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Legal news from Monday, January 14, 2013




Russia denies petition to repeal US adoption ban
Sung Un Kim on January 14, 2013 2:07 PM ET

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[JURIST] The Russian State Duma [official website, in Russian] on Monday rejected a petition challenging a recently passed bill that would prohibit US citizens from adopting Russian children. The petition asked [RIA Novosti report] the government to lift the controversial ban. A Russian newspaper company, Novaya Gazeta [media website, in Russian] had collected more than 100,000 signatures via the Internet. However, the committee of parliament's lower house, after formal discussions, determined that the signatures lacked verification and thus, could not be given further consideration. Although the State Duma has to review petitions that are supported by 100,000 or more citizens, it is not required under the law to submit such petitions to the entire house for a vote.

A spokesperson for Russian President Vladimir Putin [official website, in Russian; JURIST news archive] had announced last week that Russia will delay [JURIST report] the enforcement of the controversial law until January 2014. The bill was signed into law by Putin in December after both the upper house of parliament, the Federation Council, and State Duma [JURIST reports] approved it. RAPSI, a legal information agency which operates in coordination with Russian courts, reports the Yakovlev initiative was adopted in retaliation [RAPSI report] for the US adoption of the Magnitsky Act [text], which imposes US travel and financial restrictions on human rights abusers in Russia. The bill was named for Sergei Magnitsky [BBC report], a Russian whistle-blower who was arrested on charges of tax fraud and later died in prison [JURIST report].




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UN voices concern over Myanmar refugee crisis
Peter Snyder on January 14, 2013 1:33 PM ET

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[JURIST] The UN Refugee Agency (UNHCR) [official website] reported [press release] Friday that more than 2,000 have fled growing violence in the northern Myanmar state of Rakhine and Bangladesh aboard boats operated by smugglers in the Bay of Bengal. The UN agency has voiced grave concern of the lives of the refugees who have boarded boats operating by smuggler rings. There is only speculation on the destination of the refugees, with UN expecting most to land in other parts of South-east Asia. Last year, according to the refugee agency, more than 13,000 people were transported by smugglers out of the Bay of Bengal, with 485 confirmed deaths in a number of boating accidents during the same period. The UNHCR fears that the refugee crisis may increase following strife in northern Myanmar which has displaced over 115,000 people within the state, with tens of thousands residing in refugee camps in neighboring Bangladesh. A UNHCR spokesperson urged regional nations to ensure humane treatment of the refugees and stated:
This growing boatpeople crisis calls for regional approaches and solutions. UNHCR encourages the government of Myanmar to intensify measures to address some of the main push factors...the lack of sustainable development and the resulting widespread poverty, the lack of rights for an important part of the population and recognition of the economic interdependence of all communities in Rakhine state.
The refugee population is predominantly Muslims from Rakhine state, many who fled to Bangladesh in the 1990's during similar periods of inter-communal violence.

Concern over Myanmar's human rights record has been growing recently, as the country has attempted to normalize relationship with the US. In October Human Rights Watch (HRW) [advocacy website] called for an end to the sectarian violence in Myanmar [JURIST report] between the Rakhine Buddhists and Rohingya Muslims, calling on the government to do more to end the violence and protect the rights of the Rohingya, whose civil rights were effectively taken away with their citizenship in 1982. 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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Philippines begins 150-day gun ban to prevent election violence
Benjamin Minegar on January 14, 2013 1:19 PM ET

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[JURIST] The Philippines on Sunday officially began a nationwide 150-day ban on the carrying of firearms in public areas in preparation for congressional and local elections slated for mid-May. Only top-officials, military and police entities will be exempt from the law's proscriptive scope, which punishes violators with up to a six-year jail term. According to media sources, the ban is predicated on a national desire for peaceful elections [AP report] in the wake of the nation's history of political violence, and in particular, an especially bloody 2009 clash in the southern Maguindanao Province [CSM backgrounder; JURIST news archive] that killed 58. Military and police contingents are charged with enforcing the law in nearly 800 cities across the nation, where sources allege that more than 60 private militias and 50 criminal gangs may seek to influence election results by way of intimidation and violence. The ban is part of national initiative led by President Benigno Aquino III [official website] that seeks to mitigate gun violence with more restrictive gun-ownership and possession laws. According to sources, 50 million Philippine citizens are expected to cast their vote in May for nearly 18,000 national and local political positions, including 300 seats in the Senate and the House of Representatives.

