By Irving Feng
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Cambodian land rights activist and journalist, Mam Sonando, was sentenced to a 20 year jail term by the Phnom Penh court for allegedly inciting a mass rebellion against the central government.

 

A well-known critic of the current Cambodian prime minister and political administration, the 71 year old Sonando was accused of urging villagers in the eastern Kratie province to take up arms as part of a greater coup.  Hun Sen, the Cambodian prime minister, believes that Sonando was attempting to secede and establish his own separatist state with the rebelling villagers.

Sonando and his supporters have denied all allegations, and he has maintained his plea of not guilty despite being handed a guilty verdict by the panel of three judges in the Phnom Penh court.  The insistence by the central government of the existence of an actual rebellion is alleged to be mere puffery.  It is believed, by Sonando and his supporters, to be a political move to silence critics and keep the current abuses of the administration quiet.

The current administration has been known to forcibly evict Cambodian citizens from their land.  The central government’s alleged aim is to usurp private citizens’ lands and utilize it for agricultural purposes.  Industries, such as rubber, sugar, and mineral exportation, has exploded in recent years.  Cambodia has enjoyed quite an economic boom which has led to the current land disputes and possible abuses in basic land rights of private citizens.

From a special report by the U.N. Human Rights Council, Cambodia’s population is growing increasingly “desperate and unhappy” over the abuses by their government.  The government has been believed to be using these land grabs as a tool of repression.  A leading environmental campaigner and journalist, who had been reporting on issues such as the current land disputes, was found dead in the trunk of a car.

Last May, clashes between protestors and the central government’s armed forces over land disputes lead to the death of a 14 year old girl in Kratie.  Sonando has, now, been found guilty of assisting these villagers and inciting rebellion among their ranks.  His supporter’s have, however, believed that his recently found guilt and impending incarceration is a victory.  They now have possible direct evidence of abuses by the government, such as prosecuting baseless claims against government critics and activists.

The EU has been under immense pressure to freeze tariff free exports from Cambodia.  The tariff free exportation has, perhaps, contributed to the recent economic boom which has tempted the central government to forcibly and illegally steal land from private citizens.  The EU has also issued a statement doubting the legitimacy of the Cambodian courts.

 

For further information, please see:

BBC – Cambodia jails journalist Mam Sonando over ‘plot’ – 1 October 2012

International Business Times – Myanmar Revisited? Cambodian Pro-Democracy Activist Jailed For 20 years – 1 October 2012

Reuters – Cambodia rights activist jailed 20 years on disputed conviction – 1 October 2012

The Phnom Penh Post – Activist Mam Sonando gets 20 years – 1 October 2012

By Karen Diep
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – On Monday, the Menki Farm displacement camp’s remaining 1,160 Sri Lankan Tamils departed.  At one point, the Menik Farm lodged 300,000 people and was considered the world’s largest camp for internally displaced people (IDP).

In 2009, the Sri Lankan government opened the 700-hectare Menik Farm in northern Sri Lanka as an IDP location.

According to Reuters, after approximately three years succeeding the Sri Lankan civil war, authorities have closed Menik Farm, which previously housed tens of thousands of war-affected civilians.  When it the displacement camp shut down on Monday, there were 346 people left.

Although the United Nations (UN) has approved of the closing of the displacement camp, it cautioned that many still need help to restore their lives.

“This is a milestone event towards ending a chapter of displacement in Sri Lanka some three years after the civil war which ended in May 2009,” said Subinay Nandy, the United Nations’ humanitarian coordinator in Sri Lanka, this past Tuesday.

According to BBC, some are “left in the jungle” with no resources to rebuild their homes and lives.  One hundred and ten (110) families from Keppapilavu village said that they were prevented from returning home and were subsequently redirected to patches of vacant jungle area instead.

However, Sri Lanka’s army spokesman Vijtha Ravipriya rejected such claims and believed that most people were “very happy” with the help they received from the army.  “People have to go to their villages. The military is helping them renovate and reconstruct their homes so the people are very happy,” said Mr. Ravipriya.

Furthermore, erected army camps were only designated on government land.  “I categorically reject the complaints.  Some areas are no-go to prevent unnecessary accidents.  There are only very limited areas of army camps and they are on government land,” continued Mr. Ravipriya.

