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Leaders in the northeast proclaimed the formation of Puntland in 1998. Puntland's leader, Abdullahi Yusuf, publicly announced that he did not plan to break away from the remainder of the country; however, the Puntland Administration did not participate in the Djibouti Conference or recognize the TNG that emerged from it. In 2001, traditional elders elected Jama Ali Jama as the Puntland President. Yusuf refused to accept the elders' decision, and in 2001, he seized by force the town of Garowe, reportedly with Ethiopian support. Jama fled to Bosasso. In 2002, President Yusuf seized Bosasso and controlled Puntland in general. Both Yusuf and Jama continued to claim the presidency, and there were continued efforts to resolve the conflict at year's end. In addition to Yusuf's and Jama's competing claims on the presidency, General Adde Musse in April attempted to seize Puntland with Somaliland support. After intensive mediation efforts by traditional elders, Musse reconciled with Yusuf. A ban on political parties in Puntland remained in place.
In the northwest, the Republic of Somaliland continued to proclaim its independence within the borders of former British Somaliland but did not have international recognition. Somaliland's Government included a parliament, a functioning civil court system, executive departments organized as ministries, six regional governors, and municipal authorities in major towns. Presidential elections were held on April 15 and the ruling United People's Democratic Party (UDUB) won a very close victory in elections determined to be credible and significantly transparent.
Clan and factional militias, in some cases supplemented by local police forces continued to function with varying degrees of effectiveness in the country. Police and militia members committed numerous, serious human rights abuses throughout the country.
The country's population was estimated to be between 7 and 8 million. The country was very poor with a market-based economy in which most of the work force was employed as subsistence farmers, agro-pastoralists, or pastoralists. Insecurity and bad weather continued to affect the country's already extremely poor economic situation. A livestock ban by Saudi Arabia continued and seriously harmed an already devastated economy. The country's economic problems continued to cause severe unemployment and led to pockets of malnutrition in southern areas of the country.
The country's human rights record remained poor, and serious human rights abuses continued. Citizens did not have the right to change their government because of the absence of an established central authority. Numerous civilians were killed in factional fighting, particularly in Puntland, Gedo, Bay, Bakol, Hiran, Lower Shabelle, Middle Shabelle, Middle Juba, Lower Juba, and in Mogadishu. Kidnapping remained a problem, particularly in Mogadishu. Prison conditions remained harsh and life threatening. Arbitrary arrest and detention remained problems. Impunity was a problem. In most regions, the judicial system relied on some combination of traditional and customary justice, Shari'a (Islamic) law, and the pre-1991 Penal Code. Citizens' privacy rights were limited. There were restrictions on freedom of speech, press, assembly, association, religion, and movement. Violence and discrimination against women, including the nearly universal practice of female genital mutilation (FGM), continued. Abuse of children remained a problem. Abuse and discrimination against ethnic and religious minorities in the various clan regions persisted. There was no effective system for the protection of workers' rights, and there were isolated areas where local gunmen forced minority group members to work for them. Child labor and trafficking in persons remained problems.
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
Political violence and banditry have been endemic since the 1991 revolt against Siad Barre. Since that time, tens of thousands of persons, mostly noncombatants, have died in inter-factional and inter-clan fighting. The vast majority of killings during the year resulted from clashes between militias or unlawful militia activities; several occurred during land disputes, and a small number involved common criminal activity. The number of killings continued as a result of inter-clan and intra-clan fighting between the following groups: The RRA sub-factions in Bay and Bakol regions; the Somali National Front (SNF) sub-factions in north Gedo; the Awlyahan and Bartire clans in Buale; the Dir and Habargidir clans in Galkacyo; the TNG and warlord Muse Sudi in Mogadishu; the forces of warlord Muse Sudi and those of Mohammed Dere in and around north Mogadishu and Jowhar; Abdullahi Yusuf's forces and those of General Adde Muse in Puntland; and the SRRC and Juba Valley Alliance in Kismayu.
Police and militia members killed several persons during the year. For example, on January 17, militiamen killed Mr. Abdullahi Omar Yabarow, a truck driver also known as Hareri Adle, and stole his truck on the road between Mogadishu and Afgoye. On February 26 and 27, 15 civilians were killed and over 50 others injured after fighting broke out between militiamen loyal to Muse Sudi Yalahow and Omar Filish in the Medina district of southern Mogadishu.
No action was taken against the responsible members of the security forces for abuses committed in 2002 and 2001, including during clashes with militia.
There was no action taken against the responsible members of militias in the reported 2001 cases of killing of members and supporters of the TNG.
Attacks against humanitarian and nongovernmental organization (NGO) workers resulted in at least four deaths during the year. On September 14, militia members reportedly killed a Kenyan national working with the Nairobi-based Adventist Development Relief Agency (ADRA) near Damassa village on the Kenya/Somalia border in revenge for a Marehan Ali Dere clan cattle rustler killed in August. On October 5, unknown persons shot and killed Sister Anna Lena Tonelli, an Italian aid worker, while she was visiting patients in the Borama General Hospital in Somaliland. On October 20, unknown persons shot and killed two British aid workers in their home in the Somaliland town of Sheikh. The motives for these killings remained unclear, and no suspects had been identified at year's end.
There were no developments in the February 2002 murder of Veren Karer, a Swiss national funded by a Swiss NGO who was running a primary school and clinic, and an October 2002 attack on a Doctors Without Borders (MSF) clinic in Adan Yabal in Middle Shabelle, during which one patient was killed and two persons were injured. The MSF clinic resumed operations during the year.
The Dr. Ismael Jumale Human Rights Center (DIJHRC) reported that more than 550 civilians were killed, mostly by militia members, during the year.
Conflicts between rival militias resulted in deaths during the year. For example, in July, 43 persons were killed and more than 90 others were injured during 2 days of fighting between Sa'ad Habir Dir sub-clan militia and Dir sub-clan militia. On July 27, approximately 120 Harin militiamen attacked the Leysan militia in Gofgadud village, northwest of Baidoa, killing 6 persons and injuring 10 others. In November and December, at least 100 persons were killed and more than 200 injured during several days of fighting over a land between the Darod sub-clan and the Dir sub-clan militias. No action was taken against those responsible by year's end.
There were no developments in the numerous reported cases of killings by militia members, including clashes between rural militias, in 2002 and 2001
There were landmines throughout the country; however, statistics on the number of deaths caused by landmines were not available at year's end.
During the year, there were numerous killings by unknown assailants. For example, on July 3, unknown persons shot and killed Dr. Husayn Muhammad Nur, a prominent eye specialist, in front of his clinic in Mogadishu. On October 19, unknown persons shot and killed Shaykh Ibrahim Ali Abdulle, a prominent member of the TNG, in Nairobi, Kenya. On December 8, unknown persons shot and killed Colonel Mahmud Abdi Jama, a senior police officer, in Hargesia, Somaliland. No suspects had been identified in these cases by year's end.
Inter-clan fighting resulted in numerous deaths during the year. On August 28, two persons were killed and seven others injured after rival Abgal clan militias fought in Balad district, north of Mogadishu. On August 16, Hawadle clan members killed an unknown number of persons from the Galjecel clan in Buloburte apparently in revenge for a killing earlier in the year. On August 17, members of the Galjecel clan carried out a revenge killing against a member of the Hawadle clan in Jicibow. On September 15, unknown persons of the Sheikhal clan reportedly killed at least one person after a truck from the Habargidir clan was ambushed north of Jilib.
There were no developments in the reported killings due to inter-clan fighting in 2002 and 2001.
There were no additional developments in the 2001 report that Ethiopian soldiers killed 5 persons after they fired shots into a group of demonstrators in the southwest.
b. Disappearance
There were no known reports of unresolved politically motivated disappearances, although cases easily might have been concealed among the thousands of refugees and displaced persons.
Unlike in the previous year, there were no reports that NGO workers were kidnapped.
There were numerous kidnappings by militia groups and armed assailants who demanded ransom for hostages. The DIJHRC reported that at least 185 abductions occurred in Mogadishu during the year. For example, on January 9, Idow Mohamed Ahmed, a businessman from Bakara market was kidnapped as he was leaving for his residence in Hawlwadag district in Mogadishu. He was released 5 days later after negotiations between his family and elders representing the kidnappers. On January 15, Hafsa Ahmed Sheikh Abdullah, a 13-year-old girl, was kidnapped from her residence in Hodan district in Mogadishu. She was released 2 days later after negotiations between her family and elders representing the kidnappers.
There were no investigations or action taken against the perpetrators of kidnappings that occurred during the year, in 2002 or 2001.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Transitional National Charter, adopted in 2000, but still not implemented by year's end, prohibits torture, and the Puntland Charter prohibits torture "unless sentenced by Islamic Shari'a courts in accordance with Islamic law;" however, there were some reports of the use of torture by the Puntland and Somaliland administrations and by warring militiamen against each other or against civilians. Observers believed that many incidents of torture were not reported. Prison guards beat inmates in prison.
A July 2002 court sentence of amputation was not carried out after the TNG's Justice Minister and local human rights groups objected to the verdict.
Security forces, police, and militias also injured persons during the year. Acts of violence, including several killings, continued against supporters or members of the TNG (see Section 1.a.).
In their annual report, the DIJHRC reported that during the year there were 31 rape cases in Mogadishu, largely committed by militia members. There continued to be reports of rapes of Somali women and girls in refugee camps in Kenya during the year. The majority of the rapes were perpetrated by Somali bandits who crossed over the border; a small number of the rapes were committed by Kenyan security forces and police. The U.N. High Commissioner for Refugees (UNHCR) documented more than 100 reported cases between February and August 2002, but estimated that the actual number was likely 10 times greater. In 2002, the aid agency CARE estimated that approximately 40 women were raped every month in 4 refugee camps; other reports indicated that 10 percent of Somali women in the camps have been raped. The rapes usually followed looting attacks by bandits and occurred when women and girls left the camps to herd goats or collect firewood or at night when bandits enter the refugee camps. The victims ranged in age from 4 to 50 years of age, and many of the rapes reportedly resulted in pregnancies.
