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Legal news from Tuesday, March 9, 2010




India upper house approves quota for women lawmakers
Jaclyn Belczyk on March 9, 2010 3:55 PM ET

[JURIST] India's upper house of parliament, the Rajya Sabha [official website], on Tuesday approved a bill to ensure that one-third of seats in parliament are reserved for women. The Women's Reservation Bill [2008 text, PDF], introduced [JURIST report] Monday, would increase the number of women serving in the 543-seat legislature, which currently has no gender quota, from 59 to at least 181. The bill was passed by a vote of 191-1 [Hindu report] after seven lawmakers were suspended for causing a disturbance Monday by tearing up the bill and throwing it at the chairman. The bill, which requires a constitutional amendment, will now go before the Lok Sabha [official website], the lower house of parliament, where it is expected to pass. It must then be approved by at least half the states.

The controversial legislation was originally proposed in 1996, but has been repeatedly blocked. Last year, India elected its first woman president and first woman speaker of parliament. India currently reserves one-third of seats on local governing bodies for women, and, last year, increased the quota to 50 percent.






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UN rights experts urge civilian trials for 9/11 suspects
Jaclyn Belczyk on March 9, 2010 2:39 PM ET

[JURIST] UN Special Rapporteur on human rights and counterterrorism Martin Scheinin [official website] on Tuesday urged the Obama administration to hold civilian trials for accused 9/11 conspirators, including Khalid Sheikh Mohammed [JURIST news archives]. Scheinin called [Reuters report] the military commissions [JURIST news archive] system "fatally flawed" and said that reforming the system would not help. Meanwhile, UN Special Rapporteur on torture Manfred Nowak [official profile, DOC] also argued that the suspects should face a civilian trial. A White House official said Monday that while a civilian trial for Mohammed may no longer be a realistic option, the Obama administration is working with lawmakers to allow for civilian trials [AP report] for other suspected terrorists.

On Sunday, the American Civil Liberties Union (ACLU) [advocacy website] released a full-page advertisement [image] in the New York Times, imploring President Barack Obama to fulfill his pledge to try suspected 9/11 terrorists in federal courts [JURIST report]. It was reported on Friday that White House advisers are considering recommending [JURIST report] that Mohammed be tried in a military court rather than through the civilian criminal justice system. Attorney General Eric Holder announced in November that Mohammed would be tried in a civilian court [JURIST report] in Manhattan, drawing intense criticism. Last month, Holder defended his decision [JURIST report] to charge suspected terrorist Umar Farouk Abdulmutallab [JURIST news archive], the so-called Christmas Day bomber, in US federal court. Holder, who has resisted calls from high-level Republicans [AP Report] to try Abdulmutallab in front of a military tribunal, said that the civilian criminal justice system was capable of handling his trial.






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China, India agree to non-binding climate accord
Megan McKee on March 9, 2010 1:16 PM ET

[JURIST] China and India agreed Tuesday to endorse the non-binding Copenhagen Accord [text, PDF], which calls for self-imposed limits on greenhouse gas emissions [JURIST news archive]. Some 100 countries have already agreed [NYT report] to be associated with the non-binding accord, which arose from the UN Climate Change Conference (COP15) [official website; JURIST report] held in Copenhagen in December. China and India, nations that are among the world's largest and most quickly growing producers of greenhouse gas emissions, were the last major players to sign on to the agreement. Their delay caused some concern about the agreement's credibility and potential future impact.

The UN Framework Convention on Climate Change (UNFCCC) [official website] announced [JURIST report] in February that another round of formal climate talks will be held April 9-11 in Bonn, Germany, to follow up on the recent Copenhagen conference. While no legally-binding agreement was reached at the conclusion of the COP15 in December, 192 UN member countries agreed to "take note" [press release] of the non-binding accord developed by leaders from the US, China, India, Brazil, and South Africa in an effort to limit the global temperature rise to below 2 degrees Celsius. In January, more than 50 countries, including the US, China, and EU member states, submitted plans [JURIST report] to reduce greenhouse gas emissions to the UNFCCC. Relative to 2005 levels, the US has pledged to reduce emissions to 17 percent, while China has targeted a 40 to 45 percent reduction per GDP unit. EU members pledged a 20 percent reduction below 1990 levels.






