Australia Plans to Deport Two Kenyan Women Facing Genital Mutilation in Kenya

By Cindy Trinh
Impunity Watch Reporter, Oceania

SYDNEY, Australia – Two Kenyan women in Australia are facing deportation after their asylum applications were rejected. The two women, Grace Gichuhi, and Teresia Ndikaru Muturi, face possible genital mutilation if they are deported back to Kenya. Many Australians have expressed outrage, and urge the Immigration Minister to intervene and allow the two Kenyans to stay in Australia.

A refugee’s fear of persecution must be based on “race, religion, nationality, membership of a particular social group, or political opinion.” Because fear of genital mutilation does not fit into one of these categories, the women could be sent home to Kenya.

In parts of Africa, female circumcision is still practiced, and is mainly done for cultural purposes as an initiation into womanhood. In some cases, older women perform the circumcision with a broken glass or a tin lid. In other cases, the female is held down by 10 men, and her clitoris is cut off with a knife.

Both women left Kenya because they feared for the safety of their lives. Grace Gichuhi’s mother was killed for refusing to be circumcised. Grace Gichuhi is 22 years old. Teresia Muturi, only 21 years old, fled from an arranged marriage with a 70-year-old man and angered her family when she refused to be circumcised.

The two women applied for refugee status, but were denied by the immigration department. A spokesman from the immigration department stated that “[u]nder the refugee convention, they weren’t found to engage with Australia’s international obligations.”
An appeal was filed to the Australian Immigration Minister, Chris Evans, but he rejected the appeal. A second appeal was filed, but nothing has yet been determined. Currently, the women have been told by the immigration department to prepare for deportation.

Senator Nick Xenophon urged Chris Evans to grant the women visas to stay in Australia. The Senator expressed opposition to the laws of Australia, stating that “[i]f the laws are changed, these women have a clear case for asylum,” and urged the minister “to exercise discretion to give these two women asylum.”

Senator Nick Xenophon is joined by many political adversaries, lawyers, and refugee groups who also want Chris Evans to intervene.

Senator Sarah Hanson-Young believes the women are “prime candidates” for proposing “complementary protection” laws targeted at expanding on existing refugee criteria.

Spokeswoman for Opposition, Sharman Stone, took a different perspective than Sarah Hanson-Young, stating that the existing intervention powers were sufficient to give the two Kenyan women asylum. Sharman Stone contends that the minister is not obligated to adhere strictly to any convention, and can exercise his “own sense of what is right and just and humane.”

Mary Crock, a professor of public law at the University of Sydney, opposed Sharman’s Stone’s view, stating that proposing new “complementary protection” laws that would more certainly give protection to women, such as Grace Gichuhi and Teresia Muturi, is the better choice.

News of the Kenyan women has also raised debate and controversy amongst citizens of the local community. After an article about the two women was published in The Age, an Australian newspaper, concerned readers contacted the newspaper to express their outrage at the situation.

In the online spectrum, Penny Eager, a blogger, wrote to Chris Evans expressing her belief that the “torturous practi[c]e of genital mutilation is abhorrent, and that to deny these women refugee visas is to take a weak stance on this issue.” She further urged Chris Evans to intervene, to not only help the women, but to also “send a clear message to Kenya that Australia does not condone these practi[c]es.”

A Facebook “Causes” page titled “Help save these Women from Genital Mutilation” was created to support the two Kenyans. The Facebook page was launched by Vanessa Muradian, a citizen of Swinburne, to show support for the women’s efforts to remain in Australia.

For more information, please see:

Facebook – Help save these Women from Genital Mutilation

The Age – Huge support for Kenyan fugitives – 23 September, 2009

Global Voices – Australia: Kenyan women refused refugee status – 23 September, 2009

Pocket Carnival – Grace Gichuhi and Teresia Ndikaru Muturi – 22 September, 2009

Embrace Australia – Refugee Girls Face Deportation and Mutilation – 21 September, 2009

Taiwanese Civil Servants Asked to Guard Human Rights

By Hyo-Jin Paik
Impunity Watch Reporter, Asia

TAIPEI, Taiwan – In efforts to push forward “a second round of democratic reforms” and further strengthen the country’s democracy, Taiwan’s President Ma Ying-jeou urged civil servants to be mindful of protecting human rights in the course of their duties.

