Turkish Court Rules Gay Group is Anti-Moral; Desmond Tutu Condemns International Complicity Regarding Gaza; Lebanon Ends Presidential Stalemate

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

ANKARA, Turkey – On May 29, a Turkish court ordered Lambda Istanbul, a gay association, to close, ruling that it violated public morality and family norms.  The government prosecutor said that Lambda Istanbul violated a constitutional provision on the protection of the family and an article banning bodies “with objectives that violate law and morality.”

The full name of the group is Lambda Istanbul Lesbian Gay Bisexual and Transvestites Solidarity Association.  The alleged breach of morality and family norms occurred when Lambda refused to remove the words describing the sexual orientation or identities of the group’s members.

A member of the association, Baran Ergenc, said “If we take out the words of lesbian, gay, bisexual and transvestites then it is not an association for them.” “The court found the association’s name in violation of public morality.”

Lambda’s lawyer, Firat Soyle stated, “This is a mistake and we hope that the Appeals Court will correct it.”  According to Ergenc, the group is determined to take the case to the European Court of Human Rights if Turkey’s Appeals Court upholds the decision by the local court in Istanbul.

For more information, please see:

AFP – Turkish Court Slaps Ban on Homosexual Group – 30 May 2008

BBC – Turkish Gay Group Will Fight Ban – 30 May 2008

FOXNews – Turkish Court Rules Gay Group Violates Public Morality – 30 May 2008

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GAZA CITY, Gaza – Desmond Tutu, ending a three day fact-finding mission in Gaza, called the Israeli blockade an “abomination.”  Tutu traveled to Gaza on a UN fact-finding mission into the 2006 killing of 19 Palestinian civilians in Beit Hanoun by an Israeli artillery attack.

Tutu denounced international inaction to stop the Israeli blockade of Gaza.  “My message to the international community is that our silence and complicity, especially on the situation in Gaza, shames us all… Gaza needs the engagement of the outside world, especially its peacemakers.”

British professor Christine Chinkin, traveling with Tutu, stated, “I think what we’ve seen shows plenty of evidence of at least the possibility of war crimes that needs much further independent investigation… I would certainly say the concept of collective punishment in a situation of occupation constitutes the notion of war crimes and possibly of a crime against humanity.”

For more information, please see:

AFP – Tutu Blasts International ‘Complicity’ Over Gaza – 29 May 2008

BBC – Tutu: Gaza Blockade Abomination – 29 May 2008

Reuters – UN Envoy Tutu Calls Gaza Blockade Illegal – 29 May 2008

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BEIRUT, Lebanon – On May 25, General Michel Suleiman was elected to be the next president of Lebanon.  He won the votes of 118 MPs in the 128-seat parliament.  In an address to the parliament following his election, Suleiman stated, “I call on you all, political forces and citizens, to build a Lebanon we all agree upon, setting the interests of Lebanon above our individual interests.”

Even though the parliament agreed to elect Suleiman as the next President of Lebanon, the parliament still delayed 19 times.  The delays resulted from disagreements between the March 14 majority and the Shia minority faction led by Hezbollah.  The May 25 election occurred as part of the Doha agreement.

Following the election, the March 14 majority unanimously nominated Fouad Siniora to return as the Lebanese Prime Minister.  On May 29, President Suleiman appointed Siniora  as Prime Minister and asked him to form a government.

For more information, please see:

The Daily Star – Some analysts see Doha as Stopgap solution to Lebanon’s Crisis– 28 May 2008

International Herald Tribune – Lebanon’s Sinora Set to Lead New Government – 27 May 2008

Ya Lebanon – Hollow Victory to Lebanon – 27 May 2008

(London) Times – Gunfire Welcomes Lebanon’s New Leader, General Michel Suleiman – 26 May 2008

Academic Concerned for Fijian Presidency; Bainimarama Warns, No Elections Without People’s Charter; NZ Law Society Fears for Fijian Rule of Law

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — Constitutional scholar, Brij Lal, has said that Fiji’s lack of a vice president has created problems that need to be addressed.  Fiji has been without a vice president since the military coup in 2006.  The trouble, according to Lal, arises because, under the Constitution, the role of appointing a vice president rests with the Great Council of Chiefs, but interim PM Frank Bainimarama suspended the GCC last year.

