International Humanitarian Law Dialogs Crimes Against Peace—Aggression in the 21st Century Conference

Voters Erupt in Solomon Islands

By Joseph Juhn
Impunity Watch Reporter, Oceania

China Town in the city of Honiara in the Solomon Islands was burned to the ground after rioting following the 2006 election. Photo / Greg Bowker

China Town in the city of Honiara in the Solomon Islands was burned to the ground after rioting following the 2006 election (Photo Courtesy of New Zealand Herald)

HONIARA, Solomon Islands – Angry voters in a remote province of the Solomon Islands started throwing rocks after their supporting candidate lost the election, damaging nearby buildings and a polling station.

MP Patterson Oti is one of a record 509 candidates seeking election to the tiny Pacific island nation’s 50-seat parliament. When Mr. Patterson Oti failed to capture a seat in this week’s elections in Lata, a remote province of the Solomons, hundreds of his supporters erupted and went on a rampage, suspending vote counting.

However, a Solomons election spokesperson downplayed reports of a riot breaking out and claimed that the situation was calm and well handled.

“Last night (Thursday), counting was coming to a close in a tightly contested electorate. Some supporters got upset and threw some rocks, the returning officer did the right thing and stopped counting and closed the station to calm the situation.

“Officials in the area are now speaking with both groups of supporters, local leaders and tribal elders to make sure the counting can be completed peacefully,” he said.

However, his comments were contradictory to that of a police officer who spoke on condition of anonymity.

“The situation this morning is tense and we are helpless to stop the rampage because we do not have adequate officers and resources,” he said.

Solomons Islands is not new to such problems. In 2003, hundreds were killed in ethnic violence that drove at least 20,000 people from their homes, which led to the deployment of an Australian-led international security force, RAMSI, to maintain peace in the Solomons.

Subsequently, in 2006, when the unpopular Snyder Rini was announced prime minister, riots erupted in the capital Honiara which destroyed much of Chinatown and injured dozens of Australian police officers.

To prevent a repeat of such violence, foreign peacekeepers stepped up security in Honiara, the nation’s capital, during Wednesday’s poll and the continuing vote counting, but no extra forces were sent to remote centers like Lata.

Vote counting in most constituencies is expected to be completed by Sunday.

For more information, please see:
Sky News-Vote count suspended over rock throwing-6 August 2010

Metronewsca-Security tight for Solomon Islands vote count-5 August 2010

Yahoo News-Voters riot after local MP ousted in Solomons poll -5 August 2010

Fiji’s Strongman Still Censoring and Ruling by Decrees

By R. Renee Yaworsky
Impunity Watch Reporter, Oceania

Commodore Bainimarama.  Photo courtesy of ABC.
Commodore Bainimarama. Photo courtesy of ABC.

SUVA, Fiji–Fiji’s prime minister, Voreqe Bainimarama, remains unapologetically in favor of censorship and an iron-fisted military regime.  Despite pressure from nearby nations such as Australia and New Zealand, Fiji’s strongman continues to place trust in his military, but not his own people.

Commodore Bainimarama took control of the impoverished island nation in a military coup in 2006.  He did away with the constitution and now rules by decrees.  He told ABC television that he believes only the military can adequately run the country and that politicians, judges, and the public aren’t trustworthy.  He also defended his strict censorship regulations and rule-by-decree regime.

“I don’t trust the people,” the dictator said.  “We can’t bring about changes if there are people that are still talking about bringing instability.”

Bainimarama says dissent will not be allowed and has silenced opponents, including the Methodist Church and tribal chiefs.  He has also expelled Australian and New Zealand diplomats after their governments spoke out against his seizure of power and refusal to implement elections.

“We need to stop all people speaking out against the government and its reforms.  I need to silence them,” the military leader stated.

A ban on foreign ownership of the media has been installed, and Fiji Times, a popular news outlet, will close soon.

“I’ll be glad that people like the Fiji Times will no longer be here,” Bainimarama said.  “We’ll have our ownership of the papers, so we’ll have at least some support for what we’re trying to do.”

The dictator has tried to justify censorship by explaining that some media outlets understand his reasons.

