http://www.survival-international.org/news/4403
'Mine: Story of a Sacred Mountain', featuring the Dongria Kondh, narrated by Joanna Lumley.
British actress Joanna Lumley has narrated a new film for tribal rights charity Survival International. ‘Mine: story of a sacred mountain’ reveals the hidden story of the remote Dongria Kondh tribe in India and their battle to stop a vast bauxite mine destroying their land and way of life.
Vedanta Resources, a British company, plans to dig a vast open-cast bauxite mine in the Niyamgiri Hills in Orissa which will destroy the forests that the 8,000 Dongria Kondh rely on for their food and way of life. The Dongria worship the mountain as a living God, and are determined to save Niyamgiri from becoming an industrial wasteland. Vedanta is majority-owned by Indian billionaire Anil Agarwal.
The film will be premiered at the House of Commons on Wednesday 1 April at 1.30pm, at a screening organized by the All Party Parliamentary Group for tribal peoples and Survival International.
Joanna Lumley, who was born in India, said today, 'It greatly disturbs me that a British company will be responsible for the destruction of these wonderful people. I urge the public to support the Dongria, who simply want to be allowed to live in peace. Unlike so many of India's rural poor, the Dongria Kondh actually live very well in the Niyamgiri hills, and it's a terrible irony that what Vedanta is proposing to do in the name of 'development' will actually destroy this completely self-sufficient people.'
Stephen Corry, director of Survival International, said today, 'For the sake of the Dongria Kondh, Vedanta must scrap their plans to mine the Niyamgiri Hills. It will be an incredibly destructive project, and Vedanta is now facing a barrage of calls for them to think again. Shareholders in Vedanta need to be aware that their money could be responsible for the destruction of the Dongria people.'
For more information please contact Miriam Ross at Survival International on (+44) (0)20 7687 8734 or (+44) (0)7504 543 367 or email mr@survival-international.org
http://www.alrc.net/doc/mainfile.php/documents/550/
The AHRC is happy to announce that this book by one of the world’s best known authorities in the field of human rights is now available in our website by the kind permission of the author.
Dr. Bertrand Ramcharan who was the UN High Commissioner for Human Rights from 2003 to 2004 has a long track record of involvement in the human rights field and this book gives a short introduction to his long and colourful career. He joined the United Nations Human Rights Division in 1973 and served in various capacities and reached the position of Deputy Commissioner of Human Rights before finally taking the position of the High Commissioner. Commenting on the contribution of the United Nations in these years Dr. Ramcharan writes,
How would I assess the past four decades of a United Nations human rights journey? To me, the single most important contribution of the United Nations is to have brought about acceptance by Governments world-wide that they are accountable for upholding international human rights standards. This is not to say that the standards are respected in practice. Far from it. Violations of human rights are rampant in the world. But no Government, as far as I am aware, denies the validity of international human rights. It was not always thus. The former communist countries held that human rights were granted by the State. This is no more. Different groups of countries have, in the past, made special pleadings on grounds of culture or religion. This is still done occasionally, but against the background of the validity of international human rights. All countries now accept, with varying shades of sincerity admittedly, that they must strive to implement human rights at home, that they must work for the establishment or strengthening of national protection systems. The concept of the national protection system, with whose origins and articulation I have been closely associated, is, in my view, strategically the most important concept to guide human rights endeavour in our times.
He writes touchingly about those who influenced him in the field of human rights such as Dr. Theo C. Van Boven, perhaps the most important leader in the human rights field in the 20th century. Though Mr. Van Boven was treated as a controversial figure due to his far sighted vision and courageous reports at one time, he certainly contributed enormously to bring respect to human rights as a fundamental concern of the United Nations as well as human kind. Some others mentioned are Marc Schreiber, the director of the Human Rights Division at the time whose vision also contributed to the shaping of the human rights mission of the United Nations. Dr. Ramcharan also writes of Kamleshwar Das who was his first section chief as a great practitioner and teacher. These personal reminiscences help the reader to understand what happened in an inner circle which initiated much of what is now known as activities of the human rights field.
The chapter on the introduction of the petition process within the United Nations also highlights the quest for the implementation as different to promotion that has concerned those who are involved with human rights in these years. The pioneering country investigation in Chile in 1975 tells of another area of human rights work which is now a familiar part of the human rights landscape. The chapter on the quest for implementation is a very informative chapter on the shift from mere promotion to protection in the human rights field. The chapter on the first thematic investigation into disappearances highlights the debate on this issue and also the background for the development of the International Working Group on Disappearances. The chapters on the first thematic Rapporteur on Arbitrary Executions, the declaration on human rights defenders, the African commission on human rights and people’s rights, the Asian commission?, a historical breakthrough on the working group on indigenous populations, national institutions for the promotion and protection of human rights and the second thematic Rapporteur on torture are among many other similar chapters which give a lot of inside information on the developments within the human rights field.
