Category: Law

  • Foreign workers at the Middle East locations of US and UK brands allege low pay, harsh conditions and a legal limbo with few protections

    Today the Guardian has published an investigation into labor conditions at the Persian Gulf locations of major US and UK brands, including Amazon, McDonald’s and the InterContinental Hotels Group.

    Almost 100 current and former migrant laborers spoke to reporters, and many claimed they were misled into taking poorly paid jobs, subject to extortionate and arbitrary fees, or had their passports confiscated. These practices are broadly considered to be indicators of labor trafficking.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Workers contracted to work for western brands in Saudi Arabia have described conditions as ‘like jail’

    Over the years the world’s most powerful fast-food chain, McDonald’s, has twice honored a Saudi prince’s business empire with its highest accolade for its franchisees: the Golden Arch award.

    Prince Mishaal bin Khalid al-Saud – who controls more than 200 McDonald’s outlets across Saudi Arabia – told CEO Magazine in 2018 that one of the secrets of his enterprise’s success is “ensuring a positive and favorable environment for our employees”.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Home Office brings fresh legal challenge after court of appeal ruled UK’s deportation policy unlawful

    Rwanda is a country that “imprisons, tortures and murders” its opponents, including those who have already fled the country, the UK’s supreme court has heard.

    Raza Husain KC, representing asylum seekers challenging the Rwanda policy, told five senior judges of human rights breaches in the east African country. He said opponents of the Rwandan government were at risk of police violence and “absolute repression”.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Home secretary uses populist speech at Tory conference to attack Human Rights Act and ‘luxury beliefs’ of liberal-leaning voters

    Suella Braverman has warned of a “hurricane” of mass migration and attacked the “luxury beliefs” of liberal-leaning people in a populist speech aimed at cementing her position as a standard bearer of the Conservative right.

    In a claim that will anger lawyers, judges and some within her own party, the home secretary told delegates at the Tory party conference that the Human Rights Act should be renamed the “Criminal Rights Act”.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Actor’s donation enables fund to reach target in challenge to Home Office’s use of barge to house asylum seekers

    Vanessa Redgrave has donated £4,000 to a legal fund challenging the Home Office’s use of the controversial Bibby Stockholm barge to accommodate asylum seekers.

    The actor and human rights campaigner has been an outspoken critic of the government’s policy to house asylum seekers on the barge in Portland, Dorset.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Actor’s donation enables fund to reach target in challenge to Home Office’s use of barge to house asylum seekers

    Vanessa Redgrave has donated £4,000 to a legal fund challenging the Home Office’s use of the controversial Bibby Stockholm barge to accommodate asylum seekers.

    The actor and human rights campaigner has been an outspoken critic of the government’s policy to house asylum seekers on the barge in Portland, Dorset.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Hopes fade of deal being struck, with one sticking point being right to occasionally breach detention centre standards

    European Union member states have failed to reach an agreement on changes to the bloc’s migration laws after Germany and Italy clashed over key proposals relating to human rights guarantees in detention centres and the role of NGOs in facilitating migrant arrivals.

    But, as hopes faded on Thursday of a deal being struck, ministers said they expected “fine tuning” in coming days to lead to a pact that would apply in the event of a sudden refugee crisis such as that of 2015 when more than 1 million people arrived from Syria and beyond.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Claimants say European countries are breaching their human rights by failing to take adequate action to tackle global heating

    An 11-year-old girl from Portugal sat inside the grand chamber of the European court of human rights on Wednesday to face 86 lawyers from 32 nations in the world’s largest climate legal action.

    Mariana Agostinho was alongside her brother and sister, and her cousins, two rows back from 17 human rights judges.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Operation Dudula changes tactics from evictions and violence, with plans to fight elections on platform of expelling foreigners

    An anti-migrant vigilante organisation in South Africa has registered as a political party and plans to contest seats in next year’s general elections.

    Operation Dudula, whose name means “to force out” in Zulu, wants all foreign nationals who are in the country unofficially to be deported.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • People injured in crashes involving Hungarian police are being pushed back to Serbia from hospital, say human rights groups

    When he woke up in the hospital, Karim* had no idea what had happened to him. All he remembered was that he had fallen asleep next to his friend, Yousef*, in the back of the car. Days before, in the summer of 2022, they had climbed the border fence between Serbia and Hungary and were heading towards Austria.

    Karim, 22, had left his home in northern Syria at the end of 2021. After making his way from Turkey through Bulgaria, he reached Serbia. From there he still had to cross Hungary and then on to Austria. “My dream was to reach Germany,” he says.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Report identifies ‘toxic culture’ and breaches of human rights laws relating to torture and inhuman treatment

    The first public inquiry into abuses at a UK immigration detention centre has identified a “toxic culture” and numerous breaches of human rights laws relating to torture and inhuman or degrading treatment, as well as racist, derogatory language used by some staff towards detainees.

    The inquiry calls for sweeping changes to immigration detention including the introduction of a 28-day time limit.

    Continue reading…

  • Ethiopian government is failing to protect its citizens from ‘grave’ human rights abuses, amid rising violence and hate speech – report

    Human rights abuses are still being committed in Ethiopia’s northern Tigray region more than 10 months after a ceasefire formally ended the bloody civil war, according to a group of UN experts.

    The latest report by the UN’s International Commission of Human Rights Experts on Ethiopia said the nation’s government was failing to protect its citizens from “grave and ongoing” human rights abuses being committed by militias and Eritrean troops, who fought alongside Ethiopia’s federal military and remain in border areas of Tigray.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • The following article is a condensed version of a research paper delivered at the ANU Gender Institute symposium on ‘Understanding Coercive Control’ that explored coercive control from multiple inter-disciplinary perspectives.

    I deal with issues of coercive control almost daily. In my role as a family lawyer I’ve “seen a lot”: needless to say, I was heartened by the recent legislative changes criminalising coercive control in NSW (see: Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW)).  While new amendments to the Crimes Act 1900 (NSW) have created an offence of coercive control, the family law system has been dealing with (or trying to deal with) coercive control for some time.

    There is no overarching definition of “coercive control” in the Australian jurisdiction. The Federal Circuit and Family Court of Australia (FCFCA), in their Best Practice Guidelines, define coercive control as: “an ongoing pattern of use of threat, force, emotional abuse and other coercive means to unilaterally dominate a person and induce fear, submission and compliance in them”.

    Professor Evan Stark, American sociologist and forensic social worker, developed the concept of “coercive control.” He suggests it is “a pattern of domination that includes tactics to isolate, degrade, exploit and control” on the part of the perpetrator; it is a “liberty crime” rather than a “crime of assault”.

    The Australian family court system recognises coercive control as a serious form of domestic violence. This is reflected in the case law as well as in the legislation (that is, the Family Law Act 1975 (Cth) (Family law Act)). In the matter of Morton & Beatty[2022] the Court commented that: “Coercive control, as a nebulous sub-species of conduct within the meaning of family violence, is plainly anticipated by the words of s 4AB(1).” Section “4AB(1)” of the Family Law Act defines “family violence”.

    It also sets out examples of behaviour that may constitute coercive controlling behaviour such as “repeated derogatory taunts” to “unreasonably withholding financial support” to preventing a person from “making or keeping connections with…family, friends or culture.” Whilst the Family Law Act sets out some guidance as to what constitutes coercive control, it does not strictly define or limit what it may entail.

    As such, what will be determined as coercive and controlling behaviour will turn on the evidence before the Court and the context in which events take place (see, e.g. Carter & Wilson [2023] FEdCFamC1A 9).  Alas, herein lies a significant problem which may impact prosecuting, and indeed identifying, coercive control: that is, the evidence (or lack of evidence).

    While the Court has long accepted “where domestic violence occurs in a family it frequently occurs in circumstances where there are no witnesses other than the parties to the marriage, and possibly their children…” and as such, does not necessarily require “corroborative evidence from a third party or a document or an admission” (see, e.g. Amador & Amador (2009) 43 Fam LR 268), it nevertheless can be difficult for victims, in an adversarial court system, to prosecute their case in circumstances where there is no corroborating evidence and the evidence is in affidavit form only, consisting of “he said – she said” allegations, and where perpetrators may flatly deny any allegations of family violence.