Without a vice president, if something should happen to the current president Ratu Josefa Iloilo, then a presidential power vacuum would ensue.  In such a situation, says Lal, Bainimarama would declare a state of emergency and assume the powers of the presidency. “He has done it before. Soon after the December 2006 coup, he simply asked the President aside and he assumed his powers,” he said.  “Given the power he has –he is the most powerful man in modern Fijian history: commander of the military forces, head of government, minister for Fijian Affairs and a host of other ministries including the Public Service—he can do anything he wants.”

Earlier this week interim PM Bainimarama addressed the question of the fate of presidential appointment.  While speaking with a group of villagers, Bainimarama indicated that the electoral system might be amended to allow the people to vote for the president and vice president, rather than have then appointed by the GCC.

For more information, please see:

Fijiive — Bainimarama may be President, again — 26 May 2008

Radio New Zealand International — Fiji presidency needs attention, says academic — 26 May 2008

Radio New Zealand International — Fiji interim PM says electoral system to by-pass GCC role — 23 May 2008
SUVA, Fiji — The interim administration has warned that democratic elections will not be held in 2009, as it has promised the international community, if local politicians do not support the People’s Charter.  Interim PM Bainimarama said that he wants the charter to be in place no later than March of 2009.  Reiterating a point he has made before, he declared at a church opening this week that, “We can’t have elections without the charter.”  He also said that the military would ensure that whoever wins the eventual election will uphold the charter’s ideals, including ending racist policies and thwarting corruption.

Bainimarama has tirelessly extolled the charter, despite mounting resistance.  Radio New Zealand International reports that he said that the military would like to see unanimous support for the charter, but that if the people did not support the military and the interim administration then there would be no election.

Ousted opposition leader, Mick Beddoes, said that he has become used to these kinds of statements from Bainimarama.  However, he said that he expects that the interim PM’s mind will change many more times before the election deadline, but that it is unfortunate that he resorted to threatening people.

For more information, please see:

The Press Association — Fiji leader gives democracy warning — 23 May 2008

Pacific Magazine — No Election Without Charter Says Bainimarama — 23 May 2008

Radio New Zealand International — Former Fiji Opposition leader not surprised by latest threats over elections from military leader — 23 May 2008

Radio New Zealand International — Fiji Interim PM says next year’s election dependent on passage of People’s Charter — 22 May 2008


WELLINGTON, New Zealand —  The New Zealand Law Society has issued a statement this week that they fear that the rule of law is being eroded in Fiji.  The Law Society indicated that they had been concerned since the suspension of Chief Justice Fatiaki last January 2007, since then, they say, other acts have further indicated the interim government’s disregard for the rule of law.

Specifically, the Law Society is concerned about the recent deportation of Fiji Times publisher Evan Hannah.  According to Law Society president John Marshall, “What made Mr Hannah’s deportation of even more concern was that it was made in defiance of a court order staying his deportation and requiring him to be brought before the court.”

Marshall also expressed his concern about comments by interim Attorney General and Minister of Justice Aryaz Sayed-Khaiyum who said that Fijian judges are entering the political arena and are prejudging cases before they are officially tried.  “The constitutional role of the Attorney General is to defend judges from public attack, not to criticise them publicly,” said Marshall.

For more information, please see:
Radio New Zealand International — Law Society fears for rule of law in Fiji — 23 May 2008

TV3 — Law Society voices concern about Fiji government — 21 May 2008

Nauru’s Controversial Election Pronounced ‘Credible’; CNMI Investigates Increase in Human Trafficking; Concern For Solomon Islands’ Donor Dependency

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

YAREN, Nauru — Concerns over Nauru’s April elections were mollified yesterday when the Pacific Islands Forum Monitoring Mission reported that the elections were ultimately credible.

Released today, the report emphasized that the results “accurately reflected the will of the people of Nauru.” The Mission stated, “Both polling and counting were conducted without problems and the Mission commended the Returning Officer and her election staff for this achievement, especially given the extremely short preparation time for the election.”

Absent any signs of foul play, the Mission did admit that the timing of the elections was far from ideal because the elections took place with little notice during a parliamentary deadlock and a State of Emergency.

While declaring the elections “credible,” the Mission also made three recommendations: first, the government should allow at least three weeks prior notice before holding elections to maximize candidate preparedness and voter participation, second, recommendations made by the 2007 Forum Election Observer Team should be implemented as soon as practicable with the help of the Forum Secretariat if needed, and third, Constitutional reforms, set up prior to the elections, should be implemented without delay as to promote political stability, leaders’ accountability, and transparency among Nauru’s political institutions.