Philippine political clashes, and in particular, the events at Maguindanao have led to serious debate about gun violence in the nation. According to the Committee to Protect Journalists (CPJ), the 2009 Maguindanao massacre is the single deadliest event for the press [CPJ report] since the CPJ began keeping records of journalists deaths in 1992. In the last 20 years, at least 72 journalists have been killed for their work in the Philippines, making it the second deadliest country in the world for journalists behind Iraq. Litigation surrounding the Maguindanao massacre has been a source of contentious debate. In November 2012 Amnesty International urged [JURIST report] Philippine authorities to put a stop to the killings of Maguindanao massacre witnesses and their families. Earlier that month, the Philippines high court overturned [JURIST report] a year-old decision to allow for live broadcast of the trial, a rescission that was opposed by Aquino on the grounds that it could impede the transparency of the trial. In June 2011 the court also decided [JURIST report] to freeze $23 million in assets belonging to massacre suspects.




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HRW to Myanmar: drop charges against activists
Alison Sacriponte on January 14, 2013 12:39 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday called on authorities in Myanmar to drop charges against nine peaceful protesters [press release] who are facing criminal charges for demonstrating without a permit in Rangoon in September on International Peace Day. The demonstrators were calling for peace in Myanmar's war-torn Kachin State [HRW report, PDF; JURIST news archive]. According to HRW, the protesters have been repeatedly summoned to police stations and charged with violating section 18 of the 2011 Law Relating to Peaceful Assembly and Peaceful Procession [Article19 analysis, PDF], which requires a permit for demonstrations. HRW called on Myanmar to reform the peaceful assembly law. HRW deputy Asia director Phil Robertson stated:
The government's prosecution of peaceful demonstrators reveals troubling limits on Burma's respect for basic rights. Burma's leaders may be saying the right things at global forums and in bilateral talks, but their reform rhetoric rings hollow on the streets and in the fields where protesters assemble.
HRW stated that authorities have been using the Peaceful Assembly Law at their discretion to prosecute rather than protect individuals exercising their basic rights.

Concern over Myanmar's human rights record has been growing recently. In October HRW called for an end to the 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 human rights abuses that have occurred as a result.




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Haiti housing crisis worsening after 2010 earthquake: AI
Benjamin Minegar on January 14, 2013 12:02 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Friday expressed serious concern [press release] regarding the inefficacy of the allocation of state and donor resources used for the reconstruction of Haiti after a massive January 2010 earthquake [BBC backgrounder; JURIST news archive] displaced more than 2.3 million people. AI estimates that approximately 350,000 Haitians still live in nearly 500 makeshift camps where living conditions are allegedly worsening due to limited access to water and grossly ineffective sanitation and waste disposal methods. AI states that these issues have led to the spread of infectious diseases, sexual assault [text, PDF] and the ever-present fear of eviction by private and government entities. In addition, AI questions Haiti's National Policy on Housing [text, in French], which was enacted in April 2012 with the goal of prioritizing construction of new housing. AI asserts that the policy does not adequately address conditions for those already living in poverty, and provides no answer for those who cannot access adequate and affordable housing. AI also questions the efficacy of Project 16/6 [official website], a privately supported August 2011 national initiative that seeks to relocate the homeless from camps to housing neighborhoods. AI worries that while families receive a year-long rent subsidy of USD $500, the amounts are too low to support individuals and families "in the long-term." AI elaborates:
Many people told Amnesty International delegates in Haiti of their worries about not knowing where they would live after the end of the subsidies, as they would not be able to afford the rent. As it is, they are currently struggling to feed themselves and their children, let alone pay for other basic essentials such as clothing, medicine and education.
AI urges [press release] for renewed prioritization of support for the Haitian people from both national authorities and the international community as a whole.

On January 12, 2010 a 7.0 magnitude earthquake killed more than 200,000 Haitians and caused massive damage to property and infrastructure. Local police struggled to maintain law and order [JURIST report] in Haiti while awaiting the deployment of US troops, as looting and vigilantism rose among increasingly desperate and frustrated survivors of the earthquake that struck the country. The international community along with the US sought to provide aid initially. In January 2010 US President Barack Obama signed a bill [JURIST report] that allowed Americans to claim contributions made to Haitian earthquake relief efforts as a deduction on their 2009 federal income tax returns. Also in January the US Department of Homeland Security (DHS) announced [JURIST report] that the US would allow Haitian orphans into the country to receive needed care in the aftermath of the earthquake. In the same timeframe the DHS announced that Haitian nationals already present in the US on January 12 would be granted Temporary Protected Status [JURIST report] and would be allowed to continue living and working in the US for the next 18 months regardless of their immigration status.




