[JURIST] Foreign "guest workers" in the US are being continually and severely abused, according to a report [text; press release] pointedly entitled "Close to Slavery" issued Monday by the Southern Poverty Law Center [advocacy website]. The report says that workers are frequently cheated out of wages, and must pay high fees to obtain the offered jobs. Workers have travel documents seized and held by employers, are forced to live in deplorable conditions, and are denied medical treatment for injuries on the job. Workers face potential deportation or blacklisting if they report abuses, and although federal law and US Department of Labor regulations provide guest workers protections, the government rarely enforces these measures. Affording a private attorney is nearly impossible, which leaves workers with no feasible legal recourse.

"Guest workers" are foreign unskilled workers who enter the US legally to work on a temporary basis in agricultural, forestry, and construction sector jobs. Under the currentH-2 [Labor Dept. H-2a visa regulations; H-2b visa regulations] system employers can bring in laborers, mainly from Mexico and other Latin American countries who must then work for the company that imports them, and have no legal right to change jobs. Promoting guest workers [JURIST report] has long been a central part of President Bush's immigration policy. Bush again called for a renewal and extension of the guest worker program in his 2007 State of the Union address [transcript], including the possibility of bringing millions more guest workers to the US, and Congress is currently preparing to debate appropriate legislation. The report, which offers recommendations for overhauling the program to end these abuses, was based on interviews with thousands of guest workers, a review of the research on guest worker programs, many legal cases, and counsel by legal experts. AP has more.

[JURIST] The Idaho State Senate [official website] passed a bill in a 29-6 vote Monday that would block illegal immigrants from using most taxpayer-financed public assistance programs. S-1157 [text] would require that applicants eighteen years of age or older to show proof that they are lawfully present in the United States before receiving certain public benefits. Sen. Chuck Coiner, one of three Republicans who voted against the bill, criticized the bill's vague description of "public benefits," which he said left it open to racist exploitation. Though most public programs would require proof of a valid Social Security Number as well as a passport or driver's license, the bill makes exceptions for emergencies such as disaster relief and medical emergencies. It will now be put to vote before the Idaho House of Representatives. AP has more.

Illegal immigration [JURIST news archive] legislation is pending in several states. Earlier this month the Oklahoma House of Representatives approved a strict measure [JURIST report] to prevent illegal immigrants from obtaining state identification, and requiring all state and local agencies to verify citizenship status of applicants before authorizing benefits. The Georgia State Senate passed a bill [JURIST report] in February requiring state residents to acquire a valid state driver's license and confirm they are legally present in the US before they can register their automobiles; that proposal accompanies the broader Georgia Security and Immigration Compliance Act [text] to deny illegal aliens many of the state's taxpayer-funded services.

[JURIST] The US Securities and Exchange Commission (SEC) [official website] filed fraud charges [press release] Monday against former executives of Canadian telecommunications manufacturer Nortel Networks [corporate website; JURIST news archive], accusing the corporation of misleading investors. The complaint [PDF], brought in the US District Court for the Southern District of New York [official website], accuses Frank A. Dunn, Douglas C. Beatty, Michael J. Gollogly and MaryAnne E. Pahapill of violating federal securities laws and lying to auditors. The alleged misconduct occurred under the executives' control from September 2000 to January 2004 as an attempt to meet financial forecasts by altering the corporation's revenue recognition policies. Dunn and Beatty also face charges under the Sarbanes-Oxley Act [PDF] for violating officer certification provisions. The SEC is seeking a permanent injunction to keep the defendants from serving as directors, as well civil monetary penalties.

The Ontario Securities Commission (OSC) [official website] on Monday also announced a May 1 hearing [press release] for Dunn, Beatty, and Gollogly on a number of possible sanctions [PDF] against them. The OSC and SEC investigations of Nortel are being conducted separately, although each organization has acknowledged the parallel investigation. Dunn said Monday that he welcomes the OSC hearing and that he believes it will remedy negative public opinion about the commitment and honesty of Nortel employees. No criminal charges have yet been filed in Canada, but a spokeswoman for the Royal Canadian Mounted Police [official website] confirmed that an investigation is still pending. The Globe and Mail has more.

