rights

Attorney General Eric Holder Delivers Remarks at the African American History Month Celebration Marking the 50th Anniversary of 1964 Civil Rights Act

It’s a special privilege to share the stage with Deputy Marshal [Kirk] Bowden, who, as we’ve just heard, stood on the literal front lines of this fight during a critical moment in the Civil Rights Movement – at a time when young students, law enforcement officials, National Guardsmen, and brave citizens risked their lives to integrate historic institutions across the Deep South.




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French Citizen Pleads Guilty to Obstructing Criminal Investigation into Alleged Bribes Paid to Win Mining Rights in the Republic of Guinea

Frederic Cilins, 51, a French citizen, pleaded guilty today in the Southern District of New York to obstructing a federal criminal investigation into whether a mining company paid bribes to win lucrative mining rights in the Republic of Guinea.



  • OPA Press Releases

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Justice Department Files Lawsuit Against Con-Way Freight Inc. to Enforce Reemployment Rights of Temporarily Disabled Servicemember

The Department of Justice filed a lawsuit today against Con-Way Freight Inc. alleging that the company violated the Uniformed Services Employment and Reemployment Rights Act.



  • OPA Press Releases

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Justice Department Settles Lawsuit Against Penske Truck Leasing Co. to Enforce Employment Rights of Air Force Reserve Member

The U.S. Justice Department’s Civil Rights Division and U.S. Attorney Dana J. Boente for the Eastern District of Virginia announced today that they had reached an agreement with Penske Truck Leasing Co. resolving claims that Penske violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).



  • OPA Press Releases

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Former Lowndes County, Georgia, Sheriff’s Deputy Pleads Guilty to Civil Rights Conspiracy Charge

Jason Stacks, a former Lowndes County Sheriff’s Office (LCSO) Deputy, pleaded guilty today to conspiring to use his law enforcement authority to unlawfully detain and take money from motorists.



  • OPA Press Releases

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Civil Rights Division Highlights Accomplishments and New Records for 2013

The Department of Justice Civil Rights Division today released its accomplishments report for 2013. This report supplements the division’s first accomplishments report, issued last year, on the division’s work during the first four years of Attorney General Eric Holder’s leadership.



  • OPA Press Releases

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Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels Speaks at Press Conference Announcing Agreement with Missoula County Attorney’s Office

"Today’s groundbreaking agreement represents another important step forward in our ongoing effort to ensure that survivors of sexual assault in Missoula are treated with dignity and respect and have the full protection of the criminal justice system"




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Deputy Assistant Attorney General for the Civil Rights Division Pamela Karlan Speaks at the 2014 LGBT Pride Month Celebration

..."the velocity of the change should not blind us to the fact that if other civil rights struggles in America are any lesson, we have decades to go and we may need to fight as hard to preserve the gains we’ve won as to achieve new ones."




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Remarks by Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels at GE Capital Retail Bank Press Conference

The settlement resolves claims that the bank discriminated against Hispanic borrowers by excluding them from two credit card debt-repayment programs. It is the federal government’s largest credit card discrimination settlement in history.




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Former Louisiana State Corrections Official Pleads Guilty to Civil Rights Violations

Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division and U.S. Attorney Walt Green for the Middle District of Louisiana announced today that a third former state corrections official has pleaded guilty to civil rights violations related to the beating of an inmate at the Louisiana State Penitentiary in Angola, Louisiana



  • OPA Press Releases

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Criticizing Wisconsin’s Voter Id Statute, Attorney General Holder Pledges Aggressive Enforcement of Remaining Parts of Voting Rights Act

On the one-year anniversary of the Supreme Court decision that struck down a key part of the Voting Rights Act, Attorney General Eric Holder pledged Wednesday that the Justice Department would remain aggressive in using Section 2 of the law—which was left intact by the Court’s decision—to guard against unjust voting restrictions



  • OPA Press Releases

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Justice Department and Howard University to Host Program Celebrating 50th Anniversary of Civil Rights Act of 1964

The Department of Justice announced today that it will be co-hosting the historic program and celebration, “The 50 th Anniversary of the Civil Rights Act of 1964: Preserving Progress, Charting the Future,” with Howard University on July 15, 2014. Signed into law by President Lyndon B. Johnson on July 2, 1964, the groundbreaking act outlawed discriminatory voting requirements and segregation in schools, employment and places of public accommodation. Attorney General Eric Holder has made protecting civil rights a top priority of his administration of the Department of Justice



  • OPA Press Releases

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Attorney General Eric Holder to Deliver Keynote Address at Justice Department and Howard University Celebration of the 50th Anniversary of Civil Rights Act of 1964

Attorney General Eric Holder will deliver the keynote address at the Department of Justice’s 50th anniversary celebration of the Civil Rights Act of 1964. Secretary of Labor Thomas Perez, Secretary of Education Arne Duncan, Congresswoman Eleanor Holmes Norton, Deputy Attorney General James Cole, Associate Attorney General Tony West, Ambassador Andrew Young and Howard University Interim President Dr. Wayne A.I. Frederick will also deliver remarks at the event co-hosted by Howard University, on TUESDAY, JULY 15, 2014, at 10:00 a.m. EDT, to honor the civil rights movement and celebrate the groundbreaking act



  • OPA Press Releases

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Remarks as Prepared for Delivery by Attorney General Holder at the Community Relations Service 50th Anniversary of the Civil Rights Act of 1964 Ceremony

"We must recommit ourselves to the legacies of visionary leaders and courageous citizens who made the passage of the Civil Rights Act, and the creation of this agency, possible. And we must resolve to keep moving forward together – as one nation and one people – driven by the needs that remain unfulfilled, determined to transcend the barriers that still divide us, and dedicated to the enduring promise of equal justice under law."




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Attorney General Holder Delivers Remarks at Howard University for the 50th Anniversary Celebration of the Civil Rights Act

That, at its core, is what defines us as Americans: a people born of revolution and tested by civil war. A nation founded on equality but built by those in chains. A country first imagined, centuries ago, by imperfect people driven by a near-perfect vision – a vision conceived by patriots who dared to reach beyond themselves and defended later by activists who fought for equal justice – and who challenge us, even today, to make this promise real.




