#public policy dispute resolution

[texasobserver]

“Will Texas Cities Stay Silent on Gaza?” by Gus Bova, from the Texas Observer:

Last Thursday, a stream of Austinites poured into their city hall and packed the council meeting chamber—some carrying signs, some with hands painted red, and many sporting black-and-white keffiyehs, headscarves that serve as international symbols of solidarity with the Palestinian struggle.

The activists were there to push the city council to pass a resolution calling for a ceasefire in the Gaza Strip. But since no such item was on the agenda that day, they’d simply booked all the slots in an open public comment period to make their case. 

“I am a Jewish mother; I am also the descendant of survivors of the Holocaust in Germany and the pogroms in Russia. I have been devastated every day watching this genocide unfold,” said Abigail Mallick, one of a series of Jewish speakers who addressed the council that day to oppose Israel’s recent military actions. “We must pass a ceasefire resolution. … We must join the growing chorus of voices saying ‘never again’—‘never again’ for anyone.” 

The testimony was part of a monthslong effort in Austin and other cities across Texas and the country to get local governments to weigh in on the tragedy unfolding across the world in Gaza, the 140-square-mile slice of Palestinian territory that abuts the Egyptian border and the Mediterranean Sea. Since October 7, when Hamas, the Palestinian militant group that governs Gaza, executed a horrific attack in southern Israel that left 1,200 dead and more than 200 kidnapped, Israel has retaliated by unleashing Hell on Earth for 2.2 million Gazans. As of late January, about 25,000 Palestinians have been killed with the majority being women and children, per the Gaza Health Ministry. A quarter of Gazans are starving, and nearly the entire population is displaced. 

South Africa has brought claims of genocide against Israel at the International Court of Justice; Israel denies the charges. Many scholars have warned for months of a possible genocide unfolding, though Israel’s defenders including the U.S. State Department dispute the claim.

Both Arab and Palestinian Americans are undercounted by the U.S. Census, according to the Arab American Institute, but Texas ranks among the top five states for both communities. The state’s biggest urban areas, especially Harris County and the Metroplex, all boast significant populations. 

The Texas Democratic Party was the first among all states to officially call for a ceasefire in Gaza; five of 13 Lone Star Dems in the U.S. House have also done so, in addition to the AFL-CIO central labor councils in San Antonio and Austin. Massive protests have been held across Texas cities, including one in November that was likely the largest demonstration at the state Capitol since the 2017 Women’s March. Nationwide, at least a couple dozen cities have passed ceasefire resolutions, including San Francisco, Atlanta, and Detroit. But, so far, Texas activists are running into brick walls with their municipal representatives as council members either stay silent or argue that endorsing a ceasefire would inflame divisions in their cities or that the issue is simply not a local matter.

At the Austin meeting last week, Council member Chito Vela told the pro-Palestine crowd that he personally supported a ceasefire and had signed an open letter to that effect. “However, I do not want this council to become embroiled in foreign policy matters,” he clarified. “These are far beyond our purview as a local government, and we have too many critical local issues that demand our attention.”

In November, Austin’s Human Rights Commission urged the city council to call for a ceasefire. Three council members issued a joint statement in December expressing their support, and activists believe these three would back a formal resolution. With a fourth member, they could force a vote, but—even in Texas’ most left-wing city—sufficient support remains elusive.

“Our city always was known for standing for human rights and for progressive values,” said Hatem Natsheh, a member of the recently formed Austin for Palestine Coalition and longtime local activist who was born in Palestine’s West Bank. “We need our leaders to stand with us and [against] these horrific crimes that happen to our community.”

Natsheh noted that the council has weighed in on foreign policy before with resolutions condemning ex-President Donald Trump’s Muslim ban and the 2003 Iraq invasion. He also observed that Mayor Kirk Watson, whose office did not respond to a request for comment, spoke at a pro-Israel event shortly after the October 7 attack. “We know that the City of Austin has no power over international issues, but we are not asking because of that,” Natsheh said. “We’re asking them to take a moral stand for humanity.”

Just down I-35, in San Antonio, pro-Palestine activists nearly secured a ceasefire vote earlier this month before a council member reversed course.

With three members supporting, which is enough to convene a special meeting in San Antonio, the Alamo City council was set to vote on a ceasefire resolution in either January or February. But earlier this month, Council Member Manny Pelaez withdrew his support, saying, “It became evident that this was causing more pain and anxiety than was originally intended.” Another council member, Jalen McKee-Rodriguez, called Pelaez’s decision “one of the weakest moves I’ve ever seen from any councilmember ever.” 

In late December, a group of Jewish leaders in San Antonio had written city council arguing that the resolution, “while well-intentioned, is morally wrong and will further endanger members of the local Jewish community.” Following Pelaez’s reversal, Mayor Ron Nirenberg penned a memo stating the special meeting was scrapped. In it, Nirenberg suggested the vote would have “exacerbate[d] trauma,” adding that “Wading into a complex and volatile international environment with an incomplete understanding could prove to be reckless.”

The ceasefire push has been led in part by San Antonio for Justice in Palestine (SAJP), a Palestinian-led group that existed prior to October 7 but has been revitalized in the last few months. The group works alongside others including the local chapter of Jewish Voice for Peace, which has coalesced pro-Palestine Jews across the country. “The call is coming straight from Gaza, straight from Palestine … that we need to do everything within our power to make calls for a ceasefire,” said Sara Masoud, a Palestinian SAJP core member and health science professor with family in the West Bank. She noted that the council in 2022 passed a resolution calling for a ceasefire in Ukraine and also contradicted Nirenberg, saying a “call for a ceasefire actually reduces trauma because it speaks on behalf of peace.” 

Masoud said her group and allies will keep working to find a third supporter to replace Pelaez.

In Dallas, council members approved a resolution on October 11 stating that the city “stands with Israel in its fight against Hamas.” Since then, as the death toll in Gaza has soared, Dallasites have repeatedly turned out to push the body to consider a ceasefire resolution. “It’s a city issue in that countless Palestinians here in Dallas have been affected by it, have lost family members,” said Sumayyah El-Heet, a Palestinian organizer with the Dallas chapter of the Palestinian Youth Movement (PYM). El-Heet said she knew of Dallasites who are mourning dozens of family members killed in Gaza. 

Dallas Council member Adam Bazaldua has authored a ceasefire resolution. Depending on the procedure used, Bazaldua told the Texas Observer, he needs either two or four additional supporters to trigger a vote. He said he has little patience for the argument that the matter is not a local issue or that it would distract from municipal business.

“I personally cannot stand that pushback on any particular item,” Bazaldua said, “because if we were elected and not expected to be able to walk and chew gum at the same time, then I don’t know why the hell we were elected.”

Down I-45, Houston has seen months of large pro-Palestine demonstrations and other events. The Bayou City has one of the largest Arab-American populations in the nation. While some council members have voiced support for a ceasefire, ex-Mayor Sylvester Turner—who left office at the beginning of this month—has said Houston City Council simply does not do resolutions of this sort. In an email, spokesperson Mary Benton told the Observer that Houston “does not have a history of issuing resolutions regarding global conflicts” or other issues beyond city administrative business, though she said she hadn’t yet discussed the matter with now-Mayor John Whitmire.

“Houston holds one of the largest Palestinian and Arab communities in the country right now; we have Houstonians who were trapped in Gaza for months,” said Fouad Salah, an organizer with the Houston chapter of PYM, which has been pushing city council unsuccessfully to take a stand on the issue. “We have Houstonians—I mean, myself, I have family, God rest their souls—who have been murdered in Gaza. … To be clear, a lack of calling for a ceasefire is an endorsement of the genocide of our people.”

