Showing posts with label religious freedom. Show all posts
Showing posts with label religious freedom. Show all posts

Rape Claimant and the Veil: A Case for the Supreme Court of Canada

(Delighted to welcome back alumna Doris Buss, who contributes this guest post)

The Supreme Court of Canada recently agreed to hear the appeal in a case involving a niqab-wearing woman who is the sexual assault claimant in a criminal case against two male defendants.
N.S., the claimant, wears a niqab, a veil covering the face but not eyes. Now an adult, N.S. claims the two defendants, one a family member, the other a family friend, sexual assaulted her as a child. At the preliminary inquiry, the defendants insisted the claimant remove her niqab while testifying so they could assess her demeanor as part of their defence.
The preliminary inquiry judge agreed, and ordered N.S. to remove her niqab while testifying. She refused and the matter was brought to the Ontario Court of Appeal, which overruled the preliminary trial order that she remove her niqab, but sent the matter back to the preliminary judge for a reconsideration. N.S. requested and has now been granted leave to appeal to the Supreme Court of Canada.
The case of N.S. is generally depicted as pitting freedom of religion against the rights of defendants in criminal trials. At least one of the interveners – Women’s Legal Education and Action Fund – has argued otherwise. LEAF, which intervened at the Ontario Court of Appeal and will likely apply to intervene at the Supreme Court, has argued this case raises issues about access to justice for religiously observant women, and should be seen in the context of tactics that revictimize sexual assault complainants. Ordering a woman to remove her veil, LEAF suggests, is an attempt to “humiliate and intimidate” and “diminish and beat down” the complainant at trial.


Jail hijab-strip subject to suit

A California woman forced to remove the headscarf she wore for religious reasons may pursue a civil damages suit against jail officials.
That's the unanimous ruling that an 11-member en banc panel of the U.S. Court of Appeals for the 9th Circuit issued Wednesday in Khatib v. County of Orange.
The principal opinion, by 9th Circuit Judge M. Margaret McKeown (below left), related that when in public the plaintiff, Souhair Khatib, wears a hijab that covers her hair and neck, in accord with her Muslim beliefs. Her troubles began when she and her husband appeared in a court in Orange County, in southern California, to seek an extension on community service they were supposed to perform following their plea to misdemeanor violation of state welfare laws. Far from granting the request, authorities took the couple into custody and seized Khatib's hijab. Judge McKeown described what happened next:

Weeping, Khatib explained that her religious beliefs forbade her from taking off her headscarf and pleaded with the officers to allow her to keep it on. Khatib was warned that the male officers would remove the headscarf for her if she did not voluntarily do so. Wanting to avoid being touched by the male officers—another violation of her religious beliefs—Khatib reluctantly complied.
Khatib spent the majority of the day in a holding cell in view of male officers and inmates. Experiencing 'severe discomfort,' 'distress,' and 'humiliat[ion],' Khatib attempted to cover herself by pulling her knees into her chest and covering her head with a vest she was wearing. At a hearing that afternoon, the court reinstated Khatib’s probation and provided an extension of time to complete community service.
At issue before the 9th Circuit was the Religious Land Use and Institutionalized Persons Act of 2000, which, as McKeown wrote,

prohibits state and local governments from imposing 'a substantial burden on the religious exercise of a person residing in or confined to an institution.'

Reversing an earlier 2-1 panel decision and rejecting an argument put forward by Orange County, California -- and siding with the U.S. Department of Justice, which entered the case on behalf of Khatib -- the 9th Circuit held that the county courthouse holding facility was an "institution" for purposes of the Act. Thus it remanded the case for determination of whether Khatib's religious freedom had been impermissibly burdened.
Save for the statement of facts quoted above, McKeown's opinion was dispassionate.
But a concurrence by 9th Circuit Judge Ronald Gould indicated the human considerations underlying the circuit's decision. "A Muslim woman who must appear before strange men she doesn’t know, with her hair and neck uncovered in a violationof her religious beliefs, may feel shame and distress," he wrote, adding: "A recognition of this very real harm helps inform our judgment on the scope of covered institutions."
The Khatib decision, when contrasted not only with U.S. incidents described in the final paragraph here, but also with actions in France and elsewhere abroad, about which we've written in posts available here, exposes the gulf in understandings of this issue.

