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IMMIGRATION
NEWS
This
pre-holdiday week saw significant developments in immigration law. The Department
of Justice issued its final regulation on the Bureau of Immigration Appeals; the
Court of Appeals for the Sixth Circuit challenged the ability of the government
to prosecute immmigration cases in secret and a new Chair of the Bureau of Immigration
Appeals was appointed.
Attorney
General John Ashcroft announced the appointment of Lori Scialabba to be the Chair
of the Board of Immigration Appeals (BIA) within the Executive Office for Immigration
Review (EOIR). Ms. Scialabba has been the Acting Chair since April 2001. She was
appointed to the BIA by Attorney General Reno in March 1998, and then became Vice
Chair in June 1999.
The BIA has nationwide jurisdiction to hear appeals of decisions made by 220 Immigration
Judges in 51 Immigration Courts and by officers of the Immigration and Naturalization
Service (INS). The BIA's decisions are binding on all Immigration Judges and
the INS unless modified or overruled by the Attorney General or a federal court.
In February 2002, Attorney General Ashcroft announced significant reforms to the
BIA These reforms, which are now finalized, will result in a substantial reduction
of the number of judges on the BIA. Those who will remain will likely mimic the
administration’s views on immigration law. The BIA is part of EOIR, a Department
of Justice (DOJ) agency that is independent from the INS and is responsible for
exercising the Attorney General's authority to adjudicate the cases of aliens
who are charged with immigration law violations, or who seek relief from removal.
Ms. Scialabba began her career with the DOJ in October 1985 through the Attorney
General's Honor Program and served as a trial attorney for the INS in Chicago,
where she litigated deportation cases. From 1986 to 1989, she served as Assistant
General Counsel for INS Headquarters in Washington, D.C. In 1989, she joined the
Office of Immigration Litigation, Civil Division at DOJ as a trial attorney until
1991. She held the position of Associate General Counsel at the INS from 1991
to 1994 when she was appointed Deputy General Counsel for the INS. She held that
position until her appointment to the BIA
APPEALS
COURT RULES AGAINST CLOSED 9/11 HEARINGS
The United States Court of Appeals for the Sixth Circuit ruled on August 26, 2002,
in DETROIT FREE PRESS V. ASHCROFT, that the Immigration and Naturalization Service
may not conduct closed removal hearings without a specific showing that the National
Security would be at risk by conducting such an open hearing. “ A government
operating in the shadow of secrecy stands in complete opposition to the society
envisioned by the framers of our Constitution," the 6th U.S. Circuit Court of
Appeals said.
It upheld a lower court ruling that ran against a series of closed hearings in
the case of Rabih Haddad, the Michigan-based operator of an Islamic charity who
overstayed his tourist visa and has been in custody since Dec. 19, 2001. The Detroit
Free Press and other news organization sued the Justice Department after the proceedings
were closed under a policy that allows Attorney General John Ashcroft to declare
certain cases to be special interest ones that can be conducted in secret.
Haddad's lawyer, Ashraf Nubani, said the hearings issue ultimately will go
the U.S. Supreme Court. There is a broader lawsuit against the policy in general
in another jurisdiction working its way through the courts, he said, and in addition
he has filed a separate suit on Haddad's behalf which has yet to be heard
at the district court level.
He said Haddad is being held at a jail near Monroe, Michigan, and his next hearing
date is Oct. 7. But he said immigration officials have already served notice that
they want that proceeding closed as well, not for the reasons raised earlier but
because they claim to have evidence that if discussed in open court could damage
national security.
The appeals court ruling said, "The government could use its ... argument as a
justification to close any public hearing completely and categorically, including
criminal proceedings. The government could operate in virtual secrecy in all matters
dealing, even remotely, with 'national security,' resulting in a wholesale
suspension of First Amendment rights," the ruling said.
The court also rejected the Justice Department's argument that the policy
was fair because it was being implemented on a case-by-case basis. "The task of
designating a case special interest is performed in secret, without any established
standards or procedures, and the process is, thus, not subject to any sort of
review ..." the court said.
"The public's interests are best served by open proceedings. A true democracy
is one that operates on faith -- faith that government officials are forthcoming
and honest, and faith that informed citizens will arrive at logical conclusions,"
the appeals court said.
