Ius Gentium

University of Baltimore School of Law's Center for International and Comparative Law Fellows discuss international and comparative legal issues


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The Mammary Games: Polarity on Breastfeeding Practices

Bryana Spann

Throughout the 2016 election and into the new administration of the President, women’s rights advocates have further reverberated their platform to let the world know that we matter. On January 21, 2017, millions of people around the world took to the streets voicing their outrage towards the insulting rhetoric of the past election cycle. With dozens of speakers and thousands of signs decrying the police brutality, the defunding of Planned Parenthood, and discrimination against minorities, there seemed to be a missing message: the absolute right to breastfeeding.

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Global Discourse on Breastfeeding

The benefits that come with breastfeeding have been highly regarded within the international community for the past few decades. Groups such as UNICEF and the World Health Organization (WHO) recommend that women breastfeed their child within the first hour of birth and exclusively for the first six months of the child’s life.[1] At six months, soft or semi-solid foods be introduced to complement breastfeeding for up to two years or more.[2] Not only does breastfeeding benefit the child’s health, development and nutrition but it also substantially decreases the chances of child and infant mortality.[3] Optimal breastfeeding is especially important in developing countries that have a high risk of disease coupled with low access to clean water or sanitation. In such conditions, an exclusively breastfed child is 14 times less likely to die in the first six months than a non-breastfed child. [4]

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Despite the benefits that come along with exclusive breastfeeding, it’s simply not a reality for the majority of women. With about 830 million women workers worldwide, less than 40 per cent of the world’s infants are exclusively breastfed at the appropriate time. [5] The WHO, UNICEF, and the International Baby Food Action Network (IBFAN) recently published a joint report, citing the inadequacy of national laws to protect and promote breastfeeding.[6] The report tracks country involvement and adaptation with the International Code of Marketing of Breast-Milk Substitutes (the Code) as part of their membership in the WHO.[7] Generally, the Code is aimed towards, “safe and adequate nutrition for infants, the protection and promotion of breastfeeding, and by ensuring the proper use of breastmilk substitutes, when…necessary, on the basis of adequate information and through appropriate marketing and distribution.” [8] Although 135 countries have in place some form of legal measure related to the Code, only 39 countries have laws that enact most or all of the Code. [9] Most of the implementation of the Code has taken place in developing countries of the “Global South”, where the populations are more susceptible to high rates of infant mortality due to respiratory infection and diarrhea. Some of the most pervasive challenges in implementing the Code include the lack of political will to participate, interference from manufacturers and distributors, as well as the absence of coordination by stakeholders. [10]

Taboos and Attitudes towards the Boobs

Despite the global initiatives by UNICEF, WHO, and IBFAN, there still seems to be cultural taboo against mothers who choose to breastfeed in public. Some of the most important elements to successful exclusive breastfeeding is “on demand” feedings and expressing milk when not around the child.[11] This ensures that adequate milk production is maintained throughout the different stages of breastfeeding. Sadly, this becomes more problematic with the lack of maternity leave, as well as the lack of nursing accommodations at work and public places such as restaurants, shops, and airports.

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In May 2015, Rep. Tammy Duckworth from Illinois introduced the Friendly Airports for Mothers (FAM) Act to the House following her travel experiences with her infant daughter [12]. She realized that many national airports didn’t provide suitable space to breastfeed in airport terminals. The FAM Act would require all major U.S. airport to provide “lactation rooms”, with seating, a table and an electrical outlet. Although 62 per cent of the country’s 100 largest airports considered themselves as “breastfeeding-friendly”, only 8 per cent of them provided suitable breastfeeding accommodations. [13] The mandate would aim to bring privacy, comfort, safety, and convenience to traveling mothers. As of 2017, the bill is still with the House Subcommittee on Aviation. [14]

Just this year, traveling mothers have had their own issues across the pond. Gayathiri Bose, a Singaporean mother of two, was traveling to Paris from Frankfurt Airport when she was confronted by German authorities.[15] She was traveling without her baby, but with her breast pump so that she could regularly express breastmilk. This raised suspicion with a female police officer. According to Ms. Bose, the police officer asked her to prove she was lactating by asking her to manually expressing her breastmilk. The incident proved to be an embarrassing moment for Ms. Bose, who is now seeking legal action following her encounter. A Frankfurt police spokesman has confirmed that Ms. Bose’s breast pump checked as a possible suspected explosive and denies her allegation. Claire Dunn, travelling from London Heathrow airport found herself in similar debacle when she was questioned by two male security guards over her breast pump.[16] She alleges that the men had no idea what the object was and kept asking her why she needed the pump if she wasn’t traveling with her baby. [17] Anisha Turner, who traveled from London to India, also found expressing to be problematic during her flight in December 2016. [18] Turner was traveling without her one year old daughter and was able to find numerous nursing facilities in the Mumbai Airport but was stuck expressing milk in disabled bathroom stall in Heathrow Airport, evidencing the disparities in attitudes between the “Global North” and the Global South” regarding breastfeeding.

