Asia

UN Accuses Japan of Violating Activists’ Human Rights

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

NEW YORK, United States – According to the United Nations Human Rights Council (UNHRC), the Japanese government has violated a series of human rights by detaining Greenpeace activists who uncovered corruption in the Japanese’s government’s whaling program.

While investing corruption allegations regarding Japan’s whaling program, two Japanese men, Junichi Sato and Toru Suzuki, learned that although the program is referred to as a “scientific research,” boxes of whale meat were being shipped to whaling crews’ homes and then sold for personal profit.

Sato and Suzuki reported the embezzlement to the Japanese authorities.  Soon afterwards, the two men were arrested for theft and trespassing and were detained for a month.  Their trial is set to begin next Monday, and both men face up to ten years in prison.

The UN claims that the detention violates international covenants on human rights.  The UNHRC concluded that “[t]he rights of these two environmental activists not to be arbitrarily deprived of their liberty…freedom of…expression…as well as their right to engage in peaceful activities without intimidation and harassment has not been respected by the [Japanese] [j]ustice system.”

Specifically, UNHRC stated that Articles 18, 19 and 20 of the Universal Declaration of Human Rights (UDHR) and Articles 18 and 19 of the International Covenant on Civil and Political (ICCP) rights have been violated.  Japan is a party to both the UDHR and the ICCP.

Sato and Suzuki were detained without charge for 23 days, denied access to a lawyer, and interrogated for up to 12 hours a day while being tied to a chair.

Head of Greenpeace, Kumi Naidoo, said that the Japanese prime minister should order a re-examination of the allegations made against Suzuki and Sato.

Sato said, “We were investigating the corruption in the whaling industry that is funded by taxpayer’s money.  So we wanted to show the real face of the whaling industry, how corrupt this industry is, to the Japanese public.”

The stakes are high for both Sato and Suzuki being that Japan has a 99.8% conviction rates for criminal cases.  However, their lawyer said that they do have a strong argument since research activities done by NGO members based on whistleblower evidence are given the same degree of freedom and rights as activities done by investigative journalists.

For more information, please see:

ABC News – Anti-whaling activists to front court – 8 February 2010

Common Dreams – United Nations: Japanese Authorities Breached Human Rights of Greenpeace Anti-Whaling Activists – 9 February 2010

The Huffington Post – UN: Japanese Authorities Breached Human Rights of Greenpeace Anti-Whaling Activists – 8 February 2010

TreeHugger – UN Says Japan Violated Anti-Whaling Activist’s Human Rights – 10 February 2010

Sri Lankan Protests Spill into the Streets

By Michael E. Sanchez
Impunity Watch Reporter, Asia

Colombo,Sri Lanka- Government supporters and thousands of activists have clashed in the Sri Lanken capital of Colombo.

Officials said at least eight people were hurt in the violence near the Supreme Court.  Police fired tear gas to disperse the crowds.  The opposition is angry at the arrest of losing presidential candidate, General Sarath Fonseka, on Monday night.  Tensions mounted over his arrest with violent clashed erupting in the capital as his wife approached the country’s highest court for his release, citing that she feared for his safety.

Opposition parties also closed ranks behind the jailed defeated presidential candidate, demanding his release and saying that the authorities were framing him.  As protests against the arrest spilled onto the streets, riot police used tear gas, water cannons and canes to break up thousands of clashing pro-Fonseka supporters and ruling party activists as the government said claimed that the arrest of the country’s former four star general was “not an act of vengeance”

The opposition rally near the Supreme Court is the second demonstration to be held in the capital in the space of a week.  A witness said that about 50 supporters of President Rajapaksa had confronted opposition supporters and attacked them with stones and bottles.

Charles Haviland of the BBC in Colombo says opposition activists retreated and then returned attacking in their turn, whereupon the police used gas to drive people away.

Supporter of Fonseka said “government thugs” had attacked a peaceful protest.  One women stated “they stoned us and attacked with clubs even threw glass bottles at us in front of the police.”

General Fonseka’s wife, Anoma, was previously allowed to visit him in detention at navy headquarters.  Mrs. Fonseka has filed a petition claiming his arrest is illegal.  The claim will be heard on Friday.

The opposition parties have said they fear the General may be killed in detention.  A government spokesman has said there is tangible evidence to back up the allegations against the general, which include the accusation that he worked with politicians against the government while still in the forces.  The general denies these allegations.

Mr. Rajapaksa defeated General Fonseka in the presidential elections last month, but the Fonseka rejected the outcome.  Both claimed credit for the defeat of the Tamil Tigers last year but fell out soon after fighting ended.

