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January 2001 WLB 2001.01, January 2001 Entry controls The LAW Financial control authority Genomic information LIBRARY of Human rights agreements and conventions CONGRESS Identification cards Immigration Ketamine Land privatization Libel suits Marine resource protection Organized crime convention Prevention of smoking Regulation of TV programs Religious organizations registration Right to silence Rights for indigenous peoples Trade navigation code Taiwan/China links WORLD LAW Updates: • World Trade Organization BULLETIN • European Union Developments Administrative courts Antiterrorist center Bilateral alliances Constitutional amendments Criminal syndicates Economic crimes Election procedures Taiwan–Economic crimes –Entry controls eased for mainland visitors –Mini-links with PRC approved The WORLD LAW EUROPE BULLETIN ~ a monthly Czech Republic–Senatorial elections under new law awareness service prepared by the Staff Estonia–New financial control authority of the Law Library of Congress. Italy–Identification cards Russian Federation–Religious organization Editors: Constance Axinn Johnson and registration closed Wendy I. Zeldin. For more information or research tailored to your needs, call: NEAR EAST the Directorate of Legal Research, at Azerbaijan–Trade navigation code adopted 7-4351or fax:7-1820. The Bulletin Israel–Court for administrative matters and information on Law Library services for Congress can be found SOUTH PACIFIC online at: Tonga–Contract for genomic information http://lcweb.loc.gov/law/congress LAW AND ORGANIZATIONS– GLIN: The Global Legal Information INTERNATIONAL AND REGIONAL Network, a primary source of authentic Australia/New Zealand–Migration legal information serving congressional Chile/Mexico–Strategic alliance forged research needs, is accessed through the China/UN–MOU on human rights Internet at: http://www.loc.gov/glin CIS–International antiterrorist center created Law Librarian of Congress and GLIN Laos/UN–Human rights conventions Director General: Rubens Medina, MERCOSUR/Mexico–Talks to open in 2001 tel.: 7-5065. Thailand/UN–Organized crime convention PLUS: Law Library product listings Table of Contents Features: AMERICAS Mexico–Broader rights for Indians; hope for ! World Trade Organization–update peace in Chiapas ! European Union Developments--update –Prevention of smoking ASIA China–Criminal syndicates –Libel suits against Japanese writers –Local right-to-silence regulation –Planned regulations on TV programs The Law Library of Congress –Protection of marine resources ~ Hong Kong–Election procedure controversy serving the U.S. Congress –Ketamine called dangerous drug since 1832. Kyrgyzstan–Land privatization Mongolia–Amendments to the Constitution; other issues in the Parliament AMERICAS State governments would determine what functions these communities would control and allocate funds MEXICO–Broader Rights for Indians; Hope for to carry out those functions. Peace in Chiapas There will be Senate debate on the bill. On December 5, 2000, only four days after Subcommander Marcos, the leader of the assuming the presidency of Mexico, Vicente Fox Zapatista forces, has said that he would lead a Quesada sent a bill to the legislature that would delegation of 25 rebel officers to Mexico City in substantially increase the rights of Mexican Indians. February 2001 to present their positions in support Fox stated in the introduction to the bill that “the of the pending legislation. Shortly after Fox’s legal situation of the indigenous people is still swearing in, Marcos expressed his willingness to profoundly unsatisfactory, and their social condition resume the peace negotiations broken off in 1996, is a matter of deep national concern.” Indian rights with three conditions: adoption of an Indian bill of have long been a controversial topic, but since rights, withdrawal of army troops from seven January 1, 1994, when Indian rebels, known as bases in Chiapas, and release of all Zapatista Zapatistas, began an armed uprising in the southern political prisoners. state of Chiapas, the topic has become a hot-button issue. Passage of the bill, Fox’s first legislative The passage of the bill could be blocked by initiative, might reopen the dialogue between the several lawmakers who have argued that the bill government and the rebels and end the seven-year- and peace accords violate constitutional old violent conflict in Mexico’s poorest state. guarantees, but supporters are confident that the bill will be accepted by Congress. Emilio President Fox’s bill would convert into law the Zebadua, soon to be secretary of government in San Andres accords of 1996, negotiated by Chiapas state, said that he thought “it would be an representatives of the Zapatistas and a government act of tremendous irresponsibility on the