By Alok Bhatt
Impunity Watch Reporter, Asia 
 
 Azerbaijan law enforcement arrested two bloggers who posted an internet video depicting the nation’s president as a donkey delivering a press conference.  Police allegedly apprehended the two individuals for skirmishing at a restaurant.  The bloggers, however, claim that the hooliganism charge was a pretense for arresting them for their oppositional political statement.  

Emin Abdullayev and Adnan Hazhidzade were sentenced on Wednesday (Nov. 11) to two and two-and-a-half years in prison respectively.  The two have been in custody since the incident actually occurred in July.  The bloggers’ sentencing incited the criticism of numerous civil rights groups and U.S. officials, who claim that court’s decision signifies significant regression in the path towards democracy-based structure reform.  

The U.S. State Department also expressed concern and disfavor towards the two young men’s sentencing.  The Department’s spokesperson, Ian Kelly, blatantly berated apparent denial of the bloggers’ rights to a fair hearing, relating that the Azerbaijan courts used questionable investigations and secretive hearings to fabricate the crimes against the bloggers.  The U.S. State Department further criticized the disproportionately harsh legal penalties the two bloggers faced, particularly considering a supposed failure to properly detain and charge the two bloggers.  Ian Kelly also expressed his concern for the speech rights of Azerbaijan’s citizens. 

By disallowing its citizens the right to demonstrate disagreement with the current governmental structure, Azerbaijan denies a fundamental means of expression conducive to sociopolitical reform.  Opposition to such speech demonstrates a state’s unwillingness to accept shifts in the dynamic between citizens and the state, which promotes stagnation in political progress.  

The defense attorneys for Abdullayev and Hazhidzade assert that the State merely wants to condemn the two youths for their involvement in political activism and dissent groups.  Abdullayev himself admitted to experiencing a feeling of profound honor in enduring state sanctions for his beliefs.  Despite this pride in accepting punishment, though, the bloggers’ lawyers announced that they will immediately appeal to the European Court of Human Rights.  

Activist groups voiced concerns that the arrest of the two bloggers represents the Azerbaijan government’s minor agenda to eliminate political protest within the state.  Azerbaijan officials have yet to release statements addressing these allegations.     

For more information, please see:

Al-Jazeera – Bloggers jailed in Azerbaijan – 11 November 2009

BBC News – Azerri bloggers given prison terms – 11 November 2009

Worldwide AP – Azerbaijan opposition bloggers sentenced to jail – 11 November 2009

By Alok Bhatt
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Officials from Australia and Sri Lanka recently began discussions to inhibit the extensive people-smuggling into Christmas Island and other regions of Australia.  The Australian and Sri Lankan foreign ministers met in Colombo on Monday to discuss maritime security with Sri Lankan president Mahinda Rajapaksa.  The issue of Sri Lankan refugees seeking asylum in Australian territory became more imminent while the two nations planned discussions on the social detriments and dangers of people-smuggling, as refugee boats bound for Australia were captured just this week.  Many of the Sri Lankan asylum-seekers are of the Tamil minority race, who endure increasing and persistent persecution in Sri Lanka due to the May defeat of the Tamil Tigers rebel group.  Although most of the refugees are civilian nationals with no actual affiliation with the Tamil Tigers, the Sri Lankan government has taken no measures to mitigate rights violations perpetrated against the Tamil minority.  Discrimination in employment and other fundamental rights further push the Tamil minority out of Sri Lanka to seek a decent mode of living.    

The Sri Lankan Tamil minority began emigrating to Christmas Island, which serves as a haven for many people of troubled countries.  However, accumulating an excessive emigrant population due to years of entering refugees, Australia’s border patrol elevated security around the island’s surrounding waters.  

Australian guards also solicited the assistance of the Indonesian border patrol to curtail the influx of refugees into Christmas Island and Australian land.  Indonesian vessels have captured numerous Tamil boats and escorted them to Indonesian docks.  Many passengers on the captured vessels refused to leave the docked boats until Australia granted them asylum, sometimes engaging in hunger strikes and other forms of protest.  