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Associate Attorney General Tony West Delivers Remarks at Howard University for the 50th Anniversary Celebration of the Civil Rights Act

Today, we are privileged to be joined by two national leaders who have worked tirelessly to "pay it forward" by devoting their lives to promoting justice, fairness, and equality.




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Deputy Attorney General James M. Cole Delivers Remarks at the 50th Anniversary of the Civil Rights Act of 1964 Howard University Event

History is not just a series of events; it is the people who create those events. It is the impact of the stories—told and untold—of the many trailblazers and unsung heroes whose tireless sacrifices and relentless dedication have resulted in justice, equality, opportunity, and freedom for all.




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French Citizen Sentenced for Obstructing a Criminal Investigation into Alleged Bribes Paid to Win Mining Rights in Guinea

Frederic Cilins, a 51-year old French citizen, was sentenced today in the Southern District of New York to 24 months in prison for obstructing a federal criminal investigation into alleged bribes to obtain mining concessions in the Republic of Guinea



  • OPA Press Releases

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Attorney General Holder Announces Justice Department Filings in Voting Rights Cases in Wisconsin and Ohio

Attorney General Eric Holder announced today that the Justice Department has submitted filings in voting rights cases in Wisconsin and Ohio. The department’s involvement in these two cases represents its latest steps to enforce the remaining parts of the Voting Rights Act against restrictive state laws, following up on the department’s lawsuits last year against similar measures in Texas and North Carolina



  • OPA Press Releases

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U.S. Attorney for the Southern District of New York Finds Pattern and Practice of Excessive Force and Violence at New York City Jails on Rikers Island That Violates the Constitutional Rights of Adolescent Male Inmates

Attorney General Eric Holder and United States Attorney for the Southern District of New York Preet Bharara announced today the completion of the Justice Department’s multi-year civil investigation pursuant to the Civil Rights of Institutionalized Persons Act (“CRIPA”) into the conditions of confinement of adolescent male inmates on Rikers Island. The investigation, which focused on use of force by staff, inmate-on-inmate violence, and use of punitive segregation during the period 2011-2013, concluded that there is a pattern and practice of conduct at Rikers Island that violates the rights of adolescents protected by the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The investigation found that adolescent inmates are not adequately protected from physical harm due to the rampant use of unnecessary and excessive force by New York City Department of Correction (“DOC”) staff and violence inflicted by other inmates



  • OPA Press Releases

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The following joint statement was released Friday by FBI Special Agent in Charge William P. Woods, U.S. Attorney for the Eastern District of Missouri Richard G. Callahan and Acting Assistant Attorney General for the Civil Rights Division Molly Moran

The former chief executive officer of Hanover Corporation was sentenced today to serve 14 years in prison, to be followed by three years of supervised release and ordered to pay $14,784,983.75 in restitution for orchestrating an $18 million Ponzi scheme



  • OPA Press Releases

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Statement by Justice Department Spokesman on Latest Developments in Federal Civil Rights Investigation in Ferguson, Missouri

The following statement was released Sunday by Justice Department spokesman Brian Fallon concerning the federal civil rights investigation into the shooting of Michael Brown in Ferguson, Missouri



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Attorney General Statement on Latest Developments in Federal Civil Rights Investigation in Ferguson, MO

Attorney General Eric Holder released the following statement Monday following his briefing of President Obama on the latest developments in the federal civil rights investigation in Ferguson, Missouri



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Six Former Puerto Rico Police Officers Plead Guilty to Federal Civil Rights, Obstruction of Justice and Perjury Charges

Three Puerto Rico police officers, Erick Rivera Nazario, Angel Torres Quinones and Antonio Rodriguez Caraballo today pleaded guilty to federal civil rights charges in connection with the fatal beating of 19-year-old Jose Luis Irizarry Perez, announced Acting Assistant Attorney General Molly Moran for the Civil Rights Division, United States Attorney Rosa Emilia Rodriguez-Velez for the District of Puerto Rico, and Special Agent in Charge Carlos Cases of the FBI San Juan Field Office.



  • OPA Press Releases

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Breaking bad in the Middle East and North Africa: Drugs, militants, and human rights

The Middle East and North Africa are grappling with an intensifying drug problem—increased use, the spread of drug-related communicable diseases, and widening intersections between drug production and violent conflict. The repressive policies long-applied in the region have not prevented these worsening trends.

      
 
 




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The Human Rights of Internally Displaced Persons

Chairperson, Excellencies, distinguished Delegates, Ladies and Gentlemen,

I have come to New York from Kampala where I attended last week’s African Union Special Summit of Heads of State and Government on refugees, returnees and internally displaced persons in Africa. There, I witnessed the historic moment of the adoption of the AU Convention on the Protection and Assistance of Internally Displaced Persons in Africa. The importance of this Convention cannot be underestimated. Building on the UN Guiding Principles on Internal Displacement it is the first legally binding IDP-specific treaty covering an entire continent. The Convention is a tremendous achievement and a beacon of hope for the almost 12 million people in Africa internally displaced by conflict and the many more internally displaced by natural disasters, and hopefully serves as a model for other regions, too.  

I commend the African Union for its leadership in developing this Convention. I urge all African states to ratify it and implement its provisions, and I call on the international community to seize this momentum and to lend all support needed to its implementation. 

Mr. Chairperson, 

Reflecting on my mandate’s activities over the past 12 months, I would first like to highlight three topics: climate change and natural disasters, internal displacement and peace processes and the search for durable solutions for internally displaced persons. 

Climate Change and Internal Displacement

Climate change increases the frequency and magnitude of climate related disasters, both sudden-onset disasters like flooding and hurricanes and slow-onset disasters such as desertification. The negative impact of these disasters can be mitigated by adopting disaster risk reduction measures. Yet, it is expected that the number of persons displaced by climate related disasters will increase. Most of these people will remain within their own country; hence they will be internally displaced persons to whom the UN Guiding Principles on Internal Displacement apply. It is therefore crucial to enhance capacities of governments and humanitarian actors to provide protection and assistance to these persons. I strongly call on states to ensure that the adaptation and risk management regime of the new UNFCCC framework agreement covers forced displacement. 

