Open Committee Meetings Monday 11th to Thursday 12th November – The Zimbabwean

PARLIAMENTARY COMMITTEES SERIES 42/2019

[9th November 2019]

Open Committee Meetings Monday 11th to Thursday 12th November

REMINDER: 2020 NATIONAL BUDGET
The Minister of Finance and Economic Development will be
presenting the 2020 National Budget to the National Assembly
on Thursday afternoon, 14th November.

There will be five committee meetings open to the public next week – one on Monday morning, one on Tuesday morning and three on Thursday morning.

The meetings will be held at Parliament in Harare on the dates and at the times and venues indicated below.

Members of the public may attend these meetings – but as observers only, not as participants, i.e. they may observe and listen but not speak. If attending, please use the entrance to Parliament on Kwame Nkrumah Ave between 2nd and 3rd Streets. Please note that IDs must be produced.

The details given in this bulletin are based on the latest information from Parliament. But, as there are sometimes last-minute changes to the meetings schedule, persons wishing to attend should avoid disappointment by checking with the committee clerk that the meeting concerned is still on and open to the public. Parliament’s telephone numbers are Harare 2700181 and 2252940/1.

Reminder: Members of the public, including Zimbabweans in the Diaspora, can at any time send written submissions to Parliamentary committees by email addressed to [email protected] or by letter posted to the Clerk of Parliament, P.O. Box 298, Causeway, Harare or delivered at Parliament’s Kwame Nkrumah Avenue entrance in Harare.

Monday 11th November at 8.30 am

Public Accounts Committee

Oral evidence from Sakunda Holdings on the contracts for Command Agriculture and Presidential Input Support with Government.

Venue: Committee Room No. 4

Tuesday 12th November at 10.00 am

Thematic Committee: Sustainable Development Goals [SDGs]

Oral evidence from the Permanent Secretary of the Ministry of Health and Child Care on the quality of health care systems and mechanisms that have been put in place to fight life-threatening diseases in Zimbabwe, such as Cancer, Diabetes and Tuberculosis [TB].

Venue: Committee Room No. 413.

Thursday 14th November at 10.00 am

Portfolio Committee: Energy and Power Development

Oral evidence from ZERA, Solgas Solar, Tokwe-Mukosi (Pvt) Ltd Mini Hydro, Southern Energy, Plum Solar, and Manako (Pvt) Ltd on the state of affairs in the Renewable Energy Sector.

Venue: Committee Room No.  311.

Thematic Committee: Indigenisation and Empowerment

Oral evidence from the Permanent Secretary of the Ministry of Women Affairs, Community, Small and Medium Enterprises and Cooperative Development on Empowerment Policies and Programmes for SMEs and Cooperatives in Zimbabwe.

Venue: Committee Room No.  3.

Thematic Committee:  Peace and Security

Oral evidence from ZCTU, ZFTU and APEX Council on Workers’ Welfare.

Venue: Committee Room No.  4.

Closed Committee Meetings

Most other portfolio committees will be meeting during the week in closed session.

The Portfolio Committee on Foreign Affairs and International Trade will be considering its report for the National Assembly on the International Treaties Bill.

The Portfolio Committee on Information, Media and Broadcasting Services will be deliberating on the public consultations it held on the Zimbabwe Media Commission Bill.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Zimbabwe’s Inflation Makes it Hard to Keep Track of Cost of Living

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Zimbabwe’s Inflation Makes it Hard to Keep Track of Cost of Living – The Zimbabwean

Stung by inflation as wages fizzle under the country’s skyrocketing inflation, Zimbabwe’s civil servants recently staged a strike demanding better wages although police barred the government workers from marching to the country’s Minister of Finance’s office to deliver a petition detailing their grievances. Credit: Jeffrey Moyo/IPS

HARARE (IPS) – Stung by the country’s spiralling inflation, Zimbabwe’s government workers took to the streets this week for the first ever police-sectioned march demanding improved wages.

They asked the Minister of Finance Mthuli Ncube “to commit to a process of restoring the value of workers’ salaries to the pre-October 2018 status of $475 for the lowest-paid worker”.  Currently some teachers earn about $50 a month.

