RULE OF LAW NEWS ALERTS

December 12, 2008

HAPPY 60TH BIRTHDAY, UNIVERSAL DECLARATION OF HUMAN RIGHTS!

Greece: Leaders of the center-left opposition have demanded early elections, stating that street violence shows that Greeks are “fed up” with corruption scandals, an inept and violent police force and general economic problems. Sparked by the fatal shooting by police of a 15-year-old boy, riots in Athens are the worst in the country in years and have been going on for five days. Youths have burned, vandalized and looted hotels, banks and stores, even attacking an Athens courthouse with firebombs. A general strike by about 100,000 workers in labor unions has also shut down most of the country, including transportation as well as banks and hospitals.
12/11/2008. “Youths firebomb Athens courthouse as riots enter fifth night,” by Maria Mikalef and Sebastian Rotella. The Lost Angeles Times. http://www.latimes.com/news/nationworld/world/la-fg-greekriots11-2008dec11,0,3671340.story

Nigeria: The Civil Rights Congress (CRC) has described President Yar'Adua's adherence to the principles of the rule of law as weak and ineffective. The group has also accused the government of continued violations of human rights and other basic citizens’ rights as stated in both the constitution and other charters. The group also stated that the greatest challenge to human rights in Nigeria was the ethno-religious uprising in the North, where it is estimated that one million people have died in thirty years in the region.
12/10/2008. “Yar’Adua’s Rule Of Law Questionable – CRC,” by Samuel Aruwan. Leadership Nigeria.
http://leadershipnigeria.com/news/117/ARTICLE/3688/2008-12-10.html

Nigeria: Members of the Judicial Staff Union of Nigeria (JUSUN) have been on strike for two weeks, paralyzing all court activities in the country. The workers are demanding the creation of a Judiciary Pensions' Board to oversee the welfare of judiciary workers. Other requests include a higher salary and better service conditions. The judiciary workers' strike is the second this year and the sixth between 2004 and 2008.
12/10/2008. “Nigeria: Legal Impact of Judiciary Workers' Strike,” by Adam Adedimeji. All Africa.
http://allafrica.com/stories/200812110239.html

Kosovo: The EU has begun deploying its largest justice and police mission ever in Kosovo, taking over from the UN. About 3,000 people, including 1,900 international and 1,100 local staff members, will eventually participate in EULEX. The head of EULEX, French General Yves de Kermabon, stated that the mission of judges, prosecutors, police, custom officials and correctional officers will help build government institutions in Kosovo. However, thousands of people from across Kosovo have demonstrated against the EU mission in recent weeks as ethnic Albanian protesters view it as an attempt to impose European control over the small nation. However, Kosovo's Prime Minister Hashim Thaci supports EULEX, saying that it could help restore law and order for all ethnic groups in Kosovo.
12/10/2008. “EU Mission Deploys in Kosovo Amid Protests,” by Stefan Bos. VOA News.
http://voanews.com/english/2008-12-10-voa60.cfm

United States: The Justice Department unsealed its case against five Blackwater Worldwide security guards, built largely around the testimony of a sixth guard about the 2007 shootings that left 17 unsuspecting Iraqi civilians dead in Baghdad. The guard described how he and the other guards used automatic rifles and grenade launchers to fire on cars, houses, a traffic officer and a girls' school. In addition to those killed, at least 20 people were wounded. The guard also stated that the incident started when the guards opened fire on a car "that posed no threat” to them. Federal prosecutors accused the guards of acting with blatant disregard for human life and the rule of law, yet the defendants named in the indictment rejected those assertions. This case is the first test of the government's ability to hold private security contractors accountable for what it considers crimes committed overseas.
12/9/2008. “Plea by Blackwater guard helps indict 5 others,” by Ginger Thompson. International Herald Tribune. http://www.iht.com/articles/2008/12/09/america/black.php?page=1

Brazil: Brazil’s Supreme Court voted to keep a reservation in the Amazonian state of Roraima as a single territory with an 8 to 3 vote. However, a final ruling was postponed and is not expected until next year. The ruling would mean the eviction of a group of non-indigenous farmers who live and work in a reserve in the Raposa Serra do Sol area, which is home to up to 20,000 Amazonian Indians. The state approved the land as an official reservation in 2005. Approximately 200 rice producers said that a ruling in favor of the reserve would force them to leave, undermining economic development in the state. The Brazilian military has also expressed concern that a quasi-autonomous Indian reservation running along a lengthy section of Brazil's frontier would have implications for national security. However, some of the judges stated in their rulings that the army and police should have full access to the region without having to consult indigenous leaders. There are more than 100 similar cases before the Supreme Court but it is thought this ruling will establish an important legal precedent.
12/11/2008. “Brazilian Indians 'win land case.'” BBC News. http://news.bbc.co.uk/2/hi/americas/7774895.stm

December 3, 2008
Thailand: The Constitutional Court has decided to dissolve the three parties in the ruling coalition, the People Power Party, the Chart Thai, Machima Thipataya, “to set a political standard and an example” as well as to resolve the country’s ongoing political crisis. The court has also banned Prime Minister Somchai Wongsawat from politics for being a proxy for former leader Thaksin Shinawatra who was also deposed by the Court in September. Somchai says his allies will be forming a caretaker government with a new leader shortly. The crisis has stemmed largely from the public's distrust of politicians, specifically from allegations of vote-buying, bribery, and general corruption. Anti-government protestors from the People’s Alliance for Democracy have been staging massive protests for months and have ended a siege on the main airport, which has stopped air traffic in Thailand for over a week and has done much damage to the Thai economy.
12/3/2008. “Thai demonstrators leave airports.” BBC News. http://news.bbc.co.uk/2/hi/asia-pacific/7762041.stm

