Impunity Watch: Asia

UPDATE: Vietnam Ends Adoptions with United States

HANOI, Vietnam – The Vietnamese government has decided to end its adoption agreement with the US after recent allegations of widespread corruption and baby-selling.

The Vietnamese government stated it will stop taking applications received after July 1^st, but it will continue to processing applications for families matched prior to that date. The end of the adoption agreement between the countries will close 42 adoption agencies operating in Vietnam.

Days earlier the US released a report accusing Vietnam of adoption fraud, baby-selling, and bribery. The US Embassy report described brokers coercing poor mothers in small villages, hospitals selling babies whose parents cannot pay their medical bills, a grandmother giving her grandchild up for adoption without the parents knowing, and cash-donations diverted for personal uses.

During the announcement, Head of Ministry’s Department for International Child Adoption, Vu Doc Long, noted that Vietnam law is quite “strict” and “transparent” in the adoption field. In an interview to the Vietnam News Agency a day earlier, Vu Doc Long also commented that the US report contained “slanderous” and “distorted” information.

For more information, please see: 

Impunity Watch – United States Accuses  Vietnam of Widespread Adoption Fraud  - 25 April 2008

The Washington Post – US Allegations Prompts Vietnam to Halt Adoption Program – 29 April 2008

VietNam Net – Vietnam Not to Renew Adoption Agreement with US – 30 April 2008

BRIEF: Shaky Pakistan Coalition Government Holds Talks on Judges

Photo - Coalition leaders Sharif and Zardari - BBC/AFP

ISLAMABAD, Pakistan - Pakistan's coalition government leaders are meeting today to discuss reinstating the judges fired by President Pervez Musharraf during his declaration of emergency rule in late 2007.  By removing the judges, many believe Musharraf greatly abused his power and it has been a significant issue in Pakistani politics since.

When the coalition was formed in February after the parliamentary election (see Impunity Watch article here), it vowed to reinstate the judges by the end of April.  However, the coalition parties are struggling to resolve their differences and thus have not been able to reach a conclusion.  Analysts believe that the shaky coalition's future rests on its ability to resolve this problem, and the future of Pakistan's democracy is strongly connected to the coalition.

For more information, please see:

BBC News - Crisis talks over Pakistan judges - 30 April 2008

Impunity Watch - UPDATE: Pakistan Opposition Parties Form Coalition Government - 22 February 2008

International Herald Tribune - Pakistan's leaders close to deadline in talks on reinstating sacked judges - 30 April 2008

UPDATE: EU Keeps Uzbek Sanctions Suspended

TASHKENT, Uzbekistan - After reviewing sanctions placed on Uzbekistan for human rights violations surrounding the Andijan Massacre in 2005 (see Impunity Watch article here), the EU has decided to keep the sanctions suspended.  EU foreign ministers remain seriously concerned about human rights protections in Uzbekistan, but believe the sanctions should remain suspended due to progress made by the government by abolishing the death penalty and releasing some rights activists.

For more information, please see:

Impunity Watch - BRIEF: EU Reviews Sanctions on Uzbek Government for Human Rights Violations - 29 April 2008

Reuters - EU keeps sanctions on Uzbekistan suspended - 29 April 2008

BRIEF: EU Reviews Sanctions on Uzbek Government for Human Rights Violations

TASHKENT, Uzbekistan - This week, the European Union (EU) begins its twice-yearly review of the current sanctions placed on Uzbekistan and it will decide whether the current suspension on those sanctions should continue.  The sanctions were originally instated in response to the Andijan Massacre, an incident in 2005 when the Uzbek government fired into a crowd of protesters, killing hundreds and then allegedly hiding the bodies in mass graves.

When the EU originally placed sanctions on Uzbekistan, it had also demanded that an independent international investigation be conducted.  The investigation has not yet taken place.

As the sanction review takes place this week, human rights organizations are demanding that the EU reinstate sanctions, assure that an investigation take place, and remember why they imposed sanctions initially.  They point out that if the EU does not do these things, it will be condoning impunity in Uzbekistan. 