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UN calls on Tunisia to ensure women's rights in new constitution
Peter Snyder on January 14, 2013 11:57 AM ET

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[JURIST] The UN Working Group on discrimination against women in law and in practice [official website] on Monday called on the government of Tunisia [OHCHR country profile] to adopt stronger constitutional measures to combat gender inequality [press release] and discrimination, while accelerating the participation of women in all aspects of society. The working group stated that it "remains concerned at the persistence of loopholes and ambiguities which, if not removed, might undermine the protection of women's rights and the principle of gender equality." While the working group has recognized the value of the new constitution in correcting gross inequalities and advancing the important virtues of justice, democracy and human rights, the group expressed concerns that the second draft failed to include clauses prohibiting discrimination, including on the grounds of sex. The UN group voiced its disapproval of the lack of constitutional mechanisms to monitor compliance with measures to eliminate discrimination and inequality affecting women in Tunisia. In particular, the working group called on Tunisian officials, at all levels of government to work to reach out to rural women, to increase there capacity to participate fully in the political and social life of the nation, citing their key role in historic reform the country has been undergoing.

Tunisia has faced political turmoil since former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive] left office amid nationwide protests in 2011. In August the same UN Working Group urged [JURIST report] the government of Tunisia to ensure that women's rights are protected in line with the nation's international human rights obligations. Last month, the same UN Working Group expressed similar concern [JURIST report] over Egypt's, then draft, constitution [text, PDF], stating that, "women's perspectives were grossly under-represented in the final draft." The working group expressed concern that equality between the sexes is not among the draft's substantive provisions and urged further critical review.




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UN rights chief condemns human rights record in North Korea
Sarah Posner on January 14, 2013 11:53 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Monday condemned [press release; UN News Centre report] the human rights record of people in the Democratic People's Republic of Korea (DPRK), calling on the international community to make efforts to improve the situation. Pillay expressed concern that the international community is almost exclusively focused on North Korea's nuclear program and not on human rights. Pillay had hoped that the new leadership would bring improvements in North Korea's human rights record but a year after Kim Jong-un [BBC profile] assumed leadership in the country there appears to be no improvements in the North Korea's human rights record. Pillay met with survivors from North Korea's political prison camp, which is believed to contain more 200,000 political prisoners or more. In addition to punishing peaceful activities, the practices in the camp also include torture and other forms of cruel and inhumane treatment. Pillay stated:
They described a system that represents the very antithesis of international human rights norms. We know so little about these camps, and what we do know comes largely from the relatively few refugees who have managed to escape from the country. The highly developed system of international human rights protection that has had at least some positive impact in almost every country in the world, seems to have completely bypassed DPRK, where self-imposed isolation has allowed the government to mistreat its citizens to a degree that should be unthinkable in the 21st century.
Pillay emphasized the need to obtain access into the country in order to provide human rights protections.

North Korea has faced ongoing international criticism for human rights violations. Last week Human Rights Watch (HRW) called for a UN commission to examine human rights abuses in North Korea [JURIST report]. The rights group stated that little has changed within the totalitarian government since Kim Jong-un succeeded his father Kim Jong-il [BBC obituary] in leading the country one year ago. HRW stated the situation may be getting worse, noting a drop in the number of individuals escaping into China and reports by successful escapees of increasing crackdowns on escape attempts. In November the UN Special Rapporteur on the situation of human rights in the DPRK Marzuki Darusman expressed concern over the lack of development in human rights in the nation, despite having called [JURIST reports] on new leader Kim Jong-un last January to improve the situation.




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Georgia frees 190 political prisoners
Sarah Posner on January 14, 2013 11:08 AM ET

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[JURIST] The government of Georgia freed 190 people considered by parliament to be political prisoners on Sunday under an amnesty agreement. The amnesty was opposed by President Mikhail Saakashvili and has intensified a power struggle [Reuters report] within the country. Many of the prisoners who were released were arrested in May 2011 during anti-Saakashvili protests [AP report]. Approximately 3,000 total prisoners will be released in the next two months as part of the amnesty agreement approved by parliament in December. Saakashvili vetoed the agreement approved by parliament but parliament was able to overturn the veto, further exacerbated tensions between the government and parliament.

In December Georgian Chief Prosecutor Archil Kbilashvili announced [JURIST report] that the former justice minister in Georgia, Justice Minister Zurab Adeishvili, was set to be charged on December 26 in connection with the torture of prisoners in the country's capital of Tbilisi. The prosecution investigated allegations of torture in the prison. In September UN High Commissioner for Human Rights Navi Pillay called on authorities in Georgia to investigate [JURIST report] prisoner mistreatment after video footage allegedly depicted the torture and rape of prisoners in the country's capital of Tbilisi.




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