Filipino Family Wins Human Rights Tribunal Claim

Filipino Family Wins Human Rights Tribunal Claim

By William Miller
Impunity Watch Reporter, North America

MONTREAL, Canada – The Montreal Human Rights Tribunal awarded a Filipino family a $17,000 judgment against Lalande School in Montreal where their child attended the second grade. The Tribunal held that the school employees discriminated against eleven year old Luc Cagadoc when they criticized him for eating habits common to his culture.

Luc Cagadoc typically eats his food by using a fork and spoon to break it up. This practice is common among those of Filipino decent. Luc Cagadoc was repeatedly reprimanded by a lunch monitor for this practice during second grade.

Martine Bertrand, a lunch monitor at Lalande School repeatedly told the child that he ate like a pig and forced him to eat lunch by himself. Luc’s mother, Maria Gallardo, attempted to reason with Bertrand, telling her that the practice was common in Filipino culture, but was unable to reach a compromise. Bertrand later asked Luc if washing hands was a common practice in his culture when he forgot to on one occasion.

Ms. Gallardo also tried to reason with the school’s principal Norman Bergerson, but was again dismissed. Bergerson told her that her son needed to learn to eat like a Canadian. Ms. Gallardo then received a letter telling her that she could not return to the school.

Ms. Gallardo filed a complaint with the Human Rights Commission in 2008. The Human Rights Commission typically reviews cases before they are sent to the Tribunal. The Montreal Human Rights commission initially rejected the complaint saying that it was an isolated incident and that the child was disciplined for his table manners rather than for his cultural practices.

In March 2009, Ms. Gallardo filed a complaint with the Montreal Human Rights Tribunal. In some cases Canadians may file directly with the tribunal if they are rejected by the Commission. The Commission decided it would hear the case last fall. They issued their ruling early last week.

The Commission held that the situation was handled poorly and that the school subjected Luc to social isolation and anxiety for his traditional practices. They ordered the school board, Bergerson, and Bertrand to each pay $5,000. Bergerson was ordered to pay an extra $2,000 for lack of remorse.

Although Ms. Gallardo originally sought $24,000, she has said that she was happy with the judgment. “As a mother I am still hurting, but still seeing my little boy proudly eating with spoon and fork gives me a great pride for my heritage,” Ms. Gallardo said.

The school board has not said whether they intend to appeal the decision. They have thirty days to file an appeal.

For more information, please see:

Vancouver Sun – Montreal Family Wins Human Rights Ruling About Eating Like a Pig – 24 April 2010

CBC – Eating Habits Dispute Leads to Damage Award – 23 April 2010

CTV – Filipino Canadian Student Wins Human Rights Case – 23 April 2010

Chinese Lawyers Fight Disbarment

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China – Two Chinese human rights lawyers are fighting moves to disbar them from practicing law for defending human rights activists.  Their case has drawn protests from others in the legal profession as well as activists groups.

The two lawyers, Tang Jitian and Liu Wei, could be disbarred because the Beijing Municipal Bureau of Justice has accused them of “disrupting order in court and interfering with proper litigation procedure.” 

Tang and Liu also stood a disbarment hearing last year in southwest China for defending members of the Falun Gong, a group that has been banned in China in 1999 after Falun Gong members protested around the Chinese Communist Party’s headquarters.  However, the two left the courtroom in protest.

Another hearing was held this week to decide whether the two should be permanently disbarred.  Amnesty International called the hearing “absurd” as the goal of the hearing is to revoke the two lawyers’ licenses for defending Falun Gong members.

Amnesty International’s Asia-Pacific Director Sam Zarifi said, “The notion that lawyers can be punished for presenting evidence and arguing their case in court is absurd.”

Zarifi added, “The Chinese Ministry of Justice must send a signal that it will protect lawyers from political intimidation and uphold their right and duty to defend their clients appropriately, in line with Chinese law and international legal standards.”