Central Asia/Europe: The Central Asia Ministerial Conference, organized by the EU’s Rule of Law Initiative for Central Asia, was held at the end of November and discussed the theme, "Rule of law - cornerstone of development." This initiative was founded with the goal of carrying out new projects developed to strengthen cooperation between the EU and Central Asian nations. Such projects will focus on, “reinforcing the cooperation between constitutional courts, modernizing the training of young lawyers as well as implementing the legal guarantees for the accused in court.” The Conference highlighted the significance of strengthening the rule of law as critical for the development of stable political framework, sustainable economic frameworks, and the protection of human rights. Ministers also discussed organizing regional thematic conferences in Central Asia for 2009.
12/3/2008. “EU-Central Asia cooperation to strengthen the Rule of Law.” Euroalert.net http://euroalert.net/en/news.aspx?idn=8196

Zimbabwe: A SADC (Southern Africa Development Community) tribunal has ruled that 79 farmers facing eviction can keep their farms because the land reform undermined the rule of law. The Namibia-based tribunal on ruled in favor of the white farmers who had gone to the regional court seeking an order barring the government from seizing their farms without compensation. The judges stated that the Zimbabwean government has discriminated against the applicants on the basis of race thus violating the SADC treaty. The Constitution of Zimbabwe Amendment Act 17, which became law in 2005, empowered the government to acquire farms without compensation. Josephat Tshuma of the Law Society of Zimbabwe said the judgment of the tribunal was binding; however, SADC has no mechanism to enforce it legally. Tshuma also said that, the ruling was still enforceable politically as failure to abide by it would repel investment. ZANU-PF officials stated that the government would not recognize the SADC ruling as the Court has no jurisdiction, impeding on Zimbabwe’s sovereignty. ZANU-PF officials also stated that they would arrest the farmers if they tried to return to their farms.
11/29/2008. “Government Violated Rule of Law: SADC Tribunal,” by Vusumuzi Sifile. The Zimbabwe Standard.
http://www.thezimbabwestandard.com/local/19304-govt-violated-rule-of-law-sadc-tribunal.html

Kosovo: The UN Security Council unanimously endorsed a plan by Secretary General Ban Ki-moon on the deployment of an EU police and justice mission in Kosovo, known as Eulex, which will gradually take over from the UN Mission in Kosovo. 2,000 policemen constituting Eulex will be deployed in early September and will oversee the police, judiciary, and customs. UN Secretary General Ban Ki-moon in a report published Tuesday said Eulex would observe strict neutrality regarding Kosovo's independence, meaning the law and order mission did not convey any UN recognition of the territory's political status. The UN has not made a decision on Kosovo's independence, which Pristina's majority Albanian authorities declared unilaterally in February in a move rejected by Serbia. Some 50 countries, including the United States and most European countries, backed the move.
11/27/2008. “UN backs plan for EU rule of law mission in Kosovo.” Khaleej Times. http://www.khaleejtimes.com/DisplayArticle08.asp?xfile=data/international/2008/November/international_November1988.xml&section=international

November 24, 2008
Pakistan: Lawyers in Lahore continue to protest through the boycotting of courts and hunger strikes against government’s delay in restoring deposed Justice Iftikhar Muhammad Chaudhry to the office of Chief Justice of Pakistan. The Save Judiciary Committee (SJC) also held a protest camp where lawyers gathered and chanted slogans for an independent judiciary and formation of national government to steer the country out of the present difficult phase. Chairman of the SJC, Abdul Rashid Qureshi said the country had law but no rule of law, and no peace. He also spoke of the lack of leadership in the country which has caused corruption to run rampant and Pakistan’s economy to deteriorate without any long term plans. He said an independent judiciary was the main answer fix Pakistan’s many social, political, and economic issues and that the judiciary was not possible unless Justice Chaudhry is reinstated.
11/22/2008. “Country has law but no rule of law, observes SJC.” The Nation.
http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Lahore/23-Nov-2008/Country-has-law-but-no-rule-of-law-observes-SJC

Great Britain: Lord Bingham, one of Britain's most authoritative judicial figures, described the invasion of Iraq as a serious violation of international law, and accused Britain and the US of acting like a "world vigilante."Bingham stated: "If I am right that the invasion of Iraq by the US, the UK, and some other states was unauthorized by the Security Council there was, of course, a serious violation of international law and the rule of law.” Bingham also criticized the post-invasion record of Britain as an occupying power in Iraq. The Conservatives and Liberal Democrats continue to press for an independent inquiry into the circumstances around the invasion, yet the government says an inquiry would be harmful while British troops are in Iraq. However, government ministers say most of the remaining 4,000 will leave by mid-2009.
11/17/2008. “Former senior law lord, Lord Bingham, says Britain broke international law by invading Iraq,” by Christopher Hope. The Daily Telegraph. http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/3474078/Former-senior-law-lord-Lord-Bingham-says-Britain-broke-international-law-by-invading-Iraq.html