Internal Displacement and Peace Processes

Finding durable solutions for internally displaced persons is an essential element of a successful peace process. The way the issue is addressed in peace agreements often predetermines how internal displacement is dealt with in the aftermath of conflicts. Many peace agreements reflect the issue of internal displacement insufficiently or haphazardly. Therefore, over the past 18 months and in close cooperation with the Mediation Support Unit of the Department for Political Affairs of the UN and humanitarian, human rights and mediation experts, I developed a guide on internal displacement and peace processes for mediators. This guide provides advice on how to consult with internally displaced persons and engage them in the different phases of a peace process even if they do not sit at the negotiation table and on what kind of key displacement-specific issues should be addressed in the text of a peace agreement. It will be published later this year.[1] 

I deepened my engagement with the Peacebuilding Commission through a country-based engagement on Central African Republic. I am pleased to see that the country specific strategic framework reflects many of the recommendations that I submitted on the basis of a working visit to this country last February. I plan to remain engaged with the Peacebuilding Commission in the course of the coming year. 

I call on all actors presently involved in peace and peacebuilding processes to adequately address the specific needs of IDPs in the aftermath of armed conflicts. 

Durable Solutions for IDPs

In the many missions I carried out over the past five years, I noticed that finding durable solutions for IDPs is always a tremendous challenge. It is a multi-faceted, long, complex and often expensive process, which requires the coordination and cooperation of a variety of actors from among national and local authorities, and the humanitarian and the development communities. With policy guidance such as that provided by the Framework for Durable Solutions—a document developed by my office and the Brookings-Bern Project on Internal Displacement a few years ago and presently being revised in close cooperation with relevant stakeholders[2]—we know what should be done, but we must improve on the ground. Too often the coordination between humanitarian and development actors is insufficient, the funding for early recovery activities is lacking or IDPs are simply not a priority in recovery, reconstruction and development plans resulting in gaps jeopardizing the sustainability of returns or local integration of the displaced when the humanitarian actors phase out and the development partners are not yet able to show tangible progress in restoring infrastructure, services and livelihoods. Based on my observations in many countries, I have come to the conclusion that the practical problems in this area are a consequence of systemic failures in bringing humanitarian and development actors together to work hand in hand at an early stage of recovery. In addition to differences in approaches and cultures, these failures can to a large extent be attributed to a lack of flexible funding mechanisms for early recovery and reconstruction in spite of some recent steps in the right direction, including the creation of the peace-building fund.  

Country Situations  

Mr. Chairperson, 

The second pillar of my mandate is the engagement in a constructive dialogue with governments. I am grateful that with a few exceptions the countries that I approached during this reporting period were open to engage with my mandate. 

Allow me to provide you with an update on important developments since the completion of my written report to the General Assembly:  

I carried out a mission to Somalia from 14 – 21 October. Lack of humanitarian access, security risks for humanitarian workers, and the sharp decline in donor contributions exacerbate this long-standing humanitarian crisis, and international attention to the plight of IDPs is largely insufficient. I was shocked by the degree of violence the civilian population and in particular internally displaced persons in South and Central Somalia suffer. Serious violations of international humanitarian and human rights law are committed in an environment of impunity. Such acts are a major cause of the displacement of 1.5 million persons, the majority of whom are women and children. They remain highly vulnerable and exposed to serious human rights violations, in particular sexual violence, during flight and in IDP settlements. Many of the displaced try to reach safety in Puntland or Somaliland, where the high number of internally displaced persons puts enormous strain on the limited existing resources and basic services available. Reception capacities for new internally displaced persons must be strengthened and basic services expanded to reduce the burden on host communities. Further robust development interventions are needed to transform humanitarian action into sustainable livelihoods and investing into education and job opportunities for the youth is a must in an environment where recruitment by radical forces is often the only opportunity offered to them. Present efforts by the authorities, humanitarian, development and human rights actors are largely insufficient to bring urgently needed change. I urgently call on the international community to strengthen these efforts and to reaffirm its commitment to Somalia. 

I was twice in Sri Lanka over the past six months; in April, shortly before the end of hostilities, and again in September at a time the security situation had vastly improved, although over 250,000 internally displaced were still held in closed camps. Restoration of their freedom of movement has become a matter of urgency, and immediate and substantial progress in this regard is an imperative for Sri Lanka to comply with its commitments under international law. I discussed a three-pronged strategy for decongesting the camps with the government, which is based on returns of IDPs to their homes, release of IDPs to host families and transfer of IDPs to small open welfare centers in the region of return as a transitional solution until return is possible. I urged the Government to pursue these options in parallel with highest priority, to speed up the screening procedures, and to immediately release those not deemed to pose a security threat. Since my visit, this process has started. I acknowledge the progress made so far in demining and reconstructing returnee areas and releasing and returning a good number of displaced people to Jaffna and Mannar, Trincomalee and Batticaloa as well as to Vavuniya and Killinochi. I underline that this return needs to happen according to international standards. At the same time, I continue to reiterate that the ultimate goal is the restoration of freedom of movement and finding durable solutions for all IDPs. 

During my visit to Georgia of last autumn, I reiterated that there should be no discrimination between different persons internally displaced in Georgia’s different waves of displacement. The approximately 220,000 individuals who have been displaced over the long-term in Georgia should be able to avail themselves of the same possibilities to improve their living conditions as are enjoyed by those more recently displaced. I welcome that in the meantime the government has adopted an action plan to improve the housing situation of the long-term displaced and started to implement it. I am also grateful that a solution was found allowing me to visit the Tskhinvali region/South Ossetia region next week. 

I remain engaged on the situation in the Democratic Republic of the Congo. In March 2010, six other special procedures and I will report to the Human Rights Council on progress the DRC made in implementing a series of recommendations we previously made on how to tangibly improve the situation on the ground. Despite encouraging returns of 110,000 persons in North Kivu Province over the last two months, I remain concerned about the overall deterioration of the humanitarian situation due to the continued attacks on civilian populations carried out by LRA (Lord’s Resistance Army) militias and the impact of the military operations against the FDLR (Forces Démocratiques pour la Libération du Rwanda) armed group and the FDLR’s reprisals against the civilian population triggering new displacements.  

My working visits to Uganda and Serbia had a special focus on durable solutions. In Uganda, I was impressed to see that the majority of the formerly 1.8 million internally displaced persons have returned to their villages and I expressed my appreciation to the Government for its continued efforts. Sustaining returns remains a challenge that must be addressed by quick impact recovery and development activities, which requires stronger action by development agencies and support of donors. Despite the huge progress made thus far, the fate of a considerable number of particularly vulnerable individuals left behind in camps or living in transit sites as well as a general lack of synchronicity between the phasing out of humanitarian assistance and the increase of development activities in returnee areas continue to be a source of concern. 

