Deportation May Be Put on Hold for Gay Couples

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — New guidelines from the U.S. Homeland Security Department mean immigration agents can consider an undocumented immigrant’s same-sex relationship in deciding whether to pursue deportation.

Homeland Security Secretary Janet Napolitano announced a new immigration policy that could spare some same-sex couples from deportation proceedings. (Photo Courtesy of Newsday)

Homeland Security Secretary Janet Napolitano said in a memo to Congressional members on Thursday that gay and lesbian partners in committed relationships are now considered family members when it comes to immigration policy.  Under the Obama Administration’s “prosecutorial discretion” initiative unveiled last summer, agents have leeway in taking certain factors—such as family members—into account when deciding who should be deported.

“In an effort to make clear the definition of the phrase ‘family relationships,’ I have directed [Immigration and Customs Enforcement] to disseminate written guidance to the field that the interpretation of the phrase ‘family relationships’ includes long-term, same-sex partners,” Napolitano wrote.

Supporters of the change called the new policy a turning point that shows the government intent is not to split families up through deportation.

“It will mark the very first time that lesbian and gay couples have been recognized within immigration policy for relief,” said Steve Ralls, a spokesperson Immigration Equality, which advocates for gay, lesbian, bisexual, and transgender immigrants.

Relationships would be evaluated on a case-by-case basis, and the move only grants a potential reprieve from deportation.  It does not grant same-sex couples an automatic stay, nor does it let them file petitions for legal residency and citizenship, as it does for immigrants with opposite-sex couples.

“It’s not equal access to green cards, which is what we really need,” said Immigration Equality Executive Director Rachel Tiven.  “But it’s certainly another building block.”

The change was prompted by requests from House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Jerrold Nadler (D-Manhattan).  They and other members of Congress said same-sex couples should not have their families needlessly torn apart.

There are an estimated 29,000 same-sex couples nationwide involving a U.S. citizen and an immigrant, according to The Williams Institute, a think-tank based at the University of California, Los Angeles.

Opponents say the Defense of Marriage Act, which defines marriage in the United States as between one man and one woman, should prohibit same-sex couples from applying for immigration benefits.

The Obama administration has stopped defending DOMA, but that has not stopped the issue from being played out in court.  Newsday reported on Friday that a Long Island couple was among several who filed a lawsuit in April to have their immigration petitions recognized.

It was unclear Friday how DOMA might affect the new immigration policy.

For further information, please see:

The International Business Times — Same-Sex Relationships Can Help Undocumented Immigrants Avoid Deportation — 28 September 2012

Newsday — Deportation Cases to Consider Gay Couples — 28 September 2012

USA Today — Gay Couples Could Get Reprieve in Deportation Cases — 28 September 2012

The Washington Times — DHS Grants Gay Partners Discretion in Deportation Cases — 28 September 2012

New “Cybercrime” Law in the Philippines Abridges Freedom of Expression

By Karen Diep
Impunity Watch Reporter, Asia

MANILLA, Philippines – The Filipino legislature introduced a new “cybercrime” law, Cybercrime Prevention Act of 2012, which will increase punishment for criminal libel.  Furthermore, it grants authorities the power to shut down Internet websites and monitor online traffic.

Petitioners outside court. (Photo courtesy of Inquirer News)

In the statute, a section states that criminal libel apples to conduct “committed through a computer system or any other similar means which may be devised in the future.”

According to Business Mirror, the labor group Kilusang Mayo Uno (KMO) believes that the law “will not curtail freedom of expression and of the press, but will also allow the government to bring down web sites [sic], blogs[,] and social networking sites with ‘libelous’ contents.”

The “cybercrime” law augments the minimum punishment from six (6) months to six (6) years with the potential of the maximum punishment of twelve (12) years, doubling the minimum.

According to the Guardian,  Human Rights Watch (HRW) believes that the punishment for Internet libel is a blatant and grave threat to freedom of expression, specifically, freedom of press.

“The cybercrime law needs to be repealed or replaced,” urged Brad Adam, HRW’s Asian Director.  “It violates Filipinos’ rights to free expression and it is wholly incompatible with the Philippine government’s obligations under international law.”

Recently, a number of journalists in the Philippines have been imprisoned for libel.  For example, radio journalist Alexander Adonis, convicted five (5) years ago, spent two (2) years in jail.

In regards to Mr. Adonis’s case, the United Nations Human Rights Committee (UNHRC) concluded that the Filipino government violated the international covenant of political and civil rights.

