings by a government that was also receiving development aid funding and military training and aid during this period.
This chapter continues to cover background context for the international diplomacy around Zimbabwe’s decolonization in the early 1970s. The emergence of Bishop Abel Muzorewa as a political leader is described. While Nkomo, Sithole, and Mugabe were still in detention, Muzorewa started a new political organization, the African National Council. Also discussed is the period of South African détente with the African nations of southern Africa, particularly Zambia. Failed Attempts to negotiate between Joshua Nkomo, Ndabaningi Sithole, and Ian Smith in 1974 are discussed, but the release of the nationalist leaders created new opportunities for political action. The attempt by the Frontline State presidentsto create unity between ZANU, ZAPU, FROLIZI, and the African National Council was solidified under the Lusaka Agreement of November 1974. Unity was elusive, however, as leadership battles were accentuated by the real fighting within ZANU’s forces, ZANLA, during the Nhari rebellion in late 1974. The divisions in ZANU were exacerbated by the assassination of ZANU leader in exile, Herbert Chitepo, in April 1975. The impact of these events are discussed, as is the growing concern by the Americans that the Soviets and Cubans would soon be in a position to better support the Zimbabwean liberation movements.
This chapter mainly concerns the shuttle diplomacy of the US secretary of state, Henry A. Kissinger, in 1976. Kissinger made two trips to Africa in 1976, hoping to influence Cold War conflicts in southern Africa. Kissinger succeeded, with South African help, to force the Rhodesian prime minister, Ian Smith, to concede to the concept of majority rule in two years. Plans were then put in motion for an all-parties conference in Geneva, run by the British. This chapter examines the pre-conference diplomacy, including attempts by Mugabe and Nkomo to have those military leaders from ZANLA who were accused of the murder of Herbert Chitepo released by the Zambians. This chapter includes coverage of discussions between Kissinger and the South Africans, the British, and with Tanzanian president Julius Nyerere. There is also discussion of a letter by Bishop Muzorewa charging Nyerere and Mozambique’s Samora Machel of keeping him and Reverend Sithole from reaching the liberation forces in Mozambique and Tanzania.