Chile Faces Final Obstacle in Reforming Draconian Abortion Law From the Pinochet Era

By: Max Cohen
Impunity Watch Reporter, South America

SANTIAGO, Chile – In the early days of August 2017, and after two years of debate, lawmakers in Chile overwhelmingly approved a dramatic change in the country’s abortion laws allowing women to terminate a pregnancy under certain conditions. Before becoming law however, the Constitutional Tribunal must approve of the law.

A woman participates in a pro-abortion march in Santiago, Chile. Photo courtesy of AP.

Currently, Chile has an absolute ban on abortion in all circumstances. Abortions were originally allowed for medical reasons in Chile since 1931, but in 1989 during the last years of the Pinochet dictatorship the ban was implemented and has remained law ever since. Anyone who participates in an abortion could serve up to 15 years in prison, although in recent years courts have tended to order therapy rather than incarceration for the women involved. Between 2010 and 2014 there were nearly 500 people charged and 73 convictions for abortion related offenses, 12 of which are men currently serving prison sentences.

The new law would only allow for abortion in certain circumstances such as if the pregnancy endangers the life of the mother, or if the fetus is not viable, or if the pregnancy resulted from rape. If a pregnancy may endanger a woman’s life however, abortion would not be allowed. It’s only when the woman’s health is in danger that the law would allow her to get an abortion, and even then, only after requiring the opinion of two doctors.

According to a survey poll taken last month about 70% of Chileans support the change in the country’s abortion laws. Approximately 60,000 – 70,000 illegal abortions are performed each year in Chile. Despite this, the new law has its share of opposition which forced it to be referred to the Constitutional Tribunal.

However, whether the law will be approved by the Constitutional Tribunal is uncertain. Even though proponents seek to argue that it is a human right to be able to have an abortion, opponents point to a clause in Chile’s constitution which protects the life of the unborn. However if the ban is approved it will end Chile’s status as the only South American country with an outright ban on abortion.

For more information, please see:

New York Times – Thrust Into Chile’s Abortion Fight, Women Who Urged Change May See It – 17 Aug, 2017

The Guardian – Endgame nears in Chile president’s fight to temper draconian abortion ban – 16 Aug, 2017

CNN – Chilean lawmakers vote to ease abortion ban – 3 Aug, 2017

New York Times – Chile’s Congress Approves Abortion In Limited Cases – 3 Aug, 2017

Hong Kong Jails Three Young Activists

By: Brian Kim
Impunity Watch Reporter, Asia 

HONG KONG – On August 17, 2017, three Hong Kong activists were sentenced to prison. Joshua Wong, Nathan Law, and Alex Chow led a pro-democracy protest in 2014. The three were among a group of students who occupied Hong Kong’s legislative headquarters in 2014. The forcible removal of these students from the premise angered the public.

Joshua Wong, a pro-democracy activist, led a demonstration in 2014. Photo courtesy of NYT.

After the incident, the activists were convicted of unlawful assembly.

They were originally sentenced to community service and a suspended jail term, but in a rare move by the Hong Kong government, an appeal was filed to reconsider their “lenient” sentences.

A Hong Kong court recently sentenced Joshua Wong to six months in prison, Law was sentenced to eight months, and Chow was sentenced to seven months. In Hong Kong, one is ineligible to run for local elections for the following five years if they were sentenced to more than three months in jail.

After the ruling, Amnesty International referred to the appeal for jail terms as a “vindictive attack” on freedom of expression. Many other organizations have condemned the authorities.

However, the government stated that “there is absolutely no basis to imply any political motive.” The authorities went further by stating that freedom of speech is guaranteed in Hong Kong.

Hong Kong, a former British colony, returned to Chinese rule under a “one country, two systems” principle. Although this governing principle assured a degree of autonomy, the public has been skeptical as the Chinese government has been asserting their power.

For example, the Chinese government removed seven dissident lawmakers from Hong Kong’s citywide elections last year. Nathan Law, who was the youngest-ever legislator, was removed last month.

