Asian Legal Review

(Nov. 19, 2014) On November 6, 2014, the legislative department of the State Council of Egypt (a judicial organ) approved a draft law banning the publication in media outlets of any information concerning the armed forces. The State Council referred the draft law to the Council of Ministers, the country’s Cabinet, for further debate and final approval. (The State Council Refers a Draft Law Banning the Publishing of Any News Related to the Armed Forces to the Council of Ministers [in Arabic], AL MASRY AL YOUM (Nov. 6, 2014).)

Highlights of the Draft Law Provisions

The draft law prohibits the publication without permission of any information or news about the armed forces in daily and weekly newspapers, on TV and radio channels, and also on social media websites such as Facebook, Twitter, and Instagram. (The Final Text of a Draft Law on the Prohibition of Publishing News on the Army [in Arabic], AL BAWABA (Nov. 9, 2014).)

The draft law also requires that advance permission be obtained from the General Command of the Armed Forces before the following kinds of information are published: the number of Egypt’s military units, statistics or data on the movement of forces, the performance of those forces, military strategies, and “any other information that might harm the security of the members of the armed forces.” (Id.)

The draft law imposes sanctions against individuals who violate the prohibition. The sanctions include a term of imprisonment of six months to five years, in addition to a fine of L.E.10,000-L.E.50,000 (about US$1,403-$7,013). If the violation takes place during a time of war or a state of emergency, the penalty will be increased to long-term imprisonment and a fine of L.E.100,000-L.E.200,000. (Id.)

Civil Society Reactions to the Draft Law

According to news reports, human rights groups have denounced the draft law. They consider it to be one of a series of recent measures adopted by the Egyptian authorities to extend military control over the country’s media outlets. The rights groups also claim that the draft law will eradicate the freedom of speech gained after the January 25, 2011, revolution against former President Hosni Mubarak’s regime. A representative of what is known as “the Association for Freedom of Thought and Expression,” a Cairo-based organization, commented that if such a law is approved by the Council of Ministers, it would constitute an infringement of the Egyptian people’s right to access information and right of free speech. (Patrick Kingsley, Egypt Mulls Military News Ban, GUARDIAN (Nov. 7, 2014).)

On the other hand, 17 editors of major state and private newspapers recently agreed to avoid criticizing the performance of certain government agencies. They announced their “rejection of attempts to doubt state institutions or insult the army or police or judiciary in a way that would reflect negatively on these institutions’ performance.” (Id.)

(July 8, 2014) Authorities from the United States and Mexico recently signed a Memorandum of Understanding (MOU) that will allow these two countries to work together in the prevention of the proliferation of weapons of mass destruction (WMD) and related technologies and goods. (Press Release, Embassy of the United States in Mexico, U.S. Embassy and SAT Sign Agreement for Closer Cooperation on Counter Proliferation (Apr. 25, 2014).)

Specifically, the MOU provides conditions under which Mexico’s Customs Administration and the U. S. Department of State’s Export Control and Related Border Security program (EXBS) may collaborate in matters related to global, national, and regional threats derived from illegal transfers of these assets. (Id.)

The EXBS program aims at disrupting dangerous transfers and accumulations of conventional weapons and preventing the proliferation of WMD through the establishment of trade control systems in countries that produce, possess, or provide these items or that serve as transit points for them. (Export Control and Related Border Security Program, U.S. Department of State website (last visited July 7, 2014).)

A press release issued on the occasion of the signature of the MOU explains that since 2005, the EXBS program has assisted Mexico in its counter-proliferation efforts in a variety of ways, including:

· sponsoring and conducting several relevant workshops and courses;
· training over 1,800 Mexican officers in a wide variety of counter-proliferation topics, including WMD interdiction and commodity identification; and
· donating several radiation detectors and chemical and radiological identification equipment to the Mexican government. (Press Release, supra.)

The two countries also recently signed a Declaration of Principles agreement that provides several measures on joint border management and security. (Press Release, Embassy of the United States in Mexico, DHS Secretary Jeh Johnson Signs Updated Declaration of Principles Agreement with Minister Luis Videgaray (Mar. 20, 2014).)

