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Legal news from Thursday, July 5, 2012 |
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Peru legislature approves pension fund reform
Sung Un Kim on July 5, 2012 4:30 PM ET

[JURIST] The Congress of Peru [official website, in Spanish] on Wednesday approved a bill that would reform the country's private pension system. The bill, which will increase the number of workers while lowering the fees for contributors, was passed with a 11-10 vote [Reuters report; text, PDF, in Spanish] with one abstention. Peru's current four private pension funds, which amounts to $30 billion in deposits representing 20 percent of the country's GDP, has been criticized for including only about 30 percent of all workers while maintaining high fees. The reform will lower the fees, which are currently about two percent of monthly salaries, and increase the number of workers included in the funds by 40 percent. The fees charged for the funds will be based on assets under management. The reform also aims to increase competition and will require independent workers earning 1.5 times the monthly minimum wage to contribute ten percent of their income to one of the four pension funds.
Wednesday's approval of the reform to the country's pension fund was the first in 19 years. Chile had reformed [NYT report] its pension fund system under its president Michelle Bachelet [Britannica profile; JURIST news archive] in 2008 after a previous reform in 1981. The pension system faced difficulties including a large number of workers due to its high administrative costs. The reform had proposed, among others, a replacement of the minimum pension and the Pensiones Asistenciales by a tax-funded solidary pension system (SPS) which included all citizens older than 65 years who live in the country for at least 20 years but do not have a private pension. Mexico had also reformed [World Bank report] its pension system in 1997 remodeling it after the Chile's reform of 1981 based on a multipillar approach that includes redistribution, mandatory individual savings accounts and competitive pension fund management as well as voluntary savings.


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Human Rights Council passes resolution to protect Internet speech
Rebecca DiLeonardo on July 5, 2012 2:46 PM ET

[JURIST] The UN Human Rights Council [official website] on Thursday passed the its first-ever resolution to protect the free speech of individuals online. The resolution was approved by all 47 members of the council [Reuters report], including China and Cuba, who have been criticized for limiting Internet freedom. The resolution is written to guarantee Internet freedom, including the free flow of information and freedom of expression. It was passed at the 20th Session [materials] of the council in Geneva. While the resolution is the UN's first on the issue, the UN International Telecommunication Union has applied the principle since 2003. The US co-sponsored the Swedish-led motion with countries that included Brazil and Tunisia.
Internet Freedom remains a controversial issue around the world. Last month, the Chinese Ministry of Information and Technology revealed its proposed changes to Chinese Internet law [JURIST report] that seek to limit the ability of users to post anonymous comments on micro-blogs and forums. A Bangkok criminal court in May sentenced [JURIST report] Chiranuch Premchaiporn, webmaster of independent Internet news site Prachatai, to an eight-month suspended sentence for failing to delete defamatory comments against Thailand's royal family. Earlier that month, a Dutch court ordered [JURIST report] Internet service providers in the Netherlands to block the file-sharing website The Pirate Bay or else pay a fine of USD $12,750 per day.


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Mexico electoral authorities will recount presidential votes
Sung Un Kim on July 5, 2012 2:27 PM ET

[JURIST] After finding evidence of inconsistencies Mexico's electoral authorities on Thursday announced that they will recount votes cast in Sunday's presidential election. Andres Manuel Lopez Obrador [official website, in Spanish] of the left wing party Partido de la Revolucion Democratica [party website, in Spanish] requested [Telegraph report] a total recount after he finished second behind the leading candidate Enrique Pena Nieto of the county's ruling party Partido Revolucionario Institucional [party website, in Spanish]. Obrador accused [BBC News report] Nieto of breaking electoral rules through his party having bought votes. Nieto has denied the allegations. The Federal Electoral Institute (IFE) [official website, in Spanish] said that votes cast at 78,012 of the 143,132 polling stations would be recounted. According to the country's electoral law, votes are recounted if: 1) there are inconsistencies in the final tally report
2) the result shows a difference of one percentage point or less between the first and second-placed candidate
3) all the votes in one ballot box are cast in favour of the same candidate
Obrador claimed that the electoral process was not fair because his opponent and his party spent more than the allotted electoral budget. The final official result is expected to be announced by next Sunday but the IFE has until September 6 to address complaints and formally declare a president-elect.
A similar tension between presidential candidates occurred in 2006 when the incumbent Mexican president Vicente Fox [Britannica profile] was blocked [JURIST report] from delivering the traditional state of the nation address before the country's Congress [official website, in Spanish] by protesting leftist lawmakers supporting presidential candidate Obrador. In August the country's Federal Electoral Tribunal (FET) [official website, in Spanish] rejected most challenges dismissing fraud allegations brought by Obrador who filed over 200 separate complaints challenging the preliminary vote count [JURIST reports]. During the same month supporters of Obrador had gathered outside of the FET to protest the court's decision not to hold a full recount [JURIST reports] of July's election.