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Traveling mothers seem to have an uphill battle when it comes to nursing on the go. As the Women’s March takes its next steps, it’s important that citizens reach out to leaders in the organization to force this issue into the spotlight. Phone calls, letters, and social media have also been great tools in reaching out to congressmen and governors. It’s going to take a more open and frank conversation on breastfeeding, women’s health, and child mortality to educate government officials and society as a whole on an inherent part of motherhood.  

Bryana Spann is a 2L student at the University Of Baltimore School of Law. She completed her undergraduate studies at the College of Charleston, where she majored in International Studies with a Concentration in Asian Studies. She also spent a semester abroad in Shanghai, where she studied subjects such as the Government and Politics of China as well as Chinese Calligraphy. Currently, Bryana is member of the International Law Society, the Black Law Students Association, and Alpha Kappa Alpha Sorority, Inc. having previously served as its Global Impact Chair for the Gamma Xi Omega Chapter. Having worked as a law clerk with the Lake County Public Defender, her interests include international human rights, civil liberties, as well as pro bono criminal defense.

[1] http://www.who.int/features/factfiles/breastfeeding/facts/en/

[2] Id.

[3] https://www.unicef.org/nutrition/index_24824.html

[4]https://www.unicef.org/nutrition/index_breastfeeding.html#2 (citing Black R. et al. ‘Maternal and child undernutrition: global and regional exposures and health consequences’. (Maternal and Child Undernutrition Series 1). The Lancet, vol. 371 No. 9608, January 2008, pp.243-60

[5] https://www.unicef.org/nutrition/index_breastfeeding.html#2

[6] https://www.unicef.org/media/media_91075.html

[7] Id.

[8] http://ibfan.org/the-full-code

[9] https://www.unicef.org/media/media_91075.html

[10] Id.

[11] http://www.who.int/features/factfiles/breastfeeding/facts/en/

[12] http://www.msnbc.com/msnbc/rep-tammy-duckworth-leads-charge-lactation-rooms-airports

[13] Id.

[14] https://www.congress.gov/bill/114th-congress/house-bill/2530/all-info

[15] http://www.bbc.com/news/world-asia-38767588

[16] http://www.bbc.com/news/health-38809100

[17] Id.

 

[18] Id.

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They Who Shall Not Be Named: The Unspoken Situation in Myanmar (Part Deux)

Kia Roberts-Warren

Last semester, I discussed the dire situation of the Rohingya in Myanmar. It seemed like Ms. Aung San Suu Kyi was working to bring a peaceful solution with the Rohingya. The situation seemed hopeful. Yet, here we are once again discussing this situation.

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“Things Have to Get Worse Before They can Get Better?”

On October 9, 2016, the situation escalated, resulting in death. The Harakah Al-Yaqin launched three predawn attacks on three police border posts.[1] One of the posts was the security headquarters; the assault involved several hundred assailants and included planting improvised explosive devices and setting an ambush on the approach road, delaying the arrival of army reinforcements, while the attackers looted the armory.[2] On November 12, 2016, in another encounter, a senior army officer was killed.[3]

The Tatmadew, the Myanmar military, retaliated with a counterinsurgency operation. This operation was disproportionate and failed to distinguish between civilians and combatants.[4] This resulted in about 1,500 buildings being torched in the township of Maungdew, an estimated 65,000 people have fled to Bangladesh as a result.[5] Documentation shows extrajudicial killings, rapes, arbitrary arrests, and beatings by the government security forces.[6] The Tatmadew have also almost entirely sealed off the northern area of Arakan in the Rakhine State.[7] The government has banned the Rohingya from using their boats to fish in order to “prevent insurgents from leaving or entering the country by sea,” leading to many risking their lives on makeshift rafts in order to get food for their families.[8]

