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Posts tagged Governance

Do your rights trump mine?


Vuvuzela supporters are causing a stink — a cacophony? — with their insistence on using the instrument during the World Cup next year. And now Motoaki Inukai wants Fifa to ban the instrument.

I’m no law expert and these are only my personal views but the supporters seem to believe their right to making as loud a noise as possible is an inalienable right. There are few such rights — life, dignity, health, freedom and equality. Inflicting pain and suffering on someone else’s eardrum doesn’t strike me as one of those rights.

Some claim the vuvuzela is uniquely African. Alas, it seems that the instrument is uniquely American and Chinese.

Anyway.

When two rights oppose each other , eg, your right to smoke and my right to clean air, we have a problem. Sure, you’re allowed to smoke. But my right to a clean environment trumps your right to smoke in this instance. My right to quiet enjoyment of my property trumps your right to play doof doof music at any time of day. And my right to clean air trumps your right to wear perfume that constricts my throat.

So why is it that this is not common knowledge? Why are people quick to point out that I’m infringing on their rights? And why the defensiveness? Perhaps it’d be a great idea to go back to Emsie Schoeman’s etiquette guide.

I read a post about perfume in the workplace and one commentor sums it up nicely:

I foresee the same thing happening to fragrance wearers that happened to smokers. At least banning the use in the workplace and using natural deoderizers (baking soda, etc.) and fragrance free cleaning products. Unfortunately we are the ones who are in the forefront of this revolution similar to the suffragettes who fought for the right for women to vote.

South Africa does not have enough legislation to cover those of us who feel our rights are being infringed. Nor are enough people, organisations and companies aware of the problems. All too often, people are told to suck it up; the offender will not change their behaviour(s). This needs to stop. It’s time to recognise that we all need to be more considerate of other people. And sometimes that means forgoing or altering certain of our behaviours or products.

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Political spectrum quiz


My Political Views
I am a center-left moderate social libertarian
Left: 1.86, Libertarian: 2.67

I did this test in January 2009 and it told me I am a center-left moderate social libertarian. I wondered whether my views on these issues had changed…so I took the test again today.

My Political Views
I am a left moderate social libertarian
Left: 6.58, Libertarian: 1.77

It’s a difficult test because you can’t make decisions in a vacuum; context matters. And all our decisions are tainted with bias, whether we’d like to admit it or not. Another factor that makes it difficult is when you want to tick the ‘liberal’ or ‘libertarian’ answer but know that it would be intellectually dishonest to do so. So you remain neutral, for fear of being outed as a ‘conservative’. Yes, even to yourself. Eep.

This test scores you on how you feel over certain civil issues: personal freedom; government and church involvement in everyone’s lives; the economy; and nationalism.

Go take the political spectrum quiz and see how your views had changed since Pol Sci 101. I’m surprised to see that my views have shifted more towards the left. And I’ve always thought of myself as a liberal. Funny, eh?

Tagged with: ,

Voices in favour of marital rape

Marital rape is still legal in the Bahamas, and now there is legislation being proposed that would make marital rape a crime, overturning the current system in which consent to sexual intercourse is presumed in a legal marriage. "Under current Bahamian law, a man can be charged with raping his wife only if the two are in divorce proceedings or living apart."

Most news articles on the story begin thus:
Lawmakers are debating a bill that would make marital rape a crime in the Bahamas...

And even though I'm aware that each piece of legislation has its process, I'm forced to wonder what the opponents of this bill could possibly have to say. But I don't have to look far:
The bill already has caused debate on radio talk shows, with some islanders saying women could file false rape charges as leverage for alimony, child support or custody. Others have said the bill contradicts traditional Christian values.

