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Legal news from Friday, January 30, 2009 |
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Obama signs pro-labor executive orders
Devin Montgomery on January 30, 2009 4:29 PM ET

[JURIST] US President Barack Obama [JURIST news archive] Friday issued three executive orders favoring organized labor and departing from the pro-employer labor policies of the previous Bush administration. Notification of employee rights under federal labor law [PDF text] requires employers working under government contracts to clearly notify employees of their rights under the National Labor Relations Act [text]. The order says that it is "designed to promote economy and efficiency in Government procurement": When the Federal Government contracts for goods or services, it has a proprietary interest in ensuring that those contracts will be performed by contractors whose work will not be interrupted by labor unrest. The attainment of industrial peace is most easily achieved and workers' productivity is enhanced when workers are well informed of their rights under Federal labor laws, including the National Labor Relations Act (Act), 29 U.S.C. 151 et seq. As the Act recognizes, "encouraging the practice and procedure of collective bargaining and . . . protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection" will "eliminate the causes of certain substantial obstructions to the free flow of commerce" and "mitigate and eliminate these obstructions when they have occurred." The second order, Economy in government contracting [PDF text] prohibits government contractors from assigning costs associated with dissuading employees from participating in collective bargaining agreements to the government contract. The order does allow expenses for employee-generated publications on collective bargaining to be assigned to the contracts.
The third order, Nondisplacement of qualified workers under service contracts [PDF text] requires government contractors who take over a service contract from an existing provider to retain qualified employees of the previous provider. The order justifies the policy, saying that it will provide for the effective execution of the contracts: A carryover work force reduces disruption to the delivery of services during the period of transition between contractors and provides the Federal Government the benefits of an experienced and trained work force that is familiar with the Federal Government's personnel, facilities, and requirements. The orders were issued [remarks transcript] in conjunction with the establishment of a Middle Class Task Force [official website] led by Vice President Joe Biden.


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Rights group urges Myanmar to end persecution of Muslim minority
Jaclyn Belczyk on January 30, 2009 4:01 PM ET

[JURIST] The government of Myanmar [JURIST news archive] must stop systematically persecuting the Rohingya Muslim minority [BBC profile], and neighboring states should offer assistance to refugees, according to an open letter [text, PDF] sent Friday by Amnesty International (AI) [advocacy website]. In a letter to the governments of Bangladesh, India, Indonesia, Malaysia, Myanmar, and Thailand, AI called for Myanmar to end persection against the Rohingya minority, calling it the "root cause of the crisis." AI also called on surrounding states to fulfill their obligations under the UN International Convention on Maritime Search and Rescue (SAR), the International Convention for the Safety of Life at Sea (SOLAS) [IMO backgrounders], and the UN Convention on the Law of the Sea (UNCLOS) [text], by offering aid to Rohingyas who have fled Myanmar by sea. AI also called on all states to ratify the UN Convention relating to the Status of Refugees, its 1967 Protocol, and the UN Convention relating to the Status of Stateless Persons [texts].
Last month, the UN General Assembly [official website] adopted a resolution [press release; JURIST report] criticizing human rights violations in Myanmar. In June, The UN Human Rights Council (UNHRC) [official website] criticized the government of Myanmar [JURIST report] for its continued human rights abuses and refusal to cooperate with humanitarian groups. The resolution called on the Myanmar government to free political prisoners, stop recruiting child soldiers, and to implement earlier UNHRC resolutions [S-5/1 text, PDF] regarding the country's human rights situation. The UNHRC passed a similar resolution [press release; JURIST report] in March condemning the Myanmar government for continuous abuses of human rights and fundamental freedoms.


