Senate Blocks Closing of Guantanamo

Senate Blocks Closing of Guantanamo

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States – The United States Senate voted 90-6 against the $80 million spending bill that would have financed the closure of Guantanamo Bay by January 2010, as well as the transfer of the 240 detainees that remain there. The vote came just one day before President Barack Obama was scheduled to outline his plan for the transfer of the 240 terrorism suspects detained at the facility located in Cuba.

Obama had requested the $80 million last month, an amount necessary for the Pentagon and Justice Department to close the detention facility, which is known by international human rights groups for its use of harsh interrogation techniques and detention of suspects without trial. The funds were requested without an immediate and detailed plan of action for the transfer of the detainees and without a definitive answer on whether the detainees would be transferred to U.S. soil. Republicans have criticized Obama’s quest to shut down Guantanamo, saying that human rights abuses that have occurred at the facility are a thing of the past.

The 90-6 vote followed testimony to Congress by FBI Director Robert Mueller who stated: “The concerns we have about individuals who may support terrorism being in the United States run from concerns about providing financing to terrorists, [and] radicalizing others … [as well as] the potential for individuals undertaking attacks in the United States.”

Similarly, Republican Senator John Thune of South Dakota said: “The American people don’t want these men walking the streets of America’s neighborhoods.  The American people don’t want these detainees held at a military base or federal prison in their backyard either.”

In spite of the vote, Democrats remain hopeful that President Obama will devise a detailed plan that meets the objectives of both Democrats and Republicans. “The president’s very capable of putting together a plan that I think will win the approval of a majority of members of Congress,” said Nebraska Democrat Ben Nelson. “I can’t imagine that he won’t.”

Fiji Lawyers Concerned After Police Seize Computers with Confidential Client Information

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – Fiji’s police have seized the computers of three prominent lawyers which may contain confidential client information belonging to ousted members of Fiji’s federal government.

The President of the Fiji Law Society, Dorsami Naidu, confirmed that those computers were taken from a police station in Suva, Fiji’s capital city.

Jon Apted, Richard Naidu and Tevita Fa’s computers were seized allegedly because of their suspected involvement with an anti-government blog site.

Recently, the interim government imposed emergency regulations on the media which forces journalists to cast the government in a positive light. All published material must first go through the Ministry of Information, Major Neumi Leweni.

But the lawyers are concerned about the confidential client information contained on those computers. Tevita Fa is also the lawyer for the ousted prime minister, Laisenia Qarase. Fa is concerned that the interim government may have access to his clients’ information.

“There’s a lot of confidential matters. I mean anyone who goes to a solicitor relies on confidentiality and there may be a lot of information and other data and there’s no guarantee that the police will not abuse their powers of search in this case,” Fa said.

Meanwhile, Fiji police have not confirmed that they have seized any of the lawyers’ property.

For more information, please see:
Radio New Zealand International – Fiji police seize computers of three prominent lawyers – 20 May 2009

ABC, Radio Australia News – Fijian lawyers questioned by police – 20 May 2009

ABC, Radio Australia News – Grassroots crime rising as Fiji law in limbo – 20 May 2009

Human Rights Watch Releases Report Claiming Migrant Workers in UAE Are Mistreated

By Nykoel Dinardo
Senior Desk Officer, Middle East

NEW YORK, New York – On May 19, Human Rights Watch (HRW) released a report titled The Island of Happiness: Exploitation of Migrant Workers on Saadiyat Island, Abu Dhabi.  The report claims that migrant workers hired to help build Saadiyat Island of the United Arab Emirates (UAE) are being mistreated. 

Saadiyat Island is a 27 square kilometre island off the coast of Abu Dhabi.  In May 2009, the UAE intended to break ground on huge construction projects to take place on the island, including 27 hotels, outposts of the Guggenheim and the Louvre, and a campus of New York University.  Hundreds of migrants workers have been hired to work on these projects, as well as others, including the leveling of the island itself before construction can begin.  However, according to HRW, these workers are facing harsh, unreasonable work conditions, poor housing and health conditions, and have no legal remedies to address these problems.

Many migrant workers get to the UAE through employments agencies.  These agencies often charge outrageous fees, in some cases equaling as much as four times a year’s wages.  Migrant works borrow money from family in some cases, but often they borrow money from high interest rate loan companies.  By the time the workers arrive in the country where they want to work, they are already in so much debt that they are forced to accept any work conditions in order to work a wage high enough to pay off their loans.  Although hiring workers through these agencies is illegal under UAE law, there is little enforcement. 

Because workers have no power to negotiate their contracts, they are forced to work twelve hours days in temperatures over 100 degrees Farenheit, with high humidity.  After a long day of work, a worker takes home an average of $8 US per day.  According to HRW, the average salary of a foreign worker is $2575 US; however the average per capita income is $30,000 US.  HRW states that many companies cut costs by keeping overtime wages below the legal requirements.

