Sunday, July 26, 2020

Suppressing the Minority Voting: An effective discrimination tactic of the US Conservatives

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Nikhita Gautam

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Suppressing the Minority Voting: An effective discrimination tactic of the US Conservatives

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Global Views 360

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July 26, 2020

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Protester at George Floyd protest in USA

Protester at  George Floyd protest in USA | Source: Clay Banks via Unsplash

The recent protests over George Floyd’s death and reactions of the conservatives against the protest laid bare the systemic injustice and oppression faced by the people of color in the USA.

The other, albeit invisible form of discrimination perpetuated by the conservative political establishment in the USA is “Minority Voter Suppression”.

Though it may seem improbable that long after the Jim Crow laws are junked and Civil Right Laws are in place, the effort to disenfranchise the Black people is still going on.

The major piece of legislation which protected minorities from electoral exploitation was the Voter Registration Act which underpins the basic ideal of a universal adult franchise by specifically addressing and combating voting discrimination.

To ensure the representation to minority communities, this act mandated that “At-Large Elections”, where the whole of the jurisdiction elects all of the city council, were replaced by the single member districts in which each community selects a person to represent them in the city council.

It was also prohibited to draw the voting district in such a way that  minorities could be clubbed in only a few of the districts. It was also made mandatory for those states which have a history of discrimination to get pre-clearance from the justice department before changing their voting laws.

This law, however, lost its power in a process which began in 1980. In 1980 the Supreme Court ruled that at-large elections were not unconstitutional, on their own. In 1995, the Court began restricting the construction of majority minority districts on grounds that it segregates people on the basis of race.

In 2008, the court ruled that a photo voter ID law in Indiana was constitutional and was in state interest to protect against voter fraud (research shows that photo voter IDs provide disincentive to vote for people of color). The voter ID law requires the voters to have a government-issued photo ID to cast a ballot.

In 2013, the Supreme Court scrapped the part of the law which stated that some states (which had an alleged history of discrimination) needed federal preclearance in any changes of their voting laws, meaning that the state laws would need approval from the federal government before being put into practice. This was done so citing that the methods which determined discriminatory states were invalid.

All of these slowly chipped away at the laws, and especially the 2013 Shelby County vs Holder case which led to a host of issues whVoter Suppression is Still One of the Greatest Obstacles to a More Just Americaich directly/indirectly keep a significant proportion of minorities from voting. Few of such actions are closure or relocation of precincts in majority black areas, purge of minority voters from the voter lists, and elimination of Sunday early voting days which are preferred by black voters.

There have been attempts to restrict registration drives in Tennessee on the basis that many of the forms were incomplete.

There have also been laws enacted which needed people to participate regularly in elections to keep their voting rights and reply to a letter sent to their residence, which makes it difficult for Black and Hispanics due to obscure areas and the fact that they’re half as likely than other people to get a day off work to vote.

The governor of Georgia, Brian Kemp, has been accused of using intimidation tactics to scare minority communities.

In Texas, the acting secretary of state said that he had a list of 95,000 non-citizens who were registered for voting in the state, and 58,000 of them had already cast a vote. That claim was proven untrue when it was noted that there were tens of thousands of people who were naturalized citizens.

In many states, felons are not allowed to vote even after they have served their sentence, and in Florida felons are allowed to vote only if they have paid an array of fees after serving their sentence, which sets an economic bar on their ability to vote.

This is evident that forces working against the equal rights for the minority communities are still working at full force to reverse the gains of civil right movements. The fight for the unhindered voting rights for the minority communities in the USA at the social, political, and judicial front will continue in the foreseeable future.

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February 4, 2021 5:06 PM

Civilian Trials In Military Courts in Al Sisi’s Egypt

With President Abdel Fattah al-Sisi in power, Egypt is currently in the throes of a near-complete reversal of democracy. Under his rule the military has intruded into almost all aspects of public life, in a very explicit attempt to instill fear in Egyptians.

One of the most pervasive examples of this has been the military’s disruption of judicial process, with interference turning to encroachment as more and more civilians continue to be tried and sentenced by the army, through various nefarious means of expanded military jurisdiction.

Mohammad Morsi at XVI Non-Aligned Movement (NAM) Summit, in Tehran, Iran on August 30, 2012 | Source: Government of India via Wikimedia

While a military judiciary has been present in Egypt since the 1960s, their power continued to grow after then Defence Minister Sisi overthrew the democratically elected President, Mohammed Morsi in a coup and became Egypt’s new leader. Since then he has worked towards removing tenure limits to his term, virtually guaranteeing him power for another decade or more.

The Egyptian government, like many others across the globe, has used the pandemic and the limited mobility of citizens due to it to tighten their chokehold on dissent and opposition. In April 2020, the Egyptian Parliament passed amendments to its Emergency Law. The law already prohibited demonstrations and protests, and now allows the military to arrest and confiscate assets of citizens without requiring permission from the special prosecutor, and investigate civilians without the right to appear before a judge.

Egypt has seen more time under Emergency Law than not in the past few decades, and President Sisi has not strayed from this pattern. The law has been used in many ways to normalize the military trespassing into the civil judicial system, such as having military judges on civil judicial councils and declaring the military judiciary as “an independent judicial entity” no longer under the command of the armed forces.

Public facilities have been placed under military jurisdiction, in conjunction with a law that allows anyone who directly or indirectly “assaults” an army base to be tried in a military court. In these courts defendants do not have common legal rights such as being informed of their charges, access to a lawyer or being brought before a judge soon after arrest.

Late Shaby Habash, a young filmmaker who died in prison August 2020 | Source: Shaby Habash Facebook

Additionally, there have been multiple reports of torture, sexual assault while placed in detention. In prison too, detainees face inhumane conditions, not being allowed to see family, exercise or get sunshine and fresh air. Thousands of student protestors, journalists and political dissidents have been tried in these military courts, and hundreds more have been killed extrajudicially. At the same time, citizens’ tools to criticise these steps are undermined, such as by limiting the domain of NGOs, censoring news and social media, and blocking around 600 websites.

The arrest, incarnation and trial of the deposed President, Mohammed Morsi is a glaring example of what is wrong with Egypt’s military trials. Morsi, who was in jail for over 6 years since the coup in 2013 and was under trial in military court collapsed and died during a hearing in the military court itself.

The constitution, the parliament, the law, and the abuse of these pillars of democracy has been instrumental in Sisi being able to give the military and himself the extreme power that they now possess. But despite restrictions on assembling and protesting, Egyptians continue to make their voices heard in the streets and worldwide, hoping that where institutions betray them, their community won’t. Hoping against hope, hoping against tyranny.

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