by Hibberd Kline
Impunity Watch Reporter, Asia

PYONGYANG, North Korea – One week after Kim Jong-il’s death, the 69 year-old, ruthless dictator continues to hold the spotlight of world attention hostage from beyond the grave.

Speculation in the media and among foreign policy analysts as to the potential impact of Kim Jong-il’s death on North Korea’s future has run the gamut from detente to crackdown to collapse and back again. However, as the world struggles to discern a murky future it must not forget or ignore either the brutality of Kim’s reign or the continuing, horrific, human suffering in the Democratic People’s Republic of Korea (DPRK).

Like his father before him, Kim Jong-il used the coercive power of the state to reach into and attempt to control nearly every aspect of the daily lives of Koreans living in the North. Any perceived threat to the dominance of the personality cult of the “dear leader” over the hearts and minds of the North Korean people was filtered out of public consumption and dealt with mercilessly. Under Kim’s direction, the DPRK’s political machine is widely reported to have worked vigilantly to stomp out its citizens civil liberties including; privacy, and freedom of expression, religion, association and the press.

One of the regime’s methods for achieving its aims has been to effect a practically universal stranglehold on the flow of information within the country. According to the United States Central Intelligence Agency (CIA), the DPRK boasts no independent media and all radios and televisions in the country are “pre-tuned to government stations.” Furthermore, people living in the North are forbidden to listen to, watch or read foreign media and all foreign broadcasts are jammed by the government. Violators of the government’s media policies are punished swiftly and severely.

Although the DPRK’s constitution provides for the free exercise of religion, the CIA believes that the reality in the North falls far short of the idealistic text. North Korea’s media continuously showered praise on the “dear leader,” and the population was required to demonstrate unwavering and absolute devotion. State sponsored religious groups do exist, ostensibly to provide an illusion of choice to the outside world. However, autonomous religious activity has all but disappeared entirely from the isolated state.

In order to maintain its grip on society, the DPRK’s government continues to punish political dissent harshly. Once accused of disloyalty, political dissenters and other “enemies of the state” are denied access to an impartial and independent judiciary and receive no due process in sentencing or punishment. Furthermore, public and secret executions, forced labor, intimidation, imprisonment and torture are reportedly widely utilized to impose the government’s will on the populace.

Additionally, a recent report by Amnesty International estimated the number of political prisoners currently languishing in the country’s remote gulags to be upwards of 200,000. Tens of thousands are estimated to have died from exhaustion, starvation, exposure, sickness or execution in the camps under Kim Jong-il. Yet, the North’s stranglehold on information and its treatment of political prisoners, though horrendous and inexcusable, are unlikely chief among the many pressing woes that most of the DPRK’s population continue to face on a daily basis.

At the close of 2011, the DPRK’s population is once again believed to be facing widespread famine. PBS Newshour reports that flooding and a severe winter have decimated the North’s food production. As a result, DPRK has set food rations for its non-military, non-political elite, civilian population at “200 grams or less per person per day.” According to the World Health Organization, the minimum daily energy requirement is around 600 grams of food per person per day. An estimated 60% of North Korea’s population depends on government rations for survival.

The volatility of the DPRK’s food security has been further aggravated by the large number of persons thought to be internally displaced (IDPs) as a result of flooding and famine. However, the exact extent of the impact of IDPs on North Korea’s food security is unknown, because an accurate number of IDPs in the isolated country is difficult to determine. As the situation appears to be worsening, international aid organizations fear that children, pregnant women and the elderly will face a significant risk of starvation throughout the winter.

However, food scarcity is nothing new to Koreans living in the DPRK. Kim Jong-il’s 17-year rule was marked by food shortages and malnutrition punctuated by periods of widespread starvation. In 1992, he launched his so-called “Military First” policy, which stressed intensive military spending above feeding DPRK’s population.

In times of economic hardship or agricultural failure this policy called for the military and state officials to be provided for first and often resulted in slashed food imports and severe hardship for much of the civilian population. Furthermore, the DPRK has repeatedly been accused of stockpiling international food aid for use by its military.

