NY Gov. Cuomo Involved in Wide-Scale Discrimination & Civil Rights Atrocities

Civil Rights leader Dr. Martin Luther King Jr. would be outraged that people with disabilities do not have equal access to 911 medical & police services

Dr. King is an inspiration and hero to me, like him, I must be a strong voice to defend the defenseless and speak out against these gross injustices.”

— Michael Carey – Advocate for people with disabilities and their families

ALBANY, NEW YORK, UNITED STATES, April 6, 2018 /EINPresswire.com/ — Civil Rights Leader, Dr. Martin Luther King Jr. fought and was killed for equal rights, yet some of the worst discrimination in civil rights continues in 2018 in New York State because of Governor Andrew Cuomo.

– 1955 – Rosa Parks was denied equal seating on a bus; she refused to relinquish her seat to a white man which was the spark that ignited the Civil Rights Movement that Dr. Martin Luther King Jr. championed.

– 2018 – New York Governor Andrew Cuomo continues to deny equal access to 911 emergency services for 1,000,000 people with disabilities. Cuomo also treats the disabled unequally by denying our most vulnerable their basic constitutional right to equal protections of laws when they are victims of crimes.

"Injustice anywhere is a threat to justice everywhere." – Dr. Martin Luther King Jr.

It is amazing that Gov. Cuomo claims to champion equal rights, but ignores New York State residents with disabilities, the massive Discrimination in Civil rights cannot be any clearer.

Gov. Cuomo's press release on the 50th anniversary of the assassination of MLK makes no mention of the disabled, they are a forgotten group of people and they are victims of horrific discrimination. The number one known reason for what are being called "untimely" deaths, but in all reality, criminally negligent homicides, of people with developmental disabilities is staff NOT calling 911. As Cuomo looks the other way and countless innocent people with disabilities die because they do not get 911 emergency assistance, he continues to do everything possible to hide his civil rights violations and the wide-scale discrimination.

Gov. Cuomo has the nerve to say this in his press release on the 50th anniversary of the assassination of Dr. King;

"We continue to fight against discrimination, inequality …" Then his very last sentence and statement is "The obligation to continue Dr. King's work now, more than ever, rests in our hands." Yet, at the very same time, literally thousands of crimes occurring against the disabled in his mental health care system, including most rapes and deaths, every year disappear and are purposefully kept from local authorities and the courts.

Dr. King would vehemently speak out against this evil to end this horrific discrimination against the disabled. Dr. King is an inspiration and hero to me, like him, I must be a strong voice to defend the defenseless and speak out against these gross injustices.

Governor Cuomo must be investigated by the US Department of Justice Civil Rights Division and Criminal Division for some of the worst civil rights atrocities imaginable, they are likened to war crimes. Numerous federal crimes, along with the civil rights atrocities, corruption and obstruction of justice is believed to be the worst in New York State history.

Michael Carey
The Jonathan Carey Foundation
(518) 852-9377
email us here

The incredible life and tragic preventable death of Jonathan Carey, who was disabled, had autism, was non-verbal & only 13 when he was killed by his caregivers


Source: EIN Presswire

National Council of Juvenile and Family Court Judges Resolves to Eliminate Fines, Fees, and Costs in Juvenile Courts

The NCJFCJ recently passed a resolution addressing to reduce or eliminate the hardships associated with fines, fees, and costs in juvenile courts.

The NCJFCJ implores judges to provide strong leadership to exercise their discretion to alleviate harm, and support youth and their families on pathways to successful and thriving futures.”

— Judge Anthony (Tony) Capizzi

RENO, NEVADA, UNITED STATES, April 5, 2018 /EINPresswire.com/ — (Reno, Nev.) – The National Council of Juvenile and Family Court Judges (NCJFCJ) recently passed a resolution at its 2018 National Conference on Juvenile Justice in San Diego addressing to reduce or eliminate the hardships associated with fines, fees, and costs in juvenile courts.

In 2014, juvenile and family courts handled an estimated 975,000 delinquency cases. With the delinquency caseloads more than doubling since 1960, the NCJFCJ recognizes judges are responsible for ensuring the safety and well-being of children under court jurisdiction while holding them accountable in developmentally appropriate ways.

Juvenile courts across the country routinely impose financial obligations on young people and their families’ bail, fines, fees, costs, and restitution without regard to children’s inability to pay. The failure to pay can result in serious and long-term consequences on children and their families including the pressure to waive their right to counsel, if representation is a financial burden; being pulled deeper in the juvenile justice system for longer periods of time; and the magnification of the disparities of class, race, and ethnicity. All of which are reasons unrelated to public safety and counterproductive to the rehabilitative goals of the juvenile court.

“Our resolution demonstrates NCJFCJ’s call to action for juvenile and family court to work with their courts towards reducing and eliminating fines, fees, and costs by considering a youth and their family’s ability to pay prior to imposing such financial obligations,” said Judge Anthony (Tony) Capizzi, NCJFCJ president. “The NCJFCJ implores judges to provide strong leadership to exercise their discretion to alleviate harm, and support youth and their families on pathways to successful and thriving futures.”

“The Juvenile Law Center applauds the NCJFCJ for encouraging courts to work toward reducing and eliminating fees,” said Susan Vivian Mangold, Esq., executive director, Juvenile Law Center. “We appreciate their critical view of these fines, fees, and costs as disproportionately impacting poor communities, racial and ethnic minorities and their recommendation that no court should detain or order youth to out-of-home placement or extend community supervision solely because of lack of payment.”

The resolution states that the core functions necessary for the nation’s juvenile courts to meet their rehabilitative goals should be fully funded by government revenue and not by revenue generated by fines, fees, and costs. These fines, fees, and costs should never be used for salaries or benefits of official judicial branch employees or operations nor should the revenue be used to evaluate the performance of such employees.

“The resolution also recommends that courts collect detailed data on the imposition of these fines, fees, and costs which will be important to our ongoing work to provide information and eliminate these abusive debts imposed on youth and their families,” said Mangold. “The Juvenile Law Center looks forward to continuing to work with judges in jurisdictions throughout the country to end the imposition of these debts on youth and their families.”

Also, the NCJFCJ supports the use of payment plans for specific cases, and the imposition of reasonable restitution after considering a youth’s ability to pay and encourages courts to provide opportunities for youth to repay restitution through meaningful community services.

“The fines and fees levied in juvenile courts cause lasting harm to children and their families, disproportionately impact youth and families of color, erode trust between courts and the communities they serve, and harm public safety by keeping children entangled in the justice system,” said Mary Ann Scali, executive director, National Juvenile Defender Center.