Amid a heavy police presence, the protestors were barred from marching to Ncube’s offices where they intended to deliver their petition.

Charles Mubwandarikwa, Harare chairperson of the Progressive Teachers’ Union of Zimbabwe, said “government officials never feel the pain of inflation; we only need better wages to overcome inflation”.

“It is now becoming increasingly difficult to properly price goods,” Denford Mutashu, president of the Confederation of Zimbabwe Retailers, told IPS.

IMF on Zimbabwe’s hyperinflation

  • The southern Africa nation’s annual inflation rate is the second-highest in the world, after Venezuela, at 300 percent according to the International Monetary Fund
  • Though two months ago Ncube ordered the Zimbabwe Statistics Agency to stop publicising the country’s annual inflation figures.
  • An IMF mission to the country in September, led by Gene Leon, conducted a review and progress with Leon stating, “Policy actions are urgently needed to tackle the root causes of economic instability and enable private-sector led growth”.
  • He listed the ability to contain fiscal spending as a key challenge, adding tightened monetary policy was needed to stabilise the exchange rate.
  • “Risks to budget execution are high as demands for further public sector wage increases, quasi-fiscal activities of the [Reserve Bank of Zimbabwe] RBZ that will need to be absorbed by the central government, and pressure to finance agriculture could push the deficit back into an unsustainable stance,” Leon said in a statement.

Hyperinflation harms everyone

The recommendations by the IMF would make it difficult for government to accede to the wage increase demands.

But trade unionists like Zivaishe Zhou, who is the National Coordinator of the Zimbabwe Agricultural Professionals and Technical Association, said that inflation was impacting citizens and said that corruption was responsible for the country’s economic demise.

“In Zimbabwe, surely nothing has been damaged by the sanctions, which are aimed at few companies and individuals; we have a corrupt government that is not accountable to anyone,” Zhou told IPS.

Dewa Mavhinga, the Southern Africa Director with Human Rights Watch, agreed.

“Zimbabwe authorities misinform the public that targeted sanctions are responsible for collapsing the country’s economy which is untrue. Rampant corruption and bad governance are the root causes of the country’s economic crisis,” Mavhinga told IPS.

  • The European Union (EU) and United States (U.S.) slapped Zimbabwe with financial and travel bans that targeted top governing Zimbabwe Africa Union Patriotic Front officials (Zanu-PF) for purported human rights violations and electoral fraud in 2001.
  • The BBC reports that financial and travel sanctions by the U.S. target 56 companies and 85 individuals, including President Emmerson Mnangagwa. 

The call to lift sanctions

Last month, government supporters held an anti-sanctions march, just as the U.S. included Zimbabwe’s Minister of State Security Owen Ncube on its list of restricted persons. 

Zimbabwe responded by threatening the U.S. ambassador in the country with unspecified action, with Foreign Affairs Minister Sibusiso Moyo saying “we have the means to bring all this to an end, should we deem it necessary or should we be pushed too far”.

  • U.S. Ambassador to Zimbabwe Brian Nichols had stated in an interview on Trevor Ncube’s Heart & Soul television channel that corruption rather than sanctions had done more harm to Zimbabwe’s economy.

Mnangagwa’s government has pinned the blame on the Zimbabwe Democracy and Economic Recovery Act (ZIDERA), passed in 2001 by the U.S. Senate, prohibiting Zimbabwean entities from doing business with the first world nation.

“ZIDERA has blocked Zimbabwe’s access to international credit markets, leading to the drying up of traditional sources of external finance,” Mnangagwa told a gathering of anti-sanction marchers last month.

But are sanctions to blame for Zimbabwe’s economy?

For Owen Dhliwayo, a Zimbabwean civil society activist here, “corruption in the Zanu-PF government has been prevalent even before the enactment of ZIDERA”.

Experts like Mlondolozi Ndlovhu, who holds a Master’s Degree in Society and Media Studies from the country’s Midlands State University, agree.

