Asia

Two American’s Freed in North Korea; Thousands of North Koreans Remain Unlawfully Detained

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

PYONGYANG, North Korea – The word’s attention was turned to North Korea over the weekend when the secretive regime released two American citizens, Matthew Todd Miller and Kenneth Bae. The Americans had both been charged with crimes against the North Korean state and sentence to hard labor. The two were the last Americans held by North Korea following the release last month of Chris Fowle. The released of the two Americans may have been an attempt to shine a more favorable light on the regime and draw the word’s attention away from the crimes committed by the regime. Including crimes against the tens of thousands of people detained in labor camps by the regime. The release of the two Americans came just days after the publication of a damming report by the United Nations’ special rapporteur dealing with North Korea which called on the case to be referred to the International Criminal Court, which could potentially lead to an indictment of North Koreas new leader Kim Jong Un.

A satellite image of a village in the northern part of North Korean political camp 16 (Kwanliso) taken in September 2011 was released by rights group Amnesty International as evidence of forced labor camps in North Korea. (Photo courtesy of CNN International)

A report relapsed by ­Marzuki Darusman, the United Nations’ special rapporteur dealing with North Korea called on the North Korean regime to by referred to the international criminal court due to the country’s gross violations of human rights.  “The international community must seize this unique opportunity and momentum created by the commission of inquiry to help to make a difference in the lives of the people of Korea, including victims, and to ensure accountability of those responsible for serious violations of human rights, including crimes against humanity,” Darusman wrote in his report. Darusman ]’s report comes six months after a United Nations commission of inquiry released a 372-page report detailing human rights abuses and crimes against humanity committed by the secretive state including allegations of brainwashing, torture, starvation and imprisonment for “crimes” such as questioning the system or trying to escape the country, or for secretly practicing Christianity and other faiths.

The North Korean regime allegedly practices a form of collective punishment known as “three generations of punishment” in which three generations of a single family are forcibly imprisoned in North Korea’s labor camps. The system was established by North Korea’s founding leader, Kim Il Sung, as a means of whipping out the entire families of political dissidents under the theory that if one person commits crimes against the state their offspring will as well. Under this system children born in the late 20th or even the 21st century may remain in prison for the alleged crimes of their grandparents. Shin, A survivor of North Korea’s Camp 14 stated that he had no idea why he was in prison or even that the outside world existed. “Because I was born there, I just thought that those people who carry guns were born to carry guns and prisoners like me were born as prisoners, he said.”

An estimated 150,000 North Koreans are detained under the regimes inhuman labor camp system. The North Korean state has never acknowledged that prisons camps exist in the country but survivors have relayed horrific stories of starvation, fearsome labor, torture, rape and murder through public execution. Under the “three generations of punishment” regime entire generations are born, live and die in these horrifically inhuman prisons. Last year Amnesty international released satellite images purportedly showing evidence of existence and even the expansion, including the construction of new housing blocks and production facilities, at two of the isolated regime’s largest camps or “kwanliso,” Camp 15 and Camp 16. Both prison camps are used to hold political prisoners. “The gruesome reality of North Korea’s continued investment in this vast network of repression has been exposed,” said Rajiv Narayan, Amnesty International’s East Asia Researcher. “We urge the authorities to immediately and unconditionally release all those prisoners of conscience held in political prison camps and close the camps immediately.”

For more information please see:

Al Jazeera – North Korea Frees Two Detained US Citizens – 9 November 2014

The Washington Post – U.N. Human Rights Report Says it’s Time to Hold North Korea to Account — In Court – 28 October 2014

CNN International – Photos Show Scale of North Korea’s Repressive Prison Camps — Amnesty – 4 December 2014

CBS News – Horrors Revealed At North Korean Prison Camp – 30 November 2012

U.N. Tries to Refer North Korea Human Rights Cases to ICC

By Hojin Choi
Impunity Watch Reporter, Asia

PYONGYANG, North Korea – Japan and the European Union circulated a draft resolution encouraging the U.N. Security Council to refer potential human rights violations in North Korea to the International Criminal Court (ICC). The draft resolution is based on a 372-page report from the U.N. Commission of Inquiry on North Korea, led by chief author, Michael Kirby, a retired Australian judge.

The report described wide-ranging human rights abuses, including torture, starvation, rape, enslavement and killing that could only be described as “extermination.” The report also highlighted prison camps, alleged to be political detention facilities holding some 120,000 individuals. The North Korean regime has vehemently denied the existence of any such facilities.