Furthermore, HRW claims that companies are also preventing workers from getting better jobs by illegally confiscating their passports.  These companies threaten workers with deportation should they look for a better job.  Although this practice is illegal, HRW says that the workers they interviewed explained that the practice is universal on Saadiyat Island.  Migrant workers are also unable to get representation from outside groups because the UAE does not recognize non-governmental organizations that may aid the workers.

HRW has asked the UAE to reconsider its labor laws and to improve enforcement.  They also ask the UAE to implement programs to improve workers’ awareness; they explain that, as long as workers are unaware of their rights, workers will be taken advantage of by companies.

For more information, please see:

Financial Times – Plight of Abu Dhabi Workers – 20 May 2009

Human Rights Watch – The Island of Happiness – 19 May 2009

Human Rights Watch – UAE:  Exploited Workers Building ‘Island of Happiness’ – 19 May 2009

Telegraph – Workers on Luxury Island ‘Exploited and Abused’ – 19 May 2009

United Press International – Rights Group Blasts Abu Dhabi Project – 19 May 2009

Canada May Be Last to Recognize Indigenous Rights

By Sovereign Hager

Impunity Watch Reporter, North America

NEW YORK CITY, United States – The government of Canada continues to oppose the United Nations Declaration on the Rights of Indigenous Peoples (DRIP), as over 2,000 participants from around the world gather at the UN Headquarters to discuss Indigenous rights.

Canada, the United States, New Zealand, and Australia have opposed the Declaration since its creation in 2007. Australia recently reversed its position and John Key, New Zealand’s Prime Minister, has said he will consider reversing New Zealand’s opposition. UN leaders are in contact with President Barak Obama about possibly reversing the Bush Administration’s opposition to the Declaration.  Canada’s intransigence was the primary topic of concern at a press briefing this week.

The Canadian government claims that the Declaration conflicts with the Canadian Constitution because it favors Indigenous rights over non-Indigenous rights. Victoria Tuali-Corpuz, the chairperson of the UN Permanent Forum on Indigenous Rights, called Canada’s reasoning “invalid”.  Officials expressed surprise at Canada’s position considering its “advanced” policy regarding Indigenous people.  Furthermore, Canada has been active on other international human declarations, like the Committee on the Elimination of All Forms of Discrimination against Women.

Discussions at the conference included complaints from Indigenous people that Canadian mining companies do not respect their rights.  Participants addressed a letter to Canadian Prime Minister, Stephen Harper, calling on Canada to “establish clear legal norms . . . to ensure that Canadian companies and residents are held accountable when there is evidence of environmental and/or human rights violations.”

The Declaration includes provisions recognizing Indigenous human rights to self-determination, land, natural resources, and compensation for rights violated. DRIP is not legally binding, but the outlines of the declaration are to be referenced when a country enacts new laws and policies.  According to Tauli-Corpuz, “More attention needs to be focused on the trans-boundary human rights obligations of countries which are hosting extractive corporations and creating problems for indigenous people.” The text of the Declaration is available here.

Rights Group Urging Bangladesh to Stop Extrajudicial Killings

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – The latest report by the Human Rights Watch called on the Bangladesh government to take urgent action “to end impunity for human rights abuses and to establish rule of law.”  According to the report, although extrajudicial killings have decreased since a new government took power in January 2009, Bangladesh security forces routinely engage in unlawful killings.

Detainees are subjected to severe beatings, sexual violence and electrical shocks, but Bangladesh’s Constitution allows the parliament to pass laws that shield law enforcement officers and members of armed forces from prosecution.  Brad Adams, Asia director of Human Rights Watch, said Bangladesh’s Constitution is in violation of international legal standards.  He also added that as a party to UN human rights conventions, Bangladesh’s “existing culture of impunity has to be torn down.”

Over the past five years, Bangladesh’s elite crime fighting force known as the Rapid Action Battalion, along with the police, are reported to be responsible for over 1,000 deaths, and have become a symbol of abuse and impunity.  “If you are a soldier, a member of the Rapid Action Battalion or the intelligence services, or a police officer, you can get away with murder in Bangladesh,” said Adams, “But those who kill or torture should be behind bars with other violent criminals.”

Faruk Khan, a senior member of the Cabinet, said that the Bangladesh government does not support extrajudicial killings and that proper action will be taken against those found guilty.

Odhikar, a Bangladeshi rights group, said 14 people have been killed so far in 2009.  Human Rights Watch is pushing for the Bangladesh government to set up witness protection programs and prosecute or take action against those who try to hinder prosecution.

For more information, please see:

AFP – Rights group slams Bangladesh state ‘murders’ – 19 May 2009

Associated Press – Watchdog: End Bangladesh’s extra-judicial killings – 18 May 2009

Human Rights Watch – Bangladesh: Executions, Torture by Security Forces Go Unpunished – 18 May 2009

Reuters – Rights group urges Bangladesh to end unlawful killings – 18 May 2009