Asia

China, Minorites, Persecution, and Summer 2020… Now, Why Does That Sound So Familiar?

By: Marshall Read

Journal of Global Rights and Organizations, Associate Articles Editor

GUANGZHOU, China – Okay, stop me if you have heard this one before: a national government using crisis response measures to suppress and discriminate against minority communities within that nation’s borders. No, it is not the United States this time; it is China. In a sequence of events that should, unfortunately, surprise no one, the Chinese government has persecuted Africans, trampling on the equal protection mandated by international law and Beijing’s stated policy of equal treatment.

An African Restaurant in Guangzhou Shut Due to Coronavirus Fears.

Before the pandemic, the Chinese Province of Guangdong was officially home to some 14,000 African people. However, thousands more are expected to reside there undocumented. The city of Guangzhou, capital of Guangdong, has become a hub for African immigrants. One district, dubbed “Little Africa,” was populated by roughly ten thousand Africans. When the COVID-19 was still an epidemic in China, the African population dropped by nearly seventy percent. Most left or were evacuated by African Governments. Those who remained in China are still on their own.

It all began mere weeks after China closed its borders. 5 Nigerian individuals tested positive for COVID-19 in Guangdong Province. This was followed by false rumors that over 1,000 Africans in china had caught the disease.  China ordered that all foreigners must submit to COVID-19 control measures. This kicked off a wave of COVID-19 suppression measures on African’s in Guangdong.

All of this happened during the Summer of 2020, while other parts of the world, including the United States, saw massive BLM demonstrations against police brutality. In response to international outcry, the Chinese government has insisted that China and Africa (yep, the whole continent) are friends, noting Beijing’s “zero tolerance” policy for discrimination. The response makes sense considering China’s participation in the International Convention on the Elimination of All Forms of Racial Discrimination. However, the reality of events in China is contradictory to those stated goals. The law may say “all foreigners,” but it only seems to be enforced against the black foreigners.

The government began forcibly testing all Africans in the region this past April. Police entered homes, either forcibly tested, or ordered residents to go to a hospital to get tested. Africans were also quarantined. Additionally, Africans are routinely being evicted and denied service throughout China.

Ade, a Nigerian student at Guangdong University, had just paid his University fees when his landlord evicted him. Police met him and his roommates as they frantically moved their stuff out.

Mohammed, a Tanzanian trader in Guangzhou, was forced out of his apartment and quarantined in his shop. He lived like this for months until the situation in Guangdong Province began to subside. Nonetheless, the circumstances are such that it will be challenging to continue as normal for either Ade or Mohammed, because now in China, the virus is inextricably linked to African immigrants.

Writing this in December of 2020, it appears as though the situation has mostly subsided. Despite being a space away from having a winning summer 2020 bingo card, China appears to have gotten away with its persecution of Africans. Despite the start of a return to normalcy in Guangdong Province, the damage has already been done. The Chinese government has continued the dark tradition of persecuting black people by tying their presence in China to the spread of COVID-19.

For further information, please see:

Reuters – “In China’s ‘Little Africa’ a struggle to get back to business after lockdown” – 26 June 2020

BBC – “Africans in China: We face coronavirus discrimination” – 17 Apr. 2020

Nikkei Asia – “China’s ‘Little Africa’ shrinks 70% as coronavirus leaves its mark” – 24 June 2020

Human Rights Watch – “China: COVID-19 Discrimination Against Africans” – 5 May 2020

OHCHR – International Convention on the Elimination of All Forms of Racial Discrimination – 21 Dec. 1965

Domestic Violence in Jammu and Kashmir due to India’s Revocation of its Special Status

By: Kanalya Arivalagan

Journal of Global Rights and Organizations, Associate Articles Editor

KASHMIR, India – In Kashmir, there was an increased surge in domestic violence due to the shutdown. This shutdown, however, was caused by India revoking its semi-autonomous status in August 2019.

A Police Checkpoint in Jammu and Kashmir. Photo Courtesy of The New York Times.

