Monthly Archives: August 2006

Interesting Legal Precedents, Vol. 2

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The San Francisco Chronicle reported this weekend that Muhammad Ismail and his son Jaber Ismail, U.S. citizens, have been barred from re-entering the United States until they answer questions in Pakistan to the satisfaction of the FBI. The two men were pulled aside during a layover in Hong Kong and informed there was “a problem with their passports.” The elder Ismail is a naturalized U.S. citizen; his son, 18, was born in the U.S. Neither one is a dual national.

The two have not been charged with any crime. They are, however, close relatives of another father and son pair, Umer and Hamid Hayat of Lodi, California, who were tried last year on support of terrorism charges. Coincidentally, the elder Hayat, an ice cream vendor, was just released on time served and fined $3,600 for a minor offence.

Back to the Ismails and their unusual treatment as U.S. citizens denied re-entry into their country without any charge or stated cause:

“We haven’t heard about this happening — U.S. citizens being refused the right to return from abroad without any charges or any basis,” said Mass, a lawyer for the American Civil Liberties Union.

McGregor Scott, the U.S. attorney for California’s eastern district, confirmed Friday that the men were on the no-fly list and were being kept out of the country until they agreed to talk to federal authorities.

“They’ve been given the opportunity to meet with the FBI over there and answer a few questions, and they’ve declined to do that,” Scott said.

Mass said Jaber Ismail had answered questions during an FBI interrogation at the U.S. Embassy in Islamabad soon after he was forced back to Pakistan. She said the teenager had run afoul of the FBI when he declined to be interviewed again without a lawyer and refused to take a lie-detector test.

Here again, we’re looking at an apparently unprecedented situation, and one that any U.S. citizen who travels outside the country might have grounds to be worried about:

Michael Barr, director of the aviation safety and security program at USC, said the Ismail case appears to be unusual in the realm of federal terrorism investigations.

“You become what is called a stateless person, and that would be very unprecedented,” Barr said.

Continue reading →

Posted in Law

Interesting Legal Precedents, Vol. 1

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iqbalstatenisland.jpgLast Thursday Javed Iqbal, a Pakistani citizen and longtime resident of Staten Island, New York City (that’s his house in the picture), was arrested under the International Emergency Economic Powers Act after he offered to sell to an informant a satellite TV package that included al-Manar, the Lebanese channel operated by Hezbollah. The government argues that Iqbal’s commercial provision of this service amounts to financing a terrorist organization. However, the act also exempts a broad range of news and publications:

The broadly defined statute, the International Emergency Economic Powers Act, is also used frequently to block the importation of goods and services that would directly support terrorist operations.

The law, which went into effect in 1977, was meant to put legal teeth in international trade embargoes with other nations, but once it was amended by the Patriot Act after 9/11, the government began to use it far more frequently against particular groups and individuals.

The use of the law, however, to focus on television broadcasts seemed to fall under an exemption laid out in a 1988 amendment to the act, several experts said, and it raised concerns among civil libertarians and some constitutional scholars about limiting the free marketplace of ideas.

The exemption covers publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact discs, CD-ROMÂ’s, art works and newswire feeds.

“One person’s news is another’s propaganda,” said Rod Smolla, the dean of the University of Richmond Law School and a First Amendment expert. “It runs counter to all of our First Amendment traditions to ban the free flow of news and information across borders, yet at the same time all nations have historically reserved the right to ban the importation of propaganda from a hostile nation.”

Professor Smolla also said that so far as he knew, this was the first use of the law to block information, as such.

Clearly, a First Amendment versus “War on Terror” showdown looms. Interestingly, Iqbal’s hometown paper, the Staten Island Advance, reports that al-Manar has a readily accessible online presence (although I couldn’t get through when I tried to connect just now):

Even as Iqbal now faces charges of offering access to what has been dubbed terrorism-backed programming, an Al-Manar Web site is available free to the public, with streaming video, news stories and updates on protests and demonstrations.

The site has logged more than 1.1 million hits in the last month and half.

Another interesting note: one of his attorneys says that Iqbal, who supplies a range of satellite TV services, does more than half of his business with Texas-based Christian evangelical channels.

Iqbal is in jail, having been unable to raise the $250,000 bond. [Update: He posted bond today, Tuesday, August 29.] To be continued… Continue reading →

Posted in Law

Are We American?