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These human rights violations by the Tatmadew have not been handled well by the government. The government has admitted that people have been found dead and that those arrested were suspected members of Harakah Al-Yaqin and their supporters.[9] However, the government’s rebuttal to the human rights abuses have been undesirable. The country’s Attorney General’s office have posted “Fake Rape” on its website to discredit reports that the Tatmadew officers have committed rape.[10] Furthermore, the government has denied accredited journalists and human rights investigators access to verify the abuse.[11] The government formed a special investigative committee led by former General Myint Swe (now Vice President of Myanmar) to look into the October violence. Unsurprisingly, the committee quickly dismissed any and all claims of misbehavior by security forces.[12]

However, a few weeks ago the advisory committee created by Aung San Suu Kyi and headed by Kofi Annan met with Rakhine Buddhists and Rohingya residents from two villages.[13] The Secretary of Kaman National Development Party, Tin Hlaing Win, met with the advisory committee to tell the committee about the Rohingyas losing their rights over the last four years and their wish to return home.[14] The committee told Win that that would submit their demands to the government with their recommendations.[15]

  Over forty Myanmar-based civil society groups issued a statement asking for an independent investigation by the international community to into the human rights abuses by the Tatmadew.[16] Specifically, these groups requests that an investigation  “fully assess the totality of the situation in Rakhine state and provide clear recommendations for the current government to effectively address and prevent further problems in the Rakhine state.”[17] This statement came a day before foreign ministers of the Organization for Islamic Cooperation, an intergovernmental body of 57 member nations, met in Malaysia to discuss the plight of the Rohingya in Rakhine state.[18]

“The Other Side of the Coin: Harakah Al-Yaqin”

Although many Rohingya are peaceful, the October attack was launched by a group of Rohingya that the International Crisis Group has labeled the group as a Muslim insurgency. The group Harakah Al-Yaqin (the Faith Movement) was established after the 2012 riots between Muslims and Buddhists and is currently a group of twenty Rohingya who have experience in modern guerilla warfare and are leading operations in Northern Arakan.[19] A committee of Rohingya emigres based in Mecca oversees Harakah Al-Yaqin.[20] The Harakah Al-Yaqin have obtained fatwas from senior clerics in Saudi Arabia, United Arab Emirates, and Pakistan to enhance its religious legitimacy, backing its cause under Islamic law.[21] The group has spent the last two years training hundreds of local recruits in guerilla warfare and explosives.[22] There are some indications of training and solidarity links with international jihadist organizations, but it is important to distinguish the aims and actions of the Harakah Al-Yaqin – to secure the rights of the Rohingya in Myanmar using insurgency tactics against security forces.[23]

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“Momma is Stepping in”

  As a result of the escalating violence and the actions of the Myanmar government, the United Nations human rights envoy to Myanmar, Yanghee Lee, went on her biannual 12-day visit in January.[24] Lee had discussed with Aung San Suu Kyi the security situation in the northern Rahkine State, the reports of the abuses by the security forces, and the increasing need for humanitarian assistance for people displaced by fighting between the government army and ethnic guerilla groups in war-torn Shan and Kachin states.[25]

Lee also met with Vice President Myint Swe, chairman of the special investigation committee, to question the investigation methods of the committee.[26] This was due to the interim report issued on January 3 that the rape allegations resulted insufficient evidence to take legal action and the accusations of torture, arson, and illegal arrests were still being investigated.[27] Moreover, Lee did not allow the authorities to join her when she visited villages in Maungdaw township to talk to residents.[28] She also met with Rohingya Muslims in adjacent Buthidaung township and visited the local prison there.[29] Yet, reports indicate she was denied access to certain areas.

Lee is to submit a report to the U.N. Human Rights Commission in March.[30]

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“Where Do We Go From Here?”

The situation in Myanmar has left the international community thinking “what now?” Until Yanghee Lee releases her report in March, the advisory committee will continue talks with Rakhine Buddhists and Rohingyas in the Rakhine State. The committee will hopefully foster negotiations between the government and the Rohingya to help them attain such basic rights as citizenship, the right to life, access to government resources, among other rights. Meanwhile, the Rohingya continue to wait and suffer.

Unfortunately, the most complicated part of this situation is the intervention of Islamic countries, which only adds to the tension. These countries do not involve the government of Myanmar government in these conferences. Moreover, neither the UN nor the Myanmar government is addressing such involvement. Yet, the primacy of territorial sovereignty makes interference by other States into Myanmar a precarious situation.