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Myanmar junta announces election laws
Haley Wojdowski on March 9, 2010 11:49 AM ET

[JURIST] Myanmar's military junta on Tuesday unveiled [NLM report] the first of five laws that will set the stage for the country's first election in 20 years. The Union Election Commission Law, the first of the five laws enacted [Al Jazeera report] Monday to be published in state-run newspapers, states that the military government will appoint the five-member commission that will supervise and have the final say on all electoral matters. The remaining four laws [AP report] cover the polls for the Pyithu Hluttaw, or House of Representatives; the polls for the Amyotha Hluttaw, or House of Nationalities, the other house of parliament; the polls for Region and State parliaments; and the Political Parties Registration Law. The National League for Democracy (NLD) [party website], the opposition party of Aung San Suu Kyi [JURIST news archive], has not committed [AFP report] to taking part in the polls, claiming that the 2008 constitution is unfair because it bans Suu Kyi from taking part in the polls and reserves a quarter of parliamentary seats for the military.

Last month, UN High Representative for Human Rights Tomas Ojea Quintana [official profile] expressed great disappointment [JURIST report] during his visit to Myanmar, stating that without certain action the elections "will not be credible." Quintana met with 15 prisoners during visits to three prisons, but his requests to meet with imprisoned opposition leader Suu Kyi and junta leader Senior General Than Shwe [BBC profile] were denied. The ruling military junta released [JURIST report] 82-year old democracy activist U Tin Oo, a decorated general and Vice-Chairman of the NLD, from six years of house arrest just days before Quintana's arrival. Thant Zin Oo, the general's son, said the release was a calculated political move [Irrawaddy report] designed to appease the UN. The government of Myanmar announced last year that it was processing grants of immunity [JURIST report] to allow prisoners to participate in the upcoming elections. Home Minister Major General Maung Oo [official website] announced in January that Suu Kyi will be released from house arrest [JURIST report] in November when her sentence is scheduled to expire. The announcement has been seen as an indication [AP report] that she will not be allowed to participate in the elections.






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Thailand government approves use of strict security law ahead of protests
Megan McKee on March 9, 2010 11:32 AM ET

[JURIST] The Thai Cabinet [official website, in Thai] on Tuesday approved the invocation of the Internal Security Act (ISA) to allow for increased security measures in anticipation of large anti-government protests. The law [BBC report] will provide more power to security forces and allow for the movement of protesters to be restricted through the imposition of curfews, checkpoints, and restrictions on the size of gatherings, in the event demonstrations turn violent. The law will be in effect [AP report] in the capital of Bangkok and the surrounding provinces from March 11 to March 23. The protests that sparked the effort to increase security are being planned by the United Front for Democracy Against Dictatorship (UDD), or the red shirts [BBC backgrounder], supporters of former prime minister Thaksin Shinawatra [BBC profile; JURIST news archive], who was removed from power in 2006 following a coup. The group has called for a peaceful march to begin throughout the nation on Friday and culminate in Bangkok on Sunday.

Last month, the Thai Constitutional Court seized [JURIST report] 46.4 billion baht (USD $1.4 billion) in assets from Thaksin for abuses of power while in office. Thaksin has been convicted of corruption in Thailand, but Cambodia has refused [JURIST reports] to extradite him. Last April, current Thai Prime Minister Abhisit Vejjajiva [BBC profile] instituted a state of emergency [JURIST report] in Bangkok and several provinces following an outbreak of protests lead by the UDD calling for his resignation. He also canceled [press release] the summit of the Association of South-East Asian Nations [official website] leaders, which was being held in the country. Abhisit called for an inquiry into the violent clashes sparked by the UDD protests, in which two died and more than 100 were injured.






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Utah governor signs bill criminalizing attempted illegal abortions
Haley Wojdowski on March 9, 2010 10:31 AM ET

[JURIST] Utah Governor Gary Herbert (R) [official profile] signed a bill [press release] into law on Monday that would allow a woman to be charged with criminal homicide if she arranges for an illegal abortion. Bill HB 462 [text, PDF] defines abortion and states that "[t]he killing or attempted killing of a live unborn child in a manner that is not an abortion shall be punished as provided in Title 76, Chapter 5, Part 2, Criminal Homicide." The legislation is in response [Salt Lake Tribune report] to a case last year where a 17-year-old girl paid a man $150 to beat her in order to induce a miscarriage. The judge in that case held that no law existed that would allow her to be charged with a crime. Also Monday, the governor vetoed the more controversial original version of the bill, HB 12 [text, PDF], because it allowed for charges when the behavior was "reckless." Legislators feared that this language would allow for unintended consequences, that women of accidental or natural miscarriages might be investigated.

