KM NEWS BUREAU august 22, 2002.

Power of President to consult Supreme Court

New Delhi -- KM News.Till now, the President has referred questions of constitutional validity matters to the Supreme Court on more than ten occasions. The nature of references has been the constitutionality of an existing law, the constitutionality of a Bill presented for the President's assent, the implementation of an international agreement, the constitutionality and vires of a draft Bill to be moved in Parliament, the respective jurisdiction of the Legislature and the superior courts in relation to the power of the former to punish for contempt, interpretation of constitutional provisions relating to election of the President, powers of an inter-state water disputes tribunal and power of a State to legislate in regard to such tribunal, whether a Hindu temple or religious structure existed at a particular place , and consultation between Chief Justice of India and his brother judges in the matter of appointments of Supreme Court and High Courts judges and the transfer of the latter.

The references made by the President to the apex court so far have been on the constitutionality of the Delhi Laws Act, 1912 , the Kerala Education Bill, 1959, Implementation of the Indo-Pakistan Agreement on Berubari, the Sea Customs Act, 1878, the Presidential Election, 1974, the Special Courts Bill, 1979, the Cauvery Water Disputes Tribunal, the Ayodhya matter , the Jammu & Kashmir Resettlement Bill, the Judges case and the Constitutionality of the Election Commission's Orders on the Gujarat Elections filed on August 19, 2002.

Under Article 143(1) of the Constitution, if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the President its opinion thereon.

The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

This Article confers upon the President the power to consult the Supreme Court upon any question of public importance as the President may think fit, whether of law or of fact and whether or not such questions relate to the functions and duties of the President. The President's opinion as to the question being of public importance is not open to question.

It is not necessary that the question on which the opinion of the court is sought must have arisen actually. It is competent for the President to make a reference at an anterior stage, namely when he is satisfied that such question ' is likely to arise'.

Clause (1) of Article 143 empowers the President to refer to the Supreme Court a question of law or fact which has arisen or is likely to arise. In case, the court has already pronounced a judgement on a question of law then it can not be said that a doubt exist regarding that question. The President can refer a question of law only when the Supreme Court has not decided it. The advisory jurisdiction under Article 143 is not an appellate jurisdiction of the Supreme Court over its own decisions. The Executive has no power to ask the Supreme Court to revise its decision.

While under Clause (2), it is obligatory on the Supreme Court to entertain a reference and to report to the President its opinion thereon, the Court has, under Clause (1) a discretion in the matter and may, in a proper case, decline to express any opinion on the questions submitted to it. For example:

1. Where the question referred to is a political one, as distinguished from the constitutional validity of a Bill or Act.

2. Where it is incapable of being answered.

3. Where the question is hypothetical or speculative or superfluous. But the mere possibility that a pending Bill may undergo changes in course of legislation, would not make the question of constitutionality of a pending Bill hypothetical.

4. Where it is vague--unless the vagueness is cleared by the written briefs and submissions of the parties before the court.

5. Where the court considers that the question does not arise in the facts and circumstances of the case.

It is for the President to determine what question should be referred, including a pending Bill, on the other hand, the Supreme Court cannot go beyond the question referred and discuss other questions because any doubts may have arisen relating to them.

A reference on the question of constitutionality of a pending Bill neither encroaches upon the functions and privileges of the legislature, nor supplants Article 31 of the Constitution.

If the reference raises a question of law or fact which is justiciable. the court can not refuse to give its opinion on the mere ground of expedience or propriety.

It is neither obligatory for the Supreme Court to give its opinion under Clause (1) whenever the President makes a reference, nor for the President to act upon the opinion pronounced by the Supreme Court.

In its advisory jurisdiction under Article 143, the Supreme Court can not go into disputed questions of fact, or inquire into the truth or otherwise the recitals in the Order of Reference or the bona fides of the order of reference.

The advisory opinion given under the present Article is not a judgement and does not, accordingly, furnish a good root of title such as might spring from a judgement of the Supreme Court. Nevertheless, so far as all courts in the territory of India (other than the Supreme Court) are concerned, they would be bound by the opinion of the Supreme Court even though it has been given under advisory jurisdiction.

The Supreme Court itself would however remain free to re-examine and, if necessary, to overrule the view taken in an opinion under Article 143(1). But it would not entertain argument on points covered by the Opinion on the Reference.The Supreme Court, in the Cauvery Water case, has expressly refrained from recording an opinion on the question whether its opinion given under Article 143 is binding on all courts. Top

Nigerian Government to challenge Sharia sentence, says minister

KM News

LAGOS, 21 August (IRIN) - Minister of Justice Kanu Agabi said on Tuesday that Nigeria's government would challenge a decision by a Sharia court to turn down an appeal against a death sentence imposed on a 30-year-old woman, Amina Lawal, convicted in March of adultery.

