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Washington Report on Middle East Affairs, December 1998, pages 115-118 Human Rights
Friends of Albania Conduct All-Night Vigil at White HouseFriends of Albania, an organization comprising returned American Peace Corps volunteers, with the support of Amnesty International, the International Crisis Group and a number of other human rights organizations held an all-night candlelight vigil in front of the White House Oct. 17-18 to urge President Bill Clinton “to place human rights at the heart of United States policy on Kosovo Province.” Participants assembled in Washington, DC’s Dupont Circle at 1 p.m. Saturday to pass out information and circulate petitions for signing. At 6 p.m. they marched to Lafayette Park, facing the White House, where they again set up an information center. At 7 p.m. they began an all-night vigil, walking with lighted candles and signs supporting the people of Kosovo, in a circle in front of the White House for 12 hours until 7 a.m. In an open letter to President Clinton signed by hundreds of supporters, the demonstrators noted that “we fear the duty of the international community to protect the fundamental human rights of the people of Kosovo Province continues to be pushed into the background.” The letter urged the Clinton administration “to take a leadership role ensuring that any agreements provide for human rights monitors, information about detainees and ‘disappeared’ residents of Kosovo Province, full support for the International Criminal Tribunal for former Yugoslavia, full protection for journalists and human rights activists in the Federal Republic of Yugoslavia, retraining and restructuring of the police, and establishment of mechanisms to ensure that those who have had their houses or property deliberately destroyed are able to seek reparation and compensation.” Friends of Albania invites readers seeking more information or to become involved to contact it at e-mail address gezuar@ hotmail.com. Other addresses include 1511 K St. NW, Ste. 633, Washington, DC 20005 or fax (202) 737-2872. —Richard H. Curtiss
Secret Evidence Topic of AAI Briefing on Capitol HillThe Cannon House Office Building in Washington, DC was the scene of an Oct. 21 briefing hosted by the Arab American Institute (AAI) on the subject of secret evidence and the threat it holds for freedom in the United States. AAI President James Zogby began by warning of the danger that the use of secret evidence against U.S. residents who are not yet citizens holds for immigrants to the United States, especially Muslim and Arab Americans. He traced the genesis of this policy to the passage of sweeping anti-terrorism legislation by Congress in 1996 in the wake of the Oklahoma City bombing. The rights guaranteed in the Constitution are in danger as a result of parts of this legislation, according to Zogby. In every instance where secret evidence used against non-U.S. citizens has been revealed, Zogby said, it has concerned the individual’s associations and beliefs and has had nothing to do with actual criminal activity. The constitutional rights most at risk from the use of evidence withheld from defendants and their legal counsel are the right to know the identity of their accusers, the nature of the evidence against them, and the rights to free association and to freedom of speech and belief, according to Zogby. He said he is greatly disturbed that equating Islam with terrorism has become public policy. Of the 24 cases now pending with the Immigration and Naturalization Service (INS) that involve use of secret evidence, he noted, all except one or two involve Muslims or Arabs. To dramatize the large discrepancy between popular stereotyping and facts, Zogby noted that the latest Federal Bureau of Investigation (FBI) figures on 180 terrorist attacks within the United States in the past year show only three tied to Arabs and Muslims. Similarly, annual State Department reports show the most anti-American terrorist actions outside the U.S. occur in Central America, totaling about 80 to 90 per year, while the Middle East is the scene of only about 7 to 9 such incidents per year. Nahla Al-Arian, the sister of Mazen Al-Najjar, who has been in detention in Florida for one and a half years on the basis of secret evidence, described the sense of betrayal she has felt since the government of her adopted homeland incarcerated her brother without revealing why this has been done to him. Al-Najjar, a Palestinian-born resident alien in the United States, was arrested in May of 1997, but still has not been charged with any crime. Bail also was denied based on secret evidence, despite the lack of charges and the fact that Al-Najjar has a wife, children and other relatives in the United States. Al-Arian charged also that her brother was offered U.S. citizenship and a good job if he would become an informant against his fellow Muslims, which he refused to do. She concluded with an emotional plea for Americans to wake up to the fact that Muslims and Arabs within the United