By: Jessica Ties
Impunity Watch, Asia

BEIJING, China – The Chinese government has shut down 24 schools that had served the children of migrant workers in Beijing and has resulted in 40, 000 students being forced to scramble for new placements just two weeks before the new semester was scheduled to begin.

The 24 schools affected were located  in the Daxing, Chaoyang and Haidian districts of Beijing which have long been home to migrant workers.

While the district government closure orders stated that the school closures were due to”…illegal construction, illegal operation, and safety concerns”, many are skeptical of the government’s motives.

Some of the skeptics suggest that school closures were caused by property developers who are anxious to continue expanding Beijing, while others believe that the school closures are a ploy to force migrant workers to leave the city. Fueling the latter suspicion is the memory of plans made last year by eastern Beijing’s Chaoyang district, in which 3,900 students were affected by the school closures, to ask approximately one million migrant workers to leave the city to alleviate strain on “social security and pollution.”

Under China’s residence permit system, the hokou system, the government designates each citizen based on their place of residence and determines which social services individuals are eligible to receive. Under the hokou system migrant workers living in Beijing, which numbered approximately five million, generally remained registered in their hometown making their children ineligible to register in Beijing schools. As a result, the children of migrant workers are only permitted to attend private schools that are often unapproved and unregistered.

In the Haidian district of Beijing, New Hope School was demolished on August 10 but official announcements were not made until eight days following the demolition. New Hope School had approximately 1,000 students ranging from kindergarten to ninth grade, all of which were forced to find placement elsewhere.

Following the  school closure’s, officials assured students and their parents that they would find placements for the children who were displaced. Some individuals; however, do not believe that the government will maintain it’s promise.

Geoffrey Crothall, the director of communications for China Labour Bulletin expressed his skepticism of the government’s promise by stating that, “…they set the threshold for school placement qualifications so high that the vast majority of migrant families cannot meet the requirements.” This concern is exemplified by the fact that only 70 students out of the 1,000 who were displaced from New Hope School have been able to gather the required documentation to have their children placed in the Beijing school system.

The requirements are so difficult to meet that of the approximately 1,000 students displaced from the New Hope School, only 70 have been able to gather the required documents to have their children placed in the school system.

For more information, please see:

The Wall Street Journal  –  Will School Closures Prompt Migrants to flee? – 19 August 2011

MSNBC – In Beijing, 40,000 Students Stranded – 18 August 2011

Radio Free Asia – Anger Over Migrant School Closures– 18 August 2011

Reuters – Closure of Migrant Children Schools in China Sparks Anguish – 18 August 2011

BBC – Migrant Schools Closed in Chinese Capital -17 August 2011

By Greg Donaldson
Impunity Watch, Asia

NEW DEHLI, India – In continuance of the battle between the Indian government and Anna Hazare, the seventy-four year old man was taken into custody by police Tuesday, just hours before the beginning of Hazare’s next hunger strike over the recently proposed anti-corruption bill.

Although Harzare’s public hunger strike was thwarted, Hazare began fasting in prison. Hazare’s has been relentless in protesting the bill, while some have defended the government’s actions calling Hazare’s protests dangerous and undemocratic.

Officers in plain clothes picked up Anna Hazare from a house in Delhi and drove him away in an unmarked car, fellow activist Akhil Gogoi told the AFP news agency. Police explained that Hazare was arrested because he intended to defy prohibitory orders.

Police had given Hazare regulations that had to be followed if a fast was to take place. Included in the list were: the fast should be limited to three days, no more than four to five hundred people were allowed to gather, and parking must exist for an unspecified number of vehicles.

Following Hazare’s arrest, many supporters rushed onto the streets to protest. India’s Home Minister P. Chidambaram responded telling reporters, “This government is not against democratic and peaceful protest. But that right must be exercised subject to conditions laid down by authorities charged with the duty of keeping law and order and public peace.”

Tuesday evening government officials ordered Hazare to be released from prison. However, Hazare refused because his discharge would be contingent upon him agreeing to abide by government regulations during future protests.

Feeling pressure from the world and a peaceful march, which included over ten thousand people, the government was willing to strike a deal with Hazare.

Hazare’s arrest and the march dominated the local television news networks capturing how citizens feel about the current leadership of the country spurring the government to act.

Wednesday evening one of Mr. Hazare’s aides, Kiran Bedi, announced via Twitter that Mr. Hazare had accepted a police offer to limit any hunger strike and mass demonstration in New Delhi to 15 days.

The protest would be staged at the city’s Ramlila grounds, and the Indian news media reported that the authorities had relented on Mr. Hazare’s demand that no limits be placed on the number of people allowed to attend.

Because of the expected crowd size the protest was delayed until Friday so adequate preparations could be made. However, participants began arriving on Thursday. Many have purchased apparel which reads “I Am Anna.”

