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    Tunisia: The Pending Goals of the Revolution

    A decade after the Arab Spring, Tunisians have made significant progress in the field of democratization with respect to the constitution and the guarantee of public and private freedoms. However, economic performance remains modest, and many of the demands of the Tunisian Revolution are still pending.

    Tunisia commemorated the 10th anniversary of the revolution with violent youth protests alongside peaceful demonstrations in major cities like Tunis, Sousse and Nabeul, and inland cities of Siliana, Kasserine and Kairouan. The protesters demanded employment and comprehensive development. They expressed their discontent with high prices, monopolies and the deterioration of the purchasing power of citizens. There was also consternation about the increasing number of COVID-19 victims and the mishandling of the pandemic.

    What Is the Key to Tunisia Successfully Beating COVID-19?

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    The reality is that the demands for employment are stagnating, ending the isolation of marginalized areas is still a distant dream, and achieving transitional justice is at a stalemate. While the population of Tunisia suffers, many members of the former regime who opposed the revolutionary struggle are still there at the forefront of the media, clinging to impunity.

    The Youth Unemployment Problem

    Tunisia has not yet succeeded in developing effective solutions to the unemployment problem that first sparked protests in December 2010. According to the National Institute of Statistics, the unemployment rate in the country during the third quarter of 2020 was 16.2% of the total active population, translating to approximately 6,766,000 people. This figure includes no fewer than 225,000 university graduates, with the rate rising to between 30% and 40% in several inland governorates.

    The youth population in Tunisia is the most vulnerable to joblessness. The latest field survey on employment by the National Institute of Statistics showed that around 70% of all those unemployed are below 30 years of age. Unemployment is effectively marginalizing youth in Tunisia and is among the main reasons behind both the 2010 revolution and the current protests. The continuing absence of employment opportunities for young people, the spread of favoritism among government and business elites, the rampant administrative and financial corruption and nepotism resulted in a perception of injustice that fueled discontent among many of those who have been unemployed for a long time.

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    While some impacted by the unemployment crisis attend sit-ins or demonstrate, others risk death on the high seas in search of work that guarantees dignity. In 2020, nearly 10,000 Tunisians arrived in Europe illegally. According to Romdhane Ben Amor, spokesman for the Tunisian Economic and Social Rights Forum, between 150 and 200 families have left Tunisia to Europe clandestinely over the last year, evading the Tunisian coast guard.

    A report by the forum found that “most of the illegal immigrants, aged between 18 and 30, share a fundamental characteristic as they lived the ‘school failure experience’ through early drop-out. They refer such drop-out to several reasons ranging from economic difficulties, and reluctance to continue to study, because the school, in their view, is no longer useful in light of the high unemployment of high-ranking people.” In addition, many who give up hope either take the path of organized crime or get involved with international terrorist networks.

    There is an urgent need to develop inclusive strategies aimed at empowering youth in the labor market. This is possible through the development of educational programs, vocational services and training courses to enhance the social investment role of the state by creating new productive projects directed at the domestic or foreign consumer market that would create jobs for the young.

    Marginalized Regions Remain Isolated

    A decade after the revolution, the inland and remote governorates have not yet gotten their share of comprehensive development. Rather, they are still suffering from marginalization, the ravages of high rates of illiteracy, poverty, unemployment and school dropouts. They lack basic facilities such as infrastructure, health services and educational institutions even though the new constitution stipulates the necessity of implementing a policy of positive discrimination concerning these underprivileged areas. It is not known where the financial allocations and in-kind assistance that the successive governments, the European Union and the Gulf states have allocated to those governorates have gone.

    It is worth noting that, according to the European Commission, “Since 2011, EU assistance to Tunisia has amounted to almost €3 billion (over €2 billion in grants and €800 million in macro-financial assistance).” With an average of €300 million ($360 million) per year between 2017 and 2020, these funds go toward the “Promoting good governance and the rule of law,” “stimulating a sustainable economic growth generating employment” and “Reinforcing social cohesion between generations and regions.” It is likely that these marginalized areas suffer locally from financial corruption and administrative misbehavior and are dominated by bureaucratic lobbies. Such underprivileged areas are often exploited politically by party and trade union elements to serve as a reservoir of popular protest against government policies.

    Likewise, ruling parties only pay attention to these marginalized regions during election campaigns. This has made the residents suffer the brunt of inequality and injustice. It leaves them with a difficult choice: to continue staying in neglected regions despite dire conditions or to leave their lands for major cities or to board migration boats to Europe. There is a definite need to improve the living conditions of the inhabitants of these regions, to provide them with resources for a decent living, to encourage greater investment in these regions and to revive the spirit of citizenship that will help regain confidence in the state.

