By: Timothy Murphy

Impunity Watch Staff Writer

HONG KONG, China — The ongoing strife in Hong Kong continues as 47 activists and politicians were charged with “conspiracy to commit subversion” on February 28th. These pro-democracy activists, who were charged under the new “National Security Law,” had been arrested by authorities in early January of 2021. The National Security Law is another step in the string of continued attempts by mainland China to subvert the independence of the Hong Kong region.

The group that was charged consists of 39 men and 8 women and includes well-known figures who led pro-democratic movements in Hong Kong in the wake of Beijing’s strengthening grip on the region. Hong Kong, which was once a British colony, has long remained independent of its sovereign nation, China. Beginning in 2019, mainland China has been putting increased pressure on the freedom of Hong Kong, which has led to widespread protests from the citizens of the region.

The pro-democratic activists were arrested in January for running unofficial primary polls last summer in order to prepare for the upcoming election for Hong Kong’s legislative body: the Legislative Council. In a further attack on democratic principles, the election was postponed, the purported reason being safety precautions related to the pandemic. Officials have described these polls as an attempt to undermine the Hong Kong government.  

After four days of bail proceedings, fifteen of the activists were granted bail. However, they were not allowed to leave custody due to a subsequent appeal filed by prosecutors. Under the controversial National Security Law, they face up to life in prison for the charge of “conspiracy to commit subversion.”

In 2020, Beijing pushed for the creation of the “National Security Law” in an attempt to chip away at the independence and self-governance of Hong Kong. The law, which was put into effect on June 30th of 2020, reduces the self-governance powers of Hong Kong and criminalizes acts of secession, subversion against the central government, terrorism, and collusion. The law gives Beijing sweeping new powers to regulate the freedom of speech in Hong Kong, and even reserves interpretation of the broad law for Beijing: leaving room for even more power to be milked from the law with future judicial decisions. 

The passage of the National Security Law is a massive victory for mainland China in its efforts to further subjugate Hong Kong. It was met with protests from Hong Kong citizens. The charges laid against the 47 activists makes it clear that it is only becoming more dangerous for Hong Kong citizens to speak out against mainland China’s attempts to further subjugate the region.

For further information, please see:

BBC NEWS – Hong Kong charges 47 activists in largest use yet of new security law – 2 Mar. 2021

BBC NEWS – Hong Kong protest held as 47 activists appear in court – 1 Mar. 2021

BBC NEWS – Hong Kong security law: What is it and is it worrying? – 30 June 2021

Hong Kong Free Press – 47 democrats charged with ‘conspiracy to commit subversion’ over legislative primaries – 28 Feb. 2021

Human Rights Watch – Hong Kong: 47 Charged Under Abusive Security Law – 2 Mar. 2021

South China Morning Post – National security law: 15 out of 47 Hong Kong opposition figures granted bail, but ordered to remain in custody pending prosecutors’ appeal – 4 Mar. 2021

South China Morning Post – Hong Kong national security law: election bans, travel curbs, and more time in jail. What future awaits city’s opposition with 47 defendants charged in biggest case yet? – 5 Mar. 2021

The Economist – Hong Kong’s new security bill is being put to its biggest use yet – 6 Mar. 2021

By: Kirsten Rasmussen

Journal of Global Rights and Organizations, Associate Articles Editor

MANDALAY, Myanmar – The political turmoil in Myanmar has escalated in the last few days, with former leader Aung San Suu Kyi being charged with two new offenses on Monday. The unrest follows a coup on February 1st, which overthrew the democratic government that had been re-elected for a second 5-year term.

This coup reversed several years of progress for Myanmar’s path towards democracy. Since a 1962 coup, Myanmar had been without a democratic government until recently. For the last several decades the country was a military state. In 2011, the military relinquished some power to allow for the creation of a quasi-democratic system to be put into place. However, following the coup on February 1, 2021, the military has taken control of the country.

Leading members from the governing party, named the National League of Democracy, have been arrested. One of those arrested was Aung San Suu Kyi, she has been charged with violation of telecommunications law and inciting public disorder. The military has also claimed she failed to comply with coronavirus restrictions and that she illegally imported walkie-talkies.

Public outcry against the coup and its perpetrators has been seen across Myanmar. Protests have been growing across the country.

