By Greg Donaldson
Impunity Watch Reporter, Asia 

NEW DEHLI, India – Chief Minister Omar Abdullah announced on Friday that the Armed Forces Special Powers Act (AFSPA) will be removed in some of the areas of Jammu and Kashmir in the following days.

Abdullah explained that many of the areas in the state have become peaceful enough to permit the change. The law has been despised for years and has been the subject of much protest.

The AFSPA was enacted in 1958 as an emergency measure to protect the country from a small rebellion in the northeast part of the country. Since the AFSPA’s enactment many have called for its repel claiming it results in the military committing major human rights violations.

After a woman died in military custody in 2004, a violent protest broke out demanding the AFSPA be revoked. The Prime Minister set up a judicial committee to review the law but no change was made to it even though the committee recommended the AFSPA be exchanged for a more “humane law.”

The AFSPA grants the military the ability to shoot to kill in law enforcement situations, to arrest without a warrant, and to detain people without time limits.

Security officers cannot be prosecuted without special approval from the central government. Even in cases of alleged rape or murder it is rare for governmental approval to be given to prosecute an officer.

Critics of the law claim that this blanket authority given to the military has resulted in torture and poor treatment to citizens throughout the country. This summer thousands of unidentified bodies were discovered in mass graves in Jammu and Kashmir lending support to critic’s claims.

The Khaleej Times quotes an “official” who explained that as AFSPA is removed from part of the state (Jammu and Kashmir) the practice will be gradually continued to other parts of the country, pending the security situation.

While most of the country is thrilled at the prospect of the AFSPA being phased out, the Army and the Defense Ministry are not. Military officials have already declared that the areas the minister has assigned as “peaceful” could be reclassified as “disturbed” if violence occurs which would led to the revival of the AFSPA in those areas.

The Military claims that terrorist threats still exist in those regions, however, defense ministry officials have declared the decision of Chief Minister Abdullah will be respected and followed.

For more information, please see:

Khaleej Times – Anti-Terror Laws to be Relaxed in J&K: Omar – 22 October 2011

Times of India – Army Still Opposed to Withdrawal of Armed Forces Special Powers Act from J&K – 22 October 2011

New York Times – Kashmir to Lift Reviled Security Law – 21 October 2011

Human Rights Watch – India: Repeal Armed Forces Special Powers Act – 19 October 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

 MANILA, Philippines –The Philippine army is facing allegations that they have been falsely claiming that children taken into custody are rebel “child warriors” of the rebel New People’s Army.

According to Elaine Pearson, deputy Asia director at Human Rights Watch, “[t]he army is concocting stories of rebel child soldiers that are putting children at risk for propaganda purposes.”

Since June 2010, according to Human Rights Watch, there have been at least six cases involving twelve children in which the children were not only taken into custody but also publicly exposed to the media as captured rebel combatants. This public exposure is not only a violation of Philippine law, but is also a violation of international law which prohibits the exposure of captured combatants to the public and the media.

In one case, three young boys were detained by soldiers while doing chores and then publicly declared to be rebel child soldiers. One of the children illustrated his experience by stating, “[t]he soldiers shook me…they were trying to force me to admit we had planted a bomb…they tied my hands together…I was afraid.”

One of the other boys stated that the soldiers pushed him to the ground and told him that they would kill his father if he did not give them the names of other rebels.

In some cases, the children were detained by the army for days or weeks before being surrendered to the Department of Social Welfare and Development as required by Philippine law.

In July, a fourteen year old boy and his younger sister were taken into custody while on vacation in Northern Samar. The children were then publicly declared rebels and the younger child was kept in the army camp for three weeks. While detained, she was forced to do laundry and other chores before being released to the Department of Social Welfare and Development.

The social welfare and development officer found no evidence to support claims that the children were recruited by the rebel and reported that this conclusion can be supported by school records.

Often, children and their families have reported experiencing continued harassment and intimidation by the Philippine army following their release. One mother reported that the continued harassment forced her to relocate her children after members of the army came to her home and asked her to take her children to the military camp to sign “unspecified papers.”

The armed forces public affairs office chief, Col. Arnulfo Burgos, has combated the allegations by stating that falsifying information has never been accepted or tolerated and if “…soldiers are ground to be falsifying documents or fabricating evidences, we will not hesitate to punish them.”

Despite the assurance of Burgos, Elaine Pearson has warned that “[t]he use of child soldiers in the Philippines is a matter of grave concern that the government should be taking seriously.”

The battle between the government and the rebels has been ongoing since the Communist Party of the Philippines began a campaign to seize power in 1969. The conflict has claimed the lives of countless civilians who were caught in the crossfire or fell victim to atrocities.

