News

Kurdish Regional Government in Iraq to Hold Referendum

By Justin Santabarbara
Impunity Watch Reporter, Middle East 

KIRKUK, Iraq – The Kurdistan Regional Government (KRG) of Iraq has elected to hold a non-binding referendum signaling its desire to provincially separate from the central Iraqi regime. The referendum is scheduled to be put to a vote on 25 September. The independence referendum has gained its most support over the last couple of months as Iraq continues its counterterrorism-minded overtaking of provincial and regional governments. Moreover, the referendum is facing much criticism from both the central Iraqi government and the nearby Turks. The central Iraqi government view the measure as an impingement upon their regional control in northern Iraq, especially because the referendum expresses intention to reject central Iraqi control of the security forces and recruit, train and develop an exclusively Kurdish security apparatus. The Turks view the referendum as granting empowerment to the minority Kurdish political parties and forcing terrorists to seek more readily available opportunities in Turkey. The primary opposition again refers to the weakening of Turkey’s counterterrorism apparatus.

Kurdish Regional Government President, Massoud Barzani. Photo Courtesy of Reuters.

The KRG President, Massoud Bazani, has expressed the intention to move forward with the referendum, despite its mass criticism. In speaking to Kurds on 24 September, Barzani told Kurds that the future of the Kurdish people depends upon the passage of the referendum. Barzani continued that the referendum would give the KRG important standing to continue negotiations with the Iraqi government. Barzani concluded that the Kurds currently maintain the most bargaining power since their ousting by the Hussein regime. As momentum continues to build, the passage of the referendum is important because it allows the government to continue to forge relationships with Baghdad, while also building the governmental institutions that are central to success and stability. Barzani, whose tenure began in 2005, urged his commitment to recruit Kurdish forces and receive international aid and training.

Counterterrorism remains at the forefront of both criticism and support for the referendum. While Barzani claims that the ability to recruit and develop independent security forces will allow for a more specialized focus in repelling ISIS fighters from the region. Conversely, the Iraqi central government disagrees in saying that independent security forces will not be well equipped nor prepared to endure the challenges of repelling ISIS fighters. Moreover, the time lapse in acquiring and building the security apparatus lends itself to a void in time, for which terrorists can take advantage, especially when such a schedule is well promulgated. With the referendum looming, its determination can ultimately change the mechanisms with which the Middle East combats ISIS and other regional terrorists. The United States has publicly denounced the referendum, calling it illegitimate.

For more information, please see:

U.S. Department of State – Iraqi Kurdistan Regional Government’s Referendum – 25 September 2017

Aljazeera News – Barzani to Kurds: Vote in Referendum to Secure Future – 24 September 2017

Reuters – Kurds Stick with Independence Vote – 24 September 2017

Aljazeera News – Barzani: Kurd Region Poll to Occur Despite Opposition – 23 September 2017

Turkmenistan uses Athletic Games to mask Human Rights Violations

By: Katherine Hewitt 
Impunity Watch Reporter, Asia

ASHGABAT, Turkmenistan – President Gurbanguly Berdymukhamedov welcomed the fifth Asian Indoor and Martial Arts Games to Ashgabat on 17 September 2017. Turkmenistan is considered to be one of the most repressive countries in the world, with Freedom House scoring the “highly repressive authoritarian state” a 3/100. In addition, Turkmenistan is one of the most closed off countries in the world.

The capital city of Turkmenistan, Ashgabat, is pristine but oddly quiet. Photo courtesy of The Atlantic.

In preparation for these games, there have been reports of multiple human rights violations. To make available real estate to build the sports facilities, athlete housing, and a new airport among other construction projects, homes have been demolished.  The government handed out inadequate compensation to those afflicted in order to create available real estate. The cost of the new construction is roughly $7.3 billion.

At the same time the government charged citizens higher rent for adequate sized housing. Many families could not afford the rise in prices, as Turkmenistan is in a severe economic crisis.

Other violations included restricting travel, requiring “minders” for foreign journalists, and denying entrance of human rights workers form the UN.

As the games progress throughout the 10 day period (17 September to 27 September 2017), the state continues to block the athletic village off form the rest of the capital city with barriers. Traffic cannot enter the central part of the city. It appears that Ashgabat is isolated from the rest of the country. The government claims this is for security measurers.

Homeless citizens, prostitutes, and drug users are removed from the city center to provide an illusion of a perfect city. In addition, a curfew is in effective during the games. Schools in the city center are closed for the duration of the games. Citizens are not to be seen outside after 8 pm. It is enforced by police. Small privately-owned businesses in the city-center will remain closed during the games.  The government is less clear on why these polices are in place.

Deputy Director at Human Rights Watch, Rachel Denber suggests that these measures are less about security than they are about repression of the Turkmen citizens. “The government deeply fears what will happen when Turkmen come into contact with foreigners. They worry that the government’s secrets about how repressive it is and how poor the social conditions are will suddenly spill out. It is doing everything to prevent that from happening.”   Whatever the rational, the government is intent on limiting the contact of the Turkmen from the outside visitors.