Zimbabwe: Human Rights Watch issued a statement condemning the state of the Zimbabwean judiciary and the deterioration of the rule of law. HRW states that ZANU-PR, the ruling party, has become a “critical agent of repression” by purging the judiciary, packing the courts with ZANU-PF supporters, and bribing judges to guarantee their loyalty. Furthermore, HRW calls the power-sharing agreement between ZANU-PF and the Movement for Democratic Change (MDC) a failure as both parties have failed to recognize the lack of respect for fundamental rights and the rule of law in Zimbabwe. Police partisanship is also contributing to the weak rule of law as police forces are instructed not to investigate or arrest ZANU-PF supporters and their allies implicated in political violence while arbitrarily arresting and detaining hundreds of MDC activists in inhumane conditions. Human Rights Watch also found that only two nobody has been prosecuted for at least 163 politically motivated extrajudicial killings - almost entirely of MDC supporters. Furthermore, members of the ZANU-PF militia who killed six people in May continue to walk free without facing prosecution. This is especially grave for the Zimbabwean people who continue to live in rapidly worsening economic situation, with more than five million facing severe food shortages and inflation, running at 2.79 quintillion.
11/8/2208. “Our Hands Are Tied: Erosion of the Rule of Law in Zimbabwe. Human Rights Watch.
http://www.hrw.org/en/reports/2008/11/08/our-hands-are-tied-0

Nigeria: The National Vice Chairman of the Peoples Democratic Party (PDP), Dr. Danladi Sankara, has declared that President Umaru Musa Yar'Adua has succeeded in ensuring due process and the rule of law are present in Nigeria. Furthermore, these protections have helped remove obstacles that in the past contributed to stunting the economic development of the country. Sankara called upon all Nigerians, especially local leaders, to support President Yar'Adua as he continues to live up to his campaign promises of protecting the Nigerian constitution, as well as his Seven Point Plan which addresses issues such as power and energy, food, security, wealth creation, transportation, land tenure changes and home ownership, national security and intelligence, education and the resolution of the Niger Delta crisis.
11/18/2008. “Nigeria: Yar'Adua Has Strengthened Due Process, Rule of Law - Dr. Sankara .” AllAfrica.com.
http://allafrica.com/stories/200811181053.html

November 14, 2008
Latin America: The latest Latinobarómetro poll taken in 18 countries in Latin America show that many people remain frustrated by the way their political systems work although five years of strong economic growth have prompted a slow but fairly steady rise in support for democracy and its institutions among Latin Americans. In 12 countries, support for democracy has risen since 2001, but only in five countries is it higher than it was in 1996. This year democracy has received a particular boost in Paraguay, a country where authoritarian attitudes previously predominated. In Venezuela, support for democracy may have been boosted this year among opponents of President Hugo Chávez, after their victory in a referendum on constitutional change last December. In Colombia, President Álvaro Uribe’s success against the FARC guerrillas may be the reason for a similar democratic lift. Uruguayans are by far the most satisfied with how their democracy works. Peruvians are especially unhappy, which is interesting because Peru’s economy has grown faster than that of any other of the region’s bigger countries both this year and last. The relative dissatisfaction owes much to the deep-set socioeconomic inequalities in Latin America. Across the region 70% of respondents agreed that governments favor the interests of a privileged few; around half say they would not mind a non-democratic government if it solved economic problems; a similar proportion say democracy has not reduced inequalities; and only 30% think there is equality before the law. In six countries, including Mexico and Venezuela, crime and public safety are seen as the most important problem. In ten countries, economic concerns (unemployment, poverty and inflation) are still seen as paramount. In Brazil 19% cited health care as the biggest problem.
11/13/2008. “Democracy and the Downturn.” The Economist. http://www.economist.com/world/americas/displaystory.cfm?story_id=12607297

Liberia: Members of the Liberian judiciary have been called upon by UN Deputy Envoy Henrietta Mensa-Bonsu to prioritize access to justice for Liberia’s rural population during a Strategic Planning Meeting for key representatives of the legislative, executive and judiciary arms of government which took place from Oct. 27-30 in Accra, Ghana. Mensa-Bonsu told the meeting that although a much had been accomplished over the past four years, the lack of trained magistrates and courts was impeding the rule of law and discouraging the public from seeking legal aid. The meeting concluded with a “vision statement” that seeks to create an independent, impartial and competent judiciary which will foster peace, stability and national reconciliation. The systematic training of its workforce, the repair of infrastructural facilities and provision of logistical support, and the need to take vigorous actions against ethical transgressions were included in the statement.
11/12/2008. “Prioritize Access to Justice.” The News Online.
http://thenews.com.lr/story.php?record_id=4097⊂=News

Kosovo: Kosovo’s senior leaders have rejected a plan that will regulate the future work of the United Nations Mission in Kosovo and hence pave the way for the deployment of the European Union's Rule of Law Mission to the country. Fatmir Sejdiu, Kosovo’s head of state, and prime minister, Hashim Thaci, said that the current plan, which has been agreed upon by Belgrade, breaches Kosovo's sovereignty and territorial integrity. They said that the proposal breaches the Ahtisaari plan (for Kosovo's independence), seeks to re-establish UN Resolution 1244 which stipulates that Kosovo is a part of Serbia and is therefore not acceptable. EU representative for Foreign Policy and Security Javier Solana said that he expects there will be an agreement by the end of the week but Kosovo's leaders said that this will probably not be the case because they have been excluded from negotiations between the EU and Serbia.
11/11/2008. “Kosovo Rejects UN Proposal.” The Sofia Echo. http://www.sofiaecho.com/article/kosovo-rejects-un-proposal/id_32904/catid_68