Teng Biao, who represented Tang and Liu at the administrative hearing before the Beijing Bureau of Justice, said, “This case is getting so much attention because it’s really about the basic ability of rights defen[s]e lawyers to represent people in court.”

In his defense, Tang also said, “In recent years, China’s gone into reverse.  The judiciary is paying more attention to politics, less to rule of law, and we felt we had to speak out.”

In the recent years, Chinese lawyers have used a combination of litigation and publicity to challenge the Chinese authorities’ laws and policies that restrict citizens’ rights.

Around 500 supporters of Tang and Liu gathered outside the hearing venue where they were met by 200 police officers.  Some 20 protesters were detained but most were released by end of the day.

“Escalating harassment of Chinese lawyers is seriously undermining the rule of law, and risks further lowering public trust in the Chinese legal system,” said Zarifi.

Tang and Liu are still awaiting the verdict.
For more information, please see:

Amnesty International – CHINESE HUMAN RIGHTS DEFENDERS SUBJECTED TO ‘ABSURD’ DISBARMENT HEARING – 22 April 2010

Reuters – China rights lawyers fight disbarment threat – 22 April 2010

Spero News – China: Lawyers for Human Rights demonstrate in Beijing against injustice – 22 April 2010

Yemen Rebels Reportedly Kidnap Man, Briefly Hold Saudis

By Ahmad Shihadah
Impunity Watch Reporter, Middle East

SA’NA, Yemen – Shi’ite Muslim rebels have kidnapped a Yemeni man in the country’s north and also briefly held a group of Saudi citizens, the government said, incidents that threaten a fragile truce with Sanaa.

The northern rebels seized the man in the Harf Sufyan district and took him to an unknown location, Yemeni security services said in a statement.

“A number of Houthi rebels led by Mabghout Shatbouny abducted on Thursday two Saudi citizens in Hiasha area of the district of Harf Sufian in Amran province, north of the capital Sanaa,” said the ministry on its website, citing an unidentified security official of the Interior Ministry.

“The rebels held the Saudis several hours in Hiasha area before later setting them free,” said the security official. “While the Yemeni citizen, identified as Hammam Daris, is still held by the rebels in an unknown area of Harf Sufian district,” he added.

A Saudi diplomatic source at the Kingdom’s embassy in Yemen said that he has no information about reports that Saudi citizens were kidnapped and then released by Houthi rebels near Amran Province 30 km north of the Yemeni capital.

The source emphasized that the embassy has been following up these reports with the responsible authorities at the Yemeni Ministry of Interior in an attempt to verify them.

The Defense Ministry considered the kidnap as another confirmed breach by the Shiite Houthi rebels to the cease-fire truce that was struck on Feb. 11.

The new breach came a week after the Yemeni government accused Shiite Houthi rebels of opening fire on a military plane flying above the city of Saada while a number of top army personnel were on board, an accuse the rebels later denied. According to official Saba news agency, “the plane was not damaged.”

Yemen has witnessed sporadic battles since 2004 between government troops and the Shiite Houthi rebels, whom the government accused of seeking to re-establish the clerical rule overthrown by the 1962 Yemeni revolution which yielded the Yemeni republic.
For more information, please see:

The Washington Post – Yemen Says Rebels Kidnap Man, Briefly Hold Saudis – 24 April 2010

Saudi Gazette – ‘Reports Of Saudis Kidnapped In Yemen Lack Verification’ – 24 April 2010

People’s Daily Online – Yemeni Shiite Rebels Kidnap 2 Saudis, A Yemeni In Fresh Breach Of Truce – 25 April 2010

French Police Fine Muslim Driver For Wearing Niqab

By David Sophrin
Impunity Watch Reporter, Europe

NANTES, France – A French citizen was fined earlier this month for operating a automobile in the city of Nantes on the grounds that the niqab she was wearing impaired her vision.

The women, whose identity has not been disclosed, was fined 22 euros for wearing a niqab while driving.  A niqab is a veil that leaves only the area around the eyes uncovered.  Following the incident, the woman stated that the fine was not warranted.  “My eyes were not covered [by the niqab].  I can see just like you, and my field of vision was not obstructed.”

