News

Nine North Koreans Returned to Pyongyang After Fleeing to Laos

By Brian Lanciault

Impunity Watch Reporter, Asia

PYONGYANG, North Korea– Nine North Korean youths, ages 14 to 23, were returned to Pyongyang earlier this week after being arrested in Laos and deported through Beijing, China.  Both the Chinese and Lao governments have come under criticism from the UNHCR, the United Nations organ responsible for refugee matters.

Protesters rally outside the Lao embassy in Seoul demanding the Lao government ensure the safety of the nine individuals returned to North Korea. (Photo Courtesy of AP)

The nine individuals fled North Korea in early May and entered Laos through China on May 9.  On May 16, Lao authorities captured the group and arranged their deportation to Beijing.  On Tuesday May 28 the group was flown back to Pyongyang under the supervision of several North Korean officials.

U.N. human rights spokesman Rupert Colville stated that the group will likely face severe punishment upon their return.  North Korean law imposes a mandatory sentence of five years hard labor for defectors and the possibility of life imprisonment.  According to Human Rights Watch, North Korea has a history of mistreating persons that have left the country without authorization.  Such mistreatment has reportedly included forced labor, indeterminate detention, torture, malnourishment, and unsanitary living conditions.  Particularly harsh punishments are utilized against those suspected of attempting to contact or enter South Korea.

The U.N. admonished the DPRK Friday for failing to observe its obligations under the International Covenant on Civil and Political Rights article 7, which states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

The potential for severe punishment and/or mistreatment at the hands of the DPRK also places the nine individuals within the protective sphere of the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol, and the 1984 Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment.  The 1951 Convention defines “refugee” as a person who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country…”  The United Nations High Commissioner for Refugees Handbook establishes that persecution that arises as a result of, or after, fleeing one’s country is also within the scope of the Convention’s protection.

The UNHCR has stated that both China and Laos’ actions are violations of  the aforementioned conventions, and also the customary international law principle of non-refoulement, which prohibits the return (refouler) or extradition of any person to a State where there are substantial grounds to believe that she would be in danger of being subjected to torture.

The exact condition and status of these nine individuals is unknown at this time, and North Korea has thus far failed to answer U.N. requests to investigate and/or receive independent reports on the status of the group.  The UNHCR continues to investigate and has expressed concern that in both China and Laos the group was denied an opportunity to lodge claims for asylum.

For further information, please see:

Human Rights Watch — North Korea: Denial of Rights Forces Back Refugees — 30 May 2013

BBC — UN ‘dismayed’ Over North Korea Refugees — 31 May 2013

Reuters — U.N. Fears Nine North Korean Defectors Sent Home by China — 31 May 2013

Bangkok Post — UN Protests Return of North Koreans — 1 June 2013

 

European Parliamentarians Plan to Veto EU-Russia Agreement on Visa-Free Travel for Russian Officials Unless EU Implements Magnitsky Sanctions

PRESS RELEASE

 

4 June 2013 – As the EU-Russia Summit gets under way in Yekaterinburg today, 48 members of the European Parliament said they will veto the agreement for the visa-free travel for Russian officials currently under negotiation between the EU and Russia unless the EU implements Magnitsky sanctions. European parliamentarians have stated their position in a written communication to the foreign affairs ministers of all 27 EU member states.The European Parliament’s consent is required for any such EU-Russia visa agreement to come into force.

“Under current circumstances we will be unable to support any visa facilitation agreements with Russia and will advocate the Parliament to refuse its consent, unless the Council adopts an EU ‘Magnitsky law’ as proposed in the Parliament’s recommendation of October 2012,” said European parliamentarians in their letter.

The letter (http://www.donskis.lt/p/en/1/1_/1495) was signed by a number of influential members of the European Parliament, including Elmar Brok MEP, Chairman of the Foreign Affairs Committee, Edward McMillan-Scott MEP, Member of the Bureau of the European Parliament, Guy Verhofstadt MEP, former Prime Minister of Belgium, Vytautas Landsbergis MEP, Former President of Lithuania, Kristiina Ojuland MEP, former Foreign Minister of Estonia, Mario David MEP, former Portuguese Secretary of State for European Affairs, and Barbara Lochbihler MEP, Chair of the European Parliament’s Human Rights Subcommittee, among others.

The letter comes amidst the lack of reaction from the EU Council to the European Parliament’s call for sanctions on Russian officials in the Magnitsky case and other human rights violations. In the resolution adopted last October 2012 (http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2012-0369&language=EN&ring=A7-2012-0285 ), the European Parliament recommended to the EU Council to impose visa bans and asset freezes on those Russian officials who were responsible for Sergei Magnitsky’s false arrest, torture and death, as well as other gross human rights abusers from Russia. In the eight months since that resolution was passed, the EU Council has taken no action.