Many of the 200,000 persons internally displaced from and within Kosovo (I am using the term in accordance with the U.N. position of strict neutrality on the status question) have not yet found a durable solution. I note with appreciation that all relevant authorities in Pristina expressed their commitment to facilitate returns of displaced persons, regardless of their ethnicity. However, due to entrenched patterns of discrimination in every sector of life and also a lack of support, in particular at the municipal level, there have only been a few sustainable returns. At the same time, I wish to reemphasize that the right for a dignified life and the right to return are not mutually exclusive. In this respect, I would like to commend the increased efforts of the Government of Serbia to improve the living conditions of internally displaced persons who have not returned.  

Mr. Chairperson, 

This is my last report which I present personally in my capacity as Representative of the Secretary-General to the General Assembly. Over the past five years, I have seen encouraging trends.  The UN Guiding Principles are now firmly rooted as the relevant framework for the protection of internally displaced persons, legislation and policies have been developed at national and regional level and the cluster approach has led to an improved humanitarian response. Overall, states and humanitarian and developmental actors are better prepared and equipped today to address the plight of the more than 50 million persons displaced within their countries. This is badly needed as the effects of climate change will lead to new displacement. At the same time, it is worrying to see that armed conflict are conducted with utter disregard for the civilian populations in several parts of the world, the humanitarian space is shrinking in many countries, and many displacement situations that were protracted when I assumed this mandate remain unchanged. 

A new mandate-holder will be named next summer and I trust that he or she will also benefit from the particular strengths that currently characterize my mandate. As a Representative of the Secretary-General, I enjoy excellent access to Governments and other important stakeholders, I receive remarkable support of the relevant entities of the United Nations and from donors, and my participation as a standing invitee to the Inter-Agency Standing Committee is key to reach out to the wider humanitarian community.  

Thank you.



[1] The guide will be published by the Brookings-Bern Project on Internal Displacement and the United States Institute for Peace.

[2] The revised Framework is expected to be published as an addendum to my next report to the Human Rights Council, tentatively scheduled for its 13th session (March 2010).

Authors

  • Walter Kälin
Publication: United Nations General Assembly
     
 
 




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Election-Related Rights and Political Participation of Internally Displaced Persons: Protection During and After Displacement in Georgia

Introduction

Guaranteeing the right to vote and to participate in public and political affairs for all citizens is an important responsibility. Given the precarious position that IDPs can find themselves in and considering the extent to which they may need to rely on national authorities for assistance, IDPs have a legitimate and a heightened interest in influencing the decisions that affect their lives by participating in elections.   

Internally displaced persons often exist on the margins of society and are subject to a number of vulnerabilities because of their displacement. For instance, IDPs face an immediate need for protection and assistance in finding adequate shelter, food, and health care. Over time, they can suffer discrimination in accessing public services and finding employment on account of being an IDP from another region or town. IDPs also face an especially high risk of losing ownership of their housing, property, and land, something which can lead to loss of livelihoods and economic security as well as physical security. Women and children, who often make up the majority of IDP populations, face an acute risk of sexual exploitation and abuse.  

In addition to influencing public policy, elections can also be about reconciliation and addressing divisions and inequities that exist within society. For these reasons and others, IDPs should be afforded an opportunity to fully participate in elections as voters and as candidates.   

As noted in a press release of the Representative of the Secretary General of the United Nations on the Human Rights of Internally Displaced Persons following an official mission to Georgia in December 2005, 

“[IDP] participation in public life, including elections, needs promotion and support. Supporting internally displaced persons in their pursuit of a normal life does not exclude, but actually reinforces, the option of eventual return. … Well integrated people are more likely to be productive and contribute to society, which in turn gives them the strength to return once the time is right."[1]


[1] United Nations Press Release - U.N. Expert Voices Concern for Internally Displaced Persons in Georgia, 27 December 2005, available at http://www.brookings.edu/projects/idp/RSG-Press-Releases/20051227_georgiapr.aspx.

Downloads

Authors

Publication: International Foundation for Electoral Systems (IFES)
     
 
 




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Human Rights, Democracy and Displacement in Georgia


Event Information

November 19, 2010
9:00 AM - 10:30 AM EST

Root Room
Carnegie Endowment for International Peace
1779 Massachusetts Avenue, NW
Washington, DC

Register for the Event

Since the conflicts over Abkhazia and South Ossetia in the early 1990s, violence has erupted several times in Georgia, most notably in August 2008. Large-scale human rights violations characterized the August 2008 war, including the displacement of almost 150,000 people. By the time the fighting ended, Georgia had lost the last areas it controlled in South Ossetia and Abkhazia, and Russia subsequently recognized the independence of both. While most of those displaced in the August 2008 war have returned, over 200,000 people from earlier conflicts remain displaced.

On November 19, the Brookings-Bern Project on Internal Displacement will host a discussion of current issues around human rights, democracy and displacement in Georgia. The event will feature a presentation by Tinatin Khidasheli, international secretary of the Republican Party of Georgia, and Giorgi Chkheidze, executive director of the Georgian Young Lawyers’ Association. Following their remarks, Sam Patten, senior program manager for Eurasia at Freedom House, and Nadine Walicki, country analyst for the Internal Displacement Monitoring Centre, will join the discussion.

Senior Fellow Elizabeth Ferris, co-director of the Brookings-Bern Project, will provide introductory remarks and moderate the discussion. After the program, panelists will take audience questions.

Audio

Transcript

Event Materials

     
 
 




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From National Responsibility to Response – Part II: Internally Displaced Persons' Housing, Land and Property Rights

Editor's Note: This is the second part of a two piece series on internal displacement that originally appeared online in TerraNullius. The first part is available here.
 
This post continues our discussion of the study entitled "From Responsibility to Response: Assessing National Response to Internal Displacement" recently released by the Brookings-LSE Project on Internal Displacement.

Addressing housing, land, and property (HLP) issues is a key component of national responsibility. Principle 29 of the non-binding but widely accepted Guiding Principles on Internal Displacement emphasizes that competent authorities have a duty to assist IDPs to recover their property and possessions or, when recovery is not possible, to obtain appropriate compensation or another form of just reparation.