The former state of Jammu and Kashmir is a region of land that was divided unevenly between India and Pakistan, with India receiving the larger portion. It is also the biggest Muslim-majority state in India in which it had its special status of semi-autonomy under Article 370 of the Constitution of India since 1947. However, after the revocation, India placed its federal forces in parts of Kashmir, installed a communications blockade, cut access to public transportation, and closed markets.

During the 2016 and 2017’s shutdown, there was more than 3,000 domestic violence in addition to general violence against women per year. Now, in 2020, the Kashmiri women are in the middle of both a global pandemic and a military lockdown from India without any resource available to help guide them during this time.

The total internet blackout along with lack of communication access caused confusion, which continued to worsen as India’s security forces came into the region. The women’s commission for domestic violence became defunct in the past three years resulting in no proper resource for women facing such violence. In the entire Kashmir valley, there is only one women’s police station and the male’s police stations are not trained to be able to work with domestic violence victims. Furthermore, even if the women come to the male officers for help, they often dismiss it as a family matter.

Furthermore, Shah Faisal, state director of the Human Rights Law Network, stated that these women also lack access to medical help because “many out-patient departments in public and private hospitals have closed” due to Kashmir losing its special status. Now, amidst the COVID-19 global pandemic, it is ill-advised to go to the hospital because of the possibility of getting infected.

For example, one of the many women facing domestic violence under these especially frightful circumstances is Rafiqa, 39, who had to turn to a local religious leader to seek the help she needs. Her husband beat her, abused her, and this violent abuse became much worse after he lost his job last year in 2019. Due to the shutdown and the lack of access to internet/mobile lines, Rafiqa couldn’t even reach her parents for help. Similarly, another survivor, Sameena, 29, suffered harsh abuse that even resulted in rape by her husband. Such series of abuse was so horrific that she ended up suffering a miscarriage due to the severe violence. She could only turn to her parents for support.

It should be noted this pain might be eased by the decision of the high court of Jammu and Kashmir in April 2020 which directed the lower courts to treat the matter of domestic violence as an urgent issue. However, with the lockdown and lack of access to the internet as well as the mobile and landlines, India’s actions are a violation of human rights for the citizens of Jammu and Kashmir. As Mr. Mehak, a journalist, penned, “[e]ach individual has the right to life and as such no instance of domestic or any other sort of violence with any person discrete of gender, social group or any other classification is insupportable and intolerable.”

For further information, please see:

The New York Times – India Revokes Kashmir’s Special Status, Raising Fears of Unrest – 05 Aug. 2019.

The New Humanitarian – Nowhere to Turn for Women Facing Violence in Kashmir – 09 Jul. 2020.

Deccan Herald – Coronavirus Lockdown Leads to Spurt in Domestic Violence Cases in Kashmir – 23 Apr. 2020.

Greater Kashmir – Spike in Domestic Violence – 02 Sep. 2020.

Philippine Government Sparks Anger Over Death of Infant Taken From Incarcerated Mother

By: Elizabeth (Lizzy) Wright

Journal of Global Rights and Organizations, Associate Articles Editor

MANILA, Philippines – On October 9th, 2020, new mother Reina Mae Nasino experienced the worst tragedy possible; her three-month-old baby, River Emanuelle died of pneumonia. However, Nasino’s tragedy greatened when Manila Regional Trial Court 47 decided she would only be allowed to grieve her daughter over a three-day furlough from the jail she was being held in. This was only for the court to amend its decision the next day and allow her 6 hours to attend River’s wake.

Mother Reina at Baby River’s Wake During her 6 Hour Furlough. Photo Courtesy of Aljazeera.

