EXPLAINER - Why does OPEC oppose the idea of a fossil fuel phase-out at COP28?

December 12, 2023 

OPEC building [Zamoto Media/Facebook]

by Reuters

Oil producer group OPEC has called on its members and allies to resist any attempts by the COP28 climate summit negotiations to target fossil fuels in its final agreement.

The language used in a final deal to describe the future of fossil fuels has become the most contentious issue at the UN summit, hosted this year by the United Arab Emirates.
Why does it matter for OPEC?

Members of the Organisation of the Petroleum Exporting Countries together control nearly 80 per cent of the world’s proven oil reserves and about a third of global daily oil production.

OPEC+, which includes allies such as Russia and Kazakhstan, controls an even bigger share of global crude reserves and production at about 90 per cent and 40 per cent, respectively.

The members rely heavily on oil and gas revenues as their main source of income.

Oil revenues averaged 75 per cent of total budget revenues of OPEC’s leader Saudi Arabia since 2010 and represent around 40-45 per cent of its GDP.

READ: As fossil fuel rift delays COP28, Arab energy leaders say oil here to stay

For other OPEC+ members, the share of oil and gas in the GDP varies between 16 per cent and 50 per cent. OPEC’s net oil export revenue stood at $888 billion in 2022, a 43 per cent rise vs. 2021.

Hence, any language that calls for the phasing out of fossil fuels threatens the model on which these oil- and gas-producing countries’ economies are built.
Where does OPEC stand on energy transition debate?

OPEC’s Secretary-General, Haitham Al Ghais, said in a letter dated 6 December to OPEC members and allies at COP28 that the world should target emissions rather than fossil fuels themselves.

On Friday, he said developing countries should be allowed to exploit their fossil fuel reserves.

“Energy transitions must be just, fair and inclusive,” he said.

OPEC believes oil demand will grow to 116 million barrels per day (bpd) by 2045 from 102 million bpd today. By contrast, the International Energy Agency, which represents industrialised energy consumers, sees oil demand declining to 93 million bpd by 2030 and 55 million bpd 2050.

The huge difference between the two forecasts shows an enormous gap in opinions about the required investment in fossil fuels needed to meet future energy demands.

Declining demand would reduce future income for oil producing countries. Eventually, this would impact their budgets and credit-worthiness.

OPEC warns that an enormous investment is needed to meet present and future oil and gas demand, and that sending policy signals that discourage investment in fossil fuels could lead to shortages and an increase in energy prices that would hit poor, energy import-dependent nations the hardest.

The UAE, the second Arab country to host the climate summit after Egypt in 2022 and an OPEC member, has said that a phase down in fossil fuels is inevitable and essential, but should be part of a comprehensive, thought-out energy transition plan that accounts for the circumstances of each country and region.
What else is at stake for OPEC+?

Some OPEC+ members, like the UAE, have made progress in diversifying away from oil by growing tourism and financial services. But the UAE would still lose half its budget income without oil.

For these countries, a fossil fuel phase-out would also pose a risk for the value of their oil reserves.

A rapid decline in demand could lead to the largest oil and gas reserves being rendered “stranded assets”.

The IEA has been predicting that the number of stranded oil and gas assets will rise renewable energy alternatives to become cheaper.

Major OPEC producers, such as Saudi Arabia, have the most competitive energy industries, thanks for cheap costs of oil extraction, and so are further than others from seeing their assets become stranded.

However, smaller OPEC+ members such as Nigeria, Algeria, Angola and Libya have lower quality reserves. They also rely heavily on Western energy majors to produce their oil, making those countries indirectly dependent to the willingness of major global banks to fund new fossil fuel projects.

“The future role of oil and gas in the energy mix has not yet been resolved, with the phase-out/phase-down debate proving to be one of the most controversial of the global convening,” RBC Capital Markets analyst, Helima Croft, said.

READ: New COP28 draft deal stops short of fossil fuel ‘phase out’

OPINION

The Saudi-UN road map that will lead Yemenis to hell

December 12, 2023 

Yemen’s Houthi movement supporters carrying rifles chant slogans as they participate in a tribal gathering held in Sana’a, Yemen on November 23, 2023

 [Mohammed Hamoud/Getty Images]

by Yaseen Tamimi


There are no obstacles today facing the Yemeni parties that prevent them from signing the Saudi-UN road map with humanitarian, political and security paths. The Houthis have acknowledged this, and they are the party that placed most of these obstacles, after the kingdom committed to meeting their demands, most notably paying their salaries and giving them complete freedom to fully manage ports and airports, and to act as an equal partner within a geography that has recently been linked to an escalation described as the most dangerous regarding international shipping traffic in the southern Red Sea.