In addition to failing to provide food security to its people, the government under Kim Jong-il allowed human traffickers to operate with virtual impunity. Women continue to be systematically sold to buyers in China as wives, sex slaves or laborers. Furthermore, inside the country, the DPRK’s government effectively treats many of its citizens as slaves by mandating their type of employment.

In light of the ignominious human rights record of Kim Jong-il’s government, Kim’s death has sparked a series of serenades by international humanitarian organizations echoing previous calls from around the world for North Korea to commence immediate and drastic reforms. A plea from Human Rights Watch quoted  the UN Special Rapporteur for Human Rights in North Korea’s depiction of DPRK human rights abuses as “harrowing and horrific,” “egregious and endemic,” “systematic and pervasive” and “in a category of its own.”

Unfortunately, the prevailing view among analysts seems to be that the DPRK’s leadership will likely not be receptive to outside calls for quick and thorough reform. Indeed, many have pointed to Kim’s ruthless purge of potential enemies throughout the North’s society upon taking power in the 90’s and suggest that the military has already begun to initiate similar activities on behalf of the “dear leader’s” son Kim Jong-un.

While the future of the North Korean Government’s stance on human rights remains ambiguous at best, it may still be premature to predict whether or not Kim Jong-il’s death will have a significant impact on the suffering of the North Korean people. However, even if Pyongyang were to completely reverse its stance on human rights, salving the brutality of Kim Jong-il’s legacy would require substantial assistance from the international community for years to come.

Sources cited by Amnesty International report that the people of North Korea are eating grass and bark as they struggle to survive. Meanwhile, a cruel dictator lies bedecked in flowers.

For more information, please see:

CBC News — 7 Questions about North Korea’s Future — 20 December 2011

Amnesty International — North Korea: Kim Jong-il’s Death Could Be Opportunity for Human Rights — 19 December 2011

Huffington Post — Kim Jong Il’s Death Elicits Plea for End to Human Rights Abuses in North Korea — 19 December 2011

Human Rights Watch — North Korea: Kim Jong-Il’s Legacy of Mass Atrocity — 19 December 2011

PBS Newshour — Aid Groups: Children in North Korea at Risk for Starvation This Winter — 08 December 2011

Amnesty International — North Korean Prison Camps Grow Larger — 11 May 2011

Amnesty International — Images Reveal Scale of North Korean Political Prisoner Camps — 3 May 2011

Human Rights Watch — World Report 2011: North Korea — 24 January 2011

UN News Center — Human Rights Situation in DPR Korea Is Bleak, Independent UN Expert Says — 15 March 2010

By: Jessica Ties
Impunity Watch Reporter, Asia

MANILA, Philippines – The Philippine government is being pressured by rights groups to end the conducting of military practices on school grounds.

In an investigation lasting little over a week on northern Luzon island, Human Rights Watch found five cases since 2009 in which schools were being used simultaneously as educational institutions and as military barracks or military.

According to the investigation’s findings, the use of schools lasted anywhere from three months to over a year.

Over twenty principals, teachers and officials were interviewed during the course of the investigation and many expressed significant concern for the danger that the military use could potentially bring to school children.

In addition to the potential conflict between the Philippine government soldiers and the communist insurgents, many of those interviewed also fear that the government soldiers will act inappropriately around or toward the students.

One teacher states that, “[Soldiers] staying there is a big threat. They just leave arms lying around and you know that kids may play with them.”

Other teachers complained that the presence of the soldiers also distracts students from their learning and causes students to be exposed to alcohol and pornography while at school.

During an investigation of Gueday Elementary School, Human Rights Watch discovered that troops had occupied a building on the school and used it to store their weaponry. In addition, the soldiers were known to ask the children to run errands for them and one occasion a soldier threatened to shoot a child who he believed had returned the wrong change.

At another school, Sadanga National High School, soldiers were forced to walk or drive their military vehicles through the school to reach their encampment. The only access road to the school was overlooked by a sentry and according to school personnel, at one time there was a sentry stationed at the school’s only entrance.

Despite concerns about soldier occupation, there have also been reports of positive results from soldier occupation. For example, one school reported receiving a health center while another school reported that soldiers installed a basketball hoop, led morning exercises for the children and cut their hair.