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UN expert calls for international prevention of racial discrimination
Sung Un Kim on July 5, 2012 1:53 PM ET

[JURIST] UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Mutuma Ruteere [official website] on Tuesday called on the international community [report, PDF] to be wary of signs of racism that could lead to escalated conflicts and human rights violations. In his report to the UN Human Rights Council [official website] Ruteere discussed the need to increase preventive measures to address racial discrimination by ensuring the participation of discriminated groups in public and political life and promoting equal opportunities in social and economic areas. Ruteere noted that, among other key players, states have to implement such measures by creating legal and policy frameworks that will monitor, report and prevent racism and other types of discrimination. He also called political parties to combat discrimination which increase amid the existing economic uncertainty and the rise of unemployment:[The Special Rapporteur] however notes that the prevention framework both at national and international levels remains weak and that consequently human rights violations persist with regard to racism, racial discrimination, xenophobia and related intolerance. He points out that the importance and value of preventive measures cannot be overemphasized. Indeed there is a significant need to further reinforce and implement preventive measures for more progress in the elimination of all the manifestations of racism, racial discrimination, xenophobia and related intolerance. Ruteere recommended key players to implement specific national action plans that would "promote diversity, equality, equity, social justice, equality of opportunity and the participation of all" and adapt reporting mechanism that would monitor racism to eliminate such before escalating to a full conflict and other human right violations.
Racism and discrimination have been a constant issue worldwide. Discrimination against lesbian, gay, bisexual and transgender (LGBT) people has been of specific recent focus of the international community. Last week, UN Secretary-General Ban Ki-moon [official profile] praised [official statement, text] the work of human rights activists for the right of LGBT people while calling for an end [JURIST report] to discrimination based on sexual orientation. He announced that he and his office will push the leaders of the international community to address the issue, noting that they have a legal obligation to do so. Last month the National Coalition of Anti-Violence Programs (NCAVP) released a report [JURIST report] concluding that in the US, incidents of hate-based murders against LGBT individuals increased in 2011. Also in June Human Rights Watch [advocacy website] urged [JURIST report] the Bulgarian Justice Minister Diana Kovacheva to denounce calls to violence by anti-gay groups in anticipation of a LGBT pride parade in Sofia, Bulgaria. During that same month Ugandan Minister of State for Ethics and Integrity Simon Lokodo stated that the government was not discriminating based on sexual orientation, a statement that came days after the government had announced that it would ban at least 38 non-governmental organizations that are accused of recruiting children to homosexuality [JURIST reports]. Earlier that month a prominent Russian gay rights activist filed a complaint [JURIST report] with the European Court of Human Rights (ECHR) challenging a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. The ECHR ruled that a Moldova law banning gay groups from protesting in front of the country's parliament violated citizens' rights [JURIST report] to peacefully assemble and to be free from discrimination.


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New York court upholds order forcing Twitter to turn over user data
Rebecca DiLeonardo on July 5, 2012 1:24 PM ET

