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Legal news from Sunday, January 15, 2012




Bahrain king announces constitutional reforms
Julia Zebley on January 15, 2012 12:23 PM ET

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[JURIST] In a speech [transcript] on Sunday, Bahraini King Hamad bin Isa Al Khalifa [official profile] promised to amend the nation's constitution [text] to allow the National Assembly [official profile] more oversight of ministers and cabinet members. If passed, the amendments would allow both houses of the National Assembly to monitor one another, as well as minister and cabinet appointments, whereas before this was the sole province of the King and Prime Minister. The speech also suggested new economic powers for the National Assembly, designed to allow the bodies to pass emergency budgets expediently. Al Khalifa did not explicitly reference any of the recent protests in Bahrain, instead commending his country's commitment to democracy and asking that dissenters pursue lawful solutions:
We cannot fail at this point to emphasize that democracy is not just literature, or constitutional and legislative provisions. Democracy is a culture and practice, commitment to the rule of law, respect for the international principles of human rights, coupled with serious national political action that represents all spectrums of society without exclusion or quotas. In parallel with this crucial step that we take today, we call for other important steps to be made to reinforce the democratic culture and practice on the land of our beloved country. Furthermore, we call upon all segments of society—the community and the family—to work together to ensure that our young people respect the law. This is a responsibility that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love.
Although several officials praised the speech [BNA report] and reforms, others were less impressed. Opposition group Al Wefaq [advocacy website, in Arabic] rejected [press release, in Arabic] the proposed reforms, stating that the government is continuing to ignore the will of the people and will only increase the tension and violence in the nation. The amendments were referred to the Shura council [BNA report] later on Sunday.

Protests and demonstrations in Bahrain [BBC backgrounder] have been ongoing since February 2011 [JURIST report]. Earlier this month, a Bahraini court on overturned the death sentences for two protesters convicted of killing two police officers during the demonstrations that took place in the country last year. The original conviction [JURIST report] was rendered by a special security court set up as part of the emergency law in place while the country's Sunni rulers attempted to silence a Shiite-led to effort bolster civil and political rights in the country. In December, UN High Commissioner for Human Rights Navi Pillay said that the Bahrain government should release prisoners detained during peaceful protests [JURIST report] and focus on rebuilding national trust in the government. Pillay's statement followed a visit by a team of human rights officials to Bahrain at the invitation of the Bahrain government. In November, Al Khalifa ordered a special commission [JURIST report] to look into government recommendations made in a report by an independent Bahraini government commission. The report stated that Bahrain authorities used excessive force [JURIST report] and tortured detainees involved in the pro-democracy demonstrations earlier this year. Also in November, the Bahrain government admitted the use of excessive force [JURIST report] in anticipation of the independent report.




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UN Secretary General demands end to violence in Syria
Matthew Pomy on January 15, 2012 11:49 AM ET

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[JURIST] In a statement at a conference on democracy in the Arab world Sunday, UN Secretary General Ban Ki-Moon [official profile] demanded that Syrian President Bashar al-Assad [BBC backgrounder] end the violence against the Syrian people. In his speech, Ban indicated that it is time for Assad to usher in democracy [SkyNews report] and recognize that the days of one-man rule and perpetual family dynasties are ending. Ban encouraged all Arab nations to embrace real reform [AP report] and democracy, including respecting the role of women and the youth in society. In his statement Ban acknowledged that the path to democracy may be difficult, but indicated that Arab nations must move forward in their democratic efforts. Ban's remarks addressing the situation in Syria came as Assad released a statement [SANA report] granting amnesty for crimes including peaceful demonstration, carrying or possessing unlicensed firearms, and evasion of military service, which occurred between March 15, 2011 and January 15, 2012.

Earlier this month, as part of an agreement with the Arab League [official website, in Arabic], Syria released [JURIST report] more than 500 prisoners. Last month, Ban condemned [JURIST report] leaders of the Syrian government and violent protesters for the continuous bloodshed within the country. Also last month, Human Rights Watch (HRW) [advocacy website] issued a report [JURIST report] alleging that Syrian army commanders and officials have ordered troops to attack unarmed protesters as part of an effort to stop public demonstrations. The violence in Syria has also been condemned by the UN Human Rights Council, the UN General Assembly's Human Rights Committee and the Arab League [JURIST reports]. The UN Office of the High Commissioner for Human Rights [official website] reports that more than 5,000 people have died since anti-government protests began last March.