Gajendrakumar Ponnambalam, a politician from the small and radical Tamil National People’s Front party has been publicizing the situation of the displaced persons.  “The government hurried to empty the Menik Farm camp because of the universal periodic review on Sri Lanka’s human rights situation coming up soon in Geneva,” Mr. Ponnambalam relayed to BBC.

Civil society activists estimate that about 26,000 people remain displaced by military occupation of their land in Sri Lanka.

For further information, please see:

Tamil News – Sri Lanka: Displaced Tamil families ‘left in jungle’ – 28 September 2012

BBC – Sri Lanka: Displaced Tamil families ‘left in jungle’ – 27 September 2012

United Nations High Commissioner for Refugees – Sri Lanka’s displacement chapter nears end with closure of Menik Farm – 27 September 2012

Reuters – U.N. welcomes closure of controversial Sri Lankan “war” camp – 26 September 2012

 

By Karen Diep
Impunity Watch Reporter, Asia

MANILLA, Philippines – The Filipino legislature introduced a new “cybercrime” law, Cybercrime Prevention Act of 2012, which will increase punishment for criminal libel.  Furthermore, it grants authorities the power to shut down Internet websites and monitor online traffic.

In the statute, a section states that criminal libel apples to conduct “committed through a computer system or any other similar means which may be devised in the future.”

According to Business Mirror, the labor group Kilusang Mayo Uno (KMO) believes that the law “will not curtail freedom of expression and of the press, but will also allow the government to bring down web sites [sic], blogs[,] and social networking sites with ‘libelous’ contents.”

The “cybercrime” law augments the minimum punishment from six (6) months to six (6) years with the potential of the maximum punishment of twelve (12) years, doubling the minimum.

According to the Guardian,  Human Rights Watch (HRW) believes that the punishment for Internet libel is a blatant and grave threat to freedom of expression, specifically, freedom of press.

“The cybercrime law needs to be repealed or replaced,” urged Brad Adam, HRW’s Asian Director.  “It violates Filipinos’ rights to free expression and it is wholly incompatible with the Philippine government’s obligations under international law.”

Recently, a number of journalists in the Philippines have been imprisoned for libel.  For example, radio journalist Alexander Adonis, convicted five (5) years ago, spent two (2) years in jail.

In regards to Mr. Adonis’s case, the United Nations Human Rights Committee (UNHRC) concluded that the Filipino government violated the international covenant of political and civil rights.

For further information, please see:

Guardian – Philippines law threatens press freedom – 28 September 2012

National Inquirer – ‘Cybercrime Prevention Act unconstitutional’ – Senator Guingona – 27 September 2012

Business Mirror – Law vs cybercrime to curtail press freedom-groups, senator – 25 September 2012

National Union of Journalists – Cybercrime law threatens freedom of expression – 18 September 2012

 

 

By Irving Feng
Impunity Watch Reporter, Asia

BEIJING, China – A Chinese court upheld the decision to impose a 15 million yuan, roughly $2.4 million, tax fine against Ai Weiwei in an alleged attempt to silence the activist’s dissidence.

Ai has experienced a host of troubles with the Chinese government due to his activism including a three month detention last year.  He was held without cause for 81 days, sparking international opposition to his detention because of the implications of a possible human rights violation.

Ai’s latest troubles, the tax fines imposed upon him and his company Beijing Fake Cultural Development Ltd, has gone through several appeals without any relief in sight.  The latest appeal in the Chaoyang District Court was Ai’s last hope to overturn the Beijing tax agency’s tax fine.

Beijing Fake Cultural Development is the company which produces Ai Weiwei’s art and designs.  The Beijing tax agency is alleging that the company owes millions in back taxes, and the tax fine was imposed due to the back taxes and past tax evasion perpetrated by the art firm.  Throughout his five month long battle with the tax agency, Ai has denied all claims of owed back taxes and tax evasion by himself and his company.