Conflict between the Philippine government has lasted for over forty years and has led both sides to guilty of violating the laws of war.

The use of schools for military purposes is a violation of both Philippine law and international law. Military use of schools was banned by the Philippine government in 1992 after reports of abuse.

The laws of war forbid the attacking of a school unless the schools are being used in the military effort. In addition, the distraction caused but he soldiers have led to concerns that the children’s right to education is also being violated by the military presence.

For more information, please see:

Philippine Daily Inquirer – Gov’t Urged to Stop Soldiers from Using Schools as Barracks – 3 December 2011

Reuters – Philippines Must Stop Using Schools as Military Bases – Rights Group – 1 December 2011

Human Rights Watch – Philippines: Soldiers on the School Grounds – 30 November 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – In anticipation of world AIDS day, prominent AIDS activists Hu Jia and Tian Xi have faced pressure from authorities for attempting to bring attention to difficulties faced by individuals living with AIDS in China.

Hu Jia was released from prison in June after serving a three-year jail sentence for subversion. As a condition of his release, Hu must undergo one year of constant surveillance and “…is tracked and videotaped by Domestic Security police.”

Despite his own recent release from prison, Hu has expressed his fear for fellow activist Tian Xi, who was recently released after serving a one year sentence for staging a protest on world AIDS day in 2009, by stating that “[i]f [Tian] is put back in jail by the authorities, I don’t think he will come out alive.”

Hu claims that Tian has been emotionally unstable since his release leading Hu to advocate for better treatment for AIDS patients on his behalf to prevent his re-imprisonment.

Despite his attempts to engage authorities, Hu has been unable to find a willing audience in the health ministry who has consistently ignored his requests and has threatened him with detention if he publicly protests or gives an interview.

Hu stated that in the past ten years he has approached the health ministry to discuss potential solutions to the problems facing AIDS patients at least sixty times but has received no response.

Tian Xi’s plight against AIDS and the government began when he pursued compensation after being infected with HIV through a tainted blood transfusion following a head injury he received at the age of nine.

In compensation for his contraction of HIV Tian was given 30,000 yuan which is the equivalent of $4,404 American dollars.

Rights activists allege that people with AIDS are often refused treatment and AIDS infected children are denied access to schools. In addition, the medication that is provided by local governments is substandard and becomes ineffective after three to five years.

Although health authorities maintain that sex and drug use are the main causes of HIV contraction, gynecologist Gao Yaojie, who was forced into exile, urges that tainted blood transfusions continue to infect blood recipients in the Hunan province.

An expert panel consisting of members from China’s Ministry of Health, the World Health Organization and UNAIDS estimate that China will have 154,000 AIDS patients by the end of the year. The total infected population in china is estimated at approximately 780,000 people.

 

For more information, please see:

Xinhua Net – China’s HIV/AIDS-Infected Population Estimated at 780,000 – 29 November 2011

Epoch Times – Activist Hu Jia Assists AIDS Patient’s Appeal – 28 November 2011

Radio Free Asia – AIDS Activists Under Pressure – 28 November 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

BANGKOK, Thailand – Ampon Tangnoppakul, a retired truck driver was sentenced to 20 years in prison on Wednesday under Thailand’s controversial lese majeste laws for sending text messages offensive to Thailand’s monarchy. The sixty-one year old Tangnoppakul was known by his family and friends as “Grandpa” but now is known as “Uncle SMS” throughout the country.

The court ruled that the text messages sent to the then-prime minister’s private secretary defamed, insulted, and threatened King Bhumibol Adulyadej and his wife Queen Sirikit. However, the contents of the messages were not presented in court and remain unknown to the public. One of Uncle SMS’s lawyers, Poonsuk Poonsukcharoen, explained that Uncle SMS received five years in jail for each text message.

Since Uncle SMS was arrested last August he has proclaimed his innocence. In court on Wednesday Uncle SMS explained that he does not know how to send text messages, his phone was being repaired at the time the messages were sent, and he does not know Somkiat Krongwattanasuk (the then-prime minister’s secretary) or his cell phone number.

