Amnesty International Urges that India’s Anti-Terror Laws Violates Human Rights

By Shayne R. Burnham
Impunity Watch Reporter, Asia

NEW DELHI, India – The Indian Parliament has passed anti-terror laws in response to the terrorist attacks that occurred in Mumbai last month in order to enhance police security and combat future acts of terrorism.  The new legislation currently awaits approval by the President.

The amendments include changes to the Unlawful Activities (Prevention) Act and provisions of the new legislation aiming to set up a National Investigating Agency which will investigate terrorism.

The new amendments include overly broad definitions of “terrorism” and what constitutes membership of a terrorist organization; extends the maximum detention of suspects involved in terrorism from 90 days to 180 days; denies bail for foreign nationals who enter the country illegally; in certain cases, requires suspects to prove their innocence, and; allows proceedings to be closed to the public without specified grounds.

According to Amnesty International, India’s new legislation against terror would violate international human rights treatises.  “While we utterly condemn the attacks and recognize that the Indian authorities have a right and duty to take effective measures to ensure the security of the population, security concerns should never be used to jeopardize people’s human rights,” said Madhu Malhotra, Asia Pacific Programme Deputy Director at Amnesty International.

Amnesty International also stated that “India’s experience with previous anti-terrorism laws has shown that they can lead to abusive practices.”

Home Minister Palaniappan Chidambaram defended the bill in Parliament stating that it provided an “adequate balance” between “the demands of human rights and the people of India for strong anti-terror laws.”   He went on to say, “You have captured the mood of the nation. The nation expects parliament to pass these laws today and restore their confidence.”

Amnesty International has called on India’s President to reject the new amendments and for the President and Parliament to review the amendments so that they conform to human rights standards.

For more information, please see:

Amnesty International – Proposed New Indian Anti-Terror Laws Would Violate Human Rights – 23 December 2008

Associated Press – Amnesty International Slams Indian Anti-Terror Law – 19 December 2008

Boston Globe – India Supports New Antiterror Laws – 18 December 2008

Saudi Arabia Initiates Ad Campaign to End Violence Against Migrant Domestic Workers

By Lauren Mellinger
Impunity Watch Reporter, Middle East

 RIYADH, Saudi Arabia – In December 2008, a Saudi corporation, which chooses to remain anonymous, initiated an ad campaign to stop abuse against migrant domestic workers in the country.  The campaign emphasizes religious teaching, focusing on mercy and compassion to advocate for a change in the treatment of foreign domestic workers.

 An estimated 1.5 million migrant domestic workers travel to Saudi Arabia annually in search of employment.  Many who are employed as domestic workers are subjected to emotional, physical  and sexual abuse by their employer.  For example, wealthy employers withhold wages.

 Human rights activities, including Human Rights Watch, claim that abuse against domestic workers is common in Saudi Arabia, and that the current ad campaign is a necessary first step toward addressing the issue.  All television advertisements end with a saying from the Prophet Muhammed regarding mercy and reciprocity.

The campaign features advertisements in several Saudi-owned newspapers and satellite television channels, and includes graphic images depicting the maltreatment of domestic workers in many Saudi homes.  One advertisement, which appeared in the newspaper Al Hayat, depicts a maid trapped in a kennel and wearing a dog collar; another ad shows a foreign chauffeur wearing saddle while a Saudi woman holds the reins.

 The ad campaign has been criticized heavily in Saudi Arabia, with many claiming that the harsh imagery is not an adequate representation of Saudi society.  Several journalists have called for an end to the ad campaign, claiming that it depicts Saudi society as cruel and heartless.  Several major newspapers have refused to publish the ads.  According to one journalist, Terad Al al-Asmari, the current campaign “could lead  to hatred between foreign labor and the Saudi citizen.”

 However,  a Saudi human rights lawyer and activist Abdel Rahmn al-Lahim has defended the campaign, stating that, “unlike conferences and seminar, a media campaign like Rahma reaches the average man and woman, who are more often than not, those same employers who mistreat their servants.”

 In response to a Human Rights Watch report released in 2008 regarding the plight of migrant domestic workers in Saudi Arabia, the government, through the Ministry of Labor, and the Saudi Association for Human Rights are collaborating to formulate guidelines that will regulate the relationship between foreign domestic workers and their employers.  The new regulations include legal guarantees for laborers, and an initiative to legalize professional contractors and corporations through which Saudi citizens can employ domestic workers based on a contractual relationship between the company, the migrant worker and the Saudi employer.  Both human rights advocates and the Saudi government consider eliminating the private sponsorship of migrant domestic workers to be a crucial step in ending abuse of migrant domestic workers.

 

 

Human Rights Watch is urging Saudi Arabia to ratify the UN Migrant Workers Convention, which guarantees migrant workers’ human rights and requires a state to provide protection for foreign workers against abuse by private employers and public officials.

 For more information, please see:

 Al Arabiya – Saudi Mercy Campaign Highlights Islamic Values – 24 December 2008

 Angola Press – Saudi Campaign Against Maid Abuse – 24 December 2008

BBC –Saudi Campaign Against Maid Abuse – 23 December 2008

 Reuters – Mideast Should Act Against Maid Abuse – 17 December 2008

Fiji Expels NZ High Commissioner

By Hayley J. Campbell
Impunity Watch Reporter, Oceania


SUVA, Fiji – Following threats to expel New Zealand’s acting High Commissioner, Caroline McDonald boarded a flight bound for Auckland this morning.

