North America & Oceania

U.S And Cuba May Need To Compromise on Guantanamo Before Restoring Diplomatic Relations

By Lyndsey Kelly
Impunity Watch Reporter, North America

HAVANA, Cuba – Recently, Roberta Jacobson, the top U.S. diplomat for Latin America traveled to Havana, Cuba for two days of talks with Cuban officials regarding the restoration of diplomatic relations between the U.S. and Cuba. It was the highest-level trip to Cuba by a United States official in 35 years. The talks come after a 17 December announcement that Cuban President, Raul Castro, and US President, Barack Obama, will be moving towards restoring full diplomatic relations between their respective countries. The countries have agreed that the first step in renewing these relations is the reopening of embassies in both the United States and Cuba.

Pictured above is Cuban President Raul Castro (Photo Courtesy of the Telegraph).

Castro has laid out his long-term objectives for the compromise, which include the United States returning the Guantanamo naval base and prison, lifting the embargo, and compensating for damages. Cuba’s most pressing demand is an end to banking restrictions, which is linked to its U.S. designation as a “state sponsor of terrorism.” The United States is working toward diplomatic relations but government officials state that if these problems are not resolved then the restoration of diplomatic relations will not make any sense.

The Cuban government has stated that it has no intention of changing its system. The United Sates State Department did not immediately respond to a request for comment on Castro’s remarks. However, the Obama administration has stated that it will not consider handing over the US naval base at Guantanamo Bay, which was a central demand of Castro. On the other hand, it is likely that the U.S. government will concede to lifting Cuba from the list designating it as a sponsor to terrorism in the coming months.

While the United States is likely to make some concessions in order to restore diplomatic relations with Cuba, many of Castro’s demands are highly unlikely which may ultimately hinder the two countries hope for future diplomatic relations.

 

For more information, please see the following

BOSTON GLOBE – US Won’t Return Guantanamo To Improve Ties With Cuba – 5 Feb. 2015.

THE GUARDIAN –Raul Castro Demands That US Return Guantanamo Base To Cuba – 28 Jan. 2015.

NEW YORK DAILY NEWS – U.S. Rules Out Returning Guantanamo Bay To Improve Ties With Cuba – 5 Feb. 2015.

THE TELEGRAPH – Raul Castro: US Must Return Guantanamo To Cuba – 28 Jan. 2015.

Indonesia Set to Execute Two Australian Nationals Convicted of Drug Smuggling

By Max Bartels 

Impunity Watch Reporter, Oceania 

 

Jakarta, Indonesia

Indonesia is in the process of performing more executions of convicted drug smugglers, many of who are foreign nationals. Indonesia has recently clamped down on the drug smuggling trade and resolved to pass more strict sentences. Two Australian citizens have been convicted by the Indonesian courts and sentenced to death. Both Andrew Chan and Myuran Sukumaran are being held on death row on the Indonesian island of Bali. They are member of the “Bali Nine” and were attempting to smuggle heroin from Indonesia into Australia.

Andrew Chan on the left and Myuran Sukumaran on the right. (Photo curtesy of ABC News)

The Australian Government has been pleading with the Indonesian government and the President Joko Widodo. Over 100 Australian federal politicians have written to the Indonesian Ambassador pleading for the lives of both prisoners. The letters ask that the sentences for both convicts be commuted to appropriate sentences so that they can be deported back to Australia. The politicians letters all make clear that they understand the terrible impact the drug trade has on Indonesian society but asks them to consider rehabilitation and to think of prisoners suffering and their families suffering. The letters also mention that the tip that led to both the arrests was given by the Australian Federal Police and that the harm of the crime was intended for Australia and not on Indonesia.

Andrew Chan’s mother traveled to Bali to visit her son on death row. She made statements to the press pleading  clemency for her son’s life in the hope that President Widodo would hear her plea. Both Ms. Chan and Myuran Sukumaran’s mother,  traveled to Jakarta to meet with Indonesia’s Human Rights Commission to get support against the death penalty. Ms. Sukumaran pleaded that her son is not the same man who committed the crime 10 years ago and pointed out the differences from other capital cases that Indonesia has executed recently, including that the drugs were meant to be smuggled into Australia.

Indonesia has now informed Australia that the executions will be delayed. Indonesia’s Justice and Human Rights Minister cited the current political situation as well as conflict between corruption investigators and the National Police as the reason for the delay. The National Police is known to be the most corrupt government agency in Indonesia. It remains to be seen if the Indonesian government will carry out the executions but they have recently executed foreign nationals convicted of drug smuggling charges without regard to pleas from foreign states or families.