"This is a vital reciprocity that America should not discard in these troubling
times. Without question, the events of Sept. 11, 2001, left an indelible mark
on our nation, but we as a people are united in the wake of the destruction to
demonstrate to the world that we are a country deeply committed to preserving
the rights and freedoms guaranteed by our democracy," it said.
The Justice Department issued a press release in response to the stating Detroit
Free Press decision stating that "as the Sixth Circuit Court of Appeals recognized
today, the government has a compelling interest in preventing terrorism and closing
immigration proceedings that could reveal information that allows 'terrorist
organizations to alter their patterns of activity to find the most effective means
of evading detection' (see opinion at 43-46). However, the Justice Department
disagrees with the Court's conclusion that the Department's guidelines
for determining which proceedings should be closed are too broad. The Justice
Department has an obligation to exercise all available options to disrupt and
prevent terrorism within the bounds of the Constitution, and will review today's
opinion in light of our duty to protect the American people."
RIGHT OF INTERNATIONAL TRAVEL MAY BE RESTRICTED FOR SUPPORT ARREARS
In Eunique v. Powell, No. 99-56984 (9th Cir. Aug. 23, 2002), the Ninth Circuit
Court of Appeals held that a citizen’s Fifth Amendment Freedom to travel
internationally was not violated when Congress and the Department of State refused
to let her have a passport as long as she remained in substantial arrears on her
child support obligations. While there is a constitutional right to international
travel the Court reasoned, it differs from the constitutional right of interstate
travel which is virtually unqualified. Thus, it would not apply strict scrutiny
to restrictions on international travel rights that did not implicate First Amendment
concerns.
ASYLUM CREDIBILITY STANDARD
In Singh v. Ashcroft, No. 01-70505 (9th Cir. Aug. 27, 2002), the court held that
an omission of one detail, included in Petitioner's oral testimony, from a
physician's letter submitted as evidence for Petitioner's asylum claim,
did not make the letter inconsistent with the oral testimony and therefore could
not serve as the basis for the Board of Immigration Appeals' (BIA) adverse
credibility decision; and also held that to support an adverse credibility determination
based on unresponsiveness, the BIA must identify particular instances in the record
where the petitioner refused to answer questions asked of him.
The court reiterated that to support an adverse credibility determination, the
BIA must have a legitimate basis to question the petitioner’s credibility,
and must offer a specific cogent reason for any stated disbelief. Inconsistencies
in the petitioner’s statements must go to the “heart of asylum claim”
to justify an adverse credibility finding. Minor inconsistencies that reveal nothing
about an asylum applicant’s fear for his safety are not an adequate basis
for an adverse credibility finding.
INDIVIDUAL CIRCUMSTANCES TRUMP COUNTRY REPORTS
The 9th Circuit Court of Appeals ruled that a Petitioner's individual situation
may trump the State Department Country Report. The Report, submitted to demonstrate
changed circumstances, provided general information about changes in the country
and did not provide any evidence refuting the petitioner’s claim on an individualized
basis, and no insight to the Petitioner’s individual circumstances. The
court held that a rational fact finder could only conclude that he had suffered
past persecution when the evidence showed that the petitioner had received multiple
death threats at his home and place of business, and had been followed by and
narrowly escaped four armed men trying to kill him, and when he had been targeted
because of his membership in a political party. It amounted to threats combined
with confrontation or other mistreatment. Ruano v. Ashcroft, No. 01-70915 (9th
Cir. Aug. 29, 2002). The court noted with approval another recent case where similar
evidence was lacking in the State Department report. Rios, 287 F.3d at 901-02.
The
Justice Department announced on August 26, 2002, a final rule radically changing
the current structure and functioning of the Board of Immigration Appeals. The
BIA is the appellate court in the Executive Office for Immigration Review, and
is often the last place where people have an opportunity to make their case to
be allowed to remain in the US. Attorney General John Ashcroft, claims the new
rule will speed up the process by which cases are heard and disposed and the quality
of its decisions. Ashcroft has spoken harshly of the Board’s performance,
saying that delays at the Board undermined enforcement of immigration law. He
also accused it of encouraging people to pursue frivolous efforts to remain in
the US.
