Ireland: Abortion Limits Violate Human Rights
(Dublin, January 28, 2010) – The Irish government actively seeks to restrict access to abortion services and information both within Ireland and for its residents seeking care abroad, Human Rights Watch said in a report released today.
Cambodia: UN Should Review Role in Drug Detention
(New York) – The United Nations should conduct a thorough review of its support for Cambodia’s drug detention centers, Human Rights Watch said today.
Sri Lanka: End Harassment, Attacks on Journalists
(New York) – The Sri Lankan government should immediately end its post-election harassment of media outlets and ensure protection of journalists from attack, Human Rights Watch said today.
France: Press Turkmen Leader to End Rights Abuses
(Paris) – President Nicolas Sarkozy should use the upcoming state visit by his Turkmen counterpart to speak out about Turkmenistan’s abysmal human rights record and to press for concrete improvements, the French League for Human Rights, Human Rights Watch, International Federation for Human Rights, and Reporters Without Borders said today.
Prosecuting war crimes: the courts must be independent
The British government claims to defend basic principles of justice for grave international crimes. So its reaction to arrest warrants issued by independent courts, acting on evidence showing an arguable case, should be straightforward: respect the courts’ rulings even if they cause political embarrassment.
Haiti’s human rights challenge
Two weeks after the earthquake that devastated Haiti, its people are confronted with a human rights crisis. Amnesty International has identified some of the country’s biggest human rights challenges and outlined a plan that puts protection of human rights at the core of relief and reconstruction efforts.
Exploitation of children
With families separated and schools destroyed, thousands of children in Haiti have been left without protection. The most vulnerable could become prey to the traffickers.
There is also a risk that children could be caught in irregular adoption processes – a risk increased by the interest of families abroad who would like to adopt Haitian children orphaned by the earthquake. Haitian institutions also have a lack of capacity to determine the status of children and ensure their rights are protected Separated and unaccompanied children might wrongly be considered orphans.
International adoption should be a last resort, used only after domestic alternatives have been exhausted. The Haitian authorities must ensure children are not taken out of the country without the completion of formal legal proceedings for international adoption.
Family tracing should be a priority for the international community, the Haitian authorities and international aid agencies.
Security and law enforcement
The Haitian government’s ability to ensure the rule of law has been severely undermined by the earthquake. Establishing a functional justice system to deal with the most serious crimes should be a top priority.
There is a growing concern that prisoners convicted of violent crimes who escaped from Port-au-Prince’s National Penitentiary are trying to regain control of the most deprived and vulnerable communities.
In response to this threat, community members have organized themselves to prevent gangs from taking over communities. However, this could put community members at risk of spiralling violence. Amnesty International has received reports of lynchings and incidents of mob justice where alleged looters have been killed.
There are also reports of alleged looters being shot by police. Haitian authorities must ensure that firearms are only to be used by police in self-defence and as a last resort. The Haitian authorities must also set up a provisional detention centre, as the country’s main prison has been destroyed and other detention centres are overcrowded.
Rights of the displaced
Hundreds of thousands of people have been left homeless by the earthquake and many have fled the devastated areas.
Displaced people must be supported to make voluntary and informed decisions about their future. Any relocation of internally displaced persons from camps or disaster areas must be voluntary, unless the safety and health of those affected requires evacuation. They should not be coerced in any way, including through the suspension of assistance. All displaced persons have the right to return to their former homes unless safety issues prevent it.
Violence against women
In post-disaster situations, women and girls are often particularly at risk from sexual violence, exploitation by traffickers and reduced access to sexual, reproductive and maternal health services. Their disadvantage in accessing aid is well documented.
Those involved in the relief and reconstruction efforts must ensure that the prevention of all gender-based violence, in particular sexual violence, is integrated into their work.
Accountability of international forces
More than 10,000 US troops, 150 military personnel from the Dominican Republic and 800 Canadian soldiers have been deployed in Haiti to provide security for the distribution of aid.
The terms of deployment and rules of engagement must be clarified from the onset and respected by all international forces The United Nations Stabilization Mission in Haiti (MINUSTAH) personnel must also be governed by strict rules of accountability. In the past, leaving accountability for violations solely to the discretion of troop-contributing countries to UN peacekeeping missions has lead to impunity for serious human rights abuses.