November 7, 2008
United States: President-elect Barack Obama faces many issues he must address during the early stages of his presidency, including rebuilding America's reputation in the international arena, says Philippe Sands, a noted British professor and practitioner of international law. Sands notes that the worst violations of the rule of law occurred in Bush’s first term and lingered into the second, calling the last eight years, “catastrophic for perceptions of the U.S. around the world and its capacity to fulfill its historic engagement with the notion of the rule of law.” Sands states that the Obama administration needs to make explicit the U.S.'s reengagement with the rule of law, both domestically and internationally, by ending policies condoning torture and rendition, developing timetables for shutting down Guantanamo Bay, ending the US’s “assault” on the International Criminal Court, and revoking parts of the Military Commissions Act of 2006.
11/6/2008. “Will Obama Administration Signal Return to Rule of Law?” by Brian Baxter. The AmLaw Daily.
http://amlawdaily.typepad.com/amlawdaily/2008/11/obama-administr.html

United States: California joined 29 other states which have constitutional bans on same-sex marriage, including both Arizona and Florida, where measures barring the practice passed yesterday. With 95 % of precincts reporting, 52 % of Californian voters have voted for Proposition 8, an initiative that bans same-sex marriage in the state. In 2000, over 60 % of voters approved a measure banning same-sex couples from marrying but the state's Supreme Court ruled the law unconstitutional earlier this year. Four of seven justices not only agreed that gay and lesbian couples enjoy the same fundamental right to get married that straight people do but also concluded that preventing them from marrying amounts to discrimination under the state Constitution. However, most legal experts believe no state court will be able to undo the new law and speculate that same sex-marriage advocates may have to turn to the federal courts and argue that the ban should be overturned on the grounds that it violates the U.S. Constitution—something most legal experts think federal courts will not do. California currently has a separate domestic partnership law, which affords gay couples most, but not all, of the legal rights of marriage.
11/5/2008. “United States: Same-Sex-Marriage Battle Appears Over in California,” by Justin Ewers. US News and World Report. http://www.usnews.com/articles/news/politics/2008/11/05/same-sex-marriage-battle-appears-over-in-california.html

Zimbabwe: Experts believe that the economic meltdown in Zimbabwe, which is currently experiencing massive hyperinflation, is directly related to the country’s breakdown of the rule of law. State leaders are accused of using their power to interfere with the country’s bill of rights, especially property rights and human rights. The ruling government states that international economic sanctions on Zimbabwe are the cause of the economic crisis, thus forcing the state to institute harsh policies, such as Mugabe’s land reform programs which have caused the country’s agricultural sector to suffer. The international community is discouraged by lawlessness in Zimbabwe and there is no foreign direct investment. Experts claim that a restoration in the rule of law will generate confidence and restore economic growth.
11/3/2008. “Zimbabwe Economic recovery and Ministry of home affairs,” by Gilbert Muponda. The Harare Tribune.
http://www.hararetribune.com/index.php?option=com_content&view=article&id=675:zimbabwe-economic-recovery-and-ministry-of-home-affairs&catid=89:personal-glimpses&Itemid=270

Haiti/Dominican Republic: Albert R. Ramdin, the Organization of American States’ (OAS) Assistant Secretary General, urged politicians from the Dominican Republic and Haiti to establish mechanisms to promote friendly relations and demonstrate the importance of peaceful coexistence. Ramdin spoke in Santo Domingo, Dominican Republic, on Thursday at the opening of the 30th Annual Forum of Parliamentarians for Global Action (PGA) Strengthening Democratic Institutions, Accountability, and the Rule of Law. He suggested they pursue actions plans to strengthen the social and economic development of both countries. The PGA Forum also considered topics “Mainstreaming the Rule of Law, Justice and the Fight against Impunity in International Relations and Cooperation: the role of Parliamentarians.” Ramdin said border management, trade, migration, human rights, and natural resources are necessary for advancing the Haiti-Dominican relationship and strengthening their social, economic, and political environments. He urged the two countries to reactivate as soon as possible a joint commission that had been established to explore solutions to issues like migration and trade.
11/1/2008. “OAS urges structured strategy for Dominican Republic-Haiti cooperation.” Caribbean Net News.
http://www.caribbeannetnews.com/news-11890--38-38--.html

NOTE: The newly formed Afghan Bar Association (AFBA), which is striving to advance the rule of law in Afghanistan, is seeking Virginia attorneys who would be interested in providing advice to the independent legal organization. According to the appeal, Afghan Bar Association is looking for those Virginia attorneys as attorneys who have an Afghan background or who speak Dari or Pashtu, who would be interested in establishing a dialogue with members of the AFBA’s executive committee.
More Information

