News

Pending Expansion of Magnitsky Act Increases Pressure on Russia

By Kyle Herda

Impunity Watch Reporter, Europe

WASHINGTON, D.C., United States – The U.S. Senate Foreign Relations Committee approved a new Global Magnitsky Bill (S. 1933) that strengthens and expands an earlier legislation targeting Russia.

Sergei Magnitsky’s grave in Moscow. Circumstances surrounding his death in 2009 led to the US passing the Magnitsky Act. (Photo courtesy of BBC)

In December 2012, the Magnitsky Act passed, allowing targeting of individuals in Russia who were related to the case of Sergei Magnitsky. Mr. Magnitsky was a Russian lawyer working for the Hermitage Fund who investigated into and testified against top police officials in Russia for embezzling $230 million in taxes. Mr. Magnitsky was later arrested and sent to prison without trial, and he died nearly a year into his time in prison due to poor health in questionable circumstances.

A few months after passing the Magnitsky Act, 18 names were released in connection with Mr. Magnitsky’s death. On May 20, 2014, the US Treasury Department sanctioned another 12 Russian individuals pursuant to the Act due to their involvement in the detention, abuse or death of Mr. Magnitsky.

On June 24, 2014, the U.S. Senate Foreign Relations Committee voted to globally expand the provisions of the Russia-centered Act. The new bill, the Global Magnitsky Human Rights Accountability Act, would bar human rights violators from all around the world from entering into the United States. Further, it would prohibit these violators from using U.S. financial institutions. U.S. Senators Ben Cardin (Democrat-Maryland) and John McCain (Republican-Arizona) drafted the bill.

Now that the bill has passed the Senate Foreign Relations Committee vote, it will go to the Senate floor to be voted on. Should it pass that vote, the House of Representatives will hold a vote on the bill. Finally, the bill would go to President Obama to sign before enactment.

This bill, if enacted, would be another weapon for the United States in the fight against human rights violations, but now expanded globally rather than just for the narrow issue concerning the Magnitsky death. This global expansion could also have a profound effect on Russia, as Russia already has 30 names on the list solely from the Magnitsky death. This increased financial pressure on Russia could prove to be an effective tool in negotiations between Russia and the United States or even Europe. Given the problems in Ukraine and disputes between Russia and the West, this bill would serve to further increase pressure on Russia to cooperate and negotiate with the West to come to peace along the eastern European border.

For more information, please see:

EU Reporter – Global Magnitsky human rights and anti-corruption bill approved by US Senate Foreign Relations Committee 1 July 2014

Radio Free Europe Radio Liberty – Global Version Of Magnitsky Act Adopted In Senate Committee 24 June 2014

Lexology – US sanctions 12 Russian individuals under Magnitsky Act 30 May 2014

The Washington Post – The man behind the Magnitsky Act explains why now is the time to go after the Russian elite’s assets 3 March 2014

Fiji’s Military Dictator Announces Democratic Elections

by Max Bartels

Impunity Watch Reporter, Oceania 

Savu, Fiji 

Fiji has been under the control of a military dictator since Rear Admiral Bainimarma seized power during a military coup in 2006. The island nation of Fiji has had a troubled political past with four military coups in the past decade. The international community has since put pressure on Fiji in order to push it toward democracy. Fiji is heavily reliant on tourism as a source of income and a stimulus for their economy. Both Australia and New Zealand introduced travel bans on Fiji in order to motivate political change in the country. The United Kingdom suspended Fiji’s Commonwealth Status, denying it the benefits of association with Great Britain.

IW #6 Fiji Elections
Bainimarma addresses the U.N ahead of the September elections
(Photo curtesy of news.com.au)

In March Bainimarma announced that he would be stepping down as dictator and stating that he will run for re-election as a civilian and a member of Fiji’s “First Party”, which he now supports. Bainimarma claims that his coup in 2006 was necessary to ensure the restoration of democracy and to purge the rampant corruption that plagued the previous Fijian government. He says that he now looks to implement his plan for a better Fiji by holding open elections. In the wake of these statements the international community has reacted positively, praising Bainamarma for his decision. The government’s of Australia and New Zealand have lifted the travel bans on the island nation. The United Kingdom has also said they will reinstate commonwealth status if elections are successful.

