Impunity Watch: Asia

BRIEF: Myanmar Army Recruiting Children

Photo at AP

Myanmar - To cover gaps left by a lack of adult recruits, military recruiters and civilian brokers are beating or threatening children with arrest, in addition to promising cash rewards, to make them enlist.  Human Rights Watch reports that children as young as 10 are forcibly being recruited into Myanmar's army. 

The report, "Sold to be Soldiers: The Recruitment and Use of Child Soldiers in Burma," says there are thousands of children in the military.  Furthermore, recruiting officers are said to falsify enlistment documents to register children as being 18, the legal minimum age for recruitment.

The recruits are trained for approximately 18 weeks.  They are then sent into combat immediately or forced to take part in activities like burning villages.  Jo Becker, a children's rights advocate for Human Rights Watch said Myanmar is "literally buying and selling children to fill the ranks."

The ruling junta says it has formed a committee to address this issue, even though Myanmar has previously said it is working towards preventing military recruitment of children.

For more information, please see:

Bloomberg - Myanmar Forcibly Recruits Children Into Army, Rights Group Says - 31 October 2007

Reuters - Child soldiers bought and sold in Myanmar - 31 October 2007

AP - Group: Myanmar Targets Kids for Military - 31 October 2007

Khmer Rouge Tribunal Prepares for Trial

Photos at The NY Times

By Kristy Tridhavee
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – The Khmer Rouge Tribunal has begun to call witnesses to testify against former Khmer Rouge leaders, Nuon Chea, former Khmer Rouge ideologist, and Kaing Guek Eav, former Khmer Rouge prison chief. Him Huy, a former senior guard to the Toul Sleng prison, is expected to testify. Nhem En, head photographer at the same prison, has also confirmed he will testify.

The Toul Sleng prison was operated by the Khmer Rouge regime. About 16,000 people were tortured and killed at the prison. Many were taken to a nearby area to be executed known as the “killing field.” Only a dozen prisoners are known to have survived.

Nhem En will provide a rare personal testimony to the trial. He was charged with photographing prisoners. Nhem En remembered his duties as prisoners arrived, “They came in blindfolded, and I had to untie the cloth. I was alone in the room, so I am the one they saw. They would say, ‘Why was I brought here? What am I accused of? What did I do wrong?’” However, he was ordered not to speak to them. Soon after the picture was taken, the prisoner would disappear to the interrogation center.

After he photographed prisoners, Nhem En would clean, develop and dry the pictures. He would then take them to Kaing Guek Eav personally. He recalled, “I couldn’t make a mistake. If one of the pictures was lost, I would be killed.”

Since the end of the Khmer Rouge regime, Nhem En’s pictures have come to symbolize the Cambodian mass killings. Some of the pictures have been displayed in American galleries.  Hundreds of the photographs hang on the walls of what is now the Tuol Sleng museum.

Although witnesses have been called, the trial remains in the preparation stages. Lawyers are still interviewing possible witnesses, reviewing documents, and making arrests. Three more former Khmer Rouge leaders are expected to be arrested soon: Khieu Samphan, former Khmer Rouge head of state, Ieng Sary, Samphan’s wife, and Ieng Thirith, central committee member.

Cambodian Foreign Minister Hor Namhong also recently requested more money to fund the tribunal. The tribunal was projected to be done in 2009. However, it is expected that the trials will continue into 2010. The appeal for additional funds comes on the heels of international requests for a more transparent administrative process. The tribunal has suffered from allegations of administrative mismanagement and corruption. US Ambassador Joseph Mussomel commented, "The bottom line is that the Khmer Rouge tribunal needs more money. But even those donors who have been most generous in the past will have a difficult time giving more funding to the Khmer Rouge tribunal unless the administrative issues are fixed."

For more information, please see:

Bangkok Post – Khmer Rouge Trials Set to Begin – 23 October 2007

The New York Times - Out From Behind a Camera at a Khmer Torture House – 25 October 2007

Yahoo (AP) -Cambodia Requests More Funds for Genocide Tribunal – 26 October 2007

Plans to Clean Up Polluted Lake Tai

By Juliana Chan
Impunity Watch Reporter, Asia

ZHOUTIE, China - China has announced a multi-billion dollar plan to clean up the severely polluted Lake Tai in Eastern China's Jiangsu Province.  An algae infestation of toxic cyanobacteria forced the suspension of water supplies to millions of people earlier this year and turned the lake fluorescent green.  At least two million people living and working around the lake had to stop drinking or cooking with their main source of water.

As The New York Times reports, "the outbreak confirmed the claims of a crusading peasant, Wu Lihong, who protested for more than a decade that the region's thriving chemical industry, and its powerful friends in the local government, were destroying one of China's ecological treasures."

Despite his concerns, Mr. Wu was arrested by authorities shortly before the algae infestation.  In August, he was sentenced to three years "on an alchemy of charges that smacked of official retribution."

Although China has tried to address the country's environmental issues, the ruling Communist Party treats environmental advocates as bigger threats than the "degradation of air, water and soil that prompts them to speak out."

Environmentalists in China face rich and corrupt officials who treat them with "lukewarm tolerance [or] icy suppression."  Mr. Wu, however, established bold and courageous, media-savvy environmental work that made Lake Tai the focus of intense regulatory scrutiny.  In effect, Mr. Wu was still vulnerable as he and his wife lost their jobs.  Additionally, the local police detained and interrogated him, while government and factory owners tried to bribe him with contracts, gifts, and jobs.

From when he began his crusade in 1998 till 2006, Mr. Wu sent 200 reports of pollution and regulatory violations to the environmental protection agency of Jiangsu Province.  Although Mr. Wu acquired allies in those he helped, he was also making enemies.

On April 13, 2007, dozens of police and state security officers raided Mr. Wu's farmhouse, arresting him and seizing documents and a computer.  He was later indicted on two charges of blackmail, including extorting money "from the Communist Party Committee of Zhoutie by threatening to report pollution problems."  His indictment was revised, however, dropping the blackmailing charge and adding a new charge for "fraud" dealing with a steel company he was contracted to work for in 2003.  The three indictments claim that Mr. Wu confessed to the charges.

Mr. Wu said in court that he was forced to sign a written confession and that he was innocent.  He said the police deprived him of food and water and forced him to stay awake for five days and nights, until he signed a written confession.  The judges, however, ruled that "Mr. Wu could not prove he had been tortured" and thus his confession was valid.

Shortly after Mr. Wu's trial, his colleague Mr. Hang, a sundry shop owner, handed over photos, clippings, and documents to a reporter.  It was a collection of over a decade of environmental work that he no longer had use for as "environmental work had become too risky."

With the algae infestation affecting the drinking water of two million people, local officials initially called it a "natural disaster."  The state media, however, exposed chemical factories dumping waste into the lake.

A notice posted Friday on a government website announced plans to spend 108.5 billion yuan ($14.4 billion) for a five-year Lake Tai cleanup campaign.

For more information, please see:

IHT - China to spend billions cleaning up polluting Lake Tai - 26 October 2007

BBC News - China to clean up polluted lake - 27 October 2007

The New York Times - In China, a Lake's Champion Imperils Himself - 14 October 2007

Update: Indian Children Make Clothes for GAP

NEW DELHI, India - Children as young as ten years old were found to be sewing clothes for Gap, Inc. The children spoke to The Observer, sharing descriptions of their working conditions. The children described long hours of unwaged work, threats, and beatings.

