Malaysians Denied a Fair Vote

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

PENANG, Malaysia – Ahead of general elections for the national parliament on March 8th, the ruling Barisan National party has taken steps to deny Malaysians a fair vote. Human Rights Watch as called the elections “grossly unfair to the opposition.” To retain their majority, the Barisan National party has restricted free expression, controlled media outlets, and encouraged irregularities in the electoral process.

The Barisan National party is attempting to retain their majority in the national parliament because their two-thirds majority allows them to amend the constitution at will. Opposition parties currently hold only 9.6 percent of the vote.

Opposition parties have attempted to hold rallies, but police have refused to issue the proper permits that are required for gatherings of more than four people. However, Prime Minister Abdullah Ahman Badawi on March 1 was able to hold a rally of 20,000 supporters without incident.

Media outlets have also been severely restrained. An election observer inMalaysia reported to Human Rights Watch that there had been no presence in the media by the opposition party. In addition, all private-to-air channels are owned by the United Malays National Organization [UMNO]. UMNO is a founding member of the ruling coalition and Malaysia’s largest political party.

Irregularities in the electoral process have sparked concerns that the Barisan National party will attempt to manipulate the elections. Voter registrations have been transferred in mass to other districts, changes of address had not been reflected in assigned polling stations, and deceased voters are still enrolled to vote.

In addition, plans to end the introduction of indelible ink during voting on Saturday suggested another possible manner to manipulate voting. The indelible ink would have prevented phantom voting and multiple voting.

In recent months, there have been several outbreaks of protest and violence as a result of ethnic tensions. (please see: Ethnic Indians Protest Discrimination). Because of the increasing calls for change, Prime Minister Abdullah Ahman Badawi called for early elections. (please see: Brief: Malaysian Parliament Dissolved to Call Early Elections).

For more information, please see:

Human Rights Watch – Malaysia: Citizens Denied a Fair Vote – 5 March 2008

IPS – POLITICS-MALAYSIA: Plans Afoot to Rig Polls Say Opposition Parties – 5 March 2008

Taipei Times – Malaysians Will be Denied a Fair Vote: Activists – 6 March 2008

BRIEF: Qarase Suit Challenges Legality of Bainimarama’s Gov’t

SUVA, Fiji – Former Prime Minister Laisenia Qarase brought suit on Wednesday challenging the legality of the December 2006 takeover.  Commodore Voreqe Bainimarama maintains that his coup was necessary to remedy the failure of government, community, and religious leaders to deliver what the populace needs.  Nye Perram, QC, said in his opening statement that Qarase is still the prime minister of Fiji and that the takeover was not allowable under the Fijian constitution.

Perram said, “We are saying that Qarase was still Prime Minister and it was not constitutionally possible for the President to appoint the Commodore as interim Prime Minister. […] What has happened is simply not expressed in the Constitution.”

Lawyers for the state have indicated that they do not intend to call any witnesses.  They have also filed submissions regarding the accessibility of certain documents relevant to the case, namely Cabinet minutes, presidential advice, and discussions between senior state officials.  The issue of executive privilege has been raised.

President Ratu Josefa Iloilo’s official secretary, Rupeni Nacewa, was deposed on Friday with Iloilo’s permission.  The court will determine whether those affidavits will be admitted when it resumes on Tuesday.

For more information, please see:

Fiji Times – Bainimarama tells why – 05 March 2008

Fiji Times – Lawyer: Qarase still PM – 06 March 2008

Fiji Village – Qarase is Still the PM – SDL Lawyer – 06 March 2008

Radio Fiji – People have a right to know coup events: lawyer – 07 March 2008

Radio Fiji – No State witnesses in Qarase case – 07 March 2008

Fiji Times – Details in affidavit, court hears – 08 March 2008

Notorious Arms Dealer Arrested

By Myriam Clerge
Impunity Watch Senior Article Editor

NEW YORK, US – Through the joint effort of law enforcement agencies in at least five countries, Russian arms dealer Viktor Bout and his associate, Andrew Smulian, were arrested today. Bout, a former Soviet air force officer, has the largest private fleet of cargo aircraft in the world, most of which were acquired after the break-up of the Soviet Union. Although some of his work was legitimate, officials claim that for years Bout and Smulian delivered weapons and ammunitions to warlords and militants throughout the world. The two made millions of dollars in arm trafficking to Columbian rebels, al Qaeda, and the Taliban during their reign in Afghanistan. The US government claims Bout made profits of $50 million in Afghanistan alone.

Intelligence officials also allege that Bout sold arms to countries in Africa engaged in civil war in exchange for diamonds. The complaint alleges that Bout and Smulian were paid by West African fighters with blood diamonds.

Former Liberian President Charles Taylor, notorious for his war crimes and child soldier “recruitment program”, is also among the list of buyers from Bout and Smulian dealings. Taylor is presently being tried by the Special Court for Sierra Leone for war crimes.

In 2003 the US Department of State designated the pair as a foreign terrorist organization and one of the most wanted arm traffickers.

Bout and Smulian were arrested in Thailand after two undercover agents from the US Drug and Enforcement Admistration posed as Columbian rebels to purchase millions of dollars worth of weapons. The pair has been charged with conspiracy to provide “material support and resources” to a terrorist group. Each faces a maximum sentence of 15 years in prison. The US plans to extradite Bout from Thailand.

Bout denies all allegations of involvement with blood diamonds from Africa and arms dealing to al Qaeda or the Taliban.