Once again, women are cast as self-serving Jezebels who abuse the legal system in order to manipulate men. Are we still perpetuating this myth that women will easily subject themselves to rape trials in order to 'get even'? Especially when we know that often, women are made victims a second time by the indignity of some of our court proceedings and the victim-blaming found both within the court and in popular discourse? False charges of rape are sometimes made, as is the case with other crimes, but this is not nearly as common a problem as people seem so eager to believe. And in any event, this is the role of due judicial process: to uncover the truth. Are the opponents of this bill suggesting that we leave thousands of women unprotected from sexual violence on the off chance that some woman gets pissed off and tells a lie? Question marks abound in this paragraph, because i am confused.

And the opposition to the bill on the grounds that it contradicts traditional Christian values just makes me weary. Perhaps if your Christian values allow a man to rape his wife, they have no place in law or society.

I'm also a bit concerned by this:
The proposed law would allow a judge to decide the penalty for marital rape. People currently convicted of rape face a maximum sentence of life in prison.

Because surely the legislation must include some sentencing guidance for presiding judges. The law fairly loses its teeth if someone can be charged with raping a partner and then sentenced to six months community service. If rape in a marriage really is rape, then why the need to go softer on the sentencing? I'd say this is one to keep our eyes on, because the mere existence of legislation does not in itself translate to fair protection under the law.

Virginity scholarships

Salon's Broadsheet today discusses this news of university scholarships being offered to schoolgirls in Biriwa, Sierra Leone who can prove they are virgins. The scheme is aimed at reducing high rates of teenage pregnancy, and is being implemented along with a measure that bans "any schoolboy found guilty of impregnating another student from all educational institutions." Eligibility for the scholarships requires a virginity test administered by a community nurse.

Apart from the fact that a virginity test that examines the presence of an intact hymen is not reliable (a hymen may rupture at any point through regular physical activity and some women are born without them. And I hate that I even have to point all this out in the context of this article), subjecting a young woman to this type of test is grossly invasive and potentially shaming, whatever the result. But further prizing women's virginity and using it as a basis for a reward of education is very problematic. It creates an artificial relationship between the purity of women and their potential for academic attainment. Because even though in this setting, teenage pregnancy may interrupt young people's academic careers, with adequate access to birth control and reproductive health education, sex in itself need not. Even though one may argue that applicants subject themselves to the conditions of the scholarship, we all know the extent to which restrictions in opportunity also mean restrictions in choice, especially in a country with already limited access to education for girls.

And this type of measure also makes no distinction between young people engaging in sexual activity with each other and rape. Victims of rape are of necessity not eligible, so that these schemes not only stigmatize women's sexuality and pregnancy and prize virginity, but punish victims of sexual violence and reinforce the notion that the victim is to blame.

Boys are also being punished for their sexual behaviour, and incredibly, being permanently denied access to education. So while we may want to encourage young people who become pregnant and decide to care for their child to pursue education in order to better provide for themselves and their families, this measure advocates the opposite. It caps the educational attainment and future earning opportunities of boys as a punishment for the 'crime' of impregnating a young woman. I understand the desire to balance the responsibility of child care so that women are not disproportionately affected, but this is not the way to do it, and is essentially counter-productive, since it has the effect of limiting any potential financial transfers of father to mother for the support of the child, whether these transfers be voluntary or facilitated by the State. And if the motivation is to subject teenage fathers to the same 'punishment' as teenage mothers of being kept out of the school system, perhaps the answer is not to punish anyone at all, but to work towards a system that does not convert pregnancy into a lifetime sentence to poverty.

Ah, the crisp smell of fascism in the Italian air

You know what's a completely ingenious, not at all inflammatory, irresponsible idea?

[G]overnment officials said they would go ahead with legislation allowing unarmed citizen patrols to help beef up security in Italian cities and towns. The plan is part of a crackdown by the conservative administration on illegal immigration, which Italians increasingly link to crime.

And we all know what the defence of this lunacy will be, and indeed has been: citizens must qualify according to clear standards; there will be strict guidelines and protocols; this isn't a call to arms for nationalists and racists. Oh. Hang on.

