By: Brian Kim
Impunity Watch Reporter, Asia 

MANILA, Philippines – On May 23, President Rodrigo Duterte of Philippines declared 60 days of martial law in Mindanao. Currently, 21 million people are living under martial law. The order came after the failed attempt to apprehend Isnilon Hapilon, a terrorist leader associated with the Islamic State. Isnilon Hapilon, a leader of the Maute and Abu Sayyaf groups is known for kidnapping and decapitating westerners.

An estimated 400-500 fighters took over parts of Mindanao and attempted to create an Islamic caliphate. According to the head of military command in Western Mindanao, the militants control around 20 percent of the town. Around 200,000 civilians fled once the conflict began and hundreds are being held hostage. Currently, 100 militants are still fighting.

The conflict in Marawi City entered its fourth week as of June 13, and President Rodrigo Duterte stated that martial law will continue. More than 180 government troops and 200 militants have died from the battle.

Recently, President Duterte stated that he is willing to extend martial law for the region and continue the battle until the militants are completely destroyed. However, according to the constitution, martial law in the country cannot last longer than 60 days.

The opposition party in the country argued that the imposed law is unconstitutional and have asked the country’s supreme court to rule on the matter. President Duterte stated that he will revoke marital law if the Supreme Court finds it unconstitutional. Nevertheless, President Duterte also commented that if the militants continue to attack Mindanao, he will be “forced to declare martial law again.” He went further and said that he will “not consult anybody” and there is “no telling when it will end.”

President Duterte compared his order to dictator Ferdinand Marcos. The former president ruled the country under martial law from 1972 to 1981 to control communist rebels. During this time, many organizations have reported that the order allowed for human rights abuses by the administration.

Under the current order, many groups also fear human rights abuses in the country as President Duterte attempts to extend martial law in Mindanao.

For more information, please see: 

CNN – Duterte: Martial law in Mindanao to continue until I am ‘satisfied’ conflict has ended – 18 June, 2017

Reuters – Philippines army struggles as city siege enters fourth week – 13 June, 2017

Washington Post – Duterte has put part of the Philippines under martial law. Here’s how dangerous that can be. – 14 June, 2017

ABC – Philippines President Duterte revives Marcos-era memories in threat to extend martial law – 17 June, 2017

 

By: Brian Kim
Impunity Watch Reporter, Asia 

SEOUL, South Korea – President Moon Jae-in of South Korea raised concerns on a landmark agreement made with Japan in December 2015 dealing with wartime sex slaves. The new South Korean president stated that the agreement is unfair.

According to the deal, the Japanese government agreed to provide $8.3 million to help “comfort women” and for Shinzo Abe, Japanese Prime Minister, to offer his “most sincere apologies and remorse.” It was also agreed that both countries will not criticize each other on this issue in the international society.

The issue of “comfort women” has been an ongoing controversy between these two countries. Although the exact numbers are unknown, the authorities believe that around 200,000 women were forced to serve as sex slaves when Japan took control of Korea in 1910.

Lee Ok-seon, now age 90, spoke about the time when she was captured by the Japanese military. In 1942, at the age 15, Lee was grabbed by men in uniform and was forced to work in a brothel in a Japanese-occupied area in China. As the survivors age and die, Lee remains as one of the last “comfort women.”

Former “comfort women” and many of their supporters have been protesting outside the Japanese embassy in Seoul. In 2011, a group erected a bronze statue of a seated woman outside the Japanese embassy. Back in January of 2017, the Japanese government withdrew diplomats from South Korea after the same statue was erected in the city of Busan arguing that such action violated the 2015 agreement.

The victims believe that the apology made by the Japanese Prime Minister does not go far enough. Moreover, the polls show that the majority of Koreans believe the 2015 agreement to be unfair.

South Korean president, Moon Jae-in spoke with Shinzo Abe, Japanese Prime Minister, and discussed the common threat posed by North Korea. Although President Moon stated that the people of South Korea “cannot emotionally accept the comfort women agreement,” he was clear that the issue should not affect the relationship in finding ways to respond to North Korea.

On June 7, Kang Kyung-wha, President Moon’s pick for foreign minister said during her confirmation hearing that she seeks to renew discussions over the 2015 agreement with Japan.

For more information, please see: 

NPR – Not All South Koreans Satisfied With Japan’s Apology To ‘Comfort Women’ – 30 May, 2017

CNN – South Korea’s New President Questions Japan ‘Comfort Women’ Deal – 5 June, 2017

Nikkei Asian Review -South Korea Foreign Minister Pick Vows ‘Comfort Women’ Talks – 8 June, 2017

By: Brian Kim
Impunity Watch Reporter, Asia 

TAIPEI, Taiwan – On May 24, 2017, Taiwan’s constitutional court ruled in favor of same-sex couples and declared that the couples have the legal right to marry. The first such ruling in Asia, the court struck down the Civil Code’s legal definition of marriage as being only between a man and a woman.