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I am often surprised at the propensity of hyphenated identity discussions that we have here at Sepia Mutiny. If you read this blog long enough, it often feels like the topics in the comments are repetitive, and in some ways it does feel like beating a dead horse. But on the flip side, the fact that we still have so many people participating in such a heated discussion on race, being South Asian, and manuevering through the complexities of this uniquely diasporic culture simply proves the need to have this safe space online to have these relatively anonymous discussions that we wouldn’t be able to have elsewhere.

In yesterday’s Washington Post, John Thatamanil talked about the juxtaposition of being South Asian American in this country, and the lack of ever fully being American.

The Allen incident offers evidence that America is not now or likely to ever be a color-blind country. How are South Asians to live with this truth? Resignation is not the answer. Vigorous political participation is. My youthful intuition that what makes me as American as any Mayflower descendant is citizenship — not race or ethnicity — was only partly on the mark. The piece of paper that validates our identities as American citizens can do only so much if we do little to struggle for recognition.

There is also a second lesson to be learned from this incident. South Asian political engagement cannot be driven solely by the private interests of a single racial or ethnic group. America’s obsession with color has a long history that South Asians forget at their peril. Indian Americans and other affluent immigrant groups would do well to remember the civil rights struggles of African Americans and others without whom a racially inclusive American nation would have been impossible. The Immigration and Naturalization Act of 1965, which opened the door to people from the Eastern Hemisphere, must be recognized as the fruit of a larger struggle to expand the meaning of the term “American,” a struggle fought on our behalf before our arrival. [link]

The idea of what it means to be an American, through a South Asian lens is something I probably spend way too much time thinking about- if only because I am constantly challenging myself on the importance of voting and what exactly voting means in the scope of creating a South Asian American political voice. Are citizenship and voting merely parts of a false border created to divide our community? Are we aspiring to honorary whiteness as Thatamanil suggests? Is it true that we’ll never truly be American? Continue reading →

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FDA Takes Two Small Steps…

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The FDA has recently approved two drugs that will have a huge impact to the desi woman community; a) earlier this summer, the approval of the cervical cancer vaccine (or known as the HPV vaccine) and b) last week the approval of Plan B, the emergency contraceptive, as an over the counter drug for anyone over the age of 18. I think that both of these are huge landmark moments for the advancement of reproductive justice in our community.

According to a policy brief distributed by the National Asian Pacific Women’s Forum (NAPAWF)…

The vaccine, Gardasil, is 100% effective in preventing the infection of human papillomavirus (HPV) which causes 70% of all cervical cancer cases worldwide. The FDA approved the vaccine for safe use among girls and women ages 9-26. Asian Pacific Islander (API) women will greatly benefit from this new HPV vaccine, given their high rates of cervical cancer, particularly among Vietnamese and Korean women.

In fact, in the U.S. cervical cancer is relatively rare. For many API women, however, lack of health insurance, lack of knowledge about Pap smears and preventive care, and lack of culturally and linguistically appropriate services prevent them from equally accessing the health care system, contributing to their higher rates of cervical cancer.

Although abstinence or faithful lifelong monogamy are the only real full-proof ways to protect against HPV infection, these may not be realistic. Regular Pap smears are perhaps one of the most effective measures to protect oneself against developing cervical cancer. Because HPV is sexually transmitted, experts argue that the vaccine should be administered before adolescents have their first sexual encounter.

To me, it feels like an enormous injustice to know that a disproportionate amount of women in my community will have a higher chance of getting a preventable cancer because of the social stigmas attached to sex in our society, especially as a South Asian American female. When I ecstatically announced the FDAs approval to my mother and declared the need to get all the girls in our extended family here vaccinated, I was met with a, “Isn’t HPV sexually contracted? Why would we need to vaccinate then?” I didn’t really know how to respond to her. Social stigma of sexuality in our community as a form of birth control and cancer prevention will only take us so far.

Continue reading →

The World Wide (and Village Wide) Web

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I can see the Bollywood movie now. It would be like Swades, but instead of SRK bringing electricity into the village it would be installing an internet connection. Instead of an NRI romance, it would be internet love. What exactly am I talking about? Why, you didn’t hear?