In the meantime, the European Council has begun active negotiations with Russia to allow visa-free travel for Russian government officials within the EU under demands from Russia. Given that under this agreement, the same persons who were responsible for Sergei Magnitsky’s death, as well as other gross human rights abuses would be provided visa-free travel in the EU, the European parliamentarians felt compelled to use their veto power over the proposed EU-Russia agreement to prevent Russian human rights abusers from slipping into Europe through this visa waiver program.

This development follows reports last week from an EU source(http://euobserver.com/foreign/120333) indicating that the EU leadership will bow to Russian pressure and back down from calling for justice in the Magnitsky case. The EU source stated that the torture and killing of the young whistle-blowing Russian lawyer is a matter of Russia’s “internal legal system.”  The position espoused by an EU official comes in contradiction to the OSCE/Helsinki human rights protocols signed in the 1980s by both Russia and EU member states, which specifically assert that human rights is a matter for the legitimate international concern, and is not to be viewed as an internal matter of each state.

For further information, please see:

Law and Order in Russia

Thousands Gather to Protest Against the Jailing of Journalists and Activists

By Danielle Gwozdz
Impunity Watch Reporter, Africa

ADDIS ABABA, Ethiopia – Around 10,000 Ethiopians gathered in Ethiopia’s capital, Addis Ababa, on Sunday to protest for the release of jailed journalists and activists.

Hailemariam Desalegn became Ethiopian prime minister after the death of Meles Zenawi last year (photo courtesy of Xinhua/Landov/Barcroft Media)

Some protestors carried banners reading “Justice! Justice! Justice!” or pictures of imprisoned opposition figures. Others chanted: “we call for respect of the constitution.”

Yilekal Getachew, the chairman of the opposition party Semayawi (blue) that organized this protest, stated “We have repeatedly asked the government to release political leaders, journalists and those who asked the government not to intervene in religious affairs.” Further, he said, “If these questions are not resolved and no progress is made in the next three months, we will organize more protests. It is the beginning of our struggle.”

The demonstrators also seek action against unemployment, inflation, and corruption.

The government is able to jail journalists and activists because of the 2009 anti-terrorism law. This law states that anyone caught publishing information that could induce readers into acts of terrorism would be liable to be jailed for terms from 10 to 20 years.

Last year an Ethiopian court sentenced 20 journalists, opposition figures, and others, to jail for conspiring with rebels to destroy the government. In addition, last year 49 Ethiopian journalists were in exile and 72 newspapers had been closed.

However, Communications Minister Bereket denied  the protestors’ allegations. He stated that, “There are no political prisoners. There are only people who have been charged with criminal offenses.”

Further, Bereket said, “We don’t have any qualms about the protesters exercising their rights, but when you see the character of the demands, calls to give up the trials and release persons who are behind bars, convicted of criminal offenses, it is both unethical and unacceptable. Also, the government cannot interfere and release people suspected of criminal offenses. We will have to wait until the courts give verdicts.”

Although Ethiopia’s economy is one of the fastest growing economies in Africa, it is often criticized for preventing opposition and the media.

 

For further information, please see:

BBC News — Ethiopian Protestors Take to Streets — 2 June 2013

The Guardian — Ethiopian Human Rights Protestors Take to Streets in Addis Ababa — 2 June 2013

The Huffington Post — Ethiopia: Thousands Protest Political Repression — 2 June 2013

Reuters — Thousands March for Rights in Rare Ethiopia Protest — 2 June 2013

 

 

 

Britain Battles Brussels on Migrant Benefits

By Ben Kopp
Impunity Watch Reporter, Europe

LONDON, United Kingdom – The European Commission (“EC”) has alleged that, by applying a “right-to-reside” test in addition to European Union standards, Britain discriminates against EU nationals.

The United Kingdom and European Union will soon battle over EU migrant benefits in the UK. (Photo courtesy of the Guardian)

Meant to be applied in all EU countries, the EU standard ensures eligibility of welfare payments for EU nationals who migrate between EU nations. However, while British and Irish citizens always pass Britain’s “right-to-reside” test, other Union nationals who pass the EU test are denied under the British test.

Additionally, the British test denies EU migrants rights to child benefits, a child tax credit, income based jobseeker’s allowance, state pension credit and income based employment and support allowances.

In a separate statement, the EC claimed that “UK nationals have a right to reside in the UK solely on the basis of their UK citizenship, whereas other EU nationals have to meet additional conditions in order to pass this right to reside test. This means that the UK discriminates unfairly against nationals from other member states. This contravenes EU rules on the coordination of social security systems which outlaw direct and indirect discrimination in the field of access to social security benefits.”

Jonathan Portes of the National Institute of Economic and Social Research stated that while EU migrants pay thirty percent (30%) more in taxes than take out in benefits, the migrants are also “significantly less likely” to claim benefits than British nationals. Additionally, government statistics in the UK reveal that migrants contribute ten percent (10%) of the Gross Domestic Product (GDP), and are only eight percent (8%) of the total population.