There has been no fundamental change in the priorities of the Houthi group, which are “ending the aggression and siege, paying salaries to all Yemeni employees, releasing all prisoners and detainees, the removal of foreign forces from Yemen, reconstruction, and preparing for political dialogue.” You will notice that the political dialogue will not take place until the Houthis obtain all the capabilities that establish their authority. It is difficult to make real concessions in subsequent political dialogues to the other party, represented by the legitimate authority, which is practically fragmented into parties and projects, the most dangerous of which is the secession project.

Saudi Arabia’s generosity included a commitment to pay the salaries of the civil, military and security agencies operating under the authority of the Houthi group, for a period of no less than six months. This will definitely bring the kingdom closer to its strategic goal, which is to escape the consequences of leading the military intervention and moving towards playing the role of mediator in an unstable Yemeni scene, an unresolved conflict, and a horizon that promises something more dangerous and the worst.

Saudi Arabia was forced to provide direct financial support to the Houthis amid unconfirmed information that it paid $750 million to the Houthis before they signed the road map. Meanwhile, the treasury of the legitimate authority remains empty due to the cessation of oil exports after the ports were subjected to strikes said to have been carried out by Houthi drones. Information from government officials suggests that stopping oil exports is part of a plan to disrupt the government’s logistical and financing capabilities by the UAE and perhaps Saudi Arabia as well, which means that the strike was carried out by planes belonging to one of these two countries.

READ: Saudi Arabia welcomes positive results of talks to support peace process in Yemen

According to the content of the road map revealed so far, the legitimate authority will be able to re-export oil to fulfil its obligations in the form of the salaries of employees in its government, military and security agencies. This is despite the difficulties stopping the re-exporting process to reach its previous levels, which was more than 130,000 barrels per day.

The pragmatic shift in the Saudi approach to the Yemeni war was certainly achieved at the expense of the deadly marginalisation of the legitimate authority, its agencies and its influence, and through the deliberate dismantling of its authority into islands of conflicting wills and projects. It was also achieved through a series of concessions made by Saudi Arabia on behalf of the Yemeni people and the usurped legitimate authority that represents them. These concessions began with settling disputes with the Houthis, and before them, with Iran, which succeeded in pushing Riyadh towards this path, following its dangerous military intervention in the course of the Yemeni war on behalf of the Houthis. This is in addition to the Americans’ withdrawal from the confrontation with Tehran, which is imposed by the commitment to the strategic partnership between Washington and Riyadh, extending over several decades.

There appears to be no intention to settle the differences and overcome the complex crises that dominate the legitimacy camp, before signing the road map, and ensuring the implementation of the map in a way that guarantees moving towards peace and returning the initiative to the Yemeni people, as well as forcing the armed groups to make concessions in favour of the state institutions that will be established after signing the agreement.

The Houthi group may have had the opportunity to view the road map, discuss it, and make observations on it, until it was approved by the head of their negotiating team, Mohammed Abdul Salam, during his meeting with the UN Special Envoy to Yemen, Hans Grundberg, last Friday in Muscat. Following that, Abdul Salam announced that “progress has been made in the road map.” However, the legitimate authority and its president were briefed on the road map verbally during their meeting with Saudi Defence Minister Prince Khalid Bin Salman.

Saudi Arabia has bound its allies in the legitimacy camp to three agreements to ensure that this camp behaves with the required discipline before, during and perhaps after signing the road map with the Houthis. These agreements include: an agreement of principles that provides guarantees regarding an appropriate solution to the southern issue, and I do not know how this solution will be available with the Houthis who have the upper hand. There is a ‘code of honour’ agreement, and another for deterrence. The latter may relate to the mechanism of joint deterrence of the Houthis in the event that the road map does not go as planned.

The Yemenis are a few steps away from a hell without a horizon, to which they are being pushed through an international road map. What is most interesting about it is that the signatories to it are a legitimate authority imposed by the royal will during the era of Saudi guardianship over the Yemeni people, a coup group that thwarted the process of change proposed by the people at a crucial moment in its contemporary history, and authoritarian and separatist armed groups produced by the coalition on the sidelines of the war, which have become a burden on its present and future and a historical blemish that will continue to be an embarrassment for the Yemenis.

