By Shayne R. Burnham
Impunity Watch Reporter, Asia

COTABATO, Philippines – The Philippine Military accused the Moro Islamic Liberation Front (MILF) of using children as soldiers against the government.  Executive Secretary Eduardo Ermita revealed that President Gloria Macapagal-Arroyo will inform the UN General Assembly in New York this Thursday, citing a video clip of MILF’s human rights violations.

A member of the army’s 6th Infantry Division, Lieutenant Colonel Julieto Ando, stated that troops seized a video from a captured MILF base in Maguindanao.  Footage shows MILF’s recruitment and training of children.

The UN Convention on the Rights of the Child prohibits state governments and armed groups from using children under the age of 18 in armed conflict. However, although they admit to deploying young soldiers, MILF denies the use of children in their ranks.  Eid Kabalu, a senior rebel leader and civil miltary affairs chief, stated, “We have young members and these are the sons and even relatives of MILF []. We teach these young revolutionaries how to defend themselves from aggressors. They are not child warriors . . . .”  Furthermore, Muhammad Ameen, deputy chair of the MILF’s information committee, said, “We hope the United Nations will not try us in absentia and provide us an avenue to air our side and present evidence that the government is the one killing our children.”

The Mindanao conflict ensued last month when the government canceled a land deal with MILF.  It escalated after August 4th, when the Supreme Court entered a temporary restraining order against the signing of the Memorandum of Agreement on Ancestral Domain.  The Memorandum aimed to formally open negotiations between the government and MILF to end the four decade conflict and expand MILF territory.  Angered by the aborted agreement, MILF attacked multiple towns and villages in Muslim Mindanao, which has affected more than half a million people.

Peace negotiations have ceased between the government and MILF and the government peace panel has since been dissolved.

For more information, please see:

ABS CBN News – Humanitarian Situation Still “Grim” in Mindanao Conflict Areas– 17 September 2008

Amnesty International – Mindanao Citizens Under Threat From MILF Units and Militias – 22 August 2008

Inquirer.net – MILF Welcomes Gov’t Plan to Bring Child Warrior Issue to UN – 20 September 2008

Mindanao Examiner – Philippine Military Accused MILF of Using Child Soldiers in Mindanao – 12 September 2008

By Shayne R. Burnham
Impunity Watch Reporter, Asia

NEW DELHI, India –  In the northeastern state of Manipur, the army has engaged in various human rights violations such as killings, torture, use of bombs and landmines, forced recruitment and extortion.  This has caused an insurgency in Manipur against the armed forces.

For the past 50 years, pursuant to the Armed Forces Special Powers Act (AFSPA), the army has  been granted immunity from their human rights violations.  The Act empowers the military to conduct warrantless arrests, shoot-to-kill and destroy property.  More importantly, it protects them from the prosecution of serious crimes, thus allowing impunity to easily occur.

“Soldiers and police are protected by laws granting immunity and officials unwilling to hold them accountable for serious crimes,” said Meenakshi Ganguly, senior researcher on South Asia at Human Rights Watch and author of the report. “These laws perpetuate human rights abuses, which drive civilians to seek the protection of one or other armed group.”

On September 15, 2008, Human Rights Watch released their report, “These Fellows Must Be Eliminated:  Relentless Violence and Impunity in Manipur.”  This report details several cases where victim suspects are executed and tortured.  Victims also report how they were arbitrarily arrested, subjected to electric shocks, severely beaten and many have been subjected to waterboarding.

Despite various reports by the United Nations and various other human rights organizations, the Indian government has done nothing.  “The Indian government has not only ignored the pleas of ordinary Manipuris and UN human rights bodies to repeal the Armed Forces Special Powers Act, but has even ignored the findings of its own committee,” said Ganguly. “This reflects the sort of callousness that breeds anger, hate and further violence.”

For more information, please see:

Human Rights Watch – India:  Army Killings Fuel Insurgency in Manipur – 15 September 2008

Human Rights Watch – Getting Away With Murder:  50 Years of the Armed Forces (Special Powers) Act – 18 August 2008

Human Rights Watch – India:  Repeal Armed Forces Special Powers Act – 18 August 2008

Human Rights Watch – These Fellows Must Be Eliminated:  Relentless Violence and Impunity in Manipur – 15 September 2008

By Pei Hu
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – The Malaysian government arrested Raja Petra Raja Kamarudin, Malaysian’s top anti-government blogger, this past Friday. In 2007, the Malaysian government passed the controversial Internal Security Act (ISA) to allow the government to arrest and detain citizens up to a month without explanation. The ISA has been criticized as an encroachment on free speech.

Raja Petra was arrested for allegedly publishing material that ridiculed Islam and government authorities on his widely read website, Malaysia Today. Raja Petra Raja Kamarudin’s arrest came after the government attempted to stop Internet service providers from allowing access to Malaysia Today. This was the first time the Malaysian government ordered the closure of a website.

Tensions broke out between the leader of the opposition party, Anwar Ibrahim and the Malay Muslim ruling party, who accused ethic Chinese for being power hungry. Anwar and the People Justice Party threatened to march the streets and topple the government.

