A Commentary: The Position of Ethnic Minorities From the Connection Between Theory of Justice and Good Governance

Date01 January 2022
Published date01 January 2022
DOI10.1177/2153368719873016
Subject MatterCommentaries
Commentary
The Position of Ethnic
Minorities From the
Connection Between
Theory of Justice and
Good Governance
Awaludin Marwan
1
Abstract
Ethnic minorities are sometimes presented as “outsiders,” “awkward,” “alien,” and
many other pejoratives by the “leviathan of majority”. This article will theoretically
analyze how ethnic minorities struggle to pursue justice and access their right to good
governance. Rawls’s theory of justice simply seems as the support of “majorities”
sense of justice, which disregards the sense of justice by minority. Because of the color
of their skin, language, cultural identities, and national origin, ethnic minorities are
trapped under the battle of power holders that can be explained by the notion of
biopolitics. Biopolitics is a method of investigating the interconnection between
human body and power relation. Furthermore, the position of ethnic minorities in
these power battles is appeared such homo sacer. Homo sacer is one who has been
condemned and may be killed by anybody in a figure of Roman law. The concept of
homo sacer can be used to explain the position of ethnic minorities who have always
been victimized. In addition, to establish a concrete example of a case about problems
faced by ethnic minorities, I will discuss the protection of ethnic minorities through
the framework of law and democracy in Indonesia and the Netherlands.
Keywords
ethnic minorities, justice, good governance, biopolitics, homo sacer
1
Faculty of Law, Bhayangkara University of Jakarta, Indonesia
Corresponding Author:
Awaludin Marwan, Faculty of Law, Bhayangkara University of Jakarta, Indonesia.
Email: awaludin.marwan@dsn.ubharajaya.ac.id
Race and Justice
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/2153368719873016
journals.sagepub.com/home/raj
2022, Vol. 12(1) 162–\ 181
This article will discuss the position of ethnic minorities as homo sacer. Often, they
experience significant barriers to accessing justice and good governance. This theo-
retical perspective will be used to explore both an Indonesian and a Dutch context. In
other words, this discussion is primarily focused on philosophical discourses rather
than case law study. As supported by a wealth of literature, it is uncontroversial to
state that ethnic minorities have a weak position in society (Agamben, 1995;
Benhabib, 2004; Knepper, 2008; Lo¨fstrand 2015; Pentassuglia, 2009; Ram, Sanghera,
Abbas, Barlow, & Jones, 2000; Skrentny, 2004; Wacquant, 2014). Therefore, theo-
retical analysis to investigate the position of ethnic minorities and to develop
empowerment strategies is demanded. I argue that ethnic minorities as homo sacer is a
potential fact and that discrimination and stereotyping must be solved through the
implementation of good governance. If justice is the aim, the concept of good gov-
ernance is the way to realize this aim (Marwan, 2018).
Furthermore, good governance requires good regulation and institutions to support
the legal protection of ethnic minorities. In Indonesia and the Netherlands, human
rights regulation is needed to foster the position of ethnic minorities. In Indonesia, the
primary piece of human rights regulation is Law No. 39 of 1999 concerning human
rights (Undang-Undang Hak Asasi Manusia). However, in the Netherlands, ethnic
minorities utilize the Equality Treatment Act (Algemene wet gelijke behandeling)to
fight against discrimination. Meanwhile, the main institutions that support minorities
in these countries are the Indonesian National Commission on Human Rights (Komisi
Hak Asasi Manusia; Setiawan, 2013) and the Netherlands Institute for Human Rights
(College voor de Rechten van de Mens). These regulations and institutions are pivotal
components to developing the system of good governance for ethnic minority pro-
tection (Marwan, 2018).
To identify good governance, the development of democracy and rule of law in
Indonesia and the Netherlands must be discussed. By the same token, good govern-
ance can be understood as a marriage between the concept of democracy and rule of
law, often called democratic rule of law. Herewith, strengthening the position of
ethnic minorities also improves the quality of democracy and rule of law within a
country. A democracy that includes all will facilitate better ethnic minority partici-
pation. With regard to rule of law, good governance requires the state to use its
authority to provide affirmative action to ethnic minorities properly.
Ethnic minorities are a group that has an ethnic identity who often experience
discrimination. As other minority who suffer from discrimination, the position of
minority is subjugated by majority (Benhabib, 2004). When discrimination often
occurs on the basis of their religion, beliefs, political opinion, nationality, sex, sexual
orientation, or civil status (Benhabib, 2004), ethnic minorities have frequently suf-
fered from this discrimination in the public sphere or private life. Herewith, the
attempting effort to solve this problem of discrimination needs to be reconstructed.
This article tries to investigate the ideas of justice, rule of law, and democracy and to
explain the condition of ethnic minorities through the notions of biopolitics and homo
sacer. On the discourse of justice, ethnic minorities are often to be forgotten as well as
their existence in the discourse of rule of law and democracy. Meanwhile, biopolitics
163
Marwan

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