For more information, please see:

The Guardian – IOC turns blind eye to Turkmenistan using sport to legitimize tyranny – 17 September 2017

Freedom House – Turkmenistan Country Report 2017 

Human Rights Watch – Turkmenistan: Repression Casts Shadow on Asian Games – 13 September 2017

The Turkmen Initiative for Human Rights – Cordoned off roads, curfew, soldiers guarding pyrotechnics and toilets made from freight containers. Ashgabat gets ready for the Asian Games – 17 September 2017

Brazilian Army Troops Are Deployed in Rio De Janeiro City to Counter Drug-Related Shoot-Out

By: Fernando Oliveira
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – On September 23th, 2017, Brazilian Defense Minister Raul Jungmann authorized the deployment of about 950 federal army soldiers in Rio de Janeiro city, given the formal state government request of assistance to face the worsening of drug-related violence.

Brazilian army progressing within Rocinha, while neighbors pass through – Picture courtesy of O Globo.

After a whole week of several fire shooting episodes, last Saturday, September 23,  Rio de Janeiro city awoke with a war scenario surrounding one of its biggest favelas, named Rocinha. Armored tanks were on the streets, military helicopters in the sky, and roads were blocked in order to help the cash-strapped state police forces step into the slum area.

Rocinha – as many other Rio`s favelas – is a very poor neighborhood located in the Southern area of the city, not far from some of the most expensive real estate areas. It has about 70,000 inhabitants which were under trafficking gang rules until 2011, when the state government set forth a “pacification program” that pushed criminals, mainly drug dealers, out of the slum.

However, soon after the 2016 Summer Olympics, a wide spread corruption scandal led the former state governor, Sergio Cabral, to jail. According to federal prosecutors, he was the leader of a huge bribery mafia that diverted millions of dollars from state sources, and has been sentenced to more than 45 years in prison. As a consequence, state institutions, including the state police department, have run out of money and the “pacification program” – which had originally been successfully implemented in several favelas – began to run down.

As the “pacification program” weakened, the drug gangs went back to Rocinha. Currently, they are completely reinstalled, and started to fight among them toward controlling the worthiest drug trade points within the slum. War weapons, such as rifles AR-15 and grenades, are constantly used by the drug traffickers on rival gang firefights, and also against the state police forces. Be that as it may, the only hope for the poor Rocinha’s population is to believe that the federal troops will reestablish the order in the neighborhood, and life will return to normal.

For further information, please see:

Reuters — Brazil army deploys in Rio slum as drug-related violence worsens – 22 September 2017

Washington Post – Army mobilizes in Rio as shootings erupt in several areas – 22 September 2017

New York Times – Sérgio Cabral, Ex-Governor of Rio de Janeiro, Arrested on Corruption Charges – 17 November 2016

Wall Street Journal – Brazil Judge Sentences Ex-Rio Governor to 14 Years in Corruption Case – 13 June 2017

Foha de São Paulo – Ex-Governor of Rio de Janeiro Sérgio Cabral Sentenced to 45 Years in Prison – 21 September 2017

Washington Sees Bipartisanship on Bill Against Sex Trafficking

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – On September 19, 2017 the Senate Commerce Committee heard testimony from victims’ families urging law makers to approve the Stop Enabling Sex Traffickers Act (SESTA). The bill has bipartisan support as it was promoted by both Senator Rob Portman (R-Ohio) and Senator Richard Blumenthal (D-Connecticut).

Human trafficking survivors and their advocates have been pushing Congress to reform Section 230 of the Communications Decency Act (CDA) for years. Courts around the country have been interpreting the act to afford immunity to individuals and companies who knowingly work with sex traffickers to create advertisements for the sale of women and children into sex trafficking.

The CDA was passed by Congress in 1996 to help families shield children form sexually explicit material. At the time, Congress also wanted the Internet to be successful. Taking both of these goals into account, Congress designed the CDA “to protect companies when they merely hosted content from third parties and when they chose in good faith to regulate explicit material on their sites — not when they knowingly engaged in clearly illegal activity.”

Yvonne Ambrose, who’s daughter Desiree Robinson was killed as a result of sex trafficking, speaks to the media after giving her testimony before the Senate Commerce Committee, in favor of amending the CDA.

Today, individuals and companies utilized the immunity law of the CDA. California Superior Court Judge Lawrence Brown stated, “until Congress sees fit to amend the immunity law, the broad reach of section 230 of the Communications Decency Act even applies to those alleged to support the exploitation of others by human trafficking.” One webpage it applies to is Backpage.com which is the website where most American victims of sex trafficking are sold.

Backpage is involved in 73% of cases of suspected child trafficking in America. Although this is a large percentage, the United States Court of Appeals for the First Circuit recently dismissed three sex trafficking cases. The court ruled that the CDA’s immunity provision precluded the litigation even if they knowingly collaborated with sex traffickers to sell children. The court suggested that the victims seek legislative change to stop this issue.

Despite not taking ads from Backpage, Google “has emerged as its behind-the-scenes champion.” Google is concerned that closing the loophole created by the CDA would allow for frivolous lawsuits and investigations that will damage its’ interests and the freedom of the Internet. Senator Portman says they have nothing to fear.