Religion & Transitional Justice

My institution (Santa Clara) recently hosted Paul Van Zyl, former Executive Secretary of South Africa’s Truth and Reconciliation Commission, co-founder of the International Center for Transitional Justice, and CEO of Peace Ventures, a new NGO dedicated to identifying and providing market access to responsible businesses that are both profitable and help to prevent conflict or promote peace. The theory is:

By creating jobs, facilitating interaction between groups on opposite sides of the conflict and promoting cooperation across borders, these “peace businesses” can generate profit while making a global contribution to the prevention of conflict and protection of human rights.
Paul's talk focused on religion and its role in transitional justice, particularly in efforts to promote reconciliation—a key feature of many transitional justice efforts—and even forgiveness. Drawing on the case studies of South Africa, East Timor, and Morocco, he discussed:
  1. How faith influences what is desirable;
  2. How faith can be manipulated to impede peace and justice; and
  3. How justice efforts can influence faith and religion
The case of Morocco will be particularly interesting to our readers in that the truth commission there had to decide whether the reparations regime for the families of the disappeared would rely upon Shari'a succession rules. Under these rules, the eldest male heir of the dead or disappeared (such as a brother or male child) would receive the deceased's estate, leaving the wife with nothing. The truth commission decided to depart from these default rules and allow wives, daughters, and mothers to recover in the wake of Morocco's systemic violence. The truth commission thus created a space to consider ways to ensure more just outcomes and ended up prompting a broader and ongoing conversation within Moroccan society about potentially reforming the succession regime for all contexts.
Paul stressed that sequencing is an important component of any transitional justice agenda—what is possible or desirable in the immediate post-conflict period may evolve as a society moves farther away from the period of abuse or repression.

The webcast of Paul's fascinating talk is available here.

On February 1

On this day in ...
... 2006 (5 years ago today), asserting the freedom of the press was at stake, 6 newspapers in 4 European countries "reprinted controversial cartoons of the prophet Muhammad which have provoked outrage, trade boycotts and threats of violence towards Danes." The 12 cartoons had been published in several months earlier in "a right-of-centre Danish broadsheet." The controversy has resurfaced at times since; for example, in 2009, when Danish Prime Minister Anders Fogh Rasmussen was selected as NATO Secretary-General, and just last month, when trial began involving an alleged plot to attack the cartoonist.

(Prior February 1 posts are here, here, and here.)

Go On! Religion & International Law

Santa Clara University School of Law's annual international law symposium will be on the topic of "Religion & International Law."
The event will be Friday, Feb. 18 and Saturday, Feb 19, 2011 in the California Mission Room, Benson Center, Santa Clara University.
The Symposium homepage is here. Online registration may be undertaken here (MCLE credit is available). The papers and proceedings will be published in our Journal of International Law.
The Symposium is organized around a series of papers by our main presenters as well as commentary from other experts. The full schedule is here.
Speakers and commentators include (full bios are here):
► Lama Abu-Odeh (Georgetown) (top right)
► Peter Danchin (U. Maryland)
► Haider Hamoudi (Pittsburgh)
► IntLawGrrls guest/alumna Saira Mohamed (Berkeley Law) (top left)
► Anissa Helie (John Jay College of Criminal Law & International Solidarity Network of Women Living Under Muslim Laws)
► Dr. Hisham Hellyer (Warwick)
► Asifa Quraishi (Wisconsin) (middle right)
► Brett Scharffs (Brigham Young)
► Shadi Mokhtari (American) (middle left)
► Dr. Manisuli Ssenyonjo (Brunel University)
► Seval Yildirim (Whittier) (bottom right)
► IntLawGrrl Karima Bennoune (Rutgers-Newark) (bottom left)
The keynote speaker is Robert Steiple, the first ever U.S. Ambassador-at-Large for International Religious Freedom.
Hope to see you there!

On January 20

On this day in ...
... 1899, about 2,000 Doukhobors members of a "mystical Christian sect" who had been persecuted for their beliefs in czarist Russia, landed in Halifax, Nova Scotia, en route to western Canada; 5,400 would make the same voyage shortly thereafter. Sponsoring the 1st group was Count Leo Tolstoy, author of the epic Russian novel War and Peace (1869). "Today there are between 30,000 and 40,000 Doukhobors in Canada, and another 30,000 in Russia." (credit for photo of Doukhobor women farming in Alberta "while their husbands are away working for cash on railway construction")


(Prior January 20 posts are here, here, and here.)