The following conclusion at the end of the book makes several observations which should receive the careful attention of all practitioners in the field of human rights.
How is one to conclude this story of an extraordinary human rights journey at the United Nations? The peasant boy, had secured an education, found love, started at the bottom of the ladder in the United Nations and risen to the position of Under-Secretary-General and High Commissioner for Human Rights. In the journey of four decades he had pressed hard to develop the capacity of the United Nations to protect human rights and had made some contributions to this quest.
The first observation to make is about love: love of parents, love of a spouse, love of a son and love of family. The comfort of love sustained the effort. A face and character inspired a man.
The second observation to make is about teachers: one had had great teachers throughout this journey. One was beckoned throughout to higher ground.
The third observation to make is about friendship. The friendship, support and dedication of close friends had sustained one and given common cause in the quest for protection. My Icelandic friend Jakob Moller will understand me without any more words.
The fourth observation to make is about partnership. The human rights endeavour is about partnership among delegates, international officials, NGO representatives, academics, and human rights leaders and defenders. Their impulses provided the stimulus for many thoughts and initiatives.
The fifth observation to make is about persistence. There were many low points on this journey, especially when sanctimonious governments failed to rise to the challenge of protection. But one never gave up. To despair was to be unprofessional. Idealism must be professionalized. One just kept going.
The sixth observation is about belief. One had inherited a noble cause. One had sat at the feet of the first generation of United Nations human rights leaders, had become part of the second generation of human rights officials, and had had the good fortune of working with the third generation. One was inspired by all three of these generations and one never lost belief.
The seventh observation is about building blocks: one sought to add a new building block to protection whenever the opportunity presented itself. We have as yet only a few building blocks. But we are adding them one at a time. Human rights will prevail.
The final observation is about passion. One had walked the human rights journey at the United Nations with passion. Passion matters in human rights protection! It was a gift from on high to have been allowed to walk this human rights journey at the United Nations and to have been part of the quest for effective protection of human rights world-wide!
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367
Indiscriminate Attacks Caused Needless Civilian Suffering
March 25, 2009
"For the needless civilian deaths caused by white phosphorus, senior commanders should be held to account."
Fred Abrahams, senior emergencies researcher at Human Rights Watch and co-author of the report
(Jerusalem) - Israel's repeated firing of white phosphorus shells over densely populated areas of Gaza during its recent military campaign was indiscriminate and is evidence of war crimes, Human Rights Watch said in a report released today.
The 71-page report, "Rain of Fire: Israel's Unlawful Use of White Phosphorus in Gaza," provides witness accounts of the devastating effects that white phosphorus munitions had on civilians and civilian property in Gaza. Human Rights Watch researchers in Gaza immediately after hostilities ended found spent shells, canister liners, and dozens of burnt felt wedges containing white phosphorus on city streets, apartment roofs, residential courtyards, and at a United Nations school. The report also presents ballistics evidence, photographs, and satellite imagery, as well as documents from the Israeli military and government.
Militaries use white phosphorus primarily to obscure their operations on the ground by creating thick smoke. It can also be used as an incendiary weapon.
"In Gaza, the Israeli military didn't just use white phosphorus in open areas as a screen for its troops," said Fred Abrahams, senior emergencies researcher at Human Rights Watch and co-author of the report. "It fired white phosphorus repeatedly over densely populated areas, even when its troops weren't in the area and safer smoke shells were available. As a result, civilians needlessly suffered and died."
The report documents a pattern or policy of white phosphorus use that Human Rights Watch says must have required the approval of senior military officers.
"For the needless civilian deaths caused by white phosphorus, senior commanders should be held to account," Abrahams said.
On February 1, Human Rights Watch submitted detailed questions to the Israel Defense Forces (IDF) about its white phosphorus use in Gaza. The IDF did not provide responses, citing an internal inquiry being conducted by the Southern Command.
In the recent Gaza operations, Israeli forces frequently air-burst white phosphorus in 155mm artillery shells in and near populated areas. Each air-burst shell spreads 116 burning white phosphorus wedges in a radius extending up to 125 meters from the blast point. White phosphorus ignites and burns on contact with oxygen, and continues burning at up to 1500 degrees Fahrenheit (816 degrees Celsius) until nothing is left or the oxygen supply is cut. When white phosphorus comes into contact with skin it creates intense and persistent burns.
