Tuesday, January 31, 2006 

Slavery and Racism

Disillusioned Lefty has just posted this on the blog, but since these haloscan comments don’t work for me on DL (or, for that matter, on Sicilian Notes – I can’t even read the comments on either) I’m going to respond here, with apologies.

Here's one for you. In a speech made yesterday, Jacques Chirac announced that France will, for now onwards, commemorate the abolishment of slavery every 10th May. In the speech he declared that "slavery fed racism." I'll quickly ask if perhaps it was the other way round; that racism fed slavery. I'm really just throwing it into the air without much thought; so discuss.

I think it’s a little of both. I believe that slavery emerged from racism but that the continuation of slavery perpetuated racism and stunted societal growth out of that prejudice. If you think back to the abolitionist movement, one of the strongest arguments propounded against it was that the American South would collapse economically with slaves and that, anyway, slaves were lesser beings designed to make money for their slave masters. Slavery helped to strengthen racist attitudes in America and these racist attitudes delayed the abolition of slavery, which perpetuated racism etc… etc…

However I think it’s important to remember that racism and xenophobia continue to feed slavery which continues to feed racism and xenophobia today. Slavery in the western world is certainly less explicit than it used to be, but there are many women held in sexual slavery for example. Sexual slavery was also a tool of the Yugoslav and Rwandan genocides designed to mark women of a certain race or ethnicity as useable, rapeable whores of lesser worth because of their race and/or ethnicity (as well as their gender).

Think about bonded labour today where people work for exceptionally low wages in our globalizing and globalised world. In any western country you will find that those in the lowest paid job and in bonded labour are predominantly immigrants, Asian or black. Modern slavery is racist too and causes racism. It’s commendable that the abolition of slavery will be publicly celebrated in France, but this needs to be coupled with a worldwide commitment to the abolition of BOTH racism and xenophobia AND slavery and bonded labour, including sexual slavery.

P.S. Shouldn't the DL boys be getting ready for their mock examinations this afternoon and not blogging? When did LC students get so bright about world affairs btw??

 

Alito's on the Court

Samuel Alito is being confirmed to the US Supreme Court after a disastrous attempt at a filibuster on the part of the Democrats, or at least Democrats who appear to want to run for President in 2008. The idea of doing the filibuster was always going to be dangerous and I agree with John Aravosis' analysis of why it was a bad idea. I continue to not be overly concerned about Alito's confirmation (I'm not mad about him but I think he has judicial qualities that will reign his own politics in....although we'll see soon enough).

 

Depleted Uranium in Shannon?

Limerick Blogger carries this sensational story. Of course the truth of the claims needs to be assessed but were we to find this is true then Ireland could, theoretically, find herself guilty of war crimes as an accessory. This seems to be a show to listen to:
A former US Marine, Jim Massey, has claimed that US cargo flights through Shannon Airport are carrying depleted uranium, Live 95FM reports.

In an interview to be broadcast on the "Limerick Today" programme, Mr. Massey states that weapons which contain depleated uranium were used in both Iraq and Afghanistan. he described both countries as "glowing green" because of the presence of the radioactive material.

According to Massey, depleted Uranium has a half-life of two million years.

 

Sunday Brunch

Richard Delevan has a new Sunday podcast, Sunday Brunch, which sounds like it could be quite a good addition to the blogosphere. I believe that it’s going to be Richard with two new guests every week discussing the issues that have arisen during the week. Here’s the think to the beta version of the podcast, which features Mick Fealty and Gavin Sheridan as guests and discusses, among other things, ‘the debate’.

 

Security Council Action against Iran: What's to Be Done?

All this talk about Iran’s nuclear programme has led to speculation about what the Security Council will do if the situation is referred to it. The Los Angeles Times this morning reports that all of the veto powers on the Security Council have agreed that Iran should be referred to the Security Council, which should consider taking action in March. What mandate does the Security Council have to act though, and what can they do?

The Security Council is the main enforcement body of the United Nations and has the role of responding to threats to international peace and security, acts of aggression and breaches of the peace (Article 39 and Chapter VII, UN Charter). Once the Security Council has decided that a Chapter VII enforcement action is required the Security Council has a couple of options: military intervention, economic sanctions, trade embargos and diplomatic, political and social sanctions. What I want to do is talk about the relative merits of each of these actions.

Diplomatic, Political and Social Sanctions

Any such move will be completely useless in relation to Iran. Iran is a country that lives, politically, on its rogue status. This is not to say that Iranians are extremists, in fact there is a large modernization movement within Iran, but that Iranian political institutions revel in their rogue status. The reason for this, I believe, is that through identification in this manner Iranian politicians (including clergy) retain the power to shore up support, nationalism, religious extremism and, of course, funding. Sanctions of this manner would be ineffective and, worse still, counter-productive because they would simply allow Iran to maintain this marginalized position and shore up domestic support for a nuclear programme.

Trade Embargos

Iran’s natural resources are petroleum, natural gas, coal, chromium, copper, iron ore, lead, manganese, zinc and sulfur (CIA handbook) and these are its main exports. I very much doubt that, given the current oil market difficulties, the Security Council will impose trade embargos on Iran. Even if they did, it’s highly unlikely that countries would participate fully. We need Iran’s oil and a trade embargo will not stop people trading with Iran – they’ll just do so secretly.

Sanctions

Sanctions are perhaps a better idea here but again the oil problem kicks in. However, smart sanctions (or direct target sanctions) might be a better idea. Smart sanctions are essentially sanctions that are directed to those in power and which are designed to hurt those in power as opposed to ‘ordinary people’. The damage done by general sanctions is clear from our experience in Iraq where those who were hurt the most by the sanctions were women and children and those in need of medical care. Such sanctions are, again, counter productive because they shore up support for the administration within the country and make basic survival the main priority of people on the street. When people are focused on ensuring that they have bread on their table it is difficult for them to create organic opposition movements, to create democratic institutions, to insist on productive involvement in the political system etc… However if smart sanctions were imposed, which allowed the oil trade to continue but minimized governmental profit, froze leaders’ accounts, preventing financial transfers by targets inside and outside the country etc… then it might be quite effective.

Military Intervention

I have no doubt that many believe this would be the best option, particularly now before Iran manages to develop a nuclear weapon, however I don’t think it’s realistic. First Russia and China will veto it in the Security Council. Second the US does not have the resources to get involved in yet another war in the region. Third it will irreparably damage to Israel/Palestine peace process. Fourth it will cause greater instability in the region. Fifth it may lead to the US losing Pakistan, it’s most significant ally in the region, because the people of Pakistan will never tolerate participation in military action against Iran. Military intervention is simply undoable.

The solution appears to be smart sanctions and strong nuclear oversight from an international body (and, maybe, Russia).

Update The New York Times report is now also out and is more in depth than the LA Times. Interesting exchange in the comments about the feasibility of smart sanctions as well.

Monday, January 30, 2006 

On Hamas

This evening I read one of very few sensible and well-argued blog posts on the election of Hamas in Palestine - and this one from an expert in the field. Bravo to Daedalus and here's a taster for everyone else:
Hamas itself has been forced into moderation, and will become more moderate in power. They were responsible for the cease-fire and were in better control of their people than Fatah, and face it, Fatah has its own militant terrorist group who isn't any better. Leaving Hamas out of the political process can only make them more radical. After all, terrorism is a product of exclusion. When the Muslim Brotherhood was persecuted in Egypt, they resorted to violence. When Israel was created, those who resisted occupation turned to violence. Exclusion is what causes the violence - it's that simple.

If any bad comes out of this, it will be at the hands of Israel, who is characteristically reactionary and paranoid. I'm not saying it doesn't have the right to be, but if it refuses to talk to Hamas, it is going to make happen what it says will happen, and peace will be dead. Only Israel can kill the peace process.

 

Pentagon Plans to "Fight the Net"

BBC News reports on a document released under the US Freedom of Information Act in which the Pentagon sets out a roadmap for electronic warfare, propaganda, 'fighting the net' and acquiring the capability to shut down every telephone, computer, network etc... in the world. Read the report - it's scary stuff. Taken in conjunction with the Google/China revelations it really does show how powerful the Internet can be, and how frightened countries are of it.
The US military seeks the capability to knock out every telephone, every networked computer, every radar system on the planet.
Are these plans the pipe dreams of self-aggrandising bureaucrats? Or are they real? The fact that the "Information Operations Roadmap" is approved by the Secretary of Defense suggests that these plans are taken very seriously indeed in the Pentagon.
And that the scale and grandeur of the digital revolution is matched only by the US military's ambitions for it.

 

It's All Over (And It's All About to Begin?)

It looks like the latest ‘great debate’ to hit the irish blogosphere has come to an end – at least between the main protagonists, myself and Richard Waghorne. Thankfully, however, other Irish bloggers are weighing in and giving their opinions on it.

Paul has written an exceptional post on a very straightforward and convincing argument, which I’ve also touched on elsewhere in the non-blog world. He runs very well through the evolution of our constitutional and legislative approaches to family since 1937 and argues, absolutely correctly, that:

If we can separate the idea of marriage for one moment from the idea of procreation, what justification is there for conferring partnership rights while denying the protections of marriage? Only that the union of man and woman is superior to that of man and man or woman and woman. In my eyes, that is discrimination and arguments for it can only be found in religion and bigotry. Just as in the past, the idea of a catholic marrying a protestant or a black man marrying a white girl scandalized the self-righteous and bigoted, so similarly does the idea of same-sex unions today. In the past southern US states argued that in providing separate toilets and train cars for black people, they weren't discriminating as long as there was no qualatitive difference in the services offered to both whites and blacks. Today those who would award gays partnership rights but deny them marriage make the same case.



Red Rover sums up some of the main arguments and states that “Fiona doesnt pose any threat that I can see to the running of any society”. He hasn’t met me yet… ;)

Editor takes Fi Fie For Fum's charactertistically caustic approach – you’ve got to love it!

Rinceoir takes his characteristically progressive Christian approach (and I hope you don’t mind me describing it as such)

The Dossing Times reports the debate

Wulfbeorn weighs in although I absolutely reject his claim that those who insist on rights are essentially asking for hand outs and entitlements from the State. We’re asking for our basic right to equality to be honoured and vindicated by treating all families the same. The way in which the State chooses to do that by means of various entitlements is a different issue, but the model should be the same for everyone.

Finally, for now at least, Damien Mulley does himself a great disservice by saying “when I grow up I want to be Fiona de Londras”. I’m grumpy, fat and stupidly busy. That said, I do have a rather yummy girlfriend! ;)

Update Slugger O'Toole reports on the debate and points us towards a ratyer good podcast on the issue.

People still await Disillusioned Lefty's substantive views but they track the argument here

Here’s hoping that while myself and RW sit back and watch, the debate goes on between other Irish bloggers.

P.S. When Richard says that all who defy our voluntary agreement to stop calling each other names will be sent to Guantanamo obviously I disagree. Inherent dignity, basic human rights, illegal detention, torture etc… being my main concerns!

Sunday, January 29, 2006 

Richard Waghorne and I Still Disagree

Richard has responded to this post – the response is long but you should read it. In the interests of readability I’m going to (try to) keep mine shorter. In the truest traditions of grown up debate I have suggested by email to keep the bitchy swipes to one side, so sorry to everyone I know was enjoying them!! ;) I’m sure Richard will agree – this can be a good debate and I hope it stays that way. (Let me say I take some responsibility for starting the bitchiness but God he made me angry)

First a few quick remarks, then the rebuttal:

1. I do find calling women hysterical when they get angry or upset or emotional about something misogynistic. The extract RW highlighted to justify that (“We may not execute gay people like some other countries but there are more ways to kill a person than through the actions of a hangman”) was not, as he suggested, designed to compare the lack of gay marriage to hanging, but highlighting that one’s soul can be executed as well as one’s body. I believe that when the State rejects your identity and, not only that, but treats you differently because of it, they execute your soul.

2. I know why your friends would be amused – the world of university debating is small and gossipy remember. It just struck me that you needed some reminding of a lot of people’s realities.

3. Indeed I do know that you’re studying sovereignty in political theory but ‘human dignity’ is important in terms of our constitution’s natural law philosophy. I never suggested that human dignity didn’t exist as a theory before 1937, I merely made that the point that if I’m making a human rights argument and you scoff at it because I base on the notion of human dignity then you’re scoffing at the entire human rights movement and the underlying philosophy of the fundamental rights within our constitution. (BTW the abortion dig wasn’t appreciated).

4. I do not “approach the issue at hand from behind a desk in Griffith College’s Law Department” – I write everything on my blog in a personal capacity, as I’m sure RW does. (Just in the interests of absolute clarity).

5. You may not have made expressly legal arguments (apart from saying that partnerships should be regulated by contracts….) however I do not see the utility in discussing this is in the absence of a workable model. People are suffering because of these discriminatory laws every day – the time for purely philosophical discussion has surely passed?

The Rebuttal

In the interests of readability I’m going to separate the debate into themes and deal with it that way.

Is differential treatment based on sexual orientation a value judgement?

The first substantive question is whether, by treating queers differently and, in particular, treating queer families differently, the State is making some kind of value judgment. I’m sorry but I have to stray into legal stuff here to explain my position.

In Ireland we have a hierarchy of families and family forms – marriage is at the top with constitutional protection, opposite-sex cohabiting couples are next with substantial legislative protections but no constitutional protections, and same-sex couples are next with lesser legislative protections and no constitutional protections. Does this mean that the State is making some kind of value judgment? I think so. It means that the State believes that the family based on marriage deserves more protections than other families and, as a result, is superior in some ways to other family forms.

All families face the same difficulties and require the same protections and, in the absence of some objective justifications for doing otherwise, the State is discriminating against people if they do not acknowledge and serve those needs. Let’s take the example of the Residential Tenancies Act 2004 to illustrate the point. For the sake of convenience I’m going to quote from my upcoming article in the Irish Journal of Family Law:

What then is the Governmental justification for treating these couples differently? The answer to this can be clearly discerned by reference to the Oireachtas debates that led to the introduction of the Residential Tenancies Act 2004, part IV of which provides for new security-of-tenure protections in Irish law. Section 49 provides that the security-of-tenure provision will automatically apply to “family member” multiple tenants once they have been in occupation for six months. Section 39 describes those family members as spouses, children (natural, step, adopted or fostered), and unmarried partners “who cohabited with the tenant as husband and wife in the dwelling” for six months preceding the death (emphasis added) and therefore expressly excludes same-sex cohabiting couples from this protection. When challenged on this matter, Minister of State at the Department of the Environment, Heritage and Local Government, Noel Ahern stated: “[t]he amendments provide for security in the case of established, family-type relationships, rather than homosexual or other relationships”(Dáil Debates, July 1, 2004, p.1043. ) —the implication, of course, being that such “others” cannot form family relationships.