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Two business groups challenge Obama's recess appointments
Julia Zebley on January 15, 2012 11:28 AM ET

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[JURIST] Two business advocacy groups filed motions [press release] in the US District Court for the District of Columbia [official website] on Friday, contesting the constitutionality of US President Barack Obama's [official website] recent recess appointments [JURIST report]. The National Right to Work Foundation (NRWF) and the National Federation of Independent Business (NFIB) [advocacy websites] contend that the recess appointments are not constitutional as the Senate was technically in a pro forma session, thus providing no recess during which Obama could make appointments. The motions were filed in relation to the groups' ongoing suit challenging the National Labor Relations Board (NLRB) [official website] mandate that rights to unionize [JURIST report] be posted in all workplaces. In a press release, the NFIB also stated that they have amended their complaint [text] to include new charges that the NLRB cannot function to enforce new rules, in part due to Obama's recess appointments:
The President's action was a surprise and terrible disappointment to small-business owners throughout the country who have suffered under the unabashedly pro-union rule-makings handed down by the NLRB. These alleged recess appointments are a brazen circumvention of the Congressional appointment process and raise serious legal concerns that cannot be ignored. The outrage amongst members of the small-business community is severe, and NFIB takes this action today to ensure that its members are protected from unconstitutional acts that exacerbate the NLRB's devolution from a neutral arbiter between labor and employers to a pro-union government agency.
Earlier this month, Obama used recess appointments to install Richard Cordray [WP backgrounder] as director of the Consumer Finance Protection Bureau [official website] and appointed [press release] Sharon Block, Terence F. Flynn and Richard F. Griffin as new board members for the NLRB.

The US Department of Justice (DOJ) [official website] defended the use of recess appointments [CRS backgrounder, PDF] by Obama immediately after his announcement. The Recess Appointment Clause [Constitution, Article II, § 2 text] gives the president the "power to fill up all vacancies that may happen during the recess of the Senate." The DOJ's memo argues that although the Senate met between January 3 and 23, the sessions were not sufficient to constitute an interruption of a recess under the Recess Appointment Clause because they were only pro forma sessions that lasted less than a minute and there was no intent to conduct any business. Some experts argue that recess appointments have regularly been used by presidents [JURIST op-ed] since George Washington. It is only a relatively recent practice that obstructionists have begun holding perfunctory pro forma sessions every three days while the Senate is on recess in order to block recess appointments.




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Canada to change marriage law to legally recognize all non-resident same-sex marriages
Matthew Pomy on January 15, 2012 10:57 AM ET

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[JURIST] Canadian Justice Minister Rob Nicholson [official profile], amid a growing controversy over a previous declaration [JURIST report] that non-resident same-sex marriages [JURIST news archive] performed in Canada are not legal unless recognized by the participants' home countries, indicated Friday that the Canadian government considers all same-sex marriages performed in Canada to be legal, and that the Civil Marriage Act [text] will be altered to reflect the government's position. The controversy came to light when a non-resident lesbian couple who were wed in Toronto filed for divorce. They were told that they were not able to divorce because they were never legally married. Nicholson claimed the controversy over the law was due to a gap [Globe and Mail report] in the Civil Marriage Act which he says will be remedied to resolve the issue. According to Nicholson, the Act will be changed so that all marriages performed in Canada will be legally recognized in the country [Reuters report]. Nicholson also indicated that the government has no intention of reopening the debate on the definition of marriage. An estimated 5,000 foreign same-sex weddings have been performed in Canada since 2003, when the first Canadian provinces began allowing same-sex marriage.

Although same-sex marriage is recognized across Canada, various provinces have interpreted rights in different ways. In October, a judge for the Queen's Court Bench of Alberta [official website] granted custody [JURIST report] of a child to a non-biological father who was an ex-partner of the biological father. In January, the Saskatchewan Court of Appeals [official website] ruled [JURIST report] that refusal by provincial marriage commissioners to marry same-sex couples is unconstitutional and thereby invalidated a proposed amendment to Saskatchewan's Marriage Act of 1995 that would have allowed the commissioners to refuse to marry same-sex couples based on their religious beliefs. Canada legalized same-sex [JURIST report] marriage in 2005 with the passage of the Civil Marriage Act.




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