[JURIST] The Criminal Court of the City of New York this week upheld a subpoena [order, PDF] forcing social networking site Twitter [corporate website] to turn over account information for one of its users. The District Attorney's office requested the user data to aid in the investigation of Malcolm Harris, a Twitter user who has been charged with disorderly conduct and is under investigation for his activities during a protest. Twitter filed a motion to quash the subpoena after the court ruled in April that Harris did not have standing to challenge the order. The court reasoned that Harris and other social networking users do not have a proprietary interest in the material they share with Twitter. Among the data sought are Harris's email address, "tweets" posted to the site and IP addresses connected with postings during a three-month period. The American Civil Liberties Union (ACLU) [advocacy website] filed an amicus brief [text, PDF] supporting Harris and Twitter, arguing that the government must obtain a warrant in order to access the Twitter account and that Harris should be able to challenge the subpoena himself in court. Aden Fine, an ACLU Senior Staff Attorney, expressed disappointment with the decision [press release]:The government shouldn't be able to get this sensitive and constitutionally protected information without a warrant and without first satisfying First Amendment scrutiny. Because the D.A. didn't do that here, it shouldn't be permitted to obtain this information about Mr. Harris's Twitter activities ...Twitter should continue to be applauded for stepping in and challenging this particular subpoena. The unfortunate reality, however, is that Twitter and other Internet companies cannot challenge every one of these requests for information about one of their millions of users. That is why it is so important that individuals be allowed to go to court to protect their own rights, and that is why this court's decision is so wrong. Twitter is now required to turn over the information to the District Attorney's office. Fine said he hoped the issue would be reconsidered by a higher court.
Internet privacy issues in the US have become increasingly controversial in recent years. A judge for the US District Court for the District of Columbia in February dismissed a suit [JURIST report] from the Electronic Privacy Information Center (EPIC), a consumer privacy group, asking the Federal Trade Commission (FTC) to block Google's proposed privacy policy changes. EPIC brought suit against the FTC earlier that month [JURIST report]. The new policy allows user information to be shared among different Google products, including YouTube, Gmail, and Google Maps. Last year, US Senator Patrick Leahy (D-VT) introduced a bill [JURIST report] amending the 25-year-old Electronic Communications and Privacy Act (EPCA), which he authored, to require the government to obtain a warrant before searching private e-mails and other data stored on an Internet cloud. Earlier that month, US Representatives Edward Markey (D-MA) and Joe Barton (R-TX) released a draft bill that would restrict companies [JURIST report] from tracking the Internet activity of minors without parental consent.


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Expert panel claims Fukushima Daiichi nuclear crisis was preventable
Sung Un Kim on July 5, 2012 1:01 PM ET

[JURIST] A Japanese expert panel on Thursday issued a report claiming that the March 2011 Fukushima Daiichi nuclear disaster [IAEA backgrounder] was preventable. In the 641-page document the panel claims that the accident was not caused solely by the earthquake [Reuters report] and subsequent tsunami, but the inability of the government, regulators and the Fukushima Daiichi plant operator, Tokyo Electric Power Co. (TEPCO) [corporate website], to act quickly enough to prevent the disaster. Among the criticized was also the then-Prime Minster Naoto Kan [Bloomberg backgrounder] who resigned [Guardian report] last year after a widespread criticism of his handling of the natural disaster and Fukushima nuclear crisis. The experts claimed that regulators have failed to adopt global safety standards that would have prevented the crisis by focusing on other management priorities due to falling demand of nuclear energy. The panel called for strict checks on all reactor plants, comparing them with guidelines set in 2006 and noting that all of the country's reactors may have the potential to cause a crisis similar to Fukushima Daiichi.
In June more than 1,300 people filed a criminal complaint [JURIST report] against TEPCO for the March 2011 crisis and for the plaintiffs' resulting radiation. The complaint named as defendants Tsunehisa Katsumata, the chairman of TEPCO, Masataka Shimizu, the former president of the company, and Haruki Madarame [Washington Times profiles], the chief of the Nuclear Safety Commission, along with 30 other executives. In March, the executives of the company faced another complaint filed [JURIST report] by a group of shareholders in the amount of USD $67 billion for similar claims. They claimed that the company failed to prevent the March 2011 disaster by ignoring warning signs and failing to take appropriate measure to mitigate damages in the event of an earthquake and ensuing tsunami. The March 2011meltdown is considered one of the biggest man-made environmental disasters of all time and the largest nuclear accident since Chernobyl in 1986. Japan has been criticized for its handling of the crisis, and international reception to nuclear energy has fallen sharply since the incident. In a Forum op-ed, Fukushima Illustrates Need for Nuclear Policy [JURIST op-ed], Tamar Cerafici of the Cerafici Law Firm discussed how the Fukushima disaster should guide US policy. Last August Japanese lawmakers voted to create a fund to compensate victims [JURIST report].