The election afforded President Marcus Stephen two additional MPs who support the ruling government.

For more information, please see:
Pacific Magazine –- Nauru Elections ‘Credible’ Says Forum –- 22 May 2008

Radio New Zealand International — Nauru Government ticked off by monitors over election under state of emergency — 22 May 2008


SAIPAN, Northern Marianas Islands — Shared Hope International has chosen the Northern Marianas Islands (CNMI) as one of ten U.S. locations to be part of a study funded by the U.S. Department of Justice.

CNMI was selected in part because local authorities are committed to combating the increase in human trafficking. One report stated that incidents of underage human trafficking went up almost fifty percent in 2007. The average age of children entering prostitution is 12.

In addition, CNMI is one of only 10 other U.S. communities to have formed a Human Trafficking Task force. The Justice Department praised CNMI for its willingness to devote energy and resources to the study. CNMI Attorney General, Matthew Gregory, stated, “The CNMI was chosen as a site to review by Shared Hope International not because of an inordinate number of cases in our jurisdiction, but because of the progressive approach the CNMI has taken to identify trafficking, combat its occurrence, and investigate and prosecute wrongdoers.”

Shared Hope International hopes to identify what additional resources local law enforcement requires to combat the human rights issue.

For more information, please see:
Saipan Tribune — CNMI takes lead against human trafficking –- 23 May 2008

Saipan Tribune — Human trafficking in CNMI up almost 50 percent –- 22 May 2008

HONIARA, Solomon Islands -– Outgoing Central Bank Governor, Rick Hou, announced today that politician’s “unproductive” use of funds in the Solomon Islands ultimately may be causing greater harm than benefit.

Hou explains that since the Solomon Island’s independence in 1978, donations have not only increased but diversified. Politicians have taken advantage of the relative ease with which funds from donors can be obtained.

“Easy money options in this country are creating the disease I call ‘Donor Dependency Syndrome’ where the country, its institutions and citizens become paralyzed to normal hard work and shy away from being agents of real economic activity,” Hou said. Rather than promoting political stability and honest policies, the increasing reliance on outside donors has popularized pyramid and other get rich quick schemes.

While Hou criticizes funds stemming from “unproductive channels,” Human Rights organizations have targeted the Solomon Islands as a place in need of aid. Only two months ago, the Australian government announced it would donate over 1.2 million (AUD) to promote Human Rights in the Asia-Pacific region. The funding was intended to promote good governance, and just practices.

Specifically, AUD45,000 was donated to assist the Solomon Islands in addressing the Commercial Sexual Exploitation of Children (CSEC). Recently, reports surfaced from UNICEF, UNESCAP, ECPAT, and the Christian Care Centre which analyzed the practice of exploiting children in the Solomon Island.

For more information, please see:
Solomon Times — Unproductive Use of Aid Results in Donor Dependency: Hou –- 22 May 2008

Solomon Times — Australia Promotes Human Rights in Solomon Islands –- 19 March 2008

Turkey Faces Hate Crimes; Bahrain Elected to UN Human Rights Council; Saudi Court Drops Abuse Charges

by Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

NEW YORK CITY, United States – On May 22, Human Rights Watch released a report documenting systematic discrimination and harassment of lesbian, gay, bisexual, and transgender people in Turkey.  The report called on the Turkish government for a change in law and policy to offer greater protection to LGBT people. It also called on the European Union to make Turkey’s membership aspirations contingent on ending abuses relating to gender and sexuality..

“Democracy means defending all people’s basic rights against the dictatorship of custom and the tyranny of hate,” said Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch. “Where lives are at stake, Turkey needs to take concrete action and pass comprehensive legislation to protect them.”

The report includes over 70 interviews and documents how gay men and transgender people face beatings, robberies, police harassment, and the threat of murder.  It also documents how lesbian and bisexual women confront physical and psychological violence within their own families.

For more information, please see:

BBC – Facing Hate Crime in Turkey – 23 May 2008

Human Rights Watch – Turkey: Homophobic Violence Points to Rights Crisis – 22 May 2008

NEW YORK CITY, United States – On May 22, the United Nations General Assembly elected fifteen member states to the Human Rights Council for three year terms.  Bahrain was one of six states contesting four Asian seats.  In the vote, Bahrain followed Japan, but was ahead of South Korea and Pakistan; Sri Lanka and East Timor failed to secure enough votes.

