ILJ 2021 Materials

ILJ 2021 Materials

The International Law Journal, the Leitner Center for International Law and Justice and the Center on Race, Law and Justice presents Black Lives Matter Around the Globe: A Symposium Focused on Racial and Ethnic Discrimination Abroad February 12, 2021 10 a.m. - 1:30 p.m. EDT Zoom Webinar CLE COURSE MATERIALS Table of Contents - http://jkhome.nic.in/psa0001.pdf 1. Speaker Biographies (view in document) [REPORT] Amnesty International Report - Armed Forces Special Powers Act 2. CLE Materials - https://www.amnesty.org/download/Docu ments/12000/asa200422013en.pdf Panel 1 #KashmiriLivesMatter: A Discussion about the Ongoing Conflict in Kashmir [REPORT] OHCHR Report - Developments in UAPA, 1967 - Kashmir https://www.ohchr.org/Documents/ https://www.mha.gov.in/sites/default/files/A Countries/IN/DevelopmentsInKashmirJune 1967-37.pdf 2016ToAp ril2018.pdf UAPA Amendment 2019 - http://egazette.nic.in/WriteReadData/2019/ [REPORT] OHCHR Report - UN experts 210355.pdf call for urgent action to remedy "alarming" human rights Armed Forces (Jammu & Kashmir) Special situation https://www.ohchr.org/EN/NewsEv Powers Act, 1990 - ents/Pages/DisplayNews.aspx?NewsID=26 https://www.mha.gov.in/sites/default/files/T 148 he%20Armed%20Forces%20%28Jammu% 20and%20Kashmir%29%20Special%20Po wers%20Act%2C%201990_0.pdf Panel 2: Racial and Ethnic Discrimination in Africa Public Safety Act - [ARTICLE] ConCourt Brings Relief to Children http://jkhome.nic.in/psa0001.pdf Born in South Africa to Foreign Parents - https://www.timeslive.co.za/news/south- Human Rights: africa/2020-02-27-concourt-brings-relief-to- https://www.amnesty.org/download/Docum children-born-in-sa-to-foreign-parents/ ents/12000/asa200422013en.pdf [ARTICLE] Ensuring All Lives Matter in South https://www.ohchr.org/Documents/Countrie Africa - Toward Freedom s/IN/DevelopmentsInKashmirJune2016ToA - https://towardfreedom.org/story/ensuring-all- pril2018.pdf black-lives-matter-in-south-africa/ [CONSTITUTION] - Excerpt of Bill of Rights https://www.ohchr.org/EN/NewsEvents/Pag and Chapter 14 of Kenyan Constitution es/DisplayNews.aspx?NewsID=26148 - http://www.kenyalaw.org:8181/exist/kenyalex/ actview.xql?actid=Const2010 [Law] UAPA, 1967 - https://www.mha.gov.in/sites/default/files/ [ARTICLE] - Black American and Kenyan Lives A1967-37.pdf Matter - https://www.the-star.co.ke/siasa/2020- 06-13-black-american-and-kenyan-lives-matter/ [Law] UAPA Amendment 2019 - http://egazette.nic.in/WriteReadData/2019 [LEGAL RULING] - Chisuse and Others v /210355.pdf Director-General, Department of Home Affairs and Another [2020] ZACC 20 - https://collections.concourt.org.za/bitstream/h [Law] Armed Forces (Jammu & andle/20.500.12144/36628/Judgment%20CCT Kashmir) Special Powers Act, %20155- 1990 https://www.mha.gov.in/sites/default/fi 19%20Chisuse%20and%20Others%20v%20Di les/The%20Armed%20Forces%20%28Jam rector- mu% 20and%20Kashmir%29%20Special% General%2c%20Department%20....pdf?seque 20Powers%20Act%2C%201990_0.pdf nce=47&isAllowed=y [Law] Public Safety Act Panel 3: Racial and Ethnic Discrimination in Europe Black Lives and German Exceptionalism Citizens of Nowhere [ARTICLE] - Black Lives Matter and German Exceptionalism - https://verfassungsblog.de/black-lives- and-german- exceptionalism/#:~:text=The%20killings%2 0of%20George%20Floyd,movement%20ha s%20come%20into%20being. [ARTICLE] - Citizens of Nowhere? Fear, Race, Migration, and the Dangers of Formalism - https://www.juwiss.de/84- 2016/ [CASE LAW] - DeGraffenreid v. General Motors Assembly Division St. Louis - https://www.westlaw.com/Document/I125 961b4910211d98e8fb00d6c6a02dd/View/F ullText.html?transitionType=Default&conte xtData=(sc.Default)&VR=3.0&RS=cblt1.0 [CASE LAW] - Korematsu v. United States - https://www.westlaw.com/Document/Id4c 846ac9c1d11d991d0cc6b54f12d4d/View/F ullText.html?transitionType=Default&conte xtData=(sc.Default)&VR=3.0&RS=cblt1.0 Bios for ILJ Spring Symposium CLE Packet Panel 1 Sehla Ashai Sehla Ashai is a Kashmiri American attorney and human rights activist, with a special focus on immigration, racial/religious discrimination, and women's rights. A graduate of Johns Hopkins University and University of Michigan Law School, Ms. Ashai received the Henry Bates and Clara Belfield Fellowship from University of Michigan Law School in 2005 to study the state subjects law of Kashmir and presented her findings at the Association of American Law Schools Annual Meeting Session on Law and South Asian Studies. After law school, Sehla has worked as a federal judicial law clerk, a legal aid attorney, a human rights program consultant (domestically and internationally), and the director of immigration litigation for a nonprofit focused on serving the Muslim community. Currently, she is adjunct professor of law at the Texas A&M University Law School’s Immigrant Rights Clinic. Arjun Sethi Arjun Singh Sethi is a human rights lawyer, professor, author, and community activist based in Washington, DC. He works closely with Muslim, Arab, South Asian and Sikh communities, and holds faculty appointments at Georgetown University Law Center and Vanderbilt University Law School. In the wake of the 2016 