Fuel Rationed in Nepal During Ongoing Protests and Political Strife With India

By Christine Khamis

Impunity Watch Reporter, Asia

 

KATHMANDU, Nepal –

Nepal began rationing fuel on Monday due to concerns about an impending fuel shortage. A fuel shortage appears likely due to disruption at checkpoints on the Nepal-India border caused by ongoing protests over Nepal’s new constitution. India, from which Nepal imports all of its fuel, has decreased its export of petroleum into Nepal.

State-owned oil company Nepal Oil Corporation, which handles all imports and sales of petroleum in Nepal, has requested that consumers curtail their petroleum usage and only use petroleum when absolutely necessary. The company has also started to ration all fuel and has set guidelines for fixed fuel quotas for different types of vehicles. A spokesman for Nepal Oil Corporation, Deepak Baral, has stated that Nepal will run out of fuel within the next 10 days.

People in Kathmandu wait in line to fill vehicles with petrol. (Photo courtesy of Time)

Border checkpoint officials in Nepal state that Indian custom officials have prevented trucks carrying petroleum from entering Nepal for several days. Protestors have been staging sit-ins at border checkpoints. A spokesman for the Indian Embassy in Kathmandu, Abhay Kumar, has stated that truck drivers are afraid to enter Nepal due to security concerns.

Nepalese officials accuse India of imposing an economic blockade because of India’s disagreement with Nepal’s ratification of its new constitution. Vikas Swarup, the spokesman for India’s Foreign Ministry, denies that there is any type of blockade. A statement on the Foreign Ministry’s website on September 25 said that “the reported obstructions are due to unrest, protests, and demonstrations on the Nepalese side, by sections of their population.”

On September 20, Nepal instituted a new constitution which has been the source of mass protests. The protests have resulted in over 40 deaths so far. India criticized Nepal’s leadership for enacting the new constitution despite the ongoing protests. Nepal did not address India’s concerns regarding the new constitution.

The new constitution was meant to promote unity and stability in Nepal, but the redistricting of Nepal into seven separate provinces has angered many. Nepal’s ethnic minority groups, the Tharus and Madhesi, believe that they will receive unequal rights and unequal government representation under the new constitution.

Nepal was ravaged by earthquakes earlier this year, and land supply routes to China, another of Nepal’s trade partners, were destroyed. Consequently, Nepal has been increasingly dependent on India for imported goods since the earthquakes.

 

For more information, please see:

Time – Nepal Rations Fuel Amid Worsening Political Crisis and Alleged Indian Blockade – 29 September 29, 2015

Wall Street Journal – Nepal Rations Fuel Amid Concerns of Shortage – 29 September 2015

The Himalayan Times – Nepal Oil Corporation Enforces Rationing of Fuel – 27 September 2015

New York Times – Nepal Rations Fuel as Political Crisis With India Worsens – 28 September 2015

Reuters – Update 1: Nepal Considers Fuel Rationing as Protestors Block Trucks – 26 September 2015

United Nations Human Rights Council – 30thSession: Human Rights Groups Disappointed with International Response to Sudan Conflict

October 2, 2015

Voices for Sudan, International Justice Project, andDarfur Relief and Documentation Centre express their deep concern and disappointment over the outcome of this year’s discussion and, ultimately, today’s passage of an unsatisfactory resolution on Sudan delivered by Algeria on behalf of the Group of African States under Agenda Item 10 at the 30th Session of the United Nations (UN) Human Rights Council.  President of Voices for Sudan, Jimmy Mulla, states, “The human rights situation in Sudan continues to deteriorate while impunity is the norm. Such a situation cannot be adequately addressed under Item Ten, as was decided today. Sudan should be returned to Agenda Item Four, where it can be properly monitored and assessed.”

The Human Rights Council is an inter-governmental body comprised of 47 Member States with a mandate to promote and protect human rights. This year’s three-week meeting took place in Geneva from September 14 – October 2, 2015, and examined a host of allegations of serious human rights abuses occurring around the world, not least of which included the horrific situation in the Sudan, particularly in Darfur, Blue Nile, and South Kordofan.

The Independent Expert for the Sudan, Mr. Aristide Nononsi, highlighted many of these abuses through his written and oral report to the Council on Tuesday, September 29, 2015, including the “fatal shootings, injuries and destruction of property” during the oil-subsidy demonstrations in September 2013 and the raids and shut-down of civil society organizations in the beginning of this year. Yet, noticeably missing from the report is the mass rapes and violence perpetrated in Tabit, North Darfur, in October 2014.  The incident, as documented by Human Rights Watch, was only mentioned during oral responses by the United States and United Kingdom, who expressed regret that no independent report was conducted.

