Impunity Watch: Asia

India May Repeal Homosexuality Law

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

NEW DELHI, India – The country’s second national Gay Pride march was held in New Delhi as Indian officials prepare to repeal an anti-gay law despite opposition from religious and some political leaders.  India is one of the few democracies in the world that still criminalizes homosexuality.

Section 377 of the Indian Penal Code was drafted in 1860 by the British and criminalizes consensual sex between adults of the same gender.  Those found guilty are punishable by a 10-year jail sentence.

Spokesman for the opposition party, Sidharth Nath Singh, said, “This is a sensitive issue and warrants a debate within the Indian society at large before arriving at any decision,” and the party’s leader remarked that the government should not make changes to the law in haste, adding that India is neither Europe nor America.  India’s Law Minister also stated, “[W]e are not going to rush to any conclusion.  We will certainly take into account concerns of all sections….”  

Conversely, India’s religious leaders oppose repealing the law.  Babu Joseph of the Catholic Bishops’ Conference of India said, “[W]e are certainly in principle against legalizing [homosexuality], because that would mean the state endorsing same-sex relationships,” and homosexuality “violates fundamental norms of a family.”  India’s Muslim leaders also oppose repealing the anti-gay law saying, “Islam does not allow any unnatural act.  No Muslim in the world, let alone India, can ever support it.”

Source: Times Online

However, activists are claiming that the homosexuality law violates India’s Constitution, which guarantees all citizens right to equality and personal liberty, and the UN International Covenant on Civil and Political Rights.  Supporters of repealing the law also say that the anti-gay law makes it hard for HIV infected gay men to seek medical treatment.  A local NGO has challenged the law’s constitutionality with the Delhi High Court, and the ruling is expected next month.

For more information, please see:

Asian Tribune – India will repeal anti-gay law but in a hurry, says Law Minister Moily – 29 June 2009

CNN – India faith leaders: Anti-gay law must stay – 29 June 2009

Times Online – India to repeal anti-gay law as second Gay Pride is held – 29 June 2009

Khmer Rouge Survivor Testifies at UN-Backed Tribunal

By Alishba I. Kassim
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia - One of the last remaining survivors, Vann Nath, of the notorious Tuol Sleng prison gave his testimony today at Cambodia's war crimes tribunal. Also in attendance facing charges was Comrade Duch (a.k.a. Kaing Guek Eav), a senior Khmer Rouge official in charge of the infamous prison. Up to 16,000 men, women, and children were tortured under his command and later taken away to be executed in the late 1970's. Vann Nath is one of only seven to have survived the prison, and only one of three currently living.

"The conditions were so inhumane and the food was so little…I even thought eating human flesh would be a good meal," Vann Nath told the UN-backed tribunal in Phnom Penh. During his testimony, Nath, now 67, told the tribunal that he was fed twice a day, and each meal consisted of three teaspoons of rice porridge. "We were so hungry, we would eat insects that dropped from the ceiling… We would quickly grab and eat them so we could avoid being seen by the guards."

Nath testified that he only survived his imprisonment at the jail and was spared torture because Comrade Duch liked his paintings of the Khmer Rouge leader, Pol Pot. Comrade Duch is the first senior Khymer Rouge leader to face trial and the only one to take responsibility for his actions. Duch is charged with crimes against humanity and is the first of five defendants scheduled for trials by the UN-assisted tribunal. The four other Khmer officials will face trial in the coming year.

Duch himself has previously testified that being sent to Tuol Sleng prison was "tantamount to a death sentence," and that he was only following orders to ensure his own safety. Earlier in his trial, the 66-year-old admitted responsibility for his role as governor of the jail, and begged forgiveness from his victims. The Khmer regime’s policies caused the deaths of an estimated 1.7 million people nationwide through execution, torture, disease, and malnutrition.

