Asia

Bangladesh Law Allows Underage Marriage Under “Special Circumstances”

By: Nicole Hoerold
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – A Bangladesh law now allows girls under the age of 18 to be married off by their parents under special circumstances. Such circumstances are left undefined by the law, allowing parents to petition for a court order simply if an underage marriage is deemed in the child’s “best interests”. There is no minimum age for when such circumstances should apply and no definition for the “best interest” requirement. The minimum age to wed in Bangladesh is 18 for women and 21 for men.

A social worker provides counseling to a young girl in Ashkarpur, Bangladesh in 2013. Photo courtesy of: UNICEF.

Human rights activists are concerned that this law could legitimize rape and sexual misuse by allowing children to marry their abusers. The Bangladeshi government defended the new legislation, condemning rape and encouraging people to trust the integrity of the legal system to discern legitimate special circumstances.

Still, Bangladesh has the highest rate of child marriage in Asia, with 52 percent of girls marrying before they turn 18 years of age and 18 percent of girls marrying under the age of 15. Child advocates warn that this law could threaten girls’ safety and urge the government to train Bangladeshi judges and social workers to screen for cases of sexual violence and ensure that girls are not victim of rape.

For more information, please see:

Human Rights Watch – Bangladesh: Legalizing Child Marriage Threatens Girls’ Safety – 2 March, 2017

CNN – Human rights groups condemn new Bangladesh child marriage law – 3 March, 2017

Reuters – Bangladesh law allowing child brides may legitimize rape – 1 March, 2017

The Hindu – New child marriage law sparks uproar – 4 March, 2017

Thailand Urged to Criminalize Torture and Enforced Disappearances

By: Nicole Hoerold
Impunity Watch Reporter, Asia

BANGKOK, Thailand – On February 28, the UN human rights office urged the government of Thailand to criminalize enforced or involuntary disappearances and the torture of individuals. Thailand has a prolonged history of disappearances, including that of lawyer Somchai Neelapaijit in 2004, and human rights activist Pholachi Rakchongcharoen in 2014. A UN working group on enforced disappearances recorded a total of 82 cases of disappearance in Thailand since 1980.

Thailand’s Prime Minister Prayuth Chan-ocha at a cabinet meeting in May 2016. Photo courtesy of: Reuters.

Currently, Thailand does not legally recognize torture and enforced disappearances as criminal behavior. In May 2016, Thailand’s government did announce its intention to submit a bill to criminalize the behaviors. Importantly, the proposed bill would be the first Thai law to recognize the illegality of torture and enforced disappearances with absolutely no exceptions for political or national security circumstances. However, the government failed to provide a plan or frame for taking action on the matter.

Torture in Thailand has become increasingly severe since the military coup in May 2014, with many reports of individuals being taken into military custody and being tortured or mistreated. Reports allege that individuals have undergone torture through beatings, electric shocks, and near suffocation. Not only has the government vehemently denied these allegations, but it has blamed individuals for making false statements with the intention of damaging the country’s reputation.

Since October 2007, Thailand has been a party to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The Convention requires governments to investigate and prosecute instances of torture and the like. Now, organizations like the UN and Human Rights Watch are urging states to press the Thai government on this issue and protect and enforce fundamental human rights and liberties.

For more information, please see:

Reuters – U.N. says Thailand leaves legal loophole for torture, disappearances – 28 February, 2017

United Nations – UN rights office disappointed with with Thai Government’s refusal to criminalize enforced disappearances – 28 February, 2017 

Human Rights Watch – World Report: Thailand – 2016

Bangkok Post – The faces of the disappeared – 3 February, 2017

Kim Jong Nam Killed By Illegal Chemical Nerve Agent

By: Nicole Hoerold
Impunity Watch Reporter, Asia

SEPANG DISTRICT, Malaysia – North Korean leader Kim Jong Un’s half brother, Kim Jong Nam, was killed on February 13 in a Malaysian airport. Surveillance footage shows two young women smearing a substance in the estranged brother’s face, which led to his immediate death. Officials have now identified the substance as VX nerve agent, a chemical nerve gas derived from organophosphate pesticides.

A VX nerve agent stockpile at the Newport Chemical Depot in Indiana, 1997. Photo courtesy of: AP.

VX nerve agent is internationally recognized as an illegal chemical weapon, and stockpiles have been largely destroyed throughout the globe since the enforcement of the Chemical Weapons Convention in 1997. The chemical agent inhibits the functioning of glands and muscles by blocking an important enzyme which allows the muscles to relax. Only a few milligrams are enough to kill someone in minutes’ time.

The two women who facilitated the attack told officials that they were approached by foreign men and were paid $90 to smear what they thought was a harmless substance in the man’s face. Many believe that the attack was carried out on behalf of Kim Jung Un himself, who has apparently felt threatened by his half brother. The fact that the murder was carried out using a highly toxic and illegal substance encourages the belief that the North Korean government is responsible.

If this is the case, the incident raises new concerns about North Korea’s stockpile of chemical weapons, in addition to long-term concerns regarding the state’s nuclear weapons program.