“The amounts that have been reported to have been stolen by government officials here even as reported by State media, shows that even with sanctions upon it for as long as there won’t be corruption, Zimbabwe can still manage to do very well in terms of its economy,” Ndlovhu told IPS.

  • In July, Zimbabwe’s former Environment, Tourism, and Hospitality Industry Minister Prisca Mupfumira was arrested the Zimbabwe Anti-Corruption Commission  (ZACC) over an alleged $95 million corruption scandal emanating from a National Social Security Authority (NSSA) forensic audit report detailing a litany of corrupt activities at the $1 billion state pension entity.
  • Mupfumira is currently out on a bail of 5000 Zimbabwean dollars.
  • This month, Joram Gumbo, Minister of State for Presidential Affairs in Mnangagwa’s Office, was arrested for prejudicing the government of $1 million during his time as transport minister when he reportedly influenced Zimbabwe Airways, a government airline, to enter into property deals with his sister.

Reacting to the clear diplomatic standoff between the U.S. and Zimbabwe, Ndlovhu also said “a small country like Zimbabwe threatening a country like the U.S., which has the potential to bring investment into the country, only shows that the Zimbabwean government has failed to reform itself”.

But ardent Zanu-PF backers like Tafadzwa Mugwadi, see things differently.

“If sanctions are ineffective to the extent that the U.S. ambassador believes so, why has America kept them for nearly two decades now?” Mugwadi told IPS.

Taurai Kandishaya, National Coordinator of the Zimbabwe Citizens Forum, a civil society organisation with links to the ruling Zanu-PF party, agreed.

“The reason why westerners imposed sanctions on Zimbabwe was to cripple our economy,” Kandishaya told IPS.

Human rights situation worsens

Since Mnangagwa came to power, Zimbabwe’s human rights situation has worsened.

  • In August 2018, Mnangagwa unleashed the military on protesters who questioned the delayed release of the presidential election results. Six people were shot and killed as a result.
  • In January, 17 more people were shot and killed by members of the military after protests erupted following the hiking of fuel prices.
  • On Nov.6, although government had given a nod to the civil servants strike to go forward, heavily armed police blocked the protesters from marching to the Ministry of Finance. where they intended to deliver their petition detailing their grievances.

Civil society activists like Catherine Mkwapati, director of the Youth Dialogue Action Network, a democracy lobby group in Zimbabwe, believe these rights abuses are not resultant of sanctions.

“Zimbabwe doesn’t need sanctions [lifted] in order to have a professional judiciary system; it doesn’t need sanctions to go in order for us to respect human rights.”

MDC leadership meets, charts way forward on key national issues

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MDC leadership meets, charts way forward on key national issues – The Zimbabwean

The executive, a key organ of the party, discussed and charted the way forward on the following key national issues.

1.The national situation
The national executive deliberated on the deteriorating political, economic and social situation in the country. In particular, the executive noted the rising cost of basic commodities as well as the slow genocide in the country’s hospitals, where the illegitimate regime has fired yet another batch of doctors for raising legitimate concerns about their wages and working conditions. They haven also raised issues about lack of medicines and other medical consumables to enable them to save lives.

2.Food insecurity
About 8,5 million people in the country are food insecure and the party noted with serious concern that the illegitimate regime had begun politicizing food in the rural areas. The party resolved to do all within its remit to stop the abuse of a key livelihood issue such as food.

3.Legitimacy crisis
The executive affirmed that the economic governance crisis in the country and the challenges facing the nation are symptomatic of the legitimacy crisis arising out of the stolen election of 2018. Unless and the until the legitimacy crisis is resolved, there will be no reprieve on the dire national situation as the people running government do not have the requisite confidence and mandate from the people.

The executive noted that the legitimacy crisis has led to the breaking down of the social contact, particularly between the leading and the led.

4.Elections
The party’s continued participation in by-elections has exposed the dire need for prudent electoral reforms. A compromised election management system, the murkiness around voting material, the abuse of traditional leaders and the use of food as political weapon continues to be rampant in the countryside, justifying the need for genuine electoral reforms. To this end, the party’s parliamentary caucus will table an alternative Electoral Bill that guarantees the holding of credible and legitimate elections that do not breed contested outcomes.

