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Texas anti-abortion law shows ‘terrifying’ fragility of women’s rights, say activists | Global development

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The new anti-abortion law in Texas is a “terrifying” reminder of the fragility of hard-won rights, pro-choice activists have said, as they warn of a “more aggressive, much better organised [and] better funded” global opposition movement.

Pro-choice campaigners have seen several victories in recent years, including in Ireland, Argentina and, most recently, Mexico, where the supreme court ruled last week that criminalising abortion was unconstitutional. Another is hoped for later this month when the tiny enclave of San Marino, landlocked within Italy, holds a highly charged referendum.

But Texas’s law, which bans abortions after about six weeks, once embryonic cardiac activity is detected, and does not make exceptions for incest or rape, has sent shock waves around the world, making pro-choice activists realise they can take nothing for granted.

Sarah Shaw, head of advocacy at MSI Reproductive Choices, said: “Even though we have seen little gains here and there, in some places, we can never, ever be complacent because we’re only ever really hanging on to these rights by the skin of our teeth.”

She said the Texas law was “really terrifying” because of the emboldening message it sent to other anti-choice governments and organisations, with the fact it had happened in the US giving it “a huge weight and legitimacy”.

“This is all happening in the context of a rising, much more aggressive, much better organised, better funded and much more legitimised opposition movement than we’ve ever seen before,” Shaw said.

Pro-choice campaigners say they have faced increasingly vocal opposition from organisations that started on the US religious right but have spread to other countries, such as 40 Days for Life, a group that distributes graphic and misleading leaflets to women outside UK abortion clinics.

Heartbeat International, a conservative US Christian federation, funds and coordinates a network of anti-abortion “pregnancy resource” centres, many of them in sub-Saharan Africa, to provide women with what it calls “true reproductive help”.

“It’s a transnational movement now,” said Shaw. “What we’re seeing is them [US organisations] exporting their playbooks and their money overseas.”

Abortion-rights activists in Buenos Aires celebrate as Argentina’s Congress voted to legalise elective abortion.
‘Green wave’ abortion-rights activists in Buenos Aires celebrate as Argentina’s Congress voted to legalise elective abortion last December. Photograph: Natacha Pisarenko/AP

Attacks on abortion rights usually happen in countries where other human rights are under threat, according to analysts. Last year, more than 30 countries, many of them led by authoritarian strongmen or rightwing populists, including Belarus, Uganda, Hungary, Egypt and Donald Trump’s US administration, signed a non-binding anti-abortion document known as the Geneva consensus declaration. The text was also seen as being anti-LGBTQ, as most of the signatories had not legalised same-sex marriage and several prosecute their LGBTQ+ citizens.

In one of his first acts as president, Joe Biden removed the US from the declaration in January, as well as ending the Mexico City policy, known as the “global gag rule”.

Among the signatories was Poland, which is one of only three countries to have significantly rolled back abortion rights since 2000, according to the Guttmacher Institute. The other two are Nicaragua and the US.

In October last year, Poland’s constitutional tribunal ruled that terminations due to foetal defects were unconstitutional. Three months later, a near-total ban on abortions was imposed. Abortion is now only legal in the case of rape, incest or a threat to the mother’s health.

Meanwhile, human rights observers have said that a Nicaraguan law punishing abortion without any exceptions, passed in 2006, has simply forced women to seek unsafe backstreet terminations.

Marge Berer, coordinator of the International Campaign for Women’s Right to Safe Abortion, said setbacks were all too common, with breakthrough moments often followed by backlashes.

A protest against restrictions on abortion in Krakow in March. Poland has imposed a near-total ban.
A protest against restrictions on abortion in Krakow in March. Poland has imposed a near-total ban. Photograph: Beata Zawrzel/NurPhoto/Rex/Shutterstock

“My experience of this is one step forward, two steps forward, or one step back, 10 steps back,” she said. “And much of it, if not all of it, depends on who is the head of the government of the day.”

Berer, who has been involved in the pro-choice movement for almost 40 years, said the overall picture was brighter than it had been then: fewer deaths from unsafe abortions, and many more countries where terminations are legal.

But, she added, she was not hugely optimistic about the future. “There’s so much misogyny in the world. And I don’t know how anybody is going to make that go away,” she said. “For me, that’s the real problem. It’s that when misogyny takes over on a policy level, it’s very nasty.”

