North America & Oceania

Prom Cancelled Over Same-Sex Date Issue

By Stephen Kopko

Impunity Watch Reporter, North America

MISSISSIPPI, United States – A Mississippi high school canceled their spring formal prom after prohibiting a lesbian student from bringing her girlfriend to the event.  The School Board canceled the prom after the American Civil Liberties Union asked the school to rescind their initial ruling.

Constance McMillen is an eighteen year old high school student at Itawamba Agricultural High School in Northern Mississippi.  The controversy began when McMillen stated that she was going to bring her girlfriend, a sophomore at the school, to the prom and also wear a tuxedo.  After her proclamation, school administrators posted fliers around the school stating the same-sex dates were not allowed at the prom.  McMillen then contacted the Mississippi division of the American Civil Liberties Union (ACLU).  The ACLU asked the school district to reconsider its position on same-sex dates.  The school district then canceled the entire prom.

The ACLU filed a lawsuit on behalf of McMillen on Thursday.  According to the suit, McMillen argues that by not allowing her to bring a date of her choosing and by canceling the prom, the school district violated her First Amendment rights of freedom of speech and freedom of expression.

McMillen’s lawsuit and story has gained enormous attention.  She has received great support from many gay-rights activists as well as civil rights groups and supporters.  She was greatly appreciative of the support she has received all around the country.  Some supporters offered to host a prom at their businesses.  For example, Sean Cummings, a hotel owner in New Orleans, offered his hotel as a place to hold the prom free of charge.  He also offered to provide transportation to the students attending the event at his establishment.

Conservative groups supported the school board’s decision.  They believe that the issue is another way in which same-sex couples are trying to become legally recognized.  They disagree with this position. Attorney Stephen Crampton of the Liberty Counsel, a conservative social policy agency, stated; “The district might be motivated by a desire to prevent the ultimate conduct that is presumptively illegal in this state.”  Mississippi is the only state that still has an anti-sodomy law, even though it is not enforced.

For more information, please see:

CBS News – Lesbian Teen Speaks Out on Cancelled Prom – 12 March 2010

USA Today – Prom offers flood in for Mississippi students – 12 March 2010

ACLU – Mississippi High School Insists on “Straights-Only” Prom – 11 March 2010

Christian Science Monitor – Constance McMillen takes fight over same-sex prom date to court – 11 March 2010

OAS Concerned with Killings in Honduras

By Brenda Lopez Romero
Impunity Watch Reporter, North America

TEGUCIGALPA, Honduras – The Organization of American States (OAS) expressed concern that three political activists have been murdered in the last month.  Since Zelaya was deposed there has also been kidnappings, arbitrary detentions, torture, sexual violations and illegal raids against the political resistance to the military.

In January there was a new President Porfirio Lobo Sosa elected, who must now handle the civil society and liberties issues in the country.  The commission indicated “Honduras must adopt urgent measures to guarantee the rights to life, humane treatment and personal liberty … All persons, without distinction, must be equally protected in the exercise of their rights to freedom of expression, assembly, and political participation.”

Minister of Security Oscar Arturo Alvarez Guerrero reported that “[w]e will strengthen our investigations aimed at clearing up these events, appointing a special squad that will produce the arrests of those responsible and the unrestricted application of justice.”

The recently murdered activists were 29-year-old Vanessa Zepeda Alonzo, union member Julio Funez Benitez, and Claudia Maritza Brizuela, daughter of union and community leader Pedro Brizuela; all participated against the coup.

The Commission wrote “with dismay that it appears that sons and daughters of leaders of the Resistance Front are being killed, kidnapped, attacked and threatened as a strategy to silence the activists.”  OAS has not faulted the new government but rather the previous political unrest.

For more information, please see:

CNN – Report condemns Honduras violence – 08 March 2010

Obama Administration Examines Civilian Trials of Terrorism Suspects

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States – Facing relentless pressure from both human rights groups and national security groups, the Obama Administration is reassessing their decision to try some September 11, 2001 suspects in civilian courts.  The Administration is examining whether military commissions would be a better place to try the suspects.

In November, Attorney General Eric Holder recommended that five suspects being held at the Guantanamo Bay Detention Facility be tried in Article III courts.  Khalid Sheikh Mohammed, the mastermind behind the September 11 attacks, was one of the suspects to be tried in a civilian court.  Since the Attorney General’s decision, the Administration has been pressured by those favoring civilian trials and those who support trying the suspects in military commissions.  Facing congressional and local government opposition to civilian trials, the Obama administration is focusing the costs and benefits of trying the suspects in military commissions.

Many groups still believe that the suspects should be tried in civilian courts.  Three former military officers believe that holding military commissions would negatively impact the image of the United States overseas.  Also supporting civilian trials is the September 11th Families for Peaceful Tomorrows.  Donna Connor, spokeswoman for the organizations, said “military commissions are an illegitimate system that undermines the rule of law.”

Opponents of civilian trials cite different reasons for their opinion.  Local governments in the places where the trials could be held were concerned with the high cost of trying terrorism suspects.  They also were worried about the amount of security that would be needed to try the suspects.  Citing security concerns, some members of Congress threatened to cut funding for civilian trials.

