Human Traffickers in Mozambique

By Kylie M Tsudama

Impunity Watch Reporter, Africa

MAPUTO, Mozambique – Seven people suspected of trafficking women from Mozambique to South Africa have been arrested.  They are part of a gang that specializes in trafficking women who are to become prostitutes.

On March 17,the police intercepted a young woman who was being transferred to two supposed buyers and arrested the three Mozambicans who were handing her over.  Four more gang members were arrested later in the day.

The police worked with reporters from Johannesburg, who infiltrated the organization by posing as people interested in buying Mozambican girls to be taken back to South Africa to work in the sex industry.  The Johannesburg media group, Media24, had one team member pose as a nightclub owner interested in purchasing Mozambican girls for his patrons.  He was taken to Maputo to meet four other traffickers in Mozambique, when he secretly recorded their conversations.

Media24 released tape recordings between their team and the traffickers.  The tapes reveal that the gang has been working in Mozambique since at least 2004 trafficking women to South Africa at a rate of thirty to forty women a month.  The trafficking gang is made up of 15 Mozambicans and several Chinese citizens, with the main trafficker being Nando Matsingi of Rosettenville, Johannesburg.

Matsingi claims to have police contacts who make sure transportation goes smoothly.  “Friendly policemen” help him smuggle the women across the South Africa-Mozambique border every week.

“I do this very often,” said Matsingi.  “I took three girls last week.  One was Chinese and the other two were Mozambicans.”

Two other traffickers told Media24 that Mozambican girls were available “at any time” but that the trafficking ring went as far as China and Chinese girls were also being sent to South Africa.  The girls from China come to Maputo on cargo ships before being sold.

The women are sold for about $670 each.

The women are as young as 16-years-old.  They happily pose for pictures when buyers come to see them.  They believe that they are being sent to South Africa to work in hotels and restaurants as waiters.  Instead, when they arrive they are forced to become prostitutes.  If they resist they are raped and beaten into submission.

On March 30, a Maputo judge released the seven traffickers.  A Mozambican police spokesman said he did not know why the judge released them.  However, their release does not mean that the case against them is dropped.  The public prosecutor’s office can still press charges against the men but in order to detain them there must e a serious risk that they will flee the country.

Jurist Abdul Carimo, chair of the South African Network against Trafficking and Abuse of Children (SANTAC), said that Mozambique has laws that deal with human trafficking.

“The law passed in 2008 is in accordance with United Nations conventions against trafficking,” he said.  “It protects whistle-blowers and witnesses.  It guarantees anonymity to whistle-blowers.  It penalizes those who help the traffickers.  It protects the victims and does not depend on them making a complaint first.”

When asked about why the law isn’t being used, Carimo responded, “You’ll have to ask the police that.”

He added, “The general problem in Mozambique is not any lack of laws.  It’s lack of implementation.  It’s not because of any lack of legislation that the police don’t act.”

For more information, please see:

AllAfrica – Judge Releases Traffickers in Women – 30 March 2010

AllAfrica – Network of Human Traffickers Exposed – 26 March 2010

AP – 7 Suspected Human Traffickers Exposed – 26 March 2010

Fox News – 7 Suspected Human Traffickers Exposed – 26 March 2010

Turkey Looks for a Solution with Cyprus

By Brandon Kaufman
Impunity Watch Reporter, Middle East

NICOSIA, Cyprus– As U.N. Secretary General Ban Ki-moon arrived on the island of Cyprus late Sunday afternoon he had a message for both the Turkish and the Greek Cypriots.  Mr. Ban stated that “a solution is in reach.  The future is in your hands.”

Cyprus has been split into a Greek and a Turkish sector since 1974, when troops from Turkey landed in the north of the island in response to a coup by Greek nationalists.  Almost a decade later, the Turkish population in the north declared itself independent, but the Turkish Republic of Northern Cyprus, or KKTC, is recognized only by Ankara.

When all is said and done, the fate of the peace talks is as important to Turkey as it is to the Cypriots themselves.  That is because an agreement on the island would remove one of the biggest obstacles for Turkey’s bid to become a member of the EU.  That bid for membership is currently being blocked due to the Turkish government’s refusal to recognize the Greek Cypriot republic, which is an EU member.