Richard says that


[U]ntil the government of the day starts to justify the present distinction on the grounds that same-sex relationships are less meaningful, legitimate, or worthy, it is not true that the separate arrangements for relationships between one man and one woman constitute anything more than an instrumental view that this is in the best interest children and social stability.

I think the simple example of the RTA 2004 proves that they have done so. Let me also say that I believe the lack of persuasive reasoning in the All Party Oireachtas report and in addresses by the Minister for Justice and the Taoiseach on this area further show this value judgement. Generally speaking conflicting positions are laid out and, without reasoning (beyond ‘a referendum would be divisive’) the conclusion is drawn that there should not be marriage. Now, maybe I’m wrong about this but the lack of presentation of a persuasive, objective, reasonable argument tends to suggest that such an argument doesn't exist and that conclusions are actually based on a belief, which I believe must be acknowledged as a normative one, that opposite-sex couples are better than same-sex couples.

On all of Richard’s points on whether the privileging of marriage is based on a belief that it promotes “the optimal environment for children and secondly, promoting socal stability (through making marriage difficult to walk away from” let me firstly say that I believe these beliefs are homophobic.

On social stability, I believe that families are the basic unit of society and that they are vital for social stability. I do not, however, believe that privileging marriage contributes to social stability. It may be difficult to get a divorce in Ireland but it’s not impossible to do so and it’s also not difficult to walk away from a marriage – people do so all the time and, through separation agreements or judicial separations, can give up most of the legislative rights that flow to the marital family. That was equally the case before the Family Law (Divorce) Act 1996. However, even if I were to accept that protecting marriage (as opposed to families) is essential for social stability then I still don’t understand why this means that same-sex couples are less deserving of that. Can’t we also form long-term loving stable relationships? Can’t we also, if you want to think about it this way, contribute to social stability by protecting those partnerships from undue state interference (which is basically what constitutional protection does)?

As for children, the current situation results in children born and/or raised outside of marriage suffering de facto discrimination through the lack of protection of their family. Let me add something else about children (again quoted from forthcoming article):


Second, same-sex couples are entitled to foster children. If we perpetuate a situation whereby same-sex couples can foster but not adopt children, we maintain an exceptionally distasteful implication within our laws: same-sex couples are only capable of giving emergency care to damaged or troubled children. This not only suggests that same-sex parents are a lesser calibre of caregiver, but also that foster children are a lesser calibre of child. This situation would clearly not have the best interests of the child at heart.

Again: value judgment

Does the State’s position cause/implicitly justify homophobia?

It should be clear by now that I believe the State's position to constitute homphobia, whatever about causing or justifying it.

Richard is right in saying that “[n]obody is locked up for being in a gay relationship and the liberty of Irish people to live lives as gay people is evidenced by the thousands doing so”. However those people who do so suffer legal discrimination in the areas of adoption and other parenting provisions, succession, taxation, domestic violence, family home protection, parental leave etc… I don’t think saying ‘yes you can do as you wish but you wont get the same respect for your partnership from the state as straight people’ constitutes allowing people to truly live freely: it constitutes punishing them for doing so.

It is not the State’s fault that homophobia exists – of course not – and my argument is not that the lack of gay marriage causes homophobia. It is that the differential and discriminatory treatment by the State of gay partnerships constitutes a lack of leadership in the area of equality and, as a result, makes feelings of differential worth acceptable in society. It doesn’t mean they cause them – just that the position implicitly justifies them.

RW says that laws should be made on the basis of whether they are right or wrong, not based on whether people want them. With the respect I disagree: laws should be made on the basis that (1) they are necessary, (2) they are proportionate to the objective desired, (3) they comply with the State’s constitutional and international obligations and (4) they impinge as little as possible on others’ rights. On all of those points there is no objective justification for failing to introduce gay marriage.

On the question of decriminalization and social change, which Richard also brings up, in 1993 Maire Geoghan Quinn was strong in her comments at the time of decriminalization but it came against some substantive opposition didn’t it? Including, for example, opposition from the Supreme Court in the Norris judgment. I very much doubt that Richard believes that decriminalization has does nothing to change social attitudes towards homosexuality; I believe it has. Here the State was forced to take action (by the European Court of Human Rights) as opposed to taking leadership and that may well have impacted on the strength of the action but nevertheless it made a difference.

Should the State lead public opinion?

I think in many ways that this is crux of the disagreement that Richard and I are having. Let me say this: I believe that the State does have a role in social reform and furthermore I believe that law plays an important role in that project.

Richard says:

I disagree on principle that the state should lead public opinion and frankly find the idea of my taxes being used to tell me what to think patronizing and sinister.

I’m sorry but I think this is really ridiculous. On this line of thinking the State should never tell us drinking and driving is wrong and dangerous and you shouldn’t do it; it should never say smoking damages those around you and you shouldn’t subject people to that harm in the workplace; it shouldn’t say all children are equal and you should treat them as such whether they’re born in marriage or not; it should never say people shouldn’t have sex with those under a certain age; it should never say abortion is illegal; it shouldn’t say anything at all that regulates how we behave.

I believe that part of the State’s responsibility is to assess whether it is fulfilling its obligation to treat all people equally, i.e. according to their needs without prejudice on the basis of any ascribed characteristic or any characteristic so central to one’s identity that they should not be forced to abandon it. It is also a part of the State’s responsibility to lead us in this project of spreading and ensuring at the least tolerance and, ideally, reverence for difference in society.

One way in which the State can do that is by LEADING and not, as Ireland is doing, waiting to be pushed by the EU or the ECHR into providing equal rights and saying ‘listen the EU/ECHR is telling us we have to do it…we’ve no choice left’. That’s not leadership – that’s looking for a way of doing something unpopular in a manner that least damages its election prospects. We need a government that is ready to stand up and say ‘this is not right; everybody is equal and we are going to ensure that they are treated as such’. We could equally have a judiciary that would do so and I do hope that our Supreme Court will do so at the earliest possible stage.

The state led social change in this country in many ways. Think back to the Supreme Court bench of cases like McGee where huge swathes of prejudicial and normative laws were swept aside in the name of personal freedom to make decisions for yourself and the obligation of the State to respect and recognise those decisions. What I wouldn’t give for those judges on our bench in the coming months.

What about the impact of State attitude as shown through legislative action or stagnation? Richard says:

Fiona makes no attempt to argue why someone would be right in feeling better or worse about themselves on the basis of what the state thinks or doesn't of them, so I'll take the point as conceded.
Now it’s not about whether someone is “right” in feeling a certain way about themselves but whether it is correct to say that state attitudes can have an impact on how someone feels about themselves. I think it is correct to say so. Our state basically says, for example, that ‘queers don’t form families or at least not families that we think are worthy protecting. They form couples and I suppose now and again they stay together long enough to deserve some kind of a tax break in the hope that they will go away and stop asking for things’. This attitude reduces queer families to the same kind of status as a business. Are you saying that this doesn’t have any effect on how some people feel about themselves? I’m sorry – I just think your position on this misunderstands how the State can influence social opinion can influence how individuals within society feel about themselves. Point not conceded…

The Inherent Dignity of All

Being a good liberal, Fiona takes it as a given that the inherent dignity of human beings was created in 1937 when the Irish constitution was ratified. Otherwise, why would she have required me to have meant that the constitution was where we look for guidance on what it means to say that human beings have "inherent dignity"?

I’ve already dealt with this but just to reiterate that the point was that this is the underlying philosophy of rights protections in the Constitution and the international human rights movement generally, therefore must be referred to in any discussions about legal protections.


Even if we go with the Irish constitution or, say, the UNCHR, it's not exactly obvious to me that gay marraige was what de Valera had in mind when including the idea in the constitution. The same goes for the signatories of the UNCHR. So while it's quite true that the designers of each regarded inherent dignity as the "essential foundation of the concept of rights and of equality" it's not clear that they regarded "the concept of rights and of equality" as implying gay marraige. For that, you have to step outside the intentions and the explicit provisions of both documents.


Yes, you do, because constitutions and founding international treaties are not supposed to stagnate – they are supposed to grow with their constituency. They are living, breathing documents and in that way they retain their relevance for the society they are underpinning. I do not believe in historical interpretation in constitutional law: it’s ridiculous. If we are to be governed by what de Valera meant or what people meant when they voted for the Constitution then we may as well either live as if it’s 1937 or make a new Constitution for every generation.


Which, of course, puts you back at my starting point, which is the view that the question of what is implied by the intuition that all people have an "inherent dignity" is ultimately settled politically or philosophically, rather than legally, the latter following the first two, both practically and in order of precedence.

As is clear from above I disagree with the basic premise of this statement.

Richard wants me to respond to this paragraph:


Just as it's not for the state to "recognize" or be "proud" of heterosexuality or homosexuality, it's not for the state to pronounce that gambling is right or wrong, that eating too much good or bad, sleeping around immoral or ok, or that worshiping Allah puts you in God's favour or simply has you barking up the wrong tree. The only thing that counts, at the level of politics, is that people are free to live their own lives without the government trying to do it for them, or actively impeding them. I don't see how failing to take pride in a gay relationship effects any concrete harm to any such two people so long as none of their freedoms, not least the freedom to live together, are taken away. Freedom, not a pat on the back, is what counts.

You see here’s the thing Richard – we have completely different views of the role of the State. I believe, as I said above, that the State does have a role in forming society as well as in ensuring that all in society have the freedom to try to change it and change attitudes within it. There are fundamental matters of equality that I believe the State has an obligation to advance or, at least, to lead on them and then allow the people to decide upon.

I don’t believe in big individual freedom and small government. I believe that big government can give rise to big freedom. I believe that small government does not allow for big individual freedom because it fundamentally misunderstands freedom.

How can you be free if you don’t have food, clothes, a home, health care? How can you be free if there are no laws there to vindicate your basic rights (you’re right in saying rights are inherent but they need laws to vindicate and protect them: not give them)? How can you be free if those you love are jeopardized as a result of the nature of your love? That’s not freedom Richard; that’s not governance. That, to my mind, is the worst form of state abrogation of its responsibilities.

Richard you say you don’t want the State telling you what to think or making decisions about what kind of families are better. My point is they already do, and they relegate many of us to a lesser place.

Saturday, January 28, 2006 

Yes I'm Angry, but Don't Call me Hysterical

Richard Waghorne has weighed in on the Report on the Family. He picked up on this post I wrote on ‘how I feel’ about the Report and, instead of recognising it as an expression of an emotional position, he accuses me of hysteria and hyperbole (let’s not ignore the underlying misogyny in the ‘hysterical woman’ stereotype he implicitly perpetuates there) and of expecting a recognition of my integrity and sexuality by the State ‘as of right’. Let’s start with the first issue that arises out of Richard’s post – he clearly ignores earlier posts on gay unions (1, 2, 3, 4, 5 and 6) and concentrates instead on the emotional response, which of course makes dismissive arguments on his part very easy to make, although he still doesn't make them well.

Apart from that let’s look at his point about whether or not someone is entitled to state recognition of their sexuality and relationships as of right and, indeed, at what a State needs to do to value its citizens. Richard appears to think that the State’s responsibility lies in simply ‘letting people lead their lives freely’; a classically liberal position (in the true philosophical meaning of the word).

The problem with this position is that by treating people differently because of the relationships that they enter into and because of their sexual orientation – an ascribed rather than acquired characteristic – the State implicitly says that different people have a different value because of their sexual orientation. By so doing the State not only continues to stigmatise people but also makes it acceptable for people at large to stigmatise sexual orientation or to retain in their attitudes and beliefs a hierarchy of sexual orientations.

In this way differential treatment by the state that is not objectively justified is dangerous, prejudicial, discriminatory and irresponsible. While the state continues to do that it is not necessarily letting me live my life freely – it can be dangerous for me to be open about my sexuality. The State has a role in leading and shaping public opinion and until the State says ‘gay people are absolutely equal in every way and we value our gay citizens and their rights to be who they are and, as a result, will treat all couples equally’ then they make it ok for people to manifest feelings of homophobia through violence. Therefore they maintain a situation where people are afraid of the stigma of being queer, of the societal reaction, of being gay bashed, of being treated differently. But the State treats us differently, so how can other people expected to do any different? I'm not being dramatic or hysterical here: this is reality.

Richard says that I depend overly on external validation from the State. I'm lucky - my family, employers and friends accept me and embrace my identity; they recognise my relationship. While the State continues to recognise my basic right to equality, however, legal protections are not available to me. I might be giving a depressing image to young people Richard but let me tell you, for thousands of queers and their children life is depressing, life is difficult, and the discrimination in our laws affect them directly every day of the week.

The State’s differential treatment also breaches people’s rights to equality. Richard scorns my reference to my inherent dignity as a human being without recognising that both international human rights documents and the Irish constitution refer to human dignity as the essential foundation of the concept of rights and of equality. Now I know Richard isn’t a lawyer so I’ll let him get away with that one but if he wants a quick run down of basic constitutional philosophy I can point him towards some useful sources.

Richard also talks about whether the State has a responsibility to recognise people’s relationships and here he is, to some extent, closer to my position at first. Richard claims that the State should allow churches and contracts to bear the burden of regulating relationships and marriage, in this way he is right. What he fails to realise, however, is how the State regulates contracts themselves.

Contracts are governed by a legal framework and legal frameworks are formed by institutions of the state so the state has an inherent and unavoidable role in relation to contracts. Indeed the Courts have held that cohabitation contracts are illegal (Ennis v Butterly). The fact that the Law Reform Commission inexplicably decided to ignore the large body of legal opinion on Ennis and the illegality of cohabitation agreements was one of the most problematic aspects of its report in March 2004. It would be great if we could enter into cohabitation agreements but unfortunately we have no way of knowing that they would be upheld in a court of law and the extant law tells is that they would be struck down. So I’m sorry, but the contract argument doesn’t wash. (Again lack of legal background is a bit of a get out of jail free card for RW but really, one shouldn’t play if they don’t know the rules of the game). In addition the lack of clear distinctions between religious and civil marriage in Ireland means that the state has some, completely inappropriate, involvement in religious marriage as well.

Richard then contradicts himself by saying that maybe the State shouldn’t regulate marriage at all while, earlier in his post, he said that he believes the marriage between a man and a woman should be protected:

I think there's a decent case for civil unions, but also think that the family understood as a marraige between a man and a woman deserves protection.


Now here’s the point Richard – if the State decides to define us in certain ways because of the relationship in which we live, and if the State decides that people will get different rights dependant on the relationship in which they live, then how can it be ok for the State to exclude people from that relationship? Opposite-sex couples can marry if they wish (in the vast majority of cases) and through marriage acquire all the rights that go with it (and they are many). Same-sex couples may never marry and therefore never acquire those rights. As long, then, as the State defines people by their relationship and forbids me from entering into that relationship if I choose they are discriminating against me and marking me as a second class citizen.