election, Arjun traveled the country and met with a diversity of people to document the hate they experienced during the campaign and after inauguration. American Hate: Survivors Speak Out was released in August 2018 and named an NPR Best Book of the Year. Arjun also serves as Co-Chair of the Committee on Homeland Security, Terrorism & Treatment of Enemy Combatants at the American Bar Association and has served as a legal observer across the world, including military commissions at Guantanamo Bay. Mrinal Sharma Mrinal is a human rights lawyer and researcher who works with unlawfully detained human rights defenders, asylum seekers, refugees and stateless persons in South Asia. She completed her L.L.B. from the University of Delhi in 2013 and earned her L.L.M. in International Law and Justice from Fordham University of Law in 2018 where she was also a Dean's Scholar. Most recently, she worked as a Policy Advisor with Amnesty International India until the organisation was forced to shut down by the Government of India. At Amnesty, Mrinal's work focused on arbitrary deprivation of nationality in Assam, hindered access to justice in Kashmir and demonisation of minorities in India. Previously, she has worked with the Commonwealth Human Rights Initiative and Refugee Solidarity Network. Her work has been published in various news dailies and the annual journal of the Indian National Human Rights Commission. Panel 2 Kofi Abotsi Dr. Kofi Abotsi is the Dean of the UPSA Law School. Prior to his assumption of post, he was the immediate past Dean of the GIMPA Law School, a position he held between for six (6) years 2012 and 2018. As a practicing lawyer, Dean Abotsi has a 19-year standing at the Bar and has played an active role in the administrative life of the Ghanaian Bar. Dean Abotsi has also held various public service positions, including serving on Constitutional Commissions and consulting for governmental and inter-governmental agencies and bodies including the IMF. In addition to the above, Dean Abotsi has served on a number of boards and advisory councils and played pivotal roles in shaping the policy direction of corporate entities in Ghana, including presently chairing the advisory board of the Chief Executives Officers (CEO) Network of Ghana, (a body comprising the CEOs of some of the largest and notable corporations in Ghana). Dean Abotsi holds a bachelor of Laws Degree and Barrister-at-Law Certificate from the University of Ghana and the Ghana School of Law respectively, a Master of Laws Degree from the Harvard Law School and a doctoral degree in constitutional law from the University of Milan. He is equally widely consulted in academia and has been a visiting scholar and guest lecturer in leading European and American universities including Oxford University in the United Kingdom, Fordham Law School and Indiana Law School, in the United States, and the Universities in Italy. Dean Abotsi has written extensively in leading peer review journals of law in the world in various areas of law but largely concentrated in constitutional and corporate law. He is a member of charitable organizations and professional bodies including the Ghana Bar Association and rotary international. He is also a fellow of the Institute of Directors, Ghana. Willy Mutunga Willy Mutunga was Kenya’s 14th Chief Justice since independence and first President of the Supreme Court under the 2010 Constitution. He served in that capacity from 2011 to 2016. Recently he has served as consultant with the Constitution Review Commission of The Gambia; Secretary General of the Commonwealth special envoy to the Maldives; and a distinguished scholar-in-residence at Fordham Law’s Leitner Center for international Law and Justice School. Justice Mutunga studied law in the University of Dar es Salaam (LLB. LL.M) and Osgoode Hall Law School, University of York, Toronto (D.Jur). He is Senior Counsel of the Kenyan Bar. Justice Mutunga played a pivotal role in the constitution-making processes in Kenya from the 1970s and particularly, from the early 1990s. He worked on the implementation of the progressive 2010 Kenyan Constitution as head of the Judiciary and President of the apex court in the country. He advocated, in his writings and judgments, for the development of indigenous, robust, patriotic, decolonized, de- imperialized, pro-people, progressive, gender just, non-racist, non-ethnic, and transformative jurisprudence that is not insular and does not pay unthinking deference to other jurisdictions, regardless of how prominent they may be. He has also advocated for a progressive jurisprudence for Africa and the global south as part of the significant contribution in the struggle for a new just, peaceful, non-militaristic, ecologically safe, prosperous, egalitarian, and equitable socialist world. During his tenure as Chief Justice, Mutunga sought to lay permanent and indestructible foundations for a transformed judiciary. Under the blueprint of the Kenyan Judiciary Transformation Framework 2012- 2016, he achieved impressive progress in bringing the justice system closer to the ordinary people.

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