Maori Pledge Defeated in New Zealand Parliament

By Mark O’Brien
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand — New Zealand lawmakers this week voted down a bill to add a pledge to uphold the Treaty of Waitangi when new members of parliament swear the oath of allegiance.

New Zealand’s Parliament defeated a bill by MP Te Ururoa Flavell to allow anyone taking a statutory oath to also pledge to uphold the Treaty of Waitangi. (Photo Courtesy of The New Zealand Herald)

The bill from the Maori Party was defeated in a 69 to 52 vote Wednesday, but even before the vote, political observers expected the measure to fail.  The New Zealand First party had said the bill was unsupportable because it was a “separatist” proposal, and the National Party had called the bill “unnecessary.”

“It seems like a simple idea, but it’s much broader than that,” said National MP Louise Upston.  “It’s about the position of the treaty in our constitution.”

Some opponents worried the inclusion of the pledge would require all new members of parliament to swear to the pledge.  Others said this would be an issue to consider later down the road.

“There is an appropriate place for a conversation about national identity, and that is the constitutional review that we are holding,” Upston said.

But Maori MP Te Ururoa Flavell, who drafted the bill, said critics’ concerns were unfounded.

“There’s no compulsion [for every member of parliament to take the oath],” Flavell said.  “It’s entirely up to each individual, and it’s about giving a choice to honor the treaty.”

The Treaty of Waitangi was signed by the British government and more than 500 Maori chiefs in 1840.  It gave British monarchs the right to rule over New Zealand, but allowed Maori chiefs to keep their land and chieftainships, as well as gave Maori the same rights as British citizens.  Since then, interpretation of the Treaty has been controversial, and New Zealand established a Waitangi Tribunal in 1975 to help settle disputes.

“The principle is that the treaty is the nation’s founding document and the government is committed to fulfilling its obligations to the treaty,” Flavell said.

After the vote, the Maori Party quickly criticized Prime Minister John Key and his National Party for deteriorating Treaty relationships.

“Why are they afraid of the treaty?” Flavell asked, calling their vote against the oath “disturbing.”

“Fortunately, many more New Zealanders can see the value the Treaty can add to building unity in a diverse nation, helping us to acknowledge our shared past and move forward together, as seen in our role in government,” he added.

The bill called for adding “I will uphold the Treaty of Waitangi” to the current swearing-in oath, which reads: “I swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth II, her heirs and successors, according to law, so help me God.”

Also opposing the bill were the ACT and United Future parties.  The Labour, Green, and Mana parties also supported the bill.

For further information, please see:

Radio New Zealand — Treaty Oath Bill Dismissal Contrary to True Partnership: Maori Party — 8 November 2012

NZCity News — Treaty Oath Bill Defeated — 7 November 2012

The New Zealand Herald — Labour Considering Support for Swearing Oath to Treaty — 6 November 2012

TangataWhenua.com — National Retreating on Treaty Relationships — 6 November 2012

New Zealand Tourism — Treaty of Waitangi

 

 

Ugandan Police Continue to raid Gay Theater Productions

By Ryan Aliman
Impunity Watch Reporter, Africa

KAMPALA, Uganda – Ugandan police raided the premiere night of a new play in Kampala as part of an alleged anti-gay operation abruptly putting an end to the festivities of the premiere.

 

The production was staged by human rights activists, including pro-gay campaigners, theater officials, and gay activists. (Photo courtesy of Dunya News)

The evening premiere of ‘Lighting the Shadows’ began on a high note. Enthusiastic audience members gathered outside the theater. Troupe members and visitors posed for pictures. Unlike the archetypal play premiere, however, an unusual number of human rights activists, artists, and foreign diplomats flowed into the theater. All seats in the house were full.

Over a dozen young people performed choreographies of a quality rarely seen in Uganda. One storyline featured a man who dressed differently from the others and was consequently chased by the group, left in isolation and then chained. The play showed men dressed in women’s clothes, and vice versa.

Despite the suggestive themes of the play, the word ‘homosexuality’ was never used.

The mood of the evening had been extremely optimistic. Ugandan activist Frank Mugisha spoke to the crowd, saying that President Obama’s electoral victory in America was a major boost for the gay community worldwide.

The Talented Ugandan Kuchus, the group staging the show, takes its name from the word for ‘kuchu’ which means gay. Although the term usually carries a derogatory connotation, many in the Ugandan LGBT community have reclaimed the term.

The increasing enhusiasm and optimism of the night died out when a voice on the public address system suddenly said “Police has entered the control room and is forcing us to stop,”

Three heavily armed police officers and a man claiming to be a civilian then ordered guests to leave, locking the doors of the theater behind them.

Homosexuality is illegal in Uganda and authorities have recently banned a play called ‘The River and The Mountain’ after only eight performances for ‘implicitly promoting gay acts’.