Ai alleges that the Chinese legal system is “barbaric and backwater” because they have consistently failed to properly follow basic procedures and repeatedly denied him his legal rights.  The court was required to notify Ai of its ruling in writing three days before the public announcement, but the only notification the court provided was a telephone call to Ai’s wife the day before the ruling was handed down.  Ai also alleges that he has yet to see any of the evidence that supposedly proves his and his company’s guilt.

Ai’s passport was also confiscated during his three month detainment, and it has yet to be returned to him.  The passport was supposedly set to be returned after Ai’s three month detainment in addition to a probationary period which ended in June.  The delay has directly hindered Ai’s ability to work since he is unable to travel outside of the country to attend his exhibitions and other work obligations abroad in Washington, New York, and Berlin.

Ai and his supporters allege that the claims against him are complete fabrications brought by the government due to AI’s role as an outspoken critic of the government in China.  He believes that the government is attempting to quell more of the rising dissidence in the country, using the inherently unfair justice system as its attack dog to silence any opposition.

Ai, however, says that this tax fine will do little to silence him.  He has gotten thousands of donations from supporters to help him pay prior fines and expenses throughout his ordeal with the tax agency.  Ai has also refused to pay the remainder of the tax fine claiming that the actions of the government are disgraceful and, perhaps, a clear violation of the basic rights of citizens.

 

For further information, please see:

BBC – China artist Ai Weiwei court challenge fails – 27 September 2012

The Guardian – Ai Weiwei loses appeal against $2.4m tax fine – 27 September 2012

International Business Times – Chinese court upholds fine against dissident Ai Weiwei – 27 September 2012

Reuters – Chinese court upholds fine against dissident Ai Weiwei – 27 September 2012

Taiwan News – China’s Ai Weiwei loses appeal against tax fine – 27 September 2012

By Karen Diep
Impunity Watch Reporter, Asia

KATHMANDU, Nepal – Today, the Communist Party of Nepal (CPN) Maoists implemented a ban on the screening of Hindu films and automobiles bearing Indian license plates in ten (10) districts of the country.

In June of this year, the CPN split from the ruling Unified Communist Party of Nepal and thus, districts in the Tamsaling state committee are now within the CPN’s jurisdiction.

According to Hindu Times, Nepal’s state-owned news agency, Rastirya Samachar Samiti, confirmed the ban’s enactment.

This ban will be enforced for two months until November 25th with the following districts affected: Chitwan, Dhading, Kavre, Rasuwa, Nauwakot, Sindhuli Makwanpur, Sindhupalchowk, Ramechap, and Dolakha.

According to Nepal News, CPN spokeswoman Pampha Bhusal said that the ban’s aim is to “promote economic development based on national independence, protection to local employment opportunities, utilisation of Nepali investment and in view of obstruction on the operation of Nepali’s transportation means in India.”

“Our party has also decided to ban Indian films that defame and disrespect Nepal and Nepalis, promote obscenity and spread cultural pollution,” read CPN’s statement.

Furthermore, senior CPN-Maoist leader Dev Gurung believed that the prohibition of Hindu movies and songs will promote Nepali films and songs. 

Because the CPN uncovered that many automobiles with Indian plates transported agricultural goods from India, it implemented its ban against such vehicles to increase the domestic produce market.  However, said automobiles are still permitted to use Nepal’s roads with the caveat of paying daily nominal charges at border check points, where temporary license plates are issued.

Moreover, the reason behind the automobile is twofold.  According to Nepal News, India first banned automobiles bearing the Nepalese plates.

“This is unfair. We should not allow Indian-plate [sic] vehicle in Nepal until India allows Nepali vehicles, shared a spokeswoman from Nepal News.

Though some broadcast media stations have requested the ban to be lifted, two districts, Chitwan and Makawanpur, have ceased playing Hindi songs.

Kathmandu’s Indian embassy has chosen to not react to the ban at the moment.

For further information, please see:

Economic Times – CPN-Maoist bans Hindu films, Indian vehicles in 10 districts – 26 September 2012

Hindu Times – Breakaway Maoist faction in Nepal bans Indian vehicles, films, music – 26 September 2012

Indian Express – CPN-Maoist bans Hindu films, Indian vehicles in 10 districts – 26 September 2012

Nepal News – CPN Maoist declares nationwide ban on Hindu movies, Indian plate vehicles – 26 September 2012