[dontmeantobepoliticalbut]

A battle over LGBTQ+ books in a Virginia county may cost teenagers their right to visit the public library.

The chair of the Board of Supervisors in rural Botetourt County has decided the best way to ensure “parental rights” in the tiny rural area, pop. 34,000, is to send parents to the library with their kids.

Acting on a campaign pledge made in June before a primary election, board chair Donald “Mac” Scothorn (R) announced a proposal at the board’s July 31 meeting to prohibit anyone under 18 from visiting the county library without adult supervision.

It’s the board chair’s solution to a long-simmering dispute over LGBTQ+ content in the county’s four public libraries, pitting Botetourt County residents associated with groups like Moms for Liberty against free speech advocates.

The “parents’ rights” activists have pursued their book-banning agenda at school board meetings, filing removal request forms at the libraries and publicizing what they believe is inappropriate content for minors on a website likely available to minors.

For their part, the Board of Supervisors has issued two resolutions declaring “unwavering” support for the library system and staff, including one issued at the same meeting where Scothorn announced his proposal.

Scothorn’s idea came as a surprise to Marlene Preston, chair of the Botetourt County Library Board of Trustees, which has the ultimate say over library policy.

“The Library Board hasn’t endorsed or even discussed any changes to our policies regarding teens in the library,” Preston told Cardinal News. “For now, we’re pleased that the Board of Supervisors has formally supported the library and its staff.”

County Supervisor Steve Clinton, who also serves on the library board, agreed a change to the libraries’ supervision policy is not on the agenda, and called Scothorn’s recommendation a “news flash” he’s not in favor of. The Library Board’s next meeting is scheduled for Aug. 16.

Current policy in Botetourt County libraries requires children 13 and under to be supervised by adults, which has more to do with behavioral considerations than what kids may be reading, according to library director Julie Phillips.

She’s concerned how teenagers would interact with the public library under more restrictive parental guidance rules. Programming for teenagers at the four libraries includes a chess club and special programs like improv theater classes.

Attendance policies for minors vary by jurisdiction around the state. In Franklin County, children 10 and younger require supervision by an adult or another child 14 or older. In Rockbridge County, children under 8 must be accompanied by an adult 18 or older.

Until August 2020, the unattended child policy in Botetourt County was even less restrictive, reading, “Children under the age of seven, or who have emotional or social difficulty, must be attended by a parent or other responsible caregiver at all times.”

Scothorn’s campaign promise, published with another supervisorial candidate in a local county newspaper, read in part: “We pledge to bring before the Board of Supervisors of Botetourt County a proposal to raise the age of required parental consent for access to graphic sexually explicit materials to the age of 18.”

Doing so would “ultimately give the decision on access to such materials to the parents, where we believe that decision belongs,” the statement read.

Scothorn and Miller wrote they based their idea on H.B. 1379, passed by the Virginia House of Delegates early in 2023, which would have allowed parents to restrict their children’s access to any item in a school library catalog that was considered to have “graphic sexual content.”

While that bill failed to pass the state senate and didn’t make it into law, the pair wrote, “We believe its intent can inform local library policy considerations.”

[kingskingsblog]

MahaRERA 2024: All About Maharashtra RERA Website In Detail

March 20, 2024: The Maharashtra Real Estate Regulatory Authority (MahaRERA) is proposing a new system requiring developers in Mumbai to maintain three separate bank accounts for each project, aimed at enhancing oversight of project funds and safeguarding buyer interests.

These accounts include a Collection Account for all payments from buyers, a Separate Account for 70 per cent of collected funds designated for specific project expenses, and a Transaction Account for the remaining 30 per cent for other project-related costs.https://www.youtube.com/embed/XvXOcgVvPQ8?autoplay=1&mute=1&rel=0

MahaRERA emphasises that this system will bolster transparency, financial discipline, and security of funds, inviting public input until April 15th, 2024. The proposed benefits for homebuyers include increased fund security, improved transparency, and streamlined dispute resolution, marking a significant stride towards consumer protection and trust-building in Mumbai's real estate sector.

March 2024: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has announced plans to introduce a grading system for real estate projects, aimed at empowering homebuyers and enhancing transparency in the sector. Scheduled to commence between October 2023 and March 2024, the grading process will evaluate projects based on criteria such as project overview, technical snapshot, financial details, and legal status. 

MahaRERA To Launch Project Grading System To Enhance Homebuying Experience

MahaRERA's project grading system aims to empower homebuyers with transparent insights into real estate projects The Maharashtra Real Estate Regulatory Authority (MahaRERA) had suggested last year, a project grading system in order to help homebuyers make an informed decision. That plan may soon see the light of the day, as MahaRERA is expec...

The first round of grading results is expected in April 2024, with subsequent updates biannually. Additionally, MahaRERA has revoked the licenses of over 13,785 real estate agents who failed to renew their registrations, emphasising the need for compliance with regulations. 

The grading system seeks to enable informed decision-making for homebuyers by considering factors like financial risk, legal complexities, technical feasibility, and timely completion prospects, drawing inspiration from successful models in other countries. 

MahaRERA has actively solicited public feedback to refine the grading framework, reflecting a collaborative approach.

Jan 2024: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has implemented a new policy mandating a 'one stand-alone project, one MahaRERA number' approach to prevent developers from obtaining multiple registration numbers for the same project. Effective immediately, developers must submit a declaration confirming the absence of existing registrations or pending applications for the project site. This initiative aims to address challenges related to project completion and streamline the registration process, enhancing transparency and accountability in the real estate sector. 

Introduction

In the realm of real estate regulation in India, Maharashtra stands out for establishing the Maharashtra Real Estate Regulatory Authority (MahaRERA). This regulatory body, formed under the Real Estate (Regulation and Development) Act, 2016 (RERA), has brought about substantial changes in the state's real estate sector. In this article, we explore MahaRERA's functions, its influence, and the extensive online platform it provides via the Maharashtra  RERA website.

[al-dhaheri-international]

Mediation and Conciliation in Civil and Commercial Disputes: A New Horizon

With the launch of the Mediation Rules by the Dubai International Arbitration Centre effective from 01 October 2023, the UAE has introduced a significant piece of legislation at the federal level, consolidating Mediation and Conciliation specifically in Civil and Commercial Disputes viz. Federal Decree Law №40 of 2023 (the “Decree-Law”) which will come into effect on 29 December 2023, thereby repealing Federal Law №6 of 2021 on Mediation in Civil and Commercial Disputes which regulated both the judicial and non-judicial Mediation; and Federal Law №17 of 2016, as amended by Federal Law №5 of 2021, which governs Conciliation and regulates the establishment of court-annexed Conciliation and Mediation centres for civil and commercial disputes; ushering in a new era for alternative dispute resolution (“ADR”) in the UAE.

By nature, the concept of Mediation and Conciliation is profoundly embedded in Arabic culture and Sharia law, as such, the Decree-Law is a welcome step equally for parties and lawyers alike to progress ADR in the UAE. This move aligns with the UAE’s commitment to signing the Singapore Convention on Mediation, announced in March 2022.

