Asia

NATO Denies Involvement in Civilians’ White Phosphorus Burns

By Shayne R. Burnham
Impunity Watch Reporter, Asia


KABUL, Afghanistan
– Human rights organizations condemn the use of the chemical white phosphorus by NATO in the battles against the Afghan Taliban.  An 8 year old civilian suffered severe burns to her face and neck on March 14, 2009 in Alahsay district in eastern Kapisa Province.  The girl is currently stationed at a U.S. military base in Bagram where medics found white phosphorus on her face and neck.

“White phosphorus causes horrendous burns and should not be used in civilian areas,” said Marc Garlasco, senior military analyst at Human Rights Watch. “NATO should immediately make public the results of its investigation into this incident.”

Chemicals such as white phosphorus is typically used to provide light during the night, to create smokescreens to hide military operations or burn buildings. Uses such as these are not prohibited by international treaties.  Yet to prevent future civilian casualties and injuries, human rights groups declare that utilizing such a chemical in densely populated areas violates international humanitarian law, and should be prohibited.

Colonel Gregory Julian, a spokesman for the commander of U.S. and NATO forces in Afghanistan, confirmed that Western forces indeed use the chemical. He stated, “it is used on the battlefield in certain applications. . .  It is used as an incendiary to destroy bunkers and enemy equipment; it’s used for illumination.”

However, the victim’s father, Aziz Rahman stated that a shell fired by NATO forces landed on his home.  “(Western) troops were on the road, the Taliban were on the mountain and we were at the house, sandwiched between them. When the Taliban began retreating, they fired artillery at them, 12 rounds. One hit my house,” he said.

A NATO spokesperson denies allegations that it was NATO forces that caused these injuries.  Officials state that no shots were fired that could have landed on the victim’s home, but never deny that white phosphorus was used.  Instead, they suggest that insurgents may have been responsible.  The international Security Assistance Force released a report indicating that insurgents used white phosphorus on four occasions since December 2007.

Yet, Defense Ministry spokesman Azher Murad said, “I am not aware that the Taliban have used this is any of their attacks.”

NATO is currently conducting investigations into the matter.  Human rights groups call for the immediate release of the results.

For more information, please see:

Associated Press – Afghan Rights Group Probes Civilians’ Burns, US Militay Denies Using White Phosphorus – 10 May 2009

Human Rights Watch – Afghanistan: NATO Should ‘Come Clean’ on White Phosphorus – 8 May 2009

Reuters – Exclusive: Afghan Girl’s Burns Show Horror of Chemical Strike – 8 May 2009

U.S. Airstrike Kills Afghan Civilians

By Shayne R. Burnham
Impunity Watch Reporter, Asia

KABUL, Afghanistan – On Wednesday, President Barrack Obama met with Afghan and Pakistan presidents and reaffirmed the U.S.’s commitment to defeating the al Qaeda while minimizing civilian casualties in Afghanistan.

“[L]et me be clear — the United States has made a lasting commitment to defeat al Qaeda but also to support the democratically elected sovereign governments of both Pakistan and Afghanistan. That commitment will not waiver and that support will be sustained.” Obama said in a statement.

However, U.S.-led airstrikes in the Farah province in southern Afghanistan on Monday and Tuesday resurrected Karzai and Zardari’s fears of violence among his citizens.  The Red Cross stated that dozens of civilians were killed.  Meanwhile, local officials say that at least 100 have perished.

The airstrike occurred in two villages over several hours.  In a joint investigation by the U.S. and Afghanistan into the number of casualties revealed that “villagers had taken refuge in a number of houses in each village. Reports also indicate that Taliban fighters deliberately forced villagers into houses from which they then attacked ANSF (Afghan security forces) and Coalition forces.”

The team confirmed that “a number of civilians were killed” but could not determine the number of casualties between militants and civilians since the bodies were buried.  The investigations are continuing.

The U.S. dismissed accusations that more than 100 civilians were killed, placing the blame on militants who used villagers as “human shields.”

“We deeply, deeply regret that loss,” U.S. Secretary of State Clinton said of the civilian deaths.  She expressed that despite the deaths, much progress resulted from the meeting with Afghanistan and Pakistan.

On Friday, Karzai urged the U.S. to put a stop to the airstrikes.  He said “we cannot justify in any manner, for whatever number of Taliban, for whatever number of significantly important terrorists, the accidental or otherwise loss of civilians.”

For more information, please see:

Associated Press – U.S.-Afghan Probe Confirms Civilian Deaths in Battle – 9 May 2009

BBC News – Afghan Death Toll Not Confirmed – 9 May 2009

Reuters – U.S. Committed to Defeating al Qaeda – 7 May 2009

Sri Lankan Journalist Vithyatharan Released

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – The Colombo Magistrate Court released journalist N. Vithyatharan from jail on April 24.  He was arrested on February 26 for alleged ties with the Liberation Tigers of Tamil Eelam (LTTE), a separatist group fighting the government.

Vithyatharan publishes two Tamil-language daily newspapers, Uthayan in Jaffna in the northern part of the country and Sudar Oli in Colombo.

He was arrested in connection with a February 20 air attack on Colombo by two Tiger planes.  The attack killed 3 people and injured 43.

“[N.] Vithyatharan has been a respected journalist for more than 25 years in Sri Lanka,” said Bob Dietz, CPJ’s Asia program coordinator. “The nature of his arrest and the allegations that he was somehow involved in an aerial attack on Colombo only point to governmental repression of critical reporting. We are concerned that like other arrested journalists he will be held for lengthy period, and hence we call for his immediate release. The forced arrest is a tactic we have seen before in Sri Lanka.”

