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Sri Lanka's promise to free displaced must be followed by concrete action
Amnesty International has welcomed the government of Sri Lanka's promise to lift by 1 December any restrictions on movement of at least 130,000 people displaced by the war with the Liberation Tigers of Tamil Elam (LTTE).
"Now the Sri Lankan government needs to demonstrate that it will provide the displaced with necessary assistance such as shelter, food and security as they re-establish their homes," said Madhu Malhotra, deputy director of Amnesty International's Asia Pacific programme.
Hundreds and thousands of Tamils who escaped the war have been detained in camps under military control for the past six months, deprived of their freedom of movement. Many of them survived months of difficult conditions as they were forced to travel with retreating LTTE forces who forcibly recruited civilians, including children, and in some instances used civilians as human shields.
The Sri Lankan government has agreed to give people a choice about whether to remain in camps to seek alternative accommodation or attempt to return home.
"For months vulnerable people have been held in inadequate conditions in camps lacking adequate sanitation facilities and clean drinking water. If the Sri Lankan government follows through on its promise to allow thousands of people to return home, it would be the first step in the long struggle ahead for people rebuilding their devastated lives," said Madhu Malhotra.
Amnesty International stressed the continued need to protect the rights of internally displaced people both within and outside the camps.
The organization also urged the Sri Lankan authorities to abide by the principles of International humanitarian law and ensure that displaced people are supported to make voluntary and informed decisions about their future.
"Humanitarian and human rights organizations should be given unimpeded access to displaced people and those attempting to resettle to monitor their safety and wellbeing and ensure their needs are being met, including that they are protected against further human rights violations," said Madhu Malhotra.
Since the war ended in May, an estimated 12,000 displaced people (including children) suspected of links to the LTTE have been arbitrarily arrested, separated from the general displaced population and detained by the authorities in irregular detention facilities, such as vacated school buildings.
Amnesty International said it is concerned about lack of transparency and accountability in that process, which is conducted outside of any legal framework and the increased dangers to detainees when they are held incommunicado.
The organization said that persons arrested on suspicion of links to the LTTE and accused of crimes should be charged with legitimate offences, tried and prosecuted in accordance with the law.
Abduction and killings of journalists and politicians in the Philippines must be investigated
Amnesty International has condemned the killings of at least 21 civilians, including journalists and members of a politician's family, in the southern Philippines province of Maguindanao, the first reported killings linked to national elections to be held in May 2010.
A group of about 45 people were ambushed and abducted by about 100 armed men, according to reports. The military recovered the bodies of 13 women and eight men—some of them mutilated.
"These killings underline the danger facing civilians in the run up to the national elections. The authorities must immediately launch an independent and effective investigation into these murders and ensure that they do all they can to prevent killings and other violence," said Donna Guest, Deputy Asia Pacific Director, Amnesty International.
The sister and the wife of Esmael Mangudadatu, vice mayor of Buluan town, were on their way to file his certificate of candidacy as provincial governor when they were attacked.
The province of Maguindanao witnessed widespread election violence during previous polls.
Amnesty International has been told that at least 12 journalists were part of the group who were targeted. It is not known how many journalists were killed.
Private armies, often employed by rich and politically influential families in Mindanao, have committed abuses with impunity.
"The government must prohibit and disband private armies and paramilitary forces immediately. The authorities should also establish clear standards on human rights protection and ensure their implementation, particularly during the election period when politically-motivated killings could increase." said Donna Guest.
A group of about 45 people were ambushed and abducted by about 100 armed men, according to reports. The military recovered the bodies of 13 women and eight men—some of them mutilated.
"These killings underline the danger facing civilians in the run up to the national elections. The authorities must immediately launch an independent and effective investigation into these murders and ensure that they do all they can to prevent killings and other violence," said Donna Guest, Deputy Asia Pacific Director, Amnesty International.
The sister and the wife of Esmael Mangudadatu, vice mayor of Buluan town, were on their way to file his certificate of candidacy as provincial governor when they were attacked.
The province of Maguindanao witnessed widespread election violence during previous polls.
Amnesty International has been told that at least 12 journalists were part of the group who were targeted. It is not known how many journalists were killed.
Private armies, often employed by rich and politically influential families in Mindanao, have committed abuses with impunity.
"The government must prohibit and disband private armies and paramilitary forces immediately. The authorities should also establish clear standards on human rights protection and ensure their implementation, particularly during the election period when politically-motivated killings could increase." said Donna Guest.
Myanmar must end arrests of activists and continue aid after Cyclone Nargis
International donors meeting in Bangkok this week should pressure the Myanmar authorities to end harassment of activists trying to help survivors of Cyclone Nargis, and ensure sufficient aid reaches those affected, Amnesty International said on Tuesday.
In late October, the Myanmar authorities arrested at least 10 political activists and journalists for accepting relief donations from abroad, sources inside the country told Amnesty International.
Their whereabouts is unknown and it is not clear whether any charges have been brought against them.
The ten —whom Amnesty International considers prisoners of conscience— were among at least 41 dissidents arrested last month as part of a broader crackdown by the Myanmar government.
"The authorities are denying Nargis survivors assistance they desperately need and have a right to receive," said Benjamin Zawacki, Amnesty International's Myanmar Researcher.
The most recent crackdown precedes the 25 November meeting of the ASEAN Tripartite Core Group (TCG), which was established in May 2008 to monitor, coordinate and facilitate international aid to areas hit by Cyclone Nargis. It comprises high-level representatives from ASEAN, the Myanmar government, and the United Nations.
"More than 18 months after the cyclone, the survivors still require critical support from the international community," said Zawacki.
Extra funding is still needed to provide new houses, cyclone shelters, livelihood programmes, water and sanitation facilities, education facilities, and health services to hundreds of thousands of people in Myanmar, international agencies say.
The TCG's three-year project for post-cyclone recovery efforts has a projected cost of US$691 million, but only $125 million has been committed.
"Leaders meeting in Bangkok must ensure that the required aid is forthcoming and reaches those who need it," Zawacki said. "The international community should increase its donations and demand transparency, accountability, and non-discrimination in the distribution of aid."
Seven people arrested in late October are members of the local Lin Let Kye (Shining Star) programme, formed in May 2008 and devoted to relief and social activism: Ka Gyi, Zaw Gyi, Lai Ron, Shwe Moe, Aung Myat Kyaw Thu, Paing Soe Oo, and Thant Zin Soe, who is also the editor of Foreign Affairs Weekly. Three others who had made donations to humanitarian efforts, Thet Ko, Myint Thein, and Min Min, were also arrested.
Cyclone Nargis struck Myanmar on 2 and 3 May 2008, and left 140,000 people dead or missing.
In October the US pledged to fund US$10 million through international NGOs for Nargis-related recovery programs, while the EU committed to funding 35 million Euros (US$51.5 million) for the Livelihoods and Food Security Trust (LIFT) fund, aimed at improving human security in Myanmar. Funds of US$326 million have been committed so far in the original 2008 Myanmar Flash Appeal, out of the US$477 million requested.
