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Legal news from Thursday, April 26, 2012




Brazil congress passes legislation easing forest conservation laws
Dan Taglioli on April 26, 2012 4:01 PM ET

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[JURIST] The Brazilian Chamber of Deputies [official website] Wednesday passed amendments to the country's Forest Code, which requires landowners to conserve certain percentages of total acreage as forested terrain. Passed 247-184 over strong opposition, the controversial legislation eases conservation rules [BBC report] for farmers and provides amnesty from fines for illegally clearing trees. Farmers and other supporters of the bill contend that the changes will encourage greater investment in the agriculture industry, which accounts for approximately 5.8 percent of Brazil's GDP [CIA World Factbook materials]. Currently the law requires conservation of 20 percent of forested land in some areas, ranging up to 80 percent in the Amazon. While the new bill does not necessarily affect such requirements, certain Amazon landowners could reduce their coverage to 50 percent, and environmentalists contend that other changes will lead to greater deforestation and destruction of the Amazon, such as allowing farmers to cultivate land closer to hilltops and riverbanks, which are especially vulnerable to erosion when trees are removed. Opponents such as the World Wildlife Fund (WWF) [advocacy website; press release] argue that millions of acres of illegally cleared land will be legalized through amnesty, USD $4.8 million in fines will be forfeited, Brazil's economy will suffer from a damaged global reputation, standing obligations to restore illegally-cleared areas will be voided and floodplains and other sensitive areas will be opened to cattle ranching and farming. They further contend that the bill complicates the Forest Code such that it would become "nearly impossible to implement and enforce." The bill now goes to President Dilma Rousseff [BBC profile], who has 15 days to sign or veto the law.

The Federal Senate [official website] in December voted 59-7 to pass the amendments [JURIST report] to the Forest Code. In February Jayme Mello, a Senior Attorney at Nogueira, Elias, Lakowski and Matias [corporate website], wrote that the new amendments are a threat to the Brazilian environment and should be declared unconstitutional [JURIST comment]. Mello predicts the Supreme Court of Brazil will likely address the code's constitutionality regarding two issues, the "social function of property" clause introduced into the Brazilian Constitution in 1988 and the "common use" nature of Brazilian swampland that precludes it from becoming private property subject to amnesty provisions. Mello further notes that there is no Brazilian Supreme Court precedent on either matter, making predictions regarding the outcome of a relevant lawsuit nearly impossible. The UN Security Council [official website] in July made its first official statement [JURIST report] that the climate change is most likely to pose a serious threat to world peace and security.




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Wisconsin appeals court declines to lift injunction against state voter ID law
Dan Taglioli on April 26, 2012 2:27 PM ET

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[JURIST] The Wisconsin Court of Appeals for District II on Wednesday declined [order, PDF] to hear a request to overturn a temporary injunction against the state's controversial voter ID law [Wisconsin Act 23; JURIST news archive], which requires that all voters present a form of photo identification at the polls. Wisconsin Governor Scott Walker [official website] and the other named defendants in NAACP v. Walker [case materials] sought leave to appeal the injunction issued on March 6 [JURIST report] by Dane County Circuit Court [official website] Judge David Flanagan, who said that the Wisconsin law was more restrictive than similar laws that have been upheld in other states. The temporary injunction blocks enforcement of the law while Flanagan considers the case, on which he is expected to rule in late June [AP report] at the earliest. The suit was originally filed in December by the National Association for the Advancement of Colored People (NAACP), who argue that voter fraud is not widespread and that Wisconsin's law may disenfranchise minority voters.

Last week the Wisconsin Supreme Court [official website] dismissed [JURIST report] its review of NAACP and another challenge to Act 23, League of Women Voters v. Walker [case materials], leaving the state appellate courts to decide whether to lift the injunctions currently in effect against the law. The Wisconsin Courts of Appeal for District II and District IV [certifications, PDFs] had sent the cases directly to the Supreme Court last month, stating the importance of deciding the issue before the upcoming May 8 primary elections, but the state Supreme Court declined to rule. Earlier in March, Dane County Circuit Court Judge Richard Neiss blocked the voter ID law, calling it unconstitutional, and ordered a permanent injunction [JURIST report] pending appeal. There are now 31 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 15 states that require photo ID, and the issue remains controversial.