However, many expect that the suspension on the sanctions will continue due to recent positive steps taken by the Uzbek government.  If that is true, then the sanctions will likely become insignificant as they expire in October 2008 and will not likely be renewed due to the lack of support by many EU states.

"The EU cannot forget why it imposed sanctions on Uzbekistan in the first place – to push for an independent investigation of the killing of hundreds of people protesting against the government," stated Natalia Alonso, Deputy Director at Amnesty International's EU office.  She noted that three years had passed and the "families of the [Andijan] victims are still waiting for justice."

For more information, please see:

Amnesty International - Uzbekistan: EU must not forget the mass killings of Andizhan - 28 April 2008

Human Rights Watch - Keep the Momentum for Rights Reform in Uzbekistan - 26 April 2008

Human Rights Watch - The Andijan Massacre

Overseas Activists Say No to Myanmar Constitution

By Ariel Lin
Impunity Watch Reporter, Asia

YANGON, Myanmar - In Myanmar's largest city, security was tightened as rumors spread that pro-democracy activists would launch protests against an upcoming referendum on a draft constitution.  Riot police and junta supporters carrying batons were deployed at major road junctions and Buddhist monuments.  Dissidents in Myanmar and exile groups have urged voters to vote against the constitution, saying it is merely a ploy to perpetuate more than four decades of military rule.

Hundreds of Myanmar nationals living overseas said "No" to the country's proposed new constitution. In Singapore, about 500 Myanmar nationals wearing red or t-shirts with the word "No", gathered outside the Myanmar embassy to protest against the country's proposed new constitution.  They were prevented from voting on their country's draft constitution when they refused demands from embassy personnel to remove T-shirts.  "It's a sham referendum," said Myo Mying Maung, spokesman for the Overseas Burmese Patriots.  He urged everyone to vote 'no' "because the draft constitution is for a sham democracy".  A  student said. "It's not for a true and real democracy as all the terms in the constitution are biased toward the military regime."

In Tokyo, at least 150 Myanmar citizens were protesting at the Burmese embassy, demanding that all Burmese expatriates be allowed to vote in the referendum.  Several demonstrators were injured and one man arrested during scuffles with Japanese police.  In Thailand, the demonstrators, organized by the Joint Action Committee for Democracy in Burma, chanted slogans against the May 10 referendum. Protest organizers called the vote a ploy to help Burma's ruling generals keep their grip on power.

Meanwhile, the European Parliament is scheduled to hold a debate on Burma this week in Strasbourg and will vote on a new resolution which would exert more pressure on the Burmese military junta, according to the parliament’s official website.  These measures included a ban on the import of gemstones, timber and precious metal.

For more information, please see:

AP - Security tightened in Myanmar amid possible demonstration - 27 April 2008

AFP - Myanmar nationals in Singapore signal 'no' as they wait to vote - 27 April 2008

Bangkok Post - Burma bars anti-constitution group from voting - 27 April 2008

Bloomberg - Myanmar Nationals in Singapore, Indonesia Vote on Constitution - 27 April 2008

Reuters - Myanmar nationals protest constitution in Singapore - 27 April 2008

BRIEF: Ho Chi Minh Police Arrest Pro-Democracy Activists

HANOI, Vietnam - In 2006 three men were arrested by the Ho Chi Minh police in Vietnam for demonstrating against the Communist government and calling for civil liberties and democracy in Vietnam.  The three men are members of what has been named the Bloc 8406 group.  This group is named after the day April 18, 2006, when its founding members were arrested for posting pro-democracy writings on-line.  The group has been outlawed by the Vietnam government.

The three men, Pham Ba Hai, Nguyen Ngoc Quang and Vu Hoang Hai, have received terms of 2-5 years of jail time by the Ho Chi Minh City People's Court.  The Vietnam News Agency and other state-controlled media outlets have reported that the three men were charged with posting documents online that, "distorted history, attacked administrations and tarnished the party and state officials, and incited people to protest."