In a written statement, Sheikh Khalifa bin Salman, Bahrain’s prime minister, said, “The achievement is an honest international recognition of the good human rights situation in the kingdom and comes to crown the government’s successful policies to protect human rights.”

However, several rights groups described Bahrain as “not qualified” to sit on the Human Rights Council. For example, Paula Schriefer, the director of advocacy for Freedom House, said,  “Bahrain does not have any right to be on the Human Rights Council… It organizes crackdowns on its political opposition, it remains a monarchy, it has arrested many activists that remain in prison and we have reports of torture of those people.”

For more information, please see:

Gulf Daily News – Societies Hail New Rights Role – 23 May 2008

The National – Bahrain Celebrates UN Post – 22 May 2008

United Press International – 15 Elected to U.N. Human Rights Council – 22 May 23, 2008

RIYADH, Saudi Arabia – A High Court judge reviewed the case of Nour Miyati, an Indonesian maid whose toes and fingers were amputated following alleged abuse by her sponsor and his wife.  In a previous ruling all abuse charges against Miyati’s male employer were dropped.  The female employer confessed to abuse and was sentenced to 35 lashes.  Reviewing a previous ruling, the judge dropped charges against the wife of Miyati’s sponsor and overturned the female employer’s 35 lash sentence.

Miyati told Human Rights Watch that her employers “withheld her passport, knocked out a tooth and caused damage to one of her eyes.”  Miyati received treatment in a Riyadh hospital in March 2005 for “gangrene, malnourishment and other injuries” and that delays in treatment resulted in her losing her toes and fingers.

The court ruling granted Miyati 2,500 riyals as compensation, or approximately US$670, a small fraction of what such injuries would normally garner in Saudi Arabia.  “The meagre compensation of 2,500 riyals is a slap in the face… showing that a foreign domestic worker’s life and limb is not valued on the equal basis of a Saudi,” said Nisha Varia, senior researcher in the Women’s Rights Division of Human Rights Watch.

“Instead of instilling confidence among migrant workers that they can seek redress through the Saudi justice system, this decision shows that even a case involving egregious abuse, ample evidence, and intense public scrutiny has not been given fair treatment.”

For more information, please see:

AFP – HRW Slams Saudi Ruling over Abused Indonesian Maid – 22 May 2008

Human Rights Watch – Saudi Arabia: Nour Miyati Denied Justice for Torture – 21 May 2008

The MEMRI Blog – Abused Indonesian Maid Gets Paltry Compensation – 21 May 2008

PINA Says it Will Stay in Fiji; Commonwealth Votes to Continue to Exclude Fiji; Death Threats to Australian Diplomat in Fiji Cause Tension

By Ryan L. Maness

Impunity Watch Senior Desk Officer, Oceania

HONIARA, Solomon Islands — The president of the Media Association of Solomon Islands and publisher of  publisher of the Solomon Islands Star, John Lamani, has called for the Pacific Islands News Association to relocate to the Solomon Islands’ capital of Honiara.  Lamani, who spoke during a World Press Freedom Day celebration in Honiara, said that the relocation is necessary in light of the interim government’s track record of media intimidation.

Lamani said that PINA will be unable to fulfill its role of fighting for media freedom if it remains in Fiji.  Radio New Zealand International reports that Lamani also said that the Solomon Islands would be an ideal location for the media watchdog because the Solomon Islands cherish the fundamental human right to freedom of expression.

The head of PANI, Joseph Ealedona, however, said that it is more vital now than ever that PANI remain in Fiji.  He said that it is incredibly important that PANI engage in the interim government in a dialogue.  “You have to justify where is freedom of media, what is freedom of media, and for us, PINA, right now, freedom of media is definitely being threatened in Fiji. So therefore we must stay there, we won’t be seen to be running away from where the threats are coming from.”

For more information, please see:
Fiji Times — Relocate media outlets: Lamani — 13 May 2008

Radio New Zealand International — PINA says it’s important to remain in Fiji — 12 May 2008

Radio New Zealand International — Regional news organization vows to stay in Fiji — 12 May 2008

The Age — PINA urged to quit Fiji for Solomon Is. — 12 May 2008

Radio New Zealand International — Calls for Pina and Pacnews to move from Fiji — 11 May 2008

LONDON, UK — The  Commonwealth Ministerial Action Group has decided to continue to exclude Fiji from the councils of its organization.  The CMAG, which met on 12 May to consider the readmission of Fiji and Pakistan, declared that they had “grave concerns” that Fiji would not live up to its commitments to return free and fair elections to Fiji within the year.