WATCH: Houthi Leader responds to possible threat of escalation against Yemen

Everything indicates that Saudi Arabia is seeking, by any and all means, to escape from the direct consequences of the war, to get rid of its burdens, and to establish its traditional influence in Yemen, which it will certainly exercise from now on warring parties, scorched lands and a fragmented geography. Therefore, the road map has come to meet the needs of Saudi Arabia and the worst Yemeni parties, making the UN envoy, Hans Grundberg, appear as just a glove that perpetuates the failure of the four UN envoys to reach a just end to the war that has depleted the Yemenis, their blood and their national unity, destroyed their economy, fragmented them, and left them with poverty, weakness and humiliation.

This article first appeared in Arabic in Arabi21 on 10 December 2023

OPINION
The shameful imbalance in US-Israel relations

December 12, 2023 

Israeli planes and one or more torpedo boats mistakenly attacked this US Navy research ship, the USS Liberty on August 6, 1967 [File photo/Gettyimages]

by Osama Abu Irshaid


On 8 June, 1967, during the Israeli aggression against Egypt, Syria and Jordan, the US military spy ship USS Liberty was attacked in international waters off the Egyptian Sinai Peninsula by several jet fighters and three gunboats. This resulted in the deaths of 34 and the injuries of 171 crew members aboard the ship, which was severely damaged. It wasn’t long before it became clear that Israel was the one that had launched the attack, while it claimed that it had mistaken it for an Egyptian warship.

Although US investigations proved beyond reasonable doubt based on the interception of Israeli communications on the day of the attack that at least someone in the Israeli government knew the true identity of the ship, according to US government documents declassified years ago, President Lyndon Johnson administration chose to close the file, on the grounds that the attack was: “An innocent mistake, caused by incorrect target identification and faulty data analysis, due to the ambiguities end pressures of the situation in which Israel was involved.”

This incident is the tip of the iceberg in the process of repeated US complicity and weakness when it comes to the Jewish state, even if the cost is the lives of US soldiers and not just US citizens, as in the cases of Rachel Corrie, Omar Asaad and Shireen Abu Akleh. Moreover, at the time, according to the same documents, the Zionist lobby was blackmailing Johnson and even threatened him following a statement by the official US State Department spokesperson on 5 June, 1967, that the US position was “neutral in thought, word and deed” in the 1967 war. The lobby threatened that the Jewish demonstrations planned at that time in support of Israel in front of the White House on 8 June would turn into a protest against Johnson. The irony is that Johnson and members of his administration rushed to appease the Zionist lobby and the American Jews who supported Israel on the day the US was declaring mourning for its dead and wounded American soldiers who were deliberately killed by Israel on board the USS Liberty ship.

READ: Obama was ‘shocked’; by Israel colonisation of West Bank

Another example of the US’ humiliating withdrawal dates back to July 2009. At that time, President Barack Obama had only been in office for seven months, and it was clear that the relationship between him and Israeli Prime Minister Benjamin Netanyahu had become strained, given their different approaches to the settlement process with the Palestinians, which Obama supported, and Netanyahu opposed. In an effort to avoid any disagreements between Washington and Tel Aviv, leaders of American Jewish Zionist organisations requested a meeting with Obama, which took place at the White House. During the meeting, one of the attendees told Obama: “If you want Israel to take risks, then its leaders must know that the United States is right next to them.” Obama’s response was: “Look at the past eight years. During those eight years, there was no space between us and Israel, and what did we get from that? When there is no daylight, Israel just sits on the sidelines, and that erodes our credibility with the Arab states.” Once Obama’s statement was leaked, a storm erupted against him in Washington. Members of his administration made statements, one after another, “clarifying” what the president meant and confirming that there was no space in the position between the two countries. The rest of the story is well known, as Netanyahu did everything he could to insult Obama, even though it was Obama who raised the volume of annual US military aid to Israel from $3.1 billion to $3.8 billion. But that did not spare him.

