Bainimarama Dismisses Chairman’s Opinion of Fiji’s Political Situation

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji– Fiji’s Prime Minister, Commodore Frank Bainimarama, has written to the Chairman of the Pacific Islands Forum and Premier of Niue, Toke Talagi, dismissing Mr. Talagi’s statements to Radio Australia’s Pacific Beat about Fiji’s political situation as ill-informed.

Mr. Talagi said that the region’s leaders must be careful when accepting Bainimarama’s election promises.  Bainimarama told the leaders in 2007 that Fiji will hold elections next year but has since said this will not happen.  Mr. Talagi said, “That’s part of the problem that I have as a chair of the Forum at the present time – the fact that if he’s not able to hold to his word then we’ve got to be extremely careful in determining when he promises to do things into the future whether he’s going to hold to that word as well.”

Bainimarama replied that Mr. Talagi has never been to Fiji to assess the realities on the ground not communicated with him in any substantial way about the political situation.  He says that the people of Fiji will decide their political destiny and future.  He also reiterated that Fiji will not return to parliamentary representation by March this year.

The attacks on Niue’s Premier come a week ahead of a special Forum leaders meeting in Port Moresby, Papua New Guinea to discuss Fiji’s political situation and its refusal to hold elections as promised.  Commodore Bainimarama is looking forward to meeting Mr. Talagi at the meeting.

For more information, please see:

Radio New Zealand International – Forum chair Talagi criticized by Fiji regime over post-coup stance – 19 January 2009

Islands Business – People will decide political destiny: Bainimarama – 19 January 2009

Fiji Times Online – Fiji must win leaders’ trust: Talagi – 09 January 2009

Bangladesh to Accept Illegal Migrants to Thailand

By Pei Hu
Impunity Watch Reporter, Asia

DHAKA, Bangladesh– India and Bangladeshi officials are cooperating to repatriate illegal migrants, also known as “boatpeople,” that made unsuccessful attempts to migrate to Thailand by sea. In the past two years, Thai officials have detained more than 5,000 boatpeople.

Allegations of the Thai navy of sending the boatpeople out into the high seas in boats without engines and with little or no food have caught international attention. In response, the Thai Prime Minister, Abhisit Vejjajiva, has said reports of abandonment at sea are “exaggerated” but promised an investigation team to probe the allegations.

Indian coastguards have rescued more than 300 boatpeople near Andaman Islands, and the Indonesian coastguard has rescued more than 200 more. Survivors say that over 500 migrants are still missing.

Some of the boatpeople are originally from Bangladesh. Many of the refugees are Rohingya Muslims originally from Arakan province in Burma. The Rohingya people face persecution and discrimination in Burma. Many of these illegal migrants seek work in Thailand and Malaysia.

Foreign Ministry spokesman Yeakub Ali said the Bangladeshi government is taking measures to repatriate the Burmese nationals that have been rescued out at sea. However, Bangladesh is more reluctant to accept Rohingya refugees. About 200,000 Rohingyas live in refugee camps in Southern Bangladeshand many have acquired Bangladesh citizenship.

Meanwhile the United Nations High Commission for Refugees (UNHCR) is demanding for the release of 126 Rohingya Muslims that are still in Thai custody. Earlier this week the Thai government denied UNHCR access to the detainees.

For more information, please see:

BBC – Bangladesh Accepts 57 Boat People – 22 January 2009

Economist – Thailand’s Burmese People Cast Adrift – 22 January 2009

IW – Thailand Mistreats Illegal Immigrants – 15 January 2009

Xinhua – Bangladesh to Bring Home Nationals Rescued in Indian Sea Coast – 30 December 2008–

Investigation Begins Into Alleged Use of Phosphorus Shells by Israel

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – Israel announced on January 21 that the Israeli Defense Force (IDF) would begin an investigation into the alleged illegal uses of phosphorus shells in Gaza.  The Israeli army states that its use of weapons during the Gaza offensive was completely legal, however, until recently refused to specify which weapons had been used.

International law forbids the use of indiscriminate weapons, or weapons that unnecessarily harm civilians.  White phosphorus sticks to human skin and will continue to burn through the skin to the bone. killing most exposed to it.  Although the use of phosphorus shells is allowable under international law, it is only permitted for specific uses, such as lighting up an area at night, or creating a smoke screen to mask troops.  The use of white phosphorus in civilian areas is prohibited by the Geneva Conventions. 

Amnesty International and Human Rights Watch have both accused Israel of using white phosphorus in densely populated civilian areas in Gaza.  Human Rights Watch reported on January 10 that Israel appeared to be using white phosphorus to hide military operations in Gaza, however the shells were being detonated in or near densely populated areas causing many civilian casualties.  Amnesty International claims that Israel’s use of phosphorus in such an indiscriminate manner constitutes a war crime.

Medical reports coming from Gaza seem to support the claims that many civilians were exposed to the deadly chemical.  A surgeon at the Shifa hospital claimed that he treated many patients with burns unlike those he had ever seen.  He said he had already lost 60 to 70 patients due to severe burns and related injuries and that he had also been losing patients with relatively small burn injuries unexpectedly.  The wounds were consistent with phosphorus exposure.

At first, Israel denied all use of phosphorus weaponry.  However, it acknowledged on January 20 that it had used phosphorus shells, claiming that all use during the offense was allowable under international law.  Israeli media sources have claimed that approximately 200 shells were fired, but that they were mostly fired over orchards where gunmen and rocket launchers were known to be hiding.

