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The theoretical framework of collective equality changes how tensions between power-sharing arrangements and human rights are viewed: Instead of a dilemma of peace versus justice, it is framed as between two conceptions of justice as we evaluate power-sharing and other collective measures as a way for promoting justice (in addition to peace). This chapter brings the collective equality framework into the legal debate and explores its key implications for human rights law. It also offers an alternative way to mitigate the tensions between existing international law (International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, Article 1) and contemporary peacemaking practice, which is more apt to the contemporary task of international law: regulating disputes and conflicting demands made by ethno-national groups. This proposed framework aims to contribute to an already happening shift, from a state-centered interpretation of the right to self-determination to a more nuanced and substantive understanding of that right as an international legal right of peoples to secure their freedom and equality.
This chapter substantiates the argument that promoting collective equality as a core rationale of peacemaking is not only utopian, but a realistic goal that corresponds with reducing the likelihood of violent conflict and increasing the potential for durable peace. In the first part of the chapter, the argument that collective equality posits a realistic goal for peacemaking is presented. In the second part, the claim that promoting collective equality should be regarded as an effective peacebuilding strategy is promoted. I base this claim on empirical findings found in the literature, mainly writings on ethnic conflicts, nation-building, and peace. Lastly, the chapter engages with three possible objections related to the relationship between collective equality and power politics.
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