In addition to the resolution, the NCJFCJ Board of Directors endorsed an accompanying judicial bench card, a partnership with the National Juvenile Defender Center and the State Justice Institute, titled Ensuring Young People Are Not Criminalized for Poverty: Bail, Fees, Fines, Costs, and Restitution in Juvenile Court. The bench card outlines types of financial assessments and obligations youth and families may encounter in juvenile and family court, their impacts, and how judges can address these financial assessments in their courtroom.

“We thank the NCJFCJ for their partnership in developing these new materials. Together, the bench card and accompanying resolution offer judges and courts information and ideas to address the unintended negative consequences of financial sanctions on youth and families, said Scali. “Our hope is that these resources yield strategies to eliminate financial barriers to youth success. Doing so will benefit everyone – children, families, courts, and communities.”

For more NCJFCJ resolutions and policy statements, visit: http://www.ncjfcj.org/about/resolutions-and-policy-statements

About the National Council of Juvenile and Family Court Judges (NCJFCJ):
Founded in 1937, the Reno, Nev.-based National Council of Juvenile and Family Court Judges, is the nation’s oldest judicial membership organization and focused on improving the effectiveness of our nation’s juvenile and family courts. A leader in continuing education opportunities, research, and policy development in the field of juvenile and family justice, the 2,000-member organization is unique in providing practice-based resources to jurisdictions and communities nationwide.

Chrisie Yabu
KPS3
775-686-7437
email us here


Source: EIN Presswire

Oakland Nonprofit, Lincoln, Announces Events Celebrating 135 Years of Strengthening Families, Changing Lives

Hallmark Year Kicks Off April 5 with Public “Cause-Minded Conversation: Equity in Education”

OAKLAND, CA, UNITED STATES, April 5, 2018 /EINPresswire.com/ — Lincoln, a nonprofit headquartered in Oakland, announces a slate of 135th anniversary celebrations with events designed to take a deeper look at pressing issues impacting children and families in educational equity, family strengthening, and well-being supports. Founded in 1883 as the first racially integrated orphanage in Northern California, today Lincoln impacts more than 18,000 children and their families in Alameda and Contra Costa Counties.

The year’s first event – “Cause Minded Conversation: Equity in Education” – kicks off a three-part panel series, the first of which explores the purpose of public schools today and the need to build an education system that provides equitable opportunities for every student despite race or zip code. Historically marginalized students from low socio-economic backgrounds face a widening opportunity gap resulting in Black and Latino students, on average, performing below their white counterparts academically. The panel will discuss the the public education system as a key mechanism for closing the gap and expanding educational opportunities for all students in the classroom and beyond.

“Equity in Education” is a free-to-the-public event on April 5, 2018, 6-7:30pm at the Impact Hub in Oakland that will open with remarks from Lincoln CEO, Christine Stoner-Mertz who will then moderate the panelist discussion and open forum. Panelists include California Assemblymember, Tony Thurmond, District 5, Kyla Johnson-Trammell, Superintendent of Oakland Unified School District, Jeff Duncan-Andrade, Ph.D., Founder of Roses in Concrete Community School in East Oakland, Dr. Macheo Payne, Lincoln Senior Director of Equity & Educational Initiatives, and L. Karen Monroe, Superintendent of Alameda County Office of Education.

“It is more important than ever that students are provided with equitable opportunities to learn and achieve,” said Lincoln Chief Program Officer, Allison Becwar. “Lincoln serves as a partner to school districts, embedding staff in public schools and providing a variety of supports from early childhood consultation, to multi-tiered school-based mental health interventions in K-12 schools, to community-based supports, to summer literacy programs. These services that build school readiness, reduce chronic truancy, and improve educational engagement while supporting school systems in being more culturally responsive and trauma-informed so that students and their families feel welcomed and connected.”

135th Anniversary events include:

April 27, 2018: 4th Annual ROOT community celebration, benefiting Lincoln programs
June 2018: Cause-Minded Conversation: Supporting Families so that Children Thrive
July 2018: Community Tours: Lincoln Programs in Action
September 28, 2018: 1st Annual Lincoln Champions Luncheon Celebrating Extraordinary Achievements in Fields of Education, Family Strengthening, and Well-Being
November 2018: Cause-Minded Conversation: 135 Years of Social Justice

About Lincoln
Founded in 1883 as the first racially integrated orphanage in Northern California, our mission remains timeless: Lincoln disrupts the cycle of poverty and trauma, empowering children and families to build strong futures. Today, Lincoln impacts more than 18,000 children and their families in underserved communities of the greater San Francisco Bay Area through educational engagement, family strengthening, and well-being programs. An innovative approach, providing comprehensive school, community, and family-focused services, combined with a unique team-based delivery and sound fiscal management, has established Lincoln as a leading regional provider of children and family services. With Lincoln, kids meet their academic goals, families get connected to the resources they need and communities expand their capacity to be hubs of support. For more information and stories, visit LincolnFamilies.org.

Kirsten Melton
5102734700
email us here
Lincoln


Source: EIN Presswire

50 Years Later, We Still Need MLK, Jr.’s Call for Economic Justice by the Rev. Jay Lawlor

MLK Memorial Washington, D.C. – Photo credit: Ron Cogswell (Creative Commons License).

An important part of MLK, Jr.'s legacy came in the final years of his life as the Rev. Dr. King increasingly turned his attention toward economic inequality.

We can honor the legacy of the Rev. Dr. Martin Luther King, Jr. by doing all we can to bring about real and lasting economic justice.”

— The Rev. Jay Lawlor

INDIANAPOLIS, IN, US, April 4, 2018 /EINPresswire.com/ — The Rev. Jay Lawlor remembers the Rev. Dr. Martin Luther King, Jr. and MLK, Jr.'s work to end economic inequality.

The Rev. Dr. Martin Luther King, Jr. was assassinated on April 4, 1968. As we remember the tragedy of that day fifty years ago, we also observe MLK, Jr.’s life and legacy. An important part of his legacy came in the final years of his life as the Rev. Dr. King increasingly turned his attention toward economic inequality. At a rally for sanitation workers in Memphis, the Rev. Dr. King remarked, “What does it profit a man to be able to eat an integrated lunch counter if he doesn’t earn enough money to buy a hamburger and a cup of coffee?”

In December 1967, the Rev. Dr. King announced a plan for a new march on Washington. This march was to demand better jobs, better homes, and better education. The Poor People’s Campaign would unite poor African Americans, Native Americans, Latinos, and whites in a movement for economic justice.

Fifty years later, we still need MLK, Jr.’s call for economic justice. The economy does not work equally or equitably for everyone. Decades of reporting on poverty, wage inequality, wealth inequality, disparities based on race and gender, and a shrinking middle class offer ample evidence of economic distress for millions of Americans.