Monday, October 13
Sudan: Militia Leader Ali Mohamed Ali Abdel-Rahman, also known as Ali Kushayb, was arrested and brought into custody as confirmed by Sudanese Justice Minister Sabderat. The ICC issued an arrest warrant in February for Ali Kushayb for crimes against humanity, as well as one for government minister Ahmen Haroun. The ICC has also accused President Omar al-Bashir of war crimes, yet the Sudanese government is refusing to cooperate with the ICC and insists on conducting their own investigation. However, critics oppose this because Sudanese criminal law does not cover war crimes, genocide, or crimes against humanity.
10/13. “Darfur Militia Leader in Custody.” BBC News Online. http://news.bbc.co.uk/2/hi/africa/7666921.stm

Thailand: The People’s Alliance for Democracy, the opposition group, is continuing its fight to seize power from the democratically elected People Power Party after Prime Minister Samak was forced to resign in May after corruption charges were filed. The PAD has been mobilizing protesters to take to the streets causing created violence and chaos, which has resulted in the deaths of several people with hundreds injured. Opponents of the PAD accuse them of complete disregard for the rule of law and believe that they are trying to destabilize the country to force a military coup, which if occurred, would be Thailand’s 19th coup since 1932.
10/13. “People’s Democrats’ in Name.” The Japan Times.
http://search.japantimes.co.jp/cgi-bin/ed20081013a1.html

United States: Judge Ricardo Urbina of the Washington DC Federal District Court has ordered that 17 Uighur Muslim detainees of Guantanamo Bay be released. This followed after the Supreme Court ruled that Guantanamo detainees had the legal right to file habeas corpus petitions to challenge their detention in June. Although the Bush administration has admitted that the detainees posed no threat to the US, yet is not abiding by the court’s ruling. The administration is refusing to let the Uighurs into the US and claims to be waiting for another country to grant the detainees asylum from China, which has a strained relationship with the religious minority group. The Uighur detainees were captured in Pakistan and have been held in Guantanamo without formal charges filed against them since the US invaded Afghanistan in 2001.
10/11. “The Rule of Law in Guantanamo.” The New York Times.
http://www.nytimes.com/2008/10/12/opinion/12sun2.html?_r=1&oref=slogin

United States: On Oct. 10th, The Connecticut Supreme Court, in a 4-3 ruling, overturned a state ban on same-sex marriage, stating that it is in violation of the state constitution because it "discriminates on the basis of sexual orientation.” In 2005, the state legislature passed a law that allowed same-sex couples to enter into civil unions that allowed for the same rights available to married couples, but defined marriage as "the union of one man and one woman," posing the question of whether this statement was permitted under the state constitution. The case was brought to court by eight gay couples who were refused marriage licenses, but did not make any claims under the Constitution. Justice Richard Palmer wrote that the equal protection clause, “leads inevitably to the conclusion that gay persons are entitled to marry the otherwise qualified same sex partner of their choice," and, “same sex couples cannot be denied the freedom to marry." This ruling makes Connecticut the third state, after Massachusetts and California, to legalize gay marriage.
10/11. “Connecticut Ban On Gay Marriage Reversed,” by William Branigin. The Washington Post.
http://www.washingtonpost.com/wp-dyn/content/article/2008/10/10/AR2008101001203.html

Scotland: On Thursday, the Scottish media reported that the Muslim Arbitration Tribunal was holding talks with lawyers and community groups about seeing up sharia courts in Scotland. Shortly after this announcement, a representative from the Church of Scotland stated that sharia courts, which deal with traditionally domestic issues, had been “unfairly portrayed” by the Church of England and that integration of sharia law into the UK legal systems “seems unavoidable.” However, the sharia courts must adhere to three criteria: they must respect women’s rights, they must go along with the principles outlined in the Human Rights Act, and they must encourage people to seek justice through the court system. However, this news has generated heavy backlash among many Scots who feel that sharia courts have no place in the Scottish legal system.
10/10. “Church of Scotland Backs Islamic Sharia Courts.” The Scotsman.
http://thescotsman.scotsman.com/uk/Church-of-Scotland-backs-Islamic.4578904.jp

Mauritius: According to the Ibrahim Index, published Oct. 6, Mauritius is the “best-run” country in Africa. The index judges 48 sub-Saharan African countries by five standards: the rule of law, safety and security, corruption and transparency, participation and human rights, sustainable economic opportunity, and human development. Trends identified in the index show that most of the ten best-run countries have small populations, while larger, resource-rich countries tend to rank at the bottom of the table. However, one irregularity with the index implies that open democracy is given less weight in the index than might be expected. For example, Gabon, which is ranked eighth, has been governed for over four decades by its president Omar Bongo, who has faced allegations of serious corruption.
10/7. “Grading Africa.” The Economist. http://www.economist.com/daily/chartgallery/displaystory.cfm?story_id=12332713

Wednesday, Oct. 8, 2008
Sri Lanka: The Government Medical Officers Association (GMOA) and the Bar Association of Sri Lanka (BASL) staged demonstrations and strikes demanding that the attackers of Dr. W.D. Lakshmi Indunil and human rights lawyer J.C.Weliamuna be brought to justice. Dr. Lakshmi was shot and killed at a hospital while Weliamuna’s home was blown up with a hand grenade this past week. Lawyers walked out of courts and staged the protest and the doctors staged a strike on the day, accusing the police of trivializing these crimes and delaying the investigations. The protests and strikes are being viewed by government officials as attempts to stir anti-government sentiment. Protestors view the lack of concern on the part of the police as an abandonment of the rule of law as the heavily partisan government has made no attempt to provide security or protect democratic freedoms.
10/6. “Attacks on democracy and rule of law.” Daily Mirror.
http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=28299