When reviewing the charges the court found that Uncle SMS’s defenses could not be proven and therefore were irrelevant according to the Bangkok Post.  For example, the court decided it could not determine whether or not Uncle SMS knew how to send text messages or if he knew Mr. Krongwattanasuk’s phone number.

Uncle SMS also claimed that someone could have counterfeited the phone’s IMEI (International Mobile Equipment Identity) number to frame him. Two experts were brought into the trial to testify about the possibility of falsifying an IMEI number. One expert testified that an IMEI number could not be forged while the other expert said it was possible. The court found that Uncle SMS could not prove his cell phone number was tampered with and therefore the court did not accept his IMEI defense.

Critics of the lese majeste laws point to the speech the King gave on his birthday in 2005 to support their claim that such convictions are unjust. In the speech the King said “actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know… But the King can do wrong.”

The tightening of lese majeste laws is also expanding to the internet. According to Human Rights Watch, Information and Communication Technology (ICT) minister Anudith Nakomthap said the ministry told Facebook to block accounts with lese majeste content. Over 60,000 URLs were blocked in October and November and government officials have warned that those who “like” offensive material to the King on Facebook could also be prosecuted under lese majeste laws.

For more information, please see:

Bangkok Post – The Saga of ‘Uncle SMS’ – 27 November 2011

The Guardian – Thai Facebookers Warned Not To “like” Anti-Monarchy Groups – 25 November 2011

AFP – Thai Man Gets 20 Years for Anti-Royal Texts 23 November 2011

New York Times – 20-Year Sentence for Text Messages Against Thai King – 23 November 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

HONG KONG, China – Two popular television hosts have been fired in Hong Kong causing some to fear that Chinese censorship authorities are overexerting their influence to stifle media freedom.

Ng Chi-sum and Robert Chow gained popularity as the hosts of two radio phone-in shows for Radio Television Hong Kong (RTHK), a government broadcaster, until they were informed that they would not have their contracts renewed for 2012.

RTHK has denied that political motives played any role in the decision to remove the two hosts. They claim that the decision was made by production staff following lengthy discussions about ways in which the programs could be revamped to become more competitive.

RTHK spokeswoman, Kirindi Chan, stated that “there are no political factors here, and there was no pressure from Director of Broadcasting Roy Tang.”

Roy Tang’s recent arrival as the director of broadcasting made many speculate that he was behind the decision to remove Ng Chi-sum and Robert Chow.

Joining in this speculation was Robert Chow who stated, “it’s hard for me to believe that our new director of broadcasting had no hand at all in this decision.”

The sudden decision to remove the protestors prompted democratic legislator Emily Lau to urge Radio Television Hong Kong to hold a news conference to explain their decision.

Following criticism about the removal of the hosts, legislative councilors will discuss the removal at a meeting of the broadcasting panel scheduled to take place in December. According to the panel’s chairman, Wong Yuk-man, invitations to attend will be extended to Roy Tang, Ng Chi-sum, Robert Chow and the head of Radio Television Hong Kong’s public affairs unit, Leung Ka-wing.

Mr. Wong explains that he hopes the meeting will allow Mr. Tang to explain the reason for the removals and prevent further speculation about political motives.

Despite the fear that China’s influence was behind the decision, many believe that the decision was no more than a choice made by executives to improve their programming.  This has been supported by reports that prior to their removal, the hosts were told their positions would be given to civil servants, which neither of the men are, and that the decision was made many months ago although just implemented this week.

Since surrendering sovereignty to China in 1997, Hong Kong has seen a number of outspoken radio personalities removed from popular talk shows.

Although the terms of Hong Kong’s handover from British rule includes the promise that they would be allowed to maintain their freedom of expression for fifty years, many fear that they may prone to self-censorship to avoid anger officials and corporations in China.

 

For more information, please see:

Radio Free Asia – Popular Talk Show Hosts Axed – 25 November 2011

The Standard – RTHK Reform Still Up In the Air – 25 November 2011

RTHK – Legco to Discuss RTHK Departures – 24 November, 2011

The Standard – Bad News on the Lunch Menu a Little Hard to Stomach – 24 November 2011