More recently, Vietnamese blogger, Nguyen Van Hai, was arrested under charges of "tax evasion."  Hai is a pro-democracy activist who has reported on the protests against the Olympic torch relay.  Hai is part of a larger network of bloggers called the Union of Independent Journalists.  Other members of this group have been calling protests during the upcoming torch relay and have helped to organize demonstrations against China's claim of sovereignty over the Paracel Islands.

For more information, please see:

Macau Daily Times - Vietnam Jails Three Pro-Democracy Activists - 27 April 2008

Bangkok Post - Vietnam Arrest Blogger for Reporting Torch Protests - 27 April 2008

BRIEF: Bangladesh Tribal Villages Destroyed

DHAKA, Bangladesh – Bengali settlers destroyed seven tribal villages belonging to the Jumma tribal people in the Chittagong Hill Tracts region in Bangladesh.

According to the rights group Survival International, "Jumma villagers, including women and children, were beaten in the attack and their belongings looted. One hundred houses were destroyed and the Jumma villagers have fled into the surrounding forests. Bengali setters were also injured."

Violence in the area increased after the army-backed Bangladesh government took power in January 2007. Several tribal groups have demanded implementation of a December 1997 treaty that had ended a 20-year uprising for autonomy. The government had promised regional councils that it would withdrawal of troops. Although about seventy military camps have moved, hundred remain. Over 2,500 people have been killed in clashes between supporters and opponents of the treaty during the last two decades. Opponents believe that the treaty does not give sufficient autonomy.

For more information, please see:

AFP – Tribal Villages Torched in Bangladesh: Officials – 26 April 2008

Recent Audit of Khmer Rouge Tribunal Shows Improvements

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

PHNOM PENH, Cambodia – After allegations of kickbacks and malpractice, a recent audit of the Khmer Rouge Tribunal shows that there have been significant improvements in management and steps have been taken to reform procedures.

Jo Scheuer, the country director for the U.N. Development Program, said a recent audit showed “significant improvements,” and there were “no questionable financial transactions, misallocated resources and no incomplete or missing documentation in support of disbursements” of money since 2006. Jo Scheuer also added that there was “no conclusive evidence” to support allegation of kickbacks in exchange for jobs with the tribunal.

The positive audit is to serve as a reassurance to potential international financial backers of the tribunal. Rafael Dochao Moreno, charge d'affaires of the European Commission's mission to Cambodia, said, “This special review has shown that we (now) have a system that can work.” Tribunal administrative director Sean Visoth added, “With the results of the special review we are sharing with you today we can finally close this chapter and move on to continue the very positive achievement the (court) has made in discharging its historic mandate.”

The Khmer Rouge Tribunal is in need of funds to continue proceedings. Although five former Khmer Rouge regime leaders have been charged and arrested, trials have yet to begin. With an original budget of $56.3 million, the tribunal’s costs have soared as a result of undue delays and political wrangling. The decade long delay has caused costs to rise to about $170 million. Presently, the Khmer Rouge Tribunal has sufficient funds until September.

Recently, French Human Rights Minister Rama Yade announced that France will donate an additional $1 million in funds to the tribunal to help with its financial troubles. The recent contribution is in addition to a previous $5 million donation France gave when the tribunal first appealed for financial help. French Human Rights Minister Rama Yade commented, “One of the priorities for French diplomatic action abroad is international justice and the fight against impunity.” She added, “Human rights should not just be words.”

For more information, please see:

AFP – Cambodian Genocide Tribunal Denies Financial Mismanagement – 25 April 2008

The China Post – France Pledges Extra US $1mil. to Cambodian Genocide Court – 26 April 2008

International Herald Tribune – Audit Says Management of Cambodian Tribunal Has Improved Since Call for Reforms – 25 April 2008

United States Accuses Vietnam of Widespread Adoption Fraud

 By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

HANOI, Vietnam – In a recent report from the US Embassy in Vietnam, Vietnam orphanages are accused of paying parents for their children and accepting babies that were not given up knowingly.

The report describes adoption brokers coercing poor mothers in small villages, hospitals selling babies whose parents cannot pay their medical bills, and a grandmother giving her grandchild up for adoption without the parents knowing.

