Netherland’s Law Violates the Human Rights of Transgender People

September 13, 2011

By Greg Hall
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – In 1985, the Netherlands passed a civil code that required transgender people to take hormones and undergo surgery to alter their bodies to permanently and irreversibly sterilize their bodies before their gender would be legally recognized. This law, article 28 of the civil code, is being scrutinized because it violates transgender people’s rights to personal autonomy and physical integrity and to define their own gender identity.

Human Rights Watch (HRW) argued that the law should be amended to respect transgender people’s rights by separating legal and medical questions for transgender people.

A picture taken from Inside Out/Portraits of Cross-gender Children. (Photo courtesy of Human Rights Watch)

Boris Dittrich, advocacy director in the Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights Program at HRW stated, “the Dutch law causes anguish for trans people who have not had the required surgery. Their documents do not match their deeply felt gender identity. This leads to frequent public humiliation, vulnerability to discrimination, and great difficulty finding or holding a job.”

HRW interviewed several people about the law. One of the interviewees stated, “People are left dangling in between two worlds for far longer than is necessary. It is needlessly traumatizing for people who are already very vulnerable.” Another comically commented that the “state should stay out of our underwear.”

Under the current law, some courts have held that the transgender people do not even have the right to use their chosen first name. The Dutch government has made statements about repealing the law that violates human rights. In March of 2011 the state secretary for security and justice promised to present a bill that would abolish the infertility requirement. However, the bill has yet to be introduced.

Dittrich stated, “trans people are tired of waiting and hearing empty promises. They want legal action now. Before any new law goes into effect, a lot of time will have passed. Meanwhile trans people have to cope with daily humiliation, discrimination, and frustration.”

For more information, please see:

Human Rights Education Associates – The Netherlands: Transgender Law Violates Human Rights – 13 September 2011

Human Rights Watch – The Netherlands: Transgender Law Violates Human Rights – 13 September 2011

Violence Surpasses Car Accidents as Leading Cause of Death for Youths in Mexico

September 13, 2011

By Brittney Hodnik
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – A new report confirms that the leading cause of death for young people in Mexico is violence. The country has been fighting drug cartels, drug violence, prostitution rings, and human trafficking issues for about four years and nothing has improved. Men and women of all ages are subject to daily violence stemming from drug cartels and the government alike.

Map showing which drug cartels are prominent in different areas of Mexico. (Image Courtesy of BBC News)

According to the Los Angeles Times, Mexico has been involved in a drug war since 2007. In 2008 and 2009, deaths among young people rose 150%. Young people are defined as those individuals between the ages of 15 and 29. Violence is now the leading cause of death, surpassing car accidents.

Mexico’s government database on deaths shows astonishing numbers. The Los Angeles Times reports that 1,638 young people died in 2008 due to suspected drug-related attacks. This number rose to 2,511 in 2009 and 3,741 in 2010. By no means are the young people targeted in particular. CNN reports that in the past four and a half years, tens of thousands of people have been killed due to violence in the country. BBC News puts this number at an estimated 40,000 since 2006 when President Calderon took office.

The most hard hit areas, accounting for half of the total homicides are Chihuahua, Baja California, Guerrero, Sinaloa and the state of Mexico (bordering Mexico City), reported the Los Angeles Times.

One of the major problems is that the drug cartels are so well armed. It makes violence easy when the gangs have automatic weapons and protective armor. American dollars largely fuel the success of the drug cartels. Because there is such profitability for illegal drugs in the United States, billions of dollars go straight into the cartels’ pockets. Not only does the United States provide the funding, but also, many of the weapons themselves were made in the U.S. and smuggled over the border.

It should also be noted that these are often not accidental deaths. BBC News reports that the attacks are gruesome and it is common to find mass graves containing dozens of bodies. Families are taken out one member at a time. Even though thousands of troops and police have been deployed, violence has gotten progressively worse. BBC News also reports that many police are corrupt and further escalate the violence.

Interestingly, Mexican citizens between the ages of 15 and 19 years old are the group most approving of torture and the death penalty against suspected cartel criminals, according to the Los Angeles Times. Mexico’s drug war wages on, attempting to decrease the number of violence-related and drug-related deaths among young people and other citizens.

