Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

10 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 14 of 2009
Useful Links
and Items of Interest  
 

Europe

Banks warned not to water down regulations - 3 July
German Chancellor Angela Merkel warned on Friday that governments would fight off any attempt by banks to water down tough reforms of financial regulations. "There is perhaps a certain danger that banks which are doing quite well again might try to not exactly support the regulation efforts, but to put them in doubt again," Merkel told the Wall Street Journal Europe in an interview. - Business Report website

Free movement and residence rights of EU citizens and their families : Commission issues guidance - 3 uly
The Commission adopted today guidelines for better transposition and application of Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely. The guidelines clarify the rights of EU citizens and their family members and offer assistance to Member States on the measures they can take to tackle criminality, abuse and marriages of convenience. - eGov Monitor website

Freedom of Religion

The state of the state - 25 June
This was to be the moment that Nicolas Sarkozy relaunched his reforms for the second half of his five-year term. On June 22nd, in a ceremony with all the gravitas of an American president's state-of-the-union address, he spoke to a joint sitting of the National Assembly and the Senate in Versailles - the first French president to do this since 1873. Yet, aside from strong words against the burqa Mr Sarkozy's speech, like his ministerial reshuffle a day later, left unanswered questions. - Economist website

Once again talk of veils inflames French passions - 25 June
Three days after President Barack Obama told a press conference in France, "in the United States, our basic attitude is that we're not going to tell people what to wear", French deputies requested a parliamentary commission on the burka and niqab, Islamic veils that cover the entire body. In 2004 France banned Muslim headscarves in schools and public buildings. Thirty-two members of the National Assembly have been entrusted with a six-month mission to uncover the truth about the Voile Integral, as the burka and niqab are known. They may well recommend a legal ban. Draft law No 1121, presented by right-wing deputy Jacques Myard, has been around since September, but has not yet come to a vote in the National Assembly. Myard cites as legal precedent the June 2008 decision by the Council of State to refuse French nationality to a Moroccan woman married to a Frenchman, and who is also the mother of French children, because she wears the niqab. Her "radical practice of her religion incompatible with the essential values of the French community, and notably with the principle of the equality of the sexes", the council ruled. The woman is appealing to the European Court of Human Rights. - Irish Times website

France to study extent of burka-wearing - 26 June
Following French President Nicolas Sarkozy's parliamentary speech in which he strongly criticised the Muslim burka, a commission is being launched to study how many women in the country wear the garment. 32 lawmakers are being given the task of looking into the matter of how widely burkas are worn in France, and to think of ways that could be introduced to cut down on the practice of Muslim women wearing burkas. France has the largest population of Muslims in all of Western Europe with around five million living in the country. - Enjoy France website

Sarkozy's unveiled intolerance - 27 June
French President Nicolas Sarkozy stirred up a hornet's nest Monday when he said the wearing of a burqa or nikab, the full-length robes and face-covers adopted by some Muslim women, "is not welcome on the territory of the French Republic". Sarkozy justified his stance, saying : "the problem of the burqa is not a religious problem. It is a problem of freedom and of the dignity of woman. It's a sign of servitude, it's a sign of subjection". Sarkozy is hardly alone among European leaders in his unease with the veiling of women. - Boston Globe website

West must respect the Muslim veil - 27 June
Speaking in Cairo, US President Barack Obama recently criticized a French law that prohibits Muslim girls and women from wearing body and face-covering garments in public schools. "It is important for Western countries to avoid impeding Muslim citizens from practicing religion as they see fit, for instance, by dictating what clothes a Muslim woman should wear", Obama said. However, this week French President Nicolas Sarkozy supported attempts to bar Muslim women from wearing body-cloaking robes such as the burqa. - Tehran Times website

Al Qaeda vows 'dreadful revenge' on France over plans to ban the burkha - 2 July
Al Qaeda terrorists have vowed to 'wreak dreadful revenge' on France over its plans to ban the burkha. leaders of Al Qaeda's North African network have called on French Muslims to react 'with the utmost hostility'. One Islamic extremist website carried the message: 'We will seek dreadful revenge on France by all means at our disposal, for the honour of our daughters and sisters. - Mail Online website

My burqa is none of your business - 2 July
"The burqa is not welcome in France", President Nicolas Sarkozy solemnly pronounced in his state of the union message last month. In this he went legally, philosophically and morally astray, although his politics may be sound. An educated guess is that there are no more than a few thousand women in France who wear the burqa or niqab, a loose gown running from head to foot that covers the face with either an opening for the eyes or a veil to hide the face. One can go for months in France without seeing a woman in a burqa. - New York Times website

French fools - 6 July
If one compares the past to the modern day then it becomes apparent that the French still harbor this colonialist mentality believing they are superior to Muslims and their way of life. Such arrogance was openly displayed in the recent comments made by French President Nicolas Sarkozy when he referred to the wearing of the Niqaab (veil) as "a sign of subjugation, of degradation of women". Already at least one woman has been refused citizenship due to her wearing of the veil with the court ruling that it demonstrated a rejection of French values, such treatment is no different to the France of the colonialist era. These comments bring to surface the deep rooted hatred that exists for Islam and the desire to see it uprooted. It not only displays complete ignorance but also an arrogance and non-tolerance towards Muslims who choose to practice and live by Islam. Sarkozy may be content with being wed to a prostitute who flaunts her body to the world believing it to be righteous conduct, but he needs to be reminded that a Muslim is not this shallow and depraved. - Islam for the UK website

Lifting the veil from the burqa - 6 July
Local Muslim women say they are "disappointed" by French president Nicholas Sarkozy's recent call for the banning in his country of the burqa, which he said undermines the dignity of women, cuts them off from all social life and deprives them of identity. "We live a full life", said a 45-year-old Pietermaritzburg Muslim woman who made a decision about five years ago to add the face veil or niqab to her black burqa. "We are not stifled or oppressed by the burqa". - Witness website

See also :

Africa. Egypt mourns 'headscarf martyr'

Middle East. Burqa losing popularity among young Afghan women

Germany

Demjanjuk cleared to stand trial - 3 July
The alleged Nazi war criminal, John Demjanjuk, has been declared fit enough to stand trial in Germany. The announcement followed a medical check. Earlier he had been transferred from a Munich prison to hospital after developing gout, a joint disease. The 89-year-old was deported from the United States to Germany in May after a long extradition battle. - BBC News website

Greece

Greece fined over airline subsidy - 7 July
Europe's highest court, the European Court of Justice, has fined Greece 2m euros ($2.8m; £1.7m) for failing to recover state aid from Olympic Airways. The case dates back to 2002 and relates to 41m euros of state aid which was given to the airline as part of an unsuccessful restructuring. Since the case began the carrier has been renamed Olympic Airlines. Athens has one month to comply or it will face additional fines of 16 000 euros a day until it pays up. - BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society