Kia Roberts-Warren is a 3L at UB Law. She is concentrating in international law. Kia graduated from Temple University receiving a BA in East Asian Studies during that time she spent a semester in Tokyo, Japan. Kia has an interest in international trade and human rights. She is also interested in fashion law and art law in the international context. Last year, she held the position of Career Development Director of the International Law Society and participated in the 2016 Philip C. Jessup Moot Court Competition. She recently attended UB’s Aberdeen Summer Abroad Program. 

[1] http://time.com/4601203/burma-myanmar-muslim-insurgency-rohingya/

[2] Id.

[3] Id.

[4] Id.

[5] https://www.nytimes.com/2017/01/16/opinion/the-rohingya-the-ladys-problem-from-hell.html?_r=0

[6] Id.

[7] Id.

[8] http://www.businessmirror.com.ph/banned-boats-myanmar-rohingya-fish-rafts-junk/

[9] https://www.nytimes.com/2017/01/16/opinion/the-rohingya-the-ladys-problem-from-hell.html?_r=0

[10] Id.

[11] Id.

[12] Id.

[13] http://www.rfa.org/english/news/myanmar/un-rights-envoy-meets-with-aung-san-suu-kyi-to-discuss-volatile-rakhine-state-01182017160404.html

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] Id.

[19] http://time.com/4601203/burma-myanmar-muslim-insurgency-rohingya/

[20] Id.

[21] Id.

[22] Id.

[23] Id.

[24] http://www.rfa.org/english/news/myanmar/un-rights-envoy-meets-with-aung-san-suu-kyi-to-discuss-volatile-rakhine-state-01182017160404.html

[25] Id.

[26] Id.

[27] Id.

[28] Id.

[29] Id.

[30] Id.


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All’s Fair in Love and Cyberwar

Elizabeth Hays

A United States drone strikes a car near a gas station in Syria.[1] Inside that car, Junaid Hussain lays lifeless.[2] Though a seemingly normal 21-year-old British man with an education and a wife, Junaid possessed exceptional computer hacking skills and ties to ISIS’s cyber division.[3] Instead of the United States sending a sniper to take out Junaid, a person used his or her trigger finger to direct the drone strike from a computer miles away from the gas station.[4] Throughout history, technology has drastically changed warfare. The advances in cyberspace technology are no exception and the law is struggling to keep up.

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While country-on-country cyber-attacks have made headlines in the 21st century, such attacks can be dated as far back as the Cold War.[5] In June 1984, a United States satellite detected a large blast in Siberia.[6] That blast turned out to be an explosion on a Soviet gas pipeline.[7] A malfunction in the computer-controlled system that the Soviets stole from a firm in Canada caused the explosion.[8] Unware to them, the CIA caused the malfunction by tampering with the software, resetting  the pump and valve settings to produce pressures far beyond the capabilities of the pipeline welds, which  ultimately resulted in destruction.[9]

The most recent and controversial cyber-attack resulted in WikiLeaks publishing a series of confidential emails exchanged between several key members of the Democratic National Committee.[10] The release negatively impacted the Democratic Party in the public eye and resulted in the call for resignation from the DNC chairperson, the CEO, the CFO, and the Communications Director.[11] Despite President Trump’s initial accusation, these hackers are not just 400 pound guys in a basement; they are sophisticated and, potentially, dangerous adversarial governments.[12]

The United States accused Russian President Vladimir Putin of ordering an “influence campaign” aimed at weakening Hilary Clinton’s campaign and strengthening Donald Trump’s.[13] The campaign consisted of hacking Democratic groups and individuals and releasing that information via third party websites, including WikiLeaks.[14]  Intelligence agencies concluded with high confidence that Russia had intended to undermine American faith in the electoral system by hurting Hilary Clinton’s chances of winning.[15] As a result, in December 2016, America responded with what was arguably its strongest response yet to a state sponsored cyberattack.[16] “All Americans should be alarmed by Russia’s actions” stated Former President Obama.[17] While there is partisan disagreement about the scope and intent of the Russian cyber-attack on the 2016 United States Presidential Election, 77% of Americans from a wide variety of political backgrounds believe that cyber-attacks against computer systems in the United States are a serious threat.[18] Meanwhile, 63% of Americans believe that the United States is not adequately prepared to deal with these cyber threats.[19]

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While President Trump has repeatedly stated that the Russian hacking had no influence on the outcome of the election, it is becoming clear that cyber-attacks are becoming more prevalent and powerful.[20] Intelligence agencies reported that the Russian election intervention is an old-fashioned Soviet-style propaganda campaign made more powerful by the tools of cyberage.[21] While it may seem like this was a onetime event and new attack, it was actually a part of a campaign that went undetected for years.[22]