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Canada government appealing prostitution ruling to Supreme Court
Julia Zebley on April 26, 2012 12:54 PM ET

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[JURIST] Canadian Justice Minister Rob Nicholson [official website] announced [press release] Wednesday that the government will appeal [docket] a recent prostitution ruling [JURIST report] to the Supreme Court of Canada [official website]. The decision rendered three portions of the nation's current anti-prostitution law unconstitutional and imposed a 30-day period for the government to file an appeal. Nicholson spoke on the decision [Globe and Mail video] before the House of Commons [official website], saying, "Canadians can continue to count on this government to protect those that are vulnerable to this exploitation." The respondents, three professional sex workers who brought the original case, alleged [Globe and Mail report] that the timing of the appeal, at the end of the court's 30-day stay, has left them with little time to respond appropriately. The Ontario Court of Appeal [official website] ruling struck down prohibitions on the keeping of a "common bawdy house," but maintained restrictions on prostitutes openly soliciting customers, often referred to as "street prostitution." The decision is only binding in Ontario, but the court suggested that Parliament consider amending the law, as well as noting an appeal to the Supreme Court of Canada [official website] would make a binding decision for the country. The Supreme Court has not commented on whether it will take the case.

The Ontario Court of Appeal extended a stay in June that was previously extended in December 2010 of a lower court decision [JURIST reports] striking down laws banning prostitution-related activities. In March 2011, the Supreme Court of Canada agreed to review a BC Court of Appeal [official website] decision allowing a challenge to the country's anti-prostitution laws. In 2007 the Sex Professional of Canada [advocacy website] initiated an application [JURIST report] with the Ontario Superior Court of Justice [official website] challenging the three provisions on the grounds that they are inconsistent with the Charter. The challenge came on the heels of the trial of Robert Pickton [CBC case backgrounder], who was accused of murdering 26 women [indictment text], mostly prostitutes, in the Vancouver area in the 1990s. Pickton was convicted of six counts of murder [Globe and Mail report] in late 2007.




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Pakistan high court convicts PM of contempt
Julia Zebley on April 26, 2012 12:00 PM ET

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[JURIST] The Supreme Court of Pakistan [official website] convicted [order text] Pakistani Prime Minister Yousuf Raza Gilani [BBC profile; JURIST news archive] of contempt of court Wednesday for disobeying a court order to open corruption cases against President Asif Ali Zardari [official website]. The decision proscribed a symbolic punishment of "imprisonment till the rising of the Court today," and does not attach jail time nor remove Gilani from public office, which were potential penalties [JURIST report] when charges were announced. Gilani's party, the Pakistan People's Party [official website], lamented the ruling [press release] in a meeting of party leaders:
[T]he meeting expressed dismay that an elected Prime Minister of the country had been sentenced for upholding the Constitution and supremacy of the Parliament. It also noted with disappointment that while no dictator had been punished for suspension and abrogation of the Constitution a democratically and unanimously elected Prime Minister had been sentenced for upholding the Constitution. It expressed concern over attempts to dismiss an elected government and an elected Prime Minister.
Gilani has yet to make a statement, but his lawyer stated that he will appeal the ruling [Bloomberg report]. If the ruling stands, it empowers the National Assembly of Pakistan [official website] to remove Gilani from office if it desires.

The Supreme Court charged and issued a summons demanding Gilani appear [JURIST reports] in February. The month prior, Gilani honored previously issued summons by appearing before the Supreme Court to answer contempt charges [JURIST reports] and explain why he failed to purse corruption charges against Zardari, who is accused of using Swiss bank accounts to fund bribes. The conflict between the prime minister and the court stems from an order that struck down [JURIST report] the National Reconciliation Ordinance (NRO) [text] in 2009, which granted immunity to Zardari and 8,000 other government officials from charges of corruption, embezzlement, money laundering, murder and terrorism between January 1986 and October 1999. These proceedings reflect an ongoing struggle between the government and the courts in Pakistan. In December, the Supreme Court formed a judicial committee to investigate a secret memo [JURIST report] sent from an unknown Pakistani source to US Admiral Mike Mullen in May asking for help in preventing a suspected army coup.




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Kenya senior judges declared unfit
Katherine Getty on April 26, 2012 11:12 AM ET

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[JURIST] Kenya dismissed four senior judges on Wednesday after an independent board found that they lacked integrity and were incompetent. The men removed from their position were Riaga Omollo, the Chief of the Court of Appeals, Samuel Bosire, Emmanuel Okubasu and Joseph Nyamu. Five other judges were cleared of any suspicion [Angola Press report] in the proceedings. The investigative panel was set up in 2008 following post-election violence [JURIST news archive]. Previous attempts to clean up the judiciary have failed and been seen as more political actions than anything else. The panel said that the judges were removed for incompetence and because they lacked impartiality. Some of them also admitted to taking bribes during their careers. One of the judges was even accused of condoning torture [Bernama report]. The four judges have seven days to launch an appeal.