While the unemployment rate for African Americans is at its lowest point in history, African American unemployment is double the white unemployment rate. And African American wages and wealth are still significantly lower than wages and wealth of whites. Contributing factors are massive inequalities in opportunity in the areas of education as well as the mass incarceration of African Americans.

In the spirit and tradition of the 1967-68 campaign, moral leaders today have launched a new Poor People’s Campaign: “The Poor People’s Campaign: A National Call for Moral Revival is uniting tens of thousands of people across the country to challenge the evils of systemic racism, poverty, the war economy, ecological devastation and the nation’s distorted morality.”

Today's Poor People’s Campaign recalls how King and other leaders asked fundamental questions about the inequalities of their day:
"We are called upon to help the discouraged beggars in life’s marketplace. But one day we must come to see that an edifice which produces beggars needs restructuring. It means that questions must be raised. And you see, my friends, when you deal with this you begin to ask the question, ‘Who owns the oil?’ You begin to ask the question, ‘Who owns the iron ore?’ You begin to ask the question, ‘Why is it that people have to pay water bills in a world that’s two-thirds water?’ These are words that must be said."

MLK, Jr. exemplified what would be needed to inspire the movement and end poverty when he said, "I choose to identify with the underprivileged. I choose to identify with the poor. I choose to give my life for the hungry. I choose to give my life for those who have been left out…This is the way I’m going."

Along with the Poor People’s Campaign are America’s Goals for 2030: “A community-based approach to a vibrant economy, opportunity for all, and a healthy natural environment.” Goal 5 of the seven goals is Equal Opportunity for All: Equal pay for equal work regardless of gender or race; End mass incarceration; and Freedom from ethnic and racial profiling for everyone.

We can honor the legacy of the Rev. Dr. Martin Luther King, Jr. by doing all we can to bring about real and lasting economic justice. To do this we need to get involved. Join the Poor People’s Campaign. Pledge to support America’s Goals. Hold our elected officials accountable to pass economic policies which promote justice.

Jay Lawlor
The Rev. Jay Lawlor
317-296-3852
email us here


Source: EIN Presswire

CCHR Calling for the Restoration of Human Rights in the Field of Mental Health

Restoring Human Rights Dignity in the Field of Mental Health

Restoring Human Rights Dignity in the Field of Mental Health

CCHR Florida

The headquarters for CCHR Florida are located in downtown Clearwater

The headquarters for CCHR Florida are located in downtown Clearwater

CCHR unveiled a new exhibit during the spring American Nursing Association Conference calling for the restoration of human rights in the field of mental health.

CCHR is offering free printed copies of educational materials on the dangers associated with antidepressants, antipsychotics and other psychiatric drugs to healthcare professionals across the country.”

— Diane Stein, President CCHR Florida

CLEARWATER, FLORIDA, UNITED STATES, April 4, 2018 /EINPresswire.com/ — The Citizens Commission on Human Rights (CCHR) of Florida, a non-profit mental health watchdog dedicated to investigating and exposing abusive and fraudulent psychiatric practices in the mental health industry, unveiled a new exhibit during the spring American Nursing Association Conference in Kissimmee calling for the restoration of human rights and dignity in the field of mental health.

The annual nationwide conference welcomed over 1,000 nurses to the Gaylord Palms Resort & Convention Center where CCHR Florida’s exhibit showcased its hard hitting message: “Restoring Human Rights Dignity in the Field of Mental Health.” During the 3 day conference, hundreds of nurses approached CCHR’s booth to ask questions, read displays, and take home educational materials which expose the dangers of psychiatric drugs, as well as sexual abuse committed by psychiatrists on patients including children. With the Parkland, FL shooting still fresh in America’s mind — and more accompanying research arising that brings attention to the apparent link between psychotropic drugs and violence [1] — CCHR wasted no time giving nurses valuable information on what is happening today in mental health.

“The nurses we spoke with during this conference all agreed that psychiatric drugs and associated treatments are overused and even abused,” said Diane Stein, President of CCHR Florida.

Even nurses who believed in psychiatric drugging admitted that psychiatric drugs fail to address the root psychological problem in the mentally ill. Moreover, these nurses agreed that due to the laundry list of alarming side effects these dangerous drugs could exacerbate already fragile mental conditions and cause further damage.

CCHR is offering free printed copies of educational materials on the dangers associated with antidepressants, antipsychotics and other psychiatric drugs to nurses, doctors and healthcare professionals across the country. For more information please visit call 727-442-8820 or visit www.cchrflorida.org.

About CCHR: Initially established by the Church of Scientology and renowned psychiatrist Dr. Thomas Szasz in 1969, CCHR’s mission is to eradicate abuses committed under the guise of mental health and enact patient and consumer protections. It was L. Ron Hubbard, the founder of Scientology, who brought the terror of psychiatric imprisonment to the notice of the world. In March 1969, he said, “Thousands and thousands are seized without process of law, every week, over the ‘free world’ tortured, castrated, killed. All in the name of ‘mental health.’” For more information visit, www.cchrflorida.org

Sources:

[1] Psychiatric Drugs: Create Violence & Suicide
http://www.cchrflorida.org/mental-health-watchdog-releases-new-report-link-psychotropic-drugs-school-mass-shootings/

Diane Stein
Citizens Commission on Human Rights of Florida
(727) 422-8820
email us here


Source: EIN Presswire

Enterprise and National Car Rental Defendants for Fraud and Theft Lawsuit in US Federal Court Florida Middle District

Verizon VTEXT David Howe

Verizon VTEXT server provides law enforcement profound evidence and protects crime victim David Howe

FICO Pro Global Credit Czar and Child Protector David Howe of SubscriberWise

Global Credit Czar and Child Protector David Howe

SubscriberWise founder and crime victim David Howe travels to U.S. Federal Court to seek compensatory justice including punitive damages

The level of stress, anger, and frustration — along with an exorbitant amount of travel, time, and money pursuing justice has indeed been exhaustive.”

— David Howe, crime victim and survior

FORT MYERS, FL, UNITED STATES OF AMERICA, April 4, 2018 /EINPresswire.com/ — SubscriberWise, the nation’s largest issuing CRA for the communications industry and the leading protector of children victimized by identity fraud, announced today the federal lawsuit against Enterprise Holdings, Inc. and National Car Rental for fraud and theft by company president and founder David Howe. The case was filed on April 3, 2018, in the United States District Court for the Florida Middle District, Fort Myers, FL (Case 2:18CV218).