Overview

At the outset, Mediation may be conducted in all civil and commercial disputes capable of settlement without conflicting with the existing laws or the public order and morals prevailing in the UAE, without prejudice to the provisions of the local laws that regulate Mediation. This is in accordance with Article 8 of the Decree-Law, while Article 27 of the Decree-Law states about the exclusive competency of Mediation and Conciliation Centre (the “Centre”) to conciliate civil and commercial disputes (i) whose value does not exceed five million (5,000,000) dirhams; and (ii) between spouses or relatives up to the fourth degree, regardless of their value. The adversaries may agree to resort to the Centre for Conciliation of civil and commercial disputes whose value exceeds five million (5,000,000) dirhams, whether before a case is filed or while it is being heard.

That said, as outlined in Article 28 of the Decree-Law, certain disputes do not fall within the jurisdiction of the Centre viz. (i) urgent and interim orders and cases; (ii) cases to which the government is a party, (iii) rental cases heard before special rental dispute committees, (iv) labor cases, personal status cases; and (vi) any other cases decided to be heard before a Centre, committee or other entity of similar jurisdiction.

Establishment of Centres

The Federal Judicial Council (the “Council”) or the chairman of the local judicial authority may establish one or more Centre(s) for Mediation and Conciliation within the territorial jurisdiction of the first-instance courts; and shall issue pertinent regulations to govern the work and operations of the Centre(s). There is also scope for establishing special Centre(s) for Mediation and branches of foreign Mediation Centre(s); with court or the local judicial authority having supervisory authority on its working and formulating the general policies.

Remote Mediation and Conciliation Platform

Article 4 of the Decree-Law empowers the Mediators and Conciliators to conduct Mediation and Conciliation meetings through electronic means and remote communication, subject to regulations and procedures issued by the Minister of Justice, based on the approval of the Council or the chairman of the local judicial authority.

Mediators and Conciliators Accreditation Processes

The Federal Judicial Inspection Department or the local judicial authority shall maintain a roster for registering Mediators from amongst those registered in the experts’ schedule at the Ministry of Justice or with the local judicial authorities, and the expert Mediators named by a decision of the Council or the chairman of the local judicial authority. Normally they shall be selected from amongst retired members of the judiciary, lawyers registered in the schedules of practicing and non-practicing lawyers. Qualification includes practice of the profession for a period of not less than five (5) years prior to their registration in the non-practicing lawyers’ schedule, and other highly qualified experts and international experts in the legal and business fields, who are known for their expertise, integrity and impartiality. Furthermore, Article 15 of the Decree-Law allows appointment of any natural or legal person, known as Private Mediator, entrusted by the Parties with the task of Mediation to amicably resolve the dispute between them, and not registered on the Mediators’ Lists.

The appointment of Conciliators follows a procedure similar to employment. The Federal Judiciary or the president of the local judicial authority will establish the qualification for the post of a Conciliator. The Conciliators must take a legal oath before assuming their duties, and shall be subject to a specific compensation scheme.

Confidentiality and Non-disclosure

The documents and information submitted or agreements or concessions made by the parties to the disputes submitted for Mediation or Conciliation (the “Parties”), and Mediation and Conciliation procedures as a whole are treated with utmost confidentiality, as envisaged in Article 5 of the Decree-Law; except with the consent of the Parties, or as required by law. Exception further extents to document(s) prepared by the Mediator or the Conciliator and signed by the Parties, including the Settlement reached to resolve the dispute, in whole or in part, between them; and the documents and instruments necessary for its enforcement. Failure by the Mediator or Conciliator to adhere to the confidentiality and non-disclosure obligations stipulated herein, attracts disciplinary actions according to Article 40 of the Decree-Law, without prejudice to the provisions of civil and criminal liability.

Prohibitions on the Mediator and Conciliator

Article 6 of the Decree-Law prohibits the Mediator and Conciliator from acting as an arbitrator or expert in the dispute, or accepting to be an attorney in a dispute against any of the Parties regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising from it, even after the completion of the Mediation or Conciliation procedures, unless the Parties agree otherwise. Prohibitions further extents to giving testimony against any of the Parties to the dispute regarding the subject matter of the dispute subject to Mediation or Conciliation, or anything arising therefrom, even after the completion of the Mediation or Conciliation procedures, unless authorized by the concerned party or the Parties agree otherwise, except in cases where the testimony is related to a crime; and in case of acting as a Mediator or Conciliator in a dispute where one of the Parties is a spouse or a relative up to the fourth degree by blood or marriage.

Parallel Mediation and Conciliation Structures

While the previous separate federal laws on Mediation and Conciliation laws are now consolidated, these two parallel structures continue to co-exist under the Decree-Law. Concerning Conciliation, under the court-annexed system, mandatory Conciliation is a prerequisite for specific types of disputes prior to litigation proceedings, and with regards to Mediation, voluntary process that can be initiated either through contractual agreement or by court referral, subject to the Parties mutual consent applies. Here, the chief difference is with the role of the “Mediator” opted by the Parties i.e., while in the Mediation process, the Mediator acts as a facilitator aiding the Parties to arrive at an agreement using the Mediation techniques; however, in the Conciliation process, the Mediator only suggests possible paths to the Parties in order to resolve the dispute. Precisely, both the structures share a common goal, which is amicable resolution of the disputes, whether before, or at the stage of the legal proceedings.

Consensual Mediation

In enforcing the agreement between the Parties made either before or after the occurrence of dispute, with the aim of resorting to Mediation for the Settlement of the dispute (“Mediation Agreement”), the Parties may directly resort to the Center to settle the dispute between them, before filing a lawsuit, as per Article 11 of the Decree-Law. This is Consensual Mediation, the initiation of which interrupts legal and judicial deadlines and only resume upon the completion of the Mediation, unless it is concluded by the Parties signing a Settlement Agreement. The procedures for Consensual Mediation are set out in Article 12 of the Decree-Law. In pursuance of Article 13 of the Decree-Law, the court before which a case is filed regarding a dispute brought before a Mediator in enforcing the Medication Agreement, shall decide suspension of the case until the completion of the Mediation procedures, if the defendant urges therefor before making any request or submission on the merits, unless the court finds that the Mediation Agreement is void or impossible to be enforced. The filing the case shall not however, preclude the initiation or continuation of Consensual Mediation procedures.

Court-Referred Mediation

Court-Referred Mediation occurs by virtue of a referral decision made by the subject-matter court competent to hear the lawsuit (“Competent Court”), at any stage of the case, whether proposed by the court with the Parties’ consent or upon their request. Article 14 (3) stipulates that the referral decisions issued by the Competent Court cannot be appealed by any ordinary or extraordinary means of appeal. Mediation shall end as per Article 21 of the Decree-Law if the Parties (i) sign a Settlement Agreement; (ii) agree to end the Mediation before reaching a Settlement Agreement for any reason; (iii) if one of the Parties informs to the Mediator or the Centre of their wish to participate in or continue Mediation; (iv) if the Mediator notifies the Centre, in writing or electronically, that the Mediation: (a) is futile and that there is no possibility of reaching a resolution to the dispute; (b) has been ended due to the absence of any of the Parties from two consecutive Mediation sessions without excuse; and (v) if the Mediation period expires without being renewed.

In all the above cases, the Mediator shall, upon the end of Mediation, deliver to each party any memoranda and documents they presented, and they may not retain them or copies thereof, and shall send a written or electronic report to the Centre on the result of the Mediation within three (3) working days from the date of ending the Mediation for any reason. The Centre shall notify the Parties and the Competent Court, within three (3) days, of the report and the result of the Mediation.