For more information, please see:

BBC - Khmer Rouge Survivor Testifies - June 29, 2009

CBC News - Ex-Khmer Rouge Prisoner Testifies at Trial in Cambodia - June 29, 2009

Reuters - Pol Pot Paintings Saved my Life - June 29, 2009   

 

Thai Red Shirts Stage Anti-Government Rally

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BANGKOK, Thailand – In one of the biggest demonstrations to take place in the recent months, more than 30,000 Thai “red shirts” gathered in Bangkok for an anti-government rally.  The “red shirts” were silenced when the government threatened a crackdown back in April after the protest led to the worst street violence in 15 years.

"Red shirt" protesters in Bangkok (Source: AP)   

“Red shirts” are members of the United Front of Democracy Against Dictatorship (UDD).  Thai society is divided into either “red” or “yellow” shirts, the “reds” representing Thais in rural areas who support the former Prime Minister Thaksin Shinawatra and the “yellows” comprising Thai’s urban elite who consider the red shirts as a threat to the Thai monarchy. 

Thaksin, who is currently in exile, addressed the crowd via telephone saying, “We come here because we want to see true democracy.  We loathe injustice.  We loathe double standards.  We’re here to say if you want us to stop, then return justice and true democracy.”

Supporters of Thaksin said they are calling for the current prime minister’s resignation, the dissolution of the government and for general elections.  The protesters also accuse the “yellows,” which include the military, judiciary and other unelected officials, of undermining Thailand’s democracy and orchestrating a coup back in 2006.

Nuttawut Saikua, one of the organizers of this rally, said, “We rally today because we want to get rid of the government, the aristocracy and bring back true democracy to people.”

UDD has planned three more protests in addition to this rally in Bangkok although the timing for the next rallies has not been set.  UDD’s leader Jatuporn Promphan explained that his group will evaluate several factors such as the political situation before determining the date for each rally.

For more information, please see:

BBC – Thai protesters return to streets – 27 June 2009

China View – Renewed Thai anti-gov’t rally peaceful, to disperse on Sunday morning – 27 June 2009

MSNBC – Thousands of anti-govt protesters mass in Bangkok – 27 June 2009

Kazakhstan to Tighten Internet Control

By Alishba I. Kassim
Impunity Watch Reporter, Asia

ALMATY, Kazakhstan – Kazakhstan’s parliament has approved a law tightening government control of the internet. The new bill will subject chat rooms, blogs, and other social networking sites to potential criminal prosecution.

Media activists in Kazakhstan have been opposing the law and say it will vastly limit freedom of speech, and is designed to allow arbitrary crackdowns on anyone opposing Nursultan Kazarbayev, Kazakhstan’s president.

Kazakh authorities have denied the media’s allegations, and instead maintain that the new law is aimed to curb the distribution of child pornography, extremist literature, and other "unsuitable" material. "The law is not a regulation of the internet. The amendments introduced to the law are aimed at stopping the dissemination of illegal information on the internet," the government’s state information agency said.

The Organization for Security and Co-operation in Europe (OSCE), Europe’s main human rights and security agency, has criticized the bill. Miklos Harszti, a representative on media freedom, said the law "limits the freedom of the internet and media freedom in general. Its adoption would be a step backwards in the democratization of Kazakhstan’s media governance."

He further said that Kazakhstan is due to take over chairmanship of the OSCE in six months and "refusing to enact this law will send a strong signal that the forthcoming OSCE chairmanship of Kazakhstan in 2010 intends to fully honor the country’s OSCE media freedom commitments."

Several leaders from Kazakhstan’s political opposition as well as the media community have started to stage small protests in Almaty, Kazakhstan’s largest city.

For more information, please see:

Al Jazeera - Kazakhstan to Tighten Internet Law - June 26, 2009

Daily Times - Kazakhstan Adopts Tough Internet Law - June 25, 2009

Radio Liberty - Kazakhstan Adopts Controversial Internet Law - June 25, 2009  

Formal Arrest Made in China of Prominent Activist

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BEIJING, China– Liu Xiaobo, one of China’s most prominent political activists, was formally arrested after being held for six months in a secret Beijing location.  Liu was taken from his home and held by the police without formal notification to his family until yesterday. 

