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News Stories that Critique Social and Institutional Practices



Critiques in the News of Social and Institutional Practices that Undermine Critical Thinking and the Emergence of Critical Societies


There are two opposing social tendencies relevant to critical thinking, each supported by multiple driving forces. One is the tendency to social control and intolerance, to conformity and obedience, to fixity of belief and the preservation of traditional myths and delusions, to dogmas and vested interest pronouncements. The other is to critical analysis; to the transformation of beliefs; to questioning, doubt, and reason focused on the improvement of social life and conditions.

Critical thinking can flourish only to the extent that societies support freedom of thought. Significant support for freedom of thought presupposes social stability, open access to information and knowledge and authentic commitment to maintaining that access. Social and institutional practices that undermine the emergence of such societies warrant critique using the best critical thinking.

There are many possible sources for stories documenting social practices that discourage critical thinking and/or the emergence of critical societies. We cannot cover all such stories. Nevertheless, we believe it is our responsibility to highlight practices inconsistent with fair-minded critical thinking. The stories in this section come from STATEWATCH, a European watchdog research group. Eventually we hope to provide such critiques on events the world over.  

Consistent with the protocols of independent critical thought, the Foundation for Critical Thinking is non- political. The stories are provided here for your analysis and assessment. We believe that, in general, Statewatch is a paradigm of sound scholarship. However, if you judge any story to be inaccurate or misleading, you may challenge the story (citing your reasoning or evidence).



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For full contents of all stories, see: Statewatch News online for analysis, documentation, news in brief and News Archives 2000-ongoing, or see the What's New section, which lists all News Online and News in Brief items. The latest news items are listed below, for your convenience.


 

May 2013

EU: State guidelines for the exchange of undercover police officers revealed

Statewatch can today publish a template 'Memorandum of Understanding for the use of undercover officers' produced by the European Cooperation Group on Undercover Activities (ECG) in February 2004. It outlines the generic structure and issues to be covered in agreements for the cross-border deployment of undercover police officers. This includes the legal framework; objectives of the deployment; management of the operation; "hard criteria" such as how evidence may be given in court and whether carrying a firearm is permitted; and communication with superiors. While it may simply be coincidence, it is notable that Mark Kennedy's overseas activities began in the months following the agreement.

EU: Frontex: Upholding the legitimacy of Frontex: European Parliamentary Oversight (isis europe report, pdf)

"The activities of the EU border control agency, Frontex, have increasingly drawn the attention of the public, as it is sometimes portrayed as a threat to the EU core principles of democracy, transparency and human rights. This review highlights the need for an oversight mechanism, which may restore public faith in Frontex to legitimately carry out its duties in manner conducive to EU core values. The prevailing challenges to fulfilling this need are reviewed, along with the related activity of the European Parliament and the way forward for Frontex in accordance with the EU Charter of Fundamental Rights. Conclusively, it is submitted that a greater level of European Parliamentary oversight as a means to improve transparency is a solution to the accountability issue linked to border control."

Caritas Europa comments on the second draft of the Joint Return Operation code of conduct (pdf)

"Caritas Europa welcomes the safeguards included in the draft code. Yet, the Human Rights clauses would be purely decorative without further strengthening the accountability mechanisms and clarification of the personal and material scope of the code. We have therefore provided some alternative language - based in particular on the Council of Europe Twenty Guidelines on Forced Return."

EU: Speech by Cecilia Malmström, EU Commissioner for Home Affairs, at the 4th European Civil Protection Forum in Brussels: The Internal Security Dimension and Perspectives (pdf)

Identifies three areas to develop: a coordinated response capability; the assessment of threats and hazards to their potential impact; cooperation in areas such as CBRN [Chemical, Biological, Radiological, and Nuclear] and critical infrastructure protection.

EU: EU ministers urge Reding to do more for gay rights (euobserver, link) "Fourteen member states on Thursday (16 May) backed a petition urging the European Commission to do more for the rights of sexual minorities, with the last major initiative several years ago."

EU LGBT Survey: Poll on homophobia sparks concern (BBC, link) "A quarter of gay people surveyed in a major EU poll say they have been subjected to attacks or violent threats in the past five years."

Survey shows widespread LGBT discrimination (Sarah Ludford, link) "A survey produced by Gallup Europe for the EU Fundamental Rights Agency (FRA) to mark the forthcoming International Day Against Homophobia (May 17th) has revealed that almost half (47%) of the Lesbian, Gay, Transgender and Bisexual community in Europe has been personally discriminated against or harassed on the grounds of their sexual orientation."

EU: Council of the European Union: Preparation of the Schengen evaluation in 2013 - Programmes, participants, technical details - an overview (5147/13, pdf) "Delegations will find enclosed an overview of programmes, participants, technical details of each evaluation mission in the framework of the Schengen evaluation in 2013."

