Whipping Punishment Overturned for Teens

By R. Renee Yaworsky
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga—Two teenagers in Tonga have been spared a whipping sentence that would have given each six lashes with a rod.  The Court of Appeal overturned the sentence this week on the grounds that it would be considered “cruel and unusual.”

Timote Fangupo and Penisimani Fa’aoa, both now 17, were first imprisoned for crimes they committed when they were 15.  They served time for housebreaking and theft, and escaped from prison three times.

The whipping sentences, accompanied by a 13-year prison term, were set late last year by Justice Shuster, a British Commonwealth High Court Judge who had been appointed to Tonga in 2008.

The whipping punishment had not been used in Tonga in 30 years.  The Appeal Court took modern global trends into account when deciding which course to take in this case.  Their judgment stated that, “interpreted in the light of international conventions and decisions of this Court it might be argued that the whipping provision is now unconstitutional.”

The Appeal Court acknowledged that international attitudes toward corporal punishment had changed over the past 20 years, saying, “A number of countries have adopted or amended constitutions to prohibit cruel and unusual punishment.  Tonga has not amended its constitution.”

The Court cited the UN’s Human Rights Committee, the Inter-American Court of Human Rights, and the European Court of Human Rights, all of which have spoken out against whipping or flogging.

Also noted by the Justices was the controversy concerning whether it is ethical for a physician to certify offenders as being fit for whipping.  The judgment mentioned that medical ethics may “prevent a doctor from participating in the infliction” of such a punishment.

The Court concluded that the whipping punishment would be excessive, and that the sentencing judge had committed error by taking certain prejudicial factors into account: “There had been assaults on prison staff in ‘Eua and the burning of the prison in Tongatapu.  There is no suggestion that either of the appellants had anything at all to do with either of these incidents; indeed, their offending and their imprisonment is on the island of Vava’u.”

Instead of enduring the whipping, the teenage appellants will now serve prison sentences totaling six years.

Tonga’s Human Rights and Democracy Movement congratulated the Appeal Court for overturning the sentence.  The Movement’s  director, Po’oi Pohiva, said, “Such punishment should no longer be seen given the international laws that uphold and promote the dignity of the human person.”

For more information, please see:

Matangi Tonga-Appeal Court overturns “cruel” flogging sentence for 17-year-old prisoners-14 July 2010

Radio New Zealand International-Tonga NGO congratulates Appeal Court on whipping decision-14 July 2010

New Zealand Herald-Tonga stops whipping-14 July 2010

Conference in Brazil Addresses Women’s Rights

By R. Renee Yaworsky
Impunity Watch Reporter, South America

BRASILIA, Brazil—A conference on issues affecting women in Latin America and the Caribbean was held this week in Brazil with hopes of achieving equality between men and women.  Members called on regional governments to ensure women’s autonomy and economic empowerment.

The eleventh session of the Regional Conference on Women in Latin America and the Caribbean was organized by the UN Economic Commission for Latin America and the Caribbean (ECLAC).  Over 800 delegates were present, representing more than 30 nations.  The theme chosen for the conference was “What kind of State?  What kind of equality?”

ECLAC presented a position paper, the Brasilia Consensus, detailing past accomplishments and future challenges in the realm of gender equality.  The document announced that women in Latin America and the Caribbean are burdened by a heavier overall workload than men, much of which is unpaid domestic labor.  Women in the workplace are still discriminated against and receive lower wages than their male counterparts.  The paper proposed a social covenant that would balance workloads more evenly between men and women and facilitate women’s access to paid jobs.

“It will not be possible to achieve equality for women in the workplace until the burden of unpaid and care work, which they have historically shouldered, has been resolved,” said ECLAC’s executive secretary, Alicia Barcena.  “This calls for the establishment of a new virtuous equation that encompasses the State, the market and the family.”

ECLAC’s data from 2008 reports that 31.6% of women over age 15 —but only 10.4% of men– had no income of their own.  8.3% of women were unemployed, while only  5.7% of men were in similar circumstances.

Other goals mentioned in the Brasilia Consensus included women’s increased participation in political processes, access to new technologies, and the elimination of all violence against women.  For women suffering as victims of violence, the Consensus demanded justice and free legal assistance.

