FXI on US government's ideological exclusion of Adam Habib PDF Print E-mail
Tuesday, 06 November 2007

The Freedom of Expression Institute (FXI) is concerned about the reasons given by the United States (US) Department of State to University of Johannesburg Deputy Vice Chancellor, Professor Adam Habib, for his being denied entry into the US. Habib is a political scientist and prominent political commentator.

Sign the petition against ideological exclusions by the US

The reasons were sent to him by the US Consulate General in Johannesburg on October 26, 2007, following an application from Habib for a waiver of his ineligibility to enter the US.

In its letter to Habib, the US government upheld the ban on his entry into the US, citing a section of the US Immigration and Nationality Act which relates to terrorist activities.

The section states that any 'alien' who has engaged in a terrorist activity, or who the US believes to be a terrorist threat or who has signalled an intention to engage in terrorist activity, can be denied entry.

The section adds that anyone who is a representative of a foreign terrorist organisation, or an organisation that endorses terrorist views, or who has used his/ her position of prominence within any country to endorse or espouse terrorist activity, can also be excluded. The letter does not make it clear how Habib is supposed to have violated this section.

Habib was denied entry to the US last year, after having been invited to participate in a panel discussion on globalisation and South African social movements by the American Sociological Association (ASA).

The American Association of University Professors (AAUP) also invited him to its 2008 Annual General Meeting, to discuss US travel bans on international scholars who are critical of US foreign policy.

The ban prevents Habib from honouring these speaking engagements. This in turn denies US citizens the right to hear him, which interferes with their US first amendment right to freedom of speech.

The FXI further believes that the banning of Habib is part of a pattern where the US government denies entry to prominent individuals who have criticised US foreign policy. This practice has been termed 'ideological exclusion', and amounts to censorship of views it does not agree with, in the process ensuring that critical debate amongst academics cannot take place.

The American Civil Liberties Union (ACLU), which has taken up Habib's case in the US, has argued that the above mentioned section of the Immigration Act is nominally aimed at those who 'espouse or endorse terrorist activity', but it is vaguely written and easily manipulated to exclude the US government's critics, who are branded terrorists simply by virtue of being critical.

In fact, according to the ACLU, the State Department's foreign affairs manual interprets the section to apply to foreign nationals who have voiced 'irresponsible expressions of opinion'. The practice of ideological exclusion is therefore a violation of freedom of expression and academic freedom.

Recently, Swiss academic Professor Tariq Ramadan was denied entry to the US under its ideological exclusion programme, which cited the same provision in the above mentioned Act.

It is also noteworthy that Habib is Muslim, and this combined with his critical stance on aspects of US foreign policy may well have contributed to his being 'profiled' as a potential terrorist.

A further concern in this case is that Habib’s wife and two children have also been banned from entering the US. Even if any legitimate reason did exist for the US to rule Habib’s entry into that country inadmissible, it is alarming that the US authorities then extend a ban onto his family as well, while they have been innocent of any wrong-doing.

The FXI calls on the South African Ministry of Foreign Affairs to take the matter up with the US government, and to seek a review of the ban. If Habib has been banned on the basis of ideological exclusion, then the Ministry has a duty to protect the freedom of expression of its citizens, including in the international arena.

The FXI is also seeking a meeting with Deputy Minister of Foreign Affairs Aziz Pahad, to make representations to him in this regard. The FXI also supports the attempt by the ACLU to have the decision reviewed.

 

Readers have left 7 comments.
 1. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered
The Freedom of Expression Institute is calling upon Deputy Minister of Foreign Affairs Aziz Pahad to intervene on Prof Adam Habib's behalf regarding the refusal to give him a US entry visa. Although it appears to be based on the notion that Habib might be involved in terrorist activities, The FXI believes that the real reason is that Habib is a leading Muslim South African critic of US foreign policy.

However, it seems strange to exclude Prof Adam Habib on either basis when President Ahmadinejad was recently given entry and a platform to speak at Colombia University.

Perhaps the real reason is more complicated. Prof Adam Habib has been influential in moulding South Africa's foreign policy and this might be why The US has decided to exclude him from their shores. Following this logic, the US might, in fact, be informing South Africa that it does not, like most of the western world, approve of its close links to Iran and Hamas. After all, Minister of Intelligence, Ronnie Kasrils has recently done his best to foster good relations with these regimes on visits both to Tehran and Gaza.