An Indian village has uploaded itself onto the Internet, giving the outside world a glimpse of life in rural India.Visitors to Hansdehar village’s Web site (http://www.smartvillages.org/) can see the names, jobs and other details of its 1,753 residents, browse photographs of their shops and read detailed specifications about their drainage and electricity facilities.

Most of the residents can’t yet surf the Hansdehar Web site as the village is not yet connected to the Internet. [link]

It’s cute. These villagers have ideas on how to use the internet- to get better prices for crops by trading online, job hunting, and even, wife searching. The website itself has pictures of the village, tourist attractions, and even a voter list. I think there is great potential with getting Indian villages connected to the web. I really started thinking about this when I bumped into Nipun from Charity Focus, when he was walking across India in an attempt to tie in service with internet in the villages (yes, he blogged his trip). The internet does have it’s advantages in connecting villages with the rest of the world, and I see a lot of potential with this.

But what about the privilege associated with getting accessing an internet connection? Seems like an MIT grad at United Villages is trying to take care of that with the advent of ‘drive-by Wi-Fi.’

United Villages …is working with Indian nongovernmental organization Drishtee to network 50 villages in Orissa’s Cuttack district, where bus-powered Wi-Fi service begins this month… “You have drive-by McDonald’s, and we have drive-by Wi-Fi,” says Mr. Hasson. The buses will use short-range radio to pick up electronic messages three or more times per day from Wi-Fi-enabled computers placed in kiosks. Hubs near bus stations will handle traffic via a connection that can be as slow as dial-up.

UV will sell pre-paid cards, with phone number and email address assigned to them, in different denominations (up to 100 rupees, roughly $2.20).[link]

Interesting- so it seems like even though people with television sets won’t be able to watch Paris Hilton’s too-racy-for-India banned music video, it looks like people in buses with Wi-Fi connections will still be able to download and watch the video. Indian villages online, drive-by wi-fi at bus kiosks, and a banned Hilton video; I can see the Bollywood script now…

Continue reading →

The Misogyny Of Chaos

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While Katrina’s flood thrives in our memories, Debby peters off to the east and TD5/Ernesto enters the Caribbean, New Orleans holds its collective breath. Whether to extract Rubbermaid containers from storage this evening or wait until Tuesday (when many hope that Ernie opts for the Yucatan peninsula)? Uncertainty is the toll of living in New Orleans during hurricane season.

Today’s nola.com confirms the rising cost of living in this city. Surrounded by jacked-up insurance premiums, neighborhoods teetering on the fine line between rebound and abandonment, increasing expenses and a mayor without a plan (or a clue), can the middle class make it during the rebuild? The current answer to this $110-billion-dollar question: We shall see.

Forget stress and money; grey hair is easily painted over and moolah comes and goes. In any disaster, whether natural or humanmade, one that occurs overnight or lumbers along over the course of years, the real price of living is borne by its least-enfranchised. At times of chaos, strife, poverty and socio-economic/political instability, women and children need additional protection. The ACLU investigates violations in New Orleans prisons after Katrina and Spike Lee talks of the overall suffering here; who speaks for the women? As pertains to Iraq, Afghanistan and Darfur, concerns about US military misconduct, extremist violence or the semantics of civil war abound, but why is more light not shed on the real victims – mothers whose rights are decreased or taken away, sisters who are brutalized and raped, daughters who are dehumanized? Continue reading →

Mo’ Macacas + Mo’ Planes = Mo’ Problems

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A few days ago we received numerous requests on the tip line that we cover the story of the Northwest Airlines plane that returned to Amsterdam airport soon after taking off for Mumbai. If none of us posted on it at that moment, it’s probably because we were waiting to see what came of the incident. Not surprisingly, we now learn that it was a false alarm:

The Dutch ambassador to India has expressed regret for the arrest of 12 passengers whose India-bound plane was diverted to Amsterdam after their behavior triggered fears of a hijacking, a government minister said on Friday.

The 12 men, all Muslims, were, however, cleared of any wrongdoing and released and their families said they were victims of racial discrimination.

The case of the 27-year-old Canadian radiology resident thrown off a United Airlines flight was also a false alarm:

A Winnipeg doctor is demanding an official apology and compensation from United Airlines after being kicked off a flight in the U.S. this week, an incident he has characterized as “institutionalized discrimination.” Dr. Ahmed Farooq, a Muslim, was escorted off an airplane in Denver on Tuesday. According to Farooq, reciting his evening prayers was interpreted by one passenger as an activity that was suspicious.

