By: Brian Kim
Impunity Watch Reporter, Asia 

NAYPYIDAW, Myanmar – The Trump administration on November 22 announced that Myanmar’s Rohingya minority crisis constituted “ethnic cleansing.” Secretary of State Rex Tillerson visited Myanmar last week and stated that he witnessed “horrendous atrocities” by the military. He went to say that “after careful and thorough analysis of the facts, it is clear that the situation in northern Rakhine State constitutes ethnic cleansing against the Rohingya.” Although Secretary Tillerson did not call for an international investigation, he asked for a “credible, independent investigation.”

This announcement allows for long-anticipated sanctions against Myanmar and further pressures its civilian leader, Aung San Suu Kyi. The United States government is planning to issue “targeted sanctions,” but is ruling out additional sanctions against Myanmar’s government as it goes through a delicate transition to democracy.

The legislation in Congress requires the United States to eliminate all ties to the Myanmar’s military. Numerous lawmakers on capitol hill commended Secretary Tillerson’s announcement. In addition, the announcement was also praised at the United Nations.

Although the situation is not completely under her authority, Aung San Suu Kyi is facing harsh criticism over its response to the Rohingya crisis.

Since the crisis began, over 600,000 Rohingya Muslims have fled Rakhine state to Bangladesh. According to the United States delegation to Myanmar and Bangladesh, there were numerous reports of rape and murder of family members of the Rohingya Muslims. Furthermore, many news sources have heard of massacres, killings, and rape.

The announcement from the United States government comes shortly before the Pope’s arrival to Bangladesh and Myanmar. Pope Francis is scheduled to arrive in Myanmar on November 26th and visit with General Min Aung Hlaing, Myanmar’s military chief, and Aung San Suu Kyi.

For more information, please see:

BBC – Rohingya crisis: US calls Myanmar action ‘ethnic cleansing’ – 22 November, 2017

NYT – Myanmar’s Crackdown on Rohingya Is Ethnic Cleansing, Tillerson Says – 22 November, 2017

Reuters – U.S. calls Myanmar moves against Rohingya ‘ethnic cleansing’ – 22 November, 2017

By: Katherine Hewitt
Impunity Watch Reporter, Asia

KABUL, Afghanistan – On 3 November 2017 Fatou Bensouda, a prosecutor for the International Criminal Court (ICC), put forth a request to start an investigation into war crimes and crimes against humanity committed in Afghanistan. Her investigation will focus on crimes committed since 1 May 2003 in Afghanistan as well as others linked to the armed conflict since 1 July 2002.

She completed a preliminary examination of the events in Afghanistan and believes that all requirements, stated in the Rome Statute, to develop a case are present. The analysis began more than ten years ago.

In order for a case to develop in the ICC, a prosecutor must bring forth a case with evidence to a Pre-Trail Chamber. After listening to the case and reviewing the evidence provided from the preliminary investigation, the ICC can approve or deny the request for a formal judicial investigation.

Bensouda identified three categories of actors that would be involved in ICC investigations. She believes abuses were committed by the Taliban, U.S. Soldiers/Central Intelligence Agency officials, and Afghanistan government officials. The Rome Statue, which governs the actions of the ICC, states that anyone can be prosecuted for crimes that happened within a country that signed the Rome Statue. Therefore, despite the U.S. not being a signatory of the ICC, U.S. officials could still be tried in court.

Human Rights supporters applaud this movement. Many crimes have gone unnoticed and unpunished in Afghanistan over the past 10 plus years. They hope that this investigation will shed light on what has been happening as well as bring justice to the victims.

 For more information, please see:

Human Rights Watch – Inching Closer to Justice in Afghanistan – 3 November 2017

International Criminal Court – Statement of ICC Prosecutor, Fatou Bensouda, regarding her decision to request judicial authorisation to commence an investigation into the Situation in the Islamic Republic of Afghanistan – 3 November 2017

The Washington Post – ICC seeks investigation into war crimes in Afghanistan since 2003 – 3 November 2017

International Criminal Court – Report on Preliminary Examination Activities 2016 – 14 November 2016

By: Katherine Hewitt
Impunity Watch Reporter, Asia

BINJAI, Indonesia – The adoption rules and religious differences in Indonesia mix together to prevent providing children better lives. Indonesia is a predominantly Muslim nation with Hindu, Christian, and Buddhist religious minorities among other traditional religions.

