Honduran Election Results Contested by International Observers
By Kevin Edmonds | The Other Side of Paradise | November 28, 2013
Honduras’ elections on November 24 had the potential of reversing some of the worst pro-market, anti-people policies put forward by the government of Porfirio Lobo, who was the direct beneficiary of the 2009 coup that ousted the left-of-center Manuel Zelaya. Instead, the elections have been fraught with irregularities and violent intimidation, threatening to throw the embattled nation into further political disarray.
These elections were regarded as pivotal for Honduras, as the administration of the ruling National Party has done little to combat the country’s poverty rate which stands at over 60 percent. Instead the National Party has been focused on opening up the country to multinational corporations. This is best demonstrated by the National Party’s passage of a new mining law that would remove the moratorium on the granting of new mining concessions put in place by former president Zelaya in 2008. The new mining law, which was passed earlier this year, was drafted with the help of the Canadian International Development Agency. The law effectively allows for a return to destructive open-pit mining practices that have been linked to numerous human rights abuses and widespread environmental destruction.
In addition to revising the mining laws, as detailed last year by NACLA’s Keane Bhatt, the Lobo administration was also busy luring developers and investors to build highly problematic “charter cities.” Bhatt described these charter cities as “privately owned municipalities that would be managed autonomously, complete with their own police forces, tax codes, and legal systems. These cities would develop industries for export-oriented growth, like textile manufacturing; they would also sign onto international trade agreements independently, and manage their own immigration policies.”
Standing in opposition to these pro-multinational corporation policies, the LIBRE (Liberty and Refoundation) Party is led by Xiomara Castro de Zelaya, the wife of former president Manuel Zelaya—who, under the constitution, was barred from running for a second term. The LIBRE party emerged from the post-coup resistance movement and seeks to build a Honduras in which self-determination and social justice—not the rule of the oligarchs—prevail. Due to the strength and wealth of those they oppose, the LIBRE party has been systematically attacked by the military police and paramilitary forces associated with the various landowners and business figures.
Rights Action has extensively documented the violent intimidation of LIBRE party members and progressive journalists in the run-up to the November 24 elections. Rights Action recently released a report that revealed since May 2012, at least 18 LIBRE party activists have been killed, with 15 others falling victim to armed attacks.
Despite the presence of hundreds of international observers, the state-sanctioned violence and intimidation did not cease. As reported by members of the Canadian NGO Common Frontiers who were part of the official delegation, the day before the election armed groups entered hotels in Tegucigalpa in order to intimidate election observers. With the passage of time, it is becoming increasingly apparent that examples of armed intimidation were crucial to the victory of the National Party’s candidate Juan Orlando Hernández.
Soon after the contested results were announced, Canadian electoral observers released a statement on November 25, stating that “After careful consideration of our own observations of the electoral process in Honduras we find the presidential elections to be inconsistent with democratic principles and rife with fraudulent practices.”
Their statement concluded with their recommendations: “We urge the Canadian government not to recognize the results of the Honduran elections. There must be an opportunity to do a full, transparent, accurate count, and fully investigate the many reports of irregularities, intimidation and threats by authorities.” (The entire statement from the Canadian delegation can be read here).
Following the statement by the Canadian delegation, on November 26, the National Lawyers Guild published a press release which declared that “The National Lawyers Guild (NLG) delegation of 17 credentialed international observers seriously question the validity of the Supreme Electoral Tribunal’s (TSE) preliminary results of Sunday’s national elections in Honduras. The NLG takes issue with the United States government’s characterization of the electoral process as transparent, given the country’s recent and pervasive human rights violations… The NLG noted a strong will and enthusiasm among Hondurans to participate in the electoral process despite a pervasive climate of fear and intimidation surrounding opposition party members and observers. Over the weekend, two LIBRE party activists were murdered, while two other deaths and three injuries were reported near a voting center in the Moskitia region. In addition, international observers reported multiple incidents of intimidation by state actors in the days leading up to the elections.”
It is predictable that the United States and Canada will support the contested results of the election, as irregularities are only important when their favoured candidate does not win. One only has to look at their support for the electoral process in Haiti in 2010—a situation in which 14 political parties were banned and observers witnessed widespread fraud and irregularities. Both countries have a great deal invested in Honduras, financially and geopolitically. Indeed the entire process was summed up brilliantly by Canales Vásquez, a LIBRE activist, who remarked to Upside Down World’s Sandra Cuffe: “They don’t want an example to be set in Honduras where the people kick the oligarchy out at the ballot box and where the system changes in favor of the people. That’s what we’re struggling for in Honduras, and that’s the reason for this repression against the people and against the LIBRE party.”
Related article
- Reports of vote buying, intimidation, violence in Honduras (voiceofrussia.com)
Federal investigation finds no merit in claims of ‘anti-Semitism’ at California universities
IMEMC Staff Report | September 2, 2013
After pro-Palestinian groups at several schools within the University of California system were accused of ‘anti-Semitism’, the U.S. Department of Education launched an investigation. This past week, they released the findings of their months-long investigation, announcing that the accusations of anti-Semitism were without merit, and that the accusations may have been attempts to stifle free speech on campus.