For more information, please see:

ABS-CBN News – AFP Denies Lying About NPA ‘Child Warriors’ – 12 October 2011

Arab News – Philippine Army Falsely Tags Children as Rebels: HRW – 12 October 2011

Philippine Daily Inquirer – Rights Group Accuses Army of Fabricating Stories on Child Warriors – 12 October 2011

Human Rights Watch – Philippines: Army Falsely Tags Children as Rebels – 11 October 2011

Reuters – Philippine Rebels Must Stop Targeting Civilians – Rights Group – 5 October 2011

By Greg Donaldson
Impunity Watch Reporter, Asia

BEIJING, China – A year after becoming the first Chinese citizen to win the Nobel Peace Prize, Liu Xiaobo still finds himself incarcerated. Prior to being awarded the peace prize, Mr. Liu was arrested and sentenced to eleven years in prison for his work which demanded political and legal reform in China.

One year later human rights groups are again calling for Mr. Liu’s release. Several organizations have reported that Xiaobo has only been allowed to leave prison once and that was to attend his father’s funeral.

In addition to Mr. Liu’s imprisonment, his wife Liu Xia has been placed under house arrest at the couple’s home in Beijing even though she has not been charged with any crime. When Mr. Liu was awarded the peace prize last year reporters attempted to speak with Ms. Liu at her apartment but were denied by government security guards.

Amnesty International reports that Ms. Liu has had very limited contact with people outside of her apartment since February and in an online chat with a friend explained that she felt miserable and her entire family is being held hostage.

Conflicting reports exist about the visitations Mr. Liu has received while being detained. Amnesty International stated that Mr. Liu has been able to meet with his wife twice since January according to unofficial reports. However, other sources explain that Mr. Liu was not given any visitation rights until last month after he was visited by his brothers.

Monthly visits to imprisoned family members are protected by Chinese law.

Human rights groups are appealing for international support to release Mr. Liu. In a telephone interview with the New York Times, Nicholas Bequelin, a researcher for Human Rights Watch explained “The only thing that would force the government to reassess the decision is if there was some strong international pressure on China in this case, but the pressure is not there.”

He continued “There’s no incentive for the government to revisit this decision. We’re talking about a climate where standing defiantly against the West is reaping more political awards than collaborating.”

Others outside of the Liu family have been affected by Mr. Liu’s winning of the peace prize including the country of Norway. Prior to awarding the peace prize, the Chinese embassy in Oslo warned that diplomatic ties between China and Norway would suffer if the Nobel Peace prize was handed to “a criminal.”

Following the awarding of the peace prize China imposed additional import controls on Norwegian salmon. These controls have reportedly led to a sixty-one percent decrease in salmon sales to China and thousands of salmon rotting in Chinese warehouses.

For more information, please see:

New York Times – 3 Human Rights Groups Call for Release of Imprisoned Chinese Nobel Laureate – 7 October 2011

Asia One News — One Year After Nobel, Silence Shrouds China Dissident — 6 October 2011

The Independent – Norway’s Salmon Rot as China Takes Revenge for Dissident’s Nobel Prize – 6 October 2011

Radio Free Asia – Nobel Laureate Granted Family Visits – 4 October 2011

by Hibberd Kline
Impunity Watch Reporter, Asia

LAHORE, Pakistan–On Tuesday, protesters took to the streets for a second day across eastern Pakistan to demand that the government put an end to severe, chronic electricity shortages.

Riots broke out in Karachi, Peshawar, Lahore, Quetta, Faisalabad, Sialkot and Gujranwala leading to the arrest of an estimated 200 people.

In Lahore, hundreds of protestors blocked traffic with burning tires. They also set fire to the Lahore Electricity Supply Company office, a Solid Waste Management truck, a Water and Power Development Authority (WAPDA) car, and several private cars.

Lahore police attempted to disperse the rioters with baton charges and tear gas, but were stopped short by a barrage of stones. Though senior officials eventually convinced the larger crowds to cease the violence, smaller protests continued into the night in other parts of the city.

However, the worst reported violence occurred in Gujranwala, where over two dozen separate protests were held in response to 20 hours of blackouts. Rioters burned down police stations and clashed with police, injuring 30 people including 14 policemen. Gujranwala police responded by arresting 20 people.

Police in nearby Sialkot reportedly took a more cautious approach by maintaining a safe distance from the angry crowds as they attacked WAPDA offices and injured several WAPDA officials.

On Tuesday, residents staged peaceful protests in many other parts of Pakistan including tribal areas, where residents have recently faced up to 16 hour blackouts every day and have often been forced to sleep on the streets at night as a result.