Tajikistan women beaten, abused and raped in the family
The authorities in Tajikistan must properly prosecute violence against women as a criminal offence, Amnesty International said in a report published on Tuesday.
Violence is not just a family affair: Women face abuse in Tajikistan, documents the physical, psychological and sexual abuse women face in the family and urges the authorities to address it as the crime it is and not to dismiss it as a "private family matter".
"Women in Tajikistan are beaten, abused, and raped in the family but the authorities tend to reflect the societal attitude of blaming the woman for domestic violence. They see their primary role as mediator, to preserve the family rather than protect the woman and to safeguard their rights," said Andrea Strasser-Camagni, Amnesty International's expert on Tajikistan.
"The traditional Tajik family values, reinforced after the break-up of the Soviet Union, impose further discrimination on women by narrowing their identity to that of wife and mother, or pushing them into the lowest paid sector of the job market."
"By writing off violence against women as a family affair the authorities in Tajikistan are shirking their responsibility to a large part of the population. They are allowing perpetrators of such crimes to act with impunity and, ultimately, denying women their human rights."
Violence against women, and especially in the family, is widespread in Tajikistan. One-third to one-half of women have regularly been subjected to physical, psychological or sexual violence at the hands of their husbands or their in-laws.
Often, Tajik women are economically dependent on their husband's family. They have told Amnesty International that upon setting foot in the in-law's home after marriage they may be subjected to harsh treatment not only from their husbands, but also from their in-laws, and in particular from their mothers-in-law who themselves may have been abused as young brides.
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"Women are being treated as servants or as the in-laws' family property. They have no one to turn to as the policy of the authorities is to urge reconciliation which de facto reinforces their position of inferiority. This experience of violence and humiliation in the family makes many women to turn to suicide," Andrea Strasser-Camagni said.
There are insufficient services to protect the survivors of domestic violence, and most of these are provided by internationally funded local non-governmental organizations. The police, judiciary and medical staff are not sufficiently trained to deal with cases of domestic violence.
Education is a key factor in developing girls' empowerment and providing an escape route from violence and poverty. However, girls drop out early from schools; instead, they enter into early and often unregistered or polygamous marriages, all of which increase their dependency on their husbands.
Initial measures undertaken by the Tajikistani government to combat domestic violence have proved largely insufficient.
Although Tajikistan has ratified relevant international human rights treaties, it is falling short of its international obligation to protect and fulfil women's rights.
Amnesty International has called upon the Tajikistani authorities to:
- prevent and prosecute violence against women in the family through the introduction of an effective domestic law and nationwide support services;
- carry out a nationwide public awareness campaign in order to address the unlawful practices of unregistered, polygamous, and early marriages;
- remove all barriers to girls' education and address the root causes of girls dropping out of education.
China must free activist who defended earthquake victims
Amnesty International has urged the Chinese authorities to immediately and unconditionally release Huang Qi, a human rights defender who worked with the victims of the 2008 Sichuan earthquake. He was sentenced on Monday to three years' imprisonment.
The Court said the conviction was based on two city level documents found in Huang Qi's house and found him guilty of "unlawfully holding state secrets". Several dozen police surrounded the court on Monday morning. After negotiation, only his wife and mother were allowed to enter the court.
Several local women supporters who requested to enter the court to hear the sentence were beaten and injured.
There was only a verbal announcement and no written verdict has been given to the family. Huang Qi's lawyers were not able to come from Beijing to attend due to the short notice given.
Huang Qi protested immediately and said he will appeal. The judge asked court police to take him away and not allow him to speak.
Huang Qi was detained because of his work on behalf of families of five primary school pupils who died when school buildings collapsed in the Sichuan earthquake of May 2008. He had been attempting to bring a legal case against local authorities.
He was sentenced by the Wuhou District People's Court in Chengdu, Sichuan Province.
"The Chinese government is penalizing someone who is trying to help the victims of the Sichuan earthquake. Huang Qi should be treated as a model citizen, committed to the rule of law, but instead he has fallen victim to China's vague state secrets legislation," said Sam Zarifi, director of Amnesty International's Asia Pacific programme.
"He should never have been detained in the first place and should be released immediately."
"China's state secrets legislation needs to urgently be reviewed. These laws are used extensively to retroactively penalize lawful human rights activities and restrict freedom of expression."
Huang Qi was detained by plain clothed police officers on 10 June 2008 while having dinner in a restaurant. He was tried behind closed doors in August 2009.
The criminal proceedings against Huang Qi fell far short of China's legal regulations and international human rights standards.
Huang Qi was denied access to his family and lawyer while in detention, on the grounds that the case involved “state secrets”. He was first allowed to meet with his lawyer Ding Xikui, on 23 September 2008, after more than a hundred days in incommunicado detention.
On 2 February 2009, the Wuhou District People’s Court in Chengdu failed to publicly announce the schedule of his trial, as required by China’s Criminal Procedure Law.
On 3 February 2009, the Court, on the pretext of protecting “state secrets”, prohibited lawyer Ding Xikui from making photocopies of case documents to prepare for his defence.
During the 5 August trial, the court forbade witnesses from testifying on Huang Qi’s behalf, again citing “state secrets”.
Huang Qi’s health is said to be rapidly deteriorating.
His family fears that he is not receiving adequate medical treatment in custody. According to his other lawyer, Mo Shaoping, a doctor at the detention centre has diagnosed Huang Qi with two tumours, one in his stomach and another in his chest.
Amnesty international believes that Huang Qi was treated inhumanely during his custody, including being interrogated by police for long hours and subjected to sleep deprivation.
Chinese authorities have turned down repeated requests by Huang Qi’s family to release him on bail to await trial. His wife has been barred from visiting since the closed-door trial on 5 August 2009.
Huang Qi was also sentenced to five years’ imprisonment in 2003 for hosting an online discussion about the protests in Tiananmen Square in 2000.
The “evidence” against him included reference to an Amnesty International document about the Tiananmen crackdown, which had been posted on his web-site.
He was released on 4 June 2005. Following his release, he continued to maintain his website and his human rights work and was detained again on 10 June 2008, apparently for his assistance to the parents of students who died during the 2008 Sichuan earthquake in bringing legal cases against the local authorities.
Ohio moves to resume executions under new protocol
Amnesty International is appealing to the authorities in the state of Ohio not to resume executions, following their adoption of a new lethal injection protocol.
Ohio's decision to introduce the new lethal injection procedures followed the state's failed attempt to execute Romell Broom on 15 September.
Over two hours, the execution team repeatedly tried and failed to find a useable vein in which to insert the lethal injection needle. They finally gave up.
Ohio is seeking to execute Kenneth Biros on 8 December. Six other death row inmates are scheduled for execution in Ohio in the six months after that.
Ohio's Attorney General revealed on 13 November that the state had decided to alter its lethal injection procedures, arguing that the changes should end all claims raised in the litigation about how Ohio state authorities carries out executions.