    In my time as a family lawyer, I have seen several cases where victims of coercive control have been left helpless and re-traumatised.  Coercive control can be “missed” or underplayed by actors working in the Court system (including the judges, lawyers, psychologists, police and others).

    This “misidentifying” of coercive control can occur for several reasons; including, but not limited to:

    • there may be fear of the perpetrator, or legal institutions themselves, which may, in turn, lead to a lack of engagement by the victim or a partial engagement where a client may not be forthcoming with their instructions, possibly fearful of potential ramifications;
    • cultural (mis)understandings of the legal system (including language barriers). It is known that women from culturally and linguistically diverse backgrounds are less likely to report domestic violence;
    • a lack of support and/or isolation: the victim may be disinclined to tell his or her story in circumstances where he or she does not have family (or other) support with “nowhere to go”;
    • poor legal representation or no legal representation: a self-represented litigant may not fully understand the nuances of presenting evidence to the Court, and indeed, poor legal representation, where a legal practitioner is not attuned to the nuances of domestic violence, may have a similar effect – this risks a victim not setting out his or her version of events and evidence adequately prosecuting his or her case;
    • mental health: victims may be suffering from mental health issues, including situational pressures which impact on their ability to engage with the legal system and supports.

    The legal system is not perfect. Although the FCFCA, to their credit, have developed protocols around early identification of domestic violence and specialised case management; aimed at mitigating the risk of harm to parents and children; and minimising systems abuse. Recent legislative changes removing the cross examination of victims by alleged perpetrators has also come into force (see section 102NA, Family Law Act). But, is more needed?

    Cases involving coercive control require the legal actors – the lawyers, the family consultants, the judges – to be seriously attuned, and literate, to the nuances of this type of domestic and family violence.

     

     

     

    Alexandra presenters her paper at the ANU Gender Institute symposium on ‘Understanding Coercive Control’ that explored coercive control from multiple inter-disciplinary perspectives.

    Alexandra presents her paper at the ANU Gender Institute symposium on ‘Understanding Coercive Control’. Picture: Supplied

    Legal academic, Professor Heather Douglas has suggested the possibility that “increased funding and training of police, lawyers and judges will afford better outcomes than law reform.” If coercive control cannot be identified and thoughtfully managed by “legal actors”, in a timely way, this, as we have seen can have dire consequences for victims and their families (see, e.g. the Edwards and Clarke coronial inquests).

    Repeated (and regularly updated) training is needed in this sphere; training where practitioners meaningfully engage with the concepts of domestic and family violence in order to give them the best tools possible to identify coercive and controlling behaviours, support victims, and in turn run their legal case appropriately.

    Coercive control has been shown to be a prevalent precursor to serious and often deadly incidents of family and domestic violence.  It is right that a spotlight be shown upon this insidious form of domestic violence.  The recent criminalisation of coercive control in NSW will, if nothing else, surely bring awareness to this issue. What sort of practical impact it will have, we will have to wait and see.

    • Please note: image at top is a stock illustration 

     

     

    The post DV literacy: a necessary tool in combatting coercive control appeared first on BroadAgenda.

  • Free speech advocate Hisham Kassem sentenced for defaming former minister Kamal Abu Eita

    A court in Cairo has sentenced a former newspaper publisher, free speech advocate and rights activist to six months in prison in a trial observers say constitutes an attack on a leading critic of the Egyptian state.

    Hisham Kassem, the former publisher of Al Masry Al Youm newspaper, received six months in detention and a fine of 20,000 EGP (approximately £523) for slandering and defaming Kamal Abu Eita. Abu Eita is a former minister and current member of Egypt’s presidential pardon committee, tasked with granting clemency towards some of the tens of thousands of detainees in the Egyptian prison system.

    Continue reading…

  • Shops that serve unveiled women could be shut under draft law UN human rights body says suppresses women into ‘total submission’

    Women in Iran face up to 10 years in prison if they continue to defy the country’s mandatory hijab law, under harsher laws awaiting approval by authorities. Even businesses that serve women without a hijab face being shut down.

    The stricter dress code, which amounts to “gender apartheid”, UN experts said, comes one year after the death in custody of Mahsa Amini, 22, who had been detained for allegedly wearing the Islamic headscarf incorrectly. Her death, after allegedly being beaten by police, led to the largest wave of popular unrest for years in Iran.

    Continue reading…

  • Georgia’s RICO (Racketeer Influenced and Corrupt Organizations) law, modeled on the federal statute designed to attack mob bosses, has been in the news a lot, ever since  Fulton County, Georgia, District Attorney Fani Willis used Georgia’s law to charge former President Donald Trump and his associates with attempting to overturn the results of the 2020 election.

    CNN: The dangerous precedent set by Trump’s indictment in Georgia

    A CNN op-ed (8/26/23) criticized the RICO indictment of  Donald Trump because it could “open the door to unwarranted prosecutions of others.” But when Georgia initiated one of those “unwarranted prosecutions” just a few days later, CNN ran no critical op-ed.

    And with the news has come the inevitable hand-wringing about whether the RICO charges against Trump were a good idea. CNN (8/26/23) published an op-ed questioning whether the indictments were too broad, saying, “Casting a wide net can also raise serious First Amendment issues.” One New York Times op-ed (8/29/23) worried that the case against Trump was overly complex, offering him the ability to mount a strong defense by delaying the proceedings.

    Trump and his supporters are fond of framing the charges as a political hit against the ex-president and an attack on free speech, as if a mob boss can invoke the First Amendment when ordering the killing of a police informant. New York (8/17/23) did offer some valid criticism of the use of RICO laws, saying they have often been used for reactionary ends:

    The immediate concern is its continued legitimization of RICO laws, which are overwhelmingly used to punish poor Black and brown people for their associations, not would-be despots like the former president.

    But when a new example arose of RICO being used to punish the powerless rather than the powerful—coming from not only the same state but from the very same grand jury—such cautiousness was hard to find in corporate media.

    Accused of militant anarchism

    Mo Weeks: Solidarity? That's anarchist. Sending money? Printing a zine? That's anarchist.

    Interrupting Criminalization’s Mo Weeks (Twitter, 9/5/23) noted that the Cop City indictment included this passage: “Anarchists publish their own zines and publish their own statements because they do not trust the media to carry their message.” “Don’t trust the media and want to speak to people directly?” wrote Meeks. “RICO criminal enterprise apparently.”

    Georgia’s RICO law was also invoked by Georgia Attorney General Chris Carr when he targeted 61 opponents of the construction of Cop City, a sprawling police training center on the south side of Atlanta. The case against the protests alleges that protesters, some of whom have destroyed construction equipment, are engaged in a conspiracy to stop the complex’s construction, likening even nonviolent political action, commonly used across the political spectrum, to the workings of the Mafia. Joe Patrice at Above the Law (9/6/23) masterfully outlined the difference between the Trump case and the Cop City case:

    Both indictments include protected speech as “overt acts.” That’s fine. But one indictment identifies the underlying criminal enterprise as election fraud and the other as political protest itself. The latter is actually seeking to criminalize speech.

    Patrice explained:

    If Trump and team actually conspired to commit election fraud by, among other things, inducing legislators to illegally certify phony Electors in Georgia, then otherwise protected speech acts like complaining about fake voter fraud can be overt acts.

    In the Cop City case, on the other hand, “handing out leaflets doesn’t tie all that well to property damage” against the construction of Cop City because if “a conspiracy is limited to sabotaging construction vehicles, it’s hard to rope in defendants who weren’t buying equipment to destroy vehicles.”

    In addition to the RICO charges, prosecutors charged a bail fund with money laundering and others for domestic terrorism. The indictment calls the protestors “militant anarchists” and incorrectly states the Defend Atlanta Forest group began in summer 2020, even though the indictment also states that the Cop City project was not announced until April 2021.

    ‘Clearly a political prosecution’

    Democracy Now!: “A Political Prosecution”: 61 Cop City Opponents Hit with RICO Charges by Georgia’s Republican AG

    Organizer Keyanna Jones (Democracy Now!, 9/6/23): “This is retaliation for anyone who seeks to oppose the government here in Georgia.”