“They understood that at some stage we’ll need to shut some people up. . . .  Reforms will never happen if we open everything out to every Tom, Dick and Harry to have their say.”

Fiji has been suspended from the Pacific Islands Forum, which is holding its annual summit this week in Vanuatu.  Bainimarama has criticized the Forum, saying it is dominated by Australia and New Zealand which are not Pacific Islanders.

“They crept in slowly like the proverbial camel,” he complained, “with their head in, and then the front legs, and then the back legs, and all of a sudden the owners of the tent were out and they were inside the tent.”

Bainimarama says he wants to free Fiji from racial politics and hold elections in 2014.  Fiji has been divided by a power struggle between a majority Fijian Indian community and various indigenous groups.

For more information, please see:

AFP-Fiji ruler says he doesn’t trust his people with democracy-3 August 2010

Sydney Morning Herald-Only military can save Fiji: Bainimarama-3 August 2010

ABC-At home with Fiji’s strongman-3 August 2010

Domestic Workers in Kuwait Flee in Face of Abuse, Even Killings

By Warren Popp
Impunity Watch Reporter, Middle East

Domestic workers, fleeing abuse, are living in a makeshift shelter at the Philippine Embassy. (Photo by Moises Saman of the New York Times)
Domestic workers, fleeing abuse, are living in a makeshift shelter at the Philippine Embassy. (Photo by Moises Saman, Courtesy of the N.Y. Times)

KUWAIT CITY, Kuwait – Hundreds of domestic workers from the Philippines are filling the lobby of the Philippine embassy in Kuwait. As more domestic workers continue to arrive, they are straining the already limited capacity of this make-shift shelter.

The Philippine workers have been fleeing their Kuwaiti sponsors on a daily basis since at least 2009 (a Kuwait Times article in July 2009 cited reports of five to ten Philippine maids fleeing daily). The New York Times reported that Philippine embassy officials fear that the arrival of Ramadan in the coming weeks, with the extra strain of the long days of food preparation for the large evening meal, and long nights, is expected to lead to the arrival of perhaps hundreds of new domestic workers seeking protection at the embassy. To highlight this fear, the New York Times reported the case of Rosflor Armada, who said that during Ramadan last year, she was only permitted to sleep for two hours because she need to cook for the evening meal. She reportedly left her employers after they tried to make her wash windows at three in the morning. Armada is one of those staying in the embassy shelter.

The New York Times notes that the existence of these types of shelters represents “a hard reality here:” There are few legal safeguards for employers who mistreat or refuse to pay their domestic workers, and the existing laws pertaining to domestic workers reportedly err on the side of protecting employers. Thus, for many workers, escape from their employers is their only viable option. It should also be noted that, according to the New York Times, these informal shelters are open secrets and touchy subjects in Kuwait.

A 2010 United States Department of State report noted some migrants “are subjected to conditions of forced labor by their sponsors and labor agents, including through such practices as nonpayment of wages, threats, physical or sexual abuse, and restrictions on movement, such as the withholding of passports.”

Kuwaiti official claim that the majority of the approximately 650,000 domestic workers in Kuwait are treated well, with many being considered a part of the families that they are employed by, and many are even given extra pay and benefits during Ramadan.

Sariah, a domestic worker, was beaten to death by her employers, who killed her with a blow to the back of her head with a blunt object. (Photo Courtesy of Migrant Care)
Sariah, a domestic worker, was beaten to death by her employers, who killed her with a blow to the back of her head with a blunt object. (Photo Courtesy of Migrant Care)

However, separate stories of Indonesian domestic workers being brutally killed by their sponsors in recent weeks, as well as reports that a Sri Lankan domestic worker was imprisoned by her Kuwaiti employers for 13 years, have drawn attention to the issue. In the case of domestic worker, Abdulaziz al Falekh, the couple that was sponsoring her admitted to torturing her, and then, after fearing that the maid would die from the torture, taking her to the desert and crushing her to death with their car to make it look like she was run over by another motorist.

