Asia

Landmark Case for Transgender Man Gives LGBT Activists Hope

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.

Activists march at a pride event in China. Photo courtesy of: CNN News
Activists march at a pride event in China. Photo courtesy of: CNN News

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

 

 

Human Rights Watch Warns of Chinese Government Actions

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.

The wife of a human rights lawyer stood outside the Tianjin court in protest of her husband's trial (2016). Photo courtesy of: AP Photo
The wife of a human rights lawyer stands outside the Tianjin court in protest of her husband’s trial (2016). Photo courtesy of: AP Photo

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 

 

Dozens Dead After Attacks in Rakhine State in Myanmar

by Zachary Lucas
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar — At least 24 people were killed in last Monday following an attack by unknown assailants on police outposts near the Burmese-Bangladeshi border. Burmese officials claimed the attacks were by an Islamist group in Rohingya region.

Burmese Border Patrol Guard in Rakhine State (Photo Courtesy of Telegraph)
Burmese Border Patrol Guard in Rakhine State (Photo Courtesy of Telegraph)

Three police outposts were attacked by unknown assailants near the border in Rakhine State. Myanmar’s police chief, Major General Zaw Win, said that nine police officers were killed in the attacks. Along with the police officers, at least eight militants were also killed. Police officials said the militants were able to take 62 weapons and more than 10,000 rounds of ammunition. General Zaw Win said the attackers used “used swords, spears and homemade weapons.”

Counter-operations began after the attacks in a township next to the border in Rakhine State called Maungdaw. Joint army and police forces killed seven villagers of the Rohingya Muslim minority. A local man, U Zaw Oo, witnessed the event and said that around six in the morning government forces came and gunned down seven men. U Zaw Oo also stated that the town is very quiet following the event at the local Muslim population is terrified of the security forces. Another Rohingya Muslim in the area stated that the people that were shot were fleeing.

Since these events, violence has been increasing in Rakhine State. On October 15, a man was shot while collecting bamboo near Myo Village. His brother stated that he was a teacher in Maungdaw. On the same day, military officials reported that three police officers were attacked by knife-wielding assailants. The police shot and killed the assailants.

The United Nations special adviser to Burma, Vijay Nambiar, urged both troops and residents to have restraint. He called on civilians to “not be provoked into any kind of response by targeting other communities or religious groups.”  A senior researcher at Human Rights Watch also stated, “The search for perpetrators cannot descend into abuses of a local population already suffering under sharp restrictions on freedom of movement, work and access to services.”

The Rohingya Muslim minority in the area have been denied citizenship in Myanmar and are, thus, stateless people. Buddhists nationalists in the country deem the Rohingya to be illegal immigrants in the state. In 2012, sectarian violence in Rakhine led to the death of more than 100 people and moving 10,000 people into displacement camps.

For more information, please see:

Daily Star — Myanmar blames Islamist group for attacks in Rohingya Muslim region — 15 October 2016

Myanmar Times — Death toll rises, more arrests made in troubled northern Rakhine State — 17 October 2016

New York Times — Dozens Believed Killed as Violence Erupts in Myanmar — 10 October 2016

Telegraph — Many dead as hundreds of men wielding pistols and swords assail troops in Burma’s restive Rakhine — 12 October 2016

 

United States Bombers Fly Over South Korea in Show of Force

by Zachary Lucas
Impunity Watch Reporter, Asia

SEOUL, South Korea — United States’ bombers flew over South Korea as a show of force to recent military actions by North Korea. This was the second time in weeks that the US and South Korea have shown military force around the tense peninsula.

North Korea has Violated UN Sanctions Multiple Times in 2016 (Photo Courtesy of CNN)

Two US B-1B Lancer strategic bombers flew over South Korea as a show of force and solidarity to protect their ally on the peninsula. South Korea officials stated the supersonic bombers flew from Guam and landed at the Osan Air Base, 75 miles from the North Korean bomber. The purpose of the mission, according to South Korean officials, was to preserve peace and security on the peninsula.