There were several attacks on humanitarian and NGO workers by militia and other groups, which resulted in deaths and injuries (see Section 1.a.).
There was no action taken on the February 2002 hand grenade attack on the residence of then TNG Prime Minister Hassan Abshir Farah or the numerous reported cases in 2001.
No action reportedly was taken against TNG, Somaliland, and Puntland forces, warlord supporters, or members of militias responsible for torturing, beating, raping, or otherwise abusing persons in 2002 or 2001.
Although reliable statistics were not available, a large number of persons were killed and injured as a result of inter-factional and inter-clan fighting (see Section 1.a.).
In December, there were reports that Ethiopian troops of Somali ethnicity participated in the capture of the town of El Waq, and they remained there at year's end.
Prison conditions remained harsh and life threatening. In 2002, Hareryale, a prison established between north and south Mogadishu, reportedly held hundreds of prisoners, including children. Conditions at Hareryale were described as overcrowded and poor. Similar conditions existed at Shirkhole prison, a prison in south Mogadishu, and at a north Mogadishu prison for Abgel clan prisoners run by warlord Muse Sudi. In 2001, the U.N. Secretary General's Independent Expert on Human Rights, Dr. Ghanim Alnajar, visited prisons in Hargeisa and Mogadishu and reported that conditions had not improved in the 3 years since his last visit.
Overcrowding, poor sanitary conditions, a lack of access to adequate health care, and an absence of education and vocational training persisted in prisons throughout the country. Tuberculosis was widespread. Abuse by guards reportedly was common in many prisons. The detainees' clans generally paid the costs of detention. In many areas, prisoners were able to receive food from family members or from relief agencies. Ethnic minorities made up a disproportionately large percentage of the prison population.
According to an international observer in 2002, men and women were held separately in the Puntland prison in Bosasso; this was the case in other prisons as well. Juveniles frequently were held with adults in prisons. A major problem continued to be the incarceration of juveniles at the request of families who wanted their children disciplined. The juveniles were held without charge, and they frequently spent long periods of incarceration with adults. Pretrial detainees and political prisoners were held separately from convicted prisoners.
The Puntland Administration permitted prison visits by independent monitors. Somaliland authorities permitted prison visits by independent monitors, and such visits occurred during the year. The DIJHRC visited prisons in Mogadishu during the year.
d. Arbitrary Arrest, Detention, or Exile
In the absence of constitutional or other legal protections, various factions continued to engage in arbitrary detention.
Corruption within the various police forces was endemic. The police forces throughout the country engaged in politics. The TNG has a 3,500-officer police force and a militia of approximately 5,000 persons. In Somaliland more than 60 percent of the budget is allocated to maintain a militia and police force composed of former troops. Abuses by police and militia members were rarely investigated; impunity was a problem.
On April 1, the Juba Valley Alliance (JVA) authorities in Kismayo detained 24 crewmembers of a Korean-registered fishing vessel, Beira 9, near the port of Kismayo. The authorities demanded 3 months of fishing fees and an unspecified amount of money for security services. Although it was unclear whether any money was paid, the ship and crew were released after approximately 45 days.
There were reports that authorities in the TNG, Somaliland, Puntland, and in areas of the south detained local or foreign journalists (see Section 2.a.).
It was unknown whether persons detained in 2001 were released during the year.
The law does not prohibit forced exile; however, none of the authorities used forced exile during the year.
e. Denial of Fair Public Trial
There was no national judicial system.
The Transitional Charter provides for an independent judiciary and for a High Commission of Justice, a Supreme Court, a Court of Appeal, and courts of first reference; however, the Charter still had not been implemented by year's end. Some regions established local courts that depended on the predominant local clan and associated factions for their authority. The judiciary in most regions relied on some combination of traditional and customary law, Shari'a, the Penal Code of the pre-1991 Siad Barre Government, or some elements of the three. For example, in Bosasso and Afmadow, criminals were turned over to the families of their victims, who then exacted blood compensation in keeping with local tradition. Under the system of customary justice, clans often held entire opposing clans or sub-clans responsible for alleged violations by individuals.
There were three functioning Shari'a-based entities--one in the Daynile area and two in the Beledweyne area; however, both largely acted as administrative units, not courts.
Although Somaliland has a Constitution based on democratic principles, it continued to use the pre-1991 Penal Code. The Constitution provides for an independent judiciary; however, the judiciary was not independent in practice. There is a serious lack of trained judges and of legal documentation in Somaliland, which caused problems in the administration of justice. Untrained police and other persons reportedly served as judges.
The Puntland Charter has been suspended since the infighting between Abdullahi Yusuf and Jama Ali Jama. The Charter provides for an independent judiciary; however, the judiciary was not independent in practice. The Puntland Charter also provides for a Supreme Court, courts of appeal, and courts of first reference. In Puntland clan elders resolved the majority of cases using traditional methods; however, those with no clan representation in Puntland were subject to the Administration's judicial system.
The Transitional Charter provides for the right to be represented by an attorney. The right to representation by an attorney and the right to appeal did not exist in those areas that apply traditional and customary judicial practices or Shari'a. These rights more often were generally respected in regions that continued to apply the former government's Penal Code, such as Somaliland and Puntland.
There was no investigation or action taken against the more than 50 gunmen responsible for the 2001 attack on an Islamic court in Mogadishu.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Transitional Charter provides for the sanctity of private property and privacy; however, looting and forced entry into private property continued in Mogadishu, although on a smaller scale than in previous years. The Puntland Charter and the Somaliland Constitution recognize the right to private property; however, authorities generally did not respect this right in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Transitional Charter provides for freedom of speech and the press; however, the charter was not implemented by year's end, and there were incidents of harassment, arrest, and detention of journalists in all areas of the country, including Puntland and Somaliland. The Puntland Charter provides for freedom of the press "as long as they respect the law;" however, this right was not respected in practice. The Somaliland Constitution also provides for freedom of the press; however, this right was restricted in practice.
In 2002, the TNA passed a Press Bill that requires all media to register with the Minister of Information and imposes penalties for false reporting. Critics alleged that if enforced the law would give the TNG powers of censorship; however, there were no reports that the law was enforced during the year.
The print media consisted largely of short, photocopied dailies, published in the larger cities and often linked to one of the factions. Several of these newspapers nominally were independent and were critical of the faction leaders.
Somaliland has two daily newspapers, one government daily, and one independent. There also is an English language weekly newspaper. The Government tolerated criticism by journalists during the year.
The majority of citizens obtained news from foreign news broadcasts, primarily the British Broadcasting Corporation (BBC), which transmitted a daily Somali-language program. The major faction leaders in Mogadishu, as well as the authorities of the self-declared Republic of Somaliland, operated small radio stations. The TNG began operating an FM station in 2002. A radio station funded by local businesses operated in the south.
Journalists were harassed during the year. For example, on January 17, armed militiamen allied to a prominent Mogadishu businessman attacked the HornAfrik television and radio stations in Mogadishu in retaliation for a story they had aired allegedly linking the businessman to terrorists. The militiamen allowed the station to go on air later in the day after a series of mediated talks by clan elders.
On June 30, TNG authorities arrested and detained two Mogadishu-based Benadir radio journalists, Abdirahmam Muhammad Hudeyfi and Husayn Muhammad Ghedi. Benadir Radio alleged they were arrested "for exercising their right to inform the public." However, TNG authorities claimed that the two were arrested "for stealing a cellular phone." They were released without charge after 4 days.
On August 24, Puntland authorities arrested and detained two local independent journalists in Galkacyo, Puntland. The two journalists, Adam Nur Mohamed, editor of the Galkacyo-based Yamayska Weekly newspaper, and Dahir Abdulkader Aflow, a member of the former Bulsho Weekly newspaper, were kept in detention for approximately 28 hours before being released.
There were no developments in the 2002 cases in which journalists were harassed and arrested.
On May 12, Puntland authorities restored the broadcasting license of the Somali Broadcasting Corporation (SBC) after its owners petitioned Puntland President Yusuf. The SBC was accused of bias in favor of Yusuf's rival, Ali Jama.
On September 16, Somaliland's information minister, Abdullahi Mohammed Duale, issued a statement banning independent television and radio stations in Somaliland, alleging that they posed a threat to national security. Somaliland Television, which operated under a temporary license issued by the Government, was exempt from the ban.
In May, authorities lifted a ban on one of two BBC correspondents who had been prohibited in 2002 from filing reports in Puntland.
Several telephone companies and Internet providers operated freely and provided service throughout the country during the year. The authorities did not restrict access to the Internet.
There were restrictions on academic freedom; academics operated under restrictions similar to those imposed on members of the media. There was no organized higher education system in most of the country. There were two universities in Mogadishu, two in Somaliland, and one in Puntland.
b. Freedom of Peaceful Assembly and Association
There is no mention of freedom of peaceful assembly in the Transitional Charter, nor is there legal protection for freedom of assembly, and although citizens were free to assemble in public, the lack of security effectively limited this right in many parts of the country. The ban on demonstrations continued; however, demonstrations occurred throughout the country during the year. The Government of Somaliland banned political demonstrations following the closely contested April multiparty elections (see Section 3).
The Puntland Charter provides for freedom of association; however, the Puntland Administration banned all political parties. The Somaliland Constitution provides for freedom of association, and in a 2001 referendum, Somaliland voters approved legislation that governs the formation of political parties, and limits the number of political parties allowed to contest general elections to three. An ad hoc commission, nominated by the President and approved by the House of Representatives, was responsible for considering applications. The law provides that approved parties that win 20 percent of the vote in Somaliland elections would be allowed to operate. There were three approved parties operating after the April elections.