The court declared that the Civil Code’s definition of marriage violated articles of the constitution and allowed the legislatures two years to change existing marriage laws. If the body fails to pass a legislation in the next two years, the court wrote that the same-sex couples “shall be allowed to have their marriage registration effectuated to the authorities in charge of household registration.”

The court made its ruling in response to two petitions to review the existing law. One was brought by a longtime gay rights campaigner, Mr. Chi Chia-wei. Mr. Chi was in favor of changing the Civil Code’s definition of marriage. The other petition was brought by the city government of Taipei after being sued for rejecting same-sex couple’s marriage applications.

The decision was celebrated by many lesbian, gay, bisexual and transgender rights activists. Hundreds of supporters gathered to celebrate the decision in Taipei, the nation’s capital.

Democratic Progressive Party that overwhelmingly swept national elections last year supported this change and a bill to enforce the court’s ruling has been presented.

For more information, please see: 

Reuters – Taiwan court rules in favor of same-sex marriage, first in Asia – 24 May, 2017

NYT – Court Ruling Could Make Taiwan First Place in Asia to Legalize Gay Marriage – 24 May, 2017

Washington Post – Taiwan is set to become the first Asian country to legalize gay marriage – 24 May, 2017

By: Brian Kim
Impunity Watch Reporter, Asia 

BEIJING, China – Chinese human rights lawyer, Xie Yang was brought up on charges of subversion in 2015. Initially, Xie maintained his innocence.

In recent court proceedings, Xie then altered his statement and plead guilty to charges of subversion and disrupting a court order. Xie stated he was “brainwashed” in Hong Kong and South Korea to promote western constitutionalism in China. Xie appeared in a video where he stated he had not been mistreated in custody by Chinese officials.

Xie’s trial was said to be open by the Chinese government. However, Western journalists and diplomats were denied entry. Many friends and supporters of Xie Yang reported that his confessions during trial appeared rehearsed.

Since President Xi Jinping took office, his government warns against Western ideals and the threat these ideals can have on national security.  Cases dealing with “land grab victims” and proponents of democratic reform are considered highly sensitive to government authorities in China. Recently, Xie Yang and several human rights lawyers were put on trial dealing with these issues.

Amnesty International has stated that the Chinese government wanted to use Xie Yang’s trial “to discredit his lawyers and the Western media.” The United Nations requested that Chinese authorities release all activists and attorneys being held in custody who have been accused of defending basic rights of Chinese citizens.

Xie Yang’s attorney, Chen Jiangang, who represented him throughout trial was also taken into custody, according to sources close to Xie Yang.

For more information, please see: 

BBC – China human rights lawyer Xie Yang ‘admits being brainwashed’ – 8 May, 2017

NYT – In Reversal, Chinese Lawyer Confesses, and Rights Groups Denounce His Trial – 8, May 2017

Reuters – China begins trial of rights lawyer for ‘subversion of state power’ – 8 May, 2017

 

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

BANGKOK, Thailand – A Thai human rights lawyer appeared in court on May 3 where he was charged with 10 counts of royal defamation. If convicted, Prawet Prapanukul faces up to 150 years in prison. His case is the most number of charges for the crime brought against an individual in recent history.

Thailand’s strict lèse-majesté law makes it a crime to threaten, insult, or defame the king, queen, heir-apparent, or the regent, as enshrined in Article 112 of the country’s criminal code. There is no definition of what constitutes such an insult to the monarchy, and lèse-majesté complaints can be brought by anyone, against anyone, and are always required to be formally investigated by the police.

In addition to 10 counts of insulting the monarchy, Prawet is accused on three counts of breaking section 116 of Thailand’s criminal code, which covers sedition. Human Rights Watch has warned that the laws are being used by military authorities to curb the opposition.

It is still not known what Prawet might have written or said that led to his arrest and charges. A spokesperson for the military government declined to comment on the case. Thailand’s military seized power from an elected civilian government in a spring 2014 coup. Since the government was overthrown, the junta has detained hundreds of journalists, activists, and politicians for alleged protests and anti-junta activities.

It is unclear what will happen in Prawet’s case, but the Thai junta have made it clear that it is unaccepting of any acts in violation of Thailand’s lèse-majesté laws.

For more information, please see:

Al Jazeera – Thai lawyer faces 150 years in jail for royal insult – 4 May, 2017

The Telegraph – Thai rights lawyer faces up to 150 years in prison for royal insult – 4 May, 2017

Jurist – Thailand human rights lawyer charged for insulting royal family – 4 May, 2017

Asian Correspondent – Thailand: ‘Missing’ lawyer appears in court, faces 150 years’ jail for royal insult – 4 May, 2017

RT News – Top Thai human rights lawyer faces 150 years in prison for ‘royal insult’ – 4 May, 2017

BBC News – Thailand’s lese-majeste laws explained – 3 December, 2016