For more information, please visit:

MySanAntonio.com — Defeating Cartels Serves U.S. Interests — 13 Sept. 2011

The Los Angeles Times — More Mexico Youths Die From Violence Than Car Wrecks, Report Says — 12 Sept. 2011

CNN World — Tales From Mexico’s Drug Wars, WikiLeaks Style — 11 Sept. 2011

BBC News — Q&A: Mexico’s Drug-Related Violence — 26 Aug. 2011

Sri Lanka Holds on to Restrictive Powers

September 12, 2011

By: Greg Donaldson
Impunity Watch, Asia

COLOMBO, Sri Lanka — On the last day of August, President Mahinda Rajapaksa requested that the Sri Lankan Parliament allow the emergency powers given to his government to expire. The regulations, which have been in place since 1971, gave the government unrestrained power to search, arrest, and detain.

Sri Lankan detention centers (Photo Courtesy of BBC) — Sri Lankan detention center (Photo Courtesy of BBC)

Many sources claim that this broad governmental power led to many people being tortured, unlawfully detained, and forced to disappear. The majority of the victims belong to the political party known as the Tamil Tigers.

The Sri Lankan government has come under heavy criticism since the government defeated the Tamil Tigers in a twenty-six year war that ended two years ago. Instead of allowing the emergency powers to expire at the conclusion of the war, the government clung to the powers until last month.

While allowing the emergency powers to expire appears to be an act of good faith by the government, many are calling this action deceitful and a “bait and switch” by the government.

The 1979 Prevention of Terrorism Act and several other laws still exist which give the government power to detain individuals up to eighteen months without trial. Furthermore, proposed legislation will allow the regime to keep the over 6,000 people currently held under the expired emergency powers act.

“The Sri Lankan government announced that the state of emergency is over, but it is holding on to the same draconian powers it had during the war,” said Brad Adams, Asia director at Human Rights Watch.

Many groups and journalists have cautioned the world that the Sri Lankan government’s power has not changed since the emergency regulations expired. A local journalist wrote “we hope that the government will not hoodwink the international community by publicizing that the country’s emergency laws have been abolished.”

The outgoing attorney-general, Mohan Peiris, told BBC that the expiration of the emergency powers should lead to the release of long term prisoners. However, he later told other journalists that “no suspects will be released and there is no change even though the emergency has been allowed to lapse.”

Peiris continued to explain that the government would create more legislation that would allow the secretary of defense or the president to pass emergency laws as needed. An example of this occurred on August 6 when the president granted the military search and arrest powers. It is unclear how short or long this decree will last.

Sri Lankans are relieved that the state of emergency and the war are over, but the world is keeping its eye on the government.

For more information, please see:

Associated Press — Rights group says Sri Lanka still uses abusive detention laws despite end of war — 8 September 2011

BBC – Human Rights Watch condemns ‘draconian’ Sri Lankan laws – 8 September 2011

Daily Mirror – Laws that promote democracy and development – 7 September 2011

Human Rights Watch – Sri Lanka: ‘Bait and Switch’ on Emergency Law – 7 September 2011

Protests Against Reigning Monarch Turn Violent in Swaziland

September 12, 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

MBABANE, Swaziland – On Wednesday, 7 September, police fired rubber bullets and tear gas to disburse crowds during a protest against Africa’s last monarch King Mswati III. Police action led to the hospitalization of six people for injuries, including head injuries. Officials attempted to disburse the rally when representatives from the Congress of South African Trade Unions (“COSATU”) attempted to address the crowd.

: Protesters in Manzini. (Photo Courtesy of Times of Swaziland)

Sibongile Mazibuko, head of the Swaziland National Association of Teachers, said “When COSATU representatives got up to speak, police gathered to remove them. The crowd tried to protect them. There were gunshots (of rubber bullets), teargas.” The organization reports officials beat Swazi union leaders, and they will deport COSATU leaders.

Swazi unions invited COSATU to join their marches for the “Global Week of Action”. The protests called for an end to Mswati’s twenty-five year absolute monarchy. Approximately forty-five COSATU representatives traveled to Swaziland to participate in the marches. The marches began on Monday in Mbabane. On Wednesday, the security forces used the rubber bullets and tear gas after about 1,000 students threw stones and bottles at them. Coordinator of the Swaziland United Democratic Front Sikelela Dlamini reports, “Some people were beaten to a pulp.”