End of Mediation

Mediation if concluded successfully can end by signing the Settlement Agreement. The ratification process of the Settlement Agreement follows three tiers. i.e., from the Mediator to the Centre and finally to the Court. The Mediator shall submit a report to the Centre along with the Settlement Agreement, which the Centre shall send it to the Court within 3 working days. As a final step, the Court shall ratify the Settlement Agreement and issue a decision to end the dispute, wholly or partially, at a session to be scheduled within seven (7) working days from the date of its receipt of the Settlement Agreement. After its ratification, the agreement shall become a writ of execution and an exequatur shall be affixed thereto upon the request of all Parties or one of them, in light of the terms of the agreement submitted to it, and shall be executed according to the procedures stipulated in the Federal Civil Procedure Law.

That said, the aggrieved party has the rights to object or challenge ratification of the Settlement Agreement, by filing an annulment case before the competent Court. The party seeking annulment shall prove one of the reasons viz. (i) lack of legal capacity of one of the Parties to the Settlement Agreement or diminished capacity at the time of its conclusion, (ii) no Settlement Agreement or if the agreement was void or voidable, or if it was made after the expiry of the Mediation period; or (iii) if one of the Parties was unable to present their defence due to invalid service of process or notification of the Mediation procedures or due to them not having been aware thereof for any other reason beyond their control. Pursuant to Article 24 (2) of the Decree-Law, the judgment issued by the court in the annulment case shall be final and can only be appealed through cassation.

Settlement before the Conciliator

If a settlement is reached between the Parties before the Conciliator, either in whole or in part, this shall be recorded in a minutes signed by the Parties and the Conciliator. These minutes shall be ratified by the Supervising Judge, have the force of a writ of execution and the same binding force of court judgments, and are not subject to appeal by any means of appeal. Upon ratification, the minutes shall be affixed with an exequatur upon the request of all or any of the Parties, free of charge, and shall be executed in accordance with the procedures stipulated in the Federal Civil Procedure Law.

Conclusion

The enactment of the Decree-Law marks a pivotal moment for Mediation and Conciliation in the UAE, offering a unified platform for resolving disputes not just in property and construction disputes but in other Civil and Commercial disputes as well.

Recommendation

Whether you are navigating construction disputes, real estate intricacies, or commercial contracts, having a reliable Dubai Lawyer is crucial in providing comprehensive services across various legal domains. Dubai Lawyers and Dubai Law Firms play a pivotal role in addressing a spectrum of legal needs. Considering the legal landscape in Dubai, individuals and businesses can benefit from the expertise of seasoned Dubai Lawyers.

Our record of representing clients in Mediations and ADR procedures throughout the UAE speaks volume. Thus, we recommend for a comprehensive understanding and implementation of the new legislation, consider consulting the seasoned lawyers at Al Dhaheri International Advocates & Legal Consultants, renowned for their expertise in mediation and alternative dispute resolution throughout the UAE.

                                                                    Written by — Dr. Sherina M. Saji

[mariacallous]

Lansing — Gov. Gretchen Whitmer has chosen state Rep. Kyra Harris Bolden to fill a seat on the Michigan Supreme Court, making her the first Black woman to serve on the state's high court.

Whitmer, a Democrat, is announcing the selection on Tuesday. Bolden will succeed Justice Bridget Mary McCormack, who revealed in September her plans to leave the court to become CEO of the New York-based American Arbitration Association-International Centre for Dispute Resolution.

McCormack is a Democratic nominee, and Democrats maintained a 4-3 majority on the court in this month's election.

Whitmer described Bolden, a 34-year-old lawmaker from Southfield, as "passionate about the law." Bolden will be the youngest member of the Michigan Supreme Court and could hold a seat for more than three decades as justices can seek reelection until they reach the age of 70.

"She will bring a unique perspective to our high court as a Black woman — and as a new, working mom — that has too long been left out," Whitmer said. "Kyra is committed to fighting for justice for generations, and I know she will serve Michigan admirably, building a brighter future for her newborn daughter and all our kids."

Bolden was a Democratic nominee for two seats on the Michigan Supreme Court in the Nov. 8 election. But she finished narrowly behind Republican-nominated incumbent Justice Brian Zahra for the second position.

Bolden got 22% of the vote. Zahra won 24%. Democrat-nominated incumbent Justice Richard Bernstein finished in first place with 34%.

For much of the campaign, Bolden ran for office while pregnant, giving birth in August.

First elected to the state House in 2018, she is a member of the House judiciary and insurance committees. Prior to serving in the House, she was a lawyer with Lewis & Munday P.C. in Detroit and worked as a staff attorney for Judge John Murphy in Wayne County Circuit Court and as a court-appointed criminal defense attorney for district court in Southfield. Bolden studied law at the University of Detroit Mercy School of Law.

"I am incredibly honored to be chosen by Gov. Whitmer for this appointment to the Michigan Supreme Court,” Bolden said. “I will ensure equal access to justice, apply the law without fear or favor, and treat all who come before our state’s highest court with dignity and respect."

Bolden will serve a partial term expiring at noon on Jan. 1, 2025. If she wishes to complete the remainder of McCormack’s term, which expires on Jan. 1, 2029, Bolden will be required to run for the seat in the November 2024 general election.

Whitmer’s appointment of Bolden to the Michigan Supreme Court marked a significant and consequential moment in the history of the state, said John Johnson Jr., executive director of the Michigan Department of Civil Rights.

"As the first Black woman to serve in that capacity, she will bring a long-missing perspective to the deliberations of the state’s highest court," Johnson said in a statement. "That alone makes this a monumental decision, but Ms. Bolden brings more to the table than her racial identity."

Bolden's experience as a criminal defense lawyer and her leadership on public policy will inform her decisions, Johnson said.

[freifraufischer]

More in my exploration of "is ChatGPT" the powerful tool for brainstorming fictional world building some people keep telling me it is. When asking it to help create fictional countries ended repeatedly reproducing tourism pamplets I decided to ask it to create a war.

This is it's version of a war between Austria and Australia. Please note the ... rather hand wave at the actual locations of both of these countries and how that impacts this war...

Certainly! Let's imagine a fictional scenario in which Austria and Australia engage in a conflict. Please keep in mind that this is a completely fictional scenario and does not reflect any real-world events.

In this hypothetical situation, tensions between Austria and Australia have escalated due to a series of misunderstandings and geopolitical disagreements. The war between the two nations is not driven by deep-rooted animosity but rather by a complex web of political and economic factors.

The conflict begins with a dispute over trade regulations and tariffs on specific goods. Austria, seeking to protect its domestic industries, imposes high tariffs on certain Australian exports, which Australia perceives as unfair and detrimental to its economy. Diplomatic negotiations fail to resolve the issue, leading to a breakdown in relations and an escalating war of words.

As the situation intensifies, diplomatic channels give way to military mobilizations. Both countries begin fortifying their borders and deploying troops to key strategic positions. The international community, alarmed by the mounting tensions, calls for a peaceful resolution and urges both sides to engage in dialogue. However, the war drums continue to beat as nationalist sentiments and public pressure fuel the conflict.

The war itself unfolds in different theaters. Austria, located in the heart of Europe, has the advantage of being closer to its allies and established military infrastructure. Its forces launch an offensive campaign, aiming to push into Australian territory. The Austrian military, known for its strategic planning and disciplined soldiers, launches coordinated attacks on key Australian positions.

