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Rape Victim’s Release From Jail Highlights Struggle For Women In Afghanistan

Our guest blogger is Jennifer Addison, national security team intern at the Center for American Progress.

Afghan woman imprisoned for 12 years for reprorting she had been raped (photo credit: CNN)

Yesterday, the Afghan government announced the release of a woman serving a 12-year jail sentence for adultery after reporting that her cousin had raped her. Freedom comes with a price — the pardon came only after the woman agreed to marry her attacker. What initially seemed like a victory for women’s progress in Afghanistan actually became a reminder of the difficulties of making change in a society deeply rooted in tradition and custom.

The European Union’s ambassador and special representative to Afghanistan, Vygaudas Usackas, gave a statement responding to this event saying:

USACKAS: Her case has served to highlight the plight of Afghan women, who 10 years after the overthrow of the Taliban regime often continue to suffer in unimaginable conditions, deprived of even the most basic human rights.

As Afghanistan continues to inch forward out of the Taliban era and toward a new state, this event should remind us that although women have made considerable progress they still have the much to gain and lose in the changes coming to Afghanistan.

The continuing difficulties for women in Afghanistan are parallel to the obstacles that confront women worldwide — lack of equal economic or educational opportunity for example. Other problems are unique in their severity, such as gender violence and gender inequality, as a result of the conservative social structure in Afghanistan. A study from the Thomas-Reuters foundation put Afghanistan at the top of the list for the worst place for women.

As the country continues to evolve, gender activists and women’s groups in Afghanistan have expressed concern that women will be left behind as the country moves forward. As Samira Hamidi from the Afghan Women’s Network said:

“We have not been approached by the government — they never do. The belief is that women are not important,” she said, describing a mind-set that she said “has not been changed in the past eight years.”

Human rights groups, women’s rights groups, and other organizations continue to make significant efforts to raise the status of women in Afghanistan but the question of how to bring about change in a society severely entrenched with conservative values and custom remains. Additionally, the advancements that have been made risk being reverted so the challenge is to maintain what developments have been made while pushing to achieve new ones.

Update

Ahmad Shuja has more at U.N. Dispatch

Despite A 0.0002 Percent Rate Of Voter Fraud, Reince Priebus Claims Wisconsin Is ‘Riddled With Voter Fraud’

Republican National Committee Chairman Reince Priebus made a curious claim on MSNBC today, alleging that Wisconsin is a state “that was absolutely riddled with voter fraud.”

The problem? A recent study by the nonpartisan Brennan Center for Justice found just seven cases of voter fraud out of three million votes cast in Wisconsin during the 2004 election, a fraud rate of 0.0002 percent. All seven of these cases involved persons with felony convictions who weren’t eligible to vote after being released from prison.

Unfazed by the minuscule incidence of actual voter fraud – comedian Stephen Colbert joked that “our democracy is under siege from an enemy so small it could be hiding anywhere” – Priebus went on MSNBC to defend Wisconsin’s new photo ID requirement and yesterday’s anti-voting rights measure passed by the House GOP. When host Martin Bashir pushed the RNC Chair about his party’s motivations for restricting voting rights, Priebus pointed to his home state of Wisconsin and declared, “I come from a state in Wisconsin that was absolutely riddled with voter fraud, okay?”

BASHIR: Just last night Republicans in the House voted to dismantle the Election Assistance Commission, the sole purpose of which is to make sure states meet voting standards that prevent fraud. Why would Republicans do that if they’re honestly concerned about preventing fraud? [...]

PRIEBUS: Well listen, I don’t want to get into the specifics here, but let me tell you something. I come from a state in Wisconsin that was absolutely riddled with voter fraud, okay? They had the smokes-for-votes exchange in Milwaukee. This is something that has nothing to do with constitutional rights of the people who are committing the fraud, it has to do with the constitutional rights of people under our Constitution that one person gets one vote, not two or three or four or five, by not having reasonable voting standards in this country to make sure that fraud doesn’t occur.