However, there are still many issues with the upcoming elections, while Bainimarma announces they will be free and democratic there are some troubling events that have happened behind the scenes. Fiji has a history of restraining human rights and free speech; after recent constitutional change the military government heavily restricted these freedoms. There were incidents last year where protesters protesting the new constitution were arrested for failure to have a permit. There are many other stories of the regime arresting human rights defenders, journalists and trade union leaders. Critics in the press are skeptical of the upcoming elections and say that Bainimarma’s actions have no real teeth and will not effect change.

Despite the many instances of limiting the freedoms of the Fijian people, Bainimarma is extremely popular amongst the voters. He has implemented policies such as free education, free transportation for children and price controls on staple foods, all of which have made the military leader popular amongst the lower socioeconomic classes. In addition to these policies he has greatly improved the infrastructure of the islands making him popular amongst the rural population as well. It remains to be seen whether the elections will affect change in Fiji but Bainimarma has stated his intentions, his campaign is popular and the election in September will show whether he is sincere or not.

 For more information, please see: 

Human Rights Watch — Rights Abuses Continue in Fiji — 9 April 2014

ABC Australia News Network — Fiji Welcomes Lifting of Travel Bans by Australia, NZ — March 31 2014

ABC Australia News Network — Frank Bainimarma Appears to have Widespread Support Ahead of Elections — 28 May 2014

The Telegraph — Fiji’s Military Dictator Swaps Uniform for Suit — 6 March 2014

Top Chinese Official Pays a Visit to Taiwan

By Brian Lanciault
Impunity Watch Senior Desk Operator, Asia

TAIPEI, Taiwan–China’s top official in charge of relations with self-ruled Taiwan said on Friday that he understood and respected the choices of its people.  He was met by noisy protests in the traditionally anti-China far southern region of the island.

Taipei Mayor Hau Lung-bin (left) and Yu Zhengsheng, chairman of the National Committee of the Chinese People’s Political Consultative Conference meet and discuss relations between the two nations. (Photo Courtesy of Focus Taiwan)

Zhang Zhijun, director of China’s Taiwan Affairs Office, is making his first trip to Taiwan, a visit marked by a highly unusual meeting with an opposition party stalwart and mayor of the pro-independence southern port of Kaohsiung, Chen Chu.

Protesters waved placards deriding Zhang as a “communist bandit”. Zhang’s atypical charm offensive in Taiwan stands in contrast to China’s ties with several other countries in Asia where territorial disputes have erupted over maritime boundaries. China has recently condemned people in the former British colony of Hong Kong, which returned to China in 1997, for pushing for greater democracy.

Chen has previously visited China and met Zhang there, spearheading efforts by the Democratic Progressive Party to engage with Beijing.  Such high-level meetings in Taiwan with opposition figures are practically unheard of.

“We know that Taiwan people cherish very much the social system and the life style they have chosen,” Zhang said after meeting Chen. “We in mainland China respect what Taiwanese people have chosen.”

China welcomes people from all parties to help improve relations across the Taiwan Strait, Zhang added, calling his talks with Chen “pleasant”.

China has claimed Taiwan as its own, to be taken by force if necessary, though the two have been ruled separately since defeated Nationalist forces fled to the island in 1949 at the end of the Chinese civil war with the Communists. China says it will not tolerate a de jure independent Taiwan. Many Taiwanese look anxiously, and perhaps fearfully, at China, where the ruling Communist Party remains unmoved by calls for political liberalization. Taiwan is a structured democracy after undergoing a democratic transition in the 1980s. Pride in democracy has helped to reinforce the unwillingness of many Taiwanese to be absorbed politically by China.

That sentiment is felt particularly keenly in Kaohsiung, one of the main heartlands of Taiwanese cultural identity and where, in 1979, rights activists held a pivotal rally which helped spark Taiwan’s eventual democratic transition.