The state authorities have decided to change from a three-drug process to a procedure that uses a large dose of one chemical, thiopental sodium, an anaesthetic.
Secondly, the state has developed a "back-up procedure" for cases when a suitable vein could not be found in a condemned inmate for his or her execution.
This procedure would involve injecting a combination of two chemicals, midazolam and hydromorphone, into a large muscle of the prisoner such as the thigh.
Ohio would be the first state to change to this method. Jonathan Groner MD, Professor of Clinical Surgery at the Ohio State University College of Medicine, has described Ohio’s proposal to Amnesty International as “an experiment”.
The Director of the Ohio Department of Rehabilitation and Correction has said that the changes would become effective by 30 November 2009, "in sufficient time to conduct the execution of Kenneth Biros".
On 13 November, the District Court judge overseeing the litigation rejected the state's bid for an expedited schedule so that it could execute Kenneth Biros with its new method on 8 December.
The state has appealed to the US Court of Appeals to have the current stay of execution, previously imposed by the District Court, lifted.
On 17 November, the Ohio parole board recommended against clemency.
The six other Ohio inmates currently scheduled for execution are: Abdullah Sharif Kaazim Mahdi (7 January 2010); Mark Brown (4 February); Lawrence Reynolds (9 March); Darryl Durr (20 April); Michael Beuke (15 May); and Richard Nields (10 June).
Amnesty International considers that the death penalty can never be rendered humane, regardless of the method of execution.
The organization is reminding the Ohio authorities that a clear majority of countries have abandoned executions and that the death penalty is not an option even in international tribunals considering the crimes of genocide, war crimes, and crimes against humanity.
It is calling for a moratorium on executions in the State of Ohio, pending abolition of the death penalty.
Ohio's decision to introduce the new lethal injection procedures followed the state's failed attempt to execute Romell Broom on 15 September.
Over two hours, the execution team repeatedly tried and failed to find a useable vein in which to insert the lethal injection needle. They finally gave up.
Ohio is seeking to execute Kenneth Biros on 8 December. Six other death row inmates are scheduled for execution in Ohio in the six months after that.
Ohio's Attorney General revealed on 13 November that the state had decided to alter its lethal injection procedures, arguing that the changes should end all claims raised in the litigation about how Ohio state authorities carries out executions.
The state authorities have decided to change from a three-drug process to a procedure that uses a large dose of one chemical, thiopental sodium, an anaesthetic.
Secondly, the state has developed a "back-up procedure" for cases when a suitable vein could not be found in a condemned inmate for his or her execution.
This procedure would involve injecting a combination of two chemicals, midazolam and hydromorphone, into a large muscle of the prisoner such as the thigh.
Ohio would be the first state to change to this method. Jonathan Groner MD, Professor of Clinical Surgery at the Ohio State University College of Medicine, has described Ohio’s proposal to Amnesty International as “an experiment”.
The Director of the Ohio Department of Rehabilitation and Correction has said that the changes would become effective by 30 November 2009, "in sufficient time to conduct the execution of Kenneth Biros".
On 13 November, the District Court judge overseeing the litigation rejected the state's bid for an expedited schedule so that it could execute Kenneth Biros with its new method on 8 December.
The state has appealed to the US Court of Appeals to have the current stay of execution, previously imposed by the District Court, lifted.
On 17 November, the Ohio parole board recommended against clemency.
The six other Ohio inmates currently scheduled for execution are: Abdullah Sharif Kaazim Mahdi (7 January 2010); Mark Brown (4 February); Lawrence Reynolds (9 March); Darryl Durr (20 April); Michael Beuke (15 May); and Richard Nields (10 June).
Amnesty International considers that the death penalty can never be rendered humane, regardless of the method of execution.
The organization is reminding the Ohio authorities that a clear majority of countries have abandoned executions and that the death penalty is not an option even in international tribunals considering the crimes of genocide, war crimes, and crimes against humanity.
It is calling for a moratorium on executions in the State of Ohio, pending abolition of the death penalty.
Chinese activists under threat after Obama visit
Chinese authorities must stop the harassment and arbitrary detention of dozens of human rights lawyers and activists who were targeted during US President Obama’s visit to the country earlier this week, Amnesty International said on Friday.
Security forces have kept dozens of lawyers and activists under house arrest or under surveillance during President Obama’s visit and prevented them from having any contact with foreign journalists reporting on the visit.
“It is a very negative sign that the Chinese government now actually steps up its repressive tactics during sensitive public events,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.
“This is a clear signal to China’s civil society, as well as to the United States, that the Chinese government will not abide by its international human rights obligations even when it knows the whole world is watching,” said Sam Zarifi.
On the morning of November 19th Jiang Tianyong, a lawyer, was blocked by police at the gate of his home in Beijing’s Haidian district as he was walking his daughter to school. Jiang had just returned from the US two days earlier.
Jiang Tianyong was held for 13 hours and questioned by police in Yangfangdian district police station near his home in Beijing.
The police did not provide him with any documentation authorizing his detention. When Jiang challenged the lawfulness of his detention the police told him that he was held for “attacking the police”.
Police also questioned his seven year-old daughter at school while he was in custody. He was released on November 19th, but the police told him that “the issue is not ended yet”. On the morning of November 20th at least six police officers were stationed at the gate to Jiang Tianyong’s house. The police initially blocked him from leaving but relented after negotiation.
“The Chinese government’s intimidation and harassment of lawyers and activists shows a complete disregard for human rights, the law and legal professionals,” said Sam Zarifi. “These are not the actions of a government that is committed to the rule of law.”
Other human rights lawyers including Li Xiongbing, Li Heping and Mo Shaoping also faced harassment, with three or four police officers stationed in front of their homes. Some of the police officers remain outside the lawyers’ homes.
Before President Obama’s visit to the country many activist and petitioners complained of state intimidation with police being posted outside their homes in Shanghai, Beijing and elsewhere in the country.
During the visit, some activists were escorted out of Beijing or were held in unofficial places of detention often knows as “black jails”.
Human rights activist and lawyers in China face violations of their own human rights, including torture and other ill-treatment, intimidation and arbitrary detention for their peaceful human rights work.
Russia moves one step closer to death penalty abolition
Amnesty International has welcomed a decision by Russia's Constitutional Court that brings the country a step closer to full abolition of the death penalty.
The Court decided on Thursday to extend the current moratorium on executions, which was due to expire in January, and recommended abolishing the death penalty completely.
“By taking this decision, the court frees the people of Russia from the fear of being put to death by their government. As long as Russia remains execution free, the inherent dangers of the wrongful use of the death penalty are removed,” said Nicola Duckworth, Europe and Central Asia Director at Amnesty International.
A moratorium has been in place since 1999 and was due to expire when all regions of the Russian Federation had introduced jury trials. This is set to happen on 1 January 2010 when jury trials are introduced in Chechnya.