From the beginning of her case, Reina has been fighting against the Philippine Government’s controversial rule. Housing in the Philippines is a major issue, and the city of Manila is said to have the highest rate of homelessness in the world. Reina is a known activist, as a member of the group known as Kadamay. Reina and Kadamay were involved in protesting the privatization of low-income governmental housing by occupying an old homeless shelter that was due to be torn down. This led to officials going to Reina’s residence, searching it, allegedly finding unauthorized firearms, and arresting her. Reina has maintained her innocence and claims that officials planted the weapons.

At the time of her arrest, Reina did not yet realize that she was pregnant with baby River. She only realized she was pregnant during a medical examination in jail a few months later. For the first month of River’s life, she was allowed to remain with Reina, and during this time, she petitioned the court to allow her to breastfeed River for her first year. The court denied this petition and forcibly removed River from Reina’s care only four weeks after birth. Reina then asked the court for a temporary release related to COVID-19 jail downsizing; she was denied.

During the two months between River’s separation from her mother and her death, her health declined significantly and she was hospitalized. Knowing this, Reina continued to ask the court to reunite her with River but was ultimately denied. Reina’s family argues that River’s sickness was due to the inability to breastfeed.

As previously mentioned, Reina was allowed to attend River’s wake for only six hours. During the wake, Reina was escorted by 20 armed law enforcement individuals. Law enforcement then broke up the wake early and had the hearse carrying the coffin speed away. The family chased the hearse on foot as it left. These events have sparked an international outcry and scrutiny regarding the way mothers are treated while incarcerated in the Philippines.

Pregnancy and motherhood are two key things that make female incarceration significantly more complicated than male incarceration. Different countries have created remedies for this issue. For example, some countries allow babies to remain with their incarcerated mothers for up to four years.

The actions of the Philippine Government inflicted serious trauma on Reina, River, and their family. The Government claims that separating babies from their mothers, as a rule, is in the best interest of the child. However, this reasoning is flawed. These babies often end up in foster homes and do not reap any of the benefits that come with being physically close with their mothers. Studies show that physical closeness between mother and baby is good for both; it creates feelings of security for the baby and gives the mother an awareness of the needs of the baby.

Reina and River’s case is, unfortunately, one of many that demonstrate the need for incarceration reform in the Philippines and other countries, like the United States, that routinely separate babies from their mothers.

For further information, please see:

BBC News – Anger over death of baby separated from jailed mother – 15 Oct. 2020

BenarNews – Phillippine Rights Group: Shortened Furlough for Inmate whose Baby Died ‘Merciless’ – 14 Oct. 2020

IBON Media and Communications – While poor remain homeless, private business gains from “socialized” housing – 22 March 2017

Reuters – Manila’s homeless set to move into more empty homes if official handover delayed – 28 Mar. 2018

Reuters: The Wider Image – Jailed Philippine activist lays to rest her three-month-old baby – 16 Oct. 2020

The Journal of Perinatal Education: Advancing Normal Birth – Care Practice #6: No Separation of Mother and Baby, With Unlimited Opportunities for Breastfeeding – Summer 2017

Is China Using COVID-19 as an Excuse to Silence Its Dissenters?

By: Madison Kenyon

Impunity Watch Staff Writer

BEIJING, China — On December 31, 2019, the government in Wuhan, China announced that health authorities were in the process of treating dozens of individuals who all had similar symptoms. A few days later, the Wuhan government confirmed that these individuals had all been infected with a new virus: COVID-19. Now about five months later, the spread of the virus seems to be slowing down in cities throughout China, and thus China has begun lifting its lockdown measures.

Despite the Chinese government lifting many of its lockdown measures, over 200 cities in China now require its citizens to download software that tracks citizens’ movements. Specifically, in order to freely move throughout different Chinese regions, a citizen must download either the WeChat or Alipay App which contains this software. After downloading this, the citizen is required to answer a list of personal information questions, including: name, Chinese ID number, phone number, residential address, their place of work, their travel history, and their purpose for being in the region. Next, the citizen is required to answer a list of health questions, ranging from “Do you have any symptoms? to “Have you been in contact with someone with COVID-19?” Based on the answers to these questions, each citizen is administered a different colored scanning code – either green, yellow, or red. Those who receive a green code can move around the city freely. However, those that receive a yellow code must self-quarantine for seven days, and those with a red code must self-quarantine for 14-days.