Ugandan officials have also broken up other previous events that ‘promoted’ homosexuality. Despite this, the organizers were confident that the play would not suffer a similar fate. The premiere was not advertised. Only a select few received an invitation. The organizers further denied that is was promoting homosexuality and said it was simply promoting respect of all human rights.

Ugandan members of parliament passed a resolution earlier this month in support of calls to revive the country’s notorious anti-gay bill.

The bill proposed the death penalty for cases of ‘aggravated homosexuality’, but now the lawmakers are opting, instead, for life imprisonment.

 

For further information, please see:

Gaystar News – Armed Police Raid ‘Gay’ Play Premiere in Uganda – 8 November 2012

Pambazuka News – Uganda: Anti-discrimination Play Stopped by Police – 8 November 2012

Dunya News – Uganda Prohibits Performance of Pro-Gay Play – 8 November 2012

Radio Netherlands Worldwide – Ugandan Police Storm Premiere of Gay Theatre Production – 8 November 2012

Malawi Reexamines Laws Criminalizing Homosexuality

By Heba Girgis
Impunity Watch Reporter, Africa

LILONGWE, Malawi—Moving against the grain in Africa, Malawi’s government is now moving to get rid of laws against homosexuality and has ordered law enforcement officers not to arrest people for same-sex acts until the country’s anti-gay laws are reviewed by Malawi’s parliament. Human Rights Watch called Malawi’s decision “courageous” and hoped that it would inspire other African countries that criminalize homosexuality to follow suit.

This Openly Gay Couple Were Pardoned From 14 Year Jail Sentence as a Result of the Moratorium. (Photo Courtesy of The Washington Post)

Malawi’s anti-gay laws, which are some of the toughest in the world, can put someone in jail for up to 14 years with hard labor. Justice Minister Ralph Kasambara last week said that parliament will soon meet to discuss these laws.

Several months ago, in May, President Joyce Banda made an announcement that she wants to repeal Malawi’s laws against homosexual acts going against the continent’s trend in which gays are consistently singled out for criminal prosecution. Many traditionalists and religious leaders condemned the President saying that she was only doing this to try to please Western donor nations. These traditionalists further argue that homosexuality is alien to Malawi’s cultural and religious values.

Malawi received a lot of attention in December 2009 after law enforcement officers arrested the country’s first openly gay couple. The couple spent five months in jail without bail until they received another sentence of 14 years in jail after their conviction five months later in May 2010. Eventually the two were pardoned after the United Nations Secretary General Ban Ki-moon’s arm-twisting of the late President Bingu wa Mutharika.

Tiseke Kasambala, a Malawian who is the Africa advocacy director at Human Rights Watch said, “Malawi has taken a bold step forward, putting respect for its own constitutional guarantees of equality front and center.” Kasambala further added “Malawi’s decision has given hope to thousands who risk prison sentences under such laws.” Amnesty International also noted that Malawi took a “historic step in the fight against discrimination in the country.”

According to Human Rights Watch, at least 76 countries, 38 in Africa, actually criminalize consensual same sex conduct. Human rights organizations around the world hope that these countries follow the lead of Malawi and take a closer look at their homosexuality laws.

 

For further information, please see:

Angola Press – Rights Group Laud Malawi on Gay Law Moratorium – 8 November 2012

The Washington Post – Malawi Government Moves to Suspend Law Against Homosexuality – 8 November 2012

Yahoo News – Malawi Lauded on Anti-Gay Law Moratorium – 8 November 2012

The Maravi Post – Society Human Rights Watch Lauds Malawi on Homophobic Law Moratorium – 7 November 2012

Activist Sattar Beheshti Tortured and Killed in Prison

By Justin Dorman
Impunity Watch Reporter, Middle East

TEHRAN, Iran – Facebook activist Sattar Beheshti has been reported dead in Iran.

Beheshti was just arrested on October 30, 2012, and is already reported dead just a week later.

Beheshti was a thirty-five year old blogger who cared deeply for his fellow Iranians. Sattar once said “that he saw the faces of the people in his country, how difficult their lives were and how poor they were, and that he couldn’t be quiet as long as they suffered.”

Beheshti was arrested in his family home in the city of Robat Karim by Fata [cyber] police. He was detained for alleged opposition activism on Facebook. Beheshti is one of many Facebook activists to have recently been arrested in Iran. While Facebook is blocked in Iran, millions of Iranians still utilize the site through virtual private networks and proxy websites.

Just prior to his arrest, Beheshti wrote that, “[t]hey threatened me yesterday that my mother would wear black because I don’t shut my mouth.” It now appears that the Iranian authorities have made good on their threat. Many believe that the Fata were using Beheshti as an example to warn other Tweeters and Facebook posters about what would happen to them if they wrote negatively about the Islamic Republic of Iran.