For more information, please see: 

CNN – Joshua Wong and two other Umbrella Movement leaders jailed in Hong Kong – 17 August, 2017

NYT – Joshua Wong and 2 Others Jailed in Hong Kong Over Pro-Democracy Protest – 17 August, 2017

BBC – Hong Kong activist Joshua Wong jailed for six months – 17 August, 2017

Argentine Man Disappears After Detention by the Government and Citizens Demand Information

By: Max Cohen
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – The government of Argentina is currently being accused of “disappearing” a human rights activist named Santiago Maldonado on August 1st. On Friday August 11th, thousands of people marched through the capital demanding information regarding the whereabouts of Maldonado. The disappearance of Maldonado after being detained by Argentine border police, aka the National Gendarmerie, brings back painful memories for many of the dictatorship that ruled the country from 1976 to 1983 and “disappeared” around 30,000 people.

Protestors march through Buenos Aires with Santiago Maldonado’s picture and the message “Appear alive now” as they demand answers regarding his disappearance. Photo courtesy of the Associated Press.

Santiago Maldonado was taking part in a protest supporting the land claims of the indigenous Mapuche Indians when he was allegedly grabbed and detained by border police for blocking a road along with other protestors. The Mapuche Indians were being evicted from lands in Patagonia owned by the Italian clothing company Benetton, and used to produce wool, but which they’ve claimed as being their ancestral lands and have occupied since 2015. According to the human rights group Center for Legal and Social Studies, on the day Maldonado appeared about 100 government agents entered the indigenous community shooting rubber and lead bullets. Maldonado and the other protestors were also demanding the release of Facundo Jones Huala, a Mapuche leader currently imprisoned for illegal possession of firearms and wanted in Chile on charges of terrorism. However, Argentine activist Adolfo Perez Esquivel, who won the Nobel Peace Prize in 1980 for his defense of human rights during the dictatorship, has accused the current government of repressing indigenous peoples.

Since Maldonado went missing Argentine authorities have denied any wrongdoing and even offered a $27,000 reward for information on his location. Security Minister Patricia Bullrich has also said that there’s no indication the border police captured Maldonado, or that he was even at the protests.

However, his family as well as other witnesses claim that he was there and was detained. In addition to the thousands of civilians who marched through Buenos Aires, the UN Committee on Enforced Disappearances has expressed concern for Maldonado’s health and demanded action from the Argentine government. On Monday August 7th, a protest demanding Maldonado’s safe return had turned violent when protestors hurled Molotov cocktails at police, attacked a journalist and smashed the window of a television van. There are presently no indications that the August 11th protest was similarly violent.

For more information, please see:

Reuters (UK) – Thousands of Argentines march to demand answers on missing protestor – 11 Aug, 2017

The Guardian – Argentina activist missing after indigenous people evicted from Benetton land – 8 Aug, 2017

Washington Post – Argentina rights groups demand info on missing activist – 8 Aug, 2017

World leaders work together in Paris over migrant crisis

By: Sara Adams
Impunity Watch News Reporter, Europe

African and European heads of state convened in Paris for discussions on the migrant crisis. Image courtesy of AFP.

PARIS, France – French President Emanuel Macron played host to several world leaders in Paris on August 28 in a meeting over the migrant crisis.

Present were leaders from four European countries that have faced a heavy influx of migrants from Africa in the past several years.

Germany, France, Italy, and Spain sent their heads of state to Paris for the meeting. Alongside them were the presidents of Niger, Chad, and the head of Libya’s unity government.

President Macron praised Italy for their recent policies on nongovernmental aid rescues off the Libyan coast.

Italy has been working with Libya’s coast guard to reduce the number of illegal migrants coming to their shores.

“[This] is a perfect example of what we are aiming for,” President Macron said.

German Chancellor Angela Merkel called for “urgent” rethinking of the European asylum system to curb the instances of illicit human trafficking across the Mediterranean.