EU: Council of the European Union: Draft Council Conclusions calling for an update of the EU Strategy for Combating Radicalisation and Recruitment to Terrorism (9447/13, pdf) "Coreper is requested to invite the Council to agree on the conclusions as set out in Annex."

Northern Ireland: G8: New laws will allow government to shut down mobile phone network as security preparations step up a gear

As the G8 summit in Enniskillen in Northern Ireland draws nearer, it seems that the security operation surrounding the event will be even more stringent than those that normally accompany international political summits.

EU: Council of the European Union v Access Info Europe: Opinion of Advocate General Cruz Villalón (link)

"In the light of the foregoing considerations, I propose that the Court should:

(1) Dismiss the appeal;
(2) Order the Council to pay the costs."

EU: Implementing the "solidarity clause": EU secret service to be reinforced?

The "solidarity clause", known more formally as Article 222 of the Lisbon Treaty, regulates the use of police, secret service and military means in case of a crisis within the EU. The EU Commission and the EU High Representative for Foreign and Security Policy issued a proposal in December for the legal implementation of the clause.

UK: Jimmy Mubenga inquest: he was asking for help and did not get it, wife says (Guardian, link)

Mubenga, who was being deported to Angola, died on a plane at Heathrow airport after being restrained by security guards.

Statement of Adrienne Makenda Kambana, wife of Jimmy Mubenga (pdf)

UK: Government talks to give Met Police water cannons (Scotsman, link)

"The Metropolitan Police wants to use two German-made water cannon vehicles, each capable of holding 9,000 litres of water...It is understood that the Met had hoped to have the vehicles by next month in case disorder arises from protests planned for London before the G8 summit in Northern Ireland."

UK: Pavement justice: On-the-spot fines & the rule of law (The Justice Gap, link)

"On-the-spot fines have become the ‘penalty of choice’ for a range of public bodies - including police forces fining people for criminal offences, schools fining children for truancy, or local authorities fining people for unlicensed leafleting or dropping a cigarette butt. This is a shady and lawless area, lying on the one hand between the formal system of criminal justice and the court trial, and on the other, between administrative penalties such as parking fines, which have their own forms of regulation and appeal. There is urgent need for reform."

See also: "Belgian ‘municipal fines’ cause growing dissent" article in new Statewatch Journal

Spain: Open Access Now: Access to the Detention centers for foreigners (CIE) of Aluche (Madrid) denied for NGOs and journalists as part of a delegation with Members of the European Parliament (link)

"The denial and the willingness of the government to limit access to only three MEPs and one parliamentarian of Madrid demonstrate the opacity surrounding the functioning of detention centers, repeatedly denounced by civil society, but also by international organizations and national institutions such as the Ombudsman, the Attorney General and the Committee for the Prevention of Torture. This opacity promotes the violation of the rights of detainees in these centers as these authorities, agencies and organisations have already shown and make them incompatible with democracy and the rule of law."

Canada: Troubling new anti-terror provisions pass into law (Muslim Link, link)

"In what some critics called an opportunistic move, the Harper government swiftly scheduled debate on, and passed, new anti-terrorism provisions (Bill S-7) in the wake of the Boston Marathon bombing and the subsequent Canadian arrests of two men alleged to be involved in a plot against VIA Rail.

The most controversial of the provisions - involving preventive arrests (detention without charge for up to three days, followed by release under draconian bail conditions) and secretive investigative hearings, both part of the original Anti-Terrorism Act in 2001 - expired after five years due to a sunset clause. The federal Liberals, who joined with other opposition parties to reject an attempt to revive the provisions in 2007, voted in favour of S-7 under leader Justin Trudeau."

EU: Access Info Europe: New Guide on Access to EU Documents (link)

"The EU has recognised a fundamental right of access to EU documents, but the EU's freedom of information law - which goes by the catchy title of 'Regulation 1049/2001' - remains underused by the population at large. The new guide demystifies the process of asking for EU documents explaining step by step how to make a request."

EU: Field testing: CLOSEYE project puts drones over the Mediterranean

A multi-million euro border control project was launched in Spain at the end of April that will see drones, satellites and aerostats deployed over the southern Mediterranean in an attempt to provide the EU "with an operational and technical framework that increases situational awareness and improves the reaction capability of authorities surveying the external borders of the EU." [1]

EU: European Parliament resolution on the impact of the financial and economic crisis on human rights (pdf)

See: New Statewatch Journal: "Austerity, Civil Liberties & Democracy"

Sweden: We need to end racism now - period (Institute of Race Relations, link) A member of the Swedish anti-racist magazine MANA reflects on the challenges posed by Operation REVA.

UK: Queen's speech revives 'snooper's charter' legislation (Guardian, link) The government appears to have left open the door to the resurrection of the controversial "snooper's charter" bill to track everyone's email, internet and mobile text use.

