Opposition Protesters Clash In Belarus Clash With Police

Opposition Protesters Clash In Belarus Clash With Police

By David Sophrin
Impunity Watch Reporter, Europe

MINSK, Belarus – On Wednesday police arrested 30 activists who were involved in a peaceful opposition rally in central square of Belarus’s capital city, Minsk.  Approximately 50 people had gathered to mark the 10th anniversary of the disappearance of Viktor Gonchar and Anatoly Krasovsky, political opposition leaders.

After surrounding the group of protesters, who were made up primarily of students, riot police pushed those who had gathered out of the square.  During the incident a number of protesters were hit by the police, who used clubs to arrest those that did not leave the square.  The police also attempted to prevent the journalists at the scene from taking pictures.  Some photographers, who were recording the incident, were beaten by the police.  They were threatened by police if they did not delete what they had recorded.  Among those arrested was Mikalai Statkevich, a leader of the opposition Social Democratic Party.

In recent months the European Union has called upon Belarus to improve its protection of basic democratic freedom.  The president of the EU issued a statement on Thursday, urging Belarusian President Alexander Lukashenko to “refrain from the use of force in dealing with peaceful demonstrations and to ensure that representatives of independent media are able to perform their tasks without interference.”  Lukashenko, who has held the office since 1994, has been accused of ruling Belarus in an authoritarian manner.  In recent years Lukashenko has been labeled by the United States as “Europe’s last dictator.”

Wednesday’s incident involving protesters and state police comes on the heels of other recent protests in the capital city.  On September 9, 20 people were detained by police while protesting the close military relationship that Belarus has developed with Russia.

The whereabouts of Gonchar and Krasovksy are still unknown.  The state investigation into their disappearance was closed in 2003.

For more information, please see:

BELARUS NEWS – EU expresses concern over police crackdown on demonstration in Minsk – 18 Septemeber 2009

DEMOCRATIC BELARUS – Belarus Police Beat, Detain 36 Opposition Protestors – 17 September 2009

EARTHTIMES – Belarus cops smash ‘disappeared’ person memorial march – 17 September 2009

RADIO FREE EUROPE – Belarus: Police break up protest, make arrests – 17 September 2009

AFP – Belarus police beat, detain 30 opposition – 16 September 2009

REUTERS – Belarus police break up anti-Russia protest – 9 September 2009

Italy Sends Migrants Back to Abusive Conditions

By Jonathan Ambaye
Impunity Watch Reporter, Africa

Rome, Italy – Italy and Libya are two countries facing scrutiny by human rights activist world wide, specifically Human Rights Watch (HRW).  In May of 2009 the two countries came to an agreement that they would work together in reducing the amount of migrant workers who flee Libya to seek asylum in Italy, via sailing through the Mediterranean Sea.  The agreement included instituting a practice of towing boats found in international waters back to Libya without evaluating the conditions and circumstances of those on the boats.  What has resulted in response to the “interdiction program” is thousands of individuals have been sent back to unfavorable living conditions in Libya.  According to one migrant worker who was able to find refuge in Italy, the migrant workers are treated horrendously.  Many are beaten, forced to live in unsanitary quarters, while women are sexually assaulted by law enforcement.  Many of these workers come from different parts of the Central East Region of Africa including Sudan, Ethiopia, Somalia, and Eritrea.

According to a 92 page report by HRW the details of the experiences of migrant workers in Libya are revealed.  The agreement between Libya and Italy stems from a treaty signed by the two countries in August of 2008. This treaty is known as, “the Treaty of Friendship, Partnership, and Cooperation between the Italian Republic and Great Socialist People’s Libyan Arab Jamahiria” or simply, “the Friendship Pact.”  The Friendship Pact called for intensifying cooperation in fighting terrorism, organized crime, drug trafficking and illegal immigration.  The transfer of boats holding migrant workers to Libya by the Italians are one of the acts that fall under the goals of the Friendship Pact.

The issue however is that Italy is violating the international legal principle of non-refoulement, when it interdicts boats and sends them back to Libya without any evaluation of the circumstances regarding those on the boats.  Refoulement is the forced return of people to places where their lives and freedom could be threatened or subject to torture and degrading treatment.  Here many are sent back to Libya only to return to inhumane conditions.  HRW is urging the government of Italy to stop “summarily returning” boats containing migrants to Libya.  The HRW is also encouraging the European Union, who is currently working on an agreement with Libya, to include an end to the inhumane treatment of migrants in Libya.

