May, 01 2012, 11:38am EDT
Government Settles Charity's Lawsuit Over Unconstitutional Terrorism Probe
Agreement Removes KindHearts from List of Groups with Assets Frozen, Allows Funds to Go to Humanitarian Causes
TOLEDO
The U.S. Treasury Department has settled a lawsuit brought by KindHearts for Charitable Humanitarian Development, an Ohio-based charity that was under investigation for alleged ties to terrorism.
After a string of legal victories for the group, including court findings that the government's actions violated its due process and Fourth Amendment rights, the government has agreed to remove it from a blacklist and let it distribute funds raised for humanitarian causes consistent with the intent of donors. Details of the agreement were announced today.
This is the first time the government has agreed to de-list a frozen organization as a result of a lawsuit, and to then allow it to distribute its assets.
"This settlement is a tremendous victory for KindHearts and the rule of law," said Alexander Abdo, staff attorney with the American Civil Liberties Union's National Security Project. "No American charity should have to endure the unconstitutional treatment that KindHearts was subjected to. We hope the government now realizes that, as the court held, the executive branch cannot simply ignore the Constitution in the name of national security."
The Treasury Department froze KindHearts' assets and effectively shut down the charity in February 2006, based on secret evidence and without any finding of wrongdoing, pending an investigation into whether to label the charity a "Specially Designated Global Terrorist." The government instituted the freeze without a warrant or probable cause, and without providing the charity a chance to defend itself. KindHearts sued in 2008 in a lawsuit brought by the ACLU, the ACLU of Ohio and several civil rights attorneys.
"The Treasury Department settled only after a federal court ruled that the designation process denied KindHearts notice and a fair opportunity to defend itself, the bedrock requirements of fair process," said Georgetown Law Professor David Cole, co-counsel for KindHearts. "If the Treasury Department wants to use this process in the future, it will need to amend its procedures to bring them into conformity with the Constitution."
In a landmark 2009 ruling, a federal court sided with KindHearts, holding that the Treasury Department violated the Constitution by freezing KindHearts' assets without a warrant based on probable cause. The court barred the Treasury Department from designating KindHearts a terrorist group unless it provided KindHearts real notice of the charges against it and a chance to defend itself, including meaningful access to or summaries of the classified information the government was relying on.
The ruling also ordered the government to demonstrate that it had probable cause to freeze KindHearts' assets in 2006. The government opened settlement discussions on the eve of being forced to make its case in court.
After paying creditors, KindHearts will have close to $1 million to donate to the U.N. World Food Programme, UNICEF and Mercy Corps to support humanitarian work in Pakistan, the West Bank and the Gaza Strip.
"From 2002 through 2006, KindHearts distributed food, clothing and school supplies to those in need around the world. Although we welcome our government's decision to abandon its unconstitutional effort to label KindHearts a terrorist organization, the sacrifices made by KindHearts' employees and their families, donors and beneficiaries must not be forgotten," said Jihad M. Smaili, KindHearts board member and attorney. "Although we remain saddened by our government's conduct in shutting down KindHearts, we are pleased that those most in need will finally receive some help based on our donors' wishes. But most importantly, our government is reminded today that its power ought to follow justice, not precede it."
Under the settlement, the government will also pay KindHearts' attorneys' fees, which under federal law are due only when the government's position is not "substantially justified." The settlement notes that KindHearts, which has been shut down for six years, "has independently determined to close down because further charitable work would be best pursued under other auspices." The agreement specifies that KindHearts' board members are free to "form[] a new organization to engage in charitable activity in the Middle East or elsewhere." Some of KindHearts' board members are considering whether to launch a new charity to continue their charitable activities.
In addition to Abdo and Cole, attorneys on the case are Ben Wizner and Hina Shamsi of the ACLU, Lynne Bernabei and Alan Kabat of Bernabei & Wachtel, PLLC, and Fritz Byers.
The settlement agreement is available at:
www.aclu.org/KindHeartsSettlement
More information on the case is available at:
www.aclu.org/KindHearts
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Indigenous Brazilians Mobilize for Land Demarcation, Tribal Rights
Participants in the 20th Free Land Camp demanded that leftist Brazilian President Luiz Inácio Lula da Silva deliver on his promises to Indigenous people.