We know that since its establishment as a state, Israel has relied primarily on US support. It could not have continued without its American supporter and cannot survive without the American antidote. It is enough to refer in this regard to the absolute and unlimited US support that restored Israel’s balance after the sudden Al-Aqsa Flood operation on 7 October. Had the US not sent military reinforcements to the region to prevent the conflict from expanding regionally, Israel would now be facing challenges of another kind: greater and more dangerous, if not existential. If it weren’t for the military air and sea bridges launched by Washington, Israel would have run out of the fatal ammunition it uses to commit atrocities in the Gaza Strip. If it weren’t for US immunity in the Security Council, Israel would have found itself before international war crimes courts. However, complicit Washington has not allowed any of this, although Tel Aviv doesn’t miss an opportunity to insult it and its president, which it has done for 75 years. It is a decades-old dysfunctional relationship that has allowed a needy agent to bully its handler and benefactor.

Today, President Joe Biden’s administration is trying in vain to convince Israel to reduce the huge number of Palestinian civilian victims of its aggression in the Gaza Strip by curbing its indiscriminate bombing. The US is urging Israel to avoid causing massive destruction in the south of the Gaza Strip, as it did in the north. It is appealing to it to allow more humanitarian aid to enter Gaza and begs for Israel to agree to “temporary humanitarian truces”. The US administration justifies its demands by saying it strengthens its ability to defend Israel before the international community, which has started to run out of patience with Israel’s horrific brutality and no longer hides its dissatisfaction with Washington’s positions. However, Tel Aviv continues to turn a deaf ear. In fact, Israel is right not to care about what the US wants from it because it knows that it has no choice but to stand with it. For example, while Washington places these demands before the Israeli government and, from time to time, raises its tone and alludes to “red lines” that Israel should not cross in its aggression, we find Washington continuing to provide unlimited military and diplomatic support. Therefore, how is it possible for the Biden administration to demand that the Netanyahu government reduce losses among Palestinian civilians and avoid destroying the southern part of the Gaza Strip, while at the same time seeking to give Israel $14 billion, mostly in military aid? This does not include the fact that Washington supplies Israel with the deadliest weapons, missiles, destructive missiles and large bombs in order to continue its aggression.

READ: Biden administration approves $106.5m arms sale to Israel

The explanation for this is simple and has three aspects. The first is that the US has been a partner in Israel’s crimes since its inception and is not merely complicit in them. Second, the US internal political disputes and blackmail by the Democratic and Republican parties against one another, as well as the Zionist lobby, often enable Israel to rebel against the US and even harm its major interests. Third, there are US politicians who have a true personal sentiment for Israel, including Biden himself. All of this does not mean that the US is unable to control Israel and curb its aggression if it desires, but that it requires the state institutions to agree on a vital American interest, as well as the administration having a solid political will. However, by the time this is achieved, it will have wreaked havoc on Earth.

This article first appeared in Arabic in Al-Arabi Al-Jadeed on 8 December 2023

Google’s Epic legal defeat threatens $200 billion app store industry


Mark Gurman and Davey Alba
Mon, December 11, 2023 

(Bloomberg) — Google’s legal defeat at the hands of Fortnite maker Epic Games Inc. threatens to roil an app store duopoly with Apple Inc. that generates close to $200 billion a year and dictates how billions of consumers use mobile devices.

The loss — handed down by a San Francisco jury on Monday — is a blow to the two companies’ business model in apps, where they charge commissions of as much as 30% to software developers who typically have few other options.

Epic has spent years railing against the practice and got a federal jury to agree that Alphabet Inc.’s Google unit had acted unfairly as a monopoly. The case is likely to accelerate the weakening of app store rules, which have already come under fire from regulators and lawmakers around the world.

“The dominoes are going to start falling here,” Tim Sweeney, chief executive officer of Epic, said in an interview after the verdict. “The end of 30% is in sight.”

Though Apple won a similar case against Epic in 2021, that ruling was made by a single judge. The nature of the Google suit — where a jury sided unanimously with Epic — let actual consumers weigh in on the world of smartphone apps. In under four hours of deliberations, they found that Google had engaged in anticompetitive conduct, harmed Epic and illegally forced its own billing system on developers.

The battle began in 2020, when Fortnite was kicked off the Apple and Google Play app stores because the game developer had secretly installed its own payment system. The idea was to bypass the up-to-30% revenue share that the two tech giants take from in-app purchases and subscriptions on their platforms. In response, Epic sued both companies.

The popular video game "Fortnite" by Epic Games pictured on a screen. REUTERS/Brendan McDermid/Illustration (Brendan McDermid / reuters)

Google also has drawn criticism for making side deals with big developers like Spotify Technology SA where it offers lower commissions. In Monday’s decision, the jury found that Google shouldn’t require Android app developers to use its billing system for software sold through its store — and that it shouldn’t offer custom agreements to certain developers.