A new vigilante group has been banned from walking the streets because of the similarity between its uniforms and those worn by Mussolini's Fascists in the 1930s.

The Italian National Guard was launched at a news conference over the weekend, sparking outcry from the centre-left opposition, Jewish groups, police unions and others that it evoked Italy's fascist-era paramilitary Black Shirts.

Benito Mussolini's Black Shirts violently attacked communists, socialists and other progressive groups, breaking up strikes and attacking trade union headquarters. Their 1922 march on Rome brought the fascist dictator to power.

[...]

The guard was introduced by the right-wing fringe Italian Social Movement at a Milan party conference during which at least two speakers gave the straight-armed Fascist salute.

[...]

Leaders of the Italian Social Movement said the guard's creation was made possible by the bill [yes, that bill], which must still to be approved by the Senate, leading the center-left opposition to say the case highlighted the danger posed by the plan.

See? It's a perfectly reasonable bill. Nothing at all happening here.

Friday language lessons

MP Mike Gapes is on the news objecting to the fact that Bermuda has agreed to accept and resettle four Chinese Uighurs who, though having been cleared of any charges of terrorism, have been held at Guantánamo Bay for the last 7 years. In the short interview, Gapes is adamant that Bermuda does not have the autonomy to make such arrangements independently of The UK Foreign Office, because it is a British colony, and though in general it operates more independently than its other colonies, remains the property of the UK.

Apparently, no one told Mike that we no longer use the word 'colony', but rather say 'British overseas territory', because colonialism, even though it clearly persists, is now generally frowned upon, what with the centuries of slavery, torture and subjugation that have been involved. 'British overseas territory' is of course fooling no one. But at least it isn't the giant "yeah we don't care that we enslaved you people and still own the lands we dragged you to to work and we killed other people to steal" that 'colony' is.

Just giving you a heads up there, Mike.

Another WTF moment brought to you by the Met Police

Never content to be left out of illegal torture scandal (not that they were), the UK has been accused of waterboarding suspects in police custody.

Metropolitan Police officers subjected suspects to waterboarding, according to allegations at the centre of a major anti-corruption inquiry, The Times has learnt.

The torture claims are part of a wide-ranging investigation which also includes accusations that officers fabricated evidence and stole suspects’ property. It has already led to the abandonment of a drug trial and the suspension of several police officers.

And what was the time-sensitive, immediately dangerous activity that may have warranted (as one theory - not mine - goes) such extreme, atrocious measures?

Police said they found a large amount of cannabis and the suspects were charged with importation of a Class C drug.

Well there's your ticking clock right there.

Other reports call the 'methods' used 'water-based torture', including pushing suspects' heads into buckets of water. But however you term it, according to the accounts given, it is torture and it is illegal. And with the UK's record on human rights not exactly clear, it perhaps comes as no surprise that the line between aiding in the torture of terrorist suspects in far-flung locations and torturing UK criminal suspects has started to break down.

Some notes on the BNP or Look what you made me do!

The sky, moon, stars, a couple pianos and some anvils are falling over at Downing Street. A day before local and European elections, and amidst the colossal and ridiculous MPs' expenses scandal that has taken Hazel Blears as its latest casualty, rogue Labour MPs are seeking to unseat Gordon Brown, and I am about to do something I never expected to do here in this blog: expend even a few words on the BNP.

This article in yesterday's Guardian describes how voter discontent arising from the wanton abuse by MPs of taxpayer-funded expense claims has breathed new life into the nationalist, fascist, racist, xenophobic, misogynist and all-around hateful British National Party - enough life, at least, that it might gain ground in council elections, and even achieve its first European parliamentary representation.