In response, the military state has also been escalating its attempts to end the protests. Security forces have made mass arrests and appear to be using lethal force as well as tear gas, flash-bang grenades, stun grenades, and water cannons. Violent police crackdowns have happened across the region in Yangon, Dawei, Mandalay, Myeik, Bago, and Pokokku. Reports have come in stating that at least 18 people have died and 30 were wounded in the crackdowns on Sunday. However, there are reports on social media that the number of fatalities is much higher.

As of February 28th, the independent Assistance Association of Political Prisoners has confirmed 1,132 people have been arrested, charged, or sentenced in relation to the coup. Thein Zaw, a journalist with AP, was detained by police while covering the protests on Saturday. As of the last update, Zaw is still in custody.

Ambassador Kyan Moe Tun, Myanmar’s ambassador to the UN, spoke at the UN general assembly urging all countries to condemn the coup and to refuse to recognize the military regime. He also called for “the strongest possible action from the international community,” to restore democracy and the rightful government.

The military state then removed Ambassador Tun from his position stating Tun had, “betrayed the country and spoken for an unofficial organization which doesn’t represent the country and had abused the power and responsibilities of an ambassador.”

The United Nations has strongly condemned the deadly crackdowns and has called on the military to “immediately stop using force against peaceful demonstrators.” However, further action from the UN may be limited due to the veto power of Russian and China in the Security Council. Many countries – including the United States – have condemned the coup and its use of force against the protesters. Several countries have already levied sanctions.

For further information, please see:

AP News – Associated Press Journalist detained by police Myanmar – 28 Feb. 2021

AP News – Defying deadly crackdown, crowds again protest Myanmar – 1 Mar. 2021

AP News – Myanmar police deploy early to crank up pressure on protests – 27 Feb. 2021

AP News – Myanmar’s UN envoy dramatically opposes coup in his country – 26 Feb. 2021

Euronews – Myanmar coup: Junta blocks internet as well as social media amid growing anti-coup protests – 6 Feb. 2021

Euronews – Myanmar: Aung San Suu Kyi charged with new offences as tear gas is fired at protesters – 1 Mar. 2021

Euronews – Protestors in Myanmar call for the release of Aung San Suu Kyi – 17 Feb. 2021

By: Thea Bonifacio

Journal of Global Rights and Organizations, Associate Articles Editor

MANILA, Philippines – With national elections approaching in 2022, the Philippine government, under President Rodrigo Duterte, has escalated its red-tagging efforts in a bid to silence opposition. As a result, the current government’s propaganda has led to increased deaths in the past year.

Red-tagging is the act of accusing a group of persons as communists, or sympathizers, and publicizing these persons as “Enemies of the State,” attempting to violently overthrow the government. However, these accusations are commonly baseless and are targeted at dissenters or at civilians aiding minority or indigenous groups.

Last December 2020, a doctor and her husband were gunned down in broad daylight. Prior to her death, Dr. Mary Rose Sancelan had appeared on an unverified list from the local militia group “Kagubak,” which linked Sancelan to the New People’s Army (NPA). Sancelan had spearheaded her community’s response to COVID-19. In January 2021, the Armed Forces of the Philippines (AFP) published a list of alumni and academics from the University of the Philippines, the national university, claiming they were current NPA rebels. Recently, a lieutenant general accused a journalist of “aiding terrorists by spreading lies” when the journalist had earlier reported on a Supreme Court petition that alleged that soldiers tortured members of an Indigenous community.

Under the Philippine 1987 Constitution Article II Section 2, the Philippines adopts the generally accepted principles of international law as part of the law of the land. Additionally, the Philippines is one of the first countries to support the Universal Declaration of Human Rights (UDHR). Thus, the country has accepted Article 18 of the UDHR—the right to freedom of opinion and expression, including the right to hold opinions without interference.

Red-tagging is an indirect attempt to suppress civilians’ freedom of expression. The activity criminalizes the perpetuation of socialist practices that have helped society to various degrees. Dissent towards ineffective government responses and clamors for change becomes more challenging to continue when a label could lead to one’s death. A June 2020 report by the UN Office of the High Commissioner for Human Rights found that red-tagging in the Philippines has “posed a serious threat to civil society and freedom of expression.”

According to Neri Colmenares, a former House Representative, the escalated red-tagging of government critics is directly linked to the upcoming 2022 elections. Two specific reasons are connected to this escalation. First, dissent and criticisms towards the government’s COVID-19 response and the killings of human rights activists are mounting, which require more active tagging to stifle dissent. Second, the government fears that their candidates for the upcoming elections are not fairing well in surveys, which start as early as 2 years before elections.

