Tongan Government Votes Down International Discrimination Law Leaving Women Concerned

By Eileen Gould
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Last week, the Tongan government rejected the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).  In a vote of 18 to 1, with four abstentions, the Legislative Assembly refused to ratify the convention because it goes against Tongan culture.

The government claims there is no need to change the position of Tongan women in society because under the current way of life, they are “respected and cherished”.  Ratifying the convention would disturb Tongan traditions by paving the way for the legalization of abortion, the promotion of same-sex marriages, and the granting of land ownership rights to women.

Last week, the Prime Minister’s Office issued a statement which said that “the Tongan way of life is not solely based on the rights and responsibilities, freedom and obligations of the individual, but also emphasize its rights to the extended family and the whole community.”

Instead, the parliament’s actions will preserve the Tongan way of life by addressing women’s issues on its own.

Women activists were less than thrilled with the government’s explanation and refusal to adopt CEDAW.  A representative from the Tonga National Centre for Women and Children (TNCWC), an NGO that advocates on behalf of victims of abuse, expressed concern over the government’s lack of recognition of domestic violence.  In a country where women are held in high regard, the Tongan government has refused to pass an act aimed at preserving women’s rights.

The Ministry of Police reported the murders of four women in domestic disputes in 2009, as well as three rapes in August alone.  Further, TNCWC claims that over 200 women subjected to such violence seek help each year.

Contrary to the government’s suggestion that CEDAW’s provisions necessitate a complete revamping of Tongan law, the 132 year old constitution upholds basic human rights and freedoms.  However, it continues to discriminate against women and fails to afford them protection. Tonga has signed the UN Convention on the Rights of the Child (CRC), as well as, the Pacific Island Forum’s Pacific Plan, and remains heavily involved in the promotion of human rights in the region.

Yesterday, an UN health advisor and a spokesperson for the New Zealand Labour Party criticized Tonga during a parliamentary hearing on Pacific maternal health in Wellington, New Zealand.

For more information, please see:

Radio New Zealand International – NZ Pacific MP critical of Tonga’s move not to ratify UN Convention – 22 September 2009

Matangi Tonga – Tongan parliament blatantly ignores women’s rights – 19 September 2009

ABC Radio Australia – Tonga rejects convention on discrimination against women – 18 September 2009

Matangi Tonga – Tongan parliament decides not to ratify CEDAW – 18 September 2009

Radio New Zealand International – Tongan women disgusted with government for snubbing CEDAW – 18 September 2009

Radio New Zealand International – Tonga not to ratify CEDAW – 17 September 2009

Iranian Rally Leads to Violence

By Bobby Rajabi
Impunity Watch Reporter, Middle East

TEHRAN, Iran – On September 18, thousands of opposition supporters came to blows with Iranian security forces at a mass rally sponsored by the Mahmoud Ahmedinejad-led government. The supporters of the opposition held up signs in favor of the former Prime Minister Mir-Hossein Moussavi, who lost the controversy-filled June presidential election to Ahmedinejad.

Ahmedinejad and Supreme Leader Ayatollah Ali Khamenei had both warned supporters of the opposition that any demonstrations would not be tolerated. The Islamic Republic threatened that there would be a crackdown on any opposition at the annual rally. The clash between the two sides is viewed a clear defiance against the orders of the sitting President and the Islamic Republic, whose authority has come into question since the disputed June election.

Tens of thousands of Iranians took to the streets on the Islamic Republic’s annual al-Quds day rally. The yearly assembly is held on the final Friday of Muslim fasting month of Ramadan. Leader of the 1979 Iranian Revolution, Ayatollah Ruhollah Khomeini established the day as an annual international day of support for all Muslims to support Palestinians against the state of Israel.

The rally began peacefully, but tensions escalated as the march continued. Over one hundred thousand Iranians took the streets in Tehran for the yearly rally. Opposition supporters used the day to stage their first government protest in two months. The clash between the two sides led to multiple arrests and the use of violence by both sides. Opposition supporters threw stones and Iranian police used tear gas.