Professional groups and local NGOs operated as security conditions permitted.
c. Freedom of Religion
There was no national constitution and no legal provision for the protection of religious freedom, and there were some limits on religious freedom.
The Transitional Charter establishes Islam as the national religion. Some local administrations, including Somaliland and Puntland, have made Islam the official religion in their regions.
In 2002, Abdallahi Yusuf decreed that only Shafi'iyyah, a moderate Islamic doctrine followed by most citizens, would be allowed in Puntland. Unlike in the previous year, Puntland security forces did not enter mosques in Bosasso to compel compliance during the year; however, the administration monitored religious activities very closely.
Under the regulations in Somaliland, religious schools and places of worship are required to obtain the Ministry of Religion's permission to operate. The Ministry must approve entry visas for religious groups, and certain unspecified doctrines were prohibited. In Puntland, religious schools and places of worship must receive permission from the Ministry of Justice and Religious Affairs to operate.
Proselytizing for any religion except Islam is prohibited by law in Puntland and Somaliland and effectively blocked by informal social consensus elsewhere in the country. Christian-based international relief organizations generally operated without interference, as long as they refrained from proselytizing. Unlike in the previous year, there were no reports that persons were deported for allegedly proselytizing.
Non-Sunni Muslims often were viewed with suspicion by members of the Sunni majority. There was strong social pressure to respect Islamic traditions. Organized Islamic fundamentalist groups, whose goal was the establishment of an Islamic state, appeared to regroup during the year. They were more actively engaged in the private sector and in political activities throughout the country.
There was a small, low profile Christian community. Christians, as well as other non-Muslims who proclaimed their religion sometimes faced societal harassment.
For a more detailed discussion, see the 2003 International Religious Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Transitional Charter and the Puntland Charter provide for freedom of movement; however, this right continued to be restricted in some parts of the country. Checkpoints manned by militiamen loyal to one clan or faction inhibited passage by other groups. In the absence of a recognized national government, most citizens did not have the documents needed for inter-national travel.
On August 28, militia in Galkacyo halted a U.N. vehicle traveling with Somaliland license plates. After negotiations with the militiamen, the license plates were removed and the vehicle was permitted to continue on.
In 2001, in the Qoryoley district, militia members reportedly created checkpoints along the river where residents obtained water and charged them to take water from the river. The militia members also reportedly charged money from persons who were going into or out of the town. Persons who refused to comply with the extortion attempts reportedly were punished by having their belongings taken or were killed by militia members.
In September, the U.N. estimated that there were 350,000 internally displaced persons (IDPs) in the country, most of them women and children. Of this number, approximately 150,000 lived in Mogadishu, with another 15,000 in the southern port city of Kismayo, and the remainder scattered around the country. The majority of IDPs in the country reportedly lived in old schools and former government buildings.
The U.N. estimated that approximately 205,000 Somalis were living as refugees in neighboring countries, including approximately 157,000 in Kenya at the end of 2002, a decrease from more than 400,000 at the height of the humanitarian crisis in 1992. There were approximately 28,000 Somali refugees in Ethiopia and 20,000 Somali refugees in Djibouti at year's end.
As security conditions continued to improve in many parts of the country, refugees and IDPs returned to their homes. According to UNHCR figures, by November, the UNHCR sub-office in Hargeisa in cooperation with relevant UNHCR offices in neighboring countries had repatriated 246 Somali refugees from Djibouti; 680 from Kenya; and 9,400 from Ethiopia. Despite sporadic harassment, including the theft of humanitarian provisions and convoys by militiamen, repatriation generally took place without incident. In September, the U.N. Independent Expert on Human Rights visited several IDP camps in Somaliland and found them among the worst in the world. He reported that the camps were overcrowded, had poor sanitation, and there was little or no access to employment and education. No local, regional, or U.N. authorities have taken responsibility for the camps.
Despite the relative stability in many parts of the country, many citizens continued to flee to neighboring countries, often for economic reasons. Most migrants left from the northeast and traveled via boat to Yemen. There were reports that hundreds of such migrants drowned in accidents at sea during the year. For example, according to a U.N. official, at least 21 refugees drowned after they and dozens of others were forced off a boat at gunpoint by smugglers on a voyage from the northeast to Yemen in September.
Although the law does not include provisions for the granting of refugee status or asylum to persons who meet the definition in the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol, there were no reports of the forced return of persons to a country where they feared persecution. A small number of Ethiopian refugees remained in the country, mostly in the northeast near Bosasso. The authorities in Somaliland have cooperated with the UNHCR and other humanitarian assistance organizations in assisting refugees.
At the end of 2002, some Tanzanian refugees were living in an open yard at the Hamar School, and a second group moved to another location. By year's end, some of the Tanzanian refugees have voluntarily returned to their home country while approximately 100 others were scattered and trying to earn a living in Mogadishu.
There were numerous reports of rapes of Somali women and girls in refugee camps in Kenya (see Section 1.c.).
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
In the absence of a fully functioning national government, citizens cannot exercise the right to change their government. In most regions, local clan leaders function as de facto rulers. Although many such groups derived their authority from the traditional deference given clan elders, most faced opposition of varying strength from clan groups and political factions.
In 2000 in Arta, Djibouti, more than 900 delegates representing all clans and a wide spectrum of Somali society were selected for a "Conference for National Peace and Reconciliation in Somalia." The Conference adopted a charter for a 3-year Transitional National Administration and selected a 245-member Transitional Assembly, which included 24 members of minority groups and 25 women. The assembly elected Abdiqassim Salad Hassan as Transitional President. In November 2001, Abdiqassim appointed Hassan Abshir Farah as Prime Minister.
The Transitional Charter, still not implemented by year's end, provides for universal suffrage. Both the Puntland and Somaliland administrations provided for universal suffrage.
Presidential elections in Somaliland were held on April 15, with the participation of three political parties: The Democratic United Peoples' Movement (UDUB), Solidarity Party (Kulmiye), and the Party for Justice and Democracy. The incumbent UDUB President, Dahir Riyale Kahin, won by only 80 votes. Kulmiye initially disputed the results; however, it was resolved through mediation by traditional elders. Unofficial diplomatic observers considered the elections credible and sufficiently transparent. Parliamentary elections were postponed indefinitely.
In Somaliland, there is a constitution and bicameral parliament with proportional clan representation, and an elected president and vice president. The Hargeisa authorities have established functioning administrative institutions in virtually all of the territory they claim, which equaled the boundaries of the Somaliland state that achieved international recognition in 1960. In 2001, a referendum was held with 97 percent of voters supporting Somaliland independence; voters also ratified the political party legislation approved in 2000 by Parliament.
In 1998, Puntland was established as a regional government during a consultative conference with delegates from six regions, including traditional community elders, the leadership of political organizations, members of legislative assemblies, regional administrators, and civil society representatives. Representatives of Puntland-based sub-clans chose Abdullahi Yusuf as President. Puntland has a single chamber quasi-legislative branch known as the Council of Elders, which played a largely consultative role. Political parties were banned in Puntland. Regional elections in Puntland were held during 2001; however, President Yusuf refused to step down, and Chief Justice Nur assumed powers as interim president. In November 2001, elders elected Jama Ali Jama as the new President of Puntland, and he assumed power in Garowe. Yusuf refused to accept the decision, and, in December 2001, he militarily seized Garowe, reportedly with Ethiopian support, which forced Jama to flee to Bosasso. In May 2002, Yusuf occupied Bosasso by force and declared himself President of Puntland. During the year, General Adde Musse, a former army general, organized Jama Ali Jama's militiamen, drawn primarily from the Majerten Osman Mohamoud sub-clan, and established a base in Somaliland. General Musse's forces attacked Puntland twice from their base in Somaliland without success. Puntland traditional elders then intervened and brokered a peace agreement between Musse and Yusuf, which was signed in May. In May, the two joined their forces and began sharing power. General Musse's militiamen were integrated into the Puntland forces, and a good number of his senior officers absorbed into the Puntland administration.
Jama Ali Jama subsequently attended the Somali National Peace and Reconciliation Conference held in Kenya. He helped form the National Salvation Council (NSC), a new political alliance aimed at countering the Ethiopian-backed Somali Reconciliation and Restoration Council (SRRC). He appears to have a role to play at the national level, but he exercised no power in Puntland at year's end.
The Somaliland and Puntland administrations do not recognize the results of the Djibouti Conference. During the year, several Mogadishu-based faction leaders formed alliances with the TNG.
Somaliland and Puntland continued to contest the Sanaag and Sol regions and the Buhodle district during the year. Both governments sent administrators to the Sanaag and Sol regions, and both governments exerted influence in various communities. In December 2002, the Somaliland president traveled to Las Anod in Sool to assert Somaliland authority, and a battle with Puntland forces took place and several persons were killed. In December 2002, forces from Puntland seized Las Anod, arrested several pro-Somaliland officials, and established a new administration in the area. The occupying Puntland forces also started collecting revenues from the local population and destroying structures in the town center. Somaliland troops were mobilized approximately 40 miles east of Las Anod and the situation was very tense at year's end.