The 2005 Framework for National Responsibility – which set the benchmarks we applied in our current study – reaffirms this responsibility (in Benchmark 10, “support durable solutions”) and flags a number of the challenges that often arise, such as IDPs’ lack of formal title or other documentary evidence of land and property ownership; the destruction of any such records due to conflict or natural disaster; and discrimination against women in laws and customs regulating property ownership and inheritance. The Framework for National Responsibility stresses that, “Government authorities should anticipate these problems and address them in line with international human rights standards and in an equitable and non-discriminatory manner.”

The extent to which a government has safeguarded HLP rights, including by assisting IDPs to recover their housing, land, and property thus was among the indicators by which we evaluated the efforts of each of the 15 governments examined in our study. Our findings emphasized the importance of both an adequate legal and policy framework for addressing displacement related HLP issues and the role that bodies charged with adjudication and monitoring can play in ensuring implementation.

HLP Law and Policy Frameworks

One of the most encouraging signs of governments taking seriously their responsibility to address internal displacement has been the development, adoption and implementation in all regions of the world of specific laws and policies that respect the rights of IDPs. Some of the countries surveyed have developed laws, decrees, orders, and policies that protect IDPs’ HLP rights, but these measures are also not without their limits and challenges. A few examples are presented below.

In Colombia, while Law 387 on Internal Displacement (1997) stipulates the right of IDPs to compensation and restitution (Article 10), the government has been hard-pressed to establish measures enabling them to realize that right (see further, below). In Colombia, the constitutional complaint process – the acción de tutela petition procedure – has made the government accountable to IDPs and has influenced government policy toward IDPs, including the policy of allocation of government assistance such as housing subsidies.

In Georgia, the legal framework for IDP protection includes a property restitution law for IDPs from South Ossetia, adopted in 2007, which provided for the establishment of a Commission on Restitution and Compensation; however, this body never became operational and the status of the law is unclear following the August 2008 conflict. The State Strategy on IDPs, also adopted in 2007, protects IDPs against “arbitrary/illegitimate eviction” and sets out a large-scale program for improving the living conditions of IDPs in their place of displacement, all the while reaffirming their right to property restitution.[1]

Displaced families whose homes were destroyed or damaged during the August 2008 received $15,000 from the government to rebuild their homes, although many IDPs have held off reconstruction efforts due to concerns about insecurity. The RSG on IDPs recommended in 2009 the established of a comprehensive mechanism for resolving HLP claims for both the South Ossetia and Abkhazia conflicts. In addition, in 2010, Georgia adopted procedures for vacating and reallocating IDP housing, which, among other things, addresses those cases in which removal of IDPs from a collective center is ordered by the government and may require an eviction, and spells out safeguards for guaranteeing the right of IDPs.[2]

Iraq’s 2005 Constitution protects Iraqis against forced displacement (Article 44(2)). Through its Property Claims Commission, formerly the Commission on the Resolution of Real Property Disputes established by Order No. 2 (2006), Iraq has sought to recover property seized between 1968 and 2003, although significant gaps and challenges remain. For those internally displaced between 2006 and 2008, Prime Ministerial Order 101 (2008) sets out a framework for providing property restitution for registered IDPs with a view to encouraging and facilitating their return to Baghdad governorate, the origin of the majority of post-2006 IDPs and the location of the majority of post-2006 returnees. However, there have been few claims; many IDPs lack the necessary documentation, do not trust government institutions, fear retribution or cannot afford the requisite costs.[3]

In Afghanistan, where national authorities have not yet defined “internally displaced persons,” property and land rights of IDPs are either specifically addressed or generally implicated in substantive and procedural provisions found in a series of executive acts that have been issued since 2001, including the most IDP-specific of them, Presidential Decree No. 104 on Land Distribution for Settlement to Eligible Returnees and Internally Displaced Persons (2005). This decree sets forth a basic framework for distributing government land to both IDPs and returnees as a means of addressing their housing needs. However, IDPs seeking access to land are required to provide their national identity cards (tazkera) and documentation proving their internal displacement status—documentation which they may have lost. Moreover, the decree does not recognize other fundamental rights or needs of the internally displaced; it is valid only in areas of origin; and its implementation has been marred by inefficiency and corruption within the very weak ministry that is tasked with its implementation.

Although the 2006 peace agreement in Nepal  included a commitment to return occupied land and property and to allow for the return of displaced persons, four years after the peace agreement (and three years after the adoption of a national policy), between 50,000 and 70,000 people remained displaced.  Nearly half of the returnees interviewed by the Nepal IDP Working Group reported serious land, housing and property problems.  Of the more than 10,000 claims for compensation for property filed in 2007 only 2,000 families had received support to reconstruct or repair their houses by 2009.  It is widely reported that IDPs with non-Maoist political affiliations have been the least likely to recover land and property.

In Turkey, the government has yet to take full responsibility for displacement caused by its security forces against a largely Kurdish population. In its Law 5233 on Compensation of Damages That Occurred Due to Terror and the Fight against Terror (27 July 2004) and its Return to Village and Rehabilitation Program, displacement is defined in terms of “terrorism” or the “fight” against it. This law does not specifically focus on internal displacement, but it does benefit IDPs among other affected populations. Law 5233 and its related amendments and regulations compensate for “material damages suffered by persons due to terrorist acts or activities undertaken during the fight against terror” between 1987 and 2004. Compensation is provided for three types of damage: loss of property; physical injuries, disabilities, medical treatment, death and funerals; and inability to access property due to measures taken during “the fight against terrorism.”

According to the law, compensation is to be determined by damage assessment commissions (DACs) at the provincial level, with funding provided by the Ministry of the Interior. From 2004 to August 2009, the commissions received just over 360,000 applications. Of those, over 190,000 claims were decided: 120,000 were approved and the claimants awarded compensation; the remaining 70,000 were denied. Around $1.4 billion in compensation was awarded, of which close to $1.1 billion has been paid.[4] The existing legal and policy framework do not adequately address the obstacles to return, including the village guard system, insecurity and the presence of landmines and unexploded ordnance.