United States: On Oct. 2nd at Georgetown University Law Center, Justices Sandra Day O’Connor and Stephen Breyer as well as former Chairman of the Federal Reserve Alan Greenspan partook in the third annual conference of the Sandra Day O’Connor Project on the State of the Judiciary entitled “Our Courts and Corporate Citizenship.” This conference integrated issues that jeopardize the US’s tradition of a fair and impartial judiciary with the role that corporations play in the legal system – both as litigants and as citizens with a decided interest in an effective and independent judiciary. Greenspan gave credit to the Constitution with providing the security which allows long-term economic prosperity that gives Americans the highest standard of living in the world. He specifically emphasized the importance of the rule of law, mostly laws relating to private ownership, as a source of trust and confidence in the marketplace which is necessary for economic growth.
10/6. “Greenspan: Rule of Law Will Help Revive Economy.” Blue & Gray. http://explore.georgetown.edu/news/?ID=36858

Ecuador: On Sept. 28th, Ecuadorians voted to approve a new constitution by almost a two-thirds majority. Ecuador has had eight presidents in the past 11 years and proponents of the new constitution, which gives President Correa expanded new powers including an extended stay in office, hopes it will bring stability to the country. Following in the footsteps of Hugo Chávez in Venezuela and Evo Morales in Bolivia, the Ecuadorian constitution allows a president to hold office for two consecutive four-year terms, instead of just one. It also aims to create a “people’s power”, giving an appointed citizens’ council oversight of the other branches of government. However, leftist leaning Ecuadorians worry that Correa is given too much power. Also, some of the 31 Supreme Court judges are threatening to resign over changes which include reducing the number of judges to 21 and plans to turn the court into a smaller National Court of Justice which would be subject to the authority to a new Constitutional Court.
10/2. “Ecuador’s New Constitution: In Good Faith.” The Economist.
http://www.economist.com/displaystory.cfm?story_id=12342501&fsrc=nwl

Russia: While speaking at the first meeting of the Anti-Corruption Council, President Medvedev vowed that the war with Georgia had not detracted the government's attention away from reforms and pointed to a bundle of anti-corruption legislation to be introduced in the State Duma this week. Medvedev said this in response to critics who had asserted that the war was a distraction from liberal reforms which had been promised to Russia, specifically the protection of property rights, the strengthening of law enforcement and court systems, and the elimination of barriers faced by businesses. The legislation would require government officials and their family members to publicize their assets and income as well as require officials to notify superiors of any cases involving corruption. It would also and would also require officials who leave government jobs to get permission from their former bosses before accepting jobs with companies they associated with while in office. There would also be an additional 25 amendments to current laws as well as the main bill itself. This follows Russia’s ratification of the United Nations Convention against Corruption and includes many of its requirements and those specified in a G8 declaration on fighting corruption. This set of legislation has been an attempt to curb corruption in Russia which is seen as a “way of life,” as Transparency International has ranked Russia 147th in the world, and detrimental to the Russian economy.
10/1. “Medvedev Soldiers On in Corruption Battle,” by Anna Smolchenko. The Moscow Times. http://www.moscowtimes.ru/article/600/42/371358.htm

India: 35 human rights groups from Asian Forum for Human Rights and Development’s member and partner organizations from Bangladesh, India, Maldives, Nepal, Pakistan, and Sri Lanka met in Trivandrum, India, for the 3rd Annual South Asian Human Rights Forum (SAHRF). Participants centered their focus on a sub-regional action plan to guarantee the right to adequate food, especially for the most vulnerable groups. Specifically, there was a discussion on the success and limitations of the Right to Information Act, an effective instrument for human rights NGOs in India, which is hoped to be fully developed in Bangladesh and Pakistan. Country representatives from South Asia were also able to discuss the challenges facing human rights groups in their countries, especially when addressing economic, social and cultural rights.
9/26. “Human rights defenders meet in India to address future challenges.” Asian Forum for Human Rights and Development Briefs. http://www.forum-asia.org/index.php?option=com_content&task=view&id=1981&Itemid=32

Monday, Sept. 22, 2008: Rule of Law Updates
South Africa: The ruling African National Congress has picked Kgalema Motlanthe, an ally of Party Leader Jacob Zuma, to replace former president Thabo Mbeki, who resigned on Sunday. Mbeki resigned after allegations of “political interference” in a corruption case against Zuma and many opponents, including Archbishop Desmond Tutu, claim cronyism and interests of the ANC are being put before national interests, threatening the rule of law. Mbeki had fired Zuma, then deputy president, in 2005 after Zuma’s advisor was found guilty of soliciting bribes at his request.
9/22/08. “Zuma ally ‘to be S. Africa leader.’” BBC News Online.
http://news.bbc.co.uk/2/hi/africa/7628672.stm

Nigeria: the Yar'adua/Jonathan Support Movement (YJSM) warned yesterday that President Umar Musa Yar'adua's adherence to the rule of law should not be taken for granted and used against his government. Prince Ajibola stated that Yar’adua was the first leader in Nigerian history to adhere to the rule of law and this should be seen as a good-faith effort to ensure justice for Nigerian citizens. Thus, the opposition party who has been asking the President to resign, should halt its character attacks and allow Yar’adua to continue to pave the way for democracy in the region and better serve the Nigerian population
9/21/08. “Nigeria: Yar'Adua's Rule of Law Shouldn't Be Taken for Granted – YJSM,” by Aliyu Machika. Daily Trust. http://allafrica.com/stories/200809220710.html