According to Howe, the civil action follows a predatory encounter at the National Car Rental agency located on the property of the Southwest Florida Fort Myers International Airport. The encounter involved a financial extortion attempt for vehicle damage that was subsequently caused after Howe left the airport. The vehicle was intentionally damaged after Howe terminated the rental at RSW. The subsequent damage was a scheme to create the appearance of a legitimate damage claim. The new damage was then photographed and inserted into a PDF which was ultimately used to justify the rental agency's demand for credit card and insurance information to collect more than $500.00 for the fraudulent claim.

Related: U.S. Credit Czar and SubscriberWise Founder David Howe Alerts FL AG Pam Bondi of National Car Rental Damage Recovery Scam at Fort Myers International Airport: https://www.businesswire.com/news/home/20161212006296/en/U.S.-Credit-Czar-SubscriberWise-Founder-David-Howe

Weeks later — on the very same day the Lee County Port Authority police launched its criminal investigation — the money demand abruptly ended and National Car Rental Management retreated to their usual mantra of ‘human error’ to explain their outrageous behavior and negligence.

Related: Enterprise Holdings’ National Car Rental Admits Mistake after Mistake to Lee County Port Authority Police Following Predatory Pursuit, SubscriberWise confirms: https://www.businesswire.com/news/home/20171201005759/en

“This day has been a long time in waiting,” said David Howe, National Car Rental crime victim and survivor. “But I know that there’s no certainty and there’s no guarantee as it relates to the outcome of this case. However, regardless of the final disposition, reflecting on the opportunity to present the undeniable and comprehensive evidence to a jury of my peers has remained a source of empowerment and motivation.

Related: Verizon VTEXT Server Technology Instrumental for National Car Rental Crime Victim and U.S. Credit Czar David Howe: https://www.einpresswire.com/article/358354722/verizon-vtext-server-technology-instrumental-for-national-car-rental-crime-victim-and-u-s-credit-czar-david-howe

“And make no mistake,” Howe continued. “I’ve been dotting my ‘I’s’ and crossing my ‘T’s’ with every detail of this fraud over the past year-and-a-half and must again publicly acknowledge and thank Florida Attorney General Pam Bondi, including Director Victoria Butler and the Senior Investigators at the FL AG’s office, as well as Senator Marco Rubio and his legislative staff, for allowing me to present the systematic evidence of the crime — along with a number of detailed suggestions to protect our citizens. These meetings, to be sure, were also therapeutic and extremely important on the recovery road that I’ve been navigating for the past many months.

Related: Enterprise Holdings Fraud Victim Travels to Capitol Hill to U.S. Senator Marco Rubio’s Office to Discuss Legislative Changes for Rental Car Industry: https://www.businesswire.com/news/home/20170318005007/en

“Yes, the pursuit of justice has proved a critical component on the long road to healing,” Howe added. “The level of stress, anger, and frustration — along with an exorbitant amount of travel, time, and money pursuing justice has indeed been exhaustive. But through this federal civil filing today, I can finally look forward to the conclusion of this malicious behavior exacted by Enterprise’s National Car Rental on October 29, 2016.

Related: Uber Dependence Intensifies for U.S. Credit Czar Howe following National Car Rental Predatory Encounter: http://www.todayintravel.com/2017/03/05/uber-dependence-intensifies-for-u-s-credit-czar-howe-following-national-car-rental-predatory-encounter/

“As was stated in the complaint to the federal court today, in addition to the desire of being made whole through the United States civil justice system, the goal of the litigation is to help other victims of the rental-rip off encounter,” Howe concluded. “Of course it’s also my sincere goal to use this injustice as a motivator for lawmakers to implement uniform and predictable standards that will better protect innocent victims from future fraud, civil conspiracy, felonious intent, breach of contract and the breach of the implied covenant of good faith and fair dealing.”

Related: National Car Rental Fraud Victim Discusses Crime and Consumer Protections with U.S. Senator Rubio’s Office: https://www.businesswire.com/news/home/20170309006404/en

About SubscriberWise

By incorporating years of communications performance data and decision models, including FICO's latest analytic technology (FICO 9 Score), SubscriberWise® delivers unprecedented predictive power with a fully compliant, score driven decision management system.

SubscriberWise is a U.S.A. federally registered trademark of the SubscriberWise Limited Liability Co.

Media Relations
SubscriberWise
330-880-4848 x137
email us here

See the ‘wear & tear’ that National Car Rental RSW used to initiate a fraudulent claim. After Howe left, the vehicle was damaged to create a legitimate claim.


Source: EIN Presswire

MLK Assassinated 50 Years Ago Today & Horrific Civil Rights Atrocities Continue

Civil Rights Leader, Dr. Martin Luther King Jr. fought and was killed for equal rights, yet some of the worst discrimination in civil rights continues in 2018

Injustice anywhere is a threat to justice everywhere.”

— Dr. Martin Luther King Jr.

ALBANY, NEW YORK, UNITED STATES, April 4, 2018 /EINPresswire.com/ — 1955 – Rosa Parks was denied equal seating on a bus; she refused to relinquish her seat to a white man which was the spark that ignited the Civil Rights Movement that Dr. Martin Luther King Jr. championed.

2018 – New York Governor Andrew Cuomo denies equal access to 911 emergency services for 1,000,000 people with disabilities.

Injustice anywhere is a threat to justice everywhere. – Dr. Martin Luther King Jr.

Michael Carey
The Jonathan Carey Foundation
(518) 852-9377
email us here

The incredible life and tragic preventable death of Jonathan Carey, who was disabled, had autism, was non-verbal & only 13 when he was killed by his caregivers


Source: EIN Presswire

Sri Lanka Continues to Deceive UN Human Rights Council : TGTE’s Response to the Statement by Sri Lankan Foreign Minister

The Elephant in the Room in Foreign Minister’s speech was the Complete Omission of Accountability.

We call upon the Tamil Disapora to provide the necessary evidence to the Attorneys General Departments in their respective host countries to bring prosecutions under Universal Jurisdiction.”

— Visuvanathan Rudrakumaran

GENEVA, SWITZERLAND, April 4, 2018 /EINPresswire.com/ —

Executive Summary

The Transnational Government of Tamil Eelam (TGTE) issued a response to the Sri Lanka Foreign Minister’s address to the 37th Session of the UN Human Rights Council, as it has been doing since 2015.

In the response, the TGTE first addressed the Sri Lankan Foreign Minister’s stated “achievements” and pointed out the corresponding facts on the ground in relation to each of those. The response demonstrates that the Foreign Minister’s speech was marked by duplicity and a number of promises yet again, in addition to the promises made in the Universal Periodic Review. It is the opinion of the TGTE that if words of commitment are diplomacy’s currency, then the international community must finally come to terms with the fact that the Sri Lanka’s diplomatic currency has been grossly devalued to the point of approaching bankruptcy. The Response points out that the elephant in the room in Foreign Minister’s speech was the complete omission of accountability.