The court on Monday upheld the death-by-stoning sentence which a lower court imposed on Lawal after she gave birth to a baby out of wedlock. The man she identified as the baby's father was acquitted for lack of evidence.

"The death sentence on Amina ... raised substantial issues of law and fact worthy of the attention of the Court of Appeal," Agabi told reporters. "We must appeal against the judgment."

He said that, in accordance with Nigeria’s federal constitution, the judgment of the Sharia court would be respected by the government and dealt with in the proper way. "We must not take laws into our hands; we must follow due process and respect the outcome," Agabi said.

Lawal's sentence has attracted widespread international condemnation from human rights groups, with governments, including those of the US and various European countries, and the European Union expressing their concern to the Nigerian government.

Under the terms of the judgment, the execution of the sentence would be suspended for 18 months, when Lawal's eight-month baby would have been weaned. If Katsina State’s judicial process is exhausted, the case could go through the federal court of appeal and ultimately to the Supreme Court. Top

Zimbabwe: Washington urges isolation of Mugabe

KM News

JOHANNESBURG, 21 August (IRIN) - The US government is working with Botswana, South Africa and Mozambique on strategies to isolate Zimbabwe's President Robert Mugabe, US Assistant Secretary of State for Africa, Walter Kansteiner said.

He was speaking in Washington on Tuesday at a briefing with US Agency for International Development (USAID) administrator Andrew Natsios, where it was announced that a further 190,000 mt of US food would be contributed to help alleviate the drought in Southern Africa.

Focusing on Zimbabwe, the worst off country in the region, Natsios said that Mugabe had done at least five things that could turn Zimbabwe's drought into a famine, and slammed the confiscation of commercial farms which he called "the insurance policy" for the people of Southern Africa.

"It is madness to arrest commercial farmers in the middle of a drought when they could grow food to save people from starvation," he said.

He criticised the government's price controls which discouraged food imports, the government's fixed exchange rate, and accused the government of politicising food aid. He said that while Zimbabwe was the worst affected by the drought, it was being the least co-operative.

Responding to a question on what the US government planned to do about Zimbabwe's policies Kansteiner said: "As President Bush and Colin Powell have both said on a number of occasions, we do not see President Mugabe as the democratically legitimate leader of the country. The election was fraudulent and it was not free and it was not fair."

Suggested trade embargoes were a "blunt instrument" which would affect the whole population, which the US did not want to do, he said.

"What we're trying to do is influence those policymakers at the top. And so, in that sense, we're continuing to work with the South Africans and the Botswanans and Mozambicans on what are some of the strategies that we can use to isolate Mugabe in the sense that he has to realise that the political status quo is not acceptable."

South Africa has increasingly come under fire for its "quiet diplomacy" towards Zimbabwe. Ronnie Mamoepa, spokesman for South Africa's Department of Foreign Affairs told IRIN the South African government was not prepared to comment on Kansteiner's statement on the country's possible involvement in isolating Mugabe.

Zimbabwe government officals contacted by IRIN also declined to respond.Kansteiner said the US was working with human rights groups and independent journalists in Zimbabwe and was looking at ways that it could join the European Union (EU) on financial freezes targeting high-ranking government members. He conceded that though the US had a travel ban on certain ZANU-PF members, treaties obliged the country to allow entry to delegates attending UN summits.

Referring to reports that some farms designated for resettlement had been turned over to members of the ruling elite instead of poor people, Natsios said: "It is a disgusting land grab where you're just basically stealing land from one group to another." Concluding his comments on Zimbabwe, Kansteiner said it was "a tragic case" that farmworkers were victims of "ill prepared and ill-thought-out policies." Top

Prime Minister Greets K.R. Narayanan on Onam

KM News

On the occasion of Onam, the Prime Minister, Atal Bihari Vajpayee telephoned former President, K.R. Narayanan here today. The Prime Minister wished Narayanan and Smt. Narayanan a very happy and joyous Onam. Narayanan reciprocated the greetings to the Prime Minister and his family.

Elections in Jammu & Kashmir to be held on Schedule -Adwani

Interview by L.K. Advani, Deputy Prime Minister, to Channel 4 Television in London on Aug 21, 2002

KM News

London Elections to the Jammu & Kashmir assembly would be held on schedule and they would be fully free and fair, Deputy Prime Minister L.K. Advani has said. At the same time, he has accused Pakistan of sabotaging the polls by creating an atmosphere of fear in the State.

"Incidents like the massacre of innocent persons at Kaluchak and Kasim Nagar, and the assassination of Hurriyat Conference leader Abdul Gani Lone, who wanted his organisation to take part in the polls, are a big damper on the smooth conduct of the elections," Advani said.

