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Monthly Archives: May 2017
Teen Retailer Rue21 Files for Chapter 11 Bankruptcy – Wall Street Journal (subscription)
Posted: May 17, 2017 at 2:25 am
Teen Retailer Rue21 Files for Chapter 11 Bankruptcy Wall Street Journal (subscription) Teen-apparel retailer Rue21 filed for bankruptcy late Monday, having already begun the process of closing many of its 1,179 stores to survive a rapidly changing retail landscape. Months of planning went into Rue21's strategy of tackling more than $1 ... |
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Teen Retailer Rue21 Files for Chapter 11 Bankruptcy - Wall Street Journal (subscription)
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Westinghouse inches closer to rejecting construction contracts in bankruptcy – Pittsburgh Post-Gazette
Posted: at 2:25 am
Westinghouse Electric Co. is getting closer to stepping away from the construction of new nuclear plants in Georgia and South Carolina the delayed and budget-busting projects that drove the Cranberry-based firm into bankruptcy in March.
The company has reached an agreement which has yet to be finalized for Southern Co. to take over the project management of Plant Vogle two AP1000 nuclear power plants that are being built in Georgia.
According to Reuters, Westinghouse is working on a similar service agreement with Scana Corp., the company that owns the V.C. Summer project where another pair of AP1000s are underway.
It was anticipated that by filing bankruptcy, Westinghouse, which is owned by Japanese giant Toshiba, would seek to break its contracts with Southern and Scana, which set a fixed price for the nuclear construction and put Westinghouse in the hot seat for overruns.
Southern's statement released on May 12 confirms that Westinghouse plans to ask the bankruptcy court to reject its contract with the utility owner. It also stresses that Southern will "take all actions necessary to hold Westinghouse and Toshiba accountable for their financial obligations." According to Reuters, Southern has agreed to limit Toshibas liability for the Vogtle project to $3.6 billion.
After filing for bankruptcy on March 29, Westinghouse and the two utility owners agreed to a month-long interim assessment period, during which work on the nuclear power plants would continue with the utilities paying Westinghouse and subcontractors for their costs. The assessment period also gives the utilities and state regulators time to decide if construction should move forward or be abandoned; whether the power plants might be converted to run on natural gas; and how continuing the work might affect rate payers.
Both of the interim agreements have been extended. Southern and Westinghouse now have until June 3 to hash out a plan, while Westinghouse's arrangement with Scana may last until June 26.
Because the AP1000 is Westinghouse's technology, the nuclear firm will continue to be involved in the construction projects in some capacity.
Westinghouse spokesperson Sarah Cassella said the company and Southern "have outlined a framework for services contract and will use the extension to reach a resolution."
Anya Litvak: alitvak@post-gazette.comor 412-263-1455.
First Published May 16, 2017 2:23 PM
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New Jersey Ski Resort Files for Bankruptcy – Wall Street Journal (subscription)
Posted: at 2:25 am
New Jersey Ski Resort Files for Bankruptcy Wall Street Journal (subscription) Mountain Creek Resort Inc., a New Jersey ski resort less than two hours from Manhattan, has filed for bankruptcy protection, citing years of above-average temperatures, scant snowfall and missteps by prior owners. Short on cash and beset by obligations ... |
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New Jersey Ski Resort Files for Bankruptcy - Wall Street Journal (subscription)
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Supreme Court Backs Bids to Collect Outdated Debt in Bankruptcy – Bloomberg
Posted: at 2:25 am
by and
May 15, 2017, 10:14 AM EDT May 15, 2017, 12:44 PM EDT
A divided U.S. Supreme Court ruled that debt collectors can use bankruptcy proceedings to try to collect liabilities that are so old the statute of limitations has expired.
Voting 5-3, the court said companies dont violate the U.S. Fair Debt Collection Practices Act when they file bankruptcy claims on that type of years-old debt. Justice Stephen Breyer joined the courts conservative wing in the majority.
Critics accused debt collectors of violating the law by filing tens of thousands of outdated claims with bankruptcy courts in the hope that some debtors wont object.
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The result of decision appears to give creditors a free pass to file stale claims without fearing FDCPA liability, Andrew Muller, a partner at Stinson Leonard Street LLP, said in an interview. The flip side is that trustees and debtors lawyers may be under increased pressure to more closely review claims to determine whether the claims are subject to a statute of limitations defense, Muller said.