On January 13

On this day in ...
... 1616 (395 years ago today), Antoinette Bourignon de la Porte was born to a wealthy Catholic family in Lille, the Flanders city then part of a Dutch republic and now part of France. Upon coming of age she refused to marry; instead, she "served in a convent," "supervised an orphanage," and "began formulating her own spiritual philosophy." Bourignon would travel to villages throughout north central Europe, set up the press she'd brought with her, and print pamphlets attesting to her mystic belief system, known as "quietism." For her efforts she would be condemned by Protestant and Catholic leaders alike, but her ideas would retain currency long after her death in 1680.

(Prior January 13 posts are here, here, and here.)

On October 3

On this day in ...
... 1940 (70 years ago today), the Vichy government promulgated the Loi du 3 octobre portant statut des juifs, the 1st French law to define who was a Jew and then to restrict those persons' access to an array of professions. The statute came 5 years after similar laws in Nazi Germany. Deportations and other persecution would follow. As detailed on the poster at right, the 70th anniversary will be marked in Paris with a colloquium from 2-6 p.m. today at the Maison du Barreau de Paris. Topics to be discussed are the historical evolution of the law and the contemporary question of reparations for the harm caused by the law. (image credit)

(Prior October 3 posts are here, here, and here.)

On September 15

On this day in ...
... 1935 (75 years ago today), at Nuremberg, Germany, Hermann Göring, President of Germany's Reichstag, proclaimed the Nuremberg Laws; specifically, the Reich Citizenship Law and the Law for the Protection of German Blood and German Honor. Together they operated to strip German Jews of citizenship and to ban intermarriage and sexual relations between persons with Jewish heritage and other Germans. (image credit) After World War II, many German officials, physicians, and business people stood trial at Nuremberg for crimes committed in furtherance of those laws. The original statutes were not placed in evidence, however. As detailed last month in this obituary, the original was found in a German vault, by Martin Dannenberg, an American intelligence officer, who forwarded them to command for use at the trials. But his efforts were thwarted when the original was kept by U.S. Army General George S. Patton, of whom Dannenberg said: "'that scoundrel.'" Just 3 weeks ago, the original was donated to the National Archives of the United States.

(Prior September 15 posts are here, here, and here.)

On 9/11, Remembering the Other’s Others: International Law & Muslim Fundamentalism