There were 56,000 cases pending in February, 2002 of which 10,000 of them remained
for three years or more. Many believe that the new regulations are not so much
about improving the BIA as creating an opportunity to remove members who’s
views do not match those of the administration.
Previously, three member panels reviewed all cases. However, as the number of
cases grew, this became increasingly difficult. In 1999, the Attorney General
created a way for single judges to review cases that did not present difficult
or novel issues. In 2001, 58 percent of cases were disposed of in this way. The
new regulation would expand the use of this procedure. The regulation reduces
the size of the Board, from 19 members to 11. According to the Justice Department,
reducing the size of the Board will make it easier for it to reach a consensus,
saying that its size had made it difficult for it to reach decisions. Another
way the new rule proposes to make it easier for the Board to reach consensus decisions
is by no longer allowing the Board to review decisions before it under a de novo
standard, which allowed it to examine the facts and reach its own conclusions.
The regulation imposes extraordinarily tight briefing schedules (detained persons
must submit their appeal briefs within 21 days, simultaneously with the government’s
brief and without the chance to see the government’s arguments), and severely
circumscribes the discretion of BIA Members to review the facts of the case before
them. Significant new time limits are also imposed by the regulations. In cases
that a single member will decide the case, they must either issue a decision within
90 days or refer it to a three member panel for review. Three member panels must
issue a decision within 180 days. The easiest course of action, therefore, will
be to affirm.
There were voluminous comments from numerous organizations objecting to many provisions
in the proposed regulations. These were all ignored in the final regulation.
Our own analysis is that while these regulations will undoubtedly prevent many
immigrants from being able to remain in the United States, it will also result
in a greater number of appeals to the United States Circuit Courts. The Courts
will likely review these decisions, knowing the political environment from which
they have come, with greater scrutiny and less deference.
With
barely one month left in fiscal year 2002, only about 20,000 refugees have been
admitted to the US. The maximum number for this year, which is set by the president,
was 70,000. Observers say it is unlikely that more than 25,000 refugees will be
admitted this year. Refugee admissions were suspended in October and November
of 2001 as the government reexamined security procedures after 9/11. There are
increased background checks, but also the government appears to have deliberately
limited the number of such refugees that may enter the United States by limiting
the number to 35 that could arrive on a single flight and limited refugee admissions
to the ports of Chicago, Los Angeles, Miami and New York.
STOWAWAY'S
DEATH RAISE BROADER QUESTIONS
The Houston Chronicle reported a story on a Colombian stowaway who died of exposure
while being held in a small locker on a ship leaving Houston. The story raises
questions about the treatment of immigrants left to the mercy of shipping companies.
The particular case involved Carlos Hernan Castro Ortega, 28, who sneaked on a
ship from Colombia to Houston last month, and was discovered en route. U.S. Immigration
and Naturalization Service officials forced him to
return on the same ship, the Seaboard Eagle. The man died July 12 when the ship
was about 175 nautical miles out from Houston during its return to Cartagena,
Colombia.
Officials initially speculated Castro died of a cocaine overdose. But the Harris
County medical examiner found no sign of drugs, and investigators concluded that
he died of exposure during confinement most likely due to heat.The stowaway had
been locked in the container with limited air for about 10 hours. An INS spokeswoman
said the Coast Guard has the responsibility to investigate a death at sea. A Coast
Guard representative said he was unaware of the case and assumed that it would
be a matter for the INS.
IT SKILLS COMMON IN BRITAIN
In yet a further sign that the immigration of technology workers has peaked, the
agency responsible for issuing British work visas, has removed all IT jobs from
its shortage occupation list, making it more difficult for overseas IT workers
to obtain job permits for working in the UK.
INS ANNOUNCEMENT ON FLORIDA DETAINEES
The INS recently announced that it would move more than 62 female detainees from
the Turner Guilford Knight jail in Miami, Florida, to a residential facility in
Pompano Beach. The move comes after months of criticism by advocacy groups of
the INS’s decision to not only detain most asylum seekers from Haiti, but
to house them in facilities designed for people serving sentences for criminal
convictions. Here, in Central Pennsylvania, detainees are generally kept in the
York County Prison with the general criminal population.