The ruling is a victory for Encore Capital Group Inc.s Midland Funding in an Alabama case that started with an effort to collect a $1,900 credit-card debt. The debtor, Aleida Johnson, sued Midland after a bankruptcy judge threw out Midlands claim.
Midland argued that federal bankruptcy law lets creditors file claims in those proceedings even if the statute of limitations wouldnt allow a lawsuit.
Like the majority of Courts of Appeals that have considered the matter, we conclude that Midlands filing of a proof of claim that on its face indicates that the limitations period has run does not fall within the scope of any of the five relevant words of the Fair Debt Collection Practices Act, Breyer wrote.
Johnsons lawyers said that, by filing outdated requests, debt collectors are falsely suggesting those claims are valid and enforceable.
Justice Sonia Sotomayor filed a dissenting opinion in which Justices Ruth Bader Ginsburg and Elena Kagan join. Justice Neil Gorsuch, who joined the court after the case was argued in January, didnt participate in the ruling.
Professional debt collectors have built a business out of buying stale debt, filing claims in bankruptcy proceedings to collect it, and hoping that no one notices that the debt is too old to be enforced by the courts, Sotomayor wrote. This practice is both unfair and unconscionable, she added.
Debt collectors do not file these claims in good faith; they file them hoping and expecting that the bankruptcy system will fail., Sotomayor wrote.
Lower courts had been divided on the issue. The Obama administration backed Johnson in the case.
The case is Midland Funding v. Johnson, 16-348.
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Supreme Court Backs Bids to Collect Outdated Debt in Bankruptcy - Bloomberg
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Mountain Creek files for Chapter 11 bankruptcy; plan would allow debt restructuring – New Jersey Herald
Posted: at 2:25 am
Posted: May. 16, 2017 12:01 am
VERNON -- Less than two years after acquiring Mountain Creek, the resort's new ownership has filed for Chapter 11 bankruptcy reorganization.
The filing, which had been rumored to be in the works for some time, was submitted in federal court Monday morning and seeks a restructuring of the resort's debt including an estimated $26 million in contractually obligated sewer debt payments to the Vernon Township Municipal Utilities Authority.
The debt obligations to the township stem from a 2012 agreement under which the resort's former principal owner, Gene Mulvihill, had agreed to have the resort assume approximately 65 percent of the MUA's debt to the Sussex County Municipal Utilities Authority for the buildout of the township's sewer system.
Mountain Creek CEO Jeff Koffman, reached by phone Monday, declined to elaborate but said he was still optimistic about the prospects for growing the tourism and resort industry in the Vernon Valley area.
In a press release late Monday, a Mountain Creek spokesperson indicated the filing would not affect existing operations at the resort and would best enable it to attract outside investment for other planned ventures. According to its website, the resort's waterpark is scheduled to open the weekend of June 10-11 and seven days a week starting June 22.
"The four-season resort, which offers gourmet restaurants, lodging and a variety of outdoor sports and activities, will continue to operate fully during the bankruptcy process," according to the press release.
Koffman, in a prepared statement included with the press release, said "(Monday's) filing will allow us to deal with the legacy debt we inherited from the property's former owners and attract new investment into the resort.
"We remain committed to seeing Mountain Creek develop to its full potential with new hotels, new outdoor attractions and expanded residential homes," he said. "Our vision to create a world class, four-season resort here in New Jersey is still our main objective and this move will put us in the best position to achieve that."
With Vernon's sewer system currently facing a cumulative debt of more than $40 million, it is unclear how the debt restructuring might impact the township or how much of the sewer system debt might otherwise fall on the balance of ratepayers, most of whom dwell in condominiums and single-family homes, if the court approves the restructuring.
Mayor Harry Shortway said late Monday that he was aware of the bankruptcy filing but had not yet had a chance to review it. He suggested, however, that the pickle in which the township now finds itself was the direct result of the township being misled by professionals under prior administrations who over-projected the amount of sewerage capacity the township would need, with the result that existing ratepayers have largely now been left holding the bag.
He also suggested that the resort's former owners -- who had previously talked of building an indoor waterpark and up to 1,500 new condominiums -- never intended to fulfill their contractual obligations to assume the lion's share of debt for the sewer system expansion.
