Asia

China Looks to Legalize “Enforced Disappearances”

By Greg Donaldson
Impunity Watch Reporter, Asia 

BEIJING, China – Despite international pressure to end its questionable detainee practices, the Chinese government is hoping to expand its power to jail those it deems as “criminals” by modifying China’s Criminal Procedure Law to legitimatize enforced disappearances.

Chinese artist Ai Weiwei was held in secret detention for 81 days (Photo Courtesy of The Guardian)

The amendment would allow Chinese authorities to lawfully detain a person for up to six months without any kind of proceeding if alerting family members or lawyers of the detainee’s location would “hinder the investigation.”

International Law explains that a country commits an enforced disappearance when agents from its government take a person into custody and then deny holding the person or fail to disclose the person’s location.

China has a history of detaining individuals in “black jails” despite numerous accusations of major human right’s violations occurring in these facilities. “Black jails” are unlawful secret detention facilities.

In 2009 Human Rights Watch (HRW) RHreleased a report entitled “An Alleyway in Hell: China’s Abusive ‘Black Jails’” describing the horrible treatment detainees receive in “black jails.” Former detainees explained that they were dragged by their hair, beaten, starved, sleep deprived, and received threats of sexual violence.

A short time after the Human Rights Watch article was released, a weekly Chinese newsmagazine published an article confirming the finding of the HRW report. Two months later, the Chinese government ordered the closure of local government “liaison offices” in Beijing that had been used as “black jails” in the past.

Sophie Richardson, China director at Human Rights Watch expressed the organizations concerns over the new legislation. “Despite a few weak gestures of disapproval, the Chinese government has largely ignored or tacitly approved the security agencies’ proclivity for enforced disappearance and ‘black jails.’” She continued “The proposed legal revisions are a clear indication of the government’s intentions.”

In response to recent criticisms about the proposed amendment China’s Foreign Ministry said “the competent authorities of China have been soliciting the public’s views” on the proposed amendment. Ministry spokesman Hong Lei told reporters that “we are willing to listen to their views but some organizations have been viewing China with colored lenses. “For such organizations, we will not comment on their behavior.”

If the law is passed, many human rights groups fear that the government will initiate a national security crackdown on human rights lawyers, bloggers, and civil activists by making them disappear prior to the upcoming leadership changes within the country.

For more information, please see:

China Digital Times – Human Rights Watch: Enforced Disappearances a Growing Threat — 10 November 2011

Reuters – China “Black Jails” Prompt Fears of Wider Security Crackdown – 10 November 2011

Human Rights Watch – China: Enforced Disappearances a Growing Threat – 9 November 2011

Asia News – With ‘Enforced Disappearances,’ the Communist Party Becomes A Bunch of Common Criminals – 19 September 2011

Human Rights Watch – China: Secret “Black Jails” Hide Severe Rights Abuses – 11 November 2009

Sri Lanka Tightens Media Censorship

by Hibberd Kline
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Over the past few days, access to at least six news websites including the official website for Sri Lanka’s main opposition party, the United National Party (UNP), has been blocked by the Sri Lankan Telecommunication Regulation Commission.

Media organizations in Sri Lanka are subject to censorship and are often the target of violence. (Photo courtesy of BBC News).

Currently blocked websites include: www.lankanews.com, srilankamirror.com, srilankaguardian.com, paparacigossip9.com and www.lankawaynews.com.

Despite domestic and international criticism, the Sri Lankan government has defended the ban on the grounds that the websites had maligned the President, ministers and top government officials.

Sunil Jayasekara, convener for media watchdog the Free Media Movement, labeled the government’s ban “a brutal crackdown.”

The ministry has attempted to counter such criticism by claiming that the banned websites engaged in publishing materials amounting to “character assassination and violating individual privacy” and that several complaints had been lodged against the sites.

However, the editor of srilankanmirror.com, Kelum Shivantha, believes that no complaints were filed against the news sites. He challenged the government’s assessment, stating that the website always presented fair coverage and included “both sides of the story” in its reporting.

The government did not explain specifically which content spurred it to impose the ban, but each of the banned sites has recently criticized the government. Some of the sites specifically accused politicians of corruption and malfeasance.

Last month, access was similarly blocked to Lanka-e-News’ website after it reported news critical of President Rajapaksa and his brothers.

Although Sri Lankan law does not technically ban criticism of the country’s leaders, the media is often forced to walk a fine line in order to avoid defamation charges.

In a further move, the Ministry of Mass Media and Information issued a statement on Saturday, calling for all websites “carrying any content relating to Sri Lanka,” wherever in the world they operate, to register with the government as soon as possible or face legal action.

