By Alyson Drake
This year’s Jurisdictions Interest Groups Joint Meeting was a fantastic opportunity to hear from our FCIL-SIS colleagues on interesting topics and interest group projects.
Jennifer Allison from the European Law Interest Group kicked off the meeting with an informative discussion of recent changes to German asylum law. First, Jennifer explained that asylum for the politically persecuted is a constitutional right in Germany, under Grundgesetz article 16a. She highlighted three 2016 laws related to German asylum law:
- The Data Exchange Improvement Act, aimed at improving procedures for the exchange of data between government groups and other entities dealing with refugees;
- The Act Introducing an Accelerated Asylum Procedure, which explains how accelerated asylum procedure will work for those cases where a fraudulent application for asylum is expected or where there’s a potential risk to the safety of the country by an applicant; and
- The Act Simplifying Expulsion of Foreign Criminals and the Broadened Suspension of Refugee Recognition for Criminal Asylum Applicant, which amends earlier asylum laws.
She also discussed the Integration Act, the latest asylum legislation, which has yet to come into force and encourages asylum seekers and grantees to participate in training programs to help integrate them into German culture.
Jennifer also provided a handout with various German law sources and other helpful sources, which can be found on her German Law Research Guide; it includes a section on German asylum law. She also highly recommended following Jenny Gesley, who is the German Law Specialist at the Library of Congress, on Twitter for updates relating to German law. One other resource she highly recommended is the Linguee German-English Dictionary, which gives good examples of legal terminology in context.
Next up were Juice Lee and Steven Alexander de Costa, speaking on behalf of the Latin America Interest Group. They presented the IG’s progress on the “Guide to Legal Research on Cuba.” The guide will include information on Cuba’s history and Cuban law. It will also include both Spanish and English language resources. The expected completion date of the guide is September 1st, 2016, and the group is still deciding on where to publish the guide after completion.
Steven discussed a little about his experiences working on the legal history portion of the guide. He explained that the project was unique because materials relating to Cuba’s legal history weren’t widely available, particularly in English. He noted that he learned some interesting facts about Cuba’s legal history, including that the modern history of Cuba began with the 1959 revolution, and that the legal system entwines both civil and socialist law, as well as some common law. Interestingly, Cuban law still owes a lot to Spanish civil codes.
In the discussion that followed the update, it was noted that LLMC is currently working on digitizing approximately 200 Cuban materials, and that the National Library of Cuba has joined to cause and is helping find rare titles and more materials. Teresa Miguel-Stearns also briefly discussed her recent trip to Cuba.
The third speaker was Yemisi Dina from the Africa Interest Group, updating the group on completing phase one of her the South Western Nigeria digitization project. One recent development is that she’s created a blog, digesting cases before customary courts in two cities in South Western Nigeria.
Yemisi shared several observations with the group:
- Customary law has a future in the legal system of Nigeria and other African countries. Customary courts are disorganized, but the government is interested. Yemisi noted that the government put a structure together for her to visit.
- The resolution process is open to everyone, not just certain demographic groups. Yemisi observed that educated people are using the customary courts to resolve their disputes.
- The majority of issues before the customary courts are divorce; rent; and child custody. Yemisi mentioned that land disputes used to be before the courts a great deal, but that those disputes have died down.
- The courts face several challenges, including financial issues, as they are not funded by the government; limited resources, such as courts having only one staff person working at the court; and a lack of technology.
Yemisi welcomes comments about and suggestions for her project.
Finally, Steven Perkins from the Indigenous Peoples Interest Group gave an interesting talk on some of the issues regarding DNA testing of Indigenous Peoples.
First, Steven discussed some of the different types of DNA testing that can take place, including the testing that can be done to determine the ethnic groups from which a person gets their DNA. Next, Steven provided a brief history of the relationship between scientists and Native American tribes, namely that scientists have been analyzing tribe blood over the last 50 years, but that some challenges arose in how scientists were using their samples. Scientists conducted research beyond the scope of what they told the tribes would be done, gave samples out to other scientists, and moved around the blood samples to different schools. As such, the tribe had to set some boundaries and recollect the blood that had been passed around. As such, tribes have created a guide to decide how to approach these situations. The guide is found on the National Congress of American Indians website. Most notably, the tribes keep the data and keep custody of the samples, and have procedures for determining whether a person is part of a particular tribe.
Thank you to all the speakers for presenting such a robust Jurisdictions IG meeting!