In response, the Center for Constitutional Rights issued the following statement:
Civil rights organizations this week welcomed news that the Department of Education’s (DOE) Office for Civil Rights (OCR) has closed three investigations against three University of California schools, at Berkeley, Santa Cruz, and Irvine, which falsely alleged that Palestinian rights activism created an anti-Semitic climate. The complaints underlying the investigation claimed that student protests and academic programing in support of Palestinian rights and critical of Israel “created a hostile environment for Jewish students.”
“The organized legal bullying campaigns have failed,” said attorney Nasrina Bargzie, of Advancing Justice-Asian Law Caucus (ALC), who alongside attorneys from Council on American-Islamic Relations (CAIR), the Center for Constitutional Rights (CCR) and the National Lawyers Guild (NLG) advocated for the students whose activism was scrutinized in the investigations.
“OCR’s decision in these cases confirms the obvious – that political activity advocating for Palestinian human rights does not violate the civil rights of Jewish students who find such criticism offensive, and that, to the contrary, colleges and universities have an obligation to create an environment that supports freedom of expression.” said Bargzie.
In its letter to UC Berkeley, OCR officials stated that student demonstrations in support of Palestinian rights “constituted expression on matters of public concern directed to the university community. In the university environment, exposure to such robust and discordant expressions, even when personally offensive and hurtful, is a circumstance that a reasonable student in higher education may experience. In this context, the events that the complainants described do not constitute actionable harassment.”
“We speak out on campus about matters of fundamental human rights. Students at institutions that are all about learning deserve to be part of robust discussion about one of the most pressing human rights issues of our time,” said Taliah Mirmalek, a student at UC Berkeley and a member of Students for Justice in Palestine.
The Berkeley complaint was filed in July 2012 by two attorneys who had previously filed an unsuccessful federal lawsuit on similar grounds. The Berkeley investigation was the latest of the three to be open; the Santa Cruz investigation was opened in March 2011, and the Irvine investigation in 2007.
A number of legal and advocacy groups, including Advancing Justice – ALC, CAIR, CCR, NLG, the American-Arab Anti-Discrimination Committee, American Muslims for Palestine, the Arab American Institute, and American Civil Liberties Union of Northern California have worked to challenge the misuse of civil rights law to intimidate students and dissuade them from advocating for Palestinian rights on campus.
“Students have faced a pervasive stigma that at times negatively impacted our ability to fundraise and hold events on campus, and even intimidated some of our peers into silence,” said Rebecca Pierce, a recent graduate of UC Santa Cruz and member of the Committee for Justice in Palestine. “However, we feel vindicated that the DOE has rejected this attack on our freedom of expression, and we will continue to advocate in accordance with our values regarding human rights and social justice.”
“The First Amendment unequivocally protects the activities that were targeted in these complaints – holding demonstrations, distributing flyers, street theatre – criticizing the governmental policy of the State of Israel and supporting Palestinian human rights. It is long past time that students engaging in First Amendment activities are able to do so without fear,” said Liz Jackson, Cooperating Counsel with CCR, who also worked with the targeted students. “While there continue to be threats of Title VI complaints against other universities, we are confident that OCR recognizes these claims as attempts to silence certain speech on Israel/Palestine, and do not present viable claims of discrimination against Jewish students,” said Jackson.
Anti-War Activists Targeted as ‘Domestic Terrorists’
Shocking new revelations come as activists prepare to sue the U.S. military for unlawful spying
By Sarah Lazare | Common Dreams | June 24, 2013
Anti-war activists who were infiltrated and spied on by the military for years have now been placed on the domestic terrorist list, they announced Monday. The shocking revelation comes as the activists prepare to sue the U.S. military for unlawful spying.
“The fact that a peaceful activist such as myself is on this domestic terrorist list should be cause for concern for other people in the US,” declared Brendan Maslauskas Dunn, plaintiff in the lawsuit. “We’ve seen an increase in the buildup of a mass surveillance state under the Obama and Bush Administrations.”
The discovery is the latest development in a stunning saga that exposes vast post-9/11 spying networks in which military, police, and federal agencies appear to be in cahoots.
Documents declassified in 2009 reveal that military informant John Towery, going by the name ‘John Jacob,’ spent over two years infiltrating and spying on Olympia, Washington anti-war and social justice groups, including Port Militarization Resistance, Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War.
Towery admitted to the spying and revealed that he shared information with not only the military, but also the police and federal agencies. He claimed that he was not the only spy.
The activists, who blast the snooping as a violation of their First and Fourth Amendment rights, levied a lawsuit against the military in 2009.
“The spying resulted in plaintiffs and others being targeted for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution,” reads a statement by the plaintiffs.
The Obama Administration attempted to throw out the litigation, but in December 2012 the 9th Circuit Court ruled that the case could continue.
When the plaintiffs were preparing their deposition for the courts two weeks ago, they were shocked to discover that several Olympia anti-war activists were listed on the domestic terrorist list, including at least two plaintiffs in the case.
The revelations prompted them to amend their lawsuit to include charges that the nonviolent activists were unlawfully targeted as domestic terrorists.