5.Increasing brutality against citizens and the leadership
The party noted the increasing brutality against the citizens and the people’s leadership and affirmed that the illegitimate regime of Mr. Mnangagwa will not succeed to break the collective spirit of the MDC in prosecuting the democratic struggle. The party stands in solidarity with citizens and leaders that are being persecuted.

The party resolved to set aside a day every year to remember and salute all survivors of political violence, living or dead, who have been victims of State-sanctioned brutality.

6.Parliament
The party deliberated on developments in parliament, particularly Zanu PF’s attempt to reverse the democratic gains enshrined in the Constitution. The national executive resolved that the people’s deployed to the August House must use the arena of Parliament to table alternative Bills as well as pro-poor motions that further citizens’ rights, widen democratic space and further the people’s democratic agenda. The party resolved to continue pressing for alignment of laws to the Constitution, and not amendment of the Constitution, itself made and affirmed by the people themselves in a referendum.

7.Dialogue
The party reiterated its commitment to a sincere, honest and credible dialogue process. The dialogue must unlock the impediments that have stood in the way of credible, free and plebiscites. As such, any honest and credible dialogue process, under a mutually agreed convener, must focus on a comprehensive reform agenda to ensure the security and freedoms of citizens as well as ensuring a free, fair and credible election that must yield a people’s government.

8. Local government
The executive noted the challenges faced by MDC-led councils and bemoaned the fact that in most of these councils are MDC-led but are not MDC-controlled. Zanu PF has centralized most of the key operations of local authorities, such as procurement. The party noted that Zanu PF has usurped key operations of councils in a manner that has curtailed the autonomy and the full independence of local authorities, in the process grossly interfering with service delivery. The party resolved to continue supporting the local authorities that it runs to ensure that they deliver prudent and affordable services to the people.

9.Resolving the national crisis
The party resolved to stand on the side of the people. The party will continue mobilizing locally and internationally for a cogent and robust #FreeZimbabwe campaign that must eventually yield a legitimate people’s government.

MDC Communications

A taste of glory

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Zimbabwe suspends South African livestock imports after foot and mouth outbreak – The Zimbabwean

In January, Zimbabwe joined Botswana and the Kingdom of eSwatini, formerly Swaziland, in suspending meat imports from South Africa while following the outbreak of the highly contagious foot and mouth disease.

The agriculture ministry said in a statement that it had been notified by South African veterinary services that the latest outbreak had been identified at a farm in Limpopo province, close to the border with Zimbabwe.

Importation of live cattle, goats, sheep and pigs and related products had been suspended as authorities seek to identify the virus strain and extent of the outbreak.

“The suspension of imports from South Africa is a precautionary measure designed to prevent the spread of the infection into Zimbabwe,” the ministry said.

Foot and mouth disease does not affect humans but poses a threat to cattle, goats and sheep.

Zimbabwe imports livestock from South Africa for breeding as well as meat products.

UK turns up heat on Zimbabwe for political, economic reform

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UK turns up heat on Zimbabwe for political, economic reform – The Zimbabwean

The UK is turning up the heat on Zimbabwe to take concrete steps towards political and economic reform and has sent a fact finding mission to the southern Africa country, according to local media reports on Thursday.

Zimbabwean President Emmerson Mnangagwa. Picture: Reuters/Philimon Bulawayo

JOHANNESBURG  – The UK is turning up the heat on Zimbabwe to take concrete steps towards political and economic reform and has sent a fact finding mission to the southern Africa country, according to local media reports on Thursday.

The director for Africa at the UK Foreign and Commonwealth Office Harriet Mathews and Debbie Palmer, the director for West and southern Africa in the Department for International Development (DFID), together with British ambassador to Zimbabwe Melanie Robinson, told the media after meeting President Emmerson Mnangagwa on Wednesday that they would report on their fact finding mission to Prime Minister Boris Johnson upon returning to London.

