[JURIST] The Swedish Parliament [official website, in Swedish] on Thursday voted 131-130 to approve a resolution [text, in Swedish] that recognizes the Ottoman Empire's killing of Armenians between 1915 and 1923 as genocide [JURIST news archive]. Of the 349 assembly members, 88 were absent [AP report]. The resolution was opposed by the ruling center-right coalition and supported by the opposition left. It passed when several members of the ruling party sided with the opposition. The Turkish government has condemned the resolution, recalling its ambassador to Sweden [Reuters report].

The vote comes only a week after the US House of Representatives Committee on Foreign Affairs [official website] voted 23-22 to adopt [JURIST report] a resolution [H Res 252 text] labeling the killings as genocide. The US government has indicated that it will seek to block the resolution [JURIST report] from being put before the full House of Representatives. A similar resolution was passed by the committee in 2007, but it never reached the House floor [JURIST reports].

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Thursday that a teacher-led recitation of the Pledge of Allegiance in public schools does not violate the constitution. Sacramento atheist Michael Newdow [JURIST news archive] had challenged the practice on behalf of several families, arguing that the phrase "under God" violated the Establishment Clause of the First Amendment [text]. In reversing a lower court decision [JURIST report] that had ruled in Newdow's favor, the appeals court ruled 2-1:

that the Pledge of Allegiance does not violate the Establishment Clause because Congress' ostensible and predominant purpose was to inspire patriotism and that the context of the Pledge - its wording as a whole, the preamble to the statute, and this nation's history—demonstrate that it is a predominantly patriotic exercise. For these reasons, the phrase "one Nation under God" does not turn this patriotic exercise into a religious activity.

Accordingly, we hold that California's statute requiring school districts to begin the school day with an "appropriate patriotic exercise" does not violate the Establishment Clause even though it permits teachers to lead students in recitation
of the Pledge.

[JURIST] The US House of Representatives [official website] voted [H Res 1031 materials] Thursday to impeach federal judge Thomas Porteous [official profile] of the US District Court for the Eastern District of Louisiana [official website]. The case will now proceed to the US Senate [official website] where a two-thirds majority is required to convict Porteous of committing high crimes and misdemeanors while in office, specifically perjury and accepting bribes from lawyers. The investigation of Porteous was opened [JURIST report] by the US House Judiciary Committee [official website] in 2008. The committee unanimously approved a resolution creating a task force to conduct the inquiry, which was the first of a sitting federal judge in nearly 20 years.

After an investigation [report text, PDF] by a special committee, the Judicial Conference found "substantial evidence" that Porteous had signed false financial disclosure forms, falsified statements in a personal bankruptcy proceeding, made false representations to secure a bank loan, and violated criminal laws and ethical rules [texts] by soliciting and receiving "cash and other things of value" from lawyers in a bench trial over which he was presiding. Porteous's decision in that case, In re Liljeberg enters v. Lifemark Hospitals, was later partially reversed [opinion text] by the US Court of Appeals for the Fifth Circuit [official website], which last week publicly reprimanded Porteous [text, PDF]. The US Constitution gives the House the power to impeach [academic backgrounder] "all civil Officers of the United States" on suspicion of "high Crimes and Misdemeanors." Thirteen federal judges have been impeached [FJC backgrounder], of which seven have been convicted.

[JURIST] The US State Department (DOS) [official website] on Thursday released its 2009 Country Reports on Human Rights Practices [materials]. Announcing the release [video; statement text], Secretary of State Hillary Clinton said that the US has recommitted "to continue the hard work of making human rights a human reality." In its introduction [text] to the reports, which covered 194 countries, the DOS noted that human rights violations have continued throughout the world, noting several global trends:

In 2009, governments across the globe continued to commit serious violations of human rights. As we survey the world, there still are an alarming number of reports of torture, extrajudicial killings, and other violations of universal human rights. Often these violations relating to the integrity of the person are in countries where conflicts are occurring. These violent attacks are a central concern wherever they take place.

In a significant number of countries, governments have imposed new and often draconian restrictions on NGOs. Since 2008, no fewer than 25 governments have imposed new restrictions on the ability of these organizations to register, to operate freely, or to receive foreign funding, adversely impacting freedom of association. In many countries, human rights defenders are singled out for particularly harsh treatment, and in the most egregious cases, they are imprisoned or even attacked or killed in reaction to their advocacy.

These restrictions and repressive measures are part of a larger pattern of governmental efforts to control dissenting or critical voices. This pattern also extends to the media and to new forms of electronic communications through the Internet and other new technologies. Restrictions on freedom of expression, including on members of the media, are increasing and becoming more severe. In many cases, such restrictions are applied subtly by autocrats aiming to avoid attention from human rights groups and donor countries, such as through the threat of criminal penalties and administrative or economic obstacles, rather than through violence or imprisonment; the end result is still a chilling effect on freedom of expression.

A third trend we observed is the continuing and escalating discrimination and persecution of members of vulnerable groups – often racial, religious, or ethnic minorities, but also women, members of indigenous communities, children, persons with disabilities, and other vulnerable groups that lack the political power in their societies to defend their own interests.