States are just as much a part of the community as anyone else and that, like everyone else, they just want to live in peace. David Cole, a constitutional law professor at Georgetown University, gave a detailed look at the history and practice of using secret evidence in the United States, and the damage to the framework of the Constitution that it is causing. He noted that while the INS has aggressively pursued the use of secret evidence against defendants since 1996, the very concept of secret evidence is anathema to the United States Constitution. He noted also that the only two times in the past decade that the INS has been taken to federal court over the use of secret evidence by a defendant’s counsel, the practice was ruled unconstitutional. Cole emphasized that secret evidence is never allowed against defendants in criminal trials. In the instances when secret evidence in INS cases has been challenged, the released evidence has been overwhelmingly trivial in nature, he noted. He went on to explain that the use of secret evidence is something which can be repealed legislatively. The actual provisions providing for the use of secret evidence were put into the anti-terrorism legislation with little publicity, and very few Americans are aware that this has been done. Suheil Khan, press secretary to Congressman Tom Campbell of California, announced that 18 members of Congress are active on the issue of secret evidence. The bipartisan group is hoping to introduce legislation in January to repeal the section of the anti-terrorism legislation permitting the use of secret evidence and, in the process, reaffirm the freedoms of due process, association and speech, according to Khan. Cole warned that if the INS gets away with using secret evidence against resident aliens, other parts of the government could start to use the same procedure against U.S. citizens. —Michael S. Lee
Peace and Justice Foundation Discusses Human Rights AbusesThe Peace and Justice Foundation sponsored a forum on human rights abuses resulting from the U.S. government’s “War Against Terrorism” and the use of “Secret Evidence” at the Muslim Community Center in Silver Spring, Maryland on Oct. 10. One of the issues addressed is the Intelligence Authorization Bill, H.R. 3694, which severely curtails civil liberties in the United States. It expands the use of wiretaps, empowering the FBI to place a “roving wiretap” on any phone a suspect may use, in some cases without a court order. Also the FBI will have easy access to phone calls, travel records, hotels, airlines and car rentals. At the forum, Kit Cage, coordinator of the National Coalition to Protect Political Freedom, gave her overview of the U.S. government’s actions against political dissidents throughout this century. She said the FBI’s targets seem to be immigrants, communists, labor organizers, and civil rights activists instead of criminals. With the fall of the Soviet Union, America has made “terrorism” its new public enemy, Cage said. Now, instead of international communism, there are seven countries on its “terrorism” list and an ever-changing catalog of approximately 30 foreign “terrorist organizations.” Cage said the FBI’s ability to investigate residents and monitor their communication has dramatically increased due to the combination of new technology and new laws. These new laws will rescind U.S. residents’ First Amendment rights and criminalize humanitarian assistance to whatever groups the government, sometimes for domestic political reasons, chooses to define as terrorist organizations. “It’s un-American and we won’t tolerate it,” Cage concluded. “Stand up and support us and these laws will be changed.” Betty Molchany, legal counsel for the American-Arab Anti-Discrimination Committee (ADC), discussed the anti-terrorism and effective death penalty act of 1996 as well as H.R. 4536. “We [the U.S.] should have decided on a definition of terrorist before writing the bill,” Molchany said. “Is a freedom fighter a terrorist? Congress once considered Nelson Mandela a terrorist and now they’ve given him the Congressional Gold Medal. Congress is distorting the facts on terrorism for their own purposes [to get re-elected].” When scholars want to prevent racism or crime, they do a study to determine what causes racism or crime, Mochany said. “In the fight against terrorism there have been no studies of causes. We just go straight into prevention. But actually we’re going straight to punishing, a pre-emptive strike, a military response to create fear. We must demand the bill be amended and that we should look at the cause of the conflict, then solve the conflict.” She also examined the qualifications of the “experts” on the terrorism commission, noting there were no civil liberties experts and also no racial or ethnic balances. In conclusion, she said, there has been little opposition to the bill, other than some mild complaining by Arab Americans. “We shouldn’t be so humble,” she said. “We ask for too little. We must be forceful, not hostile. We do have a choice.” The