News

European human rights court finds Russia’s ‘gay propaganda’ law discriminatory

By: Sara Adams
Impunity Watch News Reporter, Europe

One of the activists involved in the case speaks after the hearing. Image courtesy of AP.

STRASBOURG, France – Russia’s law that banned the “promotion of homosexuality to minors” was ruled discriminatory on June 20 by the European Court of Human Rights (ECHR).

The law, introduced in 2013, made it illegal to engage in any event or act that attempted to “promote” homosexuality to minors. Three activists were fined for violating the law when they staged pro-LGBT protests between 2009 and 2012.

The fines ranged from around 85 US dollars (USD) to upwards of 8,400 USD.

The activists were unsuccessful in their first appeals to Russian courts, where they argued that the laws were discriminatory. As a member of the European Convention on Human Rights, the ECHR has the power to hear the cases that Russian courts refused.

The ECHR found that the activists had been discriminated against. They opined that the laws encouraged prejudice and homophobia in a democratic society. Even though the intent of the law, to protect minors, was in the public interest, the Court found that the application of the laws were “arbitrary” and lacked a clear definition.

They also found that the law served no legitimate public interest.

The Court held that the discriminatory effect of the law was a violation of the people’s right to freedom of expression. The Russian government was ordered to pay the activists almost $55,000 (USD) in monetary damages.

Discrimination against the LGBT community in Russia has been prevalent for several years. Until 1993, homosexuality was a punishable criminal offense. Until 1999, homosexuality was considered a “mental illness.”

Nearby Chechnya has also been in the news lately regarding LGBT rights. It has been reported that the republic, located within Russia, has been detaining gay men in detention camps.

Though Russia is a member country of the Convention on Human Rights, a law was adopted in 2015 that would allow Russia to overrule judgments from the Court. The law, supported by President Putin, aimed to give the country the right to ignore ECHR decisions if they “conflict” with the constitution.

The Justice Ministry in Russia has spoken out against the decision, claiming that the law did not establish any measures “aimed at banning homosexuality…or its official censure.” The Ministry has stated that it will appeal the ruling within three months.

For more information, please see:

New York Times – Russia’s ‘Gay Propaganda’ Laws Are Illegal, European Court Rules – 20 June 2017

The Guardian – Russian ‘gay propaganda’ law ruled discriminatory by European court – 20 June 2017

Reuters – European court angers Russia with ‘gay propaganda’ ruling – 20 June 2017

BBC News – European Court blasts Russia ‘gay propaganda’ law – 20 June 2017

NBC News – European Court Angers Russia With ‘Gay Propaganda’ Ruling – 20 June 2017

CNN – Russian ‘gay propaganda’ law discriminatory, European court rules – 20 June 2017

BBC News – Russia passes law to overrule European human rights court – 4 December 2015

 

Martial Law Continues In Mindanao

By: Brian Kim
Impunity Watch Reporter, Asia 

MANILA, Philippines – On May 23, President Rodrigo Duterte of Philippines declared 60 days of martial law in Mindanao. Currently, 21 million people are living under martial law. The order came after the failed attempt to apprehend Isnilon Hapilon, a terrorist leader associated with the Islamic State. Isnilon Hapilon, a leader of the Maute and Abu Sayyaf groups is known for kidnapping and decapitating westerners.

President Rodrigo Duterte addressing the country. Photo courtesy of CNN.

An estimated 400-500 fighters took over parts of Mindanao and attempted to create an Islamic caliphate. According to the head of military command in Western Mindanao, the militants control around 20 percent of the town. Around 200,000 civilians fled once the conflict began and hundreds are being held hostage. Currently, 100 militants are still fighting.

The conflict in Marawi City entered its fourth week as of June 13, and President Rodrigo Duterte stated that martial law will continue. More than 180 government troops and 200 militants have died from the battle.

Recently, President Duterte stated that he is willing to extend martial law for the region and continue the battle until the militants are completely destroyed. However, according to the constitution, martial law in the country cannot last longer than 60 days.

The opposition party in the country argued that the imposed law is unconstitutional and have asked the country’s supreme court to rule on the matter. President Duterte stated that he will revoke marital law if the Supreme Court finds it unconstitutional. Nevertheless, President Duterte also commented that if the militants continue to attack Mindanao, he will be “forced to declare martial law again.” He went further and said that he will “not consult anybody” and there is “no telling when it will end.”