The ninth anniversary of September 11, 2001, finds the international community still grappling with the consequences of that terrible day.
Armed conflicts which began in the wake of 9/11 continue in Afghanistan and Iraq, spilling over now into Pakistan and Yemen with often devastating consequences for civilians. Human rights abuses in the “war on terror” remain largely unpunished, but will never be forgotten around the world. Xenophobia directed against Muslims serves as a useful tool for right-wing politicians in the West. And you may have heard that an idiot in Florida has been trying to decide whether or not he will burn hundreds of Qur’ans today.
At the same time, Muslim fundamentalist armed movements akin to those that perpetrated 9/11, like the various permutations of Al Qaeda and the Taliban, or Al Shabab in Somalia or Boko Haram in Nigeria, just to name a few, continue to pose major challenges to human rights in Muslim majority societies and around the world. For a terrifying insight into the worldview of defenders of such movements, see here.
Muslim fundamentalist armed movements often kill civilians indiscriminately, as they did on 9/11, a day to which Al Qaeda chillingly refers as “Holy Tuesday.” They also target artists, writers and freethinkers for assassination, and purvey systematic discrimination against women and religious minorities and LGBT individuals. They seek to impose their version of the Sharia on all Muslims everywhere – this often means advocating practices like stoning women for adultery. (credit for logo at right of the Global Campaign to Stop Stoning) Hence, such movements pose particular threats to international law in the areas of human rights, humanitarian law and conflict prevention, inter alia.
My article “Remembering the Other’s Others: Theorizing the Approach of International Law to Muslim Fundamentalism,” published this summer in the Columbia Human Rights Law Review, challenges international lawyers to develop a critical analysis of Muslim fundamentalist movements and to support the many Muslim human rights defenders battling fundamentalism.
Faced with the current polarized environment, this enterprise is unquestionably a daunting task, and I see the already constricted space for my argument narrowing further. Muslim fundamentalists – and those confused with them – have also themselves been the targets of a range of grave violations of international law by states in recent years, like torture. Racialized discourses and policies directed against people of Muslim heritage have proliferated since September 11, 2001, and are currently experiencing a particularly disturbing revival – what might be called hatredofmuslims version 20.10.
All of this fuels more fundamentalism.
Despite these real difficulties, offering a critical perspective on the contemporary problem of Muslim fundamentalism remains an essential project for international lawyers. As a discipline we in international law have mostly engaged critically with the (admittedly problematic) responses to Muslim fundamentalism, rather than with the phenomenon itself.
► Can we offer an accurate or useful commentary on the responses to Muslim fundamentalist movements if we overlook their existence and impact in the first place?
► Of what use is our critique of the “war on terror” if we are largely silent about one side of that “war”?
In fact, the failure of learned discourse in the United States – including in the field of international law – to name and thoughtfully explain the problem of Muslim fundamentalism actually risks facilitating discrimination against Muslims in general. This omission obscures the fact that contemporary terrorism and the “war on terror” actually revolve around a very specific set of politics and political actors, not around broader religious denominations or religious claims.
Ordinary Muslims or the Muslim religion as a whole must not be confused with specific fundamentalist movements and their adherents, just as most American Christians would not want to be identified with Christian fundamentalist Terry Jones. Yet, the mere critique of Muslim fundamentalist movements themselves is not per se an expression of anti-Muslim bias, just as criticism of the pyromaniacally inclined Pastor Jones is not an attack on Christianity. This, I fear, is a fact that is likely to get lost in the current cacophony.
Actually, Muslim fundamentalist armed groups’ primary victims, as the 2006 U.S. National Strategy for Combating Terrorism acknowledged, are often other people of Muslim heritage. Hence, defending the human rights of Muslims means successfully defeating fundamentalism (and vice versa).
In the contemporary period, Western discourse, including in the field of international law, has sometimes seemed to offer only two choices: the openly discriminatory or flawed characterization (Islam is inherently fundamentalist, all Muslims are fundamentalists and so on), or the one that is too politically correct to even broach the topic of fundamentalism. Neither one is helpful or accurate. What we need is a principled, human rights based critique of Muslim fundamentalism, alongside a principled, human rights based critique of discrimination against Muslims. To paraphrase a brilliant Pakistani colleague, I reject the idea that my choices are limited to accepting either Glenn Beck or the Sharia, and I reserve my right to criticize both. I utterly reject both the would be suicide bombers and the would be Qur’an burners, and neither one can ever justify the actions of the other.
Returning to today’s sad anniversary, I honor the memory of all the 2,976 victims of September 11. They were women, men and children who came from more than 90 countries, from many religious, racial and ethnic backgrounds, and from all walks of life. All are mourned by family and friends. In the current moment, I think about Amenia Rasool (left), a Guyanan-American Muslim woman who worked on the 95th floor of the World Trade Center. (photo credit) I first read about her in The New York Times remembrance section.
I am humbled by the thought of such a terrible death at the hands of Muslim fundamentalists, and compelled by the beautiful complexity of Amenia Rasool’s existence, a life which challenged all simple narratives about what it means to be a Muslim woman in America. Though she had an arranged marriage, she and her husband reportedly shared domestic tasks. She worked as an accountant by day, but in the evening when her chores were done, she was said to enjoy watching taped soap operas and painting her fingernails. All of these things – women working outside the home, dramatic entertainment and use of cosmetics are often prohibited by fundamentalists – sometimes on penalty of death. Meanwhile, many American right-wing racists cannot conceive of a Muslim woman with such a life, nor do those who wave hateful signs in protest against the proposed Muslim community center in Lower Manhattan (“No Islamic Settlements in America”) remember her, even in death. She would have been “the other” to some of these Americans, but was also “the other” for Muslim fundamentalists. It is this complex, multidirectional dynamic that I am trying to name with the title of my article, “Remembering the Other’s Others.”
I am hoping that human rights advocates will remember Amenia Rasool when they conceive of what human rights means in relation to September 11th and its aftermath. This means taking violence by nonstate actors – as well as by states – seriously, as I underscored in my September 11, 2008, post,"Terror/Torture." This means being relentless in demanding accountability for those surviving persons involved in such terrorist atrocities and for the atrocities of response that have followed. This means that we must face up to the menace of Muslim fundamentalism, while (and as one means of) staunchly defending the human rights of Muslims in the United States and beyond. (credit for 2009 photo of protest against Sudanese prosecution of Lubna Hussein for wearing pants)
The task of human rights, it seems to me, must be to create an international community that recognizes the complexity of a life story like Rasool’s, and that protects the Amenia Rasools of the world from all of the kinds of discrimination and coercion and horror and violence they can face – as women, as Muslims, as immigrants, as Americans, as civilians, as people who live these categories as overlapping and intersecting rather than opposing. Rasool left behind four children when she was murdered by Al Qaeda. Let us hope we can make that better world in their lifetime.
A few nights ago, I walked along the Hudson River, transfixed by the beams of the Tribute in Light, streaming upward where the Twin Towers used to stand, in commemoration of the approaching anniversary. (credit for 2009 photo, top left) The powerful illumination filled the sky where the most extreme Muslim fundamentalists had blown a terrible empty hole nine years ago. Despite that grave international crime, and all that has followed, for me these beams of light still reflect the simple promise that we human beings can do better in how we treat one another.