Controversy over abortion laws has also continued in other states. Last week, the Supreme Court of Oklahoma [official website] ruled [JURIST report] that a state law [SB 1878, DOC] imposing broad restrictions on abortion violates the state constitution. In February, Oklahoma state court judge Daniel Owens ruled [JURIST report] that a different state law [HB 1595, PDF], making it illegal for a doctor to perform an abortion based on the gender of a fetus and requiring numerous reporting requirements, also violated the state constitution's single subject requirement. In November, an Illinois Cook County Circuit Court [official website] judge granted a temporary restraining order [JURIST report] on the Parental Notice of Abortion Act of 1995 [text] only hours after the Illinois Medical Disciplinary Board had ruled to begin enforcing the law. Earlier that month, the US Court of Appeals for the Third Circuit [official website] struck down [JURIST report] a City of Pittsburgh [official website] ordinance [text, PDF] that created a layered zone structure to prevent protesters from gathering outside abortion facilities. In June 2007, the governor of New Hampshire signed a repeal [JURIST report] of the state's parental notification law, which never took effect.






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Nigeria urged to prosecute those responsible for recent ethnic violence
Jaclyn Belczyk on March 9, 2010 10:18 AM ET

[JURIST] The Nigerian government must investigate the recent killings [press release] of more than 200 Christian villagers and prosecute those responsible, Human Rights Watch (HRW) [advocacy website] said Monday. Attacks [BBC report] blamed on Muslim herders took place near the city of Jos over the weekend, in apparent retaliation for violence between Muslims and Christians in January. HRW called on acting President Goodluck Jonathan [BBC profile] to "ensure that the military and the police act swiftly to protect civilians of all ethnicities at risk of further attacks or reprisal killings, including by conducting regular patrols throughout the vulnerable region." UN High Commissioner for Human Rights Navi Pillay [official profile] said [press release]:

The job facing the security forces and the judiciary is extremely sensitive. It is important to avoid stimulating new resentments, while at the same time ensuring that those responsible for these atrocious acts do not escape justice. This is the third round of deadly violence in the Jos region in three years, leading to a total number of deaths that may exceed 1,000. Clearly, previous efforts to tackle the underlying causes have been inadequate, and in the meantime the wounds have festered and grown deeper
Jonathan responded to the January violence by deploying more troops to the region, but HRW says the patrols have failed to protect many smaller communities.

Last month, HRW urged [JURIST report] Jonathan to to "tackle the culture of impunity" in Nigeria. HRW's letter came just days after Jonathan assumed the presidency [JURIST report] in place of ailing president Umaru Yar'Adua [BBC profile]. Yar'Adua, who suffers from a heart condition [AP report], was taken to a hospital in Saudi Arabia in November. He has since returned to Nigeria [BBC report] but has not resumed his duties as president. While HRW has called on Jonathan directly, other rights groups have petitioned international authorities to take action to prevent recurring rights abuses. Earlier in February, the Socio-Economic Rights and Accountability Project (SERAP) [advocacy website] called for [JURIST report] an International Criminal Court (ICC) [official website] investigation into the violence that took place in Jos in January. The ICC is considering [JURIST report] the petition.





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Sri Lanka parliament votes to extend state of emergency until after elections
Jaclyn Belczyk on March 9, 2010 9:10 AM ET

[JURIST] The Sri Lankan Parliament [official website] voted [press release] Tuesday to extend the country's current state of emergency until after next month's parliamentary elections. The measure, passed by a vote of 93-24 [Hindu report], was opposed by the Janatha Vimukthi Perumana, the country's main opposition party. President Mahinda Rajapaksa [official website] dissolved parliament [JURIST report] in February to prepare for the April elections, but, under the Sri Lankan Constitution [text], the president's emergency powers can only be extended for one month at a time, and the extension must be approved by parliament within ten days of the president's declaration. Rajapaksa announced last week that he would reconvene parliament [JURIST report] to seek an extension of emergency powers, claiming that the Liberation Tigers of Tamil Elan (LTTE) [JURIST news archive] still pose a threat, despite an end to the country's decades-long civil war last May.

Last month, the Sri Lankan Supreme Court rejected a petition [JURIST reports] to release opposition presidential candidate and former general Sarath Fonseka [BBC profile], who is being held over an alleged coup plot. It is believed that Rajapaksa called early parliamentary elections to harness momentum from the presidential election in January, in which he defeated Fonseka, to gain more seats in parliament for his political party, Freedom Alliance. The Sri Lankan Supreme Court ruled last month that Rajapaksa's second term [JURIST report] will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed [Al Jazeera report] the results, saying violence and vote-counting irregularities invalidated the outcome. Sri Lanka has been under a state of emergency for most of the past 27 years.






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