Protests in China Over Land Seizures

Protests in China Over Land Seizures

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – Protests continue into a fourth day in China where residents are expressing anger that land taken by the government has remained idle for years.

Protests of land takings in China have led to violence by both protestors and government authorities (Photo Courtesy of Radio Free Asia).
Protests of land takings in China have led to violence by both protesters and government authorities (Photo Courtesy of Radio Free Asia).

Police have been exercising control of Guangdong’s Lufeng city as citizens protest not only the government’s taking of farmland but also the inadequate compensation paid by officials.

 Reportedly, the protesters had only received 500 yuan per person, the equivalent of 78 American dollars, in compensation. The amount of compensation is shockingly low when compared to the $156 million paid by developers for the most recently seized plots.

According to Lufeng city officials, the land has been sold to be used for the development of industrial parks and high priced housing. There have also been reports that developers intend to use the land to build a luxury holiday resort, tourism villas and a neon-lit nightclub.

One protester, Chen, stated that the police “…have been sitting on that land and not using it, while more than 10,000 people in our area have no land to cultivate.”

A local resident and protest participant, Yang, estimated that between 3,000 and 4,000 people took part in the first day of protest which began on Wednesday following reports that more than 800 acres of the land that had been taken from farmers had been sold.

By Thursday several hundred armed officers and riot police were dispatched to disperse protesters.  Violence increased following the detention of several protesters by police as fellow protesters attacked the police station and overturned two police cars in demanding release of those who had been detained.

According to a local resident, the four individuals who were detained haven’t been released and the police have become increasingly violent, sending several people to the hospital including two thirteen year old children who were seriously harmed.

Chen described the nature of such attacks:  “[a]t about 10:00 a.m. [Thursday], the villagers were having a meeting, when [the police] suddenly drove up and starting beating people.”  

The villagers retaliated against police violence by vandalizing four police cars, besieging government buildings, overturning SWAT team vehicles and attacking police officers. The clashes resulted in more than a dozen protesters being injured by police batons.

It has also been reported that residents have attacked local businesses, including a factory and a livestock farm. On Friday, hundreds of protesters gathered outside of government offices, banging gongs, chanting and carrying banners reading “Return our farmland!”

Thousands of protests, many of which become violent, by local communities in China are sparked each month by official land acquisitions that result in lucrative offers for officials while the landowner receives little compensation in return.

 

For more information, please see:

Reuters – Land Grab Protest in S. China Simmers for 4th Day – 24 September 2011

The Wall Street Journal – Riots Erupt Over Land in China – 24 September 2011

The New York Time – Farmer’s in China’s South Riot Over Seizure of Land – 23 September 2011

Radio Free Asia – Protests Intensify After Clashes – 23 September 2011

“Responsibility to protect has arrived,” UN Secretary-General says

By Polly Johnson
Senior Desk Officer, Europe

UN Secretary-General Ban Ki-moon delivered remarks at a roundtable discussion on Friday in New York (Photo Courtesy of UN News Centre).
UN Secretary-General Ban Ki-moon delivered remarks at a roundtable discussion on Friday in New York (Photo Courtesy of UN News Centre).

NEW YORK, United States – United Nations Secretary-General Ban Ki-moon stressed the importance of the “responsibility to protect” populations from genocide, war crimes, and atrocities at the Ministerial Roundtable Discussion on Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities, held in New York yesterday and co-hosted by the Minister of Foreign Affairs of the Kingdom of the Netherlands and the Minister of Foreign Affairs of the Republic of Guatemala, in association with the Global Centre for the Responsibility to Protect.

Ban, who delivered remarks at the meeting, began by noting that Responsibility to Protect, which has become known as “R2P” is at a “critical moment,” as since its endorsement by the World Summit in 2005, “this doctrine has gone from crawling to walking to running.”

R2P’s mission and doctrine is rooted in protecting populations from crimes against humanity, ethnic cleansing, war crimes, and atrocities. The roundtable discussion was meant to share ideas, discuss responses and policy instruments, and initiative effective and coordinated international responses.

Focusing his remarks on how to put R2P’s mission into action, Ban noted that information and assessments about states under stress must be shared. “Effective prevention requires early, active and sustained engagement,” he said, adding that R2P and the international community “need to look at our development, capacity-building and peace-building programmes through the lens of atrocity prevention to be sure they are healing fissures within societies, not deepening them.”

Ban cited specific examples. He noted that in Libya, “the international community found the will and the means to respond.”

However, such responses are not the norm.  He cited Syria and Juba as examples of places where authorities have failed to meet their responsibility to protect.

Ban’s office will collaborate with other UN groups to conduct training sessions on genocide prevention and the R2P in South Sudan, Kyrgyzstan, Lebanon, Colombia and Cambodia, among other places.