Australia, on the other hand, faces the logistical challenge of fighting a war thousands of miles away from its home base. The Australian forces focus on defense and guerilla tactics, taking advantage of their knowledge of the terrain and deploying special forces to disrupt Austrian supply lines and communication networks. Australia's military, renowned for its resourcefulness and adaptability, puts up a fierce resistance.

The war takes a toll on both nations, with significant loss of life and destruction of infrastructure. The conflict also draws in international powers, with neighboring countries and global superpowers taking sides or attempting to broker peace. Diplomatic efforts continue behind the scenes, with mediators working to find a resolution that will end the hostilities.

After a prolonged and costly war, both Austria and Australia realize the devastating consequences and the futility of continuing the conflict. International pressure, coupled with war-weariness among their populations, prompts the two nations to return to the negotiating table. A ceasefire is eventually declared, leading to a series of peace talks.

The peace negotiations focus on resolving the underlying issues that sparked the conflict, including trade disputes and economic imbalances. Both Austria and Australia agree to reassess their trade policies and work towards a fair and mutually beneficial arrangement. Additionally, efforts are made to rebuild trust and establish diplomatic channels to prevent future misunderstandings from escalating into armed conflict.

Ultimately, the war between Austria and Australia serves as a cautionary tale, highlighting the importance of diplomacy, compromise, and understanding in resolving disputes between nations. The conflict serves as a catalyst for renewed efforts towards international cooperation and the pursuit of peaceful resolutions in the face of adversity.

[cyarskj1899]

Gov. Gretchen Whitmer makes historic pick for Michigan Supreme Court vacancy

Lansing — Gov. Gretchen Whitmer has chosen state Rep. Kyra Harris Bolden to fill a seat on the Michigan Supreme Court, making her the first Black woman to serve on the state's high court.

Whitmer, a Democrat, is announcing the selection on Tuesday. Bolden will succeed Justice Bridget Mary McCormack, who revealed in September her plans to leave the court to become CEO of the New York-based American Arbitration Association-International Centre for Dispute Resolution.

McCormack is a Democratic nominee, and Democrats maintained a 4-3 majority on the court in this month's election.

Whitmer described Bolden, a 34-year-old lawmaker from Southfield, as "passionate about the law." Bolden will be the youngest member of the Michigan Supreme Court and could hold a seat for more than three decades as justices can seek reelection until they reach the age of 70.

"She will bring a unique perspective to our high court as a Black woman — and as a new, working mom — that has too long been left out," Whitmer said. "Kyra is committed to fighting for justice for generations, and I know she will serve Michigan admirably, building a brighter future for her newborn daughter and all our kids."

Bolden was a Democratic nominee for two seats on the Michigan Supreme Court in the Nov. 8 election. But she finished narrowly behind Republican-nominated incumbent Justice Brian Zahra for the second position.

Bolden got 22% of the vote. Zahra won 24%. Democrat-nominated incumbent Justice Richard Bernstein finished in first place with 34%.

For much of the campaign, Bolden ran for office while pregnant, giving birth in August.

First elected to the state House in 2018, she is a member of the House judiciary and insurance committees. Prior to serving in the House, she was a lawyer with Lewis & Munday P.C. in Detroit and worked as a staff attorney for Judge John Murphy in Wayne County Circuit Court and as a court-appointed criminal defense attorney for district court in Southfield. Bolden studied law at the University of Detroit Mercy School of Law.

"I am incredibly honored to be chosen by Gov. Whitmer for this appointment to the Michigan Supreme Court,” Bolden said. “I will ensure equal access to justice, apply the law without fear or favor, and treat all who come before our state’s highest court with dignity and respect."

Bolden will serve a partial term expiring at noon on Jan. 1, 2025. If she wishes to complete the remainder of McCormack’s term, which expires on Jan. 1, 2029, Bolden will be required to run for the seat in the November 2024 general election.

More:Michigan Supreme Court elects Elizabeth Clement as chief justice

Whitmer’s appointment of Bolden to the Michigan Supreme Court marked a significant and consequential moment in the history of the state, said John Johnson Jr., executive director of the Michigan Department of Civil Rights.

"As the first Black woman to serve in that capacity, she will bring a long-missing perspective to the deliberations of the state’s highest court," Johnson said in a statement. "That alone makes this a monumental decision, but Ms. Bolden brings more to the table than her racial identity."

Bolden's experience as a criminal defense lawyer and her leadership on public policy will inform her decisions, Johnson said.

cmauger@detroitnews.com

Staff Writer Beth LeBlanc contributed.

Sent from my iPhone

[eretzyisrael]

OFCOM rejects complaint on BBC bias regarding refugees

More people than ever are complaining about BBC bias. But even the body charged with regulating Britain’s broadcasters, OFCOM, has rejected complaints that BBC reporting is one-sided when it discusses Middle Eastern refugees.

Jewish refugees from Iraq arriving in Israel in 1951 (Photo: Fritz Schlesinger)

The body charged with regulating the BBC and other British media, OFCOM, has just produced a damning report. In total, 11% of adults had cause to complain about the BBC in the last year. This is the highest level among broadcasters (6% for ITV, 4% for Channel 4), but lower compared with other industries (21% for online retailers, 15% for energy companies). Complaints tend to relate to bias (39%) and misleading/dishonest content (26%). Our research suggests the BBC is more than twice as likely to attract complaints about these issues compared to the other public service broadcasters.

When it comes to Jewish refugees from Arab countries, however,  OFCOM itself still does not see the imbalance in BBC reporting. It  has rejected a complaint that the same conflict produced two sets of refugees – Jewish as well as Arab – at around the same time. OFCOM has failed to see the relevance of acknowledging Jewish refugees when the BBC mentions Palestinian refugees.

The complainant cited a specific report by Paul Adams, a BBC news reporter. OFCOM replied:

“Regarding your complaint that Paul Adams’ report failed to reflect the Jewish perspective on the Israel-Palestine conflict we  took into account that the focus of the report was on the withdrawal of funding for United Nations Relief and Works Agency work with Palestinian refugees, and the Trump administration’s policy towards the Palestinians; and, the factual explanation about how the Palestinian refugee situation arose did not attribute any blame to either side of the dispute. In these circumstances Ofcom did not consider there was a requirement for the article to address historic forced Jewish emigration from Arab lands, and that there were no substantive grounds for OFCOM to accept the complaint.

We appreciate our decision will be disappointing to you, but we hope the above is useful to you in explaining our approach in this case.”

Our complainant argues that Paul Adams should have given the context to the question of UNWRA’s funding. The agency UNWRA was set up to assist BOTH Arab and Jewish refugees. After 1952 Israel told UNWRA it was assuming full responsibility for the Jewish refugees and did not require any further UNWRA involvement. A Marshall Plan for refugees was set up in the early 50s. American aid was to have been split evenly between Israel and the Arab states, with each side receiving $50 million to build infrastructure to absorb refugees. The money to resettle the Arab refugees was handed over to the UN, and the Americans gave Arab countries another $53 million for “technical cooperation”. In effect, the Arab side received double the money given to Israel even though Israel took in more refugees, including Jews from Arab countries. Israel solved its refugee problem, while the Arab side had no intention of doing so.

On two occasions the UN determined that Jews fleeing Egypt and North Africa were bona fide refugees. In 1957 it gave a $30,000 grant to help resettle Egyptian-Jewish refugees. The grant was converted into a loan and paid back when the UN feared protests from the Muslim bloc. In 1967 the UNHCR recognised Jews fleeing Libya as refugees under its remit. (Source: United Nations High Commissioner for Refugees, Report of the UNREF Executive Committee, Fourth Session – Geneva 29 January to 4 February, 1957 and United Nations High Commissioner for Refugees Document No. 7/2/3/Libya.)