BORDER SURVEILLANCE
Marines in Idaho have been testing unmanned surveillance planes for use in securing
the U.S. border. The aircraft transmit pictures to law enforcement officials,
who can then make an arrest. The Border Patrol will be installing barriers in
the Rio Nuevo, which forms part of the US-Mexico border in California. The barrier
will stretch across the river, and will allow water through, but will prevent
undocumented immigration. The river is extremely polluted and entering the water
is hazardous.
PART-TIME COMMUTER STUDENTS OF MEXICO & CANADA ALLOWED
A new INS interim rule, announced in an INS Press Release of August 26, 2002,
allows Mexican and Canadian commuter students to study on a part-time basis at
schools located within 75 miles of the United States border.
TRAVEL
WARNINGS: Angola and Somalia
The State Department issued new travel warnings August 23, 2002, on Americans
visiting Angola and Somalia. The Department warned U.S. citizens of the potential
danger of travel to the Republic of Angola notwithstanding the recent peace treaty
bringing to a supposed end the 25 year civil war there. The Department noted that
crime, a severely deteriorated infrastructure and other legacies of the war, including
land mines, continue to inhibit the free and safe movement of people throughout
Angola. Tourist facilities in Luanda are limited and expensive, and facilities
are minimal in the rest of the country. Police and military are heavily armed,
and their authority should not be challenged. Street crime, sometimes violent,
is common in the capital. Because of unreliable communications and the difficulty
of travel within country, the Embassy is able to provide only limited consular
assistance outside of Luanda.
The Department warned against all travel to Somalia. Inter-clan and inter-factional
fighting, it notes, can flare up with little warning, and kidnapping, murder,
and other threats to U.S. citizens and other foreigners can occur unpredictably
in many regions. While the self-declared “Republic of Somaliland”
in northern Somalia has been relatively peaceful, the Sanaag and Sool regions
in eastern Somaliland, bordering on Puntland (northeastern Somalia), are subject
to insecurity due to potential inter-clan fighting. In addition, the Mogadishu
area, the Puntland region in northern Somalia, and the districts of Gedo and Bay
(especially the vicinity of Baidoa) in the south have experienced serious fighting
in recent months. Territorial control in the Mogadishu area is divided among numerous
groups; lines of control are unclear and frequently shift, making movement within
this area extremely hazardous. U.S. citizens are urged to use caution when sailing
near the coast of Somalia. Merchant vessels, fishing boats and pleasure craft
alike risk seizure and their crews being held for ransom, especially in the waters
near the Horn of Africa and the Kenyan border. There is no U.S. Embassy or other
diplomatic presence in Somalia to provide up-to-date security assessments.
SUDAN: Government Suspends Peace Talks
The Sudanese government suspended peace talks August 26, 2002, with southern rebels
in protest over an attack on a key government garrison town in the south, news
agencies reported. The rebel SPLM/A were unavailable for comment.
A statement from the Sudan People's Liberation Movement/Army (SPLM/A) on Sunday
said rebel forces had taken control of the strategic town of Torit, Eastern Equatoria,
in a counter-attack after government forces had been ordered to advance from Torit.
The official spokesman of the Sudanese armed forces, Maj-Gen Muhammad Bashir Sulayman
was quoted as saying by the 'Khartoum Monitor' that government forces
had "tactically withdrawn" from Torit in order to regroup outside the town. According
to Sulayman, however, SPLM/A forces had shelled Torit for two days, reflecting
a "lack of seriousness" in the Sudanese peace process. "It is now clear that the
rebels have no intention to negotiate peace with the government forces," Sulayman
said on Sunday.
PAKISTAN CHALLENGES LOCAL TRIBUNAL
Pakistani rights groups on Monday hailed the verdict of a local court giving the
death sentence to six men who had gang-raped a women on a decision of a village
jury, but have urged the government to take concrete steps to eliminate extra-judicial
tribunals.
The Chairman of Pakistan’s Human Rights’ Commission noted that in
this individual case, local bullies were brought to justice, but that it created
broader questions regarding the permitted use of extra-judicial tribunals.
A special anti-terrorism court in the central Punjab provincial town of Dera Ghazi
Khan, announced the verdict early on Sunday, sentencing six men to death and acquitting
eight others. Four were convicted of rape and two for being part of the jury that
authorized the crime.