City workers began to repair the Ramlila grounds, which had been damaged by the recent rain storms. Metal detectors were placed at entry points, sound systems were prepared, mattresses were laid out to sit on, and a huge tent was built.

Over fifty thousand people attended the event on Sunday. Protesters chanted “Anna, you keep fighting, we are with you.” Hazare has not eaten since his arrest Tuesday and only drinks water in protest. A medical team is on site to monitor Hazare’s health.

Hazare is demanding that his anti-corruption bill be introduced to parliament on Tuesday and be passed by the end of the month. Hazare says if the bill is not passed by the end of the month then there will be an “unprecedented revolution” in the country by the people. “The government will have to either get the Bill passed (in Parliament) or go,” Hazare said on Sunday.

However, Hazare’s boldness has come under criticism. Critics point out that Hazare is attempting to dictate policy to an elected parliament.

One of the major points of contention surrounding the bill is whether or not the prime minister can be investigated for corruption.

Hazare demands that the prime minister fall under the umbrella of the bill, while the government says if the prime minister were to be investigated, the government would be shaken.

Hazare’s counter-argument is if the prime minister is corrupt and no investigation is done, then the danger to the country would be far greater.

Aruna Roy, leader of the National Campaign for People’s Right to Information (NCPRI) and one of India’s most famous social activists, described Hazare’s recent actions as “ill-advised.”

She explained “We must assert our rights. But to get rid of these institutions would be a great disaster for all the people in this country. We must make these democratic institutions work for us and they must work for us.” Roy continued, “anyone who says my view should be the only view is wrong.”

Since Roy’s remarks Hazare and his supporters have appeared to reduce their demands from absolute passage of the bill to negotiations. Arvind Kejriwal, a man close to Hazare, told supporters, “we are in favor of discussion, we want to ask the prime minister whom should we come to talk to, and when and where.”

The government has begun to show signs of compromise as Prime Minister Singh said he was open to dialogue about the bill. Furthermore, a majority party lawmaker has sent Hazare’s bill to a parliamentary committee for consideration.

Hazare plans to continue his protest throughout this week.

For more information, please see:

DNA — Congress paralysed in face of Hazare-tsunami – 21 August 2011

Reuters — Under pressure, Anna Hazare may tone down demands – 21 August 2011

The Times of India — ‘Anna shouldn’t undermine democratic institutions’— 21 August 2011

The Times of India — Give us our Lokpal Bill or quit: Anna warns government – 21 August 2011

New York Times — Indian Anticorruption Leader to Leave Jail – 18 August 2011

The Times of India — Won’t back down till Lokpal Bill is passed, says Anna Hazare – 18 August 2011

The Times of India — Anna Hazare escalates war with govt, refuses to leave Tihar Jail – 17 August 2011

BBC – India anti-corruption activist Anna Hazare detained – 16 August 2011

By: Jessica Ties
Impunity Watch, Asia

HANOI, Vietnam – Four  Vietnamese land rights activists who were convicted of “attempting to overthrow the people’s administration” this past May have been ordered to remain in prison after a court refused to grant their appeals and upheld the sentences ranging from five to eight years.

The court decided not to reduce the eight year sentence of Tran Thu Thuy or the seven year sentence of Pham Van Thong but agreed to reduce the six year sentence of Pastor Duong Kim Khai by one year and the five year sentence of Cao Van Tinh by six months. Three other land rights activists were also imprisoned in May and each received two year sentences which they chose not to appeal.

Prior to their arrests, the activists had dedicated years to helping Vietnamese citizens fight against government confiscations of their land.

The activists were arrested in May after authorities alleged that the four individuals had anti-government documents in their possession that reportedly advocated for a multiple party system. Six of the seven activists arrested in May were also accused of being members of Viet Tan, an opposition group that is based in the United States and has been banned in Vietnam.

While the accusation of Viet Tan involvement was made against all seven activists, the organization confirmed that only three of the individuals arrested were members of Viet Tan and that an unspecified number of the defendants attended Viet Tan courses on non-violent struggle. Despite being considered a terrorist organization by the Vietnamese government, the United States has found no proof of terrorist activity being committed by Viet Tan.

During the May trial, one of the defense lawyers was removed from the courtroom and later disbarred on a recommendation made by court officials for “disrespecting the law” when he attempted to argue against the accusations made against the activists.

Viet Tan reports that the jailed activists have not only been denied visits from family members but were also denied access to their lawyer until one day before the appeal trial was to take place.

Following completion of their jail terms, three of the activists will also have to serve five years of house arrest and one of the activists will be required to serve four years.

The plight of the land rights activists comes on the heels of several other cases involving dissidents who have been jailed by the Vietnamese government for expressing pro-democracy views.  The wave of convictions against peaceful activists prompted Phil Robinson of Human Rights Watch to state that “…Vietnam’s leaders seem to think they can sign international human rights treaties with invisible ink.”