Regarding the resort's current owners, "it's a major problem for them and I hope they can come out of this reorganization stronger," Shortway said.
Shortway nonetheless noted that 90 percent of the township's tax base was residential and suggested the collective well-being of smaller tourism-oriented businesses was as vital to the township's long-term economic future as that of Mountain Creek.
"We want all our businesses to do well, but I also believe in the smaller mom-and-pop shops and don't believe we can put all your eggs in one basket," Shortway said.
As for the township, "We have to find a way to get through this and we will," Shortway said. "We'll likely be looking to hire a bankruptcy counsel and will take the steps necessary to protect the township and to ensure this doesn't all fall on the existing base of ratepayers."
Council President Jean Murphy said late Monday that she was aware of the filing but said she and the other council members had not yet been briefed on its details.
"Our attorney is reviewing it, and we'll be considering all the options the town may have," she said.
Councilman Pat Rizzuto, who attended Monday's debate between the two Republican candidates for state Senate in the 24th District, said he, too, was aware of the filing.
Among the 17 other creditors named in the bankruptcy filing is Crystal Creek Associates, a special-purpose financing entity affiliated with and domiciled at Crystal Springs Resort, to which Mountain Creek owes approximately $885,000.
Mountain Creek is being represented in the bankruptcy proceedings by the Roseland-based law firm of Lowenstein Sandler.
The same firm also was retained by Sussex County last year as part of a review of cost overruns and delays associated with the county-wide solar project that was approved in 2011. The investigation by former State Comptroller Matt Boxer, a partner at the law firm, is ongoing.
Eric Obernauer can also be contacted on Twitter: @EricObernNJH or by phone at 973-383-1213.
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Op-Ed: Collapse of ethics in public life how do we rebuild? – Daily Maverick
Posted: at 2:25 am
Many writers have remarked on the qualities possessed by Brian Molefe, that he had gained experience in the Treasury and other institutions or organisations that would have fitted him for a range of high-ranking jobs, nationally and internationally. He chose instead to put his skills at the service of the Guptas and in fact prostrated himself at their feet and that of Jacob Zuma and to do whatever they required, much of this being of doubtful legality.
In saying that Molefe has various qualities, this is not to accept all the evaluations of what Molefe achieved for there are questions around whether or not his time at Eskom was a success, as documented in Carol Patons 2016 analysis.
What is important to recognise is that the readiness of Brian Molefe to play fast and loose with legality is not at all exceptional in these times, for there are very many people who have traded their integrity in exchange for financial gain or some or other position acquired through serving powerful individuals. In some ways more shocking, there are many who were once very brave who have exchanged their sense of personal pride and dignity in order to hold one or other position. They have been prepared to defend Jacob Zuma over a range of issues where he was clearly misusing his office and taxpayers funds some deploying great ingenuity to make a case for what would later be found to be demonstrably false and in conflict with the Constitution.
In the political context in which we presently exist, speaking of integrity is not simply whether or not someone speaks the truth or can be trusted with funds, whether he or she will steal or falsify the books of a branch or region of an organisation in order to siphon off funds for private use. That is an element of what we identify as a lack of integrity. But what is specific to this period and by no means peculiar to South Africa is that the route to this dishonesty and acts that constitute a breach of trust happen within a context that embodies a patron-client relationship.
For patronage to emerge there must be individuals who hope to acquire the power (and need supporters) or do command the power to allocate positions or resources to others in exchange for their loyalty or support. That means that such potentially or already powerful individuals must be located or plan to be placed in a position to access resources. These may be resources of an organisation or foundations or non-governmental organisations (NGOs), the state, a State-owned Enterprise (SOE), a private company etc etc.
This is not a new phenomenon. It was also the case in exile when some individuals could secure better training or schooling or university opportunities than others, by virtue of their proximity to certain leaders. There were a range of other situations where some individuals or networks were placed in a way that enabled them to derive benefits that others did not receive or even do so at the expense of such individuals. The scale of these benefits was obviously of a much lower level than today, though it was perhaps a form of tutelage for what we now see.