“It’s been a very difficult journey that Taiwan has gone through in the past few decades,” Zhang said.

Chen, who was deeply involved in Taiwan’s struggle for democracy, said she explained to Zhang that the protests he may have witnessed were part of Taiwan’s political system.

“I told director Zhang that as soon as he arrived at the airport, he may have heard very different voices and protest. I said this is a very normal part of Taiwan’s democracy. I appreciate if he can understand that,” Chen said.

In 2009, China reacted angrily at plans to show a documentary about exiled Uighur leader Rebiya Kadeer, a woman China labels a dangerous separatist, at the Kaohsiung film festival, sparking a boycott of the city by Chinese tourists. At the time Chen shrugged off China’s complaints, saying it would harm Kaohsiung’s commitment to human rights if it gave in to Beijing.

Underscoring the depth of feelings in southern Taiwan, Zhang was met by hundreds of protesters at Kaohsiung’s train station, some waving placards reading “Communist Zhang Zhijun, get the hell back to China”.

A much smaller group of protesters also greeted him when he flew into Taipei on Wednesday.

“Chen Chu should face the demands of the people and the values of human rights and refrain from the pursuit of economic growth at the expense of Taiwan’s hard-earned democratic achievements,” said Chen Yin-ting, part of another group of protesters outside the venue where Zhang and Chen held their unprecedented meeting.

The once heavily industrialized Kaohsiung has lost many of its companies and factories to China, drawn away by a massive population and low manufacturing costs, and it has struggled economically in recent years.

Zhang’s trip comes at a sensitive time.

Protesters occupied Taiwan’s parliament and mounted mass demonstrations over three weeks starting in March in anger at a pending trade pact, which will open various sectors in both economies. The opposition calls the pact a threat to Taiwan’s industry and sovereignty

Signed a year ago, it has stalled in Taiwan’s parliament, which is set to discuss it at a session overlapping with Zhang’s visit. Advocates, including the China-friendly President Ma Ying-jeou, say it is a step to normalizing ties and will provide jobs and raise living standards.

For more information, please see:

Taipei Times– China respects Taiwan’s choice: Zhang –28 June 2014

The China Post– Kaohsiung mayor meets TAO minister –28 June 2014

Focus Taiwan– Taipei mayor talks of ROC during Beijing visit –27 June 2014

Reuters– China official met by protests, says respects Taiwan’s choices –27 June 2014

Sudan Woman Freed From Death Row Arrested for Alleged Fake Travel Documents

By: Danielle L. Cowan (Gwozdz)
Senior Desk Operator, Africa

KHARTOUM, Sudan – The Sudanese woman freed from death row has been accused of trying to leave country with fake documents, her lawyer told BBC news.

South Sudan’s embassy issued the document on Monday (photo courtesy of BBC)

 

The woman, Meriam Ibrahim, was detained on Tuesday, a day after the court released her, annulling the death sentence imposed on her for renouncing the Islamic faith.

Ibrahim, age 27, had been detained at the Khartoum airport along with her family. Her husband Daniel Wani said the family intended to leave the country for the United States. Wani is a United States citizen.

Ibrahim is currently still being held in a police station in Sudan.

United States officials said that they had received assurances that she had not been arrested and would be allowed to leave; however, a Sudan source told the Times of India that she was being investigated for carrying fake documents.

“The National Security took her and Daniel,” said the Times of India source. The same source also told the AFP that Ibrahim had been transferred from the custody of the National Intelligence and Security Service.

Ibrahim’s attorney said that more than 40 police officers prevented the family from boarding the plane to the United States.

“It is very disappointing,” Ibrahim’s attorney stated. “They were very angry. They took us [the family’s lawyers] outside, and took the family to a Niss detention center. They have not been given access to lawyers.”

Her attorney further stated that the appeals court had dismissed all of Ibrahim’s convictions and there were no restrictions on her travelling. He also added, however, that political differences within the government over the case may have played a part in the decision to prevent her leaving.