The police, however, concluded that the fine was appropriate since it was determined that veil would prevent her from having a complete line of vision while driving.

This arrest brings further attention to the national debate over a proposed law offered by French President Nicolas Sarkozy that would forbid any woman from wearing a full veil while in public.  Sarkozy has stated in the past that he believes the veil is discriminatory towards women and does not respect the values of French culture.

Jean-Michel Pollono, the lawyer for the women who was fined, stated that “this fine is not justified on road safety grounds and constitutes a breach of human and women’s rights.”  He also noted that other headwear, despite also diminishing a driver’s line of sight, has not been banned.  “If the veil is forbidden behind the wheel, then nuns should not be able to drive, and full helmets for motorcyclists should be banned, because you can’t see on the sides, and even some police units who drive with masks should be fined.”

The woman said that she believed the actions of the police were motivated in part by discrimination.  There are also concerns that Sarkozy’s proposed legislation would give French law enforcement broad authorities to discriminate against France’s minority Muslim population and immigration groups in general.

The proposed ban on niqabs is set to be introduced in the national parliament next month.  Some political observers have stated that Sarkozy, who has recently been struggling in national approval polls, is pushing for this ban as part of a broader political effort to portray him as a protector of French culture.  Regional elections are being held this month.

For more information, please see:

WASHINGTON POST – Suspicion of polygamy stokes France’s veil debate – 25 April, 2010

AP – Driver wearing Islamic face veil fined in France – 24 March, 2010

IRISH TIMES – Veiled French driver fined fro not having clear field of vision – 24 April, 2010

BBC – French police fine Muslim driver for wearing veil – 23 April, 2010

THE GLOBE AND MAIL – French police fine women for driving while veiled – 23 April, 2010

REUTERS – Veil Leads to Fine for French Driver – 23 April, 2010

Arizona Passes Immigration Law

By Stephen Kopko

Impunity Watch Reporter, North America

ARIZONA, United States-Today, the state of Arizona passed the United States’ strictest immigration law.  Under great pressure from a primary opponent, Governor Jan Brewer signed the legislation which will take effect 90 days after the current legislative session is complete.  President Obama rebuked the law in a speech at the White House today.

The Arizona law is the strictest immigration law in the United States. Entitled SB 1070, the law was sponsored by State Senator Russell Pearce.  According to the legislation, immigrants are required to carry proper immigration and identification documents at all times.  If a person is found without documentation, he or she will be charged with a misdemeanor crime.  It also grants police officers the authority to detain people they reasonably believe are in the United States without proper documentation.  The police are required to check with federal officials to determine if a person has proper immigration documents.

Governor Brewer pledged that the new law would not violate citizens’ constitutional rights.  She believes that the law is a compromise that helps Arizona deal with the problem of undocumented immigrants while balancing people’s liberty interests.  She stated; “I will not tolerate racial discrimination or racial profiling in Arizona.”

Arizona lawmakers believed they needed to take action because of the federal government’s failure to pass immigration reform.  Governor Brewer stated that Arizona has been “more than patient waiting for Washington to act.”  Also, Senator Pearce said that those who oppose the legislation were “against law enforcement, our citizens, and the rule of law.”

Before the legislation was signed into law, President Obama expressed his thoughts on it during a speech before members of the United States armed forces.  President Obama stated that the new law threatens to “undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that is so crucial to keeping us safe.”  The President also has instructed the Justice Department to assess the legality of the new law. He also called upon Congress to pass immigration reform at the federal level.  Harry Reid, majority leader of the United States Senate, stated that an immigration reform proposal may be before the Senate after Memorial Day.

For more information, please see:

FOX News-Arizona Immigration Enforcement Law Spurs Obama Criticism-23 April 2010

MSNBC-Ariz. governor signs immigration bill into law-23 April 2010

NY Times-U.S’s Toughest Immigration Law Is Signed in Arizona-23 April 2010