Indigenous Political Prisoners Tortured in Chile

By Sovereign Hager

Impunity Watch Reporter, South America

CONCEPCIÓN, Chile-Imprisoned Mapuche activists told members of the press that they were torture, framed, and discriminated against by police and persecuted by prosecutors. The activists were arrested under a national security and anti-terrorism law adopted during the period of military dictatorship in Chile.

Charges against the activists range from “terrorist association” to attempted homicide against the prosecutor and two detectives who formed part of a team that entered a Mapuche community in 2008. One prisoner claims that the prosecutor tortured him to make him confess that he was the leader of the ambush where the two detectives were killed.

The Chilean government denies all allegations of wrongdoing. President Bachelet, who lived in exile during the military dictatorship said, “nothing, absolutely nothing justifies violence in the region of La Araucania.” The Mapuche has staged land seizures, burned vehicles, and agricultural machinery in protest of what they consider to be unauthorized land use. One government official pointed out that the violence has resulted in a significant decrease in foreign investment.

Since center-left government of Michelle Bachelet took office, thirty five percent of the disputed land has been returned to the Mapuche. However, many say that not enough progress has been made in the restoration of the ancestral land, which was taken in a government offensive that began in the late 19th century.

A 2007 international mission by the Observatory for Indigenous Peoples’ Rights found dozens of complaints of abuses, such as violent raids of Mapuche homes where police destroyed household goods and objects of cultural value, mistreated elderly people, women and children, and made racist epithets. This was allegedly done in search of activists wanted by the justice system. The Mapuche gave UNICEF the names of thirty-seven children they say were asphyxiated by tear gas.

There are nearly one million Mapuche living in Chile. Non-governmental organizations estimate that there are more than fifty Mapuche political prisoners in different prisons in Southern Chile. In September the Ethical Commission Against Torture put that number closer to 100.

The Mapuche resisted over 300 years of Spanish rule and then oppression by the Chilean state, until they were defeated militarily and cornered in the South. In the last few months, conflict has increased between the Mapuche communities and the state. This was primarily fueled by a new wave of land occupations, leading to confrontations with police.

For more information, please see:

Mapu Express-Hablan Presos Mapuche Desde la cárcel del Manzano, Concepción-19 November 2009

IPS-CHILE: Mapuche Voices from Prison-16 November 2009

Univision-Chile Utiliza Ley de la dictadura para juzgar a mapuches-16 November 2009

Supreme Court Declines to Hear “Redskins” Logo Case

18 November 2009

Supreme Court Declines to Hear “Redskins” Logo Case

By Brenda Lopez Romero
Impunity Watch Reporter, North America

WASHINGTON, D.C. – The United States Supreme Court declined without comment to hear the case Harjo v. Pro-Football, Inc, ending a two-decade long legal battle. Even if the advocates had won, the legal grounds were decided on a procedural issue and therefore the team would have only lost trademark protection, but would not have been forced to change its name. The team is firm in its stance that it will not and would not change the team name.

The Petitioners only asked the Supreme Court to review whether the claim could be barred by laches when a suit is brought too late, and not whether the nickname was offensive. They cited a written decision by Justice Alito that supported the view that offensive trademark claims could be brought at any time, from the U.S. Court of Appeals for the Third Circuit. The petitioners argued that the “Redskins” logo and mascot was not worthy of trademark protection, because it was very racially offensive and discriminatory. The Petitioners hoped to have a lower court’s procedural ruling that barred their suit based on time limitations.

Robert Raskopf, attorney for the Native American legal team, said “Obviously, we’re quite pleased; it’s been a long road. We’re not surprised the court didn’t see any issue worthy of review.” However, the advocates are disappointed. Speaking  about the new challengers of the same trademark issue but with slightly different circumstances, Raskopf said “I think we’re very confident with our likelihood of success.”

Redskins-logox(PHOTO: Courtesy of the Washington Post)

The respondent, the sports team, have defended the use of the logo, stating that Native Americans should feel honored and not disparaged. In its legal brief, the team wrote that the name was “in honor of the team’s head coach, William ‘Lone Star’ Dietz, who was a Native American.”

