Religious Arbitration In Business Contracts Replacing USA Laws

“Businesses and organizations can compel their customers and employees to resolve disputes in arbitration proceedings bound not by state or federal law, but by religious edict.”

“Customers who buy bamboo floors from Higuera Hardwoods in Washington State must take any dispute before a Christian arbitrator, according to the company’s website. Carolina Cabin Rentals, which rents high-end vacation properties in the Blue Ridge Mountains of North Carolina, tells its customers that disputes may be resolved according to biblical principles. The same goes for contestants in a fishing tournament in Hawaii.”

“Pamela Prescott battled for years to prove that she had been unjustly fired from a private school in Louisiana. The crux of her case — which wound through arbitration, a federal appeals court and state court — was references in her employment contract to verses from the Bible.

In legal circles, those cases, along with the Ellison suit, are considered seminal examples of how judges have consistently upheld religious arbitrations over secular objections. They also reflect a battle in the United States over religious freedom, a series of skirmishes that include a Kentucky clerk’s refusal to issue marriage licenses to same-sex couples and a Muslim woman’s being passed over for a job at Abercrombie & Fitch because she wore a head scarf.”

“More than anything, the cases show the power of arbitration clauses. An investigation by The New York Times found that companies have used the clauses to create an alternate system of justice. Americans are being forced out of court and into arbitration for everything from botched home renovations to medical malpractice.

By adding a religious component, companies are taking the privatization of justice a step further. Proponents of religious arbitration said the process allowed people of faith to work out problems using shared values, achieving not just a settlement but often reconciliation.”

http://www.nytimes.com/2015/11/03/business/dealbook/in-religious-arbitration-scripture-is-the-rule-of-law.html?emc=eta1

posted by f. Sheikh

What is Russia doing in Syria? By Patrick Cockburn

A must read article analyzing the interests of different players in Syrian civil war and ISIS. It is almost impossible for USA to have a cohesive strategy in the current crisis when its allies have contradictory interests of their own. The decision to send American soldiers/advisers to help Kurdish army is a nightmare scenario for Turkey and it may decide to undermine it. Iraq, Iran, Russia and Huzebullah are helping Assad to stay in power. For Shia it is a matter of personal survival and for some oil rich states, especially Saudi Arabia and Bahrain, it is a matter of economic survival because most of the oil fields are located in Shia territory in their countries. For these states, Shia issue takes precedent over ISIS curse. Spread of Shia-Sunni conflict in the world is part of the same strategy by these oil rich states. (F. Sheikh).

The military balance of power in Syria and Iraq is changing. The Russian air strikes that have been taking place since the end of September are strengthening and raising the morale of the Syrian army, which earlier in the year looked fought out and was on the retreat. With the support of Russian airpower, the army is now on the offensive in and around Aleppo, Syria’s second largest city, and is seeking to regain lost territory in Idlib province. Syrian commanders on the ground are reportedly relaying the co-ordinates of between 400 and 800 targets to the Russian air force every day, though only a small proportion of them come under immediate attack. The chances of Bashar al-Assad’s government falling – though always more remote than many suggested – are disappearing. Not that this means he is going to win.

The drama of Russian military action, while provoking a wave of Cold War rhetoric from Western leaders and the media, has taken attention away from an equally significant development in the war in Syria and Iraq. This has been the failure over the last year of the US air campaign – which began in Iraq in August 2014 before being extended to Syria – to weaken Islamic State and other al-Qaida-type groups. By October the US-led coalition had carried out 7323 air strikes, the great majority of them by the US air force, which made 3231 strikes in Iraq and 2487 in Syria. But the campaign has demonstrably failed to contain IS, which in May captured Ramadi in Iraq and Palmyra in Syria. There have been far fewer attacks against the Syrian branch of al-Qaida, Jabhat al-Nusra, and the extreme Islamist group Ahrar al-Sham, which between them dominate the insurgency in northern Syria. The US failure is political as much as military: it needs partners on the ground who are fighting IS, but its choice is limited because those actually engaged in combat with the Sunni jihadis are largely Shia – Iran itself, the Syrian army, Hizbullah, the Shia militias in Iraq – and the US can’t offer them full military co-operation because that would alienate the Sunni states, the bedrock of America’s power in the region. As a result the US can only use its air force in support of the Kurds.

