State of Emergency Regulations Will Continue in Tonga

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – The Tonga Government says state of emergency regulations will be in place until people in the capital city center feel safe again.

Nearly three years ago, the pro-democracy movement in Tonga turned violent, causing the death of eight and destroying Tonga’s capital city, Nuku’alofa. The riots erupted after the Legislative Assembly of Tonga adjourned for the year without employing promised reforms.

Following the violence in 2006, the government issued a 30 day state of emergency, and has since renewed those regulations on a monthly basis.

The state of emergency regulations were expanded in September, giving Tongan police the power to stop individuals, search them without a warrant, and even enter into and seize evidence from any vehicle, ship, or aircraft.

Citizens complain that the regulations are too restrictive, while the Government contends they are necessary to ensuring security.

While Police Minister, Siaosi Aho, recognizes that the regulations have tainted the people’s image of the police and government, he also says there is no foreseeable end to the “special laws.”

“And this is one of the things that has convinced me that I should continue [with the emergency regulations] is the fact that the people had completely lost faith and trust in the police. We are running a programme now, strategically, to bring back this trust,” Aho said.

For more information, please see:
Radio New Zealand International – Emergency powers in Tonga’s capital won’t go until people assure Government they feel safe – 25 February 2009

ABC Radio New Zealand – Tonga reimposes emergency regulations – 10 September 2008

AFP News Service – Tonga extends area under emergency powers – 10 September 2008

Freed Detainee Tells About Torture by U.S.

By Gabrielle Meury
Impunity Watch Reporter, North America
LONDON, U.K.- Binyam Mohamed, a former British resident, arrived in London on Monday after his release from Guantanamo Bay. Mohamed is the first Guantanamo detainee to be released during the Obama administration. Mohamed is a native of Ethiopia who immigrated to Britain in 1994, was arrested in Pakistan in April 2002 and turned over to U.S. authorities a few months later. American officials accused him of traveling to Afghanistan to fight with the Taliban, which he has repeatedly denied. He was initially charged with plotting to detonate a radioactive “dirty bomb” in the United States and later with conspiring with members of al-Qaeda to murder and commit terrorism. All of the charges were eventually dropped.  The British Prime Minister Gordon Brown has been petitioning the U.S. government for Mohamed’s return since August 2007.
Mohamed stated, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways — all orchestrated by the United States government.” Mohamed also stated that U.S. officials flew him to Morocco and that he was tortured there for 18 months. He said he was beaten and had his penis cut with a razor. He said he was then transferred to a CIA-run site in Afghanistan and was beaten there regularly before being moved to Guantanamo in September 2004.
U.S. officials have never acknowledged taking Mohamed to Morocco; Moroccan officials deny having held him. U.S. officials have also repeatedly denied torturing terrorism suspects.
Also in contention is the Pentagon’s recent review of conditions at Guantanamo. The Pentagon found that “all detainees are well protected from violence.” Adm. Patrick M. Walsh, the vice chief of naval operations, led a 13-day investigation at the military prison, interviewing staff and detainees and conducting announced and unannounced inspections round the clock. Human rights and civil liberties groups challenged Walsh’s findings. They have said that solitary confinement has led to the deterioration of the physical and psychological health of detainees, some of whom are force-fed because they are on hunger strikes.
A spokesman for the International Committee of the Red Cross, the only organization with unfettered access to the prisoners, said the group supports the recommendations for increased socialization for all detainees but disagreed with Walsh’s conclusion that force-feeding is in compliance with the Geneva Conventions.
For more information, please see:
Washington Post- Freed detainee in U.K. tells of abuse by U.S.- 24 February 2009
Associated Press- Former Guatanamo detainee enjoying freedom in UK- 24 February 2009
BBC News-  Release Binyam torture data– 24 February 2009

U.S. Court of Appeals Grants Fiji Family Political Asylum

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SAN FRANCISCO, United States – A U.S. federal appeals court has ruled that a California man and his family who fled Fiji in 1998 in response to racially motivated beatings and death threats are eligible for political asylum.  The Ninth U.S. Circuit Court of Appeals in San Francisco reversed rulings by immigration courts against Rajeshwar Singh, his wife, Mohini Lata Singh, and their two children.

Mr. Singh’s father was killed by native Fijians in 1987 and the Singhs were under pressure to vacate their leased land so natives could move in according to their lawyer, Ashwani Bakhri.  Mr. Singh, a cabdriver in Fiji, was locked in the trunk of his taxi in 1996 by passengers who rolled the vehicle into a ditch, seriously injuring him.  His wife and young children were also attacked.  The Singhs, of Indian descent, said the violence against them was by Fiji’s native majority, who control the government.