Although these cities have not technically made it a requirement for its citizens to download this software, they have implicitly done so since citizens may not travel throughout the city without a colored code. Specifically, a citizen is required to scan into every public place they enter. The government argues this is necessary to track the travel history of someone who becomes infected with COVID-19 and track who the infected person has been in contact with.

On the outside, this appears to be a creative way to track and maintain the spread of COVID-19. However, this tracking technology concerns many human rights activists. For starters, there is no end-date for the use of this technology. Many believe the Chinese government will continue to use the “health-scare” justification to track its citizens far after this global pandemic is over. Second, there has not been much transparency from the Chinese government as to how it reaches its decision in the color code it provides to each individual. Due to this, many believe that China will use this color-coded system to silence the government’s dissenters by giving them red codes and forcing them into isolation. This is especially troublesome since this pandemic broke out amid the Hong Kong protests. As Sophie Richardson, the China Director at Human Rights Watch, stated, “This is viewed as scary stuff from a human rights perspective…It is yet another way to gather information about people to potentially use it against them in ways which there’s no legal basis.”

It will surely be interesting to see if these predictions by human rights activists come true.

For further information, please see:

CNN – China is Fighting the Coronavirus with a Digital QR Code. Here’s How it Works – 16 Apr. 2020

ABC News – China Rolls Out Software Surveillance for the COVID-19 Pandemic, Alarming Human Rights Advocates – 14 Apr. 2020

N.Y. Times – A Timeline of the Coronavirus Pandemic – 14 Apr. 2020

Business Insider – As China Lifts Its Coronavirus Lockdown, Authorities are Using a Color-Coded Health System to Dictate Where Citizens Can Go. Here’s How It Works. – 7 Apr. 2020

Two Imprisoned Journalists in Myanmar Will Appeal to Supreme Court

By: Natalie Maier
Impunity Watch, Press Freedom                                                                                                                                                               

YANGON, Myanmar — Two Reuters journalists imprisoned under Myanmar’s Official Secrets Act filed an appeal Friday with the Supreme Court to overturn their convictions.

Reuters journalist Wa Lone is escorted by police as he leaves court Wednesday, Jan. 10, 2018, outside Yangon, Myanmar. (2018 AP Photo/Thein Zaw)

Wa Lone and Kyaw Soe Oo have been in prison for over a year now. The pair were arrested on December 12, 2017 and charged with violating the Official Secrets Act, a colonial-era law that punishes the distribution or publication of documents that may be “useful to the enemy.”

Prosecutors claim that the two obtained important and secret state documents relating to a military campaign in Rakhine State by the Myanmar army. Since 2016, over 680,000 Rohingya Muslims have fled the area amidst genocide. The United Nations has opened up an investigation into the crisis, calling it “ethnic cleansing.”

Lone and Soe Oo, reporters for the Reuters news agency, had been investigating a mass grave in the city of Inn Din. They claim that they were framed by police, who handed them documents, and then arrested them for possession.

On January 11, 2019, an appellate judge upheld the original conviction of 7 years in prison for hard labor. This appeal claims that lower court rulings involved errors in judicial procedure. Khin Maung Zaw, counsel for the journalists, said the lower courts did not properly evaluate witness testimony. Observers at the trial described testimony of the prosecution as vague and contradictory. However, one police officer who testified for the prosecution admitted that the two journalists were indeed the target of a sting operation.

The case has caught the attention of human rights and free speech advocacy groups around the world. Concerns about the status of press freedom in Myanmar are growing, with 43 journalists arrested wince 2015.

For more information, please see:

1 February 2019 – AP/The Diplomat –  Landmark Myanmar Press Freedom Case Set for Supreme Court Appeal 

2018 – PEN America – Wa Lone and Kyaw Soe Oo