In a statement, Gap said, "After learning of this situation, we immediately took steps to stop this work order and to prevent the product (tens of thousands of the embroidered girls' blouses) from ever being sold in our stores. We are also convening a meeting of our suppliers where we will reinforce our prohibition on child labour.”

India has tried to stop the widespread problem of child labor in the country with bans on the use of child workers. In 1986, the government outlawed children from working in dangerous industries, and in 2006, it banned children from being employed as domestic servants or in restaurants.

Save the Children organization recently reported that the bans have had little effect. Official estimates gauge that 12 million children under 14 years of age work in the country; however, NGO figures estimate that about 20 million children continue to work.

For more information, please see:

AP - India Activists Decry Gap Child Labor - 29 October 2007

The Observer - Indian 'Slave' Children Found Making Low-Cost Clothes Destined for Gap - 29 October 2007 

Impunity Watch - Indian Children Continue to Work 1 Year after Ban – 10 October 2007

South Korea to Apologize to Japan for Kim Dae-jung Kidnapping

Former South Korean President and Nobel Peace Prize winner, Kim Dae-jung

By Juliana Chan
Impunity Watch Reporter, Asia

SEOUL, South Korea - The South Korean government will apologize to Japan for abducting Kim Dae-jung in Tokyo, Japan on August 8, 1973.  Mr. Kim,  a South Korean dissident leader later became the president of the country.

A South Korean government panel concluded Wednesday that the country's spy agency kidnapped Mr. Kim with then president Park Chung-hee's "implicit permission."  Mr. Kim was attending a meeting with the leader of the Democratic Unification Party at a hotel in Tokyo when he was abducted.

Although many South Koreans believed their country's former authoritarian regime was behind the abduction, this is the first time South Korea has officially acknowledged involvement in Mr. Kim's kidnapping.

Japan's Prime Minister, Yasuo Fukuda, demanded an apology from the South Korean government, saying that Japan made great efforts to investigate the matter but failed to find out the truth with regard to Mr. Kim's abduction.  He further stated that it is unacceptable if "South Korea keeps holding Japan responsible."

Mr. Park of the Democratic Republican Party became president of South Korea in 1963 following a coup in 1961.  In the 1971 presidential election, Mr. Kim representing the Democratic Party, challenged incumbent President Park.  Although Mr. Kim was defeated by a small margin of votes, President Park saw him as a threat who called for democracy. 

Following an assassination attempt on Mr. Kim's life, he fled to Tokyo in a self-imposed exile.  Mr. Kim led anti-Park rallies and visited the United States and other nations "warning of Park's dictatorship and urging their governments to help bring democracy to South Korea."

On August 8, 1973, less than a month after meeting with U.S. leaders, Mr. Kim was kidnapped by unknown agents and was transported and deposited in front of his home in Seoul on August 13.  The panel could not determine whether the abductees planned to kill Mr. Kim.

Mr. Kim was elected president in 1997, the first South Korean opposition president to come to power, and later won a Nobel Peace Prize in 2000 for his policy of engagement with North Korea.

For more information, please see:

Bloomberg - South Korea's Spy Agency Admits Kidnapping Kim Dae Jung in 1973 - 24 October 2007

The Korea Times - Park Chung-hee Tacitly Approved Kidnapping of Kim Dae-jung in 1973 - 24 October 2007

IHT - Report: SKorea to apologize to Japan over 1973 kidnapping in Tokyo of opposition leader - 26 October 2007

Update: Saipov's Contact Lists Seized

By Melody Kight
Impunity Watch Reporter, Asia

OSH, Kyrgyzstan- A contacts database belonging to Alisher Saipov, the Uzbek journalist who was murdered last Wednesday, has been siezed by Kyrgyz officials, and Saipov's supporters fear that those records will be made available to the very same Uzbekistan government that Saipov had been criticizing.

Uzbek officials could use Saipov's contact list to identify and target others who are critical of the Uzbek government.

The Sunday Times quoted Shahida Tulaganova, another Uzbek journalist, as saying, "The people in the local security services are corrupt and some of them are on the payroll of the Uzbek KGB. All the details about the network of opposition people in Uzbekistan were in his office. Now all those people could be compromised."

Saipov, who was 26 years old at the time of his murder, reported extensively for the Voice of America (VOA) on Uzbekistan human rights abuses. He was shot and killed execution-style, and many of his supporters believe Uzbekistan was involved in the killing.

Muhammad Solikh, the leader of the Uzbek opposition party, has accused the Uzbek government of being behind Saipov's killing, according to Radio Free Europe/Radio Liberty. Quotes RFE/RL: "For several months he has been threatened by [Uzbek President Islam] Karimov's people," Solikh said. "I witnessed how Uzbek secret-service agents directly threatened him. Alisher told me about it many times. I have no doubts it is Karimov's doing."

Kurmanbek Bakiev, Kyrgyzstan's president, who is under pressure to find the killer of the 26 year old journalist, is reported to have sent Omurbek SubanAliyev, the head of his Security and Defense Department, to Osh.

Uzbekistan and Kyrgyzstan are landlocked countries in the middle of Asia, and were both formerly part of the Soviet Union. Uzbekistan declared independence on September 1, 1991. Kyrgyzstan declared independence on August 31, 1991. Both countries joined the Commonwealth of Independent States.

While Kyrgyzstan reformed and liberalized its government in response to the 2005 public outcry now known as the "Tulip Revolution", the Uzbekistan government responded to public protests in Andijon in 2005 with a crackdown that resulted in the deaths of hundreds of protesters.

Since the 2005 crackdown, Uzbekistan has shifted political allegiances away from western countries like the U.S. and towards eastern countries like China and Russia.

For more information, please see:

BBC - Uzbek reporter's contacts seized - 27 October 2007

The Times Online - Dissidents live in fear after Uzbek murder - 28 October 2007

The Guardian - Silenced: my brave friend who stood up to a tyrant - 28 October 2007

BRIEF: Myanmar Frees 70 Detainees

YANGON, Myanmar - At least 70 people detained by Myanmar's military government following pro-democracy rallies and protests have been released Thursday, says a spokesman for the National League for Democracy (NLD).  Among those released were 50 members of the NLD. 

One of those released added that at least 250 NLD members still remain in detention at the infamous Insein Prison in Yangon. 

In response to last month's pro-democracy demonstrations, the military regime detained about 3,000 suspected dissidents, but have since released most of them.  There are reports that the detainees were mistreated in custody.

The Associated Press reports that hundreds of riot police, armed with assault rifles and tear gas  positioned themselves in Yangon to forestall any protests to mark the one-month anniversary of the anti-regime uprising by Buddhist monks.

For more information, please see:

IHT - Myanmar opposition party spokesman says at least 70 detainees freed by military government - 26 October 2007

AP - Myanmar Frees 70 Democracy Protesters - 26 October 2007

Impunity Watch - BRIEF: Myanmar Pro-Democracy Protests - 29 September 2007

Impunity Watch - As Protest Numbers Increase, Military Junta Threatens Action - 24 September 2007

BRIEF: Uzbek Journalist and Government Critic Killed

Photograph of Saipov from RadioFreeEurope

OSH, Kyrgyzstan- Kyrgyz police have confirmed that Alisher Saipov, a journalist well-known for his criticism of Uzbekistan authoritarian ruler Islam Karimov, was murdered.  He was shot dead when he walked out of his office yesterday evening.

