Sri Lanka Holds on to Restrictive Powers

Sri Lanka Holds on to Restrictive Powers

By: Greg Donaldson
Impunity Watch, Asia

COLOMBO, Sri Lanka — On the last day of August, President Mahinda Rajapaksa requested that the Sri Lankan Parliament allow the emergency powers given to his government to expire. The regulations, which have been in place since 1971, gave the government unrestrained power to search, arrest, and detain.

Sri Lankan detention centers (Photo Courtesy of BBC)
Sri Lankan detention center (Photo Courtesy of BBC)

Many sources claim that this broad governmental power led to many people being tortured, unlawfully detained, and forced to disappear. The majority of the victims belong to the political party known as the Tamil Tigers.

The Sri Lankan government has come under heavy criticism since the government defeated the Tamil Tigers in a twenty-six year war that ended two years ago. Instead of allowing the emergency powers to expire at the conclusion of the war, the government clung to the powers until last month.

While allowing the emergency powers to expire appears to be an act of good faith by the government, many are calling this action deceitful and a “bait and switch” by the government.

The 1979 Prevention of Terrorism Act and several other laws still exist which give the government power to detain individuals up to eighteen months without trial. Furthermore, proposed legislation will allow the regime to keep the over 6,000 people currently held under the expired emergency powers act.

“The Sri Lankan government announced that the state of emergency is over, but it is holding on to the same draconian powers it had during the war,” said Brad Adams, Asia director at Human Rights Watch.

Many groups and journalists have cautioned the world that the Sri Lankan government’s power has not changed since the emergency regulations expired. A local journalist wrote “we hope that the government will not hoodwink the international community by publicizing that the country’s emergency laws have been abolished.”

The outgoing attorney-general, Mohan Peiris, told BBC that the expiration of the emergency powers should lead to the release of long term prisoners. However, he later told other journalists that “no suspects will be released and there is no change even though the emergency has been allowed to lapse.”

Peiris continued to explain that the government would create more legislation that would allow the secretary of defense or the president to pass emergency laws as needed. An example of this occurred on August 6 when the president granted the military search and arrest powers. It is unclear how short or long this decree will last.

Sri Lankans are relieved that the state of emergency and the war are over, but the world is keeping its eye on the government.

For more information, please see:

Associated Press — Rights group says Sri Lanka still uses abusive detention laws despite end of war — 8 September 2011

BBC – Human Rights Watch condemns ‘draconian’ Sri Lankan laws – 8 September 2011

Daily Mirror – Laws that promote democracy and development – 7 September 2011

Human Rights Watch – Sri Lanka: ‘Bait and Switch’ on Emergency Law – 7 September 2011

Protests Against Reigning Monarch Turn Violent in Swaziland

By Carolyn Abdenour
Impunity Watch Reporter, Africa

MBABANE, Swaziland – On Wednesday, 7 September, police fired rubber bullets and tear gas to disburse crowds during a protest against Africa’s last monarch King Mswati III.  Police action led to the hospitalization of six people for injuries, including head injuries.  Officials attempted to disburse the rally when representatives from the Congress of South African Trade Unions (“COSATU”) attempted to address the crowd.

Protesters in Manzini. (Photo Courtesy of Times of Swaziland)
Protesters in Manzini. (Photo Courtesy of Times of Swaziland)

Sibongile Mazibuko, head of the Swaziland National Association of Teachers, said “When COSATU representatives got up to speak, police gathered to remove them.  The crowd tried to protect them.  There were gunshots (of rubber bullets), teargas.” The organization reports officials beat Swazi union leaders, and they will deport COSATU leaders.

Swazi unions invited COSATU to join their marches for the “Global Week of Action”.  The protests called for an end to Mswati’s twenty-five year absolute monarchy.  Approximately forty-five COSATU representatives traveled to Swaziland to participate in the marches.  The marches began on Monday in Mbabane.  On Wednesday, the security forces used the rubber bullets and tear gas after about 1,000 students threw stones and bottles at them.  Coordinator of the Swaziland United Democratic Front Sikelela Dlamini reports, “Some people were beaten to a pulp.”

A march also took place in Manzini where 5,000 people gathered at a non-violent stand-off with the police.  The police reacted similarly to Mbabene in the town of Siteke towards 3,000 unarmed and peaceful protestors.  However, a police spokesperson stated a police officer was injured in the skirmish.  At these protests, the police arrested and beat several protesters.