If the state had nothing to do with marriage I’d be perfectly happy, but the state does get involved with marriage. As long as they do that, and as long as they forbid me from getting married, I’m going to fight it, and you can be damn sure I’m going to be emotional.

Friday, January 27, 2006 

Life Sentence by Media Trial

I really have tried to stay away from the Wayne O’Donoghue ‘issue’ as much as possible but headlines in the newspapers and comments and posts on some other blogs are driving me crazy. The basic issue is that O’Donoghue was convicted of manslaughter (to which he pleaded guilty) and sentenced to four years imprisonment but at the sentencing hearing the victim’s mother exercised her right to make a victim impact statement. In the statement she claimed a number of things that had not been admitted into evidence in the case (RTE News):

Robert Holohan's mother, Majella, addressed the court. She claimed that semen was found on Robert's body when it was discovered dumped in a ditch at Inch strand in east Cork. Mrs Holohan said that her family's suffering following Robert's death was heartbreaking and indescribable.

She asked why would he have been killed for throwing stones; why were images deleted from his mobile phone; and what was Robert doing in Wayne O'Donoghue's bedroom at 7.20am on one occasion when he was supposed to have been on a sleepover with a friend.

Ever since the four year sentence was announced people have been up in arms and saying that it was too lenient – even politicians like Joe Costello have been weighing in on it. Now if there had been no revelations in the victim impact statement would people still feel the sentence was too lenient? I’m guessing they wouldn’t – the sentence is handed down on the basis of what crime you were convicted of in the context of all of the circumstances and, in this case, was a perfectly appropriate sentence. I can’t help but feel that one of the reasons why everyone is so upset about the sentence is because they have decided that there was something untoward going on between O’Donoghue and the deceased and, in short, they believe him to have been sexually abusing Robert. Some ‘newspapers’ (also known as rags) have even run front page headlines alleging that O’Donoghue is “nothing but a paedophile”.

This is completely inappropriate and irresponsible. The proprietors of that newspaper are certainly aware that they have a high circulation in the prison where O’Donoghue is being held. Do they want to try to implicitly encourage people to harm him in some way? Is this tabloid justice for a crime that he has never been charged with, that he has never been convicted of, that he denies?

Why was the semen and DNA evidence not put before the court? A few reasons it appears – first of all there wasn’t a match on the second sample, secondly the body was exposed for a long time and the semen could have come from anywhere (including another person desecrating the body or an animal) and thirdly because O’Donoghue was confident that his semen couldn’t be on the child’s body and that if there was some on his hand he must have got it from a towel or something. (Irish Times)

The evidence just wasn’t strong enough – you are required to ensure that evidence is more probative than prejudicial. This evidence was clearly prejudicial as opposed to probative. That is quite simply that. If the newspapers don’t like it then they should run some intelligent articles about the need to reform the laws of evidence, not publish photographs of O’Donoghue’s father going to work, for example.

There is no proof that Wayne O’Donoghue did anything untoward beyond what he has already admitted to and what he is now being punished for. Nevertheless the exploitation by gutter press of a mother’s understandable worry and distress at uncertainty about her child’s last hours has now ruined his life completely. There is no way that he could ever live in Ireland after all of this. The justice system exists in order to try people in a fair and unbiased manner. If we don’t like the results we should just remember that it could be us in the dock – accused rightly or wrongly of something – and that we’d like the protection of those laws of evidence as well.

United Irelander continues to say “we need answers” (see comments). No, we don’t. We need to shut up, let this family grieve in peace, let O’Donoghue’s family grieve their loss and get on with their lives, and stop engaging in this disgusting mob justice by media trial.

 

Holocaust Remembrance Day

Today, January 27th, is Holocaust Remembrance Day. Take a few minutes at some stage today to think about the Holocaust and the millions of people who lost their lives - Jews, queers, people with disabilities, communists, socialists, revolutionaries, Gypsies, Jehovah's Witnesses, people of African descent, non-Jewish husbands and wives of Jews and others.

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.
- Pastor Martin Niemöller

 

Happy Birthday Mozart


Today is Mozart's 250th birthday! Google is celebrating with a change to their logo and the USA Today has this rundown of some new books about the great composer.

 

Juan Cole on Palestinian Elections

Salon.com has just put up an excellent column by Juan Cole on the elections in Palestine. He echoes some of the points I was making here. Here’s the money quote, but you should read it all:

In a mystifying self-contradiction, Bush trumpeted that "the Palestinians had an election yesterday, the results of which remind me about the power of democracy." If elections were really the same as democracy, and if Bush was so happy about the process, then we might expect him to pledge to work with the results, which by his lights would be intrinsically good. But then he suddenly swerved away from this line of thought, reverting to boilerplate and saying, "On the other hand, I don't see how you can be a partner in peace if you advocate the destruction of a country as part of your platform. And I know you can't be a partner in peace if you have a -- if your party has got an armed wing."

So Bush is saying that even though elections are democracy and democracy is good and powerful, it has produced unacceptable results in this case, and so the resulting Hamas government will lack the legitimacy necessary to allow the United States to deal with it or go forward in any peace process. Bush's double standard is clear in his diction, since he was perfectly happy to deal with Israel's Likud Party, which is dedicated to the destruction of the budding Palestinian state, and which used the Israeli military and security services for its party platform in destroying the infrastructure of the Palestinian Authority throughout the early years of this century. As Orwell reminded us in "Animal Farm," some are more equal than others.

 

DPP v. Wayne O'Donoghue

The text of Mr. Justice Paul Carney's sentencing of Wayne O'Donoghue is up on the Courts Service Website. You can view it here

 

Music and Dancing and Love and Romancing - in Ireland??

I’m not quite sure what to make of this post over at Planet Potato about how Irish women are hard on Irish men who try to be romantic, but swoon whenever a foreign man tries it on.

When an Irish guy tries something romantic, the reaction tends to be one of two:

1. Eyebrows raised and a look of "what are you trying on"

2. Ridicule. Real and continuous ridicule.

We hear endless surveys about how Irish men aren't romantic. Yet try and do something (small or large) and most Irish guys will expect to receive the verbal equivalent of a slap in the face. It's all very well saying you want your men to be more romantic, but when you tell all your Irish male friends that Don Juan is the only romantic man you've ever met you're not exactly helping their confidence. It's all very well saying that foreigners "are more confident at romance" which is something else I hear - that's all very well if Irish girl will be eating out of their hands when they try something because confidence plays a big part in this. We're not immune to being hurt when we try something and have it thrown back in our faces.

Yeah you can say "he's bitter over something" and I probably am - as are most of my friends. There's a double standard at play that puts Irish men in a box that they can't, and given enough experience won't try and break out of.

On the one hand I think back to my dalliances with Irish men and tend to think ‘no, they really are crap at romance’ and on the other hand I think of my friends with boyfriends who tend to treat romantic attempts with the same kind of tolerance with which parents treat hand print paintings from their three year olds. Let me just reassure you though that Irish women, and I incude myself in this, are also often quite awful at romance.

Let’s put this to a scientific test (*) however – tell me the most romantic thing you’ve ever done and the reaction of your beloved and we’ll see whether or not Irish people are good at romance, compare our efforts to those of ‘non nationals’ who divulge their romantic secrets, and see whether this double standard is really operating. (Use comments or email to 'spread the love')

* By scientific clearly I mean completely and absolutely unscientific – anecdotal and random might be a better description.

 

Trophy Videos

Tom Griffin reminds us about the lack of answers on that Trophy Video from Iraq and the fact that Charles E. Schumer is looking for some answers. Unfortunately I suspect he'll be waiting quite some time...

 

Good v. Evil Backfires: Democratising Terrorism in Palestine

If President Bush has decided that ‘spreading democracy’ is one of his aims then he must be feeling pretty annoyed with the Palestinians about now. On the one hand we’ve had elections in Palestine, which is democratic and therefore ‘good’ within the Bushite moral spectrum, but on the other hand ‘terrorists’ won the elections and terrorists are ‘bad’ within the Bushite moral spectrum. So a ‘good’ thing has given rise to something ‘bad’ acquiring power and, because the means of power acquisition was ‘good’ there can not be protest against the result. (Although the US has vowed not to communicate with the group until they give up violence: Reuters).

It’s a quandary isn’t it? Bush has been somewhat philosophical about it all (WaPo):

President Bush accepted the stunning election results in the Palestinian territories yesterday with a conciliatory tone, saying the landslide victory of the militant Islamic group Hamas was rejection of the "status quo" and a repudiation of the "old guard" that had failed to provide honest government and services.

"There's something healthy about a system that does that," Bush said at a news conference. He reiterated that he will not work with Hamas, formally known at the Islamic Resistance Movement, as a "partner of peace" until it renounces its goal of destroying Israel and disarms its militias. But he left unsaid what a Hamas-led government will mean for the distribution of U.S. financial assistance and for American involvement in trying to reach a peace deal.

I’m sure there will be plenty on what this election result means for the Israel-Palestine conflict and hopes for peace there (the NYT prophecy of increased Israeli unilateralism is one of the more interesting pieces) but equally interesting is what it means for the USA and their project of ‘democratisation’. The election results are certainly a disaster for America – they’ve invested hugely in Palestine and in building institutions there and a result that gives a terrorist organization representative power and a democratic mandate must both worry and frighten them.

It surely worries them as it tends to very publicly counteract the rhetoric of ‘good’ and ‘bad’ (or ‘evil’) that I quasi-parody at the start of this post. In addition to that it forces America (and the EU to some extent) into a situation where they have to undermine their ‘good’ and ‘bad’ dialogue by refusing to recognise the democratic mandate and working with the organisation as elected; it shows up the weakness of their simple dichotomy.

It must also frighten them that people would choose to give their mandate to a terrorist organisation. The simple theory again is that ‘if you empower people with a vote they will turn against terrorism and towards peaceful democracy’ but such simple theorising fails to recognise that true democracy is more than just ‘a vote’: it is the power to vote within an atmosphere where that vote is not a luxury and where that vote is just one manifestation of your power as an individual within society. Where a civil society is being stymied, as the Palestinian society is, by an occupying power then the vote does not carry out that sort of function, rather it is the sole opportunity to manifest power. You therefore give the power to the organisation that can give you back a civil society and, sometimes, it feels like terrorists are the only choice in a situation like that.

The second reason why this must frighten them is because it appears to represent what Roger Alford has described as “democratic Islamic fundamentalism” (although democratic terrorism would have done; I don’t think highlighting the religious element was necessary here), surely not what President Bush would have expected? Roger’s conclusion:

[T]he great hallmark of Bush' second term may well be the global march of democracy. Trouble is, that march is taking some surprising turns, as is evident in Hamas' stunning victory yesterday. Who would have expected a seedling of democracy would grow from the stump of Islamic fundamentalism and terror? We are witnessing the emergence of democratic Islamic fundamentalism. It is now a fragile flower. It may soon grow to be a sturdy, but most unhealthy tree. The new cedar of Lebanon.

Thursday, January 26, 2006 

An Irish DNA Database?

Yesterday there was an announcement that the Minister for Justice is going to propose a Bill for the introduction of a DNA database (see here and here). The plan is essentially based on Law Reform Commission recommendations from last year where they proposed a DNA database with certain safeguards built in. The DNA to be included includes DNA gathered from crime scenes, DNA from suspected criminals and DNA from convicted criminals. The LRC did recommend that the DNA be removed if someone was not charged, but we can’t really draw any conclusions on the Minister’s plans until we see a Bill with the safeguards built in.

In principle there are positive aspects to a DNA database that contains the DNA of convicted criminals provided there are serious safeguards in place to ensure that it cannot be used to fix people up for crimes. There is a difficulty with the basic premise of because our legal system does not, on the face of it, believe that because someone committed an offence in the past they are more likely to commit another offence in the future (with limited exceptions, like similar modus operandi etc…) and holding DNA may well undermine that. However there are cases of people who have patterns of criminal behaviour and, in such cases, having a DNA database may make it easier to identify perpetrators early. All of these benefits only apply if there are proper safeguards in place including being told your DNA is in the database (deterrent effect anyone?) and being able to challenge the decision to hold your DNA in this manner.

So, in short, let’s wait and see what the Bill says – it’s too complex an issue to make a knee jerk reaction on. Let me just say that the timing of this announcement, so close to the O’Donoghue verdict and the controversy arising therefrom, surely hasn’t been lost on anyone?

 

Irish Blog on Renditions

I've just come accross this blog and it deserves a mention and will also go on the blogroll:
Extraordinary Renditions

 

Australian Open


Looks like we're going to have to find somewhere we can see the Australian Open online. Amelie is playing, meaning that A will be terribly excited and want to see it. Off we go on a search then....

Wednesday, January 25, 2006 

Yeah, but how do you feel?

Since the report was launched yesterday I’ve had a few phone calls and emails from friends and family asking about my reaction to it and, in the main, the reaction has been pretty clinical like the one I posted here. But then my mother just asked me on the phone “but how do you feel?”. I hadn’t really stopped to think about it that much, but I feel angry and I feel let down and I feel rejected. I am an Irish citizen and I love my country, I am proud of my history, culture and legal system. Decisions like the one the Taoiseach took in India and reports such as the one launched last night tell me very clearly, however, that my country is not proud of me and does not love me. That my country does not recognise my integrity in living my life according to my ascribed identity and being proud of who I am. We may not execute gay people like some other countries but there are more ways to kill a person than through the actions of a hangman. Gay people in Ireland experience unrequited love for their country and our Government spearheads the exercise of rejecting us.

The government does not believe that I am equal to everyone else. It does not believe that the love I feel for my partner is as legitimate as the love they feel for theirs. It does not believe that as a person I am entitled to the same opportunities to protect my family as they are. I have that right as a basic part of my inherent dignity as a human being but the leaders of my country will not fulfill their responsibility to help me realize that right. I feel helpless. I feel little. I feel betrayed. I feel pissed off.

The sweetest thing was when my mother said that she felt the same way. Our government should be like our parents you know – they should accept us as we are and do whatever is in their power and in the best interests of ‘the family’ (country) to help us flourish as the people we are. That’s the deal isn’t it? We’ve long been convinced that once we’re finished studying we’re out of here. I think yesterday has merely reinforced that belief for us – we’re not valued here, why the hell would we stay?

For more reaction see Maman Poulet's excellent post and London Denizen

 

The Efficacy of the US-Pakistan Alliance

There’s an interesting piece on the Counter Terror Blog about Pakistan and America and whether or not Pakistan is winning the war against Al Qaeda. There are certainly conflicting reports from Islamabad and from journalists on the ground and everyone appreciates that Waziristan in particular is practically in the throes of war right now, but demands for clear accurate information fundamentally misunderstand a couple of things about Pakistan.