last speaker was Dr. Abdelhalim Ashqar, who was held by U.S. authorities for several months on no charges, apparently in an attempt to intimidate him into fabricating evidence against associates. He was finally released after refusing to comply and also refusing to eat, when a federal judge concluded that his further incarceration would serve no purpose. Following are excerpts from his talk: “In 1982, an Israeli American by the name of Goodman committed a massacre in the Al-Aqsa Mosque. Two were killed on the spot and tens were injured. Demonstrations erupted everywhere in Palestine, and 35 more people were killed. Goodman was arrested by the Israeli government and sentenced to 15 years in jail. He was released in November of last year, and do you know where he lives? He lives in Maryland. “Now let me ask this question: what if it was a Muslim who committed a massacre against the Israelis; would they let him live in peace in the U.S.? He’s living here. The FBI did nothing, the Justice Department did nothing. But others are jailed for conspiracy, and the Americans confiscate their properties, and they go to jail or trial for terrorism and things like that while Goodman was never even called a terrorist... “In May it was the 50th anniversary of the establishment of Israel, and they were talking about billions of American dollars that were donated to the Jewish State. The official aid from the U.S. government was about $78 billion, and there has been more, unofficial aid by different Jewish organizations. The settlements were built by official and unofficial money; jails were built by official and unofficial aid, intelligence departments that committed unimaginable atrocities against human beings, against Palestinians, were financed by U.S. official and unofficial aid. The Israeli army is financed by official and unofficial American money. Look at what they’re doing in the territories, the West Bank and Gaza. “On the other hand very few charitable organizations are donating money for humanitarian work—clinics, schools, other essentials for needy people. And they want someone like me or brother Ismail Elbarasse [who also was incarcerated in the U.S.] to testify against those who are working in charities, media, and politics—to stand up and say, this is for terrorism. “I think our community is growing naturally, and we will gain momentum sooner or later. But there are a few things we have to keep in mind. First of all—patience. I’m not saying we are not to stand up for our rights. We have to stand up and fight, legally, for our rights. We should not compromise, but we...should not react with revenge. No, wehave to remember that we are Muslims, we have a mission in this life. Our mission is singly the cause of freedom, equality, and to help the needy, and the weak.” —Mauri’ Saalakhan and Delinda Hanley
Hanan Ashrawi Discusses May 4 Scenarios for Independent PalestineIn discussions at the Center for Policy on Palestine and the National Association of Arab Americans Forum in Washington, DC in late September, prior to the Middle East peace negotiations at Wye Plantation, former Palestinian Education Minister Hanan Ashrawi offered a number of insights on current Palestinian thinking about next May 4. That is the date that final status talks are to be completed under the Oslo accords. President Yasser Arafat of the Palestinian National Authority has said that if Israel continues to delay those talks he will unilaterially declare the existence of the Palestinian state on that date. Ashrawi, who resigned during the summer of 1998 to protest a recent expansion of Arafat’s cabinet which, she said, did not answer popular complaints about PNA corruption, cronyism and lack of accountability, democratic freedoms, and human rights, said Palestinians are making preparations for that unilateral declaration, if it becomes necessary. “We did not enter the peace process to keep Netanyahu in power, Clinton in power, or to ensure Israeli security,” Ashrawi said. “When we cannot secure justice for our own people, how can we keep their confidence? We have to deliver peace for the Palestinians.” She said “preparation for statehood is not something to be embarked upon lightly. Either you mean it or you don’t. The PLO itself has to undergo a process of revitalization. When we declare statehood, all of the Palestinians everywhere should be included, empowered and revitalized... “We want to have elections. We should review and revise our election law. There is a body of law which should apply to our declaration of statehood. We are committed to the timetable... “What we are working on is reactivization, revitalization and the empowerment of the PLO...Once we have declared statehood, then our framework is all of the Palestinians. Statehood is our right.” Asking to comment on Israeli Prime Minister Binyamin Netanyahu’s threat to reoccupy all of the West Bank if Arafat makes his declaration, Ashrawi was defiant: “There is no way Netanyahu can reoccupy. If he does he is going to have a full war on his hands, which he cannot cope with. “They have their scenarios on what they could do. We have our own scenarios on what we can do. We cannot be alone. We need full Arab coordination and support.” —Richard Curtiss