This arose in a high profile case in which Pakistani justice was forced to deal
with the issue of gang-rape - - authorized as a by local tribunals - - and honor
killings. The practices, however, are, in some areas, still common.
According to the activist, besides dealing firmly with such violations, all such
laws which were discriminatory against women must also be repealed, including
a set of Islamic legislation introduced in the 1980's. Such sentiment was
echoed by Naeem Mirza, co-director of the legislative watch at Aurat (women) Foundation,
a Pakistani NGO, who maintained this was the first time such a bold initiative
had been taken by the Pakistani courts. Indeed, the country's Supreme Court
had asked the anti-terrorism court to expeditiously hear the case.
The victim said she was raped by four men after approaching the traditional jury,
or panchayat, in Meerawali to settle a dispute with the rival Mastoi clan. The
Mastois claim that Mai's younger brother had a illicit relationship with one
of their women and they needed to avenge their honor. The international media
reported on Sunday that armed police units were stationed throughout Dera Ghazi
Khan where hundreds of members of both families and their supporters had gathered
for the verdict.
Mirza said a collective effort of the government and the civil society was needed
to prevent such injustice in the future while Khattak called for greater awareness
on women's issues and their rights.
CONGO HUMAN RIGHTS MINISTER FREED
Luaba Ntumba, the human rights minister of the Democratic Republic of the Congo
(DRC), and his delegation were released on Sunday following three days of detention
by an ethnic Hema militia near the northeastern city of Bunia.
Accompanying Ntumba were Thomas Lubanga, the leader of the Union des patriotes
congolais - a splinter faction of the rebel Rassemblement congolais pour la democratie-Kisangani-Mouvement
de liberation (RCD-K-ML)-, Lola Bile, Ntumba's press officer, and Nicaise
Kibelbel, editor of 'Les Coulisses' newspaper. The four were taken hostage
on Thursday and held in Madro, some 12 km outside Bunia.
The release of the hostages followed the intervention of Ugandan government officials
who traveled to Bunia to negotiate with leaders of the Hema militia, known as
the Front pour la Reconciliation et la Paix (FRP), who are opposed to the RCD-K-ML
of Mbusa Nyamwisi. The FRP has accused the Kinshasa government of supplying Nyamwisi
with logistical and military support. Lubanga is a former head of the RCD-K-ML
defence department.
The hostage-takers demanded the release of 10 of their colleagues who were reportedly
taking part in a peace and reconciliation conference in Kinshasa, in exchange
for Ntumba's delegation. The latter had travelled to Bunia to urge greater
participation of ethnic chiefs in the Ituri peace conference.
According to DRC government spokesman Kikaya Bin Karubi, the hostage-taking was
due to a misunderstanding among radical elements of the Hema militia who thought
the 10 had been arrested. The 10 individuals, including a traditional chief, were
flown back to Bunia.
While the liberation of the hostages would allow the Ituri peace conference in
Kinshasa to continue, the withdrawal on Friday of the ethnic Lendu delegation
has caused prospects to dim. The conference was halted when the minister was kidnapped.
Two of the ethnic groups in the Ituri region, the pastoral Hema and the agricultural
Lendu, have frequently clashed over leadership in the region.
The UN envoy to the DRC has said that ongoing conflicts in Bunia are not simply
ethnic in nature, but motivated by underlying political and economic interests.
"Everyone is convinced that this is not only an ethnic problem but also a political
matter fuelled by economic interests," Ambassador Amos Namanga Ngongi, UN Secretary-General
Kofi Annan's special representative to the DRC, told a news conference in
Kinshasa last week.Uganda signed a peace deal with the DRC on 15 August, under
which it would withdraw most of its troops remaining in the Congo.
The UN has reported that Uganda has since withdrawn 1,164 troops, but will temporarily
maintain a battalion in Bunia to ensure order.
CENTRAL AFRICAN REPUBLIC: BOZIZE MAY FACE PROSECUTION
The former army chief of staff of the Central African Republic (CAR), Gen Francois
Bozize, may face prosecution for crimes allegedly committed in August 2002 in
the north of the country.
In a news release issued on 31 August, the CAR chief prosecutor's office demanded
that an investigation be carried out into recent hostilities in the north, along
the border with Chad.
