JURIST - Paper Chase: Monday, January 2, 2012

[JURIST] On Sunday, January 1, 2012, a number of new state laws took effect ranging from abortion, gay rights, immigration and more. California became the first state to require public schools to teach the positive contributions of gays and lesbians [AP report], and added individuals with disabilities to the list of people whose contributions are to be included in California and US history lessons. In addition, the first part of the California Dream Act took effect on Sunday which allows students who entered the country illegally as children to obtain private financial aid to attend public colleges in California. The second part of the act, set to take effect on January 1, 2013, will allow illegal immigrants to obtain state funded aid to attend state universities. In contrast, a new South Carolina law [AP report] will require employers to first consult a federal database before hiring employees to ensure that workers are in the country legally. Laws allowing same-sex couples to enter into civil unions [Baltimore Sun report] also took effect in Delaware and Hawaii.

In Alabama, a tough immigration law [AP report] requires all employees doing business with a government entity to use the E-Verify federal system to check the eligibility of all employees in the country. A similar law in Georgia took effect to require business with 500 or more employees to use E-Verify to ensure all employees are legally in the country. In New Hampshire, a law took effect requiring girls to tell their parents or a judge before getting an abortion. A new Oregon law eliminated the employment related exemption for the ban on cell phones [AP report] while driving. The exemption in place permitted the use of cell phones if the device was necessary for employment purposes. Also, a new Oregon law increases the penalty for driving under the influence, making even first time offenses more costly. Washington has a new campaign finance law [AP report] that makes it more difficult to obscure the source of funding for political campaigns.

[JURIST] Fiji's military ruler, Commodore Josaia Voreqe "Frank" Bainimarama [BBC profile] announced [text] Sunday that the nation's state of emergency laws will be lifted this week to facilitate a nationwide consultation process for a new constitution. The announcement was cautiously welcomed by longtime regional critics [Sydney Morning Herald report], Australia and New Zealand. Local opposition politicians and critics — often victims of harsh censorship regulations — have not yet commented [AFP report]. Skepticism remains about military involvement [VOA report] in the election process Bainimarama promised to hold in 2014. Although the Commodore did not indicate what laws would replace the emergency laws enforced through Public Emergency Regulations (PER) [text, PDF], he warned "public order, protecting the vulnerable and safeguarding the economy will always be paramount." Bainimarama also indicated:

There are certain features of the new constitution that will be non-negotiable. The constitution must establish a government that is founded on an electoral system that guarantees equal suffrage - a truly democratic system based on the principle of one person, one vote, one value; We will not have a system that will classify Fijians based on ethnicity; and, Our young men and women, those 18 years old must have the right to vote.

It remains unclear what effect, if any, lifting the PER — which requires official approval for meetings of more than three people — will have on the military government's Media Decree [The Australian report; text, PDF].

Fiji's military government has faced increasing international criticism since Bainimarama came to power in a bloodless coup in 2006 [JURIST report]. In October 2010, Mahendra Chaudry, a former prime minister who lost power in a coup in 2000, and the current opposition leader, were arrested by military authorities [JURIST report] for allegedly holding public meetings in violation of the PER. In April 2010, international rights organizations voiced concern about the Media Decree [JURIST report] the Fijian government later approved, which provides for significant fines, up to five years' imprisonment of journalists, and requires registration and local ownership of mass media entities. In September 2009, the Commonwealth of Nations suspended Fiji [JURIST report] from its organization because it failed to meet the deadline for reinstating a constitutional democracy and opening a national dialogue. In July 2009, Bainimarama announced plans to establish a new constitution by September 2013 [JURIST report] prior to the elections planned for September 2014. In May 2009, the Pacific Islands Forum suspended Fiji's membership [JURIST report] in the 16-nation bloc after Fiji's current military government failed to meet a deadline to schedule elections.

[JURIST] Myanmar President Thein Sein [BBC backgrounder] signed a clemency order on Monday that shortens sentences for many prisoners on humanitarian grounds in celebration of Myanmar's independence day. The presidential order commuted death sentences to life imprisonment [AP report], reduced sentences of over 30 years to 30 years, those between 20 and 30 years were reduced to 20 years, and sentences of fewer than 20 years were cut by one-fourth. The announcement fell short of the anticipated clemency for political dissidents, as urged in an open letter [text] published by the Myanmar National Human Rights Commission (MNHRC). Myanmar's government proclaimed [AFP report] that the clemency order was issued on the grounds of national solidarity and humanitarianism. It remains to be seen whether or not political prisoners are included within the scope of the clemency order. Releases are expected to begin Tuesday.

Myanmar's nominally civilian government has implemented numerous political reforms since winning the first elections held in 20 years in March 2011. Earlier in December, the government approved a bill [JURIST report] that would give citizens the right to conduct peaceful protests, provided that they receive prior governmental authorization. In October, Sein released over 200 political prisoners [JURIST report]. In September, Myanmar's government created the MNHRC [JURIST report] to safeguard citizens' constitutional rights. Myanmar authorities released [JURIST report] pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive], ending her almost eight years under house arrest.