By: Nicole Hoerold
Impunity Watch Reporter, Asia

Phnom Penh, CAMBODIA — In May 2016, the government of Cambodia detained five human rights defenders. The government alleges that these individuals criminally assisted a woman in making false claims while under investigation by the Cambodian Anti-Corruption Unit. On January 25, 2017, two human rights experts called on the Cambodian government to release the detainees, as the charges against them were ruled “arbitrary” by the UN Working Group on Arbitrary Detention.

Cambodia is a signatory to the International Convention on Civil and Political Rights, which explicitly prohibits the “use of criminal provisions as a pretext to suppress and prevent the legitimate exercise of the right to freedom of expression and to silence human rights defenders.” In May 2016, UN human rights experts sent a joint urgent appeal to the Cambodian government on the status of the five detainees. The request has yet to be addressed.

Experts are concerned about a lack of transparency in the Cambodian legislature as well as conflicts between Cambodia’s political parties. In September 2016, a spokesperson for the UN Office of the High Commissioner for Human Rights expressed concern on this topic, noting that there is a high degree of intimidation and opposition between the country’s political groups.

Despite an international call for action, the Cambodian government has yet to respond and continues to detain the five human rights activists.

For more information, please see:

UN News Centre – Cambodia: UN experts call for immediate release of five human rights defenders – 25 January, 2017

JURIST – UN rights experts call for immediate release of 5 human rights defenders in Cambodia – 25 January, 2017

Human Rights Watch – Cambodia: Drop Farcical Investigation of Human Rights Defenders – 7 February, 2017

UN – International Convention on Civil and Political Rights – 19 December, 1966

By: Nicole Hoerold
Impunity Watch Reporter, Asia

BEIJING, China– China, the world’s biggest manufacturing powerhouse, has never had a strong reputation for its working conditions. China is able to offer competitive prices because it’s manufacturers cut back on other expenses, like worker’s benefits and quality work spaces.

China’s courier services have recently drawn attention in the international media. The world’s largest market for package delivery employs largely unskilled workers, and the job can be low-paying and difficult. Labor activists and legal experts are concerned that many couriers face harsh working conditions and unmanageable hours of employment. Almost one quarter of Beijing’s couriers work more than 12 hours each day, seven days a week, according to a survey conducted by Beijing Jiaotong University.

Most couriers make between $300 and $600 each month, a salary roughly equal to wages earned in China’s migrant factories. Chinese workers lack the right to organize their own worker’s unions. Instead, collective representation of workers falls under the sole authority of the All-China Federation of Trade Unions, an organization of officials appointed by China’s communist party. This poses the concern that individuals have no remedy for grievances like low wages and poor working conditions.

Recently, China has showed some interest in expanding investments in Africa. Currently, China relies on Africa to supply a constant influx of natural resources to sustain its massive manufacturing industry. China, in turn, sells its manufactured products back to African states, builds infrastructure, and provides foreign direct investments. Critics of China’s policies in Africa are concerned that China is establishing itself as a colonial power. Human rights organizations are paying close attention to ensure that China’s labor practices, specifically the sate’s tendency to neglect labor rights, doesn’t carry over into the African labor sector.

For more information, please see:

New York Times – For Couriers, China’s E-Commerce Boom Can Be a Tough Road – 31 January, 2017

World Politics Review – China’s Complicated History With Workers’ Rights – 25 January, 2017

Harvard Political Review – China’s Investment in Africa: The New Colonialism? – 3 February, 2017

Financial Times – China labour unrest spreads to ‘new economy’ – 1 February, 2017 

By: Nicole Hoerold
Impunity Watch Desk Reporter, Asia

NAYPYIDAW, Myanmar- A prominent human rights lawyer was fatally shot outside Yangon International Airport on January 29. U Ko Ni was holding his grandson when he was shot in the head at close range. Mr. Ko Ni served as a legal adviser to Myanmar’s leader, Daw Aung San Suu Kyi. Mr. Ko Ni, a Muslim attorney and a member of the National League for Democracy, was returning home from a government-organized trip to Indonesia, where he attended a panel to discuss democracy and conflict resolution strategies.

UN Special Rapporteur Yanghee Lee, a human rights expert, has strongly condemned the murder of Mr. Ko Ni. A suspect has been taken into custody but a motive has yet to be determined.

Mr. Ko Ni was known for speaking out against the Nationality Law, which stripped the Rohingya, a Muslim minority group, of citizenship.  Tensions have risen between the Myanmar government and Rohingya in recent months. In October 2016, members of a Rohingya insurgent group attacked border control officers, killing nine. The attack led to a drawn out offensive by Myanmar’s government to demilitarize the Rohingya insurgency, an effort which persists today.

Recent concerns arose out of reports claiming that soldiers are engaging in human rights offenses. Human rights groups have received reports of killings of unarmed men, burnings of civilian homes, and even accounts of rape of Rohingya women by Myanmar soldiers. The Myanmar government has denied allegations that its military is committing violent acts against civilians. The government has denied journalists and human rights investigators access to its villages. An estimated 65,000 Rohingya people have fled into Bangladesh, where refugee camps have been established.