“I am very concerned,” her attorney claimed. “When people do not respect the court, they might do anything.”

Ibrahim was sentenced to death in May for abandoning Islam when she married a Christian. This marriage sparked outrage around the world.

A court had ruled that she was Muslim because that was her father’s faith. Her Christian marriage of 2011 was officially annulled. She was then sentenced to 100 lashes for adultery and death by hanging for renouncing Islam. Sex outside a “lawful relationship” is considered adultery under Sudanese law.

Ibrahim argued against the court’s ruling by claiming her father abandoned her family when she was six and she was brought up by her mother who was a Christian.

The court ruled that she would be released on June 23rd, but she was arrested the next day.

The United States says it is currently working with Sudan to ensure that Ibrahim will be freed.

South Sudan’s embassy says the travel documents are genuine.

Even though Ibrahim was brought up as an Orthodox Christian, the authorities still consider her Muslim because of her father.

For more information, please visit:
BBC News – Sudan death row woman ‘faked papers’ – 25 June 2014
Guardian News – Sudan death row woman accused of forging papers – 25 June 2014
International Business Times – Freed Christian Woman Meriam Ibrahim Accused of Forging Documents to Leave Sudan – 25 June 2014
The Times of India – Freed Christian woman detained trying to leave Sudan – 25 June 2014
The Guardian – Sudan death row woman Meriam Ibrahim detained again – 24 June 2014
Channel 4 News – Meriam Ibrahim detained at airport in ‘abuse of power’ – 24 June 2014

Fiji Asks For Help to Fight the Affects of Climate Change in the Pacific

by Max Bartels 

Impunity Watch Reporter, Oceania 

Savu, Fiji

The Government of the island nation of Fiji is accusing the international community, pointing mainly at Australia, of being selfish in regards to climate change policy. Fiji, like many other pacific nations is suffering greatly from the rising sea levels; these small island nations contribute very little to global carbon emissions but are suffering the consequences of the rest of the world’s high level of carbon output.

Fiji Village
Fijian village is abandoned as sea water seeps through the ground
(Photo Curtesy of Fiji Times)

In a climate change summit hosted by Fiji, interim Prime Minister Bainimara said the global will to combat climate change is receding. He further pointed at Australia, saying that since the election of conservative Prime Minister Tony Abbot there has been a distinct change of attitude in Australia toward climate change policy. Abbot has been quoted as saying that he will not support any climate change policy in Australia that would negatively impact the Australian economy.

The interim Prime Minister of Fiji issued a harsh statement to the world, pointed at Australia and Prime Minister Abbot, saying that history will judge them harshly if they do nothing to effect policy change and allow the islands of the pacific to sink below the ocean. He further stated that leaders need to see the situation is dire for Fiji and other island nations and that leaders need to risk minor economic impact to save lives.

Indonesia was invited to the climate change summit in Fiji and pledged support to Fiji in combating climate change. Indonesia also has a strong incentive to mitigate the effects of climate change in the pacific. Indonesia has offered $20 million to Fiji to help fight the effects of climate change and has offered further support in the form of increased trade agreements with Fiji to boost trade revenue by a targeted $1 billion in the future.

The situation in Fiji is so serious that entire communities have had to be relocated since January 2014. The village of Vaunidogola had to be relocated to higher ground due to rising sea levels; the relocation affected 50 families whose ancestors had lived on that land for generations. The government of Fiji has also identified 600 villages across the Fiji islands that are at risk from the rising sea levels. The government predicts that over the next 10 years 40 settlements will have to be relocated due to the rise in sea levels, the pollution of the ground water and the destruction of agricultural land.

For more Information, please see:

Australia Network News — Fiji Accuses Global Community of Abandoning the Pacific on Climate Change, Singles out “Selfish” Australia — 19 June 2014 

The Fiji Times — Climate Change Challenge — 21 June 2014

ABC News Australia — Pacific Nations Urge Climate Change Action, Ask Australia for Help — 27 May 2014

SBS News Australia — Rising Sea Levels Prompts Relocation in Fiji — 31 January 2014