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Showing posts from March 3, 2018

Transition trouble: on the emergency in Ethiopia

The ruling front in Ethiopia should make political succession less autocratic The state of emergency reimposed after Hailemariam Desalegn’s resignation as Prime Minister in mid-February marks a reversal in Addis Ababa. It was in August last year that the Ethiopian People’s Revolutionary Democratic Front government had lifted an emergency clamped in 2016. In January, it released thousands of protesters, including top politicians and journalists. Most of those imprisoned had been accused of treason, terrorism and other criminal acts, charges that drew wide international condemnation. Together, these moves were regarded as an attempt at national reconciliation showing a willingness to usher in a more open and participatory political process after nearly three years of political unrest. But recent events suggest that the state is prepared to unleash further repression when it fails to quell protests. Underlying the discontent is the uneven nature of distribution of the benefits of econom

Fear of forfeiture: on the Fugitive Economic Offenders Bill

PNB-Nirav Modi case It is unclear whether the threat of confiscation of property will encourage fugitives to return Given the apparent ease with which economic offenders flee India and cock a snook at the banking and judicial systems, the proposed law to seize their wealth is undoubtedly a welcome measure. In fact, given the public disquiet over the apparent impunity enjoyed by billionaire fraudsters living in the safety of foreign climes, any new law is likely to be viewed in a positive light. However, its success rides on the slim hope that the threat of confiscation of property will act as a serious deterrent to those seeking to flee or as a big incentive for fugitives to return. Legal provisions to confiscate the assets of offenders already exist, but these are regarded as somewhat inadequate. The Fugitive Economic Offenders Bill, which has been cleared by the Cabinet, aims to make up for the shortcomings and provide a fresh legal framework that would enable the confiscation of

Staying ahead of the double helix

India needs a law against genetic discrimination. There are enough models available globally The Delhi High Court recently ruled against discrimination in health insurance by United India Insurance Company involving a person with a heart condition which was perceived to be a genetic disorder. The court held, “Discrimination in health insurance against individuals based on their genetic disposition or genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia, is unconstitutional.” While the specific features of this case may depend on clauses in the original policy, this is a critical court decision around the broader question of discrimination on the basis of one’s genetic predisposition. As technology for genetic testing and tools to gather family history and compile them in databases become cheaper and more widespread, it becomes imperative that due social and ethical consideration be given to genetic discrimination as the implica