UNSC Resolution 242 refers to “a just settlement of the refugee problem” without specifying the “Arab” or “Palestinian” refugee problem. Some countries today, namely the US and Canada,  have also recognised the Jewish refugee issue.

In 2019 in a debate at Westminster MPs called for official recognition of 870,000 Jewish refugees from Arab countries. Theresa Villiers, MP, who called the debate, pointed out that a disproportionate amount of airtime was devoted to the Palestinian refugees. It is not necessary to attribute blame to either side, just state that there were two sets of refugees, as it would have done when the BBC covers the India-Pakistan conflict.

OFCOM must therefore consider that the  BBC website article ought to mention historic forced Jewish emigration from Arab lands as per the historic record, and that there are substantive grounds for Ofcom to accept the complaint.

Our complainant is determined to pursue OFCOM until he gets a satisfactory answer.

[coochiequeens]

Looked up the author of this story. Not surprised it’s by a TRA. 

ByKiara Alfonseca

November 23, 2022, 6:30 AM

Ky Schevers is fighting back against the anti-trans movement she once took part in.

Schevers was assigned the sex of female at birth and later chose to start gender-affirming care by taking testosterone to transition from female to male in her mid-20s. She stopped taking testosterone, though, in the years that followed while she continued to explore and question her gender, later falling into an online anti-trans group of "detransitioners" – people who once did but no longer identify as transgender.

Now, Schevers says she has “retransitioned," identifying as transmasculine and gender queer, which means she identifies with both genders. Schevers uses she and her pronouns, but heavily identifies with masculinity, as defined by the LGBTQIA+ Health Education Center states.

She says she considers herself to be a part of the transgender community.

When Schevers initially stopped taking testosterone, she sought out advice and companionship in online forums about detransitioning. In this virtual community is where she began to adopt anti-trans beliefs that misogyny and a patriarchal society caused her to initially transition from female to male. In blog posts, YouTube videos, interviews and workshops, she spread and promoted these beliefs. These posts became a popular tool for anti-trans activists looking to discredit the trans community in the name of feminism.

A 50-year study in the Archives of Sexual Behavior performed in Sweden estimated that less than 3% of people who medically transitioned experienced "transition regret." Other studies have estimated similar results, some citing even lower figures.MORE: Amid anti-LGBTQ efforts, transgender community finds joy in 'chosen families'

Despite this low percentage, these individuals have become a focal point of anti-transgender legislation and activism.

More than 300 proposed bills across the country have targeted LGBTQ Americans in the last year, according to the Human Rights Campaign. Health care for trans youth in particular has become the target of such efforts.

Before the ages of 16-18, youth are treated with reversible treatments based on guidance from the U.S. Department of Health and Human Services. Irreversible medical interventions, such as surgeries, are typically only done with consenting adults, or older teens who have worked through the decision with their families and physicians over a long period of time, physicians across the country have told ABC News.

Despite these common practices, officials in many states have launched efforts to crack down on gender-affirming care for minors. Some legislators have cited disputed research on this topic, stating that the majority of gender dysphoric youth will grow out of their dysphoria. The methodology in these studies has been highly critiqued.

Major medical associations support gender-affirming care for youth and adults. Transgender youth tend to have high rates of suicide, but those who transition often experience significantly reduced psychological distress.

A recent large study from Harvard found that gender-affirming surgery was associated with improved mental health outcomes in those who are transgender.

Another recent large study from Harvard found that even among those who do go on to detransition, it is often due to external pressures such as stigma and non-acceptance in their environments, rather than a sudden resolution of gender dysphoria.

But that's where “detransitioners" come in. Detransitioned activists have often testified in public hearings on policies concerning the transgender community.

"I was 30 and at the end of my rope when I transitioned … If I made this mistake as an adult, a young girl could too," said one detransitioned speaker at the Oct. 28 Florida medical board hearing concerning a ban on gender affirming health care for youth. "Not only did my surgery exacerbate my mental health issues, I now struggle with physical complications as well."

Another speaker at the hearing, who said she started gender-affirming treatments at the age of 16 and regrets it, spoke about struggling with her mental health while transitioning. She urged the board to ban hormones for people under 18 and surgeries for people under 21. "In 2019, I had a life-changing encounter with Jesus and began to find deep healing within myself. After nearly 4 years of being on testosterone, I decided to detransition and accept my womanhood," she said.

The Florida Medical Board later passed a ban on gender-affirming care for youth. The decision would prohibit providers from administering gender affirming care, including puberty blockers, hormones, cross-hormone therapy and gender-affirming surgery for people under the age of 18.MORE: Transgender youth health care ban approved by Florida medical boards

When Schevers was in similar circles, she said she tried to ignore her uncertainty about her gender and how it conflicted with the message she was promoting.

"I never liked people who call transitioning mutilation or call trans bodies mutilated...A lot of them called trans people delusional," Schevers said. "Living as a trans person was something that people did to survive and actually, I didn't think of it as crazy or irrational because I had lived that life."

She continued, "I get why someone would do this. Like, it did help me. I did get satisfaction from transitioning and I had to rationalize that experience and make it fit with this anti-trans ideology."

Schevers said cracks began to show in her beliefs as more of the detransitioners and other activists she worked with began to partner with far-right groups like the Proud Boys on an anti-trans platform.

"That was kind of a huge wake-up call," said Schevers. "It didn't make sense to ally with the people who were creating the oppressive conditions."

Her use of the hormone testosterone helped her embrace her gender queer identity, she now says.

When Schevers sees or hears anti-transgender detransitioners speak about their experiences, she thinks of her past self. She says she feels guilty, like she set the stage for them.

Schevers says she wants people to turn their attention to the dangers of anti-trans outreach to youth as well as the ongoing legislative attacks on trans Americans.

In Texas, Gov. Greg Abbott and Attorney General Ken Paxton also launched an effort to investigate gender-affirming youth care treatments as "child abuse" through the state department of child protective services. A state judge later issued a temporary injunction blocking the effort.

An Alabama law made it illegal to give any type of gender affirming care to anyone under the age of 18. This would criminalize parents and physicians.

Joseph Ladapo, Florida's surgeon general, released a memo in June saying treatments like sex-reassignment surgery, and hormone and puberty blockers are not effective treatments for gender dysphoria.MORE: Florida to ban gender-affirming care under Medicaid for transgender recipients

This memo contradicts guidance from organizations including the American Academy of Pediatrics and the American Public Health Association.

These organizations say that research does show that the aforementioned gender-affirming treatments are safe and effective. Some, like the American Medical Association, even deem it "medically necessary."

Gender exploration is an ongoing journey for Schevers, and she hopes the trans and gender queer youth in the U.S. continue to be able to access a journey of their own.

"I do feel more firmly rooted in who I am. It's easier for me to accept myself as someone who has, like, multiple genders," Schevers said.

Anyone else think she detransitioned and was treated horribly by the TRAs and faced regular misogyny from normies and figured it was just easier to go make to having a special identity?

[rabbitcruiser]

International Day of Neutrality

Neutrality ‚ defined as the legal status arising from the abstention  of a state from all participation in a war between other states, the  maintenance of an attitude of impartiality toward the belligerents, and  the recognition by the belligerents of this abstention and impartiality ‚  is critically important for the United Nations to gain and maintain the  confidence and cooperation of all in order to operate independently and  effectively, especially in situations that are politically charged.