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Spain may legislate to limit universal jurisdiction: Israel foreign minister
Tere Miller-Sporrer on January 30, 2009 12:21 PM ET

[JURIST] Spanish foreign minister Miguel Moratinos [official profile] has said he will push for legislation limiting the country's universal jurisdiction [AI backgrounder] policies to prevent the investigation of Israeli officials, according to Friday statements [Ynet report] by Israeli foreign minister Tzipi Livni [official profile]. The pledge follows a decision by Spanish judge Fernando Andreu [JURIST news archive] to issue an order [PDF text, in Spanish] opening an investigation into alleged crimes against humanity committed in a 2002 Israeli attack in the Gaza Strip [El Pais report, in Spanish; JURIST report]. Spanish vice-president Maria Teresa Fernandez de la Vega [official profile, in Spanish; Euroresidents profile] also said Friday, however, that the country's courts are independent of politics, and the office of the Minister of Foreign Affairs and Cooperation [official website] has yet to make any official announcement confirming Moratinos' comment. Israel is cooperating with the investigation, and recently turned over documents relating to the 2002 attack [El Pais report].
The investigation concerns the 2002 bombing of former Hamas leader Salah Shehadeh's home in Gaza City that killed 15 people [NYT report], including Shehadeh and his family. Israel has heavily criticized [Haaretz report] Article 23.4 [UN backgrounder] of the Judicial Power Organization Act, which allows Spanish courts to prosecute people outside of Spain for war crimes, even when no Spanish citizens are involved. Spanish courts have attempted to use the principle of universal jurisdiction in several other international cases, including allegations of war crimes and genocide in Rwanda, Tibet, Guatemala, Chile, and China [JURIST reports].


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Castro presses Guantanamo return to Cuba
Ximena Marinero on January 30, 2009 10:05 AM ET

[JURIST] Former Cuban president Fidel Castro [BBC profile] on Thursday called [op-ed text, in Spanish] on US President Barack Obama [official website] to turn over control of the Guantanamo Bay [JURIST news archive] military base to Cuba once the detention facility there is closed. In an op-ed published in the online newspaper CubaDebate [media website], Castro wrote that continuing to hold the base would be a violation of international law. Castro scoffed at Obama's pledge to return the base to the country after it instituted a democratic government, and said the move should be made unconditionally. He also criticized the new administration's support of Israel [WH materials], suggesting that the United States' support for Israel's treatment of the Palestinians further illustrates the country's arrogance.
The tone of Castro's article departs from that which he used in a January 22 statement [text, in Spanish], when he expressed his approval of the new president, while maintaining caution in waiting to see how Obama would address the "insoluble antagonist contradictions of the system." Following Obama's executive order [text; JURIST report] last week that Guantanamo be closed, world leaders hailed the news [JURIST report], but Cuban Foreign Minister Felipe Roque issued a call to the US to return Guantanamo completely to the Cuban people.


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Rights group accuses Cameroon government of human rights abuses
Christian Ehret on January 30, 2009 8:04 AM ET

[JURIST] The Cameroon [BBC profile; JURIST news archive] government has participated in and encouraged unlawful executions, torture, and other human rights violations [press release] of political dissenters, according to an Amnesty International (AI) [advocacy website] report [text, PDF; abstract] released Thursday. The report alleges that such violations have been taking place for more than 10 years and may increase with the current global economic crisis and continued political unrest. According to the report, the actions by many governmental officials violate national law as well as the International Convention on Civil and Political Rights (ICCPR) [text]. The report includes examples of unlawful detentions and executions, threats against free speech, harsh prison conditions, torture, and persecution. AI alleges that much of the violence stems from government suppression of political opposition and is largely aimed at journalists, politicians and human rights advocates. The report encourages foreign embassies in Cameroon to support the work of local advocates and journalists and also includes an appeal to the Cameroonian government: to take all necessary political and legal measures, as well as to provide resources to promote and protect human rights, including by bringing an end to the widespread and persistent impunity enjoyed by the security forces and government officials. Last year, protests broke out [AFP report] across Cameroon over rising fuel prices, increased living expenses, and a proposed modification of presidential term limits that would allow President Paul Biya [official profile] to continue his lengthy stay in office. Protesters were met with violent suppression by security forces that resulted in as many as 100 deaths, according to AI. In July, AI released a statement condemning the use of lethal force [text, PDF] by prison guards and other security officers in response to the killings of at least seventeen prisoners and the violent suppression of protesters.


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