On April 24

On this day in ...
... 1985 (25 years ago today), the Canada Supreme Court held that the governmental ban on Sunday shopping unconstitutionally infringed on the freedom of religion and conscience, guaranteed in Article 2(a) of Canada's Charter of Rights and Freedoms. (photo credit) In Regina v. Big M Drug Mart Ltd., Justice Robert George Brian Dickson wrote of the statute under review:
'To the extent that it binds all to a sectarian Christian ideal, the Lord's Day Act works a form of coercion inimical to the spirit of the Charter and the dignity of all non-Christians. It takes religious values rooted in Christian morality and, using the force of the state, translates them into a positive law binding on believers and non-believers alike.'


(Prior April 24 posts are here, here, and here)

Write On! "Women's citizenship"

(IntLawGrrls is pleased to welcome back guest/alumna Máiréad Enright, who contributes this Write On! post)

The Centre for Criminal Justice and Human Rights, as well as the Institute for Social Science in the 21st Century, both at University College Cork in Ireland (where I'm a Fellow), invite Ph.D. students and new professors (no more than three years in teaching), from any discipline, to apply to participate in a workshop entitled "Subjects Before the Law: Membership, Recognition and the Religious Dimensions of Women's Citizenship."
The workshop, which will take place at UC Cork on Thursday, September 9, 2010 (the day before an international conference on "Gendering the Boundaries of Membership," which workshop participants also may attend), is organised as part of a Thematic Project on Gender Equality, Religious Diversity and Multiculturalism in Contemporary Ireland, sponsored by the Irish Research Council for the Humanities and Social Sciences. It will begin with a seminar by Professor Lois McNay (right) of Somerville College, University of Oxford, author of Against Recognition (2008), Gender and Agency: Reconfiguring the Subject in Feminist and Social Theory (2000), and Foucault and Feminism: Power, Gender and the Self (1992). My co-organizer, Cork Ph.D. candidate Eoin Daly, and I are particularly keen to receive papers which address McNay's work.
Here's our explanation of the workshop theme:

Recent years have witnessed a shift by states away from policies and politics of multiculturalism. Against a background of diminishing state sovereignty, matters of affiliation, allegience, membership and belonging have become important projects for government. Across Europe, transnational and sub-national constellations of belonging are viewed as threatening social cohesion, loosening the ties that bind the nation-state. State responses have been marked by an anxious and exclusionary politics of membership, which seek to restore and re-inscribe the state's role as first or sole sovereign. Religious citizens have appealed to notions of religious rights grounded in law in an effort to bypass or restrict state scrutiny and regulation of group activity. Such attempts can be seen today in debates on the role of Muslim family law, in litigation on the display and wearing of religious symbols and in the regulation of intimate relations and reproductive autonomy. Historically, the demarcation of gender roles has frequently been intertwined with attempts to identify defining attributes of national identity. Thus, new interactions between religious groups and the state in the field of law have particular implications for women, as gender roles and status become intertwined with the boundaries and limits of membership.
(credit for (c) 2007 photo of Muslim schoolchildren at Dublin school)
Themes and questions we aim to discuss at the workshop:
► What are the implications for women of the shift away from multicultural policies and politics?
► Can law provide 'refuge' for religion from hostile post-secular politics? How should we imagine the new 'legal turn' in religious engagement with the state?
► Who is the religious subject before the law? How does the law construct women's religious, cultural and political affiliations? How might it do better?
► What does recognition theory tell us about the possibilities and limits of religious engagements with law?
► What are the limits and role of rights discourse in responding to deficiencies in how law 'sees' religion?
► What shape does the 'public' concept of citizenship take in the regulation of 'private sphere' religious activity?
► What are the implications of integration and citizenship testing for women? What should be the responses of feminist and human rights discourse to such testing?
► How useful are concepts of 'multiplicity', 'plurality' and 'intersectionality' to a legal analysis of membership conflicts?
► Where and how do we locate Ireland in current debates on women's membership, multiculturalism and the law?
An abstract of 250 words respecting a paper to be completed before the workshop, plus a CV, should be submitted to corkworkshop2010@gmail.com no later than May 1, 2010.
Full details here.

Equality scorecard: Canada

(IntLawGrrls today welcomes alumna Gay McDougall, who guest posts on her recent 2-week visit to Canada in her capacity as U.N. Independent Expert on Minorities, during which she examined compliance with instrument such as the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities)

Canada is rightly proud of its richly diverse society, including citizens with over 200 ethnic backgrounds, numerous languages, religions and cultural practices. Many identify themselves as African and Caribbean Canadians, Arab and Asian Canadians; people of colour and religious minorities. These persons generally described Canada as a society open to and accepting of cultural, religious and linguistic differences, where they can express their identities, speak their languages and practice their faiths freely and without hindrance. (credit for photo of Toronto neighborhood) Canada was a leader among nations in fashioning a state policy of multiculturalism.
However, achieving a truly inclusive society requires constant vigilance. As I toured Canada members of various communities discussed with me significant and persistent problems that they face in their lives as persons belonging to ethnic, religious and linguistic minorities, as people of colour or of particular religious beliefs. Many felt that the government had failed to respond adequately to their problems or to devise meaningful solutions, leaving them and their communities feeling discriminated against, neglected or as second class citizens.
Concerns included:
► Demographics. Although Statistics Canada has done excellent work, demographics are changing so rapidly that there are new demands for deeper levels of disaggregation to keep pace with shifts in the economic and social status of specific minority communities. African Canadians in particular felt that current methods lead inevitably to neglect of their specific identities and situations. In numerous discussions with government officials I had a feeling of constant confusion about what groups were being referred to -- officials talked about “immigrants”, “visible minorities” and “cultural communities” in ways that often seemed inter-changeable and overlapping. The word “race” was almost never used; almost as if it was being deliberately avoided. Yet, I came to understand that issues of race still have salience in this society.
► Poverty. Both federal and provincial governments acknowledged to me that poverty is a problem disproportionately faced by people of colour including African Canadian and specific Asian Canadian communities. Poverty alleviation programmes in Canada must be holistic and targeted towards racialized communities.
► Education. Members of African and some Asian Canadian communities, in particular, feared that their children are having negative experiences in public schools. Drop-out rates are particularly high among boys from these communities. Parents and community leaders described approaches to education that do not take into account their different cultures of learning, curriculum and textbooks that ignore their histories and contributions to Canadian society and a gross under-representation of minorities in the teaching and school administrative staff. Clearly there are examples of good practices and projects. But, it is vital for Canada’s future that more is done.
Equally, for some minority communities, including some sectors of the Asian Canadian and immigrant community, consistently higher than average educational achievements for young people do not translate into access to professional and skilled employment and wages commensurate with their educational outcomes.
► Employment. Income levels generally are significantly lower for minorities, unemployment rates are higher and minorities are disproportionately living in the poorest neighbourhoods and in social housing with relatively poor access to services. Standards and requirements must be better enforced and penalties must be imposed to ensure that Canada’s workplaces, both public and private, truly reflect the diversity present in society and live up to the promise of equality. Government must lead by example of robust efforts and measurable achievements in recruiting, retaining and promoting minorities to senior roles in the public service, ministries and departments.
► Underemployment. There is a deep level of frustration among minority communities that highly qualified and skilled workers have been encouraged to migrate to Canada, only to find on their arrival that their qualifications are not recognized at the provincial level. They are unable to gain employment in their former professions despite critical shortages, including of doctors and nurses in some regions. The clichĂ© of ‘doctors driving taxi cabs’ resonates as reality for many minority professionals in Canada. Effective solutions should be put in place as a matter of urgency.
► Political participation. At the federal, provincial and municipal levels minorities are extremely poorly represented in political structures and institutions in Canada. Minorities themselves must be more proactive in their own engagement and participation in political processes. However more must be done to ensure that minorities are empowered to do so.
► Policing. Every community I talked with raised serious issues of policing. The concerns included racial profiling as a systemic practice, over-policing of some communities in which minorities form a large percentage of the population and disturbing allegations of excessive use of force leading to deaths particularly of young Black males. Minorities feel that the justice system is failing them and that mechanisms of redress, including Human Rights Commissions are inaccessible, underfunded and under threat. It is essential that investigations into serious allegations of police misconduct are carried out by bodies that are perceived by the communities to be independent and that mechanisms of civilian oversight are established.
► Treatment post-9/11. Members of the Muslim communities reported that they feel there is certainly freedom to practice their religion in Canada. (credit for photo of Ottawa mosque) Yet government policies post-9/11 have made them feel targeted, profiled and harassed. Muslim and Arab communities described to me deep anxiety and fear. They are concerned about racial profiling and the unsubstantiated use of Security Certificates. They perceive they have a second-class citizenship as compared to non-Muslim Canadians when they are abroad and require the support and assistance of the Canadian authorities and consular services. Steps must be taken to address these concerns.
► Human rights and federalism. Canada’s Constitution recognizes the authority of provincial governments in such fields as education, employment, the delivery of health care, social housing, and social services. The Federal government of Canada, however, has the unavoidable responsibility for ensuring that Canada meets its international obligations in all fields of human rights. The current practice has created an uneven and unclear enforcement system that varies between provinces. Officials must work towards stronger mechanisms of cooperation to guarantee consistent enforcement with respect to obligations under the provisions of international treaties to which Canada is a party, particularly in the area of non-discrimination and equality and the implementation of the rights of persons belonging to minority groups. (credit for photo of Toronto neighborhood)
These are preliminary observations. My findings and recommendations will be fully developed in my report to the U.N. Human Rights Council next March.

