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Constitution

Protests Erupt In Indonesia Over Attempts To Bypass Constitution

Large-scale protests erupted across Indonesia on Thursday, August 22, in response to the government’s attempt to revise the regional election (Pilkada) law. Protesters demanded that the government and the House of Representatives (DPR) immediately halt the revision process, arguing that it violates the constitution. In several instances, the police fired tear gas at the protesters, causing injuries. In central Java, students stormed the office of the Regional House of Representatives (DPRD) after the police arrested one of the protesters, Kompas reported. Protesters in Jakarta were joined by leading intellectuals, academics and celebrities, who expressed concerns about the revisions being carried out without any public consultation.

US Postal Service’s Attack On Privacy

I've written in the past about the U.S. Postal Service’s so-called Mail Cover Program.   It allows postal employees to photograph and send to federal law enforcement organizations (F.B.I., Department of Homeland Security, Secret Service, etc.) the front and back of every piece of mail the Post Office processes. It also retains the information digitally and provides it to any government agency that wants it — without a warrant.  I’m not an attorney, of course.  But I’m also not an idiot.  And that policy strikes me as a violation of Americans’ civil liberties. The Mail Cover Program has been known publicly for quite some time. 

Kenya Ignores Court Order To Join Occupation Of Haiti

The New England Human Rights Organization (NEHRO) reaffirms its commitment to promoting human rights wherever violations might occur. Therefore, the organization adopts a holistic approach to human rights, encompassing the right to life and liberty; freedom from slavery and torture; freedom of opinion and expression; as well as the right to work and education, to name a few. According to the United Nations, « everyone is entitled to these rights, without discrimination. » On January 26, 2024, Kenya’s High Court Judge Enock Chacha Mwita ruled that « any decision by any state organ or state officer to deploy police officers to Haiti… contravenes the constitution and the law and is therefore unconstitutional, illegal, and invalid. ».

CPK Applauds Court Ruling Against Kenyan Police Deployment In Haiti

The International Department of the Central Organizing Committee of the Communist Party of Kenya issued this statement in staunch solidarity with the January 26th, 2024 High Court ruling in Nairobi, declaring the deployment of National Police Services (NPS) officers to Haiti unconstitutional. Judge Chacha Mwita's articulate decision represents a crucial victory for constitutional principles and sovereignty. The acknowledgment that the National Security Council and NPS lack authority to deploy police beyond Kenya underscores the imperative of upholding the constitutional framework governing our government's actions.

The Real Border Crisis: Texas Vs. The Constitution

The United States is on the verge of a constitutional crisis, one that enlivens the nationalist fervor of Trump America and that centers on a violent, racist closed-border policy. In January, the Supreme Court, with a five-vote majority that included both Republican and Democratic appointees, ruled that federal agents can “remove the razor wire that Texas state officials have set up along some sections of the US/Mexico border” to make immigration more dangerous (CBS, 1/23/24). The state’s extreme border policy is not merely immoral as an idea, but has proven to be deadly and torturous in practice (USA Today, 8/3/23; NBC, 1/14/24; Texas Observer, 1/17/24).

Lessons From One Unequal Society To Another

This past Sunday, Chileans voted once again on a new constitution, opting to reject — for the second time in two years — an attempt at constitutional revision. Rejecting a highly conservative text, voters chose to keep the dictatorship-era constitution for the time being. A political saga that began amid immense hope has now devolved into a dismal disarray that’s left countless Chileans tired and frustrated. Here in the United States, we face an equally bleak political outlook. According to a recent Pew Research Center report, 25 percent of U.S. adults feel that neither of the nation’s two major parties represents them adequately enough. Some 63 percent of Americans express little to no confidence in the future of our political system.

Chile’s Proposed New Constitution Threatens Women’s Rights

Chilean society is once again at the culmination of a transformative constitutional process. This pivotal juncture will decide whether the constitution drafted by a legislature dominated by conservative and right-wing parties will replace the current constitution which was established during Augusto Pinochet’s dictatorship. After a first failed attempt to establish a new constitution, this new draft introduces stricter measures concerning irregular migration, firmly entrenches the existing pension and healthcare systems—both subjects of substantial critique. It additionally introduces provisions that pose significant threats to sexual and reproductive rights, specifically through the establishment of “rights for those who are about to be born” and the legalization of “conscientious objection” regarding the provision of goods and services.

Deploying Kenyan Police In Haiti Is Unconstitutional

The matter of Kenya sending 1000 police women and men to Haiti is but one of the many decisions our government is taking without our participation and consent. The Constitution is very clear that our foreign policy has to comply with the decrees of the Constitution. Foreign policy decisions by the government are unconstitutional when they violate any of the provisions of the Constitution. Article 1 of our Constitution decrees that all sovereign power belongs to us, the Kenyan people. Indeed, sovereign power is delegated to the national executive and can be exercised directly by the Kenyan people themselves.