A reconciliation conference, begun in October 2002, continued during the year on the outskirts of Nairobi. The conference worked with political and military leaders and civil society representatives to form a new government. Somaliland did not join the conference. In late 2002, six committees were created and produced reports on land and property rights; disarmament, demobilization and reintegration; economic recovery; regional and international relations; conflict resolution and reconciliation; and a draft charter. Early in the year, the conference moved to Nairobi and Kenya's Special Envoy Elijah Mwangale was replaced by Ambassador Bethuel Kiplagat. A transitional charter was drafted and adopted, under highly disorganized and possibly irregular circumstances, by the Plenary at the reconciliation conference. However, in part because of the manner in which it was adopted, several factions did not accept the Charter. At year's end, there were efforts to call for a Somali leaders' retreat to discuss and settle all contested issues.
In the TNA, there were 25 women in the 245-seat Assembly. A woman held the post of Foreign Minister in the Somaliland Government; in addition, several women were important behind-the-scenes figures in the various factions. There were 5 female members of the 69-seat Puntland Council of Elders.
Minorities held 25 seats in the TNA.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups generally operated without official restriction, investigating and publishing their findings on human rights cases. Authorities were somewhat cooperative and responsive to their views. Several local human rights groups were active during the year, including the Mogadishu-based DIJHRC, Isha Baidoa Human Rights Organization in Bay and Bakol regions, and the Hargeisa-based Horn of Africa Human Rights Watch Committee (Horn Watch). The DIJHRC investigated the continuing causes of conflict in the Mogadishu area, conducted effective human rights monitoring, protested the treatment of prisoners before the Islamic Shari'a courts, and organized periodic demonstrations for peace. The Horn of Africa Human Rights Watch Committee monitored human rights in Somaliland. The Mogadishu-based Somali Journalists Network (SOJON) monitored human rights violations against journalists in Mogadishu. Women's NGOs and members of civil society also played an important role in galvanizing support in the country for the reconciliation talks in Kenya.
NGOs and aid agencies operated freely throughout the country. Puntland leader Abdullahi Yusuf lifted a 2002 ban on U.N., European Union, and NGO operations in Puntland. Despite threats in March, authorities did not close any NGOs during the year.
Numerous international organizations operated in the country during the year, including the Red Cross, CARE, Save the Children, and various demining agencies such as the Halo Trust. The TNG and Somaliland authorities permitted visits by U.N. human rights representatives during the year.
Security problems complicated the work of local and international organizations, especially in the south. There were reported incidents of harassment against NGOs, resulting in at least four deaths (see Section 1.a.). Several attacks on NGOs disrupted flights and food distribution during the year. In August, local officials closed Galkacyo and Garowe airstrip to U.N. air operations because of a dispute over landing fees. On September 14, militia members reportedly killed a Kenyan NGO worker (see Section 1.a.).
Section 5 Discrimination Based on Race, Sex, Disability, Language, or Social Status
The Transitional Charter, adopted in 2000 but not implemented by year's end, contains provisions that prohibit discrimination on the basis of sex and national origin; however, societal discrimination and violence against women and widespread abuse of children continued to be serious problems. The Somaliland Constitution also contains provisions that prohibit discrimination on the basis of sex and national origin; however, these rights were not respected in practice.
Domestic violence against women occurred. Women suffered disproportionately in the civil war and in the strife that followed. There was no information available on the prevalence of domestic violence in the country. There were no laws that specifically address domestic violence; however, both Shari'a and customary law address the resolution of family disputes (see Section 1.e.). Police and militia members raped women, and rape was commonly practiced in inter-clan conflicts (see Section 1.c.). Laws prohibiting rape exist; however, they generally were not enforced. There were no laws against spousal rape. There were no reports that rape cases were prosecuted during the year. There were numerous reports of rapes of Somali women and girls in refugee camps in Kenya during the year (see Section 1.c.).
FGM was a widespread practice. There were estimates that approximately 98 percent of women have undergone FGM. The majority of women were subjected to infibulation, the most severe form of FGM. In Somaliland, FGM remained illegal under the Penal Code; however, the law was not enforced. In Puntland legislation prohibited FGM in northeastern areas of the country; however, in practice the law was not enforced strictly. U.N. agencies and NGOs have made intensive efforts to educate persons about the danger of FGM; however, no reliable statistics were available on the success of their programs.
Prostitution is illegal; however, it was a problem, but because it is culturally proscribed, it was not reported.
Women were subordinated systematically in the country's overwhelmingly patriarchal culture. Polygyny was permitted, but polyandry was not. Under laws issued by the former government, female children could inherit property, but only half of the amount to which their brothers were entitled. Similarly according to the Shari'a and local tradition of blood compensation, those found guilty in the death of a woman must pay only half as much to the aggrieved family than if the victim were a man.
Several women's groups in Mogadishu, Hargeisa (Somaliland), Bosasso (Puntland), and Merka (Lower Shabelle) actively promoted equal rights for women and advocated the inclusion of women in responsible government positions. During the year, the local NGO "Save Somali Women and Children" held a number of workshops on women's and children's rights, including a regular monthly "Gender Forum" in which women gathered to discuss women's rights.
Children remained among the chief victims of the continuing violence. Boys as young as 14 or 15 years of age have participated in militia attacks, and many youths were members of the marauding gangs known as "morian," "parasites," or "maggots." Even in areas with relative security, the lack of resources has limited the opportunity for children to attend school. Approximately 10 to 20 percent of the school-age population attended school; more boys than girls were enrolled in school. There were three secondary schools in Somaliland and more than three secondary schools in Mogadishu; however, only 10 percent of those few children who entered primary school graduated from secondary school. Parents generally paid fees for their children's education. Schools at all levels lacked textbooks, laboratory equipment, and running water. Teachers were trained poorly and paid poorly. The literacy rate was estimated at 25 percent throughout the country; however, reliable statistics did not exist. There was a continued influx of foreign Muslim teachers into the country to teach in private Koranic schools. These schools were inexpensive and provide basic education; however, there were reports that these schools required the veiling of small girls and other conservative Islamic practices normally not found in the local culture.
Medical care was rudimentary, and only a small percentage of children had access to adequate medical facilities.
There was no information available on the prevalence of child abuse in the country; however, it occurred. There were reports of numerous rapes of Somali girls in refugee camps in Kenya during the year (see Section 1.c.).
FGM was performed on approximately 98 percent of girls (see Section 5, Women).
Child prostitution was a problem; however, because it is culturally proscribed, it was not reported.
Trafficking in children for forced labor was a serious problem (see Section 6.f.).
During August and September 2002, the U.N. Independent Expert on Human Rights visited Kismayo, Lower Juba, Bosasso, Puntland, and Hargeisa, Somaliland. He reported that children were recruited as soldiers in Puntland and that many juveniles were incarcerated with adults by their parents for disciplinary problems (see Section 1.c.).
Persons With Disabilities
In the absence of a functioning state, the needs of persons with disabilities were not addressed. There were several local NGOs in Somaliland that provided services for persons with disabilities.
National/Racial/Ethnic Minorities
More than 80 percent of citizens shared a common ethnic heritage, religion, and nomadic-influenced culture. In most areas, members of groups other than the predominant clan were excluded from effective participation in governing institutions and were subject to discrimination in employment, judicial proceedings, and access to public services.
Minority groups and low-caste clans included the Bantu (the largest minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal, Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, and Faqayaqub. Intermarriage between these groups and mainstream clans was restricted. These groups had limited access to whatever social services were available, including health and education. Members of minority groups continued to be subjected to killings, harassment, intimidation, and abuse by armed gunmen of all affiliations.
Section 6 Worker Rights
a. The Right of Association
The 1990 Constitution provided workers with the right to form unions, but the civil war and factional fighting negated this provision and broke up the single labor confederation, the then government-controlled General Federation of Somali Trade Unions. In view of the extent of the country's political and economic breakdown and the lack of legal enforcement mechanisms, trade unions did not function freely.
The Transitional Charter, the Puntland Charter, and the Somaliland Constitution establish the right of freedom of association, but no unions or employer organizations existed.
b. The Right to Organize and Bargain Collectively
Wages and work requirements in the traditional culture were established largely by ad hoc bartering, based on supply, demand, and the influence of the worker's clan.
There are no export processing zones.
c. Prohibition of Forced or Bonded Labor
The pre-1991 Penal Code prohibited forced or bonded labor, including by children; however, there reports that such practices occurred (see Sections 6.d. and 6.f.). Local clan militias generally forced members of minority groups to work on banana plantations without compensation. There are reports that in Middle and Lower Juba, including the port of Kismayu, Bantus were used as forced labor.
d. Status of Child Labor Practices and Minimum Age for Employment
The pre-1991 Labor Code prohibited child labor; however, child labor was a problem, and there were child soldiers (see Sections 5 and 6.f.). Formal employment of children was rare, but youths commonly were employed in herding, agriculture, and household labor from an early age. Substantial numbers of children worked. In 2002, it was reported that 32.5 percent of children between the ages of 5 and 14 worked. However, the percentage of children engaged in labor was believed to be even higher during the year. The lack of educational opportunities and severely depressed economic conditions contributed to child labor.
e. Acceptable Conditions of Work
There was no organized effort by any of the factions or de facto regional administrations to monitor acceptable conditions of work during the year.
f. Trafficking in Persons
The pre-1991 Penal Code prohibited trafficking; however, there were reports of trafficking during the year. The number of women being trafficked from the country appeared to be small.
Trafficking in children for forced labor was a serious problem. There were reports of a significant increase in the smuggling of children out of the country to relatives and friends in western countries where they worked or collected welfare and sent money back to family members in the country.
1 The United States does not have diplomatic representation in Somalia. This report draws in part on non-U.S. Government sources.