    While the Trump indictment predictably took center stage, the Cop City indictments received a fair amount of down-the-middle, straight reporting (AP, 9/5/23; New York Times, 9/5/23; CNN, 9/6/23; Washington Post, 9/6/23). However, compared to the Trump story, corporate media have shown far less concern about the broadness of Georgia’s RICO statute and how it has been invoked to essentially silence dissent against Cop City.

    In left-of-center and libertarian media, the criticisms are there. MSNBC (9/7/23) called it an attack on dissent, and Devin Franklin of the Southern Center for Human Rights told Democracy Now! (9/6/23):

    I think that when we look at the number of people that were accused and we look at the allegations that are included in the indictment, what we see are a wide variety of activities that are lawful that are being deemed to be criminal, and that includes things such as passing out flyers—right?—a really clear example of the exercise of First Amendment rights. We see that organizations that were bailing people out for protests or conducting business in otherwise lawful manners have been deemed to be part of some ominous infrastructure. And it’s just not accurate. This is really clearly a political prosecution.

    The staff and readership of Reason (9/6/23) might not like a lot of the anti–Cop City’s economic and social justice message, but the libertarian magazine stood with the indicted activists on principle:

    To say that the indictment paints with a broad brush is an understatement. Prosecutors speak about “militant anarchists” and their tactics, but also spend a considerable amount of time describing conduct that is clearly protected speech. “Defend the Atlanta Forest anarchists target and recruit individuals with a certain personal profile,” the filing alleges. “Once these individuals have been recruited, members of Defend the Atlanta Forest also promote anarchist ideas through written documents and word of mouth”; such documents “decry capitalism in any form, condemn government and cast all law enforcement as violent murderers.” (All protected speech.)

    Unconcerned about protest attacks

    AP: 3 activists arrested after their fund bailed out protestors of Atlanta’s ‘Cop City’

    Georgia has prosecuted activists even for participating in the criminal justice system (AP, 5/31/23).

    However, corporate media appear unconcerned with the broad use of RICO to prosecute the anti–Cop City protesters. While many “RICO explainer” articles (NPR, 8/15/23; CBS, 8/15/23) discussing the Trump case mentioned that Georgia’s RICO statute is broader and easier to prosecute than the federal statute—it’s “a different animal. It’s easier to prove” than the federal statute, a defense attorney told CNN (9/6/23)—the notion that this might be in play in the Cop City case was overlooked in many of the articles discussing that indictment (e.g., AP, 9/5/23; CNN, 9/6/23; New York Times, 9/5/23).

    The indictment of the forest defenders is an escalation of previous attacks on free speech, advocacy and free association. Earlier this year, Atlanta police and the Georgia Bureau of Investigation arrested three activists operating a bail fund for opponents of Cop City protesters (AP, 5/31/23; FAIR.org, 6/8/23). An “autopsy of an environmental activist who was shot and killed by the Georgia State Patrol” at an anti-Cop City protest “shows their hands were raised when they were killed,” NPR (3/11/23) reported.

    So one might think that even more sweeping prosecutorial action would arouse more suspicion. An opinion piece in the Atlanta Journal-Constitution (9/11/23) admitted that the RICO charges against the protesters were overly broad and thinly supported, making for inefficient prosecution. But the piece seemed dismissive of First Amendment concerns: “Civil liberties groups are howling, saying the indictment is an affront to free speech,” Bill Thorby wrote, adding that “so are the supporters of Trump & Co.”

    The Above the Law piece linked above explores and debunks this analogy, but the statement exhibits the lazy journalistic trick of lumping Trump and social justice activists as two sides of the same extremist coin, suggesting centrism is the only legitimate political position.

    Anger against Cop City is growing, not just because of the political repression being used against activists, but because the project is the product of  police militarization, whopping spending on security at the expense of other needed services, and the destruction of forest land.

    With Georgia’s RICO law in the news because of Trump, the media should be connecting this law to the broad suppression of legitimate dissent in Atlanta. While the prosecution is not going unreported, the urgency of the Orwellian use of state power is not felt in any kind of news analysis or in opinion pieces in the mainstream corporate press. At least not yet.


    Research assistance: Pai Liu

    Featured Image: Protest against Cop City, March 9, 2023. (Creative Commons photo: Felton Davis)

    The post Georgia’s RICO Law Is in the News—but Its Use to Silence Protesters Gets a Pass appeared first on FAIR.

  • China has passed a law allowing the authorities to seize and freeze the assets of foreign states, in a move analysts say will encourage tit-for-tat “hostage diplomacy.”

    The country’s National People’s Congress Standing Committee passed the Foreign State Immunity law on Friday, in a move state media said would “safeguard China’s sovereignty, security and development interests.”

    The law, which takes effect Jan. 1, 2024, allows Chinese, Hong Kong and Macau authorities to seize or freeze the assets of foreign states in situations where the government concerned has already taken similar action against Chinese assets on foreign soil, state news agency Xinhua reported.

    “Once a foreign state abolishes, restricts or downgrades the immunity it has granted to China, China will have the right to take necessary countermeasures in accordance with the principle of reciprocity,” Xinhua said.

    But the law doesn’t affect privileges and immunities enjoyed by foreign diplomatic missions, consular posts, special missions, missions to international organizations, delegations to international conferences, nor the privileges accorded to foreign heads of state, heads of government, foreign ministers, and other officials of comparable status.

    Analysts said the law is part of a slew of recent legislation targeting foreign entities and individuals in China that includes recent amendments to the Counterespionage Law, and a Foreign Relations Law.

    Elastic definition

    Chinese authorities have typically employed a highly elastic definition of what constitutes a state secret, and national security charges are frequently leveled at journalists, rights lawyers and activists, often based on material they posted online.

    “This kind of legislation means they have another tool they can use … to bring a lot of diplomatic pressure to bear to achieve their aims,” Hong Kong lawyer and current affairs commentator Sang Pu commented on the law. “They can claim that they are only acting in accordance with their laws.”

    ENG_CHN_HostageDiplomacy_09042023.2.jpeg
    “This kind of legislation means they have another tool they can use … to bring a lot of diplomatic pressure to bear to achieve their aims,” says Hong Kong lawyer and current affairs commentator Sang Pu, speaking about the new law. Credit: Zhong Guangzheng

    “This is an important part of China’s Wolf Warrior diplomacy, and another step forward in its diplomatic bullying of other countries,” Sang said. “It’s part of a comprehensive foreign policy intended to confront Western liberal democracies.”

    Under the law, a foreign state will be deemed to have consented to the jurisdiction of Chinese courts if it files a lawsuit, or if it is named as a plaintiff or a defendant in a lawsuit accepted by a Chinese court.

    Commercial activities by foreign states could spark legal action in China if the actions “have had a direct effect in Chinese territory even though they took place outside Chinese territory.”

    That includes transactions of goods or services, investments, borrowing and lending, and other acts of a commercial nature that do not constitute an exercise of sovereign authority, according to the China Law Translate website.

    Lunghwa University of Science and Technology assistant professor Lai Jung Wei said the ruling Chinese Communist Party appears to believe that foreign countries are busy infiltrating China, much as their agents and supporters are infiltrating other countries.

    “A lot of their state-owned enterprises take the guise of private enterprises to infiltrate the rest of the world,” Lai said. “They do this because the party has to be in control of everything – it’s a party-state.”

    “And they use the same logic to view the rest of the world, and they are worried that the rest of the world is going to start doing it to them,” he said.

    ‘Hostage diplomacy’

    Lai said it’s another card Beijing – which has repeatedly hit out at sanctions against its officials over its human rights record – can play in future diplomatic wrangles.

    “[They’re saying] if you refuse to back down, we can use this against you, or as a form of retaliation if you do similar things to us,” he said. “But the legislation is inseparable from party rule.”

    “To put it bluntly, it’s a form of political security for the Xi Jinping dictatorship,” he said.

    ENG_CHN_HostageDiplomacy_09042023.3.jpg
    Canadians Michael Kovrig [right] and Michael Spavor, shown in March 2023, were taken into custody by Chinese authorities shortly after Canada arrested Meng Wanzhou, Huawei’s chief financial officer and the daughter of the company’s founder, on a U.S. extradition request. They were held for more than two years in China before being released. Credit: Andrew Harnik/Pool/AP

    China was widely criticized for its “hostage diplomacy” when it arrested and jailed Canadian nationals following the arrest of a top Huawei executive Meng Wanzhou in Vancouver on Dec. 1, 2018 pending a U.S. extradition request.