[JURIST] A group of delegates from the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) [official websites] concluded a meeting [press release] in Moscow Wednesday over Russian claims of war crimes committed by Georgia during the South Ossetia conflict [BBC backgrounder; JURIST news archive] in August 2008. The meeting, which was not attended by chief prosecutor Luis Moreno-Ocampo [official profile], was held at the invitation of the Russian Federation and was based on Moreno-Ocampo's announcement [JURIST report] of a preliminary investigation at the time of the conflict. Officials from the OTP meet with members of the Russian Ministry of Foreign Affairs, the Ministry of Defense, the Office of the Prosecutor General, and Investigative Committee of the Russian Federation [official websites, in Russian], where the OTP was presented with the progress of Russia's national judicial proceedings related to the alleged war crimes. Moreno-Ocampo expressed his full support for honest proceedings on the allegations, and said his office has "offered to support in every possible way efforts by the Russian judiciary to do justice for all victims of these crimes." A similar visit to Georgia is to take place later this year.

The South Ossetia conflict lasted for five days in August 2008 when Georgia tried to take control of its breakaway region, and Russian troops defended the region, entering Georgia. According to a report [materials; JURIST report] released by the Independent International Fact-Finding Mission on the Conflict in Georgia (IIFFMCG) [official website] in October, Georgia violated international law when it shelled the South Ossetian capital of Tskhinvali in August 2008. The IIFFMCG also found that military action against Russian forces was not justified because the commission could not substantiate Georgian claims of a large-scale Russian military presence in the region prior to the Georgian offensive. In August, Russian President Dmitry Medvedev [official website, in Russian] proposed a bill in response to the conflict that would allow the Russian army to intervene beyond its borders [JURIST report] to protect Russian citizens abroad. In February 2008, the US State Department released its annual country reports on human rights [JURIST report], accusing both Russia and Georgia [text] of violations during the conflict. Georgia and Russia [JURIST reports] are currently exchanging allegations of war crimes in the ICC and the International Court of Justice (ICJ) [official website].

[JURIST] UN Secretary-General Ban Ki-moon [official website] said [press release] Wednesday that recently announced election laws [JURIST report] in Myanmar [JURIST news archive] do not meet international standards for an inclusive political process, in particular because they do not allow pro-democracy opposition leader Aung San Suu Kyi [BBC profile; JURIST news archive] to participate. Ban's statement was issued the same day the ruling military junta introduced [JURIST report] the Political Parties Registration Law, which prevents political prisoners from participating in the election and also makes it illegal for members of religious orders, insurgent groups, and foreigners to join political parties. Ban called on the Myanmar leaders to ensure that country's first election in 20 years is "fair, transparent and credible" and allows all of Myanmar's citizen's to be involved. The election law also drew criticism from the Human Rights Watch (HRW) [advocacy website], which said [press release] "[the new law] continues the sham political process that is aimed at creating the appearance of civilian rule with a military spine." Additionally, on Thursday the military junta nominated [DPA report] a 17-member commission to supervise the elections and invalidated the 1990 election, which brought Suu Kyi's National League for Democracy (NLD) [party website] to power.

On Monday, the military junta enacted [Al Jazeera report] five laws to govern the upcoming election and has been publicly announcing them one at a time in state-run newspapers. One of the most notable ramifications of the new laws is that Suu Kyi will be prevented from participating in the election unless she is released from prison. The new law would also prevent Suu Kyi from remaining as the head of the NLD if the party wishes to participate in the election. The NLD has not committed [AFP report] to taking part in the polls, claiming that the 2008 constitution is unfair because it bans Suu Kyi from taking part in the polls and reserves a quarter of parliamentary seats for the military. Suu Kyi, speaking through her lawyer, on Thursday called on [AFP report] the Myanmar people to give a unified response to what she called the unjust election law.

[JURIST] The Cambodian parliament [official website] passed a controversial anti-corruption bill Wednesday meant to further transparency in government while opposition parties staged a walkout, saying the new law would stifle criticism and foster corruption. The law will create a national anti-corruption council to oversee investigators, but critics have said that the lack of independence from the government is troubling. Members of the opposition Sam Rainsy Party (SRP) [party website] and foreign NGOs criticized [Phnom Penh Post report] the law because it could potentially punish whistle blowers with prison terms, and does not require government officials and their spouses to disclose their assets. The UN mission in Cambodia [official website] released a statement [text] tentatively supporting the bill but calling on the government to allow more time for public debate.

Transparency International (TI) [advocacy website] has criticized Cambodian corruption, and the country is ranked [TI corruption index] near the top of the list of most corrupt countries in the world. Last year, the UN cut off funding for the Extraordinary Chambers in the Courts of Cambodia [official website], a court set up to prosecute Khmer Rouge officials, after it was accused of corruption [JURIST report] through a kick-back scheme. The UN and Cambodian officials later failed to reach an agreement on a system to monitor corruption [JURIST report] and the court had to rely on international donations [JURIST report] to make up for the shortfall.

[JURIST] The Virginia General Assembly [official website] on Wednesday passed a bill [text, PDF] that will ban any federal mandate for individuals to have health insurance. The bill, called the Virginia Health Care Freedom Act, is the first of its kind [WP report] passed by any state, and says that no individual shall be held liable if they refuse to sign up for health care. Governor Robert McDonnell [official website] has said that he will sign [WTVR report] the bill into law. About 30 other states are working on a similar measure to negate [ALEC report] the widely expected federal mandate for health insurance.

Last month, President Barack Obama released his own health care proposal [JURIST report] that seeks to reconcile versions of the bill passed by the House and Senate [JURIST reports] last year. In December, 13 state attorney generals threatened to sue [JURIST report] unless a provision in the Senate bill exempting Nebraska from much of its health care costs was removed. Obama has argued that the legislation would overhaul private health insurance and provide affordable care for millions of Americans while Republicans have said they would block the bill [NYT report] because it was too expensive and would compel people to buy health insurance.