Twenty-six year old Saipov was living in Kyrgyzstan.  He was the editor of the only regional Uzbek-language publication that challenged the government, and he reported on Uzbekistan for Voice of America and other websites.  He wrote regularly on human rights abuses in Uzbekistan and the problems for Uzbek refugees living in Kyrgyzstan.  Saipov was aware of the dangers he faced because of his reporting, however he believed he was safe of the Kyrgyz-side of the border.

For more information, please see:

BBC News - Outspoken Uzbek reporter killed - 25 October 2007

VOA News - Slain Uzbek Journalist Buried in Kyrgyzstan - 25 October 2007

Suu Kyi Meets with Myanmar Government Official

Aung San Suu Kyi, left, met with a government minister on Thursday.

By Juliana Chan
Impunity Watch Reporter, Asia

YANGON, Myanmar - Pro-democracy leader and Nobel Peace laureate Aung San Suu Kyi met for the first time with a Myanmar government official Thursday. 

Ms. Suu Kyi has been under house arrest for 12 out of the last 18 years.

She was driven from her home to a government guest house where she met for an hour and 15 minutes with Aung Kyi, a retired major general who has been newly appointed to the post of minister for relations.  He is said to have a "reputation among foreign diplomats, United Nations officials, and aid groups as being relatively accessible and reasonable, compared with junta leaders, who are highly suspicious of outsiders."  Mr. Aung Kyi will coordinate all of Ms. Suu Kyi's contacts with the regime and the United Nations.

This move is the "first tangible sign that the generals were responding to outside pressure" after suppressing last month's demonstrations.  Ibrahim Gambari, a United Nations envoy, who visited Myanmar earlier this month, had suggested appointing a liaison officer after his meetings with junta officials and Ms. Suu Kyi during his visit.  Some analysts, however, are skeptical, saying "it is far from clear that the junta intends any meetings with her to be more than gestures to placate the international community."

For more information, please see:

FOX News - Pro-Democracy Leader Aung San Suu Kyi Leaves Home Detention to Meet Myanmar Junta Official - 25 October 2007

ABC News - Suu Kyi in Talks with Junta - 25 October 2007

The New York Times - Opposition Leader Meets Burmese Official - 26 October 2007

BBC News - Suu Kyi meets Burmese minister - 25 October 2007

Impunity Watch - UN Human Rights Expert to Visit Myanmar - 23 October 2007

Impunity Watch - Demonstrators Demand Suu Kyi's Release and Sanctions Imposed on Myanmar - 24 October 2007

Demonstrators Demand Suu Kyi's Release and Sanctions Imposed on Myanmar

Photo of protesters wearing masks of Aung San Suu Kyi

By Juliana Chan
Impunity Watch Reporter, Asia

YANGON, Myanmar - A series of demonstrations took place in 12 cities around the world Wednesday, marking the 12th year of Myanmar's democracy leader Aung San Suu Kyi's house arrest.

Ms. Suu Kyi, a Nobel Peace Prize winner, has been held by Myanmar's military junta for 12 of the past 18 years.

The protests took place outside Chinese embassies as campaigners say Beijing must do more regarding Myanmar and can convince the country of Ms. Suu Kyi's release.

About 100 people turned out for the London protest, many wearing white robes and masks of Ms. Suu Kyi's face while others had their hands bound with rope or chains that are said to be used to torture political prisoners in Myanmar.

The protests also coincide with the United Nations' 62nd birthday, and organizers said they were "using that to urge action from the U.N. Security Council."

The Council issued a statement earlier this month saying it "strongly deplores the use of violence against peaceful demonstrations in Myanmar and called on the junta to work towards a dialogue with Suu Kyi."  Kate Allen of Amnesty International UK said, however, that the U.N. must do more than issue statements of concern.

Australia has announced imposing financial sanctions on Myanmar's generals and their families. In response to last month's suppression of pro-democracy protests, Australia's foreign minister, Alexander Downer, said "these new measures are designed to put further pressure on the regime and its supporters while avoiding harm to the people of [Myanmar]."  The sanction would target 418 people, including cabinet ministers and top military figures like the junta's leader, Senior General Than Shwe.

Additionally, British Prime Minister Gordon Brown has threatened tougher sanctions against the military junta "if the country does not end the violence, release prisoners, and allow a process of national reconciliation."

In response to the increased international pressure, the regime has agreed to visits by the U.N.'s special envoy Ibrahim Gambari and the U.N.'s human rights investigator, Paulo Sergio Pinheiro.

For more information, please see:

CNN - Protesters demand Suu Kyi release - 24 October 2007

BBC News - Rallies held for detained Suu Kyi - 24 October 2007

Voice of America - Amnesty Calls for Release of Political Detainees in Burma - 24 October 2007

IHT - Australia imposes sanctions on junta in Myanmar - 24 October 2007

Impunity Watch - Peace Talks and Outrage Surfacing in Myanmar - 11 October 2007

BRIEF: Singapore Retains Ban on Gay Sex

Photo of Singapore PM Lee Hsien Loong

SINGAPORE - On Tuesday, the Singapore parliament passed a law legalizing oral and anal sex between adult heterosexuals, but rejected a proposal to legalize sex between gay men.  The petition to decriminalize gay sex carried thousands of signatures and sought to amend laws in which sex between men is deemed an act of "gross indecency" and carries a jail term of as much as two years.

Prime Minister Lee Hsien Loong was among many in Parliament who did not support the amendment.  He believes Singapore should maintain a balance between conservative citizens and giving space for homosexuals to live and contribute to society, saying that repealing the law would not give gay activists what they want, which is acceptance. 

Mr. Lee went on to say that it is better to let the situation evolve gradually while observing the impact of how it is worked out in other countries.

For more information, please see:

IHT (AP) - Singapore relaxes strict sex laws for heterosexuals, but retains ban on gay sex - 24 October 2007

BBC News - Singapore retains its gay sex ban - 23 October 2007

Channel News Asia - S'pore to keep balance between conservative society and gays: PM Lee - 23 October 2007

AFP - Government does not endorse gay lifestyle: Singapore minister - 22 October 2007

Reuters - Singapore hears petition against ban on homosexual sex - 22 October 2007

Journalists Kidnapped in Nepal

By Kristy Tridhavee
Impunity Watch Reporter, Asia

BIRGUNJ, Nepal - Three journalists in Nepal have been kidnapped in the span of one week. Two were released hours after their abductions; however, Birendra Sah, who was abducted in Bara district, still remains captive. Birendra Sah is a correspondent for Nepal FM, Dristri Weekly and Avenues TV. He was kidnapped in the Pipara Bazaar market by a group of unknown kidnappers. He is a member of the Press Chautari Nepal association and of the leftist political party.

Ram Dev Das, editor of Terai Khabar Patrika, was taken with Birendra Sah, but was released a few hours later. His kidnappers had beaten him before his release. Ram Dev Das told the Federation of Nepalese Journalists that the kidnapping was orchestrated by the Maoists.

Days earlier Pappu Gurund was taken from his home with his wife. The couple was rescued after three days. Pappu Gurund stated that his kidnappers threatened further reprisal if he continued his profession as a journalist. He also believed Maoists were part of his and his wife’s kidnappings.