“We are doing this on the political, economic and humanitarian front. The first issue of concern, I think, is a call for a real step towards change and for government to step up in terms of political and economic reforms,” said Mathews.

“The government also needs to step up and address issues to do with human rights abuses and corruption.”

While the pressure might chafe Harare, it is desperately trying to mend its relations with the West after years of sanctions over human rights abuses, which turned Zimbabwe into a political pariah, contributing significantly to its moribund economy.

Zimbabwe is also pushing for readmission into the Commonwealth and the UK has a huge say in the matter.

– African News Agency (ANA)  

Burned by last crisis, Zimbabweans seek to shelter savings – The Zimbabwean

People queue to withdraw their pensions outside a branch of the Central Africa Building Society in Harare, Zimbabwe [File: Cynthia R Matonhodze/Bloomberg]

Harare, Zimbabwe – “I no longer trust pension people. [A] pension is supposed to help secure your financial future when you can’t work any more. Without it, life after retirement would be a mess.”

Salome Makani, a 45-year-old procurement officer in Harare, is currently poised to experience that mess, but not through any fault of her own. A habitual saver, she saw her pension wiped out when she was in her mid-30s, at the height of Zimbabwe‘s economic crisis a decade ago.

“My experience has not been a good one,” Makani told Al Jazeera. “I know better now.”

Makani’s road to disillusionment with Zimbabwe’s pensions system dates to 2009, when hyperinflation forced the government to abandon its sovereign currency and adopt the United States dollar.

Like many Zimbabweans, Makani left her job – a position she had held for 13 years, with one of the country’s top insurance companies – to seek better opportunities beyond Zimbabwe’s borders. But the pension she had tucked away during that time soon became worthless, thanks to hyperinflation.

Pensioners in Zimbabwe, who are estimated to number about 500,000, are among the hardest hit by the Southern African nation’s economic crisis [File: Cynthia R Matonhodze/Bloomberg]

“When you resign, you get a withdrawal benefit from your pension,” she explained. “I had left the country in that period and the company I worked for gave my husband a cheque. In the process of cashing it, hyperinflation eroded its value.”

Zimbabweans now fear history could repeat itself after the country outlawed the US dollar as legal tender in June in an unsuccessful bid to stop speculative attacks on its fledgling interim sovereign currency, the Real Time Gross Settlement dollar, or Zimdollar.

According to the International Monetary Fund, Zimbabwe’s annual inflation rate from August 2018 through August 2019 was at 300 percent, the highest in the world.

With the spectre of hyperinflation looming large over the troubled Southern African nation, pensioners are fearful that their savings could once again be gutted. But fund managers have gotten savvier this time around.

Savings decimated

Archford Vheremu, a 67-year-old pensioner, says he received a meagre pension payout when he retired 12 years ago.

“I got around $1.8 million Zimbabwean dollars in 2007 as my pension payout,” he told Al Jazeera. “The following year, all that money lost its value,” he says.

His savings decimated, Vheremu believes it’s unlikely he’ll ever retire, despite his advancing years. “I still have to work to survive at my age,” he said.

But hyperinflation is not the only menace to future financial security for Zimbabweans who are trying to save for retirement. The government compels all pension funds to invest a minimum of 20 percent of their assets – known as “prescribed assets” – in government-approved bonds. These fixed-income instruments pay periodic interest payments and then return the full amount originally invested (also known as the principal) when the bond matures.

Fixed-income assets provide a steady rate of payment, which is beneficial when prices are stable. But when there is runaway inflation, as there is in Zimbabwe, the interest paid on a fixed-income instrument can fall far behind rising prices.

“Normal prescribed assets that have been issued by the government, if they are fixed-income securities, don’t work in a hyperinflation environment,” said Motor Industry Pension Fund chief Raymond Manhika. “They just erode value.”

“It’s like putting your money in the bank for a rate of five percent when there is a hyperinflation,” Manhika told Al Jazeera. “It’s a negative real return. That is precisely how the prescribed assets issued by [the] government were structured.”

Manika pointed to the example of a housing bond with a 12-year maturity that he says all pension funds were required to buy.