For more information please see:

CNN – ‘Most-wanted’ Arms Dealer Arrested in Thailand – 6 March 2008

UK Aid Groups: Humanitarian Crisis in Gaza

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

LONDON, United Kingdom – On March 6, a coalition of eight UK humanitarian and human rights groups released a report detailing the humanitarian crisis in Gaza.   Amnesty International Oxfam, CARE International UK, and other groups prepared the report, titled “The Gaza Strip: A Humanitarian Implosion.”  The groups claimed that the humanitarian situation in Gaza is the worst since 1967, when the Israel occupation began.

The report criticizes Israel’s blockade as collective punishment and therefore illegal under international law.  Also, it states that the recent blockade has resulted in higher rates of poverty, unemployment, and threatens Gaza’s internal infrastructure.

According to the report, over 80 percent of 1.5 million Gaza residents rely on humanitarian aid and nearly 1.1 million are dependent on food aid.  In addition, nearly 40 percent of Gazans are unemployed and by the end of the year, unemployment will reach 50 percent.  In the past six months 3,500 of the 3,900 factories in Gaza have closed, which resulted in the loss of 75,000 of the 110,000 jobs in the private sector.

The increase in poverty and unemployment are just two problems highlighted in the  report.  Other concerns include: hospital power outages; inability to deliver humanitarian aid, including cooking fuel and food; failing water and sewage treatment systems; failing schools; and restriction of movement.

While the report recognizes that “Israel has the right and obligation to protect its citizens,” it claims that Israel’s blockade has been ineffective in securing its country and imposes collective punishment on the 1.5 million Palestinians who live in Gaza.  Amnesty UK Director Kate Allen stated that “punishing the entire Gazan population by denying them these basic human rights is utterly indefensible.”

Also, the groups argue that the Israeli blockade and the international embargo against Gaza is detrimental to the peace process.  The report quotes Karen Konig Abu Zayd, the head of the UN Relief Works Agency, as saying that “hungry, unhealthy, angry communities do not make good partners for peace.”

The Chief Executive of CARE International UK, Geoffrey Dennis, said “unless the blockade ends now, it will be impossible to pull Gaza back from the brink of this disaster and any hopes for peace in the region will be dashed.”

In addition, the report urges “UK government and EU to abandon the failing policy of non-engagement and begin political dialogue with all Palestinian parties,” including Hamas.  Daleep Mukarji of Chistian Aid stated that “Gaza cannot become a partner for peace unless Israel, Fatah and the Quartet engage with Hamas and give the people of Gaza a future.”

Israel’s Foreign Ministry responded to the report by saying that it was misdirected.  Instead of placing the blame on Israel, Major Peter Lerner, an Israeli spokesman, stated that “the main responsibility for events in Gaza… is the Hamas organization, to which all complaints should be addressed.”

Ha’aretz reports that NGO Monitor, a Jerusalem-based watchdog, “called on human rights groups to end what it called their political use of international law.”  NGO Monitor claims that an Amnesty press release made “unsubstantiated accusations” that the Israeli military acted “with reckless disregard for civilian life.”

Gerald Steinberg, the Executive Director of NGO Monitor, said: “NGOs and human rights groups must end their irresponsible and immoral use of legal rhetoric.  False claims of disproportionate force and collective punishment by Amnesty International and Human Rights Watch make a mockery of international law.”

For the report, please see:
The Gaza Strip: A Humanitarian Implosion

For more information, please see:
BBC – Gaza Situation “Worst Since 1967” – 6 March 2008

The Daily Star – British Aid Groups Sound Alarm for Gaza, Urge Engagement with Hamas – 6 March 2008

The Guardian – Sanctions Causing Gaza to Implode, Say Rights Groups – 6 March 2008

Ha’aretz – Rights Groups: Gaza Humanitarian Situation Worst Since 1967 – 6 March 2008

Telegraph – Human Crisis in Gaza “is Worst for 40 Years” – 6 March 2008

Yedioth – Amnesty: Situation in Gaza Worst Since 1967 – 6 March 2008

BRIEF: Gunman Kills Seminary Students in Jerusalem

JERUSALEM, Israel – On March 6, a gunman infiltrated the Mercaz Harav yeshiva, a Jewish seminary, in Western Jerusalem and opened fire.  A witness stated that he heard both single and automatic gunfire, which lasted for about ten minutes.  Eli Dein, the director of Israel’s rescue service, said “there are at least seven killed and 10 people wounded.”  Paramedics said that some of them are in serious-to-critical condition.

Yitzhak Dadon, a student, stated that he waited on the roof of a nearby building and was armed with a rifle.  Dadon said that the gunman “came out of the library spraying automatic fire” and when “the terrorist came to the entrance and I shot him twice in the head.”

Initially there was some confusion surrounding the facts of the incident.  Jerusalem police commander Aharon Franco corrected initial reports claiming that there were two gunmen.  Shmuel Ben Ruby, a police spokesman, stated that it appeared that the gunman was wearing an explosives vest.  However, the vest was a belt was holding extra ammunition.

Yedioth News reports that the Galilee Freedom Brigades, an Israeli-Arab group, claimed responsibility for the attack.  Israeli media reports that the gunman was a resident of East Jerusalem.

In addition, after hearing news of the attack, Gazan residents fired rifles in celebration.  Sami Abu Zuhri, a Hamas official, called the operation “heroic” and stated that it was “a natural reaction to the Zionist massacre.”


For more information, please see:
The Associated Press – Jerusalem Seminary Attacked, 7 Dead – 6 March 2008

BBC – Gunmen Kill Eight at Israel School – 6 March 2008

Reuters – Palestinian Gunmen Kill 8 in Jerusalem Jewish School – 6 March 2008

Yedioth News – 8 Killed in Jerusalem Terror Attack – 6 March 2008