When used properly in open areas, white phosphorus munitions are not illegal, but the Human Rights Watch report concludes that the IDF repeatedly exploded it unlawfully over populated neighborhoods, killing and wounding civilians and damaging civilian structures, including a school, a market, a humanitarian aid warehouse, and a hospital.
Israel at first denied it was using white phosphorus in Gaza but, facing mounting evidence to the contrary, said that it was using all weapons in compliance with international law. Later it announced an internal investigation into possible improper white phosphorus use.
"Past IDF investigations into allegations of wrongdoing suggest that this inquiry will be neither thorough nor impartial," Abrahams said. "That's why an international investigation is required into serious laws of war violations by all parties."
The IDF knew that white phosphorus poses life-threatening dangers to civilians, Human Rights Watch said. A medical report prepared during the recent hostilities by the Israeli ministry of health said that white phosphorus "can cause serious injury and death when it comes into contact with the skin, is inhaled or is swallowed." Burns on less than 10 percent of the body can be fatal because of damage to the liver, kidneys, and heart, the ministry report says. Infection is common and the body's absorption of the chemical can cause serious damage to internal organs, as well as death.
If the IDF intended to use white phosphorus as a smokescreen for its forces, it had a readily available non-lethal alternative to white phosphorus - smoke shells produced by an Israeli company, Human Rights Watch concluded.
All of the white phosphorus shells that Human Rights Watch found were manufactured in the United States in 1989 by Thiokol Aerospace, which was running the Louisiana Army Ammunition Plant at the time. On January 4, Reuters photographed IDF artillery units handling projectiles whose markings indicate that they were produced in the United States at the Pine Bluff Arsenal in September 1991.
To explain the high number of civilian casualties in Gaza, Israeli officials have repeatedly blamed Hamas for using civilians as "human shields" and for fighting from civilian sites. In the cases documented in the report, Human Rights Watch found no evidence of Hamas using human shields in the vicinity at the time of the attacks. In some areas Palestinian fighters appear to have been present, but this does not justify the indiscriminate use of white phosphorus in a populated area.
Human Rights Watch said that for multiple reasons it concluded that the IDF had deliberately or recklessly used white phosphorus munitions in violation of the laws of war. First, the repeated use of air-burst white phosphorus in populated areas until the last days of the operation reveals a pattern or policy of conduct rather than incidental or accidental usage. Second, the IDF was well aware of the effects of white phosphorus and the dangers it poses to civilians. Third, the IDF failed to use safer available alternatives for smokescreens.
The laws of war obligate states to investigate impartially allegations of war crimes. The evidence available demands that Israel investigate and prosecute as appropriate those who ordered or carried out unlawful attacks using white phosphorus munitions, Human Rights Watch said.
The United States government, which supplied Israel with its white phosphorus munitions, should also conduct an investigation to determine whether Israel used it in violation of the laws of war, Human Rights Watch said.
http://www.phr.org.il/phr/article.asp?articleid=702&catid=55&pcat=-1&lang=ENG
Physicians for Human Rights-Israel in a Report on Medical Ethics during the War on Gaza: "The Military repeatedly violated Codes of Medical Ethics during the Gaza Offensive"
Prevention of medical assistance from the trapped and the wounded, severe difficulties to emergency medical evacuation, attacks on medical personnel and medical facilities, and de facto prevention from the chronically ill and gravely wounded referral to medical care outside Gaza. "We call for an outside independent body to investigate the events" say representatives of Physicians for Human Rights-Israel.
The new report, published today by Physicians for Human Rights-Israel, gives room for concern that during the operation in Gaza, Israeli soldiers repeatedly acted in violation of the army's code of ethics, the medical code of ethics, and basic human values. These actions suggest repeated violations of the International Law regarding the treatment of the ill and the wounded and the protection of medical personnel.
The report examines six topics: the situation of the Gaza health system on the eve of the military operation, the difficulties in evacuating the wounded to medical centers outside Gaza, attacks on medical personnel, difficulties in internal evacuation of the wounded, attacks on medical facilities and injury to chronic and acute patients.
