The Human Rights Officer (a.k.a. Hate Crime Officer) Is Investigating You
From the desk of The Brussels Journal on Tue, 2008-01-15 10:49
A quote from the Canadian lawyer Ezra Levant at his blog, 13 January 2008
Here is an exchange between me and ["human rights officer", Shirlene McGovern]. I talked about the chilling effect that human rights complaints have not just on the victims – e.g. the people and companies named in the complaints, like we were [because we published the Danish cartoons] – but on other media who see what could happen to them if they dare upset thin-skinned whiners. It's similar to the phenomenon of libel chill, except it's worse. Libel chill is when reporters are worried about writing a story for fear of being sued. But that's not much more than a healthy fear – if a story's facts are true, it's defensible in defamation law. More than that, any would-be plaintiff would have to finance his own lawsuit, be subject to well-known rules of court, and have to pay the costs of any failed nuisance suits. None of those restraints are checks against "human rights commission chill": truth is not a defence; plaintiffs complain for free; taxpayers pay for the prosecuting lawyers; rules are arbitrary; legal precedents are not applied consistently; and instead of judges, tribunals are stacked with activists, many not even lawyers.
The worst part is that there is no deterrent to spurious complaints – there is no cost to making false accusations. That's where the "human rights chill" comes in: why would any rational publisher or editor report on sensitive subjects (read: radical Islam) if they knew they would be tagged with a no-win complaint?
That's the point I was making. And after I made it, Officer McGovern said "you're entitled to your opinions, that's for sure."
Well, actually, I'm not, am I? That's the reason I was sitting there. I don't have the right to my opinions, unless she says I do.
A quote from the Canadian lawyer Ezra Levant at his blog, 12 January 2008
I don't answer to the state.
Publishing the Danish cartoons wasn't rude – by western, liberal standards. It wasn't even rude by the standards of most Muslims, especially most Canadian Muslims. Even radical Muslims only "decided" to riot in places like Iran and Syria when those two dictatorships had a need for an anti-Western riot – not because any of the rioters actually saw the cartoons.
I was happy to answer for the conduct of our magazine to anyone who asked – reporters, readers, the public in general. I probably get asked about the decision once a week, and it's been two years now. But I won't explain myself to the government.
A quote from the Canadian lawyer Ezra Levant at his blog, 12 January 2008
This is what an interrogation in 2008 looks like. It's not in a dungeon, or even a secure government facility. It's not done by paramilitaries in uniforms. It looks banal – in a meeting room at a law office, with a bored bureaucrat. It's what Hannah Arendt called "the banality of evil".
following teachings
Submitted by kappert on Wed, 2008-01-16 12:35.
First, I am an European. As I explained, it does not make much sense to switch religions. Second, Taoism is a philosophy and not a religion. As I do not believe in god(s), a philosophy of harmony between mankind and nature seems to me a worthy goal to achieve.
Re: Gun crime and kappert's imagination
Submitted by atheling on Wed, 2008-01-16 18:36.
"First, I am an European"
Well that helps narrow things down. I was wondering which asylum we should be calling.
As for gun crime in the US, here are some stats provided by the NRA, which, as some might not know, are substantiated if you go to the article and check their footnotes. Because the NRA is under constant scrutiny by the Left, they ensure that their facts are indeed FACTS.
Violent crime hit an all-time high in 1991. Since then, “gun control” laws have been eliminated or made less restrictive at the federal, state, and local levels; the numbers of privately-owned guns, gun owners, and Right-to-Carry states have risen to all-time highs; and violent crime has dropped 38%. Among the four categories of violent crime, murder has dropped 42%, rape 27%, robbery 45%, and aggravated assault 34%.