In Kenya, the government’s promotion of return included a National Humanitarian Emergency Fund for Mitigation and Resettlement of Victims of 2007 Post-Election Violence which was to meet the full costs of resettlement of IDPs, including reconstruction of basic housing, replacement of household effects and rehabilitation of infrastructure. But in practice, the government has been criticized for promoting return before conditions were safe. The government has also tended to focus on IDPs who own land and to attach durable solutions to land; there is no clear strategy for dealing with landless IDPs, such as squatters and non-farmers.

Awareness among IDPs as to their housing, land, and property rights under existing law – where there is law addressing those rights – is inadequate in many instances. For example, in Turkey, about half of IDPs surveyed in 2006 were not aware of their entitlements under the Return to Village and Rehabilitation Program or the Law on Compensation. [5]

National Human Rights Institutions and Constitutional Courts

In some cases, national human rights institutions (NHRIs) and constitutional courts have a critically important role to play in supporting as well as in holding governments accountable to guarantee the rights of IDPs. In a number of the countries our study examined, the work of NHRIs on internal displacement has included a focus on HLP issues.

In Georgia, for example, the Public Defender has been actively monitoring and reporting on the country-wide housing program begun in 2009 and has raised concerns about evictions of IDPs and the quality of housing in relocation sites. The Public Defender’s office also has undertaken a study on the conditions of the hidden majority of IDPs living in private accommodation rather than in collective centers.

The Afghanistan Independent Human Rights Commission has reported on and raised concerns about the large number of IDPs living in urban slums and informal settlements and about the fact that many IDPs were unable to return to their homes due to disputes over land and property.

Constitutional courts have in some instances played a role in strengthening the national legal framework for protecting the property rights of IDPs. Notably, Colombia’s activist Constitutional Court, in its Decision T-821 in October 2007, ordered the government to ensure respect for IDPs’ right to reparation and property restitution. In January 2009, the Constitutional Court ordered the government to comprehensively address land rights issues and to establish mechanisms to prevent future violations.

Subsequently, the government has sought to ensure these rights by adopting in 2011 the historic and ambitious Law 1448, known as the Victims and Land Restitution Law. In this law, government acknowledges for the first time ever the existence of an internal armed conflict in Colombia, and recognizes as “victims” those individuals or communities whose rights were violated under international humanitarian law or international human rights law. The law regulates reparations for all victims of the armed conflict since 1985 – numbering over 5 million – including through land restitution or compensation for IDPs which is to occur over the next decade.

However, restitution of land does not guarantee returnees’ security and may even endanger people given that land disputes and seizures remain a driving force of displacement. Aiming to prevent further victimization of returnees as a result of insecurity and violence, the government established a new security body, the Integrated Center of Intelligence for Land Restitution (Centro Integrado de Inteligencia para la Restitución de Tierras, also known as CI2-RT) within the Ministry of Defense. Additional participants include the Office of the Vice President, the Ministry of Justice and Interior, the Department of Administrative Security (DAS), Social Action (Acción Social), Incoder, and organizations representing victims of violence. Time will tell how successful the implementation of this ambitious law will be.

In Georgia, the Constitutional Court has also played an important role by recognizing the rights of IDPs to purchase property without losing their IDP status or in any way jeopardizing their right to return.

Conclusion

Securing HLP rights for IDPs is, of course, a key component of finding durable solutions to displacement. The study found that land and property disputes are almost always sources or manifestations of lingering conflict and often an obstacle to IDPs’ free exercise of their right to return.  While some governments have made efforts to provide mechanisms for property restitution or compensation, those mechanisms have rarely been adequate to deal—at least in a timely manner—with the scale and complexity of the problem. National human rights institutions and constitutional courts can play a key role in holding governments accountable for HLP and other rights and freedoms of IDPs.


[1] Government of Georgia, State Strategy for Internally Displaced Persons–Persecuted Persons, Chapter V.

[2] The Standard Operating Procedures for Vacation and Reallocation of IDPs for Durable Housing Solutions (2010) (www.mra.gov.ge)

[3] IDMC, Iraq: Little New Displacement but around 2.8 Million Iraqis Remain Internally Displaced: A Profile of the Internal Displacement Situation, 4 March, 2010, p. 240 (www.internal-displacement.org)

[4] IDMC, Turkey: Need for Continued Improvement in Response to Protracted Displacement: A Profile of the Internal Displacement Situation, 26 October 2009, p. 12, citing correspondence with the government of Turkey, 17 September 2009 (www.internal-displacement.org)

[5] Hacettepe University, Institute of Population Studies, "Findings of the Turkey Migration and Internally Displaced Population Survey," press release, 6 December 2006, cited in IDMC, Turkey: Need for Continued Improvement in Response to Protracted Displacement: A Profile of the Internal Displacement Situation, 26 October 2009, p. 11 (www.internal-displacement.org)

Authors

Publication: TerraNullius
      
 
 




rights

Ferguson Incident and America’s Image in Africa: Social Media Weighs in on Race and Human Rights


The full story of the killing of Michael Brown, a young, black, unarmed man shot by a policeman in Ferguson, Missouri, is still unfolding—and the truth will not be known for some time. It is only after full investigations are completed that an objective evaluation of the incident can be made. Nonetheless, there is no doubt that the killing of the young man was unfortunate and has generated a serious debate about race relations in America, and on the relations between police and the communities that they are supposed to protect. The riots and massive looting portrayed not only the extent of criminality in America’s inner cities, but also the economic marginalization of the minority communities.

Coming not long after the successful U.S.-Africa Leaders Summit held in Washington, the Ferguson incident and the follow-up demonstrations have been rather unfortunate in as far as how Africans view America—in a way questioning America’s standing as a protector of human rights. The hostility towards the United States in regard to its treatment of African-Americans has dominated social media with claims that the incident shows that America should not claim leadership when it comes to human rights. Such criticisms by many other countries, including Russia and China, are widespread.

I was particularly surprised by the comments in the Kenyan media coverage of this topic. Here are some statements on the topic by readers of the most popular paper there—the Daily Nation:

The US is a community fueled by hate. They claim not to be racist yet most of them are racist to the core including the black Americans. Yet they want to dictate and lecture us about human rights."

Still waiting for GOK [Government of Kenya] to issue travel advisory to the U.S."

(This is an apparent reference to the fact that the United States government issues travel advisories to countries like Kenya when such incidents occur and there are riots.)