The power crisis has apparently not only reduced the quality of life for many Pakistanis, but has also started to take a toll on Pakistan’s economy. The industrial town of Faisalabad has been one of the hardest hit. Faisalabad’s commercial activity has practically ground to a halt in the face of unscheduled 16-20 hour long power cuts over the past several days.

The power shortages and cycled blackouts known as “load shedding” are widely believed to be due to mismanagement and corruption on the part of WAFDA and government officials.

Former prime minister Nawaz Sharif, who currently heads Pakistan’s main opposition party, lambasted the government for “sleeping and doing nothing for the last 15 months” while Pakistan has “fac[ed] a severe power crisis.”

Pakistani Prime Minister Yousaf Raza Gilani attempted to divert criticism by blaming the United States, whom he said should help Pakistan to solve its energy crisis.

However, according to the U.S. Embassy the U.S. is currently working with Islamabad to construct and rehabilitate six power plants. The Embassy says that the additional electricity supplied by these plants will resolve 20 percent of Pakistan’s current energy shortage.

The US has already provided Pakistan with billions of dollars in military and civilian aid over the past decade, much of which was intended to help boost the country’s energy sector.

Many analysts attribute Pakistan’s electricity woes largely to the government’s failure to charge sufficient prices for electricity. Analysts generally also note that many consumers, including the Pakistani government, often fail to pay their electric bills at all. Accordingly, it has been suggested that a lack of funds compounded with bureaucratic ineptitude and outdated transmission systems have significantly hindered growth in Pakistan’s energy production capacity.

However, most analysts note that the idea of increasing the price of electricity for consumers is a sore political issue among Pakistani voters.

For more information, please see:

The Express Tribune – All-out Mayhem: Continued Outages Fuel Anarchy – 4 October 2011

The Express Tribune – Electricity Blackouts: 200 Rioters Sent to Jail as Power Protests Continue – 4 October 2011

The Miami Herald – Pakistani Police, Protesters Clash over Power Cuts – October 4, 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

BEIJING, China – Two more Tibetan monks, nineteen-year-old Choephel and eighteen-year-old Khaying, protested Chinese rule through self-immolation on Friday in the Tibetan region of the Sichuan province.

Tsering, who is in close contact with the Kirti monastery, reported that “[t]hey folded their hands in supplicatory gestures and shouted protests against Chinese rule.”

Tsering also stated that, after arriving, the police tried to extinguish the flames and beat the monks as they did so.

Both men were taken to the hospital but the condition of the two men is uncertain due to conflicting reports. While some sources have reported that both of the monks received only minor injuries, others have reported that Choephel has died from his injuries.

For over three years the Kirti Monastery has been an active opponent of China’s rule over Tibet. Most notable was their position at the center of the anti-China protests that occurred in 2008.

Since March, the Kirti Monastery has been responsible for all but one of the seven self-immolations that have taken place in China’s Sichuan province. As a result of these protests, the monastery has become increasingly subject to involvement by Chinese security forces.

Poor treatment of monks by authorities, including allegations of physical violence, combined with general tension related to Chinese rule in Tibet has led other monks to declare a willingness to sacrifice themselves.

According to the director of Free Tibet, Stephanie Brigden, “[i]t is now evident there are many courageous young Tibetans who are determined to draw global attention to one of the world’s greatest and longest-standing human rights crises no matter the cost to themselves.”

Interestingly, Chinese state media did not report the self-immolations and an employee of the public security bureau in the city in which the self-immolations occurred stated that “… [n]othing like that happened…” when questioned about the incident.

Both men are former monks from the Kirti monastery. Choephel was expelled following a self-immolation that occurred in March. Khaying voluntarily left the monastery for unknown reasons although it is known that his uncle was among those sentenced to death by Chinese authorities for his participation in the 2008 riots against Chinese rule and the resulting crackdown by Chinese forces.

Sporadic unrest and violence has erupted in response to China’s rule since 1950 when China sent troops into Tibet and assumed control over the region. Many Tibetans feel that they have been mistreated by Chinese authorities and denied the ability to freely exercise their political and religious freedom.

For more information, please see:

BBC – Tibetan Youths Self-Immolate in Protest at China Rule – 7 October 2011

Forbes – Two Tibetans Set Self on Fire in Latest Protest – 7 October 2011

New York Time – Two Tibetan Teenagers Set Themselves on Fire in Southwest China – 7 October 2011

Radio Free Asia – Two Tibetan Youths Self Immolate– 7 October 2011

BBC – Q&A: China and Tibet – 19 June 2008