More Guns. The number of privately-owned guns is at an all-time high. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has estimated there were about 215 million guns in 1999;1 the National Academy of Sciences put the 1999 figure at 258 million.2 The number of new guns each year averages about 4.5 million.3 According to the Bureau of Justice Statistics, there were 68.6 million approved (new and used) NICS firearm transactions from 1994-2005.4 The FBI reports that there were 61.6 million approved NICS transactions from Nov. 30, 1998 through the end of 2005, and that the annual number of transactions increased 2.4% between 2003-2004 and 3.1% between 2004-2005.5
More Gun Owners. The number of gun owners is also at an all-time high. The U.S. population is at an all-time high (299 million), and rises about 1% annually,6 and numerous surveys over the last 40+ years have found that almost half of all households have at least one gun owner.7 Some surveys since the late 1990s have indicated a smaller level of gun ownership,8 probably because of some respondents’ concerns about “gun control,” perhaps a residual effect of the anti-gun policies of the Clinton Administration.
More Right-to-Carry. The number of RTC states is at an all-time high, up from 15 in 1991 to 40 today.9 In 2006, states with RTC laws, compared to the rest of the country, had lower violent crime rates on average: total violent crime lower by 26%, murder by 31%, robbery by 50%, and aggravated assault by 15%.10
Less “Gun Control.” Violent crime has declined while many “gun control” laws have been eliminated or made less restrictive. Twenty-five states have eliminated prohibitory or restrictive carry laws, in favor of Right-to-Carry laws. The federal Brady Act’s waiting period on handgun sales expired in 1998, in favor of the NRA-supported National Instant Check, and some states concurrently or thereafter eliminated waiting periods or purchase permit requirements. The federal “assault weapon” ban expired in 2004. All states have hunter protection laws, 46 have range protection laws, 47 prohibit local jurisdictions from imposing gun laws more restrictive than state law, 44 protect the right to arms in their constitutions, and Congress and 33 states have prohibited frivolous lawsuits against the firearm industry.11
Less Crime. The FBI reports that the nation’s total violent crime rate declined every year between 1991-2004, to a 30-year low in 2004, and that it has risen slightly in the last two years.12 By comparison, the most recent Bureau of Justice Statistics crime victim survey found that “at the national level crime rates remain stabilized at the lowest level experienced since 1973,” when the first such survey was conducted.13
The FBI’s data show that since 1991, when the violent crime rate hit an all-time high, and 2006, total violent crime has decreased 38%, murder 42%, rape 27%, robbery 45%, and aggravated assault 34%. During 2004-2006, total violent crime was lower than anytime since 1974. For the last eight years, the murder rate (fluctuating between 5.5 and 5.7 per 100,000 annually) has been lower than anytime since 1965. Studies by and/or for Congress, the Congressional Research Service, the Library of Congress, the National Institute of Justice, the National Academy of Sciences, and the Centers for Disease Control and Prevention have found no evidence that “gun control” reduces crime.14
http://www.nraila.org/Issues/FactSheets/Read.aspx?id=206&issue=007
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.” – Thomas Paine
article
Submitted by kappert on Wed, 2008-01-16 19:03.
It would be more simple to say how many people are killed by guns, per capita, and compare that value with other countries. But I don't think the NRA likes to publish such a statistic survey. Anyway, if you are happy with your guns so be it.
"I put brackets on 'combat
Submitted by peterakiss on Wed, 2008-01-16 00:10.
"I put brackets on 'combat zone', as the war was declared by the U.S."
So? What does it matter? The laws of land warfare do not make any distinction according to who started it. All belligerents have exactly the same rights and exactly the same obligations. The US invaded Afghanistan, yes. Do the Afghans have a right to resist foreign invasion? Of course they do. Do others have the right to help them? Of course they do. But if they want to be treated according to the universally accepted rules of warfare, they must also observe those rules when they fight. By the way, the Taliban prisoners - who had been members of a duly constituted armed force, etc - were treated fully and scrupulously in accordance with the Geneva Conventions, and were released once hostilities were over.
"Before the U.S. started to intervene, Afghanistan was not a combat zone."
Perhaps you should refresh your knowledge? How many governments functioned in that country? Look up "Northern Alliance"?
"... you could arrest 200 million American citizens!"
You may want to expand on this a little - it does not make much sense like this.
Peter Kiss
you tell me
Submitted by kappert on Wed, 2008-01-16 12:31.
"... you could arrest 200 million American citizens!"
You may want to expand on this a little - it does not make much sense like this.
How many American citizens go on the street armed, rather rampant than organized. Aren't there over 25.000 killings by guns in the U.S.?
