By Alok Bhatt
Impunity Watch Reporter, Asia

KUARA LUMPUR, Malaysia – Bernama, a national Malaysian news agency, recently reported upon the first ever time the country executed a caning as punishment under Islamic law.  Although the practice of caning has been performed since the 19th century, during the British colonial period in MalaysiaThree moderate women were caned under Islamic law for adultery.  The women were caned following a decision rendered in December, heard within a religious court of Malaysia.  Sharia requires that Muslim women be caned with a stick called a rotan by a female guard, and the women must be fully clothed.

The Malaysian government took about a week to actually report the occurrence of the caning, which raised much concern in NGOs, the international community, and numerous human rights organizations.  An official from Amnesty International equated caning with torture.

Malaysia’s minister of domestic affairs, Hishamuddin tun Hussein, expressed no repentance for the caning in a subsequent statement.  Hussein justified the purpose and policy of the caning, claiming that this incident would serve as a warning to ‘sinful’ Muslims.  He also said that, although, the caning did not excessively injure the women, it serves as a means of touching and cleaning their conscience.  Hussein’s words suggest a willingness to continue enforcing Sharia in such a manner.

The enforcement of Sharia law may also have another significant impact upon the ethnic minority of the Malaysian state.  Malaysia is considered a secular state with its own set of domestic laws which exist independently of Sharia.  The religious laws make admissible archaic policies that have not been enforced in many years, including the ban on Muslims consuming alcohol.

Although Sharia, which controls family affairs and many other cultural aspects, applies only to the Muslim community of Malaysia, the enforcement of religious law could have the effect of discriminating against Muslim women.  Other discriminatory implications, such as the adverse effects upon Malaysia’s ethnic minorities, perpetuated by the enforcement of Sharia have provoked statements from sister nations and various human rights organizations.  The Malaysian government has not yet addressed the myriad rights concerns which could be violated by the strict enforcement of Sharia to the Muslim majority.

For more information, please see:

Al-Jazeera – Malaysia canes women for adultery – 18 February 2010

The Christian Science Monitor – Malaysia begins caning women for adultery – 18 February 2010

CNN – 3 women caned in Malaysia for adultery – 17 February 2010

By Alok Bhatt
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Human rights groups have expressed significant concern about the recent arrest of General Sarath Fonseka.  The General was apprehended earlier this week by the government military forces of Sri Lanka.

The General was once heralded as a hero of the Sri Lankan military for his prowess during battles with the Tamil Tigers liberation group.  The General was instrumental in Sri Lanka’s victory over the Tamil Tigers, ending a civil war which lasted over twenty-five years.  Despite the General’s achievements for the army, he was allegedly dragged out of his campaign offices by the Sri Lankan government.

The General has been charged with numerous human rights violations, but vehemently denies all charges.  Allegations include fault for the over 7,000 civilian casualties who fell victim to the civil war and underhanded tactics during the war.  Human rights violations charges against the Sri Lankan government also include the mistreatment of members of the Tamil ethnic minority during and after the civil war.  The Sri Lankan government was lambasted by the international community for the sub-human conditions and lack of essential resources in its refugee camps to house internally displaced persons.

General Sarath Fonseka was also charged with cooperating with anti-government organizations.  The current President of Sri Lanka, who recently fell out with General Sarath Fonseka over the post-war elections in Colombo, arrested the General as part of a program aimed at capturing everyone he considers a threat to national security.

General Fonseka’s capture has given many opposition leaders a reason for concern.  They fear that the government will execute an extra-judicial killing in secret while they have General Fonseka captive.  An Asian human rights group has made a claim that the government of Sri Lanka has denied General Fonseka the right of due process.  Because of the military procedure being afforded the General, as opposed to hearings in civilian court, the group seems to suggest there is an element of unfairness against the General.

The General’s capture has also incited rioting in Sri Lankan streets.  The government has yet to release a statement concerning the General’s fate.

For more information, please see:

Al-Jazeera – Fonseka Challenges S. Lanka Outcome – 16 February 2010

AsiaNews – Colombo under tight control, waiting for General Fonseka’s trial – 12 February 2010

BBC News – Sri Lanka Supreme Court hears Fonseka arrest challenge – 12 February 2010