Based on numerous first hand testimonies that were brought to the attention of PHR-Israel during the attack, the report depicts a grave picture of the realities in Gaza during those 22 days. In some of the cases revealed to PHR-Israel, the army did not allow for the evacuation of wounded and trapped civilians for days on, leaving them in isolated pockets with no access to food, water and medical treatment. The army did not assist these civilians but even more, it prevented the Palestinian emergency vehicles and staff from reaching these civilians. In other cases, the soldiers did not give medical assistance to wounded human beings that were within several feet from the soldiers. This, in serious violation of the army's Ethical Code for the War on Terror of 2004 that states that "soldiers are obliged to provide adequate health services, as conditions allow, equally to themselves and to the enemy."
PHR-Israel received reports of 16 medical personnel that were killed and 25 that were wounded from the Israeli army's fire, all of them while performing their medical duties. Furthermore, 34 medical facilities were hit by the army, eight hospitals and 26 primary care clinics; this in severe violation of directives of international law that forbid attacks on medical personnel and medical facilities in times of fighting.
Prevention of evacuation and assistance for the wounded
On January 3 the house of the al'Aiedi family, situated in the south east of Gaza City, sustained missile fire from which 6 of the twenty members of the family were wounded. Attempts to leave the house were repeatedly met by artillery fire. Upon receiving notification of the event, on the morning of January 4, PHR-Israel contacted the army and tried to coordinate the evacuation of the family but to no avail. For six days, the army prevented the evacuation of the family, prevented ambulances from approaching the area, and did not provide food and water to the family or medical assistance to the wounded. On January 6, two of the wounded were able to leave their house, holding a white flag, and were compelled to walk for 2 kilometers until reaching an emergency vehicle. The other wounded were too weak to follow them. Only on January 10 were the family members able to leave their house walking and carrying their wounded.
On January 16 at approximately 2 in the afternoon three members of the Shurrarb family, the father and two sons were hit by automatic fire on their car as they were trying to gather supplies during the humanitarian ceasefire. One son was almost immediately killed, the second son was wounded in the leg and the father of was lightly injured by shrapnel. Soldiers besieged the area around the car. PHR-Israel's requests to the army to assist or evacuate the wounded were not addressed and the injured son, with no medical assistance, was losing considerable amounts of blood. At midnight the father informed PHR-Israel that his second son had bled to death. Mahmud, the father, told PHR-Israel's representative that his son cried and asked him to call an ambulance and that the soldiers at the location cursed him and threatened that if he did not put down his cell phone, they would shoot him. Mahmud and the bodies of his two children were evacuated on January 17 at 12:00 in the afternoon, 24 hours after the shooting incident
Attacks on Medical Personnel
The report details 12 incidents, including occurrences in which helicopters and tanks fired on ambulances and medical personnel. In other instances medical teams were turned away by soldiers from areas that they reached to treat the wounded
.
On December 31 a helicopter hit a medical team that had set out to offer help to a bleeding injured person in the northeast Gaza Strip. The doctor, the paramedic, and the wounded person they had gone to help were killed.
On January 10th five Red Crescent ambulances and a Red Cross car entered the Al-Atatra neighborhood and tank fire erupted in their direction. An ambulance driver and paramedic were injured and the medical team left without evacuating the wounded.
The report further shows that though the Israeli health system was prepared and able to receive the wounded from the Gaza Strip only few were actually referred to Israel for treatment. The closing of the crossings, bureaucratic obstacles put forward by Israel, the collapse of the coordination system, and later, the refusal of the Palestinian Authority and the Hamas to refer the wounded to Israel resulted in the fact that during the 22 days of the offensive, 6 out of 5380 wounded people received medical treatment in Israel.
The report calls the army to reiterate to its soldiers the protection granted under international law to medical personnel performing their duties and must prosecute those who violate these provisions.
Furthermore, because the testimonies indicated that the violations were neither individual nor isolated incidents, PHR-Israel convened an independent committee of international experts on forensic medicine and public health, who worked in the Gaza Strip collecting additional testimonies, examining the extent of the incidents and investigating suspicions of violations of medical ethics, the army's ethical code and international law. This report is expected to be published by the committee on April 6. 2009.
Physicians for Human Rights – Israel argues that the attack on Gaza revealed a stark decline in IDF morals concerning the Palestinian population of Gaza, which in reality amounts to a contempt for Palestinian lives The army's repeated promises to the High Court to look into attacks on medical teams and medical centers have gone unfulfilled, and there are suspicions concerning its seriousness and readiness to carry out the matter. . PHR-Israel therefore believes it is critical that the investigation of the attack on Gaza is completed by a neutral, external investigator without ties to the Israeli army.
