Department of Homeland Security Ends Temporary Protected Status for El Salvador

By: Karina Johnson
Impunity Watch Reporter, North America

WASHINGTON D.C.  — On Monday, January 8, Secretary of Homeland Security Kirstjen M. Nielsen declared that El Salvador’s Temporary Protected Status (TPS) will end on September 9, 2019, affecting over 200,000 Salvadoran nationals residing in the US.  El Salvador has been part of the TPS humanitarian program since the 2001 earthquakes that significantly damaged the country’s infrastructure, and before that from 1990-1992 during its civil war.

El Salvador received Temporary Protected Status following the 2001 earthquakes that caused widespread damage across the country. Photo Courtesy La Prensa Gráfica, via Associated Press.

According to the Migration Policy Institute, Temporary Protected Status (TPS) is a provision within the 1990 Immigration and Nationality Act to protect foreign nationals currently living in the United States by designating criteria upon which relief could be granted.

Prior to the implementation of the TPS program, the executive branch would designate certain countries for Extended Voluntary Departure (EVD), where immigration courts could exercise prosecutorial discretion to not pursue removal of nationals from those countries.  However, critics called the process too partisan and subject to political whims, citing the Regan administration’s failure to designate El Salvador for EVD during the civil war in the 1980s.

The program grants a temporary legal status—typically for a period of six to eighteen months—to migrants currently in the US who do may not qualify as refugees, but whose home countries are in some sort of crisis, such as civil unrest, wide-spread violence, or a natural disaster.  Applications have a $495 processing fee for the initial application as well as subsequent renewals. TPS beneficiaries may apply for a work permit and a driver’s license, and the TPS prevents their deportation.  According to the press release from the Department of Homeland Security, “the original conditions caused by the 2001 earthquakes [in El Salvador] no longer exist. Thus, under the applicable statute, the current TPS designation must be terminated.” However, the US government cited the pervasive gang violence as a factor for choosing to renew El Salvador’s TPS in 2016, and El Salvador remains one of the deadliest countries in the world with an average of 15 reported homicides a day.

Former Secretary of Homeland Security John Kelly emphasized that TPS is ‘temporary’ after visiting Haiti in June 2017. Photo Courtesy Mark Wilson, Getty Images.

US foreign policy has itself severely impacted El Salvador’s current social climate.  During El Salvador’s civil war in the 1980s and early 1990s, the US government backed a repressive right-wing military regime that left 75,000 civilians dead and forced 2 million people to flee to the US.  In the mid-90s, the US began deporting Salvadorans en masse, including gangsters incubated with the US prison system who would then go on to form the Salvadoran branch of the Mara Salvatrucha (MS-13).  The rising gang violence began a new wave of refugees—primarily unaccompanied minors or women with their children—fleeing El Salvador for the United States.

Oscar Chacon, executive director of Alianza Americas—an immigrant advocacy group—said to Reuters, “Our (US) government is complicit in breaking up families — nearly 275,000 US-born children have a parent who is a TPS holder — and further destabilizing our neighboring countries.”

According to a 2017 report by the Center for Migration Studies, 51% of Salvadorans with TPS have lived in the US for more than 20 years, 34% have homes with mortgages and the majority of them live in California, Texas, New York and Washington DC.

Remittances to El Salvador from relatives abroad are at an all-time high and account for almost 20% of El Salvador’s GDP, while in 2016 the World Bank reported that economic growth had reached 2.4% and was the slowest growing economy of Central America.

El Salvador joins Haiti, Nicaragua, and Sudan as the fourth country in four months to lose its Temporary Protection Status.

For more information, please see:

Vox News – Thousands of Salvadoran TPS workers clean federal offices. Now their livelihoods are on the line. – 11 January 2018

The New Yorker – What the Salvadorans Being Kicked Out by Trump Face Back Home – 9 January 2018

Reuters – Salvadorans say going home not an option after U.S. axes protection – 9 January 2018

Vox News – Trump’s attacks on humanitarian immigration just became a full-blown war – 9 January 2018

The Guardian – US says 200,000 people from El Salvador must leave within 18 months – 8 January 2018

NPR – U.S. Ends El Salvador’s Protected Status, Affecting 200,000 Residents – 8 January 2018

The Intercept – Ignoring Violence in El Salvador, Trump Ends Years of Special Protective Status for Immigrants – 8 January 2018

The New York Times – Trump Administration Says That Nearly 200,000 Salvadorans Must Leave – 8 January 2018

Reuters – U.S. moves toward expelling 200,000 Salvadorans – 8 January 2018

The Washington Post – ‘We will lose practically everything’: Salvadorans devastated by TPS decision – 8 January 2018

Congressional Research Service – Temporary Protected Status: Current Immigration Policy and Issues – 17 January 2017

1,000 Danes Charged With Distribution of Child Pornography

By Jenilyn Brhel
Impunity Watch Reporter, Europe

COPENHAGEN, Denmark – Over 1,000 adults and teens are facing charges for distribution of child pornography in Denmark.