A Maoist official denied the party any involvement in any of the abductions. However, sources indicate that two Maoist leaders, Lal Bahadur Chaudhari Oesandeep and Kundan Phaujdar, had disputes with Birendra Sah. Birenda Sah recently alleged that local members of the Maoist party were involved in timber smuggling and other illegal activities.

This year, thus far, the Federation of Nepalese Journalists has documented 196 attacks against the media. The attacks include threats, newspaper closures, kidnappings, and other physical attacks. Last month a journalist was killed by a gun shot wound and earlier this month another survived a gun shot to his chest.

Reporters Without Borders and the Federation of Nepalese Journalists have joined together to urge for Birendra Sah’s immediate release. Reporters Without Borders states, “The authorities must identify those responsible for this series of kidnappings. It is deplorable that this is intended to create a climate of fear among journalists in the provinces."

One year ago, the decade long Maoist insurgency ended with a peace agreement. However, since the agreement, violence has broken out among militant groups and the Maoists vying for regional autonomy.

For more information, please see:

BBC – Demonstrations for Nepal Reporter – 17 October 2007

Reporters Without Borders - Three Journalists Kidnapped in Less than a Week – 9 October 2007

VOA News - Kidnapping of Journalist Highlights Threats to Press Freedom in Nepal – 24 October 2007

 

UN Human Rights Expert to Visit Myanmar

Photo of UN human rights investigator, Paolo Sergio Pinheiro at, UNICEF.

By Juliana Chan
Impunity Watch Reporter, Asia

UNITED NATIONS - Myanmar's military government has agreed to allow the U.N.'s human rights investigator to visit the country.  Paolo Sergio Pinheiro, who visits countries to check on their human rights performance, will visit Myanmar next month to look into the country's crackdown on pro-democracy protests.

Myanmar's Foreign Minister, Nyan Win, suggested that Mr. Pinheiro visit Myanmar before the Association of South East Asian Nations (ASEAN) summit opening on November 17 in Singapore.

This will be Mr. Pinheiro's first visit to the country in four years.  In 2000, he visited Myanmar six times to check on its human rights performance.  Despite repeated requests, however, he has not returned to Myanmar since 2003.

Mr. Pinheiro called the junta's decision "an important sign that the government wants to engage again in constructive dialogue with the U.N. and the Human Rights Council." 

The news came as U.N. envoy Ibrahim Gambari said he planned to return to the country some time next month.  Mr. Gambari visited Myanmar last month to "convey international outrage over the regime's violent suppression of anti-government rallies led by Buddhist monks that left at least 13 people dead."

Since then, Myanmar has faced international pressure, including from its ally China, to yield to democracy activists led by Aung San Suu Kyi. 

The U.N. High Commissioner for Human Rights, Louise Arbour, hopes that "we will be able to persuade the government to cooperate."

The military has run the country since 1962, refusing to hand over power to Suu Kyi even after the National League of Democracy won the 1990 general election.  Protests in the country began this last August based on dissatisfaction with the repressive military rule.  Soldiers opened fire on demonstrators, saying ten people were killed.

Mr. Pinheiro has expressed concerns that these suppressions of demonstrations killed many more people than officially acknowledged.  Although Myanmar's generals say ten people were killed in September's crackdowns, Mr. Pinheiro is convinced that the number of deaths and prisoners are larger than the government estimates.

For more information, please see:

The New York Times - Myanmar: Junta Agrees to Visit by U.N. Rights Official -23 October 2007

Jurist - Myanmar agrees to visit from UN rights expert - 22 October 2007

Reuters - Human rights expert says will visit Myanmar soon - 22 October 2007

BBC News - Burma allows human rights visit - 22 October 2007

AFP - Myanmar agrees to visit by UN rights official: UN - 22 October 2007

AP - UN: Myanmar Allows Visit by Rights Chief - 22 October 2007

BRIEF: Impunity in Punjab

PUNJAB, India- During the 1980s and 1990s, Indian security forces were retaliating against Sikh separatists in Punjab and in doing so committed numerous human rights abuses.  People believed to have supported the Sikhs were disappeared, killed, and tortured- actions sanctioned by the government.  These abuses were allegedly then covered up by mass cremations.  None of the core government officials responsible were ever held accountable.

A new report recently released by Human Rights Watch and Ensaaf examines this impunity and makes suggestions for the current Indian government.  Please find the report here.

Pakistan's Bhutto Demands Inquiry into Convoy Attacks

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

KARACHI, Pakistan- Former Pakistani Prime Minister Benazir Bhutto wants members of the current Pakistani government investigated for suicide attacks on her convoy yesterday that killed over 130 people.

A parade was held for Bhutto's homecoming yesterday when bombs were set off 10 to 15 feet away from her vehicle.  A grenade exploded, and then an explosion occurred, tearing apart the police van in front of her car and killing mostly her supporters standing in the streets.

The fact that the explosion came from a government police vehicle has raised many questions as to who was behind the attacks.  Bhutto has also stated that the street lights along her route had been disabled, keeping security guards from noticing the suicide bombers.

Bhutto says she had been warned that certain groups would be targeting her, but she blames the attacks on "certain individuals who abuse their positions" without specifying further.

The administration insists that the attacks were carried out by suicide bombers connected with the Al-Qaeda group that had been threatening her previously.

"For me, the attack was not on an individual, the attack was on what I represent.  It was an attack on democracy.  It was an attack on the very unity and integrity of Pakistan," Bhutto said.  She said that those who died had made the ultimate sacrifice for democracy.

For more information, please see:

New Delhi Television Unlimited - Bhutto calls for probe into blasts - 19 October 2007

BBC News - Bhutto points finger over blasts - 19 October 2007

Impunity Watch - Pakistani Government Maneuvers Before October 6th Election - 3 October 2007

BRIEF: Myanmar Junta to Draft a Constitution

YANGON, Myanmar- The Myanmar junta announced today that they have created a commission to draft a new constitution for the country.  According to the government, this is part of their "roadmap to democracy"; most critics instead see this as a part of their plan to keep the current generals in power.

The government has appointed 54 members to the commission; it does not yet have a time-frame for its work.

A National Convention was finished in September to draw up the details of the constitutional charter, following discussions that had lasted almost 14 years.  Aung San Suu Kyi's opposition party had boycotted the ongoing talks.  According to the guidelines decided upon at the Convention, the army's commander-in-chief will be the most powerful person in the country, will have appointment powers, and will be able to take full control in times of emergency.

The opposition party is not represented on the current constitutional commission.  The United Nations holds that the opposition should be represented and expressed concerned over a constitution drafted without inclusive participation.

For more information, please see:

BBC News - Burma junta in constitution move - 18 October 2007

The Washington Post (Reuters) - Myanmar announces commission to draft constitution - 18 October 2007

Pedophiles Seek Refuge in Asia

By Kristy Tridhavee
Impunity Watch Reporter, Asia

BANGKOK, Thailand – A worldwide manhunt has focused on Thailand as Christopher Paul Neil was caught on tape arriving at Bangkok’s international airport. Christopher Paul Neil is accused of having sex with about a dozen Cambodian and Vietnamese boys. Some were as long as six years old. It is estimated that hundreds of thousands of children across Asia are lost in the sex trade. Most are from Cambodia, Indonesia, Thailand, Vietnam, and the Phillipines.