Members of both the Sri Lankan media and the opposition have strongly protested both the ban and the registration requirement.

Senior member of the opposition, Mangala Samaraweera, said that the registration requirement was “absurd” and that the government was “paranoid.”

The UNP has pledged to continue campaigning against online news media censorship and is considering legal action.

Additionally, the United States Embassy in Colombo added its voice to the protest in a statement expressing the Embassy’s “deep concern” and calling on the Sri Lankan government “to stop activities aimed at blocking free access in Sri Lanka to all legitimate news websites, including Lanka-e-News.”

The embassy’s statement made it clear that in the view of the United States “a free and independent media is vital to ensuring the health and continuation of any democracy.”

The statement went on to say that “freedom of expression, including unfettered access to internet news websites is a basic right, which must be respected.”

Acting president of the Sri Lanka Working Journalists Association, Gnanasiri Kottigoda, took the sentiment of the embassy’s statement further when he accused the government outright of attempting to undermine democracy by restricting the people’s access to information.

However, Sri Lanka’s news companies are not entirely new to registration requirements. Newspapers, radio and television stations must all register before they begin to publish or broadcast.

Furthermore, the government has previously instituted varying degrees of media censorship during its long struggle with the Tamil Tigers.

According to Paris-based campaign group, Reporters Without Borders, in spite of the fact that the war with the Tigers has been brought to an end journalists continue to be the targets of violence in Sri Lanka. The Group said that perpetrators of attacks on journalists enjoy impunity.

In the past year, lankanews, one of the banned websites which has been highly critical of the government, had its headquarters set on fire. Lankanews blamed the government for starting the fire.

Additionally, the website has received repeated threats of further violence and a lankanews reporter has been missing for over a year.

In spite of the government’s highly controversial move, some in the media community have pointed out that the ban may be largely futile.

According to Information Technology specialist Gihan Mendis, tech-savvy individuals inside Sri Lanka are still able to access the banned sites through proxies. Gihan explained that only developed nations, such as China, have the money and high-tech capacity required to completely block websites.

However, others view the website ban as just one of many measures in an ongoing government effort to search out and stifle dissent.

For more information, please see:

ABC News — Sri Lanka Blocks 5 News Websites over ‘Insults’ — 7 November 2011

BBC News — Sri Lanka Blocks Websites for ‘Maligning’ President — 7 November 2011

BBC News — Website Blocking ‘a Brutal Crackdown’ — 6 November 2011

Sunday Times — Government Blocks More Websites, All Must Register — 6 November 2011

Reuters — Sri Lanka Urges News Websites to Register after Ban — 5 November 2011

Chinese Elections Marred by Harrassment and Controversy

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China –Despite claims by the Chinese government that it is introducing democracy to its people, Chinese elections have faced criticism for harassing potential candidates and engaging in irregularities during the voting process.

Chinese elections have been marred by harassment of independent candidates (Photo Courtesy of Radio Free Asia).

Han Ying, a former potential candidate and land activist, has received threats and has been prevented from leaving her home. In addition, she was detained in a basement for ten hours after printing fliers to advertise her campaign and encouraging people to hear her speak.

The decision to end her campaign, however, came when she was nearly abducted after arriving home to find a guard at the gate of her neighborhood. In fear, she drove away but was followed by a gray car. After arriving at a friends apartment complex she was grabbed by officials, who attempted to drag her into the car, as she attempted to run up the stairs and into her friends apartment. After she screamed the men let go and, before leaving, told her that they were from the election commission and had “just wanted to talk” to her.

Another individual was forcibly removed by the police and taken out of town after he attempted to register as an independent candidate. On election day, he was accompanied by the local police and the state security police to his polling station.

In a similar case, Li Sihua, was accused of “sabotaging the election” when he refused to heed requests to not run for office. He was taken out of town by authorities during three important stages of the elections.

One of the few independent candidates to win the election was sixty-year-old Guo Huojia, a land activist, who received 7,000 out of the possible 9,000 votes.  The day after his victory, however, he was placed under house arrest where he has remained since September 29.

In addition to harassing prospective candidates, the Chinese government has misinformed voters about proper procedure causing many ballots to be deemed “spoiled.”

In one case, a voter chose one preselected candidate and then filled in the box that allowed voter’s to vote for a person not on the ballot. When she turned her ballot in, she was told that it would be discarded because she did not select two approved candidates as required.

Other voters have reported that employees watched them make their selections and did not offer private accommodations unless explicitly asked.