Mr. Ban concluded hopefully, commending the “remarkable progress to date” and sustained efforts contributing to the momentum. “Let us do our utmost to ensure that this umbrella of protection covers all who need it.”

For more information, please see:

UN News Centre – Responsibility to protect principle must cover all who need it, Ban says – 23 September 2011

UN Secretary-General Office of the Spokesperson – Secretary-General’s remarks at Breakfast Roundtable with Foreign Ministers on “The Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities” – 23 September 2011

Global Centre for the Responsibility to Protect – Joint Statement: Ministerial Roundtable Discussion on Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities – 23 September 2011

Ministerial Roundtable Discussion on
Responsibility to Protect: Responding to Imminent Threats of Mass Atrocities

Migrants Exposed to Sub-Human Living Conditions, the EU’s “Hands are Dirty,” says HRW

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

BRUSSELS, The Netherlands — On Wednesday, Human Rights Watch issued a twelve-page report, entitled The EU’s Dirty Hands, which provides extensive evidence demonstrating a European agency’s role in exposing migrants to severe human rights violations.

Immigrant Detainees in Lesvros, Greece. (Photo Curtesy of Freepressers.com)
Immigrant Detainees in Lesvros, Greece. (Photo Curtesy of Freepressers.com)

Frontex was established on October 26, 2004 as an executive agency of the European Union (“EU”).  Its purpose has been to generate “cooperation between EU member states on issues of border enforcement.”  Since its establishment, Frontex has played “a key role in enforcing EU immigration policy.” While participating states, like Greece, provide the “manpower and material support,” Frontex employees help to “manage the influx of migrants [including those seeking asylum] into the north-eastern region of Greece along the Evros River bordering Turkey, among other places.”

Commencing in July 2007, Frontex operations were supplemented with the Rapid Border Intervention Team (“RABIT”), designed “as an emergency measure in response to the arrival of a large number of migrants to Greece.” As part of the RABIT mission, Frontex personnel were “authorized to apprehend migrants and then transfer them to Greek counterparts who ran detention centers in Greece.”

The European Court for Human Rights noted in M.S.S. v. Belgium and Greece that Greek detention practices violate Article 3 of the European Convention on Human Rights which strictly prohibits torture and inhuman and degrading treatment, and called the current asylum system “dysfunctional.” The Court went on to hold that Belgium violated the human rights of an Afghan asylum seeker when the State transported him back to Greece. Arguably, Frontex could be liable for such participation under this decision. Human Rights Watch seeks to extend this holding to Frontex, which is bound by the European Convention, by arguing that the Agency is “also responsible for having knowingly exposed migrants to treatment which is absolutely prohibited under human rights law.”

During Frontex’s RABIT mission, Human Rights Watch conducted an investigation of various detention centers in the Evros region of Greece in December 2010.  While there, they found that Greek authorities held “migrants, including members of vulnerable groups, such as unaccompanied children, for weeks or months in conditions that amounted to inhuman and degrading treatment.”

At one detention center, men, women and children are all herded together in a cell where “sewage was running on the floors. According to the Greek guards, this was because the prisoners broke the toilets, while protesting their conditions. The smell was hard to bear, and Greek guards wore surgical masks when they entered the passageway between the large barred cells,” reported Human Rights Watch.

Another detention center held 130 detainees while police authorities reported that the space was meant to hold 48. Furthermore, migrants were forced to “sleep on pieces of cardboard or directly on the concrete floors.” The detainees were given bottles in which to urinate because they did not have access to toilets. They were escorted by prison guards to a field to defecate.

At yet another detention center, 120 migrants were being held in a space meant for 30 people. One boy recounted that for seven days he had been sleeping in the toilet because there was no other space.

A 17-year-old Iraqi boy explained that he tried to escape, but he was caught. “They beat me a lot on my neck, legs, head. They kicked me…for fours hours they tied my hands to the bars…and they threw water on me…I was beaten for 30 minutes or one hour. Everybody beat me. I was not taken to the doctor. I was injured on my fingers, and my nail fell off. For two weeks I couldn’t sleep because I was in so much pain.”

In a separate report issued by Doctors Without Borders, it was revealed that more than “60 percent of the migrant’s medical conditions are directly caused by or linked to the degrading conditions.” 1,147 out of 1,809 patients treated between December 10 and March 2011 were diagnosed with respiratory tract infections, body pains, diarrhea, gastrointestinal disorders, psychological conditions, and skin diseases, all health problems directly related to poor living conditions.

While many of the detainees come to Greece seeking asylum from the turmoil in their own countries, Greece is currently in the midst of its own turbulent financial crisis. At least some of the degrading human rights violations are likely to be an effect of Greece’s fiscal woes.  A commander at one of the detention centers explained that, “they simply do not have the ability to provide better standards: we owe money to laundry and food providers. The detainees don’t have soap now because the supermarket that provided this is fed up. We asked again and again. Some people buy from their own money.  When we get help it is usually not from our state but from others.”