The Washington Post has a good round-up article of these and similar events today. In it I learned of this excellent new acronym (perhaps not so new to those of you in the UK): TWA. Most appropriately, the initials of a late lamented airline now stand for “Traveling While Asian” — a little like Driving While Black (DWB) only with higher stakes and more exotic rewards.

Now I know some commenters will point out that so long as groups of young Middle Eastern men have the market on airborne mass murder cornered, there is some rationale behind profiling; but perhaps we can all agree that botched, panic-driven and vigilante-led profiling is, like, a general bummer. Exhibit A:

Farooq said the allegation came from a passenger who appeared drunk and had previously threatened him during the trip. …

Farooq said that even officials from the Transportation Security Administration soon realized the flight crew had overreacted, but by the time that conclusion had been reached the trio were forced to stay in Denver for the night and catch a flight the next day — at their own expense.

The gentlemen on the Amsterdam-Mumbai flight were deemed suspicious because they were fiddling with mobile phones and chatting loudly around the time of take-off. Uh, excuse me? Anyone here ever traveled in the Third World? People being loud and fiddling with cellphones is suspicious? More to the point, what about travel in the civilized West? Every khaki-clad, buttoned-down, yellow-tied Joe from sales and Tim from marketing (not to mention Ashok from strategic planning) is futzing with his phone until the moment wheels leave the ground and again from the instant they touch down.

Now comes the news that the Monarch Airlines Costa del Sol fiasco may — just may — have been… a prank. (Thanks Jai for the tip.) IF — and it’s still a big if, so let’s not jump to conclusions here — IF Messrs. Ashraf and Zeb were trying to prove a point, it’s not clear they have been helpful to their cause. It’s one thing to stage a guerrilla theater event to reveal a little-discussed injustice, but it’s another when every few days a dead-serious case like the ones mentioned above comes to light.

In the meantime, my macacas and macacis, stay away from aviation if you possibly can. Personally, I’ve stopped traveling to any place I can’t get to by the Chinatown bus. Continue reading →

Let’s Have a (Race) War!

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Let’s see what’s on TV this fall…Looks like Kal Penn is joining the cast this fall on “24.” Bet he’s going to play the typecast terrorist. Oh, my bad…

“Penn will play a man associated with the leader of an Islamic group that may or may not be plotting a terrorist attack.”[link]

…and who’s that in the America’s Next Top Model promo? Looks desi- Neha did say there would be one this season. Also on the reality TV show front, we have married couple Vipul and Arti hailing from the nation’s angriest city, Orlando, FL. Aren’t they a cute couple? Looks like they’ll be competing on Amazing Race, season 10.

Speaking of race…where my desis at on this reality show this fall?

“…the 20 castaways for Survivor: Cook Islands will be grouped by race, with competitors divided into four tribes consisting of whites, blacks, Asians and Hispanics.

“The idea for this actually came from the criticism that Survivor was not ethnically diverse enough, because for whatever reason, we always have a low number of minority applicants apply for the show,” Probst said. [link]

‘There are going to be people looking for stereotypes: Will this tribe be smarter than this tribe, or will this tribe be faster than this tribe?’ says Probst. ‘That’s why I think it’s fun. But five people on a tribe do not represent an entire ethnic group.’ [link]

Would it be a racist move to start placing bets on what team we think is going to win? Kidding. Kind of…

Bodog.com has made the Whites a favorite to win at odds of 7 to 3 (or $7 paid out for every $3 bet). The Asian tribe gets a price of $13 for every $7 bet. “It seems that stereotypes are already coming into play with Bodog.com assuming that because Asians are often classified by the gambling establishment as big gamblers they get the highest priced odds,” comments Payton O’Brien, columnist for Gambling911.com. [link]

But where is my Macaca team in this mix? I looked through the cast and was hopeful with the name ‘Parvati Shallow,’ but homegirl is on the white team (And it doesn’t look like in a Thind Supreme Court kind of way). And the Asian team has no South Asians in it. I say we create a Macaca Mutiny reality team to ambush the survivors on Cook Islands and show them all who the real survivors are. Who’s with me?