43 U.N. member-states have signed on in support of the draft resolution. The resolution will be discussed in the General Assembly’s Third Committee, which generally deals with human rights issues. While no members of the General Assembly hold a veto power, unlike the Security Council, the General Assembly does not have authority to issue legally binding orders.

This is the first time that any member-states have moved to refer the North Korea case to the ICC. The coalition was built largely on support from the United States. John Kerry, the U.S. Secretary of State, made a bid to raise the profile of human rights issues in North Korea. The U.S. Ambassador to the U.N. presented an award to Michael Kirby in a display of gratitude and support for the draft resolution and its findings. Kirby urged the member-states to push the Security Council to refer the case to the ICC.

“The truth in this report is very concerning to the world community, and your country has to face up to it,” Kirby proclaimed.

China and Russia, two of the fifteen member-countries of the Security Council, will likely use their vetoes against any attempts to refer the case to the ICC. The Foreign Ministry Spokesperson for China, Hua Chunying, said during a daily news briefing, “we believe that for the issue of human rights, referring a case to the ICC is not helpful to improving a country’s human rights situation.”

Kirby, anticipating China’s veto, commented that “we [will] continue to [work] in hopes that China, as a great power, will act as a great power should.”

North Korea refused to admit to any of the allegations contained in the report. North Korea’s Deputy U.N. Ambassador, Jang Il-hun, said that “in my country we don’t even know the term ‘political prisoners.” He warned that North Korea would take countermeasures against any efforts to charge the leader, Kim Jong-un, with human rights violations at the ICC.

On October 15, North Korea circulated another draft resolution calling for “an end to the practice of calling into question the human rights situation of specific individual countries.” About 60 U.N. member-states attended the meeting.

Kim Song, center, of North Korean mission alleged at the United Nation’s meeting that there has been “a political conspiracy by the United States and hostile forces” (AP)

North Korea also insisted that the country has improved its human rights situation by providing a “free, compulsory educational system” and “free medical care.” It said the report was based on “wild rumors” spread by “hostile forces.”

Even though the General Assembly resolutions have almost annually criticized human rights situations in North Korea, Iran, Myanmar, and Syria, this is the first time such a resolution has recommended referral to the ICC.

For more information please see:

The New York Times – Coalition Seeks to Send North Korea to International Court Over Rights Abuses – 25 October 2014

Reuters – At U.N., China asked to back rights case against North Korea – 26 October 2014

The Korea Times – Pyongyang challenges UN’s accusation of human rights violations – 26 October 2014

Reuters – U.N. draft urges ICC referral for North Korea, but Pyongyang fights back – 9 October 2014

The New York Times – North Korea Challenges U.N. Report on Violations – 20 October 2014

E-Waste: Out Of Sight Out Of Mind and Into China’s Environment

By Kathryn Maureen Ryan
Managing Editor, Impunity Watch

BEIJING, China – Every year the newest high-tech “must haves” hit the stores. From tablets to smartphones these devices are updated constantly. Manufacturers add new features, often barley changing the design or functions of the device itself, to make the new product more desirable and the model design somehow obsolete. Consumers come in droves to buy the newest smart-devices in developed countries often never seeing what will happen to their discarded devices when they trade in the old for the new. The undesired electronics are called E-waste. The process of recycling E-waste in developing countries like china is extremely hazardous, putting workers, local residents and the environment at risk in towns where E-waste recycling is being carried out.

Women work in a Guiyu warehouse stripping remote controls of their circuit boards. (Photo courtesy of The Khaleej times)

The town of Guiyu in China is perhaps the E-waste capital of the world. Mountains of discarded electronics, from remote controls and stereos to televisions sets and telephones, fill warehouses and spill out into alleyways. Workers strip the plastic devices of their circuitry to attempt to recycle the devices or retrieve the precious metals like gold and copper found within to resell. The industry comes at a high environmental cost for the community and the surrounding environment. Workers who burn circuit boards and plastic to attempt to retrieve precious metals suffer from a high degree of exposure to dangerous chemicals and heavy metals. Heavy metal contamination has turned the air and water toxic, and children have high lead levels in their blood, according to a study published in August by researchers at Shantou University Medical College. Plastic often ends up flooding the local watershed, polluting the water and destroying local ecosystems.

Over the past few decades, most of the e-waste entering Guiyu came from outside of china, often coming from developed countries in Europe and North America. However, in recent years western counties have been making a greater effort to recycle their own electronic waste. However, the Chinese domestic supply of e-waste is surging and much of it will continue to end up in Guiyu.

