Indonesia Passes a New Bylaw that Endorses Stoning and Caning as Punishment for Adultery and Homosexuality

By Cindy Trinh
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia – Last week, Indonesia endorsed a new bylaw which authorizes stoning and caning as punishment for adultery and homosexuality, as well as, several other acts mentioned in the Islamic Criminal Code.

The bylaw, which is being described as “cruel” and “harsh,” is under heavy criticism. The Indonesian central government has even admitted that the law poses a violation to the country’s constitution.

The Islamic Criminal Code forbids a number of acts, including alcohol consumption, gambling, adultery between unmarried and married couples, and homosexuality. The bylaw was passed September 15th in Indonesia’s devoutly Muslim Aceh province, by the Aceh Provincial House of Representatives. The law, which further extends the Sharia code already in force, was passed by the regional parliament in aims to discipline behavior that is considered morally unacceptable.

The law specifically authorizes punishment for adultery and homosexuality. Under the new law, those who are unmarried and commit adultery will be punished with 100 cane lashes, and those who are married and commit adultery will be stoned to death. Those who perform homosexual or lesbian acts will be punished with 100 cane lashes and a fine of 1,000 grams of gold or imprisonment of up to 100 months. Also, those who commit rape or consume alcohol will be punished with up to 200 cane lashes performed in public.

Amnesty International has demanded that the Indonesian government repeal the bylaw.

Sam Zarifi, from Amnesty International, said, “[s]toning to death is particularly cruel and constitutes torture, which is absolutely forbidden under all circumstances in international law.”

The Indonesian central government has also admitted that the law poses a violation to the country’s constitution.

It is well known that Aceh has endorsed strict punishment in the past. However, legalizing the stoning to death of married persons who commit adultery has posed more serious matters of international human rights, and Amnesty International contends that the bylaw has gone beyond the threshold of acceptability.

Amnesty International urged Aceh’s legislature to repeal the law, to conform with international human rights law and standards, and also to conform with the provisions of the Indonesian Constitution. However, Bustanul Arifin, secretary of Aceh parliament’s special committee for drafting the law, defended the endorsement of the law, stating that “it is time now for people to understand the real meaning of Sharia.”

For more information, please see:
Foreign Policy – Indonesia’s harsh new laws – 18 September 2009

Amnesty International – Indonesia Must Repeal “Cruel” New Stoning and Caning Law – 17 September 2009

Telegraph News – MPs pass law to stone to death adulterers in Indonesian province – 15 September 2009

Tension Mounts in India-China Relations Over the Arrival of the Dalai Lama

By Megan E. Dodge
Impunity Watch Reporter, Asia

ARUNACHAL PRADESH, India – What was previously an area of tension has become an even more hotly contested subject as protesters, civilians, and diplomats alike assert claims over Arunachal Pradesh. Most recently, the Dalai Lama’s trip to Arunachal Pradesh, scheduled for mid-November, has sparked major controversy after China opposed the visit.

In the past few weeks as the date of the Dalai Lama’s trip nears, Delhi newspapers and television have been filled with stories about the People’s Liberation Army crossing the Himalayas to inscribe Chinese characters onto rocks, helicopter raids to drop food on hapless farmers, and exchange fire with Indian soldiers. Unfriendly relations between China and Indian began in June over the territory. On one side China asserts ownership over Arunachal Pradesh, while on the other side India claims the region as its own. The reaction was ignited by India’s announcement that it would be sending 60,000 troops to bolster tens of thousands of soldiers in Arunachal Pradesh.

In India, the Kashmir state government, apparently, said its territory was being taken “inch by inch” through such military incursions. The mountainous state of Arunachal Pradesh shares a 1,030-kilometer undivided border with China. Foreign ministries in both countries, however, seem to be playing down the reports, though there are still concerns that if the situation is left unchecked, things could spiral out of control.