    Sang said it’s noteworthy that the law will be enacted in Hong Kong and Macau as well as in mainland China, suggesting that there is now scant difference between the three jurisdictions.

    “Hong Kong is getting more and more similar to mainland China,” he said.

    Reports emerged last year that China was trying to obtain floor plans for all properties used by foreign missions in Hong Kong, amid an ongoing crackdown on dissent under a draconian national security law imposed on the city by Beijing.

    Simon Cheng, a former employee of the British Consulate General in Hong Kong, told Radio Free Asia that Chinese state security police were insistent that he draw a floor plan of the consulate for them during his interrogations during a 15-day detention in August 2019.

    Cheng warned in an October 2022 interview that Beijing will continue to tighten control on what it views as potentially hostile “foreign forces” that it blames for inciting the 2019 protest movement in Hong Kong.

    Translated by Luisetta Mudie. Edited by Malcolm Foster.


    This content originally appeared on Radio Free Asia and was authored by By Raymond Cheng for RFA Cantonese.

    This post was originally published on Radio Free.

  • Exclusive: Campaigners say people are being sent back to jail in England and Wales ‘for no good reason’

    The number of imprisonment for public protection (IPP) offenders who have been recalled to jail despite not being charged with a further offence has soared in recent years, accounting for almost three-quarters of returns last year.

    Under the widely discredited England and Wales scheme, which was abolished in 2012 but not retrospectively, offenders were given a frequently low minimum jail tariff but no maximum one, and were released on indefinite licence, meaning they can be recalled at any point.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Exclusive: Report says optics of western firms organising Xinjiang tours amid ‘crimes against humanity are disastrous’

    Uyghur advocates have called on western tourism companies to stop selling package holidays that take visitors through Xinjiang, where human rights abuses by authorities have been called a genocide by some governments.

    The request comes as China reopens to foreign visitors after the pandemic, and as its leader, Xi Jinping, calls for more tourism to the region.

    Continue reading…

  • Community reports shift from uneasy tolerance to being scapegoated for socioeconomic crisis

    When the Christian extremists of Soldiers of God menaced a bar in Beirut’s nightlife district during a drag show, their members had a chilling message for patrons: “We have warned you a hundred times … this is just the beginning.”

    The group, whose members sometimes carry weapons, have repeatedly threatened places associated with Lebanon’s LGBTQ+ community, accusing them of “promoting homosexuality” amid an increase in homophobic rhetoric from the country’s politicians.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • The following article is a condensed version of a research paper delivered at the ANU Gender Institute symposium on ‘Understanding Coercive Control’ that explored coercive control from multiple inter-disciplinary perspectives.

    The issue of coercive control – what is it, how do we recognise it, should it be criminalised – has been subjected to significant media and public attention in the last few years. This, in conjunction with the fact that the term ‘coercive control’ was only coined in 2007 by sociologist Evan Stark, contributes to the assumption that coercive control is a new phenomenon.

    However, the patterns of behaviours designed to intimate, control, and isolate an individual that Stark classifies as coercive control have been a feature of intimate partnerships since at least the nineteenth century.

    Notably, it was as early as the 1880s that these behaviours were beginning to be criticised and recognised as unacceptable masculine marital behaviours, or as abuses of patriarchal authority.  Through law and literature, wives and women were claiming that a husband’s unquestioned control over all aspects of his wife’s life was an unacceptable abuse of patriarchal power – with some divorce court judges supporting this assertion.

    The 1886 novel of Rosa Praed, The Right Honourable, is an enlightening example of how colonial women used literature to critique domestic violence in all its forms, including the non-physical and especially patterns of behaviour that would now be termed coercive control. Despite Praed being Australia’s most popular and well-known female author during the late nineteenth and early twentieth centuries, renowned for her damning portrayals and critiques of marriage, few of her books have been reprinted since their original publication.

    The Right Honourable is no exception to this – despite being reprinted multiple times throughout the 1880s and 1890s, it has been out of print for a century.

    Zoe Smith believes the 1886 novel of Rosa Praed, The Right Honourable, is an enlightening example of how colonial women used literature to critique domestic violence in all its forms. Picture: Supplied

    Zoe Smith believes the 1886 novel of Rosa Praed, The Right Honourable, is an enlightening example of how colonial women used literature to critique domestic violence in all its forms. Picture: Supplied

    In The Right Honourable, Crichton Kenway is introduced as a man ‘who seemed fairly fitted to be a hero of romance of the conventional order. He was tall, upright, good-looking, well dressed, and had an air of breeding’. A politician who moves in all the right social circles, he and his Australian wife Koorali seemingly have the perfect relationship. However, Crichton’s marital behaviour means that the marriage between himself and Koorali is clearly no ‘romance of the conventional order’.

    The marriage is characterised by psychological and verbal abuse directed towards Koorali, with Crichton’s behaviour comprehensible to the modern reader as behaviour we would now term ‘coercive control’ and ‘gaslighting’.

    Crichton tells Koorali how to dress, he regulates her behaviour at balls to ensure she is constantly working to his advantage in using her feminine wiles to charm his superiors, he reads her letters over her shoulder, he criticises and monitors her expenditure. All this occurs in conjuction with his verbal abuse designed to belittle and demean her, ‘crude, hard things in a way that hurt her like a blow’.

    As Praed describes, ‘Crichton, though never absolutely rude or rough, had a rasping, overbearing manner at home – a way of harking upon mean detail, of fault-finding, and of attributing the lowest motive to every action, which often caused Koorali to wince, destroying her spontaneity and self-confidence, and making her timid and reserved, and less and less a thing of flesh and blood’. Resultantly, Koorali ‘began to believe that she was really stupid and wanting in common sense, as Crichton so often told her, and that he had reasonable cause for complaint’.

    Notably, these behaviours are the most prominent form of domestic violence depicted by Praed in the novel, and are judged by Praed and other characters in the text, both male and female, to be behaviours beyond reasonable patriarchal authority. It is insinuated that this form of abuse is inherently linked to other forms of domestic violence – later in the text when Koorali states that she will leave Crichton as a result of his controlling behaviour, he threatens her with legally sanctioned marital rape which is coupled with the first explicit hinting of an act of physical violence – ‘he made a gesture as if he would have fell upon her and throttled her there and then’.

    The acts of verbal and psychological abuse, and what we would consider coercive control, are the key feature Praed sought to emphasise in her critique of masculine marital behaviour – her fiction, situated in the romance and domestic realist genres, generally sought to highlight the myriad forms of abuse faced by wives in colonial marriages.

    These patterns of behaviours were not a new form of unacceptable marital masculine behaviour for colonial female authors such as Praed to criticise. From 1880, Ada Cambridge, a popular writer of serial fiction in Australian newspapers, detailed the systematic regime of control and abuse wives could suffer at the hands of husbands in her fiction. In Cambridge’s ‘Dinah’, serialised in The Australasian from 1879-1880, Dinah’s husband subjects her to a regime of humiliation, economic control, and psychological abuse that would be recognised today as coercive control: ‘he watched over her expenditure with a suspicious watchfulness that pounced upon every sixpence wasted; and if she tore her dress, or knocked over a wineglass, he made her life a burden to her for hours afterwards’.

    As the narrator describes of Dinah’s experiences: ‘the humiliations to which she was subjected were petty, indeed, from an outside point of view – hints and slights and sneers that made no noise or scandal but they were nonetheless the cruellest that the ingenuity of an aggrieved husband, who was at once bully and coward, could devise’.

    In a similar state of marital relations to Koorali and Crichton, the psychological abuse and controlling behaviour perpetrated by Dinah’s husband is the only instance of domestic violence that Cambridge explicitly details, aside from hinting at an occasion of marital rape.

    By the mid 1880s then, there was certainly a growing awareness and criticism of the myriad of forms that domestic violence could take in marriages. The question of what to call this spectrum of behaviours was a difficult one – whilst ‘wife-beating’ was still the most popular term, connoting images of working class men perpetrating physical violence, courts and newspapers focused more broadly on what they termed ‘cruelty’, a legal term subjective to the discretion of individual judges. Acts that we would now consider to be economic violence, psychological abuse, and coercive control were either constructed as ‘mental cruelty’ or as constituting a broader ‘system of tyranny’ that a husband could subject his wife to.