On 9 September, COSATU and Swaziland Democracy Campaign will hold marches at South African Reserve Bank branches.  More violence may also arise when activists deliver a petition to end Mswati’s rule.  These activists are inspired by the North African uprisings against autocratic rulers.

Corruption and declining customs revenue have forced Swaziland into a financial crisis.  Custom revenue represented about two-thirds of Swaziland’s revenue.  However, custom revenue diminished during South Africa’s 2009 recession.  This financial crisis had created a shortage of medication in the country.

To combat the crisis, the government has cut student allowances and frozen civil servant salaries rather than royal household or military spending.  The Swazis advocate that Mswati cut the spending that support the his lavish lifestyle and that of his thirteen wives and children.  Mswati’s fortune estimates $200 million.

For further information, please see:
Boston Globe – Protesters against Swaziland king clash with police – 8 Sept 2011
Reuters – Thousands march against Swaziland king – activists – 8 Sept 2011
The Botswana Gazette – South Africa unionists deported in Swazi protest crackdown – 8 Sept 2011
Times of Swaziland – 45 COSATU members here for protest march – 7 Sept 2011

Activist Killed and Opposition Infrastructure Damaged in Pre-Election Violence

By Carolyn Abdenour
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo – On Tuesday, 6 September, police officers shot an activist at the offices of the Union Democracy and Social Progress (“UDPS”) during pre-election violence.  Attackers also damaged UDPS headquarters and a local television station RLTV.  Both organizations oppose the current government.

Activists gather outside their attacked offices in Kinshasa. (Photo Courtesy of BBC)
Activists gather outside their attacked offices in Kinshasa. (Photo Courtesy of BBC)

UDPS asserts the police shot at their offices with live ammunition, but Kinshasa’s police chief General Jean-Dieudonne Oleko did not comment on the claims.  Congo Planet reports the police shot ammunition to disperse a protest involving UDPS members.  Security Minister Adoph Lumanu stated the police fire wounded twelve people.

Current President Joseph Kabila, representing the People’s Party for Reconstruction and Democracy (“PPRD”), is up for reelection in November, and UDPS candidate Etienne Tshisekedi is his main challenger.  Tshisekedi, leader of UDPS, registered his presidential candidacy on Monday.  The BBC reports a witness spotted the attackers of the UDPS offices wearing PPRD T-shirts.

Attacks on UDPS headquarters occurred overnight, and tensions between the two candidates are rising.  During the two early morning attacks, people looted and ransacked Tshiekedi’s offices.  Additionally, attackers lit RLTV on fire.  RLTV is an independent television station that supports Tshisekedi.  The government previously attempted to silence the news station.  The news station has been off air since the attacks.  UPDS chief of staff Serge Mayamba reports the attacks occurred around 2 A.M.

UDPS members that followed Tshisekedi to his presidential registration attacked a PPRD building in a similar manner on Monday.  They also set two cars on fire at the PPRD headquarters.

Kabila replaced his assassinated father as leader of this central African country.  Kabila has ruled the country since 2001, and in 2006, he won the country’s first free and fair election.  This election spurred an investment boom in the region, specifically in the southern Cooper Belt.

Tshisekedi fears Kabila will rig the election.  He boycotted the 2006 election, and the UDPS now requests access to the electoral commissioner’s server to review election data and polling stations to ensure a fair election.

DR Congo’s Interior Minister Adolphe Lumanu Mulenda stated at a news conference that “Probably reacting to the attack on the inter-federal seat of the PPRD, some troublemakers have sacked the offices of the UDPS and RLTV television channel.”

The BBC reports the capital remains tense.  However, UDPS Secretary-General Jacquemin Shabani asks his party members and the police cease the violence.