Chinese troops overran Indian positions in the Himalayas in 1962 before retreating. Since then, both sides have tried to engage in discussions to resolve the territorial problem. After more than a dozen rounds of such talks, virtually no progress has been made as China continues to claim India’s Arunachal Pradesh, and also occupy a portion of territory in Kashmir which India regards as its own.

Despite the tension, excitement among the people persists as the date of the Dalai Lama’s visit to the mountainous state approaches. Reacting to China’s objection, India’s Foreign Minister S. M. Krishna said Wednesday: “Arunachal Pradesh is a part of India, and the Dalai Lama is free to go anywhere in India.”

China is concerned that a visit to Arunachal Pradesh could now draw further attention to China’s treatment of Tibetan activists and the Dalai Lama’s calls for cultural and religious freedoms and autonomy. Bhaskar Roy, a New Delhi-based China expert said, “[T]he timing of his trip is significant. It comes while the debate over his visit to Taiwan is still hot.”

For more information, please see:

Washington Post –China opposes Dalai Lama trip to disputed India state – September 11, 2009

Yahoo! News – After Taiwan, Dalai Lama to visit Arunachal Pradesh – September 11, 2009

 The Guardian – Himalayan conflict centres on Tibet – September 17, 2009

MSNBC World News – Buddhist monks pray for safe Dalai Lama visit – September 17, 2009

Israeli, Palestinian, U.S. Leaders to Meet at U.N.

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

NEW YORK, United States – Leaders from Israel, the Palestinian Territories, and the United States will meet on September 22 on the sidelines of the General Assemble at the United Nations in New York, though none of the parties holds high expectations for the meeting.

 

The planned meeting is the culmination of intense efforts over the past several months by U.S. Middle East envoy George Mitchell and the Obama Administration to create an atmosphere conducive to restarting peace talks between the Israelis and Palestinians.

 

White House Press Secretary Robert Gibbs said on September 21 that the Obama Administration did not hold any “high expectations” of any major breakthroughs in the peace process, but that U.S. President Barack Obama hoped that the meeting would “continue to build on progress,” moving closer to actual negotiations.

 

Political realities in Israel and the Palestinian Territories, however, may push any negotiations far into the foreseeable future. Saeb Erekat, the chief Palestinian negotiator, has said that as long as Israel is unwilling to talk about a freeze on Jewish settlements in the West Bank and the issue of a right to return for Palestinian refugees, the Palestinians will not come to the table.

 

Israeli Prime Minister Benjamin Netanyahu acknowledged his refusal to freeze settlements, but says that decisions on borders and settlements cannot be made until talks begin. Prime Minister Netanyahu’s governing coalition is right-wing and adamantly pro-settlement.

 

Another complicating factor in the peace process is the continuing animosity between the two Palestinian ruling parties—Fatah, which governs the West Bank and is the party of Palestinian president Mahmoud Abbas, and Hamas, which governs the Gaza Strip. Hamas Prime Minister Ismail Haniyeh stated that Hamas will reject any agreement that comes out of the meeting in New York. Haniyeh’s statement is indicative of the deep political divide in the Palestinian Territories; in an August public opinion poll by Khalil Shikaki, only 12% of Palestinians said they expected a reconciliation between the governments in the West Bank and Gaza Strip in the near future.

 

Despite widespread pessimism regarding any progress in the U.S. meeting, representatives from the three other so-called Quartet of Middle East peace negotiators – Russia, the European Union, and the United Nations – all still plan to hold meetings with the Israelis and Palestinians during the General Assembly.

