ALRANZ NATIONAL NEWSLETTER MAY 2010

Email: safeandlegal@gmail.com  websites: www.alranz.org and www.issues.co.nz/abortion

Yes we’re now on Facebook! If you or your family or friends are on Facebook you can all become fans. In the short time that we have been open we have gained 70 fans and this will help to spread the message, particularly to younger members, about upholding women’s rights and keeping abortion safe. The link is www.facebook.com/pages/ALRANZ/342428599026?v=info

ALRANZ wins website sabotage case.

On 5 November 2009 Andy Moore, National Director of ProLife NZ, a youth oriented anti-abortion group also involved in the stopfamilyplanning consortium, gained rights to the domain name alranz.org.nz. and set up a website there using the US based Web hosting company GoDaddy. The terms of service which clients agree to when setting up a website include: no activities designed to defame, embarrass, harm, abuse, threaten, slander of harass third parties; no activities that are obscene or otherwise objectionable; no activities designed to impersonate the identity of a third party. But as it turns out this means absolutely nothing unless you are a powerful corporation with a team of lawyers. Even when there is obvious violation and a complaint is laid GoDaddy accepts no responsibility and refers the complainant to local enforcement agencies.

When purchasing the domain name Andy was less than honest. He did not use his own name but hid behind the appellation “mybook.” He did not use his own address but hid behind PO Box 8979 Christchurch which turns out to be the address for the Grace Baptist Church of Christchurch of which he is a member. A letter of complaint to the church elders was not even acknowledged.

ALRANZ found out about the rogue website in February when a supporter wishing to look up something on our website typed in by mistake alranz.org.nz instead of alranz.org. The viewer was appalled when her screen filled with an offensive picture of what appeared to be a bloodied late-term dead fetus. This is an image that Andy had previously used on his blog starstuddedsuperstep in an article on “What is abortion?” with the caption “abortion at 24 weeks.” He used the same image on his Facebook page boasting about how it may have deterred a young woman from having an abortion. Unlike GoDaddy, Facebook took exception to the image and disabled his account citing an offence against section 3.7 which states: you will not post content that is hateful, threatening, pornographic or that contains nudity or graphic or gratuitous violence.  

Apart from the overwhelming image the page was set out as if it was the real website with the three female symbols with the words KEEP ABORTION SAFE and the text “Welcome to ALRANZ (Abortion Law Reform Association of New Zealand). We are a pro-choice organisation founded in February 1971 to support reforms which allow a woman to choose whether or not to continue an unplanned pregnancy or to seek an abortion.” Then right at the bottom was the message to CLICK HERE to visit the real ALRANZ website. In February he added text “We support late-term abortions for disabled babies” which clearly misrepresents our standpoint.

When ALRANZ requested that the site be closed down Andy replied “As an active member of the pro-life movement in New Zealand, I currently have no intention of taking the website down.” GoDaddy and the Grace Baptist Church both failed to intervene. Lawyers we consulted advised making a complaint to the Domain Name Commission (DNC) which handles complaints relating to websites with the suffix .nz via a dispute resolution service.

On 24 February ALRANZ lodged a formal complaint with the DNC (1) that we had rights to the acronym ALRANZ and (2) that the offending website was an unfair registration. The remedy that we sought was to have the domain name transferred to ALRANZ. To establish the first claim we provided a compendium of articles, pamphlets, and other printed matter demonstrating the widespread acceptance and use of the acronym ALRANZ. Establishing the second claim was more complex. While free speech and vigorous advocacy must be allowed we had to demonstrate that this was not only part of a wider campaign against ALRANZ, but was designed to mislead and deceive internet users and would have been particularly confusing to any young woman seeking information about abortion.

Andy received a copy of our complaint and the 42 supporting documents. Ordinarily the respondent will contest the claim and must reply within 15 working days. Then the matter is referred for mediation provided free by the DNC. Andy failed to respond so this course of action was not possible. The next option was for ALRANZ to have the complaint sent to an independent expert at a cost of $1800 + GST. ALRANZ chose to do this and on 29 March an expert lawyer was appointed by the DNC.

