A Voice for the Voiceless

22 September 2008

CNMI Officials Say U.S. Proposal Harms Locals’ Rights

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By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SAIPAN, Commonwealth of Northern Mariana Islands – Local Island officials are speaking out against a U.S. proposal to create a national marine monument in the Northern Mariana Islands. Government officials claim that such a preserve would greatly inhibit locals’ rights to use the islands and their waters for their own economic benefit.

In a letter to President Bush, John B. Joyner, Ph.D., director of the Coastal Resources Management Office, Sylvan O. Igisomar, director of the Division of Fish and Wildlife, Frank M. Rabauliman, director of the Division of Environmental Quality, Ray Mafnas, senior policy advisor to the governor, and local community leaders like Lino M. Olopai, expressed their deep concerns for their people’s own autonomy:

“We remember being disposed of the area waters first by Spain, then Germany, followed by Japan, and now America? We beg your consideration so we, Pacific Island Americans, might avoid the never forgiven property plight of the Native Americans and the property infamy of the Japanese Americans.”

Island officials compare the U.S. designation protecting CNMI waters to recent actions taken by Russia against Georgia and China against Tibet.

In addition, the group wrote to President Bush, “You have said repeatedly that it is the role of government to protect the rights of the minority, not to abuse them just because the government may have the power to do so.”

On Thursday, the Senate  adopted House Joint Resolution 16-13 which asks President Bush to reject the marine monument proposal.

For more information, please see:
Mariana Variety –  Gov’t urges Bush to reject monument proposal – 22 September 2008

Pacific Magazine – Island Officials Say U.S. Move Would ‘Trammel’ Local Rights – 22 September 2008

Dissident Websites in Myanmar are Under Cyber Attacks

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar – Shortly before the anniversary of the 1988 pro-democracy uprising and last year’s Buddhist-monk-led Saffron Revolution, two leading dissident websites in Myanmar have been shut down by a sophisticated cyber attack. The websites, run by the Democratic Voice of Burma (DVB) and the Irrawaddy news magazine, are operated by exiles outside Myanmar.  These websites are one of the few remaining sources of reliable news for people in Myanmar, however both were disabled on Wednesday.

Irrawaddy said Thai web host I-NET had confirmed on Wednesday its site had been under “distributed denial-of-service” assault.  Aung Zaw, editor-in-chief of the Irrawaddy online magazine, says his staff is gathering evidence and believes it will be able to identify the attackers.  He believes that the junta is behind the attack, just as it was behind the shutdown of Internet access in Burma during last year’s uprising.  Myanmar’s military junta has launched a series of crippling cyberspace attacks on dissident websites on the first anniversary of major protest marches by Buddhist monks, the Irrawaddy websites said on Friday.

DVB’s Thailand bureau chief, Toe Zaw Latt, said the agency’s website was only a small part of its reporting operations, and two major sources of news inside Myanmar, its radio and satellite television stations, both remained up and running.  The Internet inside Myanmar had also been running slower than its normal snail’s pace this week and Internet cafes had come under unusually tight surveillance, the Irrawaddy said.  Security was also tight on the streets of Yangon, with some vehicle checkpoints, one diplomat said.

For more information, please see:

Radio Free Asia – Cyber-Attacks on Burmese Web Sites – 19 September 2008

Reuters – Myanmar junta takes out critical websites – dissidents – 19 September 2008

Wall Street Journal – The Generals Go Cyber? – 19 September 2008

Tutu Reports to the United Nations on a Possible Israeli War Crime

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

BEIT HANOUN, Gaza – On September 18, South African archbishop, Desmond Tutu, argued that Israel may have committed a war crime when it attacked Beit Hanoun in Gaza two years ago. Israel has repeatedly explained the shelling resulted from a flawed artillery firing system. The Israeli military claims their private investigation of the shelling uncovered a technical error. Mr. Tutu is critical of the explanation in his report to the UN Human Rights Council.

Israel’s shelling of Beit Hanoun killed 19 people. In his report to the UN, Mr. Tutu asks Israel to pay compensation to the victims. The report includes horrific accounts from several people who survived the shelling. The victims speak of dead people lying in the streets, local hospitals being overwhelmed, and of victims paying guards at Israeli checkpoints to receive treatment.

Defying the standards for international humanitarian law, Mr. Tutu claims the shelling shows a disproportionate and reckless disregard for Palestinian civilian life. As a result, he is concerned that a war crime may have occurred.

In his report, Mr. Tutu asked for an independent investigation into the shelling. He argued that the largely secret internal investigation performed by the Israeli military is legally and morally unacceptable.

Even as a UN special advisor, Mr. Tutu never received a report from the Israeli investigation. Mr. Tutu protested that without a well-founded explanation from the military and no independent investigation, no one has been held accountable for the shelling.

He explained the shelling has greatly increased the suffering of Gazans who are entitled to protection and support from Israel. Residents of Gaza have been stripped of their right to life through the killings that occurred in Beit Hanoun and the lack of an appropriate investigation into the deaths. 

At the presentation, the Palestinian ambassador to the UN, Mohammad Abu-Koash, said the International Court of Justice and the International Criminal Court should be contacted about Mr. Tutu’s report. In disagreement, the Israeli ambassador to the UN, Aharon Leshno Yaar, said nothing can be gained by rehashing the shelling now as a thorough investigation was performed and the results were shared with the UN.