The Response notes that UNHRC adopted a resolution on Myanmar on the same year (2015) it adopted the Resolution 30/1 on Sri Lanka. Noting the Rohingya ethnic cleansing acknowledged by the High Commissioner, the Response issues a sober warning on the consequences of failure to change the tack with respect to impunity in Sri Lanka, as already demonstrated by the continuing sexual violence and torture against Tamils and the recent communal violence against the Muslims.

Emphasizing that the state of Sri Lanka, a vessel of Sinhala extremism, will never mete out justice for Tamil victims, the Response states that the referral to the UN Security Council with recommendation to refer it to International Criminal Court as an immediate need. The Response also points out that this suggestion is not made lightly. The Response notes the Code of Conduct proposed by the Accountability, Coherence and Transparency Group (ACT) calling the member states restrain the use of veto with respect to war crimes and crimes against humanity and genocide. It also notes the UN High Commissioner’s suggestion for a special court with support of international practitioners in response to Sri Lanka’s failure to demonstrate willingness and capacity to engage in accountability process. TGTE notes the above two developments as giving an impetus to the call for referral to the ICC.

Therefore, the HRC should refer Sri Lanka’s failure to provide accountability for atrocity crimes to the Security Council, with the recommendation that the Council refer Sri Lanka to the International Criminal Court (ICC) as it did with respect to North Korea. The HRC must continue to be seized with the implementation of Resolution 30/1 and 34/1, including recommending to member states that they impose calibrated sanctions corresponding to progress on implementation of the commitments Sri Lanka made in those Resolutions.

TGTE emphasizes here that the transitional justice in the form internationalized adjudication will contribute to level the playing field between the Tamil victims and the state of Sri Lanka, the warhead of Sinhala dominance with respect to fourth pillar of transnational justice, namely, non-recurrence.
While pointing out that historically it was grassroots movements, civil society, media, academic and practitioners who were the pioneers, and not the States in human rights law, the Response calls on the large and politically active Tamil diaspora in various countries, along with civil society in those respective countries, to convince the host states to reason and move forward to refer Sri Lanka to the Security Council with the recommendation to refer it to the ICC. It also urges the Tamil Diaspora and the civil society to submit the necessary evidence to the Attorney-General department of the host countries to initiate prosecution under Universal Jurisdiction.The Response concludes by calling for strategic vision, unwavering commitment with passion and coordinated action by the Tamil Nation.

TGTE issued a Mid-term Report Card on Sri Lanka’s Implementation of its Commitments to UN Human Rights Council: Here is the Link: https://world.einnews.com/pr_news/437749857/mid-term-report-card-on-sri-lanka-s-implementation-of-its-commitments-to-un-human-rights-council-tgte

BELOW, PLEASE FIND THE FULL TEXT OF THE RESPONSE: Link to Full Text: http://tgte-us.org/TGTE_Rebuttal_5%20.pdf

Sri Lanka Continues to Deceive UN Human Rights Council:Referral to ICC Neither Radical Nor an Illusion

The Statement of the Foreign Minister of Sri Lanka, Mr. Tilak Marapana’s address to the 37th Session of the UN Human Rights Council (HRC) is the latest actin Sri Lanka’s persistent refusal to provide accountability for serious crimes during and after the armed conflict that ended in 2009. It also indicates a repudiation of its assurance to the international community that such crimes do not take place again.

As demonstrated by the statements of UN High Commissioner for Human Rights,ZeidRa'ad Al Hussein, and Deputy High Commissioner Kate Gilmore, along with the observations and statements of member states, the international community has become aware of Sri Lanka’s deceptive acts. It would be of benefit to the international community if the Tamils also set the record straight.

The Foreign Minister’s statement cites progress made from the time Resolution 30/1 was adopted in September 2015. Reviews of progress are usually made from one HRC session to another, or from one year to another, which in this case should have covered the period of March 2017 to March 2018. But for Sri Lanka, ‘progress’ on justice, accountability and reconciliation is so poor that the Foreign Minister must begin from September 2015,when the Resolution was adopted, in order to include the so-called ‘achievements’, meager changes in relation to the mountain of expectations of the HRC. Little wonder that the OHCHR reports asserted that progress in Sri Lanka now is ‘virtually stalled.’

The Foreign Minister very conveniently avoided referring to the setting up of special courts and the participation of international judges and prosecutors to investigate war crimes, crimes against humanity and genocide committed by Sri Lankan state against Tamil civilians.

This document contains TGTE’s comprehensive response to the ‘achievements’ cited by the Foreign Minister as an attempt to set the records straight.

STATED "ACHIEEMENTS" BY SRI LANKA AND CORRESPONDING FACTS:

1) The Sri Lankan Foreign Minister stated:

"In September 2017 the President formally operationalised the permanent Office on Missing Persons (OMP)"

TGTE's Response: As we stated in our Mid-Term Report Card, the OMP is in our view an institution created purely to pretend to the International Community that action is being taken. The establishment of the OMP should be viewed in the context of comments made by Prime Minister Wickramasinghe in 2015, stating that most of the disappeared were dead, without any reference to how, when and where he received that information. In 2016, the Prime Minister also said that ‘most of the disappeared’ had gone abroad. The obvious question then is what purpose does the establishment of the OMP served if the Prime Minister already knew what happened to the disappeared.

The OMP is contrary to the spirit of Resolution 30/1 since no foreign judges or foreign experts have been appointed. As the Tamil Civil Society Forum pointed out, “without international involvement in the OMP, it will be extremely difficult for the victims to place faith in the institution… It is difficult to conceive how the OMP made exclusively of Sri Lankans in the current power imbalance will have the moral and practical courage to enter camps and prisons and properly investigate alleged acts of disappearances.”

Tamil victims were not consulted in setting up of the OMP, there is no link to a judicial process, there is no mandate to inform families of its findings, and there is no ability to solicit funding or expertise from abroad.

2) The Sri Lankan Foreign Minister stated:

"Over 70% of private land, which had been with the security forces during the conflict period has now been released to be given to their original and rightful owners"

TGTE's Response: No official statistics is available on how much land has been returned, although we know that 70% is a gross exaggeration. This alone is a black mark, in our view, for aGovernment that does not maintain official public records.

The Special Rapporteur on Transitional Justice, Pablo de Greiff, after a visit to Sri Lanka noted in his statement on October 27, 2017 that “although some of the land occupied by the Armed Forces, in some cases for decades, has been returned, the lack of clarity and comprehensiveness in the process – a process in which the Armed Forces are both a party and the Judge (they seem to solely determine which pieces of land are returned and when) has serious consequences from a developmental standpoint.”