On 19 April ALRANZ received the 13 page expert opinion with the good news that the complaint was resolved in our favour and that the website would be transferred to ALRANZ on 3 May unless Andy chose to appeal which was unlikely at a cost of $6,000. Even though strictly speaking we do not have a legal right to the acronym ALRANZ (in the sense of a business having a trademark) we had cited an Animal Welfare case similar to ours where a lobby organisation had been deemed to have the right to use a name. Our claim that this was an unfair registration was accepted and Andy’s failure to respond did not help his case. His only communication with the DNC was an email: “Dear John, Have a great week. Andy.”

ALRANZ has purchased six other common suffixes to make it more difficult for imposters to sabotage our website. It is a price we are prepared to pay to discourage malicious or unethical behaviour.

ALRANZ objects to Neeson’s appointment

ALRANZ has written to Minister of Justice, Simon Power, objecting to the appointment of Brian Neeson to the Human Rights Review Tribunal. The Tribunal is quite separate from the Human Rights Commission (HRC) and deals with cases brought under the Human Rights Act 1993, the Privacy Act 1993, and the Health and Disability Commissioner Act 1994. Neeson is a former manager of SPUC  (Society for the Protection of the Unborn Child), now renamed Voice for Life, and when elected to Parliament as the National MP for Te Atatu in October 1990 he was hailed by SPUC as a pro-life supporter. Indeed his voting record on abortion issues bore this out. It is difficult to see how the appointment of someone with this negative record not only on abortion but on other social issues can be justified. The caption in a Tom Scott cartoon (Dominion Post 23 Feb) read: “Most members of the Human Rights Review Tribunal act as beacons of light shining out of a dark, fearful, primeval gloom, which of course I will be providing…”

ALRANZ supports NZ University Students

ALRANZ made a submission to the Education and Science committee on the Education (Freedom of Association) Amendment Bill also known as the Douglas Bill. Under the Bill joining a students’ association cannot be made compulsory and although tertiary institutions have different policies, the NZUSA is opposed to the Bill. ALRANZ supported the students in their stance. At Victoria University of Wellington (VUW) students are concerned that a loss of membership will result in a loss of social and cultural activities for the benefit of the student population.

An example of working with students is a VUWSA/ALRANZ event during the upcoming Women’s Fest on Wednesday 12 May 3-5pm (R1, 2nd Floor, Student Union Building). We will be showing the US abortion rights film “The Coat Hanger Project” followed by a panel comprising Hon Steve Chadwick, (Labour MP), Jackie Edmond (Family Planning), Kerryn Baker (you may have seen her on Back Benches on TV7) and Hadley Watson (ex-volunteer LA Planned Parenthood). A reminder will be sent to Wellington members so please come if you can. The film on DVD is also available for loan if you are interested in organising an event - particularly suitable for stimulating discussion among young women.

ALRANZ submission to HRC

A subcommittee of ALRANZ has been working on human rights issues. Readers will have noticed an increasing emphasis on reproductive and sexual rights internationally especially since those two important women’s conferences, Cairo in 1994 and Beijing in 1995. NZ is a signatory (along with about 180 other countries) to the Cairo Programme of Action and the Beijing Declaration and Platform for Action although these international treaties are non-binding (like the recently signed Declaration of the Rights of Indigenous People). In March 2010 the NZ HRC published a discussion document Human rights and women. This is a chapter in a much larger document Human Rights in New Zealand Today first published in 2004 which formed the basis for the New Zealand Action Plan for Human Rights 2005-2010. Chapters are being revised in stages and ALRANZ made a submission relevant to both the current chapter on women and a future chapter on health. We wish to see greater acknowledgement of women’s reproductive rights which includes the right to safe abortion. At present these rights are neglected.

ALRANZ submission to CEDAW

The same subcommittee is working on our submission to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This convention was adopted by the United Nation’s (UN) General Assembly in 1979. The convention was signed by the NZ Govt in July 1980 and ratified in January 1985. Final reservations (concerning women in Police and Defence) were removed in 2007. The NZ Govt provides four-yearly reports and the 7th will be prepared in 2010. NCW will provide an alternative report to which ALRANZ will contribute as well as making our own independent report. Regarding CEDAW governments are answerable to the UN (unlike the Cairo and Beijing treaties).

Of particular relevance to ALRANZ is Article 16: States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure on a basis of equality of men and women: (e) the same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights.

Medical Council and referral for abortion

A statement drafted by the NZ Medical Council in March 2009 for the guidance of doctors is being contested in the High Court by a group of eight anti-abortion doctors. At issue is the requirement for doctors with a conscientious objection to abortion to refer the woman to a practitioner who will assist her. The objective of the Medical Council policy is to balance the right of doctors to freedom of beliefs with the patient’s entitlement to appropriate care and treatment. However this is complicated by differing interpretations of the relevant sections of our abortion laws. Yet another reason to review our outdated legislation.