Members of the conference promised solidarity with earthquake-ravaged Haiti and Chile, agreeing to aid in reconstruction and work for gender equality in those countries.

A delegation from the conference was received Wednesday by President Luiz Inacio Lula da Silva and handed the Brazilian leader a copy of the Brasilia Consensus.  The same day, the new UN Entity for Gender Equality and the Empowerment of Women was introduced.

For more information, please see:

CRI English-“Brasilia Consensus” Calls for Women’s Rights-17 July 2010

Jamaica Observer-Caribbean women still getting raw deal in labour market-16 July 2010

Unifem-Regional Conference on Women in Latin America and the Caribbean Calls for New Social Covenant to Achieve Equality in the Workplace-16 July 2010

Riots Erupt in Northern Ireland

By Tristan Simoneau
Impunity Watch Reporter, Europe

Cars burn during rioting in Belfast on July 12th. (Image courtesy of CNN)
Photo: Cars burn during rioting in Belfast on July 12th. [Source: CNN]

BELFAST, Northern Ireland – On July 11th, riots erupted in Belfast when a Protestant march passed through areas mainly populated by Catholics.  Despite the calm in the region since a 1998 peace deal, violence still often breaks out around July 12th as Catholics try to prevent marches.  Known as The Twelfth, the holiday has been marred by violence and has been a continuing source of tension between Catholics and Protestants. The date marks Prince William of Orange’s victory over the Catholic King James II at the Battle of the Boyne in 1690.  The month of July is the height of the “marching season”, a six-month period in which the pro-British Protestant fraternal organization, the Orange Order, takes to the streets to celebrate the ascension of William of Orange to the British throne.  The past decade has seen a gradual decrease of tension between the groups, until this year.

On the night of the 11th, twenty-seven officers were hurt, including three who were shot at close range by a man armed with a shotgun.  On July 12th, the day of the march, police had to remove demonstrators who staged a sit-down protest to block the march.  Rioting erupted soon afterwards and more than 50 officers were injured.  There are reports that on July 13th, four to six shots were fired at police in the mainly Catholic Ardoyne district of Belfast.  Many rioters also threw petrol bombs and stones, prompting police to use water cannons to deter the attacks.  Now police commanders are saying that the rioting appears to be on the wane after four nights of attacks that have left more than 80 officers wounded.  A Belfast deputy commander, Duncan McCausland, said rioting Wednesday night and Thursday morning involved “a substantially smaller group of people.”

Politicians have accused the Irish Republican Army of directing the violence that began Sunday night.  British Prime Minister David Cameron condemned the behavior of the protestors as “completely unacceptable” and praised the police for their “bravery and restraint.”   Cameron said Northern Ireland’s police force is under local control and is no longer taking orders from London. The Prime Minister also stated “there is no excuse for anyone not to cooperate with the police force.”

The Chief Constable of Northern Ireland, Matt Baggot, has stated that his force is determined to bring those responsible to justice.  Five arrests have been made following the violence.

For more information, please see:

CHRISTIAN SCIENCE MONITOR – Northern Ireland riots raise worries about ‘bad old days’ – 15 July 2010

IRISH TIMES – Fourth night of riots in Belfast – 15 July 2010

AP – Police dodge gunfire in 3rd night of Belfast riots – 14 July 2010

BBC – ‘Significant arrests’ promised after Belfast riots – 14 July 2010

CNN – Third night of violence in Belfast – 14 July 2010

Egyptian Bedouin Rights Activists Released

By Alyxandra Stanczak
Impunity Watch Reporter, Middle East

Mosaad Abu Fagr, Bedouin activist, was released from detention this past Tuesday. (Image by Amnesty International)

Photo: Mosaad Abu Fagr, Bedouin activist, was released from detention this past Tuesday. (Image courtesy of Amnesty International)

EL ARISH, Egypt – This past Tuesday, July 13, 2010, Bedouin rights activist and blogger Musaad Suliman Hassan Hussein, also known by his pen name Musaad Abu Fagr, was released from Abu Zaabal Prison. Hussein had been detained without trial for approximately three years under Egypt’s Emergency Law.