The report has been met with some resistance. For example, EU spokeswoman, Michele Cercone commented in Brussels that, “the logic of placing part of the blame on Frontex was entirely flawed. We’re aware that conditions in some of these centers are unacceptable. But Greek authorities alone bore the responsibility for that.”

Futhermore, Frontex spokesman said that, “the agency welcomed much of the new report, but…transporting migrants to centers where they were interviewed and identified did not constitute complicity in abuse.”

Greek officials have made no immediate comment.

For more information, please visit:

Forbes Magazine – Rights Group: EU Agency Exposing Migrants to Abuse – 21 Sept. 2011

Human Rights Watch – The EU’s Dirty Hands – 21 September 2011

The Washington Post – Rights Group Says EU Border Enforcement Agency Exposing Migrants to Abuse in Greek Detention – 21 September 2011

Doctors Without Borders – Greece: Migrants’ Medical Problems Due to Inhumane Detention Conditions – 15 June 2011

LRA Rebel Commander is “Off the Hook”

By Daniel M. Austin
Impunity Watch Reporter, Africa

KAMPALA, Uganda – Uganda’s highest court has ordered a rebel commander from the Lord’s Resistance Army (LRA), charged with 53 counts of willful murder, should be granted amnesty and released. The high court’s ruling brings an abrupt end to the county’s first war crimes trial and is a significant blow to prosecutors trying to bring charges against the LRA’s leadership.

Lord’s Resistance Army Commander Thomas Kwoyelo (Photo Courtesy of usaforicc.org)
Lord’s Resistance Army Commander Thomas Kwoyelo (Photo Courtesy of usaforicc.org)

Uganda’s Constitutional Court has ruled that Thomas Kwoyelo , a former colonel in the Lord’s Resistance Army, is eligible for immunity even though he has been charged with 53 counts of murder against civilians, kidnapping, hostage taking, robbery, and destruction of personal property.  The charges stem from Mr. Kwoyelo’s participation in the LRA during the 20 year war in northern Uganda.  Mr. Kwoyelo, now 39, joined the LRA in 1987, and has been accused of leading raids against several villages in northern Uganda resulting in the deaths and abductions of numerous civilians between 1992 and 2005.

Mr. Kwoyelo has denied all of the charges and petitioned the Constitutional Court for amnesty. According to AFP, in reacting to the verdict granting his client amnesty, Mr. Kwoyelo’s defense attorney, Ben Ikilai said: “He is off the hook… The constitutional court has decided that he is supposed to be released because it was discriminatory not to grant him amnesty.” Mr. Ikilai went on to add that his client is anticipating an appeal from the prosecution and they will be prepared for it.

Thursday’s decision is based on an amnesty law that was enacted in 2000 and has already been used to pardon more than 10,000 LRA fighters.  Under the law, fighters who surrender and come back to Uganda peacefully will not be prosecuted for crimes they committed during the war.

According to the Ugandan government, Mr. Kwoyelo was taken into custody in March 2009 in Garamba forest in the Democratic Republic of Congo. He was arrested during a raid by regional forces against the LRA rebels who had left Northern Uganda two years earlier.  When he was capture, Mr. Kwoyelo was the fourth highest ranking official in the Lord Resistance Army.

Some of the LRA’s top commanders, including Joseph Kony, have escaped capture and continue to commit atrocities in neighboring countries.  Most recently, in July 2011, the LRA is suspected of killing 26 civilians and kidnapping 21 people, including 10 children in 53 different village raids in the Democratic Republic of Congo. Individually, Mr. Kory has been indicted by the International Criminal Court in The Hague for war crimes and faces a number of other charges including rape, murder, mutilation, and recruitment of child soldiers.

For more information, please see:

AFP — Uganda orders amnesty for LRA rebel commander – 22 September 2011

All Africa — Uganda: LRA’s Kwoyelo Ruling for Thursday – 21 September 2011

Amnesty International – Uganda’s amnesty for LRA commander a ‘setback’ for justice – 23 September 2011

Radio Netherlands Worldwide — Ugandan grants LRA rebel amnesty – 23 September 2011

UPI — LRA leader freed in Uganda –23 September 2011

Ceasefire in Yemen Proves Futile to Curb Bloodshed

By Zach Waksman
Impunity Watch Reporter, Middle East

SANA’A, Yemen – Tuesday’s ceasefire announced between government forces and a revolutionary group headed by a military leader who defected to protect protesters against the Yemeni regime has been shaky at best.  From September 18-21, security forces killed at least 77 activists in Sana’a, the capital, and wounded hundreds more.  At least seven more people died as a result of sniper fire on Thursday. The ceasefire, announced by Vice President Abed Rabbo Mansour al-Hadi Tuesday evening, has not been as effective as expected.  Shortly after the announcement, explosions were heard across Sana’a. 