The same international laws apply to cyberspace as they do to traditional warfare domains. Yet, cyber-attacks are difficult for the international community to analyze due to their complexity and secrecy. In response to this challenge, the NATO Cyber Centre wrote the Tallinn Manual on the International Law Applicable to Cyber Warfare.[23] Applying the principles of the international law of war in cyberspace, the manual has been the primary guide for armed conflicts.[24] According to the principles in the manual, the Russian cyber-attacks on the DNC are below the threshold of an armed conflict.[25] On the other hand, if Russia had destroyed America’s cyber infrastructure, it would likely be enough to be a use of force and thus a violation.[26]

Yet others experts, such as the chairman of the U.S. Naval War College’s international law department Michael Schmidt, believe that the DNC hack was in fact a violation of international law.[27] For example, the hack could have threatened U.S. sovereignty.[28] The hackers attempted to intervene into the internal fairs of the United States affairs, which includes running elections.[29] However, there would need to be proof that Russia not only stole information but used the information to manipulate election results.[30]

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Therefore, the DNC hacks still lie in a legal gray zone. While the Tallinn Manual provides excellent guidance on applying international law in cyberspace, the Tallinn Manual 2.0 is in the works to expand upon it.[31] The goal of this additional manual is to examine how international law applies to cyber-attacks below the threshold on an armed conflict.[32] Until then, clever nations will continue to use cyber-attacks, like the DNC hack, to cause harmful effects but not cross the line that would trigger an armed response.[33]

 

Elizabeth Hays is a third year law student at the University of Baltimore School of Law. She completed her undergraduate studies at the University of Baltimore, where she majored in Jurisprudence. Her legal interests include administrative law, national security law, and maritime law. Elizabeth has previously interned with the U.S. Army JAG Corps and the U.S. Coast Guard JAG Corps. Additionally, she participated in the winter study abroad program in Curaçao in 2015/16. She is currently the Co-President of University of Baltimore Students for Public Interest (UBSPI) and a Staff Editor for University of Baltimore Law Forum.

[1] Nick Gutteridge, ISIS Top Hacker Dead: British Jihadi Junaid Hussain Blown up in US Drone Strike in Syria, Express, (Aug. 27, 2015).

[2] Id.

[3] Id.

[4] Id.

[5] War in the Fifth Domain, The Economist (Jul. 1, 2010).

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Harold Stark, How Russia Hacked Us in 2016, Forbes (Jan. 24, 2017).

[11] Id.

[12] Scott Shane, Russian Intervention in American Election Was No One-Off, N.Y. Times (Jan. 6, 2017).

[13] Jill Dougherty, U.S. Election Hacking: Russia Hits Back at ‘Unfounded’ Allegations, CNN Politics (Jan. 15, 2017).

[14] Id.

[15]Paul Krugman, Russia’s Hand in America’s Election, N.Y. Times (Dec. 11, 2016).

[16] David E. Sanger, Obama Strikes Back at Russia for Election hacking, N.Y. Times (Dec. 29, 2016).

[17] Id.

[18] Sarah Dutton, Most Americans Think Russia Tried to Interfere In Presidential Election, CBS News (Jan. 18, 2017).

[19] Id.

[20] Jill Dougherty, U.S. Election Hacking: Russia Hits Back at ‘Unfounded’ Allegations, CNN Politics (Jan. 15, 2017).

[21] Scott Shane, Russian Intervention in American Election Was No One-Off, N.Y. Times (Jan. 6, 2017).

[22] Id.

[23] Jill Dougherty, NATO Cyberwar Challenge: Establish Rules of Engagement, CNN Politics (Nov. 7, 2016).

[24] Id.

[25] Id.

[26] Id.

[27] Id.

[28] Id.

[29] Id.

[30] Id.

[31] Id.

[32] Id.

[33] Id.