He made these observations in an interview given to Channel 4 television in London this morning. Advani arrived here yesterday on a four-day visit to Britain on what is his first visit abroad after becoming the Deputy Prime Minister.

He said that representatives of the embassies of foreign countries in New Delhi, as also foreign media correspondents, were free to visit Jammu & Kashmir to observe the conduct of the assembly elections. "However, I must hasten to state that our own Indian press is very vigilant and it highlights the Government’s shortcomings more effectively than anyone else can," he added.

Advani was also categorical in stating that "until cross-border terrorism is stopped, there is no point in resuming talks with Pakistan."

Asked whether cross-border terrorism had reduced, he replied in the negative. "It is still considerable, although there has been some reduction in infiltration because of international pressure on Pakistan. However, infiltration is only one aspect of cross-border terrorism. There are other components of cross-border terrorism – training of terrorists, financing them, providing arms to them, letting terrorist camps to continue to function on Pakistani soil. In short, Pakistan must dismantle the entire infrastructure of cross-border terrorism."

He noted that "Pakistan is under great pressure, both internationally and internally. Having promoted fundamentalism to harass India, it is facing harassment itself to some extent."

To another question, he said that "India, America and Britain are natural allies in the fight against terrorism."

Asked about the flow of funds from Britain to terrorist organisations in India’s neighbourhood, the Home Minister said that "far more funds are coming to them directly from our neighbour."Replying to a question about his relationship with Prime Minister Atal Bihari Vajpayee, he said, "I look forward to Vajpayeeji giving leadership to India for a long time. We two together are doing our best for the country, for the government and for the party. Ours is the best possible partnership that one can think of. At the same time, we are building a new and younger team of leaders."Top

WINNERS OF ARJUNA AND DRONACHARYA AWARDS ANNOUNCED

KM News

The Government today announced the winners of Arjuna and Dronacharya Awards for the year 2001.

ARJUNA AWARDS 2001

Based on the recommendations of the Selection Committee, headed by Prakash Padukone, the Ministry of Youth Affairs and Sports has decided to confer the Arjuna Awards for 2001 to the following sportspersons:

Sr. No. Name Discipline
1. Parminder Singh Basketball
2. Devendra Joshi Billiards & Snookers
3. V.V.S. Laxman Cricket
4. Bruno Coutinho Football
5. Dilip Kumar Tirkey Hockey (Men)
6. Ms. Sita Gussain Hockey (Women)
7. B.C. Ramesh Kabaddi
8. Kasam Khan Rowing
9. Samaresh Jung Shooting
10. Sandeep Kirtane Tennis
11. Amir Singh Volleyball
12. Ramesh Kumar Wrestling
13. Lt. Cdr. R. Mahesh Yachting
14. K.R. Shankar Iyer Athletics & Cricket (Disabled)

 

DRONACHARYA AWARD FOR 2001

The Ministry of Youth Affairs and Sports accepted the recommendations of the Selection Committee for Dronacharya Awards chaired by Ajit Pal Singh and decided to confer the Awards to the following coaches:

1. Machael Joseph Ferreira Billards and Snookers
2. Prof. Sunny Thomas Shooting

The Awards will be presented by the Hon’ble President of India at a function on 29th August, 2002. The Ministry of Youth Affairs and Sports has made major amendments to the scheme of Arjuna Awards for outstanding performance in sports and games. Major changes have been incorporated in the procedure of selection with Chairperson of the Selection Committee being a sportsperson of eminence. The Selection Committee had five Olympians, four Arjuna Arjuna Awardees and two Sports Administrators as its members.Top

20 August 2002

British Government seeks public opionion on banning hand held mobile phones while driving

London -KM News A consultation on banning drivers from using hand-held mobile phones was announced by Road Safety Minister David Jamieson. Research has shown that drivers are four times more likely to have an accident if they are using a mobile phone. The consultation, which begins today, seeks views on the possible introduction of a ban on hand-held phones and asks for opinions on issues such as what, if any, exemptions might be needed.

David Jamieson said: "We know that driving a vehicle whilst using a hand-held mobile phone is dangerous. Our recent advertising campaign has increased awareness
of the dangers of this and the police already prosecute those irresponsible drivers who insist on using their mobiles. But there is still a core of motorists who are ignoring these warnings.

"We are therefore consulting widely on introducing a specific offence of driving while using a hand-held mobile phone. This should leave no-one in any doubt that we are serious about the dangers that this practice presents to drivers and all road users. We are keen to see
contributions from as many people as possible to help decide the way forward."