Continue reading →

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“Macaca” Not Going Away [Updated: Now With Three Cute Lil’ Macacas]

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macacagate.jpgIt looked like it was dying down but it turns out the “Macaca” story lives on, thanks to the two-faced message coming out of Senator George Allen’s camp. Apparently the incident has severely harmed him in the polls, so he’s finally apologized to S.R. Sidarth, the Webb campaign worker whom he twice called “macaca” and asked an all-white audience to “welcome to America.” Allen actually got on the phone:

“He apologized for his comments,” said Mr. Sidarth, who is an American of Indian descent, in a telephone interview from the University of Virginia, where he has resumed his classes. “He took the blame for saying them, and he said he didn’t realize how offended I was until he heard my comments from the media.”

End of story, right? Politician says something stupid, pays price in the polls, apologizes, hopefully learns lesson. Except for one thing. At the same time that Allen is apologizing, his staff is telling Republicans worried that he’s going soft on them that the whole incident was what the papers call “a barnyard epithet” (that’s newscode for “bullshit”) and that it’s Allen who is actually the aggrieved party. [Update: Here’s the campaign manager’s memo.] Here’s today’s editorial in the Washington Post:

[Allen campaign manager] Mr. Wadhams, an itinerant political hit man known for his nasty attacks on opponents, told Republican leaders in a memo sent over the weekend that the Webb campaign and the media had ganged up “to create national news over something that did not warrant coverage in the first place.”

He continued: “Never in modern times has a statewide office holder and candidate been so vilified.” In other words, Mr. Allen is the victim — not the 20-year-old student whom he mocked with an insulting, possibly racist slur in front of scores of chortling supporters and demeaned by saying, “Welcome to America and the real world of Virginia!”

Unlike Mr. Allen, whose contrition has become increasingly abject over time, Mr. Wadhams has been consistent. His first pronouncement to journalists, a week and a half ago, was to refer to the “macaca” story with a barnyard epithet and insist that the senator had nothing to apologize for. He has stuck with that assessment.

With Mr. Allen plummeting in the polls and his reelection prospects now in doubt, he and Mr. Wadhams are in damage-control mode. They have dropped their far-fetched insistence that the word “macaca” referred to Mr. Sidarth’s hairstyle. But they ought to get their stories straight. Is the Allen campaign really sorry? Or are the senator’s adversaries just making a mountain out of “macaca”?

We report, you decide. Continue reading →

Zoe Rahman, Jazz Pianist

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zoe rahman.jpg Jazz pianist Zoe Rahman has been nominated for the Mercury Prize, Britain’s top music award (thanks, Red Snapper). She’s competing with rock bands like The Arctic Monkeys, Thom Yorke (of Radiohead), and Guillemots. All of them are critical darlings, so she might be a long-shot to win the prize.

Her father is Bangladeshi and her mother is British:

With a Bengali dad and a mum from Yorkshire, born in Sydney and raised in Chichester, Rahman has always felt an outsider. “I don’t know many Bengali musicians, but it’s obviously a big part of who I am. The only person I knew who spoke Bengali was my dad, and he never spoke it to us.” She’s been trying to learn Bengali in time for a trip to Bangladesh next week – partly a voyage of discovery into Bengali music and partly an excuse to party with 300 or so relatives. “I’m still on chapter seven of Teach Yourself Bengali at the moment. I’ve got a long way to go …” (link)

Ah well, one does the best one can. There are some Bengali touches in her music — check out the clarinet by Idris Rahman (Zoe’s brother) on “Muchhe Jaoa Dinguli,” which is track 6/9 at her website. But for the most part, her piano-playing is contemporary and quite fluid — think Keith Jarrett (Siddhartha could probably name some jazz pianists who might be an even closer match).

Zoe Rahman’s music doesn’t appear to be available via Itunes or Rhapsody yet, though I wouldn’t be surprised if she were added sometime soon. Meanwhile, online retailers like Amazon.co.uk are selling her recent CD, Melting Pot.

Asian Underground computer whiz Talvin Singh won the prize in 1999 for his CD Ok (Black Star Liner was nominated the same year). Apache Indian was also nominated for the prize in 1993 (for No Reservations). As the Wikipedia article indicates, the prize is somewhat controversial in the UK, mainly because the choice of winners seems pretty idiosyncratic. As with many artistic awards (literary, musical, and filmic), the true value is in the shortlist, not the actual winner. Continue reading →