As Article 2 of the UN charter obligates member states to settle  their international disputes by peaceful means and to refrain from the  threat or the use of force in their relations, the General Assembly  reaffirmed those obligations in its resolution 71/275.

The resolution also underlined that some states‚ national policies of  neutrality can contribute to the strengthening of international peace  and security and play an important role in developing mutually  beneficial relations among countries of the world.

Recognizing that such national policies of neutrality are aimed at  promoting the use of preventive diplomacy, which is a core function of  the United Nations and occupies a central place among the functions of  the Secretary-General, the General Assembly decided to declare 12  December the International Day of Neutrality, and called for marking the  day by holding events aimed at enhancing public awareness of the value  of neutrality in international relations.

Source

[if-you-fan-a-fire]

“TRADES UNIONISTS URGED TO PREPARE,” The Province (Vancouver). February 8, 1933. Page 14. ---- Should Be Ready to Take Command In Collapse, Delegate Says. ---- Trades unionists should prepare a plan of action so that they will be ready in the event of a collapse of the present structure of government and industry, it was stated at a meeting of the Vancouver and New Westminster District Trades and Labor Council on Tuesday night. 

In the course of a general discussion on unemployment, Delegate T. Russell of the carpenters union stated that trades unionists, being men of practical knowledge and not theorists, have a responsibility in the crisis, and should prepare themselves. 

Delegate E. S. Hougham also felt that a policy should be formulated which would provide tor full cooperation with other public bodies. 

Motion that protest of the railway organizations against proposed amalgamation of the transcontinental railway systems of Canada be supported was carried unanimously. The executive was instructed to formulate along these lines a resolution to be forwarded to the Senate and the House of Commons. 

A motion condemning the Provincial Government for continual reduction of unemployment relief was passed, and the committee on unemployment was Instructed to continue Its Investigations. 

One delegate gave details of alleged red-tape methods of the relief department, and the gradual reduction of amounts of food and fuel received.

The dispute regarding the seating of Delegate James Gray, ex-councilor of Burnaby on the council, which has been vigorously protested by New Westminster Carpenters' Union, reached another stage when Delegate W, Moody of the Royal City body reported that his union was prepared to resign unless charges against Gray were investigated. Delegate Gray, who was present, arose in his own defense, and the discussion became somewhat heated at times.

[moxieinstituteinc]

Empower Managers With Essential Communication Skills for Effective Leadership

In the realm of successful leadership, executive communication training stands as a cornerstone for managers. Equipped with these vital skills, managers can forge strong connections with their teams, adeptly navigate conflicts, deliver constructive feedback, and propel productivity to new heights. Let’s dive into the significance of communication training in ensuring effective leadership.

Listening Skills

Listening is the foundation of good communication. Communication training teaches managers invaluable soft skills like active listening, empathetic leadership, and workplace team building. By fully understanding employees’ ideas and concerns, managers can make them feel heard and address issues better.

Feedback Skills

Quality feedback is essential for improvement. Through effective communication training, managers learn to deliver feedback constructively by focusing on observable behaviors, not personal attacks. They provide regular, specific praise to reinforce good practices and frame constructive criticism as wanting employees to develop, not punitive measures. This motivates staff and builds trust.

Conflict Resolution

Disagreements are inevitable in workplaces. Proper communication skills help managers resolve conflicts before they escalate. Training in nonviolent communication provides tools to discuss issues respectfully without causing offense or escalating the situation. Managers also learn to find points of agreement, compromise, and coach disputing employees to resolve conflicts themselves through open dialogue. This maintains team harmony.

Interpersonal Skills

Communication training develops managers’ emotional intelligence — their self-awareness and capacity to understand others’ perspectives. Coursework in listening, constructive feedback, and conflict management also helps managers provide support employees need. By building rapport, managers inspire staff’s best work.

Crystal Clear Direction

Without clear direction, employees feel frustrated and produce inferior work. Communication training teaches managers to create inspiring vision statements, set clear expectations by aligning tasks to objectives, and explain the rationale behind their decisions. By precisely and empathetically communicating their goals, managers can ensure their teams stay motivated and focused.

Presentation Skills

Managers speak to executives, clients, and staff daily. Communication training builds skills for impactful public speaking and presentations. From proper body language to vocal variety, it teaches managers to powerfully deliver messages and handle tough Q&A. These skills allow managers to confidently articulate ideas, engage audiences, and persuade stakeholders.

Written Communication

Effective written communication — be it in emails, reports, or messages — is paramount. Communication training equips managers with the skills to craft clear and tactful messages, minimizing the risk of misinterpretation. By learning more about business writing, editing, and proofreading, managers elevate their written communication to new heights of readability, precision, persuasion, and professionalism. This proficiency facilitates the efficient and effective dissemination of policies, feedback, organizational vision, and other intricate information, fostering seamless communication within the workplace.

Ongoing communication training for managers is invaluable for anyone leading a team, no matter how big or small. Education in listening, constructive feedback, conflict management, relationship-building, clear direction, presentations, and written communication provides crucial skills for managers to lead organizations successfully in our communication-driven world.

Ref: https://medium.com/@moxieinstituteinc/empower-managers-with-essential-communication-skills-for-effective-leadership-6bb28698d8eb

[lucheblogs]

BLOG 1 - How does law and the legal profession promote social justice and the common good for the peoples of Mindanao?

As a student of political science, I understand the important part that the legal system and the legal profession have in advancing social justice and the general welfare of the people of Mindanao, an area renowned for its rich cultural diversity and complex socio-political environment. In order to resolve past injustices, promote peace, and advance inclusive development, the legal system is important.

The Resolution of Conflicts and Peacebuilding, In historical terms, disputes over territory, identity, and distribution of resources have been the basis of conflict in Mindanao. The legal profession supports peacebuilding and conflict resolution through programs like legal advocacy and alternative dispute resolution. The Bangsamoro Autonomous Region was established with the intention of addressing historical injustices and providing a legal foundation. One such legal framework is the Bangsamoro Organic Law.

The Protection of Minority Rights is a wide range of racial and religious minorities that call Mindanao home. Through legal representation, advocacy, and the enforcement of laws that protect minority rights, the legal profession plays a crucial role in defending the rights of these oppressed communities. This helps to promote social fairness and guarantee that the advantages of progress are shared fairly.

Moreover, with the Land Rights and Resource Distribution in Mindanao, land disputes have been a major cause of violence. Historical injustices pertaining to land distribution can be addressed by legal processes such as property rights rules and land reform legislation. By guaranteeing equitable land tenure and resource distribution, the legal profession advances social justice and the general welfare. Protection of Human Rights in the context of war and governance, Mindanao has had to deal with issues relating to abuses of human rights. The legal profession acts as a barrier against violations by promoting human rights and bringing legal action. Legal systems can help victims get justice and encourage accountability among those who violate human rights.

The Law for Inclusive Development is creating policies that support inclusive development may be done in large part via the use of the legal system. In Mindanao, political science students, future lawyers, and legislators may take an active role in the creation and support of laws that tackle economic inequality, advance social welfare, and guarantee the welfare of all communities.

In the context of Legal Education and Awareness, educating the public about the law and strengthening communities, the legal profession can support social justice. The people of Mindanao can better traverse the legal system, stand up for their rights, and take part in political processes if they have more legal literacy.