Griffin himself [Nick Griffin, the party's chairman] may be a former National Front member with a conviction for inciting racial hatred, and the veneer of respectability on the party's candidates may be transparently thin, but however noxious or downright laughable the views they and their party associates hold, the truth is that the BNP is the fastest growing political party in modern Britain. Its support has risen sharply in successive elections since 1987, and it already has more than 50 local councillors, as well as Barnbrook's London assembly seat. A study co-authored by Matthew Goodwin, a research fellow at Manchester University who has focused on extreme right political parties, found that BNP's vote at the last European elections, in 2004, was an eightfold increase on 1999 and the largest vote for an ultra-right party in a British election.

Now this is a party one of whose London Assembly candidates Nick Eriksen was withdrawn last year after having been discovered to have written the following on a blog:
"Rape is simply sex. Women enjoy sex, so rape cannot be such a terrible ordeal.

"To suggest that rape, when conducted without violence, is a serious crime is like suggesting that force-feeding a woman chocolate cake is a heinous offence.

"A woman would be more inconvenienced by having her handbag snatched."
This is a party represented in the European Elections by Eddy O'Sullivan, a Salford-based BNP candidate who set his Facebook status to read "Wogs go home", and also wrote:
"They are nice people - oh yeah - but can they not be nice people in the fucking Congo or... bongo land or whatever?" O'Sullivan, who also joined an internet group called "Fuck Islam", denied that the comments were racist and insisted they were made in private conversations between individuals. "I also may have had a drink at the time," he added.
This Guardian article lists several other examples of the party's unapologetic racism. Yet, it seems to be gaining in popularity, and while this may be fuelled by the expenses scandal in the midst of people's recession anxiety, I wonder whether the alleged growing numbers of BNP sympathizers do not share their ideology anyway, but now have more of an excuse to openly show this support, hiding behind the fact of MPs misconduct in order to align themselves where they would really prefer.

Following BNP member Richard Barnbrook on his canvassing rounds in Hornchurch, the Guardian writer notes (emphasis mine):
Three workmen have stopped for a cigarette outside a house in Stanley Road, and are happy to be coaxed into a conversation about immigration by Barnbrook, who is sporting a red, white and blue BNP rosette, a gold party pin and a frankly alarming sand-coloured suit. "All the boys where I am are voting BNP," one of them says. "My mate lives in Chafford," offers his colleague, "and there's 10 Nigerians in the house next to him. Ten! And they are taking all the work. I have had enough."

Ten! They don't even have the decency to spread themselves out or come at the rate of one a year! Now this is blatant anti-immigrant sentiment, and while it might be exacerbated by tough economic times, this kind of intolerance doesn't simply materialize in the minds of otherwise tolerant individuals. Still, even though people who want to persist in their racist hate and ignorance will find a way to do this, Gordon Brown himself and his Labour government, and in fact politicians from all parties, also have themselves to blame if they are losing ground to the BNP. It is Brown's own incendiary "British jobs for British workers" slogan that has been appropriated by the BNP in order to advance its agenda of ridding the country of all 'non-indigenous people', i.e. of creating a White British nation through its 'immigration policy'. And when people see Brown's own slogan being used - to be fair in the right context - by an absurd far right party trying its best to appear mainstream, well, that certainly helps it appear mainstream. After all, it's Brown's slogan and he's currently in power.

The BNP has not become extinct, as it should have by now, because rather than have an open, transparent dialogue on immigration and racism, the mainstream parties have all carried on skipping nervously around the issue, being confronted more and more with blatant and growing intolerance in British communities, but preferring instead to behave as if it doesn't exist. Meanwhile, the media continues to paint immigration as one of the four horsemen of the apocalypse, to sensationalize it by having gulping, wide-eyed anchors fling about uncontextualized statistics and interview politicians who have no clue, no plan and worst of all, no message, and we wonder why this kind of hate is allowed to thrive.

And I feel compelled to remind people not to be fooled by the notion that the BNP represents British interests. The BNP represents the interests of what they call indigenous British people - yes, that means White. From their website:

On current demographic trends, we, the native British people, will be an ethnic minority in our own country within sixty years.