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Spanish court open case against officials of nationalized bank
Sung Un Kim on July 5, 2012 12:29 PM ET

[JURIST] A Spanish court on Wednesday opened the case against former executives of Bankia [corporate website, in Spanish], including former IMF-chief Rodrigo Rato [IMF profile], for allegations of fraud, price-fixing and falsifying accounts. The Supreme Court of Spain [official website, in Spanish] accepted the case [Reuters report] but did not determine a specific date for the hearings. The lawsuit was brought by one of the smaller political parties, and alleges fraud on a total of 33 officials. If convicted the accused may face a prison sentence from six months to six years, although Spanish corruption cases rarely end in convictions. Regardless Bankia has been the target of recent public ire since last year when the bank engaged in crowd funding, a method to raise money by drawing cash from ordinary citizens, many of whom lost their investments. Over 500 minority investors, most of whom were attracted to invest by the bank's drawing last July and suffered financial losses because of the fall of the bank's stock prices, are seeking to start preparing next week for a class action against the bank for compensation. Last month Bankia requested a government bailout [Telegraph report] in the amount of 19 billion euros (USD $24 billion) to help lift itself out of its current financial crisis.
Last month, Spain's public prosecutor's anti-corruption unit had began its investigation [JURIST report] against the bank to determine whether there was sufficient ground to take penal action against it. Protesters from the "indignados" [advocacy website] movement announced that it will take civil and criminal legal action against the bank and its former chairman on June 14 and that they have already raised 15,000 euros. The same day, the European Commission [official website] announced [JURIST report] a proposal that would address the problems of bailing out large banks with public funds during financial crises in the future. The 171-page proposal is a response to the financial crisis of 2008 in which the European public authorities, including Spain, had to bail out large financial institutions, leading the European Commission to approve 4.5 trillion euros (equivalent to 37 percent of EU GDP) to go to those failing companies. Several EU member states face financial instability which may have detrimental effects on other member states. Earlier this month, Ireland voters approved [JURIST report] the Treaty on Stability, Coordination and Governance [text, PDF] aimed at improving fiscal discipline and promoting greater financial information disclosure between EU member states because of its current financial situation. Similarly, Spain's major political parties reached an agreement [JURIST report] in last August to modify the country's constitution that was to regulate the limits of the national deficit in order to avoid risks of debt crisis and a bailout.


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UN military official reports Syria committed to ending violence
Rebecca DiLeonardo on July 5, 2012 11:03 AM ET

[JURIST] UN Chief Military Observer in Syria Major-General Robert Mood on Thursday stated that he believed Syrian authorities were committed to implementing the peace agreement that was reached earlier this week. Mood confirmed [UN News Centre report] that the Syrian government was serious about administering the six-point peace agreement [JURIST report] reached on Saturday, designed to aid Syria in ending the violence that has occurred in the country over the last 16 months. The agreement outlines steps that the international community and Syria must take for a successful transition, including ending violence, providing access for humanitarian groups to reach those in need, releasing detainees, beginning inclusive political dialogue and permitting unrestricted access to both Syrian and international media outlets. Mood, who works with the UN Supervision Mission in Syria (UNSMIS) [official website], confirmed that the UN would continue to provide humanitarian support as the violence subsides. The three-month authorization of the UNSMIS officially ends on July 20, but Mood stated that the UN's commitment to Syria would remain strong.
Syria has been plagued with violence over the past year and a half, and human rights groups have blamed both the government and anti-government groups for the resulting deaths. Last week a UN commission stated that Syrian forces "may have been responsible" for the killing of more than 100 civilians [JURIST report] in Al-Houla last month. Syrian President Bashar al-Assad, however, said earlier this month that the government had nothing to do with it [JURIST report] and that "not even monsters" would carry out those attacks. In April the UN Security Council approved a resolution [JURIST report] to send 300 unarmed soldiers and other humanitarian aid to supervise the implementation of a peace plan. This came after Human Rights Watch (HRW) released a report [JURIST report] stating that Syrian security forces had killed more than 100 civilians and opposition fighters in recent attacks. In March, HRW also reported on and linked to videos of Syrian forces rounding up civilians [JURIST report], including women and children, and forcing them to walk in front of soldiers and tanks during troop movements and attacks so that opposition fighters would not shoot at them.


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