Assessing the opinions and concerns of both camps, the Obama Administration has been negotiating with Senator Lindsey Graham.  According to those negotiations, the suspects would be tried in military commissions.  There would be more procedural protections in the new commissions than what traditional military commissions have afforded.  Also, a new supermax prison would be built in Illinois to house the terrorism suspects.  The military commissions would be held at this prison.

Despite the pressure facing the Obama Administration, the President will make a decision in the coming weeks whether military commissions will be used to try the suspects.

For more information, please see:

Wall Street Journal – White House Considers Military Trial for Alleged Sept. 11 Plotters – 6 March 2010

MSNBC – Military trials ahead for 9/11 suspects? – 5 March 2010

NY Times – White House Postpones Picking Site of 9/11 Trial – 5 March 2010

Students Protest the High Cost of College Education

By Stephen Kopko

Impunity Watch Reporter, North America

CALIFORNIA, United States – Students in the public higher educational system in California protested across the state yesterday to voice their frustration over tuition increases and funding cuts.  The organizers of the protest named March 4 “a strike and day of action to defend public education.”  Students and faculty from across the state protested at their various institutions.

The California organizers were joined by other students across the United States to protest the high cost of college education and the cuts in funding public higher educational institutions.  From Maryland to Washington, organizers conducted blockades of class buildings and entrances to schools as well as walk outs of classes.  For example, protesters at the University of California at Santa Cruz sat in the entrance to the school, effectively canceling classes.  In Washington, protestors rallied at the state capitol around a fake coffin which stated “R.I.P. Education.”

In response to budget shortfalls and a lack of tax revenue, many states have lessened their contribution to higher educational systems.  This contributed to a budget shortfall for many schools of higher education.  To make up for their budget deficits, schools have raised tuition, furloughed teachers, and canceled classes.

The California State public education system has been hit hardest by the lack of funding. In order to make up for its budget deficit, the system increased student tuition by thirty-two percent and the employees took a ten percent pay decrease through furloughs.

The student protestors believe the state governments are harming the future of the United States by cutting educational funds. Reid Milburn, president of the Student Senate of California Community Colleges, stated; “How are we going to save our future if we can’t even get into our classrooms.” Organizer of the Maryland protests, Bob Hayes, was concerned with the high salaries of administrators and the spending of universities on capital improvement projects.  He felt that students “were being run by a Fortune 500 company instead of by a university.”

Arrests were made at some of the protests. Many of the violations were of a nonviolent nature despite the students’ passionate protest against tuition increases and funding cuts. The organizers of the protests stated that they will continue to hold rallies to raise awareness of the issue.

For more information, please see:

AP – Angry US students protest cuts to higher education – 5 March 2010

NY Times – In California, a Day of Protests Over Education Budget Cuts – 4 March 2010

Washington Post – Students protest cuts to higher-education funds – 4 March 2010

Quebec Woman Files Complaint After Being Expelled for Face Covering

By William Miller

Impunity Watch Reporter, North America

QUEBEC, Canada – A Quebec woman has filed a complaint with the Quebec Human Rights Commission after being expelled from a state funded French class for refusing to remove her niqab, a veil which covers the face leaving only the eyes exposed. Yolanda James, spokeswoman for the Immigration Minister in Canada, says the state stands by the decision because religious face coverings interfere with the teacher’s ability to conduct the class.

Luc Fortin who spoke for James while she was out of the country on vacation said, “It is important for the teacher to see the student’s mouth to teach good elocution. A niqab interferes with that objective. We cannot allow the learning environment to be compromised.”

Neama, a Quebec Citizen was expelled from French class after refusing to remove her veil when speaking in class. (PHOTO: CBC)
Neama, a Quebec Citizen was expelled from French class after refusing to remove her veil when speaking in class. (PHOTO: CBC)

Neama who asked only to be identified by her first name emigrated from Egypt with her husband. She is currently a permanent resident of Canada. When she enrolled in a course designed to teach French to immigrants she informed the school that she could not remove her niqab because there were male students in the class.

At first the school went to great lengths to compromise with Neama. She was allowed to sit in the front of the class so only the female teacher would see her face should she need to remove her veil. She was also permitted to give oral presentations from the rear of the class so no male student could see her. The Government run school finally expelled her when she refused to remove the veil when male students in the back of the class could see her.

The decision has sparked debate between were limits on religious freedom should be placed. President of the Muslim Rights Council in Montreal, Salam Elmenyawi said “To deny a person the chance of integration just because they follow what they believe is correct for them is wrong. It’s this idea of manufacturing cases of manufacturing cases of hysteria over reasonable accommodation.”

The government however has stuck to the position that the veil was disruptive to the classroom environment. Fortin said that Neama’s refusal to remove her veil even when allowed to give her presentation at the back of the room because male students might still see her face created a tense atmosphere. Others find the face covering to be offensive, viewing it as a symbol of woman’s oppression.

Neama has started taking French classes at another school. The commission will review her case this coming spring.

For more information, please see:

Toronto Star – Student Files Rights Case over Quebec Niqab Ban – 4 March 2010

CBC – Quebec to Address Niqab Issue – 3 March 2010

Montreal Gazette – Niqab Heats up Rights Controversy – 3 March 2010