For further information, please see:

Guardian – Philippines law threatens press freedom – 28 September 2012

National Inquirer – ‘Cybercrime Prevention Act unconstitutional’ – Senator Guingona – 27 September 2012

Business Mirror – Law vs cybercrime to curtail press freedom-groups, senator – 25 September 2012

National Union of Journalists – Cybercrime law threatens freedom of expression – 18 September 2012

 

 

Greece Budget Cuts Spark Violent Protest

By Alexandra Sandacz
Impunity Watch Reporter, Europe

ATHENS, Greece – On Wednesday, tens of thousands of protestors flooded the streets of Athens for a nationwide strike to challenge new government measures that are expected to cut wages, pensions and healthcare. The potential cuts in Greece aroused anger and fear of increased insolvency as the nation begins its third round of austerity measures in the past three years.

A protestor in Athens flees police as strike becomes violent. (Photo Courtesy of The New York Times)

Similarly, Spain also experienced two days of violent protests due to cuts to public benefits and jobs. Workers across Greece and Spain have recently watched various jobs disappear and wages cut. Both countries continue to make budget cuts to pay debts created by overspending.

A gathering that started out as a peaceful protest to demand their governments to slow down budget cuts to avoid bankruptcy, quickly turned into a massive violent riot. Over 50,000 employees, such as hospital doctors, pensioners, teachers and shopkeepers, were among the demonstrators that participated in over 60 walkout rallies throughout Greece.

In an attempt to gain control, Athens police fired stun grenades at protestors who simultaneously hurled Molotov cocktails and rocks. Police fired back in an effort to scatter the angry crowds around the parliament building.

A worker, Maria Vasiliandi, who took part in the march said, “People were just protesting against the new austerity measures, and it suddenly started raining flash-bang grenades and Molotov cocktails, so we had to leave the square.”

Roman Gerodimos, senior lecturer at Bournemouth University in the U.K, states, “There’s a lot of frustration and a sense of public disappointment. People feel like there is no progress, that they’re sacrificing their welfare for nothing.” A physics researcher, Dimitris Palles, said, “I feel my country is on auction and we’re just an economic experiment.”

As a result of various budget cuts, chemists and pharmaceutical companies have stopped producing drugs  to medical insurers because they claim they have not compensated by the state. Furthermore, Greece’s power company cut the electricity at a kidney hospital on the island of Aegina for a period of time while the patients were experiencing blood dialysis.

Anna Afanti, a teacher, removed a surgical mask she wore to protect herself from the tear gas to say, “They just want to impoverish us, to bring our salaries down to the level in India and swoop in and buy everything on the cheap. I should have left this country a long time ago. Now I’m stuck here.”

For further information, please see:

The Independent — Day of rage in Greece as more stringent cuts loom – 27 September 2012

USA Today — Protests against budget cuts in Spain, Greece rock world markets – 27 September 2012

NBC News — Rage against austerity: Protesters in gas masks, helmets clash with Greek police – 26 September 2012

The New York Times — Markets Falter in Europe Amid Protests on Austerity – 26 September 2012

Chinese Court Imposes $2.4 Million Fine on Activist Ai Weiwei

By Irving Feng
Impunity Watch Reporter, Asia

BEIJING, China – A Chinese court upheld the decision to impose a 15 million yuan, roughly $2.4 million, tax fine against Ai Weiwei in an alleged attempt to silence the activist’s dissidence.

Ai Weiwei cruises the streets of Beijing. (Photo Courtesy of BBC)

Ai has experienced a host of troubles with the Chinese government due to his activism including a three month detention last year.  He was held without cause for 81 days, sparking international opposition to his detention because of the implications of a possible human rights violation.

Ai’s latest troubles, the tax fines imposed upon him and his company Beijing Fake Cultural Development Ltd, has gone through several appeals without any relief in sight.  The latest appeal in the Chaoyang District Court was Ai’s last hope to overturn the Beijing tax agency’s tax fine.

Beijing Fake Cultural Development is the company which produces Ai Weiwei’s art and designs.  The Beijing tax agency is alleging that the company owes millions in back taxes, and the tax fine was imposed due to the back taxes and past tax evasion perpetrated by the art firm.  Throughout his five month long battle with the tax agency, Ai has denied all claims of owed back taxes and tax evasion by himself and his company.

Ai alleges that the Chinese legal system is “barbaric and backwater” because they have consistently failed to properly follow basic procedures and repeatedly denied him his legal rights.  The court was required to notify Ai of its ruling in writing three days before the public announcement, but the only notification the court provided was a telephone call to Ai’s wife the day before the ruling was handed down.  Ai also alleges that he has yet to see any of the evidence that supposedly proves his and his company’s guilt.