I tell you
Submitted by peterakiss on Wed, 2008-01-16 17:55.
"...How many American citizens go on the street armed..."
No idea. Probably quite a few. So? An armed society is a polite society. Furthermore, an armed man is a citizen, while an unarmed man is just a subject.
And since there is no international war taking place, the laws of warfare do not apply. Even if some parts of the country may resemble a combat zone.
"Aren't there over 25.000 killings..."
No idea. Perhaps there are. Maybe we prefer to use guns instead of axes, swords and the like. So? what is the connection with the Levant business?
Peter Kiss
Afghanistan
Submitted by kappert on Wed, 2008-01-16 12:28.
The truth about the Afghan war is to be found in evidence that the 2001 invasion, supported in the west as a response to the September 11th attacks, was actually planned earlier and that the most pressing problem for Washington was not the Taliban’s links with Osama Bin Laden, but the prospect of the Taliban mullahs losing control of Afghanistan to less reliable mujahedin factions, led by warlords who had been funded and armed by the CIA to fight America’s war against the Soviet occupiers in the 1980s. Known as the Northern Alliance, these mujahedin had been largely a creation of Washington, believing they could be used to bring down the Soviet Union. The Taliban were a product of this and, during the Clinton years, they were admired for their discipline, as the Wall Street Journal put it, “[the Taliban] are the players most capable of achieving peace in Afghanistan at this moment in history”.
@ kappert
Submitted by traveller on Wed, 2008-01-16 13:15.
Afghanistan.
Your comment holds mistakes and errors in every sentence.
The "mujahedeen* were armed by the US via the ISI.
The real fighters, like the most famous Ahmed Shah Massood, were NOT armed by the US but by their own wits. Massood PAID for his arms because he controlled the Pansher Valley and the Pansher emeralds, the most beautiful and most expensive in the world.
The Taliban came only AFTER the Russians left.
I have no time now, I' ll try to write some more tonight.
afghan labyrinth
Submitted by kappert on Wed, 2008-01-16 13:36.
The "mujahedeen* were armed by the US via the ISI.
Couldn't it be that these mujahedin involved taliban as well? After all, "by 1987, 65,000 tons of U.S.-made weapons and ammunition a year were entering the war". (Ahmed Rashid, 2000). Given the labyrinth of groups fighting under the umbrella 'United Islamic Front', it is hard to believe that only some groups received weapons and others not. To blame the ISI (Pakistan) for uncontrolled weapon delivery is no excuse.
@ kappert
Submitted by traveller on Wed, 2008-01-16 18:56.
There were NO, ZERO US MADE weapons in Afghanistan, except the Stingers at the end of the war, which were supplied to 2 groups, friends of the ISI.
The weapons came from China, Egypt and the Russian soldiers themselves for drugs and money.
Sorry, but this topic is time and time again misrepresented and misused.
The US had no policy whatsoever because of the "deals" between the CIA and the ISI. The Reagan doctrine was NOT respected by the CIA operatives. Until now I still don't understand why Casey did this.
I was very close to what happened there and some good fighting groups did not receive ANYTHING or some old scrap weapons, like .303 bolt-action rifles.
@ kappert
Submitted by traveller on Wed, 2008-01-16 19:01.
Just 2 days ago, 3 retired ISI officers admitted their "mistakes" by forming, organizing and arming the taliban.
They admitted they lost control.
For your information: Mollah Omar, the taliban "leader" is a Pakistani Baluch from Quetta.
afghan labyrinth
Submitted by peterakiss on Wed, 2008-01-16 18:10.
"Couldn't it be that these mujahedin involved taliban as well?"
It helps, if you know that "taliban" just means "students." In that sense there were probably quite a few taliban fighting the Russians from day one. But the MOVEMENT that called itself the "Taliban" (from the madrassas where the had been studying in Pakistan) came into being in 1993 or '94, well after the USSR's withdrawal.
And don't underestimate the ISI. They were running the Afghan war, not the CIA. Sure, they received some funds from the USA - but they got a great deal more from the Arabs. The did get a lot of equipment from the USA, and some expertise in tech matters. But they needed no instruction in running a clandestine war - they were (and are) experts at it.