    No Truth or Dignity

    In another context, the demand for justice for the victims of tyranny that the revolutionaries called for back in 2010 has not yet been fulfilled in an atmosphere where the transitional justice process is still stumbling. This includes the many obstacles that the Truth and Dignity Commission, which carries the mandate of investigating human rights abuses by the state, has faced — a lack of cooperation from state agencies and executive institutions being one of them. Observers have noticed that the perpetrators of violations did not attend the hearings and did not respond to lawsuits by judicial departments.

    This failure reinforces the culture of impunity and intensifies the suffering of the victims of the dictatorial regimes of President Habib Bourguiba (1956-1987) and his successor, Zine El Abidine Ben Ali (1987-2011). The state must make use of its authority to bring to justice the perpetrators, apologize to the victims and authorize reparations for their material and mental suffering so that they can resume their lives as part of the Second Republic.

    It is true that the revolution has, to some extent, removed the fear of the government and led to a decline in repression and the power of the president, the censors and the police. Critics were also released, the culture of protest spread, politics became a public affair and governance an ordinary exercise in which competing parties maintained an atmosphere of peace and democracy, with no single party having a monopoly.

    However, it is evident that some of the revolution’s goals have not been implemented. What is required is to make those goals not just promises and slogans, but a reality. The need of the hour for Tunisia is to further reform the judicial and government systems, ensure decentralization and comprehensive development to win citizens’ trust in the state, the revolution and the project of democratization.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Addressing the Fragile Limits of Female Autonomy

    On October 22, 2020, the United States co-sponsored a Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family. However, despite its name, this declaration states that “in no case should abortion be promoted as a method of family planning.” While it doesn’t legally impact access to abortion in the United States, it bars …
    Continue Reading “Addressing the Fragile Limits of Female Autonomy”
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    The Guardian view on Xinjiang and crimes against humanity: speaking and acting | Editorial

    It took a long time for leaders to notice, longer to condemn, and longer still to act. It took time for researchers to amass evidence of China’s treatment of Uighurs in Xinjiang – from mass detention to forced sterilisation – given the intense security and secrecy in the north-west region. Beijing initially denied the existence of the camps, believed to have held about a million Turkic Muslims, before describing them as educational centres to tackle extremism. But the hesitation by other governments also reflected the anxiety to maintain relations with the world’s second-largest economy.The US, on Donald Trump’s final day in office, became the first country to declare that China is committing genocide. The administration has already targeted officials and issued a ban on any cotton or tomato products from the region. On Tuesday, the secretary of state, Mike Pompeo, described a “systematic attempt to destroy Uighurs by the Chinese party-state … forced assimilation and eventual erasure”. A more cautious report from a bipartisan US Congressional commission said that China had committed crimes against humanity and “possibly” genocide.Mr Pompeo’s statement is a parting shot, made with some cynicism. (Not all criticism of human rights abuses, however merited, is motivated solely by human rights concerns; Mr Trump reportedly told Xi Jinping that the camps were “exactly the right thing to do”.) But the announcement is unlikely to be the end of the matter. Joe Biden’s campaign called it genocide months ago. While Mr Trump broke with the previous approach to China, the US has undergone a bipartisan shift, forged primarily by Beijing’s actions – not only in Xinjiang but also in Hong Kong, its handling of the pandemic and in international relations more broadly.The same change is evident in the UK, as evidenced by the sizeable Conservative rebellion in parliament on Tuesday, in which an amendment to the trade bill was narrowly defeated by 319 to 308. The genocide amendment originated in the Lords and was backed by all opposition parties, as well as a broad coalition outside parliament, including the Muslim Council of Britain and the Board of Deputies of British Jews. It proposes that the UK high courts could determine whether genocide is taking place, potentially leading to the revocation of trade deals. The Foreign Office argues that genocide determinations are complex matters better made by international institutions – knowing full well that in reality they will not consider them in this case, and that this is not a requirement of the Genocide Convention. The foreign secretary, Dominic Raab, struck a far stronger tone than before when he spoke recently of “torture and inhumane and degrading treatment … on an industrial scale” in Xinjiang. But the remedies he put forward – requiring firms to do better on due diligence – were feeble.A genocide finding is an extremely high bar: it is unclear whether a court would agree that Chinese actions passed it. It could not address Britain’s continuing sale of arms to Saudi Arabia despite its grotesque record, nor the recent agreement with Egypt, said by campaigners to be seeing its worst human rights crisis for decades. China – whose spokespeople have described “the so-called ‘genocide’” as “a rumour deliberately started by some anti-China forces and a farce to discredit China” – has shown itself increasingly impervious to international opinion.But at the very least, it must be ensured that western businesses do not profit from abuses such as forced labour. The willingness to say that human rights matter, and not only when it is convenient for the UK to do so, is important. MEPs too have promised to focus on them in their scrutiny of the new EU-China investment treaty, although Anglophone countries are taking a stronger stance towards Beijing in general. The political ground internationally is shifting. But measures can only hope to have an impact if like-minded nations act together and support each other. More