It was also the case, inside the country during the 1980s when some individuals accessed funds locally or from overseas and through these funds were able to secure the loyalty of other individuals. These individuals were often encouraged to form organisations with a particular orientation and those who possessed funds were able to determine whether or not organisations rose or fell, whether they had funding for hiring venues or paying transportation or could supply the food needed for delegates at one or other meeting or to print T-shirts and influenced various other factors that determined whether or not an organisation survived on a sustainable basis.
The Thabo Mbeki presidency was characterised by patronage, though it generally did not converge with criminality or illegality to anything like the extent that is found today. It played itself out in appointments as well as the way some people were in the know of what the president wanted and others were not, those within the circle of influence being better prepared for or being part of decisions that were made.
At the time of the dismissal of Zuma as Deputy President in 2005, leading to an upsurge of support for Zuma (culminating in his election victory at the ANCs 2007 Polokwane conference), some individuals who had linked their future with Thabo Mbeki decided either to continue with that relationship and in most cases these people lost or resigned from positions of power. Alternatively, there were many who saw the writing on the wall for Mbeki and decided to throw their lot in with the rising Jacob Zuma. Many of these individuals had appeared to be very close to Mbeki but they recognised that they could no longer benefit from that relationship and chose their own more or less lucrative survival.
Some others, like the leadership of the SACP and Cosatu, also disagreed with features of the Mbeki period, notably the Growth Economic and Redistribution macroeconomic policy (GEAR), referred to as the 1996 class project and claimed to support the rise of Zuma on an ideological basis, as a way of remedying this conservative macroeconomic policy.
In contrast to Mbeki, SACP and Cosatu leaders depicted Zuma as a person who was sympathetic to the poor and less secretive than they depicted Mbeki as being.
Many of these individuals knew very well that the basis on which they were advancing the candidacy of Zuma was false; that Zuma had withdrawn from the SACP in 1990, when unlike in the period of exile being in the leadership of the Communist Party was no longer prestigious or advantageous. There was no consistent pro-working class or people-centred orientation attaching to Zuma. In fact, until shortly before his dismissal by Mbeki their political and socio-economic orientations had been more or less similar. One of Zumas biographers, Jeremy Gordin, refers to Zuma and Mbeki being so close in their thinking that they were more or less joined at the hip; they operated as a team and had for a long time. (Zuma: a biography, 2008, p 56).
The SACP knew this better than most. What they did was use their then considerable ideological and moral powers to project Zuma as being what they knew he was not; so eager were they to get rid of Mbeki. This is what is known as fraudulent misrepresentation in the law of contract, that you sell a product on the basis of qualities that you know it does not possess.
It may also have been that some of the SACP and Cosatu leaders understood the inauguration of a Zuma period as bringing benefits for themselves and indeed SACP and Cosatu leaders have become ministers and deputy ministers in this period.
In visiting Zuma on us, these leaders endorsed or were complicit in Zumas hyperpatriarchal and aggressive conduct in his rape trial and the militarism associated with his rule the singing of Umshini Wam, a song of war, as his trademark song, endorsing his ethnic chauvinism (100% Zulu) and numerous other features that ran counter to the very basis for forming the ANC (that is, eschewing tribalism) and in the case of the SACP, gender policies that had become an important part of its identity under Chris Hani.
The SACP leadership now calls for the resignation of Zuma and says it was wrong in supporting him in 2007. But it is not clear that it has articulated all the reasons why it was wrong not simply that he has turned out to be corrupt. Unless there is full awareness of the violent, hyperpatriarchal and dishonest character of this period we do not learn all the lessons.