Haiti’s foreign debt
In 2009, international financial institutions and other creditors cancelled US$ 1.2 billion of Haiti’s foreign debt. Despite this, Haiti still owes hundreds of millions of dollars to its creditors.
The repayment of this debt now represents an unacceptable burden on Haiti’s population and national economy. Amnesty International has called on all creditors to cancel Haiti’s debt. Insistence on repayment would hinder Haiti’s ability to meet its human rights obligations.
All financial resources available to Haiti in the years to come must be channelled to reconstruction programmes that ensure Haitians’ welfare and access to basic services, and equitable and sustainable development.
Image caption: Men fight over a bag of rice during UN food distribution, Port-au-Prince, Haiti, © AP GraphicsBank
Gaza: Hamas Report Whitewashes War Crimes
(New York) – Hamas’s latest claim that its rocket attacks against Israel are not war crimes is factually and legally wrong, Human Rights Watch said today.
Canada: Demand Return of Ex-Child Soldier from Guantanamo
(New York) – The Canadian government should immediately request the repatriation of Canadian citizen Omar Khadr from Guantanamo even though Canada’s Supreme Court did not order it to do so, Human Rights Watch said today.
Malaysia opposition leader Anwar faces ’show trial’
Amnesty International has urged the Malaysian authorities to drop politically motivated criminal charges of sodomy against Anwar Ibrahim, the country’s opposition leader, after he lost an appeal for access to the government’s evidence against him on Friday.
His trial is now set to begin on 2 February at the High Court. This case is the second time in 12 years that the authorities have brought such charges against the former deputy prime minister.
Following his public criticism of then-Prime Minister Mahathir Mohammed in 1998, Anwar was arrested and convicted on sodomy and corruption charges. He spent six years in solitary confinement before his conviction was overturned and he was released.
“The Malaysian authorities have resorted to the same old dirty tricks in an attempt to remove the opposition leader from politics,” said Sam Zarifi, Asia-Pacific director at Amnesty International. “Malaysia’s judiciary should throw out these charges.”
Amnesty International considered him a prisoner of conscience before his release in 2004.
For five years, Anwar was banned from seeking public office as a result of his conviction on corruption charges. After the ban expired in April 2008, he won a parliamentary seat on 26 August 2008, and become opposition leader as head of the People’s Justice Party (Parti Keadilan Rakyat).
But one month before his election, on 17 July 2008, Anwar was again arrested on charges that he had committed sodomy with a male former aide. If convicted, he faces up to 20 years in prison and loss of political office.
The criminal charge of sodomy against Anwar, under Section 377B of the Penal Code, is at odds with international human rights standards. This British colonial-era law provides for prison and whipping, a punishment that violates the international law prohibition on torture and other ill-treatment. Moreover, the UN Human Rights Commission in 1997 ruled that sodomy laws infringe the fundamental right to privacy.
Amnesty International is seriously concerned about fair-trial issues surrounding Anwar’s case. The prosecution’s refusal to deliver evidence to the defence at the pre-trial stage infringes international fair-trial standards and Malaysian law.
“Anwar’s case has rightly raised doubts among the international community and investors about Malaysia’s commitment to justice and the rule of law,” said Zarifi.
Under Section 51A of the Malaysia’s Criminal Procedure Code, the prosecution must deliver documents and a written statement of facts favourable to the defence. The UN Human Rights Committee has established that the minimum facilities for fair trials “must include access to documents and other evidence which the accused requires to prepare his case.”
On 29 January, however, the Malaysian Federal Court failed to uphold the prosecution’s obligation to provide access to evidence which Anwar’s lawyers believe may help exonerate him. In an earlier decision, the Court of Appeals had termed the defence’s application for evidence a “fishing expedition.”
“The court’s decision to allow the prosecution to withhold key evidence sets a dangerous precedent for criminal cases in Malaysia,” said Zarifi. “This is a recipe for unfair trials.”
China: Account for Uighur Refugees Forcibly Repatriated to China
(New York) – The Chinese government should disclose the status and whereabouts of ethnic Uighurs repatriated against their will from Cambodia and allow the United Nations, lawyers, and family members to meet with them, Human Rights Watch said today.