For more information, please see:

CNN – VX nerve agent used to kill Kim Jong Nam, police say – 24 February, 2017

NY Times – Woman Held in Death of North Korean Leader’s Kin Says She Was Duped – 25 February, 2017

NY Times – In Kim Jong-nam’s Death, North Korea Lets Loose a Weapon of Mass Destruction – 24 February, 2017

NY Times – What Is VX Nerve Agent? A Deadly Weapon, Rarely Seen – 24 February, 2017

Washington Post – Kim Jong Un’s half brother was killed by VX nerve agent, Malaysian police say – 23 February, 2017

Chicago Tribune – Kim Jong Un’s brother was killed by banned chemical nerve agent, police say – 24 February, 2017

Philippine President Accused of Having Ordered Extra-Judicial Killings During Time as Mayor

By: Nicole Hoerold
Impunity Watch Reporter, Asia

MANILA, Philippines– A retired Philippine police officer has confessed to leading a death squad on the direct orders of Rodrigo Duterte, before he became president. The retired police officer, Arthur Lascañas, spoke at a news conference on February 20. Mr. Lascañas alleges that President Duterte had personally ordered extrajudicial killings during his time as mayor of Davao. Mr. Lascañas is the second person to speak out against President Duterte. Last year, Edgar Matobato made similar claims to have received orders from Durterte to commit extrajudicial killings during his time as mayor.

Arthur Lascañas speaks at a news conference alleging that he led a death squad under direct orders of Philippine president Rodrigo Duterte when he was mayor of Davao City. Photo courtesy of: Associated Press.

These accusations come only weeks after President Duterte was accused of sponsoring extrajudicial killings in his own state-sponsored war on drugs. In early 2017, Amnesty International warned that the Philippine police are “systematically planning” such killings against criminals and drug suspects.

The recent accusations against Duterte claim that the former mayor established groups of hit-men to find and kill small-time drug dealers and petty criminals. Mr. Lascañas explained that members of these groups were paid between $400 and $1,000 for the killings, a price dependent on the status of the individuals murdered. Mr. Lascañas said that the groups received allowances for these efforts directly from Duterte’s office as mayor. Eventually, the groups were encouraged to kill not only drug offenders and criminals, but any individual critical of Duterte’s rule.

Mr. Lascañas confirmed earlier statements by Mr. Matobato which claimed that Duterte called for the murder of Jun Pala, who was gunned down near his home in 2003. Jun Pala was a radio commentator who was famously critical of Duterte during his time as mayor of Davao.

Philippine Senator Leila de Lima, a staunch critic of Duterte, urged the country’s Cabinet to declare their president unfit to rule, describing him as a “sociopathic serial killer”. De Lima is now facing arrest on charges that she was involved in the drug trade, accusations which she says were master-minded as a result of her leading an investigation of the recent allegations against Duterte during his time as mayor.

For more information, please see:

New York Times – Ex-Officer in Philippines Says He Led Death Squad at Duterte’s Behest – 20 February, 2017

Reuters – Philippine senator urges Cabinet to stop ‘sociopathic serial killer’ Duterte – 21 February, 2017

Japan Times – Ex-cop says Duterte, while Davao mayor, paid him and others to kill crime suspects – 20 February, 2017

CNN – Former Davao Death Squad leader: Duterte ordered bombings – 20 February, 2017

Japan Accepted 28 Refugees in 2016

By: Nicole Hoerold
Impunity Watch Reporter, Asia 

TOKYO, Japan- Japan is receiving criticism after its government released documentation of having accepted only 28 refugees in 2016. This number is especially staggering given the total number of asylum applications received by Japan last year. 10,901 people sought asylum in Japan in 2016, up 44 percent from 2015, when the country accepted 27 individuals. In 2016, alongside the 28 refugees, Japan accepted another 97 applicants for “humanitarian reasons”, though they are not officially recognized by the government as asylum seekers.

A protestor joins in the rallies to call for more visa grants in Tokyo. Photo courtesy of: Reuters.
A protestor joins in the rallies to call for more visa grants in Tokyo. Photo courtesy of: Reuters.

Human Rights Watch called Japan’s efforts in granting asylum “abysmal”, urging the country to accept more applicants and further their human rights interests. The low acceptance rate of refugees is negligible in contrast to Europe’s influx in the past two years. Though refugee advocates and human rights organizations are criticizing Japan for their reluctance to welcome more refugees, the country has made efforts contribute to the cause.

Between January and September 2016, Japan was the fourth largest donor to the UN High Commissioner for Refugees, contributing $165 billion. Japan has also said it will accept 150 Syrian students and their families under a scholarship program. Critics, however, urge that Japan’s current contributions are not enough in a world where forced migration has become so prevalent.

Immigration is a controversial topic in Japan. The country prides itself on cultural and ethnic homogeneity. Despite the Japan’s aging workforce and shrinking population, it has refused to accept a large influx of unskilled workers. Though forced migration continues, Japan has yet to take a clear political stance on its intentions regarding the issue.

For more information, please see:

Reuters – Japan took in just 28 refugees in 2016, despite record applications – 9 February, 2017

Open Democracy – Japan must learn to see refugees not as ‘useful’ subjects, but human beings – 15 February, 2017

The Japan Times – Record 10,910 refugee applicants face abysmal odds of acceptance in Japan – 10 February, 2017 

New Daily – Why Japan accepts a staggeringly low number of refugees – 16 February, 2017