Senator Portman said, “They have to be proven to have knowingly facilitated, supported or assisted in online sex trafficking to be liable in the first place.”  The Senator further declared, “Because the standard is so high, our bill protects good tech actors and targets rogue online actors like Backpage.”

While none of the members of the Commerce Committee have come out against the bill, some have indicated that they are open to revising it in order to address the concerns of the tech industry. It remains to be seen how the bill may be revised to address these concerns and effectively close the CDA loophole.

For more information, please see:

The Hill – Senators Hear Emotional Testimony on Controversial Sex-Trafficking Bill – 19 September 2017

Huff Post – Who Will Win in Congress – Trafficking Victims or Special Interests? – 19 September 2017

Washington Post – Mother of Slain Teen Makes Tearful Plea for Congress to Amend Internet Law – 19 September 2017

New York Times – Google and Sex Traffickers Like Backpage.com – 7 September 2017

Tunisian Authorities Pledges to Stop Forced Anal Examinations for Homosexuality

By: Adam King
Impunity Rights News Reporter, Africa

Tunisian authorities recently announced a change to compulsory anal examinations for accusations of homosexuality. Photo courtesy of Shutterstock.

TUNIS, Tunisia – Tunisian authorities recently announced that it would be ending its current practice of forcing those who face accusations of homosexuality to undergo mandatory anal testing.  In Tunisia, a judge has the power to compel a defendant accused of homosexuality to undergo an anal examination to collect evidence against the defendant. Under the new policy, defendants would be able to refuse the examination.  According to Mehdi Ben Gharbia ( a Tunisian politician), “judges can still request that a suspect undergo the test but that person has every right to refuse, without his refusal being held up as proof of homosexuality”.

The United Nations and other human rights organizations have equated the practice of mandatory anal exams to torture. In March 2016, Human Rights Watch released a report detailing instances of forceful abuse of the anal examination protocol against Tunisian citizens.  One victim recalled his experience with the examination process,

“[T]he policeman took me outside to a small garden. He hit me. He slapped me on the face and punched me on the shoulder and said “You will do the test.” The doctor was not watching, but he knew I was being beaten. The policeman pushed me back into the room and said to the doctor, “He will do the test…..He entered one finger inside my anus, with cream on it. He put his finger in and was looking. While putting his finger in, he asked “Are you ok now?” I said, “No, I’m not okay.” It was painful…Then he put in a tube. It was to see if there was sperm. He pushed the tube far inside. It was about the length of a finger. It felt painful. I felt like I was an animal, because I felt like I didn’t have any respect. I felt like they were violating me. I feel that up to now. It’s very hard for me.”

Amnesty International covered the issue of abuse against homosexual and transgender persons in Tunisia originally in 2015. In their report, they detailed the challenges that homosexual and transgender persons faced when trying to seek redress for the harms against them,

“In some cases, instead of duly investigating these homophobic and transphobic crimes – as is their obligation under international law – the police warned or openly threatened survivors, including lesbian women, to drop their complaints if they did not wish to be prosecuted themselves. In other cases police officers have exploited LGBTI people’s fears of prosecution to subject them to blackmail, extortion and, at times, sexual abuse. Gay men and transgender individuals who do not want to be arrested are often forced to bribe police officers and give up their phones or other valuables.”

While this measure will provide more protection to those accused of homosexuality, there are still some uncertainties around the proposal.  First, there is no set date when the measure will go into effect.  The policy is the proposition stage, with no indication as to how soon the measure will be enacted. The Tunisian medical council actually banned the practice in April of 2017, but that ban served more as a declaratory opinion rather than a legally binding mandate. Second, while the refusal of taking the exam is claimed to not be used as evidence against a defendant, the subjective outcomes may be different. As the victim detailed in the Human Rights Watch report, the coercion and violence can be used to compel a defendant to take the examination long before he comes in front of a judge.  This leaves an open question as to whether the change will adequately protect those accused of homosexuality. 

While much progress has been made since the coup of former President Zine El Abidine Ben Ali, the progress is still met with staunch opposition.  Tunisia is still a Muslim country that adheres to the pillars of Islam.  The measure also does not have broader implications for the acceptance of homosexuality in Tunisia. The measure for example does not make homosexuality legal in Tunisia, “Homosexuality is still punishable by three years in jail under Article 230 of Tunisia’s criminal code, which President Beji Caid Essebsi has said would not be repealed.”

For more information, please see:

Daily Mail UK — ‘Tunisia vows to ban anal examinations on ‘suspected homosexuals’ to determine if they are gay’ — 22 September 2017

Independent — ‘Tunisia medical council bans forced anal tests for homosexuality after nearly decade of abuse’ — 12 April 2017

Independent — ‘Tunisia is jailing men for having gay sex and forcing them to undergo anal exams, human rights group claims’ — 30 March 2016

Human Rights Watch — ‘Tunisia: Men Prosecuted for Homosexuality, Abuses in Detention, Prison’ — 29 March, 2016

Amnesty International — ‘Challenging Tunisia’s homophobic taboos’ — 30 September 2015