Pablo de Greiff recommended: “Carry out a comprehensive mapping of land occupied by the military and land recently released and produce a strategy with deadlines for release and plans for compensation of those areas that will not be returned; consider establishing a procedure that does not make the Armed Forces the sole voice in deciding this question.”
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22274&LangID=E

The claim of “return of 70% of the land” intentionally obscures the difference between what Tamils want and what the Sri Lankan State is willing to give. Speaking of “returning the land” does not speak about the obstacles families experience in returning to their land and restarting life after having all their belongings and capital destroyed by that same military. The military still prevents or restricts access to fishermen; it runs farms in MullaithivuandKilinochchidistricts, the produce of which influences the selling price of rice impacting on local livelihoods;it runs everything from tea kiosks to hotels thereby reaping economic benefits from the land it occupies. All this is glossed over when the Foreign Minister speaks about “returning 70% of the land.”

An example of the economic impact of land and sea being under the control of the Sri Lankan Military and its effect on the economy and livelihood of the Tamil people is the protest by fishing families in Kilinochchi and Mullaithivu on Feb 27, 2018 asking for the return of their land, reported by the State-run Daily News at http://www.dailynews.lk/2018/03/01/local/144256/march-return-land

Pablo de Greiff’s recommendations on this point were, “Move to terminate military involvement in commercial activities and reduce military presence in those areas, such as the Northern and Eastern provinces.”

Although 133 acres in Keppapilavu were finally returned by the Sri Lankan Air Force after almost a year of protests by the families, much more remains to be released. There were side events held in Geneva at the HRC Sessions earlier this month at which some of the Keppapilavu activists also participated.

There is vast acreage occupied by the Sri Lankan Army in Valigamam, Jaffna which remains as a High Security Zone, of which only bits and pieces have been given back.

Land in Muttur, Trincomalee District, taken over as part of Economic Development Zone from private citizens, have been returned only in part.

It is also to be noted that the Deputy High Commissioner of the HRC, in her report, used the term “land-grab” to denote military occupied lands in North-Esatern Sri Lanka.

3) The Sri Lankan Foreign Minister stated:

"The public is already benefitting from the Right to Information Act (RTI) which was operationalised in February 2017"

TGTE's Response: The Right to Information Act (RTI) was certified on August 4, 2016. Although under the Act all ministries, government departments, public corporations, local government bodies, NGOs substantially funded by the government, higher education institutions and courts should provide public information and keep records of their activities to provide such information, there are a number of areas where they are statutorily empowered to withhold information. These include areas where the information sought “is personal and of no public interest, involves medical records, concerns matters of state, defence or confidential matters related to international agreements, could harm the economy of Sri Lanka, reveals trade secrets, includes communication between professionals and public officials that should not be disclosed, could hinder crime detection, would result in contempt of court, would infringe parliamentary privilege, or would damage the integrity of examinations.” This means nearly everything of any importance remains in the category of not to be disclosed despite the RTI!
Link: http://www.loc.gov/law/foreign-news/article/sri-lanka-right-to-information-legislation-considered/

The RTI’s practical application for the victims was tested when a family member of the disappeared tried to use the RTI to get information on a missing relative. They told the Hindu, “[t]here was no convincing response.” They said they had to educate officials on the RTI and complained the officials were “insensitive.” Link: http://www.thehindu.com/news/international/Batticaloa-women-take-RTI-route-to-seek-details-on-loved-ones/article17198324.ece

The OMP Act specifically stresses that the confidentiality of information given to the OMP cannot be challenged by using RTI: “The provisions of the Right to Information Act, No. 12 of 2016, shall not apply with regard to such information” (Part III Clause 15). Therefore, although the law sounds great in its practical aspects, in its application to victims’ human rights concerns it has serious restrictions.

4) The Sri Lankan Foreign Minister stated:

"Demonstrating its firm commitment to a zero-tolerance policy on torture, Sri Lanka acceded to the Optional Protocol to the Convention against Torture in December 2017"

TGTE's Response: The Optional Protocol itself only facilitates international and national visits by independent bodies to places of detention to see if torture is taking place and all information on detainees is to be made available to them. Whether this in itself will prevent torture is questionable since Sri Lanka signed CAT in the 1990s and, despite periodic reviews by the CAT Committee and visits by the Special Rapporteur on Torture in the past, torture has continued unabated.

5) The Sri Lankan Foreign Minister stated:

"The Cabinet of Ministers, on 6 March 2018, approved the formulation of legislation by the Legal Draftsman, for the establishment of an Office for Reparations"

TGTE's Response: As the High Commissioner (HCHR) has stated in his Jan. 25, 2018 report, no such legislation has even been introduced. HCHR also stated that reparations must be accompanied by an acknowledgment of responsibility. The President and the Prime Minister of Sri Lanka have repeatedly said that no war crimes have been committed.

6) The Sri Lankan Foreign Minister stated:

"Legislation to give effect to the International Convention for the Protection of All Persons from Enforced Disappearance was passed by the Parliament on 7 March"

TGTE's Response:

Sri Lanka Law on Disappearance-NOT retrospective
HRW Report on Sri Lanka – 2018 (Events of 2017)

Despite a presidential pledge to release names of people in government custody, particularly those forcibly disappeared since the war’s final months in 2009, the list was not produced. The government enacted a law to give effect to the International Convention for the Protection of All Persons from Enforced Disappearance, but made clear that the law would not be retroactive.

Although it was made law, there are number of practical restrictions including that it will not have retroactive effect. Besides, even if it is legally enforceable in the future, the lack of political will to see it operational is evident in the way the law was passed in Parliament. The legislation was passed by a majority of 37 votes: 53 for 16 against. There were 156 members absent at the time of voting. This brings into question how legitimate the law is and if governments of the future will have political will to implement its provisions. Link: http://www.dailynews.lk/2018/03/08/political/144963/bill-protection-against-enforced-disappearances-passed-without?page=9

In an associated matter, when the Sri Lankan Government acceded to the International Convention, it did not recognise the competence of the Committee on Enforced Disappearances to receive and consider individual communications. Link: http://imadr.org/enforced-disappearances-srilanka-hrc36-2017-ws/

7) Sri Lankan Foreign Minister stated:

"Demonstrating our firm commitment to reconciliation and ensuring non-recurrence, Sri Lanka acceded to the Ottawa and Oslo Conventions (Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction and the Convention on Cluster Munitions) on 13 December 2017 and 1 March 2018 respectively"

TGTE's Response: Although Sri Lanka’s accession to these Conventions is to be welcome, there is no mention of the thousands of innocents who were maimed by the use of these landmines and cluster munitions, particularly during the final phase of the armed conflict or about their care.

8) The Sri Lankan Foreign Minister stated:

"Continuing its active engagement with the Special Procedures"

TGTE's Response: Meetings have been held. However the recommendations of the OHCHR and Rapporteurs have not been carried out.