Russia/Georgia: Human Rights Watch calls on the Russian government to investigate claims of abuse of military and civilian detainees such as extrajudicial execution, imprisonment, and torture by Ossetian forces. Furthermore, the Georgian government should investigate allegations of ill-treatment of Ossetian detainees. HRW has evidence on at least one extrajudicial execution of a Georgian soldier, torture of at least four Georgian soldiers by Ossetian forces, and 160 cases of the unlawful detention of Georgians, mostly elderly.
9/21/08. “Russia/Georgia: Investigate Abuse of Detainees.” Human Rights Watch. http://hrw.org/english/docs/2008/09/19/georgi19858_txt.htm

Liberia: The National Rule of Law Retreat hosted by the Liberian government finished with a resolution, “calling on the three branches of government to facilitate greater cooperation and collaboration on Rule of Law issues.” Members from the Judiciary, various ministries, civil society organizations, and international bodies were in attendance, including the ABA Rule of Law Initiative. Four issues were identified during the conference where efforts should be focused: Policy Coordination, Legislative Process, the Criminal Justice Process, and implementation and Monitoring Coordination. Needs such as the introduction of a paralegal system, the immediate publication of laws for the general public, adequate training for the Liberian National Police Force, and frequent group meetings between the three branches of government were among some of the issues addressed.
9/20/08. “Liberia National Rule of Law Retreat Ends.” The Analyst. http://www.analystliberia.com/rule_of_laws_retreat_ends_20-09-08.html

Afghanistan: The Afghan Bar Association was officially established as more than 650 lawyers joined the newest association in the international community of legal bodies. Sweden’s ministry of foreign affairs funded the project while the International Bar Association (based in London) worked to implement the project on the ground since 2004. While Afghanistan is still plagued by violence and lawlessness, the formation of this legal association is seen as a step towards peace and modernization through the support for an independent judiciary and codified by-laws for Afghan lawyers. Furthermore, increased access to justice took center stage as a high priority as evidenced by a requirement that Afghan lawyers must demonstrate that they have done at least three pro bono cases per year.
9/18/08. “Welcome to the world’s newest bar association,” by Jonathan Ames. The Times Online. http://business.timesonline.co.uk/tol/business/law/article4774150.ece

Rwanda: A conference entitled, "Human Rights in Africa: Challenges and Opportunities in the New Millennium" was held in Kigali the first week of September in which judges, lawyers, academics, representatives of NGOs and politicians involved in the human rights field attended. A key segment of this conference addressed the causes of the Rwandan genocide and how the circumstances leading up to the genocide could be avoided. Fatuma Ndangiza, the Executive Secretary of Rwanda's National Unity and Reconciliation Commission, led this segment and presented a paper identifying bad governance, a culture of impunity, widespread poverty and inequality as the enabling causes of genocide. Experts stressed that and increase in access to education, respect for the rule of law and human rights, and sustainable equality will reverse the ills endemic to the African continent so that genocide will be avoided.
9/17/08. “Africa: Lessons from Rwanda,” by Paul Hoffman. The New Times. http://allafrica.com/stories/200809170121.html

United States: At a two-day program at Utah State University entitled, “Freedom and the Rule of Law,” Supreme Court Justice Antonin Scalia said that American judged need to refrain from, “abstract moralizing” and interpret the Constitution as a static document and not try to rewrite it. Scalia exhibited his “originalist” view on the Constitution by discussing how court decisions awash with moralistic undertones are responsible have no place in the judiciary and need to be kept in check.
9/15/08. “Scalia says judges need to interpret, not rewrite Constitution,” by Brian Maffley. Salt Lake City Tribune. http://www.sltrib.com/News/ci_10472873

Monday, Sept. 15, 2008
Malaysia: Zaid Ibrahim, member of parliament and the cabinet minister responsible for legal affairs, has resigned because of the Malaysian’s government’s use of the Internal Security Act, a controversial law which has been used to imprison opponents of the government indefinitely often without a trial. The recent arrest of a popular Malaysian blogger for reporting on racially charged comments made by a Malay Muslim ruling party politician under the justification of the ISA generated backlash against the government resulting in the blogger’s release. Many of the ISA’s opponents, including Mr. Zaid, believe that it is a hindrance to the rule of law in Malaysia and needs to be reformed.
9/15/08. “Malaysia Resignation Amid Arrests.” BBC News. http://news.bbc.co.uk/2/hi/asia-pacific/7616147.stm

United States: Senator Russ Feingold (D-WI), Chairman of the Constitution Subcommittee of the Senate Judiciary Committee, will chair a hearing on September 16 on “Restoring the Rule of Law.” The Subcommittee will hear recommendations from legal and historical experts on what the next president and the next Congress must take to repair the damage done by the Bush Administration to the rule of law, notably reestablishing appropriate checks and balances in a number of areas. These areas include wiretapping, interrogation standards, detention policy, misleading Congress, and abuse of executive privilege.
9/10/08, “Feingold to Chair Hearing on Restoring the Rule of Law.” http://www.commondreams.org/newswire/2008/0910-12