“The immediate aftereffect is we will see a shift in the marketplace where big tech companies will have to make accommodations — whether it is more access, better terms, more options for developers — to stave off legal exposure,” said Paul Swanson, a partner at Holland & Hart who specializes in technology and antitrust law.

Read More: Google Loses Antitrust Fight With Fortnite Maker Over App Store

The case also underscores a sentiment among many consumers that major technology companies have gained too much power. Google also faced scrutiny from a Justice Department judge this fall over its power in search, though the outcome of that trial won’t be clear for months.

Epic’s Sweeney predicted that — as Google starts making changes to its operations and public pressure mounts — its app store peer will be forced to act as well. “The same thing will start happening with Apple,” he said.

And that will ultimately help consumers, Sweeney said. “The economics is real,” he said. “When you remove a 30% tax from an ecosystem, consumer prices will get better. Or quality will get better and selection will increase.”

Tim Sweeney, chief executive officer of Epic

During the case, Epic highlighted agreements Google reached with top game developers, including Activision Blizzard Inc. and Nintendo Co., for smaller fees. Every developer should now demand one of those deals, Sweeney said.

There’s a fortune at stake for both Apple and Google. In-app spending is forecast to reach $182 billion next year and $207 billion in 2025, according to research firm Sensor Tower.

Already, the Digital Markets Act in the European Union will spur changes. For the first time, Apple will need to allow third-party app stores and billing systems in the region.

Even before that law takes effect next year, the two companies have been making adjustments. Apple now lets so-called reader apps — such as software for cloud storage, watching video and reading books — link to outside websites to let users pay. That bypasses Apple’s revenue cut.

Both Apple and Google also have changed their policies to take a commission on subscription apps. And Apple has been forced to let dating apps in the Netherlands bypass its billing system.

But the Epic win against Google has the potential to bring major changes to the companies’ home country. That includes shifting internet software back to a more open environment, rather than the app stores’ closed ecosystems, according to Stanford Law professor Mark Lemley.

“The last two decades have seen a profound shift away from the open internet towards walled gardens,” Lemley said. “That is one of the things that has kept the internet market so concentrated. This verdict just knocked a big hole in the garden wall.”

Though Apple won nine out of 10 counts against Epic when that decision was made in 2021, one issue is still up in the air: whether Apple should let all third-party developers point customers to websites to pay for purchases, bypassing Apple’s fees. It may now be harder for the iPhone maker to avoid that fate.

Google, which plans to appeal its verdict, said it “will continue to defend the Android business model and remain deeply committed to our users, partners and the broader Android ecosystem.” Apple didn’t respond to a request for comment.

Apple has said it doesn’t have any side deals with developers, though it offers discounted rates to some video streaming partners like Amazon.com Inc. During the trial, Epic’s lawyers said Google also didn’t properly retain some internal records relevant to the case.

“I don’t think there’s much of a debate that the monopoly finding with Google holds true with Apple too,” said Jason Kint, CEO of Digital Content Next, a trade association for digital content companies. “The distinction that will be pored over is whether or not Apple abused that.”

—With assistance from Leah Nylen and Malathi Nayak.

Bloomberg Businessweek

Canada Revives Wartime Home Strategy to Address Housing Crisis

Thousands of simple ‘Victory Houses’ built starting in ‘40s

New program to add dense homes such as multiplexes, mid-rises

Victory Houses in the Topham Park neighborhood of Toronto, Ontario, Canada.

Photographer: Galit Rodan/Bloomberg

By Laura Dhillon Kane
December 12, 2023 

Prime Minister Justin Trudeau’s government is cracking open the history books for its latest attempt to address a severe housing shortage in Canada.

The government is moving forward with a catalog of pre-approved home designs to reduce the cost and time it takes to build housing. The idea dates back to the 1940s when thousands of soldiers returned from the Second World War and needed a place to live.

“We are living in a housing crisis, but it’s not the first time Canada’s been here,” said Housing Minister Sean Fraser at a news conference on Tuesday.

The new program will differ from the wartime strategy in some key ways, however. Between the 1940s and 1960s, a catalog of simple designs allowed for as many as a million wood-frame detached homes — known as “Victory Houses” or “Strawberry Box” homes — to be built across the country.
Read More: Toronto’s Wartime Victory Houses Embody City’ Pragmatic Roots

Fraser said his government is seeking designs that add density, such as multiplexes, mid-rises, seniors’ homes, student housing, garden suites and lane-way homes. The catalog will feature multiple designs in each category to give communities flexibility, he added.