On November 9

On this day in ...
... 2009 (today), is marked the International Day Against Fascism and Anti-Semitism. The day 1st was proclaimed on this day in 1988. (credit for 2004 poster) That year was the 50th anniversary of the Nazi pogrom against German Jews known as Kristallnacht, as the widespread violence included smashing of windows and other property destruction, in addition to attacks on persons. According to this site:
More than 7000 Jewish businesses across the country were attacked. Around 200 synagogues were destroyed and 91 Jews were killed. More than 30.000 were arrested and sent to concentration.


(Prior November 9 posts are here and here.)

On April 21

On this day in ...
... 1939 (70 years ago today), Helen Prejean (left) was born in Baton Rouge, Louisiana. Having joined the Order of St. Joseph of Medaille in 1957, Sister Helen taught Catholic high school students for many years. In 1981, she dedicated herself to helping New Orleans' poor people, and began corresponding with a man sentenced to die in the electric chair of Louisiana's Angola State Prison. She wrote in Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States (1994) of her work as his spiritual advisor through to his execution; the book later was adapted into a Hollywood film and a San Francisco opera. Sister Helen continues to advocate for the abolition of capital punishment.
... 1649 (360 years ago today), colonial legislators passed the Maryland Toleration Act, which guaranteed freedom of worship to all Christians.


(Prior April 21 posts are here and here.)

(Illegal) US operations in Pakistan

On Thursday (September 11th), 7 years after the Bush administration launched an unsuccessful "war" against terrorism, I read Karima Bennoune's excellent post on countering terrorism by enforcing human rights, then went on to read in the Herald Tribune that
President George W. Bush secretly approved orders in July that for the first time allow American Special Operations forces to carry out ground assaults inside Pakistan without the prior approval of the Pakistani government ....