Extra judicial killing. Let UN order an independent investigation & file handed to ICC (international Criminal Court) for prosecution of the culprits. US justice system is biased against its own black community."

(The U.S. and human rights organizations have been critical of many countries for extra-judicial killings and have called for the prosecution of government officials in Africa at the International Criminal Court for such actions.)

U.S. preaches democracy and good governance all over the world but lo and behold, Ferguson has exposed the preacher who cannot take care of business in his backyard."

Has the Kenyan ambassador issued a statement yet? The US must have a coalition government so as to end the violence. It will no longer be business as usual. We will have only necessary contact. Choices have consequences."

(This statement is in reference to the U.S. government’s actions following the 2007-2008 post-election violence in Kenya.)

In the USA, they give absolute rights to women, children and pets, the men are left on their own, owe [sic] un to you if you happen to be a young black man. You are as good as dead."

Scanning media in other African countries, the same kind of reactions are evident. While some opinions differ, the general sentiment expressed in social media is that the United States remains a divided country and thus lacks moral authority to “lecture” Africans on human rights and tribalism.

To an extent, these sentiments expressed by Africans are misguided and are largely a gross exaggeration of the character of American society. The views expressed in the media portray an American society that is totally divided across racial lines, which Africans often equate to tribalism on their own continent. They see the economic desperation of many African-Americans as a reflection of a society that has continued to deny a large section of its people opportunities for advancement. All these views, right or wrong, weaken America’s standing among Africans and undermine the country’s ability to influence policy on human rights and governance in the continent. Such incidents give solace to dictators that undertake gross violations of human rights through extrajudicial killings. Many Africans consider the U.S. judicial system to be discriminatory against black men. They also cite biases in many previous cases of police killings of black men. The Zimmerman case in Florida is commonly used in the African media as an example of such incidents where they feel justice did not prevail.

But American global leadership in the advancement of human rights and ensuring equal protection under the law—and also in opening up opportunities for all groups—remains critically important. Through fair and transparent adjudication of the Ferguson case, the U.S. will be in a position to demonstrate to the Africans and others who have been critical of the state of affairs in this country that the U.S. remains a country governed by the rule of law. Still, the issue of poverty among some communities gives the U.S. a bad name as a country where a large segment of the population is economically marginalized. As the U.S. encourages Africans to build united and inclusive societies, it should be cognizant of the fact that its voice will carry more weight and be respected if Africans see the same happening in United States.

      
 
 




rights

IMF Special Drawing Rights: A key tool for attacking a COVID-19 financial fallout in developing countries

When the world economy was starting to face financial fragility, the external shock of the COVID-19 pandemic put it into freefall. In response, the United States Federal Reserve launched a series of facilities, including extending its swap lines to a number of other advanced economy central banks and to two emerging economies. Outside of the…

       




rights

Rightsizing fears about Taiwan’s future

In recent decades, China has been plowing a sizable share of its growing economic strength into developing advanced military capabilities. As Beijing’s military build-up progresses, concerns naturally mount in Taiwan about its continued security. A certain amount of concern is healthy. It disciplines voters to ask hard questions of their leaders about the appropriate balance…

       




rights

Human rights, climate change and cross-border displacement

      
 
 




rights

New Zealand river has the rights of personhood

Meet the Whanganui. You might call it a river, but in the eyes of the law, it has the standings of a person.




rights

Reproductive Rights Scrubbed From Rio+20 Text - Why That's Bad News for the Planet

Opposition from the G77 Nations and the Vatican led to the removal of the words 'reproductive rights' from the Rio+20 text, leaving in 'acceptable modern methods of family planning'.




rights

Children file complaint of rights violation over climate crisis

Delivered to the UN Committee on the Rights of the Child, the group of 16 alleges that climate crisis inaction constitutes a violation of child rights.




rights

Lake Erie now has its own Bill of Rights

A triumphant win for Toledo residents means that the Great Lake's wellbeing is now an official top priority.




rights

Lake Erie's new Bill of Rights has angered Ohio farmers

But others consider it a good opportunity to reevaluate agricultural practices.




rights

How Land Rights Are Turning the World's Rural Poor Into Unexpected Conservationists

It is as counterintuitive as it is true: Around the world, communities who have resided on the land the longest often have the most tenuous rights to that land.




rights

Corporate America takes lead in gay-rights uproar

Gay rights advocates and corporate leaders such as Apple's Tim Cook and Wal-Mart's Doug McMillon lead the charge against Arkansas' and Indiana's religious freedom laws.




rights

FEMA Query on rights issue

A private limited company wants to issue shares through rights issue. All the shareholders of the Company are Non- Resident.

Can the company issue shares at Face value?
or
The price at which the shares to be issued needs to be determined as per valuation certificate?




rights

Rights groups fear disaster in DR Congo's overcrowded prisons

We bring you a report from the Democratic Republic of Congo, where there is growing concern about the safety of prisoners due to the coronavirus outbreak. More than 100 cases of Covid-19 have been reported in Kinshasa's Ndolo military prison. The UN estimates that the country's main prisons are, on average, at 432% capacity. We speak to the Central Africa Director for Human Rights Watch for his take on the situation. 



  • Eye on Africa


rights

Issues at Audible's ACX: Attempted Rights Fraud, Withdrawn Promotional Codes


Posted by Victoria Strauss for Writer Beware®

Two issues involving Audible's ACX have come across my desk recently.

Rights Fraud

I've heard from several self- and small press-pubbed authors who report that they've found their books listed on ACX as open to narrator auditions...except that they, or their publishers, didn't put them there. This appears to be an attempt to steal authors' audio rights.

Below is one listing. Here's another and another and another. (All of these listings have been invalidated by ACX.)


See "Comments from the Rights Holder" at the bottom. The purported company, Publishing D LLC, does not show up on any searches.

The fraud seems pretty elaborate. Here's what one of the authors who contacted me told me:


These comments from a freelance audiobook narrator illustrate that "Publishing D" is not an isolated incidence.

Promotional Code Shenanigans

Multiple authors have contacted me to report that they've received an email from ACX withdrawing their promotional codes. The cited reason: "unusual activity," with no explanation of what that means.

The authors say that they have not used the codes improperly or violated ACX guidelines; in some cases, they've used the codes only a handful of times or not at all. See, for instance, blog posts by authors G. Michael Vasey and Adam Piggott. Per discussions on the KBoards and Reddit, a lot of authors seem to be affected.