Recent figures suggest that nearly three quarters of adults in this country own or use a mobile phone. Redelmeir and Tibshirani, 1997 (Canada)* examined the mobile phone
bills of 699 drivers involved in accidents - immediately prior to their accident, and on other days to establish a control. Their findings were that the use of mobile phones in vehicles is associated with a quadrupling of the risk of a collision during the brief period
of a call.Top

Centre backs Kerala's e-governance programme.

KM News

Thiruvananthapuram, Aug 18 - The Union Government has committed itself to providing technical and financial assistance for Kerala's e-governance initiatives. The commitment is contained in a Memorandum of Understanding (MoU) on e-governance, the first of its kind in the country, signed between the Government of India and Government of Kerala in the presence of the Union Communications and Information Technology Minister, Pramod Mahajan.

Under provisions of the MoU, the Government of India would assist the State to address the technology, financing, structuring of specific business models, process re-engineering and organisational issues that need to be dealt with in the course of implementation of projects to be taken up under the State's e-governance initiative.

The technical assistance would include decision-making support that the Government may require and specific plans for identified projects. The Centre would also provide seed funding to the e-governance initiative through the National Institute of Smart Governance (NISG) to cover the cost of the technical assistance offered by it. It would help the State leverage the knowledge, experience and expertise available/gained over the entire country and in particular in organisations such as the National Informatics Centre (NIC).

The State would also receive a package of assistance for capacity building within the Kerala State IT Mission to deal with issues relating to e-governance. The Centre and Kerala have identified land records, computerisation and citizen services in the Motor Vehicles Department and the Registration Department, computerisation of local bodies and citizen services delivery, computerisation of the Civil Supplies Department including creation of a citizen data base, establishment of a State-level Wide Area Network/Data Depositories/Community Internet Centres, establishment of Public Call Centres (PCCs) for providing information services to citizens and replication of the `Friends' project at the sub-district level by setting up Integrated Information Centres as the projects to be taken up under the e-governance initiative.

The list may be reviewed/revised as may be mutually agreed between the two Governments. On its part, the Kerala Government has committed itself to provide fast, convenient, accessible and secure Government services in identified areas through e-governance projects aimed at covering the entire State within a specific period not exceeding three years.

It would implement the identified projects on a self-financing basis to the extent feasible based on non-Government financial resources and project revenues derived from appropriate service charges. The State would position/identify specially identified e- governance project heads with appropriate background for each of the identified projects.

The project heads would lead appropriately constituted project teams and would be responsible for overseeing and ensuring project implementation. Project heads would be identified/positioned at an appropriate level within the line department or organisation in which the e-governance project is being implemented.

The MoU would be initially valid for three years from today and may be renewed as mutually agreed upon between the Centre and of Kerala.Top

21 August 2002

British Home Secretary says Muslims help build Strong Active Committees

KM News

London - In a visit to a West London Mosque and cultural centre today, Home
Secretary David Blunkett saw for himself how Muslim centres are providing practical help and support to the wider community. Mr Blunkett was visiting the Muslim Cultural Heritage Centre which works closely with the community and local authority to help meet the
needs of a wide range of people in one of England's more deprived neighbourhoods. It is building a strong and dynamic community by offering a range of skills training and educational and social services to the local community, as well as the important religious
services that a living, working mosque provides.

Mr Blunkett said: "Active citizenship and civil renewal are close to my heart. Throughout the country, Muslims and mosques with their strong commitment to community development, and with enterprise and dedication, are playing a vital role in building a strong and vibrant society. "The Muslim Cultural Heritage Centre has become a vital resource for
the whole community as well as a place of worship for local Muslims. Places like this can engage and support people doing it for themselves helping to build strong, dynamic communities in which all people are given an opportunity to thrive."

Mr Blunkett was on a tour around Centre, and met Muslim and non-Muslim locals who were benefiting from the services provided. These include a creche, IT training, careers and employment advice, English and Arabic lessons, a luncheon club for over 55s, a canteen
and homework club/study groups on Saturdays. Mr Blunkett praised the work underway and said: "It gives me great pleasure to be here today to celebrate the success of the Muslim Cultural Heritage Centre. Through strong partnership with local and national government, with the local community this Centre is making a real difference to the lives of local people.

"Everyone in the community, Muslim and non-Muslim, young and old, men and women, have in this Centre a place to improve their education prospects and master new skills. Mosques like this one are lowering truancy rates, empowering men and women to learn English and Arabic, and training people back into the job market. They are helping people
to reach their full potential and play an active part in society."

"Equally, with their open door policy, mosques encourage their local communities to mix and gain a better understanding about each other's cultures. The Centre's library preserves Islamic heritage for the congregation and interested members of the wider community.

