By Shayne R. Burnham
Impunity Watch Reporter, Asia

CHHATTISGARH, India – For the past two decades, Maoist guerrillas have run a parallel government in the region of Bijapur and Dantewada.  The Maoists strive to liberate the red zone, the area of southern India to the border of Nepal.  In 2005, Salwa Judum, a civilian resistance emerged which later gained the support of the Indian government.  As a result of this conflict, 436 people including 200 policemen died in 2007.

Currently, all parties to the Chhattisgarh conflict are recruiting child soldiers to their ranks.  The Naxalites, a Maoist rebel group, admit that they have recruited children as young as 12 years old to “gather intelligence, for sentry duty, to make and plant landmines and bombs, and to engage in hostilities against government forces.”  Salwa Judum have used children in village attacks.  Chhattisgarh state police also concede to employing children under the age of 18 to serve as special police officers who participate in government security forces.  Eyewitnesses have seen children dressed in police uniforms armed with rifles.

Human Rights Watch children’s rights advocate Jo Becker states, “A particular horror of the Chhattisgarh conflict is that children are participating in the violence.  It’s shameful that both India’s government and the Naxalites are exploiting children in such a dangerous fashion.”

The conflict has not only placed children at the forefront of violence, but has also affected the children’s education.  Children are removed from school or are abducted for recruitment.  Children have dropped out of school in fear of being abducted.  School buildings have been destroyed due to acts of terror or hostilities with the Naxalites.  Many have fled to outside the region or the country itself but the language barrier of a foreign nation has prevented children from attending.

India is a party to the Convention on the Rights of the Child’s optional protocal on the involvement of children in armed conflict. Pursuant to the protocol, 18 years old is the minimum age for participation in hostilities, for government forces and non-state armed groups. In cases such as this, the protocol advises the Indian government to assist in the rehabilitation of children who have been recruited and used in armed forces in violation of international law.   However, the state government have yet to take action.

For Human Rights Watch’s report on the use of children by all parties in the conflict, click here.

For more information, please see:

Human Rights Watch – India:  All Sides Using Children in Chhattisgarh Conflict – 5 September 2008

India eNews – Maoists Forcibly Recruiting Child Soldiers in Chhattisgarh – 2 September 2008

The Times of India – Maoists Training Children as Guerillas – 17 August 2008

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – Human Rights Watch said that despite recent positive steps taken by the Chinese government, discrimination against persons with disabilities continues in China.  Human Rights Watch applauded the Chinese government’s enactment of a variety of new laws including the Law on the Protection of Disabled Persons, Regulations on the Education of Persons with Disabilities, and the Regulations on Employment of Persons with Disabilities, which on paper provide impressive protections of the rights of China’s estimated 82.7 million persons with disabilities.  However, these protections have meant little to persons with disabilities and their advocates in China who struggle to promote their rights and, in particular, to fairly compete for employment, said Sophie Richardson, Asia advocacy director at Human Rights Watch.

According to a 20087 survey conducted by the China University of Political Science and Law, 22 percent of the 3,454 respondents in10 major cities said their physical disabilities had prompted employers in both the public and private sectors to reject them for jobs.  Official statistics show that the number of employable people with disabilities did not have jobs rises by 300,000 per year since 2007. Although the government has imposed a mandatory quota requiring that people with disabilities comprise a minimum of 1.5 percent of all employees of government departments, enterprises, and institutions, there is little evidence of official efforts to enforce that quota.

Furthermore, 200 million migrant workers in China are still facing employment discrimination and services for them are not in place.  “Migrant workers have lower pay and worse welfare than urban workers,” said Li Zhuobin, a member of the Standing Committee of the 11th National Committee of the Chinese People’s Political Consultative Conference (CPPCC) at a meeting on balanced development between urban and rural areas.  He purposed the Chinese government to implement the salary deposit rule in a variety of industries.  The salary deposit rule requires employers to deposit a certain amount of money in a special labor department bank account. The money is used to pay migrant workers whose employers don’t pay them. The rule has been implemented in the construction industry.  Li also suggested that preferential policies to promote employment should cover both urban and rural residents and local governments should continue lifting discrimination rules against migrant workers.

For more information, please see:

AFP – Beijing makes big efforts to help disabled, but hurdles remain – 04 September 2008

Human Rights Watch – China: As Paralympics Launch, Disabled Face Discrimination – 05 September 2008

XinHua – Chinese advisor urges ending discrimination against migrant workers – 02 September 2008

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – The detained Myanmar opposition leader, Aung San Sun Kyi, missed a scheduled meeting with a United Nations special envoy Ibrahim Gambari.  Mr. Gambari, a UN representative on a five-day mission to push for reconciliation between opposition groups and the military, which has ruled Myanmar since 1962.  He met briefly Wednesday with top leaders from Aung San Suu Kyi’s National League for Democracy, but his planned meeting with Aung San Sun Kyi did not take place.  Nyan Win, a spokesman for her National League for Democracy, said he did not know why Aung San Sun Kyi did not go, but added, the reason could be that Suu Kyi is not satisfied with the present condition during this visit of Mr. Gambari.  Nyan Win also expressed his concern about Aung San Sun Kyi’s health.