This is the second time in two weeks that US bombers have flown over the peninsula. On 13 September, two bombers flew over South Korea while escorted by South Korean fighter jets. The increase in military presence by the US is in response to continued military buildup by North Korea. On 9 September, North Korea conducted its fifth nuclear test and later stated they had successfully tested a new rocket engine capable of launching satellites. North Korea did not respond to the latest show of force but previously called the 13 September show of force as “ill-famed nuclear killing tools.”

US and South Korea also announced plans to run a simulated attack on a nuclear facility. This simulation will take place starting 3 October. South Korean officials said this was not related to recent nuclear tests by North Korea. US and South Korea will also run simulations on sudden missile attacks.

China and Russia condemned the show of force and asked all sides to deescalate rising tensions on the peninsula. China objected to the US recent decision to move THAAD (Terminal High Altitude Aerial Defense) anti-missile system in South Korea. Chinese officials called on all “parties to exercise restraint and to avoid any actions that could further escalate tensions.” China did not state if they would support increased United Nations’ sanctions against North Korea to prevent nuclear testing. Russian Foreign Minister Sergei Lavrov said that using the threat of a North Korean attack to militarize was dangerous.

Following the end of World War II, the Korean peninsula split into the communist north and the democratic south. After North Korea invaded South Korea in 1950, the UN intervened to support the South Korean government. The end of the war in 1953 marked a division of the country with a demilitarized zone running across the country. Both sides remain armed along the zone, but no serious altercations have occurred since the end of the war.

For more information, please see:

ABC News — North Korea: US supersonic bombers fly over South Korea after Pyongyang nuclear tests — 21 September 2016

CNN — South Korea, US to simulate attack on nuclear facility — 21 September 2016

Fox News — US flies bombers over South Korea again in show of force — 21 September 2016

Reuters — Russia’s Lavrov says wrong to use North Korea to militarize NE Asia — 23 September 2016

Reuters — U.S. bombers fly over South Korea for second time since North’s nuclear test — 21 September 2016

Myanmar Soldiers Sentenced to Hard Labor for Village Killings

by Zachary Lucas
Impunity Watch Reporter, Asia

NAYPYIDAW, Myanmar — A group of seven soldiers were sentenced to hard labor after a court found them guilty of killing civilians in a village. Four of the seven soldiers were officers.

Conflict Between the Burmese Military and Armed Ethnic Groups Have Persisted for Decades (Photo Courtesy of BBC)

A military court handed down the sentences to the seven soldiers following the family’s pursuit of justice for their loved ones. Sai Kaung Kham, an activist, helped the families pursue their claim after discovering nothing had been done.

The men were charged and convicted of killing villagers following a skirmish with an ethnic rebel group in eastern Shan state in Mong Yaw. The army entered the village and rounded up members of the Shan and Palaung ethnic groups. The villagers were suspected of aiding the Ta’ang National Liberation Army, a Palaungi militia that has been fighting the government for years. Days later five badly beaten bodies with knife wounds were found in a shallow grave and identified as the villagers.

Following the killings, the army released a statement saying the soldiers were responsible for the killings. The military court sentenced them to five years imprisonment under hard labor. Kham stated that “the fact they were sentenced is better than nothing.”

The army of Myanmar rarely admits to abuses or wrongdoings done by its soldiers. It is even more rare when they prosecute their own soldiers for those abuses. There were also two other incidents were soldiers were prosecuted for human rights violations earlier in the year that suggests a possible change in policy concerning human rights issues. While they exposed and prosecuted those incidents, they refused to investigate or prosecute the death of two other civilians that were killed fleeing the same village on a motorcycle.

The army ruled Burma, the name of the country before 2011, as a military junta for decades. The army fought violent conflicts with armed ethnic groups around the country. During this time, all sides are accused of numerous human rights violations that includes extrajudicial killings, rape, and torture. In 2011, democratic reforms occurred in the country allowing for a quasi-civilian leadership of the country under activist Aung San Suu Kyi. President Obama vowed to life decades old sanctions instated during the military junta’s leadership.

For more information, please see:

Bangkok Post — Myanmar soldiers jailed for killing villagers — 16 September 2016

BBC — Myanmar soldiers jailed for village murders in rare case — 16 September 2016

Gulf Times — Seven Myanmar soldiers jailed for killing villagers — 16 September 2016

Reuters — Myanmar soldiers jailed with hard labor for village killings — 16 September 2016