Pedophiles, like Christopher Paul Neil and John Mark Karr, repeatedly slip into Asian countries in order to hide from police and prey on children. Asia provides a haven for pedophiles because some countries have easily corruptible law enforcement. The lack of policing creates a community of pedophiles and numerous pockets of poverty provide ample opportunities to sexual abuse children.

Pedophiles have taken advantage of the easily corruptible legal systems, bribing officials to drop charges. Others bribe witnesses in order to force changes in their eye witness accounts. In some countries, pedophiles are able to walk the streets with relative impunity as they go into hotels and inns hand in hand with young boys and girls.

Cyber networks also provide pedophiles with tips on how to best meet children or how to arrange sexual rendezvous in condos and on yachts. Obtaining access to such networks requires pedophiles provide evidence of sexual acts with children. Christopher Paul Neil has appeared to do this by putting nearly 200 explicit photos of him with young boys on the Internet.

Other pedophiles fill jobs as teachers or tutors, giving them access to young children. Many countries do not police teacher’s applications, allowing for teaching positions to be easily obtained. John Mark Karr was a teacher in Thailand when he was arrested for the murder of JonBenet Ramsey.

Christopher Paul Neil was also a teacher in Thailand and Vietnam. In a discussion forum for English teachers, he boasted of about getting a job teaching without police checks. Under a pseudo name, he wrote, “Police checks are NOT needed to get a visa. Public schools will want one but you should be able to stall them. Often they want teachers SO quickly that they will 'wait' for some things. I never gave a police check for my last public school job. I was in Vietnam at the time and getting one wasn't easy. I delayed and never heard about it again."

The pockets of poverty within many of the Asian countries also provide an easy opportunity for pedophiles because they may pick up young, poor children off the streets without fear. In most cases, the victims are homeless, beggars, and street children.

However, policing has been improved since the John Mark Karr arrest. In Thailand, the police now screen potential teachers for criminal records before hiring. Richard Bridle, United Nations Children's Fund's deputy regional director for East Asia and the Pacific, sees the manhunt for Christopher Paul Neil as an indication that Asian countries are changing.  "We are beginning to see a trend going toward better laws, better policing and more awareness within public that this isn't acceptable. I see this particular case as a great cause of optimism and great cause for redoubling efforts to both catch these people committing these crimes but also looking at vulnerabilities that underlie why children become victims.

For more information, please see:

International Herald Tribune (AP) - Corrupt Law Enforcement, Sex Networks Provide Cover for Pedophiles in Asia – 17 October 2007

Times Online – Paedophile Suspect 'Boasts of Evading Police' – 17 October 2007

Yahoo (AP) - Thai Police: Canadian Pedophile Suspect Unlikely to Dodge Dragnet – 18 October 2007

BRIEF: Tibet Leader Given Award from US, Angers China

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WASHINGTON, D.C.,
United States of America- The Dalai Lama was awarded the high honor of a Congressional Gold Medal Wednesday by the U.S. government.  The Chinese have described this act as a "gross interference in China's internal affairs."

Photo: CBS

China argues that by insisting on Tibetan independence, the Dalai Lama has attempted to destroy Chinese sovereignty and this is something that the world community should not support.  Despite China's anger, the Dalai Lama has been given similar awards by other nations as well.  Furthermore, the Dalai Lama has recently been meeting with many world leaders who have expressed their concern over Chinese human rights abuses in Tibet.

China's Communist Party is holding its 17th Congress this week and is very sensitive to international criticism.  China has been condemned recently for other human rights issues as well, including violations in connection with their Olympic preparation and the fact that Beijing has chosen to ignore violations in Myanmar and the Sudan for economic reasons.

For more information, please see:

The Washington Post - Bush Appears with Dalai Lama, Nudges China - 18 October 2007

BBC News - Tibet leader awarded top US medal - 17 October 2007

BRIEF: Myanmar Junta Makes Statement On Recent Arrests

YANGON, Myanmar- The Myanmar military junta acknowledged today that it is still hunting for the protesters that took part in the recent demonstrations.  It acknowledged that it has arrested and detained close to 3,000 dissidents already, hundreds of whom are still in custody.

According to the front page of The New Light of Myanmar, a government mouthpiece, these people were brought in to be interrogated about the roles they played during the protests and general "unrest," and "those who should be released will be."  The statement also vaguely said that those who were released were required to sign "pledges."

For more information, please see:

Yahoo News (AP) - 3,000 detained in protest - 17 October 2007

Al Jazeera - Myanmar still hunting dissidents - 17 October 2007

Khmer Rouge Leaders File Appeals to Detainments

By Kristy Tridhavee
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Nuon Chea, former Khmer Rouge ideologist, has filed an appeal to his detainment by the UN-backed genocide tribunal. Days earlier Kaing Guek Eav, former Khmer Rouge prison chief, also filed an appeal to his detainment. Both are charged with crimes against humanity.

Nuon Chea was second in command after Pol Pot, the late leader of the Khmer Rouge regime. The Khmer Rouge Regime held power in Cambodia from 1975-1979, and the group’s radical policies resulted in 1.7 million deaths from starvation, overwork, disease, and execution.

Kaing Guek Eav was prison chief and oversaw the Khmer Rouge’s S-21 prison and torture center. At the S-21 prison about 16,000 suspected enemies of the regime were tortured and then executed in an area near the capital, later known as the “killing field.” Only about a dozen prisoners are believed to have survived.

Kaing Guek Eav has appealed his detainment on the grounds that he has been in held without trial since May 1999. His appeal asserts that the detainment period is “excessive and illegal” under Cambodian and international human rights law. His attorneys also demand that he be “awarded and compensated for the harm he has suffered as a result of the time he spent” in prison.

Upon his transfer from military prison in July, Kaing Guek Eav’s detainment order rejected a similar argument based on the lack of jurisdiction to determine the legality of his prior imprisonment. The judges also asserted that if free, his life would be endangered from public violence and anger.

Kaing Guek Eav’s appeal will be the first courtroom proceeding held by the tribunal. It is scheduled for hearing in November or early December. The hearings will be public, and the tribunal expects to have many people to participate.

The United Nations Development Program (UNDP) has recommended that the United Nations pull out of the Khmer Rouge Tribunal if reforms are not made. The Khmer Rouge Tribunal has been criticized for improper hiring practices. Although there was no finding of salary kickbacks, the UNDP found that the tribunal was employing unqualified Cambodian staff.

The UNDP also recommended shifting control of the tribunal to the United Nations because of numerous administrative problems. The report suggests that the Cambodian judiciary is weak and subject to political interference.

The Khmer Rouge Tribunal is a hybrid court. The United Nations and Cambodia are joint members. Three judges are Cambodian and two are international jurists selected by the United Nations.

Peter Foster, UN spokesman for the hybrid court, warned that to issue the reforms suggested would require renegotiations, which in turn would endanger the whole process. He commented, “Renegotiation would take some time. We have to remember that it took 13 years to get to the agreement that we have in place now, and we certainly don't want to reopen that and spend another 13 years." However, Peter Foster also indicated that some measures were already underway and that experts are being recruited to improve the tribunal.

