Asia

Humam Quader Chowdhury Released After 7 Months in Secretive Detention

By: Nicole Hoerold
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – Humam Quader Chowdhury was released on March 2, 2017 near his family home in Dhaka. Chowdhury was taken by unmarked men on August 4, 2016 and allegedly held in secret detention by Bangladeshi authorities. Chowdhury is one of two other men who were taken in separate incidents last August, though the others have yet to be released.

Bangladesh security officers stand in front of the central jail in Dhaka in 2013. Photo courtesy of Reuters.

All three men are sons of prominent opposition politicians, who were tried and convicted by the International Crimes Tribunal meant to prosecute war crimes as a result of Bangladesh’s 1971 war of independence. The men have been denied access to lawyers and communications with their families.

In early March, the UN Working Group on Enforced or Involuntary Disappearances called on the Bangladesh government to reveal the whereabouts of the men. Though Chowdhury’s release is a step in the right direction, Human Rights Watch and Amnesty International have both voiced concerns regarding the welfare of those remaining in captivity and urge the government to either charge or release the detainees. The government denies any responsibility, though family members of the victims cite several sources confirming a connection between the takings and Bangladeshi security forces.

Humam Quader Chowdhury cannot remember where he was held, family members have reported. Human rights organizations warn of the government’s practices, as these are not the first allegations of government sponsored disappearances. The international community is keeping an eye on the status of the other two detainees.

For more information, please see:

Human Rights Watch – Bangladesh: Man Released From Long Secret Detention – 2 March, 2017

Amnesty International – Bangladesh: Man Released From Long Secret Detention – 2 March 2017

Dhaka Tribune – Hummam Quader cannot remember anything about abduction – 3 March, 2017

Aljazeera – UN demands Dhaka action on enforced disappearances – 24 February, 2017

Amnesty International Recognizes Six Women for Human Rights Advocacy

By: Nicole Hoerold
Impunity Watch Reporter, Asia

MANILA, Philippines – Amnesty International has warned of the human rights violations being committed in South Asia. The organization is reporting that the rights of journalists and activists have been increasingly disregarded over the past few years. According to the organization, LGBT activists, Hindus, Christians, Sufi Muslims, and scholars have all become targets after the 2015 murders in Bangladesh, where five bloggers were killed in separate attacks.

Leila de Lima faces three separate criminal charges after speaking out against Philippine President Rodrigo Duterte. Photo courtesy of: Reuters.

The region has become hostile towards mass media and journalism, as new laws have been invoked against online critics and colonial-era laws are being unleashed against government critics. However, in light of International Women’s Day, Amnesty International recognized six women for their extraordinary efforts in human rights advocacy.

The group of women, comprised of lawyers, activists, and a former justice secretary, were each commended for their dedication to taking stands against injustices, despite the grave danger they faced by doing so. In Thailand, Sirikan Charoensiri, a lawyer who regularly defends clients investigated and prosecuted for peacefully defending human rights, faces 15 years’ imprisonment under charges of treason and a local ban on political assembly of five or more persons.

Similarly, in the Philippines, Senator Leila de Lima, former justice secretary and chair of the Philippine Commission on Human Rights, has been arrested under politically-motivated charges in response to her criticism of Philippine President, Rodrigo Duterte.

Human rights organizations are working to raise awareness of the injustices faced by advocates, critics, and journalists in the region. These organizations are now trying to protect the human rights which local governments are choosing to ignore.

For more information, please see: 

Amnesty International – Southeast Asia: As governments fail on human rights, women stand up – 7 March, 2017

Amnesty International – Human rights violations endemic in South Asia – 28 February, 2017

Jakarta Post – Six Southeast Asian women recognized for advocating for human rights – 8 March, 2017

Asian Correspondent – Amnesty names 6 women leading human rights activism in Southeast Asia – 8 March, 2017

China Passes New Regulation on Education for Students with Disabilities

By: Nicole Hoerold
Impunity Watch Reporter, Asia

BEIJING, China – The Chinese government is working to extend more rights to its disabled citizens. On February 23, 2017, the government passed the Regulations of Education of Persons with Disabilities. The goal of the new regulation is to encourage students with disabilities to pursue a mainstream education. Currently, Chinese schools only admit children with physical disabilities or mild forms of mental and other disabilities.

A blind girl reads Braille in her classroom at Shanghai’s School for the Blind. Photo courtesy of: Reuters.

Critics of the new regulation suggest that the current climate regarding disabled school children is unlikely to change, as the government failed to provide adequate means of achieving the regulation’s goals. However, the regulation does mandate local governments to allocate sufficient funds and resources to further the education of people with disabilities.

China does have other laws that protect the rights and interests of disabled individuals. In China, all private and public employers are subject to disability employment quotas, and are required to meet a quota of at least 1.5 percent of employees with disabilities for every 20 employees. Employers who fail to meet these requirements are taxed by the government and the money collected is paid into a Disabled Persons’ Employment Security Fund, controlled by the Disabled Persons’ Federation.

The Chinese government has made commendable efforts to enhance the protections of the rights of individuals with disabilities. Human rights organizations urge that these efforts are a move in the right direction, but the Chinese government must continue to work towards ensuring the rights and protections of the disabled.

For more information, please see:

Sydney Morning Herald – How China trumps Australia when it comes to supporting disabled workers – 4 January, 2017

Human Rights Watch – China: New Rules for Students with Disabilities Inadequate – 6 March, 2017

Hong Kong Free Press – China’s new rules on education for people with disabilities still fall short, says NGO 25 February, 2017

Bloomberg – China: Foreign Companies Hit With Much Higher Disability Payments – 10 February, 2017 

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