According to Barnaby Philips, a reporter for Al Jazeera, “there is no relief in sight for Gazans and little indication that Tutu’s report can alter the grim facts of the Beit Hanoun killings.”

For more information, please see:

Al Jazeera – Tutu Urges Israel ‘War Crime’ Probe – 19 September 2008

Jerusalem Post – Tutu: Israel May Have Committed War Crime – 16 September 2008 

BBC – Israel Raid ‘Could be a War Crime’ – 15 September 2008

Ha’aretz – Archbishop Tutu to UN: Israel May Have Committed War Crime – 15 September 2008

Ynet – Tutu Says Israel May Have Committed War Crime – 15 September 2008

International Pressure for Human Rights Tribunal in East Timor

By Pei Hu

Impunity Watch Reporter, Asia

DILI, East Timor – East Timor President, Jose Ramos Horta, has faced criticism by his own citizens as well as the international community regarding the lenient treatment of Indonesian funded militia members incarcerated in East Timor.  The militia members were accused of committing human rights abuses. Horta and Indonesian leaders met for the joint Truth and Friendship Commission, where both countries attempted to bring the perpetrators of the 1999 violence to justice. Horta told reporters that the Truth and Friendship Commission is enough to bring justice. However, the Indonesian special court acquitted most of the 18 indicted suspects.

Before East Timor achieved its independence from Indonesia in 1999 by referendum, about 1,500 people were brutally murdered, tortured, and raped by pro-Indonesian militia. Nine years ago, the Indonesian government denied its involvement and has often said these acts of violence were sporadic actions of the pro-independence militia. However, BBC reporters have reported that Indonesian government assisted the militia.  The militia was loyal to Indonesia and used violent means to discourage a vote for independence.

Taking into consideration the close ties with its neighbor Indonesia, Horta issued a Presidential pardon to release some militia members involved in the East Timor conflict and decided not to establish a Human Rights Tribunal in East Timor. Horta encourages his citizens to forgive rather than to pursue justice through trials.

Joni Marques, the leader of the pro-Indonesian militia, Tim Alpha, was pardoned in July after being incarcerated 33 years. This move has been widely criticized by Timorese citizens and the international community. “Clearly, it’s not a good message with regard to impunity and accountability for serious crimes,” said Louis Gentile, the representative of the UN High Commissioner for Human Rights.

In addition, Horta has been criticized by Western members of the UN for not actively pursuing a Human Rights Tribunal. In response, Horta criticized the UN of “hypocrisy” because he does not believe that the Western nations would fund such a tribunal. Horta believes in a pragmatic need for good relations with its neighbor Indonesia.

For more information, please see:

BBC – Indonesia funded ‘E Timor abuse’ – 10 July 2008

http://news.bbc.co.uk/2/hi/asia-pacific/7499620.stm

BBC – Justice and compassion in East Timor – 4 July 08

http://news.bbc.co.uk/2/hi/asia-pacific/7489265.stm

BBC – Ramos Horta slams UN ‘hypocrisy’ – 15 September 08

http://news.bbc.co.uk/2/hi/asia-pacific/7615925.st

Children Soldiers in the Mindanao Conflict

By Shayne R. Burnham
Impunity Watch Reporter, Asia

COTABATO, Philippines – The Philippine Military accused the Moro Islamic Liberation Front (MILF) of using children as soldiers against the government.  Executive Secretary Eduardo Ermita revealed that President Gloria Macapagal-Arroyo will inform the UN General Assembly in New York this Thursday, citing a video clip of MILF’s human rights violations.

A member of the army’s 6th Infantry Division, Lieutenant Colonel Julieto Ando, stated that troops seized a video from a captured MILF base in Maguindanao.  Footage shows MILF’s recruitment and training of children.

The UN Convention on the Rights of the Child prohibits state governments and armed groups from using children under the age of 18 in armed conflict. However, although they admit to deploying young soldiers, MILF denies the use of children in their ranks.  Eid Kabalu, a senior rebel leader and civil miltary affairs chief, stated, “We have young members and these are the sons and even relatives of MILF []. We teach these young revolutionaries how to defend themselves from aggressors. They are not child warriors . . . .”  Furthermore, Muhammad Ameen, deputy chair of the MILF’s information committee, said, “We hope the United Nations will not try us in absentia and provide us an avenue to air our side and present evidence that the government is the one killing our children.”

The Mindanao conflict ensued last month when the government canceled a land deal with MILF.  It escalated after August 4th, when the Supreme Court entered a temporary restraining order against the signing of the Memorandum of Agreement on Ancestral Domain.  The Memorandum aimed to formally open negotiations between the government and MILF to end the four decade conflict and expand MILF territory.  Angered by the aborted agreement, MILF attacked multiple towns and villages in Muslim Mindanao, which has affected more than half a million people.

Peace negotiations have ceased between the government and MILF and the government peace panel has since been dissolved.

For more information, please see:

ABS CBN News – Humanitarian Situation Still “Grim” in Mindanao Conflict Areas– 17 September 2008

Amnesty International – Mindanao Citizens Under Threat From MILF Units and Militias – 22 August 2008

Inquirer.net – MILF Welcomes Gov’t Plan to Bring Child Warrior Issue to UN – 20 September 2008

Mindanao Examiner – Philippine Military Accused MILF of Using Child Soldiers in Mindanao – 12 September 2008