Back in the wartime era, the government also created a federal agency to construct the homes, which eventually became the Canada Mortgage and Housing Corporation. It administers federal housing programs but does not directly build homes. That won’t change as the catalog of designs is aimed at developers, from large-scale builders to nonprofits, to cut red tape and costs.

“We expect there will be significant space for modular home designs, for panelization, for mass timber and potentially even 3D printing, depending on what the consultation tells us,” Fraser added.

Consultations will begin in January. It’s the latest announcement from the Trudeau government in response to a fierce public backlash over the cost of living. Home prices and rents have soared in part because housing starts have not kept pace with record immigration, and CMHC estimates that 3.5 million more units will be needed by 2030 to restore affordability.

 

Research finds police bodycams more important than race, gender in public's assessment of use-of-force cases

by Aaron Kupec, University of Massachusetts Amherst

Credit: Unsplash/CC0 Public Domain

Police body-worn cameras (BWCs) are the most important tool to provide an accurate and honest assessment of encounters between law enforcement and civilians, according to a new study co-written by a University of Massachusetts Amherst public policy researcher.

The findings provide further evidence that BWCs are an effective means to increase transparency within policing as many law enforcement agencies work to address distrust between police and the communities they serve. The paper, "Body-worn cameras and representation: What matters when evaluating police use of force?" is published in the journal Public Administration Review.

"People see body cameras as a mechanism to improve accountability within police departments," says Brittany Houston, assistant professor of public policy at UMass Amherst. "They are a tool that can be used by departments to engender trust with the public."

In an online experiment involving 1,655 adults in the U.S. who were shown virtual footage of police use-of-force interactions with civilians, Houston and co-authors James E. Wright II of Florida State University and Dongfang Gaozhao of the University of Dayton found that the presence of a BWC was considerably more important than the race or gender of those involved, when assessing whether the scenario required further investigation.

When BWCs were not present and there was a mismatch between either the racial or gender identity of the officer and civilian, individuals were more likely to believe that additional investigation was needed. For example, more respondents felt that an internal investigation was warranted in incidents involving a white male officer and a female African American civilian.

"However, every time we told the participants that a body camera was there, that reduced their desire for further investigation," Houston says.

Respondents were, on average, 19.1% less likely to believe an internal investigation was required when they were informed a BWC was present.

"[T]he mere presence of a BWC and its activation produced heightened levels of legitimacy during the use-of-force encounter," the study concludes. "Moreover, while tensions remain high between civilians and officers, one way to increase police legitimacy is signaled through the BWC."

Houston says the findings provide a solid foundation to explore why people put so much trust in body cameras when evaluating police interactions with civilians.

"It's a good first step in understanding the public's perception of body cameras, but we definitely need to do more," Houston explains.

More information: James E. Wright et al, Body‐worn cameras and representation: What matters when evaluating police use of force?, Public Administration Review (2023). DOI: 10.1111/puar.13746

Provided by University of Massachusetts Amherst Body cameras may have little effect on police and citizen behaviors: study

Poland’s laws on same-sex couples violate human rights code, court rules

Warsaw should recognize and protect couples that don’t consist of a man and a woman, ECHR says.

EU-member Poland has long been accused by rights groups of breaching the bloc’s LGBTQ+ obligations and women’s rights | Wojtek Radwanski/AFP via Getty Images

BY PIERRE EMMANUEL NGENDAKUMANA
DECEMBER 12, 2023 

The European Court of Human Rights ruled Tuesday that the lack of any form of legal recognition and protection for same-sex couples in Poland breaches the European Convention on Human Rights.

The court’s decision refers to five same-sex Polish couples whose application for marriage was rejected by the authorities as marriage can only be between a man and a woman, according to the Polish law.

In a press release Tuesday, the Strasbourg-based court said it considered that Poland — which was governed for most of the last decade by the populist-nationalist Law and Justice party — had failed to comply with its duty to ensure that the applicants had a specific legal framework providing for the recognition and protection of their same-sex unions.

That failure had resulted in the applicants’ inability to regulate fundamental aspects of their lives and amounted to a breach of their right to respect for their private and family life, the court added.