Ms. McDonald, NZ’s High Commissioner, was accompanied by her husband, Simon Mark, who is also New Zealand’s Trade Commissioner. The two left this morning after 11 months of working to establish better foreign relations with Fiji.

McDonald has made clear, however, that she is still a friend to Fiji, “despite the sadness I feel,” she said.

This morning, British and American embassy cars provided a special diplomatic escort for the couple. The two boarded a 10:20 am Air New Zealand flight to Auckland.

Friends and family gathered at Nadi Airport in Fiji to see the couple off. In Auckland, several members of the media and foreign affairs personnel awaited Ms. McDonald and her husband’s arrival.

Five days ago interim Attorney-General Aiyaz Sayed-Khaiyum announced plans to expel Ms. McDonald to show the interim government’s anger over travel sanctions. Both New Zealand and Australia set travel restrictions affecting Fiji interim officials as punishment for the bloodless military coup of Fiji’s federal government in 2006.

New Zealand’s foreign affairs minister, Murray McCully, says he will meet with Ms. McDonald to discuss Fiji’s political situation in the next few days.

For more information, please see:
Matangi, Tonga – Alarm sounds again for media freedom in Fiji – 22 December 2008

Fiji Times – NZ still a friend of Fiji, says McDonald – 29 December 2008

Fiji Times – Diplomat backs democracy for Fiji – 29 December 2008

Radio New Zealand News – NZ hopes Forum will help to resolve dispute with Fiji – 29 December 2008

Taliban Destroys NATO Supplies

By Shayne R. Burnham
Impunity Watch Reporter, Asia

PESHAWAR, Pakistan – Approximately two weeks ago, Taliban militants destroyed 11 trucks and 13 NATO containers in Peshawar, marking their sixth attack in 13 days.  In total, about 400 containers containing military supplies have been destroyed.

This region is home to one of a few lawless tribal districts that provide security to the Khyber Pass, a crucial trade route.  However, security has deteriorated with the rising power of the Taliban, particularly Hakimullah Mehsud, commander and lieutenant of Baitullah Mehsud, leader of the main Pakistani Taliban faction.

Pakistani citizens add to the deterioration of security by protesting U.S. missile attacks in their country and expressing sympathy towards Taliban insurgents.  Furthermore, some state that the government is doing little to stop the militants.

Kifayatullah Jan, manager at Port World Logistics, a contractor that has been ferrying NATO supplies, stated, “For us it may mean we close shop. We can’t do business if the government cannot provide us protection.”  Jan further stated that his company receives threats from Taliban militants to “stop transporting supplies to the Americans or face the consequences.”

Mahmood Shah, a retired Pakistani Army brigadier formerly in charge of security in the western tribal regions, said the government had the manpower to drive militants out of Khyber but had mounted only a weak response.  He said, “You have the chance to wake up, but if you don’t wake up now, there is a good chance you won’t wake up at all.”

Currently, the constant attacks have caused NATO to seek alternative routes through bordering nations.  NATO intends to deploy an additional 60,000 troops and tactics that include empowering the local tribes in the area to provide further security over the Khyber Pass.

For more information, please see:

Asia Times Online – Another Blow to NATO’s Supplies – 16 December 2008

International Herald Tribune – Taliban Choking a Vital NATO Supply Line – 25 December 2008

Reuters – NATO to Engage Afghanistan Tribes in Taliban Fight – 22 December 2008

Telegraph.co.uk – Khyber Pass:  Crucial for Trade and Invasion – 7 December 2008

Egypt Repatriates Eritrean Refugees

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

CAIRO, Egypt – On December 24, Egypt repatriated twenty-five Eritrean asylum caught on their way to Israel.  Both Amnesty International and Human Rights Watch made pleas that Egypt stay the repatriation until UNHCR could assess their claims. 

Human Rights Watch (HRW) deputy director Joe Stork said that Egypt’s actions were “outrageous” and that they were giving Eritrean officials access to nationals fearing persecution over the UNHCR.  Egypt is required under international human rights law and refugee law to stay repatriation of people who are at risk of torture or persecution. 

According to Amnesty International (AI), the group was part of a larger group of 104 – comprised of 78 men and 23 women, including one who was pregnant.  The remainder of the group is still being held in Nakhl detention center, in Northern Sinai.  AI reported that all of those deported are likely to be held incommunicado in inhumane conditions.  They could also be subject to torture or detention indefinitely without trial.  AI also reported that there are numerous other Eritrean detainees being held in other prisons in Egypt and that none of the migrants have access to UNHCR.  UN guidelines state that asylum holders should only be detained as a last resort.

Both HRW and AI request that Egypt uphold their obligations under international law.  HRW states that Egypt should under no circumstances deport the Eritrean refugees, and that the detainees should be given access to UNHCR.  AI is calling on Egypt to ensure that all those who are claiming asylum can have their petition reviewed. 

For more information, please see:

Reuters – Egypt Repatriates 25 Eritreans, Ignoring Appeals – 24 December 2008

Reuters – Egypt Must Allow UN Access to Eritrean Migrants, Says HRW – 20 December 2008

Amnesty International – Eritrean Asylum-Seekers Deported From Egypt – 19 December 2008

Human Rights Watch – Egypt: Don’t Return Eritrean Asylum Seekers At Risk – 19 December 2008