9) The Sri Lankan Foreign Minister stated:

"The Prevention of Terrorism Act is proposed to be repealed and replaced with a counter-terrorism law"

TGTE's Response: The Prevention of Terrorism Act (PTA), which primarily targets Tamils, has not been repealed. The draft legislation submitted by Government of Sri Lanka has been heavily criticized by civil society as being more draconian than the PTA.

10) The Sri Lankan Foreign Minister stated:

"For the effective implementation of the National Human Rights Action Plan 2017-2021, a three-tier mechanism was established in December 2017"

TGTE's Response: What is being referred to here is adocument which is no more than a compendium of intentions. Over the years Sri Lanka has established itself as being rich in declaring its plans, but rather poor in keeping its word and in follow up implementation.The promises made in relation to implementationof Resolution 30/1 and how they have not been followed through stand out as classic Sri Lankan performance. So, why should anyone believe any part or whole of this initiative? Furthermore, there is no mention of international judges or hybrid court in the Plan, all of which go against the demands of Tamil victims and those by the international community, including what is in Resolution 30/1 and the 2015 OISL report.

11) The Sri Lankan Foreign Minister stated:

"Sri Lanka participated in the 3rd cycle of the Universal Periodic Review in November 2017, and its report was adopted on 19 March"

TGTE's Response: Every country in the UN including North Korea participates in Universal Periodic Review (UPR). Considering the participation in the Universal Periodic Review as an achievement for his country demonstrates the stark reality of the Foreign Minister not having much progress to report. It should be noted that during the review 178 specific recommendations towards improvement were made to Sri Lanka.

12) The Sri Lankan Foreign Minister stated:

"The draft legislation on a Truth and Reconciliation Commission, taking into account relevant recommendations made by the Consultation Task Force, is now in an advanced stage"

TGTE's Response: The fact of the matter is that a Truth Commission has not been established yet, even 3 years after Res. 30/1, and absolutely no information about it has been made public.

The Sri Lankan Government’s Foreign Minister’s speech is distinguished by the promises made to the Human Rights Council. Not only did the Sri Lankan Government make promises in the speech, but also in the UPR. It is the opinion of the TGTE that if words of commitment are diplomacy’s currency, then the international community must finally come to terms with the fact that the Government of Sri Lanka’s diplomatic currency has been grossly devalued to the point of approaching bankruptcy.

The International Community need look no further than current crisis in Myanmar-what the UN High Commissioner for Human Rights ZeidRa’ad Al Hussein called a “textbook example of ethnic cleansing”-to be reminded of the grave cost of overestimating a government’s promises, underestimating the risk of crisis escalation, and delaying making necessary changes in strategy.

As the HRC did with Sri Lanka in 2015, it also addressed human rights violations committed by the Government of Myanmar the same year (A/HRC/RES/29/21). Within 1.5 years of that resolution being adopted, in July 2015, the concerns expressed within Resolution 29/21spiraled into grave breaches of international human rights law and into an international humanitarian crisis detailed in Resolution S-27/1.

The parallels between the current states of persecution in the two countries, Sri Lanka and Myanmar, is harrowing at a minimum. The more accurate assessment is that the recent ongoing situation in Myanmar is a sober warning of the consequences of inaction on the current situation in the island of Sri Lanka, particularly with regard to ongoing sexual violence and torture against the Tamils and the communal violence against the Muslims.

OMISSION IN THE FOREIGN MINISTER'S SPEECH:

While the Sri Lankan government mentioned its “achievements,” the complete omission of the accountability process in the speech is the elephant in the room.

Not only did the Foreign Minister omit to mention accountability, the Sri Lankan Government has brazenly repudiated its commitment to the Human Rights Council with respect to accountability. Evidence that the Government of Sri Lanka is unwilling to hold perpetrators accountable includes, but not limited to, the fact that in Sri Lanka members of government retain their political positions (i) despite credible evidence of culpability in the atrocity of crimes committed during the Sri Lankan Civil War, and (ii) after public exhibitions of abuse of power. For example, on March 23, 2017—the same day that the HRC adopted Resolution 34/1 to extend Sri Lanka’s timeline for implementing the transitional justice mechanisms outlined in Resolution 30/1—President Sirisena promoted Major-General Shavendra Silva, commander of a unit allegedly implicated in war crimes during the final stages of the conflict, to Chief Administrative Officer of the Army. Then, only a few months later, in September 2017, President Sirisena made the revealing and infamous statement, “I state very clearly that I will not allow anyone in the world to touch JagathJayasuriya or any other military chief or any war hero in this country.”The manner in which the President made this statement, while addressing a convention involving the army, makes it amply clear that for him subservience to the Sri Lankan armed forces ranks higher than a commitment to justice, despite whatever he or members of his government say, or whatever resolutions they claim to support when in the presence of fellow Member States.

It is to be noted further that under the current Sri Lankan dispensation, at present Muslims are also under systematic attack and mob violence.In early March 2018,Sinhala Buddhist mobs attacked dozens of Muslim businesses and houses, and at least one mosque in the central district of Kandy. At least one person was killed and many injured.

What this goes to show is simply is the fact that Sri Lanka remains completely unreformed as far as the administration’s attitude towards nations and nationalities in the country are concerned– they are to be relegated to the status of second-class citizens and kept in perpetual fear, anxiety and being dispossessed of their basic human rights. After the genocide carried out against the Tamils, it seems that it is the turn of the Muslims of Sri Lanka to bear the brunt of the country’s racist policies.

There is a lesson here for the international community also, in that, weak and ineffective steps to ensure justice for the Tamils will only embolden Sri Lanka to continue with its atrocities against both the Tamils and the Muslims. It is time for the world to step in and stop this injustice.

WAY FORWARD:

In light of the total repudiation of Sri Lanka’s commitment to the HRC outlined above, what the international community must reckon with now is the fact that Sri Lanka will never deliver on its commitments made to fellow UN member states to hold the perpetrators of atrocious international crimes accountable.

Therefore, the situation in Sri Lanka must be referred to the Security Council without delay so that the Council may exercise its Chapter VII powers outlined by the UN Charter and refer the Sri Lankan situation to the ICC, which now remains as the only forum capable of bringing an end to the institutionalized impunity in Sri Lanka and its threat to international peace and security.

It is said in some quarters that the states on the UN Security Council (UNSC) may not support the above initiative. We wish to emphasize here that the history and the evolution of human rights law and transnational justice demonstrate that it was the people and not the states who are initiators of human rights law. For example, the establishment of the International Criminal Court or the transnational justice mechanisms in Latin American countries were not initiated by the states, they were initiated by the people. States were the followers of people power.