EU-member Poland has long been accused by rights groups of breaching the bloc’s LGBTQ+ obligations and women’s rights.

“Women’s sexual and reproductive rights and activists continued to be under attack, with a 2023 criminal conviction of an abortion rights activist for helping a woman access abortion pills. Officials use anti-LGBT rhetoric and authorities have established so-called ‘LGBT Ideology Free’ zones,” said Human Rights Watch in a statement.

In September, incoming Polish Prime Minister Donald Tusk promised that he would introduce a number of measures to improve the lives of the country’s LGBTQ+ community.

LGBTQ Persons and the Promise of the Universal Declaration of Human Rights 

Opinion

Dec 12, 2023 
By Jessica Stern and Suzanne Goldberg

U.S. special envoy to advance the human rights of LGBTQI+ persons; senior advisor to the special envoy

The Universal Declaration of Human Rights' 75th anniversary comes amid many profound challenges to human rights worldwide. Yet the Declaration's commitment to all persons' dignity and human rights still deserves recognition as a north star for our shared future, including the future of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons.

As the United States' special envoy to advance the human rights of LGBTQI+ persons and senior advisor to the special envoy, we see every day how being LGBTQI+ can determine a person's ability to enjoy their human rights and fundamental freedoms, depending on where they live and the overlapping forms of discrimination and hostility they face. We see, too, how U.S. diplomacy presses, visibly and behind the scenes, for protection against negative targeting based on sexual orientation, gender identity, and intersex status.

As President Joe Biden told the U.N. General Assembly earlier this year, we must continue working to ensure that "LGBTQI+ people are not prosecuted or targeted with violence because of who they are." These rights are part of our shared humanity, he added, and "when they are absent anywhere, their loss is felt everywhere."

Earlier this year, we met with activists from Uganda, where the Anti-Homosexuality Act requires individuals to report anyone suspected of "homosexual behavior," imposes a 20-year prison sentence for "promotion" of homosexuality, and even imposes the death penalty in certain cases. As a recent U.S. business advisory noted, because of the law, landlords are reportedly evicting private and commercial tenants on suspicion of being LGBTQI+.

In September, we met with a lesbian activist from the Kyrgyz Republic, where LGBTQI+ organizations are facing increased restrictions under the state's anti-propaganda law. We also met a transgender woman from Indonesia who detailed severe risks to safety and livelihood faced by the transgender community there. Their experiences reflect the heartbreaking repression that LGBTQI+ persons often face from both governments and local communities when law enforcement refuses to provide protection.

Yet there is also hope, including a growing number of nations overturning laws criminalizing LGBTQI+ relationships. In the past two years, courts in five countries have struck down their sodomy laws—Mauritius just two months ago, and Antigua and Barbuda, Barbados, St. Kitts and Nevis, and Singapore in 2022, while Vietnam officially rejected designation of LGBTQI+ identities and relationships as medically or psychologically abnormal.

Video shows Russian riot police raiding gay bar, local outlets report

The weekend raid was one of several that have occurred since the country’s highest court designated LGBTQ activists as extremists last month.

Yekaterinburg, Russia. 

Alexander Zemlianichenko Jr. / Xinhua News Agency via Getty Images


Dec. 12, 2023, 
By Matt Lavietes

Russian police raided another gay bar over the weekend, video posted by a Russian media outlet showed, less than two weeks after the country’s highest court designated LGBTQ activists as extremists.

The video, shared Saturday by local news outlet Ura.ru, appears to show riot officers entering a darkly lit bar or club and then abruptly cutting the music and turning the lights on. The officers can be heard yelling, and then about a dozen or so patrons and bar staff can be seen filing out of the venue. The video was taken inside Fame, a gay bar in Russia’s fourth largest city, Yekaterinburg, according to the news outlet. Ura.ru, which is also based in Yekaterinburg, had historically been critical of the Russian government, but the outlet has more recently been described as “Kremlin-friendly."

Gay bars in Moscow were similarly raided by Russian police the previous weekend. Clubgoers’ identification documents were reportedly checked and photographed by police.

A representative from the Russian Embassy in Washington, D.C., did not immediately return a request for comment.

The raids are part of a decadeslong crackdown on LGBTQ rights in the nation under the leadership of President Vladimir Putin, who has been in power for almost a quarter century. They also come less than two weeks after the ruling by the nation’s Supreme Court that designated gay and trans activists and the LGBTQ “movement” as extremists.