Ai’s passport was also confiscated during his three month detainment, and it has yet to be returned to him.  The passport was supposedly set to be returned after Ai’s three month detainment in addition to a probationary period which ended in June.  The delay has directly hindered Ai’s ability to work since he is unable to travel outside of the country to attend his exhibitions and other work obligations abroad in Washington, New York, and Berlin.

Ai and his supporters allege that the claims against him are complete fabrications brought by the government due to AI’s role as an outspoken critic of the government in China.  He believes that the government is attempting to quell more of the rising dissidence in the country, using the inherently unfair justice system as its attack dog to silence any opposition.

Ai, however, says that this tax fine will do little to silence him.  He has gotten thousands of donations from supporters to help him pay prior fines and expenses throughout his ordeal with the tax agency.  Ai has also refused to pay the remainder of the tax fine claiming that the actions of the government are disgraceful and, perhaps, a clear violation of the basic rights of citizens.

 

For further information, please see:

BBC – China artist Ai Weiwei court challenge fails – 27 September 2012

The Guardian – Ai Weiwei loses appeal against $2.4m tax fine – 27 September 2012

International Business Times – Chinese court upholds fine against dissident Ai Weiwei – 27 September 2012

Reuters – Chinese court upholds fine against dissident Ai Weiwei – 27 September 2012

Taiwan News – China’s Ai Weiwei loses appeal against tax fine – 27 September 2012

Nigerian Government Gives Saudi Arabia a 24-Hour Ultimatum to Resolve Issue on Detained Female Pilgrims

By Ryan Aliman
Impunity Watch Reporter, Africa

ABUJA, Nigeria – Yesterday, the Nigerian Federal Government told the government of the Kingdom of Saudi Arabia that it had 24 hours to resolve the issue regarding the detention of approximately 900 female Nigerian pilgrims on their way to Makkah.

Female pilgrims detained in Saudi airport. (Photo courtesy of Naijaleaks)

Vice President Namadi Sambo held a meeting with the Saudi Arabian Ambassador to Nigeria, Khaled Abdrabuh, to urge the Saudi government to speed up its decision on the matter so Nigeria will have an idea what actions it will take to help its stranded citizens in the Kingdom.

“Should the Saudi authorities not desire our pilgrims to perform this year’s Hajj, they should let the country know,” said the Vice-President in a press statement issued yesterday. According to him, “caution and flexibility” must be applied by the Saudi government in dealing with the issue of whether or not it will allow the Nigerian female pilgrims’ performance of the Hajj to prevent a dispute between the two countries from arising and more importantly, to prevent these women from being “manhandled”. He said he has received reports that the Nigerian pilgrims were being subjected to dehumanizing treatment in the Kingdom.

It has almost been a week since Saudi authorities held hundreds of female Nigerian pilgrims at the King Abdulaziz Airport in Jeddah. These pilgrilms were heading to Makkah to perform this year’s Hajj, a mandatory pilgrimage for Muslims. However, their journey was cut short by Saudi immigration officers. The pilgrims were barred from leaving the airport on the ground that these women did not have a male relative, otherwise known as Muharram or Mahram, to escort them for the Hajj.

This came as a surprise to the National Hajj Commission of Nigeria.”This is the first time pilgrims have faced the possibility of mass deportation over the male escort issue”, the commission stated. According to the Uba Mana, a spokesman for the Commission, there is an existing agreement between Saudi Arabia and Nigeria that exempts female pilgrims from the male escort requirement. In fact, for the past years, state pilgrimage officials were allowed to stand in place as relatives of the women pilgrims.

The Saudi government has released stricter policies on the Hajj this year, particularly on prohibiting women pilgrims to perform the Hajj alone. There have been reports where the Saudi immigration even stopped women who traveled with their husbands.

Today, the Nigerian Senate has officially condemned the action of the Saudi government describing the issue as “beyond diplomatic”. It has also called on President Goodluck Jonathan to intervene and urge the Saudi government to release the stranded pilgrims.

 

For further information, please see:

The Associated Press – 908 Nigerian female pilgrims held in Saudi Arabia – 27 September 2012

IOL News – Nigerian women stranded in Saudi – 27 September 2012

All Africa – Nigeria: Senate, House – Committee of Ulamas Should Dialogue With Saudis – 27 September 2012

Reuters – Saudi deports 150 female pilgrims, holds 1,000 more, Nigeria says – 27 September 2012

All Africa – Nigeria: FG Gives Saudi Arabia 24 Hrs to Resolve Issue Surrounding Detention – 26 September 2012