On the day of Hussein’s release, Ibrahim al-Arjani and Mohamed Isa al-Manai, also activists for Bedouin rights, were released from the same prison. Together, these three activists were accused of organizing protests among the 200,000 Bedouins living in the northern Sinai Peninsula.

Bedouins residing in Egypt’s Sinai Peninsula have faced high unemployment in recent years and continue to face labor inequities. Although the Sinai Peninsula is Egypt’s main region for oil drilling and processing, most oil-related jobs go to workers from the Nile area, instead of local Bedouins. 

Bedouins have protested this selective employment, saying that it is tantamount to government discrimination. Protests in the area have led to thousands of arrests since 2004. In addition, Bedouins in the area have not shared in the increased revenue derived from the booming tourism industry in the Sinai Peninsula area.

Hussein, al-Arjani, and al-Manai blogged bout the disparate treatment of Bedouin in Sinai Peninsula before their respective arrests. Hussein was arrested three years ago, charged by the government with the possession of unlicensed firearms, driving a car without a licence, and provoking unrest.

Each time a court issued an order for Hussein’s release in the past three years, the Egyptian Ministry of the Interior would intervene and block his release pursuant to Egypt’s Emergency Law. The Emergency Law, which was been in place since 1981, was renewed for a two-year period in May 2010.

The Emergency Law gives the Egyptian  government the power to arrest people without charge, detain prisoners indefinitely, limit freedom of expression and assembly, and maintain a special security court.

For more  information, please see:

Amnesty International – Egypt releases bedouin rights activist – 14 July 2010

Los Angeles Times – Egypt: Government shows goodwill toward Sinai Bedouins – 14 July 2010

BusinessWeek – Egypt creates Sinai oil jobs to quell Bedouin unrest – 13 July 2010

Reuters – Egypt releases three Bedouin activists in Sinai – 13 July 2010

New York Times – Egyptian emergency law is extended for two years – 11 May 2010

Child Slavery In Haiti Expected To Double From 300,000

By Erica Laster
Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti – Despite being the first country to abolish slavery in the Americas, the recent earthquake leaving Port-Au Prince in ruins has increased fears of a soar in child slavery.  Jean-Robert Cadet, a Haitian advocate an author suspects that the number of child slaves will double from its previous number of 300,000 in the country.  The 10 Americans caught at the Dominican border with 33 Haitian children in February only serves to fuel these concerns.

Restavek Child Scrubs Pots In Haiti
Restavek Child Scrubs Pots In Haiti, Photo courtesy of ABC News

ABC News reported that according to UNICEF, there are approximately 300,000 child slaves in Haiti, also known as “restaveks”, a Creole term meaning “stay-with.”  Haiti’s restaveks are part of a hundred year system which impoverished families use, sending their children away to wealthier Haitian families, who often subject the children to verbal, physical and sexual abuse the Dissident Voice reports.  Poverty forces many Haitian families to sell their children for money or material goods in order to survive.  Some however, simply give their children away without payment, an action taken to save on the cost of feeding and caring for their child.  

Despite Haiti’s ratification of the UN Convention on the Rights of the Child on December 29, 1994, little progress was made in eradicating the problem of child slavery in the country.  Now, many people may seek to capitalize on the desperation of families and the inability of children to find and re-unite with their families.  With poverty on the rise in this country devastated by an earthquake with quickly depleting resources, these same children may escape to richer countries, but only to serve as slaves.

“Once children enter the family, they become a domestic slave and they are at the mercy of everyone in the house. The only thing worse is if the child is a girl, because there is sexual abuse and the risk of pregnancy once she reaches puberty,” says Jean-Robert Cadet, advocate and author of “Restavek.”

According to Cadet, 80% of the slaves are girls.  Cadet himself was given to a Haitian family as a restavek at the age of 4 after the death of his mother. In the 1970’s, the family moved on to the United States.

After killing more than 300,000 people, the earthquake has left countless more homeless, with children at great risk for survival, violence and kidnapping.  Cadet leaves for Haiti on Monday to monitor the tent camps of earthquake victims and restavek children’s treatment.

For more information, please see:

CNN Child Slavery a Growing Problem In Haiti, Advocate Says  11 July 2010

BBC News Haiti’s hidden ‘child slaves’  20 March 2007

Dissident Voice Child Slavery In Haiti 3 February 2010