The Commonwealth, a 53 member nation organization, originally decided to suspend Fiji in the wake of the December 2006 coup.

The Commonwealth Secretary-General, Kamalesh Sharma, explained the CMAG’s rationale, “The group continued to be concerned at reports which indicated the independence of the judiciary, and freedom of the media, were being seriously compromised, including the deportation of media personnel in contravention of court orders, and the continued militarisation of key Fiji institutions. It also expressed concern at reports of continued human rights abuses.”  However, Winston Peters, New Zealand’s Foreign Minister and Ministerial Action Group Member, said that Fiji could still come around.  “The group continued to be concerned at reports which indicated the independence of the judiciary, and freedom of the media, were being seriously compromised, including the deportation of media personnel in contravention of court orders, and the continued militarisation of key Fiji institutions,” said Peters, “It also expressed concern at reports of continued human rights abuses.”

The interim Prime Minister criticized the CMAG’s position, saying that the international community does not understand the difficulties of holding elections in Fiji and has not given the country sufficient credit for the gains that have been made.  According to Bainimarama, the interim government is commited to restoring democracy to Fiji and continues to foster a culture of dialogue and consensus building in order to find a way forward to Fiji.  Bainimarama said that Fiji has demonstrated its commitment with the Fiji/Forum Joint Working Group along with the efforts of the National Council for Building a Better Fiji.

For more information, please see:
Matangi — Commonwealth calls on Fiji to expedite election process — 15 May 2008

Pacific Magazine — Fiji PM Rebuffs Common Wealth Criticism — 14 May 2008

TradingMarkets.com — Fiji unhappy with CMAG decision — 13 May 2008

Radio New Zealand International — Commonwealth decision lacks understanding, says Fiji regime — 13 May 2008

Radio New Zealand International — Fiji remains suspended from Commonwealth Council — 12 May 2008

Radio New Zealand International — Commonwealth Ministerial Action Group has many concerns over Fiji — 12 May 2008

SUVA, Fiji — In the last month, Australia’s High Commissioner in Fiji, James Batley, has received two death threats.  The most recent threat, which Australian Foreign Minister Stephen Smith has described as “vile and repugnant”, came last Thursday.

In response to these threats, Batley requested that the interim government allocate two unarmed Australian police to the High Commission to increase security.  The interim government denied this request, saying that it was Fiji’s responsibility to maintain the security of the High Commission.

Smith said that he was very disappointed that Fiji had not approved that allocation of Australian Federal Police personnel to the High Commission, but officers of the Fijian government insist that they continue to take the death threats seriously.  Fiji’s Foreign Minister Ratu Epeli Nailatikausaid that the High Commission is in Suva and that the Australians had requested extra security, but that Fijian police were already providing that.  He also said that an active investigation of the death threats was underway because threats against foreign diplomats are a very serious matter and will not be tolerated.

The interim government’s reassurances will likely come as cold comfort to the Australian government, as Australian authorities have claimed that the military is responsible for the death threats.  Due to the increased threat to their diplomatic personnel, the Australian government is offering to foot the costs and allow personnel at the Australian High Commission to return to Australia.

Nailatikausaid responded, saying that there is no reason for Australian diplomats to leave.  He also said that the accusation that the Fijian military was responsible for the threats was “preposterous and unsubstantiated.”

For more information, please see:
Fiji Times — Offer for family evacuation — 21 May 2008

The Age — ‘Vile’ death threats against Aussia diplomat — 20 May 2008

Fiji Times — Regime stand upsets Australia — 20 May 2008

News.com.au — Don’t leave, Fiji tells Australians — 20 May 2008

Radio New Zealand International — Australia offers to fly families of High Commission staff out of Fiji following threats — 20 May 2008

Radio New Zealand International — Fiji death threats vile, says Australian Foreign Minister — 20 May 2008

ABC News — Fiji blocks police guard for death-threat Commissioner — 19 May 2008

Fiji Times — Batley wanted unarmed officers: Spokesman — 19 May 2008

Radio New Zealand International — Fiji military behind death threats against Australian diplomat, says paper — 19 May 2008

Radio New Zealand International — Fiji administration says it is responsible for security at foreign embassies — 18 May 2008