Nevertheless, on May 30, Britain declared that it would fight the EC’s legal action “every step of the way.” Work and Pensions Secretary, Iain Duncan Smith vowed, “I will not cave in and I will continue to work on strengthening our benefit system in the meantime to ensure it is not open to abuse by anyone.” That statement comes amidst fears from the UK Independence Party that Romanian and Bulgarian immigrants will create a surge of benefit claims when EU-imposed restrictions are lifted next year.

Duncan Smith added, “If we do away with our right-to-reside test, what will happen almost immediately is that people from day one will be eligible to income-related benefits.”

British Prime Minister David Cameron has permitted his Conservative Party to draft a bill and commit Britain to an in-out vote on EU membership. However, Cameron claims that he prefers for Britain to remain in a reformed EU. The United States, Britain’s closest ally has expressed a preference for Britain to retain membership.

On May 31, UK Foreign Minister William Hague said, “Too often, the British people feel that Europe is something that happens to them, not something they have enough of a say over.”

Despite economic fears with reform, a reasonable standard exists. After all, thirteen British colonies found a solution to the Articles of Confederation roughly 225 years ago.

For further information, please see:

BBC – UK’s Hague Wants ‘Red Card’ to Challenge EU Laws – 31 May 2013

Reuters – Britain Asks Germany to Help Lead Reform of EU, Explains How – 31 May 2013

BBC – UK Faces European Court over Benefits for EU Nationals – 30 May 2013

The Guardian – Iaian Duncan Smith Accuses European Commission of Benefits ‘Land Grab’ – 30 May 2013

The Guardian – UK Faces Court Action over EU Migrant Benefits – 30 May 2013

The Independent – ‘I’ll see you in court’: Works and Pensions Secretary Iain Duncan Smith vows Britain Will Fight Europe over Welfare Benefits for Immigrants – 30 May 2013

International Business Times – UK Taken to European Court over Migrant Benefits: Britain Pledges Legal Fight with EU over Discrimination against EU Nationals Claiming Social Security in UK – 30 May 2013

The Telegraph – Brussels Takes Britain to EU Court over Immigration Benefits – 30 May 2013

The Wall Street Journal – U.K. Plans to Fight EU over Access to Benefits – 30 May 2013

Colombia Reaches Deal On Land Reform With FARC Rebels

By Ellis R. Cortez
Impunity Watch Reporter, South America

BOGOTA, Colombia — Colombia’s largest rebel group, the Revolutionary Armed Forces of Colombia, and the Colombian government said on May 26th that they had reached an agreement on land reform, the first of six points that could make up an eventual peace deal.

Colombia’s FARC lead negotiator Ivan Marquez talks next to Ricardo Tellez during a news conference in Havana in November. (Photo courtesy of Reuters)

In a joint statement issued in Cuba by the FARC and the Colombian government, the sides said they had agreed on “integrated rural reform.” One of its features is a “land fund” into which millions of illegally held or underused acres of land will be placed to compensate those who have lost land or were displaced from their property.

About 5 million acres of land has been stolen from rural farmers by armed groups during the conflict, with twice that amount abandoned by those fleeing because of violence. According to the agreement, farmers will receive loans, technical assistance and marketing advice as well as legal and police protection. There will also be a ten-year effort to bring government, roads and development to the countryside.

The talks at the Havana Convention Center, which have been going on for six months, have focused almost entirely on land reform. Both delegations will take a break for several days, and then begin talks on political participation for the FARC, the second agenda point. They are set to also discuss illicit drugs, decommissioning weapons and how to handle victims of the armed conflict. The discussions are set to resume in Havana on June 11th.

Colombian government’s lead negotiator, former Vice President Humberto de la Calle, warned that there will be no peace deal until all six points have been agreed upon. Then, the final package will have to be put to a nationwide referendum for approval to ensure “national participation and transparency.” “Now we have a real opportunity to reach peace through negotiations after 50 years of armed conflict,” De la Calle said.

The agreement drew praise at the United Nations in New York, where a spokesperson for U.N. Secretary-General Ban Ki-moon called it “a significant achievement and important step forward.” Ban “wishes both delegations further success in their efforts to reach agreement on the remaining issues and to put an end to Colombia’s long conflict,” the spokesperson said.

The Colombian government sees resolving the half-century conflict as the key to opening up the country to more investment, infrastructure projects and social programs. More than 100,000 people have died during the conflict. The conflict has also diverted billions of dollars from the economy as industries have not been able to function at full capacity and the government is forced to spend heavily on troops and weapons.

For more information please see:

France 24 — Colombia, FARC rebels reach deal on land reform — 27 May 2013

The Telegraph — Colombia reaches deal with Farc rebels over land reform — 27 May 2013

Fox News — Colombia, FARC rebels reach deal on land reform — 26 May 2013

Los Angeles Times — Colombia, FARC rebels reach deal on land reform — 26 May 2013