For more information, please see:

Associated Press – Israel Will Investigate Use of Phosphorus Shells – 21 January 2009

BBC – Israel to Probe Phosphorus Claims – 21 January 2009

International Herald Tribune – Israeli Use of Phosphorus Shells Under Investigation – 21 January 2009

The National – Israel Accused of Phosphorus Use – 21 January 2009

Times Online – Israel ‘Admits’ Using White Phosphorus Munitions – 21 January 2009

Amnesty International – Amnesty International Team Reports From the Rubble of Gaza – 20 January 2009

BBC – New Israel Phosphorus Accusation – 20 January 2009

The Guardian – Gaza Doctors Struggle to Treat Deadly Burns Consistent with White Phosphorus – 20 January 2009

Reuters – Amnesty Accuses Israel of Crimes Over White Phosphorus – 19 January 2009

Human Rights Watch – Israel: Stop Unlawful Use of White Phosphorus in Gaza – 10 January 2009

International Writers Called for Liu Xiaobo’s Release

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – An international writers’ organization has called on the Chinese government to release dissident Liu Xiaobo.  More than 300 writers, including Salman Rushdie, Margaret Atwood, Chinese novelists Ha Jin and Jung Chang, signed the call for Liu’s release, writers group International PEN said.

Liu was arrested last month after he issued an online petition called Charter 08. Around 300 Chinese dissidents and intellectuals signed the text.  Despite censors repeatedly removing references to the charter from websites, supporters say that 7,000 more have added their names.  Charter 08 called for greater rights for Chinese, direct elections and political and fiscal reforms.

Since the issue of Charter 08, Chinese authority constantly harassed some of the Charter signatories.  But Liu is the only signatory to have been detained for an extended period.  Police appear to believe that he took a lead in drafting the document. Others say they have been questioned repeatedly regarding the Charter and Liu’s role in its preparation.

Under Chinese laws, Liu Xiaobo could be held under “residential surveillance” for a maximum of six months.  He is not allowed to leave his residence or meet people without prior police approval during this time.  The Chinese authority has not yet made public any information concerning the charges against him.

Liu was not allowed to meet his lawyer or family, except during the New Year’s Day lunch (with his wife and two police officers).  “He was unshaven, and to me he looked a little thinner,” Liu’s wife, Liu Xia, said. “We could only really discuss family matters during lunch.”  He does not have the right of access to a judge to challenge the grounds of his detention, unless his detention exceeds the six-month limit.

“The use of such detention without formal arrest or charge against peaceful activists is arbitrary and in violation of international human rights standards, including the rights to liberty, security of person and fair trial,” said Roseann Rife, Deputy Director of Amnesty International’s Asia Pacific Programme.

For more information, please see:

Amnesty International – China urged to release scholar Liu Xiaobo from ‘residential surveillance’ – 07 January 2009

Guardian – Authors lobby for Chinese dissident’s release – 21 January 2009

BBC – Authors urge Liu Xiaobo release – 21 January 2009

Reuters – Writers call for China dissident’s release – 21 January 2009

Olympics Protester Ji Sizun Jailed for Three Years

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – Ji Sizun, a 58 years-old grassroots legal activist from Fujian province, has been sentenced to three years in prison.  He was charged for making fake official government seals and forging official documents in 2006.  Last year, Ji traveled to Beijing from the southern province of Fujian. He wanted to call for greater participation of Chinese citizens in the political process and denounce rampant official corruption.  He applied for a permit to hold a protest against corruption in one of Beijing’s three official “protest zones” designated for public use during the Beijing Olympic Games.  When he returned to check on his application three days later, he disappeared, human rights groups said.  Eyewitnesses said Ji was escorted out of the building and put into a car by several men who appeared to be plainclothes police officers.

Ji’s lawyer Huang Qiang says, “For charges of making fake official government seals and forging official documents, three years is the heaviest punishment.”  However, Huang refused to say if the sentence was linked to Ji’s attempt to demonstrate during the Beijing Olympic Games. Huang said he did not know about Ji’s activities during the games.

Ji’s action was a respond to an announcement made by Liu Shaowu, the Beijing Organizing Committee for the Olympic Games (BOCOG) security director on July 23, 2008.   The announcement stated “people or protesters who want to express their personal opinions can go to do so” in line with “common practice in other countries.”  Over the following week, 77 applications were filed.  Citizens who applied were either detained by authorities or blocked by complicated application procedures.  In one instance, two women in their 70s were ordered to spend a year in a labor camp after applying, but authorities later reversed their decision.

Human Rights Watch called for immediately exonerate and release of Ji. Human Rights Watch said that Ji’s conviction is part of a broader campaign against dissent and perceived threats to the Chinese Communist Party’s one-party rule linked to official concerns about possible unrest in 2009.   Sophine Richardson, Asia advocacy director at Human Rights Watch, says, “Ji Sizun’s conviction is just the latest betrayal of the Chinese government’s promises that the Beijing Olympics would foster greater development of human rights in China.”

For more information, please see:

AP – Would-be Olympics protester sentenced to prison – 16 January 2009

Guardian – China Olympics protester jailed on forgery charges -16 January 2009

Human Rights Watch – China: Would-Be Olympics Protester Ji Sizun Jailed – 16 January 2009