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    'My neighbourhood is being destroyed to pacify his supporters': the race to complete Trump's wall

    At Sierra Vista Ranch in Arizona near the Mexican border, Troy McDaniel is warming up his helicopter. McDaniel, tall and slim in a tan jumpsuit, began taking flying lessons in the 80s, and has since logged 2,000 miles in the air. The helicopter, a cosy, two-seater Robinson R22 Alpha is considered a work vehicle and used to monitor the 640-acre ranch, but it’s clear he relishes any opportunity to fly. “We will have no fun at all,” he deadpans.McDaniel and his wife, Melissa Owen, bought their ranch and the 100-year-old adobe house that came with it in 2003. Years before, Owen began volunteering at the nearby Buenos Aires National Wildlife Refuge, and fell in love with the beauty and natural diversity of the area, as well as the quiet of their tiny town. That all changed last July when construction vehicles and large machinery started “barrelling down the two-lane state road”, says Owen.Once work on President Donald Trump’s border wall began, construction was rapid. Sasabe, a sleepy border town, located over an hour from the nearest city of Tucson, was transformed into a construction site. “I don’t think you could find a single person in Sasabe who is in favour of this wall,” Owen says.The purpose of our helicopter trip today is to see the rushed construction work occurring just south of the couple’s house, as contractors race to finish sections of the border wall before Trump leaves office. Viewed from high above the Arizona desert, in the windless bubble of the cockpit, this new section of wall stretches across the landscape like a rust-coloured scar. McDaniel guides us smoothly over hills and drops into canyons, surveying the beauty of the landscape. Here, as on much of the border, the 30ft barrier does not go around; it goes over – stubbornly ploughing through cliffs, up steep mountainsides, and between once-connected communities.“That was already a pretty good barrier,” McDaniel says of the steep, unscalable cliff in front of us. The bulldozed path of Trump’s wall creeps up over the mountain’s west side, but on the other side of the cliff there is no wall, just a large gap. As with many areas on the border, the wall here is being built in a piecemeal fashion. According to the US Army Corps of Engineers, there are 37 ongoing projects, of which only three are set to be completed this month; others have completion dates as far away as June 2022.In August, at a virtual press conference with the National Association of Hispanic Journalists, Joe Biden told reporters that “there will not be another foot of wall constructed on my administration”. The 37 existing construction sites, in various stages of completion, are likely to be shut down.Yet he will have to formulate a more complex policy than simple suspension. Many of the private contractors building the wall have clauses in their contracts that will trigger large payouts if the government simply stops construction. There are also ongoing legal cases brought by private landowners from whom the government seized land. The exact nature of these obligations may only be clear to Biden once he takes office.In the meantime, Trump has accelerated building in the wake of the election, with crews working flat out, late into the night. Throughout December and into January, mountainsides were exploded with dynamite and large portions of desert bulldozed, to make way for a wall that may not be finished in time.For the past four years, I have been living in New Mexico, travelling in the borderlands and documenting the ongoing impact of the wall on communities and the environment.“They started working nights six weeks ago,” says photographer John Kurc, who has been documenting construction in the remote Guadalupe Canyon in Arizona since October last year. “It’s been nonstop ever since.”This is not about protecting America. It’s about protecting President Trump’s own interestsVerlon Jose, former vice-chair of the Native American Tohono O’odham Nation, tells me he has seen the wall plough through his ancestral homeland. “We are caretakers of this land. We are responsible for these things. Has anyone ever asked for permission from the local folks to do the construction? This is about President Donald Trump. It’s not about protecting America. It’s about protecting his own interests.”When construction stops, there will be large gaps in the new wall. In some places it will join up with older barriers that the Trump administration deemed inadequate; in others it will finish abruptly. “They work as fast as they can to build walls that will just end,” says McDaniel, as his helicopter circles back toward their property over saguaro-studded hillsides just north of the Mexican border. We drop altitude and approach the landing strip – a patch of dirt just off the road – whipping up a small dust storm as we touch the ground.