    By 1890, the New South Wales case of Hume v Hume, presided over by Justice Windeyer, court cemented ‘mental cruelty’ and a husband’s ‘system of tyranny’ as a form of domestic violence cruel enough to warrant a wife a divorce without also declaring physical violence. Edward Hume had ‘cut his wife Ellen off from the intercourse of her friends; refused to speak to her for days and weeks, except in orders’ coupled with oaths and abuse, and refused to let her leave their property’.

    Yet, coercive control alone or accompanied by the ‘occasional’ blow was not enough to break the sacred bonds of marriage across the whole of Australia – Windeyer was the exception amongst his fellow judges in Victoria and Queensland. Dismissing a 1912 case in Queensland in which William Tredea had isolated his wife Laura on a rural pastoral station and controlled the amount of time she spent with her children, Justice Shand declared he had to be ‘careful not to go beyond the limits of legal cruelty’ and to not overly restrict a husband’s understood household authority.

    A husband’s ‘system of tyranny’ could therefore and still was tolerated and upheld, despite growing awareness and criticism, and it wouldn’t be until the 1970s that this broader pattern of abusive behaviours would again be brought to public attention by feminists criticising domestic violence more broadly. The establishment of women’s refuges such as Elsie in 1974, alongside the testimonies of wives to the Royal Commission on Human Relationships published in 1977, put a spotlight on domestic violence, with acts of coercive control given renewed public and feminist attention. See Michelle Arrow’s The Seventies for more on this.

    Yet, it has taken until 2007 for the pattern of behaviours to be given an official name and definition, and it is only in the last few years, in the wake of cases such as the murder of Hannah Clarke and the subsequent relevant of the nature of her husband’s abusive and controlling behaviour.

    Why? That I can’t answer, but it is high time that we acknowledge that coercive control in Australia has been the subject of feminist and legal attention for 150 years.

    As for what historians like myself can contribute to current discussions by historicising coercive control, openly acknowledging the cultural discourses and acceptability around contemporary forms of violence, and judging historical violence by current standards, allows for a revitalised and more complex understanding of domestic violence in the past – an understanding that is vital in thinking about domestic violence and coercive control in Australia and Australian society more broadly if we ever going to deal with our ‘national problem’.

    The post Coercive control is not a new phenomenon appeared first on BroadAgenda.

    This post was originally published on BroadAgenda.

  •  

    Janine Jackson interviewed New Disabled South’s Kehsi Iman Wilson about the Americans with Disabilities Act for the August 25, 2023, episode of CounterSpin. This is a lightly edited transcript.

          CounterSpin230825Wilson.mp3

     

    WaPo: Florida kept disabled kids in institutions. A judge is sending them home.

    Washington Post (8/19/23)

    Janine Jackson: July 26 marked the 33rd anniversary of the Americans with Disabilities Act. The 1990 law intended “to provide clear, strong, consistent, enforceable standards addressing discrimination” against individuals with disabilities.

    The occasion connected with some serious, multi-layered stories, including news of a critical ruling that the state of Florida has been violating the rights of children with complex medical needs by keeping them institutionalized when they could be living in community.

    A sizable admixture of stories, though, were reports on buildings or spaces coming into compliance with the ADA—as though complying with a 33-year-old law was a feel-good story, and despite a relative absence of feel-bad stories about decades of noncompliance.

    But more, what is lost when the public conversation around disability justice revolves around the ins and outs of abiding by law, rather than a bigger, deeper vision of a world we can all live in?

    Kehsi Iman Wilson is co-founder and chief operating officer of New Disabled South. She joins us now by phone from Tampa, Florida. Welcome to CounterSpin, Kehsi Iman Wilson.

    Kehsi Iman Wilson: Thanks so much for having me, Janine.

    JJ: In his official proclamation around the ADA’s anniversary, Joe Biden said the sort of thing politicians say:

    It is hard for younger generations to imagine a world without the ADA, but before it existed, if you were disabled, stores could turn you away and employers could refuse to hire you. Transit was largely inaccessible.

    Now, he goes on to note ways that disabled people are still discriminated against, but that lead, that opening, reflects the way many media, certainly, talk about the ADA, that it was sort of night-to-day, and now we just need to incrementally build on it.

    ITT: The ADA is the Floor, Not the Ceiling—We Need More

    In These Times (7/28/23)

    But it doesn’t require undermining the work that went into the ADA to suggest, as you do in a recent piece for In These Times, that that is maybe just not the most useful way of thinking about that act.

    KIW: It’s the same to me, it‘s as ridiculous as the frame we hear, like, “Oh, because we had a Black president in Barack Obama, somehow we’re in a post-racial society,” or “racism is over.”

    In no social movement is a victory, whether minor or major, an indicator that there need be no additional social movement—or political movement, for that matter.

    And when we’re talking about disability—disability rights, disability access, certainly disability justice—so much of the real, lived experience of disabled people contradicts a lot of President Biden’s opening statements.

    For example, when you talk about “couldn’t imagine a world where there was inaccessible public transit”—there’s still inaccessible public transit for the majority of disabled people. And unless you can afford, you’re in the privileged few who can afford, paratransit services where they’re accessible, where you live, things even as basic as access to sidewalks is still a major issue.

    We’re dealing with so many infrastructure issues in this country, and as we know, any issue doubly or triply impacts disabled people.

    JJ: Well, what did the ADA do?

    KIW: I’ll attempt my best brief answer of that, but as the title of my piece for In These Times stated, the ADA is the floor, not the ceiling. Similar to the Civil Rights Act, similar to the Voting Rights Act, it got the issue on the map, whereas before—one thing that’s a little bit more accurate in President Biden’s remarks—yes, it was not codified in law, anti-discrimination.

    But as most regular citizens, I think, and certainly those of us who are directly impacted by any of the laws I just named, or any law for that matter, law has to be enforced, right? Law is only as good as the enforcement of the law, as the awareness of the law.

    Truthout: Lawsuit Uncovers Chicago’s Failure to Provide Disability Protections in Housing

    Truthout (2/20/23)

    We’re still fighting battles across this country as it relates to the physical accessibility of buildings and spaces. So to answer the question briefly, again, it’s a starting point. It’s a good step, a huge step—not to discredit any of the work that went into getting this law passed—but it’s a starting point.

    And the hope and dream was never that that be the end of the road, but that we would continue working as a country on materially improving the lives of disabled people day to day. And, unfortunately, a lot of that work is just not happening.

    JJ: In terms of one of the many things that exist to be changed, that the law has not changed, I was shocked to learn that something as—I mean, I guess I wasn’t surprised—but that polling places, which are often in schools or older buildings, but the idea that the inaccessibility of places to vote was not a major issue, that that was sort of an afterthought for media.

    And it’s kind of like, “Yeah, sure, you have the right to vote. You just can’t exercise it.” That seems to be one of the many undercovered or underexplored aspects here.

    KIW: Oh my gosh, we could talk for hours about this. And my partner and co-founder Dom, he is really an expert when it comes to navigating the political realities and inaccessibility of voting.

    But because of what you’ve named, this is a key part of our work at New Disabled South and New Disabled South Rising. Our (c)(4) arm is working to change media narratives around disabled people: Disabled people want to vote, have a right to vote and should be allowed to vote.

    NYT: New Voting Laws Add Difficulties for People With Disabilities

    New York Times (11/8/22)

    We’ve seen, and we continue to see, a spate of laws being passed across counties, across states, making it more difficult to access the ballot box. And we know things like—for example, getting rid of drop boxes, ballot boxes. I could spew off some statistics, but I’ll save that for another time. But when you do that, you are not only disenfranchising, effectively, large portions of people of color, of people who live in rural areas, but disabled people. And that’s not talked about.

    And so for this reason, one of the key bodies of work that we are focusing on is passing  disabled voter bills of rights in five states over the next five years. We want things like a guaranteed minimum number of accessible voting machines at every polling place. We want things like the right to turn in a completed absentee ballot at any polling location, or to be able to mail it in without having to purchase a stamp.

