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Legal news from Tuesday, January 15, 2013 |
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HRW: Eritrea mine investors risk complicity in human rights violations
Samuel Franklin on January 15, 2013 12:15 PM ET

[JURIST] Investing in Eritrea's mines without assurance of fair labor practices could lead to allegations of complicity in human rights violations, Human Rights Watch (HRW) [advocacy website] warned [text] Tuesday. The 29-page report, titled "Hear No Evil: Forced Labor and Corporate Responsibility in Eritrea's Mining Sector," documents the failure of Vancouver-based company Nevsun Resources [corporate website] to prevent forced labor practices in the construction of its mine. Nevsun was the first company to develop an operational mine in Eritrea. After beginning its gold ore excavation in 2011, the company produced [HRW press release] upwards of $614 million worth of ore in its first year of operation. HRW alleges that the Eritrean government's national service program requires all able-bodied men and women to serve indefinitely as conscripts for the government, and it assigns some of these conscripts to state-owned construction companies. It forces citizens into terms of forced labor, and HRW claims participants are regularly subjected to torture, abuse and threats of violence against family members for misconduct or attempted desertion. The government then allegedly exerts pressure on international mining firms to hire these companies to develop the infrastructure for their projects. These allegations were also documented in a 2009 HRW report titled, Service for Life: State Repression and Indefinite Conscription in Eritrea [text].
The international community has become increasingly concern with forced labor issues and human rights abuses in Eritrea. In June UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [JURIST report] Eritrea for its failure to address the human rights violations in the country. These sentiments came on the heels of the US State Department [official website] Trafficking in Persons Report 2009 [22 USC § 78 text], which added Eritrea and five other countries to its list of countries with the worst human trafficking records. In conjunction with the report's publication, Secretary of State Hillary Clinton [official profile] called for an end to what she sees as "modern slavery," and emphasized the broad global impact such trafficking can have on national economies and public health and safety.


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UN Security Council urged to refer Syria to ICC
Samuel Franklin on January 15, 2013 11:26 AM ET

[JURIST] More than 50 countries asked the UN Security Council [official website] on Monday to refer the situation in Syria [PDF] to the International Criminal Court (ICC) [official website]. In this joint letter, Switzerland, along with 56 other states from all continents, noted the Syrian authorities' failure to investigate and prosecute [AI report] war crimes allegedly committed since March 2011 as the basis for much-needed accountability and judicial action in the region. The letter stated: "Since [March 2011], the situation on the ground has only become more desperate, with attacks on the civilian population and the commission of atrocities having almost become the norm." Due to the fact that Syria is not a party to the Rome Statute, the founding treaty of the ICC, the only way to investigate the matter is to receive a referral from the UN Security Council.
More than 60,000 people have been killed [JURIST report] during a 21-month-old revolt against Syrian President Bashar al-Assad [BBC backgrounder], which began with protests that quickly turned into violence between Assad's forces and demonstrators. A study carried out by the UN Office of the High Commissioner for Human Rights [official website] reported that the average number of deaths per month has increased significantly since the summer of 2011, where the average was approximately 1,000 per month, to an average of 5,000 deaths per month since July 2012. In October UN High Commissioner for Human Rights Navi Pillay [official profile] urged [JURIST report] world powers to work toward ending the suffering in Syria, emphasizing uniformity and cooperation amongst leaders to quell the violence. One year ago UN Secretary General Ban Ki-Moon [official profile] demanded [JURIST report] that Syrian President Bashar al-Assad end the violence against the Syrian people. Ban called for an embrace of democracy and real reform in Syria and throughout the Middle East.


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Pakistan Supreme Court orders arrest of prime minister
Julie Deisher on January 15, 2013 11:26 AM ET