UK: Tests near completion on new police weapon

On top of CS gas, rubber bullets and Tasers, another "less lethal weapon" that received renewed interest following the August 2011 riots is now in "the late stages of Home Office testing", according to a report in Police Oracle magazine. The Discriminating Irritant Projectile (DIP) can be fired up to 40 metres from a baton gun and releases a cloud of CS (tear gas) particles on impact.

From Countering Financial Crime to Criminalizing Civil Society: How the FATF Overstepped the Mark (Open Society Foundations, link)

"A powerful yet unaccountable global standard–setting body is helping repressive civil society regulations to spread and flourish across the globe. Ben Hayes lifts the lid on the Financial Action Task Force."

Italy: Hearings into abuse at G8 barracks start (Gazzetta del Sud, link)

"Protesters were subjected to "violence and abuse" and "unspeakable behaviour" while being held at a police detention centre in the Bolzaneto barracks during the 2001 Group of Eight (G8) summit in Genoa, a prosecutor said Wednesday. During the first day of proceedings before Italy's top court, Joseph Volpe asked the Court of Cassazione to uphold sentences against 44 defendants held to be civilly responsible for violence against protesters between July 20 and 22, 2001."

See also: Statewatch analysis: Ten years after the G8 Summit in Genoa by Salvatore Palidda, Genoa University (pdf)

INTERPOL: Police information collection and exchange mechanisms across West Africa focus of INTERPOL workshop (link)

Defining national mechanisms and procedures for collecting and exchanging police information for the development of national automated police databases was the focus of the fourth INTERPOL West African Police Information System workshop.

See also: Millions of euros for new police databases in West Africa

EU-USA: "Leaked" Commission EU Negotiating Mandate on EU-USA Trade Agreement (link) Apart from anything else, this presents possible problems for data protection.

EU: EU police agencies reject cost-cutting merger (euobserver, link)

"The European police college Cepol and the EU police agency Europol both formally rejected on Tuesday (7 May) a proposal by the European Commission to merge the two in a cost cutting measure."

See: CEPOL Position Paper: European Commission Package on the creation of a European Agency for Law Enforcement Cooperation and Training (pdf)

"First and foremost, the legal viability is not established. The financial benefits described are not substantiated and the costs of the proposal are inadequately quantified. The proposed governance would seem to be more costly and not in accordance with the requirement to streamline the governance of agencies. Key operational factors such as the likely loss of expertise and Member State engagement are not considered. The use of outdated information and the consequent disregard of more recent data and performance indicators do not provide a sound basis for consideration of the proposal."

EU: European Parliament: Civil Liberties Committee [LIBE] makes it easier to confiscate crooks' assets EU wide (press release, pdf)

"Draft rules to make it easier for national authorities to freeze and confiscate criminals' assets across the EU were beefed up by the Civil Liberties Committee on Tuesday. However, MEPs also sought to safeguard the right to a fair trial. They also called upon member states to use confiscated assets to fight crime and for social projects. The draft law, which must still be negotiated with national governments, is part of a broader EU strategy to fight fraud and corruption."

Statewatch Journal (volume 23 no 1) now available to download

The Statewatch Journal has been redesigned and each issue will now have a thematic focus. This issue looks at the nexus between austerity, democracy and civil liberties in Europe.

EU: Meijers Committee note to the European Parliament on the Smart Borders proposals (pdf)

The Meijers Committee advises the members of the European Parliament to vote against the Smart Borders proposals and expresses deep concerns with respect to the:

- proportionality and practical feasibility of the proposals;
- coherence of the proposals with existing databases;
- applicable standards of data protection for the data subjects;
- conditions for transmission of personal data to third countries;
- broad discretion as regards the issuing of the registered traveler status;
- proposed amendments in the Schengen Borders Code;
- possible access to the Entry/Exit System for law enforcement purposes.

Smart Borders proposals:
Proposal for a Regulation establishing an Entry/Exit System (COM 2013 95, pdf)
Proposal for a Regulation amending Regulation (EC) No 562/2006 (COM 2013 96, pdf)
Proposal for a Regulation establishing Registered Traveller Programme (COM 2013 97, pdf)

See also: Borderline: The EU's New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the "Smart Borders" Proposals (pdf) A study by the Heinrich Böll Foundation written by Ben Hayes and Mathias Vermeulen.

EU: Council of Europe: Outcome report for Eurojust/Academy of European Law (ERA) conference "10 years of Eurojust - operational achievements and future challenges", The Hague, 12-13 November 2012 (8862/13, pdf)

"Introductory remarks were followed by five sessions devoted to specific topics. General conclusions on future perspectives closed the Conference. This report is intended to reflect the main points of the presentations delivered by the numerous speakers taking part in the event..."