Attacks on Family Planning

There has been continuing opposition to Family Planning’s application to the Abortion Supervisory Committee (ASC) for a licence to initiate an early medical abortion service in their Hamilton clinic, with further marches in Wellington (12 Feb) and Christchurch (9 April). Considering that the first application to the ASC was made in March 2009 the delay is unconscionable and a disservice to Waikato women. ALRANZ complained to TV1 about the lack of balance in the Breakfast programme on 12 February when 18-year-old Simeon Brown of ProLife NZ and Stop Family Planning was interviewed by Pippa Wettzel about the campaign. When talking about side effects he said that women who take RU486 will “suffer from heavy bleeding, headaches, nausea or painful cramping. I mean it’s not safe.” Someone should tell him about menstruation.

Editorial policy Gisborne Herald

The editorial policy of the Gisborne Herald was criticised for reproducing an item sent out by Mediacom, the press release distribution arm of NZPA (Press Association) on behalf of Voice for Life, as if it were a news story (24 Oct 2009). The editor acknowledged that public relations releases should be used with caution. However on 15 Feb there was another example combining press releases from Stop Family Planning and Family First. Following this, to their credit, the paper published two pro-choice opinion pieces by Jackie Edmond (19 Feb) and Alison McCulloch (12 March). Voice for Life responded with an opinion piece, this time attributed to Communication Manager, Bernard Moran (20 March). He disputed Alison’s comments about the use of incendiary language and imagery with this gem of purity: “I have been in the movement since 1970 and I have never heard anyone use abusive terms to describe pro-choicers. In fact, I recall sitting around at a meeting and asking people with long experience whether they had ever heard anyone using such terms. They thought long and hard and nobody could come up with anything.” Margaret Sparrow for one has plenty of examples of personal abuse directed at her.

Kapiti Coast Pro-Life van vandalised

An article by Margaret Irvine in the Kapiti Observer (12 Feb) showed a picture of a bright green van with an image of an ultrasound scan of a fetus accompanied by the words “Child abuse. It’s not OK. Ever” The van had been vandalised by someone scribbling “This van is abusive.” The article stated that the van was owned by the Smithson Foundation and its spokesperson was the ubiquitous 18-year-old Simeon Brown. So what is the Smithson Foundation? We didn’t know but we found it on the Charities Commission where it was registered in May 2008 as a charitable organisation. Its officers are members of the Smithson family plus lawyer Matthew O’Byrne and Joanna March. Homecreators Limited is a major donor. If anyone knows more about the Smithson Foundation we’d like to hear from you.

Surveys

In March Professor Philip Gendall and Dr Nicola Murray of Massey University’s School of Communication, Journalism and Marketing published a survey on Social Inequality in NZ part of the International Social Survey Programme which looks at different topics in a roughly seven-year cycle. Some questions on abortion were included in the survey of 935 respondents out of a random sample of 2250 (42% response). The survey found that 80% support abortion if the woman’s health is endangered but support drops to 33% if the woman is not married and does not wish to marry the man. No question about the man not wishing to marry the woman so we think some questions need revising!  The authors concluded that on social issues, such as abortion and euthanasia, NZers’ views depend on the particular circumstances, but tend to be liberal and compassionate.

On 18 April Family First released the findings of a poll conducted for them by Curia Market Research on 1000 people. In response to the question “Should the law require parents to always be informed before-hand if their daughter who is under 16 is pregnant and wants to have an abortion?” 79% responded yes, 12% no and 9% did not know or did not answer. This is not surprising given the natural protectiveness of parents but there is no follow-up question on what should be done when the young person is at risk because she does not have supportive parents.

Waihopai 3 walk free, Roeder gets life

In a surprise decision a jury acquitted three men who admitted attacking the Government Communications Security Bureau spy base at Waihopai. In April 2008 the activists slashed an inflatable plastic dome covering a satellite dish arguing that they sincerely believed this would prevent human suffering and save lives elsewhere - the so called greater good defence. In NZ in the past this defence has been unsuccessfully invoked by anti-abortionist protesters trespassing on clinic premises. Recently in the US a similar argument was used (again unsuccessfully) by anti-abortion campaigner Scott Roeder to justify the killing of Dr George Tiller. On 1 April 2010 Roeder was sentenced to life imprisonment with no parole for 50 years.