According to the United Nations University’s Solving the E-waste Problem (StEP) Initiative China currently generates 6.1 million metric tonnes of e-waste a year, compared with 7.2 million for the United States and 48.8 million worldwide. E-waste production in the United States has increased by 13% over the past five years while China’s has nearly doubled, at that rate China will surpass the Unlisted States as the biggest producer of e-waste as early as 2017.

“Before, the waste was shipped from other parts of the world coming into China — that used to be the biggest source and the biggest problem,” said Ma Jun, director of the Institute of Public and Environmental Affairs, one of China’s foremost environmental NGOs. “But now, China has become a consuming power of its own,” Ma said. “We have I think 1.1 billion cell phones used, and the life of our gadgets has become shorter and shorter.” “I think the wave is coming,” he continued. “It’s going to be a bigger problem.”

The environmental and health concerns of e-waste processing largely go ignored by the Chinese government and the industry remains poorly regulated. “From the government’s perspective, e-waste gathering and processing is important for the local economy,” said Lai Yun, a Greenpeace researcher. “Research has shown that 80 percent of households are involved in this work. So, if they don’t expand this industry, these residents will need some other kind of employment.” An estimated 80,000 of 130,000 residents Guiyu work in the poorly regulated industry.

“People think this cannot be allowed to go on,” said Leo Chen, 28, a financial worker who grew up in the town of Guiyu. While he said the situation is better today than a decade ago, the long-lasting impacts of environmental degradation remain. “In my memory, in front of my house, there was a river. It was green, and the water was very nice and clear,” he said. “Now, it’s black.”

For more information please see:

Salon – Fast, Cheap And Out Of Control: How Hyper-Consumerism Drivezs Us Mad – 2 November 2014
Business Insider – E-Waste Inferno Burning Brighter In China’s Recycling Capital – 28 October 2014
The Japan Times – Chinese Capital Of Recycling Electronic Waste Is Booming, But At A Cost To The Environment And Locals’ Health – 28 October 2014
Khaleej Times – E-Waste Inferno Burning Brighter In China’s Recycling Capital – 28 October 2014

Christian Pakistani Woman Sentenced to Death Appeals the Case to the Highest Court

By Hojin Choi

Impunity Watch Reporter

ISLAMABAD, Pakistan – Asia Bibi, a Christian Pakistani woman, is taking her blasphemy case to the highest court of Pakistan. She was sentenced to death in 2010 for allegedly making derogatory expressions about the name of the Prophet Mohammed while having an argument with her Muslim co-workers. An intermediate level court rejected her appeal and upheld the decision.

Bibi is a mother of five and a resident of Punjab province in Pakistan. In 2009, she had an argument with her fellow workers. According to her, the workers refused to drink water in a bucket because she was not Muslim and because she had touched the bucket of water. She was arrested and accused under the blasphemy law which can impose death or life imprisonment according to Pakistan’s penal code. She had been jailed more than a year and sentenced to hang. In 2010, the Lahore High Court upheld the decision.

Bibi’s attorney, Naeem Shakir, told CNN that “there is no concrete evidence against Asia Bibi, and the courts are only relying on the statement of those two women, [the fellow workers.]” The attorney expected the Supreme Court’s relief for Bibi.

Daughters of Asia Bibi standing in front of their house with a photo of the mother (Reuters)

The blasphemy law has been the center of a huge controversy domestically and internationally in the wake of Bibi’s case. In 2010, Pope Benedict XVI officially requested Bibi’s release. A group of human rights activists filed a petition to the U.N. Human Rights Council for her. Human Rights Watch pointed out that the law largely targets religious minorities in Pakistan and it is often manipulated to interfere with personal disputes. In fact, Bibi has been insisting that her fellow workers falsely incriminated her based on lies because they simply did not like her.

Amnesty International described her case as “a grave injustice.” The spokesperson said that she “should never have been convicted in the first place.” Amnesty International’s Deputy Asia Pacific Director, David Griffiths, added “those who speak out against the laws face terrible reprisals. However, the blasphemy laws violate international law and must be repealed or reformed immediately . . .”

There have been additional victims related to Bibi’s case. Shabaz Bhatti, who was Pakistan’s Minister of Minority Affairs, had investigated Bibi’s case and concluded that her charges were based on personal and religious enmity followed by a recommendation to release her. Bhatti also held a position against the blasphemy law. In 2011, she was assassinated by the Taliban as “a message to all of those who are against Pakistan’s blasphemy law.” Salman Taseer, the governor of Punjab province where Bibi is from, was killed by gun-shots from one of his own security guards. Accordingly, Taseer had opposed the blasphemy law and supported Bibi’s release.