Despite the government’s statements, a video surfaced on January 3, 2017, that appears to show Myanmar border police beating unarmed men. Though four officers have been detained by the government, Myanmar’s leader, Daw Aung San Suu Kyi has faced much criticism for a failure to respond more vehemently to these incidents and allegations.

For more information, please see:

NY Times – U Ko Ni, a Prominent Muslim Lawyer in Myanmar, Is Fatally Shot – 29 January, 2017

BBC – Myanmar: Leading lawyer Ko Ni assassinated at Yangon airport – 30 January, 2017

JURIST – UN rights expert condemns murder of Muslim lawyer in Myanmar – 30 January, 2017

UN – Note to Correspondents: Statement by Mr. Vijay Nambiar, Special Adviser of the United Nations Secretary- General on Myanmar – 8 December 2016

HRW – Burma: Rohingya Recount Killings, Rape, and Arson – 21 December, 2016

NY Times – ‘There Are No Homes Left’: Rohingya Tell of Rape, Fire, and Death in Myanmar – 10 January, 2017

NY Times – Myanmar Holds Officers After Video Purports to Show Police Beating Rohingya – 3 January, 2017

By: Nicole Hoerold
Impunity Watch Reporter, Asia

BEIJING, China- The LGBT communities of China and Taiwan have been gaining increased attention over the past few years. Rights activists are applauding some small, yet encouraging victories, in an ongoing effort to legalize gay marriage and gain equal rights.

In December 2016, a Taiwanese legislative committee approved draft changes on a proposal to legalize same-sex marriage. The proposed amendments to Taiwan’s civil code have been sent to party caucuses for negotiation and further review. Once this process is complete, a final version of the legislation will be voted on. Though the measure has yet to be passed, it is a major step towards gaining equal rights and protections for Taiwan’s LGBT community.

China has received similar attention for a December 2016 landmark ruling in a discriminatory dismissal case. A Chinese court held in favor of Mr. Chen, a transgender man who claims he was illegally dismissed from his position at a Chinese medical clinic after only one week on the job. Though the court ruled in favor of Mr. Chen, finding his dismissal illegal and awarding him a month’s wages, it was not willing to declare that Mr. Chen’s dismissal was due to discrimination against transgender individuals.

Nonetheless, advocates are thrilled that a Chinese court agreed to hear the case. Gay marriage is illegal in China, and homosexuality was long considered a mental illness. It was only in 2014 that Chinese courts ruled against therapy to “correct” homosexuality.

Though LGBT rights are still absent in both Taiwan and China, many are hopeful that change is on the way. Mr. Chen’s case has given activists hope that a legal remedy may be possible in the future.

For more information, please see:

New York Times – On Taking Gay Rights From Taipei to Beijing: Don’t Call It a ‘Movement’ – 18 January, 2017

BBC – China: Limited victory for man in transgender dismissal case – 3 January, 2017

BNA – China: Despite Landmark Ruling, LGBT Rights Lacking in China’s Workplaces – 19 January, 2017

The Guardian – Chinese transgender man wins landmark wrongful dismissal case – 3 January, 2017

 

 

By Nicole Hoerold
Impunity Watch Desk Reporter, Asia

BEIJING, China – Human Rights Watch (HRW) released their annual rights report on January 12, 2017. The report outlines HRW’s concerns for human rights violations in Southeast Asia, voicing particular concern over Thailand, the Philippines, and Cambodia. The report discusses a continuation of limits on free speech, with increasing signs of state suppression and censorship in various countries. The report’s summary on China speaks of similar concerns.

Human rights organizations have paid particular attention to China in light of the state’s nationwide sweep of rights lawyers and advocates in the summer of 2015. Xie Yang, a Chinese lawyer who was interrogated by the Chinese government, recently spoke out about his abuse while detained. Mr. Yang is one of about 250 individuals detained by the government on charges of subverting the one-party state. Though most individuals were released, the government’s use of torture against them shows that international and domestic mechanisms for preventing torture have not worked.

In early 2017, the Chinese government also began to regulate the operation of Non-Governmental Organizations within its borders.  In order to continue their work within China, foreign NGO’s must find government sponsors, register with the local police, and meet other requirements like submitting annual finance reports.  Chinese president Xi Jinping claims such foreign entities are undermining China’s domestic interests.

Critics of the new legislation are concerned that the “Law on Management of Domestic Activities of Overseas Non-governmental Organizations” will hinder the efforts of nonprofits in fields such as human rights. Whether those concerns actually materialize remains to be seen.

For more information, please see:

Human Rights Watch – Deteriorating Outlook for Human Rights in SE Asia – 13 January, 2017

Human Rights Watch – World Report 2017 – 12 January, 2017

New York Times – Punches, Kicks, and the ‘Dangling Chair’: Detainee Tells of Torture in China – 20 January 2017

Quartz – NGOs are under threat in China’s latest crackdown against “foreign forces” – 4 January, 2017

Hong Kong Free Press – Torture accusations as EU ambassador raises case of Chinese lawyer Xie Yang – 25 January, 2017