For more information please see:

All Africa – Libya: Migrants Returned to Face Abuse – 21 September 2009

HRW – Migrants Describe Forced Returns, Abuse – 21 September 2009

IPS – Migrants Returned to Face Abuse – 21 September 2009

UN Report Finds War Crimes in Gaza Conflict

21 September 2009

UN Report Finds War Crimes in Gaza Conflict

By Mario A. Flores
Special Features Editor, Impunity Watch Journal

New York, United States – Justice Richard Goldstone, Head of the United Nations Fact-Finding Mission on the Gaza Conflict, concluded Tuesday that both sides in the Israeli-Palestinian conflict in Gaza committed war crimes and possible crimes against humanity, raising the prospect that officials may seek persecution in the International Criminal Court.

From December 27, 2008 to January 18, 2009, the Israeli army launched a major ground offensive in the Gaza Strip, called Operation Cast Lead in response to Hamas rocket attacks on the Israeli town of Sderot. Goldstone’s report found that Israel’s use of disproportionate force in Gaza resulted in the death of about 1,400 Palestinians, of which 926 were civilians including 313 children and 116 women. On the Israeli side, 13 people were killed, including 3 civilians.

The report also described the firing of rockets by Hamas at Israeli towns and villages as a war crime.

The Golstone Report proposed a series of non-binding recommendations to Israel and the Palestinians, such as:

1. Recommendations to Israel:

a. Israel should immediately cease the border closures and restrictions of passage through border crossings and allow passage of goods into Gaza.

b. Israel should cease restrictions on sea access for Palestinian fishermen and allow fishing activities within 20 nautical miles of shore.

c. Israel should review the rules of engagement, standard operating procedures and open fire regulations. It should avail itself of international and local experts, including the International Committee of the Red Cross, to ensure compliance with international law.

d. Israel should allow freedom of movement for Palestinians within the territories and between Gaza and the West Bank.

e. Israel should release prisoners detained in connection with the occupation.

f. Israel should stop interfering with national political processes in the territories.

g. Israel should cease actions inside Israel aimed at limiting criticism by the public concerning Israeli policy and military operations in Gaza.

h. The government should refrain from acts of reprisal against Israelis and Palestinians who testified before the committee.

i. Israel should reiterate its commitment not to harm UN premises and personnel.

2. Recommendations to Palestinian armed groups:

a. Palestinian armed groups should respect international law.

b. The groups holding Gilad Schalit should release him or at least recognize his status as a POW.

3. To responsible Palestinian Authorities (PA):

a. The PA should instruct security forces under its command to abide by human rights norms and investigate all allegations of serious human rights violations.

b. The PA and Gaza authorities should immediately release all political detainees.

c. The PA and Gaza authorities should continue to enable free and independent operation of NGOs.

For additional information, please see:

The New York Times – U.N. Study Is Called Unfair to Israel – 18 September 2009

The Examiner – War crimes: Goldstone led UN commission critical of Israel – 20 September 2009

ABC News – Both sides culpable in Gaza War: UN report – 16 September 2009

Indonesia Passes a New Bylaw that Endorses Stoning and Caning as Punishment for Adultery and Homosexuality

By Cindy Trinh
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia – Last week, Indonesia endorsed a new bylaw which authorizes stoning and caning as punishment for adultery and homosexuality, as well as, several other acts mentioned in the Islamic Criminal Code.

The bylaw, which is being described as “cruel” and “harsh,” is under heavy criticism. The Indonesian central government has even admitted that the law poses a violation to the country’s constitution.

The Islamic Criminal Code forbids a number of acts, including alcohol consumption, gambling, adultery between unmarried and married couples, and homosexuality. The bylaw was passed September 15th in Indonesia’s devoutly Muslim Aceh province, by the Aceh Provincial House of Representatives. The law, which further extends the Sharia code already in force, was passed by the regional parliament in aims to discipline behavior that is considered morally unacceptable.