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Come on Over: Uganda Opens Doors for Southern Sudanese Refugees While the Rest of East Africa Sleeps

 

J. Michal Forbes

 

Tucked away south of South Sudan and north of Tanzania lies Uganda, the Pearl of Africa.[i]  Located on the north shores of Lake Victoria, Uganda is known for its delicious fresh fruit and its vast number of gorillas.[ii]

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In a mere six months, the Ugandan government built the Bidi Bidi settlement, which is one of the largest refugee settlements in the world.[iii] There are currently more than 600,000 South Sudanese living in Uganda and thousands more cross the border every day.[iv] The UN estimates there will be an additional 300,000 entering Uganda in 2017, with 86% of refugees being women.[v] 

South Sudan, despite being one of the newest nations in the word, is on the brink of an ethnic civil war.[vi] Hostilities between the Dinka, the largest ethnic group in the country, and the Nuer have led to the death of over 300,000 people. Despite outside attempts to initiate peace agreements and a ceasefire, the violence still continues in Juba, the capital.[vii] As a result, thousands of South Sudanese people are fleeing, typically by foot, to Uganda, in hopes of escaping the violence.

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A sign welcoming visitors to South Sudan

Uganda is not without its own problems, however. In recent years, Uganda has made headlines for its corrupt political practices, criminalizing homosexuality and soaring poverty rates.[viii] Yet, Uganda has a surprisingly  unusual open policy that allows refugees to own land, receive an education, and work.[ix] In fact, Uganda is the third largest refugee-hosting country in Africa after Ethiopia and Kenya. [x]  The country’s approach to refugees focuses on community integration, in hopes that the burden will be less on the economy because of the integration.[xi]

Considering that Uganda has a significant over-population problem that strains its government’s finances, it is surprising that they have opened their borders to South Sudanese refugees. According to the World Bank, Uganda’s population grew from less than 9 million in 1969 to over 41 million in 2014.[xii]  Additionally, Uganda has the fifth highest total fertility rate in the world with almost 6 children born per woman.[xiii] Uganda remains one of the poorest countries in the world, with most people living off of US $1.90 a day.[xiv]

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A South Sudanese baby being immunized[xv]

Unfortunately, in December Bidi Bidi had to stop allowing in new refugees, except for those uniting with family. Reports have said that Bidi Bidi is transforming from a refugee camp to an actual community. Uganda is getting outside financial assistance from UNHCR and Medical Teams International who work with the refugee population to bring them much needed resources. However, the refugees still need a lot more help than what Uganda can give. It will take help from outside international organizations in order to ensure that the refugees get the proper schools, homes and educational opportunities they need in order to fully integrate into the Ugandan community.

The question arises, if Uganda, a country that is economically strained and does not has limited resources is able to accept over half a million people from the South Sudan, when will the rest of the world pitch in and help? The whole premise of Africans helping Africans is inspiring, however the impact of the South Sudan civil war can cripple East Africa’s regional economy and security.[xvi]

In order for the crisis in South Sudan to not to severely cripple East Africa’s region, it is vital that the East African Community as a whole adopts similar policies as Uganda. The East African Community, or EAC, is comprised of Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda. The EAC is focused more on economic and trade development in the region and less with humanitarian aid.

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The East African Community Logo[xvii]

It would be beneficial if the EAC would borrow from the Economic Community of West African States (ECOWAS) by adopting a policy of “community citizens”, in which all citizens of the 16 states that comprise ECOWAS can reside in community member states. The treaty establishing the EAC does mention that “’partner states undertake to establish common mechanisms for the management of refugees’”, but no action has ever been taken.[xviii] Considering that South Sudan is a member state of the EAC, the other states should accept refugees similarly to Uganda.

If not, Uganda will be only country in East Africa that South Sudanese refugees can enter, live in and prosper. The semi-stability that EAC has enjoyed over the last few years could be adversely impacted. Once the dominoes start to fall in the region, it will be hard to pick them back up again.

J. Michal Forbes is a proud native of Prince George’s County, Maryland, Ms. Forbes has a fiery passion for international law, travel and frozen yogurt. After receiving her B.A. in Political Science from the University of Maryland, Baltimore she taught ESOL in the Washington, D.C. Metropolitan area before joining the US Peace Corps in 2011. Ms. Forbes served in the Peace Corps in Ukraine from 2011 to 2013, in a small town between the Red Sea and the Black Sea in Crimea. Fluent in Russian, Ms. Forbes soon caught the travel bug and traveled/worked extensively throughout Eastern Europe during her 27 month commitment. Currently a 3L, Ms. Forbes is a member of the International Law Society, Immigration Law Society, Black Law Student Association and the Women Lawyers as Leaders Initiative. She has worked for Maryland Legal Aid and the NAACP’s Office of the Attorney General. She was recently awarded the honor of being named Article Editor with the University of Baltimore Law Forum, a scholarly legal journal focused on rising issues in Maryland. It is her dream to work for the U.S. government assisting with asylum seekers and refugee.  In her free time, Ms. Forbes enjoys eating frozen yogurt with her husband and learning Arabic.