EU: Council of Europe: Draft Council Conclusions on strengthening the internal security authorities' involvement in security-related research and industrial policy (8985/13, pdf) "Coreper is requested to invite the Council to adopt the draft Council conclusions as set out in annex."

See also: EU: Crystal balls: internal security authorities want "technology foresight"

EU: Council of Europe: DAPIX: Draft Council Conclusions following the Commission Communication on the European Information Exchange Model (7226/2/13, pdf)

"The Presidency submits herewith draft Council Conclusions on enhancing efficient cross-border information exchange in the area of law enforcement information."

EU: Council of Europe: EMCDDA-Europol 2012 Annual Report on the implementation of Council Decision 2005/387/JHA (8997/13, pdf)

"This report presents the activities implemented by the EMCDDA [European Monitoring Centre for Drugs and Drug Addiction] and Europol in 2012 in support of Council Decision 2005/387/JHA on the information exchange, risk assessment and control of new psychoactive substances."

EU: Council of the European Union: Data protection: Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) - Specific issues (8825/13, pdf)

"This package comprises two legislative proposals based on Article 16 TFEU, the new legal basis for data protection measures introduced by the Lisbon Treaty...The following items are submitted to COREPER for consideration:
- Material scope
- Territorial scope
- Definition of consent
- Data processing principles
- Freedom of expression and access to public documents."

UK: Institute of Race Relations: This week, we publish a briefing paper on the future of human rights in Britain, written by the IRR’s vice-chair, Frances Webber (press release, link)

"With nativism, racism and fascism on the rise throughout Europe, informing government policies towards migrants and other unpopular minorities as well as popular right-wing, anti-immigrant, anti-Muslim and anti-Roma movements, the European system of human rights is vital. But, since taking office in September 2012, Conservative justice minister Chris Grayling has made no secret of his desire to get rid of the Human Rights Act and to ‘dramatically curtail’ the role of the European Court of Human Rights Act in the UK."

EU: Is this what democracy looks like? Claiming democratic control over EU trade and investment policy-making (Alternative Trade Mandate working paper, pdf)

"As part of the Alternative Trade Mandate Alliance1, a working group2 has drafted the following paper, which addresses firstly, what we see as the problems with the EU’s trade and investment policy-making process as it is now, and secondly, our vision for what a transparent, democratic and accountable alternative to this process could look like."

EU: Data Retention Directive: Request for a preliminary ruling from Austria lodged on 28 January 2013 (Case C-64/13, pdf)

Background: Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (pdf)

EU: Council of the European Union: European Crime Prevention Network: Annual Report of Activities in 2012 (7064/13, pdf) Work Programme 2013 (7065/13, pdf)

EU: Data protection: Interoperable police systems could be unlawfully accessed, warns EU privacy body (Out-law, link) European Data Protection Supervisor opinion on the European Information Exchange Model (full text, pdf)

"European Data Protection Supervisor (EDPS) Peter Hustinx, who advises EU bodies on data privacy issues, said that making systems interoperable with one another could lead to police databases being used for different purposes for which they were originally established. This would run counter to EU data protection laws, he said."

Background:

EU: Commission rules out new law enforcement databases - but seeks more data for Europol

EU: Communication from the Commission to the European Parliament and the Council – Strengthening law enforcement cooperation in the EU: the European Information Exchange Model (pdf)

Increasing Resilience in Surveillance Societies (IRISS): Call for contributions (pdf)

"IRISS is a European Commission funded research project involving 16 universities throughout Europe that seeks to question the impact of surveillance. The project aims to better understand attitudes toward surveillance and monitoring in contemporary Europe...We would like to hear some of your views on how surveillance may impact on your everyday life and how you feel about that."

EU: The EP Committee rejects the proposal for a European passenger name record system (EAFSJ blog, link)

"The LIBE negative vote, even if expected, has created some concerns on the Commission side. However Commissioner Cecilia Malmström still believes that a solution can be found before the plenary vote since “it is the only way of avoiding the fragmentation of PNR systems and of effectively protecting personal data.” In the coming weeks it will be clear if the Commissioner position is well founded or if supplementary work will be needed or a final negative vote will close the procedure"

Italy: Ex-police in Genoa G8 beatings assigned social work (Gazzetta del Sud, link) "Three policemen found guilty by Italy's highest appeals court in 2012 of grievous misconduct for beatings at the 2001 G8 summit in Genoa have been assigned social-service duties by a tribunal in the northern Italian port city."

Germany: German police hope to use new spyware (Deutsche Welle, link) "German investigators are hoping to gain greater access to telecommunications data in order to combat terrorism. But there is controversy over the spyware they want to use to keep tabs on private computers."

See also: German surveillance is used against dissidents (Deutsche Welle, link) and Statewatch analysis: State Trojans: Germany exports "spyware with a badge" (pdf)