    These things sound very basic in conversation, like the one you and I are having, but when you have laws that have been passed to criminalize some of these things, literally making it a felony, it effectively continues to disenfranchise disabled people.

    And we’re not even yet talking about the very real barriers of transportation, being able to read materials and make sure they’re in a plain language and in a way that we can understand. So things like the right to assistance with voting, and more.

    JJ: And it always is shocking to me that, even to the extent that journalists might say, “Oh yes, these polling places are inaccessible,” I don’t see the corollary piece where they say: “What happens when we don’t have the voices of disabled people in the vote? What does it mean to disenfranchise an entire community?” Which, as you are saying, is an intersectional community.

    So it’s almost like it’s just a story about access, about curb cuts, and not about the political and social and economic and all of the impacts that come from cutting off the franchise.

    KIW: Absolutely. And that’s why we can’t stop at conversations like law, or the ADA. We have to expand the conversation to address the intersecting realities and the intersecting barriers that disabled people are facing across this country.

    Going into this next election year, we are poised to do some very powerful work. And first among that is letting people know, and this goes for progressive media outlets, progressive organizations, and of course folks on the other side alike, that disabled people are a voting bloc. We are engaged in politics and the issues that directly affect us.

    And part of our work at New Disabled South is making sure that our community is educated about the policies, the laws, all of the things that are impacting us in our lived experiences day-to-day, and sharing information, power and resources so that we can continue to organize ourselves in increasingly effective ways, so that our voices can be heard and we can start to see real change.

    JJ: I’m going to bring you back to media coverage in just a second, but I just wanted to say, the group is New Disabled South. The South is home to not just decades’ worth, but much present-day critical, deep, important organizing. And I wonder if you could speak for a moment about the particular meaning of the regionality of what you’re doing.

    Center for Budget and Policy Priorities

    States that haven’t expanded Medicaid (Center for Budget and Policy Priorities, 3/3/23)

    KIW: We know that many of this country’s disabled people are concentrated in the South, but we also know that the reality, when we talk about policies, laws, culture that is harmful to disabled people, a lot of that is concentrated in the South. A majority of states that have yet to expand Medicaid coverage, for example, are in the South.

    And so the South has this unfortunate stigma, stereotype and reality of being a place that’s less progressive, less quick to move.

    But I want to be clear, this is not because of the people in the South, right, that we are any less committed to progressive change. On the contrary, we know, with the South being the cradle of the civil rights movement, the birthplace of civil rights, and so much of the change we’ve seen in this country originating in the South, we have to do a better job of changing the narrative, and also the accountability piece.

    And that is why we’re doing our work. We decided we’re all from the South, of the South, and this is a home for us. Dom and I both have concentrated our political work, organizing work, advocacy work on Southern communities.

    Kehsi Iman Wilson

    Kehsi Iman Wilson: “If you’re talking about social justice issues, progressive issues, political issues, you need to be centering disability justice.”

    And we know that there’s immense power here. And part of what we’re working to do is eliminate the barriers to mobilizing people who are equally as passionate about these issues, so that, again, as I said, we can start to see real change.

    And we’re not willing to wait another 10 years for it. We want that change in our lifetime. We need that change now. People are literally perishing every day in the face of these laws and policies.

    As you mentioned at the introduction, kids are languishing in nursing homes, in institutions. These are real live issues that are happening across the South every single day, and we are here to help mobilize our community, policymakers, change makers, especially those in progressive space, to know if you’re talking about social justice issues, progressive issues, political issues, you need to be centering disability justice as part of that conversation.

    JJ: And we know that, first of all, it’s not just a matter, in terms of journalists, of media doing more stories that are centered on disabled people; it’s about finding the disabled people who are already in every story that you’re doing, right?

    KIW: Love that.

    JJ: You’re talking about police violence, you’re talking about voting, you’re talking about housing. All of that is a disability rights story. So thoughts about media coverage?

    KIW: Yeah, I think you’ve said some great things, it’s a real call to action. One of our funders is New Media Ventures, and early on, we spoke about centering a focus to change media narratives.

    So much of what is covered, when it comes to disabled people, the frame is one of fear or pity, which is also why we focus on disability justice and not simply disability rights, or even advocacy, which often centers a medical model, and what we call inspiration porn.

    CAP: Understanding the Policing of Black, Disabled Bodies

    American Progress (2/10/21)

    Disabled people are whole people, and we need to see the media focusing on stories that address that reality. And like you said, and I’ve never heard it said that way before, so I’m going to steal it, but it’s a matter of finding the disabled people who are already in the stories.

    Nearly half of people killed by police in the United States have a disability. When you talk about the reform of the criminal/industrial complex, the prison/industrial complex, how often are we centering the lived experiences of the reality of the disabled people in those stories? Very rarely.

    Which is why when I name statistics like that, or the fact that 55% of Black disabled men have been arrested at least once by the time they’re 28, people ooh and aw, like, “Wow, I had no idea.”

    And I could go on, of course, right? And so it’s a matter of, again, shining a light on the fact that disabled people are people, and we exist as part of every community that is at discussion in any story that needs to be covered.

    JJ: Absolutely. Well, I also wanted to say, as we both know so many stories, for example, are about the difficulties of complying with the ADA, and then there’s the whole other layer of stories about the greedy lawyers who are fighting for compliance just to shake down small business owners.

    And we do see stories about the harms of inaccessibility, but what I want to say is, I feel like we virtually never hear about the beauty of universal access, the positive vision of what a world could look like.

    It’s all like a fight between disabled people who want access and businesses, “Oh my god, it costs a lot to provide access.”

    Where’s the vision? Where’s the vision of a world that could include all of us, if that’s not too big a question for you?

    Mother Jones: Walmart Is Trying to Block Workers’ Disability Benefits

    Mother Jones (11/4/13)

    KIW: Oh, gosh, that’s a big question. But yeah, what you speak to is a lack of imagination that plagues the effectiveness of many of our movements. We create these false dichotomies, these binaries, these either/ors, and we don’t come to the table with the view of collective liberation, quite frankly, of what is possible.

    And the reality’s that if it’s good for disabled people, it’s good for everybody. Not commodifying human bodies and extracting labor and disabling people in warehouse conditions—to avoid naming any particular companies that are some of the largest employers in America—that is beneficial for everybody.

    And it speaks, also, to the type of work that you all do at FAIR.org; we know that we need reform, for lack of a better word, in terms of the media, because so much of what is covered is the negative, is the fight, is the drama, instead of shining a light on the progress, and, like you said, how is this beneficial for everybody?

    And that is how we create buy-in. So getting the media and progressive media outlets, folks who have the power to tell the story, to shift the narrative, to focus more on the ways in which accessibility is beneficial for all of us, not just disabled people, not coming from a framework of pity or inspiration, or even from a moral or ethical, you know, the hearts-and-minds approach.

    It’s common-sense good policy, and it’s the foundation of democracy. And I think we need to be talking more about those things.

    JJ: We’ve been speaking with Kehsi Iman Wilson, co-founder and COO of New Disabled South, online at NewDisabledSouth.org. Her piece, “The ADA Is the Floor, Not the Ceiling—We Need More” can also be found at InTheseTimes.com. Thank you so much, Kehsi Iman Wilson, for joining us this week on CounterSpin.

    KIW: Thank you, Janine. It’s been an honor.

    The post ‘Disabled People Are Whole People; We Need to See Media Address That Reality’ appeared first on FAIR.

    This post was originally published on FAIR.

  • Home secretary calls the court ‘politicised’ and refuses to rule out mass tagging of asylum seekers

    Suella Braverman has reiterated her wish to leave what she called the “politicised” European court of human rights (ECHR) and refused to rule out the mass tagging of asylum seekers, a move one refugee charity said would treat people as “mere objects”.

    Marking a return to the political fray after a summer recess in which a series of Home Office policy hiccups prompted speculation she could be replaced as home secretary, Braverman said the government would “do whatever it takes” to send asylum seekers to Rwanda.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Home secretary confirms government considering fitting some migrants with electronic tags

    Suella Braverman has said the government will “do whatever it takes” if its plan to send asylum seekers to Rwanda is “thwarted in Strasbourg”, and confirmed the government is considering fitting some migrants with electronic tags.