Some brokers offer $450 to birth mothers for their babies, which is a year’s salary for most. In another instance, hospital officials turned over a baby for adoption because a mother could not afford to pay her $750 hospital bill. The large medical bill was purposely inflated by the hospital. In one case, a grandmother, who was taking care of her grandchild for weeks while the mother worked in another province, gave the child up for adoption.

The corruption and fraud in the Vietnamese adoption system stems from the donations foreign adoption services provide the local orphanages. Vietnamese law requires foreign adoption services provide funding to Vietnamese orphanages in exchange for adoption referrals from that orphanage. Typically, there is a set proportion of children for donations.

The report alleged that cash and in-kind donations from adoption services have been diverted by local orphanage officials to personal uses—such as private cars, jewelry, and a commercial real estate development.

The US Embassy report comes at a time when adoptions from Vietnam have jumped. In the last 18 months 1,200 Vietnamese children were adopted. Eight hundred and twenty-eight of the children were adopted by American families, which is a surge of more than 400 percent from the year before.

US law requires that the children be knowingly put up for adoption or be reported as abandoned. If the child is reported as abandoned, it is impossible to know if the children are genuine orphans. In 2003, 20 percent of adoptions were reported as abandonments. Now they make up 85 percent of adoptions.

The United States is asking for stronger regulations that include DNA tests for birth mothers and permission for surprise investigations in provinces that arrange US adoptions. Vietnamese officials, however, say that those regulations are unacceptable because adoption in Vietnam is a very private matter, and Vietnamese authorities should take part in any investigation.

Vu Duc Long, director of the Department of International Adoptions, commented, “The American side is trying to make it seem like this agreement is ending because of violations by the Vietnamese side. It's not fair for them to blame us.”

For more information, please see:

AP – US Alleges Baby-Selling in Vietnam – 25 April 2008

TOP News – US Reports Adoption Fraud Widespread in Vietnam - 25 April 2008

VOA News – US Finds Fraud in Vietnam Adoptions – 25 April 2008

Chinese arms shipment to Zimbabwe Heads Back to China

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China - A Chinese ship that was carrying three million rounds of assault rifle ammunition, 3,000 mortar rounds and 1,500 rocket-propelled grenades to Zimbabwe is being brought back to China, the Chinese government said today.  The ship, identified as the An Yue Jiang and belonging to COSCO, a state-owned shipping firm, was forced to abandon plans to unload in the South African port of Durban last week.

The news comes after the United States urged countries in southern Africa — particularly South Africa, Mozambique, Angola and Namibia — not to allow the ship to dock or unload.  It also asked China to withdraw the weapons shipment and halt further arms shipments to Zimbabwe until the post-election crisis is resolved.

However, the Chinese Foreign Ministry spokeswoman Jiang Yu said, "The cargo was not unloaded because the Zimbabwe side failed to receive the goods as scheduled, so the Chinese company made the decision according to this situation."  She also reiterated the shipment was a purely commercial transaction that did not break any laws or international obligations and had nothing to do with the ongoing political crisis. 

The Chinese ship has sparked international condemnation for attempting to transport weapons to Zimbabwe that could be used to crackdown on Zimbabwe’s political opposition. China’s decision to turn the ship around was welcomed by the dockworkers, trade unionists, religious leaders, Western diplomats, and human rights workers. 

China is a major supporter of Zimbabwe's ruler Robert Mugabe, who has touted a "look East" policy of closer cooperation with China.  However, Beijing has shown signs of increasing embarrassment over its association with Mugabe.  Last year, China said that it had decided to halt all assistance to Zimbabwe except humanitarian aid. It was unclear if the contract of the weapons trade was signed before that pledge.

For information, please see:

AFP - Chinese arms shipment to Zimbabwe turning back: Beijing - 24 April 2008

AP - Zimbabwe arms deal is off - China - 24 April 2008

New York Times - Zimbabwe-Bound Ship Heads Back to China - 24 April 2008

Reuters - China says arms bound for Zimbabwe to be recalled - 24 April 2008

Wall Street Journal - China defended its arms shipments to Zimbabwe - 24 April 2008

XinHua - China arms trade conforms to laws, int'l obligations - 24 April 2008