For more information, please see: 

International Herald Tribune (AP) - Cambodian Tribunal to Hold First Public Hearing on Detained Khmer Rouge Leader's Appeal – 10 October 2007

Voice of America - UN Reports Call for Changes in Structure of Khmer Rouge Tribunal - 5 October 2007

Yahoo (AP) - Cambodian Lawyer Appeals for Release of Detained Former Khmer Rouge Leader – 18 October 2007

“Extremely Disturbing” New Arrests in Myanmar

By Elizabeth O'Loughlin
Impunity Watch Reporter, Asia

                                                    Picture: AFP
YANGON, Myanmar-  Many well-known student activists were arrested over the weekend in Myanmar in further repressive actions taken by the ruling junta.  United Nations (UN) envoy, Ibrahim Gambari, stated that these arrests were "extremely disturbing."  He has called on junta to stop detaining democracy activists as the detentions conflict with Myanmar’s recent discussions with the UN. 

From mid-August to the end of September, Burmese monks and citizens were protesting daily against the junta government’s policies, in particular their repression of opposition opinion and their treatment of ethnic minorities.  The junta then violently ended these demonstrations, using tear gas and firing shots, causing many deaths and even more injuries.  In the continuing crack down over the past few weeks, the military has been taking monks from their monasteries and imprisoning various dissidents.  The arrests over the past weekend were the most recent actions taken by the Myanmar government.

According to the Burmese people, the concerns at issue during the protests are now more serious than ever.   For appalling stories of the suffering directly from the Burmese people, please see the recent New York Times article, found here.

After representing the UN in Myamar, Gambari began a six-state tour in Asia in hopes of encouraging Myanmar’s neighbors to take action against the junta.  The tour started with Thailand, and he will then travel to Malaysia, Indonesia, Japan, India, and China.  Afterwards he will return to Myanmar to follow up his previous visit.

Dissident leaders are requesting that Gambari return to Myanmar as soon as possible and try to get the prisoners released.  They would also like him to urge the junta to allow the International Committee of the Red Cross to visit prisons where people are reportedly not given sufficient water, food, and medical treatment.  They stress that Gambari and the UN should not just accept the junta’s promises to talk to opposition groups, but also follow up with international pressure-  they believe that the repression will not end unless the junta is forced to change its ways.

Within the European Union, foreign ministers have agreed to broaden current sanctions against the Myanmar government, especially in the lucrative areas of timber, metals, and precious stone exports.  They are also looking into further pressure on Myanmar’s neighboring countries, such as China and India.

Human rights groups are calling for an international arms embargo as well.  According to various reports, India is one of the largest suppliers of modern weapons to the Myanmar military, such as aircraft, tanks, and artillery- the types of weapons the junta uses when attacking ethnic villages and civilians in conflict areas.  According to Human Rights Watch, other suppliers include China, Russia, South Korea, North Korea, and Israel.

For more information, please see:

The Irrawaddy - Dissident Groups Want Gambari to be Tougher on Junta - 15 October 2007

BBC News - UN envoy condemns Burma arrests - 15 October 2007

New York Times - A Few Voices From the Deepening Silence - 14 October 2007

Impunity Watch - Myanmar Opposition Leader Dies in Custody - 11 October 2007

Human Rights Watch - Burma: Security Council Should Impose Arms Embargo - 10 October 2007

WITNESS- Shoot on Sight: The Ongoing Military Junta Offensive Against Civilians in Eastern Burma

Sri Lankan Human Right Activists Resign from Government Advisory Panel

By Kristy Tridhavee
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Four human rights activists resigned from a government advisory panel because they contend the government is more concerned with a military victory over Tiger rebels than with human rights violations. Sunila Abeysekera, Nimalka Fernando, Rohan Edirisinha and Paikiasothy Saravanamuttu wrote a letter to the Human Rights Minister Mahinda Samarasinghe, indicating their dissatisfaction with the government’s response to the panel.

The advisory panel was created by Human Rights Minister Mahinda Samarasinghe. Paikiasothy Saravanamuttu commented that the panel was only created to establish credibility with the international community.  In addition, the former panel members have reported the government has failed to take their recommendations seriously.

Rohan Edrisinha said, “We were not achieving anything.....We served the committee for one and half years, the human rights situation is getting worse."

Human Rights Minister Mahinda Samarasinghe expressed disappointment regarding the resignations, but also indicated that the panel was to continue with its remaining six members and that in the near future four members would be invited to fill the empty positions.

The Human Rights Watch organization has reported more than 11,000 disappearances from January 2006 to June 2007, and a number of them have gone unsolved. The Sri Lankan government contends that the reports are overblown and serve only to tarnish its image, believing them to be propaganda to aid Tiger rebels. The Tiger rebels have also been criticized for using children as combatants, forcibly recruiting adults, and targeting civilians.

The resignations come on the heels of the UN High Commissioner’s recommendation for a UN human rights monitoring mission. Sri Lanka has refused a monitoring mission within the country, reasoning it would be a violation of the country’s sovereignty.  Human Rights Minister Mahinda Samarasinghe said, “We are not willing to discuss in any way the U.N. presence in Sri Lanka for monitoring purposes, neither are we ready to discuss the opening of an office of the high commissioner in Sri Lanka.”

For more information, please see:

BBC – Sri Lankan Right Advisors Quit  – 15 October 2007

The Hindu – Members of Lankan Rights Panel Quit in Protest – 15 October 2007

Impunity Watch - Brief: UN Recommends Monitoring of Human Rights in Sri Lanka - 13 October 2007

Reuters - Sri Lanka Rights Advisors Quit Panel in Protest – 15 October 2007

Charges Dropped Against Thai Internet Blogger

By Kristy Tridhavee
Impunity Watch Reporter, Asia

BANGKOK, Thailand - Thai officials dropped charges against a blogger, who used the pseudonym Praya Pichai, after arresting him in August for violating the Computer Crime Act. Praya Pichai had been facing 10 years in prison for violating the law. Although charges were dropped, the blogger still is subject to close monitoring of his Internet usage.

Reporters Without Borders commented, “Even if the charges have been dropped, he has not been cleared. Anything he says or does on the Internet will be monitored for the next 10 years, during which he could be imprisoned if he posts another political comment on a website. Such control is excessive and his situation must therefore be clarified before more arrests occur."

The Computer Crime Act was passed under the military coup last July. The article states "whoever commits the following offences, shall be punished with imprisonment not exceeding five years and fine not exceeding one hundred thousand baht or both: 1) input, into computer systems, of forged computer data in whole or in part or false computer data in a manner likely to cause injury to another person or the public; 2) input, into computer systems, of false computer data in a manner likely to cause injury to national security or public disorder."

The enactment of the Computer Crime Act further limited already restricted Internet usage. Previously, the Ministry of Information and Communications Technology and the Royal Thai Police have monitored the content on the Internet 24 hours a day to find information considered to by offensive to the monarchy, threatening national security, disrupting public order, or being obscene. The organizations have given particular attention to political opinion boards and also have blocked access to certain webpages.

One year ago, a military coup ousted Thaksin Shinawatra government. Under the new regime, the military junta promised to protect human rights as it tried to restore a democratic government. Brad Adams, Asia director of Human Rights Watch, indicated that the change in regime has not been for the better however. He commented, “A major complaint about Thaksin was his muzzling of the media and willingness to limit free speech. The military-backed government promised a quick return to democracy, but it’s now attacking freedom of expression and political pluralism in ways that Thaksin never dared.”

