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UN rights body rules Guatemala failed displaced Mayan Peoples

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The landmark decision, announced on Thursday, also considered the harm caused to succeeding generations.

“Forced displacement is permanent in nature until the victims benefit from a safe and dignified return to their place of habitual residence or are voluntarily resettled elsewhere,” said Committee member Hélène Tigroudja.

Conflict, displacement and violations

The Committee found that the 269 members of the K’iche’, Ixil and Kaqchikel Mayan Indigenous Peoples were violently uprooted from their traditional lands and forced to seek refuge in the capital, Guatemala City, in violation of the International Covenant on Civil and Political Rights (ICCPR).

They were forcibly displaced during “scorched earth” operations amid internal armed conflict in the 1980s.

Mayan leaders approached the Committee in 2021, claiming their rights under the UN treaty were violated.

Although they had reached a settlement with the Government and agreed on several reparation measures under the 2011 National Compensation Programme – which foresaw, in particular, the resettlement and construction of alternative housing – it was never implemented.

‘Stripped of cultural identity’

The UN Committee’s decision noted that while in the capital city, Mayans were also forced to conceal and ultimately change their identities, representing another violation.

“The uprooting of the victims from their natural environment and lands had a deep, devastating, and lasting impact as they were irremediably stripped of their cultural identity,” Ms. Tigroudja said. 

“They had to abandon their cultural practices, stop wearing their traditional clothing and stop speaking their language, which also constitutes an irreparable loss for their children and grandchildren,” she added.

Transgenerational trauma

In a new approach, the Committee considered that the State violated not only the rights of those who were forcibly displaced but also the rights of third-generation children born in displacement, thus transmitting the trauma of being uprooted. 

“Indigenous Peoples’ rights are, by definition, intergenerational.  Transmission is a key condition for the continuity of Indigenous Peoples’ existence and cultures,” Ms. Tigroudja said.

The Committee also highlighted that the forced displacement and accompanying violence resulted in the victims having to leave behind the buried bodies of their relatives. 

Burial rites disrupted

Moreover, they were unable to perform funeral rituals for family members who died or were executed or forcibly disappeared during the conflict, in violation of their right not to be subjected to torture and inhumane treatment. 

“In Mayan culture, not performing funeral rites is considered a moral transgression which can lead to spiritually caused illnesses that can manifest as physical diseases and can affect the entire lineage,” Ms. Tigroudja explained. 

“These are not only performative ceremonies and rituals but an integral part of the physical, moral and spiritual integrity of members of the communities as well as of the communities as a whole,” she added.

Action by authorities

The Committee requested Guatemala to search for and hand over the remains of the disappeared family members so that funeral rituals can be carried out in accordance with cultural requirements. 

The Government is also urged to undertake other measures, including providing victims, their children and grandchildren with the necessary medical, psychological and/or psychiatric treatment; and publicly acknowledging responsibility.

About the Committee

The Human Rights Committee comprises 18 independent experts who monitor implementation of the International Covenant on Civil and Political Rights (ICCPR).

More than 170 States are party to the UN treaty. Committee members are elected by States parties and serve in their personal capacity. They are not UN staff and do not receive payment for their work. 

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U.S. Immigration Policy Shift: No Renewal for Humanitarian ‘Migrant Parole’ Program

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The Biden administration has announced a significant shift in its immigration policy as the U.S. Department of Homeland Security (DHS) said that it will not renew a temporary humanitarian entry program for hundreds of thousands of migrants who have U.S. sponsors and entered the country in recent years.

The program, known as the parole program, has allowed approximately 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. since October 2022. These migrants were granted two-year permits under the program, which will begin to expire in the coming weeks.

Despite the non-renewal of the program for current beneficiaries, it will continue to accept new applications from those abroad. This indicates that while the current beneficiaries will not be renewed, the program itself is not being entirely discontinued.

The parole program was launched by the Biden administration as a strategy to provide legal avenues for migrants to enter the U.S. and decrease illegal crossings at the U.S.-Mexico border. The program allows migrants with existing U.S. sponsors to enter the country for humanitarian reasons or if their entry is deemed a significant public benefit.

Future of Migrants in US

The decision not to renew the parole program has raised concerns about the future of the migrants who have benefited from it. “Migrants without permission to remain in the U.S. will need to depart the United States prior to the expiration of their authorized parole period or may be placed in removal proceedings,” DHS spokesperson Naree Ketudat said.

However, other parole programs for Ukrainians and Afghans have been extended, indicating that the administration is not entirely moving away from such programs. Despite the end of the parole program, many of these migrants could remain in the country under other programs. For instance, many Cubans are eligible for permanent residence and eventual citizenship under the 1966 Cuban Adjustment Act.