Apr 26, 2024
Thousands of people rallied this week in Brasília for the 20th annual Free Land Camp—the largest gathering of Indigenous people in Brazil—where participants demanded that President Luiz Inácio Lula da Silva's administration safeguard their lands and cultural rights
Organized by the Association of Brazil's Indigenous Peoples (APIB), the five-day Free Land Camp—in Portuguese, Acampamento Terra Livre (ATL)—wrapped up Friday after a week of solidarity and action. Activities included rallies and marches; events commemorating slain Indigenous activists; and plenary sessions on the climate emergency, education, mental health, and more.
Some participants criticized Lula—who was notably absent from this year's ATL after attending the previous two camps—for what they said was his failure to fulfill campaign promises to Indigenous Brazilians—although attendees also acknowledged that his administration has taken major steps toward tackling illegal resource extraction and demarcating tribal lands.
Two big issues at this year's ATL—whose theme was "Our Existence is Ancestral: We Have Always Been Here!"—were the demarcation of Indigenous lands and opposition to proposed Amazon megaprojects, especially the plan to build the EF-170 railway through the heart of the imperiled rainforest in order to boost mining, logging, agribusiness, and other resource extraction and exploitation.
Last year, Brazilian lawmakers overruled Lula's partial veto of the highly contentious "Marco Temporal" law, which effectively paused demarcations and potentially opened more Indigenous lands to exploitation.
Demarcation confers legal protections against the illegal logging, mining, and ranching that have plagued rural Brazil for generations. On April 19—Indigenous Peoples Day in Brazil—Lula touted his government's demarcation of Aldeia Velha, land of the Pataxó people, in the northeastern state of Bahia, as well as the territory of the Karajá people in Cacique Fontoura, Mato Grosso.
Lula has acknowledged that his administration is falling short of its own demarcation pledges to Indigenous people and has promised to do more.
Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, criticized the demarcation delay.
"Twenty years of resistance struggle by the Terra Livre camp. For 20 years we've been coming to Brasília, occupying and seeking our rights," she said. "This year, we're waiting for the government to demarcate all our lands. But the government is letting the [state] governors decide for us."
"This is not what we expect. It's not the governor's decision to make. It's the federal government's," Korap Munduruku added. "This is written in the Constitution, and we see that we are being used."
Brazilian and international agribusiness interests, including commodity traders like U.S.-based Cargill, are pushing Lula's administration to proceed with EF-170—commonly called the Ferrogrão—over the objections of Indigenous peoples. Kayapó leader Doto Takak-Ire warned last year that the Ferrogrão threatens the survival of no less than 48 native peoples, calling the project "the railway of Indigenous genocide."
Earlier this year, Brazilian Transport Minister Renan Filho said that building the Ferrogrão is a top administration priority, sparking widespread disappointment and anger among the Kayapó and other Indigenous people who say they'll be adversely affected by the railway.
ATL participants on Thursday led a "train of death" through Brasília's Esplanade of Ministries, a greenway bisecting numerous government buildings, to draw attention to the project's perils.
"Ferrogrão is the train of death, of deforestation," Korap Munduruku said Thursday.
"The railroad is not going to carry people, as they claim, but grain production of international companies that are financing this project," she continued. "It's a project that will affect not only Indigenous people, but also traditional communities and the people who live in the towns alongside its route."
"In addition, it is a project that will affect people all over the world because it would exacerbate climate change with the massive deforestation it would cause," Korap Munduruku added.
APIB executive coordinator Kleber Karipuna said the government did not adequately consult Indigenous peoples when planning the Ferrogrão.
"Hearings have only been held in cities, none in Indigenous villages," the Karipuna tribal leader said. "Once again, we demand that the protocols for consulting Indigenous peoples be respected. Additionally, the absence of a consultation protocol should not be used as an excuse to deny consultation of peoples affected by the project."
Takakpe Tapayuna Metuktire of the Raoni Institute, which promotes Indigenous rights and sustainability, warned that "Ferrogrão represents the death of kilometers and kilometers of forest."
"While we should be thinking about how to preserve what remains and think about alternative infrastructure projects that respect our rights, nature, and Indigenous and traditional peoples," Tapayuna Metuktire asserted. "We are fighting to prevent yet another project of death and destruction from prevailing in the Amazon. With Ferrogrão all that will be left is scorched earth."