For more information, please see:

Human Rights Watch - Thailand: Military-Backed Government Censors Internet – 24 May 2007

Prachatai - Alleged Cyber Offenders Go Free as the Prosecution Did Not Pursue the Case in Court – 14 October 2007

Reporters Without Borders - Charges Dropped against Blogger Who Was Arrested Under New Cyber-Crime Law – 12 October 2007

BRIEF: UN Recommends Monitoring of Human Rights in Sri Lanka

COLOMBO, Sri Lanka-Louise Arbour, the UN High Commissioner for Human Rights, has spent the last five days in Sri Lanka, at the end of which she recommended a UN human rights monitoring mission.

According to the BBC, the Tamil Tiger rebels, who are fighting in a civil war for an independent homeland for their Tamil minority, have been accused of using children as combatants, forcibly recruiting adults, and killing civilians. 

Arbour said that “the weakness of the rule of law and prevalence of impunity is alarming.  There is a large number of reported killings, abductions and disappearances which remain unsolved.”

The Sri Lanka government dismissed the UN High Commissioner and rejected that any monitoring mission take place.  Sri Lankan Human Rights Minister, Mahinda Samarasinghe, stated that “the government position is very clear.  We are not willing to discuss in any way the U.N. presence in Sri Lanka for monitoring purposes, neither are we ready to discuss the opening of an office of the high commissioner in Sri Lanka.”   

Arbour stated that with her visits with government officials they did tell her of their initiatives to address the allegations of human rights abuses; however she believes that “there has yet to be an adequate and credible public accounting for the vast majority of these incidents.”  Moreover she also stated that “in the absence of more vigorous investigations, prosecution and convictions, it is hard to see how this will come to an end.”

According the to New York based Human Rights Watch, more than 1,100 abductions or “disappearances” were reported between January 2006 and June 2007, with many of them blamed on the Sri Lanka government and its allies.

BBC-UN Concern over Sri Lanka Rights-13 October 2007

Associated Press- UN: More Rights Protections in Sri Lanka-13 October 2007

Reuters-Sri Lanka Rejects U.N. Rights Monitoring Mission-13 October 2007

Human Rights Watch-Sri Lanka’s Leader Takes a Step Backward on Human Rights-15 August 2007

Myanmar Opposition Leader Dies in Custody

By Juliana Chan
Impunity Watch Reporter, Asia

YANGON, Myanmar - A Myanmar opposition leader, Win Shwe, who was arrested September 26 during mass protests against the junta, died during interrogation by security forces.

The United States threatened new sanctions against Myanmar, demanding an investigation into Win Shwe's death.  Gordon Johndroe, a White House foreign affairs spokesman, condemned the opposition leader's death, saying "the junta must stop the brutal treatment of its people and peacefully transition to democracy or face new sanctions."  The United States Treasury Department already froze junta leaders' assets last month.  The European Union is considering expanding sanctions.

Win Shwe was arrested along with five colleagues on September 26 in the city of Mandalay during anti-junta protests.

Win Shwe, 42, was a member of opposition leader Aung San Suu Kyi's National League for Democracyv (NLD) whose party won a landslide democratic election in 1990.  The military junta rejected the results and Suu Kyi has spent almost twelve years under house arrest without trial. Furthermore, the security officers had been "threatening dissidents' relatives and neighbors in order to get information on the whereabouts of those involved in last month's pro-democracry protests."

The Thailand-based Assistance Association for Political Prisoners (AAPP), an organization run by former political prisoners of the regime said Win Shwe "died as a result of torture during interrogation."  The AAPP also reports that security forces have become more severe in raiding houses of, and searching for, anyone whom they suspect to have been involved in the protests.

During the biggest anti-junta protests in almost 20 years, the military regime says it arrested more than 2,000 people and about 1,000 people remain in custody.  In the midst of this, the junta's top general offered to meet with Suu Kyi last week.

For more information, please see:

Bloomberg - U.S. Demands Probe After Suu Kyi Ally Dies in Myanmar Custody - 11 October 2007

AP - Myanmar Dissident Dies Under Questioning - 10 October 2007

Reuters - Myanmar opposition leader tortured to death - group - 10 October 2007

Jurist - Myanmar protester dies after torture during interrogation: AAPP - 11 October 2007

Impunity Watch - Peace Talks and Outrage Surfacing in Myanmar - 11 October 2007

Peace Talks and Outrage Surfacing in Myanmar

By Amy Glasrud
Impunity Watch Reporter, Asia

YANGON, Myanmar-After a visit and recommendation from U.N. special envoy Ibrahim Gambari, Deputy Labor Minister Aung Kyi has been appointed “liaison minister” for the potential talks between Aung San Suu Kyi, leader of the National League for Democracy (NLD), and the military junta leaders.  Aung Kyi is a retired major general and has a reputation for being reasonable and accessible, which will be necessary if he is going to be successful in dealing with both the head junta leaders as well as dealing Aung San Suu Kyi.  Moreover, according to CNN, Aung Kyi also has the task of dealing with the International Labor Organization, and the accusations facing junta of using forced labor.  The NLD remain very cautious about the appointment of Aung Kyi, and are speculating that his appointment is just a means for the government to buy additional time and limit international outrage.

Last week the government announced that the junta’s leader, Senior Gen. Than Shwe would be willing to personally meet with Suu Kyi.  However, Senior Gen. Than Shwe declared that he would only hold the meeting if certain conditions were willing be met by Suu Kyi, including renouncing the international economic sanctions against the military regime.  The junta has declared that they would like to see “smooth relations” with Suu Kyi.  Suu Kyi has responded by stating that she will not allow for there to be any preconditions in the junta’s offer to meet with her.  The NLD stated that she rejected the deal because “the success of a dialogue is based on sincerity and the spirit of give and take.  The will for achieving success is also crucial and there should not be any pre-condition.” 

Furthermore, the Burmese are becoming enraged with China and their opposition in the UN as to what sanctions should be imposed on Myanmar.  According to the New York Times, China has signaled its “resolute opposition” to the UN imposing sanctions against the Myanmar government.  Spokesman for the Foreign Ministry, Liu Jianchao stated “any action adopted at the Security Council should be extremely prudent and responsible and helpful to the mediation efforts of the secretary general.”  Quickly there was outlash against China’s statements amongst the Burmese.  These statements were interpreted by many to be protecting the junta and keeping them afloat.  The first signs that the Chinese statements had flowed to the citizens were on Monday when shots were fired at a building housing the Chinese consulate in Mandalay.  There have not been any reports as to whether anyone was injured during Monday’s attack; however the Myanmar government saw this as embarrassment and had increased military presence in the streets.  The Burmese people refuse to let up despite the military presence, according to Asia News, rumors have begun to circulate that a general strike may in the works that would bring the capital city of Yangon to a halt. 

CNN (AP)- Junta Moves to Enter Suu Kyi Talks -9 October 2007

CNN (AP)- Myanmar Opposition Warns Against Attaching Strings to Talks -9 October 2007

USA Today (AP)- Burma’s Opposition: No Preconditions for Talks -9 October 2007

The New York Times- Myanmar Reaches Out to Dissident - 9 October 2007

BurmaNet News- Suu Kyi Rejects Burma Junta’s Preconditions on Peace Talks- 10 October 2007

The New York Times- China Opposes Sanctions on Myanmar - 10 October 2007

AsiaNews.it- Shots Fired at the Chinese Consulate in Mandalay, Burmese Angry at Beijing -9 October 2007

Indian Children Continue to Work 1 Year after Ban

By Kristy Tridhavee
Impunity Watch Reporter, Asia

One year after India enacted child labor laws, the situation of most young children working in the country has gone unchanged. The law enacted one year ago banned children under 14 years of age from working in dhabas, restaurants, hotels, and other hospitality sectors.