[JURIST] The Supreme Court of Pakistan [official website] on Tuesday ordered the arrest of Prime Minister Raja Pervez Ashraf [BBC profile] and 15 others over allegations of accepting bribes and approving power generation projects during his tenure as Minister for Water and Power. The court order [BBC report] states that Ashraf and the others should be arrested and produced before the court within 24 hours. According to Pakistan's Federal Minister for Information and Broadcasting Qamar Zaman Kaira [official profile], the law ministry and prime minister have not yet received a written order from the Supreme Court. Ashraf has denied the allegations.
Ashraf's brief term as Prime Minister has been fraught with conflict and tension between the executive and the judiciary. Ashraf's predecessor, Yousuf Raza Gilani, was forced out as prime minister last June after the Supreme Court convicted him of contempt [JURIST report] for failing to pursue a corruption case against the president. In July, only a month after Ashraf became prime minister, the Supreme Court ordered him to reopen the investigation [JURIST report] against President Asif Ali Zardari [official website] within three weeks. The National Assembly of Pakistan [official website] approved a bill [JURIST report] to shield senior officials from contempt of court proceedings, which was widely seen as an attempt to exempt Ashraf from possible claims of contempt for failing to follow the order. When Ashraf did not do as the court requested, the Supreme Court granted him [JURIST report] another two weeks to comply with its order. When in early August Ashraf still did not reopen the investigation, the court ordered [JURIST report] him to appear and explain his refusal to comply with the July orders. After his appearance in court, the Supreme Court then granted Ashraf an additional three weeks to reopen the corruption case. Finally, in mid-September, Ashraf agreed to allow the corruption case to be reopened [JURIST report].


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Europe rights court rules in religious freedom cases
Peter Snyder on January 15, 2013 11:15 AM ET

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [text, PDF] Tuesday in four landmark cases concerning the balance between religious freedom and equity laws protecting individuals from discrimination. In one case, the ECHR ruled in favor of a British Airways employee who had been instructed not to wear a crucifix at work. However, in two other cases it ruled that employers did not violate their employees' religious rights after disciplining them for refusing to offer services to homosexual individuals. It also turned down an appeal from a woman who was not allowed to wear a crucifix at the hospital that employed her because she did not show that her Muslim co-workers who wanted to wear religious clothing and articles were treated more favorably than Christian workers. In its decisions the court cited Article 9 of the European Convention on Human Rights [text, PDF], which protects the rights to freedom of thought, conscience and religion. It is expected that the losing plaintiffs will appeal the decision to the ECHR Grand Chamber. If upheld, these decisions will force employers to find a balance between protecting their employees' religious rights and not discriminating against other groups of people, especially members of the LGBT community.
Increasing laws protecting homosexuals from discrimination have caused conflicts between secular governments and those religious institutions that take issue with homosexuality. In 2010 the UK Charity Commission [official website] ruled [JURIST report] that the Catholic social services agency Catholic Care [agency website] may not restrict its adoption services to married heterosexual couples. In March of the same year the UK High Court [official website] issued a judgment [JURIST report] instructing the commission to reconsider a previous ruling on the adoption service's practice citing that respect for religious views is not a justification for discrimination in this particular case, because adoptions are a public service.


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Supreme Court hears arguments on mandatory sentences, speedy trial clause
Jaclyn Belczyk on January 15, 2013 10:38 AM ET

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday in two cases [JURIST report]. In Alleyne v. United States [transcript, PDF], the court heard arguments on whether to overturn Harris v. United States [opinion]. Harris was a 5-4 splintered opinion that allowed a judge to be the fact-finder when increasing mandatory minimum sentences, as opposed to requiring the question to go to the jury. Since the case was decided, the court has gained three new members, and two in the majority, Chief Justice William Rehnquist and Justice Sandra Day O'Connor, have left the court. Counsel for the petitioner argued, "Any fact that entitles a prosecution by law to a sentence more severe than a judge could otherwise impose must be found by the jury beyond a reasonable doubt." Counsel for the US urged the court to adhere to its ruling in Harris, "because those decisions properly respected the fact that a mandatory minimum divests the defendant of the right to judicial leniency."
In Boyer v. Louisiana [transcript, PDF], the court considered a Sixth Amendment [text] case directly on appeal from the Court of Appeal of Louisiana, Third Circuit [opinion]. At issue is if the state violates the "speedy trial clause" by not paying court-appointed counsel in a timely manner. Counsel for the petitioner argued that the Louisiana court incorrectly determined that the cause of the delay was beyond the control of the state. Counsel for Louisiana argued that while the delay may have been within the state's control, the court should nonetheless uphold the lower court's reasoning. Much media attention was given to the fact that Justice Clarence Thomas, known for remaining silent during oral arguments, broke his seven-year silence during this argument with the words "Wellhe did not." It is unclear exactly what he meant, but he spoke in response to questioning from Justice Antonin Scalia about the lawyer in the case being Harvard educated.


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