The Court has now extended that moratorium, stating that: “The path towards the full abolition of the death penalty is irreversible."
Amnesty International has now called on the Russian authorities to remove the death penalty from law and ratify Protocol 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
“Russia has long been a supporter of abolition in the international arena and it is high time the country undertakes the last step and removes the death penalty in law," said Nicola Duckworth.
When Russia joined the Council of Europe in 1996, it promised to abolish the death penalty by 1999. The country stopped imposing the death penalty in 1998 and the Constitutional Court ordered a moratorium in 1999.
Danish government must arrest Sudanese President if he attends climate conference
Amnesty International has learned that the Danish government has invited Sudanese President Omar al Bashir, who is wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity in Darfur, to attend a meeting in Copenhagen on climate change in December.
“Denmark needs to make it clear that it will arrest President al Bashir if he travels to Copenhagen,” said Christopher Keith Hall, Senior Legal Adviser at Amnesty International.
“The International Criminal Court needs the cooperation of its member states. Under the Rome Statute, which established the ICC, Denmark has a duty to arrest and surrender any person within its territory who is subject to an arrest warrant issued by the ICC.”
“Denmark can and must demonstrate its leadership on bringing alleged perpetrators of the worst crimes to justice by acknowledging its duty to arrest,” said Christopher Keith Hall.
Amnesty International received the information during a meeting of member states to the Rome Statute of the International Criminal Court.
The ICC issued an arrest warrant for President al Bashir for war crimes and crimes against humanity in Darfur earlier this year.
Time for world leaders to ratify disappearances treaty
Amnesty International has called on world leaders to help prevent enforced disappearances by urging them to ratify a landmark treaty at the United Nations General Assembly (UNGA).
The International Convention for the Protection of All Persons from Enforced Disappearance (Disappearances Convention) needs just four more ratifications to become binding.
The UNGA third committee adopted a resolution on Thursday, with an unprecedented number of co-sponsors calling on all states to sign or ratify the convention without delay and bring the convention into force by December.
The convention aims to establish the truth about enforced disappearances, punish perpetrators and provide reparations to victims and their families.
"The Disappearances Convention is one of the strongest human rights treaties ever adopted by the United Nations," said Christopher Keith Hall.
"In the past, perpetrators of this crime have acted in the knowledge that they were unlikely to be held accountable, while the families of victims have been denied their right to justice. The Disappearances Convention is an important tool for the international community to halt this trend."
Ecuador became the 16th state to ratify the Convention on 20 October, while Germany and Spain did so on 24 September. In total, 81 countries have signed it.
The UNGA has expressed concern at the increase in enforced disappearances around the world. There are a growing number of reports of harassment, ill-treatment and intimidation of witnesses or relatives of persons who have disappeared.
The Disappearances Convention represents the culmination of a long effort by many families of disappeared persons, NGOs and governments to address the continuing problem of enforced disappearance through international law.
"Amnesty International urges all states that have not done so already to ratify the Convention at the earliest opportunity and to make the declarations to recognize the competence of the Committee on Enforced Disappearances to receive and consider both individuals’ and states’ communications," said Christopher Keith Hall.
"Victims of enforced disappearances and their families have waited long enough. If the international community acts swiftly, 2009 could finally bring them a new tool to search for their loved ones and obtain justice."
The International Convention for the Protection of All Persons from Enforced Disappearance (Disappearances Convention) needs just four more ratifications to become binding.
The UNGA third committee adopted a resolution on Thursday, with an unprecedented number of co-sponsors calling on all states to sign or ratify the convention without delay and bring the convention into force by December.
The convention aims to establish the truth about enforced disappearances, punish perpetrators and provide reparations to victims and their families.
"The Disappearances Convention is one of the strongest human rights treaties ever adopted by the United Nations," said Christopher Keith Hall.
"In the past, perpetrators of this crime have acted in the knowledge that they were unlikely to be held accountable, while the families of victims have been denied their right to justice. The Disappearances Convention is an important tool for the international community to halt this trend."
Ecuador became the 16th state to ratify the Convention on 20 October, while Germany and Spain did so on 24 September. In total, 81 countries have signed it.
The UNGA has expressed concern at the increase in enforced disappearances around the world. There are a growing number of reports of harassment, ill-treatment and intimidation of witnesses or relatives of persons who have disappeared.
The Disappearances Convention represents the culmination of a long effort by many families of disappeared persons, NGOs and governments to address the continuing problem of enforced disappearance through international law.
"Amnesty International urges all states that have not done so already to ratify the Convention at the earliest opportunity and to make the declarations to recognize the competence of the Committee on Enforced Disappearances to receive and consider both individuals’ and states’ communications," said Christopher Keith Hall.
"Victims of enforced disappearances and their families have waited long enough. If the international community acts swiftly, 2009 could finally bring them a new tool to search for their loved ones and obtain justice."
Egyptian Military Court of Appeals fails to rectify injustice
Amnesty International condemns the failure of Egypt's military appeals court to overturn sentences imposed on leading members of the banned Muslim Brotherhood organization after unfair trials and calls on the authorities to stop trying civilians in military tribunals.
“The decision of the Supreme Court of Military Appeals to confirm the sentences of up to seven years’ imprisonment imposed on 18 Muslim Brotherhood members – all of them civilians – is a stark failure to remedy the injustice done after a grossly unfair trial,” said Malcolm Smart, director of Amnesty International's Middle East and North Africa programme.
The appeal court's decision on Tuesday means that five of the 18 who remain imprisoned – the others were released in July by order of an administrative court – must now serve the remainder of their prison sentences. The five include Khairat al-Shatir, the third highest ranking Muslim Brotherhood leader, who was sentenced to seven years in prison.
On 17 November, the Supreme Court of Military Appeals rejected the appeals filed by all 18 defendants after they were convicted and sentenced to prison terms on 15 February 2008 after an unfair trial before the Supreme Military Court of Haikstip, northern Cairo. Seven others who had escaped arrest were tried in their absence at the same time and sentenced to up to 10 years in prison.
“Trying civilians before military courts, whose judges are serving members of the military, flouts international standards of fair trial and is inherently unjust, regardless of whether the defendants are allowed a right of appeal or not.”
A total of 25 defendants were sentenced on terrorism and money-laundering charges in connection with their membership of the Muslim Brotherhood. Fifteen others were acquitted. All denied the charges. Their trial opened on 26 April 2007, after President Mubarak ordered in February 2007 that they should be tried before a military court. Earlier, a civilian court had thrown out charges against 17 of them.
International observers sent by Amnesty International and other organizations were prevented from attending the trial sessions by the Egyptian authorities.
The Supreme Court of Military Appeals ruling came a month after the UN's leading expert on human rights and counter terrorism, Martin Scheinin, issued a damning report calling on the Egyptian authorities to stop trying civilians before military courts.