In the case of a domestic worker named Sariah, an Indonesian forensics team found that she was beaten to death with a blunt object, while a Kuwaiti forensics team had earlier claimed that Sariah had died of natural causes. According to the Jakarta Globe, Sariah told her family that her boss routinely abused her, and, in her last phone conversation with her family, she informed them that she had been beaten and locked in a room without meals. The director of Migrant Care, which was contacted by Sariah’s family after she was admitted to hospital in a coma, claims that Kuwaiti officials failed to investigate the case despite solid evidence that there was torture and beatings caused by her employer. The director said that Migrant Care was forced to act to ensure an autopsy was completed, as the government does not routinely do autopsies on deaths of migrant workers.

The director of Migrant Care said that, according to its data, there has not been a single foreign employer from a Middle-East country that has been found guilty of abusing a domestic worker. She hopes that Sariah’s case, “could be the starting point to investigate other deaths and we hope the government will be more attentive to our workers.”

For more information, please see:

New York Times – Immigrant Maids Flee Lives of Abuse in Kuwait – 1 August 2010

Jakarta Globe – Ministry Probes Brutal Death Of Indonesian Maid in Kuwait– 23 July 2010

Manilla Bulletin Publishing Corporation – DFA Confirms Death of 2 OFWs in Kuwait – 20 July 2010

Arab Times – Couple Admits Killing Filipina Maid – 17 July 2010

Kuwait Times – 5 to 10 Filipina Maids Fleeing Sponsors Daily – 27 July 2009

KENYA IN THE AFTERMATH OF REFERENDUM FOR NEW CONSTITUTION

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Voters in Kenya today came out to vote in a historical referendum to approve a new constitution for the African state.   The proposed constitution has been touted internationally for addressing issues of tribalism, centralization of power and corruption.  This document would replace Kenya’s current constitution of 47 years old.  Although official results from today’s vote will not be made public until Friday, opinion polls show public support for a new constitution above 60 percent.

Millions of Kenyans Turn out for Referendum for New Constitution
Millions of Kenyans Turn out for Referendum for New Constitution

The new constitution places significant limitations on political power and seeks to create a unified Kenya, free of tribal conflict. In addition to other significant changes, appointments of senior public servants and judges would require parliamentary approval and only professional lawyers and judges would be able to sit on the judiciary’s cabinet.  The constitution also envisions a new method of sharing resources nationally in order to promote political and economic stability.

Despite these changes, some groups have expressed concern about the current draft.  In particular, numerous U.S.-based Christian groups have poured money into anti-referendum campaigns claiming that the new constitution eases laws on abortion and Islamic courts.   There has also been an outcry from international investors who oppose the new draft’s land holding policies which limit foreigners from owning land for a period of no longer than 99 years.   

In preparation for the referendum, the government deployed over 63,000 police forces to polling sites throughout the nation in order to avoid politically motivated violence.  The government also moved to strictly enforce hate speech laws against parliamentarians in the days leading up to the referendum for trying to instigate violence. Politicians have been known to exploit antagonism among ethnic tribes to encourage tribal conflict in order to maintain power and control. Many feared that this vote could lead to a repeat of the 2007 post-election bloodshed that left over 1,300 people dead and which forced over 300,000 to flee their homes as the violence spread in 2008.  Currently there have been no reports of violence or intimidation during or after the referendum.

Even if the referendum results in the endorsement of the draft, it may still be difficult to finalize and eventually enforce the new laws.  There are growing concerns that some tribal groups may attempt to revolt against the government.  Mwalimu Mati, director of Mars Group Kenya, an anti-corruption watchdog group, warns of growing ethnic hatred among groups but claims that the arrest of high level officials has helped stave off violence.  Mr. Mati knows however, that the country still has a tough time ahead and must address underlying tribal and ethnic hatred before a new constitution can be affective.  Mr. Mati concludes that “[u]ntil we truly get to the bottom of resolving those problems, real change is a ways off yet.” 

For more information, please see:

Al-Jazeera – Millions Vote in Kenya Referendum – 4 Aug., 2010

Christian Science Monitor – Kenya Referendum: Voters Cast Ballots, Tensions High – 4 Aug., 2010

Kenya Broadcasting Corporation – Voting in Kenya’s Referendum Closes – 4 Aug., 2010

Christian Science Monitor – Kenya Reins in Hate Speech Ahead of Constitution Vote – 18 June, 2010