The Far Right Has Hijacked Chile’s New Constitutional Process

In 2019 the nation of Chile was shaken by a mass protest movement that has come to be known as the Social Explosion. A central demand of the Social Explosion was the abolition of the current constitution drafted in 1980 under US-backed fascist dictator Augusto Pinochet. In 2020, Chileans overwhelmingly voted for a new constitutional process in a referendum. However, just two years later, a plebiscite overwhelmingly rejected a new proposed constitution. Since then, the far right has hijacked the process by stacking the constituents to create another constitutional draft with their own representatives.

Argentina: Protests Continue, Indigenous Communities Demand Repeal Of Constitutional Reform

Raúl Choquevilca—the president of the indigenous community of Ocumazo, in Humahuaca, Jujuy province of Argentina, and member of the Assembly of the Third Malón de la Paz—confirmed on a local radio interview that a new day of protests was beginning in Jujuy against the express and unconsented regional constitutional reform, promoted by Gerardo Morales, the governor of Jujuy province. In a communiqué released this Thursday, July 6, Choquevilca informed that all roads will be blocked and that no traffic will be allowed “until the constitutional reform is repealed,” although they clarified that they will allow the transit of essential services.

Thousands Rally Across Australia In Support Of Indigenous Reform

Thousands of people have rallied in cities and towns across Australia to back a campaign to recognise the country’s Indigenous people in the constitution in advance of a referendum later this year. The gatherings on Sunday, organised by the Yes23 campaign, were part of a nationwide “day of action” to rally the public after a recent dip in support for the constitutional change. The proposal, which will be put up for a referendum between October and December, seeks to establish an advisory body – the Indigenous Voice to Parliament – to give Aboriginal and Torres Strait Islander people a direct say in policies that affect them.

Young Montana Residents Bring Climate Change Case To Court

A groundbreaking climate change trial will begin on Monday in a courtroom in Montana’s capital city, involving 16 young residents who allege state officials violated their constitutional rights to a healthy environment. Filed in March 2020, the lawsuit, Held v Montana, will mark the first-ever constitutional climate trial in US history. “We’re asking the government and the courts to do their job and protect us, along with the rest of Montana’s citizens and our incredible home state; this case is one big opportunity for the state to become a leader in preserving a safe, beautiful and prosperous future for Montana,” Grace Gibson-Snyder, a 19-year-old plaintiff, said.

Ecuadorian Opposition Rejects Dissolution Of Parliament

On Wednesday morning, May 17, Ecuadorian President Guillermo Lasso decreed the dissolution of the National Assembly, the country’s unicameral parliament, using the “cross-death” constitutional mechanism. Lasso argued that there was a “serious political crisis and internal commotion” in the country, and that the dissolution of the opposition majority parliament was a “constitutional solution” and a “democratic action.” Lasso’s decision came a day after the parliament began an impeachment hearing against him. He is accused of corruption and embezzlement of public funds.

First Amendment Authorized Assange’s Possession Of Classified Data

Last week marked four years of WikiLeaks publisher Julian Assange being held at Britain’s Belmarsh Prison while he awaits the outcome of his fight to block extradition to the United States. While the U.S. government is also charging Assange with conspiracy to commit computer intrusion,  the core of its case is that Assange violated the 1917 Espionage Act by “possessing” and releasing “defense” material that caused “injury” to the United States or gave “advantage” to other nations, a boundless and limitless standard that can turn virtually any journalist or blogger into a criminal defendant. No other direction, definition or limitation appears in this law that is now being applied to Assange.

Chilean Congress Approves Bill To Launch New Constituent Process

The Chilean Chamber of Deputies, on Wednesday, January 11, with 109 votes in favor, 37 against and two abstentions, approved a bill that launches a new constituent process to replace the country’s dictatorship-era constitution. The bill had already been approved in the Senate. On January 3, the upper house of Congress had passed it with 42 votes in favor, seven against and one abstention. Now, it must be promulgated by President Gabriel Boric in order to take effect. After it is published in the Official Gazette, the process to draft a new constitution, one of the fundamental demands of the October 2019 social uprising against inequality, will begin. The bill calls for the creation of a Commission of Experts of 24 members, a Constitutional Council of 55 members, and a Technical Admissibility Committee for redrafting Chile’s new Magna Carta.

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Keep independent media alive. 

Due to the attacks on our fiscal sponsor, we were unable to raise funds online for nearly two years.  As the bills pile up, your help is needed now to cover the monthly costs of operating Popular Resistance.

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