In June, the Judicial Service Commission (JSC) [official website] selected five appointees [JURIST report], one woman and four men, to serve on the nation's first Supreme Court. Kenya has seen a relative transition to peace in recent years as the country has tried to curtail the president's powers and end the violence. President Mwai Kibaki signed a new constitution [JURIST report] into law in August 2010 as part of a reform movement aimed at curbing vast presidential powers. Kenya's new constitution includes numerous checks on presidential authority, among which are the creation of a supreme court and senate. The new constitution was approved [JURIST report] by popular referendum earlier that same month. The creation of a new constitution was part of a power-sharing agreement [JURIST report] reached in 2009 between Kibaki and opposition leader Prime Minister Raila Odinga [official website] that brought to an end the civil unrest that followed the contested election.




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UN rights chief says NGO restrictions undermine human rights
Katherine Getty on April 26, 2012 10:13 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] expressed concern [press release] Wednesday that recent restrictions on non-governmental organizations (NGOs) in a number of countries may fundamentally effect freedoms and human rights. Pillay highlighted Egypt, Cambodia, Ethiopia, Belarus, Israel and Venezuela as examples of countries that have enacted laws that are curtailing freedoms of NGOs. The most dangerous restriction to NGOs comes from laws the restrict freedom of association, or what Pillay calls "the lifeblood" of NGOs. Without such freedoms she foresees possible irreparable damage to NGOs. She urged these countries to rethink the legislation:
NGOs must be able to operate free from executive interference. They must be consulted and included in policy decisions, particularly when a state is undergoing major transformational or transitional processes. And they must not be penalized for criticizing or questioning state policies and processes. Governments need to understand that collaboration with civil society is not a sign of weakness. It is the way to build a better, more inclusive, society—something all governments should be trying to do, and something they cannot manage on their own.
Pillay noted that the freedom of association that is being damaged or destroyed is encapsulated in numerous human rights treaties including Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights [text], the latter of which is a binding treaty that all of the above countries have signed.

The 2009 Ethiopian law has been met with harsh criticism from Amnesty International [JURIST report] in recent weeks, with the organization alleging that the law is sabotaging charity work and undermining human rights in the country. Egypt's crackdown on NGOs has drawn criticism for months. In January, the Egyptian government denied cracking down on pro-democracy NGOs after officials raided the offices of 17 different NGOs [JURIST reports] the previous week. In September 2011 the UN Special Rapporteur on human rights in Cambodia Surya Subedi [official profile] urged the Cambodian government to review [JURIST report] a proposed law that would hinder NGOs efforts in the country, while at the same time praises human rights efforts in the country.




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Charles Taylor convicted of war crimes
Jaclyn Belczyk on April 26, 2012 9:34 AM ET

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[JURIST] The Special Court for Sierra Leone (SCSL) [official website] on Thursday convicted [judgment summary, PDF; press release, PDF] former Liberian president Charles Taylor [BBC profile; JURIST news archive] on all 11 counts of war crimes and crimes against humanity during Sierra Leone's decade-long civil war. Trial Chamber II found unanimously that Taylor aided and abetted Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC) forces. Taylor is the first head of state to be tried and convicted by an international tribunal. The verdict was welcomed by the Office of the Prosecutor [press release, PDF], the UN High Commissioner for Human Rights [press release] and other members of the international community. A sentencing hearing is scheduled for May 16, and sentencing will take place May 30. The court may not impose the death penalty or a life sentence. Both the prosecution and the defense will have the opportunity to appeal within 14 days of the sentence.

In February Taylor's lawyers asked that the SCSL reopen the case [JURIST report] in light of new evidence, but the request was denied. The SCSL heard closing arguments [JURIST report] in March 2011. Closing arguments were originally set to begin a month earlier, but were postponed pending an appeals chamber decision to accept the defense's final written brief [JURIST reports]. The trial chamber originally disregarded the brief because it was 20 days late. Taylor has denied the charges [JURIST report] against him, which include murder, rape, sexual slavery and acts of terrorism stemming from from a "campaign to terrorize the civilian population" of Sierra Leone [JURIST news archive]. Taylor's defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia. His trial continued after the court denied his motion for acquittal [JURIST report] in May 2009.




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