Beheshti was initially brought to Evin prison to be interrogated. In places like the Evin prison and Kahrizak Dention Centre, the phrase interrogation is synonymous with torture. It was reported by prisoners of the Evin ward that Beheshti was badly beaten and that there was not a square inch of his body that was not left black and blue. While it has yet to be independently verified, its been said that Beheshti died “under torture” while being interrogated by security officials at Kahrizak.

Claims of Beheshti’s death have surfaced as a result of phone calls made from the authorities to Beheshti’s family. Beheshti’s sister said to Masih Alinejad, a U.K.-based Iranian journalist that, “[t]oday they called my husband and asked him to prepare me and my mother and buy a tomb for his dead body.” Another family member reported to Sahamnews that, “[t]hey called us today and asked us to collect his dead body tomorrow from Kahrizak.”

Alistair Burt, the U.K.’s minister for the Middle East and North Africa, is in disbelief of the tragedy that has occurred stating that all Beheshti did was advocate for human rights over the internet. He holds the Iranian regime fully responsible for the prisoner’s welfare in prison and urges the authorities to confirm what has happened.

Beheshti is allegedly not the first person to have died while being tortured at Kahrizak. Other prisoners have also claimed to have been raped. In 2010, a doctor came to the detention center to examine victims, and was shot dead, not long after.

Beheshti’s death, while meant to be a warning, may have served to further unite the opposition. Reza Mohajerinejad, one of the original student organizers of 18 Tir, is enraged and asks his fellow people, “How long will we watch this regime take the lives of our young people? How long will we wait?”

For further information, please see:

Iranian – The Killing of Sattar Beheshti – 7 November 2012

Baztab – درگذشت یک وبلاگنویس حین بازجویی، نگذارید به سرنوشت پرونده کهریزک تبدیل شود
– 7 November 2012

Guardian – Iranian Facebook Activist Sattar Beheshti Feared Dead in Custody – 7 November 2012

Sahamnews – Sattar Beheshti Tortured to Death – 7 November 2012

Bahrain Revokes the Nationality of 31 of its Citizens

By Ali Al-Bassam
Impunity Watch Reporter, Middle East 

MANAMA, Bahrain — State news agencies reported last Wednesday that Bahraini authorities revoked the citizenships of 31 people, two of them being former members of parliament, for having “undermined state security.”

Those whose citizenships were revoked are accused of “undermining state security.” (Photo Courtesy of Foreign Policy)

Among the names are London-based dissidents Saeed Al-Shehabi and Ali Mushaima, the son of the jailed opposition leader Hassan Mushaima. Mushaima is known for having scaled the roof of the Bahraini embassy in London to publicize opposition demands for democratic change.  Also among them are clerics, human rights lawyers, and activists.

The Bahrain Youth Society for Human Rights (BYSHR) and Bahrain Center for Human Rights (BCHR) said that they had “grave concern over the systematic targeting of prominent political activists, former members of parliament, clerics and others.”  They say that the government failed to provide sufficient evidence for justifying the revocation of the individuals’ citizenships.  “The BYSHR and the BCHR express grave concern over the systematic targeting of prominent political activists, former members of parliament, clerics and others,” said in a joint statement by the two activist groups.  The decision, they said, “is intended to punish them for expressing peaceful dissent and thereby intimidate others from exercising their right to freedom of expression.”

The ministry’s report that was released with the names of the individuals whose citizenships were revoked  says that all those affected will have a right to challenge the decision in court.  The revocations were applied under Article 10 of the Nationality Law, granting the “withdrawal of nationality of any Bahraini citizen who causes damage to state security.”

The two MPs whose citizenships were revoked, brothers Jawad and Jalal Fairouz, are leading figures from the Shia majority Al-Wefaq National Islamic Society.  A former MP who is also affiliated with Al-Wefaq, Matar Matar, informed AFP that some of those named on the list were acquitted by the military court while others were not actually charged with “undermining state security.”  “They want to replace us as a pro-democracy movement via nationalization of mercenaries and revoking our nationality,” said Matar.  Matar claims that Bahrain’s decision “is a reflection of a complex persecution policy against race, sect, and political orientation.  It is against Bahrain’s Persian minority, Shi’ites and the pro-democracy movement in general.”

Amnesty International believes that Bahrain made the decision to withdraw citizenships on the basis of their political views.  “Most worryingly, the authorities are making some in the group stateless.  This, as well ass any arbitrary deprivation of nationality is prohibited under international law,” said Philip Luther, Amnesty International’s director for the Middle East and North Africa.

For further information, please see:

Al Jazeera — Bahrain Revokes Citizenships of 31 People — 7 November 2012

Foreign Policy — Bahrain Revokes Citizenship of 31 Opposition Activists — 7 November 2012

Khaleej Times — Bahrain Revokes Citizenship of 31 Nationals — 8 November 2012

Reuters — Bahrain Revokes Nationality of 31 over National Security — 7 November 2012