As the Philippine national elections start closing in, there is a need to stay vigilant of the government’s attempts to monopolize and police free expression. The upcoming months will be a test to see whether the act of red-tagging will be penalized, with the Philippine Senate spearheading the efforts to combat the repressive act.

For further information, please see:

Human Rights Watch – Philippine General Should Answer for ‘Red-Tagging’ – 10 Feb. 2021

Philippine Inquirer.net – Red-tagging, as explained by an AFP top brass and a premier activist – 25 Jan. 2021

LiCAS.News Philippines – Yes, let’s talk about red-tagging as censorship – 31 Oct. 2020

Official Gazette – 1987 Philippine ConstitutionConstitution of the Republic of the Philippines -–  2 Feb. 1987

United Nations Universal Declaration of Human Rights -–  10 Dec. 1948

Voice of America – Deadly ‘Red-Tagging’ Campaign Ramps Up in Philippines – 18 Feb. 2021 

By: Rachel Brenner

Journal of Global Rights and Organizations, Associate Articles Editor

BANGKOK, Thailand – Recent pro-democracy demonstrations have put a spotlight on Thai authorities pressuring them to allow peaceful protests, end police crackdowns on nonviolent demonstrations, and stop the repeated use of serious criminal charges against individuals exercising their right to freedom of expression. Since demonstrations organized by the People’s Movement began on July 18, 2020, the Thai government and police have shown increased hostility toward protestors. Protestors are calling for the drafting of a new constitution, an end to harassment for exercising freedom of expression, and the dissolution of parliament.

On November 17th, police in Bangkok used water cannons laced with purple dye and teargas chemicals, teargas grenades, and pepper spray in an attempt to prevent peaceful protestors from reaching the national parliament. Demonstrators had planned to protest outside the parliament as debates over proposals for seven different constitutional amendments were underway. The Erawan Medical Centre in Bangkok reported at least 55 injuries, most of which resulted from teargas inhalation.

On November 18th, the spokesperson for the UN Secretary-General “expressed concern regarding the human rights situation in Thailand.” He emphasized that the Thai government must refrain from the use of force and ensure the full protection of Thai people who exercise their right to peaceful assembly. UN guidance on less-lethal weapons in law enforcement states that “water cannons should only be used in situations of serious public disorder where there is a significant likelihood of loss of life or injury,” and should only be used to the extent required to achieve a legitimate policing objective. In 1996, Thailand endorsed the International Covenant on Civil and Political Rights, which protects the right to freedom of expression and peaceful assembly. However, Thailand has consistently subdued discussions about human rights and public reforms.

Thailand’s royal family is protected by one of the world’s strictest defamation laws, known as lese majeste law. This controversial law, which is punishable by a maximum of 15 years in prison, prohibits defaming, insulting or threatening the royal family. Between July and November 2020, Thai Lawyers for Human Rights noted that at least 175 protestors had been prosecuted for taking part in political demonstrations. Many protestors face illegal assembly penalties, while some protest leaders face a more serious sedition charge. Additionally, at least five pro-democracy leaders face accusations of lese majeste in connection with the demonstrators’ call to reform the monarchy.

The lese majeste charges against pro-democracy leaders were the first time since 2018 that the law has been enforced, indicating that the Thai government is becoming increasingly frustrated with pro-democracy demonstrations. A senior researcher on Thailand at Human Rights Watch states that “as pro-democracy protestors break the longstanding taboo that prohibits Thai people from criticizing and challenging the monarchy, reactions from the state are becoming harsher.” The UN expressed concern over the charges, which inhibit the exercise of free speech, and urged the Thai government to amend the lese majeste law. Regardless of the government’s intolerance to listen to the demonstrators, these charges are unlikely to stop the movement due to the protestors’ outrage with Thailand’s outdated political system. 

For further information, please see:

Amnesty International- What’s Happening in Thailand: 10 things you need to know- November 6, 2020

CNN- Thai protest leaders report to police on charges of insulting the monarchy, as authorities’ tolerance wears out- November 30, 2020

CNN- Thousands protest in Bangkok after Thai parliament votes on constitutional reform- November 18, 2020

Statement by International NGO’s on Pro-Democracy Protests on November 17 and 25, 2020- November 25, 2020

UN News- Thailand: UN rights office deeply troubled by treason charges for protests- December 18, 2020