Most Haitians and Venezuelans in the U.S. are eligible for Temporary Protected Status, which grants them deportation relief and work permits. All four nationalities could apply for asylum.

Not Unprecedented

The Biden administration’s decision to not renew the parole program is reminiscent of previous shifts in U.S. immigration policy. For instance, in the 1980s, the Reagan administration granted amnesty to millions of undocumented immigrants, a move that was controversial but also recognized the reality of large-scale undocumented migration.

Similarly, the Obama administration implemented the Deferred Action for Childhood Arrivals (DACA) program, which provided temporary relief from deportation for undocumented immigrants brought to the U.S. as children. These historical precedents highlight the ongoing evolution of U.S. immigration policy in response to changing circumstances and policy priorities.

The decision comes at a time when immigration is a top voter issue in the upcoming Nov. 5 election that will pit Democratic Vice President Kamala Harris against Republican Donald Trump, who has criticized the parole program. The Biden administration’s immigration policies have been a point of contention, with record numbers of migrants caught crossing illegally during Biden’s presidency.

However, crossings have plummeted in recent months as Biden rolled out new border restrictions. As the country moves forward, the management of migration flows and the balance between humanitarian concerns and national security will continue to be key issues in immigration policy.

New Income Tax Return Forms for Assessment Year 2018-19 issued

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The Central Board of Direct Taxes(CBDT) has issued new Income Tax Return Forms (ITR Forms) for the Assessment Year 2018-19, making it one page simplified ITR Form-1(Sahaj), that may benefit around 3 crore taxpayers. However, criticism mounted on personal questions it seeks from the taxpers.

This new ITR Form-1 (Sahaj) can be filed by an individual who is resident other than not ordinarily resident, having income upto Rs.50 lakh and who is receiving income from salary, one house property / other income (interest etc.).

Further, the parts relating to salary and house property have been rationalised and furnishing of basic details of salary (as available in Form 16) and income from house property have been mandated.

ITR Form-2 has also been rationalised by providing that Individuals and HUFs having income under any head other than business or profession shall be eligible to file ITR Form-2. The Individuals and HUFs having income under the head business or profession shall file either ITR Form-3 or ITR Form-4 (in presumptive income cases).

In case of NRIs, the requirement of furnishing details of any one foreign Bank Account has been provided for the purpose of credit of refund. Further, the requirement of furnishing details of cash deposit made during a specified period as provided in ITR Form for the Assessment Year 2017-18 has been done away with from Assessment Year 2018-19.

There is no change in the manner of filing of ITR Forms as compared to last year. All these ITR Forms are to be filed electronically. However, where return is furnished in ITR Form-1 (Sahaj) or ITR-4 (Sugam), the following persons have an option to file return in paper form:

(i) an Individual of the age of 80 years or more at any time during the previous year; or

(ii) an Individual or HUF whose income does not exceed five lakh rupees and who has not claimed any refund in the Return of Income.

The notified ITR Forms are available on the official website of the Department www.incometaxindia.gov.in.

Challenging Summer for Green Card Holders?

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This is going to be one of the most difficult summers ever for US Green Card and visa holders in all categories as few foreigners are aware of impact from the Presidential Order 13768, said Steven Riznyk, lead immigration attorney.

Under the Order, anyone who has any kind of a criminal record, or has even been charged but not convicted is a priority for removal or previously called deportation. Many people leaving for vacation have no idea they will not be returning home to their careers and families, he noted.

Steven Riznyk cautions that people with careers, jobs, homes, cars, and children who leave the United States will most likely not be able to re-enter for approximately 8 months’ time citing the draconian Presidential Order 13768.

“It is a very dangerous provision. A simple shoplifting charge can keep someone out of the United States,” said Riznyk. Unless a visa or Green Card holder applies for a waiver to ask the government to overlook a charge or conviction and has it approved, he or she will most likely not be able to re-enter after their vacation is over.

Mr Riznyk said he has received a number of calls from people all over the world who have been denied re-entry into the United States, feeling it was an error. With few immigration lawyers qualified to create waivers, he said not all immigration offences qualify for waivers.

Some waivers are only for visa holders, and not available for Green Card holders. It takes, on average, 8 months to be able to re-enter after filing a waiver, which itself takes 3-4 weeks to prepare, he said.

Once a foreigner is outside the country, he or she will not be able to enter, even while waiting for the results of the waiver. For people in the United States on a student visa or with a serious career and family obligations, this situation can be extremely destructive, he said.

Haj Committee Formed to Review India’s HAJ Policy

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Indian Ministry of Minority Affairs has constituted a Committee on January 31, 2017 under a retired IAS officer Afzal Amanullah to review the Haj Policy 2013-17 and to suggest framework for Haj Policy for five years from 2018 to 2022.