This agreement provides that the U. S. Department of Homeland Security and Mexico’s Department of the Treasury will collaborate on a number of goals, including:

· development of a single customs manifest that complies with Mexican and U.S. applicable customs requirements for imports and exports;
· increasing the exchange of information in money laundering and trade investigations;
· implementation of pre-inspection programs aimed at facilitating trade; and
· identification of bilateral initiatives and programs to strengthen law enforcement collaboration and improve border operations. (Id.)

(Sept. 26, 2013) The Mexican government recently announced that it has been formally admitted as a member of the 42-member Australia Group (AG). (Press Release, Mexican Department of Foreign Affairs, México Ingresa Formalmente al Grupo Australia (Aug. 12, 2013).)

The AG countries, on a voluntary and cooperative basis, work to prevent the dissemination of technologies, materials, and equipment that may allow terrorists or states to acquire or develop biological or chemical weapons. (Press Release, AG, Mexico Joins the Australia Group (Aug. 12, 2013).)

The Mexican government indicated that, in order to join the AG, it was necessary to work for more than two years to make the country’s legal framework compliant with applicable international export control standards. (México Ingresa Formalmente al Grupo Australia, supra.)

According to the AG press release issued on the occasion,

As an AG Participant, Mexico would also promote the fulfilment [sic] of international obligations created under the Biological Weapons Convention (BWC), the Chemical Weapons Convention (CWC) and UN Security Council Resolution 1540, among others.

With its admission into the AG, Mexico has demonstrated the will to implement rigorous controls of high standards in international trade, and its capacity to adapt its national regulatory system to meet the necessities of its expanding economy.(Mexico Joins the Australia Group, supra.)

(Mar. 10, 2010) On March 9, 2010, Asia Catalyst, “a resource for grassroots groups working for economic and social rights in Asia,” announced the launch of its free Asia AIDS Law Database, in a “public beta” version searchable in English and Chinese. An Asia Catalyst press release states that the new database, which has HIV/AIDS-related statutes (more than 100 from throughout Asia), is the first of its kind. (Press Release, Asia Catalyst, Asia AIDS Law Database Launches Online (Mar. 9, 2010), available at http://www.asiacatalyst.org/news/YZDC_database_pr_web.pdf; Posting of Donald Clarke, dcclarke@YAHOO.COM, to CHINALAW@HERMES.GWU.EDU (Mar. 8, 2010) (on file with author).) The records, which are all in English, range from Cambodia's draft law on drug control to the 2007 Laotian Law on the Protection of the Rights and Interests of Children to the national HIV/AIDS policy of Bangladesh. (Id.)

According to Ken Oh, editor of Asia Report (Yazhou Diaocha), the database's host site, “[t]he database will enable lawyers to analyze AIDS-related laws, and use them in their own advocacy … . Asian AIDS activists tell us that some governments are more responsive to model language from another Asian law.” (Id.)

The database has drop-down menus with a selection of countries (22 jurisdictions are listed), subject matter, and levels of government. The search results are in the form of the title of the law or policy and a hyperlink to its location online. Below the “Search for Laws” section, the database home page displays “Recently Added Laws” (but not necessarily recently enacted), with hyperlinks to more information and the text. (Asia AIDS Law Database, http://www.yazhoudiaocha.com/laws/ (last visited Mar. 10, 2010).)

(May 2, 2008) On April 8, 2008, the Mozambican Republic Assembly ratified the Comprehensive Nuclear Test Ban Treaty, becoming the 145^th state to do so. According to the treaty, Mozambique cannot carry out any tests involving the explosion of nuclear weapons or any type of nuclear explosion; it is obligated to avoid such explosions in any place under its jurisdiction or control; and it must not encourage other nations to carry out nuclear explosions. (Maputo Ratifica Tratado de Interdição de Testes Nucleares, NOTÍCIAS LUSÓFONAS, Apr. 8, 2008.)

(Nov. 2, 2007) The Sri Lankan government has issued a special provision under the existing Emergency Regulations on Arms Trading. According to Basil Rajapaksa, a new Member of Parliament, the provision will eventually be enacted as law. The purpose is to prohibit any Sri Lankan from taking part in arms deals, whether within the country or abroad, with the goal of making it impossible for citizens or companies to act as middlemen in the arms trade. (New Regulation to Block Arms Deals, SOUTH ASIAN MEDIA NET, Oct. 10, 2007, available at http://www.southasianmedia.net/index_story.cfm?id=433392&category=Frontend&Coun
try=SRI%20LANKA.)