You know, it really helps if you check some facts before you write. And we still non't know, how all this connects to the Levant business.
Peter Kiss
taliban
Submitted by kappert on Wed, 2008-01-16 18:53.
"But the MOVEMENT that called itself the "Taliban" (from the madrassas where the had been studying in Pakistan) came into being in 1993 or '94, well after the USSR's withdrawal."
I wouldn't put the existence of the Taliban on that late date. Following the invasion of Afghanistan by the USSR in late December 1979, hundreds of high ranking Afghan politicians and technocrats as well as army officers including generals entered into Pakistan with the hope of organizing the needed resistance to oppose the invader in order to liberate Afghanistan. As a coherent politic-military faction or movement, the Taliban did not exist prior to October 1994, but were members of other factions such as Harakat-e Islami and Mohammad Nabi Mohammadi, or operated independently without a centralised command centre.
Unless...
Submitted by Atlanticist911 on Tue, 2008-01-15 23:37.
"I do not call on following Buddhism or Islam.I do encourage to study religions in order to understand the different and basic ethical questions".
OK,HELP ME TO UNDERSTAND.
What are the "basic and ethical differences" between Islam and Taoism?
i.e. Without repetition of your final paragraph.
@kappert
Submitted by Atlanticist911 on Tue, 2008-01-15 23:29.
Atheling makes an excellent/obvious point.If "right" and "wrong" are mere "constructions", Guantanamo Bay is "right" to me and "wrong" to you.Debate over.
getting real
Submitted by Atlanticist911 on Tue, 2008-01-15 22:14.
Thank you for the correspondence.I'm delighted to see that you are finally in "debating mode".
First,a correction.At no time have I expressed the opinion that good and evil are "easy" concepts to wrestle with.But I do retain the view that good and evil exist.You on the other hand have persistently denied a personal belief in their existence.
If you wish to debate with me the "rights" and "wrongs" of the Bush administration's foreign and domestic policy,including Guantanamo Bay,that's fine with me.All I ask in return is:
* First,you accept the concept of "right" and "wrong" is a reality.
* Second,you are open to enter into discussion and criticism of other governments around the world,with respect to THEIR foreign and domestic policies. (see below)
Favourite kappert quote: "Sorry,I'm boring you...it may alert for ANY human rights abuse IN THE WORLD".
* Third,you are prepared to answer at least one of my previous questions,without prevarication. (see below).
Topics for discussion will include but shall not be restricted to the following:
a) Sharia law vs Western liberal democracy.
b) Islam vs Taoist philosophy
Do we have a deal?If so,let me start the ball rolling by asking you a question I have posed to you in the recent past.
"Should I ever decide to renounce my Christian faith,why should I choose to follow the teachings of Lao-Tse rather than the teachings of Islam's Prophet,Muhammad?"
Thank you.
discussion
Submitted by kappert on Tue, 2008-01-15 23:19.
* First,you accept the concept of "right" and "wrong" is a reality.
They are constructions. A number of inputs (parents, school, religion, climate, soil, food, ...) determine our brain to regard things as 'right' or 'wrong'(to beat slaves, to eat porc, ...). Different imputs imply different views. Any ethical discussion is inconclusive on this concept.
* Should I ever decide to renounce my Christian faith,why should I choose to follow the teachings of Lao-Tse rather than the teachings of Islam's Prophet,Muhammad?
Religion is very strongly linked to the birthplace and its environment. Therefore, many of those who converted to another believe, suffer of alienation. I hope you will not abandon your Christian faith and I do not call on following Buddism nor Islam. But I do encourage to study religions in order to understand the different and basic ethical questions.
*Sharia law vs Western liberal democracy.
Sharia law is an inquisition. Many Muslim countries do not have a sharia constitution. The ones which have, have a lot of trouble with corruption on the ideological level.
*Islam vs Taoist philosophy
Islam teaches obedience, thus it creates a strong top-down hierarchy, often expressed as political involvement of mullahs and the traditional male-female roleplay, which is not viable for Western democracies.
Taoism teaches equilibrium, it goes with the tides. Thus, Chinese accept the current policy as being part of flow, they do not worry about it, while Western democracies seek definition and regulation, which is often deterministic in a non-democratic understanding.