The federal immigration board ruled that the family had not been persecuted which made them ineligible for asylum because they could not show that the police were unable or unwilling to protect them.  In a 3-0 ruling the appeals court said Singh had complained to police about the violence and had received no response.

The court ruled, “We have previously recognized the indifference of authorities to violence against Indo-Fijians during the period at issue in this case.”  The judges said the Singhs had been persecuted because of their ethnicity and probably would be persecuted again if they were deported back to Fiji.

For more information, please see:

San Francisco Chronicle – Fiji fear leads to asylum win for local family – 23 February 2009

Fiji Times – Fiji family qualifies for political asylum, US court rules – 24 February 2009

Junta Released More Than 6000 Prisoners

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – Junta released more than 6,000 prisoners after the United Nations human rights rapporteur Tomas Ojea Quintana concluded his visit last week.  Several monks and pro-democracy members were among released prisoners, a party spokesperson and a rights group said.  State radio and television reports prisoners were being freed because of their good conduct in jails.  These prisoners also would be able to participate in a general election planned for next year.

However, according to Assistance Association for Political Prisoners, a Thailand-based rights group believes “it is just for show”.  “This group does not include any policy makers or other key players,” said Tate Naing, the group’s secretary.  National League for Democracy spokesperson Nyan Win said he was expecting to hear about additional NLD members freed.

The United Nations human rights rapporteur Tomas Ojea Quintana noting “The human rights situation in Myanmar is still challenging.”  During his visit, Mr. Quintana were not allow to meet with either Aung San Suu Kyi, the leader of the opposition who is under house arrest, or Burma’s junta chief, Senior General Than Shwe.  Mr. Quintana’s mission to Myanmar is to push for the freedom of political prisoners – including Aung San Suu Kyi.  The Junta said that they would consider his recommendation, amending some national laws to be more in keeping with international standards.

At the same time, pressure is rising for U.N. Secretary-General Ban Ki-moon to visit Myanmar again.  Aung San Suu Kyi and others have written a letter welcoming a possible visit by the secretary-general to “discuss a broad range of issues,” U.N. envoy Ibrahim Gambari told reporters after briefing the Security Council on his recent trip to Myanmar.  U.N. Security Council members said they would support a visit by Secretary-General Ban Ki-moon.

For more information, please see:

AP – 19 political prisoners released from Myanmar jails – 22 February 2009

AP – Myanmar junta announces 6300 convicts to be freed – 20 February 2009

BBC – Burma rights still ‘challenging’ – 20 February 2009

Reuters – Political prisoners among 6,000 freed in Myanmar – 22 February 2009

Vestiges of Slavery Alive in the Caribbean

By Karla E General
Impunity Watch Reporter, North America


POINTE-A-PITRE, Guadeloupe – The Caribbean islands of Martinique and Guadeloupe have seen turmoil in the past month due to protests over extremely low wages and high living costs. The weeks long protests are in response to the pervasive level of inequality in the economy of the islands with just one percent of the population, known as the bekes (the primarily white, elite slaveholder descendants), owning most of the industries and sources of economic clout in the islands. Many demonstrators, mostly afro-Caribbeans, believe that their current dire circumstances are a manifestation of the legacy of racism and slavery on the French colony islands.

France dispatched 450 riot police to tame the protests that have been characterized by gunfire, looting, arson, and the death of longtime activist and union member Jacques Bino, who was shot and killed in a housing project in Point-a-Pitre. Three police officers were also reported injured, one of whom was shot in the eye. Protest leader Domota said the violence was prompted by the police, who have been accused of harassing protestors with racist insults.

The social and economic disparities between the two groups runs deep according to recent statistics, with an unemployment rate of 23 percent and a poverty rate of 12 percent, compared to 8 percent and 6 percent, respectively, on the overseas mainland of France.

Serge Romana, president of an association commemorating the abolition of slavery in the French territories, has said that French President Nicholas Sarkozy “must absolutely abolish all traces of neocolonialism and vestiges of slavery in the overseas regions.” This call for respect and equality has barriers in systemic processes, however, as beke Jean-Luc de Laguarigue has said: “Tensions have festered over generations because France and its islands have not explored the painful past…The protests are not a call for war, but for dignity.” He noted there was no known slavery museum in France and the subject is pretty much taboo in the educational system.

On Sarkozy’s part, he promised a $250 monthly raise for low-income workers and a lowering of prices on 100 products by 20 percent. Protest leaders and government officials are currently negotiating for lower housing, gasoline, water and electricity costs.

For more information, please see:

Houston Chronicle – Unrest in France’s Carribbean Islands Claims 1 – 18 February 2009

Associated Press – Unrest in Carribbean Has Roots in Slavery Past – 22 February 2009

Star Tribune –  On Martinique and Guadeloupe, Anger Over Soaring Living Costs Has Roots in Past Slavery – 22 February 2009