Migrant Workers Stranded in Baghdad

By Lauren Mellinger
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq– On December 5, Iraqi security forces stormed a warehouse at Baghdad airport, using tear gas and smoke grenades to forcibly remove dozens of migrant workers from the premises for deportation.  The migrant workers had been lured to Iraq three months earlier by recruiters for a defense contractor who promised the men jobs.

Last week, during a visit to the warehouse by Iraqi immigration officials, a riot broke out when the migrants protested their poor treatment by throwing bottles and stones at the officials.  In response, Iraqi security guards opened fire shooting into the air to silence the protest.

According to the workers, the recruiting agents guaranteed them jobs with Najlaa International Catering Services, a subcontractor to US defense company Kellog Brown and Root (KBR).  The workers, mostly men from India, Nepal, Sri Lanka, Bangladesh and Uganda, claim that the recruiting agents charged them between $3,000 and $5,000 to travel to Iraq.  Before leaving their homes many of the migrants sold their property and other valuables to raise the money to make the trip. 

Around 600 of the migrants have been kept in derelict warehouse at the Baghdad airport for months, while the remaining 400 have been living in a “make-shift” camp nearby.  They are provided with little food, have little access to working showers, and are forced to sleep four to a bed.  According to a spokesman for Najlaa International, to maintain their safety and prevent kidnappings, they are not permitted to leave the warehouse.  When reporters attempted to gain access to the facility, they were ordered away from the area by armed Iraqi security forces.

Several of the Ugandan workers claim they have been handcuffed and beaten by Iraqi police.  One man claims the Iraqi  police told him, “If you are here for the US, we’re going to show you the difference between the US government and the Iraqi government.”  The Iraqi police have not responded to the allegations of abuse.

The migrants are currently stranded in Iraq.  They are unable to remain in the country because of their visa status and cannot afford to make the return trip back to their home countries.   The workers claim they were tricked into handing their passports and visas over to the Iraqi security forces earlier this month, after being assured that Najlaa International required their information in order to pay them.  The passports were not returned and the paychecks not forthcoming, which led to speculation among the migrants that they were going to be forcibly deported from Iraq without payment.

Najlaa International denies allegations that it confined migrant workers to a warehouse where they were forced to live in dire conditions and kept there without pay.  According to Marwan Rezk, General Manager of Najlaa International, “They are living in a decent environment, provided three meals a day, showers and latrine facilities.”  Rezk maintains that the workers are well cared for and are temporarily residing in airport housing facilities while awaiting assignments on US bases.  Rezk further claims that the migrant workers’ contracts stipulate that they are only to be paid once they begin to work.

While the US military is looking into the matter, the conditions that the workers have been living in since they arrived in Iraq appear to be in violation of US military guidelines.  The guidelines were passed in 2006 to encourage defense contractors to deter human trafficking in Iraq.  In addition to regulating recruiters, the guidelines stipulate “minimum acceptable” living spaces and require companies to fulfill their contract obligations with employees.  Additionally, seizing passports and visas is a violation of the guidelines. 

According to KBR, it does not condone such unethical behavior, and was not involved in this recruiting scam.  The company has stated it plans “to remediate the problem and report the matter to the proper authorities.”  The company is already the target of other lawsuits involving allegations of human trafficking.

For more information, please see:

CNN – Workers in Iraq Say Scores of Them Removed by Force – 5 December 2008

CNN – Stranded Workers in Iraq: Recruiters Duped Us – 4 December 2008

ISS – Migrant Workers in Iraq Riot Over Treatment by KBR Subcontractor – 4 December 2008

Times UK – Iraqi Guards Open Fire as Migrants Riot About Deportation – 4 December 2008

AP – KBR Subcontractor Denies Confining Workers in Iraq – 3 December 2008

Human Rights Watch Urges Kazakhstan to Fulfill OSCE Commitments

By Shayne R. Burnham
Impunity Watch Reporter, Asia

Kazakhstan – Human Rights Watch urged the Kazakh government that it should make human rights reforms before taking chair to the Organization for Security and Cooperation (OSCE).  Kazakhstan was chosen last year to become chair in 2010.  Human Rights Watch issued a 55-page report, “An Atmosphere of Quiet Repression:  Freedom of Religion, Expression and Assembly in Kazakhstan,” which documents Kazakhstan’s extensive restrictions on freedom of religion, express and assembly, all in contravention of human rights law.