@kappert
Submitted by atheling on Tue, 2008-01-15 23:22.
"First,you accept the concept of "right" and "wrong" is a reality.
They are constructions. A number of inputs (parents, school, religion, climate, soil, food, ...) determine our brain to regard things as 'right' or 'wrong'(to beat slaves, to eat porc, ...). Different imputs imply different views. Any ethical discussion is inconclusive on this concept."
Then you have destroyed any argument you present and have presented. You have no basis to condemn anyone's actions.
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.” – Thomas Paine
right n wrong
Submitted by kappert on Wed, 2008-01-16 12:24.
“Then you have destroyed any argument you present and have presented. You have no basis to condemn anyone's actions. “
Wrong, as any ethical discussion is inconclusive on this concept, you will have vivid discussions and eventually a mutual compromise/agreement.
@kappert
Submitted by onecent on Tue, 2008-01-15 20:31.
You are so grossly off topic. Can't you find another site more appropriate for your anti-American drivel? It's getting redundant, boring and stupid.
boring
Submitted by kappert on Tue, 2008-01-15 20:54.
Sorry, I'm boring you. I thought Brussels Journal in an European journal. It may alert for any human right abuses in the world.
@kappert
Submitted by atheling on Tue, 2008-01-15 21:02.
You're so predictable it IS boring. Your reasoning skills are what is lacking. Before you take up so much bandwith and people's time, how about showing your reader some respect by learning how to think?
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.” – Thomas Paine
thinking
Submitted by kappert on Tue, 2008-01-15 22:11.
It is exactly the thinking which is behind these posts. When a British citizen emigrates to Israel to do his hate blogging, what is he thinking? When a Finnish citizen copies xenophobic articles and make a collage on his website, what is he thinking? And the Canadian lawyer, Ezra Levant, feeling chilled by human rights officials, what is he thinking? It is not the liberal 18th century thoughts of Thomas Paine, for sure.
gitmo and levant
Submitted by peterakiss on Tue, 2008-01-15 18:52.
How does Gitmo fit in here?
Levant is a Canadian citizen, being screwed by Canadian bureaucrats (although he seems to be giving them a few shrewd blows).
The people in Gitmo were caught with weapons in their hands in a combat zone, without uniforms, without belonging to a duly constituted armed force, and without a chain of command. (You must satisfy all these conditions to be treated as a prisoner of war.) They were lucky - in other conflicts against other enemies they would have been stood against a wall and shot on the spot. Quite legally, too - the laws of war allow it.
Peter Kiss
Getting closer
Submitted by kappert on Tue, 2008-01-15 20:06.
“Arendt was referring to the Nazi officers at the Nuremberg trials. Your poor attempt to equate them with US military is absurdity at best.”
I don't think so. Arendt defends that anybody in a similar situation could have acted as the SS-officers did. I suppose that any American military is submitted to the same authority of orders (duty = Pflicht). But that does not give them immunity to say 'I just followed orders'. The 'Alien' was introduced by an American judge; see http://pacer.cadc.uscourts.gov/docs/common/opinions/200801/06-5209a.pdf. "There is little mystery that a 'person' is an individual human being … as distinguished from an animal or thing." [Judge Janice Rogers] Brown said the opinion "leaves us with the unfortunate and quite dubious distinction of being the only court to declare those held at Guantánamo are not 'person[s].' This is a most regrettable holding in a case where plaintiffs have alleged high-level U.S. government officials treated them as less than human." And, more, „Therefore, the alleged tortious conduct was incidental to the defendants' legitimate employment duties. (...) torture is a foreseeable consequence of the military's detention of suspected enemy combatants.“ That is pretty much a justification for torture and we getting closer to the Nazi methods.
And for Peter: „The people in Gitmo were caught with weapons in their hands [in a combat zone], without uniforms, without belonging to a duly constituted armed force, and without a chain of command.“ I put brackets on 'combat zone', as the war was declared by the U.S. Before the U.S. started to intervene, Afghanistan was not a combat zone. For the rest of your sentence, you could arrest 200 million American citizens!