Responses from delegations, such as the US, EU, UK, Switzerland, Australia, and New Zealand confirmed the majority of concerns expressed, and even stressed the importance of assessing and reporting human rights violations in the country, as Mr. Nononsi declared – despite protests from the Government of Sudan – as part of his mandate. Yet, in spite of the Independent Expert’s report verifying many of the abuses documented by the UN and civil society groups leading up to this year’s Council, he laments that, “Despite some progress made in the legislative reform, some remaining challenges severely impede any significant improvement in the overall situation of human rights […] recommendations made by the previous mandate holder remain largely unimplemented”. However, with today’s decision to keep Sudan under Agenda Item Ten for “Technical assistance and capacity-building”,  it is hard to imagine that the situation will improve in the coming twelve months before the Independent Expert’s next report.

As civil society closely monitoring the situation on the ground and tirelessly advocating for Sudan to be placed back on the agenda, we were hopeful that Sudan would be returned to Item Four as a “human rights situation that requires the Council’s attention”. Even the High Commissioner for Human Rights himself singled out Sudan and South Sudan for hosting serious human rights violations. Given the positive responses from many delegations and officials leading up to – and even during – the Council, we and others believed that even if Sudan was not returned to Agenda Item Four, the Resolution would at minimum contain language that more accurately reflected the grim reality on the ground.  With an estimated 1.4 million people from the Nuba Mountains region of Southern Kordofan internally displaced within Sudan and over half a million newly displaced in Darfur in 2014 alone, it is clear that  mere “technical and capacity-building” assistance is simply not enough.

Abdalmageed Haroun of Voices for Sudan states that “the outcome of this year’s Council has a very real and negative impact on human rights on the ground in my country. The Rapid Support Forces (RSF) continues its campaign of massive attacks on the villages and civilians. For any chance of change, this will require close monitoring.” Haroun continues, “I am deeply concerned about the human rights defenders in Sudan, who have been arrested and tortured by the National Intelligence and Security Service (NISS), and for average civilians being killed daily. The attacks are the policy of the government. Words are not sufficient, serious action by the Council is needed in Sudan.”

Monica Feltz of  International Justice Project states, “This year marks ten years since the UN Security Council referred the Darfur situation to the ICC, yet the bloodshed not only continues, but indeed, has intensified. With the ICC Office of the Prosecutor’s December 2014 announcement to ‘hibernate’ the Darfur cases, and the horrifying accounts of mass rapes in Tabit and increasing bombings and displacement throughout Darfur, Blue Nile, and South Kordofan, civil society was really counting on the Council to step up and take a strong stance against impunity in Sudan.” She continues, “In my discussions with many Sudanese gathered here this week, it is clear they feel let down by the international community once again.”

In the end, the result of this year’s Council serves as a painful reminder that the priority of many African Union and Arab League states to protect one another comes at the expense of justice and accountability for countless victims within Sudan and throughout Africa. The numbers of dead and displaced continue to increase throughout the country, while the Government of Sudan’s alliances grow stronger. A frightening message is also being sent that using genocide and crimes against humanity as policies in a ruler’s toolkit is simply par for the course.

Yet, the fight for justice and peace in Sudan must go on. It is critical that Sudan-focused civil society groups continue to work together and advocate against violent and oppressive regimes in order to fulfill the Council’s mandate to promote and protect human rights and victims that are too often forgotten.

For more information, please contact Jimmy Mulla of Voices for Sudan at jmulla@voicesforsudan.orgor Monica Feltz of International Justice Project atmfeltz@internationaljusticeproject.com. Arabic & French translations to come.

1400 16th Street N.W # 430, Washington, DC 20036.

ICTJ | In Focus: Paper Highlights Progress and Challenges So Far in Tunisia’s Transition

In Focus

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ICTJ Paper Highlights Progress and Challenges So Far in Tunisia’s TransitionICTJ Paper Highlights Progress and Challenges So Far in Tunisia’s TransitionTunisia continues to take steps to fulfill its commitments under its ground-breaking Transitional Justice Law and realize the goals of the 2011 revolution. But a rocky start to the country’s new truth commission and proposed reconciliation-cum-amnesty legislation could undermine these efforts, according to a new paper by ICTJ.Read More…

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Following Colombia’s Agreement on Criminal Accountability, ICTJ Pledges Continued Support for the Hard Work AheadFollowing Colombia’s Agreement on Criminal Accountability, ICTJ Pledges Continued Support for the Hard Work AheadThe International Center for Transitional Justice welcomes the recent agreement between the Government of Colombia and the Revolutionary Armed Forces of Colombia to create a special criminal jurisdiction as part of an integrated system of truth, justice, reparations and guarantees of non-recurrence.Read More…

State Repression and Polarized Politics Thwart Hopes for Justice in EgyptState Repression and Polarized Politics Thwart Hopes for Justice in EgyptAfter toppling Hosni Mubarak’s dictatorship in February 2011, Egyptians were eager for a reckoning with past injustices. But after years of political turmoil, the possibility of a genuine transitional justice process in Egypt is uncertain. We turned to three leading Egyptian activists to examine if there really is a chance for justice and reform in Egypt in the near future.Read More…

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Tunisia in Transition: One Year After the Creation of the Truth and Dignity CommissionThis briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

Squaring Colombia’s Circle: The Objectives of Punishment and the Pursuit of PeaceThis paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace process, transforming the FARC from an insurgent group into a political actor.