“We invested into that bond for a fixed interest rate for 12 years,” he said. “Now look at it. The rate [of interest it pays] is 7.5 percent” – a pittance considering that overnight lending rates in Zimbabwe have soared to 70 percent.

As of June, the country’s insurance regulator, the Insurance and Pensions Commission, said a total of 510 million Zimbabwean dollars (worth $25m US dollars, at commonly used black-market exchange rates) had been invested in prescribed assets. That figure is less than half of the compulsory 20 percent minimum mandated by the government.

The pension industry asset base increased by more than 30 percent between March and June 30 to reach 7.04 billion Zimdollars ($350m), thanks largely to rising values for investment property and equities – both of which are attractive to investors and fund managers looking to hedge against a falling currency.

Following public outrage over eroded pension values during Zimbabwe’s last economic crisis – which ended with dollarisation in 2009 – former finance minister Patrick Chinamasa reported to parliament on the devastating impact of hyperinflation on retirement savings. “Most complainants indicated that their pensions were reduced from several hundreds or thousands of dollars to a few United States-dollar cents,” he said. “One pensioner showed a pension cheque of $0.08 sent to him by a life insurance company in 2014 as settlement of a life policy, and no explanation was offered on how such a figure was arrived at.”

Once bitten, twice shy

With Zimbabwe’s economy descending into crisis again, some fund managers are flaunting the controversial investment regulations this time around.

Even ordinary Zimbabweans with funds under the care of big asset management firms have been withdrawing their money and investing in asset classes such as real estate that they feel will preserve the value of their retirement savings.

Jonas Mushosho, the former chief executive of pension management firm Old Mutual Zimbabwe, told analysts and journalists in Harare last month that a number of investors are now withdrawing funds, rather than seeing them eroded by fixed-income investments that fail to keep pace with the country’s inflation.

“A lot of our customers who had parked money with us withdrew their money in order to buy foreign currency on the interbank market,” said Mushosho, who left his position shortly after making this pronouncement.

Speaking beside Mushosho, Old Mutual chief investment officer Marjorie Mayida said her company – one of Zimbabwe’s largest pension managers – was investing primarily in stocks and property as well.

NAPABA Tackles Tough Issues And Continues To Inspire and Empower The Next Generation of Asian American Attorney Leaders

Natasha Quiroga, Thang Diep, Liliana Garces, Nicole Gon Ochi, and Alyson Tom (Photo by Renwei Chung)

“My grandfather was a fire and brimstone preacher / But there are things that the homilies and hymns won’t teach you / My mother was a genius / My father commanded respect / When they died they left no instructions / Just a legacy to protect.” Lin-Manuel Miranda (Hamilton)

This week, the National Asian Pacific American Bar Association (NAPABA) hosted their 31st National Convention in Austin, Texas. Over 2,000 members made the pilgrimage to this weekend’s convention, making it the most popular NAPABA meeting to date.

Like in past years, there was a feeling amongst the younger lawyers and law students that we were standing on the shoulders of giants. We felt blessed to have the opportunity to meet so many luminaries in one place. There was also a sense in the room that many veteran lawyers were excited to pass the torch of community building, pro-bono involvement, and trailblazing to greener lawyers. Lawyers are at their best when they are serving, and NAPABA is a community testament to this.

Attendees participate in an interactive admissions simulation (Photo by Renwei Chung)

Today’s morning panel titled, “What’s on Trial at Harvard and UNC? A Discussion on Asian Americans, Affirmative Action, and Discrimination,” hit a chord, and filled up a ballroom with almost 200 attendees. Natasha Quiroga served as the moderator and Thang Diep, Liliana Garces, Nicole Gon Ochi, and Alyson Tom were the featured speakers on the panel. As highlighted on NAPABA’s website, the panel covered:

The contentious Harvard trial on race-conscious admissions thrust questions of Asian American identity, racialization, and political alignment into the national spotlight. The trial is over, but questions remain about the fairness of admissions policies, the current climate on college campuses for students of color, including Asian Americans, and the growing divide within the Asian American community about access to higher education.