The United States urged Kazakhstan to reform human rights violations by the end of this year.  U.S. assistant secretary of state for the region, Richard Boucher, stated that, “Despite slow and uneven progress, President Nazarbayev assured me earlier this year that Kazakhstan will stand by its commitments… Clearly, a great deal of work must be done by the end of 2008.”

President Nazarbayev promised last month for a more democratic Parliament, allow more media freedom, and change electoral law.

Opposing members of the OSCE and human rights groups protest the Kazakh appointment, stating that it is too early for the country to lead in democracy.

Human Rights Watch calls upon Kazakhstan to fulfill its pledges it promised OSCE and that are required of it as a member of the OSCE such as:  “revise the draft religion law to bring it into conformity with the Kazakh constitution and international human rights standards; Make public a review of the draft religion law by the OSCE’s Office for Democratic Institutions and Human Rights; Place a moratorium on criminal libel cases and review the relevant articles in the Criminal Code with a view towards abolishing criminal libel, and establish a cap on defamation awards; and Abolish legal provisions that permit unnecessary restrictions on locations where demonstrations can take place.

Assuming Kazakhstan does take chairmanship, it will be the first post-Soviet country to lead the organization.

For more information, please see:

Human Rights Watch – An Atmosphere of Quiet Repression:  Freedom of Religion, Expression and Assembly in Kazakhstan – 1 December 2008

Human Rights Watch – Kazakhstan:  Fulfill OSCE Commitments on Human Rights – 1 December 2008

Reporters Without Borders – Kazakhstan ‘s OSCE Presidency Opposed After Heavily Biased Election Coverage – 22 August 2007

Reuters – U.S. Urges Kazakhstan to Uphold OSCE Values – 23 July 2008

Leaders Meet to Discuss Fiji’s Democratic Future

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – Papua New Guinea’s Prime Minister has reaffirmed his commitment to assist Fiji’s transition to a parliamentary democracy in 2009.

While traveling to Nadi, Fiji’s Interim Prime Minister, Commodore Bainimarama, stopped in Port Moresby to meet with PNG Prime Minister, Sir Michael Somare. Bainimarama briefed Somare on the political situation in Fiji as well as the challenges Fiji faces as it plans to hold democratic elections in 2009.

The leaders discussed the Draft People’s Charter for Change and the Peace and Progress, two controversial reforms which would amend Fiji’s 1997 Constitution. Bainimarama told Sir Michael that “basically the electoral reforms being proposed seek to remove the current race-based electoral provisions in law and replace it with a one-person, one-vote system – representing equal rights of all Fijians.”

Dispute over the drafting of the People’s Charter for Change, Peace and Progress stems from the 2006 military coup of Fiji’s Federal Government. Since that time, the ousted SDL Party has expressed growing concerns that the interim government will not make good on its promise to restore democracy. In October, a three judge court validated the 2006 coup, giving legitimacy to the interim government.

Meanwhile, a new group, known as the Movement for Democracy, has banded together to push the interim prime minister to make good on his promise to hold democratic elections. The group consists of NGOs and political parties, including the SDL party, and the National Federation Party.

Mr. Peter Emberson, a representative from the Pacific Concerns Resource Centre, says that the goal of the group is to uphold the law and promote human rights.