"This is a vision that Government shares: integration with diversity, a Britain which values the contribution made by each of our many ethnic, cultural and faith communities, and where people from different backgrounds can live and work together in mutual respect
and understanding."

. The Home Secretary was visiting the Muslim Cultural Heritage Centre (MCHC) 224 Acklam Street, North Kensington, London on 21st August. The MCHC was opened in 1999. It operates the following services: - Prayer hall careers advice and guidance,
- IT training Creche - English and Arabic lessons - luncheon club for over 55s
- canteen homework club/study groups on Saturdays supplementary school
- Islamic education reference library.

Its mission is to empower and enable local Muslims (and others) from all backgrounds to reach their full potential, and play an active, positive and participatory role in building stable, cohesive and successful communities. In June 2002, the Centre held the first ever
Imams graduation ceremony following a ten week course which allowed Imams to enhance skills suited to working in the urban and socially excluded communities of Britain.

This year, the Centre received a "mention" from The Civic Trust (given to projects that bring a notable social, cultural or economic benefit to their community). The judges highlighted the cultural benefit the Centre gave to those who would like to find out about
Islam, as well as for those who are already Muslim. They were impressed by the site and its imaginative use of space, being in a disused railway siding, near to industrial areas and a motorway. It was commented that this site paves the way for more regeneration of
the community, and encourages others to use the difficulty-placed land.Top

 

20 August 2002

Afghanis in Britain allowed Voluntary Returns package

KM News

Afghan asylum seekers who want to go home to help rebuild their country will be able to apply for a voluntary assisted return package, the British Government confirmed . The Home Office is to trial a support package of £600 for single people and up to £2,500 for families, to help asylum seekers return voluntarily to Afghanistan. Home Office Minister, Beverley Hughes, said: "In response to the considerable improvement in the conditions in
Afghanistan, we announced last month that we are to start the process of returning failed Afghan asylum seekers by ending the routine granting of exceptional leave to remain. We also said we were looking at an assistance package for those who return voluntarily.

"I am pleased to confirm that we are to set up a six-month trial voluntary assistance scheme. The package will help people re-establish themselves back in Afghanistan, help ensure their return is sustainable, and enable them to play a part in rebuilding their
country. "The money will be paid to returnees during the course of their biometric data used to verify the identity of recipients to help eliminate fraud. "The recent White Paper, 'Secure Borders, Safe Haven', set out our commitment to put in place a credible, end-to-end asylum process. The Nationality, Immigration and Asylum Bill, currently before
Parliament, is taking forward that vision. Central to that radical reform is ensuring that we provide sanctuary for those genuinely fleeing persecution, but that those with unfounded claims are removed from the country quickly and efficiently.

"We also want to help those who want to go home voluntarily to do so in a dignified and sustainable manner. And of course, helping people to return voluntarily is significantly cheaper than supporting them while their asylum claim is considered and then enforcing their return if their asylum claim is rejected.

"Our Voluntary Assisted Return Programme helps asylum seekers return to a number of countries. Because of the particular circumstances in Afghanistan at present, we are providing this additional support package to Afghan asylum seekers returning home."

The voluntary returns scheme will begin operation later this summer. Those who are eligible for the package are Afghan asylum seekers who on 20 August 2002 are awaiting initial decisions or appeals, or who have been granted exceptional leave to enter or to remain. In developing and operating the scheme, the Home Office is working in partnership with the UNHCR, International Organization for Migration, the Afghan embassy, non Governmental organisations and the Afghan communities in the UK. Top

EDUCATION NEWS

19 August 2002

Worlds first leadership college set to open

KM News

In just two weeks time the world's first national leadership centre
for schools opens its doors. From September the National College for
School Leadership (NCSL) will start welcoming headteachers and
aspiring heads to its #28 million Learning and Conference Centre in
Nottingham.

The centre will offer a wide range of programmes, seminars and other
professional development opportunities designed to promote and
develop leadership skills in schools. These will be available not
just to heads but also to deputy heads, department heads, year heads
and others with leadership responsibilities in schools. It's
anticipated more than 20,000 delegates will come to the purpose-built
residential centre in its first year.

"This is a landmark moment in educational leadership" said Heather Du
Quesnay, Director and Chief Executive of NCSL. "Leading and managing
a school is a rewarding but at the same time challenging and complex
business. This wonderful new learning and conference facility will
enable us to offer valuable knowledge, support and inspiration to
school leaders. In doing so we will go a long way to ensuring schools
can deliver the high quality education our children deserve."

A four month programme of events beginning in September has been
organised to celebrate the launch of the College. The official
opening will take place on October 24 and will involve some of the
top names in education and leadership as well as a number of senior
government representatives, including Secretary of State for
Education and Skills Estelle Morris.