This Committee comprises of Mr. Amanullah, former Secretary to Government of India and former Consul General, Consulate General of India, Jeddah, Justice S.S. Parkar, Retired Judge of Bombay High Court, Mr. Qaiser Shamim, IRS (Retd), former Chairman, Haj Committee of India, Mr. Kamal Faruqui, Chartered Accountant & Muslim Scholar, Mr. Michael Mascarenhas, former CMD, Air India and Mr. J. Alam, Joint Secretary, in-charge of Haj, Ministry of Minority Affairs.

The main issues to be examined by the Haj Committee will include review the existing Haj policy pertaining to HCoI and PTOs, examine implications of various directions of the Supreme Court to reduce Haj subsidy by 2022, review arrangements made by HCoI for Haj pilgrims’ accommodation and air travel including issues related with Haj subsidy.

The committee will also examine coordination in the functioning of Haj Committee of India and CGI, examine transparency, consumer satisfaction and disclosure requirements for PTOs to protect interest of the Haj Pilgrims.

The Committe will suggest measure for ensuring fair competition among PTOs and enhanced value for services and suggest the framework for new Haj policy for HCoI and PTOs.

The Committee has been given three months to submit its report, said Mr. Mukhtar Abbas Naqvi, the Minister of State for Minority Affairs, in written reply to a question in Lok Sabha on Wednesday.

Ramzan 2015: Muslims’ Month-Long Fast Begins

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Ramzan, the ninth month of the Islamic lunar calendar, began on Thursday with Muslims observing daytime fasting and converging in Iftar parties in the night to break their day-long fast, an occasion for both social gatherings and religious get-together.

President of India Pranab Mukherjee has greeted all fellows Muslims on the occasion of the commencement of the holy month of Ramzan. “I greet all my Muslim brothers and sisters on the occasion of the commencement of the holy month of Ramzan. May the spirit of Ramzan illuminate the world, show us the way to peace and harmony and remind us of our duties towards the less privileged,” he said.

One of the five tenets of Islam, observing fast in the month of Ramzan is a must for Muslims, with exceptions granted only to those who are suffering from an illness, travelling, are elderly, pregnant, breastfeeding, diabetic or going through menstrual bleeding.

While charity is another significant part of during Ramzan, a strict NO to eveil thoughts and daytime eating and drinking, make the month rigorous for Muslims.

Derived from the Arabic word for fasting “sawm”, it literally means “to refrain” not only from food and drink, but from evil actions, thoughts, and words. It includes the increased offering of salat (prayers) and recitation of the Quran. According to the Quran, Prophet Muhammad first received revelations from god during the month of Ramadan and hence it is a sacred month in the entire Islamic calendar.

During Ramadan, every part of the body must follow the tenets such as:

— The tongue must be restrained from backbiting and gossip.
— The eyes must restrain themselves from looking at women.
— The hand must not touch or take anything that does not belong to it.
— The ears must refrain from listening to obscene words and
— The feet must refrain from visiting sinful places.

Iftar
Usually during the month of Iftaar, Muslims break their fast with dates in the evening, as Prophet Mohammad broke his fast with three dates. fter that, Muslims generally go for the Maghrib prayer, the fourth of the five daily prayers, after which the main meal is taken.
Iftars are held for visitors and friend in the evening in a buffet style serving traditional dishes and desserts, besides juices and water. Other food items include lamb stewed with wheat berries, lamb kebabs with grilled vegetables, or roast chicken served with chickpea-studded rice pulav. Teh meals finishes usually with a rich dessert, luqaimat or baklava or kunafeh (sweet kadaifi noodle pastry).

Ramzan Greetings/ Messages:
The general greeting in any language is “I hope you have a blessed Ramzan,” or “may you have a peaceful Ramzan.” In common Arabic, “Ramadan Kareem!” which means Noble or Generous Ramadan!” or “Ramadan Mubarak!” (Blessed Ramadan) are some general greetings often used. In addition, “Kul ‘am wa enta bi-khair!” (May every year find you in good health!) is also used to greet people during the month of Ramadan. The month-long fasting ends with a holiday called Eid al-Fitr or the Festival of Fast-Breaking.

Penalities:
In some Muslim countries, failing to fast is a crime. In Algeria, the court of Biskra sentenced 6 people to 4 years in prison for violating the tenets of Ramadan and in Kuwait, according to law number 44 of 1968, the penalty is 100 Kuwaiti dinars for those seen eating, drinking or smoking during Ramadan daytime.

In the U.A.E., eating or drinking during the daytime of Ramadan is punished by up to 240 hours of community service, while in Egypt, alcohol sales are banned during Ramadan. Otherwise, UAE allows liberal working hours during Ramadan with a maximum of 6 hours daily and 36 hours per week. Even Qatar, Oman, Bahrain and Kuwait have similar working hours during Ramadan.