“The breadth and intensity of the spying by U.S. Army officials and other law enforcement agents is staggering,” said Larry Hildes, National Lawyers Guild attorney who filed the lawsuit in 2009. “If nonviolent protest is now labeled and treated as terrorism, then democracy and the First Amendment are in critical danger.”
Plaintiffs say this case takes on a new revelevance as vast NSA dragnet spying sparks widespread outrage.
“I think that there is a huge potential for the case to set precedent,” declared plaintiff Julianne Panagacos. “This could have a big impact on how the U.S. military and police are able to work together.”
She added, “I am hopeful we will win.”
National Lawyers Guild Monitors: Venezuelan Elections Were Well-Organized, Fair and Transparent
NLG | April 16, 2013
A delegation of National Lawyers Guild (NLG) election monitors visited polling sites in five Venezuelan states on April 14 and found that the Venezuelan presidential election process was fair, transparent, participatory, and well-organized.
With over 78 percent voter turnout, Nicolas Maduro Moros was declared Venezuela’s new president with a 50.66 percent share of the 99.12 percent of votes counted.
“The U.S. would do well to incorporate some of the security checks and practices that are routine in Venezuela to improve both the level of participation and the credibility of our elections,” said NLG attorney Robin Alexander. She added, “The six polls I visited in the state of Carabobo were calm and well-organized and lines were short.”
The five-member NLG delegation formed part of a larger team of over 130 people, which included former presidents of Guatemala and the Dominican Republic, electoral commission members, journalists, and representatives of human rights organizations from across the globe. Election monitors traveled to polling places throughout the country on Election Day.
The NLG delegation found the following: advanced voting procedures that prevent fraud through multiple fingerprint and voter ID certifications; accurate and efficient digital and manual vote calculation; active participation by party witnesses and national and international observers.
In addition, the NLG monitors found a reliable system in which 54 percent of all votes are randomly audited on Election Day. NLG monitors witnessed one such audit in Caracas in which the paper ballots matched perfectly with the electronic votes.
As a U.S. organization, the NLG emphasizes that the margin of victory for Nicolas Maduro, while small, is comparable to close elections in the U.S., such as the margins of victory for John F. Kennedy in 1960 and for George W. Bush in 2004.
The NLG calls upon the U.S. to honor the Venezuelan election as the nations of the world honor U.S. elections without question. Moreover, as recognized by Jimmy Carter, Venezuela’s election infrastructure, with its secure electronic system backed by paper ballots, is “the best in the world,” and therefore deserves at least as much respect as our own.
As NLG member and international human rights law professor Daniel Kovalik states: “In the end, it is the Venezuelans who must decide their own future and leaders and the U.S., in the interest of democracy, must honor that decision.”
Azadeh Shahshahani
NLG President + 1 212 679 5100, ext. 15
On the ground in Venezuela:
Nicole Phillips Esq.,
+1 510 715 255, nicole@ijdh.org
Camilo A. Romero,
+1 510 717 4227
Daniel Kovalik,
+1 412 335 6442
Natali Segovia,
+1 602 796 7034
Robin Alexander,
+1 412 716 1696
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Court rules peace activists can sue the U.S. military for infiltration
By Nathan Tempey | NLG | December 18, 2012
In a potentially precedent-setting decision, the Ninth Circuit Court of Appeals ruled Monday that a Guild lawyer’s challenge to military spying on peace activists can proceed. The ruling marks the first time a court has affirmed people’s ability to sue the military for violating their First and Fourth Amendment rights.
“This has never been done before,” said NLG member attorney Larry Hildes, who is handling the case. “The U.S. government has spied on political dissidents throughout history and this particular plot lasted through two presidencies, but never before has a court said that we can challenge it the way we have.”
The ruling is the latest development in the lawsuit, Panagacos v. Towery, first brought by Hildes in 2009 on behalf of a group of Washington state antiwar activists who found themselves infiltrated by John Towery, an employee at a fusion center inside a local Army base. Fusion centers are multi-jurisdictional intelligence facilities which house federal and local law enforcement agencies alongside military units and private security companies. Their operations are largely secret and unregulated. There are currently 77 fusion centers in the United States.
The lawsuit names Towery as well as the Army, Navy, Air Force, FBI, CIA, Department of Homeland Security, and other law enforcement agencies. For at least two years, Towery posed as an activist with the antiwar group Port Militarization Resistance (PMR), a group that sought to oppose the wars in Iraq and Afghanistan through civil disobedience. The infiltration came to light when public records requests filed with the City of Olympia unearthed documents detailing an expansive surveillance operation. In addition to PMR, Towery targeted Students for a Democratic Society, the Olympia Movement for Justice and Peace, the Industrial Workers of the World, Iraq Veterans Against the War, an anarchist bookstore in Tacoma, and other activist groups.
The latest ruling denies the government’s appeal on the basis that the allegations of First and Fourth Amendment violations carried out by Towery are “plausible.” His lawyers have until December 31 to appeal the decision. If they do not appeal, the case will return to district court and the discovery phase will begin.
The National Lawyers Guild is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has members in every state.