Book Reviews

Making Maternal Health Matter: The Report of the NZ Parliamentarians’ Group on Population and Development: Open Hearing on Maternal Health in the Pacific. This report published by Family Planning was launched at Parliament by Dr Jackie Blue on 23 February with guest speaker Sharon Camp from the Guttmacher Institute. The 29 page booklet contains 18 recommendations and although none of them mentions abortion there is a paragraph on abortion in the text. Top of the list of recommendations is that Pacific governments should implement regional and international agreements protecting women’s rights.

Politics for the Greater Good by Clarke Forsythe. Intervarsity Press; 2009. The author is a director of Americans United for Life, an anti-abortion litigation group. This is a useful insight into strategies employed by opponents of abortion especially as tactics used in the US tend to be adopted by their NZ counterparts. Forsythe favours an incrementalist approach chipping away at abortion rights through public policy and state laws restricting access to abortion. The alternative approach of outright prohibition of abortion remains a more problematic goal.

Overseas News

Fiji

On 4 Feb the Fiji Times reported clarification of the grounds for abortion in the Crime Decree. Abortion is not illegal if carried out by a qualified medical practitioner in cases of rape, incest and if the woman’s life is at risk. After 20 weeks two medical practitioners must agree that there is a severe medical condition in either the mother or fetus. The penalty remains at 14 years imprisonment.

Canada

Maternal health in the developing world will be a major topic at the G8 meetings to be hosted by Canada in June. US Secretary of State, Hillary Clinton challenged Stephen Harper’s conservative government to include abortion on the agenda.

U.S.A.

On 21 March President Obama’s health reform bill passed (219-212 votes) with no federal funds for abortion and restrictions on insurance for abortion.

In April 2010 two states passed seriously restrictive abortion laws. Nebraska’s law if enacted will prohibit abortion after 20 weeks controversially because of fetal pain. Oklahoma pushed through five separate bills, the incrementalist approach in action.  Two of the most draconian were promptly vetoed by the Governor but the veto was overturned. One requires women to view a vaginal ultrasound examination less than an hour before an abortion. Another allows doctors to withhold test results showing fetal defects. All these bills are likely to be contested.

Italy

This month medical abortion with mifepristone became available across Italy however women must stay in hospital for the duration of the abortion.

Spain

Abortion on demand up to 14 weeks gestation will be legal from next July.

Uganda

When Margaret Sparrow attended the International Congress on Women’s Health and Unsafe Abortion, held from 20-23 January 2010, Bangkok, Thailand, she met Deusdedit Ruhangariyo, a health journalist from Uganda. Deus writes about his country.

Dr Byaruhanga a consultant at Mbarara University Teaching Hospital says that abortion in Uganda can only legally be done when the life of the mother is threatened. However about 300,000 abortions are carried out each year, which translates into an annual abortion rate of 54 per 1000 women aged 15 -49. This has raised concern from some women activists saying abortion is “illegally legal.”

According to research carried out by the Guttmacher Institute (2006) more than half of all abortions in Uganda are believed to be carried out by medically trained providers - doctors, nurses and midwives. The remaining are performed by pharmacists, traditional providers and women themselves. Abortion in Uganda is very expensive, and the more trained the practitioner, the more costly the procedure. Physicians charge up to NZ$250.

The Guttmacher research concludes that an estimated 65,000 Ugandan women each year (or one fifth of all women who obtain abortions) experience complications but receive no treatment. The reasons include the inability to pay for care, fear of revealing that they have had an abortion and concern that they will receive hostile or judgmental treatment from clinics and hospitals. 

About 54% of all maternal deaths in Africa are due to unsafe abortion because of restrictive legislation and lack of access to modern family planning methods. Philip Danny a consultant Obstetrician and Gynecologist from the USA speaking at the Bangkok conference said countries should reject leaders who do not treat the lives of mothers humanely. Prof. Kamheang Chaturachinda, the President of Women’s Health and Reproductive Rights Foundation of Thailand, speaking at the same conference said that women in the developing world, of which Uganda is part, are dying from unsafe abortion despite great advances in medical technology. In Uganda, the maternal mortality rate is 435 deaths per 100,000 live births, a sobering indicator of the bad situation prevailing in the health sector.