For further information, please see:
BBC – Activist dies in Democratic Republic of Congo unrest – 6 Sept 11
Bloomberg – Congo TV Station Burned in Pre-Election Political Violence – 6 Sept 2011
Congo Planet – Tensions Rise as Tshisekedi Enters Presidential Race – 6 Sept 11
Forbes – Police shoot protesters in Congo; 1 dead, 12 hurt – 6 Sept 11

AS EGYPT AND ISRAEL TRY TO SOLVE THEIR “DIFFERENCES,” EGYPTIAN CIVILIANS ARE LEFT IN THE VOID

By Adom M. Cooper
Impunity Watch Reporter, Middle East

CAIRO, Egypt–Middle Eastern nations Egypt and Israel claim that they wish to return to normal diplomatic activities. But their actions seem to display ‘a dragging of feet’ towards that goal. Yitzhak Levanon, Israel’s ambassador to Egypt, was flown home on Friday 09 September after the embassy was caught in the middle of violent protests in Cairo.

A suspected protester is detained near the Israeli embassy on 10 September. (Photo Courtesy of Reuters)
A suspected protester is detained near the Israeli embassy on 10 September. (Photo Courtesy of Reuters)

Israeli Prime Minister Binyamin Netanyahu said on Sunday 11 September that his government was in the process on working with Egypt to return Levanon to his post. But Netanyahu reiterated that the recent protests have raised new security concerns that must be solved prior to Levanon’s return.

“We are in touch with the Egyptian government over the necessary arrangements for the return of the ambassador, so that he and staff will be appropriately protected in order to maintain Israeli representation in Cairo.”

After Hosni Mubarak’s ouster on 11 February, the Egyptian army took over leadership of the nation. The transition has been hardly seamless, as the army has painstakingly struggled against controlling public discontent towards Israel since five Egyptian border guards were killed last month when Israel prevented cross-border activities with deadly force. Israel claimed that the group was Palestinian and that eight Israelis were also killed in the border skirmish.

Protection of the Israeli embassy in Cairo has become a prime objective for Egypt. Approximately 16 trucks filled with police and security personnel, three buses of military police, two armored personnel carriers, and several other vehicles all were assembled and parked near the embassy on Sunday 11 September. Mohamed Higazy, Egyptian cabinet spokeswoman expressed these words to Reuters about the increase in embassy security.

“The security in front of the embassy has been enhanced. Returning back to normalcy is the objective for both sides.”

Levanon and approximately 80 embassy staff members were evacuated from Egypt on Friday 09 September following on attack on the Israeli embassy. The attack threatened to disengage the peace treaty between Egypt and Israel that has lasted 32 years.

Egyptian officials reported that at least three people were killed and some 1,000 more injured in the clashes that took place on the evening of Friday 09 September between protesters and security forces at the gates of the Israeli embassy. During the day on 09 September, a peaceful demonstration occurred in already renowned protester hub, Tahrir Square.

During the attack on the embassy, protesters destroyed a cement barrier around the high-rise building and dumped hundreds of Hebrew-language documents out of the windows of the embassy. Some 20 suspects were arrested following the attack, reported the Egyptian interior ministry.

Osama Hassan Heikal, Egypt’s information minister, said that those who took part in the attack would be sent to an emergency state security court. He said that Egyptian authorities would apply “all articles of the emergency law to ensure safety following the embassy attack, and respect international conventions regarding the protection of diplomatic missions.

Egyptian police and military forces also remained stationed in front of the Saudi embassy and the Giza security headquarters. Civilians also attacked these two locations on Friday 09 September.

In a statement on the evening of Saturday 10 September, the military-led transitional government said that it would make use of the detested and loathed “emergency law.” This law allows for extra-judicial detentions as part of a new crackdown on disruptive protests and the transitional government had previously promised to eliminate the 30-year-old emergency legislation. The emergency law was considered a cornerstone of sorts for Mubarak’s regime and was one of the protesters’ primary demands when calling for the end of Mubarak’s reign.

The specific implementation of the transitional government’s statement is unknown. A council of officers has already governed the nation for seven months in suspension of the Constitution, taking measures such as hindering the right to a fair trial. As of 11 September, as many as 12,000 civilians have been subjected to swift military trials.

The ability of the transitional government to maintain control has been very difficult. In trying to restore order to the streets of Egypt without jeopardizing its position as “leader,” the council has chosen to pick its spots in dealing with protesters.

Sometimes, protesters are met head-on with heavy military force. Other times, the military council has made a point to avoid direct confrontation with protesters or even going so far as to meet their demands to maintain a strong public image. The decision to avoid direct confrontation and meet demands proved catastrophic in the situation involving the Israeli embassy.