Nonetheless, in an amicus brief Native American associations wrote that the Redskins name is “patently offensive, disparaging, and demeaning and perpetrates a centuries-old stereotype.”

For more information, please see:

Associated Press – Court Won’t Hear Complaint About Redskins Name – 17 November 2009

Wall Street Journal – Get Rare Win Over Name in Court – 17 November 2009

Washington Post – Court Won’t Hear Redskins Case – 17 November 2009

Afghan Nationals Speak Against Poverty and Government Corruption

By Alok Bhatt
Impunity Watch Reporter, Asia

Kabul, AFGHANISTAN –  A recent report has released information culled from numerous surveys and comprehensive studies stating that the Afghan civilian population recognizes poverty and government corruption as the most significant causes of the perpetual conflict in the war-torn nation.  Considering the information in the report, by British charity group Oxfam, many Western governments have urged Afghanistan’s re-elected President Karzai utilize his second term mitigate and corruption within the government and develop measures to quell popular discontent.

Despite the influence and violence of insurgency organizations prevalent in Afghanistan, the Oxfam survey demonstrates that the civilian population considers their regime one of the lesser issues contributing to the overall despondency in the nation.  Among the 704 Afghan men and women who participated in the Oxfam study, approximately 19% blame the al-Qaeda terrorist network for the state of seemingly constant conflict in the nation.  This statistic, though perhaps shocking upon first glance, reinforces the popular belief among the Afghan population that corrupt officials in the government are responsible for their poor mode of living.  

Further exemplifying this notion is the result showing that only about 35% of the Afghan population believes that the Taliban regime is the most critical factor for war in Afghanistan.  Juxtaposed with the finding that about 70% of the 704 surveyed subjects believe the Afghan government is the cause of the crises in the nation, it seems clear where the discontent of the people lies.   

An even smaller percentage of the Afghan population believes that external and less powerful factors are the cause of turmoil in Afghanistan.  About 15% of the interviewed subjects believed crime organizations and warlords are Afghanistan’s largest problem.  The disproportionate amount of Afghan nationals believing that corruption in the government is the most detrimental factor to the nation’s chance for peace further suggests that the main aim of the re-elected president should be to investigate his own officials.  

The Oxfam study also highlights numerous human rights violations perpetrated against Afghan citizens.  Of the 704 survey subjects, 75% have been forced to vacate their homes at least once since 1979.  10% have been imprisoned at least once, and one in six are considering leaving the country due to the untrustworthy government and the inability to live peacefully in Afghanistan.

Outside of the Oxfam study, drug traffic has also been cited as a reason for the broken state of Afghanistan.  The prevalent drug-trade in Afghanistan creates a higher-crime environment in the nation, perpetuating the killings and government corruption already plaguing Afghan nationals.  

It remains to be seen what measures President Karzai, whose own brother was once implicated in drug-related investigations, will take to regain the trust of the Afghanistan government.   

 

For more information, please see:

Al-Jazeera – Poverty and graft ‘fuel Afghan war’ – 18 November 2009

BBC – Afghans Blame Poverty for War – 18 November 2009

Radio Netherlands Worldwide – Afghans say unemployment and poverty is fueling war -18 November 2009

Top Rwandan Rebels Arrested in Germany

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

BERLIN, Germany-Today, two leaders of a Rwandan Hutu rebel group, the Democratic Forces for the Liberation of Rwanda (FDLR), were arrested in Germany on suspicion of human rights violations in the Democratic Republic of Congo.  Ignace Murwanashyaka, the leader of FDLR, and Straton Musoni, his aide, were accused of war crimes and crimes against humanity for their involvement as leaders with the “terrorist” group.

The United Nations has been pressuring Germany for years to arrest Murwanashyaka and Musoni. Murwanashyaka has served as the leader of the FDLR since 2001 according to prosecutors.

The FDLR was founded in the Congolese town of Lumumbashi in 2000, and is a Hutu extremist group comprised of Hutu refugees from Rwanda who fled across the border in Congo after the 1994 genocide, where close to 800,00 ethnic Tutsis were killed in Rwanda.