For more information, please see: 

The Guardian — Bali Nine: Australian Politicians Plead for Indonesia to Spare Condemned Pair — 10 February 2015

The Sydney Morning Herald — Suspected Bali Nine Mastermind Living in Luxury as Andrew Chan and Myrun Sukumaran Sit on Death Row — 10 February 2015

ABC News — Bali Nine: Confusion in Indonesia Government Over Whether Executions of Andrew Chan and Myuran Sukumaran Will be Delayed — 10 February 2015 

ABC News — Bali Nine: Andrew Chan’s Mother Helen Makes Impassioned Plea for Her Son’s Life — 9 February 2015

 

Same Sex Couples Wed in Alabama In Defiance of Judge’s Order

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

WASHINGTON, D.C., United States of America – Wedding bells are ringing for same sex couples across Alabama despite an order issued by the state’s chief justice, Roy S. Moore, intended to stop local judges from issuing marriage license to same sex couples. Amid conflicting signals from U.S. federal courts and the chief justice of Alabama’s Supreme Court, some Alabama counties began granting marriage licenses to same­ sex couples on Monday. In major counties like Birmingham, Montgomery and Huntsville, same sex couples lined up outside courthouses as they opened and were granted marriage licenses after being wed by clergy or by the judges themselves in defiance of Roy Moore’s ban. A United States district court ruled last month that Alabama must issue same-sex marriage licenses starting Monday.

Robert Povilat, 60, and Milton Persinger, 47 celebrated the Supreme Court’s decision not to stop same sex marriage in Alabama. They were the first in line for marriage licence at their county courthouse. (Photo courtesy of The New York Times)

Roy Moore issued an order attempting to stop judges in the state from issuing marriage licenses as an attempt to stop the licenses when the U.S. Supreme Court declined to intervene. “Effective immediately, no Probate Judge of the State of Alabama nor any agent or employee of any Alabama Probate Judge shall issue or recognize a marriage license that is inconsistent with [state law],” Moore said in the order. He explained his move as “necessary for the orderly administration of justice within the state.”

At least six counties began granting licenses to same-sex couples in defiance of Roy’s order, including the state’s most populous counties. Judge Steve Blair said the issue of judicial authority is “long settled” and “my personal beliefs … are entirely immaterial.” The actions of judges in these counties made Alabama the 37th state with legal same-sex unions. At least eight counties refused licenses to same-sex couples, including Tuscaloosa, Lee, Elmore, Covington, Calhoun, Cleburne, Franklin and Washington. Washington probate judge Nick Williams said of his action, “I’m not worried about following the US constitution.” Also, at least six counties refused licenses to anyone, straight or gay, including Mobile, Bibb, Clarke, Shelby, Pike and Marengo, where a judge will offer papers but won’t sign them. Additionally at least six counties are accepting applications for same sex marriage license but are waiting for the United States Supreme Court to weigh in on the issue.

For some, the conflict between the federal order and the judge’s order, largely seen as a reflection of Roy’s own beliefs, is reminiscent of the legal struggles waged in the state during the Civil Rights era. “I don’t want to see judges make the same mistakes that I think were made in this state 50 years ago, where you have state officials not abiding by federal orders,” said Judge Steven L. Reed of Montgomery County, who added, “The legacy always hangs over us until we show that we’re beyond it.”

For more information please see:

The Guardian – Alabama Same-Sex Marriages Continue As Governor Refuses To Intervene – Live Updates – 9 February 2015

The New York Times – Same­Sex Marriages Proceed in Alabama as State Judge’s Order Is Defied – 9 February 2015

Time – Gay Marriage Begins in Alabama despite Top Judge’s Order – 9 February 2015

The Wall Street Journal – Alabama’s Chief Justice Fails in Bid to Block Gay Marriages – 9 February 2015

 

Ferguson Police Testing New Device To Minimize Lethal Force

By Lyndsey Kelly
Impunity Watch Reporter, North America

 
WASHINGTON, D.C., United States of America – Following protests regarding police brutality in the St. Louis suburbs, police are testing a device that would be attached to a regular handgun that may reduce the use of lethal force by law enforcement. The device is being called “The Alternative.” It consists of an orange cap that mounts onto a handgun, and when the gun is fired, the resulting projectile will have enough force to knock a person down but not kill. This week, five Ferguson police instructors will train to use the device, and will then convey their training to the entire police department.

During the Ferguson protests local police fired tear gas in the direction of unruly crowds (Photo Courtesy of TIME).

Post-protests, many have maintained their criticism for law enforcement agencies’ use of “casual brutality.” Debates over police use-of-force have gripped the country following the grand juries’ decision to not indict Officer Darren Wilson, the police officer responsible for the fatal shooting of Michael Brown. Al Eickhoff, Ferguson’s assistant police chief, has stated that he was looing for a new device that would be a practical alternative to lethal force that might have prevented a deadly result in the case of Michael Brown.