President Duterte compared his order to dictator Ferdinand Marcos. The former president ruled the country under martial law from 1972 to 1981 to control communist rebels. During this time, many organizations have reported that the order allowed for human rights abuses by the administration.

Under the current order, many groups also fear human rights abuses in the country as President Duterte attempts to extend martial law in Mindanao.

For more information, please see: 

CNN – Duterte: Martial law in Mindanao to continue until I am ‘satisfied’ conflict has ended – 18 June, 2017

Reuters – Philippines army struggles as city siege enters fourth week – 13 June, 2017

Washington Post – Duterte has put part of the Philippines under martial law. Here’s how dangerous that can be. – 14 June, 2017

ABC – Philippines President Duterte revives Marcos-era memories in threat to extend martial law – 17 June, 2017

 

Another Murder of Social Leader in Colombia Adds to Disturbing Trend As the Country Feels Aftereffects of the Peace Treaty with FARC

By: Max Cohen
Impunity Watch Reporter, South America

BOGOTA, Colombia – Over the past year at least 41 human rights activists and social leaders have been murdered in Colombia with the number of possible deaths reaching as high as 100. The latest victim of the disturbing trend is Jose Maria Lemus, a local leader of indigenous people. Back in May the UN High Commissioner of Human Rights confirmed 14 murders of human rights defenders, a difficult process in part because there is disagreement over who is to be considered a human rights leader. The only thing people seem to agree upon is that the number of murders of human rights leaders is higher than in previous years.

Colombian protestors hold inflatables to represent the number of human rights activists and social leaders killed so far. Photo courtesy of Getty Images.

The attacks are concentrated in areas previously controlled by the Revolutionary Armed Forces of Colombia (FARC), who famously signed a peace treaty with the Colombian government back in 2016. Since then, the power vacuum has been left to be filled by a variety of criminal groups. In taking control over these areas it is believed that a major reason for the deaths of these activists and leaders is because they are a threat to the criminals. The vacuum had such devastating consequences that in February, residents of the Choco region begged the country’s only remaining guerilla group, the National Liberation Army (ELN), to take over the vacuum.

Currently within the Choco region ELN is competing against the paramilitary group Gaitanist Self-defenses of Colombia (AGC) over stretches of the San Juan River, a conflict which has been going on for years. Human Rights Watch has documented evidence of numerous human rights abuses by both sides including but not limited to killings, child recruitment, planting landmines, and other threats. Approximately 1/5th of the people living in Litoral de San Juan were displaced by the violence in 2016, and during the first two months of 2017 that number went up by 1,300 people.

One of the places citizens have fled to is the city of Buenaventura, a place embroiled in problems of its own. In mid-May, there were protests by citizens of the city seeking better living conditions, which after the protesters’ demands were ignored by the government erupted into chaos. Even with the Colombian riot police in the city, and reports of looting, some peaceful protesting is continuing in the city.

For more information, please see:

teleSUR – Another Social Leader Murdered in Colombia – 14 June, 2017

Human Rights Watch – Colombia: Armed Groups Oppress Riverside Communities – 7 June, 2017

Atlanta Black Star – Afro-Colombian City Burns In Protest As Citizens Fight for Basic Human Rights – 1 June, 2017

BBC – Why has Colombia seen a rise in activist murders – 19 May, 2017

The Guardian – Colombia death toll rises as gangs fill vacuum left by Farc rebels – 18 February, 2017

Disputes rise among European nations over refugee crisis

By: Sara Adams
Impunity Watch News Reporter, Europe

Migrants line up for food in a migrant camp in Rome, Italy. Image courtesy of Reuters.

EUROPE – The European Union has begun legal action on June 13 against three member countries for not taking in their fair share of refugees. The action will be brought in the European Court of Justice.

The Czech Republic, Poland, and Hungary are the countries that may face fines for ignoring EU plans to resettle asylum seekers in the region. This proposal, formed in 2015, was to relocate 160,000 refugees across the European mainland.

In March, Austrian Chancellor Christian Kern suggested cutting EU funds to nations that refuse to comply with the measures.

Hungary has taken hardline measures in its asylum policy. They passed a law that would detain asylum seekers into border camps for them to wait for their cases to be handled.

Under the EU plan, each country is assigned to take a certain number of refugees or migrants from the vast number of those coming in. Poland has not accepted any. The Czech Republic has taken 12 of their 2,000 allotment.

