Friday, October 11, 2019

Legal aspects of cultural diversity Essay

Cultural diversity is of great essence to any community, just as diversity is important to the living organisms which can in fact, have their ecological system adversely affected, lack of cultural diversity can lead to an increase in the risk of economic and political instabilities. This therefore implies that it is very important to preserve cultural diversity. Its preservation, above all conflicts and security concerns has made it to be of much concern in the global arena. For effective integration of the cultural diversity there is need to develop and enact laws that are intended to preserve it so as to continue enjoying its numerous benefits (Heuberger, Gerber, & Anderson, 1999). Legal aspects of cultural diversity A major fundamental characteristic that is emerging as a result of political space that is increasingly widening globally is not so much due to plurality but as a result of polarity of thoughts coming from different corners of the globe which vary significantly. The polarity of these ideas naturally corresponds to the cultural diversity of the communities. Polarity does not necessarily lead to development in the negative direction in the process of social politics. However, there is need to derive some values which are useful from this particular development. This therefore means that there should be efforts which are aimed at developing institutional mechanisms, which apart from acknowledging the existence of cultural diversity they also stress on the fundamental consensual principles and values as a basis of any state. The potentiality of such opportunities lies in the enactment of laws intended to safe guard cultural diversity, such laws should be well entrenched in a country’s supreme law, that is, the constitution (Tarver, 1999). The ethnic and cultural diversity is a broad area which can be very problematic should states fail to adequately cater for them in their laws of the land. When properly managed, cultural diversity is capable of producing positive fruits in the development of institutional structures aimed enhancing integration of various cultures. It is therefore important to note that dealing with ethnic and cultural diversity is not only a sensitive issue but a complex one too. Thus it is of much essence to include virtually all the stakeholders while coming up with laws of regulating and governing this diversity. This is very important since if such a process is not well managed the minorities are likely to feel left out in the development of their nations and thus opposed to its objectives. This can result into anarchy in a country, which can easily lead to tribal conflicts which do not auger well for the economic and political stability of a nation (Mitullah, 2002). The differences in various cultures are not absolute, they can therefore, be mediated positively through a well engineering process of the constitution of the country or other laws governing the state. This is a task that every country should endeavor to accomplish so as to avoid instances of discrimination of minorities. Their values too should be well taken care of and appreciated in a similar manner as those of the majority. Making laws on such basis will ensure that no single culture is left out in the task of nation building as they are all important and each form an integral part of the nation and thus a state cannot function optimally without the inclusion of all the cultures existing within its boundaries (Mitullah, 2002). By the laws properly addressing the issue of cultural diversity the states are likely to be saved from effects of conscious mobilization of people based on their culture and ethnic origins by their elites who are selfish and only interested in their political gains as opposed to the greater good of the entire nation. Such laws should ensure that there is eradication of political processes in which politicians are able to divide people during the periods of campaigns through ideas of cultural differences instead of policies that are needed by the state in order to develop both democratically and economically and thus liberate the citizens from the handicaps of ethnicity and their respective cultures. The laws should enable the citizens to perceive each culture in the country as an important part in the general development of the nation (Mitullah, 2002). In many countries ethnic or cultural social engineering so as to achieve myopic political goals is a major challenge in attaining credible political and economic stability. Not unless such is adequately addressed several countries will continue suffering and their development objectives delayed. Such short comings can be effectively addressed if there are laws and statutes to cater for cultural diversity so that it can be used to yield good fruits for these nations as opposed to situations of political and economic instabilities resulting from failing to manage cultural diversity in a proper manner (Lewis, 2007) Conclusion Cultural diversity when well managed in any given society is capable of yielding a lot of benefits to the all the nationalities. There is need therefore to ensure that it is well preserved and adequately taken care of so as to realize the benefits of stable economies and political systems. By appreciating cultural diversity the members of the different communities are able to borrow the strong values from other cultures and this will lead to the emergence of a culture that incorporates all the cultural diversities that exist within their limits. This can be effectively addressed in laws and statutes which should be oriented at ensuring that cultural diversity is preserved. Reference: Heuberger, B. , Gerber, D. & Anderson, R. (1999): Strength through Cultural Diversity; Journal Article of Multiculturalism Vol. 47, Issue 4. Lewis, M. (2007): Cultural Norms and Political Mobilization: Accounting for Local and State-Level Liquor Laws, 1907-1919, Journal of Cultural Geography, Vol. 24, Issue 8. Mitullah, W. V. (2002): Recognising and Respecting Cultural Diversity in the Constitution, Retrieved on 22nd May 2009 from, http://www. commonlii. org/ke/other/KECKRC/2002/5. html. Tarver, M. L. (1999): Law Enforcement Diversity Training And Technology, Retrieved on 22nd May 2009 from, http://aabss. org/journal1999/f13Tarver. html.

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