Another UN group, the Working Group on Arbitrary Detention, ruled in 2008 that the detention of 26 members of the Muslim Brotherhood arrested between December 2006 and January 2007 was arbitrary and urged the authorities to release them. Fourteen of the 26 were among those whose appeals were rejected on Tuesday.
Amnesty International has repeatedly called on the Egyptian government to stop trying civilians before military courts. The procedures of military trials violate the right to a fair and public hearing before a competent, independent and impartial tribunal established by law.
In military court trials, the right to appeal to a higher tribunal is limited to hearings before the Supreme Court for Military Appeals which is composed exclusively of military officers and which only examines the law, its interpretation and procedural issues, rather than the evidence itself or the factual basis of the charges.
“All of those who remain imprisoned as a result of this unfair trial and appeal process should be immediately retried by a civilian court that conforms to international fair trial standards or else released,” said Malcolm Smart.
Soldiers convicted for ill-treatment of conscientious objector in Turkey
Amnesty International has welcomed the conviction of three Turkish soldiers for “intentionally wounding” a conscientious objector while he was in military custody.
A military court in Istanbul sentenced the soldiers to three months and 10 days' imprisonment on 13 November for the “intentional wounding” of Mehmet Bal in June 2008.
Mehmet Bal was arrested for evading military service on 8 June and detained at Hasdal Military Prison in Istanbul.
His lawyers told Amnesty International that the next day, a senior military officer took Mehmet Bal into a prison ward and ordered military prisoners to “do what is necessary to remind him of prison rules”.
Prisoners in the cell then kicked Mehmet Bal and beat his face and body with a plank of wood.
After the attack, Mehmet Bal was taken to Gümüşsuyu Military Hospital for treatment. He was then sent back to Hasdal Military Prison on 10 June, reportedly without having fully recovered from his injuries. Mehmet Bal was eventually released on 24 June and found not guilty of the charges against him in December 2008.
The three soldiers convicted of intentional wounding were all prisoners being held in the cell at the time of Mehmet Bal’s detention.
No charges have been brought against the military officer who allegedly instructed the prisoners to beat Mehmet Bal, nor against any other official at the prison.
Lawyers representing Mehmet Bal have appealed the verdict on the grounds that the men should have been convicted of the more serious offence of "torment" (eziyet).
“We welcome the fact that soldiers who ill-treated Mehmet Bal have been convicted. However, Mehmet Bal should never have been detained in the first place for simply exercising his right to freedom of conscience in refusing to perform military service,” said Andrew Gardner, Amnesty International’s researcher on Turkey.
Conscientious objectors are frequently ill-treated in Turkish military custody after being arrested and detained for their refusal to perform military service.
Amnesty International has repeatedly called on the Turkish authorities to stop the prosecutions of conscientious objectors and to introduce a civilian alternative to military service in line with European and international standards and recommendations
Legislation allowing the repeated prosecution and conviction of conscientious objectors for their refusal to perform military service remains in force despite a European Court of Human Rights ruling that such practices represent a violation of Article 3 of the European Convention of Human Rights (prohibition of torture or other ill-treatment).
In the vast majority of cases, effective investigations are not held following allegations of torture and other ill-treatment by state officials and those responsible are not brought to justice.
A military court in Istanbul sentenced the soldiers to three months and 10 days' imprisonment on 13 November for the “intentional wounding” of Mehmet Bal in June 2008.
Mehmet Bal was arrested for evading military service on 8 June and detained at Hasdal Military Prison in Istanbul.
His lawyers told Amnesty International that the next day, a senior military officer took Mehmet Bal into a prison ward and ordered military prisoners to “do what is necessary to remind him of prison rules”.
Prisoners in the cell then kicked Mehmet Bal and beat his face and body with a plank of wood.
After the attack, Mehmet Bal was taken to Gümüşsuyu Military Hospital for treatment. He was then sent back to Hasdal Military Prison on 10 June, reportedly without having fully recovered from his injuries. Mehmet Bal was eventually released on 24 June and found not guilty of the charges against him in December 2008.
The three soldiers convicted of intentional wounding were all prisoners being held in the cell at the time of Mehmet Bal’s detention.
No charges have been brought against the military officer who allegedly instructed the prisoners to beat Mehmet Bal, nor against any other official at the prison.
Lawyers representing Mehmet Bal have appealed the verdict on the grounds that the men should have been convicted of the more serious offence of "torment" (eziyet).
“We welcome the fact that soldiers who ill-treated Mehmet Bal have been convicted. However, Mehmet Bal should never have been detained in the first place for simply exercising his right to freedom of conscience in refusing to perform military service,” said Andrew Gardner, Amnesty International’s researcher on Turkey.
Conscientious objectors are frequently ill-treated in Turkish military custody after being arrested and detained for their refusal to perform military service.
Amnesty International has repeatedly called on the Turkish authorities to stop the prosecutions of conscientious objectors and to introduce a civilian alternative to military service in line with European and international standards and recommendations
Legislation allowing the repeated prosecution and conviction of conscientious objectors for their refusal to perform military service remains in force despite a European Court of Human Rights ruling that such practices represent a violation of Article 3 of the European Convention of Human Rights (prohibition of torture or other ill-treatment).
In the vast majority of cases, effective investigations are not held following allegations of torture and other ill-treatment by state officials and those responsible are not brought to justice.
Singapore defamation case threatens press freedom
The Singaporean parliament should enact new legislation protecting freedom of expression, Amnesty International said on Wednesday, after a magazine and its editor agreed to pay S$405,000 (Approximately US$290,000) following a fine by the country’s highest court for alleged defamation.
The Dow Jones Company-owned Far Eastern Economic Review (FEER) magazine and its editor Hugo Restal had published an article critical of Prime Minister Lee Hsien Loong and his father, former Prime Minister Lee Kuan Yew.
The 2006 article entitled "Singapore's 'Martyr', Chee Soon Juan", contained allegations against the two leaders, including of corruption, which the Singapore Court of Appeal ruled as defamatory.
Dow Jones Company denied any wrongdoing but said they had to pay the fine.
In its ruling, the Singapore Court of Appeal held that “constitutional free speech in Singapore is conferred on Singapore citizens only.” It further held that Singapore does not recognize a special function for the press as a "watchdog".
“Laws that allow the authorities to impose restrictions on freedom of expression together with a pattern of politically motivated defamation suits, have created a climate of political intimidation and self-censorship in Singapore.” said Sam Zarifi, Amnesty International’s Asia Pacific Director. “This ruling further illustrates how press freedom is under threat in Singapore and sets a dangerous precedent for freedom of expression and journalism in the region.”
Amnesty International urges the Singapore parliament to enact legislation that would ensure the media's ability to perform its vital function as a watchdog while removing discrimination and undue restrictions from the laws on freedom of expression, to bring them into line with international law and standards.
The government of Singapore has a history of using civil defamation actions to stifle political opposition. Such defamation suits place unreasonable restrictions on the right of Singaporeans to peacefully express their opinions and to participate fully in public life.
