Washington Lawyer - June 2019 - 35

GLOBAL & DOMESTIC OUTLOOK
CHINA

SOUTH AFRICA

SPAIN

China's government is widely known for wielding
tough laws against freedom of speech and political
participation. Human rights defenders, journalists,
and others have faced imprisonment, arbitrary
detention, and various forms of mistreatment for
expressing themselves.

South Africa has struggled with corruption in the
public and private sector. Bribery and corrupt
activity are common within public procurement,
customs services, the police force, and tax administration. The country has enacted a robust anti-corruption framework, including the Prevention and
Combating Corrupt Activities Act, which criminalizes corruption in public and private sectors,
as well as the National Anti-Corruption Forum.
However, Transparency International's Corruptions
Perceptions Index shows that South Africa has not
made improvements to its perceived level of corruption in seven years.

Forbes recently listed Spain as one of the most
ethical countries to do business in. At the same
time, the country is working on amendments to
freedom of expression laws, which currently include
hefty fines for unorganized protests and the jailing
of artists who choose to share their political views.
Spain's government has also pledged to adopt
more humane immigration policies.

According to the Council on Foreign Relations,
"China's constitution affords its citizens freedom of
speech and press, but the opacity of Chinese media
regulations allows authorities to crack down on news
stories by claiming that they expose state secrets and
endanger the country." The government is thus able
to enact stringent censorship policies for all media,
including text messaging, through monitoring
systems and firewalls, the closure of publications or
websites, and the detention or imprisonment of
human rights defenders, journalists, and others, such
as the estimated 1.5 million Muslims currently held in
camps in western China.

CANADA
In recent years, Canada has improved its ethical
standards by prioritizing human rights and
corporate accountability. While challenges
remain, the government has put forth
initiatives and passed legislation to help
end decades of mistreatment of women,
the LGBTQ community, and other
minorities. For example, the country
passed a bill that expunges the
records of individuals prosecuted
when homosexuality was against the
law in Canada. In response to allegations of human rights abuses linked
to Canadian corporate activity
abroad, Canada's Minister of
International Trade announced
in January 2018 he was naming
a Canadian Ombudsperson for
Responsible Enterprise (CORE) and
a multi-stakeholder advisory body to
guide the government and the CORE
on international business conduct.

iStock
iStock

SWEDEN
Listed as the most reputable country in the world
by Forbes, Sweden earned the honor partly due
to its ethical policies. The country is lauded for its
forward-thinking green living initiatives and for
being immigrant friendly, opening its borders to
163,000 refugees from the Syrian civil war. Sweden
is also considered progressive because of its supportive policies toward women's and LGBTQ rights.

THAILAND
Until its March 2019 elections, Thailand had been
under military rule since 2014 by the National
Council for Peace and Order, a military junta with
the power to restrict free speech and censor
groups at will. TV stations, small groups of peaceful
protestors, and individual civilians were subject to
punishment for what might be deemed criticism
of the junta's policies. Legal internet content was
subject to removal if it violated the "good morals of
the people." Delayed until early May, official
election results gave no party an absolute majority,
prompting further legal challenges.

AUSTRALIA
The mistreatment and discrimination of Indigenous
Australians is a big concern for this country, with the
group making up a disproportionate number of
people in prison, according to the Australian Bureau
of Statistics. The Australian Institute of Health and
Welfare reported in 2018 that Indigenous youth age
10 to 17 make up 55 percent of Australia's child
prison population. Australia has also tightened its
freedom of expression laws in the name of antiterrorism. Journalists and bloggers could face up to
a decade in jail for reporting on so-called "special
intelligence operations," a new category of operations that grants police and intelligence agents
immunity from prosecution should they break the
law in the course of their duties.

INDIA
In a historic 2018 ruling, India decriminalized
homosexuality, showing steps toward support
for the LGBTQ community. Elsewhere, bribery and
corruption in business is prevalent, a factor that
affects trust in India's financial markets. In 2017
Forbes reported that nearly seven out of 10 people
who accessed public services in India had paid a
bribe. Free speech is still a battle, with government
critics - including lawyers, activists, human rights
defenders, and journalists - facing harassment
and persecution from government officials.

UNITED STATES
The United States bears its share of ethical
challenges. While free speech is limited less than
in other countries, contentious immigration
policies, the cracking down of sexual harassment
violators amid the MeToo movement, ongoing
abortion debates, and systemic racial disparities
in the criminal justice system keep America's
courthouses busy.

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JUNE 2019

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WASHINGTON LAWYER 35
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Washington Lawyer - June 2019

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