[JURIST] UN Secretary-General Ban Ki-moon [official profile] pressed member nations to work with the UN Human Rights Council (UNHRC) [official website; JURIST news archive] on Monday, telling UNHRC members at the opening of the council's first 2007 session that it is crucial that they in turn work with all nations in cooperation toward ending human rights abuses. In an address to the UNHRC in Geneva, Ban said the council should serve as a "forum and a springboard for action."

The Human Rights Council was criticized for its limited successes in Israel and Sudan last year, when both countries refused to accept UNHRC investigative teams. In February, a UNHRC probe to the Darfur region was canceled [JURIST report] when Sudan refused to grant a visa to one of the members of the investigation team. In September 2006, the US expressed disappointment [JURIST report] with the work of the UNHRC for failing to adequately address violations in Darfur, North Korea, and China and has since refused for a second year [JURIST report] to run for election to the body, created last year to replace the largely-discredited UN Human Rights Commission. AP has more.

[JURIST] A New Jersey jury awarded a plaintiff $20 million in the latest Vioxx [FDA backgrounder; JURIST news archive] litigation on Monday. The jury found that the drug, distributed by Merck [corporate website], caused the plaintiff's heart attack and that had the plaintiff's doctor known of the risks associated with Vioxx he would not have prescribed it to the plaintiff. During the first phase of the trial, the jury found that Merck had not adequately warned doctors and consumers about the increased risk of heart attack associated with the drug.

Last week, a New Jersey Superior Court upheld [JURIST report] a separate jury verdict that found Merck adequately warned physicians of the risks associated with Vioxx. Merck faces more than 27,000 lawsuits from people who say they were harmed by the once $2.5 billion-a-year drug before it was pulled from the market [press release] in September of 2004. Merck has set aside $1 billion to fight every Vioxx court challenge. In November 2006, a federal judge declined to certify a national class action suit [JURIST report], ruling that it made more sense to try the cases in their respective states of origin. AP has more.

[JURIST] A lawyer for Zimbabwe opposition presidential hopeful Morgan Tsvangirai [BBC profile; JURIST news archive], who was arrested [JURIST report] by government forces Sunday, alleged Monday that police beat Tsvangirai after he was taken into custody. Party officials similarly said [press release] he was "fighting" for his life after being "brutally beaten." Innocent Chagonda reported that he saw from a distance that Tsvangirai's head was bandaged and his face swollen, but lawyers have not yet been granted access to meet with him. In response, a Zimbabwe High Court judge ordered police give to Tsvangirai access both to his lawyer and to immediate medical attention [BBC report]. Government forces arrested at least 100 people and members of the opposition group Movement for Democratic Change (MDC) [party website] after a prayer meeting in the nation's capital of Harare was declared illegal. As citizens approached the sports field where the "Save Zimbabwe Campaign" meeting was to be held, riot police forcefully blocked entrance to the grounds and fired tear gas on the crowds. One activist was shot dead at the rally. Besides Tsvangirai, several other senior opposition figures [AFP report] were detained. US Department of State spokesman Sean McCormack called on the government of Zimbabwe Monday to be held accountable [press release] for its actions and for the safety and well-being of those in custody.

Police imposed a three-month ban [JURIST report] on anti-government protests last month after a political rally by the MDC led to confrontations between police and citizens around the country. Political tensions have run high in Zimbabwe [JURIST news archive], especially since President Robert Mugabe [BBC profile] announced in December that he planned to extend his presidency from 2008 to 2010 to correspond with the parliamentary elections. In February, Mugabe indicated that he would not hesitate to use force [Reuters report] against opposition protests. The government claims protests are in violation of Zimbabwe’s Public Order and Security Act [text], which makes it illegal to hold a political meeting of any size without written approval from police four days in advance. Zimbabwe police, who are tightly controlled by Mugabe’s administration, often use the legislation to stifle dissent, shut down independent newspapers, and arrest protesters. BBC News has more.