Suu Kyi, who has been confined without trial for more than 12 of the past 19 years, was suffering from low blood pressure and was unable to leave her bed, Japan’s Nikkei news agency reported.  In September 2003, Suu Kyi also underwent gynecological surgery, and was hospitalized in 2006 for a stomach ailment.  The junta stopped allowing her physician to visit her home for monthly medical checkups earlier this year, National League for Democracy member Soe Aung said.

For more information, please:

AFP – UN envoy meets Suu Kyi’s party, but fails to see her – 20 August 2008

Bloomberg – Myanmar Opposition Concerned About Aung San Suu Kyi’s Health – 20 August 2008

New York Times – Myanmar: Opposition Leader Misses U.N. Meeting – 20 August 2008

By Pei Hu
Impunity Watch Reporter, Asia

MORANG, Nepal – Sumitra Khawas was detained at Area Police Office (APO) of Belbari in the Morang district on September 9^th for allegedly murdering her husband. Sumitra disclosed to a Nepalese human rights organization, Advocacy Forum (AF), about her abuse in the hands of police officers.

Sumitra told AF lawyers and activists that she was forced to strip naked for prolonged periods of time.  Then, she was repeatedly beaten by punches, and threatened with poisonous lizards to be dropped in her clothes. She said the interrogation lasted about two hours while police tried to get Sumitra to sign a confession for her husband’s murder. Sumitra refused. She recalled three perpetrators, two men and one woman, who were police officers at APO.

AF lawyers wrote letters to government officials, including the Ministry of Justice, to request the transfer of Sumitra from the APO of Belbari. However, AF received no response. When human rights groups tried to visit Sumitra in prison, police officers threatened them by reportedly saying they would “get beat up by the locals.”

As of date, Sumitra is still in police custody at APO. She told AF lawyers that she has received threats, but she has not been tortured since her initial detention. AF lawyers are currently working on Sumitra’s appeal.

Torture is a widespread problem in Nepal. Human Rights Watch and various NGOs have reported of Nepal’s police brutality and the sexual assault of women during their arrests by police officers.

For more information, please see:

Amnesty International – Nepal: Torture of Woman Included Threat to Put Poisonous Lizards in her Clothes – 24 September 2008

Asian Human Rights Commission – A Woman Torture Victim Faces Threats by Police After Disclosing Her Torture Incident – 22 September 2008

Jurist – HRW: Nepal Must ‘Vigorously’ Investigate Human Rights Abuses – 12 September 2008

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – On October 14th, Khem Ngoun, a key Khmer Rouge official,  and four others were convicted of kidnapping and murdering Christopher Howes, a British mine clearing expert for Mines Advisory Group (MAG).

Christopher Howes worked in a mine-clearance operation near the town of Siem Reap, Cambodia, 12 years ago. Ngoun was largely regarded as being responsible for the kidnapping and execution of Howes. The Khmer Rouge ambushed Howes’ team, held 20 miners hostage, and demanded ransom money from Howes and his interpreter, Houn Hourth. Howes refused and was taken back to the main Khmer Rouge camp where Ngoun ordered his execution. The 20 miners were later released or escaped. Howes and Hourth were often seen as heroes, sacrificing their lives for their colleagues.

Ngoun was the right-hand man to the military chief of the Khmer Rouge. After the regime disbanded, many high-ranking officials sought high-ranking posts in military and civilian life. At the time leading up to Ngoun’s arrest he was free of harassment and worked as a military advisor to a general of the Cambodian army.

The Khmer Rouge tribunal has been criticized for being slowing in bring justice to the 1.7 million people that were killed and tortured under the Khmer Rouge regime. However, the director of MAG’s Cambodian office, Rupert Leighton said of conviction of Ngoun, “I think it’s very important for the Cambodian justice system in as much as it’s proof that justice can be done despite lengthy periods between crime and court.” He further added, “I think it’s also a good signal for the [Khmer Rouge] tribunal, and a healthy sign for the justice system in Cambodia.”

For more information, please see:

BBC – Past Catches Up with Khmer Rouge Killer – 14 October 2008

NY Times – Cambodia: 4 Convicted in 1996 Killings – 14 October 2008

The Phnom Penh Post – Verdict due on KRouge’s 1996 slaying of deminer, interpreter – 14 October 2008