Watch it:

Research has found that voters are 39 times more likely to be struck by lightning than commit voter fraud at the polls, and 3,500 times more likely to report a UFO encounter.

Voter fraud certainly ought to be prosecuted in the extremely rare instances when it occurs. But Republicans like Priebus are using the false specter of fraud as a cudgel to disenfranchise millions.

Georgia Refuses To Reunite Children With Family Because Parents Are Undocumented

A custody fight in Georgia is illustrating the biases of a foster care system that some say routinely subverts the parental rights of undocumented and non-English speaking mothers and fathers:

Ovidio and Domitina Mendez’s lost their five children to foster care when the Georgia Department of Family and Children Services arrived at their home claimed the kids were malnourished. The couple, who are both undocumented immigrants from Guatemala, says they did everything the child welfare agency asked them to do to get their kids back. But three years later, the children are still in foster care with strangers. Why? Because they are undocumented immigrants who speak Spanish, according to advocates.

A recent study by the Applied Research Center revealed that at least 5,100 children are languishing in America’s foster care system because their immigrant parents were detained or deported. But the report also found that even when undocumented parents are not detained or deported, they face bias in the child welfare system as a result of cultural and language discrimination.

For instance, at the June hearing that terminated the Mendez’s parental rights, they were peppered with seemingly irrelevant questions about their English-speaking ability and immigration status. “Describe for the court why even three years after [the children went into the state’s custody] you cannot speak English without an interpreter,” asked Bruce Kling, special assistant attorney general for Whitfield County Department of Family and Children’s Service.

The state also argued that the Mendezes’ should not regain custody because, as undocumented immigrants, they could not attain driver’s licenses and therefore couldn’t transport their children. ARC found that many county child welfare departments give this justification for why undocumented parents can’t be trusted as caregivers.

The suggestion that undocumented immigrants are unfit parents (usually for reasons related to their poverty) is often used to separate them from their children. But children then remain in foster care because of the barriers that undocumented mothers and fathers face in trying to regain custody. Parents’ undocumented status also works against them by preventing them from accessing state services that would enable them to better provide for their children.

NEWS FLASH

300 Tennessee Clergy Gather To Prevent Spread Of Anti-Immigrant Laws To Their State | Faith in Public Life reports that an interfaith coalition of nearly 300 clergy met in Nashville, Tennessee, to discuss the moral implications of anti-immigrant laws that are spreading throughout the country. Faith leaders in states like Alabama, who view the new laws as divisive, bigoted, and un-Christian, have been at the forefront of the fight against them. Bishop William Willimon of the North Alabama Conference of The United Methodist Church keynoted the event. Willimon has joined the federal lawsuit against Alabama’s draconian immigration law, which he’s dubbed “the meanest immigration law in the nation.”

Health

Santorum: Insurers Should Discriminate Against People With Pre-Existing Conditions

Rick Santorum sounded like a representative from the health insurance industry when he addressed a small group of high school students in Merrimack, New Hampshire this morning. The former Pennsylvania senator not only defended insurers for denying coverage to people with pre-existing conditions, he also argued that individuals who are sick should pay higher premiums because they cost more money to insure:

SANTORUM: I had insurance under my employer. And when I decided to run for president, I left my job, I lost my insurance, I had to go out and buy insurance on the open market. We have a child who has a pre-existing condition and we went out and we said, we like this plan…we have to pay more because she has a pre-existing condition. Well, we should pay more. She’s going to be very expensive to the insurance company and, you know, that cost is passed along to us…I’m okay with that.