    In an interview with the BBC, the home secretary stepped up her attack on the European court of human rights (ECHR), calling it politicised and interventionist.

    Continue reading…

  •  

          CounterSpin230825.mp3

     

    This week on CounterSpin: “We’ve come a long way but there’s a long way to go” is a familiar, facile framing that robs urgency from fights for justice. It’s the frame that tends to dominate annual journalistic acknowledgement of the Americans with Disabilities Act, passed 33 years ago in late July.

    Like Black history month, the ADA anniversary is a peg—an opportunity for journalists to offer information and insight on issues they might not have felt there was space for throughout the year. As depressing as that is, media coverage of the date often doesn’t even rise to the occasion. You wouldn’t guess from elite media’s afterthought approach that some 1 in 4 people in this country have some type of disability, or that it’s one group that any of us could join at any moment.

    Likewise, you might not understand that the ADA didn’t call for curb cuts at every corner, but for an end to “persistent discrimination in such critical areas as: employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting and access to public services.” Nothing less than the maximal integration of disabled people into community and political life—you know, like people.

    And if that’s the story, it’s clear that it demands all kinds of attention, every day—not a once a year pat on the back about “how far we’ve come.”

    We talk about some of all of that with Kehsi Iman Wilson, co-founder and chief operating officer of New Disabled South.

          CounterSpin230825Wilson.mp3

     

    Plus Janine Jackson takes a quick look back at recent press coverage of the Maui fires and the climate crisis.

          CounterSpin230825Banter.mp3

     

    The post Kehsi Iman Wilson on Americans with Disability Act appeared first on FAIR.

    This post was originally published on CounterSpin.

  •  

    Janine Jackson interviewed the Center for Constitutional Rights’ Baher Azmy about the Abu Ghraib lawsuit for the August 18, 2023, episode of CounterSpin. This is a lightly edited transcript.

          CounterSpin230818Germain.mp3

     

    NYT: Soldier Who Called Out Torture in Iraq Is Laid to Rest at Arlington

    New York Times (8/8/23)

    Janine Jackson: Earlier this month, the New York Times ran a report on the Arlington National Cemetery burial of Ian Fishback, a former Special Forces officer who, as the Times said, “dared to challenge the Army on its soldiers’ sustained abuse of Iraqi and Afghan men in their custody.”

    Fishback’s testimony “unequivocally characterizing the soldiers’ behavior as torture,” the paper explained, “shattered the Pentagon’s insistence that the torture in [Abu Ghraib] was an isolated case,” but it did lead to personal harm and hardship for Fishback.

    Of course, the actions that Fishback was moved to denounce had horrific and enduring impacts on many other people, starting with the victims of the torture.

    The Times has unfortunately been not particularly interested in the stubborn insistence of those people in having their case heard. One piece in March noted that opponents of the Iraq War say that “the shame of the American abuses of prisoners at Abu Ghraib…have not been forgotten by history,” but it’s disheartening that that sentence appeared within a piece centered on how George W. Bush “doesn’t second-guess himself on Iraq.”

    The ongoing case against military contractor CACI Premier Technology, Inc., hired to provide interrogation services at Abu Ghraib, is a chance for reporters to prevent our forgetting.

    The Center for Constitutional Rights has been leading that case, which a federal judge has just said can move forward, since June 2008. We’re joined now by phone by Baher Azmy, legal director of the Center for Constitutional Rights. Welcome back to CounterSpin, Baher Azmy.

    Baher Azmy: Thank you for having me.

    JJ: If you would ground us, first of all, with some context: This case is against a military contractor, not against the US government per se, and it’s about just a handful of plaintiffs. It’s not the be-all, end-all on the horrors of Abu Ghraib, much less the invasion and the war, but it is the last case standing, and it carries meaning, within itself and beyond itself, would you say?

    BA: Yeah, that’s right. This is actually the third of three cases we brought on behalf of Iraqi victims of torture by the US government and private military contractors in Iraq and Abu Ghraib.

    One case was thrown out by the DC Federal Court of Appeals, led by Kavanaugh, with a dissent from then-Judge Garland; a second case on behalf of 71 individuals brought against a translation company, L-3 Services, that settled favorably; and this, the third, is brought on behalf of three remaining plaintiffs, three victims of torture at the so-called “hard site” at Abu Ghraib, where all of the depictions of torture we have seen were revealed.

    And it’s very challenging to sue the US military for torture, but US generals did an investigation of the torture at Abu Ghraib and identified that private military contractors, including CACI, had a preeminent role.

    CACI sent a number of untrained individuals to serve as interrogators, under a very profitable $35 million contract. And as the reports and the evidence revealed, in the command vacuum that occurred at Abu Ghraib, it was CACI interrogators who were telling military police, including people you might recognize if you’re old enough—Lynndie England, Ivan Frederick and Charles Graner—to “soften up” detainees via torture for later interrogation by CACI.

    So this seeks accountability against the private military contractor for actions that US service members spent considerable time in a military brig for, and it seeks to close that accountability gap, and hold this profit-making enterprise accountable for its clear role in contributing to the torture and abuse of our plaintiffs.

    JJ: I don’t know if it matters to say at this point that prisoners in Abu Ghraib were not criminals—these were not people who were charged and convicted—but maybe that’s worth mentioning here.

    BA: Correct. And there are clear, clear duties under the laws of war with respect [to] what is called cruel, inhuman, degrading treatment. And, notably, the judge in this case has found sufficient evidence that CACI was a direct conspirator, aided and abetted the actual torture of our clients, so enough evidence that a jury could find them liable, and that’s what we’re hoping will be the next step in front of a United States jury.

    CounterSpin: 'Has Our Country Just Gone Mad?'

    CounterSpin (5/27/16)

    JJ: CACI says, as I understand it, that since the United States would have immunity in this case, well, then, we were working for them, so we also have immunity. What do you have to say? I remember an interview with deeply missed CCR president Michael Ratner, explaining in 2004, that this idea that torture isn’t torture came in with US Attorney General Alberto Gonzales, and things went south at that point.

    But that’s CACI’s line, that since we’re acting as the government, we therefore have immunity against these charges?

    BA: Yeah, it’s interesting. The subtext of this is a really disturbing pattern among all private military contractors, which I think is seeking precisely this: Even though they act for profit, have no sovereign responsibilities, are in no way politically accountable, democratically accountable, they want to assume the same benefits as the government, as if CACI was a sovereign entity rather than a profit-making entity. That seems like a terrifying notion for me.

    And the subtext is, I think, ultimately, from a range of private military contractors, to get the law and the police to fulfill a kind of Erik Prince–ian vision, where private military contractors can go into war spaces and enjoy the same immunity as the United States government.

    And so far, the courts have plainly resisted that: You’re not allowed to assume the immunity of the United States government if you yourself have broken the law, even as a contractor.

    And the courts have rejected CACI’s argument, building on what John Yoo and Dick Cheney have said—that these are not legal questions, they’re political questions, that they’re out of the jurisdiction of the courts, what we choose to do with prisoners during wartime. And the court flatly rejected that, and said they can be accountable for torture, even if they were participating with the military.

    JJ: All right, then. Well, for many people, Abu Ghraib is a series of horrific photographs, and maybe the government’s efforts to suppress them, the media’s release of them, and then a kind of collective gasp—”shocking the conscience,” we heard.

    But then we got the sense, vaguely speaking, that since we’ve had our conscience shocked, we’ve addressed it, and so let’s all move on from that difficult time.

    But if no real deep-going, up-to-the-top accountability happens, aren’t we just setting ourselves up for the next, “Oh my gosh, that’s terrible” that’s carried out in our name?

    Baher Azmy

    Baher Azmy: “The problem with not holding high-level officials to account is these abuses get replicated and indeed escalated.” (image: Democracy Now!, 8/8/23)

    BA: I really quite agree, as someone who’s been heavily involved and early involved in the responses to the human rights crisis created by the Bush administration and the lawlessness there. I draw a connection between the kind of soft authoritarianism of the Bush administration, and the sanctioned lawlessness and demand for impunity and subverting US institutions and constraints on executive power, to the kind of hard authoritarianism that the Trump administration embraced.