Rebuilding the ethical qualities of South African public life will take time. It is both an intellectual question deciding what is and is not ethical and a psychological one, deciding whether or not one will act out what we understand to be correct. We have to recognise and choose whether or not to act ethically. Let us hope that like-minded people can drive a process whereby ethical conduct is revived as a desirable and necessary basis for conducting our social and political life. It may be that if the proposed national dialogues take off and involve people from all sections of our society, in a meaningful way, that they can play a role. DM
Photo of Raymond Suttner by Ivor Markman
Raymond Suttner is a scholar and political analyst. Currently he is a part-time Professor attached to Rhodes University and an Emeritus Professor at Unisa. He served lengthy periods in prison and house arrest for underground and public anti-apartheid activities. His prison memoir Inside Apartheids prison will be reissued with a new introduction covering his more recent life outside the ANC and will be published by Jacana Media late in May. He blogs at raymondsuttner.com and his twitter handle is @raymondsuttner
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Op-Ed: Collapse of ethics in public life how do we rebuild? - Daily Maverick
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Collapse of ethics in public life: how do we rebuild? – eNCA (satire)
Posted: at 2:25 am
File: Eskom CEO Brian Molefe resigned on Friday. Photo: Gallo / Alon Skuy
Many writers have remarked on the qualities possessed by Brian Molefe, that he had gained experience in the Treasury and other institutions or organisations that would have fitted him for a range of high ranking jobs, nationally and internationally. He chose instead to put his skills at the service of the Guptas and in fact prostrate himself at their feet and that of Jacob Zuma and do whatever they required, much of this being of doubtful legality.
In saying that Molefe has various qualities this is not to accept all the evaluations of what Molefe achieved for there are questions around whether or not his time at ESKOM was a success, as documented in Carol Patons 2016 analysis.
What is important to recognise is that the readiness of Brian Molefe to play fast and loose with legality is not at all exceptional in these times, for there are very many people who have traded their integrity in exchange for financial gain or some or other position acquired through serving powerful individuals. In some ways more shocking, there are many who were once very brave who have exchanged their sense of personal pride and dignity in order to hold one or other position. They have been prepared to defend Jacob Zuma over a range of issues where he was clearly misusing his office and taxpayers funds some deploying great ingenuity to make a case, for what would later be found to be demonstrably false and in conflict with the constitution.
In the political context in which we presently exist speaking of integrity is not simply whether or not someone speaks the truth or can be trusted with funds, whether he or she will steal or falsify the books of a branch or region of an organisation in order to siphon off funds for private use. That is an element of what we identify as a lack of integrity. But what is specific to this period and by no means peculiar to South Africa is that the route to this dishonesty and acts that constitute a breach of trust happen within a context that embodies a patron-client relationship.
For patronage to emerge there must be individuals who hope to acquire the power (and need supporters) or do command the power to allocate positions or resources to others in exchange for their loyalty or support. That means that such potentially or already powerful individuals must be located or plan to be placed in a position to access resources. These may be resources of an organisation or Foundations or Non Governmental Organisations (NGOs), the state, a State owned enterprise (SOE), a private company etc etc.
This is not a new phenomenon. It was also the case in exile when some individuals could secure better training or schooling or university opportunities than others, by virtue of their proximity to certain leaders. There were a range of other situations where some individuals or networks were placed in a way that enabled them to derive benefits that others did not receive or even do so at the expense of such individuals. The scale of these benefits was obviously of a much lower level than today though it was perhaps- a form of tutelage for what we now see.
It was also the case, inside the country during the 1980s when some individuals accessed funds locally or from overseas and through these funds were able to secure the loyalty of other individuals. These individuals were often encouraged to form organisations with a particular orientation and those who possessed funds were able to determine whether or not organisations rose or fell, whether they had funding for hiring venues or paying transportation or could supply the food needed for delegates at one or other meeting or to print T shirts and influenced various other factors that determined whether or not an organisation survived on a sustainable basis.
The Thabo Mbeki presidency was characterised by patronage, though it generally did not converge with criminality or illegality to anything like the extent that is found today. It played itself out in appointments as well as the way some people were in the know of what the president wanted and others were not, those within the circle of influence being better prepared for or being part of decisions that were made.
At the time of the dismissal of Zuma as Deputy State President in 2005, leading to an upsurge of support for Zuma (culminating in his election victory at the ANCs 2007 Polokwane conference), some individuals who had linked their future with Thabo Mbeki decided either to continue with that relationship and in most cases these people lost or resigned from positions of power. Alternatively, there were many who saw the writing on the wall for Mbeki and decided to throw their lot in with the rising Jacob Zuma. Many of these individuals had appeared to be very close to Mbeki but they recognised that they could no longer benefit from that relationship and chose their own more or less lucrative survival.
Some others, like the leadership of the SACP and COSATU also disagreed with features of the Mbeki period, notably the Growth Economic and Redistribution macroeconomic policy (GEAR), referred to as the 1996 class project and claimed to support the rise of Zuma on an ideological basis, as a way of remedying this conservative macroeconomic policy.