However, there is more hope among activists in Latin America, where the marea verde, or green wave, has swept through first Argentina and, last week, Mexico, where the supreme court struck down a state law that imposed prison terms for having an abortion. While it did not automatically legalise abortion, the decision is thought to set a binding precedent for the country’s judges.

Eugenia López Uribe, regional director of the International Planned Parenthood Federation, said the legal change was the result of “40 years of hard work” by campaigners, with mass demonstrations, backroom lobbying and “a mainstreaming” of women’s rights in public discourse.

She said the ability of the Catholic church to tell people what to do when it came to abortion and contraception had been greatly reduced. “What we know from different surveys … is that in reality Catholics … feel that this is a private decision that you have to do with your own conscience.”

As women in Texas bear the brunt of the law brought in by the governor, Greg Abbott, their Mexican allies across the border were planning to take the fight north, she added.

“The ‘green wave’ hasn’t reached the United States so this is a very good opportunity for [it] to cross the border of the Rio Grande and go to the United States. We can make it go even further. We’ve been used to thinking about it in Latin America. Now is the time for North America.”

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Too hot to handle: can our bodies withstand global heating?

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Extreme heat can kill or cause long-term health problems – but for many unendurable temperatures are the new normal

The impact of extreme heat on the human body is not unlike what happens when a car overheats. Failure starts in one or two systems, and eventually it takes over the whole engine until the car stops.

That’s according to Mike McGeehin, environmental health epidemiologist at the Centers for Disease Control and Prevention. “When the body can no longer cool itself it immediately impacts the circulatory system. The heart, the kidneys, and the body become more and more heated and eventually our cognitive abilities begin to desert us – and that’s when people begin fainting, eventually going into a coma and dying.”

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Polish TV sabotages Tusk press briefing

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Polish opposition leader Donald Tusk clashed with Polish propaganda outlet TVP in Warsaw Tuesday. A TVP reporter asked him why Tusk’s party wanted Poland to leave the EU. “This is beyond imagination … I won’t answer such absurdities,” Tusk, whose Civic Platform party is pro-EU, said, before a prickly exchange ensued. TVP also muted MEPs who said Poland should face EU rule-of-law sanctions in its coverage of a Strasbourg debate.

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Odyssey Marine Exploration: Spanish court shelves case against US treasure hunters that looted ‘Mercedes’ frigate | USA

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The history of the Spanish frigate Nuestra Señora de las Mercedes includes two grievances and one victory. The first of the former was when the British Navy sunk it and its 275 crew members on October 5, 1804, off Portugal’s Algarve coast. The second offense came in May 2007, when the US treasure-hunting company Odyssey Marine Exploration scooped up its cargo of 500,000 silver and gold coins from the shipwreck at the bottom of the sea.

Triumph came when the US justice system confirmed that the treasure belonged to Spain, in a ruling released in February 2012. But there was one more affront to come: a Spanish court has just definitively shelved a case into alleged crimes committed by the US treasure hunters as they were removing the coins. After a tortuous 14-year investigation, a courtroom in Cádiz has been left with no option but to let the probe die, albeit admitting its “bafflement” and “anger” over what it considers “unusual proceedings.”

At the same time as the legal process began in Florida to determine who was the rightful owner of the rescued treasure, Odyssey or Spain, a court in La Línea de la Concepción, in the southwestern Spanish province of Cádiz, began investigating whether the then-CEO of Odyssey Marine Exploration, Greg Stemm, and his team had committed any criminal offenses when they removed the haul from the shipwreck. Among the potential crimes were damaging an archeological site and smuggling.

Odyssey workers hoisting a cannon from the 'HMS Victory' shipwreck in 2009.
Odyssey workers hoisting a cannon from the ‘HMS Victory’ shipwreck in 2009.

The fact that the 500,000 pieces of silver and gold were returned to Spain in February 2012 – nearly 17 tons of material, which are now held in the ARQUA underwater archeology museum in Cartagena – is proof that the legal battle in the United States ended well for Spain. But the latest decision in the Spanish case, to which EL PAÍS has had access, leaves no doubt that the investigation into potential crimes has definitively been shipwrecked.

The three judges who were responsible for the case found that the shelving, which cannot be appealed, is based principally on the fact that the potential offenses have now exceeded the statute of limitations in Spain for trial. And the slow process of the probe, according to the judges’ writ, was due to the failure of the US justice system to respond to the letters rogatory sent in 2013, and that were needed if Stemm and the rest of the suspects were to be questioned by investigators.