Firstly the area along the Afghan border is an autonomous tribal region not governed by Pakistani law and therefore it can be difficult to get accurate reports from that region, especially since it is completely unsafe for journalists to travel there. Secondly Pakistani security agencies are using those areas and Balochistan in order to carry out illegal arrests and detentions and it can be difficult to get objective and accurate information from those areas about who is doing what. Thirdly there is, to some extent, an underlying feeling that Afghan instability is good for Pakistan (even though as a result it has the largest refugee population in the world) and a very difficult political situation whereby security agencies are strongly linked to religious organisations and those religious organisations and the security agencies have always supported militant jihadists in Afghanistan and in the border areas so to expect a huge about turn now and accurate information is unrealistic.

If a country like America is going to ally with a country like Pakistan they have to understand a few fundamental things about the country, including the long standing and intimate relationship between military and mosque in that country. This relationship more or less completely precludes accurate information of the type called for in this CTB post.

For more check out the Human Rights Commission, Pakistan (especially recent report on Balochistan)

 

Hiding Under the Rock of Executive Privilege

Earlier I wrote about the WaPo's revelations of just how much the White House knew in the run up to Katrina. Now the New York Times reports that the Bush Administration is citing executive privilege to avoid disclosing documents or having people testify before congressional committees.

Curiouser and curiouser:
The Bush administration, citing the confidentiality of executive branch communications, said Tuesday that it did not plan to turn over certain documents about Hurricane Katrina or make senior White House officials available for sworn testimony before two Congressional committees investigating the storm response.

The White House this week also formally notified Representative Richard H. Baker, Republican of Louisiana, that it would not support his legislation creating a federally financed reconstruction program for the state that would bail out homeowners and mortgage lenders. Many Louisiana officials consider the bill crucial to recovery, but administration officials said the state would have to use community development money appropriated by Congress.

The White House's stance on storm-related documents, along with slow or incomplete responses by other agencies, threatens to undermine efforts to identify what went wrong, Democrats on the committees said Tuesday.

 

Defining the Family

Last night the Taoiseach launched the All Party Oireachtas Committee on the Constitution’s report on the Family. This report was long awaited, initially with some hope and enthusiasm and, in latter weeks, with a sense of dread as to just how bad it would be. Of course one of the main questions facing the Committee was that of how the family should be defined and what ramifications that would have for the constitution and legal system generally. As you’re probably aware the family has been defined, through judicial interpretation, as the family based on marriage (Nicolau v An Bord Uchtala) which means that other family forms are not entitled to constitutional protection from State interference. In addition the Constitution provides the right to marry but doesn’t define it. By convention that’s always been defined as between a man and a woman and it wasn’t until the Civil Registration Act 2004 that we had a legislative basis for that opposite-sex definition. Hundreds of people and organizations sent in submissions to the Committee and their conclusions were, well, weak to say the least.

1. The definition of the family within the Constitution should remain unchanged but other family forms should be legislated for. It would be inappropriate to extend the Constitutional definition. No reasoned argument is given for this conclusion.

2. Article 41 should include a provision that recognizes the equality of all children and that ‘the best interests of the child’ is the paramount consideration. The clause of equality of children is too narrow and should include a ground such as ‘parentage’ and also ‘ethnicity’ and ‘citizenship’. Birth is included as a ground. This does open the door to a recognition of the equality of all family forms as a means of securing the equality of all children but, in that way, also instrumentalizes children’s rights in a manipulative and underhanded manner

3. A legislative scheme should be introduced for unmarried couples. Same-sex couples should have to register their partnership as “a presumptive scheme would not be appropriate”. No reasoned argument is presented for this conclusion.

4.The reference to the woman in the home should be gender neutralized.

The report is a white wash. It’s badly written, draws spurious conclusions without reasoned argument, does not have any backbone, takes the easy route, instrumentalizes children, perpetuates inequality and patronises those who belief in equality for all.

Did we really need to wait over a year for that?

 

Alito - A Sure Thing

Looks like Alito will be confirmed. Not hugely surprising and, in many ways, underhanded tactics by democrats didn’t help but here’s hoping that he does live up to his reputation as a fair and judicious character and continues to respect the central notion of precedent on the Supreme Court bench.

 

Left to Drown? What did the White House Really Know About Katrina

The WaPo carries the news of documents delivered to the White House prior to landfall by Katrina in New Orleans. These documents, including a slide show presentation by FEMA, accurately predicted the extent of the damage to New Orleans including the breaching of the levees and the difficulties that would face the clean up and rescue operation:



In the 48 hours before Hurricane Katrina hit, the White House received detailed warnings about the storm's likely impact, including eerily prescient predictions of breached levees, massive flooding, and major losses of life and property, documents show. A 41-page assessment by the Department of Homeland Security's National Infrastructure Simulation and Analysis Center (NISAC), was delivered by e-mail to the White House's "situation room," the nerve center where crises are handled, at 1:47 a.m. on Aug. 29, the day the storm hit, according to an e-mail cover sheet accompanying the document.

The NISAC paper warned that a storm of Katrina's size would "likely lead to severe flooding and/or levee breaching" and specifically noted the potential for levee failures along Lake Pontchartrain. It predicted economic losses in the tens of billions of dollars, including damage to public utilities and industry that would take years to fully repair. Initial response and rescue operations would be hampered by disruption of telecommunications networks and the loss of power to fire, police and emergency workers, it said.

In a second document, also obtained by The Washington Post, a computer slide presentation by the Federal Emergency Management Agency, prepared for a 9 a.m. meeting on Aug. 27, two days before Katrina made landfall, compared Katrina's likely impact to that of "Hurricane Pam," a fictional Category 3 storm used in a series of FEMA disaster-preparedness exercises simulating the effects of a major hurricane striking New Orleans. But Katrina, the report warned, could be worse.


Given this President Bush’s declaration that nobody anticipated the breach of the levees is, quite clearly, a bare faced lie. It’s one thing to be unhappy with how federal and local agents responded to a disaster but another to leave people in the disaster zone to die or be killed. That is effectively what the Bush administration did. Even now they are failing to help people who have lost their homes in Katrina with poor interim housing, doubts about investment and local resentment building up against the displaced New Orleans residents in the towns in which they now reside. There are many reasons why people think Bush should be impeached. Whatever your opinion on the war in Iraq, your basic constitutional rights and the idea of social contract this abandonment of people by the government must be reason enough to remove him from office.

Tuesday, January 24, 2006 

Good Friday and Human Rights

Colm O'Cinneide has authored an excellent report for the Equality Authority and NI Equality Commission on the Good Friday Agreement and its potential for the introduction of rights equivalence in the Republic. I recently congratulated Colm on his involvement in the Woolf Report for the ECHR and this major piece of research solidifies his position as a major player in human rights law and academic activism in the UK and Ireland.

Another fine UCC graduate. The report is available here. It's well worth a read.

 

Follow the Leader??

The African Union is having some difficulty in identifying its new leader. Well, it might be more accurate to say that it's having some difficulty in identifyig a new leader without causing intense international embarassment to itself. Sudanese leader, Omar Hassan al-Bashir, is bidding for the role of chairperson of the Union. The problem with this is that the Sudan is the location of an ongoing genocide in which Sudanese forces are strongly suspected of supporting the genocidaires and Sudanese leadership of this situation will not only reduce it's moral standing in the international community but may also cause AU intervention in the Sudan to become ineffective. African leaders seem to be clubbing together to ensure that this doesn't happen, here's hoping they succeed. The New York Times has this:


Selecting Mr. Bashir, a general who seized power in a 1989 coup, would put the organization in the difficult position of attempting to mediate peace talks and quell the violence in the home of its chairman. Worse still, Mr. Bashir's own government has been accused of carrying out attacks on civilians in the western Darfur region and arming militia fighters who continue to terrorize the population there. An international criminal court is investigating an array of officials in Mr. Bashir's government for human rights violations related to the Darfur crisis, but has not indicated how high up the ladder the inquiry goes.

Human rights groups across the continent and beyond warned that choosing Mr. Bashir would damage Africa's credibility in the eyes of the world and hamper the African Union's efforts to negotiate an end to the Darfur crisis and to other conflicts around the continent. "Making Bashir the chairman would be an insult to the victims of Darfur," said Salih Osman, a Sudanese human rights lawyer and opposition member of Parliament. "The highest level officials in this government are involved in the atrocities in Darfur."

 

The Role of Referenda

The Taoiseach has said that there won’t be a referendum on ‘gay marriage’ because he doesn’t believe that it will be passed. He also believes that it would be divisive. He’s probably right on both fronts but is that reason enough to not hold a referendum in the first place? Referenda were introduced to the Irish constitution to ensure that the popular sovereignty encapsulated in the document would be maintained throughout its life. We are lucky in Ireland to have a constitution that can only be amended by referendum of the people (it wasn’t always like that, by the way, the 1922 Free State constitution allowed legislative amendment) as it gives us true control over that document. Our control, however, is constrained in one way: which referenda we actually get a say on.

The idea of putting a referendum to the people is not only to allow people to actually decide whether or not there is a change to the fundamental law of the land, but also to create a space for a national debate. The great advantage of referenda is that now the Referendum Commission must present people with balanced arguments for and against the proposed change, which is in turn creates the space – in the media, in homes, in universities and schools etc… - for a proper conversation about what we, as Irish people, consider our values and our identity.

Putting a referendum before the people isn’t always about winning or losing that referendum, sometimes it’s about creating the discussion. By denying us the right to create that space and have that discussion and win over hearts and minds the Government is doing a great disservice to its queer constituents and I hope, when the campaigning starts, that we all question them on the doorsteps and call them on their homophobia. Queer or not we all have a vested interest in equality, and what the All Party Oireachtas Committee will propose tonight is NOT equality. It’s bigotry in a finer suit.

Also talking about this: Colm Bracken, Maman Poulet, Gerry O'Quigley, Balrog, Planet Potato

 

Lord Lester at UCC

Lord Lester has been described by leading UK practitioners as 'the doyen of the public law bar' and 'the founding father of human rights law'. He practises in the areas of Public Law, Employment Law, Media Law, Commercial Law and European Law. He is recognised as one of the leading human rights law practitioners in Europe having appeared in all the major European human rights law cases involving the UK extending back almost 30 years. He received the Liberty Human Rights Lawyer of the Year Award in 1997, and has received honorary degrees from the Open University, and the universities of Durham, Ulster, the South Bank and University College London. He co-edited Human Rights: Law and Practice, 2nd edition, Butterworths, London, 2004, with David Pannick QC, and has written numerous articles in various academic journals, e.g. Public Law and the Statute Law Review. He is President of Interights (the International Centre for the Legal Protection of Human Rights) and is a member of the Irish Bar. He is a Director of the European Roma Rights Centre and has represented the Roma community in many leading cases in the European Court of Human Rights.

The ECHR and Irish Law: Practitioners Perspectives
Friday 3rd February 2006 5:00pm - 7:30pm Aula Maxima UCC

The European Convention on Human Rights Act 2003 provides the opportunity for lawyers to use the ECHR in the Irish courts. One year on from the commencement of the legislation, this seminar examines the ECHR Act from a practitioner's perspective. Lord Anthony Lester has extensive experience of arguing human rights issues in English and European Courts and as part of this event, he will deliver his inaugural lecture as adjunct professor of the Faculty of Law. Michael Farrell is a solicitor who for many years has raised human rights issues in the Irish courts. Overall, the seminar aims to consider the areas such as family law, criminal law and immigration law, in which ECHR law can usefully be argued and to dismantle the obstacles which exist to using the ECHR in Irish courts.

Programme
5:00 - 5:30pm
Registration (Tea/Coffee)
5:30 - 5:40pm
Welcome: Dr. Ursula Kilkelly
5:40 - 6:20pm
Professor Lord Anthony Lester QC
6:20 - 7:00pm
Mr. Michael Farrell, Solicitor, FLAC and member of the Irish Human Rights Commission
7:.00 - 7:30pm
Questions & Discussion

Full details of Seminar and Booking Fees available here.
For further information contact: Aimee Mullins, Department of Law, UCC Email: lawevents@ucc.ie Tel: 021 490 3220

Monday, January 23, 2006 

Four Things

I've been tagged by Morgan


Four jobs you've had in your life:
General helper in a delivery firm
Assistant Manager in Euro Languages College
Tutor in Criminal Law
Lecturer

Four movies you could watch over and over:
Schindler’s List
Sophie’s Choice
Malcolm X
Love Actually

Four places you've lived:
Tipperary
Cork
Dublin
Erm…I don’t have a fourth yet!

Four TV shows you love to watch:
West Wing
Newsnight
Emmerdale
ER

Four places you've been on vacation:
Greece
San Fransisco
Rome
Venice

Four websites you visit daily:
GCD
BBC News

Maman Poulet
Irish Blogs


Four of your favourite foods:
Mashed potatoes
Bacon and cabbage
Grilled fish
Shepard’s Pie

Four places you'd rather be:
I’m pretty happy where I am but for the sake of argument
Tipperary
Chios
London
French Antilles

Four people who are now tagged:
Exquisite-Corpse
Free Stater
London Denizen
Paige

 

More Snapshots of Pakistan





The is the view from the place where we had lunch on Friday afternoon. It's on the banks of th Kabul river and the water has that lovely turquoise colour because it's run off from a melting glacier. Lunch was fish - freshly caught,. gutted, rubbed in spices and grilled on an open fire served with naan and diet pepsi. It may well have been the best meal of my life. These little boats are hired out for people to go off on romantic trips up the river - beautiful aren't they?

Pakistan gets far too bad a press. Sure it's dangerous but people are friendly and kind, especially once they're sure you're not American, and the place is beautiful. People are also exceptionally interested in talking about politics and power although people who are less educated are more interested in talking about economic empowerment and bread. The poverty levels can't be understated and are heartbreaking when one considers how much money is spent on army and guarding the nuclear bomb. Don't believe everything you read about Pakistan though and go if you ever get a chance.

 

Snapshots of Pakistan


The Kyber Pass on an overcast Sunday. The mountains are the Hindukush.

The Kyhber Pass runs through the world's largest autonomous tribal area where the High and Supreme Courts of Pakistan have no jurisdiction. The people are the Pashtuns who have reputations of being ferociously hospitable and honourable and our experience was that the reputations are well deserved! We were welcomed into one home where a sheep was slaughtered in our honour and the four of us who were women were given the rare honour of being brought into the main house where we had tea with the women of the house who told us of their experiences and concerns. Have no fear - feminism is alive and well in the North West of Pakistan!

It's a harsh place but really very beautiful. It is dangerous though - we were accompanied by an armed guard as required by law - and is known as the Wild West of pakistan where you can buy any drugs or arms that your heart may desire. It's also a major smuggling route from Kabul. On a more sinister note it's also an area where intelligence services take many into detention as the domestic laws have no application there.