Protesters in Taiz advance on a human barrier formed by Yemeni security forces. (Photo courtesy of Yemen Times)
Protesters in Taiz advance on a human barrier formed by Yemeni security forces. (Photo courtesy of Yemen Times)

This new round of violence comes less than a week after President Ali Abdullah Saleh gave Hadi permission to negotiate a proposed deal backed by the United States and European Union.  If signed, Saleh would step down from his position in exchange for immunity from prosecution for himself and his family.  But since that authorization was granted, negotiations for that agreement have not proceeded as quickly has hoped because of the conflict.

The proposed agreement has not been viewed favorably by the Joint Meetings Parties (JMP), one of the opposition groups.  For such negotiations to take place, it felt that either Saleh or Hadi would have to sign a power transfer document.

“They have to say that we accept the initiative,” said JMP leader Yassin Saeed Noman, in reference to the agreement. “Then we can talk about the implementing mechanisms.”

Last week, the United Nations Office of the High Commissioner for Human Rights, issued a report on the situation in Yemen.  It noted that Yemen’s authorities “appeared to have lost effective control of parts of the country and within the major cities” and warned that Yemen was confronted by the prospect of civil war.

Human Rights Watch, which has closely followed the recent attacks, considered the security forces’ efforts disproportionate to the protesters’ actions.  For instance, a September 18 protest had thousands of activists chanting, among other things, “This is a peaceful march.”  Security forces responded by firing sewage, tear gas, and live ammunition at the dissenters, who responded by throwing rocks.

“These latest killings by Yemeni security forces show exactly why there should be no get-out-of-jail-free card for those responsible,” said Joe Stork, deputy Middle East director at Human Rights Watch. “The Gulf Cooperation Council and other governments involved in negotiating President Saleh’s exit cannot grant immunity for international crimes.”

A September 20 rally in Taiz, in response to the September 18 shootings, was met by a similar show of force.  Eyewitness Anas al-Mashreqi told the Yemen Times about what he saw.

“We were surrounded in a cafeteria and I was scared and expecting to be hit by a stray bullet,” he said.  “I wonder why should a Yemeni kill another Yemeni? Why should the regime insist on crushing the people to stay in power? The ruling party should submit to the will of the people demanding change, a more favorable present and a better future.”

Taiz has been a particularly dangerous location during the months-long conflict.  Residents say that shelling takes place there almost every night.

Sana’a has been repeatedly rocked by shells and mortar fire over the past several days.  Thursday, through SABA, Yemen’s official news agency, the Interior Ministry reported that the rebel forces had been indiscriminately firing mortars in several neighborhoods of the capital. 

“Snipers from the militias loyal the First Armoured Division, Al-Islah Party, and the gangs of Al-Ahmar’s tribesmen have taken position on the rooftops of some business towers in Al-Zubayri Street, from where they are opening fire on citizens and security personnel”, it said in a press release.

There does not seem to be any sign of violence ending anytime soon.  Who to blame for the continued violence is unclear.  A GPC source in Taiz told the Yemen Times, “Whenever there are signs of a breakthrough in the political crisis, the JMP resort to blowing up the situation. The Muslim Brotherhood militias perform armed rallies and blockade streets, break into government offices and plan killing demonstrators themselves and attribute their crimes to the government.” The source affirmed security forces’ commitment to directions by the president and his deputy not to shoot fire no matter what and the necessity for self-restraint.

The JMP views the conflict from the opposite perspective.  “[The Saleh regime doesn’t] want to solve the problem peacefully,” said Noman. “They think they can overcome all others by using weapons. That’s why I think the international community should condemn what is happening.”

So far, efforts to do so have failed.  The High Commissioner has considered setting up an office in Sana’a, which has drawn opposition from Yemen.  A resolution on the situation was expected from the Netherlands at the Human Rights Council meeting later in this week.

For more information, please see:

New York Times — Truce Threatened in Yemen — 22 September 2011

SABA Net — Tribesmen, Rebel Troops Shell Residential Areas in Sana’a — 22 September 2011

Yemen Times — Violence Renewed in Taiz — 22 September 2011

Al Sahwa — Yemen Security Forces Kill 77 Protesters, Wound 780 Others — 21 September 2011

Human Rights Watch — Yemen: Protester Killings Show Perils of Immunity Deal — 20 September 2011

New York Times — Mortars Fall on Yemeni Capital as Battles Continue — 20 September 2011

BBC — Yemen unrest: A deadly game of elite brinkmanship — 19 September 2011