***After four years of daily scandals, and the shocking scenes in Washington DC last week, it’s easy to forget that Donald Trump was elected in 2016 with one signature policy: to build a wall. That was the call echoed at his rallies, the embodiment of Trump’s hardline approach to immigration and his purported “America First” ideology. Trump claimed the wall would address an invasion of undesirable migrants, “bad hombres”, a nationalist rhetoric that resonated with his base. During his first week in office, Trump signed an executive order that included a policy for “the immediate construction of a physical wall on the southern border”.Construction began in 2019, mostly replacing existing fences, vehicle barriers, and other border structures, as well as unwalled sections of the border. The bollard wall, Trump’s barrier of choice, consists of a series of vertical steel posts set in concrete, with small gaps in between. While in some places it reaches a height of 30ft, it is less of a wall and more of an imposing metal fence.According to Kenneth Madsen, an associate professor in the department of geography at Ohio State University, the Department of Homeland Security (DHS) has waived 84 laws and statutes – many enacted specifically to protect the nation’s most treasured cultural and ecological sites – in order to expedite construction.Dozens of environmental and public health laws were brushed aside to build walls through parks and wildlife areas, including Organ Pipe Cactus National Monument, Cabeza Prieta National Wildlife Refuge, San Bernardino National Wildlife Refuge and Coronado National Memorial. “It has brought devastation to the environment and the communities of the borderlands,” says Scott Nicol, author of a 2018 report for the American Civil Liberties Union (ACLU) about the impact of the wall, and a resident of the Rio Grande valley in Texas.Nicol believes the wall’s charted course has been determined by ease rather than efficacy. Construction has been much busier on federally owned land, not because that’s where there are likely to be more border crossings, but because building on private property is a lengthy process. “Texas has the most border but the least wall mileage to date because the Texas borderlands are mostly in private hands,” says Nicol.According to the US Customs and Border Protection (CBP) agency, 452 miles of border wall have been constructed under the Trump administration, at an estimated cost of $15bn, one of the most expensive infrastructure projects in US history. In September 2019, Trump promised to build between 450 and 500 miles of wall, so he has reached this goal – even if the vast majority of it is replacing existing barriers.On Tuesday, days after the violent insurrection at the White House, Trump made a final visit to the border in Texas to celebrate reaching this target. During a short speech, he skirted any responsibility for the capital siege, and instead remarked on his successes in halting illegal immigration and securing the border.“When I took office, we inherited a broken, dysfunctional and open border,” he said. “We reformed our immigration system and achieved the most secure southern border in US history.”Has it had any impact on immigration? According to attorney David Donatti, from the ACLU of Texas, the answer is no. In recent months, according to CBP data, the number of people trying to cross has increased. “The wall as a whole is unlikely to have any discernible impact,” says Donatti. “In a race to construct, the administration is building where it’s easier as opposed to where most people cross.”And while the wall may be an impressive barrier, it is far from impregnable. Just after Christmas, Nicol visited a new section in the Rio Grande valley between Texas and Mexico and found numerous ladders scattered on the ground. “You can always go over,” he says.You can also go through. John Kurc started using drones to photograph and video the construction of the wall. The last time he was in the border town of Sonoyta, Mexico, he saw two young men with “yellow, handheld angle grinders” cutting through the wall while a lookout with a radio watched for Border Patrol. “They would put the section back with a special bonding agent and then use paint that oxidizes the same colour as the bollards,” says Kurc. “Then they just go in and out.”Gil Kerlikowske, the Obama-appointed former commissioner of the CBP, says there is not a one-size-fits-all solution for border security: “There are places where the environment is difficult and so remote you don’t need any barrier at all.” In these areas, surveillance and detection technologies would be more useful and cost-efficient, he argues. “It is such an unbelievably complex problem. When someone proposes a simple solution to a complex problem, you can be sure that’s the wrong solution.”