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UN Warns of 'Catastrophic' Imminent Escalation in Sudan
Warring factions in North Darfur state must "avoid locating military installations within or near densely populated areas, including towns and camps for internally displaced people," said one U.N. official.
Apr 26, 2024
The United Nations' top humanitarian affairs officials on Friday called for an immediate deescalation of hostilities in Sudan, where rival factions in the military government have been fighting for a year and where an attack on the city of El Fasher is reportedly imminent.
About 800,000 people in the city, the capital of North Darfur state, are in "extreme and immediate danger," U.N. aid operations director, Edem Wosornu, told the U.N. Security Council earlier this week, as she reported that clashes between the Rapid Support Forces (RSF), a paramilitary group, and the Sudanese Armed Forces (SAF) are nearing El Fasher.
Fighting between the two groups has intensified in recent weeks, forcibly displacing an estimated 40,000 people.
The U.N. Office for the Coordination of Humanitarian Affairs said Friday that the security situation in North Darfur has left more than a dozen aid trucks with relief supplies for 122,000 people stranded in neighboring Northern state, unable to proceed into the only capital city in Darfur that is not controlled by RSF.
"A patchwork of armed actors, including the Darfur Joint Protection Forces, the SAF, and the RSF control different parts of the El Fasher area," Human Rights Watch reported this week. "Tense calm alternating with episodic fighting has prevailed for months."
Since April 14, when RSF began to push into El Fasher, at least 43 people—including women and children—have been killed due to fighting between the SAF and RSF.
"Civilians are trapped in the city, afraid of being killed should they attempt to flee," said Seif Magango, spokesperson for the U.N. high commissioner for human rights, Volker Türk. "This dire situation is compounded by a severe shortage of essential supplies as deliveries of commercial goods and humanitarian aid have been heavily constrained by the fighting, and delivery trucks are unable to freely transit through RSF-controlled territory."
The lack of humanitarian aid in North Darfur has pushed the state toward a famine, with one child dying of starvation every two hours, according to a February report by Doctors Without Borders.
In December, the U.S. State Department announced an $85 million sale of radar and other military equipment to the United Arab Emirates (UAE), which The New York Times reported last year has been covertly supporting the RSF.
U.S. Rep. Ilhan Omar (D-Minn.) proposed a joint resolution to block arms sales to the UAE in January, in light of its support for the paramilitary group.
Omar was among several lawmakers who wrote to President Joe Biden and Secretary of State Antony Blinken earlier this week, urging them to "deliver urgently-needed humanitarian assistance" and to help end the hostilities.
Sudanese-Australian writer Yassmin Abdel-Magied urged Americans on Friday to pressure lawmakers and the White House to take more action.
"There is a tiny window of opportunity for us to find a way to get the UAE... to make the RSF to stop in their tracks," said Abdel-Magied. "Maybe there's a way that we can avoid this massacre."
OCHA called on the warring parties to "take constant care to spare civilians and civilian objects in the conduct of military operations."
"They must, to the extent possible, avoid locating military installations within or near densely populated areas, including towns and camps for internally displaced people," said the office. "It is also imperative that the parties allow safe passage for civilians to leave El Fasher for safer areas."
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With US Workers on the March, Southern States Take Aim at Unions
GOP leaders in the region are "truly astonished that workers might not trust their corporate overlords with their working conditions, pay, health, and retirement," said one critic.
Apr 26, 2024
Since six Southern Republican governors last week showed "how scared they are" of the United Auto Workers' U.S. organizing drive, Tennessee Volkswagen employees have voted to join the UAW while GOP policymakers across the region have ramped up attacks on unions.
The UAW launched "the largest organizing drive in modern American history" after securing improved contracts last year with a strike targeting the Big Three automakers—General Motors, Ford, and Stellantis. The ongoing campaign led to the "landslide" victory in Chattanooga last week, which union president Shawn Fain pointed to as proof that "you can't win in the South" isn't true.
The Tennessee win "is breaking the brains of Republicans in that region. They're truly astonished that workers might not trust their corporate overlords with their working conditions, pay, health, and retirement," Thom Hartmann wrote in a Friday opinion piece.
"The problem for Republicans is that unions represent a form of democracy in the workplace, and the GOP hates democracy as a matter of principle."