The law specifically authorizes punishment for adultery and homosexuality. Under the new law, those who are unmarried and commit adultery will be punished with 100 cane lashes, and those who are married and commit adultery will be stoned to death. Those who perform homosexual or lesbian acts will be punished with 100 cane lashes and a fine of 1,000 grams of gold or imprisonment of up to 100 months. Also, those who commit rape or consume alcohol will be punished with up to 200 cane lashes performed in public.

Amnesty International has demanded that the Indonesian government repeal the bylaw.

Sam Zarifi, from Amnesty International, said, “[s]toning to death is particularly cruel and constitutes torture, which is absolutely forbidden under all circumstances in international law.”

The Indonesian central government has also admitted that the law poses a violation to the country’s constitution.

It is well known that Aceh has endorsed strict punishment in the past. However, legalizing the stoning to death of married persons who commit adultery has posed more serious matters of international human rights, and Amnesty International contends that the bylaw has gone beyond the threshold of acceptability.

Amnesty International urged Aceh’s legislature to repeal the law, to conform with international human rights law and standards, and also to conform with the provisions of the Indonesian Constitution. However, Bustanul Arifin, secretary of Aceh parliament’s special committee for drafting the law, defended the endorsement of the law, stating that “it is time now for people to understand the real meaning of Sharia.”

For more information, please see:
Foreign Policy – Indonesia’s harsh new laws – 18 September 2009

Amnesty International – Indonesia Must Repeal “Cruel” New Stoning and Caning Law – 17 September 2009

Telegraph News – MPs pass law to stone to death adulterers in Indonesian province – 15 September 2009

Tension Mounts in India-China Relations Over the Arrival of the Dalai Lama

By Megan E. Dodge
Impunity Watch Reporter, Asia

ARUNACHAL PRADESH, India – What was previously an area of tension has become an even more hotly contested subject as protesters, civilians, and diplomats alike assert claims over Arunachal Pradesh. Most recently, the Dalai Lama’s trip to Arunachal Pradesh, scheduled for mid-November, has sparked major controversy after China opposed the visit.

In the past few weeks as the date of the Dalai Lama’s trip nears, Delhi newspapers and television have been filled with stories about the People’s Liberation Army crossing the Himalayas to inscribe Chinese characters onto rocks, helicopter raids to drop food on hapless farmers, and exchange fire with Indian soldiers. Unfriendly relations between China and Indian began in June over the territory. On one side China asserts ownership over Arunachal Pradesh, while on the other side India claims the region as its own. The reaction was ignited by India’s announcement that it would be sending 60,000 troops to bolster tens of thousands of soldiers in Arunachal Pradesh.

In India, the Kashmir state government, apparently, said its territory was being taken “inch by inch” through such military incursions. The mountainous state of Arunachal Pradesh shares a 1,030-kilometer undivided border with China. Foreign ministries in both countries, however, seem to be playing down the reports, though there are still concerns that if the situation is left unchecked, things could spiral out of control.

Chinese troops overran Indian positions in the Himalayas in 1962 before retreating. Since then, both sides have tried to engage in discussions to resolve the territorial problem. After more than a dozen rounds of such talks, virtually no progress has been made as China continues to claim India’s Arunachal Pradesh, and also occupy a portion of territory in Kashmir which India regards as its own.

Despite the tension, excitement among the people persists as the date of the Dalai Lama’s visit to the mountainous state approaches. Reacting to China’s objection, India’s Foreign Minister S. M. Krishna said Wednesday: “Arunachal Pradesh is a part of India, and the Dalai Lama is free to go anywhere in India.”

China is concerned that a visit to Arunachal Pradesh could now draw further attention to China’s treatment of Tibetan activists and the Dalai Lama’s calls for cultural and religious freedoms and autonomy. Bhaskar Roy, a New Delhi-based China expert said, “[T]he timing of his trip is significant. It comes while the debate over his visit to Taiwan is still hot.”

For more information, please see:

Washington Post –China opposes Dalai Lama trip to disputed India state – September 11, 2009

Yahoo! News – After Taiwan, Dalai Lama to visit Arunachal Pradesh – September 11, 2009

 The Guardian – Himalayan conflict centres on Tibet – September 17, 2009

MSNBC World News – Buddhist monks pray for safe Dalai Lama visit – September 17, 2009