***That’s not to say Trump’s wall has had no impact. Back on the ranch, cameras set up by Melissa Owen have captured passing wildlife – mountain lions and javelina, pig-like mammals, the skulls of which can also be found around the house. “There were no environmental surveys, no groundwater surveys, none of that,” says Owen. Once contractors arrived in town last summer, they began “pumping enormous amounts of water out of the ground” in order to mix concrete for the border wall’s foundations.Residents in Sasabe began complaining of reduced water pressure. At San Bernardino National Wildlife Refuge, groundwater pumping for concrete began draining a crucial wetland and endangering four threatened species of fish. Similar concerns were raised when the Quitobaquito Springs at Organ Pipe Cactus National Monument, home to the endangered desert pupfish began to dry out as contractors pumped water from the ancient aquifer that fed it. “That’s our water – that’s what we depend on,” says Owen, looking out towards arid ranchland that is suffering from a long drought.We had three different jaguars in 2016 – we haven’t seen signs of any since construction beganMyles Traphagen, borderlands coordinator of the Wildlands Network conservation group, has called Trump’s wall the “single most damaging project” to the ecology of the mountainous Sky Islands region and the animals that call it home – especially the jaguar, which has made a remarkable comeback in the US after being hunted to extinction by the late 1960s.“We had three different jaguars in 2015 and 2016, which hadn’t happened since the 1930s,” says Chris Bugbee, a senior researcher at Conservation CATalyst, an organisation dedicated to the world’s 38 wild cat species.“If this border wall hadn’t started, we expected a female to eventually arrive and have breeding jaguars again,” adds Aletris Neils, Conservation CATalyst’s executive director.The jaguar is one of numerous species – such as the endangered ocelot and the Mexican gray wolf – found in a region that extends from south-western New Mexico into western Arizona and far down into Mexico. If current border wall construction is completed, says Traphagen, “93% of jaguar habitat will have been walled off”.Only males have been seen in the US since the 60s. They have huge ranges and some travel north where there is plenty to eat, before returning south to find a mate. There is currently one jaguar (whose location cannot be shared due to poaching concerns) on the US side, cut off from Mexico because of the wall.Bugbee has spent years tracking the famous “El Jefe” jaguar, one of the few sighted recently in the US, with his dog Mayke. “We haven’t seen signs of any jaguars since construction began,” he tells me when we meet at the Coronado National Forest, where he previously tracked the cat. A mile or so away, construction workers have been blasting and bulldozing over the steep Montezuma Pass, where another jaguar, known as Yo’oko, once roamed.Owen and McDaniel are far from open-border liberals. The entrance to their ranch has a sign that reads: “Border Patrol always welcome”. Owen’s two horses, Rocker and Kiowa, are retired Border Patrol horses – “the best”, she says of their temperament. In her early years on the ranch, Owen says, undocumented migrants and smugglers were coming across the border in large numbers. She would frequently encounter migrants on her property. One morning someone broke into her house. “I don’t want it to go back to then,” she says, but adds that the economic downturn of 2008 has slowed immigration considerably. “No one wants a secure border more than I,” she says. “But a 30ft-tall, poorly constructed barrier is not the answer. It’s a campaign gimmick. My neighbourhood is being destroyed because a megalomaniac wants to pacify his supporters.”During his election campaign, Trump claimed that Mexico would pay for the wall. Once he was in office, Congress provided some $1.37bn a year for construction, but each year the president demanded more, ultimately declaring a national emergency in order to divert military funds to pay for the wall. It’s estimated by the US Army Corps of Engineers that Biden will save about $2.6bn if he stops construction on the border wall in his first day in office.Trump, and some within CBP, have maintained that the wall is a crucial means of halting smuggling. “Illegal drug and human smuggling activities have decreased in those areas where barriers are deployed. Illegal cross-border traffic has also shifted to areas with inferior legacy barriers or no barriers at all,” said a DHS spokesperson in a recent email to the Guardian.Kerlikowske, who also served as director of the Office of National Drug Control Policy between 2009 and 2014, admits that drug trafficking is a problem. However, he points out that the vast majority of illicit substances, such as fentanyl, cocaine and heroin, are smuggled through legal ports of entry where elaborate walls and security systems already exist. “During my time as commissioner, I met with hundreds of border patrol agents. No one in the border patrol says we really need a wall,” he says.As you keep building, you keep pushing people into more remote