Raja Petra’s arrest has stirred international attention since it was first brought up by Amnesty International. On September 20, Syed Azidi Syed Abudul Aziz “Kickdefella”, another anti-government blogger, was released. Police seized Kickdefella’s computer and arrested him on September 17 for posting “seditious” material on his blogs. He was the second blogger to be arrested after Raja Petra.

The arrests of Raja Petra and Kickdefella have not silenced bloggers. “We condemn these arrests and call for the release of … blogger Raja Petra Kamarudin, arrested under the ISA on 12 September,” a blogger nicknamed RPK wrote. The People Justice Party and Anwar publicly announced “such an attack on democracy will only accelerate the further slide of Malaysia’s dipping economic and political ratings.”

For more information, please see:

AP – Malaysia’s Top Anti-Government Blogger Arrested – 12 September 2008

Guardian – Malaysia Blogger’s Arrest Creates Dangerous Precedent – 12 September 2008

Impunity Watch – Malaysian Government Silences Critics with Arrests – 16 September 2008

Reporters without Borders – Blogger Kickdefella Released – 20 September 2008

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – A prison court in the central Myanmar City of Thayet sentenced 10 men to jail.  Four of them are the members of the ‘National League for Democracy’ (NLD) from Yenanchaung, Chauk and Magwe of Magwe Division and seven people from Pakokku.  They were arrested in connection with last year’s uprising, and sentenced to various prison terms ranging from two to nine years by Judge Daw Soe Soe Khet this week.  Charges brought against them included inciting public disturbances, discrediting the government, and participating in public demonstrations, several of the men’s wives said.

Tun Tun Nyein, NLD Youth Wing member from Chauk in Magway Division, was given 2-1/2 years for taking part in a demonstration.  “I felt it is unfair as he is innocent. He was just following protesting monks while they were marching in procession. He is my eldest son. I feel extremely sorry to hear the sentence. Please don’t neglect and ignore my son,” mother of Tun Tun Nyein said.

Ko Htay Win, NLD member from Natmauk, in Magway Division, was given two years for taking part in a demonstration.  “Day by day, we have come to realize more and more that we will suffer when we become involved in politics,” Myint Oo’s wife, Sanda Win, said.  Her husband, she said, “has suffered for the past year, and now, after a year, they have sentenced him. I don’t know how difficult or complicated it must have been to question and interrogate him, for it took a year to come up with an answer. We had expected this right from the beginning.”

Amnesty International also reports that police in Myanmar have arrested an anti-government activist after she spent a year in hiding, and says she now faces the risk of torture.  Authorities detained Nilar Thein, known for her role in anti-government protests in 1988 and 2007, while she visited the mother of a jailed associate in Rangoon, according to Amnesty International.  Another activist, Tun Myint Aung, voiced concern and called for her release.

For more information, please see:

Democratic Voice of Burma – Eight sentenced for political activities and media contact – 12 September 2008

Radio Free Asia – Burmese Court Sentences 10 – 12 September 2008

Radio Free Asia – Burmese Activist Arrested – 16 September 2008

Mizzima – Magwe Division activists sentenced to long prison terms – 12 September 2008

By Pei Hu
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – This past Saturday 106 Tibetans were detained by Nepali authorities. About 20,000 Tibetans live in Nepal, forming the largest Tibetan exiled community. Since the Chinese crackdown of the Tibetan protests in March, even more Tibetans have been crossing into Nepal.

In the 1990s, Tibetans who choose to leave their homeland were allowed to stay. However, since the new Maoist regime took over in August, the Nepali government has implemented a much stricter policy against exiled Tibetans. Tibetans are routinely checked for refugee certificates or United Nation’s documents. The United Nations refugee agency (UNHCR) based in Nepal helps Tibetans migrate to a third country. Many migrate to Dharamsala in northern India where the Dalai Lama lives in exile.  Those Tibetans without proper documents will either be referred to the UNHCR or deported back to China where they could face sanctions by Chinese authorities.

Tibetans have demonstrated in the capital, Kathmandu, mainly outside the Chinese Consular office since the Chinese crackdown earlier this year. The new Nepali government accused Tibetans of disrupting the way of life of the Nepali citizens. Nepal has faced some political pressure from China over the anti-China demonstrations. The new Maoist Prime-minister, Prachanda, recently returned from a visit to China where he met with Chinese leaders. In China, Prachanda met with Chinese President, Hu Jin-tao, and reaffirmed his belief in the controversial One-China policy, which recognizes Tibet, Hong-Kong, Macau, and Taiwan as a part of China. Since Prachanda’s return, the Nepali government has banned anti-China protesting and the recent crack-down on Tibetans have been aimed at discouraging their protests.

For more information, please see:

BBC – Nepal to Tackle Illegal Tibetans – 13 September 2008

BBC – Tibetan Monk Speaks Out – 21 March 2008

Reuters – Nepal Says to Deport Illegal Tibetans Back to Tibet – 11 September 2008