Furthermore, productive peace talks may enable Turkey to boost its attempts to become a regional superpower with very little, if any, problems in its relations with regional neighbors.  At the same time, however, the Turkish government is treading carefully.  They must be careful to ensure that they are not neglecting national interests at the expense of a solution regarding Cyprus.

Dimitris Christofias, the Greek Cypriot President, has been involved in unification talks under U.N. supervision with Mehmet Ali Talat, the Turkish Cypriot leader, since 2008.  Last week, Talat said much progress has been made on the delicate question of sharing power between the Greek majority and the Turkish minority, but no deal has been struck as of yet.  Moreover, many difficult issues such as property and security are still on the table.

Said Tayyip Erdogan, the Turkish Prime Minister, “We are trying to get this thing solved within the year.”  He also noted that British Prime Minister Gordon Brown called him last week to determine whether Turkey was willing to undertake a joint effort to reach a solution.  Erdogan said that Turkey was willing to talk “without preconditions.”

For more information, please see:

Tehran Times- U.N. Chief Ban Ki-moon says Cyprus Solution Possible– 2 February 2010

The National- Turkey’s Eye is on Cyprus Peace– 1 February 2010

New York Times- U.N. Chief Offers Support for Cyprus Peace Talks– 1 February 2010

Woman’s Caning Sentence in Malaysia Commuted

By M.E. Dodge
Impunity Watch Reporter, Asia

PAHANG, Malaysia – A woman in Malaysia, Kartika Sari Dewi Shukarno, originally sentenced last July to caning for violating a Muslim law,  has had her punishment commuted. The Islamic department in Pahang announced that the state’s sultan decided to spare her.

Kartika, a former model and nurse, was initially sentenced to be caned. The mother of two had pleaded guilty to the crime. At the time, if the punishment had been carried out she would have been the first woman to be caned in Malaysia, where about 60% of the 28 million people are Muslims. Kartika was supposed to receive six strokes of the cane, and a fine of 5,000 ringgit (about $2,000) for drinking beer in December 2007 at a beach resort.

Kartika Sari Dewi Shukarno with her children Muhammad, 7, left, and Kaitlynn, 5. Photograph of Kartika Sari Dewi Shukarno and her two children. Image courtesy of: The Age.

The public reaction to Kartika’s sentence prodded an already fiery debate over whether Islamic laws should intrude into people’s private lives in this Muslim-majority country. Many people had condemned the punishment, sand expressed the concern that this was a sign that conservative Islamists are gaining influence over the justice system.

Malaysia follows a dual-track justice system. Shariah laws apply to Muslims in all personal matters. Non-Muslims – Chinese, Indians, Sikhs, and other minorities are covered by civil laws, and are free to drink alcohol. There are only three states in Malaysia, Pahang, Perlis and Kelantan that impose caning for drinking alcohol. In the other 10 states it is punishable by a fine. According to local sources, the caning would be different from the corporal punishment administered to male criminals under secular civil laws. Drug offenders, kidnappers and others are caned with a thick rattan stick on bare buttocks that break the skin and leave lifelong scars.

After Kartika was sentenced, the Prisons Department declared it was ready at any time to carry out the caning of Kartika, but were only waiting for an order from the Syariah court. Her sentence set precedent for sentencing women to caning for civil law violations again Muslim-based rules, three other Muslim women were sentenced to caning, and they became the first women to actually be caned. They were being punished for having sex out of wedlock.  Allegedly their cases did not draw as much national attention, because the caning was kept a secret until after it was done. Later, the women appeared before local media and said they deserved the punishment.

In carrying out the caning sentences, the country’s prison authorities have now demonstrated their willingness to carry out caning sentences on women if ordered to do so by a Syariah court.

For more information, please see:

CNN International – Malaysia commutes woman’s caning sentence – 3 April 2010

New Tang Dynasty News – Malaysian Woman’s Caning Sentence Dropped – 2 April 2010

Tha Malaysian Insider – Outrage over women’s caning – 3 April 2010

BBC World News – Malaysia beer drink woman’s caning sentence commuted – 3 April 2010

Latest Boat Arrivals Cause Detention Facility on Christmas Island to Exceed Capacity

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – The recent arrival of 138 asylum seekers to Christmas Island has caused the detention center to exceed its maximum capacity for the first time.