She called for a system of asylum in which there is a defining line between having “legitimate humanitarian needs” and “fleeing poverty”.

Some of the African leaders at the mini-summit disagreed with the Chancellor’s approach. Niger’s President Mahamadou argues that poverty is the driving force behind migration. That driving force, he says, is what leads people into trafficking.

President Mahamadou says that the crux of the issue will always be development. Without more resources, he says, this problem will continue to exist.

Chad’s President Idriss Deby Itno concurred with Niger. He cited “poverty and a lack of education” as the main reasons Africans make the perilous journey to Europe.

Despite instances of disagreement, the nations did come to one policy covenant.

Plans were proposed that would entail migrants seeking asylum to apply for protection while they remain in Africa. Currently, there is no policy in place preventing migrants from coming to the European mainland and subsequently applying for asylum where they land.

President Macron suggested that the European Union pay 60 million euros to Africa in order to help with the process.

This is one of the first times Europe has worked directly with Africa to stem the crisis.

President Macron insists that the only way the migrant crisis can be solved is by coherence between the European Union and the African Union.

“[The issue is a] problem that concerns us all and that cannot be solved without us all,” he said in a statement after the meeting was over.

“This is a challenge for the European Union and the African Union…that [needs to be approached] with solidarity, humanity, and efficiency.”

For more information, please see:

BBC News – Migrant crisis: Macron unveils plans after meeting – 28 August 2017

Washington Post – Can Africa thwart the next migration crisis? European leaders think so. – 28 August 2017

Al Jazeera – EU, African leaders back new plan over migrant crisis – 28 August 2017

The Guardian – African and European leaders agree action plan on migration crisis – 28 August 2017

The New York Times – European Leaders Look to Africa to Stem Migration – 28 August 2017

 

Violence Continues in Myanmar’s Rakhine State

By: Brian Kim
Impunity Watch Reporter, Asia 

NAYPYIDAW, Myanmar – Members of the Rohingya minority group stormed 30 police stations on August 25th. Around 150 fighters, armed with guns and machetes, attacked Myanmar security forces. The officials believe that around 60 of the insurgents and 12 Myanmar security forces were killed. The Arakan Rohingya Salvation Army (ARSA) claimed responsibility for the attack.

Myanmar police are heavily patrolling parts of Rakhine. Photo courtesy of BBC.

This conflict occurred soon after the Advisory Commission on Rakhine State, led by former United Nations Secretary-General Kofi Annan, released the long-awaited report.

The commission was established last year to evaluate the situation in Rakhine State. Soon after the report was released, Annan stated that “unless concerted action – led by the government and aided by all sectors of the government and society – is taken soon, we risk the return of another cycle of violence and radicalization, which will further deepen the chronic poverty that afflicts Rakhine State.”

Aung San Suu Kyi, Myanmar’s leader, stated that the attacks were deliberately planned to coincide with the release of the Advisory Commission’s report.

Aung San Suu Kyi, a Nobel Peace Prize winner, requested that the commission evaluate the conflict in Myanmar last year. However, many humanitarian groups have been critical of her leadership and expressed their disappointment.

Human Rights Watch Deputy Asia Director publicly stated that since the report has been published, “the ball is now in Suu Kyi’s court.”

Because of the ongoing chaos, Rohingya Muslims have been fleeing to Bangladesh by the thousands. However, the Bangladeshi officials have been turning people back at the Ghumdhum border area. The officials estimate that around 3,000 Rohingya have found refuge in Bangladesh since the attack.

Reuters – At least 71 killed in Myanmar as Rohingya insurgents stage major attack – 24 August, 2017

Fox News – Myanmar: Attacks on police, border guards kill at least 12 – 25 August, 2017

CNN – Police killed in new violence in Myanmar’s Rakhine State – 25 August, 2017

BBC – Myanmar Rakhine: Thousands flee to Bangladesh border – 28 August, 2017