Danish Authorities are Charging Approximately 1,000 People With Distribution of Child Porn. Photo Courtesy of Dan Kitwood.

Authorities in Denmark have charged approximately 1,000 Danes with distribution of child pornography after a video depicting sex between two fifteen-year olds was shared online.

The Danish national police’s cyber crimes unit reported that all but eight of the individuals charged are under the age of 25. Several fourteen-year olds who distributed the video are being spared charges.

The video clips in question, one fifty seconds long and one nine seconds long, were distributed through the Facebook Messenger App. The videos were recorded in March of 2015 and depict two teenagers engaging in sexual acts.

The videos reportedly depict a girl being penetrated with foreign objects. The girl stated she consented to the sex but not to the video being recorded or distributed. In a 2016 interview, she stated, “I tried to forget that evening. I knew that it was filmed, but I didn’t realize they would think of passing the videos on to others.” She later stated that the video was used in order to blackmail her in to sending nude photos of herself to the individual who recorded it.

After the clip was posted to the live feed, Facebook contacted the National Center for Missing and Exploited Children in the United States, who in turn contacted Dutch authorities.

Consensual sex between fifteen-year olds in Denmark is legal. However, the distribution of videos of teens engaged in sex violates Denmark’s child pornography laws. The minimum age for legal distribution of pornography is 18.

If convicted, those found guilty could face up to 20 days in prison. The conviction would remain on their records for ten years, during which time they could not become law enforcement officers or take certain positions working with children.

Mira Bech, a nineteen-year old who stated she saw the video and stored it, claimed “This will ruin my life. The world’s most ridiculous case. I couldn’t tell that the people in the video were under 18.”

The topic of explicit images being shared over social media without consent is not a new topic in Denmark. Emma Holten, who campaigns against bullying, said, “Four years ago, I would have felt sorry for them,” she said. “Back then you could have argued that they were not aware of that it was illegal, but today they know.”

For more information, please see:

CNN – Danish Police Charge 1,000 Young People With ‘Distribution of Child Porn’ – 16 January 2018

Newsweek – Child Porn Video Gets More Than 1,000 People Charged in Denmark for Sharing it – 16 January 2018

The New York Times – 1,000 Danes Accused of Child Pornography for Sharing Video of Teens – 16 January 2018

The Washington Post – Hundreds of Teens in Denmark Suspected of Sending Child Porn – 16 January 2018

Medical strike ends in Bolivia

By: Emily Green
Impunity Watch Reporter, South America

LA PAZ, Bolivia — A nation-wide medical strike has come to an end in Bolivia after 47 days. The country’s doctors had ceased work in protest of the government’s new criminal code.

Bolivian President Evo Morales. Image Courtesy of Getty Images.

Bolivian doctors went on strike in protest of the government’s Presidential Decree 3385 which created the Supervision Authority for the National Health System, and Article 205 of the new penal code which would sanction professional negligence and medical malpractice. Protestors demanded that this new law be repealed because it would penalize medical professionals who cause health or bodily harm through negligence or malpractice.

Essentially, doctors who are found guilty of physically harming their patients will face heavier sanctions. Also, an entity would be created to control and monitor their work. The new punishments include five to nine years in prison, the suspension of a professional title, and the seizure of assets.

At the beginning, doctors, medical professionals, and medical students all refused to work and most local hospitals were shut down. Only emergency rooms remained functioning. Protestors took to the streets and clashed with police. In La Paz, the police resorted to firing tear gas into the crowd because rocks and small explosives were thrown at them. In a different form of protest, nine doctors at the Greater University of San Andres began a hunger strike. Protests and riots continued through Christmas.

On Tuesday, Bolivian President Evo Morales welcomed the end of the political strike by the doctors. The President remarked, “We salute the doctors and workers who never went on strike – they have the vocation of service – and those who allowed the political strike that caused so much harm to thousands of sick people to be lifted.” He emphasized the willingness of his government to work for “a sensible, solid, universal and free health care service.”

Bolivia’s physicians report that the strike ended after reaching an agreement with the government that it would prepare new legislation and shelve the bill that had already been drafted. However, others note that the end is a response to the President’s threat to take legal action. Just days earlier, Morales announced legal actions to restore health services and made claims of conspiracy.

The government denounces the strike and claims that it was staged by opposing political forces who favor private health care. The result was the postponement of more than 800,000 medical appointments and 10,000 surgeries.

The country will use a national health care conference in early March to move forward and develop a universal and free health care system for the entire population.

For more information, please see:

Telesur – Bolivia: Medical Strike Ends as Gov’t, Doctors Ratify Deal – 10 January 2018

Herald Tribune – Morales Welcomes End of Bolivian Doctor’s Strike – 10 January 2018

Euronews – Bolivian health professionals continue to protest against new criminal code – 23 December 2017

TVC News – Bolivian Health professionals protest against new criminal code – 22 December 2017

Pakistan put on U.S. ‘Special Watch List’

By: Katherine Hewitt
Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan – “The protection of religious freedom is vital to peace, stability, and prosperity. These designations are aimed at improving the respect for religious freedom in these countries,” said a U.S. State Department official in response to releasing a “Special Watch List” for religious freedom violations. Pakistan was one of 10 nations placed on the list.