Comparing health insurance coverage to auto insurance, Santorum explained that beneficiaries could reduce insurance premiums by paying for services out of pocket, and only rely on their health insurance coverage for the most catastrophic expenses:

SANTORUM: Health insurance, you turn everything in. You turn in every claim, you turn in your oil change, you turn in your tires, you turn in filling up your gas tank, everything is turned in to insurance and then people wonder why, ‘oh my insurance rates are going up?’ Insurance rates shouldn’t pay for your general maintenance any more than they should pay for the general maintenance of your car. [...] Should they pay for the operation, well just as much as they should pay for the car accident.

Watch it:

The Affordable Care Act eliminates the pre-existing condition exclusion by requiring everyone to purchase health insurance coverage, thus greatly reducing the number of so-called free riders, or people who wait before they become ill to purchase health coverage. By creating an incentive for younger and healthier people to purchase coverage, reform expands the risk pool so the costs of the sick people are paid for with the premiums of the healthy. Once they fall ill, their costs will be borne by the next generation of healthy beneficiaries.

As for forcing struggling families to pay the full costs of their health care “maintenance,” that would (at the very least) discourage people from investing in prevention and have a limited impact on reducing health care spending, the overwhelming majority of which is borne by the sickest beneficiaries with multiple chronic conditions. If anything, costs will likely increase since middle and lower income Americans would forgo care that could prevent the further — more expensive — medical complications.

NEWS FLASH

Anti-Gay Justice To Georgia: ‘You Can’t Discriminate’ Against A Transgender Person | Bill Pryor, the notoriously anti-gay justice currently sitting on the Eleventh U.S. Circuit Court of Appeals, may be re-thinking his long-held prejudices against the LGBT community, Project Q’s Matt Hennie reports. While hearing a case of a transgender woman alleging that the state of Georgia violated the Constitution by firing “her when he announced her transition from transition from male to female following a diagnosis of Gender Identity Disorder,” Pryor told lawyers for the state on Thursday, “We have direct evidence of intentional discrimination, it seems to me.” “You can’t discriminate against someone because they don’t behave the way you expect them to behave because of their sex,” he added. Pryor also agreed that if the woman were to win this case, “transgender people would become a ‘protected class.’” In July 2010, U.S. District Court Judge Richard Story found that the firing was illegal and that the state “violated the Constitution and discriminated against her for failing to conform to sex stereotypes.” Georgia is appealing the ruling before Pryor’s court.

16,000 Alabama Police Officers Required To Receive Training On Enforcement Of State’s Immigration Law

Alabama officials announced Thursday that every sworn police officer in Alabama — all 16,000 of them — will go through four hours of mandatory training about how to enforce HB 56, the state’s draconian anti-immigrant law. The law has caused confusion across the state, said Alan Benefield, head of the Alabama Police Officers’ Standards and Training Commission, and ongoing legal challenges complicate the situation further. One of the first people arrested under the law turned out to be a legal immigrant, and two employees of foreign carmakers in the state have been arrested even though they were in the state legally.

The AP reviewed the training materials:

Training materials from the course, provided to The Associated Press by Benefield, emphasize that only the federal government has the power to determine whether someone is in the country legally, but that police agencies and administrators can be sued under the state law for failing to enforce either it or federal immigration statutes.

A course handout explains how officers should operate under the state statute — profiling based on race, color or national origin is barred — and says the law “does not authorize state, county and municipal agencies to seek out ‘illegals’ for deportation.”

Enforcement of the new law isn’t supposed to interfere with other police work. “This law doesn’t change the focus or priority of your agency,” the materials state.

The training will continue into January. Benefield told the AP that the training could not happen sooner because the commission had to sort through all of the court rulings regarding the law to understand what they were working with.

Update

Greg Hardy, an executive assistant with the Alabama Peace Officers’ Standards and Training Commission, clarified that while most of the officers will start training in January, several thousand have already gone through the training, which began in November.