Pretoria has inevitably made enemies in Washington and, like it or not, Prof Adam Habib has paid the price. It might be that The US believes that Habib has indirectly used his position of prominence within South Africa to endorse or espouse terrorist activity, emanating from Iran and Hamas, and as a result should be excluded.

Of course it would be wrong to fall for The FXI's argument that this issue is really all about freedom of expression. The FXI is, once again, following a narrow political agenda; it recently backed Prof Abib as a nominee for The SABC's board and it is evident that The FXI implicitly supports Prof Habib's foreign policy ideas.

Would The FXI come to my aid if I ever had an opportunity to apply for an Iranian visa in order to attend public meetings in Tehran criticizing Ahmadinejad's foreign policy? Would The FXI take the matter up with Aziz Pahad? And if I ever actually gained accessed to such forums (non-existent!) in Iran, and inevitably ending up in a Tehran Jail, would Jane Duncan and Na'eem Jeenah of The FXI fight at the highest levels for my release ?
 Posted 2007-11-07 16:53:14
 2. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered
Dear Jane Duncan,

I am applying for an Iranian visa having been invited to speak by the revolutionary guard at Tehran University on the reasons why Ahmadinejad's nuclear policy should be reversed. I am also hoping to lecture various Ayatollahs in Ishfahan and Qom.

Like you, I do not believe all the nonsense about political dissidents, or anyone else, being thrown into jail and tortured in Iran.

If for any reason I am refused a visa to Iran, will The FXI take up my case, as you have just done for Prof Adam Habib re the US, with deputy Foreign Minister Aziz Pahad ?

viva etc
blacklisted etc
 Posted 2007-11-07 18:05:11
 3. BLACKLISTED DICTATOR
FIX THE FXI, Unregistered
I wonder whether the US will support South Africa in its goal to get a permanent seat on The United Nations security council.`
Interesting to also consider whether Prof Adam Habib might have helped to influence South Africa's appalling voting record at The United Nations.
The "Habib" case raises manty important issues and if Deputy Foreign Minister Aziz Pahad takes up the case on Adam Habib's behalf, South Africa might alienate the US even further and, by doing so, negate her dream of a permanent seat on The UN security council.
 Posted 2007-11-09 10:51:36
 4. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered
Perhaps Prof Habib can ask deputy foreign minister Aziz Pahad to contact the Iranian ambassador regarding the case of Delaram Ali?
Prof Habib has been influential in encouraging South Africa to adopt an anti-US pro Iranian foreign policy and as a result has a moral obligation to intervene...

BBC WEBSITE
Many Iranian women say their rights have been stamped on
Seven human rights groups including Amnesty International have urged Iran to set aside a prison sentence for women's rights activist Delaram Ali.
She has been ordered to begin her sentence of two-and-a-half years in prison and a flogging on Saturday.

Ms Ali, 24, joined a protest last year calling for greater legal rights for Iranian women.

Dozens of journalists and activists have been detained or jailed recently, accused of acting against the state.

Police broke up the demonstration Ms Ali was part of last year which called for greater rights for women in Iran's Islamic legal system.

Ms Ali says the security forces broke her left hand when they beat up the demonstrators.

Chilling warning

Delaram Ali has been free while awaiting the result of an appeal.

But she has now been told to give herself up by Saturday so the sentence can be implemented.

She says she has not been allowed to file a complaint against the police.

Instead an internal inquiry recently exonerated the police even though foreign journalists witnessed them beating the women who were singing feminist songs while sitting peacefully on the grass in a public square.

What is notable about Delaram Ali is that she is not a well-known leader of Iran's feminist movement who has repeatedly challenged the government.

The BBC's Frances Harrison says her punishment will be a chilling warning to anyone thinking of dabbling with politics.

It comes as the Iranian Writers Association has talked of the increasing suppression of the press - with writers, journalists, academics, labour and social activists being arrested and newspapers closed down one after another.

One of Iran's most outspoken human rights activists, Emadeddin Baghi, was arrested last month and there has been no news of him since.

He was a man who tirelessly campaigned for the rights of political prisoners - only to become one himself, our correspondent says.