The US faces the same dilemma in Iraq and Syria today as it did after 9/11 when George Bush declared the war on terror. It was known then that 15 of the 19 hijackers were Saudis, Osama bin Laden was a Saudi and the money for the operation came from Saudi donors. But the US didn’t want to pursue al-Qaida at the expense of its relations with the Sunni states, so it muted criticism of Saudi Arabia and invaded Iraq; similarly, it never confronted Pakistan over its support for the Taliban, ensuring that the movement was able to regroup after losing power in 2001.

Washington tried to mitigate the failure of its air campaign, officially called Operation Inherent Resolve, by making exaggerated claims of success. Maps were issued to the press showing that IS had a weakening grip on between 25 and 30 per cent of its territory, but they conveniently left out the parts of Syria where IS was advancing. Such was the suppression and manipulation of intelligence by the administration that in July fifty analysts working for US Central Command signed a protest against the official distortion of what was happening on the battlefield. Russia has now taken advantage of the US failure to suppress the jihadis.

But great power rivalry is only one of the confrontations taking place in Syria, and the fixation on Russian intervention has obscured other important developments. The outside world hasn’t paid much attention, but the regional struggle between Shia and Sunni has intensified in the last few weeks. Shia states across the Middle East, notably Iran, Iraq and Lebanon, have never had much doubt that they are in a fight to the finish with the Sunni states, led by Saudi Arabia, and their local allies in Syria and Iraq. Shia leaders dismiss the idea, much favoured in Washington, that a sizeable moderate, non-sectarian Sunni opposition exists that would be willing to share power in Damascus and Baghdad: this, they believe, is propaganda pumped out by Saudi and Qatari-backed media. When it comes to keeping Assad in charge in Damascus, the increased involvement of the Shia powers is as important as the Russian air campaign. For the first time units of the Iranian Revolutionary Guard have been deployed in Syria, mostly around Aleppo, and there are reports that a thousand fighters from Iran and Hizbullah are waiting to attack from the north. Several senior Iranian commanders have recently been killed in the fighting. The mobilisation of the Shia axis is significant because, although Sunni outnumber Shia in the Muslim world at large, in the swathe of countries most directly involved in the conflict – Iran, Iraq, Syria and Lebanon – there are more than a hundred million Shia, who believe their own existence is threatened if Assad goes down, compared to thirty million Sunnis, who are in a majority only in Syria.

In addition to the Russian-American rivalry and the struggle between Shia and Sunni, a third development of growing importance is shaping the war. This is the struggle of the 2.2 million Kurds, 10 per cent of the Syrian population, to create a Kurdish statelet in north-east Syria, which the Kurds call Rojava. Since the withdrawal of the Syrian army from the three Kurdish enclaves in the summer of 2012, the Kurds have been extraordinarily successful militarily and now control an area that stretches for 250 miles between the Euphrates and the Tigris along the southern frontier of Turkey. The Syrian Kurdish leader Salih Muslim told me in September that the Kurdish forces intended to advance west of the Euphrates, seizing the last IS-held border crossing with Turkey at Jarabulus and linking up with the Syrian Kurdish enclave at Afrin. Such an event would be viewed with horror by Turkey, which suddenly finds itself hemmed in by Kurdish forces backed by US airpower along much of its southern frontier.Click link below for full article.

http://www.counterpunch.org/2015/10/30/what-is-russia-doing-in-syria/

‘Turkey’s Most Important Woman’ By Alev Scott

Turkey is having its general elections on November 1, 2015. Turkey was the model of stability and democracy among Muslim nations but recently it is going through serious political upheavals. Among the chaos a new woman leader, Figen Yuksekdağ , is emerging. Upcoming election is critical how it moves forward. ( F. Sheikh).

ISTANBUL — Figen Yuksekdağ would be a superstar in a country less suffocated by macho politics.

As co-chair of the party which unexpectedly robbed the Justice and Development Party (AKP) of its ruling majority in June, Yuksekdağ  is one of the most important politicians in Turkey today. She is also the embodiment of the leftist Peoples’ Democratic Party’s (HDP) commitment to gender equality, in a country that ranks 120 of 136 on the Global Gender Gap Index. All positions in the HDP are split between a woman and a man as a matter of policy, but it would be ludicrous to view Yuksekdağ as “the token woman.”