Other events in the launch programme include:

- E-learning: Transforming tomorrow's education today (October 2) -
chaired by David Puttnam, this conference will show how e-learning is
transforming teaching and learning. It will also include a video
address by Baroness Ashton.

- An International Future: Learning from best practice worldwide
(October 16 to 18) - bringing together school leaders and policy
makers from this country and abroad, this event will explore examples
of innovative school leadership practice from around the world

- Practitioner Voices: Using enquiry to influence change (November
14) - a workshop-based event to showcase the work of headteachers who
are carrying out research into leadership through NCSL's Research
Associates programme

- Leading the Creative School (22 November) - a seminar to explore
some of the key issues surrounding the use of creativity in
classrooms

- Transformation and the Leadership of Complex Change (29 November)
- a seminar exploring the processes of change in schools led by world
renowned experts in the field, Michael Fullan and Andy Hargreaves.

- Student Leadership (2 December) - a series of seminars on how
students can affect leadership in schools for example as lesson
observers

The National College for School Leadership already runs the three
national headteacher training programmes, including the National
Professional Qualification for Headship (NPQH). It is also developing
a fourth national programme for subject and specialist leaders.

In addition the College has piloted and is continuing to develop a
wide range of more specialist and niche training programmes, for
example for ethnic minority teachers aspiring to headship and for
headteachers wanting to improve their knowledge of how to use ICT
strategically in schools.

The College is also committed to the principle of networked learning
and has established nearly 50 "innovation" networks across the
country, involving more than 500 schools.

All the College's work is built on the foundations of extensive and
ongoing research into school leadership, much of which is shaped and
carried out by serving headteachers. Top

20 August 2002

British Charity Commission Joins Forces with Leeds City Council to Charity magazine Scam

KM News

The British Charity Commission, the organisation responsible for the regulation of charities in England and Wales, has today warned the public in West Yorkshire to be on the look out for fraudulent magazine vendors who target shoppers and commuters in town and city
centres. Con-men are publishing poor quality magazines and other products, and are falsely claiming that the proceeds will benefit charities. This is a scam. People are being duped into believing that funds will be used to benefit good causes.

Charity Commission investigators have detected a spate of these cases in Leeds and Bradford. In a bid to crack down on this illegal activity the Commission has joined forces with Leeds City Council licensing authority. Commission teams are in West Yorkshire this week to exchange information with the local authority's staff and will be patrolling
areas that are targeted by sellers of this type of magazine.

Charity magazines are an effective fundraising tool for legitimate charities, but known criminals are exploiting the public's generosity. The Commission urges the public to think carefully before buying any products that are sold allegedly to benefit charities. Genuine vendors will be able to provide the name and registered number of the charity they represent. Any collector in a public place should have a licence from Leeds City Council. Simon Gillespie, Director of Operations at the Charity Commission,
said:

"There are almost 4000 registered charities carrying out valuable work in West Yorkshire. But the problem of bogus magazine sellers is becoming increasingly common. We urge members of the public to ask questions if they are approached by vendors to make sure their money reaches genuine local charities." Detective Inspector John Birkenshaw, West Yorkshire Police Force Crime Reduction Officer, said:

"People claiming to sell goods to raise money for charity should carry proof of identification and be able to prove that it's a bonafide charity. Anyone doubting the authenticity of such vendors shouldn't part with any cash and they should report their suspicions to the Charity Commission. Criminal deception is a very serious
offence. It's particularly despicable to make false claims for charitable work."

Pippa Coombes, Principal Liaison and Enforcement Officer at Leeds City Council Licensing Department, said: "We welcome the Charity Commission's campaign and we have worked closely with them to crack down on this fraudulent fundraising. Last
year we successfully prosecuted 15 such magazine sellers for illegal street collecting or trading on approximately 30 different occasions. We hope that by sharing information we can make even more progress to get bogus collections off our streets." Top

20 August 2002

British Adults urged to get rid of their gremlins

London -KM News With thousands of young people expected to get good GCSE grades later this week, Education and Skills Secretary Estelle Morris today urged
the 7 million adults who struggle everyday with reading, writing and
maths to pick up the phone and tackle the problem head on.

Her appeal came as new adverts featuring the 'gremlins' hit the
nation's TV screens as part of the 'Get On' campaign to encourage
adults with basic skills needs to do something about it. Over 150,000
people have already passed a test in literacy or numeracy since the
campaign started last August.

Estelle Morris said:

"One in five of the adult population does not have the skills of an
average 11 year old yet they are very good at hiding this from
friends and family. But a lack of basic skills has a major effect on
their quality of life. They can't get a good job, they earn less
money, they are more likely to suffer illness and can't get involved
in everyday activities. Even writing a simple message in a card can
be asking the impossible.