Afghan and Iranian asylum seekers who were on board the HMAS Melville brought the detention center’s capacity above 2040.  The center reached maximum capacity even though three charter flights were sent to Australia’s mainland in the last week.

Among the asylum seekers on board the HMAS Melville were two young Iranian girls.  The girls will be given new clothes and shoes.  They will all be subject to processing and health checks at Christmas Island.

Navy crews aboard the HMAS Larakia also intercepted another boat, thought to be carrying seventy-nine asylum seekers and four crew members.  These individuals were also brought to Christmas Island.

Officials on the Island attempted to provide space for the detainees, many of whom slept in rooms that are typically used for teaching English or conducting interviews with immigration officers.

Despite exceeding capacity, an official from the Department of Immigration and Citizenship stated that there was room for the new detainees.

Opposition leaders continue to protest Prime Minister Rudd’s policies and believe that the government must be tougher on the handling of border security.  The Opposition believes that Rudd was extremely compassionate back in 2008 which caused an influx of boats.

Tony Abbott, a Leader in the Opposition Party, stated that under the current administration, Australia is “getting three boats a week, and all records are likely to be broken this year when it comes to unauthorised arrivals”.

The Opposition Party believes that stronger measures must be implemented but  the government should not go as far as to reintroduce the Pacific Solution, under which poor Pacific Islands were used as refugee processing centers.

Furthermore, Mr. Abbott stated that these individuals “are people who have no … lawful reason to come to Australia and they should be put on the plane as quickly as possible. And in the meantime, they should be treated humanely.”

Many individuals are expected to be transferred to the Australian mainland.  These individuals will include both those who will be granted permanent visas as well as those who will be deported.

For more information please see:
Herald Sun – Christmas Island detention centre reaches asylum seeker limit – 03 April 2010

Herald Sun – Two refugee girls will be placed in Christmas Island detention centre – 03 April 2010

Sydney Morning Herald – Detention centres pushed to overflow – 02 April 2010

Judge Finds Warrantless Wiretapping Program Illegal

By Stephen Kopko

Impunity Watch Reporter, North America

SAN FRANCISCO, United States-On Wednesday a federal district court judge ruled that the Bush Administration’s use of the warrantless wiretap program may be illegal.  Judge Vaughan Walker found that the government may liable for civil damages for allegedly using the program against the al-Haramain Islamic Foundation.  Further, Judge Walker ruled that the government could not use the “state secrets privilege” in refusing to inform the organization whether the government used the program.

The warrantless wiretap program was used by the Bush Administration in the wake of the September 11, 2001 attacks.  It allowed the government to wiretap electronics and telecommunications of United States citizens deemed by the executive to have ties to terrorist organizations without a warrant.  Since the program was implemented, privacy advocates have challenged its constitutionality in the federal courts.  Until recently, privacy advocates were not successful in their attempts to show how the program is unconstitutional.  Invoking the state secrets privilege, the executive branch was successful in keeping secret who they were spying on.  According to the privilege, the government has the power to not provide classified information to certain organizations because doing so would threaten national security.  The program bypasses the government’s requirements under the FISA laws.  According to the FISA laws, a court approved warrant is required before the government can wiretap a person or organization’s electronics.

In the case before Judge Walker, the al-Haramain Foundation argued that they were illegally spied on by the United States government. The Foundation was designated as a terrorist organization.  It requested information on whether the government used the warrantless wiretap program against them. The government invoked the state secrets privilege not admitting whether or not it spied on the organization.   It also argued that the executive has the power to implement the warrantless wiretap program based on national security.

Judge Walker’s ruling rejected the government’s state secret’s defense.  Judge Walker found that the foundation provided enough declassified evidence to show they were illegally spied on by the United States government.  Therefore, the government may be liable for damages.  He also wrote that the FISA laws were “enacted specifically to rein in and create a judicial check for executive-branch abuses of surveillance authority.”  The government will decide in the next few weeks whether to appeal the ruling.

For more information, please see:

Christian Science Monitor-Bush wiretap program gets rebuke from federal judge-1 April 2010

NY Times-Ruling on Wiretapping Poses Challenge for Obama-1 April 2010

CNN-Government held liable in warrantless wiretapping case-31 March 2010