In contrast to Mbeki, SACP and COSATU leaders depicted Zuma as a person who was sympathetic to the poor and less secretive than they depicted Mbeki as being.
Many of these individuals knew very well that the basis on which they were advancing the candidacy of Zuma was false; that Zuma had withdrawn from the SACP in 1990, when -unlike in the period of exile- being in the leadership of the Communist Party was no longer prestigious or advantageous. There was no consistent pro-working class or people-centred orientation attaching to Zuma. In fact, until shortly before his dismissal by Mbeki their political and socio-economic orientations had been more or less similar. One of Zumas biographers Jeremy Gordin refers to Zuma and Mbeki being so close in their thinking that they were more or less joined at the hip; they operated as a team and had for a long time. (Zuma: a biography, 2008, p 56).
The SACP knew this better than most. What they did was use their then considerable ideological and moral powers to project Zuma as being what they knew he was not; so eager were they to get rid of Mbeki. This is what is known as fraudulent misrepresentation in the law of contract, that you sell a product on the basis of qualities that you know it does not possess.
It may also have been that some of the SACP and COSATU leaders understood the inauguration of a Zuma period as bringing benefits for themselves and indeed SACP and COSATU leaders have become ministers and deputy ministers in this period.
In visiting Zuma on us, these leaders endorsed or were complicit in Zumas hyper patriarchal and aggressive conduct in his rape trial and the militarism associated with his rule the singing of Umshini Wam, a song of war as his trademark song, endorsing his ethnic chauvinism (100% Zulu) and numerous other features that ran counter to the very basis for forming the ANC (that is, eschewing tribalism) and in the case of the SACP, gender policies that had become an important part of its identity under Chris Hani.
The SACP leadership now calls for the resignation of Zuma and says it was wrong in supporting him in 2007. But it is not clear that it has articulated all the reasons why it was wrong not simply that he has turned out to be corrupt. Unless there is full awareness of the violent, hyperpatriarchal and dishonest character of this period we do not learn all the lessons.
Rebuilding the ethical qualities of South African public life will take time. It is both an intellectual question, deciding what is and is not ethical and a psychological one, deciding whether or not one will act out what we understand to be correct. We have to recognise and choose whether or not to act ethically. Let us hope that likeminded people can drive a process whereby ethical conduct is revived as a desirable and necessary basis for conducting our social and political life. It may be that if the proposed national dialogues take off and involve people from all sections of our society, in a meaningful way, that they can play a role.
This column first appeared in Creamer Media's polity.org.za.
Raymond Suttner is a scholar and political analyst. Currently he is a Part-time Professor attached to Rhodes University and an Emeritus Professor at UNISA. He served lengthy periods in prison and house arrest for underground and public anti-apartheid activities. His prison memoir Inside Apartheids prison will be reissued with a new introduction covering his more recent life outside the ANC and will be published by Jacana Media late in May. He blogs at raymondsuttner.com and his twitter handle is @raymondsuttner.
15 May 2017
Eskom CEO Brian Molefe received a warm welcome from the staff on his first day of duty on Monday.
15 May 2017
Public Enterprises Minister Lynne Brown has been summoned to Luthuli House to explain Brian Molefe's return to Eskom.
14 May 2017
The governing party says the return of the Eskom CEO is reckless and makes a joke of the ANC.
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Collapse of ethics in public life: how do we rebuild? - eNCA (satire)
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Inhumanity Is At The Heart Of The Government’s Policies Towards Refugees And Asylum Seekers – HuffPost UK
Posted: at 2:24 am
Theresa May's approach towards asylum seekers and refugees has been of concern since she was Home Secretary. She presided over 'Go Home' vans which were a throwback to the racism of a bygone era that should have no place in the 21st century. Her cutting of the search and rescue operations in the Mediterranean have literally denied a lifeline to refugees who are drowning as a matter of course on the edge of fortress Europe. This year, the government stopped taking the small numbers of refugee children that it had previously conceded to, thanks to Lord Alf Dubs, himself one of the Kinder transport children who fled the Nazis. It is said that a civilisation should be judged by how it treats its strangers. We clearly have a lot to learn about how to be a civilisation.