Speaking at a Ministry of Justice’s training program implementing the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, conventions both of which were ratified by the legislature back in March, President Ma asked the government employees how they would feel if their rights were violated. 

President ma

President Ma Ying-jeou.  Courtesy of AP. 

He said, “When your rights are being protected, you may not notice it, but if your rights are being infringed upon, you would definitely feel it.” 

President Ma also added, “Not only should civil servants familiarize themselves with the two conventions, they should always keep in mind that current rules and orders do not violate the two conventions.  To put it bluntly, most civil servants have no idea about what human rights are.”

At this workshop, President Ma told the civil servants that he has high expectations that public servants “contribute to enhancing the quality of Taiwan’s democracy.”

Since taking office in May 2008, President Ma has forbidden illegal wiretapping and government interference with media coverage, but he said these measures are not enough to safeguard people’s rights and reduce human rights violations.

Former U.S. President George W. Bush once praised Taiwan as a “beacon of democracy” in Asia, but President Ma remarked that while Taiwan has made progress, sufficiency of Taiwan’s democratization is questionable.

He asked, “[D]o we have a good enough understanding of democracy?  Is our judicial system independent enough?  Do we offer complete human rights protection?  Is our system of law enforcement mature enough?  There is room for improvement…to enrich our knowledge of democracy.”

The Ministry of Justice is planning to review the current laws of Taiwan ahead of World Human Rights Day in December.

For more information, please see:

China Post – President calls civil servants’ attention to human rights protection – 17 September 2009

Radio Taiwan International – Ma to push for “second round of democratic reforms” – 17 September 2009

Taipei Times – Ma calls on civil servants to be mindful of human rights – 18 September 2009

Doubts Abound After Mideast Summit at U.N.

By Meredith Lee-Clark

Impunity Water Reporter, Middle East

 

NEW YORK, United States – A day after the leaders of the United States, Israel, and the Palestinian Territories, many on all sides have expressed doubts that the meeting will result in productive peace negotiations.

 

On September 23, U.S. President Barack Obama met with Israeli Prime Minister Benjamin Netanyahu and Palestinian President Mahmoud Abbas on the sidelines of the United Nations General Assembly. Despite efforts by U.S. Mideast Envoy George Mitchell, the Obama Administration was unable to secure an agreement by Prime Minister Netanyahu to freeze all settlement construction in the West Bank and East Jerusalem. Palestinian negotiators have demanded a settlement freeze as a pre-condition to any peace talks.

 

President Obama has begun to change tack in his efforts to restart peace negotiations, now focusing on the status of Jerusalem, the so-called “right of return” for Palestinian refugees, and the borders of a future Palestinian state. One international observer characterized President Obama’s efforts at the U.N. as completely unproductive.

 

“We’re in a corner,” said Zakaria al Qak, the foreign affairs director at Al-Quds University. “Obama is running out of steam. He was expected to set the direction in the first six months. But now it’s the politics of no choice, of deadlock.”

 

The Israeli Prime Minister appeared to be more optimistic about the possibility of progress.

 

“The president said let’s come and resume the peace process without preconditions. As you know I have been saying that for nearly six months,” said Prime Minister Netanyahu to Israeli television.

 

Other Israelis seemed more downbeat.

 

“This is a mood of resignation, of quiet despair that there is really [no] way out of the conflict,” said Jeremy Ben-Ami, executive director of Israeli pro-peace group J Street.

 

Many Palestinians have considered President Obama’s insistence on moving forward with peace talks as backing off from the President’s call for a settlement freeze. Hamas, the ruling Palestinian party in the Gaza Strip, condemned President Obama’s call to resume the peace talks without an agreement on a settlement freeze.

 

One Palestinian put a positive gloss on the situation:

 

“It is clear that Obama will not accept failure of his political investment in dealing with the Arab-Israeli conflict,” wrote columnist Talal Okal in the newspaper al-Ayyam.