"The problem for Republicans is that unions represent a form of democracy in the workplace, and the GOP hates democracy as a matter of principle," he argued. "Republicans appear committed to politically dying on a number of hills that time has passed by. Their commitment to gutting voting rolls and restricting voting rights, their obsession with women’s reproductive abilities, and their hatred of regulations and democracy in the workplace are increasingly seen by average American voters as out-of-touch and out-of-date."
Just before voting began in Chattanooga, GOP Govs. Kay Ivey of Alabama, Brian Kemp of Georgia, Tate Reeves of Mississippi, Henry McMaster of South Carolina, Bill Lee of Tennessee, and Greg Abbott of Texas claimed that "unionization would certainly put our states' jobs in jeopardy" and the UAW is "making big promises to our constituents that they can't deliver on."
The next nationally watched UAW vote is scheduled for May 13-17 at a Mercedes-Benz plant in Vance, Alabama.
"Workers at our plant are ready for this moment," Mercedes employee Jeremy Kimbrell said last week. "We are ready to vote yes because we are ready to win our fair share. We are going to end the Alabama discount and replace it with what our state actually needs. Workers sticking together and sticking by our community."
As workers gear up for the election, the Alabama House of Representatives on Tuesday voted 72-30 for a bill that would withhold future economic incentive money from companies that voluntarily recognize unions rather than holding secret ballots. The state Senate previously passed a version of the legislation but now must consider it with the lower chamber's amendments.
The Associated Pressnoted that "Georgia Gov. Brian Kemp signed similar legislation on Monday" and that Tennessee already has one on the books.
With his signature on Senate Bill 362, "Kemp's aim is to thwart future organizing attempts by workers at automotive plants in Georgia, such as those operated by Hyundai Motor Group," according toThe Atlanta Journal-Constitution.
As the newspaper detailed:
Georgia has been a right-to-work state since 1947, when Congress passed the Taft-Hartley Act, allowing workers to refuse to join a union or pay dues, even though they may benefit from contracts negotiated by a union with their employer. Just 5.4% of workers in the state belonged to a union in 2023, according to the U.S. Bureau of Labor Statistics.
But the National Labor Relations Act of 1935, also known as the Wagner Act, protects the right for workers to form a union and collectively bargain for better wages and working conditions.
The new Georgia law is expected to be challenged in court, labor experts have said.
Acting U.S. Labor Secretary Julie Su told the AP on Thursday that she is not sure if the department will challenge the laws, given the National Labor Relations Board's responsibilities, but she stressed that "there are federal standards beneath which no worker should have to live and work."
In terms of joining a union, "that choice belongs to the worker, free from intervention, either by the employer or by politicians, free from retaliation and threats," Su said. "And what we are seeing is that workers who were thought to be too vulnerable to assert that right are doing it, and they're doing it here in the South."
The U.S. labor chief also slammed "unacceptable" union-busting efforts by companies and suggested that protecting the right to unionize is part of President Joe Biden's "promise to center workers in the economy."
"He has said he's the most pro-worker, pro-union president in history, and we are going to make good on that promise. And that includes making sure that workers have the right to join a union," Su said of the president.
Biden's commitment to workers and unionizing rights has caught the attention of GOP leaders. The governors' joint statement nodded to the UAW's January endorsement of the president, who is seeking reelection in November, and South Carolina's leader attacked the administration earlier this year.
During his January State of the State speech, McMaster declared that "we will not let our state's economy suffer or become collateral damage as labor unions seek to consume new jobs and conscript new dues-paying members. And we will not allow the Biden administration's pro-union policies to chip away at South Carolina's sovereign interests. We will fight. All the way to the gates of hell. And we will win."
News From the Statesreported Friday that "of all the foreign-owned automakers in South Carolina, BMW would be the most likely mark in the near term if enough of its workers show interest. The massive plant near Greer—the manufacturer's only U.S. production facility—employs some 11,000 people, twice the number of workers at Volkswagen in Tennessee and Mercedes in Alabama. It has operated in the Upstate for nearly 30 years and is in the process of adding electric vehicle lines."
However, a UAW spokesperson told the outlet that they don't yet have the numbers for the BMW and Volvo facilities in the state, and Marick Masters, a Wayne State University professor who studies the union, said: "I don't think they're writing anybody off but they know the history of unionization. And I would say South Carolina is a very inhospitable place for unions."
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