To ensure that this does not happen, and that the British people retain their homeland and identity, we call for an immediate halt to all further immigration, the immediate deportation of criminal and illegal immigrants, and the introduction of a system of voluntary resettlement whereby those immigrants who are legally here will be afforded the opportunity to return to their lands of ethnic origin assisted by a generous financial incentives both for individuals and for the countries in question.

Now since 'British' is not an ethnicity, clearly what they're trying to say is that White people can stay, and everyone else should just go home. I find this important to point out to people like my friend of mixed race who, in conversation the other day, mentioned that 'some of the immigration policies of the BNP are useful'. This was in response to some frustration felt by her and some of her friends that policies meant to offer support to British people were being utilized disproportionately by non-nationals. And I understand that frustration; it indicates a system that might be improved upon, surely. But supporting the BNP, a party that if they had their way would see her shipped off with the rest of the half-breeds, is certainly not the way to go. It's important not to be fooled by these people's weak, transparent attempts to appropriate the votes of the very minorities they stand in active warfare against. This kind of hate does not pack up and go away on its own. It only becomes irrelevant when we, as a nation wholly affected and with unafraid leaders, take a stand to show that we have no use for it.

Harry Reid is confused: Gitmo closure fear and trembling

Reading the news around the Obama administration's failure to secure a Senate vote that would approve the necessary funding for the closure of Guantánamo Bay prison, I have to wonder what everyone is so afraid of. I do believe that the President has to take responsibility for two things that may have contributed to this setback: (i) not having outlined a clear plan for removal and relocation of the 240 detainees; and (ii) sending conflicting messages by his decision to restart the military tribunals. Either you believe that this institution cannot function as it stands and needs to be shut down and replaced with a fairer system of justice, or you don't. Carrying on with the controversial military tribunals even as you solicit government for funds to close the site hosting them, frankly, confuses people.

But the fact that both Republicans and Democrats are running scared from the removal of these prisoners to the US strikes me as a bit odd. What do they think is going to happen? It's almost as if they're ascribing to them some kind of magical power that makes them stronger and unstoppable once they set foot on US soil. And I'd argue that it is this kind of attitude that sends the wrong message to current and potential enemies of the US: that even when government and security forces are in control, the terrorists still freak them out.

And the argument that these people may stand trial, be acquitted and then be released to shop at Whole Foods and visit Disneyland is also a little overwrought. First, we're dealing with different potential outcomes here. A majority of detainees, were they to be acquitted, would be transferred to their own countries, or may be able to be removed for trial on their own soil. Those who are granted domicile in some third country - because of risk of torture in their own countries (there are an estimated 60 or so who have been cleared for release and fit this description; and they're the US's problem now because they snatched them up for questioning in the first place, and have a responsibility not to return them to knowingly dangerous human rights conditions) - have the right to be tried and released, and then monitored under heightened surveillance if warranted. Because if they had been tried and acquitted in the current tribunals, where would they have gone anyway? Would they simply have said "You're free!", let them drift out to sea and hope they just hang out in the open water indefinitely? So there are some people who will be set free (well, who technically are already free but still being detained) and whom the US will have to contend with, most probably by having third countries (rather than the U.S itself) domicile them - since for their own good as well as that of the security of the US, having any of them there is not the best idea. Of course there's also the possibility that the US magically discover that said risk of torture for these prisoners should they be returned home does not exist, and cart them off to places like China and Tunisia anyway, which I think is a damn sight more likely than sending them off to live in Yonkers. But we haven't even gotten there yet. They're right now considering whether the prisoners can be transferred to the US, to be held there. In prisons. With guards. With guns. Harry Reid, judging from his press conference, doesn't seem to get that.

REID: I’m saying that the United States Senate, Democrats and Republicans, do not want terrorists to be released in the United States. That’s very clear.

QUESTION: No one’s talking about releasing them. We’re talking about putting them in prison somewhere in the United States.

REID: Can’t put them in prison unless you release them.