Amnesty International remains concerned about the continuing use of restrictive laws and civil defamation suits in Singapore to penalise and silence peaceful critics of the government.
"If Singapore has pretensions to being an international commercial center, especially in the age of the internet, its legislature must immediately act to bring the country in line with commonly accepted concepts of free expression and media activity,"
said Sam Zarifi.
Journalists are finding it increasingly difficult to work without interference from the governing People's Action Party.
Background
International law recognizes limitations to the right to freedom of expression as enshrined in Article 19 of Universal Declaration on Human Rights however these restrictions must be demonstrably necessary for and proportionate to certain permissible purposes. The permissible purposes for such restrictions include “securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.”
However, it is well established under international law that public officials must tolerate more, rather than less, criticism than private individuals.
The Dow Jones Company-owned Far Eastern Economic Review (FEER) magazine and its editor Hugo Restal had published an article critical of Prime Minister Lee Hsien Loong and his father, former Prime Minister Lee Kuan Yew.
The 2006 article entitled "Singapore's 'Martyr', Chee Soon Juan", contained allegations against the two leaders, including of corruption, which the Singapore Court of Appeal ruled as defamatory.
Dow Jones Company denied any wrongdoing but said they had to pay the fine.
In its ruling, the Singapore Court of Appeal held that “constitutional free speech in Singapore is conferred on Singapore citizens only.” It further held that Singapore does not recognize a special function for the press as a "watchdog".
“Laws that allow the authorities to impose restrictions on freedom of expression together with a pattern of politically motivated defamation suits, have created a climate of political intimidation and self-censorship in Singapore.” said Sam Zarifi, Amnesty International’s Asia Pacific Director. “This ruling further illustrates how press freedom is under threat in Singapore and sets a dangerous precedent for freedom of expression and journalism in the region.”
Amnesty International urges the Singapore parliament to enact legislation that would ensure the media's ability to perform its vital function as a watchdog while removing discrimination and undue restrictions from the laws on freedom of expression, to bring them into line with international law and standards.
The government of Singapore has a history of using civil defamation actions to stifle political opposition. Such defamation suits place unreasonable restrictions on the right of Singaporeans to peacefully express their opinions and to participate fully in public life.
Amnesty International remains concerned about the continuing use of restrictive laws and civil defamation suits in Singapore to penalise and silence peaceful critics of the government.
"If Singapore has pretensions to being an international commercial center, especially in the age of the internet, its legislature must immediately act to bring the country in line with commonly accepted concepts of free expression and media activity,"
said Sam Zarifi.
Journalists are finding it increasingly difficult to work without interference from the governing People's Action Party.
Background
International law recognizes limitations to the right to freedom of expression as enshrined in Article 19 of Universal Declaration on Human Rights however these restrictions must be demonstrably necessary for and proportionate to certain permissible purposes. The permissible purposes for such restrictions include “securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.”
However, it is well established under international law that public officials must tolerate more, rather than less, criticism than private individuals.
Iranian authorities must investigate death of detention centre doctor
The Iranian authorities must carry out a full and independent investigation into the death of a young doctor who had worked at the Kahrizak detention centre south of Tehran, Amnesty International said on Wednesday.
Dr Ramin Pourandarjani's body was discovered in his room at a health centre in Tehran's Police headquarters on 10 November.
Iran's Chief of Police said on Wednesday that Dr Pourandarjani had committed suicide as a result of depression, as he had been summoned to court and was facing a possible five-year prison term.
His father, Reza-Qoli Pourandarjani has questioned suicide as a cause of death. He told the Associated Press that he was initially told that his son had broken his leg in a car accident and needed his consent for surgery, only for his family to be confronted with his dead body when they travelled to Tehran.
He said his son had been in good spirits when he spoke to him the previous night.
On Monday, the Tehran Prosecutor's office had said that Dr Pourandarjani's death was being investigated.
During the unrest in the summer following the disputed presidential election, Dr Pourandarjani, 26, was serving his required military service at Kahrizak as its resident physician.
Before his death he had allegedly received threats to deter him from revealing the extent of the abuse that had taken place at Kahrizak. He was said to have told friends he feared for his life.
Kahrizak detention centre had been used to hold post-election protestors. Iranian officials have confirmed that torture took place there and that at least three men died as a result.
As the detention centre doctor, Ramin Pourandarjani would have treated inmates that had been tortured on his weekly visits.
One of these victims was Mohsen Rouholamini, the son of a conservative Iranian politician whose death drew widespread attention to the torture and killings in Kahrizak.
Kahrizak was closed in July on orders of Iran's Supreme Leader, Ayatollah Ali Khamenei, after allegations of abuses against detainees said to have been held in inhumane conditions.
According to media reports, Iran is to continue its review of abuses in the wake of the disputed June presidential election.
The head of a special parliamentary committee charged with investigating allegations of abuses during the unrest - which had interviewed Dr Pourandarjani about conditions in Kahrizak - is reported to have met with the head of the Judicial Organization of the Armed Forces in order to discuss Dr Pourandarjani's death.
Amnesty International said the investigation should comply fully with the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
Dr Ramin Pourandarjani's body was discovered in his room at a health centre in Tehran's Police headquarters on 10 November.
Iran's Chief of Police said on Wednesday that Dr Pourandarjani had committed suicide as a result of depression, as he had been summoned to court and was facing a possible five-year prison term.
His father, Reza-Qoli Pourandarjani has questioned suicide as a cause of death. He told the Associated Press that he was initially told that his son had broken his leg in a car accident and needed his consent for surgery, only for his family to be confronted with his dead body when they travelled to Tehran.
He said his son had been in good spirits when he spoke to him the previous night.
On Monday, the Tehran Prosecutor's office had said that Dr Pourandarjani's death was being investigated.
During the unrest in the summer following the disputed presidential election, Dr Pourandarjani, 26, was serving his required military service at Kahrizak as its resident physician.
Before his death he had allegedly received threats to deter him from revealing the extent of the abuse that had taken place at Kahrizak. He was said to have told friends he feared for his life.
Kahrizak detention centre had been used to hold post-election protestors. Iranian officials have confirmed that torture took place there and that at least three men died as a result.
As the detention centre doctor, Ramin Pourandarjani would have treated inmates that had been tortured on his weekly visits.
One of these victims was Mohsen Rouholamini, the son of a conservative Iranian politician whose death drew widespread attention to the torture and killings in Kahrizak.
Kahrizak was closed in July on orders of Iran's Supreme Leader, Ayatollah Ali Khamenei, after allegations of abuses against detainees said to have been held in inhumane conditions.
According to media reports, Iran is to continue its review of abuses in the wake of the disputed June presidential election.
The head of a special parliamentary committee charged with investigating allegations of abuses during the unrest - which had interviewed Dr Pourandarjani about conditions in Kahrizak - is reported to have met with the head of the Judicial Organization of the Armed Forces in order to discuss Dr Pourandarjani's death.