In the absence of a proper Israeli investigation, PHR-Israel demands that a neutral, independent international body carry out a thorough investigation. Should this investigation find Israel had violated the International Law, the Customary Law and the Israeli Law, those responsible for these violations should be brought to justice and Israel should be held responsible for the rehabilitation of the victims of these violations.
For additional details contact Ran Yaron,: 972547577696 ranyaron@phr.org.il.
http://www.bianet.org/english/kategori/english/113147/435-though-crimes-in-turkey-in-2008
Bia Media Monitoring Report 2008 Summary
435 "Thought Crimes" in Turkey in 2008
In 2008, the political landscape in Turkey became more polarised and the
Kurdish question remained unresolved. Both government and army displayed
intolerance toward criticism of their performance and questioning of rights
violations. Freedom of expression and of the press both took a considerable
step backwards.
In the last year, 82 people were tried under the controversial Article 301,
concerned with the "denigration" of the state and state organs; five people
were convicted.
"Insult" cases on the rise
Twenty-three people stood accused of "inciting hatred and hostility among
people". Seventy-four -among them, four caricaturists and 47 journalists-
were tried for "insulting" others. In total, the compensation claims in
these insult cases amount to 1,885,500 TL (approx. 855,711 euro).
One of the claimants is Prime Minister Recep Tayyip Erdogan, who has
targeted the Dogan Media Group, publicly saying, "Do not buy these
newspapers." Claims by him and his family have resulted in the convictions
of Perihan Magden ("Radikal" newspaper), Cemal Subasi ("Tempo" magazine)
and Mehmet Cagcag ("Leman" satirical magazine). He is also claiming
compensation from Melih Kaskar ("Milas Onder" newspaper).
It is thus not surprising that Turkey is ranked 102nd out of 173 countries,
according to Reporters Without Borders' (RSF) Freedom of the Press Index.
BİA Media Monitoring Report
The BIA annual media monitoring report provides information on 506 court
cases, in which a total of 854 people from 305 newspapers were affected.
This number shows that social tensions are rising. A total of 435
journalists, writers, publishers, human rights activists, politicians and
children were taken to court in 2008 because of their opinions. In 2007,
this number
stood at 254.
The 113-page annual BIA Media Monitoring Report recorded freedom of
expression violations in chronological order under the following headings:
"Attacks and threats", "Detentions and arrests", "Press freedom and the
freedom of expression in court", "Adjustments and seeking justice",
"European Court of Human Rights", "Reactions to censorship" and "RTÜK
practices".
For the full text of the report summary, see:
http://www.bianet.org/english/kategori/english/113147/435-though-crimes-in-turkey-in-2008
For further information contact Nadire Mater at BIANET, Faikpasa Yokusu,
No. 41, Antikhane, Kat: 3, D.8-9, Cukurcuma, Beyoglu, Istanbul, Turkey,
tel: +90 212 251 1503, fax: +90 212 251 1609, e-mail: bia@bianet.org,
Internet: http://www.bianet.org
The Asian Legal Resource Centre has produced a new report in the latest volume of article 2 (volume 8, No. 1) on the abuse of police powers of arrest and detention for money making by the police. The cases studied are from Bangladesh, Sri Lanka, Burma, Philippines and Pakistan. It is a valuable contribution unique in its kind as the widespread practice of abusing powers of arrest and detention has not received much attention in the political, legal and human rights studies in the region. This report is an eye-opener of the extent to which large sections of the population are subjected to arrest and detention which is also accompanied by torture purely in order for officers to make money. The report gives a completely different picture to the type of policing in the region than what is usually presented.
This edition of article 2 ('Use of police powers for profit', vol. 8, no. 1) deals with the way in which police in various countries in Asia abuse the criminal justice process and their powers of arrest and detention to make a profit and harass individuals for petty reasons rather than investigate crime.
Police officers are given two important powers. These are the powers of arrest and detention within the framework of the law. Proper use of these powers requires a commitment to abide by legal principles relating to their exercise. It also requires knowledge of the law and application of the law with fairness and respect for the rules of social conduct. That is because arrest and detention seriously infringe the liberties of arrestees and detainees. Therefore, criminal codes lay down stringent criteria that restrict police officers to particular times and circumstances that these powers can and should be used.
Law enforcement officers must be satisfied that an arrest is justified. This means that there should be a reasonable suspicion that the person has committed an offence. Reasonable grounds exclude arbitrary reasons for arrest. What is arbitrary is contrary to what is reasonable. To arrest without reasonable grounds is illegal and a violation of human rights.