For more information, please see:

Businessweek – 4 Vietnam Land Rights Activists Appeal Sentences – 18 August 2011

Radio Free Asia – Court Upholds Activist Sentences – 18 August 2011

Voice of America – Appeal Opens for Vietnamese Pastor, Land Rights Activists– 18 August 2011

Human Rights Watch –Vietnam: Free Peaceful Land Rights Activists – 17 August 2011

By Greg Donaldson
Impunity Watch, Asia

NEW DEHLI, India – After many fierce political debates over government corruption, India officials introduced a bill to parliament on Thursday that would create an independent anti-corruption agency. However, many have described the bill as “toothless.” Anti-corruption activist Anna Hazare, who has led the most recent hunger strikes, called the bill a “cruel joke.”

The bill would create a powerful ombudsman with the authority to investigate accusations against government officials. The bill excludes the prime minister, members of parliament, and other officials from the jurisdiction of the ombudsman. Many critics of the bill have asked why the President of the United States and other high ranking officials throughout the world can be freely investigated, but the same cannot be said of Indian officials.

Anti-corruption activists have further complaints about the bill. In section fifty-six of the bill, legal assistance paid for by the government will be given to every government official tried before the ombudsman at the request of the accused. If the claims of the accuser are found to be false, then the accuser can be subject to a two to five year prison sentence and a fine of Rs 25,000 but which may extend to Rs 2 lakh.

Activist Arvind Kejriwal told the Times of India the bill was tilted in favor of the corrupt and against the whistleblowers. “The bill is heavily tilted against the whistleblower. There are various stages in the Lokpal’s (Ombudsman) process of inquiry where the accused is allowed to see documents or access records and get assistance that will work against the whistleblower. The accused can also go directly to court and file a complaint that allegations are false,” he said.

The bill also provides if the allegations are found to be false the accuser will have to compensate the accused official and pay for any legal expenses incurred by the official as a result of the accuser’s allegations.

Thousands have rallied to fight the weakness of the proposed bill. The Times of India launched an “Act Against Corruption” campaign a few weeks ago and it is estimated over 100,000 people have joined the campaign.

While India does have a dark history of government corruption, analysts worry that an all-powerful ombudsman, who is not accountable to anyone, could lead to legal chaos.

Anna Hazare has already announced he will begin a new hunger strike on August 16^th hoping for a stronger bill that gives the ombudsman jurisdiction over the prime minister and other high ranking officials.

For more information, please see:

DNA — Lokpal Bill must echo people’s views: Justice Santosh Hegde – 6 August 2011

The Times of India — ‘Lokpal Bill tilted in favour of the corrupt — 5 August 2011

The Times of India — Over 1 lakh join Times Online campaign for strong Lokpal – 5 August 2010

BBC – Indian anti-corruption bill tabled in parliament – 4 August 2011

New York Times — Skepticism Over India’s Anticorruption Bill – 4 August 2011

By: Jessica Ties
Impunity Watch, Asia

BISHKEK, Kyrgyzstan – Osmonjon Khalmurzaev, an ethnic Uzbek, died two days after his release from police custody during which time he was allegedly tortured in an attempt to extort money in exchange for his release.

According to the victim’s wife, Zulhomor, Khalmurzaev was taken from his home by three police officers dressed as civilians. The police officer’s did not show an arrest warrant and failed to tell his wife where Khalmurzaev would be taken.

After being returned home, Khalmurzaev told his wife that after arriving at the police station the police officers put a gas mask on him and beat him until he lost consciousness.

After regaining consciousness, he was told by the police that he would be framed as a participant in a violent ethnic clash that occurred last June unless he paid them 6,000 dollars. After the police agreed to accept only 680 dollars and the money was paid he was released to his wife and told that they would harm his family if he informed anybody of what had happened. Two days after his release he was taken to a hospital where he died.

A preliminary conclusion by a forensic expert stated that Khalmurzaev died as a result of a broken sternum that had caused one of his organs to rupture. Despite this finding, none of the policemen who had detained Khalmurzaev have been questioned or suspended from their work although local authorities have opened an investigation.

The attack at the Sanpa factory was part of an ethnic clash that took place last June. As a result of the clash more that 400 people were killed and many Uzbek neighborhoods were ruined. The Uzbek’s have been forbidden to rebuild their communities and have also become the victims of detention, torture and extortion at the hands of police who rarely face prosecution.

Human Rights Watch has recently documented six other cases in which police attempt to extort money from victims by threatening to frame the victim for a crime.

For more information, please see:

Eurasia Net – Kyrgyzstan Police Beat Another Uzbek to Death – 12 August 2011

The Telegraph – Human Rights Group Accuses Kyrgyz Police of Abuses Against Ethnic Uzbeks – 12 August 2011

Human rights watch – Kyrgyzstan: A Death Follows Police Torture – 11 August 2011