Reports have come through saying that Moussavi and former President Mohammad Khatami, another opposition leader, were attacked when the clash when opposition protesters clashed with government forces. It is alleged that attempts to beat former President Khatami after his turban was knocked off were stopped by opposition supporters. According to reports, the former President was not hurt during the day of clashes. Witnesses have come forward to say that opposition supporters held hardliners back from Moussavi as he attempted to get away in a car.

Ahmedinejad also used Friday’s rally in order to repeat his famous claims that the Holocaust was a myth. The Iranian President alleged that it was used as a “false pretext” to create the state of Israel and claimed that it was both a national and religious duty for Iranians to confront the “Zionist regime.” Despite his strong comments about Israel, Ahmednejad’s problems in his own country remain as chants of “resign” could be heard from the crowd.

For more information, please see:

AFP – Iran Opposition Chiefs Attacked as Mass Protests Hit Regime – 18 September 2009

Al Jazeera – Iranians Rally on ‘al-Quds Day’ – 18 September 2009

BBC – Clashes Erupt at Iran Mass Rally – 18 September 2009

New York Times – Despite Warning, Thousands Rally in Iran – 18 September 2009

Opposition Protesters Clash In Belarus Clash With Police

By David Sophrin
Impunity Watch Reporter, Europe

MINSK, Belarus – On Wednesday police arrested 30 activists who were involved in a peaceful opposition rally in central square of Belarus’s capital city, Minsk.  Approximately 50 people had gathered to mark the 10th anniversary of the disappearance of Viktor Gonchar and Anatoly Krasovsky, political opposition leaders.

After surrounding the group of protesters, who were made up primarily of students, riot police pushed those who had gathered out of the square.  During the incident a number of protesters were hit by the police, who used clubs to arrest those that did not leave the square.  The police also attempted to prevent the journalists at the scene from taking pictures.  Some photographers, who were recording the incident, were beaten by the police.  They were threatened by police if they did not delete what they had recorded.  Among those arrested was Mikalai Statkevich, a leader of the opposition Social Democratic Party.

In recent months the European Union has called upon Belarus to improve its protection of basic democratic freedom.  The president of the EU issued a statement on Thursday, urging Belarusian President Alexander Lukashenko to “refrain from the use of force in dealing with peaceful demonstrations and to ensure that representatives of independent media are able to perform their tasks without interference.”  Lukashenko, who has held the office since 1994, has been accused of ruling Belarus in an authoritarian manner.  In recent years Lukashenko has been labeled by the United States as “Europe’s last dictator.”

Wednesday’s incident involving protesters and state police comes on the heels of other recent protests in the capital city.  On September 9, 20 people were detained by police while protesting the close military relationship that Belarus has developed with Russia.

The whereabouts of Gonchar and Krasovksy are still unknown.  The state investigation into their disappearance was closed in 2003.

For more information, please see:

BELARUS NEWS – EU expresses concern over police crackdown on demonstration in Minsk – 18 Septemeber 2009

DEMOCRATIC BELARUS – Belarus Police Beat, Detain 36 Opposition Protestors – 17 September 2009

EARTHTIMES – Belarus cops smash ‘disappeared’ person memorial march – 17 September 2009

RADIO FREE EUROPE – Belarus: Police break up protest, make arrests – 17 September 2009

AFP – Belarus police beat, detain 30 opposition – 16 September 2009

REUTERS – Belarus police break up anti-Russia protest – 9 September 2009

Italy Sends Migrants Back to Abusive Conditions

By Jonathan Ambaye
Impunity Watch Reporter, Africa

Rome, Italy – Italy and Libya are two countries facing scrutiny by human rights activist world wide, specifically Human Rights Watch (HRW).  In May of 2009 the two countries came to an agreement that they would work together in reducing the amount of migrant workers who flee Libya to seek asylum in Italy, via sailing through the Mediterranean Sea.  The agreement included instituting a practice of towing boats found in international waters back to Libya without evaluating the conditions and circumstances of those on the boats.  What has resulted in response to the “interdiction program” is thousands of individuals have been sent back to unfavorable living conditions in Libya.  According to one migrant worker who was able to find refuge in Italy, the migrant workers are treated horrendously.  Many are beaten, forced to live in unsanitary quarters, while women are sexually assaulted by law enforcement.  Many of these workers come from different parts of the Central East Region of Africa including Sudan, Ethiopia, Somalia, and Eritrea.