 

Prostitution, Brothels and Danger

London Denizen pointed me in the direction of this piece on BBC news about proposals for small brothels in the UK. The reasons advanced for allowing two prostitutes to work from a premises are basically centred on safety concerns and are coupled with commitments to provide greater exit support for women and heavier penalties for pimps, traffikers and kerb crawlers.

On the one hand these proposals can be welcomed as they do appear to have the right intentions at heart – helping women to get out of prostitution, recognising that penal strategies should be targeted towards those who exploit women as opposed to the women themselves, and allowing for a model whereby women can remain in safer prostitution if they wish to do so.

On the other hand making brothels safer conversely makes the streets more dangerous and contributes to greater targeting of women on the streets. If men are looking for a prostitute they may not want to use brothels because of fears of record keeping, being forced to use condoms etc… but if they use women on the streets then they run the risk of heavier penalties, so they don’t give women much time on the street and force them into the cars more quickly, which in turn raises the danger level for those women.

Those women working on the streets are likely to be trafficked women and pimped women who don’t have the resources to set up a brothel so, in a way, it seems slightly self-defeating and doesn’t concentrate on the root causes of prostitution in a productive manner.

 

Women in Brehon Law

Inexplicably Free Stater has tagged me to write a post on the rights of women in Brehon law. Honestly, his boredom levels must be very high indeed. To all those without any interest in this topic let me offer my deepest apologies.

Women were relatively empowered in ancient Irish law and feature prominently in Old and Middle Irish literature. The annals do not, however, appear to match the legends of strong female leaders etc... with historical evidence of such leaders and some think that the heavily masculine nature of the kinship laws would forbid even the possibility of a female leader. Women were almost certainly seen as legitimate bounty from war (Triad 88).

Men were permitted to have multiple wives but the wives wouldn’t have the same status – there was a chief wife and a concubine and whether you fell into either categopry depended on the type of marriage you had, which in turn depended on whether you brought property into the marriage. The children of all marriages would have equal status however. Women were considered as property and a man had to ‘purchase’ the wife and she was entitled to a certain portion of that money (known as creic cetmuintire). A bride who was not a virgin could be punished by humiliation, fine or even death.

There were situations in which a woman could divorce a husband and retain part of the bride price, particularly if he rejects her for another woman, fails to support her, defames her, circulates a satire about her or tricked her into marriage. She may also divorce him if he strikes her and leaves a blemish of any kind (could only hit her to correct her). In addition impotence was a legitimate reason for a woman to divorce her husband!

Generally speaking women did not have an independent legal personality or capacity, although nuns did have a special status. In large women were property of either their husband or their father, but a slightly more liberated form of property than might have existed in comparable legal systems of the time.

 

Home Sweet Home

So I have returned safely from beautiful Pakistan. Had a truly amazing weekand met some really wonderful people - I'll definitely be back!! Now it's time to take advantage of jet lag and wander around the bloggosphere to find out what's been going on!

Friday, January 13, 2006 

Making Martha Alito Cry

Something interesting happened in the Alito hearings on Wednesday which evaded my attention until today: Martha Alito left the room…in tears. This incident led to Republicans claiming that the hearing was beginning to show the ugly side of Washington, particularly since it had focused on things like Alito’s membership of the Concerned Alumni of Princeton group. They claimed that the personal jibes were going too far and, according to the Washington Times, Senator Orin Hatch said



I can understand bringing the Vanguard and Princeton issues up, but to repeatedly harp on these accusations shows how desperate the Democrats have become. They can't win on the facts, they can't win on integrity and they can't win on the law, so they have to resort to innuendo.


There are a few things to say about this. First of all the questioning should be thorough, especially when it comes to someone’s character. Were it the case that Alito were an active member of this misogynistic and racist group then it would be cause for serious concern (not least because he’d be found to have lied about it). We’re talking here about lifetime appointments to the highest court in the land. People have to try to be sure and the US vests that duty in the judiciary committee – they have to do their job. (This is not, of course, to deny that many of them do so in an exceptionally partisan manner but that’s all part of the political game).

Secondly the fact that Mrs. Alito left in tears will do Samuel Alito no harm whatsoever. It demonised the Democrat senators asking the hard questions and made Alito appear like a real person with emotions and within a family that has experienced emotional trauma as a result of the probing that’s been undertaken into his beliefs, his past and his family. It should be noted that she started crying during questioning from a Republican senator who was sympathising with Alito. This doesn’t mean that ‘the Republicans made her cry’. I think it’s more likely to mean that there was a reprieve in the emotional battering and she just lost control. That happens too.

Third, Ann Althouse wonders about how we use spouses to create an image of the nominee and about how different it must be for husbands of female nominees:


The odd thing is that we expect a wife to sit behind her husband, unable to participate, just a backdrop of support. It's strange the way wives are used in politics to create an image for the man. In the business world, a man bringing his wife along to sit with him for a job interview would be out of his mind.

Of course, husbands sit with female nominees too. But we have yet to see a nasty hearing for a female Supreme Court nominee. Imagine if the Senators were saying awful things about a woman while her husband sat behind her. Would he glower just enough that the Senators wouldn't dare go too far? Would there come a point when this man would lose emotional control? Would he cry and run off? Would he step forward and say How dare you talk to my wife that way? That would be some new political theater.

 

Are There Any Non-Alcoholic Irish Gifts?

SO, fellow bloggers, I need your help. I need to bring some presents to give to people who invite me into their homes and help me when I'm in Pakistan over the next week, however a wander around a few shops yesterday made me wonder whether there's anything 'Irish' I can bring that doesn't have alcohol in it? Clearly as Pakistan is a Muslim country I can't bring them drink but the chocolates have alcohol in them, the tshirts appear to all have references to alcohol, all guinness paraphenalia is pointless and the CDs of Irish music appear to all include songs about getting pissed. So what do people suggest I should bring? I did consider tin whistles but then thought it was a but silly.
All suggestions gratefully accepted

Thursday, January 12, 2006 

Should Law Bloggers Be More Serious??

Roger Alford has been slapping wrists...in a virtual way that is...and asking that Law Profs stay serious on their blogs and have some discipline. He has some valid points, although I also think that blogging is more serious in American academic circles than in Europe anyway. Whether or not blawging is an emerging style of legal scholarship itself is an interesting, if contentious, question (indeed American legal conferences are beginning to have seminars on law blogging as Larry Solum discussed here).

However if any of us law professors ever get booted out of academia there might be a different career open for us, one that doesn't include blogging. I wonder whether anyone would take a leaf out of this guy's book?

A 70-year-old Italian law professor has discovered a new career writing erotic memoirs after losing his university job following accusations that he offered students high marks for sex.

Ezio Capizzano, a former law teacher at Camerino University in central Italy, gives detailed accounts of his amorous "tutorials" in the book, The Last Baron In A Campus of Tulips, published this week. When it emerged in 2002 that he had video-taped his "one-to-one" tutorials he became a household name in Italy and a role model for ageing Casanovas. Far from condemning him, the media lauded Prof Capizzano.

The respected Corriere della Sera newspaper described him as "Italy's answer to Sean Connery". In 2004 he was acquitted of any wrongdoing after the court accepted his claim that the students had all given their full consent."

Wednesday, January 11, 2006 

Divine Retribution, Eh?

I wrote here about the plan for a Christian theme park in Israel, which was being headed by Pat Robertson. Now the BBC Reports that Israel is pulling out the deal because of Robertson's comments on Sharon's stroke being divine retribution. Good enough for him too.

Via Washington Rox

 

Alito Confirmation Hearings - Live Blogging

If you want to know what’s happening in the Alito confirmation hearings they’re being live blogged by the wonderful SCOTUS Blog

 

Law and Blogging

There’s an excellent piece on the (ever excellent) Legal Theory Blog about blogging, law and legal scholarship – have a read, especially if you’re interested in a career as a legal academic.

 

John Bolton and Human Rights

The New York Times carried an editorial yesterday on John Bolton’s proposals for reform of the Commission on Human Rights (CHR) in the United Nations. As I wrote here reform of the CHR is one of the main prongs in Kofi Annan’s reform package and is long overdue. As it stands the Commission consists of member states elected by the Economic and Social Council (ECOSOC) and, for reasons of regional bias and voting alliances, it has often included perpetrators of mass human rights violations among its members including, in the recent past and at present, Sudan (yes, while the genocide was proceeding in Darfur), Zimbabwe and Cuba.

Annan rightly identified that such a situation reduces the credibility and reputation of the commission – some of the main weapons in a human rights enforcement armoury – and proposed instead that a Human Rights Council be established with a different ‘election’ mechanism. Now what does Bolton want to do? He wants to ensure that the five permanent members of the Security Council (USA, UK, France, People’s Republic of China and Russian Federation) would have automatic and permanent membership of this Council.

Nice – the USA doesn’t want perpetrators of rights violations having power to immunize themselves from scrutiny by temporary membership of the Commission (and they’re right here) but would quite like a permanent position on the Council so that they can immunize themselves permanently from the mechanisms of the Council/Commission.

Not only would America be in such a position but so too would Russia and China – hardly bastions of human rights are they? If the USA is so worried about China’s human rights record that they try to tack human rights conditionality onto trade agreements then why insist on them having a permanent seat? What about Russia’s record in Chechnya and, indeed, their growing repressiveness under Putin when it comes to things like free expression? Doesn’t that matter anymore, and if not, why not?

The answer appears to clearly be this. Bolton may despise the UN but he recognizes that most people in most countries respect it and particularly respect its findings in relation to rights records. So while he has no time for the organisation he does want, as far as possible, to protect the USA from its possible negative effects (from an administrations perspective although not, necessarily, from the perspective of an individual). How can he do that? First by insisting on maintaining the present veto situation on the Security Council; second by protecting the US as far as possible from criticism of its rights record by the Commission.

Bravo to the NYT for calling him on it:



…the issue of human rights…is not about recognizing the interests of the powerful. It is about protecting the interests of the powerless. It would be nice if all of the big five could be trusted to do this. But not all of them can, either at home or internationally. Some of the people most in need of a strong U.N. voice on human rights live under tyrannies that have carefully cultivated Chinese or Russian favor: Cuba, Iran, Myanmar, Uzbekistan and Zimbabwe, to name a few.

Although Ambassador Bolton has repeatedly made it clear that he has little use or respect for the United Nations and would be happy to see the United States walk away from it, we have never questioned his commitment to reform its most dysfunctional institutions. But his behavior on this issue leaves us questioning his judgment, and that of his bosses in the State Department and the White House.

Update FreeStater has taken some themes from this post and expanded them here. Worthy of a read. Morgan also has a piece on this here.

 

Alito Hearings

If you’re interested the WaPo has the text of yesterday’s judicial committee hearings of Samuel Alito. Haven’t had a chance to read them yet or form an opinion of it but I have noticed that he was hit from the outset with abortion and the right to privacy and, while not directly saying whether he would or wouldn’t overturn Roe, he referred reassuringly to the importance of precedent and reliance. I’ll have a look at the rest of it later, but for a read of the transcript have a look here.

 

Europe's Homegrown Mujahideen?

Check out this article by Robert Leikin in Foreign Affairs. I have just read it and am still unsure about how I feel about it. One thing, however, is clear – the implication that ‘lax’ immigration law and policies of family reunification ‘caused’ the growth of a new generation of European jihadists has annoyed me no end. The author also recognizes the negative effects of a lack of integration and of conceiving of immigrants and, especially, second generation as ‘full citizens’ in the cultural sense, which is an important thing to discuss. Here’s a taster but you should make your own mind up:

Fox News and CNN's Lou Dobbs worry about terrorists stealing across the United States' border with Mexico concealed among illegal immigrants. The Pentagon wages war in the Middle East to stop terrorist attacks on the United States. But the growing nightmare of officials at the Department of Homeland Security is passport-carrying, visa-exempt mujahideen coming from the United States' western European allies.

Jihadist networks span Europe from Poland to Portugal, thanks to the spread of radical Islam among the descendants of guest workers once recruited to shore up Europe's postwar economic miracle. In smoky coffeehouses in Rotterdam and Copenhagen, makeshift prayer halls in Hamburg and Brussels, Islamic bookstalls in Birmingham and "Londonistan," and the prisons of Madrid, Milan, and Marseilles, immigrants or their descendants are volunteering for jihad against the West. It was a Dutch Muslim of Moroccan descent, born and socialized in Europe, who murdered the filmmaker Theo van Gogh in Amsterdam last November.

A Nixon Center study of 373 mujahideen in western Europe and North America between 1993 and 2004 found more than twice as many Frenchmen as Saudis and more Britons than Sudanese, Yemenites, Emiratis, Lebanese, or Libyans. Fully a quarter of the jihadists it listed were western European nationals -- eligible to travel visa-free to the United States.

The emergence of homegrown mujahideen in Europe threatens the United States as well as Europe. Yet it was the dog that never barked at last winter's Euro-American rapprochement meeting. Neither President George W. Bush nor Secretary of State Condoleezza Rice drew attention to this mutual peril, even though it should focus minds and could buttress solidarity in the West.


Update London Denizen has read the article in more detail (and with more time) than me and has this to say about it. I still haven't had a chance to go back over it with sufficient time to form a critque but it's on my list of 'things to do'.

 

'Sexual Predators' and Giggling Teenagers

One of America’s primary film critics got himself into hot water when reviewing Brokeback Mountain. He describes one of the main characters, Jack, as a “sexual predator” who “tracks [the other] down and coaxes him into sporadic trysts”. Predictably enough this brought criticism from the Gay & Lesbian Alliance Against Defamation who warned about the homophobic nature of the comment.

The idea of queers as ‘sexual predators’ who might ‘coax; happily married men (and women) out of their heterosexual stability and into debauched homosexual promiscuity. Really the critic should have known better than to use such incendiary language when describing the movie. He’s apologized for the remark and his son, who happens to be gay, has had a letter published in the Advocate saying that his father is not homophobic but simply dislikes a movie that many in the gay community find important. Unfortunately for Shalit it looks like the choice of words may have taken from the legitimacy of his critique.

On another note some idiot on the Strawberry Alarm Clock this morning referred to it as ‘Backdoor Mountain’ and said this was a cowboy movie with a whole different kind of ‘bang bang’ at which all three of them giggled like children. Why do grown men reduce themselves to giggling teenagers at the mention of anything queer – especially gay male love stories – and make a joke out of absolutely everything?? I will never understand that kind of attitude.

Update Over at bonhom.ie Dermod feels that the tag of 'sexual predator' is perfectly appropriate to the character in this movie. I haven't seen it so I'll wait until I have to comment any more on the 'predator' label, but I still feel an instinctive discomfort with it.