Shakir, Bibi’s attorney, also expressed concerns about his own safety. During her trial, there were dozens of people who were against Bibi, and he did “feel threatened” even in the court.

Protesters demanding release of Asia Bibi (Reuters)

Spokesperson of Pakistan’s Presidential Office, Farahnaz Ispahani, delivered an opinion that Pakistan remains committed to protecting religious minorities. “Pakistan is a nation of many faiths and religions, and all Pakistanis, no matter what their religion, are equal under the law,” he said. He added that the president will issue a pardon “if necessary” after carefully examining the Bibi’s case. However, two prominent Muslim leaders of Pakistan threatened to call nationwide protests if the president pardons Bibi, “if the president pardons [her], we will raise our voices across the country until he is forced to take his decision back.”

For more information please see:

CNN – Pakistan president urged not to pardon Christian woman – 24 November 2010

CNN – Condemned Christian woman to take blasphemy case to top Pakistani court – 20 October 2014

Amnesty International – Pakistan: Upholding blasphemy death sentence against Christian woman ‘a grave injustice’ – 16 October 2014

Newsweek – Christian Pakistani Women Sentenced to Death Will Take Case to Highest Court – 23 October 2014

Philippines: The Last Country without Legal Divorce

By Hojin Choi

Impunity Watch Reporter

MANILA, Philippines – If people have a legal right to be together, they should be allowed to be legally separated. However, there is one country left in the world that has not yet granted a lawful right of divorce. In Philippines, legalization of divorce is still a controversial issue, and a recently filed bill ignited the nation’s dispute once more.

Divorce is not a new concept in Philippines, but the procedure for obtaining one is too restrictive for average individuals to proceed with. Filipino Congresswoman Luzviminda Ilagan is the representative of the Gabriella Women’s Party and a co-author of the divorce bill. The proposed bill “would be the empowerment of women, particularly the poor,” she said. The purpose of the bill is to promote efficiency within the divorce process by making it quicker and cheaper. It is expected to reduce 30-40% of the current costs of legal separation or annulment.

Congresswoman Luzviminda Ilagan, the co-author of the divorce bill, says the bill will improve rights of low-income women in Philippines (AKP Images)

In Philippines, 28% of its total population is classified as “extremely poor.” These people live off less than $1.25 a day. About 40% of the population survives on a meager $2 each day. Therefore, as people need at least $4,000 to end their marriage legally, most people of low-income have no means to get divorced.

Paolo Yap, a graphic designer in Manila, told the Washington Post that he needed $6,700 to hire a lawyer for counseling in his divorce issues, and he eventually dismissed the lawyer because there would be additional costs, at least twice as much. “You know, it’s only about [$2,000 – $3,000] to hire a hit man to kill your spouse” in Philippines, he added as a joke.

Another barrier to the divorce process is the nation’s religious background. Divorce had been legal in Philippines until the enactment of the 1949 Civil Code. Professor Solita Monsod, from the University of the Philippines, explained that the legal prohibition was based on religious grounds. “It is because of a very powerful and conservative church hierarchy, and the dominance of very conservative segments of the Catholic laity,” he said.

The Catholic Church in Philippines officially denounced the bill. “We are opposed to legislation which would enable the state to break the marriage bond so that the couple can each remarry,” said Bishop Teodoro C. Bacani Jr. He also expressed a unique view toward domestic abuse cases. When there is a violent husband who abuses his wife and when divorce is legally allowed, then the man “is free to marry another woman and continue the abuse.” He argued that people could choose to be separated instead of getting a legal divorce.

The law of Philippines is more generous to people who observe other religions in terms of divorce. For example, the law allows legal divorce to Muslims, who constitute 11% of the population.

A number of news media outlets pointed out problems relating to Filipino workers abroad. The Philippines government encourages people to work overseas and forces them to live apart from their family. 70% of those workers are female. Therefore, the women in Philippines, especially who have low or no income, are more vulnerable in the current legal system.

Even though the bill has support in the Congress, it also faces strong opposition. Congressman Elpidio Barzaga Jr. insisted that a strong family makes a strong society, and the strong society will lead to a strong nation.

“We can have this only if there are laws that solidify and strengthen it,” Barzaga announced in opposition to the bill. He also added that “marriage is not merely a personal contract between husband and wife, it is a social institution which public policy cherishes and protects.”

For more information please see:

The Washington Post – World’s last legal ban on divorce doesn’t keep Philippines couples together – 10 October 2014

CNN – The fight to make divorce legal in the Philippines – 6 October 2014