"Many people with poor basic skills will have children, or know young
people who are getting their GCSEs later this week - something they
feel they could never achieve. Tackling the problem of adult basic
skills is a key priority for the Government and we are determined to
help 750,000 adults improve their reading, writing and maths over the
next two years.

"Anyone who is struggling with their literacy and numeracy can get on
the phone and sign up for a free course, available all over the
country. In the last year they've helped thousands of people to
improve their lives dramatically. For some people, signing up for a
basic skills course could be the first stepping stone to getting
their own GCSEs."

The new adverts include a woman working in a warehouse whose literacy
gremlin catches her out when her boss asks her to deal with some
paperwork. Another advert shows a father watching TV at home when his
young daughter asks for help with his maths homework; this time a
numeracy gremlin appears and confronts the father.

The adverts encourage people to 'get rid of their gremlins', and
prompt them to call the free 'Get On' hotline 0800 100 900 for more
information and advice on local basic skills courses.

The 'Get On' promotional campaign is a key part of the Skills for
Life strategy launched in March 2001. The Government's aim is to
raise the skills levels of 750,000 adults by 2004 and of 1.5 million
adults in total by 2007 Top

 

Wednesday 21 August 2002

Tracing Agency Found Guilty of illegally obtaining and
selling personal information
KM News

London Alistair FRASER, trading as Solent Credit Control in Portsmouth,
pleaded guilty today at East Hampshire Magistrates Court to offences
of unlawfully obtaining and selling personal information in breach of
the Data Protection Act 1998. He asked for 66 similar offences to be
taken into consideration.

The prosecution was brought by the Information Commissioner as a
result of the BAIRD Project - a joint investigation initiative
between the Information Commissioner, the Inland Revenue and the
Department for Work and Pensions to clamp down on organisations that
illegally obtain information about people and then sell it on.

The BAIRD Project itself was initiated as a direct result of the
Inland Revenue recognising that it was regularly being targeted by
tracing agencies trying to obtain information. The Revenue and the
Department for Work and Pensions, being well aware of the methods
used by some unscrupulous tracing agencies, have procedures in place
to prevent and detect such attacks upon their information.

In this instance, the personal information had been unlawfully
obtained by FRASER from the Department for Work and Pensions by means
of, what is sometimes known as 'blagging', or making 'pretext
enquiries'.

The Magistrates fined FRASER £1,400 in total and ordered him to pay
£1,000 costs.

Speaking from her Office in Wilmslow, the Information Commissioner,
Elizabeth France, said:

"Some tracing agencies earn their livelihood by operating outside the
law. They deceive organisations into disclosing information which
they know they are not entitled to, and then sell that information on
to their clients. I am prepared to use all the powers available to me
under the Data Protection Act 1998 to challenge and deter such
behaviour.". Under the Data Protection Act 1998, it is an offence for a person,
knowingly or recklessly, without the consent of the data controller,
to obtain personal data. If a person has obtained information in
contravention of the Act, it is an offence to sell or offer to sell
that data. Top

Women are citizens too: shedding light on women's rights in the Arab world

KM News
Wednesday, 21 August 2002: Leading experts and members of civil society organizations from the Arab world met earlier this month in Casablanca, Morocco, to discuss critical impediments to women's citizenship in the region and ways to overcome them. They focused on three areas where women are unable to claim their full rights as citizens: voting and nationality, family laws, and social security legislation and practices.

The UNDP Regional Bureau for Arab States (RBAS) and Maroc2020, a leading Moroccan civil society group, co-sponsored the event. A startling concern raised by participants is that in all Arab countries with the exception of Tunisia, women cannot pass on their nationality to their children, which violates one of the basic rights of citizenship. Children of women married to foreigners are thus denied citizenship, even if they live all their lives in their country of birth.

This creates a generation of children with no sense of belonging who encounter a host of hardships in attempting to gain access to schools, housing and medical facilities, and sometimes face the threat of deportation. In some countries, such as Kuwait and Yemen, the law stipulates that women can get married only with the consent of a male guardian.

In Egypt, almost 60 per cent of women do not have identity cards, which sharply curtails their rights. Without an identity card a woman cannot work in the formal sector, vote, apply for social security benefits nor register a complaint with the police if her husband assaults her. Participants brainstormed on strategies to help women gain full rights as citizens. They cited the importance of using non-governmental organizations as partners to promote policy debates, the vital need for action-based research, and the importance of raising awareness and educating the media. "A common theme is the importance of research for informing policy dialogue and debunking the many myths - including religious myths-that surround many of these issues," pointed out Su'ad Joseph, professor at the University of California Davis. For example, discriminatory nationality laws are based on French and British codes of the 19th Century and not on Islamic Sharia Law as is commonly believed and argued, he noted.