This effort would contradict a decision in December 2001 putting an end to all
legal proceedings against Bozize and his supporters.
Bozize fled CAR in November 2001 after an armed resistance against troops who
were sent to arrest him in connection with a coup he was allegedly preparing.
Legal proceedings against him and his supporters were abandoned in December 2001
"to defuse the tense situation and encourage national reconciliation". Meanwhile
former Central African RepublicPresident Andre Kolingba, sentenced to death on
August 26, 2002, by the country's criminal court for masterminding the failed
coup of 28 May 2001, is in Uganda on temporary asylum. So reported the Ugandan
government-owned New Vision newspaper. Kolingba ruled CAR from 1981 to 1993 before
being ousted in multiparty elections by current President Ange-Felix Patasse.
He was found guilty and sentenced in absentia on Monday on charges of undermining
state security, assassination and destruction of property. Kolingba and associates
fled the country following the failed coup. Kolingba has been allowed into Uganda
as he seeks asylum in another country, a senior government official said on Wednesday.
Kolingba and 21 associates - including three of his sons - were sentenced to death
on August 26, while an additional 10 people deemed to have been accomplices were
sentenced to 20 years hard labour. A third category, comprising about 600 deserting
soldiers, also received 10-year sentences with hard labour. The president of the
National Criminal Court said the state would confiscate the properties of the
convicts.
RWANDA: Military Trial Resumes
The trial of four senior Rwandan military officers which opened on 2 April 2002
at the International Criminal Tribunal for Rwanda (ICTR) resumed on Monday after
a five-month postponement. The accused on trial are Col Theoneste Bagosora, former
chief of cabinet in the ministry of defence; Lt Col Anatole Nsengiyumva, former
commander of military operations in Gisenyi sector; Maj Aloys Ntabakuze, former
commander of para-commando battalion; and Brig Gen Gratien Kabiligi, former chief
of military operations. Charges against the accused include genocide, conspiracy
to commit genocide and crimes against humanity.
UGANDA: Catholics Priests Arrested
A Catholic missionary order has expressed concern over the prospects for peace
in northern Uganda, following an incident last week in which the army arrested
three Catholic priests.
The three - Carlos Rodriguez Soto, Guilio Albonese and Tarcisio Pazzaglia - are
members of the Comboni Missionary order and were on a peace mission to talk to
the rebel Lord's Resistance Army (LRA) which is active in northern Uganda.
They were arrested on 28 August in the northern district of Kitgum as the army
battled the LRA, and detained for 24 hours on suspicion of collaborating with
the rebel group.
The mission was part of the Acholi Religious Leaders' Peace Initiative (ARLPI),
which President Yoweri Museveni authorised in June to broker peace with the LRA.
The army, which said it had received no notification of such a meeting, claimed
the priests were found with drugs and documents intended for the rebel leaders.
The three were released on Wednesday last week and warned against "acting contrary
to the procedures governing the conduct of the peace mission", the 'New Vision'
government-owned newspaper reported on Saturday. A spokesman for the Comboni Missionary
order told IRIN on Monday the incident had undermined efforts by religious leaders
in northern Uganda to negotiate peace with the LRA.
The missionary, who spoke on condition of anonymity, said army officials in Kitgum
had been informed of the priests' intention to meet LRA leaders, but had failed
to tell their superiors in Gulu. He said the army instead followed the priests
to the place where they were to meet the LRA leaders and launched an offensive.
"The fathers were followed," he said. "Otherwise how did they know where they
were going to meet the rebels? They just wanted to create some confusion." He
claimed the three priests were mistreated during their captivity in Kitgum.
The Ugandan government has expressed regret over the incident.
SUDAN:
NEWSPAPER SHUT DOWN ON FEMALE GENITAL MUTILATION ARTICLE
The Sudanese government suspended a leading newspaper’s right to publish
over an article it published on female genital mutilation in that country. In
a statement, the Sudan Organisation Against Torture (SOAT) said the decision to
suspend publication of the Khartoum-based 'Al Ayam' newspaper had been
reached on 24 August by the Sudan National Press Council (NPC).
The NPC is a government-run body which monitors the print media in the country.
It accused 'Al Ayam' of "offending public decency" by publishing an article
on the widespread practice of female genital mutilation (FGM) - in its medical
column which deals with health questions.