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|Paunglaung dam in 2013. Photo: Mizzima
The Myanmar government plans to focus efforts on building 20 hydropower plants within the Ayeyarwady River basin, according to HydroPower news on February 27.
|The Chinese-built US$2.5 billion oil and gas pipeline project in Kyauk Phyu, Rakhine State, Myanmar, May 28, 2013. Photo: EPA
Fifty farmers from Kyauk Phyu Township in Rakhine State recently demonstrated calling for compensation over mud from the gas pipeline construction destroying their farmland, reports Burma News International on February 24.
|Myanmar workers operating on the Thai oil rig in Myanmar waters are upset their wages are not on a par with the Thai counterparts. Zawtika rig. Photo: ZOMO
Myanmar workers are preparing to protest over alleged discrimination by Thailand's PTT Exploration and Production Company, according to the Zawtika Offshore Myanmar Organization or ZOMO on February 20.
|The Yetagun offshore drilling platform. Photo: Kyspeaks.com
PTT Plc's gas supplier in Myanmar's Yetagun offshore gas field has put in a request for a reduction in the daily contract quantity of natural gas supplied to PTT in Thailand, due to continuing lower output, reports The Nation on February 12.
|Biluchaung No-2 Hydropower Station Rehabilitation Project underway at the plant in Loikaw, Kayah State, October 3, 2014. Photo: Ye Min/Mizzima
A 55-year-old Japanese-built hydropower plant in the hills of Kayah State that supplies a 10th of Myanmar's electricity is getting new turbines and generators under a Japanese-sponsored rehabilitation project, according to the Global New Light of Myanmar on February 10.
|Mr Graeme Smith and Energy Minister U Zay Yar Aung shake hands in the celebration of signing the production sharing contracts between Shell, MOECO and MOGE for three deep-water blocks, Nay Pyi Taw, Myanmar, February 5, 2015. Photo: Shell
Shell and its Japanese partner Mitsui Oil Exploration Company or MOECO have just signed exploration and production sharing contracts with Myanma Oil and Gas Enterprise of Myanmar for three deep-water blocks.