Since the age of 17, when she was arrested for the first time in a street protest in southeast Turkey, she earned her political stripes with decades of activism before becoming co-chair of the party at its formation three years ago. She is also the kind of politician who dismisses Tansu Çiller, Turkey’s first — and only — female prime minister, as “a cheap copy of Margaret Thatcher.” It is safe to say Yuksekdağ is not a cheap copy of anyone.

As Turkey steels itself for the snap election called by President Recep Tayyip Erdoğan for November 1, Yuksekdağ, 44, is at the forefront of the HDP’s battle to retain its presence in Parliament and again deny the AKP its ruling majority. Yet she receives virtually no exposure in Turkish media — even less than her male counterpart, Selahattin Demirtaş — due to major TV stations boycotting HDP members, who have been accused of spreading “terrorist propaganda” by government officials and Erdoğan himself. The ostensible reason lies in the party’s high-profile backing of Kurdish rights and involvement in the now-stalled Kurdish peace process, which was set to end 40 years of conflict between the PKK, a Kurdish militant group, and the Turkish government. The cynical reason is a PR war of attrition against the HDP.

The party, which advocates decentralization of power and minority rights, stormed into Parliament for the first time in June with 13 percent of the vote, clearing Turkey’s uniquely high 10 percent electoral threshold for representation. It was, according to Yuksekdağ, “the most exciting, most hopeful moment in recent political history, perhaps the most euphoric of my life.”

Since then, the country has witnessed what she bluntly calls a “war”: a resurgence of the conflict between Turkish troops and the PKK in the southeast, the most deadly terrorist attack in Turkish history, and physical attacks on HDP members and regional headquarters. If the party gets less than 10 percent of the vote on November 1, the AKP will almost certainly win back its ruling majority — “the worst possible” outcome, according to Yuksekdağ.

http://www.politico.eu/article/the-most-important-woman-in-turkey-akp/

 

Hate Crimes In Israel

Although one may argue that hate crimes against Palestinians is nothing new, but recent hate crimes in Israel against Palestinians and its own minority has taken a more menace turn. Mr. Netanyahu is doing for Israel what General Zia did for Pakistan. With Mr. Netanyahu’ blessings the ultra orthodox are gaining strength and moderates are dwindling. This trend is also affecting the political discourse in USA where Mr. Netanyahu is openly leading the Republican party in opposition of Iranian nuclear deal. The article below in NYT describes the disheartening response from liberals in Israel against recent hate crimes. ( F. Sheikh)

TEL AVIV — “This isn’t everyone,” my son said Saturday as we stood on the steps of the Tel Aviv City Hall, in Rabin Square. “There are more people coming, right?”

It was already 9 p.m., an hour and a half past the official opening of the anti-violence, anti-incitement demonstration. He’s not even 10 yet, but he’s already seen that square full of people demonstrating for less important causes and he’s sure that, as in every good Western, the cavalry is on the way, that tens, maybe hundreds of thousands of citizens horrified by the terrible events that occurred in Israel this week will be thronging the square. How is it possible that fewer people would come to demonstrate against the murder of children and innocent people than to demonstrate against the high cost of housing or the halt to building in the settlements?

The next day, Sunday, the newspapers reported that there were “thousands of demonstrators,” the word “thousands” designed only to conceal the empty spaces in the square. Skilled photo editors produced pictures for the front pages that made the relatively small crowd appear huge. That sad effort to enlarge the size of the demonstration was not a result of hidden political motives, but of a collective sense of shame.

Because the embarrassing truth is that a demonstration against two hate crimes — the firebombing on Friday of a home in a Palestinian village, which killed an 18-month-old boy, and the stabbing of six marchers on Saturday in Jerusalem’s Gay Pride Parade, including a 16-year-old girl who later died of her injuries — did not get many people out of their homes, definitely not in this especially hot, humid August. And that truth is not a pleasant one for anybody.

I’m old enough to remember Rabin Square, when it was still called the Kings of Israel Square, full of demonstrators on many occasions. I remember, as a teenager, hundreds of thousands of people railing against the Lebanon War after the Sabra and Shatila massacre in 1982 and a crowd so full of hope at the demonstration for the peace agreement, after which Yitzhak Rabin was murdered in 1995. I remember it full of men in their knitted skullcaps demonstrating against the disengagement, and the eager young people singing at the demonstration for social justice. But today it’s half-empty. Where are all the people who filled it then?

http://www.nytimes.com/2015/08/04/opinion/do-israelis-still-care-about-justice.html?ref=international