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

By: Katherine Hewitt
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar – Two religious figures in Myanmar who were arrested in late 2016, received their sentences in court on 27 October 2017.

Dumdaw Nawng Lat, 67, is an assistant pastor with the Kachin Baptist Convention (KBC).  He is a member of the Kachin minority in Myanmar. He received a sentence of 4 years and 3 months in jail.

Langjaw Gam Seng is a KBC youth leader.  He is 35 years old and is also a member of the Kachin ethnic minority.  He will be serving 2 years and 3 months in jail.

Both were convicted under the 1908 Unlawful Associations Act. The court convicted them for aiding a rebel army, the Kachin Independence Army (KIA).   However, sentences under the Act can include convictions for operating an unlicensed motorcycle under the Export/Import Act.  Nawng Lat received an additional charge under the Penal Code, section 500 as a result of sharing information with Voice of America about the military’s airstrikes. It is reported that the defense attorney is preparing for an appeals court case.

In 2016, Nawng Lat and Gam Seng accompanied journalist documenting airstrike damages around a Catholic Church and civilian structures in Muse. The photos were published in December 2016. Kyaw Myo Min Latt of Myanmar Army Battalion 99 summed both to the compound on 24 December 2016, where they were promptly arrested. They stayed at the Kalaya 123 military base for close to 30 days incommunicado.

The military handed over Nawng Lat and Gam Seng to the police on 20 January 2017 after international outcry over the whereabouts and treatment of the two men. According to reports, the two had been interrogated by the military. Signed statements that the two were involved with the KIA were also released to the police.

Fortify Rights and Human Rights Watch produced joint statements on the arrest and court verdict of Nawng Lat and Gam Seng. The two religious figures from the Kachin minority were arrested for simply exposing crimes of the Myanmar military.

The Myanmar military has been involved in several incidents of violence across the country including the recent attacks against the Rohingya Muslims in the North.   This is one more event in which the Myanmar government and military are avoiding accountability for state related crimes and instead defer blame to a small minority.

Human Rights Watch Deputy Director of Asia, Phil Robertson, says, “Myanmar’s government should be prosecuting military personnel who are responsible for serious abuses – not activists who are bringing those abuses to light. Myanmar’s military has for decades violated the rights of the country’s ethnic minorities without ever having to fear being brought before a court.”

For more information, please see:

Radio Free Asia – Kachin Baptist Leaders Sent to Prison on Association, Defamation Charges – 27 October 2017

Fortify Rights – Myanmar: Drop Case Against Kachin Religious Leaders – 27 October 2017

Voice of America – Myanmar Court Convicts Ethnic Kachin Religious Leaders – 27 October 2017

Human Rights Watch – Myanmar: Drop Case Against Kachin Religious Leaders – 27 October 2017

By: Katherine Hewitt
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Next year, Cambodia is set for a presidential election. For the most part the country has a two party system- the Cambodian National Rescue Party (CNRP) and the Cambodian People’s Party (CPP).  There are a handful of other smaller political parties, but they do not hold any seats in Parliament nor do they have popular backings.

The current political party in control is the CPP under the direction of Prime Minister Hun Sen. He is a former member of the Khmer Rouge, the violent Communist group that was in power from the late 1960s to 1979. Hun Sen has served as Prime Minister since 1989.

In 2013, the CPP only narrowly won the election over the CNRP. During the local elections this past June the CPP lost ground. Polls suggest that the CNRP is gaining more support and will likely win the Presidential elections next July.

As a response, Prime Minister Hun Sen is cracking down on the opposition party in Cambodia. A new law was passed that allows the government to abolish any political parties while leaders face criminal charges. This poses a threat to the CNRP as the current government accuses the leaders of plotting a coup. Accordingly, on October 6, 2017 the current government filed a case to dissolve the CNRP.

In September the leader of the CNRP, Ken Sokha, was arrested on the charge of treason. In early October Sen threatened further arrests on the same charge. A government official leaked to the deputy President of the CNRP that she was also targeted for arrest. She has since fled the country. Many other CNRP parliament members have done so as well.

Prime Minister Hun Sen states that he is trying to protect Cambodia from outside influences and preserve peace and stability in the country.   In particular he believes that the U.S. is interfering in the internal affairs of Cambodia via backing the CNRP coup.

The group denied the allegations calling them politically motivated and an attempt to end democracy in Cambodia.  Deputy President of the CNRP, Mu Sochua, is calling for international sanctions on Sen and his ‘cronies.’  She believes that other nations should take a stand on democracy and human rights to demonstrate to Sen that his behavior is not acceptable and must change.

She says, “The time for statements has passed. It’s time for sanctions, targeted sanctions. Also suspension of technical aid to the government of Cambodia.  Time is up for democracy.”

There are 8 months until the elections in Cambodia.  Socha hopes the sanctions will push Sen to ensure free and fair elections or risk not being a recognized government.

For more information, please see:

AlJazeera – Cambodia moves to dissolve opposition party CNRP – 6 October 2017

BBC – Cambodia opposition politician Mu Sochua ‘feared arrest’ – 6 October 2017

Reuters – Exclusive: Cambodian opposition leader calls for sanctions on leadership – 4 October 2017