Liu Xiaobo (Source: BBC)                                          

The police took Liu away one day before the publication of “Charter 08,” a document he co-authored with 300 other intellectuals calling for a new constitution, human rights, elections, freedom of speech and religion in China, and to end the Communist Party’s control over the military, courts and the government. 

Beijing’s public security bureau claimed Liu is being arrested for “spreading of rumours and defaming of the government, aimed at subversion of the state and overthrowing the socialism system in recent years.”

Despite Chinese government’s allegations, there has been global support for Liu’s release.  Leader of the U.S. House of Representatives Nancy Pelosi wrote to China’s president asking for the release of Liu and other “prisoners of conscience.”

In addition, Amnesty International said, “This use of state security charges to punish activists for merely expressing their views must stop.  This is another act of desperation by a regime that is terrified of public opinion.”

Charter 08, published on the 60th anniversary of the promulgation of the Universal Declaration of Human Rights, also called for the abolition of a Chinese criminal code that allows imprisonment for “incitement to subvert state power,” which is the crime Liu is accused of committing.

Fighting back tears, Liu’s wife said, “I am so worried about him.  I don’t know how many more years he will be imprisoned now.”  She was allowed to see Liu during a supervised visit back in March where she noticed that he looked thin and pale.

The charge against Liu carries maximum of 15 years in jail, and Liu’s arrest is the highest-profile arrest of Chinese activists since last year.

For more information, please see:

AP – China arrests dissident who championed reforms – 24 June 2009

BBC – China activist formally arrested – 24 June 2009

CBS News – Chinese Media Says Dissident Liu Xiaobo Arrested – 24 June 2009

China Digital Times – Chinese Dissident Liu Xiaobo Formally Arrested – 23 June 2009

China Digital Times – Dissident Writer Liu Xiaobo Held in Secret after Sentence Ends - 9 June 2009

Cambodian Officials Stripped of Immunity

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Cambodia’s National Assembly has voted to remove parliamentary immunity for two opposition party officials, a move some are claiming is a sign that democracy in Cambodia is in jeopardy and going backwards.

This vote by Cambodia’s lower house would allow the court to prosecute Mu Sochua, former Minister of Women’s Affairs, and Ho Vann, Phnom Penh municipality representative, on defamation charges filed by the prime minister and other senior members of the ruling party.

Mu Sochua (Sourace: AFP)

Mu Sochua had initially filed a defamation suit against the prime minister for his remarks on a speech she made, but Phnom Penh Municipal Court dismissed the case earlier this month while continuing the countersuit filed by the prime minister.  Ho Vann was sued by a senior member of the ruling party after he made remarks on the validity of meaningless certificates given to Cambodian officials by Vietnamese schools. 

The UN has criticized Cambodian government’s use of courts against its critics, and the UN High Commissioner for Human Rights said, “The lawsuits undermine the constitutional freedom and expression.”

Cambodia’s ruling party is arguing that the suspensions of immunity were in accordance with internal parliamentary rules, the law and the Constitution of Cambodia.  However, since April, eight criminal defamation and disinformation complaints have been filed in the courts by Cambodia’s highest authorities against government critics.

Human Rights Watch said the prime minister has “a long history of trying to muzzle Cambodia’s political opposition and undermine the independence of the legal profession.” 

With many local and international human rights group raising concerns over this violation of free speech, especially for lawmakers whose rights are guaranteed by the Constitution, Mu Sochua said she is prepared to go to jail rather than pay a fine to the prime minister if found guilty.

For more information, please see:

BBC News – Cambodia strips MPs of immunity – 22 June 2009

Breitbart.com – Cambodia suspends immunity of two opposition lawmakers – 22 June 2009

Radio Australia News – Cambodian opposition MPs stripped of parliamentary immunity – 22 June 2009

Taiwan News – Cambodia lawmakers, stripped of immunity, protest – 22 June 2009

Tibetan Monks Finally Escape China

By Alishba I. Kassim
Impunity Watch Reporter, Asia

DHARAMSALA, India - Lobsang, and his fellow Tibetan monks courageously broke their silence in front of a group of 20 foreign and Chinese journalists over a year ago. After a long year of hardship, three out of 15 protesting monks have finally managed to find refuge in India, and tell their story.