Courts have also recently upheld jail sentences for the leaders of Iran's bus drivers' union and teachers' organisations after protests over low pay.
 Posted 2007-11-10 15:19:59
 5. BLACKLISTED DICTATOR
FIX THE FXI, Unregistered
FIX THE FXI is calling upon Na'eem Jeenah (director of the Freedom of Expression Institute) to demand the immediate release of Delaram Ali in Iran.

Na'eem Jeenah is particularly interested in "Islamic Feminism' and has produced a MA political science thesis on the subject so he should, of course, be demanding the release of a 24 yrs old Iranian Muslim woman.

Delaram Ali has been sentenced in Iran to a 2yrs 6mths prison sentence and a flogging for campaigning for women's rights.

In the circumstances Na'eem Jeenah and Jane Duncan of The Freedom of Expression Institute should immediately ask deputy foreign minister Aziz Pahad to contact the Iranian ambassador with regard the imprisonment and flogging of Delaram Ali.

Na'eem Jeenah is also interested in Islamic jurisprudence and he should immediately consider whether a "flogging" is an appropriate punishment.

If both Jane Duncan and Na'eem Jeenah remain silent, it will be further evidence that the organization that they represent (FXI) should be renmamed The Freedom of Censorship Institute.

 Posted 2007-11-10 19:43:34
 6. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered
Will The ACLU win the Habib case ?
Well, it seems that they are not always successful. Take a look at this...
US Border Inspections of Muslims OK (Tue, Nov 27, 2007)
Another defeat today for the NYCLU and CAIR, as an appeals court ruled that the government acted correctly when interrogating a group of Muslims returning to the US from a radical Islamic conference in Toronto: Court says US border inspections of Muslims were allowed.
NEW YORK: U.S. immigration authorities acted constitutionally when they subjected dozens of people returning from an Islamic convention in Canada to screening tactics usually reserved for people suspected of being terrorists, an appeals court said Monday.
The court upheld the conclusion of a federal judge that the 2004 inspections, which involved frisking and fingerprinting, did not violate U.S. constitutional rights to practice religion and avoid unlawful searches. “We do not believe the extra hassle of being fingerprinted and photographed — for the sole purpose of having their identities verified — is a significant additional burden that turns an otherwise constitutional policy into one that is unconstitutional,” a three-judge panel wrote.
The New York Civil Liberties Union had sued on behalf of five New York residents who attended the “Reviving the Islamic Spirit” conference in Toronto. The NYCLU sought a court order to prevent similar inspections, along with destruction of personal information collected during the stops.
The residents were searched after telling border officers they had attended the Islamic conference. They were frisked, fingerprinted and photographed, and their cars were searched. They were required to fill out several forms and were questioned about their past travels, what occurred at the conference and why they attended it. Each plaintiff was detained and searched for between four and six hours, after which he or she was released into the United States, the appeals court said.
 Posted 2007-11-27 23:57:29
 7. FIX THE FXI
BLACKLISTED DICTATOR, Unregistered
ACLU is not only defending Habib..
April 4, 2008
The American Civil Liberties Union, which for years has scorned Pentagon military commissions as "kangaroo courts,'' announced Friday that it will try to provide top civilian defense attorneys for alleged terrorists facing trial at Guantanamo Bay, Cuba — including the alleged mastermind of the Sept. 11, 2001, terrorist attacks.
Former Attorney General Janet Reno is among top lawyers who've endorsed the $8.5 million effort, which will help coordinate and defray the expenses of civilian defense attorneys working on the terrorism cases. Under the military commissions scheme, the Pentagon won't reimburse volunteer civilian attorneys for their expenses.
ACLU Executive Director Anthony Romero said a major thrust of the effort will be to defend Khalid Sheik Mohammed, who military officials say has confessed to masterminding the 9-11 attacks and several other terrorist acts, including the beheading in Pakistan of Wall Street Journal correspondent Daniel Pearl.
The ACLU chose to focus on Mohammed's defense, Romero said, because he appears to be "the government's top priority in the prosecution. And whether or not they are able to convict Khalid Sheik Mohammed under these rules may well determine the fate of the almost 300 other men who are detained at Guantanamo.''

 Posted 2008-04-06 22:07:52
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