In another irregularity, a potential candidate was eliminated from the ballot during a selection meeting that the police prevented her from attending.

The elections have also been clouded by China’s central propaganda department’s direct order to state media that “news reports regarding independent candidates or election workshops are strictly prohibited.”

The central government also ordered those in charge of China’s most used websites to attend workshops where they were told to tighten censorship. Following the workshops, many of the independent candidate’s websites were removed.

Chinese officials have also arbitrarily removed candidate names from the ballot. Of the almost 7,000 candidates listed on the ballot, none of the thirteen known independent candidates were included.

Land confiscation is considered the hot button issue in these elections and many of the independent candidates have been involved in land rights activism. This background has been a cause of concern for Chinese authorities who have faced criticism in recent months for taking land from peasant farmers without adequately compensating them. As recently as November 7, three brothers in China self-immolated themselves in protest of land grabs drawing increased attention to the issue in China.

 

For more information, please see:

Radio Free Asia – Voters ‘misled’ at Polls – 8 November 2011

Voice of America – Democracy Candidates Barred from Beijing Elections – 8 November 2011

Radio Free Asia – Clampdown on Eve of Poll – 7 November 2011

Radio Free Asia – Three Peasants Self-Immolate – 7 November 2011

USA Today – ‘Chinese-Style Democracy’ Ensures Communists Prevail – 7 November 2011

Los Angeles Times – China’s Independents Find it Hard to Get on Ballot -5 November 2011

 

South Korea Approves Aid to the North

By Greg Donaldson
Impunity Watch Reporter, Asia 

SEOUL, South Korea – The South Korean government has decided to resume aid to North Korea after a year and a half suspension. In a letter to the United Nations, South Korea requested the remaining seven million of the thirteen million dollar donation it made to the World Health Organization in 2009 for aid to North Korea be released to the North for humanitarian aid purposes.

Unification Minister Yu Woo-ik and U.N. Secretary-General Ban Ki-moon after their November 5th meeting. (Photo Courtesy of Yonhap News)

The announcement comes day after South Korea’s Unification Minister met with UN Secretary-General Ban Ki-moon to discuss how to help North Korea. South Korean officials explained the decision “was based upon our belief that purely humanitarian support for the young and vulnerable in North Korea should continue.”

The aid will primarily be used to improve medical services ranging from medical equipment to high-nutrition foods that North Koreans desperately seek.

Originally, South Korea planned to send the full thirteen million dollars of aid to North Korea in 2009 until a South Korean warship was torpedoed by North Korea. The North rejected the accusation but South Korea was unconvinced.

After severe flooding ravaged the North in October, South Korean officials prepared an aid offer to the North of baby food, biscuits, and instant noodles. The North who had earlier requested food, cement, and heavy construction equipment never responded to the aid offer.

South Korea has been frustrated for years by the North’s persistence in developing nuclear weapons. However, the international community has put pressure on South Korea to not punish North Koreans for their government’s actions.

It is estimated that over six million North Koreans need food. After visiting North Korea last month, Valerie Amos the U.N. under-secretary-general for Humanitarian Affairs estimated that one in three North Korean children are malnourished.

Many aid organizations have reported that North Korean children are on average much shorter the South Korean children due to their poor diet. Doctors also report that malnutrition is delaying North Korean children’s cognitive development.

The South Korean government is expected to review other aid options this week while preliminary negotiations begin for a natural gas pipeline from Russia through North and South Korea which would bring billions of dollars a year to both countries

For more information, please see:

New York Times – South Korea Approves Sending Medical Aid to the North – 8 November 2011

The Chosunilbo  – S. Korea Resumes Humanitarian Aid to N. Korea – 8 November 2011

Voice of America — South Korea Releases Humanitarian Aid to North, Ending Freeze — 8 November 2011

Yonhap News – Unification Minister to ‘actively consider’ giving aid to N. Korea through U.N – 6 November 2011

Burmese Migrants Face Dire Situation

by Hibberd Kline
Impunity Watch Reporter, Asia

BANKOK, Thailand — As relief efforts in Thailand attempt to help the millions of people affected by flooding caused by three months of heavy monsoon rains, thousands of devastated migrant workers, mostly from Myanmar, Laos and Cambodia face neglect, exploitation and fear.

Migrant Workers Huddle in a Cramped Apartment Building Surrounded by Dirty Flood Water (Photo Courtesy of International Rescue Committee).

Though the extent of the damage caused by the flood is still not entirely clear, current estimates put the number of people who have lost their lives at 500 and rising with an additional estimated 650,000 who have been forced to leave their jobs by rising flood waters. The International Rescue Committee (IRC) places the total number of people impacted by the floods as high as 9 million.