For more information, please see:

BBC News- Sri Lanka Clashes Erupt Over Former Army Chief’s Arrest – 10 February 2010

Time.Com- Sri Lankan Protesters Take to the Streets – 10 February 2010

Press Trust of India- Violent Clashes Erupt in Colombo Over Fonseka Arrest – 10 February 2010

Sri Lankan Government Arrests Prominent General

Alok Bhatt
Impunity Watch Reporter,  Asia

COLOMBO, Sri Lanka – The Sri Lankan government recently designed and carried out the arrest of General Sarath Fonseka.  The General was once heralded by the Sri Lankan government as one of the most valuable military players in the civil war against Tamil Tigers opposition group.  General Fonseka served the government as a leader in Sri Lanka’s struggle against the rebel organization; a war that had been plaguing Sri Lanka for over a quarter-century.   However, due to significant political friction between General Fonseka and President Mahinda Rajapaksa, the two fell out with one another and Fonseka lost his revered status among government officials.

Fonseka has been charged with war crimes and conspiring to execute a coup against the current Sri Lankan government.  It has also been alleged that Fonseka maintains and exploits connections with anti-government groups to further promote and realize his apparent designs to overthrow the government.  General Fonseka, however, denies the allegations.

The arrest of General Fonseka has incited protesting and some violence on Sri Lanka streets, as anti-government protestors, angry civilians, and government forces clash with one another.  Political leaders question the motives behind the extra-judicial arrest, and remain apprehensive about the foreseeable maltreatment of General Fonseka.  The leaders of anti-government groups have released statements relating their concern for the life of the General, fearing the possibility of his execution while in custody.

The details of Fonseka’s actual arrest suggest a denial of fundamental legal rights and perpetuate the bad faith in the Sri Lankan government’s dealings.  General Fonseka, having lost the post-war elections to President Rajapaksa, accused the government of fixing the election.  Government forces subsequently stormed the military leader’s campaign office and “dragged” him away, charging the general with various war crimes.

The civil war in Sri Lanka between government forces and the Tamil Tigers left over 7,000 civilians dead and raised myriad other human rights issues.  The government’s treatment of Tamil nationals during the period following the war’s end and up until now remains questionable and has provoked much international pressure.    President Rajapaksa has undertaken the practice of identifying and arresting military personnel whom he believes threaten national security in post-war Sri Lanka.

Held captive by the government, General Fonseka eats only when his wife brings him food during visits.  His fate, in the hands of an unscrupulous Sri Lankan government, remains unclear.

For more information, please see:

Al-Jazeera – Protesters clash in S Lanka Capital – 10 February 2010

BBC – Sri Lankan Gen Sarath Fonseka’s arrest to be challenged – 10 February 2010

Time – Sri Lankan Opposition Leader Arrested – 10 February 2010

The Sri Lankan government recently designed and carried out the arrest of General Sarath Fonseka.  The General was once heralded by the Sri Lankan government as one of the most valuable military players in the civil war against Tamil Tigers opposition group.  General Fonseka served the government as a leader in Sri Lanka’s struggle against the rebel organization; a war that had been plaguing Sri Lanka for over a quarter-century.   However, due to significant political friction between General Fonseka and President Mahinda Rajapaksa, the two fell out with one another and Fonseka lost his revered status among government officials.
Fonseka has been charged with war crimes and conspiring to execute a coup against the current Sri Lankan government.  It has also been alleged that Fonseka maintains and exploits connections with anti-government groups to further promote and realize his apparent designs to overthrow the government.  General Fonseka, however, denies the allegations.
The arrest of General Fonseka has incited protesting and some violence on Sri Lanka streets, as anti-government protestors, angry civilians, and government forces clash with one another.  Political leaders question the motives behind the extra-judicial arrest, and remain apprehensive about the foreseeable maltreatment of General Fonseka.  The leaders of anti-government groups have released statements relating their concern for the life of the General, fearing the possibility of his execution while in custody.
The details of Fonseka’s actual arrest suggest a denial of fundamental legal rights and perpetuate the bad faith in the Sri Lankan government’s dealings.  General Fonseka, having lost the post-war elections to President Rajapaksa, accused the government of fixing the election.  Government forces subsequently stormed the military leader’s campaign office and “dragged” him away, charging the general with various war crimes.
The civil war in Sri Lanka between government forces and the Tamil Tigers left over 7,000 civilians dead and raised myriad other human rights issues.  The government’s treatment of Tamil nationals during the period following the war’s end and up until now remains questionable and has provoked much international pressure.    President Rajapaksa has undertaken the practice of identifying and arresting military personnel whom he believes threaten national security in post-war Sri Lanka.
Held captive by the government, General Fonseka eats only when his wife brings him food during visits.  His fate, in the hands of an unscrupulous Sri Lankan government, remains unclear.