“In terms of the lawsuit over the coins, the United States was on Spain’s side,” explains Ángel Núñez, a public prosecutor who specializes in cultural heritage and who was in charge of the case until 2009. “But it is true that when it comes to targeting one of their own nationals, they are not so willing to collaborate. And given that these were US citizens who are not at the disposal of the Spanish courts…”

The Spanish court probe into Odyssey had already entered into a tailspin before this latest ruling. In December 2016, another judge in La Línea dismissed the case. The private prosecution, which was brought by the company Nerea Arqueología Subacuática, appealed the decision but it was rejected. In a new attempt to not let the legal process die, archeologist Javier Noriega, one of the heads of this small company based in Málaga, took the case to the High Court of Cádiz province, in La Línea, the one that has definitively shelved the proceedings.

In their ruling, the judges add that they share “with the appellant his surprise, confusion and even anger for the, shall we call it, unusual proceedings with this case, at least since the year 2013.” The magistrates do not go so far as to specify what prompted them to feel this way.

Spanish Civil Guard officers watching the "Ocean Alert," a vessel owned by Odyssey Marine Explorations, near Gibraltar in 2007.
Spanish Civil Guard officers watching the “Ocean Alert,” a vessel owned by Odyssey Marine Explorations, near Gibraltar in 2007.ANTON MERES (REUTERS)

Archeologist Javier Noriega believes that he knows all too well what they are referring to. He and his colleagues decided to take up the case – represented by the attorney José María Lancho – as a “professional and moral obligation.” They have since seen how “all of these years can be summed up by the end: exceeding the statute of limitations.” “They avoided entering into the substance of what happened to Spain’s cultural heritage,” the expert complains.

These unusual proceedings in the investigation which the judges mention and that Noriega suffered first-hand were reported on in the Spanish press. In March 2012, a former legal representative for Odyssey, with no authority, entered the courtroom when the judge was absent and persuaded court workers to photocopy the entire findings of the legal investigation so far, as was reported by the Spanish daily Abc at the time. According to Abc, such an action would have allowed Odyssey to prepare a defense against the findings of Civil Guard investigators and decide whether or not to actually take part in the trial.

The actions of the representative were very serious, taking into account that the probe was counting on a protected witness: a diver who had been threatened for having denounced Odyssey, given that he had knowledge of some of its activities in Spanish waters.

Now Noriega, 46, is gloomy about the end of a process that has occupied a significant part of his career. “As people who love our profession, it’s frustrating,” he explains. “It ends up being a defeat for all of us, for culture and for society. And if as well as that, the person responsible has gone unpunished, because of the statute of limitations, that’s very sad.”

Despite the legal setback, the archeologist argues that the court probe contains “evidence of all kinds, archeological, from witnesses, technical, juridical, and a ton of resounding questions that deal with what supposedly happened with an overwhelming truthfulness.”

The expert believes that an opportunity has been missed by Europe to convey “a clear message to the thieves who have spent years destroying the history of those shipwrecks from the modern era all over the world.”

Odyssey Marine Exploration never had any interest in the Spanish frigate beyond the cargo of silver and gold that it was carrying. That was made clear by the destruction caused by the company in the archeological area where the remains of the 275 people killed in the attack in 1804 lay. “When an archeological site is plundered, it is destroyed forever,” states Noriega.

After the site was looted, ARQUA led a scientific excavation that was carried out in three campaigns – from 2015 to 2017 – in which the remains of the shipwreck were documented and the items that the treasure hunters left behind were removed. These included cannon, cutlery and other everyday objects from life on board. The expedition also achieved the challenge of descending 1,130 meters underwater, the maximum depth achieved until that point during a subaquatic arqueological mission by a European country.

While the damage done to a historical site such as the Mercedes shipwreck will not result in a trial or convictions, Núñez believes that the consequences of the process “were positive, from a legal and global point of view.” Noriega goes even further: “Spain and its coasts are, today, possibly the best protected and safest in the world with regard to the protection of cultural heritage against looting.”

Since the Odyssey case, the classification of offenses against historical heritage in Spain has improved, new archeological maps have been created, there is better coordination between administrations, and there is greater social awareness about this kind of offense. It was precisely these weaknesses that the treasure-hunting company Odyssey made use of to make off with the coins. In fact, the activity has presumably lost its appeal not just in Spain but also elsewhere, given that the American company has since abandoned its treasure-hunting activities and is now focusing on underground mining.



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