Lobsang and others bravely unfurled hidden banners reading messages like "We have no human rights" a year ago when journalists arrived at their monastery, despite the obvious dangers that awaited them.

The journalists had been invited by Chinese officials to show that Tibetans were content under Chinese rule; however, the 15 monks outside the monastery seized the opportunity to express their true feelings. "If we monks hadn’t seized the opportunity to express our feelings, which are feelings in all Tibetan monks, then we would have missed a chance to tell the world," said Lobsang.

Several Chinese officials insisted that the protests were planned by the Dalai Lama, and the Tibetan monks themselves were not unhappy under Chinese rule. The monks from Labrang said harsh Chinese policies sparked the protest. "I and my friends decided on our own to protest. The protests were caused by human rights violations and Chinese policies toward Tibet. We couldn’t tolerate it anymore."

Alongside Lobsang, a half-dozen other monks scrawled slogans such as "We have no freedom of speech" on Tibetan flags with their wills written on the back, convinced of their death.

Now that Lobsang and two other monks from the protest, Gyatso, and Jamyang have found refuge in India after a year of hiding from Chinese authorities, they speak more freely about the situation in Tibet. Over the years the Chinese government has been limiting the number of monks allowed to live in monasteries and have been cracking down on festivities honoring the Dalai Lama. The protests that began over a year ago have resulted in the detention of numerous monks and have led to the emptying out of monasteries. Chinese authorities have further clamped down on Tibet, making it more difficult for monks to the leave the country.

The tightly controlled conditions have also led to an increase in the number of suicides amongst Tibetan monks.

For more information, please see:

New York Times - Monks Tell Tale of Escape - June 21, 2009

Tibet Custom - Monk Suicide on the Rise in Tibet - June 22, 2009

AFP - Dalai Lama Urges Pressure over Tibet Oppression - June 5, 2009   

Thai rebels condemned for killing teachers

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

BANGKOK, Thailand – A human rights organization is demanding that Muslim insurgents in Thailand stop the “sickening trend” of killing teachers.  Since the separatist rebellion began in 2004 in Thailand’s three southern provinces, 115 teachers have been killed and more than 100 have been wounded.  200 schools have also been burned down.

Five teachers have been killed since a new school term began in May as a result of the recent escalation in violence in southern Thailand.  Brad Adams of Human Rights Watch said, “[S]eparatist insurgents are increasingly attacking teachers, who they consider a symbol of government authority and Buddhist Thai culture.  There is no excuse for such brutality” 

On June 16, the insurgents shot a school teacher while she was riding her motorcycle from home to school.  Earlier this month, the insurgents also attacked a truck transporting school teachers, and singled out and killed two Thai teachers.

Soldiers guarding the scene where teachers were killed (Source: Daily Mail Online)

Violence increased after 10 Muslims were killed in the June 8 mosque bombing in one of the southern provinces.  Although Thai government has strongly denied the accusation, rumors have spread calling Thai authorities as the mastermind behind the mosque bombing.

The insurgents are fighting to create an independent Muslim state, because they distrust the predominantly Buddhist Thai authorities.  This violence has led to more than 3,500 deaths since 2004 of both Buddhists and Muslims in Thailand.  36 civilians have been killed due to the insurgency so far in June.

“The attacks on teachers not only violate international law prohibitions against targeting civilians, but also threaten children’s basic right to education,” said Human Rights Watch. 

The Group also asked the Thai authorities to hold those responsible in a lawful manner and to bolster security at schools. The government has promised to make schools safe and teachers secure at their workplace, but hundreds of teachers have requested that they be transferred from the region.