Although the Australian maritime security vessels have saved Tamil boats facing trouble in the water, Sri Lanka and Australia both explicitly express their contempt for human-smuggling.  Both nations argue that the operators of the refugee boats are simply opportunists capitalizing off the dire situation of the Tamil minorities.  Sri Lankan officials also suggest that the Tamils leaving Sri Lanka represent a poor class of people searching for a greater livelihood, denying any allegations of persecution.  

The Australian and Sri Lankan governments mutually agreed to prohibit the use of force to deter or detain Tamil refugee boats.  However, Sri Lanka’s denial of human rights violations raises issues concerning its motives for wanting to keep the Tamil minority within Sri Lankan borders.   


For more information, please see:   

Al-Jazeera – Boat people on Colombo talk agenda – 09 November 2009

The Australian – Tamil economic refugees: Sri Lanka – 12 November 2009

VOA News – Asylum Seekers Adrift on Boat – 27 October 2009   

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TOKYO, Japan – Japan and five Southeast Asian nations in the Mekong region ended a successful summit meeting on Saturday with Japan promising more than $5.5 billion in loans and grants in the next three years.

Japan’s prime minster said that the Mekong region comprising Cambodia, Laos, Vietnam, Myanmar and Thailand is a “priority area” for Japan’s official development assistance.  The Mekong region is one of the poorest areas of Southeast Asia, isolated and marred by war and political turmoil.

The prime minister released a statement saying, “We strongly recogni[z]ed the need for further strengthening of Mekong-Japan relationship and cooperation to maximi[z]e the potential of the Mekong region.” 

A Japanese official from the foreign ministry added, “Japan plans to expand our humanitarian aid and assistance for human resources development….”

Accordingly, Japan’s prime minister plans to increase aid to Myanmar, a country criticized by the international community for its human rights abuses, including the detention of pro-democracy leader Aung San Suu Kyi.

Japan has given about $31 million worth of aid to Myanmar in the past.  The aid came mostly as disaster relief and humanitarian assistance since Japan has been reluctant to provide loans and grants to countries criticized for human rights violations.

The goal of the leaders at the Summit was to boost development through cooperation, and they agreed on a plan that would promote development, protect the environment and combat climate change.

The participants at the meeting also stated that they “expect” the Myanmar government to take “more positive steps in its democrati[z]ation process” and called for transparent elections next year.

The Japanese prime minister has been advocating for an EU-style Asian community and has been committed to strengthening economic development in Asia.  The Summit also came at a time when tensions between Thailand and Cambodia are increasing because of Cambodia naming Thailand’s fugitive ex-premier as Cambodian government adviser.
For more information, please see:

Asia One – Japan to increase aid to Myanmar: PM – 8 November 2009

Channel News Asia – Japan steps up aid to Mekong nations – 7 November 2009

Straight Times – Japan-Mekong talks wrap up – 7 November 2009

By M.E. Dodge
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – Government officials in Malaysia seized and continue to refuse the release of 10,000 Bibles sequestered for using the word “Allah” to refer to God. Officials maintain their position after announcing their plan to withhold the Bibles on Wednesday, November 4.

The Bibles were apprehended by the Malaysian customs services, and according to a Home Ministry official, the government told the importer to return the Indonesian-language Bibles last month.

 The tension stems from the use of the word “Allah” in the Bibles, which is banned by the government for use by non-Muslims in an apparent act to appease Muslims. According to the same Home Ministry official, “the publications, the Bibles, are already banned.” He declined to make further comment, indicating that he is not authorized to make public statements.

Christians in Malaysia say the Muslim Malay-dominated government is violating their right to practice their religion freely. About 30 percent of the country’s 28 million people practice Christianity, Buddhism, Hinduism or other faiths. The concern is that Malaysia will no longer be regarded as a peaceful nation. The Christian Federation of Malaysia, which had called for the release of all Bibles, described the seizure as “ridiculous and offensive.” The government maintains that the Arabic-origin word “Allah” is an Islamic word and its use by Christians and others will upset Muslims.

Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia said, “This constitutional right (to practice freely) is rendered illusory if Christians in Malaysia are denied access to Bibles in a language with which they are familiar.” 

In addition to the 10,000 most recently seized by the Malaysian government, another 5,100 Bibles, also imported from Indonesia, were confiscated in March and have not been released. There is apparently no immediate information on those Bibles or whether the publications will be released or returned in the near future.

For more information, please see:

MSNBC World News – Malaysia rejects call to release 10,000 Bibles – November 8. 2009

BBC World News – Malaysia withholds ‘Allah Bibles’ – Novmeber 4, 2009

The Jakarta Globe – 10,000 Indonesian Bibles Seized in Malaysia for Using the Word ‘Allah’ – November 6, 2009 

Associated Press – Malaysian government has refused to release 10000 Bibles – November 4, 2009

By Michael E. Sanchez
Impunity Watch Reporter, Asia 

KABUL, Afghanistan- In his first comments since Hamid Karzai was declared to have won the fraud-hit election, former Afghan presidential candidate Abdullah Abdullah said Karzai’s reelection is “illegal” and his government a failure.  Abdullah told reporters in Kabul that Karzai’s government would lack the legitimacy needed to deal with problems such as checking corruption and fend off the Taliban. 

Article 21 of the United Nations Universal Declaration of Human Rights states that, “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”  This article also declares, “The will of the people shall be the basis of the authority of government, this will shall be expressed in periodic and genuine election which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

President Karzai was declared the winner after Abdullah withdrew from a run-off election on Monday saying the vote would not be free or fair.  He contended that he was not quitting as a concession, but because he could not trust the process.

The scrapped run-off vote was originally planned for this weekend.  President Karzai agreed to the run off after hundreds of thousands of votes from the 20 August first round were discounted because of widespread fraud.  An investigation by the Electoral Complaints Commission revealed that President Karzai’s share of the vote dropped to 49.67%, below the required 50% plus one vote threshold needed to avoid a run-off.

Because the fraud which occurred in the August round affected the ability of the Afghan people to freely elect their representatives, their right to vote was diminished.  The reelection of President Karzai could be considered as not being genuine as Abdullah has alluded to since some of the population’s votes were not counted.

Abdullah said the decision of the Afghan Independent Election Commission (IEC) not to have a run-off had “no legal basis”.  “Such a government which lacks legitimacy cannot fight corruption…A government which comes to power without the people’s support cannot fight the phenomena of terrorism threats, unemployment, poverty and hundreds of other problems,” he told reporters.

He said the election commission, which critics believed was biased towards Karzai, had exceeded its mandate.  Critics have called Karzai’s victory unconstitutional since he did not secure more than half of the vote.

Although his words were sharp, Mr. Abdullah said that he saw the flawed Aug. 20 election as finished and that he did not plan to continue his efforts to challenge the results.  He said “The process has completed itself with that final illegal decision,” referring to the IEC.  “I leave it to the people of Afghanistan to judge.”

The former foreign minister has urged his backers to remain peaceful.  He also called on his supporters to show restraint and not do anything illegal to oppose the government.  Karzai has promised his new administration will be inclusive, but Abdullah has ruled out playing a role in the administration, despite pressure for a unity government.  “I have no interest in the future cabinet of Karzai’s government and I will pursue my agenda, which is change,” he told the news conference. 

This crisis has delayed decisions by the US and NATO partners on sending more troops to fight the Taliban insurgency, in addition to paralyzing the Afghan government for months.

For more information, please see:

BBC News- Afghan Election Victory ‘Illegal’ – 4 November 2009

The New York Times- Karzai’s Top Rival Denounces Afganistan’s New Government– 4 November 2009

Examiner.Com- Karzai Opponent: Abdullah Abdullah Says Re-election Was Illegitimate– 5 November 2009

United Nations- The Universal Declaration of Human Rights