Angola: The ruling MPLA party swept the parliamentary election with an 82% vote, prompting the opposition party to express fear that, “an authoritarian presidency could be created and [the] rule of law will not be respected.” President Jose Eduardo dos Santos and other MPLA officials aimed to garner enough support to win the two-thirds majority needed to change the country’s constitution but have not indicated which changes they will make. U.S. and European election observes acknowledged that, “there was hardly a level playing field,” and the poll was highly flawed, yet this election was a step in the right direction for Angola, which is still recovering from a brutal civil war.
9/10/08. “Angola’s MPLA Wins Parliamentary Poll, Extends Rule,” by Paul Simao. Reuters. http://www.reuters.com/article/worldNews/idUSLA12167320080910?pageNumber=1&virtualBrandChannel=0

Russia: The International Bar Association criticized Russia for "state-sponsored intimidation" of lawyers representing HSBC and the hedge fund Hermitage Capital Management after the government they exposed a large alleged case of tax fraud. The government seized files and issued summons, yet Hermitage claims that the government acted without support of any Russian court, prompting the IBA to warn of a “deterioration in the rule of law” regarding legal proceedings in Russia.
9/10/08. “Law Society Warning over Russia’s ‘state-sponsored intimidation,’” by Philip Aldrick. The Daily Telegraph.
http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2008/09/11/cnhermit111.xml

Liberia: The UNDP Country Director in Liberia has emphasized the importance of strengthening the Liberian National Police force through a “holistic and strategic approach” to ensure that it has the means to enforce the rule of law. This comment came with the opening of the newly constructed Tubmanburg Police Station, funded by the Norwegian government, UNDP, and the UN Mission in Liberia. The police station is particularly significant because has helped to strengthen the LNP’s ability to deal with vulnerable groups through its women and children protection unit, which will address issues relating to the welfare of women and children, especially rape and other forms of gender-based violence.
9/10/08. “Effecting Policing Crucial to Rule of Law in Liberia, says UNDP Country Director.” African Press Organization.
http://appablog.wordpress.com/2008/09/10/liberia-effective-policing-crucial-to-rule-of-law-in-liberia-says-undp-country-director/

Monday, Sept. 8, 2008
India: In a recent seminar on policing and rule of law conducted in India, participants in the legal field were asked what would they do if they had a complaint revealing a crime and if the suspect is a police officer. Almost all of them responded by suggesting extra-judicial or procedural measures like approaching human rights NGO’s, talking to a local politician and even approaching the United Nations. None of them however, suggested filing a complaint at the nearest police station. This demonstrates how the impunity police officers enjoy is a hindrance to the country’s attempts to improve the rule of law in India. This seminar was prompted after the public allegation that a police officer molested a girl who had sought asylum in a refugee camp after a recent flood. The officer was arrested by the Director General of Police stated that his arrest was prompted by unrelated incidents.
9/8/08, “Police- India’s Obstacle to Law and Order” by Bijo Francis. UPI Asia Online

Pakistan: Four High Court judges who had been deposed after refusing to swear an oath to Musharraf’s Provisional Constitutional Order, which imposed martial law emergency rule in November of 2007, were reappointed to their posts. The rule of law “movement” in Pakistan was instrumental in getting the judges reinstated and releasing them from jail. This development represents steps Pakistan is taking towards judicial independence and constitutionalism.
9/6/08, “Cherry Picking Again” by Babar Sattar. The News International.

Nigeria: Former Federal Capital Territory (FCT) Minister is alleging that the Senate is violating the rule of law by intimidating the judiciary and disrespecting court orders. El-Rufai is currently in court to stop the Senate from implementing its report on the FCT under his tenure and challenging the decision to ban him from holding public office for 50 years. The report indicted him and demanded that he account for billions of dollars that accrued from the sale of federal government houses in Abuja. While in office, El-Rufai was notorious for ignoring court injunctions banning building demolitions and is widely unpopular
9/7/08, “El-Rufai’s New Found Love for the Rule of Law” by Hassan Abubakar Kontagora. The Daily Triumph

United States: VP Democratic candidate Joe Biden criticized the Bush administration as violating the rule of law through Guantanamo Bay detentions and suggested that the Obama-Biden government would pursue criminal charges against key members of the Bush administration. However, Biden clarified on Fox News Saturday morning that Congress, not the White House, would lead the investigations. Biden, who had previously stated that, “no one, no attorney general, no president—no one is above the law,” assured viewers that charges would not be brought against President Bush.
9/6/08, “Joe Biden: No Plans to Prosecute Bush” by Johanna Neumann. The Los Angeles Times.

Pakistan: Pakistani government begins an inquiry into the deaths of 5 women who were victims of honor killings. One of the suspected men involved is linked to a provincial government official. Critics state that the Pakistan People’s Party are trying to ignore the episode to secure local support for the leader of the party’s bid for reelection last Saturday. While honor killings are illegal and punishable by death, several conservative government officials defend honor killings as “the norm” and do not support punishing offenders. A political analyst and the Human Rights Commission of Pakistan calls this belated inquiry, “[An example of] absolute insensititive to law and rule of law,” and calls the timing suspect due to its proximity to presidential elections.
92/08, “Pakistan Begins Inquiry Into Deaths of 5 Women” by Salaman Masood. The New York Times.