Just as I asked myself, "isn't that illegal?" I saw that "[i]t was unclear precisely what legal authorities the United States has invoked to conduct even limited ground raids in a friendly country." Indeed. Colombia's cross-border military attack on FARC rebels in Ecuador in March was considered by the Organization of American States (OAS) to be a violation of principles of international law, as well as of Ecuador's sovereignty and territorial integrity.
But more than illegality, at a time when the world is remembering and honoring the victims of the 9/11 attacks and the soldiers from numerous nations fighting and dying in Afghanistan because of those attacks, it seems to me the important issue is that "last week's raid achieved little except killing civilians and stoking anti-Americanism in the tribal areas." As Husain Haqqani, Pakistan's ambassador to the US so succintly put it: "Unilateral action by the American forces does not help the war against terror because it only enrages public opinion." So as we voters go to the polls in November, please let us heed Karima's words and vote in favor of secularism and women's rights rather than militarism as a way to counter terrorism. As our favorite French newpaper, Le Canard Enchaîné (which does not publish a full electronic version) reminds us with respect to candidate McCain's appreciation of Teddy Roosevelt's famous "big stick," (image of Thomas Nast's 1904 cartoon recreating an episode in Gulliver's Travels) it can hit hard--like a boomerang (image credit)!

'Nuff said

(Occasional item taking context-optional note of thought-provoking quotes)

His beef is not really with women's studies but with the way it spreads the 'religion' of feminism, again helped by federal money, which he contends violates the establishment clause.

-- Los Angeles Times columnist Meghan Daum, explaining the rationale behind a new lawsuit in which a male lawyer "best known for suing Manhattan nightclubs because they offered free or discounted Ladies Night drinks to women" alleges that Columbia University cannot spend federal money it receives on its Institute for Research on Women and Gender, based on this reasoning: "Women's studies courses ... discriminate against men and are therefore in violation of the 5th and 14th amendments" to the U.S. Constitution.

On July 22

On this day in ...
... 1908 (100 years ago today), Amy Vanderbilt was born in New York City. By age 16 she was working as a part-time reporter. Later she worked in advertising and public relations before launching a career as an author of etiquette and cooking books (among them The Amy Vanderbilt Complete Book of Etiquette), as a host of radio and television programs (photo credit), and as a consultant to the U.S. State Department on matters of etiquette. Vanderbilt died in 1974 after falling from the 2d-floor window of her Manhattan townhouse.
... 1965, in Toronto, the Ontario Court of Appeal granted Canadian citizenship to an atheist couple, Netherlands-born Ernest and Cornelia Bergsma, whose application previously had been denied because they did not believe in God.

On June 1

On this day in ...
... 1660, in North America, the British colony of Massachusetts hanged Mary Dyer because she was a Quaker. Dyer and her husband William had immigrated there, from England, around 1635. The couple were supporters of religious dissident Anne Hutchinson, and Mary accompanied Anne out of church when the latter was excommunicated in 1638; the Dyers then moved with Hutchinson to Rhode Island. In her final return to Massachusetts, Dyer "deliberately challenged the legal right ... to carry out the death penalty."
... 2000, the Patent Law Treaty was adopted at Geneva, Switzerland. "Its aim is to harmonise the formal requirements set by patent offices for granting patents, and to streamline the procedures for obtaining and maintaining a patent." Today the treaty has 53 contracting parties; the United States is not among them. It is administered by the World Intellectual Property Organization.

On this day

On March 23, ...
... 1568 (440 years ago today), the Peace of Longjumeau, which ended Second French Religious War, was concluded. France's teenaged King Charles IX and his Queen Regent mother, the Florence-born Catherine de Medici (right), both Roman Catholics, signed the pact, which made promises of religious freedom for the Protestant Huguenots. The agreement was short-lived: the Third Religious War began a scant 6 months later.
... 1977, Lucy Wilson Benson became the 1st woman to serve as Under Secretary of State. When appointed Under Secretary of State for Security Assistance, Science, and Technology, a post she held until January 5, 1980, Benson (left) was the top-ranking woman in the U.S. State Department. From 1968-74, Benson had been President of the League of Women Voters.
 
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