 

[i] Uganda, Global Interlink, http://www.global-interlink.org/id2.html    

[ii] 21 Interesting Facts About Uganda You’ve Never Heard Before, BuzzKenya, http://buzzkenya.com/facts-about-uganda/

[iii] Uganda’s sprawling haven for 270,000 of South Sudan’s refugees, The Guardian, https://www.theguardian.com/global-development/2017/jan/24/uganda-sprawling-haven-for-270000-of-south-sudans-refugees

[iv] South Sudan Region Refugee Response Plan: January – December 2017, UNHCR, available at http://www.unhcr.org/578f2da07.pdf

[v] Id.

[vi] UN: South Sudan on brink of ethnic civil war, Al Jazeera, http://www.aljazeera.com/news/2016/12/south-sudan-brink-ethnic-civil-war-161214104548897.html

[vii] Violence, fear and looting grip South Sudan’s capital Juba, The Guardian, https://www.theguardian.com/global-development/2016/jul/19/south-sudan-violence-fear-looting-juba

[viii] Uganda’s Deteriorating Human Rights Record up for Review, Human Rights Watch, https://www.hrw.org/news/2016/11/02/ugandas-deteriorating-human-rights-record-review

[ix] Is Uganda the best place to be a refugee?, The Guardian, https://www.theguardian.com/global-development-professionals-network/2016/aug/20/is-uganda-the-best-place-to-be-a-refugee

[x] id.

[xi] Uganda’s sprawling haven for 270,000 of South Sudan’s refugees, The Guardian, https://www.theguardian.com/global-development/2017/jan/24/uganda-sprawling-haven-for-270000-of-south-sudans-refugees

[xii] Uganda Populations, worldometers, http://www.worldometers.info/world-population/uganda-population/

[xiii] Uganda: The World Factbook, Central Intelligence Agency, https://www.cia.gov/library/publications/the-world-factbook/geos/ug.html

[xiv] Poverty headcount ratio at $1.90 a day (2011 PPP) (% of population), http://data.worldbank.org/indicator/SI.POV.DDAY

[xv] South Sudanese Refugees are Flowing into Uganda at an Unprecedented Rate, The World Post, http://www.huffingtonpost.com/entry/south-sudanese-refugees-uganda_us_582dbecae4b099512f810c15

[xvi] South Sudan civil war: What it means for East Africa, Blasting News, http://us.blastingnews.com/world/2016/07/south-sudan-civil-war-what-it-means-for-east-africa-001011003.html

[xvii] Taken from the East African Community Website, http://www.eac.int/

[xviii] The East African Community and the Refugee Question, The Society for International Development, http://www.sidint.net/content/east-african-community-and-refugee-question


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From the Age of Big Brother, [TITLE CONTENT CENSORED (and that *might* not be a terrible thing…)], Greetings!

Margie Beltran

 

 

The mystique of a dystopian society has maintained a consistent intrigue across the history of mankind.  The imagination of man runs wild when he thinks about the “what ifs” and how they would affect the way we live.

The Time Machine; 1984; Brave New World; Planet of the Apes; The Giver; The Hunger Games; The Divergent Series; and, of course, that paramount episode of The Twilight Zone when all that poor man wanted to do was read his books – he becomes the last man on Earth and can finally sit on the remains of the post-apocalyptic library, reading for the rest of his days. And then, he accidentally steps on his glasses and yells, “That’s not fair, there was time now!”

We have seen the same theme time and again: mankind begins to self-destruct and in the bout of chaos and anarchy, a powerful leader/governing body rises from the ruins and reshapes society into a peaceful and balanced ecosystem.  Beautiful, no? So, what’s the catch? To have order and peace, one must forego the right to freedom and privacy.

My friends, hold on to your Mockingjay pins, for the dawning of the dystopian society may be upon us.

On November 29, 2016, The Investigatory Powers Act (IPA) was passed in the UK set to be enforced in January 2017.[i]  Not the first of its kind among the EU Member States, the IPA was satirically dubbed the “Snooper’s Charter” by those who opposed it. The Act grants law enforcement easier access to the private communications of UK citizens.[ii]  Some of the major provisions[iii] include, but are not limited to:

  1. Power to issue warrants for intrusive surveillance granted to ministers.
  2. Easier access for the government to retain browser history from popular websites.
  3. Ability to collect bulk communications data and to hack suspect’s electronic devices.

