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Legal news from Sunday, November 18, 2012




ASEAN adopts human rights declaration
Matthew Pomy on November 18, 2012 2:15 PM ET

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[JURIST] The Association of Southeast Asian Nations (ASEAN) [official website] adopted its first ever Human Rights Declaration [text, PDF] at their annual summit on Sunday. The agreement has been widely criticized [UN News report] by human rights groups who expressed concern that the agreement allows for violations and does not do enough to protect fundamental rights. Thailand's Prime Minister Yingluck Shinawatra praised [Bankok Post report] the resolution as an important step in the human rights process. Director General for ASEAN Cooperation at the Foreign Ministry I Gusti Agung Wesaka Puja also defended the declaration as a starting place to strengthen human rights protections, noting that it was not easy to garner a consensus from all 10 member nations on such an issue.

ASEAN has long worked to reform countries in Southeast Asia, a region that is often criticized for human rights violations. UN rights experts expressed concerns [JURIST report] with the human rights agreement earlier this week. In April ASEAN agreed at its annual summit to strive to strengthen human rights protections [JURIST reoprt] for its member states [ASEAN info page]. In 2009 it established [JURIST report] its first human rights commission, the Intergovernmental Commission on Human Rights, to offer human rights education and device for government agencies, develop regional norms, collect information from member states and perform other tasks to promote adoption of higher human rights standards in its member nations. The commission was created during Thailand's chairmanship [JURIST report] of ASEAN that year and determination of the commission's potential powers caused controversy within the organization.




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UN Security Council condemns guerrilla attacks in the DRC
Matthew Pomy on November 18, 2012 1:33 PM ET

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[JURIST] In an emergency meeting on Saturday, the UN Security Council [official website] condemned [press release] a series of guerrilla attacks by M23 rebel group in the Democratic Republic of the Congo (DRC). This came after the most recent attack by the group in the eastern region of the DRC as they advance to Goma. The Security Council called for an end to all support for the rebel group and for M23 to end their attacks. In addition, the Security Council also demanded the M23 allow humanitarian aid to those displaced by the violence. There have been 4,000 more internally displaced persons since the outbreak of the current fighting [UN News report]. This adds to the existing 80,000 already displaced in the region.

The violence and unrest in the eastern part of the DRC has been a focus of the international community. Earlier this week, a UN rights body released a report [JURIST report] that confirmed the arbitrary executions of at least 264 civilians. Last month Ugandan officials denied [JURIST report] UN Security Council allegations that Uganda had helped assisting M23 rebels with troops and supplies in the DRC. Similarly in August, the International Criminal Court (ICC) [official website] received requests [JURIST report] to investigate Rwandan President Paul Kagame [official profile] for allegedly backing armed rebels in the DRC. In the same month, the UN Security Council reiterated their condemnation [JURIST report] of M23, demanding foreign entities cease aid to the rebel group.




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Group of US lawmakers urges DOJ to respect state marijuana laws
Max Slater on November 18, 2012 11:07 AM ET

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[JURIST] Several members of the US House of Representatives [official website] sent a letter [text, PDF] to the US Department of Justice (DOJ) on Friday urging the federal government to respect recently passed state legislation on marijuana use. The representatives asked the DOJ and its subdivision, the Drug Enforcement Agency (DEA) [official websites] to refrain from prosecuting individuals and businesses in Colorado and Washington for using small amounts of marijuana after both states legalized marijuana two weeks ago [JURIST report]. The letter, signed by seventeen members of Congress, urges Attorney General Eric Holder and DEA Administrator Michele M. Leonhart [official profiles] to recognize that voters in Washington and Colorado clearly indicated that they want marijuana decriminalized and that the federal government should not infringe upon the will of voters. The letter contends that Washington and Colorado's newly passed laws not only promote sound public policy, but also comport with the goals of federal drug laws:
[Washington and Colorado] have chosen to move from a drug policy that spends millions of dollars turning ordinary Americans into criminals toward one that will tightly regulate the use of marijuana while raising tax revenue to support cash-strapped state and local governments. We believe this approach embraces the goals of existing federal marijuana law: to stop international trafficking, deter domestic organized criminal organizations, stop violence associated with the drug trade and protect children.
It is unclear to what extent the DOJ and DEA will enforce federal marijuana laws against individuals in states that have approved the use of marijuana.

Marijuana [JURIST news archive] was a hot-button issue in several states in the November 6 election. In Washington voters approved an initiative [Initiative 502, PDF] to allow the possession and distribution of marijuana through a state-licensing system of marijuana growers, processors and stores, where adults can buy up to an ounce. The Colorado initiative [Amendment 64, PDF] actually introduces an amendment to the state constitution, allowing adults over 21 to possess up to an ounce and to privately grow up to six plants, although public use will be banned. In Oregon the Cannabis Tax Act Initiative [Measure 80, PDF] failed by approximately 55-to-45 percent [Examiner.com report] of the vote. Medical marijuana was legalized in Massachusetts for the first time as over 60 percent of voters approved Question 3 [Petition 11-11, PDF], an indirect initiated statute that will allow marijuana use by patients [Harvard Crimson report] with "debilitating medical conditions" and create 35 medical marijuana dispensaries. Conversely, the Arkansas Medical Marijuana Act [Issue 5, PDF] was rejected by voters [AP report] in that state by approximately a 52-to-48 percent margin. The measure would have allowed doctors to issue a certificate to anyone with a "qualifying medical condition" to grow, process and use marijuana. Also on the ballot in Montana is a veto referendum regarding a 2011 revision [SB 423] of a 2004 law that established medical marijuana use in the state.




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HRW accuses Myanmar military of supporting anti-Muslim violence
Max Slater on November 18, 2012 10:14 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Saturday accused Myanmar's government and security forces [press release] of being complicit in attacks on Rohingya Muslims in October that forced 35,000 people from their homes. Based on satellite imagery of Muslim communities in Myanmar's Arakan State, HRW claimed that in some cases, Myanmar soldiers destroyed Rohingya homes and committed violence against civilians. In the press release, HRW Asia Director Brad Adams [official profile] chastised Myanmar's government for claiming to respect human rights while simultaneously condoning ethnic and religious violence:
The satellite images and eyewitness accounts reveal that local mobs at times with official support sought to finish the job of removing Rohingya from these areas. The central government's failure to take serious action to ensure accountability for the...violence fostered impunity, and makes it responsible for later attacks not only when security forces were directly involved but also when they weren’t.
US President Barack Obama [official profile] is scheduled to visit Myanmar on Monday. HRW has urged Obama [AP report] to threaten sanctions against Myanmar unless the government stops its attacks on Rohingya.

Concern over Myanmar's human rights record has been growing recently. Earlier this week Myanmar announced [JURIST report] that it would free 452 prisoners ahead of Obama's visit. However, human rights groups expressed disappointment [AP report] that the government has not freed any of the estimated 330 political prisoners in Myanmar. Last month HRW urged Myanmar's government to do more to end sectarian violence [JURIST report] between the Rakhine Buddhists and Rohingya Muslims. In August Physicians for Human Rights reported that Myanmar's army is still committing human rights abuses [JURIST report] against ethnic minorities in Karen state. Earlier that month HRW accused [JURIST report] Myanmar security forces of human rights abuses against a minority religious community. In July UN High Commissioner for Human Rights Navi Pillay also expressed concern [JURIST report] about both the continued violence in Myanmar and the country's human rights abuses committed in dealing with it.




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