Khartoum is officially opposed to female genital mutilation and has banned the
practice in the country, although regional experts say it is still widespread.
SOMALIA: EDITOR IMPRISONED IN SOMALILAND
A court in Hargeysa, the capital of the self-declared republic of Somaliland,
has sentenced a newspaper editor to four months' imprisonment, according to
official Radio Hargeysa.
Abdirahman Isma'il Umar, the editor of the Hargeysa-based daily newspaper
Wartire, had been found guilty of "misreporting", the radio said on Wednesday.
The Somaliland attorney-general had accused the editor of "fabrications and baseless
reports". The offending article involved a claim that Somaliland President Dahir
Riyale Kahin had, during a recent visit to Djibouti, signed a secret pact with
Djibouti President Ismael Omar Gelleh. According to Radio Hargeysa, "this was
found to have been a fabrication and an example of irresponsible journalism".The
opposition Party SAHAN issued a statement on Thursday condemning the imprisonment
of the journalist, and called upon the president of Somaliland not to encourage
the suppression of press freedoms, the source added. In June, the Somaliland authorities
banned all private radio stations. A circular issued at the time by the information
ministry said that until broadcasting regulations were laid down, there would
be no private radio stations because of the "potential dangers" of such operations.
It went on to say: "No other voice can be heard on the airwaves except Radio Hargeysa,
which is the national voice."
ERITREA: REMAINING POWS FREED
Eritrea released 279 remaining Ethiopian prisoners of war (POWs) on Thursday,
the International Committee of the Red Cross (ICRC) confirmed.
ZIMBABWE: RADIO OFFICE BOMBED
The Zimbabwe chapter of the Media Institute of Southern Africa (MISA) has condemned
the bombing on Thursday of the offices of an independent radio initiative. The
Voice of the People (VOP) Communications Trust is aimed at a rural audience. Their
programs are produced in Zimbabwe and transmitted to Radio Netherlands for broadcast
on short wave back into the country. MISA-Zimbabwe said the bombing occurred in
the early hours of Thursday morning. The bomb destroyed all the equipment, incapacitating
the operations of the aspiring radio station. Last month the police, accompanied
by officers from the Broadcasting Authority of Zimbabwe, and armed with a search
warrant, raided VOP in search of a transmitter and other broadcasting equipment.
After failing to find the transmitter, the police confiscated 133 tapes and files,
which were later returned.
NIGERIA STRUGGLES WITH SHARIAH
President Olusegun Obasanjo's federal government has strongly criticized the
harsh sentences imposed by Islamic courts in northern Nigeria. A dozen states
have adopted the Shari'ah as the legal code over the past two and a half years.
However, the sentence of death by stoning which stands over the 30-year-old mother,
Amina Lawal, and which was recently confirmed by an appeals court in Katsina State,
may provide the platform for a conclusive legal battle between supporters and
opponents of Shari'ah. In his first comment on a sentence which has sparked
widespread international outrage, Obasanjo on Saturday expressed his expectation
that the Lawal case would progress from the Katsina State judiciary to the federal
judiciary, and would be overturned. We can only hope.
HUNDREDS
OF ISRAELIS, PALESTINIANS RALLY AGAINST OCCUPATION
The Egyptian based Middle East Times, reports that some 200 Palestinians joined
500 Israeli pacifists in an anti-occupation rally on August 24 in a West Bank
village near Nablus. The pacifists, from the Arab-Jewish peace group Taayush,
were delivering a truckload of medical and food aid worth $20,000 to Palestinians
in Nablus and were planning to stage a protest there, but were blocked repeatedly
at army checkpoints, a member of the group said. They managed
to enter the small village of Hawara, five kilometers (three miles) south of Nablus,
after being told the West Bank city was a "closed military zone." There they met
with 200 Palestinians, who joined them from nearby villages to stage an anti-occupation
rally, witnesses said. The army then allowed them to proceed to Nablus to deliver
the aid.