Kelechi Chioba is an asylum seeker pleading to remain in the UK, for fear for her life if deported to Nigeria. She is an openly queer, disabled, woman suffering from mental health issues, yet the home office state her reasons are 'insufficient'.
Kelechi, who is keen volunteer for the National Union of Students (NUS) Disabled Students' Campaign and Black Students' Campaign (LGBT+ representative), suffers from polio, is wheelchair user and suffers from mental health problems. In Nigeria, she is regarded as a curse and a source of shame upon her family, due to her disability. She has suffered severe abuse at the hands of her family, including verbal abuse, beatings and attempts to end her life. Kelechi, who had secretly enjoyed relationships with women in Nigeria, found she was able to come out openly in the UK and embrace her bisexuality. Kelechi found support in the Black Students' campaign in particular, where she was elected, along with her job share, another Nigerian, to represent LGBT+ students of African, Arab, Asian and Caribbean descent across the country.
Kelechi is a prominent queer activist and is well known, in particular by the Nigerian communities in the UK. She is afraid of what this means should she be forced to go back to Nigeria, a country where it is unsafe to be openly queer. With laws preventing individuals from even joining a gay organisation (there is a 10 year prison sentence), and stories of individuals being killed for being queer, Kelechi, who is vulnerable, as someone who is completely reliant on a wheelchair, is understandably terrified of what might happen to her if she is forcibly returned. With stories of physical and sexual abuse in Yarls Wood coming to the fore, it is essential now more than ever that we protect vulnerable members of our community. We must not forget the death of Jimmy Mubenga who died following restraint in the midst of a deportation flight.
We should not have an immigration system that devalues the lives of those facing oppression such as Kelechi. We have an urgent responsibility, as one of the world's richest nations, to ensure that those fleeing oppression and discrimination wherever they come from, get the same right to a quality of life in the UK as any UK citizen. Whilst in the UK, despite disability and difficulty, Kelechi has worked and volunteered to better the lives of others and it is shameful that the UK government refuses to protect her from the oppression she unfairly receives because of how and where she was born. It is not for us to condemn others to persecution, hate and death as part of our immigration process.
Kelechi could be deported any day, and we need to do everything we can to put pressure on the government and keep her story in the media and people's minds. A fundraising campaign has been launched to pay for living and legal costs so Kelechi can get support in fighting her case.
Whilst Theresa May is shamefully engaged in building a wall to stop refugees in Calais, 'Im proud of the NUS Black Students Campaign, rallying around this valued member of our community, and building a campaign to stand up for justice and humanity.
Please donate what you can, and share her story.
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GIANFICARO: Nothing funny about stopping free speech – Burlington County Times
Posted: at 2:24 am
Sometimes, and at the precise moment, the cavalry comes charging over the hill.
Reader Paul I. Clymer wrote to take issue with my recent column defending the rights of a protester arrested after giggling just once, mind you during a Senate confirmation hearing of attorney general nominee Jeff Sessions in January.
"Rather than spending time talking about Desiree Fairooz and her encounter with federal authorities, I thought for certain you would be criticizing the hate, anger, divisive and despicable remarks of late night comedian (gutter mouth) Steve Colbert about President Donald Trump," Clymer wrote.
To Clymer and others, a TV comedian making a crude comment about the president as midnight approached was curiously viewed as more important column fodder than addressing examples of suppression of the First Amendment, which is under siege in America.
"Imagine the youth of America seeing and hearing such hate and vulgarity about the president," Clymer wrote.
The youth of America seeing and hearing such hate.
From a comedian.
As the clock approached midnight.
On a school night.
Yeah, right.
Just as I was shaking my head in incredulity at Clymer's email and views, the cavalry arrived.
Why did I choose to address the muffling of dissent by government instead of an off-color remark by a comedian about a president who is the poster boy for crudeness? Here's why:
Last Tuesday, a West Virginia veteran reporter, Dan Heyman, was handcuffed and arrested in the hallway of the state Capitol for walking beside and repeatedly asking a question of Health and Human Services Secretary Tom Price, who refused to answer a simple question: Would domestic violence be considered a pre-existing condition under the Republican bill to overhaul the nations health care system?
Understand, the reporter wasn't asking Price to tell him the square root of 4,750 while standing on his head whistling "Habanera" from "Carmen." No, this was an easy one: Yes or no. Price didn't answer, so Heyman asked again.