Over the past few years, terrorist attacks have become a consistent and troubling threat throughout Europe.[iv]  Although aware of the threat posed by terrorism, many within the EU are concerned since allowing the government into their phones and personal computers was not quite what many had in mind, as far protective measures go.[v]  Amnesty International (AI) criticized the UK, a nation considered to be a fierce protector of human rights, for setting such an example to other EU-Member States.[vi] According to AI, the Snooper’s Charter is “a modern twist of the Orwellian ‘thought crime,’ [in which] people can now be prosecuted for actions that have extremely tenuous links to actual criminal behavior.”[vii]

I sympathize and empathize with this issue under two lenses: the first, my rose-colored-goggles human rights activist perspective, in which I feel the rights of the people should be staunchly protected and the foremost concern of the governing body to any nation because it is what is just and humane; and the second, as a young American adult who remembers being a nine-year old, enveloped with gut-wrenching fear for reasons I could not even comprehend, living just minutes from Washington D.C. on September 11, 2001, and seeing the glazed-over eyes and clenched jaws of my peers whose parents worked downtown trying to hold back their tears in school for weeks following the attack.

The day the government is definitively tracking every communication we send and receive will be a disturbing one for sure.  Even if they have nothing to hide, many people are bothered knowing a third party is always reading, analyzing, and judging everything they type or say.

While freedom of speech is of the utmost importance, I continually find myself reverting to the lenses of nine-year old me.  If the ones I love are at risk of being hurt, I would give up my right to privacy within the confines of this act.  Maybe not permanently – and that is a risk that holds high with a law challenging a fundamental freedom – but at least until this state of emergency in Europe eases.

Think about The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (far more commonly known as The USA PATRIOT Act) enacted during the George W. Bush Administration in 2001 following the 9/11 attacks which enabled law enforcement to detect and prevent terrorism attacks by expanding the scope of their investigatory practices.[viii]  The USA PATRIOT Act passed in Congress across the bipartisan margins.[ix]  In the Senate, the act passed with nearly a unanimous at a 98-1 vote, while the House voted in favor with a 357-66 vote.[x]

Regarding terrorist attacks, the US has not faced an attack of the magnitude of 9/11 since the act was decreed.  While the USA PATRIOT Act has its flaws, as most laws do, the original purpose for introducing the bill has generally been satisfied.  The UK appears as if the IPA has received the same treatment by Parliament.[xi]  According to London-based journalist, Ewen MacAskill, the bill passed “with barely a whimper.”[xii]  Further, he said the marginal resistance to the bill did not come from outside of the parliament’s four walls, indicating the people of the UK and Parliament are both in support of the IPA.[xiii]  If the citizens of the UK are not complaining about the new law and choosing to exercise their right of privacy by foregoing their right of privacy, then so be it.  They have the right to invite Big Brother into their lives.

To the future or to the past, to a time when thought is free, when men are different from one another and do not live alone – to a time when truth exists and what is done cannot be undone…from the age of Big Brother – greetings!” – George Orwell, 1984[xiv]

 

Margery Beltran is a third year law student at the University of Baltimore School of Law (Candidate for J.D., May 2017).  She holds a Bachelor of Science in Family Science with a minor in Psychology from Towson University.  Her interests include mental health and disability law and international alternative dispute resolution. Margie currently serves as the Volume V Comments Editor for the University of Baltimore’s Journal of International Law. She participated in the 2016 Summer Abroad Program at the University of Aberdeen School of Law in Aberdeen, Scotland.  She is currently an intern in Washington D.C. for the U.S. Department of Health and Human Services, Alternative Dispute Resolution Division.

[i] http://www.natlawreview.com/article/uk-investigatory-powers-act-2016-how-to-prepare-digital-age

[ii] Id.

[iii] Id.

[iv] https://www.theguardian.com/uk-news/2017/jan/17/uk-counter-terror-laws-most-orwellian-in-europe-says-amnesty

[v] Id.

[vi] https://www.amnesty.org/en/latest/news/2017/01/eu-orwellian-counter-terrorism-laws-stripping-rights-under-guise-of-defending-them/

[vii] Id.

[viii] https://www.justice.gov/archive/ll/highlights.htm

[ix] Id.

[x] Id.

[xi] https://www.theguardian.com/world/2016/nov/19/extreme-surveillance-becomes-uk-law-with-barely-a-whimper

[xii] Id.

[xiii] Id.

[xiv] 1984 by George Orwell