[JURIST] The US District Court for the Middle District of Pennsylvania [official website] heard opening statements Monday in a lawsuit challenging the constitutionality of two laws passed by the city of Hazleton, Pennsylvania [official website; legal defense website] that make it more difficult for illegal immigrants to live or work in the town. Lozano v. City of Hazleton [case information, docket], which could take up to two weeks at trial, is reportedly the first case to address whether local governments can enact legislation to combat illegal immigration [JURIST news archive]. US District Judge James Munley [official profile] granted [JURIST report] a temporary restraining order [text, PDF] in November precluding enforcement of the Illegal Immigration Relief Act [text, PDF] and Landlord Tenant Ordinance [text, PDF] pending the outcome of the case.

Hazleton Mayor Lou Barletta [official website] says the laws passed in July are an appropriate response to illegal immigration, while numerous community groups, business owners, and advocacy groups including the Pennsylvania chapter [advocacy website] of the American Civil Liberties Union (ACLU) [advocacy website] and Puerto Rican Legal Defense and Education Fund [advocacy website; case materials] maintain that the measures are illegal. AP has more.

[JURIST] An appeals court in Egypt [JURIST news archive] has affirmed the four-year prison sentence imposed on Egyptian blogger Abdel Kareem Nabil [advocacy website; HRinfo backgrounder] at a hearing Monday, according to court officials speaking to AP on condition of anonymity. A lower court in Alexandria initially imposed the sentence [JURIST report] against Nabil in February on charges of inciting sedition, insulting Islam and Egyptian President Hosni Mubarak [official profile], and harming national unity in remarks posted on his Internet blog [website, in Arabic] attacking conservative Muslims. Nabil filed an appeal [JURIST report] on February 26, prompting Monday's hearing. Nabil pleaded not guilty to all charges and originally faced a maximum of nine years in prison [JURIST report].

Several rights groups, including the Arabic Network for Human Rights Information (HRinfo) [advocacy website], have denounced [press release] Nabil's conviction as an affront to freedom of expression in Egypt. AP has more.

[JURIST] Only one in five US federal agencies actually complies with the Electronic Freedom of Information Act Amendments (E-FOIA) [HR 3802 summary], according to a report [PDF text, press release] released Monday by the National Security Archive [official website]. The E-FOIA amendments, which took effect in 1997, require federal agencies to post key records online, provide citizens with detailed guidance on making information requests and use new information technology to publish information proactively. The survey reviewed 149 federal agency and component websites and found widespread failure. Among the key findings are that just 21 percent of federal agencies and components fully follow the E-FOIA amendments and post all of the required categories of documents online; only one in three agencies provide the required indexes and guides to agency records; and many agency websites are poorly organized and difficult to navigate.

The National Security Archive cited NASA and the US Department of Education as examples of excellent FOIA websites and the Air Force, Immigration and Customs Enforcement and the US Department of Veterans Affairs [official websites] as delinquent websites. AP has more.

[JURIST] Several high-ranking Democratic senators have called for the resignation of US Attorney General Alberto Gonzales [official profile] in the wake of revelations [JURIST report] in an official audit that the FBI broke and misused laws in the process of obtaining personal information from telephone companies, Internet service providers, banks, and credit bureaus under the terms of the Patriot Act. Prior to Friday's release of the Department of Justice Inspector General's report [text, PDF] Gonzales was already under pressure in connection with publicized dismissals of several US Attorneys that may have been politically motivated [JURIST report].

In an interview [transcript, PDF; recorded video] on CBS' Face the Nation, Sen. Charles Schumer (D-NY) [official website] said Sunday:

the Justice Department is different than any other department. In every other department, the Cabinet--chief Cabinet officer is supposed to follow the president's orders, requests without exception. But the Justice Department has a higher responsibility, rule of law and the Constitution. And Attorney General Gonzalez, in his department, has been even more political than his predecessor, Attorney General Ashcroft. Attorney General Gonzalez is a nice man, but he either doesn't accept or doesn't understand that he is no longer just the president's lawyer, but has a higher obligation to the rule of law and the Constitution even when the president should not want it to be so. And so this department has been so political that I think, for the sake of the nation, Attorney General Gonzalez should step down....

What we found in--in the Justice Department over and over again is a lack of respect for the rule of law, a lack of respect for balance of powers. There's a view that the executives should be almost without check. And that is so wrong, and that's one of the reasons I think we need at change at the top in the Justice Department.

I think Gonzales has lost the confidence of the vast majority of the American people. I think it goes all the way back to the torture memos, when we gave him the benefit of the doubt, straight through to the firing of these U.S. attorneys and until recently insisting that they could, in fact, under a law -- a little-known provision in the law -- allow them to replace attorneys general.