subset: commoncrawl


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401(K) - the Story
If you own a 401k you could borrow money from it in the most suitable circumstance. You may believe that withdrawing from your 401k is the sole selection, but occasionally it's far superior to find another choice should you would like to prevent liability. A conventional 401k differs from other sorts of accounts in one key sense, and that's how your taxes are handled. The Self-Employed 401k is a professional retirement program which can be set up by whoever has a part-time or full-time company.
Up in Arms About 401 ( K )?
Loan payments have to be made out of after-tax dollars. As you finally have financing payment, you might be tempted to cut back the sum you are contributing to the plan and so lower your long-term balance. 401k loan payments ought to be done via payroll deduction.
What Has to be Done About 401 ( K ) Before You Miss Your Chance
Generally speaking, you shouldn't take financing from your 401k plan. A 410K loan won't be approved to cover day-to-day living expenses. The very first option which you may have is to have a 401k loan. After you get started planning for financing against your 401K account, it's necessary for you to discover strategies to prevent paying big quantity of penalty.
What is an IRA?
IRA stands for individual retirement account,'' and it is a personal savings plan for people that lets you select your investments to cultivate your wealth. An IRA can be an important tool for allowing you to save for retirement, therefore it is worth it to learn more regarding the choices available. A Roth IRA might be a good alternative if you're at or below the Modified Adjusted Gross Income (MAGI) limits to earn a contribution, if you're seeking tax-free withdrawals in retirement, or feel you'll be in the exact same or a greater tax bracket in retirement. It, on the other hand, has fewer restrictions on what can and cannot be done with the money once it is in the account.
If you aren't eligible to earn a contribution whatsoever, a Roth IRA isn't from the question. It's well worth noting, however, that contributions to a Roth IRA has to be made out of after-tax dollars. Roth IRA contributions aren't tax-deductible. They cannot be deducted, on the other hand.
There are different kinds of IRAs. An IRA may also be called a Traditional IRA. Self-directed IRAs, however, might be significantly more costly to administer because of the essence of the non-traditional assets.
There are four primary kinds of IRAs. It might also be accountable for distributing the IRA's assets in compliance with the customer's instructions, and filing the correct paperwork. Everyone can give rise to a traditional IRA, irrespective of income level.
Roth IRAs have two big tax advantages
The two most-important Roth IRA tax advantages are:
Tax-Free withdrawals
Unlike traditional IRA withdrawals, qualified Roth IRA withdrawals are federal-income-tax-free and usually state-income-tax-free too. What is a qualified withdrawal? It's one that is taken after you, as the Roth account owner, have met both of the following requirements:
1. You've had at least one Roth IRA open for over five years.
2. You've reached age 59½ or become disabled or dead.
Exempt from required minimum distribution rules
Unlike with a traditional IRA, you don't have to start taking annual required minimum distributions (RMDs) from Roth accounts after reaching age 70½. Instead, you can leave your Roth account(s) untouched for as long as you live if you wish. This important privilege makes your Roth IRA a great asset to leave to your heirs (to the extent you don't need the Roth money to help finance your own retirement).
Making annual Roth IRA contributions
Annual Roth contributions make the most sense for those who believe they will pay the same or higher tax rates during retirement. Higher future taxes can be avoided on Roth account earnings, because qualified Roth withdrawals are federal-income-tax-free (and usually state-income-tax-free too).
The downside is you get no deductions for making Roth contributions.
So if you expect to pay lower tax rates during retirement (good luck with that), you might be better off making deductible traditional IRA contributions (assuming your income permits), because the current deductions may be worth more to you than tax-free withdrawals later on.
The other best-case scenario for annual Roth contributions is when you have maxed out on deductible retirement plan contributions. For example, you've contributed the maximum possible amount to your 401(k) plan at work. In that case, making Roth contributions is basically a no-brainer.
Annual contributions are limited and earned income is required
The absolute maximum amount you can contribute to a Roth account for any tax year is the lesser of: (1) your earned income for the year or (2) the annual contribution limit for the year. Basically, earned income means wage and salary income (including bonuses), self-employment income, and alimony received that is included in your gross income (believe it or not). If you are married, you can add your spouse's earned income to the total.
For 2018, the annual Roth contribution limit is $5,500 or $6,500 if you will be age 50 or older as of year-end.
Annual contribution privilege is phased out at higher incomes
For 2018, eligibility to make annual Roth contributions is phased out between modified adjusted gross income (MAGI) of $120,000 and $135,000 for unmarried individuals.
For married joint filers, the 2018 phase-out range is between MAGI of $189,000 and $199,000.
Annual contribution deadline
The deadline for making annual Roth contributions is the same as the deadline for annual traditional IRA contributions, i.e., the original due date of your return. For example, the contribution deadline for the 2018 tax year is 4/15/19. However, you can make a 2018 contribution anytime between now and then. The sooner you contribute, the sooner you can start earning tax-free income.
Well-seasoned individuals can still make annual Roth contributions
After reaching age 70½, you can still make annual Roth IRA contributions — assuming there are no problems with the earned income limitation or the income-based phase-out rule. In contrast, you cannot make any more contributions to traditional IRAs after you reach age 70½.
Roth conversions
The quickest way to get a significant sum into a Roth IRA is by converting a traditional IRA to Roth status. The conversion is treated as a taxable distribution from your traditional IRA, because you're deemed to receive a payout from the traditional account with the money then going into the new Roth account. So doing a conversion before year-end will trigger a bigger federal income tax bill for this year (and maybe a bigger state income tax bill too).
However, today's federal income tax rates might be the lowest you'll see for the rest of your life. Thanks to the TCJA, the rates shown below apply for 2018. These brackets will be adjusted for inflation for 2019-2025. In 2026, the pre-TCJA rates and brackets are scheduled to come back into force.
Single Joint HOH*
10% tax bracket $ 0-9,525 0-19,050 0-13,600
Beginning of 12% bracket 9,526 19,051 13,601
Beginning of 22 bracket 38,701 77,401 51,801
Beginning of 24% bracket 82,501 165,001 82,501
Beginning of 32% bracket 157,501 315,001 157,501
Beginning of 35% bracket 200,001 400,001 200,001
Beginning of 37% bracket 500,001 600,001 500,001
* Head of household
So if you convert in 2018, you'll pay today's low tax rates on the extra income triggered by the conversion and completely avoid the potential for higher future rates on all the post-conversion income that will be earned in your Roth account. That's because Roth withdrawals taken after age 59½ are totally federal-income-tax-free, as long as you've had at least one Roth account open for over five years.
To be clear, the best candidates for the Roth conversion strategy are people who believe that their tax rates during retirement will be the same or higher than their current tax rates. If you fit into that category, please keep reading.
Converting a traditional IRA with a relatively big balance could push you into a higher tax bracket. For example, if you're single and expect your 2018 taxable income to be about $110,000, your marginal federal income tax rate is 24%. Converting a $100,000 traditional IRA into a Roth account in 2018 would cause about half of the extra income from the conversion to be taxed at 32%. But if you spread the $100,000 conversion 50/50 over 2018 and 2019 (which you are allowed to do), almost all of the extra income from converting would be taxed at 24%.
Ill-advised conversions in 2018 and beyond cannot be reversed
For 2018 and beyond, you cannot reverse the conversion of a traditional IRA into a Roth account. Under prior law, you had until October 15 of the year after an ill-advised conversion to reverse it and thereby avoid the conversion tax hit.
2017 conversions can still be reversed as late as Oct. 15, 2018
The IRS has clarified that if you converted a traditional IRA into a Roth account in 2017, you can reverse the conversion as long as you get it done by 10/15/18. That 10/15/18 deadline applies whether or not you extend your 2017 Form 1040.
You accomplish a Roth conversion reversal by "recharacterizing" (weird word chosen by the IRS) the Roth account back to traditional IRA status. That is done by turning in the proper form to your Roth IRA trustee or custodian.
Read: This is your last chance ever to reverse a Roth IRA conversion
Conclusion on conversions
Low current tax cost for converting + avoidance of possibly higher tax rates in future years on income that will accumulate in your Roth account = continuing perfect storm for the Roth conversion strategy. However, talk to your tax adviser before pulling the trigger on a conversion — just to make sure you've considered all the relevant factors.
The Bottom Line
Even with the new law's disallowance of the Roth conversion reversal privilege, Roth IRAs are still a tax-smart retirement savings alternative for many folks. Maybe now more than ever.


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If I am not for myself, then who will be for me? And if I am only for myself, then what am I? And if not now, when?
-- Rabbi Hillel
The whole Gates thing has gotten to be a bit lame -- drinking beer with the President and Vice President? really? But, it is hard not to think about the whole thing. One value of it all is that on some level it is pretty petty -- charges dropped and so forth -- while on another, it remains very important. Deep but wide, you might say. It also has many aspects. Thus, many remind that related police overreaching can be race neutral. Though we have had (including in the news -- the complications dripping out long after assumptions are made) a lot of kneejerk reactions, some on both sides realize this.
Race clearly was a factor. But, race can be a factor by various means. Prof. Gates has examined race in his scholarship, but the underlining concerns and doubts particularly arose after a long trip (from Asia!), when he probably was particularly tired. He did not expect to be interrupted by an officer at his own home. Overall, it would amount to one of those times when you are not at your best. "Fighting words" cases, related to "disturbing the peace" and so forth, tend to be of this sort. If we ignore this, a false and artificial view will arise.
Over appellant's objection, the trial court excluded, as immaterial, testimony relating to appellant's mission "to preach the true facts of the Bible," his treatment at the hands of the crowd, and the alleged neglect of duty on the part of the police. This action was approved by the court below, which held that neither provocation nor the truth of the utterance would constitute a defense to the charge.
-- Chaplinsky v. New Hampshire
This 1942 case unanimously put "fighting words" into the category of speech thought not to include constitutional problems, including "lewd and obscene, the profane, the libelous," all of which later was deemed to have many of them. What was the fighting words here? "You are a God damned racketeer" and "a damned Fascist and the whole government of Rochester are Fascists or agents of Fascists," with the inclusion of "God" being denied by the defendant. What is this context that we were to ignore? An angry crowd not appreciating his preaching, one that allegedly beat him and threatened further violence, the police targeting him personally.
Time made the Supreme Court more wary about arrests based on "fighting words," particularly when directly involving members of the police. As Justice Powell noted:
The words may well have conveyed anger and frustration without provoking a violent reaction from the officer. Moreover, as noted in my previous concurrence, a properly trained officer may reasonably be expected to "exercise a higher degree of restraint" than the average citizen, and thus be less likely to respond belligerently to "fighting words." 408 U.S. 913 . See Model Penal Code 250.1, Comment 4 (Tent. Draft No. 13, 1961). ...
The present type of ordinance tends to be invoked only where there is no other valid basis for arresting an objectionable or suspicious person. The opportunity for abuse, especially where a statute has received a virtually open-ended interpretation, is self-evident.
We have two themes here as well, putting aside the matter of the home (even in a more public place, the law's application here is very dubious): the officer should more reasonably be able to handle stressed out civilians (even those who we put out as role models -- Gates after all was in effect "off duty") and arresting someone in this context leaves open much opportunity of abuse. All the details, from the hazy police report (which spoke of possible "suitcases") down, underline that due care should be performed here. This case involved race, the first one religion, another can be yet something else. We need to think big here.
If there be a "teachable moment," it is about all types of honest misunderstandings and so forth. Obama's original answer had that sort of component though it did have something of a race focus. That is probably too limiting.