 

For more information, please see:

 

Ma’an News Agency – White House Seeks to Lower Expectations Ahead of Abbas-Netanyahu Meet – 21 September 2009

 

Voice of America – US, Israeli, Palestinian Leaders to Meet in New York – 21 September 2009

 

Christian Science Monitor – Can Hamas Spoil Obama’s Three-Way Mideast Summit? – 20 September 2009

 

New York Times – Obama to Meet With Mideast Leaders – 20 September 2009

 

Al Jazeera – US Fails to Make Peace Breakthrough – 19 September 2009

 

Rwandan Genocide Suspect Deported by the DR Congo

By Jonathan Ambaye
Impunity Watch Reporter, Africa

Kivumo, Rwanda – Gregoire Ndahiman, accused of being responsible for the killings of over 2,000 ethnic Tutsis, has been sent from the Democratic Republic of Congo to a United Nations-backed tribunal.  Ndahiman, the former Mayor of the small Rwandan town of Kivuma has been detained in the DR of Congo since being arrested in August during an attempt to capture Rwandan rebels in North Kivu, located in the eastern part of the DR Congo.

In April of 1994 attacks began to take place against Tutsis who resided in the Kivuma communes along with those in other parts of Rwanda. Ndahiman is alleged to have been responsible for the specific attacks that took place against the Tutsis in Kivuma. It is reported that Ndahiman participated in several meetings with local church and government officials regarding the genocide that would eventually take place.  It is alleged that at these meetings the order was given to have all of the Tutsi citizens from the Kivuma commune brought to a church in the Nyange parish.  While held in the church reports indicate Ndahiman ordered that the church be destroyed, killing all of the Tutsis who were held in it.

Ndahiman will be tried in Arusha, Tanzania at the International Criminal Tribunal for Rwanda. The court has indicted him for genocide, or complicity in genocide, conspiracy to commit genocide, and crimes against humanity.  Many see Ndahiman’s transfer to Tanzania as an encouraging sign of improved relations between the DR Congo and Rwanda.

Relationships have been strained since the Rwandan Genocide, after many of the Hutu Rebels responsible for the deaths of thousands of Tutsis fled to the DR Congo, sparking years of unrest between both countries. Rwandan leadership believed that the DR Congo was not being cooperative in Rwanda’s attempts to bring the Hutu’s responsible for the genocide to justice. However after years of tension between the two countries, earlier this year they began working together to neutralize rebel groups in both countries.  Many are hopeful that Ndahiman’s transfer will begin a trend towards a better working relationship between the two countries.

For more information, please see:

BBC – DR Congo Deports Genocide Suspect – 20 September 2009

VOA – DRC Forces Capture Major Rwandan Genocide Suspect – 13 August 2009

TRIAL – Gregoire Ndahimana – 12 August 2009

Recent Attack on Sudan Villagers Kills Dozens

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

JUBA, Sudan – On Sunday, tribesman attacked a south Sudan village, overwhelming the soldiers who were guarding the settlement and killing roughly 72 people.


A group of fighters from the Lou Nuer ethnic group attacked Duk Padiet village, which is inhabited by the Dinka Hol Tribe.  Kuol Diem Kuol, a southern army spokesman, said this was not a raid for cattle and resources, this was a militia attack against security forces.

“They overran our company plus the youth of the village,” he said.

Kuol believes that those who raided his village are the same group of Lou Nuer fighters who attacked the Jonglei village of Wernyol last month killing 40 and wounding 64.

This year alone, more than 1,200 people have been killed in the numerous ethnic clashes that have taken place in the oil-producing region.  Many of the victims have been women and children.  Linked to long-running feuds over cattle rustling, and fueled by a ready supply of guns the conflicts continue to take the lives of many innocent people.

Politicians in Southern Sudan have accused northern Sudan rival tribes of raiding their country side with the intention of spreading instability just before the national elections.  Regardless of any northern interference, southern Sudan is made up of a patchwork of rival ethnic groups who have been fighting over grazing land, cattle, and other resources for some time.

The national election is due next year and southern Sudanese will be voting in a referendum to decide whether to secede from the north in 2011.

For more information, please see:

AFP – Scores killed in South Sudan Clashes: Official – 21 September 2009

BBC – Dozens Die in South Sudan Attack – 21 September 2009

Press TV – Dozens Dead in Separate Sudan Clashes – 21 September 2009

Reuters – Armed Tribesmen Attack South Sudan Villagers, Soldiers – 20 September 2009