A two month investigation by the Colombo Criminal Division (CCD), which included searching through Vithyatharan’s phone calls and bank accounts, failed to produce any evidence.

Reporters Without Borders and other press freedom organizations welcome Vithyatharan’s release and hope that the episode will open the door for other wrongfully detained journalists. “The decision of the justice system to release N. Vithyatharan is good news which should, we hope, open the way to the release of another Tamil journalist J.S. Tissanayagan, who has been held for more than a year without evidence against him, said Reporters Without Borders.

“The fact he has been completely cleared by the security services is very positive. It seems important today that officials, including Defense Secretary Gotabaya Rajapaksa, should accept the consequences, and apologize for the accusations made against the journalist,” it added.

In an interview, Defense Minister Gothabaya Rajapakse accused Vithyatharan of being a terrorist, stating, “He was implicated in a recent air raid. If you try to shield this person, you will have blood on your hands. And if someone says that he was arrested for his journalistic activities, then he will also have blood on his hands.”

For more information, please see:

Committee to Protect Journalists – Tamil Editor Arrested in Sri Lanka – 26 February 2009

Reporters Without Borders – Reporters Without Borders Welcomes the Release of N. Vithyatharan – 24 April 2009

Tamil National – Sudar Oli Chief Editor N. Vuthyatharan Released – 24 April 2000

War with Taliban Displace Thousands of Civilians in Pakistan

By Shayne R. Burnham
Impunity Watch Reporter, Asia


ISLAMABAD, Pakistan
– According to a Pakistani NGO Al Khidmat, over 65,000 civilians have been displaced by the fighting between the Taliban and government forces in Lower Dir district of the North West Frontier Province, Pakistan.  Al Khidmat has been helping these people without assistance from the government.

“There is no sign that the central Pakistan government has prepared for the exodus of civilians,” said Sam Zarifi, Amnesty International’s Asia-Pacific director. “As the military operations spread, most likely to Swat next, the government has to ensure that the fleeing civilians have adequate food, shelter, and healthcare.”

The hospital in Timergara has reported that 13 civilians have been killed as a result of the fighting.  Eyewitnesses say that over 30 houses have been destroyed.  Casualties and damage have been the result of helicopters gunfire and heavy artillery that have been fired upon the village.

“Jets dropped bombs three times,” said a villager. “There was smoke and dust; I could not tell if they hit houses. We packed our things and then started moving because we thought they might hit us as well.”

Yet the number of civilans displaced is growing, especially due to the government’s offensive launched to recapture the neighboring Buner district from Taliban control.

Despite the number of casualties and property damage, civilians are grateful for the military’s presence.  “People are happy with the operation because the government gave them a deadline to leave and the people are saying that the Taliban really want to take over Tarbela Dam and Islamabad,” said Yaqoub Khan, a local farmer.  “If they had not come, the Taliban would have established positions here in this village by now,” he said.

General Abbas said that the army was concerned about the civilians. “Our constraint is that we are launching an operation in an area where militants have held the local population hostage,” he said. “We are trying to ensure there is minimum collateral damage and minimum displacement of local people.”

For more information please see:

Amnesty International – Pakistan Displacement Crisis Worsens as Fighting Spreads – 30 April 2009

Business Standard – Swat Peace Deal ‘Practically Dead’ Say Taliban – 1 May 2009

New York Times – Civilians Flee as Pakistani Forces Hit Resistance – 29 April 2009

Humanitarian Disaster in Sri Lanka

By Ariel Lin
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – The civil war between the Sri Lanka government and Tamil Tiger separatists is creating a humanitarian disaster.  According to aid workers, more than 100,000 civilians have fled the territory controlled by the rebel group while the Sri Lanka military blasted an earthen barricade on Monday.  However, another 50,000 civilians remain trapped in the war zone facing starvation.

“The civilian population in the Liberation Tigers of Tamil Eelam (LTTE)-controlled Mullitivu coastal areas are faced with serious crisis due to the deliberate denial of food and other humanitarian supplies by the Sri Lankan Government,” the LTTE Political Office said in a statement.

News reports have showed the Tamil Tigers refusing civilians to leave, and they are shooting at those who try to escape.  Furthermore, the United Nations and the G8 have accused the rebel group of using civilians as human shields, and forcibly recruiting people to fight. The G8 called for a stop to the fighting to save the civilians.

The United Nations sent John Holmes, the U.N. Under-Secretary General for Humanitarian Affairs, to Sri Lanka to push for more protection for civilians.  John Holmes described the situation as “very dire” and called for a stop in the fighting to preserve of the lives of the tens of thousands of civilians. The U.N. Security Council urged the Sri Lanka government to allow a humanitarian assessment team in, but Colombo rejected.

The international community is deeply concerned about the rising death toll and reports of humanitarian law violations.  “The EU strongly condemns the killings of civilians and calls on all parties to take all necessary action to avoid further civilian casualties,” the European Union said in a statement.

Internal United Nations tallies say that since the end of January, nearly 6,500 have been killed in fighting. The flood of refugees threatens to overload the existing facilities, aid agencies have warned.  However, the rebel group has vowed no surrender and the government rejected calls to stop the fighting.

For more information, please see:

AP – Rebels warn of starvation in Sri Lanka war zone – 25 April 2009

BBC – Anticipating an end to Sri Lanka’s war – 25 April 2009

Reuters – ReG8 condemns use of “human shields” in Sri Lanka – 25 April 2009

Voice of America – Tamil Tigers Claim 150,000 Civilians on Brink of Starvation – 25 April 2009

Washington Post – U.N. dispatches top humanitarian to Sri Lanka – 25 April 2009