Trade of justice
The use of arrest and detention for the purpose of making money can be described as the trade of justice. The beneficiaries of this justice trade are not just the police but also many intermediaries, including lawyers, prosecutors, brokers and often judges. Many persons get involved on some legal justifications, but really to make a profit from the supposed investigation of crime.
From who is the money obtained? The complainant pays to have the crime investigated. The accused pays to escape prosecution or sentencing. Oftentimes the accused has nothing to do with a crime, but the charges against the person have been fabricated to earn some cash. Other people also are dragged into the trade. Family possessions are sold and women may be pressured to provide sexual favours in order to get preferential treatment for their husbands or brothers in police or prison custody.
The trade of justice usually aggravates all types of human rights abuses. Not only is fair trial denied, but torture is routine, often just for the purpose of getting the cash that¡¦s been demanded. Sometimes it is actually used and sometimes its threat alone is sufficient to get payment from families desperate to save their loved ones. The identification of the police as torturers makes it even easier for them to extract money from the public because citizens learn that the only way to do business with such officers is to give them whatever they want.
There is no way to complain about the trade in justice. In most parts of Asia there are no mechanisms for complaints against police at all. Those that do exist are manipulated so that finally nothing comes from them, no matter how much effort a complainant puts into the complaint in a vain attempt to extricate himself from the problems he has met with.
Constructing lawless policing
Several states in Asia tacitly sanction the abuse of arrest and detention for profit. States with the duty to stop abuse of police powers do not uphold the duty. Instead they allow the abuse to continue unabated and to spread. They create the impression among their populations that illegal policing is perfectly alright and normal.
The reasons as to why some states allow abuse of police powers for profit are complex. Police who act only within the law and refuse to do anything illegal may not serve ruling regimes¡¦ interests very well. It may be better to retain or construct a system that does not function within a legal framework. Police corruption may also be vital in order to maintain corruption in other parts of the system to the advantage of politicians, army officers and others holding onto the reins of power. The more corruption exists in the police, the less of a threat that they are to other corrupt parties, including the bureaucracy and courts. In this police corruption is not a problem specific to policing but a symptom of a much bigger malaise affecting the entire political system.
To build a lawless policing system in some settings may take only a few years, in others, decades. One of the most important steps in this process is to displace whatever traditions might have existed within the system to ensure that officers act according to the law and observe strict codes of discipline and conduct. Instead a new type of institutional consciousness is developed that the basic laws relating to policing and also the rules of conduct and discipline can be safely ignored. When there is a general idea that there are no laws or rules binding police to their tasks, corruption spreads quickly.
Another landmark in the development of such a system is that high-ranking officers lose their effective authority over local police stations. This authority can be lost in many ways. It may be that over a long period of time lower-ranked police come to realize that the political system does not place or no longer places a high premium on disciplined policing, and even that this sort of policing is to be discouraged. Many will learn this through appointments based on political allegiances or other personal contacts, rather than promotion through merit. They may feel that they owe their positions to these individuals and understand that their role is not to threaten the overall scheme, but rather to protect people who are using power to personal advantage. When this happens, the police hierarchy breaks down as officers take their orders not from superiors within the force but from outsiders to whom they owe more binding allegiances. Once the system reaches this point, even officers that may not have supported corruption enthusiastically feel obliged to get involved in the trade of justice.
The contents of this edition
Over many years of work the Asian Legal Resource Centre and its sister organisation the Asian Human Rights Commission have gathered an enormous amount of evidence on the widespread abuse of police powers of arrest and detention for the making of profit. For this edition of article 2 we have selected several cases to illustrate, including from Bangladesh, Sri Lanka, the Philippines and Pakistan.
The case of Abdur Razzak from Bangladesh illustrates how innocent people can be dragged into cases about which they know nothing by officers using their powers of arrest and detention while being fully aware of their innocence. The case described here cost the families of the victims dearly, as shown in tabulated form. Among the payments, the largest went to the officer in charge of the police station where the accused were held. The most important player in the abuse of powers of arrest and detention for profit making in many parts of Asia is this officer in charge. It is this officer who best enables the officers who are under him to work and make money with impunity. And as shown in this case, this officer also may benefit the most. Station chiefs in many parts become powerful allies of local politicians, underworld figures and others who share in the proceeds from lawlessness. Therefore, studies of the profit making of the police should pay close attention to the role of these officers.