Moreover, TGTE also believes that the initiatives introduced in the Security Council recently are conducive to the referral of Sri Lanka to the ICC. On October 23, 2015—exactly 9 days after the adoption of Resolution 30/1—the Accountability, Coherence and Transparency Group (ACT) launched its code of conduct, calling on Member States to “pledge to support timely and decisive action” by the Security Council when it comes to resolutions aimed at preventing and ending war crimes, crimes against humanity and genocide. States that commit to the pledge agree not to vote against credible draft resolutions intended to end or prevent atrocity crimes. When ACT first convened a ministerial-level presentation of the code at the UN headquarters on October 1, 2015, 56 Members States, including two permanent UNSC Members (France and the UK) possessing veto power expressed support. As of February 12, 2018, 115 Member States and 2 Observers have signed on to the code of conduct, more than doubling the initial number of adopters. The notable momentum behind the ACT Group’s Code of Conduct is concerning Member States agreeing not to vote against credible resolutions that seek to prevent or end atrocity crimes.As the High Commissioner for Human Rights pointed out in his opening speech to the HRC, the Security Council recently passed a Resolution calling for cease fire in Syria. The Resolution on Syria, where major powers have conflicted,and geopolitical interests passed without the use of veto,emboldens our call for referral to the ICC. Also, the UN High Commissioner’s explicit call for a special court supported by international practitioners, as a response to Sri Lanka’s failure to demonstrate the willingness or the capacity to address impunity, demonstrates to us that Sri Lanka can be taken up by the Security Council.

LEVELING THE FIELD FOR NON-RECURRENCE:

Transnational justice in the form of international adjudication will contribute to leveling the playing field between the Tamil victims and the Sri Lankan state, the warhead of Sinhala Buddhist dominance. Taking no action towards international adjudication will be a strategic disaster in the struggle to realize the fourth pillar of transnational justice, namely, non-recurrence.

CONCLUSION:

Member States of the UN Human Rights Council should take firm steps to ensure that Sri Lanka fully implements its commitment to UNHRC Resolution 30/1, by March 2009, as stipulated by the Resolution which was cosponsored by Sri Lanka itself.

Therefore, the HRC should refer Sri Lanka’s failure to provide accountability for atrocity crimes to the Security Council, with the recommendation that the Council refer Sri Lanka to the International Criminal Court (ICC) as it did with respect to North Korea. The HRC must continue to be seized with the implementation of Resolution 30/1 and 34/1, including recommending to member states that they impose calibrated sanctions corresponding to progress on implementation of the commitments Sri Lanka made in those Resolutions.

The large and politically active Tamil diaspora, through their determination, dedication, knowledge, and above all, the sheer willpower, can make Governments in their respective countries listen to reason. They will move forward to refer Sri Lanka to the Security Council, with the recommendation to refer it to the ICC.

We call upon the Tamil Disapora to provide the necessary evidence to the Attorneys General Departments in their respective host countries to bring prosecutions under Universal Jurisdiction.

When the grandchildren of today’ Tamil parents ask in the future what they did to advance the wishes of a 1.6 million people who called for referral of Sri Lanka to the ICC, and what was done to take up the UN High Commissioner’s call for a special tribunal supported by international practitioners as a response to Sri Lanka’s unwillingness to engage in accountability process, we may not be able to answer them looking in their eyes, if we fail in this task history has entrusted upon us.

The call of the hour is strategic vision, unwavering commitment with passion, and unified action.

Visuvanathan Rudrakumaran
Prime Minister
Transnational Government of Tamil Eelam (TGTE)

Contact: pmo@tgte.org

Here is the Link to the Full Text: Link: http://tgte-us.org/TGTE_Rebuttal_5%20.pdf

Transnational Government of Tamil Eelam
TGTE
+1-212- 290- 2925
email us here


Source: EIN Presswire

FEDERAL JUDGE ALLOWS LAWSUIT TO PROCEED AGAINST TRUMP BIGOTRY

“A candidate who makes overtly bigoted statements on the campaign trail might be more likely to engage in similarly bigoted action in office.”

To be a decent nation within the norms of common decency and the intent of the US Constitution, we must resist and reject bigotry is all its forms.”

— Ben Mitchell

BELLOWS FALLS, VT, USA, April 3, 2018 /EINPresswire.com/ — BEN MITCHELL for CONGRESS

LETTER TO THE EDITOR, April 3

FEDERAL JUDGE ALLOWS LAWSUIT TO PROCEED AGAINST TRUMP BIGOTRY

TO THE EDITOR:

On March 29, a federal judge rejected the US Justice Department argument that, just because the president repeatedly makes racially and culturally bigoted remarks – like calling Mexicans thugs, animals, and bad hombres – that doesn’t prove his actions against minorities are based on his bigotry.

“Plaintiffs have alleged sufficient facts to raise a plausible inference that the DACA [Deferred Action for Childhood Arrivals] rescission was substantially motivated by unlawful discriminatory purpose,” Judge Nicholas Garaufis wrote in his ruling to allow Batala Vidal v. Baran et.al, a suit against the government’s immigration plans, to go forward

Or to put it in lay terms, the immigrant Dreamers, people who were brought here as children and have grown up as American as you or I, were and very likely still are targets of the president’s vitriolic hatred expressed at the start of his campaigning when he called all Mexican immigrants criminals, drug dealers, rapists, and “some, I assume, are good people.”

Rejecting the Justice Department’s motion to dismiss the case, Judge Garaufis wrote dryly: “Although the use of racial slurs, epithets, or other racially charged language does not violate equal protection per se, it can be evidence that official action was motivated by unlawful discriminatory purposes.” Again, in lay terms that means that when a known bigot does something bigoted, then perhaps his bigoted action is derived from his expressed bigotry. Just maybe.

In February, Judge Garaufis issued an injunction (like one issued earlier in California), preventing the Trump administration from carrying out mass deportations under DACA until the case is tried on its merits. The judge wrote: “One might reasonably infer that a candidate who makes overtly bigoted statements on the campaign trail might be more likely to engage in similarly bigoted action in office.”

Judge Garaufis’s ruling should allow the case to go to trial and be determined by the evidence: “The court does not see why it must or should bury its head in the sand when faced with overt expressions of prejudice. The court is aware of no authority holding that this rule does not apply simply because the speaker is, or is running to be, the President of the United States.”

Bigotry is soul-destroying for everyone, as our bigot-in-chief in the White House demonstrates almost daily. To be a decent nation within the norms of common decency and the intent of the US Constitution, we must resist and reject bigotry is all its forms.

Benjamin L
Committee to Elect Ben Mitchell
802-289-4838
email us here


Source: EIN Presswire