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Taylor Lautner Had The Perfect One Direction TBT
Last Thursday, actor Taylor Lautner shared a perfectly captioned photo for #TBT on social media.
The photo was of him posing with One Direction, when they were still together as a five piece.
He wrote:
tbt to when Zayn and I were in One Direction
Of course!
I miss the days when Taylor Lautner was so popular. Thankfully Zayn Malik is now more popular then ever as a solo act.


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Introducing an award-winning technology (PROGEN-IN) awarded at IN COSMETICS the most innovative active ingredient in Europe researched for anti-ageing in 2012.
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-A biomimetic peptide derived from Elafin, winner of the Innovation Zone Best Ingredient Award 2012 at In-cosmetics®, Barcelona 2012. This is an enzymatic inhibitor with an anti-progerin (inhibits progerin production; progerin increases as the cell ages) and anti-elastase (reduces enzyme that breaks down elastin) effect – that combats flaccid tissue in mature skin.
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Try a Global Lift Anti-gravity Lifting Programme in your local SKEYNDOR salon today


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Jasmine Ramos
- Email: email@example.com
- Phone: 530-898-5181
A Quote That You Like/Live By?
Do not go where the path may lead, go instead where there is no path and leave your own trail.
-Ralph Waldo Emerson
Who I Am
I am the second youngest of four sisters. My father is Mexican and my mother is Salvadorian (which I love; so many food options). I was born in East LA, lived in Venice for a portion of my childhood and by the age of 10 my parents decided to move my family to the small town known as Gridley. In 2007 I graduated from GHS and went on to attend my "dream" school, UC Davis where I majored in Biological Science with the goal of eventually being admitted into a Nursing Program. After 2.5 years at this university and Nursing was not a major they offered, I decided to transfer to CSU Chico. My first semester there I completed the nursing prerequisites but shortly after I changed my major to Health Science Education. I realized I wanted to be able to help others, not so much as a nurse but by educating them to help them meet their goals.
What My Interests Are
Things I enjoy are spending time with family, especially my nieces, nephew and godson. (They are by far my favorite little people in the world) I absolutely adore them. I also enjoy playing with my pups. I have a 5-year-old Boston Terrier/Chihuahua mix named Suley (I've had him since he was only four weeks old, and my newest dog, a six-month-old Pomeranian named Toby. Aside from my family and dogs, I enjoy watching movies; especially comedies, taking road trips, listening to music, baking and who can forget... Shopping!!!
Why UB Is Important To Me
As a sophomore at Gridley High School, Upward Bound came into my life to really help me shape and attain my goals. Attending college was something I also knew I wanted to do but it wasn't until TRiO came into my life that I was able to figure out how I was going to get there. I was a student for Upward Bound Math and Science. I spent my summers in the Upward Bound summer programs, which was a great eye opener and put college into better perspective for me. The two years as a participant of Upward Bound had a real positive affect in my life and I knew this was not something I wanted to give up once I graduated from high school. As an undergrad at UC Davis I worked Upward Bound as a tutor and once I transferred to CSU Chico I continued to work as a tutor/advisor for students. Being able to give back to our students what the program gave me is a great satisfaction. Helping students in reaching their academic and career goals is my passion.
Feel free to contact me with any questions at firstname.lastname@example.com.


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But there's even more to learn. Take some time this week and read a few articles or blog posts' about what other voiceover talent have to say about their craft. I love reading these stories because the voice talent write about the voiceover business from their perspective; their own humble beginnings, their first time in the studio; to meeting producers, copywriters, clients… and everyone in between. Plus, they take the time to share what they've learned along the way.
Deborah Puette is one of those talent; and she has written an excellent article for Backstage – The Actor's Resource (an online resource). She writes about her experiences in making a voice demo – from start to finish – including mics, marketing, agents, and auditions.
Story courtesy of Backstage


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Marine Weather
Carnarvon to Kalbarri Marine Weather Overview
|Swell height
|Districts with warnings
|Observed wind
most recent warnings
View all current warnings
Carnarvon to Kalbarri Current Conditions
Weather News
Rainfall totals creep up as monsoon conditions burst across the north
From flooding rain across rivers in the Northern Territory and Queensland, to hail and dust storms across NSW and widespread rainfall across Victoria, this week has been busy across the east and north.
String of heat caps off January for Canberra
While northern and eastern NSW are in for storms and rain, Australia's capital is experiencing a sweltering Australia day, with the hot temperatures set to stretch to the end of the month.
A Stormy Australia Day Ahead for the East and North
Australia Day will be a stormy one for much of northern and eastern Australia as a deep trough brings sparky skies.


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AT&T Navigator (TeleNav) Update
I just noticed that version 1.5i of AT&T Navigator (TeleNav) for the iPhone was just released. Among the new features is something interesting that caught my eye… "Shake-to-Go". Open the app, shake the iPhone, and it will create a route back home from wherever you are. Brilliant.
Other features include a speed limit display and optional speed warnings, something I noted in my original view I thought was lacking. There is also a night-mode to make the screen not so glaring at night– something else I noted was missing. You can now set route preferences for HOV lanes and toll road. Overall this looks like a really nice update.


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Listen to Rekha Radhakrishnan, Senior Project Manager at QBurst, as she talks about her experiences working on mobile development projects. Learn how mobile technology helps users experience a product without touching it.


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November 18, 2010
As You Might Expect I Have A Better Idea
But there is another way. Turn those channels off and don't turn them back on again. Get your news from sources that are not so overtly partisan. The good reporters, the good commentators, the good producers, will all find work elsewhere. The bad ones will get weeded out.
Won't happen, of course.
5 comments:
- Matt Parker said...
I've been thinking a lot about this recently. And this discussion between Rachel Maddow and Jon Stewart is a pretty interesting discussion of this subject.
Of course opinion journalism can't (and shouldn't) be prohibited. But your observation to simply turn them off, while glib, really does illuminate the underlying issue, that opinion journalism is more popular than "objective" journalism.
Where I'm struggling lately is that it takes time to learn what's going on in the world, and so most people get their information from one source. And, when that source is so biased that even the news operation is spending it's time covering the stories that tee up what the opinion operation is going to focus on, you get FOX. I certainly don't want the government intervening in these matters, but it would be nice for the different players in the media to agree to subject themselves to some voluntary standards of honesty and truthfulness. As has been said many times, one is entitled to their opinions not their own facts.
- Mike said...
Rockefeller's tact is simple. Fox News is outnumbered by the left-wing blowhard stations and station-infiltrators on approximately a 10-to-1 basis.
If he can get "Fox News and MSNBC" shut down, then the other 90% of left-wing blowhard stations will be left on the air to spew their hate speech under the umbrella of "well the government didn't shut US down so we must be ok" idiocy.
And of course there's the fact that the newsmedia is so skewed that idiots like Matt above can claim Fox is "so biased that", even when studies by such "right-wing bastions" as UCLA and Berkeley have repeatedly shown that Fox is in fact the closest to balanced.
- zzi said...
I liked it better when Walter Cronkite would come on at night and read off the front pages of the "New York Times"
PS - would I be able to comment if I didn't have a Gmail account?
- Transplanted Lawyer said...
See the FAQ re: comments. Gmail has nothing to do with it; comments should be relevant to the post, and civil.
- Anonymous said...
And of course there's the fact that the newsmedia is so skewed that idiots like Matt above can claim Fox is "so biased that", even when studies by such "right-wing bastions" as UCLA and Berkeley have repeatedly shown that Fox is in fact the closest to balanced.
Interesting link, but it excludes the network's opinioneers. Fox is far more known for (and identified by) opinioneer Sean Hannity than newsman Carl Cameron.