    I mean, should we really be surprised by the Muslim ban that Trump escalated, given what the Bush administration tried and largely got away with? Should we be surprised with lawyers, like John Yoo in the torture context and John Eastman in the insurrection context, trying to sanction or legitimize, under law, subverting American institutions?

    I think precisely the problem with not holding high-level officials to account is these abuses get replicated and indeed escalated.

    JJ: Well, we’re going to end on that important note. We’ve been speaking with Baher Azmy, legal director at the Center for Constitutional Rights. You can track their work, including on this case, which is not closed but is going forward, at CCRJustice.org. Baher Azmy, thank you so much for joining us this week on CounterSpin

    BA: Thank you very much.

     

    The post ‘CACI Aided and Abetted the Torture of Our Clients’ appeared first on FAIR.

    This post was originally published on FAIR.

  • Three black men jailed under joint enterprise law, which is often based on ‘dubious evidence’ of gang membership, says Liberty

    The human rights campaign group Liberty has backed three black men who are contesting their murder convictions on the grounds of institutional racism by Greater Manchester police and the criminal justice system.

    Liberty has made its own submission to the Criminal Cases Review Commission to support the application made in May by the three men, Durrell Goodall, Reano Walters and Nathaniel “Jay” Williams, who are serving life sentences.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Rightwing PM Giorgia Meloni has demanded councils register only biological parents on birth certificates, leaving partners in legal limbo

    Whether it is school runs or doctors’ visits, Maria Silvia Fiengo and Francesca Pardi have always shared in the raising of their four children. But in recent months – after Italy’s rightwing government began cracking down on the listing of same-sex parents on birth certificates – the life they have forged together has been thrust into uncertainty.

    “We’re a bit worried. You never know what is going to happen,” said Fiengo. “Our children have had two parents from the very first moment they were dreamed of and brought into the world. But we’re not protected by any law.”

    Continue reading…

  • Campaigners say rape and trafficking victims have been betrayed by the Tories’ failure to appoint commissioners to defend them

    Government ministers have “heartlessly” betrayed rape and trafficking victims after failing to fill two key independent watchdog roles designed to defend human rights, campaigners have said.

    Next month, the role of the victims’ commissioner for England and Wales will have been left vacant for a year, at a time when vital legislation is passing through parliament.

    Continue reading…

  • In the ongoing session [1] of the Rajya Sabha, the seat of the former Indian Prime Minister, Dr. Manmohan Singh was shifted from first to last row, due to health issues inhibiting his ability to walk to the first row. This has led to a debate regarding the accessibility of public buildings for persons with disabilities. It leaves behind a pertinent question, when the parliament of the country is not accessible for persons with disabilities, how accessible are other buildings and offices of public importance?

    Out of all other institutions, the need to revamp the educational institutions, be it public or private is more than ever before, especially when we recently observed the 30 years of Unni Krishnan vs. The State of Andhra Pradesh [2], wherein the Right to Education was included within the ambit of Right to Life under Article 21 [3] of the Constitution of India. This right to education was later explicitly inserted under Article 21A [4] of the Constitution by way of the Constitution (Eighty-sixth Amendment) Act, [6] 2002. Reading Article 21 with Article 15 [5] of the Constitution construes that inaccessibility to educational institutions of the persons with disabilities amounts to violation of their fundamental rights.

    Under section 16 [7] of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the ‘2016 act’), government funded or government affiliated educational institutions are mandated to provide inclusive education to children with disabilities. This includes both the public and private educational institutions. However, the UDISE+ [8] data reflects that for the year 2019-20, only 0.98 percent of the children with disabilities out of the total population were enrolled at the primary level schools. Not only this, the figures for the year 2014-15, 2015-16 and 2016-17 show that, excluding the trends of senior secondary level schools for the year 2016-17, the enrolment rates have been gradually decreasing across all levels each year. This clearly indicates that the legislation, in spite of being well-intentioned, has failed to uplift the level of integration of children with disabilities.

    Primarily, the failure of the legislative provisions in place to effectuate the benefits of these welfare legislations can be attributed to two reasons. Firstly, no concrete and earnest efforts have been taken to streamline the implementation of existing legislative provisions for persons with special needs and secondly, there is a lack of institutional support from the state. In Rajive Raturi v. Union of India [9], the Supreme court argues about the shift in the approach of dealing with persons with disabilities. The court opines that the objective should not be to view them as “abnormal, deserving of pity and care, and not as individuals who are entitled to enjoy the same opportunities to live a full and satisfying life as other members of society”. Rather, the state should endeavor to uphold their dignity and to cease their exclusion from mainstream society. This can be achieved through ensuring higher rates of enrolment of children with special needs in public and private schools and universities. The aim is to broaden the discourse from mere attainment of literacy to securing higher education and employment opportunities.

    Section 16 (ii) [10] of the 2016 act mentions that the campus, building and other facilities of the educational institutions should be accessible to children with disabilities. Now, most of the educational buildings evade the mandatory application of this provision as there is no mechanism to enforce them upon the institutions. Thus, in order to effectuate the mandates of the 2016 act, there is a need for an amendment to the act to include a provision for the establishment of a ‘Regulatory Authority.’ In such a case, every public funded institution or institution officially recognised by the government, whether school or university, would have to get a ‘green signal’ from the regulatory authority. In the case of private institutions, the union and the state governments can come up with concerted schemes to allocate funds for revamping and realigning low-budget institutions according to the needs of making it accessible for persons with disabilities. In the initial period, this scheme could incentivise and provide support to the schools and colleges to comply with the guidelines of the regulatory authority.

    The regulatory mechanism could contain provisions mandating procurement of special reading materials for students with visual impairment. Every university hostel must have specific rooms catering to the needs of students with disabilities. On February 14, 2023, the apex court in Rajneesh Kumar Pandey & Ors vs. Union of India [11] sought details from the state governments of different states regarding the total number of children with special needs in the state, total special teachers enrolled and total vacancies in the state. The court also ordered to give details pertaining to the ad hoc appointment of teachers and to provide a stipulated time frame to fill up these vacancies.

    Another aspect is the institutional support from the state’s end. One instance of this could be the Nyaya Bandhu scheme, which has been initiated under the Ministry of Law and Justice of the Government of India, wherein the ministry has collaborated with 69 law schools across India in order to expedite the dispensation of legal services amongst the target groups. Under the scheme, the legal aid clinics of the law schools also receive funds on a regular basis from the ministry. Similarly, the Ministry of Social Justice and Empowerment could also collaborate with educational institutions across the country for the empowerment of students with special needs within the educational institution and beyond it. Under this scheme, a welfare committee catering to the needs and interests of the students with special needs can be established in universities and colleges.

    The 2016 act is progressive in terms of recognising the roadblocks for persons with special needs to have the ability to live a dignified and meaningful life. However, the act has achieved only a stunted outcome in terms of making the educational institutions accessible for persons with special needs. India’s present disability rights law is riddled with issues of inconsistency and non-compliance. It thus, needs to be shielded with regulatory and institutional mechanisms for its effective implementation, lest it will turn into merely a toothless tiger.

    Bibliography

    1. Disability activists flag Manmohan’s shift to Rajya Sabha last row for wheelchair. Indian Express, (March 30, 2023, 10:30 PM), https://indianexpress.com/article/india/disability-activists-flag-manmohans-shift-to-rajya-sabha-last-row-for-wheelchair-8433016/.
    2. Unni Krishnan vs. The State of Andhra Pradesh, 1993 AIR 217.
    3. The Constitution of India,1950, Article 21.
    4. The Constitution of India,1950, Article 21A.
    5. The Constitution of India,1950, Article 15.
    6. The Constitution of India, 1950, amended vide The Constitution (Eighty-Sixth Amendment) Act, 2002.
    7. The Rights of Persons with Disabilities Act, 2016, Section 16.
    8. Disability-Inclusive Education Practices in India. UNICEF, (2021), https://www.unicef.org/rosa/media/16996/file/Country%20Profile%20-%20India.pdf.
    9. Rajive Raturi v. Union of India, (2018) 2 SCC 413.
    10. The Rights of Persons with Disabilities Act, 2016, Section 16(ii).
    11. Rajneesh Kumar Pandey & Ors vs. Union of India, CWP No. 132/2016.

    This post was originally published on LSE Human Rights.