However, millions continue to do so according to a study by the Save the Children organization. According to official estimates, about 12 million children under 14 years of age work. NGO’s figures, however, estimate that about 20 million children are working.

Save the Children says that most of the children are subject routine abuse and unsafe work conditions. The organization rescued a 12 year old girl working as a maid for a five-member household. When dinner was delayed, her employer poured burning hot food on the girl’s hands. "Although she is 12, she looks like she could be eight or 10. Her eyes brimmed with tears as she showed me her burnt hands. She didn't cry, she's a very brave girl," said Ms. Anuradha Maharishi, a member of Save the Children.

Some of the key findings of the study on Child Domestic are: 

• 99% of child domestic workers in Delhi and 84% in Kolkata are girls.
• Most child domestic workers are young girls who come from poor families and are forced to work for up to 15 hours a day without breaks and little or no pay.
• 68% of the children surveyed have faced physical abuse and 46.6% of the children had faced severe abuse that have led to injuries.
• 32.2% have had their private parts touched by the abuser, 20% had been forced to have sexual intercourse.
• 50% of children do not get any leave in a year, 37% never see their families.
• 32% of families have no idea where their daughters are working, 27% admitted they know they were getting beaten and harassed.
• 78% of workers receive less than Rs. 500 per month.
• In Delhi, 49% earn 1000- 1500 in a month. 16.4% get less than that.
• 42.7% do not know or have not been given their present address.
• 35% are brought to Delhi by relatives, 2% through agents and 22% through known agents.  

The ban has had little effect because much of the work happens within private homes even though it promises punishments ranging from a jail term of three months to two years and/or a fine of 10,000 to 20,000 rupees ($225 to $450).

Although some activists praise the law for informing employers that it is illegal to employ young children, they also criticize the enforcement of the law. Since the enactment, there has been little police action to prosecute those that employ children. Nationwide only 2,229 violations have been reported and only 211 prosecutions taken place.

Most of the children come from poor rural families desperate to ease financial strains. The belief that employment is an acceptable solution for a child from an impoverished family persists in the country. Shireen Miller of Save the Children believes that the next step is a push to convince families that child labor is inherently wrong.

For more information, please see:

BBC News –Indian Children Work Despite Ban – 10 October 2007

International Herald Tribune - Letter from India: A Dismal Side of India, Where Child Labor Persists – 10 October 2007

Reuters Alert - One Year on from the Amendment to the Child Labour Act. Are Child Domestic Workers in India any Better? – 10 October 2007

Afghanistan Ends Three-Year Moratorium on Death Penalty

By Juliana Chan
Impunity Watch Reporter, Asia

KABUL, Afghanistan - Afghanistan executed 15 prisoners by gunfire ending a three-year moratorium on the death penalty.  This was the first time Afghanistan has used the death penalty in three years and the most to be put to death since the Taliban were toppled in 2001.

State television said that the fifteen people executed were involved in professional armed robbery, crime, kidnap, rape, the killing of Afghan security forces, and the killing of three foreign journalists.  Afghanistan President Hamid Karzai ordered the executions, in accordance with a review set up by a special commission to review rulings by the Supreme Court.

Officials say there were no Taliban or al-Qaeda fighters among the executed.

The United Nations has objected to the executions, preferring that Afghanistan maintain its moratorium.  Tom Koenigs, the head of the U.N. Assistance Mission in Afghanistan said he expects Afghanistan to continue working toward attaining the highest human rights standards and ensuring the due process of law and the rights of all citizens are respected.

Analysts say, however, the executions could complicate relationships between the government and some NATO nations with military forces in Afghanistan.  As the Associated Press reports, "Foreign troops often hand over captured militants to the Afghan government, raising the question of whether countries that do not use the death penalty might stop surrendering prisoners."

The executions took place on Sunday evening, and Humayun Hamidzada, a presidential spokesman, said that Afghanistan will continue to execute inmates on death row.  Hamidzada explains that this will be a lesson for those who are committing crimes like murder, kidnapping, adultery, and rape.

When Afghanistan's Taliban were still in power, the regime carried out executions in public, many of them at the Kabul stadium.  The new government "pledged to the international community it would halt executions."

For more information, please see:

The New York Times (AP) - Executions Break Afghan Moratorium - 09 October 2007

IHT - Afghanistan to carry out more executions of convicted felons, after 15 shot to death - 08 October 2007

AP - 15 Executions Break Afghan Moratorium - 09 October 2007

Bloomberg - Afghanistan's Execution of 15 Prisoners Is a Concern, UN Says - 09 October 2007

Reuters - Afghanistan executes 15, the first in three years - 08 October 2007

BBC - Fifteen executed in Afghanistan - 08 October 2007

North Korean Peace Deals Move Forward

By Juliana Chan
Impunity Watch Reporter, Asia

SEOUL, South Korea - Peace talks with North Korea have moved forward this week with two landmark accords concerning nuclear disablement and the strengthening of North and South Korea relations. 

South Korea's President Roh Moo-hyun's visit to Pyongyang for only the second summit between the two countries resulted in an eight-point agreement.  At the top of the agenda were military and business matters. 

Military-related matters included (1) setting up a peace and cooperation zone in the Yellow Sea, where the clashes of 1999 and 2002 took place; (2) a discussion by defense ministers regarding confidence-building measures in Pyongyang that will take place next month; and (3) commitments by both countries to build a permanent peace regime.

Business-related matters included (1) pledging to encourage investment, bolstering infrastructure and developing natural resources; (2) expanding the Kaesong industrial complex in the South that hires North workers to make export goods, including development of a cross-border freight train service to Kaesong; (3) developing the highway up to Pyongyang and the railway to Sinuiju on the China border for joint use; (4) building joint ship-building complexes on North Korea's west and east coasts; (5) making North Korea's southwestern port of Haeju a special economic zone.

Furthermore, Chinese Vice Minister of Foreigh Affiars Wu Dawei produced a statement from the six- party talks on the North Korea nuclear weapon issue.  Countries that participated in the talks included North Korea, South Korea, China, the United States, Japan, and Russia. 

The talks were held from September 27 to September 30 in Beijing.  The agreement sets forth a detailed timetable that North Korea will disable and eventually give up all of its nuclear activities. 

Additionally, the United States will lead and fund the disabling of three facilities in Yongbyon, including a five-megawatt plutonium reactor, reprocessing plant, and fuel rod factory.  The North has also committed to declare all of its nuclear programs by the end of the year.  Finally, in return North Korea will receive 1 million tons of heavy fuel oil, as noted in an earlier deal.  Washington has also promised to work towards removing North Korea from its list of state sponsors of terrorism and eventually normalizing diplomatic ties.

North Korea is expected to begin disabling its nuclear facilities in mid-October.

For more information, please see:

The New York Times - Korean Summit Results Exceed Low Expectations - 05 October 2007

Forbes - Korean Peace Process Leaps Forward - 08 October 2007

Impunity Watch - Korean Leaders Meet - 02 October 2007

AFP - NKorea's disablement to begin in mid October: report - 07 October 2007

IHT - North Korea shows firm commitment to nuclear deal, South Korean ex-minister says - 06 October 2007

IHT - US to send team to North Korea on Tuesday to start looking into reactor project - 05 October 2007