There are several religious laws that prohibit freedom of practice of religion in Indonesia. The “Religious Harmony, Empowering Religious Harmony Forums, and Constructing Houses of Worship” decree is one such law. Religious forums must be created in each province favoring the religious majority in the area.  It restricts constructions of houses of worship, requires a list of at least 90 attendees, letters of support from 60 people, and recommendations from the local religious forum. There is also the Blasphemy law, which sentences people to jail for 5 years for deviations from one of the 6 officially protected religions.

Religious laws even infiltrate into adoptions. A 2014 law states that, “Adoptive parents should have the same religion as the child.”

This came into contention when a Christian woman tried to adopt an orphaned baby. Indonesian law states that “In cases in which the origin of the child is unknown, then the child’s religion is conformed to the religion of the majority of the local population.” The child was to be assimilated into the Muslim faith not the Christian faith, thus the woman could not adopt the child.

Ida Maharani Hutagaol, a policewomen in Binjai found the child almost dead in a cardboard box . She was part of the team that brought the child to the hospital. Since then she had become attached to the child, visiting him frequently.

She had filed the paperwork, met the requirements for income, health, and family background. The child was even to be listed as her sole inheritor. However, the Social Service rejected her.

This law, while discriminating against religious beliefs, also hinders child development of orphans in Indonesia. It makes it difficult for qualifying homes and families to adopt abandoned children because they are assimilated into the Muslim faith. The child is still reported to be in the orphanage.

The Social Services report that if the policewoman is still interested in adopting a child it is easy to do so if she visits an orphanage of her faith.

 For more information, please see:

Human Rights Watch – Indonesia’s Religious Minorities Denied Adoption Rights – 23 October 2017

Coconuts – Viral photo of policewoman, unable to adopt abandoned baby because she’s not from ‘majority religion’, pulls heartstrings in Indonesia – 10 October 2017

The Jakarta Post – Adoption rule strips kids of right to family life – 12 October 2017

By: Brian Kim
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – The Supreme Court of Cambodia, on Thursday, November 16^th, dissolved the main opposition party. The ruling banned the Cambodia National Rescue Party (CNRP), a 118-member party, from politics for five years. With elections coming up next year, Cambodia’s highest court eliminated the most viable challenger to the current administration.

Prime Minister Hun Sen’s government has alleged that the CNRP has colluded with foreign countries to overthrow the current administration. Mr. Hun Sen has ruled Cambodia for 32 years.

The chief judge of the Supreme Court, who is a high-ranking member of the governing party, stated that the opposition party has committed a serious crime and that “the party will be dissolved according to Article 38 of the Law on Political Parties.” The chief judge is also known to be close to Prime Minister Hun Sen. The opposition party is unable to appeal the decision.

In early September, Kem Sokha, leader of the CNRP, was jailed on charges that he conspired with the United States government to overthrow Mr. Hun Sen’s government. He could spend 15-30 years in prison. Moreover, Sam Rainsy, former CNRP leader, fled to France in 2016 after being charged with defamation. Since then, forty-four of the opposition party members have fled Cambodia.

Furthermore, in August, organizations such as, the National Democratic Institute and Radio Free Asia were shut down.  Both were run by organizations in the United States.

This recent action by the Supreme Court of Cambodia is seen by many as an end to Cambodia’s democracy.

For more information, please see:

Aljazeera – Cambodia Supreme Court dissolves opposition CNRP party – 16 November, 2017

NYT – Cambodia’s Top Court Dissolves Main Opposition Party – 16 November, 2017

BBC – Cambodia top court dissolves main opposition CNRP party – 16 November, 2017

The Guardian – ‘Death of democracy’ in Cambodia as court dissolves opposition – 16 November, 2017