part of the team, but set aside by Fox’s predecessor Ernesto minority if they indeed attempted to stop what Zedillo Ponce de Leon. The proposed law would seems to be the most important element in creating revise seven articles of the Constitution, permitting peace in Chiapas–-and therefore in Mexico.” He Indian communities to elect local officials and sees the merging of national and Chiapas exercise forms of local government according to commitments to peace as a positive trend. their traditions, as long as women’s rights are respected; to acquire their own media outlets; and Mexico’s population is approaching 100 million to participate with educational authorities in people, mostly of mixed white and Indian race, establishing bilingual school systems. It would also with about 10% of the population composed of require that indigenous judicial practices be people with pure Indian blood located throughout respected as long as they conform to the the nation. The indigenous communities occupy the Constitution. For example, Indian convicts would bottom of the social and economic strata. be allowed to serve their sentences close to their President Fox has also created a special office in homes. Government development plans would have the presidency to promote Indian rights, headed by to take into account the needs of indigenous people, a special advisor. (The Los Angeles Times, Dec. and state legislatures could redraw local boundaries 6, 2000, via according to traditional Indian community lines. http://latimes.com/news/nation/20001206 2 /t000116802.html.) (Sandra Sawicki, 7-9819) ASIA MEXICO–Prevention of Smoking CHINA–Criminal Syndicates Having already banned smoking in federal offices and buildings (See WLB 2000.09, Sept. 2000), the The Supreme People’s Court adopted an Mexican government has acted further interpretation on adjudicating cases involving to protect people from the harmful effects of crimes of Mafia-like organizations on December second-hand smoke. The Regulation on 4, 2000, effective December 5, 2000. It explicates Consumption of Tobacco, enacted on July 26, 2000, certain key phrases in each of the four paragraphs prohibits smoking in a broad array of transportation, of article 294 of the Criminal Law of the People’s education, and health facilities. In these locations, Republic of China (adopted on July 1, 1979; as smoking areas for workers, visitors, or patients will amended on Dec. 25, 1999), which covers criminal be permitted, but they must be isolated from work syndicates. areas, have outside ventilation, be distributed Among the traits of “organizations with the according to the number of workers by floor, area, characteristics of a criminal syndicate” described or building, and be clearly identified by signs. in the Interpretation are that they are relatively (Diario Oficial, July 27, 2000.) close-knit, comprise a relatively large number of people, have a relatively clear organization, The Regulation also calls for the establishment of leadership, and basically fixed core membership, a program to prevent smoking, especially among and have relatively strict organizational discipline children and adolescents, that will be comprised of (Interpretation, art. 1, item 1). Other articles deal several basic actions. The Secretariat of Health with what it means to recruit members for will promote healthy lifestyles in the family, criminal syndicates; with punishment of other workplace, and the community. The public will be criminal activities committed by the syndicates, informed of health risks from smoking. Information their leaders, or participants; and with the on the hazards of smoking will be included in confiscation of syndicate property, profits, and educational materials and programs. Smoking criminal instruments. cessation programs will be increased, with treatment offered to smokers who want to quit. Three of the seven articles have to do with the Research on smoking habits will be encouraged to role of state functionaries in organized crime. identify risk factors and health and social problems Officials who organize, lead, or participate in associated with smoking, characteristics and scope criminal syndicates are to be punished severely. of the problem, the social and cultural contexts of Definitions for cadres who “harbor” or “connive” tobacco consumption, and the effects of advertising with Mafia-like organizations are set forth. on smoking. Harboring refers, among other actions, to divulging secrets; hiding, destroying, or fabricating The health secretariat will coordinate actions to evidence; and helping the syndicates or their prevent smoking in the federal government and will members go into hiding. Connivance by cadres is oversee compliance with these rules. Violators of defined as actions
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