QUESTION: Sir, are you going to clarify that a little bit? …

REID: I can’t make it any more clear than the statement I have given to you. We will never allow terrorists to be released in the United States. [...]

QUESTION: But Senator, Senator, it’s not that you’re not being clear when you say you don’t want them released. But could you say — would you be all right with them being transferred to an American prison?

REID: Not in the United States.

I think one thing this panic indicates is that perhaps the supporters of the Guantánamo prison expected an almost 100% conviction rate at the tribunals, but for some bizarre reason, believe that that rate would be considerably lower were the detainees to be tried in more transparent federal court proceedings that require things like evidence. Or they were relying on legal powers of indefinite detention of suspects without bringing charges. (Incidentally, that power was just granted by a judge.) But even then, aren't we meant to believe that most of the people being held, being made to endure some of the conditions we now know existed, are guilty anyway? We're all meant to think that US intelligence and operations were so efficient in identifying and rounding up the guilty parties and securing evidence (even though only 3 of the over 700 ever detained there have been convicted), that the overwhelming majority of the 240 at Guantánamo are in fact terrorists who will eventually be found to be such, and locked away. Here is the bottomline: you need evidence to convict people. Those are their own rules, no one else's. And it's their responsibility to gather that evidence humanely in order to mount their prosecution. If the evidence is sufficient for conviction, great. If not, then that's the system. But I think that the panic they're trying to create by implying that scores of terrorists will be running the streets if Guantánamo closes is alarmist and disingenuous, and needs to be soundly addressed by the President when he shares the details of his plan for closure.

But beyond what we're meant to assume is a very small minority that might be acquitted and released, even more ridiculous is the idea that those convicted pose some kind of inherent threat simply by their physical presence in the US.

"The concerns we have about individuals who may support terrorism being in the United States run from concerns about providing financing, radicalising others," [Robert] Mueller [FBI Director] said, as well as "the potential for individuals undertaking attacks in the United States".

We know that prisoners are able to maintain networks while in prison; any look at US gang activity will tell us that. But it's not as if these people will be sprinkled among the general population. Prisoners are isolated all the time for a variety of reasons. Assuming a fair judicial process in either location, there is nothing that would obtain at Guantánamo that need not obtain in any other prison facility in the US. Given that there are already 347 convicted terrorists already being successfully held in US prisons (the U.S. has already prosecuted 145 terrorism cases in federal court), and that none of the detainees now at Guantánamo can make things explode with the mere power of suggestion, I don't see what all the squawking is about. Do we really believe that they're going to escape into the night and end up driving the school bus?

I won't deny that there are some real facts here that the President needs to address:

  • 14% of those already released have been re-engaged in terrorist activity. The President believes this was due to a poor system of decision-making on whom to release. We can only wait and see if his measures will prove more successful.
  • Almost a quarter of those currently detained have been cleared of suspicion, not had any charges brought and approved for release. This release is hampered by potential human rights violations in their own countries. Most of these are considered to be at the lowest threat level: essentially, they were out milking the goats and the next thing they knew were being flown off to Cuba.
  • There is some number of those still being held who are most likely guilty of some terrorist activity, but to date cannot be effectively prosecuted. The President is proposing a 'new legal framework' to address these prisoners.
Still, the question before the US government at this time is whether the 240 inmates at Gitmo can be safely removed to the United States pending trial and/or removal to other countries. And the opportunistic fearmongering among some on the Republican side, coupled with the plain confusion among some Democrats, is hampering what should be a no-brainer of a decision: the closure of the embarrassment that is Guantánamo.

Newsclips and quotes

From the Guardian today:
Giving evidence in front of the Commons home affairs select committee, [Sir Paul] Stephenson [Metropolitan police commissioner] said images of officers apparently lashing out at [G20] protesters "were a real concern and should be investigated thoroughly". But he denied the footage showed behaviour that was "incompatible with British policing".

So, yeah it's disturbing, but that's how we roll.