For more information, please see:

Human Rights Watch – Thailand: Insurgents Target Teachers in South – 18 June 2009

Mail Online – Three Buddhist teachers killed in Thai Muslim south – 11 June 2009

MSNBC – Thai rebels blasted for killing teachers – 19 June 2009

Sri Lanka: 280,000 Tamil Civilians Detained

By Alishba I. Kassim
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka - After Sri Lanka’s final victory over the Tamil Tiger rebels, the country continues to grapple with the issue of postwar resettlement.
 
Approximately 280,000 Tamil civilians remain detained, finding themselves living inside barbed wire fences in large tents. Despite challenges to their detention from various human rights agencies, the government maintains that their detention is an imperative security measure. Security in the detention facilities continues to be tightened with limited humanitarian access. Vehicles of aid organizations have been barred after the military suggested they were smuggling out members of the Liberation Tigers of Tamil Eelam.
 
Resettlement remains an issue for the Sri Lankan government who have not yet produced a clear plan. No details have been shared with the UN who have ample experience in this area and are willing to provide greater assistance.
 
The Sri Lankan government has maintained a closed door policy on these matters and have publicly refuted accusations of mismanagement and human rights violations during and after the fighting. There has been little or no probe of the military’s tactics during the fighting, and claims implicating the army’s indiscriminate shelling of civilians have been swept under the rug. Earlier this week a presidential panel set up to investigate human rights abuses during the fighting was also shut down.
 
Sri Lanka maintains a firm stance on state sovereignty since it has often been undermined in developing countries by the world’s super powers. However that being said, some level of intervention is necessary in order to investigate and respond to matters of human rights - especially when 280,000 displaced civilians are at stake.

For more information, please see:

Christian Science Monitor - Sri Lanka's Post-war Resettlement Stalls - June 19, 2009

NPR - Sri Lankan Tamils Ponder Future - June 19, 2009

Tamil Sydney - Rising Threat of Post-war Disappearances - June 19, 2009

The Hindu - Sri Lanka Not to Allow Visits to Tamil Camps - June 19, 2009  

  

Families with AIDS evicted in Cambodia

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia– After a week of negotiations, 20 families with HIV/AIDS were evicted from their homes in Cambodia today.  The families have been forced by the Cambodian government to move out of the Borei Keila community in central Phnom Penh and resettle in Tuol Sambo, which is known as the “AIDS village” by the locals.

Families have been protesting the move for months, complaining that they would have no means of income or medical care at the new location.  Tuol Sambo has no clean water or electricity, and the homes are made of metal sheets.  Most families are not in the position to battle the authorities, and they fear that they will face further discrimination by living in Tuol Sambo. 

A man carries his belongings as another resident watches before being transported to the new resettlement site (Source: AP)

Amnesty International has condemned the move calling it “segregation,” and added, “The site’s long distance from the city hampers access to health services and jobs…[t]he families have urgent humanitarian needs…[t]here is a real risk that the health of the evicted families will deteriorate there.”

However, the Cambodian government is claiming that the families had illegally settled on government land where the authorities now wish to build new offices for Ministry of Tourism.

Last year, around 23,000 Cambodians were evicted from their homes and another 150,000 are at risk of facing eviction due to land disputes and commercial development projects.  Human rights organizations said evictions are a major social problem hurting Cambodia’s stability.

Furthermore, according to the 2008 estimate by the UN, 75,000 Cambodians are infected with AIDS and 100,000 have died due to AIDS-related causes, which is the highest in Southeast Asia.  The government is trying to decrease its HIV/AIDS prevalence to 0.6% by 2010 and have allocated about $50 million to combat the disease. 

Despite the government’s efforts, Director of Cambodian League for the Promotion and Defense of Human Rights Naly Pilorge said, “It is tragic that the government has chosen to create a permanent AIDS colony where people will face great stigma and discrimination.”

For more information, please see:

Amnesty International – Amnesty International Condemns Cambodian Government’s Eviction of 20 Families Living with HIV/AIDS – June 18, 2009

Kaiser Daily Reports – Cambodia Aims to Decrease HIV/AIDS Prevalence to 0.6% by 2010 – 6 April 2009

MSNBC – Cambodian authorities evict HIV-affected families – 18 June 2009