I think it's an abuse of power. And I think he's lost the confidence of the American people. I think he's lost the confidence of many in the United States Congress. And, obviously, it it's president's judgment to say whether he should stay or not, but I think he's lost the confidence of the Congress.

[JURIST] Lawyers in Uganda [JURIST news archive] began a three-day strike Monday in response to the March 1 siege of the Ugandan High Court [Reuters report]. The 830 members of the Uganda Law Society (ULA) [group website] voted last week [JURIST report] to protest the incident, in which state security agents surrounded the courthouse, rearrested six defendants who had previously been granted bail, and beat the defendants' lawyer unconscious. Ugandan judges went on strike [JURIST report] last week to protest the siege but agreed to call off the strike [JURIST report] Friday after Ugandan President Yoweri Museveni [BBC profile] promised to implement more transparent procedures for making arrests [JURIST report] and wrote a letter to the judiciary, expressing regret for the siege.

The six defendants arrested in the March 1 court siege were charged with being members of the People's Redemption Army (PRA) [Wikipedia backgrounder] and plotting a rebellion with opposition leader Kizza Besigye [BBC profile]. Besigye pleaded not guilty [JURIST report] last April to treason charges. DPA has more.

[JURIST] Twenty Pakistani lawyers were injured by riot police Monday as protests [JURIST report] against last week's suspension [JURIST report] of Chief Justice Iftikhar Muhammad Chaudhry [profile] continued. More than 3,000 lawyers gathered outside the Lahore High Court [official website] building and attempted a sit-in on the main street passing by the courthouse. Police used batons to break up the crowd and caused multiple injuries to lawyers, including Senator Latif Khosa of the opposition Pakistan People's Party [party website]. Organized protests also took place outside city and local courts across the country, according to Pakistan Supreme Court Bar Association president Munir Malik.

Chaudhry's suspension by Pakistani President Pervez Musharraf [official website; BBC profile] has been condemned by lawyers as an attack on the judiciary's independence. Musharraf contends that Chaudhry was abusing his position and Pakistan's Supreme Judicial Council will hear the case against him Tuesday. Until then, Chaudhry has been confined to his home and is prohibited from speaking to reporters, although the government denies that he is actually under house arrest. AFP has more.

[JURIST] A UN Human Rights Council (UNHRC) [official website] investigative team released a report [text] Monday saying the citizens of Darfur [JURIST news archive] need immediate protection against war crimes, blaming the government of Sudan for many of the atrocities taking place there. Nobel peace prize laureate Jody Williams [official profile] led the group that tried to enter Sudan over a 20-day period last month, but was turned away [JURIST report] repeatedly by the Sudanese government. Their report said:

The needs identified by the Mission include immediate, effective protection of civilians, renewed progress toward peace, expanded humanitarian space, increased accountability for perpetrators, action to address root causes, meaningful compensation and redress for victims, and concerted efforts to implement the many existing recommendations of authoritative international human rights bodies. The Mission further concludes that the Government of the Sudan has manifestly failed to protect the population of Darfur from large-scale international crimes, and has itself orchestrated and participated in these crimes. As such, the solemn obligation of the international community to exercise its responsibility to protect has become evident and urgent.

[JURIST] China plans to gradually lessen the number of executions it carries out while still keeping the death penalty [JURIST news archive], according to a statement released Sunday by China's Supreme People's Court, Ministry of Justice, Ministry of Public Security [official websites], and China's lead prosecutor. The statement indicated that China cannot entirely abolish the death penalty, but noted that if the possibility exists that a convicted individual did not commit the crime, then that person should not be executed. The legal groups also condemned confessions through torture [JURIST report] and said police must instead gather evidence according to the law.

China, which executes more prisoners than any other country [JURIST report] in the world, revised its death penalty laws [JURIST report] last year, mandating the Supreme People's Court to review any death sentences handed down. The country has been under pressure to take a closer look at its policies after China's deputy chief prosecutor revealed that almost every wrongful conviction in recent years has been the result of torture [JURIST report] and intensive interrogation techniques. AP has more. Xinhua has local coverage.