and dangerous areasDonatti from the ACLU of Texas says there is little evidence that walls deter either drugs or undocumented immigration, which is being driven primarily by so-called push factors (war, poverty, desperation) in other countries. “The US federal government has tried to study this several times and has never found support that a border wall stops the flow of undocumented immigration,” he says.One thing border walls are effective at is increasing the number of migrant deaths. As the US has walled off more of its border, the risk to migrants crossing illegally has increased. Since 1998, around 7,000 people have died along the US-Mexico border, the majority in Arizona’s rural deserts and, in recent years, the Rio Grande valley. “As you keep building, you keep pushing people into more remote and dangerous areas,” says Donatti.“It’s a humanitarian disaster,” agrees Eddie Canales, of the South Texas Human Rights Center, who has spent the past decade operating hundreds of water stations in the Rio Grande valley in Texas to save migrants. “We do what we can,” Canales told the Guardian in early 2020. “But people keep dying.” The wall funnels people into more dangerous crossing points, where physical barriers do not yet exist. Summer temperatures in the Arizona desert are brutal; 2020 became the deadliest year since 2010 for those who crossed the border there.***“It’s hard for people to understand what this means to us, as O’odham and Native Americans. What it means to us as the original indigenous peoples of this land,” says Verlon Jose.When I visit Organ Pipe Cactus National Monument, a pristine tract of Sonoran desert, earlier this year, contractors are busy dynamiting Monument Hill, a sacred mountain and burial site for the Tohono O’odham people. Uprooted saguaros, the huge, tree-like cacti sacred to the tribe, dot the path of the wall. “It was like, ‘Tell me where your grandparents live, and I’ll put a wall through there,’” says Jose.“In certain areas, we won’t be able to continue our traditional practices,” says Jose, whose tribal members span both sides of the border. “We spent billions of dollars on the wall. Why don’t we invest it in our border cities and towns?”According to Norma Herrera, a border resident from McAllen, Texas, the wall’s $15bn price tag is an insult to one of the county’s most impoverished regions, where critical infrastructure is often lacking. This issue was laid bare during the pandemic, when places such as the Rio Grande valley in Texas, a centre of border wall construction, was devastated by Covid. Hospitals reached capacity, deaths mounted, and all the while, the wall continued to rise.“We had more deaths in the region than the entire state,” says Herrera, community organiser at the Rio Grande Valley Equal Voice Network, which advocates for marginalised groups in the area. “To see the wall going up, to see resources used on useless steel and concrete, it’s senseless.”According to Donatti, whose parents originally emigrated from Argentina to the US, the wall should be seen in the context of broader exclusion policies – such as the Remain in Mexico programme enacted by Trump, under which asylum seekers arriving at ports of entry are returned to Mexico to wait for their US immigration proceedings. “It’s this idea that there is a fundamental Americanness, and either you’re inside, or you’re out,” he says.That idea was evident in late 2019, when I visited a shelter in Tijuana. The two-storey building in the neighbourhood of Benito Juárez was packed with families, with mattresses sprawled over every inch of open floor. At that time in Tijuana, nearly 10,000 asylum seekers were waiting for their immigration hearings after being turned back at the border and sent to one of the most dangerous cities in Mexico.Many are hopeful that under the Biden administration the approach to migrants and the borderlands will change; that policies such as Remain in Mexico will be undone; and even that sections of the border wall will be removed. A week after inauguration day, a coalition of groups across the borderlands will begin a monitoring project in order to assess the damage, and to see what needs to be done. Some hope certain sections can be removed in order to reconnect critical habitats and communities.Verlon Jose of the Tohono O’odham has a “sliver of hope” that some of the walls will come down. “I believe Biden will not build another inch,” he adds.Others are not so sure. “Optimism? No,” says Donatti of the prospect of the wall coming down. “He hasn’t committed to as much. But there is a strong coalition along the border that will be fighting for it.”John Kurc, who has spent thousands of hours watching the destruction of Guadalupe Canyon, sees the scale of the challenge. “The Trump administration has caused so much damage to these environments,” he says, peering through a set of binoculars as a crane hoists up an isolated section of wall, with huge gaps on each side. “We have a lot of work to do.” More