 

For more information, please see:

 

Ha’aretz – Netanyahu: No Peace Until Palestinians Accept Israel as Jewish State – 24 September 2009

 

Jerusalem Post – Hamas Slams Obama for Backing Down on Demand for Settlement Freeze – 24 September 2009

 

Reuters – All-round Pessimism After Dud Middle East “Summit” – 24 September 2009

 

Ha’aretz – Obama Tells UN: We Do Not Accept Israeli Settlements – 23 September 2009

 

New York Times – White House Pivots on Mideast Peace Bid – 23 September 2009

 

 

Restoring an Image

By Jonathan Ambaye
Impunity Watch Reporter, Africa

Addis Ababa, Ethiopia– Ethiopian Prime Minister Meles Zenawi finds himself in an unfamiliar and unwanted position. At a time where the African continent is becoming more and more synonymous with political corruption and human rights violations, Zenawi is slowly becoming one of the faces of this image. During President Obama’s speech in Ghana, he expresses his intolerance for African rulers who try and manipulate the political process. President Obama has made it clear that he will not support governments who perpetuate “strongmanship”.

Zenawi, once lauded by the Western World as a progressive and democratic African leader is now amongst the many African rulers President Obama was speaking of in his speech regarding political corruption. In 1991 Zenawi took reigns of the Ethiopian government after 17 years of a military dictatorship. Over the years he has relied on his reputation to sustain the support of the American government. However the worlds regard for him began to decline in 2005, during Ethiopia’s government elections.

In 2005 after allegedly “fixing” the election results for his bid to remain Prime Minister wide rage and protest by Ethiopians erupted. During these protests Ethiopian law enforcement, in an attempt to break up the protests, fired gun shots into the crowd killing 40 protesters. Subsequent protests occurred with similar responses by law enforcement. This incident marked the beginning of the altered view many countries such as Great Britain and the United states had of Zenawi role as a “Democratic” ruler.

In what some call an insincere attempt to restore his image as a progressive African ruler Zenawi will be heading an African Climate change summit. More importantly his image will rest on how he facilitates the government elections in 2010. Many are concerned that Zenawis political party, Ethiopian People’s Revolutionary Democratic Front (“EPRDF) will again try and intimidate other parties participating in the election, which will only do more damage to his image.

For more information please see:

All Africa – Ethiopia: 2010 Election and Zenawis New Game – 24 September 2009

NY Times – Mr. Good Governance Goes Bad – 27 November 2005

UNASUR Fails to Reach Consensus on Arms Deals

By Ryan C. Kossler
Impunity Watch Reporter, South America

Quito, Ecuador – South American defense officials were unable to come to an agreement on Tuesday, September 15 when they convened to attempt to defuse regional tension caused by many of the South American countries recent arms deals.  The UNASUR group of nations is seeking transparency in the region’s recent defense deals due to the exacerbation of mistrust amongst the nations.

Colombia’s recent military pact with the United States has caused extreme tension in the region, and was one of the main topics discussed during the UNASUR gathering.  After the meeting, Bolivian Foreign Minister David Choquehuanca said “we regret the attitude of Colombia, the intransigence of Colombia, which does not want to make transparent its pact concerning military bases.

Colombian officials say that the military pact with the United States is aimed at combating drug trafficking and that it sought the assistance of the United States because its neighbors are not doing their part to help the country combat the insurgency.  Under the military pact, U.S. forces will have access to up to seven Colombian military bases.

Venezuela’s recent arms deal with Russia was also on the table, however, Venezuela said that it would share information about its weapons deal. Venezuela said that its recent weapons purchases are for defense purposes only, however, have not provided any more information.  Venezuela accused Colombia of shrouding its military pact with the United States in secrecy. Venezuelan Vice President Ramon Carrizalez said “we have seen neither the bold nor the fine print of the accord and of course this generates worries.”

The secrecy is a cause for worry among other countries in the region as well.  Ecuadorian officials have stated that any cross boarder military attacks on insurgents by Colombia will be met with equal military force.

Along with Colombia’s military pact with the United States, and Venezuela’s weapons deal with Russia, many other countries in the region are increasing their weapons defenses.  Ecuador and Chile recently purchased new equipment in order to strengthen each of their air forces respectively, Chile is planning a weapons deal with Russia, similar to the one that Venezuela recently entered, and Bolivia is planning on purchasing new fighter planes and helicopters from France and Russia.  It appears that if tensions remain unchecked, an arms race may be inevitable, if it has not already begun, and the already troubled region may become even more troubled.

For more information, please see:

The Spectator – South American Spat – 24 September 2009

AP – Brazil’s Lula defends South America arms buildup – 18 September 2009

Reuters – South American Officials Fail to Reach Arms Deal – 15 September 2009