The case of Sugath Fernando is now very well known in Sri Lanka. In this case the sale by a policeman of a stolen vehicle to the victim set in motion a chain of events that ended in Sugath¡¦s daylight murder, while sitting in his truck next to his son. Along the way, the case included repeated incidents of intimidation and coercion, assault and torture. Sugath tried to fight the system through the mechanisms available, but these failed him completely. His reward was death, which by now is a common reward for such persons in Sri Lanka. His wife and family are on the run, being hunted by officers of the same police station who had her husband killed. Her pleas for protection have fallen on the deaf ears of the authorities. Her lawyer and others rendering her assistance too have been threatened, and the lawyer's office burned down. A Senior Superintendent of Police later told the lawyer that, "Even I cannot protect you." Interventions from the international community with the Sri Lankan government, including from the UN Human Rights Committee, have all come to naught. When an entire system has become lawless and lawless officers receive the patronage of the ruling regime, talk of protection becomes irrelevant.
In the case of Felix Villamil Jr. a man in the custody of police in the Philippines was held in detention after a prosecutor signed his release order because the police had not had enough time to get the money that they wanted from him. He was kept on so as to negotiate payment. His family members made a down payment but when the demands increased to computer parts and a car in order to divide the spoils among investigators, their agents and court staff, he pulled out of the deal and was exposed to constant threats and demands, and was forced to move. His avenues for making of complaints and getting redress are all but none.
The case of Hazoor Buksh Malik in Pakistan vividly demonstrates how callous a police system that exists for its own sake can become. Police arrested Malik for not carrying his ID card, and after three days of illegal attention and assaults one of them acting on a grudge cut off his penis. Not only did the police commit this horrendous act, but they also left the young man to die and then when he survived, covered up the crime with the help even of a government minister, demonstrating the extent to which Pakistan has become a country in which impunity rules supreme, no matter how criminal or illegal the act. Despite national and global protests none of the perpetrators in this case have been prosecuted or even lost their jobs. When crime investigators and criminals are the same can anything else be expected? Can anyone in Pakistan succeed against the police?
An article on Burma also gives an overview of policing there, and cites many cases in official reports, including the law reports, to point to similar abuses of police powers and impunity prevailing in that country.
Taken as a whole, what this edition of article 2 demonstrates is that any serious attempts to uphold human rights require careful scrutiny of the profit-making motive and opportunities for profit in national jurisdictions. This should be a top priority for international and local human rights agencies and researchers. Human rights can easily become a fashionable talking shop when in Geneva or New York, or when taught in prestigious universities in Europe, North America and elsewhere. There may be all sorts of seminars and conferences and resolutions on human rights. However, for the people in the stories recounted in this publication, what comfort do all these bring? It is time for the people talking about human rights in such places and forums to come to terms with reality, lest their human rights discourse become irrelevant to the people in countries around the world who are caught up in the savage trade of justice.
You may see the report at: http://www.article2.org/
International PEN Writers in Prison Committee Caselist July-December 2008
Now Available
The latest edition of the Writers in Prison Committee (WiPC) of
International PEN's twice yearly case list is now available (see:
http://www.internationalpen.org.uk/files/dmfile/CaselistJulyDec2008.pdf ).
This report gives summary details of the 623 cases of attacks on writers
and journalists worldwide in the six-month period between July and December
2008.
Over the 12 months of 2008, the WiPC monitored 877 attacks against writers,
journalists, poets, publishers, playwrights, lyricists and others who use
the written word to spread ideas and to forge change.
Of these, twenty four were killed. In some cases it is unclear whether they
were targeted for their writings, in others it is certain. In all cases the
deaths make others stop to think whether they too can take the risk of
speaking out. That the number of killings is less than half of that of the
previous years is reason for optimism. The drop was mainly due to an
improvement for the safety of journalists in Iraq, which, until last year,
accounted for almost half the deaths. In 2008, this figure had dropped to
just three.
Of growing concern to PEN is the situation in Sri Lanka where six
journalists were murdered in 2008 and many others live under threat.
Lasantha Wickrematunga, a highly respected Sri Lankan editor, was
assassinated in January 2009. He had been on the WiPC's records for a
number of years as a victim of numerous death threats. His death is a
terrible testimony to how serious these threats can be. The WiPC recorded
almost 200 death threats and attacks in 2008. As data on such attacks is
difficult to gather, and often not reported, this should be seen as an
underestimate.
