In Episode 13 of the CounterVortex podcast, Bill Weinberg deconstructs Trump's executive order ostensibly ending the policy of family separation on the southern border, and demonstrates how it actually lays the groundwork for indefinite detention of migrants on military bases. The Central American peasantry, expropriated of its lands by state terror, CAFTA and narco-violence, is forced to flee north—now into the arms of Trump's new gulag. The judiciary may yet pose an obstacle to enforcement of Trump's order, but this brings us to the Supreme Court's upholding of Trump's Muslim travel ban and the grim implications of Justices Anthony Kennedy's imminent resignation. With Congressional calls mounting for putting off confirmation of Kennedy's replacement while Trump remains under investigation over the 2016 electoral irregularities, a constitutional crisis is imminent.
The UN Special Rapporteur on the situation of human rights in Myanmar (Burma) Yanghee Lee on June 27 called for the Human Rights Council (HRC) to support an investigation by the International Criminal Court (ICC) into crimes against the Rohingya people. "I strongly recommend the persons allegedly responsible for the violations of international human rights law and international humanitarian law be investigated and prosecuted by the ICC or a credible mechanism," said Lee. She also called for the HRC to "establish an accountability mechanism under the auspices of the United Nations without delay." This mechanism would investigate abuses, determine the criminal liability of the perpetrators, and support victims. Lee expressed disappointment that the Security Council has not yet referred Burma to the ICC. She said that none of the investigations by the Burmese government have met international standards, and were likely initiated to distract the international community.
The US Supreme Court on June 26 ruled 5-to-4 (PDF) in Trump v. Hawaii that President Donald Trump's proclamation restricting entry from particular Muslim-majority countries was "squarely within the scope of presidential authority" under the Immigration and Nationality Act. The court also found that plaintiffs challenging the proclamation were unlikely to succeed on their claim that the ban violates the Establishment Clause of the First Amendment. Chief Justice John Roberts wrote for the majority: "[T]he Government has set forth a sufficient national security justification to survive rational basis review. We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim." The ruling overturns a preliminary injunction issued by the Ninth Circuit Court of Appeals in December, which blocked the policy from taking effect. The Supreme Court remanded the case back to the lower courts for "further proceedings."
From anonymous radical-right xenophobes in Britain came the call to make April 3 "Punish a Muslim Day." Letters were sent through the mail to addresses across England, calling for violent attacks on Muslims. The sick mailings assigned a point score for levels of violence from "Verbally abuse a Muslim" (10 points) to "Beat up a Muslim" (100 points) to "Burn or bomb a mosque" (1,000 points) to "Nuke Mecca" (2,500 points) Police were on alert, and women who wear the hijab were advised to stay home. No actual attacks were reported. There were also reports that some of the letters had arrived at New York addresses, causing the city's Muslim community to mobilize and the NYPD to beef up security. (BBC News, WPIX) The Daily News reports that Brooklyn Borough President Eric Adams joined multi-faith leaders at a press conference to condemn the threats. His comments there were laudable in intent, but revealing in their wording: "Our message must be just as loud. Not punish a Muslim, let's embrace a Muslim, let's embrace a Christian, let's embrace a person of Jewish faith, let's embrace the diversity that this city has to offer."
Thousands of Uighurs, members of the indigenous Muslim and Turkic people of China's far-western Xinjiang region, are currently being detained in "political education camps," according to international rights observers. "Every household, every family had three or four people taken away," said Omer Kanat, executive committee chairman of the World Uyghur Congress, based in Germany. "In some villages, you can't see men on the streets anymore—only women and children—all the men have been sent to the camps." One recent report put the number of Uighurs confined in "overcrowded and squalid" conditions at 120,000 just in Xinjiang's Kashgar prefecture. (CNN, Feb. 2; RFA, Jan. 22)
Bangladesh and Burma agreed Jan. 16 to complete the return of hundreds of thousands of Rohingya refugees within two years. According to a statement by the Bangladesh Ministry of Foreign Affairs, the repatriation will be completed within two years from commencement. Under the agreement, Bangladesh will establish five camps. They will then move the Rohingya from these camps to two reception centers established on Burma's side of the border. Burma will then shelter the Rohingya in temporary accommodations while rebuilding houses for them. Humanitarian organizations are warning that this time frame is insufficient to guarantee a safe and voluntary return. A representative of the UN Refugee Agency said the Rohingya should voluntarily return only when they feel that it is safe to do so. (Jurist)
Eleven Guantánamo inmates filed a writ of habeas corpus (PDF) in the US District Court for the District of Columbia on Jan. 11, claiming that their indefinite detention is due to President Donald Trump's anti-Muslim stance. The inmates argue they can only be legally kept at Guantánamo if their individual circumstances show that they would otherwise return to the battlefield. However, the suit claims that Trump's declaration that all Guantánamo inmates will remain in the prison camp does not take into account any of their individual circumstances, but instead is based on Trump's antipathy toward Muslims. Some of the petitioners have been at Guantánamo for the entirety of its 16 years in use as a prison. Two of the detainees were in the process of being cleared for release under the Obama administration, before the Trump administration put a stop to the release process for all inmates. The petition states that the indefinite detentions violate the due process clause of the Constitution.
UN High Commissioner for Human Rights Zeid Ra'ad al-Hussein raised the possibility that Burma's de facto leader Aung San Suu Kyi could face international genocide charges over the military campaign targeting the country's Rohingya Muslim people. "For obvious reasons, if you're planning to commit genocide you don't commit it to paper and you don't provide instructions," he told BBC News Dec. 18. "The thresholds for proof are high. But it wouldn't surprise me in the future if a court were to make such a finding on the basis of what we see." He emphasized that he spoke to her by telephone after his office published a report in February documenting atrocities committed during an escalation of violence that began in October 2016. "I appealed to her to bring these military operations to an end. I appealed to her emotional standing... to do whatever she could to bring this to a close, and to my great regret it did not seem to happen."