“As part of this armed conflict, the FDLR militias are believed to have killed several hundred civilians, raped numerous women, plundered and burned countless villages, forcing villagers from their homes and recruiting numerous children as soldiers,” the statement said.  One veteran UN official, Gregory Alex, spoke on how the arrest is important because of Murwanashyaka’s importance to FDLR as the highest-ranking leader of the group.  Julien Paluku, the governor of North Kivu, a province in eastern Congo said, “I think the arrest of Murwanashyaka will have a psychological impact on the morale of FDLR’s militiamen who could be discouraged by this arrest.”

Murwanashyaka has lived in Germany since before the 1994 genocide in Rwanda. He has since maintained that his men, which are believed to include over 5,000 Hutu refugees, were involved in the genocide, and says they are currently fighting to bring democracy to Rwanda.

For more information please see:

AFP – Hutu Extremist Leaders Arrested In Germany – 17 November 2009

AP – Hutu Extremist Group Leaders Arrested In Germany – 17 November 2009

BBC – Germany Arrests Top Rwanda Rebels – 17 November 2009

Tamils Expected to Disembark Ending Three-Week Long Impasse

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Almost a month after first being taken in by an Australian navy boat, Indonesia has agreed to detain the seventy-eight Sri Lankan asylum seekers and hold them in an immigration facility in Tanjung Pinang, Riau.

The detention center in Riau will hold the asylum seekers for up to six months, with Australia covering the costs.  The deal provides that those found to be refugees will be guaranteed resettlement within four weeks.  Others will await processing to determine whether they are “genuine refugees”, and if found to be the case, they will be resettled within twelve weeks.

Asylum seekers, already housed in the facility, have been waiting for as long as seven months, and question the preferential treatment that the Rudd government is extending to these Tamils.

The border protection committee, which is chaired by Immigration Minister Chris Evans and includes staff members on Prime Minister Kevin Rudd’s administration, devised the deal.

Foreign Minister Stephen Smith claimed that this situation was “a special, almost unique, circumstance of a search and rescue in Indonesian waters”, while the Prime Minister maintains that they have not been treated any differently.

Parliament questioned Rudd yesterday over his role in the deal that prompted the asylum seekers to agree to leave the boat.

Rudd claimed that he knew negotiations were taking place but claims he had no prior knowledge of the arrangements.

The Riau immigration facility, which has a maximum capacity of 400 occupants, currently holds approximately seventy-seven asylum seekers, who traveled from Afghanistan, Iraq and Iran with hopes of entering Australia.

The asylum seekers have been on board an Australian patrol vessel, the Oceanic Viking, near the Riau Islands since October 26th, when navy boats found them in international waters within Indonesia’s search and rescue zone.

2009.11.17 Photo of Tamils Waiting Turn to Disembark Oceanic Viking
Photo: Asylum seekers wait to be removed to detention facility in Riau, Courtesy of Reuters.

Twenty-two Sri Lankans arrived at the detention center last Friday, November 13th and the remaining fifty-six are expected to arrive today.

Meanwhile, Indonesian President Susilo Bambang Yudhoyono trip to meet with the Prime Minister this week has delayed his trip.

The opposition to the current administration characterized Yudhoyono’s postponement as an “extraordinary slap in the face”, blaming the Prime Minister for tense relations between the two nations.

News that the Tamils had ended the standoff broke, just as the Australian navy intercepted two more boats, one containing forty-one asylum seekers, and brought them to the detention facility on Christmas Island.

For more information, please see:
The Australian – Boat saga test ties to Jakarta – 18 November 2009

New Zealand Herald – Rudd in doldrums as challenges mount – 18 November 2009

The Jakarta Post – RI agrees to detain 78 Sri Lankan asylum seekers – 17 November 2009

Sydney Morning Herald – Tamils set for mixed welcome to detention – 18 November 2009

Radio Australia News – Australian navy stops another boat carrying asylum seekers – 17 November 2009

WA Today – Asylum seeker stand-off ‘nearly over’ – 17 November 2009

Sydney Morning Herald – Our newest Australians leave the boat – 13 November 2009