Long term imprisonment - from a few months to many years - remains a
serious problem that is central to the WiPC's concerns. In 2008, it
recorded 195 such cases, 133 of which are of people serving sentences
clearly related to their writings. China, Burma, Iran, Cuba, Uzbekistan,
Eritrea and Vietnam remain, as they have for many years, the countries most
likely to imprison their dissenting writers and journalists. Other
countries include Azerbaijan, Afghanistan, Syria, Egypt and Cameroon. Hopes
that there would be an improvement in China prior to the Beijing Olympics
in 2008 were dashed. At the beginning of the year, as at the end, around 40
writers and journalists were imprisoned. While some were freed, there were
new arrests, most notably that of the Independent Chinese PEN Centre
Preside, Liu Xiaobo, in the final days of the year. In Burma, a 59-year
sentence was served against the poet, comedian and activist Zarganar,
stunning international human rights monitors. It has since been reduced to
35 years, a sentence that has not been passed against any writer held for
political reasons anywhere in recent decades. He was convicted for
"illegal" activities for setting up an aid programme for the victims of the
devastating Cyclone Nargis.
Longstanding concerns in the Americas, specifically for the 25 writers and
journalists held in Cuba, killings and death threats in Mexico, threats and
trials in Peru, Colombia and Nicaragua, and censorship in Venezuela, led to
the decision to launch a campaign on the Americas to run through 2009. To
read more, see:
http://www.internationalpen.org.uk/ipfarcry/conjuror/%20%20%20%20%20%20%20%20/go/freedom-of-expression/campaigns/freedom-to-write-in-the-americas/freedom-to-write-in-the-americas
In many cases writers are not imprisoned but are subjected to lengthy
trials, sometimes taking many years to conclude. Even if the result is not
imprisonment, the judicial process is an exhausting one, both
psychologically and financially. In some cases it would appear that this is
the purpose of the trials - to punish a writer without the accompanying
international condemnation that imprisonment would bring. Turkey is one
such example where over 70 writers and journalists are presently on trial
under numerous laws that curtail free speech. These trials rarely result in
prison terms, and often the fines levied are relatively small, yet the
prosecutions serve as a warning to those who speak out on sensitive issues
and only those who are willing and able to take the risk can do so.
International PEN members worldwide work to end attacks on their writer
colleagues. There are Writers in Prison Committees in 69 PEN Centres that
take action, including sending letters of protest to governments, staging
events to publicise and support writers under attack, writing articles in
their newspapers, making contact with prisoners and their families, and
generally providing a network of support and solidarity.
To learn more about the work of International PEN's Writers in Prison
Committee, visit:
http://www.internationalpen.org.uk/go/freedom-of-expression
For further information on the Wickrematunga case, see:
http://www.ifex.org/en/content/view/full/99736
For further information on the Xiaobo case, see:
http://www.ifex.org/en/content/view/full/99272
For further information on the Zarganar case, see:
http://www.ifex.org/en/content/view/full/100937
For further information, contact Sara Whyatt, at the WiPC, International
PEN, Brownlow House, 50/51 High Holborn, London, WC1V 6ER, U.K., tel: +44
207 405 0338, fax: +44 207 405 0339, e-mail:
sara.whyatt@internationalpen.org.uk, wipc@internationalpen.org.uk,
Internet: http://www.internationalpen.org.uk/
The information contained in this press release is the sole responsibility
of WiPC. In citing this material for broadcast or publication, please
credit WiPC.
http://www.womenslinkworldwide.org/pub_migrantwomen.html
These factsheets present the findings of the project Migrant Women's Rights: An Invisible Reality. Women's Link Worldwide interviewed 138 women from Sub-Saharan Africa living in Morocco and Spain to expose violations to these women's human rights, including sexual and reproductive rights, and the multiple forms of violence migrant women face. (In Spanish only.)
There are four factsheets:
1. Antecedentes y metodología del proyecto
2. Principales resultados
3. Historia de vida 1: Charlotte
4. Historia de vida 2: Precious
Women's Link Worldwide presenta los resultados del proyecto Los derechos de las mujeres migrantes: una realidad invisible, basado en las entrevistas realizadas, tanto en Marruecos como en España, a 138 mujeres de origen subsahariano. Estos resultados evidencian las vulneraciones de los derechos humanos, incluidos los derechos sexuales y reproductivos, y las múltiples formas de violencia que sufren estas mujeres durante el proceso migratorio.
La información se divide en cuatro Hojas Informativas:
1. Antecedentes y metodología del proyecto
2. Principales resultados
3. Historia de vida 1: Charlotte
4. Historia de vida 2: Precious