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DIY pom pom wall hanging
19 comments
Oh wow, this is just so so cute! I love all the different colours, and how hanging it on the white wall makes them all pop! xReplyDelete
thank you holl! :) xxDelete
Such a cute addition to a room, love it! :)ReplyDelete
Maeve // Thrift O'ClockReplies
so glad- thanks maeve :)xxDelete
this is gorgeous! I love making pompoms, I have made a rug and a garland xxReplyDelete
Ioanna | Hearting.co.ukReplies
oh I'd love to make a rug!! :) xxDelete
This is so cute! And I love the color of your record player :)ReplyDelete
thanks toni- it's from urban outfitters :) xxDelete
omg Caroline this is exceptional! I loveeee xReplyDelete
Amy xxReplies
ahhhh thanks so much amy- ps your little one makes me melt on instagram! :) xxDelete
This is so simple but so cute! Well done girl :)ReplyDelete
Sarah | More Than AdoredReplies
aha thank you amy! :) xDelete
This is so pretty!ReplyDelete
thanks neri :) xxDelete
So cute!!!!ReplyDelete
Vivian ✞ LIVE . IN .LOVE
glad you like it v :) xxDelete
Absolutely love this! xReplyDelete
yay- thanks zoe :) xxDelete
I love your wool choice, is it all multicolour or have you combined differs yarns? xReplyDelete
thanks for stopping by- I love reading your comments! I'll always reply so check back in a few days if you've asked me any questions x


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The Board of Architectural Review (BAR) is comprised of two different Boards: BAR-Large (BAR-L) for large projects and BAR-Small (BAR-S) for small projects.
BAR-L agendas are capped at 15 items and BAR-S agendas are capped at 8 items. Agendas are available prior to the meetings and results are available following the meetings.Most recent agenda (PDF) | View all agendas and results
The BAR was established in 1931 with the creation of the first preservation ordinance in the United States. As stated in the City of Charleston Zoning Ordinance, the purpose of the board is "the preservation and protection of the old historic or architecturally worthy structures and quaint neighborhoods which impart a distinct aspect to the city and which serve as visible reminders of the historical and cultural heritage of the city, the state, and the nation."
Within the historic districts (see BAR Boundaries Map (PDF)), the BAR reviews all new construction, alterations and renovations visible from the public right-of-way. The BAR reviews all demolitions of buildings 50 years of age or older on any structures south of Mount Pleasant Street, and any demolitions (regardless of age) within the Old and Historic District. In addition, the BAR has jurisdiction over all structures included on the Landmark Overlay Properties list.
In reviewing alterations to historic properties and proposed new structures, the BAR adheres to the principles established by the Charleston Standards. In addition, the Board has adopted several Policy Statements in reference to particular issues of review. Most minor alterations, such as painting, sitework, signage, repairs, etc, are typically reviewed by Staff and do not require full Board review. Appeals of those Staff decisions (posted weekly on this website) may be appealed within 15 calendar days.
To apply, submit a completed application, along with the required information and fee to the BAR/DRB counter of the:Permit Center2 George Street1st FloorCharleston, SC 29401
Applications are due by Noon on the deadline date. Further information regarding BAR applications, submittal requirements, meeting and fee schedules, general guidelines, etc, may be downloaded or may be found at the Permit Center.


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This is the first post in a series where we'll ask some of LA Zine Fest's 2013 exhibitors questions about their work! We're really excited about the batch of zinesters, comic artists and small press publishers that will be at this years event. First up, Ramsey Everydaypants!
Describe your zine style. What can we expect to find at your table?
I make autobiographical comics, some short ones collected into zines called Everydaypants, and some long ones, collected into a book called Year One. I also make a perzine called List, that's written in list format with comics to illustrate them. Sometimes I have buttons, sometimes I have posters and postcards!
Where do you work on your zines?
I live in Philly, where I have a studio in my house that I go to when I need tools, otherwise I like to work in coffeeshops with friends, or while watching a movie with people. My work is pretty portable and inking comics is tedious and a little mindless, so it's great to do while in good company.
What are your three favorite small-press/DIY publications?
I really love a zine from Chicago called My No Good, Very Bad Life by Kisha Hope. I always look forward to new releases by Liz Prince, Leslie Perrine, Emilja Frances and Nicole Georges, as far as comics go. And as for perzines, I love Dig Deep by Heather C. and Your Secretary by Jami Sailor, and Or Let It Sink by Jim Joyce. I might have a Chicago bias, since I used to live there.
What advice would you give to a first-time zinester or to an aspiring zinemaker?
Jump right in. Don't wait. Every project you do will be a learning experience and the best way to learn how to do something better or to have more fun with it, is to do it once so you can figure out what does or doesn't work for you. And, once you start it, finish it! You don't even have to show it to anyone else. But being in the habit of actually finishing projects you start is great because it's really empowering, feels great, but also allows you to move on feeling at least a slight sense of accomplishment or closure. A lot of people get stuck in a holding pattern where they start things they don't like, never finish them, and then don't start new things because they still feel like they're stuck working through the first thing.
What's the best thing that ever happened to you because of zines?
The obvious one is all of the amazing friendships I've made as a result of making zines, but also, zines helped me find my love of comics, which is now what I aspire to do with my life. Zines gave me a whole new direction and a platform for my storytelling, which I was trying to make fit into fine art painting, and it just really wasn't working for me. I feel like I've found the exact medium that I should be working in. Zines also gave me confidence! Putting your work out for all to see takes a lot of practice, but I get better at it with each issue.
You can find out more about Ramsey and her zines on her website Everydaypants.


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Video: China's Stealth Fighter Test Flight
Amateur video appearing to show China's J20 stealth fighter taking off and landing has been published on the popular Sina.com news portal. The footage appeared online a few hours after photos purporting to show the J-20 on its first test flight were published on unofficial military websites.
While China's military has declined to comment on the fighter, the video would appear to leave little doubt that China has made a major leap in its efforts to develop a stealth fighter to rival the United States' F-22.
-- Josh Chin. Follow him on Twitter @joshchin


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Saturday evening + the Michigan Theater + the Ann Arbor Symphony = magic. Guaranteed. And even though I knew that going in I was still blown away from the start of this concert until the last thundering applause faded after the encore.
I'm no classical music scholar, I never took a theory class, didn't play beyond high school until I reconnected through the community band, but I know when I've experienced something extraordinary. That happens every time I hear the Ann Arbor Symphony, but this weekend was beyond any expectations I could have had.
Saturday night it was all about Brahms, starting with Academic Festival composed by Brahms in response to being nominated for an honorary doctorate degree. The piece includes several student drinking songs, woven through the music. Who knew that composers back in the mid 1800's had a sense of humor?
The second piece was The Black Swan: Intermezzo in A Major. What a stunningly beautiful piece of music. Transcripted for orchestra by Bright Sheng, a University of Michigan professor, the piece is based on Brahms' composition for piano. It's so beautiful you just have to listen to at least a little of it. Lush, contemplative, you can't help but let the cares of the week slide off your shoulders as you let the music wash over you.
The last piece before intermission was Concerto for Violin, Cello and Orchestra in A Minor, played by two amazing young musicians, Itamar Zorman on violin and David Requiro on cello. They played seamlessly, often one began the phrase and the other completed it, almost as if there was a single instrument. Such talent. They so obviously loved doing this piece, and we loved hearing it. Mr. Requiro said it was an 'indulgent' thing to play because the first movement begins after only a few measures with a beautiful cello solo. My favorite movement, though, was the third. Listen to a little bit of it; how playful it is. I had a stupid grin on my face through the whole thing.
And as wonderful as all that was, after intermission I fell in love with Symphony No. 1 in C Minor. Though they say Brahms was a bit intimidated by Beethoven you can hear him pay homage to the other composer in this piece. It's beautiful, from the suspenseful beginning to the triumphant conclusion. And the Ann Arbor Symphony pulled every bit of beauty out of the music. They left nothing in reserve, put it all out there on the concert stage. The audience didn't even wait for the last note to drift away, the applause started immediately and continued until we convinced them to play us one last encore.
Ann Arbor, you have a gem in your symphony. Every concert is astounding and leaves us shaking our heads in amazement. Even if you don't think you like or understand this kind of music take a moment and listen to a little bit through the links above. And if that intrigues you go to one concert of your symphony next season, try a little taste, open yourself up to the possibilities. You'll have an experience you won't forget. It's so much more wonderful live and your symphony is..well…there's no other word…just magical. Attend a concert next fall, let the music take you away, overwhelm you, transform your soul if only for one evening. Go listen to the Ann Arbor Symphony and experience the magic yourself.
You won't regret it – I promise.


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Viburnum dentatum 'Blue Muffin'
from £39.50
So named because of the wonderful, bright blue berries in late summer that follow the white clusters of flowers in May-June. This deciduous cultivar is a fast grower with a good, dense habit so as well as a specimen plant can also be used for hedging. Leaves are a mid green with toothed edge and turn an attractive purple-red in the autumn. Plant in fertile, well drained soil in full sun for best growth and flowering.
- Position: full sun/part shade
- Soil: any fertile, well drained soil
- Eventual Size: 2 metres
- Habit: bushy, dense
- Foliage: toothed, green leaves, deciduous
- Common Names: Arrowwood viburnum
Prune to required size in autumn/winter.
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