Update 2 In the comments to this post and to Dermod's there's been a lot of discussion about the idea of 'predator' in a sexual context. Dermod is comfortable with the term as he finds it expresses the animalistic side of sex and, particularly, the looking for sex/cruising elements of it. The difficulty, as some people have suggested, is that in the context of queerness many people use the term 'sexual predator' to suggest that there is something (unhealthily) manipulative and exploitative about gay male sex - that younger men in particular are being taken advantage of. While this doesn't appear to be the manner in which this film critic used the term the sensitive reaction to its use is perfectly understandable. Dermod suggests a better approach in a reply to a commenter however:
The fundamentalists would like to portray sexual/queer men as predators of the young and defenceless, ie lock 'em up and throw away the key. But the defence against that is not "we're not predatory at all, how dare you, we are nice and fluffy and all we want is to live in monogamous unthreatening domestic bliss just like you, really". The response, as far as I'm concerned, is to acknowledge the unsettling, powerful, and often predatory urges that are present in sexual desire, and then to point out that there's nothing wrong with sex, of whatever flavour, as long as it's consensual.

Monday, January 09, 2006 

More on Mary O'Rourke

Clearly the Mary O'Rourke affair has been drumming up publicity all day while I've been suffering at the hands of Irish Rail on an exhausting one day round trip. Richard De Levan gets a thumbs up for excellent analysis here, including analysis of Mary Mary Quite Contrary's performance on various radio talk shows this morning. His conclusions?
1. Two-and-three-quarters cheers for Orla Barry. I heard Newstalk 106 come into its own this morning. Advertisers take note: they are attitudinally and culturally in tune with at least 50-plus-one percent of under-35 Ireland on issues like this. The first instinct of RTE (Morning Ireland, to a lesser extent Pat Kenny - Gerry Ryan is a special case, because I believe he was teasing out the callers to expose their attitudes, and he later added his own anecdote about Dubs working in England and learning that you can't yell out the word "nigger"; he explained that this was Irish "tolerance of ignorance") and the Irish Times was to circle the wagons, downplay and let her off the hook. The first instinct of Newstalk (and, let it be said, Gerry O'Regan and Frank Coughlan's Indo) was to confront the racist remark for what it was rather than explain it away. This is an interesting thing to observe.

2. Mary O'Rourke IS a racist. One could argue about the provenance, etymology and appropriateness of Mary O'Rourke's phrase, "worked like blacks". One can also argue whether or not she, as an elected official with skin thicker than a T-Rex, should be expected to apologise. But if the word racism has any meaning, it includes prejudice based on race. Mary O'Rourke's first instinct when confronted by a black texter to Newstalk was to congratulate her on getting her asylum, that is, to assume she was an asylum seeker.It is for that remark, even more than her earlier "off the cuff" remark, that she should apologise. That remark was far more revealing, far more ugly, and far more damaging to race relations in Ireland generally.
Update
In the comments the Baby Barrister (who I do wish would get a blog some time soon) says:

As someone whose mother used to call snots "black men", (and perhaps ill-advisedly still does) I can confirm that this was an example of at worst, unthinking insult. Let's require an element of mens rea (and no, recklessness doesn't count) before bandying the racism tag around with wild abandon, particularly where the accusation, as in Mary O'Rourke's case, is wildly at odds with the evidence of her strong commitment to multiculturalism.

Also, on Newstalk 106, she didn't just congratulate the woman on getting asylum, she said something along the lines of "well done for getting asylum or whatever you had to do to get your papers". She did leave open the migrant worker alternative. Let's be fair.


On the first point I put it to the Baby Barrister that her mother is also racist. In fact we are probably all racists. Trixibell reminds us of the kinds of words we might have used in our youth (maybe still do when trying to choose which starter we want) and while this age of racial awareness came about when our language and sayings were still being formed that's not so for O'Rourke. Her language and idioms would have been pretty solid by the time Ireland became a country of immigration. Perhaps she gets more slack for that?? That said there is something exceptional about casual racism, particularly from a politician who has been at the heart of Ireland's move to multiculturalism. Deliberate comments are easily censored for 'no words', off the cuff remarks are perhaps more true to someone's real character. If so, should the record really introduce balance against the language??

 

But - It Might Turn Me Gay!

The citizens of Salt Lake City, Utah will have to travel further than their local cinema if they want to take a look at Brokeback Mountain after a multiplex decided to pull it from their schedule. They, of course, declined to comment.

Will someone please explain to me what people find so frightening about a movie? Apart from Larry David’s satirical fear that it will turn him gay (he’s very suggestible apparently…) I have seen no logical reason for the fear that this film appears to have espoused. We see movies about men and women overcoming the odds and forming tender, loving relationships all the time and so far they’ve failed to make me straight. Perhaps we queers just have better resistance??

The Larry David piece is hiding behind the NYT Select firewall so here’s the text, via the SternFanNetwork

Cowboys Are My Weakness
By LARRY DAVID
SOMEBODY had to write this, and it might as well be me. I haven't seen "Brokeback Mountain," nor do I have any intention of seeing it. In fact, cowboys would have to lasso me, drag me into the theater and tie me to the seat, and even then I would make every effort to close my eyes and cover my ears. And I love gay people. Hey, I've got gay acquaintances. Good acquaintances, who know they can call me anytime if they had my phone number. I'm for gay marriage, gay divorce, gay this and gay that. I just don't want to watch two straight men, alone on the prairie, fall in love and kiss and hug and hold hands and whatnot. That's all.

Is that so terrible? Does that mean I'm homophobic? And if I am, well, then that's too bad. Because you can call me any name you want, but I'm still not going to that movie. To my surprise, I have some straight friends who've not only seen the movie but liked it. "One of the best love stories ever," one gushed. Another went on, "Oh, my God, you completely forget that it's two men. You in particular will love it.""Why me?""You just will, trust me."

But I don't trust him. If two cowboys, male icons who are 100 percent all-man, can succumb, what chance to do I have, half- to a quarter of a man, depending on whom I'm with at the time? I'm a very susceptible person, easily influenced, a natural-born follower with no sales-resistance. When I walk into a store, clerks wrestle one another trying to get to me first. My wife won't let me watch infomercials because of all the junk I've ordered that's now piled up in the garage. My medicine cabinet is filled with vitamins and bald cures.

So who's to say I won't become enamored with the whole gay business? Let's face it, there is some appeal there. I know I've always gotten along great with men. I never once paced in my room rehearsing what to say before asking a guy if he wanted to go to the movies. And I generally don't pay for men, which of course is their most appealing attribute.

And gay guys always seem like they're having a great time. At the Christmas party I went to, they were the only ones who sang. Boy that looked like fun. I would love to sing, but this weighty, self-conscious heterosexuality I'm saddled with won't permit it.I just know if I saw that movie, the voice inside my head that delights in torturing me would have a field day. "You like those cowboys, don't you? They're kind of cute. Go ahead, admit it, they're cute. You can't fool me, gay man. Go ahead, stop fighting it. You're gay! You're gay!"

Not that there's anything wrong with it.

 

Mary O'Rourke

Oh Mary, Mary quite contrary
Why couldn’t you watch your mouth?
With racist nephews and no safe seat
Your polling’s gonna go south

Mary O’Rourke managed to bag the nomination for a Fianna Fail seat in Athlone last night. And then she went and ruined it all by using a stupid simile like ‘working like blacks’.

If you fancy watching the political equivalent of a train wreck – and if you haven’t seen enough in the past years of the Bush presidency – Maman Poulet provides a link to the RTE News story.

The Irish Independent piece is here complete with plenty of politicial friends and foe all saying that O’Rourke has an excellent record on immigration and refugee issues (which she does) and wouldn’t have meant any offence by the phrase but that it was an unacceptable use of language in this day and age. I suspect her record will save her from ‘racist’ allegations sticking, but a race relations/sensitivity course wouldn’t go amiss.

How much difference do we really think this will make to the average voter though??

Also talking about this: Maman Poulet, Potatriotique, Realitycheck(dot)ie , Hugh Green, Damien Mulley
Update Joining the debate are A Sting in the Tale, Maman Poulet (second post), Slugger O'Toole, Most Sincerely Folks and The Dossing Times

Sunday, January 08, 2006 

Ed Kennedy Questions Alito's Credibility

Edward Kennedy has some concerns about Samuel Alito, which he expands on in this WaPo piece. Basically they can be boiled down to (a) views expressed in a 1986 job application about political philosophy, (b) membership of Concerned Alumni of Princeton (an organisation formed out of concern for the influx of women, Hispanics and other minorities to the university), (c) failure to recuse himself in an appropriate case, (d) fears of impartiality in favour of the Government and (e) fears that he allows his personal beliefs to influence his decisions.

It's an interesting piece that simply raises questions - some perhaps more meritorious than others but most of which will probably arise in the confirmation hearings this week.

 

Chomsky Divides

Richard Waghorne is disappointed with Amnesty International (in fact he's slightly more than disappointed) for inviting Noam Chomsky to give their annual human rights lecture. Chomsky might be said to have dubious credentials in the human rights scales as a result of writings that could be interpreted as supporting intolerant regimes - then again, the US administration supports repressive regimes when it suits them. However, just as Waghorne is denouncing the Chomsky invitation gifted legal philosopher and excellent social commenter Brian Leiter is reflecting on a Newsweek interview with him. Leiter's conclusion?

It is striking how the craven extremism of Bush & his bestiary of madmen is prompting even the mainstream media to acknowledge Chomsky's analysis of U.S. conduct: it fits the evidence so well that even journalists can no longer ignore it.

Update In the comments 'Anonymous' says:
Chomsky is often accused of supporting unsavoury regimes because he demands that the same standards (moral standards and standards of proof) be applied to the west as are applied to unfriendly regimes...there is a difference between the crimes of official enemies and the crimes of official friends.

Chomsky's mistake - if you can call it that - is to assume that his readers and critics will be as intellectually honest as he is. In fact his critics refer derisively to his "forests of footnotes".

Good observation I'd say. There certainly is a double standard in what we expect of countries we support and those we don't support and particularly in how we report the actions of those governments we support and those we don't. This trait isn't particular to the United States by the way, even the European Court of Human Rights has been guilty of it notably demanding more exacting standards of Greece during the time of the military junta than of the UK during 'the Troubles'.

 

The Symbolism of Salim Hamdan

There's a fantastic piece in the New York Times Magazine on the symbolic importance of the Hamdan case in the US. Hamdan is perhaps the most high profile Guantanamo detainee and has mounted an impressive legal battle that we can only hope will not be wiped out as a result of the Graham amendment. The NYT piece is long but worth the read. Here's what I consider the money quote:
Last August, Hamdan joined a prisonwide hunger strike to protest the conditions on Guantánamo. The detainees' numerous demands included the return of religious books that had been taken from them. When Swift next visited Hamdan in late August, he found him unusually intransigent. For two days, Hamdan refused to meet with him altogether. Not long after Swift returned home to Northern Virginia, he got a call from another lawyer at Guantánamo informing him that Hamdan, a slight man to begin with, had passed out from dehydration in his cell and was taken to the medical clinic at Delta and put on an IV drip. Swift flew back down to Guantánamo Bay almost immediately and managed to persuade Hamdan to start eating again by appealing to the same sense of solidarity that he says prompted him to join the strike in the first place. The best way to help his fellow detainees, Swift told him, was not to martyr himself but to follow through on their challenge to the system.

Like the government, Hamdan's lawyers also see him as much more than a detainee; to them, he represents the pretext for a historic and unconstitutional presidential power grab. As Hamdan's lawyers and other critics see it, the administration, by unilaterally creating the tribunals, defining the offenses and handpicking the panels, is not only denying detainees fair trials, it is also violating bedrock principles of the American government. To put an even finer point on it, they say the Bush administration is undermining the very values it purports to be defending in its war against Islamic extremism. They would like to see Hamdan and other enemy combatants tried before a traditional military court, a pre-existing legal system approved by Congress with built-in provisions for the complications that arise during wartime.

 

Is it OK to Make Fun of 9/11?

Albert Brooks thinks so. Today's NYT reports

FRESHLY returned from the Middle East, where his new film, "Looking for Comedy in the Muslim World" had its world premiere as part of the second annual Dubai International Film Festival, Albert Brooks sounded exhausted, elated and relieved.

In "Looking for Comedy in the Muslim World," Mr. Brooks plays a comic on a somewhat dubious government mission. "I had the head of a studio telling me that this would cause a fatwa," Albert Brooks says. "This had never happened before," said Mr. Brooks from Los Angeles. "There's been no other American comedy that's made light of anything after 9/11. Nobody knows what will happen. The audience could stand up and walk out, they could boo, who knows? I don't have any road map here. I was told that, 'We think it will be O.K.,' but I was also told that people don't mince words here. If you hit the nail wrongly, it's like your thumb: you know it right away."

 

Let Prisoners Earn the Minimum Wage

and thereby reduce the rates of recidvism. Sounds like the simplest idea in the world doesn't it? I hope that it works and think that it should.

I remember visiting Spike Island a few years back and speaking to the Governor who lamented the cycle of crime that tended to kick in after a stint in prison. The inmate has often, during the period of incarceration, lost contact with family, they have very often lost their homes particularly if they were in rented accomodation, they have lost their jobs and find it next to impossible to get a new one, so they leave prison with no money, little or no support structure and little means of getting back on their feet apart from jumping directly back into crime again. At least if they were allowed to work and earn the minimum wage they would build up a skills base and some savings - enough for a few months rent somewhere at least - and have some viable alternative to recidivism on leaving prison.

Jon Robbins has an excellent piece on just this idea in today's Observer

 

Force Feeding in Guantanamo

You may remember the hunger strikes in Guantanamo and the pracitce of force feeding that I wrote about here. Today's Observer has a piece detailing the medical complications of force feeding the prisoners in Guantanamo and some detail on the legal implications. Here's a snippet:
New details have emerged of how the growing number of prisoners on hunger strike at Guantánamo Bay are being tied down and force-fed through tubes pushed down their nasal passages into their stomachs to keep them alive. They routinely experience bleeding and nausea, according to a sworn statement by the camp's chief doctor, seen by The Observer.

...

The London solicitors Allen and Overy, who represent some of the hunger strikers, have lodged a court action to be heard next week in California, where Edmondson [the doctor] is registered to practise. They are asking for an order that the state medical ethics board investigate him for 'unprofessional conduct' for agreeing to the force-feeding.

Edmonson's affidavit, in response to a lawsuit on behalf of detainees on hunger strike since last August, was obtained last week by The Observer, as a Guantánamo spokesman confirmed that the number of hunger strikers has almost doubled since Christmas, to 81 of the 550 detainees. Many have been held since the camp opened four years ago this month, although they not been charged with any crime, nor been allowed to see any evidence justifying their detention.

This and other Guantánamo lawsuits now face extinction. Last week, President Bush signed into law a measure removing detainees' right to file habeas corpus petitions in the US federal courts. On Friday, the administration asked the Supreme Court to take this retroactive, so nullifying about 220 cases in which prisoners have contested the basis of their detention and the legality of pending trials by military commission.