The concept of citizenship is a useful framework for discussing women's issues because "it allows us to raise fundamental questions about the nature of government and politics in Arab world," said Heba El-Kholy, coordinator of the UNDP gender and citizenship initiative. "It enables us to better understand the risks and challenges in addressing gender inequality," added Ms. El-Kholy. "It is not by accident that the most heated debates in the Arab world center on gender and women's integration into public life, and this framework can serve as a very strong base to advocate for action and policy changes."

She pointed out that Arab governments increasingly talk in terms of the mouwaten, or citizen, rather than reayaa, subjects, and civil society groups have been able to use the concept of citizenship successfully to promote women's rights at the national level.
The workshop is part of a UNDP initiative on governance reform in the Arab world. "Mainstreaming gender in all of our activities is one of the most important aspects of our work," said Adel Abdel Latif, regional coordinator of the Governance Programme in Arab States. Also, the UNDP- sponsored Arab Human Development Report, released last month, highlights the lack of women's empowerment, together with political freedom and knowledge, as a major deficiency in the Arab world.

The meeting identified key elements for a regional project on gender and citizenship, focusing on nationality laws and civil registration procedures, that RBAS will carry out in partnership with the International Development Research Centreof Canada and civil society groups from the region. Top

Pakistan media project aims to change attitudes about women

KM News

Tuesday, 20 August 2002: An innovative UNDP initiative has worked for the past five years help the media in Pakistan examine the way women are portrayed and develop more balanced and positive approaches. The project has trained 400 media professionals, helping them develop ways to present women in Pakistan in a new light in programmes aired by the Pakistan Television Corporation and ensure that all the corporation's productions are sensitive to the issue of gender and avoid reinforcing biases against women. The media in Pakistan often portray both women and men in ways that reinforce prejudices, researchers have found. Women are frequently presented as weak, dependent and uninformed, while men are usually portrayed as aggressive, manipulative and insensitive.

The project has established a system to monitor how women are portrayed on television. It commissions TV productions on gender issues, has helped integrated gender issues into television training curricula and has brought together media professionals to examine and address issues concerning gender and media. The initiative is also helping organize regional and international film festivals dealing with gender themes.

"Ingrained attitudes towards women can only be changed by a persistent nationwide effort," said Onder Yucer, UNDP Resident Representative. "The mass media, especially television, is the ideal arena for this because of its obvious influence on people's prejudices and social behavior." A workshop in Lahore earlier this month on gender and creativity for drama production brought together 25 television producers and writers from all over the country. With support from the British Council and the Asia-Pacific Institute for Broadcasting Development, UNDP invited acclaimed screenwriter Haseena Moin to work with participants to prepare a script for a television drama dealing with gender-based violence and victimization of women. Pakistan Television will produce the drama for broadcast.

The project has already led to number of gender-sensitive productions telecast by Pakistan Television. Among them are a daily one-hour special broadcast, Khawateen (Ladies) Time; a long play, Dasht-e-Tanhai Mein (In the deserts of loneliness) telecast on International Women's Day in March; and drama serials entitled Dopatta and Ana.Top

Sharia Stoning Sentence for Nigerian Woman is cruel and inhuman application of Sharia.

KM News

(New York, August 20, 2002) The August 19 ruling by a Nigerian court of
appeal to uphold the verdict of death by stoning of Amina Lawal for
adultery is a cruel and inhuman application of Sharia (Islamic) law,
Human Rights Watch said .

"The legal system is being used to punish adult women for consensual
sex," said LaShawn R. Jefferson, executive director of the Women's
Rights Division of Human Rights Watch. "The death penalty is never an
appropriate punishment for a crime, and, in this instance, the very
nature of the crime is in doubt."

In March 2002, a Sharia court in the state of Katsina in northern
Nigeria had sentenced 30-year old Amina Lawal to death for having
engaged in sex outside marriage. The government used her pregnancy as
evidence of her having committed adultery. Ms. Lawal now has an
eight-month old child.

Over the past year, some northern Nigerian states have increasingly
applied Sharia law to criminal cases, among them theft and adultery.
Consequently, Nigerian Sharia courts have ordered amputations as
punishment for theft and death penalty by stoning for adultery cases. To
date, no stoning sentence has been carried out.

Jefferson urged the Nigerian government to commute the death sentence of
Amina Lawal and drop the criminal charges against her.

Human Rights Watch, which opposes capital punishment in all
circumstances because of its inherent cruelty, also urged Nigeria to end
the death penalty and the prosecution of consensual sex between adults.Top