Do you think thats right or not, secretary? Heyman asked, according to an audio recording Heyman provided to The Washington Post. You refuse to answer? Tell me no comment.
A male voice is heard telling Heyman, Do not get close to her. Back up." Her was Kellyanne Conway, special counsel to Donald Trump.
Moments later, an officer in the Capitol pulled Heyman aside, handcuffed him and arrested him. Heyman was jailed on the charge of willful disruption of state government processes and released on $5,000 bail. According to The Associated Press, police said Heyman was "aggressively" trying to get past Secret Service agents and yelling questions at Price.
Heyman, who was wearing a press credential on a lanyard around his neck as he questioned Price, didn't disrupt any process. He was arrested for doing his job, one protected by the First Amendment. Arrested and jailed for being a dogged reporter. Arrested for pressing a government official for answers to a health care issue that may impact millions. Charged with willful disruption of state government processes. In a hallway.
Video shows Heyman didn't threaten or impede Price or Conway, nor did he shove or grab at either to further get their attention. No, all he did was point a smartphone in Price's direction to record his response as Price and Conway walked together in a hallway.
For that, the reporter was arrested.
And Price's rather mind-boggling opposition to Heyman having the audacity to question him in the hallway of a statehouse?
"That gentleman was not in a press conference," he said.
No, seriously. He really said that.
The public should applaud repeated questioning by the media of an unresponsive politician. Without it, this country, one in which this president has labeled media that don't agree with him "the enemy of the people," will suffer from the crumbling of democracy by the hammer of government oppression.
Instead, the Clymers of the world believe I should have delivered a scathing condemnation of a late night comedian making a potty-mouth comment about Trump.
The same Trump who bragged on tape in 2005 of being able to grope women because, as he explained, he's "a star."
The same Trump whose sexual assault accusations against him are so extensive they're almost too long to list.
The same Trump who stated on national television of his daughter, Ivanka: "Yeah, she's really something, and what a beauty, that one. If I weren't happily married and, ya know, her father "
Gutter mouth, indeed, Mr. Clymer. Gutter mouth, indeed.
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GIANFICARO: Nothing funny about stopping free speech - Burlington County Times
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Antibase Okinawa activist to talk about ‘undue oppression’ at UN – The Mainichi
Posted: at 2:24 am
May 16, 2017 (Mainichi Japan)
NAHA (Kyodo) -- A prominent anti-U.S. base activist in Okinawa said Tuesday he hopes to draw attention to the "undue oppression" seen against base opponents in the island prefecture when he delivers a speech at a meeting of the U.N. Human Rights Council in mid-June in Geneva.
"I want to tell that our (freedom of) expression is being regulated through perfunctory laws and that this situation is going unchallenged," said Hiroji Yamashiro, 64, who was detained for around five months from October for what his supporters call minor offenses during base protest activities.
The head of the Okinawa Peace Action Center was released on bail in March and is currently on trial for allegedly obstructing official duties and other offenses.
According to ongoing arrangements by the United Nations and Yamashiro, he has been given two minutes to speak in front of government officials during the U.N. council's plenary session in the week of June 12. He also plans to speak at a related event.
Yamashiro also said riot police and Japan Coast Guard members are frequently using "violence" against protesters at the Henoko coastal area, the site where the Japanese government is building a replacement facility for U.S. Marine Corps Air Station Futenma, also in Okinawa.
According to his lawyer, Yamashiro needs to seek permission from the court before traveling to Switzerland because he is on trial.
In September 2015, Okinawa Gov. Takeshi Onaga also made a speech at the U.N. Human Rights Council in the hope of winning international backing for his opposition to the plan to relocate the Futenma base within the prefecture.
The Japanese and U.S. governments have pursued the relocation of the Futenma base from a crowded residential area in Ginowan to the less populated Henoko in Nago, saying the plan is "the only solution" to address noise problems and accident risks posed by the base without undermining the deterrence provided by the Japan-U.S. alliance.
But Onaga and many other Okinawans, who are frustrated with hosting the bulk of U.S. military facilities in Japan, want the base to be relocated outside the prefecture.
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Antibase Okinawa activist to talk about 'undue oppression' at UN - The Mainichi
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