NEWS FLASH

Democrats Announce New Effort To Combat GOP’s Assault On Voting Rights | On a press call yesterday, DNC Chair Debbie Wasserman Schultz announced a new Democratic effort to counter Republicans’ assault on voting rights. In a prepared statement, she said, “Republicans across the country have engaged in a full-scale attack on the right to vote, seeking ways to restrict or limit voters’ ability to cast their ballots for their own partisan advantage.” She pointed out that Republicans have focused their efforts on swing states they hope to turn red in 2012 by keeping Democratic voters from the polls. Restrictive new voting laws in more than 30 states disenfranchise the 11 percent of Americans who don’t have government-issued IDs, and disproportionately affect minority voters.

ACLU Alleges That FBI Is Illegally Gathering Information On Muslims During Community Outreach

The American Civil Liberties Union (ACLU), using information gathered from internal Federal Bureau of Investigation (FBI) documents, is alleging that the FBI is illegally gathering information on Muslims’ political and religious affiliations during outreach meetings.

Particularly since the September 11 terrorist attacks, the FBI has been conducting outreach with American Muslims and Arab Americans, working with them to increase cooperation between communities and federal authorities. Yet the documents obtained by the ACLU show that the FBI has been using this outreach to spy on Muslim communities that are working with the federal government.

As one example, FBI agents are “recording Social Security numbers and other identifying information of people they meet,” and one agent in California even recorded the political views of the attendees of a Ramadan dinner, noting that one was “very progressive” and another was “very Western in appearance and outlook“:

Some of the papers show agents speaking at career days, briefing community members on FBI programs and helping them work with police to fight drug abuse. But the files also depict agents as recording Social Security numbers and other identifying information of people after they meet, and, in at least one instance, noting their political views. It appears that the agents are conducting follow-up investigations in some instances, but heavy redactions in the documents make it impossible to determine how far any examination might have gone.

In one case, an agent wrote that he checked California motor vehicle records on someone the agent encountered at a Ramadan dinner at a San Francisco Islamic association. One attendee is described as “very progressive.” Another is called “very Western in appearance and outlook.”

The ACLU alleges that this spying is actually illegal. It’s disconcerting that the FBI is engaging in illegal spying, and it is also troubling that the FBI is betraying the trust of the very American Muslims who have chosen to cooperate with the federal government in its goal of identifying and preventing domestic radicalization.

“The allegations themselves are extremely damaging to the partnership,” said the Muslim Public Affair Committee’s Alejandro J. Beutel to Talking Points Memo. “Whether or not we’re talking about whether this is deliberate or accidental, we really need to hear some immediate clarification from officials at the FBI because it really seems like the partnership — which has been very important to keeping our nation safe and secure — has come under enormous strain, especially in the past few months.”

Update

For more on the FBI’s disturbing trend of hostile tactics against the Muslim American community, see Wired Magazine’s investigation into how FBI agents are being taught that Muslims are inherently violent or radical and other Islamophobic myths.

Justiceline: December 2, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

  • Arguing that child labor teaches important “life lessons,” 70 rural state lawmakers led by Republican Rep. Danny Rehberg (MT) are fighting against new Labor Dept. regulations that would limit the work that young people can do on farms. 400,000 children working on farms not owned by family members are not protected under current law.
  • Nearly all student arrests in New York City public schools target black or Latino males, according to numbers released under the Student Safety Act. Out of 63 arrests made this summer and fall, only four students were not black or Latino.
  • Former New Mexico Gov. and Democratic presidential candidate Bill Richardson is being investigated by a federal grand jury for possible violations of campaign finance laws.
  • A Pew Hispanic Center study released yesterday finds that 63 percent of undocumented immigrants in the U.S. have lived here for more than 10 years, and 46 percent of undocumented immigrants had minor children.
  • The House Intelligence Committee approved a sweeping new cybersecurity bill after making changes to safeguard civil liberties at the urging of Democrats and the White House.
  • A former safety manager for the Denver Police told the Civil Service Commission that beating of suspects is “run of the mill” for many at the department. He said the recent beating of a 16-year-old which resulted in a damaged liver and kidney was unusual only in the severity of the injuries.

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