Is this one of Amazon's (Audible's parent company) periodic crackdowns on misuse or fraud that has inadvertently ensnared innocent authors? According to author and self-publishing expert David Gaughran, ACX promo code scamming is a major problem, and Amazon's anti-abuse sweeps often involve a lot of collateral damage. Or could it be an error--a glitch or rogue algorithm?

So far, authors' efforts to get a fuller explanation have run up against the black box that is Amazon:


If I hear anything further, I'll update this post.

UPDATE 11/27/19: One of the authors who alerted me to the promo code withdrawal has received a notice saying that their codes are reinstated--however, they say that the promo code tab has yet to appear in their dashboard.


UPDATE 2/25/29: More about ACX scams, from a comment left by a narrator:
About the ACX thing...I was contacted by ACX to narrate three books, however, the person who offered the contracts kept emailing and frantically telling me to send them my book codes. I got leary and called ACX. They said unfortunately there are many scams taking place where if a book is "unclaimed" in their system, someone may grab it and offer it as an audiobook contract. Then they keep the codes and blackmarket sell them. They do not pay the narrators. Many other authors are experiencing it, they said, but they have no way to regulate it.

I declined the offers and got a nasty note from the contract holder. I was also told that since I corresponded with them, they had my email that is associated with Amazon..the same one. So, ACX said I had to go change my email on Amazon or they would have access there too. Geez.




rights

The human rights of marginalized groups are more than just “identity politics”

Last month, Senator Bernie Sanders spoke in a notably all-white panel at a Sanders Institute conference, and reiterated a frequent talking point of his, as well as many in his sect of often white, male progressive thinkers who reject what they call “identity politics” and “social issues.” According to Sanders, the experiences of rural Trump […]




rights

They're noticing us: "Multi-Partner Sexual-Rights Crusade on the Horizon"




rights

Ex porn-star and activist explores men's rights issues

Philipp travels to a conference on men’s issues in Chicago, shedding light on the controversial movement.




rights

BFI slams AIBA for taking away India's World C'ship hosting rights

The Boxing Federation of India (BFI) asserted that the International Boxing Association (AIBA) acted in haste after the hosting rights of the 2021 men's world championship were taken away from the country for non-payment of host city fee. In a statement, AIBA handed over the championship, originally allotted to India in 2017, to Serbian capital Belgrade. The BFI acknowledged the delay in payment but blamed it on procedural complications arising out of the AIBA's failure to resolve issues with regards to the account in which the money was to be transferred.

Delay in payment

The payment of what is estimated to be USD 4 million was due to be made on December 2 last year. "After New Delhi didn't fulfill its obligations to pay host fee as mentioned in the Host City Agreement terms, AIBA has terminated the contract. Therefore, India would have to pay a cancellation penalty of USD 500," the AIBA said in a statement. The elite competition would have happened for the first time in the country.

The BFI, headed by Spicejet Airlines owner Ajay Singh, said the AIBA could not clearly tell where to transfer the money. "We have reason to believe that the decision to change the venue of WCH-2021 was taken in haste without due consultation with BFI...the penalty that is imposed is shocking and surprising. Both parties are working for an amicable solution. BFI is confident that the penalty will be waived off and we will host World Championships in future," the BFI statement read.

AIBA's account frozen

AIBA has been suspended by the International Olympic Committee (IOC) for administrative and financial mismanagement. "The AIBA account in Lausanne was frozen. The account of AIBA in Switzerland as mentioned in Host City Agreement is still inoperative. AIBA intended to have some previous payments through an account in Serbia. "As Serbia is in the Grey List of Financial Action Task Force (FATF) countries, Indian Banks do not normally send money to Serbia. AIBA could not resolve these issues," said the BFI.

"The account of AIBA in Switzerland, as mentioned in Host City Agreement, is still inoperative," it added.

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rights

Deaf-mute protesters fighting for basic rights lathi-charged by police

For the past five years more than 16 lakh speech and hearing-impaired people from across the state have been fighting for their basic rights, but the government seems to be completely oblivious of their concerns. So much so, that when thousands of them gathered outside the state social welfare department on Monday to get a response on their 16-point charter of demands, cops resorted to lathi-charge, which they claim was a 'mild' one.

Manoj Patwari, president of the State Level Association for the Deaf, which had organised the protest, said, "We have been demanding our rights for the past five years. There are schools only till Std VII for deaf and mute people, limiting the scope of education. They do not have designated colleges either. Even job opportunities are limited as compared to those for the visually impaired and other physically disabled people. The certificates given are also bogus."

Speaking through interpreter Atiya Hajee, some of the injured protesters said, "We arrived at the spot around 9 am, and had given time to the department till 2 pm to respond. The cops had barricaded us the way animals are kept in a zoo. When one of us tried to get up, he fell on a barricade and accidentally hurt a police officer. Without even understanding the situation, the cops started beating us with rods."

Senior Inspector M M Mujawar of Bund Garden police station said, "One of them had climbed onto a platform of the administration building and was trying to provoke the agitators through sign language. We were just hitting on the ground with lathis to scare them away. We didn't hurt anyone." He added, "One of the protesters asked the others to go towards the cops. Suddenly about 2,000 of them came forward. That is when we resorted to mild lathi-charge. To bring the situation under control, we had detained some of them, but they were later released." MNS Chief Raj Thackeray, who rushed to Pune, said, "I condemn the incident. The cops who provoked other officers and ordered such action should be punished. It's bad that no one from the government visited the spot."

Member of parliament and NCP leader Supriya Sule, who also visited the spot, said, "This is highly condemnable. The protesters should get their basic rights under the Constitution." Meanwhile, Minister of State for Social Justice Dilip Kamble spoke to the protesters over phone and asked them to withdraw the agitation. He asked five of them to go to Mumbai. However, the agitators have decided to continue with the protest till their demands are met.

Catch up on all the latest Crime, National, International and Hatke news here. Also download the new mid-day Android and iOS apps to get latest updates





rights

Tax-News.com: HMRC Focusing On Image Rights Tax Avoidance

The UK tax agency has confirmed that it is investigating around 170 professional soccer players' tax affairs and around 20 football clubs, focusing on the taxation of image rights.