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    Asia’s Lèse-Majesté Laws Are a Futile Attempt to Stifle Dissent

    There are currently six countries in Asia with royal families: Japan, Malaysia, Cambodia, Bhutan, Brunei and Thailand. Each possesses unique lèse-majesté laws, which criminalize insults against the monarch and members of the royal family. In Malaysia, Cambodia and Thailand, a disturbing trend of censorship under the guise of lèse-majesté has been escalating for years. The history, rationale and application of these laws can shed insights on their claim to legitimacy, what they perceive to be threats, and whether they have evolved into a new form of censorship disguised by calls for respect and propriety.

    In Japan, the last lèse-majesté conviction occurred in 1946, when a factory worker held up a placard mocking the emperor during postwar food shortages. However, the accused was soon pardoned under an imperial amnesty commemorating the new constitution, which does not include lèse-majesté articles. Under the new constitution, the emperor was protected as an individual and as a symbolic head of state, with an emphasis placed on respect rather than an acknowledgment of exalted status. Japan is a constitutional monarchy, with parliament controlling the government and the emperor holding a largely ceremonial role. However, a constitutional monarchy is no guarantee of reasonable lèse-majesté laws.

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    In Malaysia, while the Malay home minister had said that there was no need for lèse-majesté laws, the Sedition Act of 1948 is more than enough to serve the same purpose. A colonial relic, the legislation bans any act or speech of “seditious tendency” against the government or any of the country’s nine sultans. Calls for reforms have been repeatedly delayed, and at least 97 cases of social media users criticizing Malay rulers have been investigated. In a country with multiple ethnicities and religions, social harmony is cited as the basis for the law and dissidents are blamed for inciting division.

    Cambodia adopted its own lèse-majesté laws in 2018, allowing prosecutors to file suit on behalf of the monarchy against anyone deemed to be insulting it. Punishments range from prison terms and fines unaffordable for most Cambodians. The first application of the new legislation occurred when a teacher was arrested for his comments on Facebook accusing the king of the dissolution of the Cambodia National Rescue Party (CNRP). The CNRP was the sole challenger to the ruling Cambodia People’s Party and, months later, a CNRP deputy leader was likewise accused of lèse-majesté.

    While Bhutan does not have lèse-majesté provisions, Section 317 of its penal code relating to defamation has been applied against a journalist who shared an online petition against a business mogul. The mogul also happens to be the father-in-law of the chief justice of Bhutan, himself a royal appointee, and criticism against royally appointed officials can be seen as direct criticism of the monarch. 

    Sources on Brunei’s lèse-majesté laws are scant, but the deputy director of the Royal Brunei Police Force had previously made a complaint of defamation to the Indonesian police. The deputy director is himself a member of the Brunei royal family, and the complaint was made over an Instagram account that posted pictures of Sultan Hassanal Bolkiah with insulting comments. There were no further reports on this complaint and the offending photos were later deleted from the account.

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    Of the six countries, Thailand has by far applied its lèse-majesté laws most aggressively, and the number of convictions is on the rise. Before 2020, the last cases under the legislation were prosecuted in 2018, and Prime Minister Prayuth Chan-ocha has attributed the drop to the mercy of King Vajiralongkorn. However, cases rose in parallel with protests that began in July last year, calling for Prayuth’s resignation, the revision of the constitution and reform of the monarchy.

    The protest leaders have been charged with lèse-majesté, and the Thai government is now prosecuting social media giants for not curtailing posts critical of the royal family. Article 112 of Thailand’s criminal code specifies that anyone who “defames, insults or threatens the king, the queen, the heir-apparent or the regent” will be punished with a jail term between three and 15 years, while the Thai Constitution also states that “No person shall expose the King to any sort of accusation or action.” Individuals charged or investigated under lèse-majesté legislation include a BBC correspondent, a US ambassador, a celebrity fortune-teller as well as activists and ordinary folks sharing posts on social media.

    The previous United Nations special rapporteur on the promotion of freedom of opinion and expression, David Kaye, had called the provisions “incompatible with international human rights law.” The law allows anyone to file a complaint, and the minimum sentence of three years makes it impossible for judges to reduce jail time for civilians who must work to support their families.

    Needless to say, if criticism of the monarchy is automatically equated with disrespect, there is little room for a free press to perform its role as a watchdog in countries like Cambodia, Malaysia and Thailand. Taken to the extreme, lèse-majesté laws can create an environment filled with fear and petty denunciations, but they are unlikely to completely squelch public dissatisfaction. Soviet-era censorship gave birth to a culture of satire and circumvention tactics, and while social media may make policing personal opinions easier, it also spreads the word of dissent much faster between the like-minded. In some cases at least, trying to quash criticism may be the best way to draw attention to it.

    *[Fair Observer is a media partner of Young Professionals in Foreign Policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    'Family detention still exists': immigration groups warn the fight is far from over