The Alternative can be readily affixed to the standard-issue Glock and Sig Sauer pistols. However, it has not yet been tested on a human, but it has been tested on foam, gel and leather. The Alternative is designed to be used in situations where officers must decide in a split second, whether to shoot someone to protect themselves or others. When the attachment is places on the barrel of a gun, and when the weapon is wired, the bullet embed itself into an alloy projectile, that is designed to send a shock wave of pain through the suspect without causing any internal damage. The device is meant to capture the first bullet, and the next round chambered would fire as a regular bullet, that is lethal. Thus, there is concern that if the Alternative should fail to stop its target, the second bullet may be discharged.

Opponents have considered the product dangerous because not only has it yet to be tested, but also because officers must take time to remove the device from their belts and affix it to their weapon, thus exposing the officers to a “greater risk.” The Ferguson police department has said that the technology has been demonstrated to department officials, but there has not yet been a decision to implement the device.

 

For more information, please see the following:

THE GUARDIAN – ‘Less Than Lethal’? Ferguson Test Of Gun ‘Alternative’ Draws Fire From Police Vets – 4. Feb 2015.

NBC NEWS – Ferguson Police Begin Testing ‘Less Letha;’ Gun Attachment – 4 Feb. 2015.

TIME – Ferguson Police Are Testing ‘Less-Lethal’ Attachments For Guns – 4 Feb. 2015.

WASHINGTON POST – Ferguson, Mo., Police Begin Testing New ‘Less-Lethal’ Attachment For Guns – 4. Feb. 2015.

Largest Oil Worker Strike in the United States since 1980 Widens

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

WASHINGTON D.C., United Sates of America – A strike carried out by refinery workers in the United States will likely widen to 11 refinery plants late Saturday night as planned walkouts have been scheduled at BP plc refineries in India and Ohio. Currently approximately 4,000 workers represented by the United Steel Workers Union (USW), which represents hourly workers at the 65 U.S. refineries, are on strike in nine plants in California, Kentucky and Texas including seven refineries that account for about 10% of the nation’s refining capacity. The action is the largest strike in the oil refinery sector since 1980. The United Steel Workers represent workers at 65 American oil refineries that produce approximately 64 percent of nation’s refined oil. The USW was in negotiations as part of the collective bargaining process with Shell Oil (Royal Dutch Shell) as part of a national pattern bargaining process when Shell walked away from the labor negotiating triggering the strike.

Unionized workers picket outside of the Marathon Petroleum Corp. Galveston Bay refinery in Texas, the union demands better safety standards for workers. (Photo courtesy of Bloomberg Business)

Among other requests, the union is demanding a better policy to prevent workplace fatigue, which federal officials have said contributes to dangerous refinery accidents. According to the United Steel Workers union the union’s primary concern in calling for future strikes is the health and safety concerns of hourly workers at U.S. refineries. USW Local 12-591 President Steve Garey argued that urgent safety concerns forced the 3,800 oil workers to walk out on Feb. 1. The Local 12-591 staffs the Tesoro refinery which is one of nine USW facilities that are currently on strike.

USW International Vice-President Tom Conway argued the strikes are focused on the Union’s safety demands. “This strike is about safe staffing levels inside the refineries and staffing levels of our maintenance workforces and having safe and reliable staffing in the refineries. And the situation that exists today just has become unacceptable,” said Conway. “We have people who are working twelve, fourteen, sixteen, eighteen continuous days without a day off on 12 hour shifts. And people are stressed with an amazing amount of overtime and fatigues and sleep deprivation. It’s dangerous. It’s a dangerous way to run an operation like a fuel refinery.”

“We didn’t seek this strike,” Conway said, arguing his union is ready to return to the bargaining table, “We’re not lookin’ for it. But we need problems solved. And just an intransigent attitude from them isn’t gonna get us there. It’s not going to solve the problem. So hopefully they look at these in a genuine way and come back and are willing to sit with us and have an honest discussion about how do we make sure we have a well-trained adequate workforce. They don’t seem to us to be difficult discussions that a management should be so unwilling to have with its workforce.”

A United Steel Workers spokeswoman confirmed that notices of intent to strike had been given to the BP (formally British Petroleum) refineries in Indiana and Ohio .BP spokesman Scott Dean said the two refineries were operating normally on Friday. The Spokesperson also announced the company’s intention to hire temporary replacement workers to take the jobs of the workers represented by the union, known as “scabs” within the Union community.

For more information please see:

Bloomberg Business – U.S. Oil Workers’ Strike Expands To BP Plants with Talks on Hold – 6 February 2015

Reuters – UPDATE 1-U.S. Refineries Strike To Widen As Walkouts Planned At BP Plants – 6 February 2015

United Steel Workers – Health and Safety Must Come First In Oil Bargaining – 6 February 2015

United Steel Workers – WIN News Report: Steelworkers Refinery Strike Is About Safe Staffing – 4 February 2015