In this program, you will engage in an interactive admissions simulation to understand how the admissions process works and how race can factor into decision-making.

After the simulation, the audience will engage in a dialogue with a panel of experts that include a litigator involved in both cases, a student who testified in the Harvard trial, a former admission officer, and a social scientist and legal scholar who has filed numerous legal briefs on behalf of the education community in affirmative action cases. Discussion topics will include: (1) the legal, evidentiary, and remedial distinctions between intentional discrimination and the constitutionality of a race-conscious admissions policy; (2) the social science evidence on the impact of race-conscious admissions policies on campus climate; and (3) the politicization of the affirmative action debate in the Asian American community and its implications.

I’ve covered affirmative action over the last few years in several columns:

  1. Can We Now Address Legacy Admissions? Or Will We Keep Focusing On Affirmative Action In A Silo?
  2. First Edward Blum Came For The Voting Rights Act, Now He Aims To Gut Affirmative Action With The Help Of Asian Americans
  3. As Asian Americans Become More Pivotal In The Affirmative Action Debate, Both Sides Weigh In
  4. Asian Americans Are Being Used As A Wedge To Advance The Anti-Affirmative Action Agenda
  5. Affirmative Action Is Here To Stay (For Now); How Will This Benefit The Legal Profession?
  6. Opponents Of Affirmative Action Will Get Another Bite At The Apple Next SCOTUS Term
  7. ‘Affirmative Action’ In Law: The Four-Letter Phrase

The panel fields questions from the filled ballroom of attendees (Photo by Renwei Chung)

For the record, everyone in the audience did not share the panelists’ or my viewpoint. It is clear that the growing divide within the Asian American community about access to higher education remains a highly contested issue. Now that I live next door to the University of North Carolina, I can attest that these cases will no doubt affect the campuses at issue, but also their respective holdings, and the appellate rulings, will reverberate throughout student bodies across the nation.

In the afternoon, Google sponsored the NAPABA Lunch Plenary titled, “Fred Korematsu’s Fight for Justice: A Reenactment of Korematsu v. United States.” The feature speakers included: Vincent T. Chang, Edward Chen, Yang Chen, Denny Chin, Francis H. Chin, Kathy Hirata Chin, Anna Mercado Clark, Andrew T. Hahn, Sr., Karen Korematsu, Lauren U.Y. Lee, Dale Minami, Concepcion Montoya, Peggy Ann Nagae, Karen Narasaki, Clara J. Ohr, Marilyn Hall Patel, Don K. Tamaki, Vinoo Varghese, Ona T. Wang, David Weinberg, and Jessica C. Wong.

As highlighted in the program:

Over seventy-five years ago, on February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, uprooting some 120,000 Japanese-Americans—two-thirds of them American citizens—from their homes on the West Coast and forcing them into concentration camps.

Although the rest of his family reported as ordered, Fred Korematsu refused to go. He was arrested, and convicted of violating the Executive Order and related military proclamations. He appealed his conviction first to the Ninth Circuit and then to the Supreme Court. The Supreme Court affirmed his conviction as well as the convictions of Minoru Yasui and Gordon Hirabayashi, upholding the Executive Order.

In 1983, some forty years later, the federal court in San Francisco vacated Korematsu’s conviction after evidence was uncovered showing that the government had suppressed evidence that undermined its assertions in the cases before the Supreme Court that the relocation and incarceration of Japanese Americans during World War II without individualized consideration of loyalty was a matter of military necessity. Fred Korematsu spent the rest of his life teaching the lessons of his case. As he put it, “No one should ever be locked away simply because they share the same race, ethnicity, or religion as a spy or terrorist.”

This program will tell the story of Fred Korematsu and his fight for justice through narration, reenactment of court proceedings, and historic documents and photographs. This is the eleventh of a series of historic reenactments presented by the Asian American Bar Association of New York.