Muslims of America and the 1998 ElectionsThe Council on American-Islamic Relations (CAIR) sponsored a lecture Sept. 28 to discuss American Muslims and the 1998 elections across the country. Atif Harden, executive director of the American Muslim Council, said that when politicians want to get into office, they are not looking for ideas. Instead, they are looking for votes, money, volunteers and telephones. Harden cited a legislative agenda drafted by the California-based American Muslim Alliance. It seeks recognition and tolerance toward Muslims. It points out that Muslims are family-oriented people and lists those family-friendly social concerns. Harden said an important issue is the next census because the forms include no ethnicity, ancestry or religion box. Therefore Muslims, or for that matter any other ethnic or religious group, cannot know its exact numbers. Muslims are also strongly behind international issues like the ratification of the nuclear test ban treaty and are opposed to moving the U.S. Embassy from Tel Aviv to Jerusalem. Though a mosque cannot endorse an individual candidate, Muslim individuals or political groups can and they also can lobby on issues. Sulayman Nyang, professor of African studies at Howard University in Washington, DC, discussed the growing realization of the political role the Muslim community can play. There have been substantial economic and social changes in the African-American community which have given back self-confidence to the black middle class, he said. Forty percent of American Muslims are African Americans and, of the other 60 percent, a quarter were born in the United States, the children of immigrants, he said. The other three-quarters represent more than 100 countries, but despite their diversity, U.S. Muslims have common interests. Muslims can learn how to mobilize their forces by examining what kind of political activism has worked for other ethnic or religious groups, Dr. Nyang said. Muslims can learn from the Catholics who have a global constituency. They are people who came from many different countries, but shared the same religious beliefs. All the diverse Muslim groups must read from the same sheet of music, he said. Both speakers closed by saying that American Muslims must use their right to vote and participate in all levels of the electoral process. —Delinda C. Hanley
Water: Dispute, Prevention and Development—South PerspectivesThe Center for the Global South at American University in Washington, DC hosted a conference Oct. 12 and 13 to examine the political, social, economic and human rights implications of water. Center director Dr. Clovis Maksoud, former Arab League ambassador to the U.N. and the U.S., chaired the conference held as Middle Eastern leaders worked to defuse the crisis between Turkey and Syria, one aspect of which involves equitable sharing of Euphrates River water. Ismail Serageldin, chairman of the Global Water Partnership and World Bank vice president for special programs, gave an overview of available water resources. All of life depends on only 2.5 percent of the water on earth, Serageldin said. The rest of the water is found in glaciers, ice caps, salt water or is lost in evaporation. With population growing, and requiring water to grow food as well to drink, there is already a water shortage, he said. Water supply will have to increase through desalinization, building dams to retain runoffs, and cleaning polluted water, Serageldin said. Man must reduce water consumption and improve “crop per drop” ratios. Cities of the future must improve water usage, especially the amount of water needed to clean waste. (Every time a toilet is flushed, more water is used than is available for an entire day to the average family in the Sahara.) “We’re running out of time,” Serageldin concluded. “We don’t have 25 years to discuss it. Fresh water may be the oil of the 21st century, with water leading to civil strife or outright wars and environmental refugees. March 22, 2000 is World Water Day, when The Hague will take stock and look at the future. We didn’t inherit the earth from our fathers. This is the earth that we borrowed from our children.” —Delinda C. Hanley
Kashmiri American Council Reaffirms Its Policy AgendaThe House of Delegates and the Board of Directors of the Kashmiri American Council (KAC) met in St. Louis, Missouri, Sept. 10 to review the past year’s activities and discuss issues aimed at negotiated settlement of the Kashmir issue. KAC executive director Dr. Ghulam Nabi Fai said that “the permanent members of the United Nations Security Council, the Group of Eight, and the Security Council as a whole should be commended for addressing the Kashmir tragedy and recognizing the conflict as a prime source of nuclear confrontation in South Asia.” The policy resolution which was adopted includes the following:
—Lucille Barnes |