Chained Child Shows Fear of Child Trafficking in China

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – A father, afraid his son would be taken from the same spot where his four-year old  daughter was abducted just two weeks ago, chained the toddler to prevent anyone from snatching the young boy. Chen Chuanliu is unable to afford child care, and secured his son to a lamp post outside Huaguan shopping mall in Beijing so he could go to work as a pedicab driver.
A 2 year old Chinese boy is chained to a post on roadside

Pedicab driver Chen Chuanliu chains his 2-year-old son to a lamppost outside Beijing mall to avoid being abducted. Image courtesy of: The Guardian.

Chen’s daughter is like the tens of thousands of children that go missing each year in China. Many are the offspring of impoverished migrant workers like Chen, whose children are kidnapped and then sold. It is reported that Chinese officials have announced that the problem is on the rise. In fact, the problem has grown so acute that authorities have launched a campaign to crack down on child trafficking. The country is struggling to cope with a wave of child abductions, and allegedly has more than 200 babies and toddlers stolen every day, according to some estimates. It is considered a lucrative business in which an abducted girl child can fetch $1,200 and a boy anything up to $5,000, far more than the average annual salary in urban China.

Last year a national DNA database was created to reunite families. A website featured the photographs and details of rescued children in hopes that their parents could identify and prove they were related. Officials say they have saved around 2,000 children and returned at least some to their parents.

Despite a newly launched effort to reunite abducted children, Chen’s daughter still remains missing. According to him, “The police didn’t tell me anything – I don’t know whether they have opened a case or not. They just told me to look around the area myself.” Officers have apparently begun to look for the girl by reviewing footage from surveillance cameras, however, Chen’s daughter has been missing for over two weeks.

Chen’s story is not all that unique. His wife, Yang Caihong, has learning disabilities and is unable to care for the children, and the couple has no relatives in the city. Although the family has lived in Beijing for several years, China’s household registration system means they are still regarded as migrants, which means that they are not entitled to free nursery care like official residents.

Since the effort has begun to clamp down on child trafficking in China, officials have begun to launch multi-month investigations. In late December, following a nine-month investigation, police arrested eleven people suspected of abducting and trafficking dozens of babies within the last two years. In making the arrests, police were able to rescue 28 boys before being sold.

Chen is not confident that even with China’s new initiative to stop child abductions his son would not go missing. While the world remains shocked by the site of a padlocked toddler to a lamp post, one father believes it is for the child’s own protection.

For more information, please see:

London: Daily Mail – Childcare, Chinese style: Rickshaw driver chains two-year-old son to a post while he’s at work – February 4, 2010

Yahoo! News – Chinese dad leaves toddler in chains – February 4, 2010 

New York Daily News – Boy in China Tied to Lamppost While Father Works – February 5, 2010

China Digital Times – China Arrests 11 Suspected Child Traffickers: Media – December 2009

China Responding With Rules to Combat Forced Eviction

By M.E. Dodge
Impunity Watch Reporter, Asia

BEIJING, China – Chinese authorities are reacting and trying to calm angered people threatened to be evicted from their homes. For decades now, China has engaged in heavy urban development, causing millions of citizens to relocate. Many are left homeless, sometimes with inadequate or no compensation as crews move in to decimate certain areas. In turn, some regions have implemented rules that are designed to curb abuses by developers and demolition crews which have been the cause of poverty, unrest and deaths.

The draft rules were issued by the state council, China’s cabinet, on January 29. The regulations aim to ban developers and demolition crews from forcing people out through violence or by shutting off their access to essentials such as water or electricity. They would also demand that compensation be set at market price and that where homes are judged “old and dangerous,” 90% of residents would have to agree to the specified project or development. The rules also require that demolitions would be halted if occupants brought lawsuits. These rules are far more interactive and cognizant to the needs of citizens, who at present, have no say thereby allowing developers to go ahead even when challenged.

Despite the named and codified grievances, critics warn of potential loopholes in the rules, and express concern hat enforcement will be difficult because it is at least as important as the changes on paper. Before these rules even entered draft form, academics declared practices by developers as a breach of the constitution. Professors from Peking University said that such unfair practices took place in both cities and the countryside, and that land could be seized in some circumstances.

One professors, Shen Kui, said,: “I’m basically satisfied; this is progress and there are some big changes.” He went on to state that he believed the rules, still in draft form, would take effect within months, and that “the regulations will decrease the new cases where you get violence, but of course it also depends on a change in attitude from local governments … Courts [also] need to be more independent when dealing with these cases.”

What is clear, is that after several highly publicized incidents of individuals setting themselves on fire, China is striving to respond to displacement and forced eviction by developers.

For more information please see:

BBC News – China outlines plans to outlaw forced evictions – January 30, 2010

Telegraph – China moves to calm unrest over property seizures – January 29, 2010

Financial Times – China shakes up rules on land seizures – January 29, 2010