 

Secret Sex Lives of The Suits - But Does it Really Matter?

The Sunday Tribune claims to have a source on the Sinn Fein spy ring in Stormont. Now to be honest I really couldn't care less if it existed or not, but I am intrigued at what it appears they were looking for information on. Here's some of the article in today's paper:

SINN Fein politicians and employees looked for compromising sexual and financial details on unionist party members during a year-long Sinn Fein/IRA spying campaign at Stormont. Details of the alleged spy ring, the existence of which has always been denied by Sinn Fein, have been given to the Sunday Tribune by a member of the party's Stormont team.

...

According to the source, an Assembly member, whose name is known to the Sunday Tribune, instructed other Sinn Fein representatives and staff to gather information on unionist Assembly members. "We were told to find out any weaknesses they might have . . . how much they drank, where they drank, who they drank with, " the source said. "We were told to find out if they had a gambling problem or money difficulties, if they cheated on their wives, who they were sleeping with, if any of them were gay."

I understand perfectly why it might be useful to find out if a politician is in financial difficulties, especially given their position of power and the accompanying bribe-ability, or suffers from some kind of addiction that might affect their capacity to do their jobs well like alcoholism or drug addiction but why are political opponents so obesessed with their rivals' sex lives? Does who one has sex with have any bearing whatsoever on their capacity to do their job? In practically all cases the answer is no. I'm sure it would be a different story if one were to discover that a prominent Unionist was the secret sex slave of a Republican heavyweight but absent such extraordinarily unlikely scenarios I can simply see no reasonable justification for exploring other people's sexual activities.

Now don't get me wrong, I understand why they do it. People care about who their politicians have sex with. They care about what they believe that choice says about politicians' values and integrity. In fact they care so much that even people who spend half their week watching pay-per-view porn and the other half tied to a bedpost and being whipped by a high-class call-girl will be shocked out of voting for someone because they had an affair, kiss other boys or enjoy a racy novel now and again. We somehow expect our politicians to be perfect; to be the model citizen - the person we are not. As long as we expect that and insist on it politicians will continue to lie to us and other politicians will continue to shatter privacy and exploit our expectations for political gain. It will only be when we accept that politicians are people too with vices and preferences and private lives and love affairs and friendships and bank loans and histories and messed-up teenage children that they will stop being afraid of their personality and history, that they will start being honest, and that they will finally be able to free up some of that worrying-time and get on with the business of governance.

 

A US-Iran Alliance ... of the Spiritual Kind??

The WaPo has a great piece on the meeting of minds between Pat Robertson and President Ahmadinejad, which will have to do as my Sharon commentary for now... They get it mostly right, except I disagree with their assessment of Robertson as "only pathetic" and not also dangerous.

CHRISTIAN television evangelist Pat Robertson and the president of Iran, Mahmoud Ahmadinejad, have a well-established affinity for the outrageous. This time their mutual embrace of indecency places them in a category all to themselves. As Ariel Sharon lies hospitalized and critically incapacitated by a massive stroke, Mr. Robertson, one of America's best-known religious extremists, and his Iranian counterpart -- no slouch when it comes to religious demagoguery -- suggested that Israel's prime minister had it coming. Speaking on his TV show, "The 700 Club," on the Christian Broadcasting Network, Mr. Robertson said the Bible "makes it very clear that God has enmity against those who 'divide my land.' " Mr. Sharon, Mr. Robertson asserted, "was dividing God's land, and I would say woe unto any prime minister of Israel who takes a similar course." As Mr. Robertson was offering up his thoughts about a man fighting for his life, Iran's president was expressing unrestrained hope that Mr. Sharon would simply die.

Pat Robertson and Mahmoud Ahmadinejad are probably beyond the point where they can be reached by embarrassment or shame. But they are not beyond the kind of strong condemnation that they have richly earned. We need not recite the records of contemptible remarks made by both men in the past. There is little reason to believe that either will cease his disgraceful behavior. Mr. Ahmadinejad, the president of a country with a lamentable human rights record and a nuclear program, is dangerous, where Mr. Robertson is only pathetic. But they share a self-righteousness that blinds them to the distance that they have placed between themselves and the majority of people who find their remarks repulsive. It's sufficient to know, we suppose, that at a time when messages of hope are flowing from around the world to the bedside of Ariel Sharon, Pat Robertson and Mahmoud Ahmadinejad still have each other.

Saturday, January 07, 2006 

Questions for Alito

Potatriotique links to this article by Vikram Amar on Find Law in which offers guidance for the Senate Judiciary Committee on the Alito hearings which start on Monday. Good key points for them to bear in mind methinks, and good analysis from Potatriotique. Here’s hoping we can find someone next week who’s live blogging the hearings…

 

Thought Provoking Suicide Bomb Footage

MetaCafe have footage of a suicide car bombing at what seems to be an army checkpoint in Iraq. If you wish to view it here's the link. Watching it's had a quite strange effect on me actually - it's easy to detach yourself from these things when you hear about them on the news every day. It must be so different to live with it when every single ordinary scene of an ordinary day carries the threat of such an extrordinary event.

 

Ah now don't be cross with us

Richard Waghorne is cross with us for not talking about Ariel Sharon although he vows to blog on it when he has time. I wonder whether he has ever thought that time might be the very reason many of us have not yet blogged on Sharon? I’ve a draft somewhere on it but insufficient time to do it justice as I’m sure is the case with many. On a broader point he feels the Irish blogosphere is light on foreign relations/foreign affairs commentary. Not sure I agree there. There’s plenty on international law on this blog as well as international institutions and Free Stater does lots and lots on international affairs.

 

Charles Kennedy Says Goodbye

As predicted, Charles Kennedy has lost his position as leader of the Lib Dems although I hadn’t expected that he would actually resign. He had a very successful tenure, however, and made massive gains for the Lib Dems and for that he should be commended. Here’s hoping their next leader (whoever that might be) keeps the ball rolling.

Update The BBC News site now carries this story which includes a confirmation from Menzies Campbell that he will stand in the forthcoming leadership election. Good - he seems a good guy and very capable. The Lib Dems could do much worse. Alex Parsons also notes the inevitability of the resignation but seems a little less than enamoured with Campbell who he dobs 'Ming the Merciless'. Interesting...

 

A Little Alito

The confirmation hearings of Samuel Alito start this week and, while my initial reaction was a positive one, so much information has come out in the intervening weeks (presumably that’s the reason the Democrats insisted on postponing the hearings until after Christmas) that it’s difficult to be sure whether I think he should be confirmed or not.

One the one hand I stand by my initial assessment that he’s an exceptional lawyer and a fair minded individual. On the other hand many of his political beliefs conflict with mine and his nomination by an administration like Bush’s is unfortunate for him.

A classmate of his from Yale has written an op-ed piece in the New York Times dealing with more of the less the same dilemma. It’s well worth a read, but here’s a snippet:

In our class Sam was respected for his intellectual ability. He was quiet, but when he did speak his remarks were thoughtful and to the point. He wasn't showy or pretentious. He listened to others. I can't recall Sam prejudging an issue or reaching arbitrary conclusions. He worked hard and was never ashamed of that, even at a school that favored the appearance of effortless brilliance.

Since announcing the nomination of Judge Alito, the Bush administration has conducted a high-powered marketing campaign to sell him to the public. Such efforts anticipate and seek to thwart hostile confirmation hearings like those that sank Robert Bork. But neither a witch hunt at the Senate nor a hard sell from the White House will afford Sam Alito the confirmation process he, or the country, deserves: one as thoughtful and measured as the legal mind it considers.

The pain of living in a pluralistic society is that sometimes my ideas prevail, but sometimes the prevailing idea is yours. When we disagree on policy, my best investment is in leadership that is fair, concerned for the welfare of the American people, and devoted to our Constitution. Many feel that the current administration comes up short in these areas, but that doesn't mean that everyone it taps for service does. I cannot, for example, imagine Sam Alito disparaging the right of an accused person to remain silent at trial.

The president took the high road on this nomination. He juggled his politics and his public relations, and while I don't like either, I have to be grateful for the quality of lawyer, and individual, who emerged as the nominee. We have to decide whether the unfortunate tradition begun with Robert Bork's nomination should be continued indefinitely or whether, with the wisdom of hindsight, we exhume it only when absolutely warranted. Liberals among us have got to get real - to press for the finest jurists a conservative administration is willing to offer, and to spend our capital in that pursuit.

 

Holiday Musings

Tim Neville has a great piece in today’s New York Times travel section about visiting the Galapagos and kayaking around them. The photography is just spectacular and has made me exceptionally jealous, particularly since today is being spent in the middle of working our the 'law and morality' section of a paper I'm writing which is making me come very close to losing my mind. Burying myself in holiday daydreams is, therefore, a far preferable exercise.

We had a plan to visit Peru and the Galapagos this summer but it’s been postponed as A wants to improve her Spanish further before we go (she’s studying it here twice a week) so we’ll go next year. We were also interested in finding an ecologically responsible way of doing the trip – this article provides some guidance there. I really really want to be going there this year now though, although we will get to take two holidays this year for the price of the one I really wanted so I suppose that’s fair enough.

We always seem to go on holidays at strange times though – May and September mostly. It’s because of my work schedule – unfortunately I don’t get the entire summer fully off as I teach on this course for the summer months so we try to grab a few weeks here and there between summer teaching and the main undergraduate teaching. May should be fine this year – I think we’re going to Santorini and the weather should be warm enough – but I’m a little worried about how warm France will be in September. We’re going for three weeks (I need to practice my French…) – I guess I’ll just have to insist we pick three good warm places to spend them!

 

Helping out with the Irish Blog Awards

I've noticed that most people, including me, have posted about the opening of nominations for the Irish Blog awards but that Damien is still absent prizes and a definite venue. I wonder whether we should think about rounding up some prizes for him. If anyone has any contacts with business or wine importers or whatever perhaps we could think about hitting them for a prize and donating it to Damien for the event?? I'm guessing we don't need anything major - book token or a bottle of champagne or whatever, although maybe something a bit bigger for best blogger and best blog??

 

Understanding Education

Richard Waghorne posts about Garrett Fitzgerald’s new research linking leaving certificate results to third level performance and comments:



The paper claims that this will come as a surprise to "education specialists". I certainly don't claim to be a specialist, though I was twice elected to UCD's Academic Council, and judging from my time served and my discussions with academics I'll confidently predict that they'll find this "ground-breaking" report about as surprising as the news that students are, still, mostly opposed to fees. The only thing that's truly surprising about the report (the fawning coverage certainly isn't) is that an ex-Taoiseach bothered conducting it. Pretty much any parent or academic in the country could have told him as much.


Not so. The skills required for success at Leaving Certificate level and the skills required for success at honours degree level are quite different. Generally speaking LC exams require high levels of memory retention and learned off analysis and little else. Honours degrees require much more, however, particularly where a level of continuous assessment is required. My students, for example, in semester one will have done two 2.500 word assignments, a compulsory but pre-seen question on the links between market-economy and the development of land law and three regular unseen questions in a closed book examination. The assessment therefore runs the gauntlet of analysis, independent research, thinking, linkage, memory retention, application, issue identification, critical analysis etc… You would never get a course at leaving certificate level that requires that kind of range of skills and abilities. The two systems are entirely different, or at least they are if third level education is done properly, and so this research is important.

My view is that with students on either side of the extreme (under 300 and over 500) there is probably very little difference in their university/college performance to their LC performance. There are of course exceptions, like children who go to grind schools where everything is fed to them piece by piece and drop down of shock when they’re given a five page reading list for the semester and don’t quite understand they actually do have to read and understand all of those texts. When it comes to students in the middle at leaving certificate level however, 300-450 points or thereabouts, I am surprised that there’s some kind of connection between their LC and third level results.

P.S. I would have placed this as a comment on Sicilian Notes but the comment facility isn’t working for me. I’ve had this problem for a few weeks with Disillusioned Lefty as well btw.

Friday, January 06, 2006 

Nollaig na mBan

Whatever the disputes about the existence of Jesus there can be no doubt that, if there was a manger with a baby called Jesus in it, the three visitors who arrived were men. gold, frankincense, and myrrh – what awful presents for a newborn baby; only a man could think them suitable. Everyone knows that the perfect baby present is a subscription to a babysitting service, an offer to change at least one nappy in the foreseeable future and a promise not to wax lyrical about the crazy-sexy-cool social life of a baby-free twenty-something. Ever since I became aware of the traditions of Nollaig na mBan (which were never really put into practice in my family home) I’ve been convinced it’s penance by all men for bringing such terrible and useless gifts (even the gold could have been rethought: everyone knows it’s diamonds that new mothers really want…as well as a very good support bra).

Nowadays I suspect there are few households in which wives, mothers, girlfriends etc… get to put their feet up and relax while the male members carry out the domestic duties without grumble or complaint. In our house I think we’ll simply institute a policy of neither of us doing anything and allowing the house to fall to pieces around us (how much harm can one day do?) in the absence of a male volunteer to iron, hoover, cook and wash up (to acceptable levels of cleanliness and neatness). So it’s a day of domestic disarray…and enjoying the commemorative posts on Winds and Breezes.

Update With thanks to the characteristically calm and good-natured clicky of potatriotique for this spelling class (end of page one).

 

Search the Damn Planes

I recently noted that the Irish Human Rights Commission called on the Government to investigate US plans going through Shannon as a result of fears that people are being rendered through the airport. It seems that the Council of Europe (the organisation from which the European Convention on Human Rights comes) has written to the IHRC commending them for their action on this. Meanwhile, as RTE reports, the Government continues to accept US assurances

A spokesman for the Minister for Foreign Affairs, Dermot Ahern, said that the Government was cooperating fully with the Council of Europe's investigations into allegations of so called extraordinary renditions. He said that it remained the case that the US had given repeated assurances to the Government that no prisoners had been transferred through Shannon and there was no independent evidence that this had taken place.

Surely the sensible thing to do - and the moral imperative - is to suspend these stopovers until the completion of an investigation and the completion of an agreement with the US that (a) no renditions will be done via Shannon and (b) there can be random spot-checks on the planes by the Gardai and/or Irish army.

Of course there's no chance our Government will have the backbone (or desire) to insist on any such agreement

 

Do You Think This Means Ann Althouse is Now Some Kind of Sub-Culture?

Someone's started a satirical blog taking the proverbial out of Ann Althouse. I wonder whether it's one of her students....

Altmouse via Free Stater

 

Annus Horribilis for Irish Newspapers

Vincent Brown is none too happy about the conduct of the Irish newspapers in 2005, particularly newspapers within Sir Tony O'Reilly's stable. The three incidents he identifies (Myers and the MoB disaster, the censoring of Justince McCartney and the reporting of the circumstances of Liam Lawlor's death) were all shameful instances for the Irish media. I wonder, however, how he'd rate the performance of Village this year. I used to buy it weekly but then it felt like one big moan so I don't buy it any more although I sometimes browse its online archive.