Amnesty International said the investigation should comply fully with the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
Future of Guantánamo detainees must be resolved
The US government must redouble efforts to resolve the future of detainees still held at the military facility in Guantánamo Bay, Cuba, Amnesty International said after President Barack Obama acknowledged his administration would not meet his deadline for its closure.
"Over recent months, US authorities have allowed the Guantánamo detentions to become a political football, and the politics of fear to trump human rights," said Susan Lee, Director of the Amnesty International's Americas Regional Programme.
"Now, as should have been the case from day one, the government should resolve these detentions by either bringing the detainees to fair trial or immediately releasing them," Susan Lee said.
On 22 January 2009, President Obama signed an executive order committing his administration to resolving the cases of the detainees held at Guantánamo "as promptly as possible", and to closing the detention facility "no later than one year from the date of this order."
In his comments on Wednesday, President Obama would not put an exact new date on closure, stating only that he anticipated it would happen sometime later next year, and adding that it would “depend on cooperation from Congress."
Hopes for an end to the Guantánamo detentions this year have receded over recent months as members of Congress sought to block the closure of the facility, and the administration has been slow to charge detainees.
At the same time, diplomatic efforts to find solutions for detainees who cannot be returned to their home countries for fear of the human rights violations they would face there have been undermined by the refusal of the US authorities to release any in mainland USA.
Amnesty International has long called for the Guantánamo detainees to be brought to trial in an independent and impartial court – not a military commission – or immediately released.
It has also repeatedly called for the USA not to seek the death penalty in any case.
Since President Obama took office, 26 detainees have been transferred out of Guantánamo, leaving 215 still there.
One detainee has been transferred to face trial in a federal court in New York and the administration has announced that another five will also be transferred to the city for such trials, with the likelihood that the death penalty will be sought against them.
The US Attorney General has also said the administration has decided to refer another five cases back to the Pentagon for trial by military commission.
In his 22 January order requiring his administration to ensure "prompt and appropriate" resolution of each and every Guantánamo case and to close the Guantánamo facility within a year, President Obama pointed to the "significant concerns raised by these detentions, both within the United States and internationally".
"Those concerns have not gone away, and will be reignited by President Obama's comments today", Susan Lee said.
Afghanistan's President Karzai must commit to human rights
Amnesty International has urged Afghanistan's newly re-elected President Hamid Karzai to prioritize human rights and the rule of law in his second term in order to strengthen the country's stability and security.
"Afghans from around the country continue to tell us that they suffer from poor governance, endemic corruption, a weak and inept justice system and lack of respect for human rights and rule of law," said Sam Zarifi, director of Amnesty International's Asia-Pacific programme. "All these factors weaken support for the government and its international allies."
Amnesty International noted that the recent presidential elections were marred by human rights abuses by the candidates as well as the Taleban's increasing attacks against civilians. The organization raised concerns that the upcoming parliamentary elections, currently scheduled for August or September 2010, faced potentially even greater human rights violations as well as Taleban violence.
"Government officials and parliamentarians suspected of serious human rights violations and war crimes are enjoying blatant impunity. Many are also widely believed to be involved in corruption and criminal activities, but are rarely held accountable," said Sam Zarifi.
"In order to rebuild the trust of the Afghan people and the international community, government officials and parliamentarians suspected of serious human rights violations must be kept out of the election process and held to account."
Jordan must fully investigate suspected police killings
Amnesty International has called on the Jordanian authorities to launch without delay full and independent investigations into the deaths of two men in one week after they were allegedly beaten by police officers.
Fakhri 'Anani, a 48-year-old, died in hospital on Saturday, two days after reportedly being attacked by police officers outside his home in the southern city of Ma'an.
Sadem Abdul Mutelib al-Saoud, a street vendor in his 20s, died on 8 November after spending around three weeks in a coma; he had allegedly been beaten with batons on the head while held at the al-Hussein Security Centre in Amman.
Fakhri 'Anani was reportedly standing outside his home when police officers, wanting to question his son about an allegation that he had aided a person suspected of fraud, drew up in a police vehicle.
Two officers got out of the vehicle and assaulted him, one spraying gas in his face, while the other beat him with a baton before dragging him down some steps, according to reports.
He died in hospital in Amman. The autopsy noted that the main cause of death was due to an injury to the head with a hard object.
A police officer was charged on Tuesday with the murder of Fakhri 'Anani and is expected to stand trial in a police court.
Sadem al-Saoud was detained in October after arguing with a municipal worker about his street stall. The worker called the police to arrest him, which subsequently lead to his alleged beating in detention.
At least four police officers in the case of Sadem al-Saoud have apparently been referred to a police court. The evidence against them will be investigated before the court decides whether the officers should stand trial.
"The reported deaths at the hands of the police of two men within one week of each other is a very worrying development," said Philip Luther, Deputy Director of Amnesty International's Middle East and North Africa Programme.
"While the prompt referral of a number of police officers to police courts indicates that the authorities have acknowledged the seriousness of these incidents, a full and independent investigation is essential to ensure that justice is done.
"Jordan's police courts are neither sufficiently independent nor transparent in their conduct. The court decisions are not made public and the sessions are closed."
In March 2005, ten police officers were sentenced to prison terms of up to 30 months following the death in Jweideh prison in 2004 of Abdallah al-Mashaqbeh, 40 per cent of whose body was found covered in bruises. Little information has been made available about who was tried, sentenced or dismissed for involvement in his death. However, reports indicate that none of the sentenced officers spent any time in prison.
Amnesty International has called for prompt, thorough and impartial investigations into both recent deaths. The organization said that they must be carried out by investigators independent of the prosecuting authorities and agencies involved in the arrest and interrogation of the victims.
The authorities must guarantee full co-operation with the investigation.
Furthermore, all suspects should be suspended immediately from active police duty and prosecuted and brought to justice if evidence of excessive force or unlawful action emerges.
This is the only way to ensure a clear message is sent to all Jordanian law enforcement officers that those who commit human rights violations will be held fully to account.
Fakhri 'Anani, a 48-year-old, died in hospital on Saturday, two days after reportedly being attacked by police officers outside his home in the southern city of Ma'an.
Sadem Abdul Mutelib al-Saoud, a street vendor in his 20s, died on 8 November after spending around three weeks in a coma; he had allegedly been beaten with batons on the head while held at the al-Hussein Security Centre in Amman.
Fakhri 'Anani was reportedly standing outside his home when police officers, wanting to question his son about an allegation that he had aided a person suspected of fraud, drew up in a police vehicle.
Two officers got out of the vehicle and assaulted him, one spraying gas in his face, while the other beat him with a baton before dragging him down some steps, according to reports.
He died in hospital in Amman. The autopsy noted that the main cause of death was due to an injury to the head with a hard object.
A police officer was charged on Tuesday with the murder of Fakhri 'Anani and is expected to stand trial in a police court.
Sadem al-Saoud was detained in October after arguing with a municipal worker about his street stall. The worker called the police to arrest him, which subsequently lead to his alleged beating in detention.