Under Russian law, those found guilty of participating or financing extremism can be sentenced to up to 12 years in prison, according to the international advocacy group Human Rights Watch. The ruling is seen by critics as effectively banning any form of organized advocacy on behalf of LGBTQ rights.

“It’s a bleak, bleak part of history for Russian LGBTQ society, unfortunately,” said Renat Davletgildeev, an LGBTQ activist and journalist who fled Russia last year. “And we are only on the first step on the way to hell.”

A ban on consensual same-sex intimacy was outlawed in Russia after the fall of the Soviet Union in 1991. But in more recent years, the Russian government has passed a series of laws restricting LGBTQ rights.

In 2013, the Russian government passed legislation that has become known worldwide as the nation’s “gay propaganda law,” making it illegal “to spread information about nontraditional sexual behavior” to minors.

Police detained more than 100 gay and bisexual men in Chechnya, a republic of Russia, and subjected them to torture in 2017, according to human rights groups. The Russian and Chechen governments have both maintained that the persecution never took place.

As part of a referendum to allow Putin to stay in power until 2036 if he chooses to, Russians in 2020 voted in favor of a constitutional amendment that defines marriage as exclusively between a man and a woman.

Last year, Russian lawmakers expanded the “gay propaganda law” to apply to adults, effectively banning public symbols or gestures of “nontraditional sexual relations.” Those found to be in violation of the law could face up to 400,000 roubles ($6,500) in fines. A Russian court also disbanded the nation’s largest LGBTQ advocacy group, the Russian LGBT Network, last year.

In July, Putin signed a measure into law that would ban gender-affirming care in Russia.

While acknowledging the deterioration of LGBTQ rights in Russia, Tanya Lokshina, an associate director at Human Rights Watch, described the police raids on gay bars as “particularly extreme.”

“They’re not going to go after each and every LGBT person who exhibits their sexual orientation,” she explained in an interview with NBC News last week. “But, they’re going to go after some people — which will make it clear to everyone else — that you have to shut up or else because that’s the way the Russian government operates.”

Critics of the recent Supreme Court ruling said they were not surprised by its timing, arguing that it is aimed at further vilifying LGBTQ people ahead of the upcoming presidential elections in March. Putin announced his candidacy for the election he is all but certain to win last week.

“They need to feed this idea of the country surrounded by enemies who want to destroy us,” Maria Alyokhina, a member of Russia’s activist punk rock group Pussy Riot, said in a reference to the Kremlin.

Alyokhina, who is queer and has been arrested for her activism several times, escaped Russia last year disguised as a food delivery person in order to slip past a police guard while she was under house arrest. She said the recent Supreme Court ruling will force LGBTQ Russians to go further into hiding.

“In Russia, there is a dark joke that there is no level of bottom,” she said. “So, it definitely can be worse, and with this terrible law it would be worse.”

NO JUSTICE NO PEACE!

Flint charge against ex-Michigan Gov. Snyder formally dismissed

BY RACHEL FRAZIN - 12/12/23 

FILE – The Flint water plant tower is seen, Thursday, Jan. 6, 2022, in Flint, Mich. A Michigan Supreme Court order that charges related to the Flint water scandal against former Gov. Rick Snyder, his health director and seven other people must be dismissed is the latest development in the crisis that started in 2014. That was when the city began taking water from the Flint River without treating it properly, resulting in lead contamination. (AP Photo/Carlos Osorio, File)

A judge formally dismissed a charge against former Michigan Gov. Rick Snyder (R) related to the Flint water crisis, formally closing the case against him. 

Judge William Crawford dismissed a charge Monday of willful neglect of duty against Snyder after a 2014 water supply switch led to lead contamination in the city of Flint’s water supply.

The dismissal is not a surprise, since the Michigan Supreme Court in October declined to revive the case against Snyder. At that time, prosecutors declared the Flint water prosecutions closed. 

The state’s high court had previously taken issue with the indictment process for Snyder and other officials, finding that a “one-man grand jury” was wrongly used.

The dismissal does not affect civil proceedings; Flint residents were awarded a more than $600 million in a settlement finalized earlier this year. 

Flint’s drinking water was contaminated after the source of its water supply was shifted to the Flint River in 2014. The water wasn’t adequately treated, and this caused lead from pipes to leach into the city’s drinking water.

This exposed about 99,000 residents to lead, which can damage the brain and nervous system and is particularly harmful to children.