Thursday, January 05, 2006 

George Orwell Must be Turning in His Grave

Celebrity Big Brother started tonight. I watched it. I didn't like but, nevertheless, I know I will watch it over the next few weeks. My quasi-addiction to reality tv is worrying, but not as worrying as that collection of celebrities in the same confined space.

Day One Sympathy goes to Faria
Day One 'Do You Know How Desparate You Look' Incedulity is directed at Rula Lenska
Day One Most Annoying Prize goes to Gorgeous George (he hasn't done anything...apart from being there that is)

I wish Sinead's gossip from this morning had been right. I'd have enjoyed seeing Boy George in the house. Oh well.

 

He Came, He Drank, He's Leaving?

So Charles Kennedy finally stumped up about his 'drink problem' today. The Lib Dems' avoidance of the term 'alcoholism' is notable methinks. I was interested to hear the comment on Newsnight that the drinking was an open secret in Westminster. I do hope they don't think that was the only place it was known - since his days in the Glasgow Union many tales of Kennedy's vices have been circulating on the university debating circuit and you can be sure they've gone from there into many other social circles...complete with the obligatory gossip-tag-ons.

He's called for a leadership contest. I have the feeling he won't have to call twice.

 

Who to Pick?? Irish Blog Awards Open Nominations


Damien Mulley has opened phase one of the Irish Blog Awards, complete with a snazzy logo!! The categories and means of nomination are detailed here.

 

Wonker??

The blog world (and the WaPo) is awash with excitement about Article III Groupie's move to Wonkette and Cox's change to writing blovels. David Lat pulled off the satirical drag show on Underneath Their Robes and there's no reason he won't do the same on Wonkette, although I wonder whether our knowledge of his penis will make AIIIG less entertaining?? Alex Pareene also gets a gig on Wonkette. He's commonly described as a 20 year old drop out from NYU.
I knew all this studying business wasn't worth it.

 

Do you think he could get a job at that Christian theme park in Israel?

Oh how the mighty fall…hypocritical old closet-case. Then again, everyone knows that post-orgasmic glow is the best time for “ministering to people”.

A leader of the Southern Baptist Convention has been arrested in Oklahoma City on a lewdness complaint for allegedly propositioning a plainclothes policeman.

Police say the Reverend Lonnie Latham was arrested Tuesday night in a motel parking lot after soliciting an officer who was posing as a male prostitute. Latham is pastor of South Tulsa Baptist Church and is on the executive committee of the Southern Baptist Convention. He has spoken out in the past against homosexuality and same-sex marriage.

After posting bond, Latham told K-F-O-R T-V in Oklahoma City that he was set up, and was in the area ministering to people.


From KXAN, via Fastlad

 

Auf Wiedersehen Goodbye

Noel Davern bows out of politics. This opens up an interesting seat in Tipperary South for the next election although I’d wager Maman Poulet won’t be the only one who’s not sorry to see him go. His tenure as Minister for Education is generally seen as one of the darker spots in Tipp SR’s political history.

Wednesday, January 04, 2006 

Toothless SCOTUS Allows Padilla's Tranfer for Trial

I recently noted how the 4th circuit found teeth in the Padilla case. The Counterterrorism Blog reports that the Supreme Court reversed that decision and turned Padilla over to the Justice Department to stand trial in Miami. The full story, including some good background, is here.

 

The Sky is Falling In - UK Happy to Accept Torture Evidence

Lenin’s Tomb has an excellent piece on worrying news about the UK’s approach to evidence obtained by torture in Uzbekistan. Craig Murray, former UK ambassador to that country, is writing a book and, although he has been prohibited from including certain documents in the book some of them have made their way into the public domain. The documents clearly show that the UK government finds evidence obtained by torture to be useful in their fight against terrorism and, while they won’t admit it in evidence (as the House of Lords recently confirmed they were not permitted to do) they will nevertheless accept it and use it in their fight against terror.

Murray rightly identifies problems with complicity in torture as prohibited under Article 4 of the UN Convention on Torture but what’s almost most worrying about this is that the recent torture evidence case in the House of Lords tends to suggest that accepting such evidence and using it in military planning etc… might be acceptable.

Does anyone else ever look around and think that the world is quite simply falling apart around our ears?

More on this on Perfect, Tim Worstall and Crooked Timber and in mainstream media (links collected in the perfect.co.uk post)

 

Goodbye to Liberty: US Gov Moves to Implement the Graham Amendment

It seems our fears have been fulfilled. The US government is taking swift action under the Graham amendment (which I considered here) and applying for all Guantanamo applications to be dismissed. The amendment strips those detainees of habeas corpus rights. Habeas is a writ whereby people can go to court to challenge the legality of their detention. It’s known as the ‘Great Writ’: the ultimate means by which an individual can protect themselves from the tyranny of the state. By removing it we remove from Gitmo detainees the last remaining protection against the State. Here’s hoping the US Courts find it unconstitutional.

The New York Times has more

 

Ho Hum - Religious Title Day?

I’ve just realised that last post is the second one today on my blog to have a religious theme to its title. Apologies to all of the Christians who have been flowing in today as a result of ‘God’ in the title to an earlier post.

 

Christianity is Fun!?

I had to snigger at this story of plans for a Christian theme park, especially since I had a Simpson’s episode on in the background today in which Ned Flanders established just such a theme park. The Simpson’s version was a failure but I doubt the same fate awaits the real-life theme park although its location may be something of a stumbling block to huge crowds. The plan is to build it in Israel, beside the Sea of Galilee.

And who is the entrepreneur behind this venture? It’s none other than Pat Robertson.

I think I’ll probably give it a miss….

Daedalus points us towards this rather frightening Floridian Christian themepark, the 'Holyland Experience'.

 

Another Reason to Fly to Cork

So rail fares will rise by an average of 3.8% tomorrow. No chance of a raise in quality of service I presume. Well that’s it settled – I’m taking Ryanair to Cork on Monday.

 

Snazzy Banners from Londinium

Congrats to London Denizen on a snazzy new banner for his blog. I do wish I had some technical prowess.

 

More Things Mark Steyn Just Doesn't Get

Slugger O’Toole links to this December column in the Spectator by Mark Steyn who again shows himself to be suffering from kind of written Tourette’s syndrome and missing the ‘stop and think’ censor mechanism (free registration required). He’s going all overboard about the police contacting Lynette Burrows after she described same-sex adoption as ‘risky’ on BBC Live at Five. No charges were brought, no crime was alleged; the police simply contacted her about the potentially homophobic nature of the comments. Steyn seems to think this is tantamount to the Ayatollah putting a fatwah on Rushdie’s head and that it signifies the ushering in of a police state.

Ok so it was a strange thing for the police to have done – she didn’t express her opinion aggressively or violently, she merely expressed it so you could call it an over-reaction. But at a time when huge social change is being undertaken in the UK with regard to queer rights the police appear to have been acting cautiously, perhaps alerting Burrow to the potential for heightened homophobic ‘sensibilities’ in the following days (when the partnership legislation was coming into force). Maybe Steyn should pipe down and worry about the police contacting him over this disgustingly homophobic passage:

So no crime was committed. Yet Mrs Burrows was "investigated" and a report about the "incident" and her involvement in it is now on a government computer somewhere. Oh, to be sure, the vicious homophobe wasn't dragged off to re-education camp - or more likely, given budgetary constraints, an overcrowded women's prison to be tossed in a cell with a predatory bull-dyke who could teach her the error of her homophobic ways.

P.S. what do men have against ‘bull dykes’ anyway? Maybe it’s lack of familiarity as they don’t see too many of them in their cheap and nasty ‘lesbians for straight men’ pornography?

 

The Big Fellow and the GAA

The GAA President, Sean Kelly, has indicated that the organisation should honour Michael Collins by naming a trophy, stadium, whatever after him. Balrog agrees, but I wonder what the level of division this proposal engenders will tell us about the state of modern Irish politics? Or will there be any division at all?

Balrog rightly says if it’s a stadium it should be in Munster, but if it’s a trophy should it be for hurling, football, handball or camoige?

 

Catholic Universities and Faculty Bedrooms

University Diaries brings this story to my attention: St Thomas University (a Catholic institution) has asked faculty members who are in unmarried relationships to get separate rooms when on university trips. Extreme? You betcha. Surely there’s only so far that a university’s ethos should extend to an employee’s private affairs and into the teaching and research of the University – should they be precluded from having meat on any Friday afternoon seminar menus, forced to schedule mass on Sundays and suspend lectures at noon and six o’clock so that students can partake of Angelus prayers?

I love the quote from Professor David Landry in a recent university newsletter: “If sin and vice become disqualifying factors for university employees, then students might have to start teaching themselves".

He presumes rather a lot about students’ moral score sheets, don’t you think?

 

Disgusting film project, or just challenging and uncomfortable?

Ann Althouse is blowing a gasket about the upcoming Chapter 27 – a film about the killer of John Lennon – which she calls a “disgusting film project”. She’s worried it’ll glorify the idea of killing someone; reinforce ideas that the road to notoriety lies in murdering famous people. Interesting perspective, but is she right? Were we to extend this logic then we should never make films about any kind of violence unless they include an underlying moral message, i.e. killing is bad, don’t do it. Indeed we should never allow for songs that glorify violence, video games that glorify violence, even biographies, novels and poems that glorify violence or lend notoriety to someone who commits an act of violence. We would never write or make anything that told the story of the killer. Isn’t art a means of exploring motive and rationale; a means of learning?

I can understand the discomfort but discomfort is good – it forces us to try to understand and through understanding perhaps we can come up with a method of prevention. I welcome the movie, just as I’d welcome a movie biopic of one of the 9/11 ‘pilots’, a 7/07 bomber etc

Disgusting? No. Challenging? Hopefully

 

The Burden of Proof lies on God

As part of what appears to be a very complex impersonation and abuse of belief case an Italian judge has ordered a priest to come before the court and prove that Jesus Christ existed. Two comments on this: first of all aren’t historians pretty much convinced that there was someone called Jesus who lived in 'the Holy Land' around 2000 years ago and was crucified? And second, well, how interesting a precedent would it be if the court decided that it could not be satisfied, on the balance of probabilities, that Jesus Christ existed? Wouldn’t that be tantamount to a court of law adjudicating that Christianity is based on a myth?

And the Christian coalition worries about being allowed to teach intelligent design in schools….

Update: CNN go with an opener on this that much resembles my ID quip ("Forget the the U.S. debate over intelligent design versus evolution. An Italian court is tackling Jesus...")

 

Iran, the Nukes and a Growing Portfolio for War

It seems Iran is assembling nuclear weapons – or trying to at least. Including, it appears, a ballistic weapon capable of reaching Europe. The portfolio for military action appears to increase in size daily, but does the US have the domestic support, the money, and the human resources for yet another military ‘intervention’?

 

Reforming the European Court of Human Rights - New Report

Lord Woolf has issued his report on increasing efficiency levels in the European Court of Human Rights, which includes a number of pretty sensible proposals:

  • The Court deal only with properly completed application forms;

  • Satellite offices be established in key countries producing high numbers of inadmissible applications;

  • Greater use be made of national ombudsmen and other methods of alternative dispute resolution be encouraged;

  • The Court should deliver more pilot judgments and then deal summarily with repetitive cases.

The report is available here. I’ll write more on the advisability of the proposals when time allows but for now congrats to (Irishman) Colm O’Cinneide for co-authoring the report and continuing his heady ascent into the highest echelons of legal academia.

Tuesday, January 03, 2006 

Important Developments

Some NB developments in the last few days during my blogging break include:

The McCain and Graham Amendments

President Bush has signed the defence appropriations bill that includes the Graham (stripping jurisdiction of federal courts to hear habeas challenges brought by alien enemy combatants) and McCain amendments (outlawing use of cruel, inhumane and degrading treatment on detainees by US personnel). He has also published his signing statements that show how worrying that Graham amendment actually is. Roger Alford has good commentary here and the signing statements can be seen here. Don't miss Marty Lederman on this on Balkinization; here's a sample:

Most importantly, as to the McCain Amendment, which would categorically prohibit cruel, inhuman and degrading treatment of detainees by all U.S. personnel, anywhere in the world, the President wrote:

The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks.

Translation: I reserve the constitutional right to waterboard when it will "assist" in protecting the American people from terrorist attacks. [UPDATE: Or, as Matthew Franck eagerly puts it over at the National Review, "the signing statement . . . conveys the good news that the president is not taking the McCain amendment lying down."]

You didn't think Cheney and Addington were going to go down quietly, did you? (And this even though they took their opponents to the cleaners by negotiating the Graham Amendments, which, by precluding substantial avenues of judicial review, are far more beneficial to their detention and interrogation policies than the McCain Amendment is detrimental.)

Questions of the hour: How, if at all, will McCain respond? And will these questions of presidential authority to ignore statutory restrictions on the conduct of war -- implicated as well in the current NSA wiretapping scandal -- be front and center in the upcoming Alito hearings?

The Graham amendment has major ramifications for habeas corpus cases including, potentially, pending cases (like the pending Hamdi Supreme Court case). In the end of the day the Administration didn't do too badly here, but how will the Supreme Court respond?

UN Reform

A New York Times report suggests a resolution on the new Human Rights Council will be achieved before March this year thus dramatically changing the face of international human rights law

Officials of the United Nations, which has struggled through a period of scandal and mismanagement, have decided they must act within weeks to produce an alternative to its widely discredited Human Rights Commission to maintain hope of redeeming the United Nations' credibility in 2006. The commission, which is based in Geneva, has been a persistent embarrassment to the United Nations because participation has been open to countries like Cuba, Sudan and Zimbabwe, current members who are themselves accused of gross rights abuses. Libya held the panel's chairmanship in 2003.

"The reason highly abusive governments flock to the commission is to prevent condemnation of themselves and their kind, and most of the time they succeed," said Kenneth Roth, executive director of Human Rights Watch. "If you're a thug, you want to be on the committee that tries to condemn thugs." Mark Malloch Brown, chief of staff to Secretary General Kofi Annan, noted that with two other crucial steps toward reform in place - a new Peacebuilding Commission to help countries emerging from war, and a biennial budget under an arrangement laying the groundwork for major management change by June - the rights commission had taken center stage.

 

Happy New Year

Happy New Year! Hope everyone had a good holiday season as things get back to normal, people return to work and balance is restored! Lovely Christmas here - the visit with the in-laws was successful, the presents were lovely, the food was great and the rest was most welcome! It's back to work for me now though with acres to get done before the 14th when I go to Pakistan. We have started to check out Santorini for a week in May though, the prospect of which is (thankfully) keeping me going!!

Now...back to work!

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