It was quite fitting Google supported the lunch plenary as it had honored the late Korematsu for his 98th birthday in its Google Doodle two years ago. At last year’s Asian Pacific Interest Section of the State Bar of Texas (APIS) “Our Time is Now” Conference, Karen Korematsu, Founder and Executive Director of the Fred T. Korematsu Institute, reminded the audience of how far we’ve come and implored us to become more involved in our communities — to make a difference and to keep the ball rolling forward. The other featured speaker, Andrew C. Kim, questioned the Conference’s theme. He stated, “We are proclaiming ‘our time is now,’ but is it? I’m not so sure. I do know that if we do not speak up when there is injustice and we just keep our heads down — to go along to get along, like most of our parents taught us — there will be no change. We must act if indeed our time is now.”

I was thrilled NAPABA honored the late Korematsu and brought him to the forefront of the consciousness of the first time NAPABA attendees and young Asian Pacific American attorneys in the audience. As I have mentioned in a past ATL column titled “In Honor Of Fred Korematsu Day, Let’s Remember The Legacies We Have All Inherited And Our Duty To Fight Injustice,” along with his courage and sacrifices, Korematsu should be honored nationally for his contribution to our country’s history of civil rights. In The Dallas Morning News, I recently wrote that for Thanksgiving, I will be thankful for many things, but I will particularly be grateful for those who have fought for our civil rights. Freedom isn’t free, and many people have made the ultimate sacrifice so we could be where we are today. Texas should honor Fred Korematsu for his contribution to our country’s history of civil rights.

In the afternoon, I had the opportunity to join Congresswoman Eddie Bernice Johnson for her Asian American Advisory Council conference. Johnson spoke about the importance of the 2020 Census, need for diverse candidates as the lines get redrawn, upcoming HB-1 visa bills, Trump impeachment inquiry process, and our government’s needed role in the rising tensions between China and Hong Kong. I appreciated her insights regarding the history of the United States and Taiwan. But above else, I continue to be amazed by Johnson’s institutional knowledge and bias for action.

ATL Diversity Columnist Renwei Chung, General Counsel Al Li, and Director, Sr. Counsel Kevin Chung catch up at the NAPABA Welcome Reception (Photo by Renwei Chung)

Just as the panelists for the affirmative action conversation implored the audience, when judging someone it is important to be mindful and conscious of their history and understand them in a holistic context — we must be mindful of the legacies we have all inherited and conscious of the shoulders we stand on. On Tuesday of this week, my late father would’ve turned 75 years old. I’m reminded of the many lessons he taught me when I attend a NAPABA conference.

Whether its affirmative action, human trafficking, digital media for children, secondary trauma in the courtroom, female representation in corporate Silicon Valley, healthcare fraud, digital health, body cameras, smart contracts and blockchain, artificial intelligence and employment discrimination, or the crisis at the border, NAPABA continues to host programs that tackle the toughest issues of our day.

A San Diego NAPABA 2016 millennial reunion photo (Photo by Renwei Chung) 

Beyond crafting the annual programing, NAPABA helps to cement lifelong bonds for the participants who make the pilgrimage to its annual convention every year. The affinity groups, galas, and conferences serve as a community replenishment for the mind, body, and soul of NAPABA members and attendees.

Fellow millennials, and now Gen Z members, I encourage you to put some money aside every paycheck and dedicate these funds to visiting interesting people, attending affinity events, and going “all in” on your respective pursuits. And don’t ever become too busy to return your parents’ phone calls. They deserve to hear from you more often. In fact, call them right now and thank them for everything they’ve done for you. One day, you may not get the chance to do this.


Renwei Chung is the Diversity Columnist at Above the Law. You can contact Renwei by email at projectrenwei@gmail.com, follow him on Twitter (@renweichung), or connect with him on LinkedIn

Cravath Churns Out Notable Attorneys — Even When They Don’t Work At Cravath

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A onetime name partner of what Biglaw firm was also a former partner at Cravath? He joined the firm that carried his name after serving as Assistant Secretary of War under President Franklin Delano Roosevelt.

Hint: This attorney served in a number of government positions, including as a member of the Warren Commission following the assassination of John F. Kennedy.

See the answer on the next page.

Sears Spending Another $250 Million It Doesn’t Have To Shrink By One Third

Fewer stores, more money.