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New Zealand Criticizes Australian Deportation Laws; Hundreds Face Deportation

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

SYDNEY, Australia — New Zealand has criticized Australia for detaining and deporting hundreds of New Zealanders under tough new immigration laws, saying the new laws were undermining the historically close ties between the two neighbors. The laws, introduced last year, mean any non-Australian criminal imprisoned for a year or more can have their permit to live in Australia revoked.

New Zealand Prime Minister John Key. (Photo Courtesy of BBC News)

Since December, anyone who isn’t an Australian citizen and who has served a sentence of 12 months or more can be deported.

Following revelations that about 300 New Zealanders had been detained in Australia and faced deportation, John Key, the New Zealand Prime Minister, accused the Australian government of picking and choosing which citizens it kept.

“There’s people that have often spent their entire lives now in Australia, they went over there when they were very, very, young,” he told Radio New Zealand. “It’s a bit little bit like the Australians saying, ‘well, we’re going to pick and choose, we’re going to keep the ones we like but we’re going to send back the ones we don’t like’.”

About 200 New Zealanders are currently believed to be in detention, including some on a remote offshore center on Christmas Island, following Australia’s decision to allow deportations of all foreign citizens who have served a prison sentence of 12 months or more. About 100 New Zealanders have already been deported from Australia’s jurisdiction.

New Zealand officials can deport foreign citizens who commit crimes but the powers have been used sparingly. About 14 Australians have reportedly been deported in the past four years.

The region has recently come under scrutiny by the international community following multiple reports from distressed New Zealanders over their impending deportation.

Two weeks ago, Junior Togatuki, a 23-year-old New Zealander, took his own life after being detained in a high-security center while awaiting deportation. He had left New Zealand at age four and served a sentence for robbery and assault.

New Zealand last week deported a man from the tiny Pacific island nation of Kiribati who launched a failed bid to become the world’s first climate change refugee. Ioane Teitiota failed to persuade a court in New Zealand that he should be allowed to stay because rising seas around Kiribati threatened him and his family.

Another imminent deportee, Ricardo Young, 29, has lived in Australia since he was four and his partner and daughter live in Sydney. He is currently on Christmas Island awaiting deportation after serving a two-year prison sentence for aggravated robbery and assault.

Responding to New Zealand’s accusations, Australian Foreign Minister Julie Bishop said Malcolm Turnbull, Australia’s new prime minister, would meet with Mr. Key to try to resolve the dispute.

For more information, please see:

ABC Online — New Zealand raises deportation of its citizens with Australian Government – 30 September 2015

BBC News — Australia deportation laws criticised by NZ prime minister – 30 September 2015

The Telegraph — New Zealand condemns Australia for mass deportation of Kiwis – 30 September 2015

SKY News — Thousands of Kiwis could be deported – 29 September 2015

Peru Declares State of Emergency Following Protests

By Kaitlyn Degnan
Impunity Watch Reporter, South America

LIMA, Peru — Four people have died following clashes with police during protests in Apurímac, in the Cotabambas province in southern Peru. Another fifty protesters and police officers were injured, and about twenty-one protesters were arrested.

Protesters at the Las Bambas copper mining project in Peru. (Photo courtesy of the BBC).

The demonstrations were against the Chinese-backed mining project at Las Bambas, owned by China’s MMG Ltd. The copper mine will be Peru’s largest, and is scheduled to begin production in May or June of 2016.

The communities in the area initially supported the Las Bambas project, but attitudes changed after an adjustment to the environmental impact assessment was made without consulting area residents. There are concerns that the mine could contaminate water sources and that the project isn’t creating enough jobs for residents.

The demonstrations, which began last Friday, escalated on Monday once protesters began gathering on mine owned land near Challhuahuacho. The official and alleged eyewitness accounts of what happened differ.

Peruvian authorities reported that police used non-lethal weapons until they were attacked by protesters breaking into Las Bambas property. Others have claimed that police began shooting live bullets as soon as the protesters tried to enter the property.

The state of emergency allows for a suspension of constitutional rights, including freedom of assembly and movement. Police will be allowed to search homes without a warrant.

Protesters have agreed to a 24 hour truce in the hopes of holding talks with the government.

Protests in Peru over mining projects have increased in recent years, with frequent escalation. Demonstrations against the Tia Maria copper mine back in May turned deadly and prompted a sixty day state of emergency.

The Observatory of Mining Conflicts in Peru reports more than 200 active social conflicts.

Peru is ranked third in the world for copper exports, representing about one tenth of the country’s economic output and 58% of its exports.

For more information, please see:

Argentina Independent – Peru: State of Emergency After Four Killed in Anti-Mining Protests – 30 September 2015

BBC – Peru declares state of emergency in mining region – 30 September 2015

Buenos Aires Herald – Four killed in anti-mining protests in Peru – 30 September 2015

LA Times – Peru protesters lift blockade at China-funded mine in hopes of talks – 30 September 2015

Latin America News Dispatch – Peru Declares State of Emergency Over Anti-Mining Protest Deaths – 30 September 2015