This designation comes after a 2017 report from the US Commission on International Religious Freedom. The report found issues with the blasphemy law under which at least 40 people are serving death or life sentences. The Pakistani government reportedly failed to protect terrorist and societal violence against Ahmadis and Shia Muslims, Hindus, and Christians. There are concerns over forced religious conversions for women.

However, the report did mention that the Pakistani government was taking some “encouraging gestures toward religious minorities.” The full report can be read here.  The U.S. government also found issue with Pakistan providing safe havens for terrorists.

Pakistan’s officials reject the placement of their country on this list. They believe that the placement is based on objective criteria as they have spent $120 billion over 15 years fighting terrorism. They will proceed forward by requesting a clarification on the rationale and implications.  Pakistan’s ambassador to the U.S. hopes that the two countries can continue constructively talking through this confusion to prevent instability in the region.

Ambassador Aizaz Ahmad Chaudhry of Pakistan. Photo courtesy of Natalie Liu.

In the meantime, the U.S. will decrease the amount of aid and suspend security assistance in the amount of $255 million to Pakistan

Tensions have been increasing between the two countries of late. Some analysts suggest that this timing is ‘very ominous.’ Bharath Gopalaswamy of Atlantic Council’s South Asia Center says, “…this is a reflection of the overall frustration of the United States with Pakistan.”

For more information, please see:

Voice of America – US Places Pakistan on ‘Special Watch List’ for Severe Violations of Religious Freedoms – 5 January 2018

Reuters – U.S. places Pakistan o watch list for religious freedom violations – 4 January 2018

Al Jazeera – US places Pakistan on religious-freedom watch list – 5 January 2018

U.S Department of State – Designations Under the International Religious Freedom Act of 1998 – 4 January 2018

U.S. Commission on International Religious Freedom – Pakistan – 2017 

Police Uncover More Than 150 Cases of Rape and Assault in Remote Norwegian Municipality

By Jenilyn Brhel
Impunity Watch Reporter, Europe

COPENHAGEN, Denmark – More than 150 instances of rape and assault have been uncovered by police in a remote region in Norway.

Sign for Tysfjord Municipality in Norway. Photo Courtesy of Tore Meek.

An investigation was conducted by police beginning in June 2016, after a Norwegian newspaper published accounts from 11 men and women who said they were assaulted. The police report documents 151 assaults spanning the period of 1953 to 2017.

Approximately 90% of the suspects and victims are part of the indigenous Sami community, who originally inhabited northern Scandinavia. The Sami community now lives in parts of Norway, Sweden, Finland and Russia. The community has an estimated population of 40,000 to 60,000.

The crimes span several generations, with some of the assaults dating back to 1953. The most recent crime occurred this past August. All of the crimes took place in a rural municipality called Tysfjord, which has a population of only 2,000.

Forty-three of the assaults were rapes, including of three children. Sexual intercourse with children under fourteen years of age is alleged to have occurred in 40 of the cases. The youngest victim is four years old.

Ninety-two suspects have been identified. They range in age from ten to eighty.

The Sami Parliamentary Council is an elected body representing the Sami people’s interests in Norway. Its president, Vibeke Larsen, called the scandal “a national tragedy” and urged Norwegian authorities to assist.

Larsen cited mistrust of the police as one of the reasons for the crimes going unreported. The Sami “don’t trust the police as much as the Norwegians do,” Larsen said. The Sami people have been told to become “good Norwegians and leave their own culture, language and symbols behind. That’s why they have distrust in the system.”

Head of Nordland County, Tone Vangen, acknowledged that the police “didn’t do a good job”, but also noted that the mechanisms within the Sami environment make it more difficult for police to investigate such crimes.

Anne Lindboe, ombudsman for the children involved, said “there has been a huge failure in the whole safety net that should have been around the children who have been subjected to abuse in Tysfjord.”

The police have acknowledged the mistakes made and stated that one of the aims of the investigation is to instill greater trust of Norwegian police in the Sami community.

Two people have been charged in ten cases so far, but many have been dropped due to the statute of limitations expiring.

For more information, please see:

CNN – Norway Police Uncover 150 Cases of Rape and Assault in Remote Region – 29 November 2017

Time – Rape and Child Sex Abuse in Remote Area Have Gone Largely Unreported and Uninvestigated, Police Say – 29 November 2017

USA Today – Norway Reeling After Multiple Rapes, Sex Assaults Uncovered Near Lapland – 29 November 2017

The Independent – Norwegian Police Uncover More Than 150 Rapes , Including of Children in Remote Region – 30 November 2017