Further south, the populist mayor of Rome, Virginia Raggi, has asked the national government not to send any more migrants into the city. Italy has had an influx of refugees and migrant workers coming in from North Africa for the past three years.

In March, when the Hungarian Prime Minister Viktor Orban passed the bill allowing detainment of migrants before asylum, he reinforced his hardline stance on immigration. He claimed that immigration is the “Trojan horse of terrorism,” and argued that this was necessary to “defend [Hungary’s] borders…[So] no one will try to come to Hungary illegally.”

The rising fears among Europe regarding refugees are often based on security concerns. With the recent terror attacks in the United Kingdom, member nations of the EU remain on guard. Anti-immigrant sentiment is by and large in the continent and is an especially popular topic of discussion in local elections.

Immigration advocates push against the rhetoric pushed by anti-refugee leaders around the world. The UN High Commissioner for Human Rights has called Hungary’s law an act “[promoting] toxic notions of ethic purity”.

Human rights group Amnesty International has also been outspoken against the anti-immigration sentiment of the three countries involved in the EU legal action. The European office director of the group, Iverna McGowan, said that the EU’s action shows that “countries will not be allowed to get away with dragging their feet to avoid accepting refugees.”

She continues, “Solidarity is the key to a fair and humane response to refugees in Europe.”

For more information, please see:

BBC News – Don’t send more migrants, Rome mayor tells Italy’s government – 13 June 2017

BBC News – EU targets Poland, Hungary, and Czechs for not taking refugees – 13 June 2017

New York Times – E.U. Move Against 3 Countries That Don’t Take Refugees – 13 June 2017

ABC News – EU warns 3 countries of legal action over refugee plan – 13 June 2017

Reuters – Rome’s 5-Star mayor calls to half migrants’ flow into city – 13 June 2017

The Guardian – Austria threatens EU funding cuts over Hungary’s hard line on refugees – 8 March 2017

BBC News – Hungary to detain all asylum seekers in border camps – 7 March 2017

 

 

New South Korean President Raises Concerns On ‘Comfort Women’ Deal

By: Brian Kim
Impunity Watch Reporter, Asia 

SEOUL, South Korea – President Moon Jae-in of South Korea raised concerns on a landmark agreement made with Japan in December 2015 dealing with wartime sex slaves. The new South Korean president stated that the agreement is unfair.

South Koreans protesting outside the Japanese Embassy in Seoul. Photo courtesy of NPR.

According to the deal, the Japanese government agreed to provide $8.3 million to help “comfort women” and for Shinzo Abe, Japanese Prime Minister, to offer his “most sincere apologies and remorse.” It was also agreed that both countries will not criticize each other on this issue in the international society.

The issue of “comfort women” has been an ongoing controversy between these two countries. Although the exact numbers are unknown, the authorities believe that around 200,000 women were forced to serve as sex slaves when Japan took control of Korea in 1910.

Lee Ok-seon, now age 90, spoke about the time when she was captured by the Japanese military. In 1942, at the age 15, Lee was grabbed by men in uniform and was forced to work in a brothel in a Japanese-occupied area in China. As the survivors age and die, Lee remains as one of the last “comfort women.”

Former “comfort women” and many of their supporters have been protesting outside the Japanese embassy in Seoul. In 2011, a group erected a bronze statue of a seated woman outside the Japanese embassy. Back in January of 2017, the Japanese government withdrew diplomats from South Korea after the same statue was erected in the city of Busan arguing that such action violated the 2015 agreement.

The victims believe that the apology made by the Japanese Prime Minister does not go far enough. Moreover, the polls show that the majority of Koreans believe the 2015 agreement to be unfair.

South Korean president, Moon Jae-in spoke with Shinzo Abe, Japanese Prime Minister, and discussed the common threat posed by North Korea. Although President Moon stated that the people of South Korea “cannot emotionally accept the comfort women agreement,” he was clear that the issue should not affect the relationship in finding ways to respond to North Korea.

On June 7, Kang Kyung-wha, President Moon’s pick for foreign minister said during her confirmation hearing that she seeks to renew discussions over the 2015 agreement with Japan.

For more information, please see: 

NPR – Not All South Koreans Satisfied With Japan’s Apology To ‘Comfort Women’ – 30 May, 2017

CNN – South Korea’s New President Questions Japan ‘Comfort Women’ Deal – 5 June, 2017

Nikkei Asian Review -South Korea Foreign Minister Pick Vows ‘Comfort Women’ Talks – 8 June, 2017