For more information, please see:
Radio New Zealand International – Two years after Fiji coup, movement launched to push for return to democracy – 05 December 2008

Pacific Magazine – Bainimarama Briefs Somare On Fiji Political Situation – 07 December 2008

Journalist Gunned Down in Bihar, India

By Shayne R. Burnham
Impunity Watch Reporter, Asia

BIHAR, India – Journalist Vikas Ranjan was shot dead on November 25 in Bihar, a northern state of India. Ranjan, 32, was killed outside his office in Rosera, located in the Samastipur district, by three armed men. The gunmen waited at the entrance of the office, shot Ranjan and fled on motorcycles. Ranjan was pronounced dead upon arrival to a local hospital.

It is alleged that Ranjan’s murder was connected to his investigations on local drug trafficking in recent weeks.

Bihar regional director of Hindustan’s sister newspaper, the English version of the Hindustan Times, said that his family had received threats about two weeks before his death. He reported them to police but did not get any protection.

“We call for the investigation into Vikas Ranjan’s murder to be immediate, thorough and transparent,” said Bob Dietz, Committee to Protect Journalists (CPJ) Asia Program coordinator. “Correspondents in remote areas should be protected from attacks made in retribution for their reporting.”

Relatives of Ranjan and fellow journalists gathered outside the hospital where Ranjan died, calling for immediate action by the police and protesting police failure to afford him protection against threats.

Bihar chief minister Nitish Kumar ordered proper police investigations into the murder. The official in charge of investigations said that three suspects had been identified and would be arrested in the next few days.

Indian Prime Minister Manmohan Singh has spoken with authorities in Assam and Manipur, two other northeastern states where killings of journalists are prevalent, asking them to effectively investigate their deaths and protect journalists.

“Ranjan was the third Indian journalist to be murdered in the past two weeks,” said Reporters Without Borders.

According to CPJ’s Impunity Index, India ranks at number 13. The Impunity Index is a list of those countries where governments have failed to solve journalists’ murders.

For more information, please see:

Committee to Protect Journalists – Journalist Shot Dead in Bihar – 1 December 2008

Hindustan Times – Hindustan Reporter Shot Dead in Bihar – 2 December 2008

Reporters Without Borders – Journalist Investigating Drug Trafficking Gunned Down in Bihar State – 27 November 2008

Tonga Capital Residents Support Continued Enforcement of Emergency Powers

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

KOLOFO’OU, Tonga– In downtown Kolofo’ou in Nuku’alofa, Tonga’s capital, some residents are speaking out in support of the ongoing extension of the emergency powers in the Central Business District of Nuku’alofa.  The emergency powers have been enforced since November of 2006 when riots led to the death of eight people and millions of dollars in damage.  Rioters burned down most of the major shops and businesses in town.  The emergency powers lapsed in August of this year but were renewed in September.  The renewed emergency powers give soldiers and police a wider ability to detain and arrest.

A number of people expressed disappointment and anger in the prolonged enforcement of the emergency powers.  They claim their freedom is being restricted.  But Tevita Manu Fasi, the town officer of Kolofo’ou, has told Radio & TV Tonga News that he believes the government and authorities should continue protecting  the town so the residents can live in a safe environment.  Mr. Fasi said, “I understand some people say they’re being affected in their movement and feel secluded because of the ongoing imposition of the emergency powers in Nuku’alofa but I know those people do not live here in the capital.”

Another resident, Tu’ipolutu ‘Ilavalu, claims the ongoing enforcement of the emergency powers is to ensure that everyone is safe, especially the city’s residents and businesses.  Ms. ‘Ilavalu said, “I understand that with the emergency powers some freedom is not restricted like the freedom of movement but we fear that some men trespass from time to time and they consume liquor in town, they’re people we do not know.  Such behavior never occurred in this town before.”

The Prime Minister, acting on the advice of the Minister of Police, has formed the opinion that public order in the Nuku’alofa area continues to be seriously threatened and it is necessary to keep the emergency powers in that area.

For more information, please see:

Tonga Broadcasting Commission – Kolofo’ou residents support ongoing enforcement of emergency powers – 05 December 2008

Radio New Zealand International – Some residents in Tonga capital speak out in support of emergency powers continuing – 05 December 2008

Radio New Zealand International – Anger in Tonga after emergency police powers put back in place – 10 September 2008