Food, water and shelter are largely available for the many evacuated Thais. However, many Thais have opted to stay with relatives or have remained in their homes in order to protect their possessions. As a result, many government shelters have not reached capacity.

Thailand’s largely Burmese migrant population has not fared nearly so well. Many have suggested that the pressing needs of migrants, stranded without food, water or electricity simply isn’t a priority for the authorities as they struggle to rescue thousands of Thais. In Kakhon Pathom outside of Bangkok, an estimated 200-400 Burmese are reportedly taking refuge at the only shelter available to Burmese migrants.

According to the Thai Labor Ministry, nearly 1 million of Thailand’s estimated 2-3 million Burmese migrant workers live in flood affected areas. Aid workers have placed the number of migrants still stranded by  flood waters as high as 600,000.

Burmese migrants face a wide range of obstacles when attempting to deal with Thai authorities. According to Jackie Pollock, a spokeswoman for the Mekong Migration Network, one of the largest obstacles often faced by migrants is neglect and discrimination resulting from the authorities’ lack of skilled translators.

Many migrants also face legal problems when they attempt to flee to dryer areas. Flood-affected migrants possess work visas that prohibit them from legally traveling to another province inside Thailand or that become void once the individual leaves the country. Furthermore, a large proportion of Thailand’s migrant workers have been working in the country illegally or claim to have lost their documents in the flood.

As a result, many migrants fleeing to unaffected areas face arrest, imprisonment, deportation and often a ban on future employment inside Thailand. One report claims that as many as 30,000 Burmese seeking to cross the border into Myanmar have been temporarily held in a detention center near the border town of Mae Sot over the past few weeks.

Rather than face the difficulties posed by run-ins with the authorities or the dangers of navigating through swamps and roads submerged under waist-deep, foul-smelling water, hundreds of fearful Burmese migrants have chosen to ride out the flood. Those who remain behind seek refuge in cramped apartment buildings with no electricity, and little or no food, water or medical supplies.

The IRC has expressed concern for the safety of those remaining in flooded areas, citing the potential for the spread of illnesses and other health hazards as a result of contaminated water. The Mekong Migration Network has called for Thailand’s government to alleviate the situation by allowing registered migrant workers to temporarily leave Thailand with an option to return once the situation improves.

In spite of the dangers and difficulties involved, huge numbers of Burmese migrants have fled the flood zone to return home to Myanmar. According to provincial police, on October 29 alone over 10,000 Burmese workers living both legally and illegally in and around Bangkok crossed through the Huay Hin Fon border checkpoint into Myanmar.

Those who decide to return to Myanmar generally face an arduous journey filled with the potential for exploitation at the hands of local mafia and “brokers” who arrange for transportation in exchange for exorbitant fees. Aid workers report that both the Thai and Burmese governments have moved to put a stop to border officials demanding bribes from returning migrants. However, in addition to the costs of reaching the border, many migrants are required to pay fines for visa violations before they make the crossing.

Upon reaching the border, migrants are faced with a processing backlog, which locals claim is due to the fact that the Burmese authorities are only allowing 150 people to cross the border each day.

On the Burmese side of the border, the government has reportedly been providing food, water, transportation and  small sums of money to migrants seeking to escape the flood in Thailand. However, reaching Myanmar does not guarantee that a migrant’s plight will improve. Returning migrants must face the possibility of abduction or exploitation at the hands of human traffickers such as the Karen border guard force, a militia associated with the Burmese military.

Thailand’s large Burmese migrant worker population makes up one of the most impoverished segments of Thai society. Funds sent back to Myanmar by migrant workers in Thailand are essential to the welfare of many Burmese families. Aid groups say that the exodus of Burmese migrant workers is likely to have a significant impact on the economies of both countries.

For additional information, please see:

Irrawaddy — Thailand Floods: The Straw That Broke the Broker’s Back — 02 November 2011

Reuters — Trapped Burmese Face Arrest, Extortion to Flee Thai Floods — 02 November 2011

Voice of America — Migrant Workers Struggling to Escape Thai Floods — 02 November 2011

Bangkok Post– 10,000 Burmese Workers Go Home to Escape Floods — 30 October 2011

International Rescue Committee — Amid Major Flood Disaster in Thailand, Aiding Burmese Refugees and Migrants on the Margins — 27 October 2011

International Rescue Committee — Crisis Watch: Flood Waters Sweep through Thailand — 27 October 2011