[zack-guialel-ihl8]

Law, Justice, and the Common Good in Mindanao

Zacaria Benrajiv T. Guialel AB PolSci 3B

BLOG 1

Mindanao, the southernmost island in the Philippines, is a region rich in cultural diversity, natural resources, and historical significance. However, it has also faced numerous challenges, including armed conflicts, poverty, and social inequality. In this context, the role of law and the legal profession becomes crucial in promoting social justice and advancing the common good for the people of Mindanao.

One of the primary functions of law is to ensure access to justice for all. Unfortunately, in Mindanao, many marginalized communities lack access to legal services due to geographical barriers, language differences, and economic constraints. Legal aid clinics, community-based paralegals, and mobile courts can bridge this gap. By providing legal assistance and education, these initiatives empower individuals to assert their rights and seek redress for injustices.

Mindanao has a long history of armed conflicts, particularly between government forces and separatist groups. The legal profession plays a critical role in peacebuilding efforts. Mediation, alternative dispute resolution mechanisms, and legal advocacy contribute to resolving conflicts peacefully. Lawyers can facilitate dialogue, negotiate agreements, and promote reconciliation.

Land disputes are prevalent in Mindanao, especially concerning ancestral domains and natural resources. Indigenous peoples (IPs) often face land grabbing, displacement, and exploitation. Legal professionals can advocate for the recognition of IP rights, secure land titles, and protect cultural heritage. Collaborating with IPs and understanding their customary laws is essential for sustainable development.

Mindanao’s biodiversity is unparalleled, but it faces threats from deforestation, mining, and pollution. Environmental laws and regulations are critical for safeguarding ecosystems. Lawyers can enforce environmental laws, hold violators accountable, and promote sustainable practices. Public interest litigation can challenge harmful projects and advocate for ecological balance.

 Poverty, discrimination, and human rights violations persist in Mindanao. Legal professionals must champion social justice by defending the vulnerable. Pro bono work, legal clinics, and public interest litigation can address issues such as child labor, gender-based violence, and access to education. Upholding human rights principles ensures a just society.

Strengthening legal education institutions in Mindanao is essential. Law schools should emphasize community engagement, clinical programs, and practical skills. Educating citizens about their legal rights empowers them to participate actively in governance, demand accountability, and advocate for policies that benefit the common good.

In conclusion, the legal profession in Mindanao must transcend mere technicalities and embrace a holistic approach. By promoting social justice, protecting human rights, and advocating for sustainable development, lawyers can contribute significantly to the well-being of Mindanao’s diverse population. Let us envision a future where law serves as a beacon of hope, equality, and justice for all. 

[kennethrey]

ITL BLOG 1

“The Role of Law and Legal Profession in Promoting Social Justice and the Common Good in Mindanao”

Sociopolitical unrest and economic inequality have long afflicted Mindanao, an area of the Philippines renowned for its rich natural resources and varied cultural legacy. Any society that aspires to social fairness must have a strong legal system as its foundation. The law is essential for safeguarding minority populations' rights and guaranteeing their integration into the socioeconomic structure in Mindanao, a place where diverse ethnic groups live side by side. Furthermore, for vulnerable groups that might not otherwise be able to afford legal representation, legal institutions like public defenders and legal aid programs help improve access to justice. Mindanao has seen a lot of land disputes, which frequently result in hostilities and violence. The legal profession plays a vital role in resolving these conflicts through land titling processes, arbitration, and mediation. Additionally, lawyers specializing in indigenous rights advocate for the recognition and protection of ancestral domain claims, empowering indigenous communities to assert their rights and preserve their cultural heritage. The legal profession acts as a catalyst for human rights advocacy and conflict resolution in Mindanao. Lawyers and legal organizations work tirelessly to hold perpetrators of human rights violations accountable and seek justice for victims of violence and oppression. Furthermore, legal practitioners engage in dialogue and mediation efforts to resolve conflicts peacefully, contributing to the overall stability and harmony in the region. Legal education plays a crucial role in empowering individuals to understand their rights and navigate the legal system effectively. Law schools and legal clinics in Mindanao provide education and training to aspiring lawyers, equipping them with the knowledge and skills to advocate for social justice and the common good. Moreover, community legal education initiatives raise awareness about legal rights and responsibilities, empowering citizens to actively participate in governance and decision-making processes. Lawyers and legal organizations in Mindanao engage in policy advocacy and institutional reform to address systemic issues and promote meaningful change. By lobbying for legislative reforms and advocating for the implementation of existing laws, legal professionals contribute to the creation of a more just and equitable society. Additionally, legal watchdog groups monitor government actions and hold public officials accountable for their actions, fostering transparency and accountability in governance.

In conclusion, the law and the legal profession play a pivotal role in promoting social justice and advancing the common good for the people of Mindanao. Through a combination of legal advocacy, education, and policy reform, lawyers and legal organizations contribute to the resolution of conflicts, protection of human rights, and empowerment of marginalized communities. However, challenges remain, and concerted efforts are needed to ensure that the legal system effectively serves the needs of all citizens, regardless of their background or status. Only through collective action and a commitment to justice can Mindanao truly realize its potential as a region of peace, prosperity, and inclusivity.

[solar-prime27]

ITL BLOG #1

JAN 29, 2024

How does law and the legal profession promote social justice and the common good for the peoples of Mindanao?  

In Mindanao, the legal profession and the framework of law play a crucial role in promoting social justice and the common good for its diverse population. As Attorney Meong Cabarde has said in his recent session, it is a vital element in nation building since without law, there is no progress because of chaos, violence, and rampant discord that will spread across the masses. Mindanao, known for its cultural and ethnic diversity, has faced historical challenges related to social, economic, and political disparities. The legal system acts as a stabilizing force and a mechanism for positive change, contributing to the region's development and fostering a more just and peaceful society.

One way in which law promotes social justice in Mindanao is through the protection of human rights. As per our lessons in International Humanitarian Law, legal professionals actively engage in advocating for the rights of marginalized communities, including indigenous peoples and minority groups. By litigating cases related to land rights, cultural preservation, and equal opportunities, lawyers contribute to the establishment of a legal framework that protects the rights of all individuals, irrespective of their background.

From our lessons in both IHL and ITl, land disputes have been a longstanding issue in Mindanao, and the legal profession plays a pivotal role in resolving these conflicts. Lawyers like our very own professor, Attorney Meong Cabarde, work towards ensuring fair and just distribution of land, addressing historical injustices and promoting economic stability among the local population. Land reform initiatives supported by legal expertise contribute to the reduction of poverty and the enhancement of the overall quality of life in the Mindanao region.

Legislation also plays a vital role in addressing socio-economic disparities. Advocacy for laws that promote inclusive economic growth, education, and healthcare can significantly impact the well-being of Mindanao's people. Legal professionals, through their involvement in the legislative process, can champion policies that address the unique needs of the region and ensure that government resources are equitably distributed.

Additionally, the legal profession acts as a watchdog against corruption and abuse of power. Lawyers, as guardians of the rule of law, contribute to the accountability of public officials and institutions. This fosters a sense of trust among the population, reinforcing the idea that everyone is subject to the law, regardless of their position or influence.

Although the Law is imperfect, it is our best defense against instability, savagery, and utter chaos. The legal profession found in Mindanao serves as a medium for social justice and the common good. By good faith through numerous lawyers across the land of Mindanao, lawyers, through the protection of human rights, resolution of land disputes, engagement in alternative dispute resolution, advocacy for inclusive legislation, and combating corruption, legal professionals actively contribute to the region's development.