    Few people have been as closely involved with family separation and reunification as attorney Erika Pinheiro, one of the leaders of the immigration advocacy group Al Otro Lado.And though Joe Biden’s win in the presidential election puts an end to Donald Trump’s laser focus on restricting all forms of immigration, Pinheiro wants people to understand that the fight for immigrant rights in the country is far from over.“There’s still a lot of work to do,” Pinheiro, Al Otro Lado’s litigation and policy director, said. “It’s not a given that everyone will be reunified, or families, babies are going to be let out of cages – family detention still exists.”Al Otro Lado has offices on both sides of the border, where it assists immigrants with family reunification, detention, access to healthcare, asylum, deportation and other issues.It was founded in 2011 and was volunteer run until Trump won the 2016 election on an anti-immigrant platform. The group’s leaders then committed to the work as a full-time, paying job.It has been a grueling four years. Pinheiro said the Trump administration caused her to question how she could be an attorney when laws were changing each week and the government did not seem interested in following the ones which remained. “Just the baseline of being able to do our jobs as attorneys was thrown into chaos,” Pinheiro said.There was the added factor of responding to atrocities a tired, exhausted world didn’t want to, or couldn’t, process.“It felt in many instances that it was screaming into the ether about people dying at the border, people suffering all these horrific human rights violations,” she said. “And some of it got through to the public, like family separation, but a lot of it didn’t.”With Covid, the group’s work has expanded even more.“We also have had to do emergency food assistance, quarantine housing for medically vulnerable families,” Pinheiro said. “We’ve supported a dozen shelters in getting clean water and food and PPE, we have helped raise the capacity of several medical organizations here on the border to make sure our clients would have access to any care.”The Centers for Disease Control and Prevention (CDC) bars asylum seekers and refugees from the US under an order called Title 42. People who attempt to cross the border are returned, or expelled, back to Mexico, without an opportunity to test their asylum claims. More than 250,000 migrants processed at the US-Mexico border between March and October were expelled, according to US Customs and Border Protection data.The situation is dire. Thousands of asylum-seekers are stuck at the border, uncertain when they will be able to file their claims. The camps they wait in are an even greater public health risk that before.Outside the border, Al Otro Lado has fought for detained migrants to get PPE and medical releases. Prisons are one of the worst possible places to be when there is a contagious disease and deaths in the custody of US immigration authorities have increased dramatically this year. They have also provided supplies to homeless migrants in southern California who have been shut out of public hygiene facilities.Pinheiro said there will be improvements with Trump out of office, but some of the Biden campaign promises to address asylum issues at the border will be toothless until the CDC order is revoked. It’s a point she plans to make in conversations with the transition team.A prime concern for advocates about the Biden administration is that it will include some of the same people from Barack Obama’s administration, which had more deportations than any other president and laid the groundwork for some controversial Trump policies.While it is a worry for Pinheiro, she has hope that the new administration will build something better. “I would hope a lot of those people, and I know for some of them, have been able to reflect on how the systems they built were weaponized by Trump to do things like family separation or detaining children,” she said.Family separation, which has left 545 children still waiting to be reunited with their parents, was a crucial issue for many voters and Pinheiro hopes that energy translates to other immigration policies.“How did you feel when your government committed the atrocity of family separation in your name?” Pinheiro said. “The next step is really understanding that similar and sometimes worse atrocities are still being committed in the name of border security and limiting migration.” More

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    Trump's Blackwater pardons an affront to justice, say UN experts

    Donald Trump’s pardon of four American men convicted of killing Iraqi civilians while working as contractors in 2007 violated US obligations under international law, United Nations human rights experts have said.Nicholas Slatten was convicted of first-degree murder and Paul Slough, Evan Liberty and Dustin Heard were convicted of voluntary and attempted manslaughter over an incident in which US contractors opened fire in busy traffic in a Baghdad square and killed 14 unarmed Iraqi civilians.The four contractors, who worked for the private security firm Blackwater, owned by the brother of Trump’s education secretary, were included in a wave of pre-Christmas pardons announced by the White House.“Pardoning the Blackwater contractors is an affront to justice and to the victims of the Nisour Square massacre and their families,” said Jelena Aparac, the chair of the UN working group on the use of mercenaries.The group said the Geneva conventions obliged states to hold war criminals accountable for their crimes, even when they are acting as private security contractors. “These pardons violate US obligations under international law and more broadly undermine humanitarian law and human rights at a global level,” it said.By allowing private security contractors to “operate with impunity in armed conflicts”, states would be emboldened to circumvent their obligations under humanitarian law, the group said.The pardons have been strongly criticised by many in the US. Gen David Petraeus and Ryan Crocker, respectively the commander of US forces and the US ambassador in Iraq at the time of the incident, called Trump’s pardons “hugely damaging, an action that tells the world that Americans abroad can commit the most heinous crimes with impunity”.In a statement announcing the pardons, the White House said the move was “broadly supported by the public” and backed by a number of Republican lawmakers. More

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    It’s Time to Introduce a Universal Basic Income for India’s Farmers

    In September, India passed three bills that immediately led to protests by farmers demanding to repeal the legislation. The new laws seek to remove the government’s minimum support price for produce that shielded India’s farmers from free-market forces for decades. In allowing the farmers to set prices and sell directly to businesses, the reforms are …
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