MIDEAST VIEW OF AMERICAN TERRORIST
The Middle East Times,focused more on this story than our local papers. We think
it provides an interesting view of the American attitude as perceived in Egypt.We
reprint it in its entirety:
“The Florida office of the Council on American-Islamic Relations (CAIR-FLA)
said on Sunday that terrorist plans hatched by Jewish podiatrist Robert Goldstein
are not being taken seriously enough by law enforcement authorities, elected officials,
religious leaders or the media. Goldstein, 37, was arrested and accused of planning
to attack 50 mosques and Islamic centers in Florida, UPI reported on August 24.
The arrest took place a day after rocket launchers, antipersonnel mines and plastic
explosives were seized in Goldstein's home in Seminole, Florida. Federal agents
say they found a "mission template" with details on how to destroy an Islamic
education center. In the plan, agents said Goldstein uses a derogatory term to
describe the Muslims he hoped to kill, and there was a reference to placing napalm
under a dirt road as part of a contingency plan to hold off any police officers
arriving at the center. “Set timers for approximately 15-20 minutes to allow
for enough time to get out of the area, but to confirm explosions has been successful,"
reads the small print in the plan, which was attached to the federal complaint
filed against Goldstein, the Tampa Tribune reported. "Hand to hand [combat] is
unlikely but be prepared to liquidate [Muslims] up close," is another entry in
the plan. But although Goldstein has been apprehended, CAIR-FLA spokesman Altaf
Ali said that the incident would have been treated differently had the alleged
perpetrator been a Muslim. He said authorities would be looking for a larger conspiracy,
local mosques would have been placed under surveillance, Muslim leaders would
have been questioned, media reports would have examined the man's religious
motivations, synagogues would have round-the-clock protection, the governor or
the US president would have made a statement, and Muslim organizations would have
been called on to issue strong condemnations. "All we are asking for is equal
treatment as Americans and tough law enforcement," said Ali. He said he was particularly
disturbed by media reports that law enforcement officials seemingly praised the
alleged perpetrator as a James Bond-type "smart guy" who "knew his stuff." Ali
also questioned why the Bureau of Alcohol, Tobacco and Firearms, and not the FBI,
is taking the lead in the investigation. CAIR-FLA also demanded that authorities
inform the Florida Muslim community about what is being done to apprehend accomplices
referred to in Goldstein's plan. "Where are the statements of condemnation
from the governor or from Jewish groups? Where is the increased police protection
for mosques? And why are the media treating this incident as merely the act of
one 'deranged' individual when there is information that there are others
involved?" said Ali. CAIR-FLA said on August 23 that the incident may be linked
to the rising tide of anti-Muslim rhetoric by right-wing commentators and religious
leaders. "The American public is being subjected to a daily barrage of right-wing
anti-Muslim rhetoric that is largely unchallenged by mainstream religious and
political leaders," said CAIR Communications Director Ibrahim Hooper. Hooper also
repeated his group's request that US President George W. Bush issue a clear
statement condemning anti-Muslim hate speeches by fellow conservatives. On August
23, media reports in South Carolina revealed that a Republican congressional candidate
said Islam is not "a true religion, it is a cult. There is nothing peaceful about
that religion. It says 'kill or be killed'." Hooper cited several examples
of the phenomenon: televangelist Pat Robertson's almost daily defamation of
Islam; Reverend Jerry Vines' speech before the Southern Baptist Convention
describing the Prophet Muhammad as a "demon-possessed pedophile"; Free Congress
Foundation's William S. Lind's allegation that "there is no such thing
as peaceful Islam"; syndicated columnist Ann Coulter's call to invade Muslim
countries and convert the populations to Christianity; the "sarcastic" suggestion
by an editor of the National Review that "nuking Mecca" would send a "signal"
to Muslims; Fox News Network conservative talk-show host Bill O'Reilly's
comparison of the Koran to Hitler's book Mein Kampf; and former Special Counsel
to President Nixon Chuck Colson's claim that "Islam is a religion which breeds
hatred." In March this year, a pick-up truck was driven into the front of an Islamic
center in Tallahassee, Florida. Authorities said the attacker was motivated by
"hatred of Muslims" and had at one time tried to join the military in order to
"kill Muslims." A Bible wrapped in blue cloth was on the front seat of the man's
truck. In July, vandals set fire to a sign for a new mosque in Boca Raton, Florida.
Last January, Jewish Defense League Chairman Irv Rubin and a group member were
charged with conspiring to blow up a mosque and the office of an Arab-American
congressman in California.
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