A march also took place in Manzini where 5,000 people gathered at a non-violent stand-off with the police. The police reacted similarly to Mbabene in the town of Siteke towards 3,000 unarmed and peaceful protestors. However, a police spokesperson stated a police officer was injured in the skirmish. At these protests, the police arrested and beat several protesters.

On 9 September, COSATU and Swaziland Democracy Campaign will hold marches at South African Reserve Bank branches. More violence may also arise when activists deliver a petition to end Mswati’s rule. These activists are inspired by the North African uprisings against autocratic rulers.

Corruption and declining customs revenue have forced Swaziland into a financial crisis. Custom revenue represented about two-thirds of Swaziland’s revenue. However, custom revenue diminished during South Africa’s 2009 recession. This financial crisis had created a shortage of medication in the country.

To combat the crisis, the government has cut student allowances and frozen civil servant salaries rather than royal household or military spending. The Swazis advocate that Mswati cut the spending that support the his lavish lifestyle and that of his thirteen wives and children. Mswati’s fortune estimates $200 million.

For further information, please see:
Boston Globe – Protesters against Swaziland king clash with police – 8 Sept 2011
Reuters – Thousands march against Swaziland king – activists – 8 Sept 2011
The Botswana Gazette – South Africa unionists deported in Swazi protest crackdown – 8 Sept 2011
Times of Swaziland – 45 COSATU members here for protest march – 7 Sept 2011

Activist Killed and Opposition Infrastructure Damaged in Pre-Election Violence

September 12, 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of Congo – On Tuesday, 6 September, police officers shot an activist at the offices of the Union Democracy and Social Progress (“UDPS”) during pre-election violence. Attackers also damaged UDPS headquarters and a local television station RLTV. Both organizations oppose the current government.

Activists gather outside their attacked offices in Kinshasa. (Photo Courtesy of BBC)

UDPS asserts the police shot at their offices with live ammunition, but Kinshasa’s police chief General Jean-Dieudonne Oleko did not comment on the claims. Congo Planet reports the police shot ammunition to disperse a protest involving UDPS members. Security Minister Adoph Lumanu stated the police fire wounded twelve people.

Current President Joseph Kabila, representing the People’s Party for Reconstruction and Democracy (“PPRD”), is up for reelection in November, and UDPS candidate Etienne Tshisekedi is his main challenger. Tshisekedi, leader of UDPS, registered his presidential candidacy on Monday. The BBC reports a witness spotted the attackers of the UDPS offices wearing PPRD T-shirts.

Attacks on UDPS headquarters occurred overnight, and tensions between the two candidates are rising. During the two early morning attacks, people looted and ransacked Tshiekedi’s offices. Additionally, attackers lit RLTV on fire. RLTV is an independent television station that supports Tshisekedi. The government previously attempted to silence the news station. The news station has been off air since the attacks. UPDS chief of staff Serge Mayamba reports the attacks occurred around 2 A.M.

UDPS members that followed Tshisekedi to his presidential registration attacked a PPRD building in a similar manner on Monday. They also set two cars on fire at the PPRD headquarters.

Kabila replaced his assassinated father as leader of this central African country. Kabila has ruled the country since 2001, and in 2006, he won the country’s first free and fair election. This election spurred an investment boom in the region, specifically in the southern Cooper Belt.

Tshisekedi fears Kabila will rig the election. He boycotted the 2006 election, and the UDPS now requests access to the electoral commissioner’s server to review election data and polling stations to ensure a fair election.

DR Congo’s Interior Minister Adolphe Lumanu Mulenda stated at a news conference that “Probably reacting to the attack on the inter-federal seat of the PPRD, some troublemakers have sacked the offices of the UDPS and RLTV television channel.”

The BBC reports the capital remains tense. However, UDPS Secretary-General Jacquemin Shabani asks his party members and the police cease the violence.

For further information, please see:
BBC – Activist dies in Democratic Republic of Congo unrest – 6 Sept 11
Bloomberg – Congo TV Station Burned in Pre-Election Political Violence – 6 Sept 2011
Congo Planet – Tensions Rise as Tshisekedi Enters Presidential Race – 6 Sept 11
Forbes – Police shoot protesters in Congo; 1 dead, 12 hurt – 6 Sept 11