It is evident that many civilians in Egypt have been placed in a position that virtually renders their long-term concerns irrelevant. First, they called for the end of Hosni Mubarak’s rule and were granted it. But the transition came with inevitable uncertainty. Now, the Egyptian army that has taken Mubarak’s place to lead the country is “punishing” its citizens for their actions. This time, outrage over the situation with Israel.

Until the Egyptian people are given a chance to voice their concerns with substantive means to achieve them, this downward spiral does not appear to have a peaceful an end in sight.

For more information, please see:

Ahram-Egypt and Israel after the embassy-11 September 2011

Al-Jazeera-Egypt and Israel seek to return to ‘normal’ ties-11 September 2011

BBC-Netanyahu says Egypt peace stands despite embassy riot-10 September 2011

The Guardian-Israel faces worst crisis with Egypt for 30 years as diplomats flee-10 September 2011

Human Right Watch-Egypt: Retry or Free 12,000 After Unfair Military Trials-10 September 2011

NYT-After Attack on Embassy, Egypt Vows a Tougher Stance on Protests-10 September 2011

Reuters-Egypt, Israel seek normality after embassy storming-11 September 2011

Egyptian Protest Over Military Rule Unrest Turns Violent

By Tyler Yates
Impunity Watch Reporter, Middle East

CAIRO, Egypt — Egyptian protesters are beginning to show signs of unrest towards the Egyptian military rule that began after the fall of Hosni Mubarak.  On Friday a mass rally calling for reforms was held at Cairo’s Tahir Square.  By nighttime what had started as a peaceful protest had turned violent as thousands of people tore down a protective wall around the Israeli Embassy, while others defaced the headquarters of the Egyptian Interior Ministry.

Protesters tear away at wall outside of Israeli Embassy (Photo courtesy of Al Jazeera).
Protesters tear away at wall outside of Israeli Embassy (Photo courtesy of Al Jazeera).

The Egyptian state news agency reports that 448 people were injured and 17 protesters were arrested in the mayhem.

The rally’s main purpose had been to press the military rulers to keep the promises they made for reform after they took over the country.

“It would be a shame on the Egyptian people if they forget their revolution,” a preacher leading a Muslim prayer section earlier in the day at the protest remarked.

A big sticking point for many protesters is the usage of military trials for civilians.  Human Rights Watch (HRW) reports that almost 12,000 civilians have been arrested and brought before military tribunals since February.  This is more than the total number of civilians who faced such trials under Mubarak.

The military rulers have sad that the trials of civilians before military tribunals will end as soon as the state of emergency is lifted.  After Friday’s incident it is uncertain when this will happen.

The military released a statement saying that it will respect the activists’ right to protest peacefully, but it warned that it would respond to violence with “the utmost severity and decisiveness.”

The interior ministry said that it had withdrawn its riot police stationed in Tahir Square to allow the protest to proceed unhindered.  Reports confirm that police and military personnel were nowhere to be seen in Tahir Square or in the streets surrounding it, but when the protests turned violent they arrived by the truckload.

The scale and attitudes of Friday’s protest mark a departure from the previous Egyptian protests that have occurred since the revolution began.  Mixed with the liberal goals of retribution against Mubarak and an end to military rule were new grievances over recent events, including a border dispute with Israel and a brawl between soccer fans and police at a match the previous Tuesday.

Thousands of ultras –hard-core soccer fans – were a conspicuous presence in the protests and a dominant force in the violence.  Notorious for their obscene chants and pension for brawling, the ultras have become increasingly engaged in the politics of the revolution.

Egyptian politicians at every level have spoken out against the violence.  Some even chided the military for failing to have some sort of presence at the protests until they were forced to respond with brutal force.  Many were careful to distance themselves from any support of Israel.  Among the objections against Mubarak was his steadfast devotion to the alliance between Egypt, Israel, and the United States.  Aspiring political candidates and the military rulers have been careful to stay on the popular side of these sentiments.

For more information, please see:

Human Rights Watch — Egypt: Retry or Free 12,000 After Unfair Military Trials — 10 Sept 2011

New York Times — After Attack on Embassy, Egypt Vows Tougher Stance on Protests — 10 Sept 2011

Al Jazeera — Egyptians protest against military rule — 9 Sep 2011

New York Times — Protest of Thousands in Cairo Turns Violent — 9 Sept 2011