According to a 92 page report by HRW the details of the experiences of migrant workers in Libya are revealed.  The agreement between Libya and Italy stems from a treaty signed by the two countries in August of 2008. This treaty is known as, “the Treaty of Friendship, Partnership, and Cooperation between the Italian Republic and Great Socialist People’s Libyan Arab Jamahiria” or simply, “the Friendship Pact.”  The Friendship Pact called for intensifying cooperation in fighting terrorism, organized crime, drug trafficking and illegal immigration.  The transfer of boats holding migrant workers to Libya by the Italians are one of the acts that fall under the goals of the Friendship Pact.

The issue however is that Italy is violating the international legal principle of non-refoulement, when it interdicts boats and sends them back to Libya without any evaluation of the circumstances regarding those on the boats.  Refoulement is the forced return of people to places where their lives and freedom could be threatened or subject to torture and degrading treatment.  Here many are sent back to Libya only to return to inhumane conditions.  HRW is urging the government of Italy to stop “summarily returning” boats containing migrants to Libya.  The HRW is also encouraging the European Union, who is currently working on an agreement with Libya, to include an end to the inhumane treatment of migrants in Libya.

For more information please see:

All Africa – Libya: Migrants Returned to Face Abuse – 21 September 2009

HRW – Migrants Describe Forced Returns, Abuse – 21 September 2009

IPS – Migrants Returned to Face Abuse – 21 September 2009

UN Report Finds War Crimes in Gaza Conflict

21 September 2009

UN Report Finds War Crimes in Gaza Conflict

By Mario A. Flores
Special Features Editor, Impunity Watch Journal

New York, United States – Justice Richard Goldstone, Head of the United Nations Fact-Finding Mission on the Gaza Conflict, concluded Tuesday that both sides in the Israeli-Palestinian conflict in Gaza committed war crimes and possible crimes against humanity, raising the prospect that officials may seek persecution in the International Criminal Court.

From December 27, 2008 to January 18, 2009, the Israeli army launched a major ground offensive in the Gaza Strip, called Operation Cast Lead in response to Hamas rocket attacks on the Israeli town of Sderot. Goldstone’s report found that Israel’s use of disproportionate force in Gaza resulted in the death of about 1,400 Palestinians, of which 926 were civilians including 313 children and 116 women. On the Israeli side, 13 people were killed, including 3 civilians.

The report also described the firing of rockets by Hamas at Israeli towns and villages as a war crime.

The Golstone Report proposed a series of non-binding recommendations to Israel and the Palestinians, such as:

1. Recommendations to Israel:

a. Israel should immediately cease the border closures and restrictions of passage through border crossings and allow passage of goods into Gaza.

b. Israel should cease restrictions on sea access for Palestinian fishermen and allow fishing activities within 20 nautical miles of shore.

c. Israel should review the rules of engagement, standard operating procedures and open fire regulations. It should avail itself of international and local experts, including the International Committee of the Red Cross, to ensure compliance with international law.

d. Israel should allow freedom of movement for Palestinians within the territories and between Gaza and the West Bank.

e. Israel should release prisoners detained in connection with the occupation.

f. Israel should stop interfering with national political processes in the territories.

g. Israel should cease actions inside Israel aimed at limiting criticism by the public concerning Israeli policy and military operations in Gaza.

h. The government should refrain from acts of reprisal against Israelis and Palestinians who testified before the committee.

i. Israel should reiterate its commitment not to harm UN premises and personnel.

2. Recommendations to Palestinian armed groups:

a. Palestinian armed groups should respect international law.

b. The groups holding Gilad Schalit should release him or at least recognize his status as a POW.

3. To responsible Palestinian Authorities (PA):

a. The PA should instruct security forces under its command to abide by human rights norms and investigate all allegations of serious human rights violations.

b. The PA and Gaza authorities should immediately release all political detainees.

c. The PA and Gaza authorities should continue to enable free and independent operation of NGOs.

For additional information, please see:

The New York Times – U.N. Study Is Called Unfair to Israel – 18 September 2009

The Examiner – War crimes: Goldstone led UN commission critical of Israel – 20 September 2009

ABC News – Both sides culpable in Gaza War: UN report – 16 September 2009