At least four police officers in the case of Sadem al-Saoud have apparently been referred to a police court. The evidence against them will be investigated before the court decides whether the officers should stand trial.
"The reported deaths at the hands of the police of two men within one week of each other is a very worrying development," said Philip Luther, Deputy Director of Amnesty International's Middle East and North Africa Programme.
"While the prompt referral of a number of police officers to police courts indicates that the authorities have acknowledged the seriousness of these incidents, a full and independent investigation is essential to ensure that justice is done.
"Jordan's police courts are neither sufficiently independent nor transparent in their conduct. The court decisions are not made public and the sessions are closed."
In March 2005, ten police officers were sentenced to prison terms of up to 30 months following the death in Jweideh prison in 2004 of Abdallah al-Mashaqbeh, 40 per cent of whose body was found covered in bruises. Little information has been made available about who was tried, sentenced or dismissed for involvement in his death. However, reports indicate that none of the sentenced officers spent any time in prison.
Amnesty International has called for prompt, thorough and impartial investigations into both recent deaths. The organization said that they must be carried out by investigators independent of the prosecuting authorities and agencies involved in the arrest and interrogation of the victims.
The authorities must guarantee full co-operation with the investigation.
Furthermore, all suspects should be suspended immediately from active police duty and prosecuted and brought to justice if evidence of excessive force or unlawful action emerges.
This is the only way to ensure a clear message is sent to all Jordanian law enforcement officers that those who commit human rights violations will be held fully to account.
Australian government must end state-sponsored racially discriminatory measures
Slamming decades of failure by Australian governments to address the dire living conditions, disempowerment and discrimination faced by many of the country’s Indigenous peoples, Amnesty International’s Secretary General Irene Khan warned that the government of Prime Minister Rudd must not squander its unique opportunity to right these historic wrongs.
In the latest in a long line of indignities, some 45,000 Aboriginal people are today still subject to state-sponsored racially discriminatory measures, including blanket quarantining of social security payments as a result of the Northern Territory Emergency Response (NTER).
“The blunt force of the Intervention’s heavy handed ‘one size fits all’ approach cannot deliver the desired results. The Government will not secure the long term protection of women and children unless there is an integrated human rights solution that empower peoples and engages them to take responsibility for the solutions,” Irene Khan said.
Welcoming the commitment she had received from Indigenous Affairs Minister Jenny Macklin that the Government would introduce legislation to reinstate the Racial Discrimination Act in the Northern Territory, Irene Khan called on the Government to ensure that it does so in line with Australia’s international obligations not to discriminate against Indigenous peoples.
While noting that grave levels of violence against women and children is the stated rationale for the NTER, Irene Khan emphasized that respect for women and children’s human rights would not be secured without respect for all human rights for all.
“Indigenous people in remote Aboriginal communities deserve the same respect, safety and protection as does any Australian – but this will not be achieved in a sustained manner under the Emergency Response which is stigmatizing and disempowering an already marginalized people and which is in violation of Australia’s international obligations,” said Irene Khan.
As part of her visit to Australia, Amnesty International’s Secretary General visited the Utopia region in central Australia, an impoverished grouping of homeland communities 350 kilometres northeast of Alice Springs.
“For a country which by human development standards is the third most developed in the world and one which has emerged from the global financial crisis comparatively unscathed, such a level of poverty, is inexcusable, unexpected and unacceptable,” said Irene Khan.
“In the heart of this first world I found scenes more reminiscent of the third world. That Indigenous peoples experience human rights violations on a continent of such privilege is not merely disheartening, it is morally outrageous. The moral imperative to eradicate such poverty is no less an imperative on government than to eliminate torture.”
Irene Khan called for a new approach, grounded in a genuine respect for traditional culture and with human rights principles at its core, to tackle the complex problem of the entrenched poverty and discrimination faced by Indigenous peoples in Australia.
“There is a real risk of an enormous opportunity for change being squandered. The government’s apology to the Stolen Generations and other Indigenous Australians along with its support for the Declaration on the Rights of Indigenous Peoples is a welcome shift from the past. This Government is making a serious financial and political investment but to achieve the returns it wants, it must replace its blunt and blanket policy approaches.”
“The pathway out of poverty for Indigenous people must have the hallmarks of respect for human rights: voice must matter, equality cannot be compromised, security must be delivered on a human scale and active engagement for long term solutions must be made local, personal and perennial."
Amnesty International called on the whole of the government, not just individual Ministries, to develop an integrated approach – an approach that places all human rights – not merely some human rights - at the centre and which allows all human rights to be respected and exercised by Indigenous Australians.
“To fulfil its enormous potential on the regional and global stage, the Rudd Government must make ‘bringing human rights home’ its central goal,” concluded Irene Khan.
Haiti government must eradicate child slavery
Authorities in Haiti must enact legislation to protect children working as domestic help in conditions that amount to slavery, said Amnesty International ahead of Universal Children’s Day.
Amnesty International launched a campaign on Wednesday to press the government in Haiti to enact measures to protect child domestic workers from abuse, ill-treatment and exploitation.
Many Haitian families, too poor to support their children, are forced to send them to work as domestic help. The children -- most of them girls -- end up working long hours cleaning, cooking, fetching water for the whole household and looking after other children in the family.
“Most child domestic workers in Haiti live as virtual slaves,” said Gerardo Ducos, Haiti researcher at Amnesty International. “They work in inhuman conditions, suffering violence and abuse by their hosts, only for a plate of food.”
UNICEF estimated that there were as many as 100,000 girl domestic workers in Haiti in 2007.
Trapped in a situation of total dependence, many girls are compelled to put up with violence and sexual abuse. Some flee the employer or host family and live on the streets where they may have no option but to sell their bodies for sex in order to survive.
15-year-old Régina told Amnesty International that when she was 10, she was sent to work as a domestic servant, but she ran away because the beatings became unbearable. She spent the next four years at Foyer Maurice Sixto, a shelter for children who have been domestic workers. During that time she was able to go to school. When she turned 14, Régina went back home, were she suffered further abuse.
“Girls in Haiti are trapped in a spiral of poverty and violence,” said Gerardo Ducos. ”The eradication of this modern form of slavery is the only way to protect the rights of thousands of children."
Haitian laws do not provide a protective framework for children.
In 2003, the Law for the prohibition and elimination of all kind of abuses, violence and inhuman treatment of children came into force. This law removed a chapter of the Labor Code that regulated the work of children in domestic service but failed to ban the practice of children in domestic service.
The Code had prohibited the “employment” of children under 12 as domestic workers and had provided guarantees that those aged over 15 would receive a salary for their work. The Code required foster families, among other things, to request authorization from the Institute of Social Welfare and Research if they wished to employ a child as domestic worker.
“Ahead of Universal Children’s Day, Haiti should step up its commitment to the protection of girl domestic workers and take concrete steps to improve their situation,” said Gerardo Ducos.
Appeal for actionProtect girls in domestic labour in Haiti