@ kappert
Submitted by traveller on Wed, 2008-01-16 13:02.
Afghanistan is a combat zone since the first Russian intervention and it has not stopped until this very day.
The use of the term alien for non-person is wrong. Full stop.
There is no comparison to Gitmo, get real
Submitted by onecent on Tue, 2008-01-15 16:20.
Ezra Levant's ordeal in front of this Stalinist court has been playing out for years across Europe. Human Rights Commissions are an assault on freedom of speech. Anyone ok with that is a fool who has surrendered their basic liberties.
Hey, kappert, Gitmo prisoners captured on the battlefield or engaged in war against the US are not our citizens, they do not get the protection of the US Constitution. It's that simple. They remain at Gitmo under military rather than civilian authority as they should. Why you even think that Gitmo belongs with the topic at hand is truly stupid. Get real.
Get real
Submitted by kappert on Tue, 2008-01-15 17:08.
Check the text under a Guantánamo perspective:
None of those restraints are checks against "human rights commission chill" [U.S. Military Authorities]: truth is not a defence; plaintiffs complain for free; taxpayers pay for the prosecuting lawyers [military authorities]; rules are arbitrary; legal precedents are not applied consistently; and instead of judges, tribunals are stacked with activists [military], many not even lawyers.
The worst part is that there is no deterrent to spurious complaints – there is no cost to making false accusations.
It's not done by paramilitaries in uniforms. It looks banal – in a meeting room at a law office, with a bored bureaucrat. It's what Hannah Arendt called "the banality of evil".
@kappert
Submitted by atheling on Tue, 2008-01-15 18:45.
You can't even distinguish between the terms "aliens" and "non persons". Why should anyone listen to you? Arendt was referring to the Nazi officers at the Nuremberg trials. Your poor attempt to equate them with US military is absurdity at best.
If there is any "banality" here, it's your mind.
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.” – Thomas Paine
re: Aliens
Submitted by Atlanticist911 on Tue, 2008-01-15 13:58.
I see that Etymology-in addition to Logic- isn't your strongest subject.
www.youtube.com/watch?v=ZaqldqBKCZU
@Atlanticist911
Submitted by kappert on Tue, 2008-01-15 14:33.
I could say a lot on Arendt's 'banality of evil', but it is not so easy as it seems. When you talk of 'Gitmo', in this very light, comprehensive and innocent tone, you may consider that there are thousand of burocrats who make 'Gitmo' possible. So, when a Supreme Court declares the inmates 'Aliens', which means 'non-persons', we are very quickly on another Eichmann-story.
@ kappert
Submitted by traveller on Tue, 2008-01-15 16:12.
Since when are aliens non-persons?
As far as Gitmo is concerned, this whole non-topic is so blown out of proportions that it becomes ridiculous.
For most of those people it is impossible to prove that they are terrorists. On the other hand what were they doing in Afghanistan, in training areas? I know Afghanistan and I have friends there but I am not going near an Al Quaida training camp and you will not find me close to a war zone. It is also not what you would call a tourist resort. An Arab, American, French or any other nationality caught there during the fighting is definitely either a terrorist or a trainee terrorist or a sympathizer. All of those specific names are good for a one-way thicket as far as I am concerned.
How are you going to prove he is a terrorist when he is still alive?
Of course shit happens but that's too bad, end of story.
what if Ezra files his own complaint through this system
Submitted by Steiner on Tue, 2008-01-15 13:51.
Can Ezra file his own complaint for being offended ?
Aliens, that's it
Submitted by kappert on Tue, 2008-01-15 13:22.
"...any would-be plaintiff would have to finance his own lawsuit, be subject to well-known rules of court, and have to pay the costs of any failed nuisance suits."
Because the plaintiffs are aliens and were located outside sovereign United States territory at the time their alleged RFRA (Religious Freedom Restoration Act, Erg. de. A.) claim arose, they do not fall with the definition of 'person'.
(United States Court of Appeals for the District of Columbia)
Censorship in Canada
Submitted by Amsterdamsky on Tue, 2008-01-15 11:30.
I was really shocked to find that in addition to numerous "hate speech" laws the Canadian government actively bans books and other publications. What a pathetic country.