China: EU Should Demand Concrete Progress on Rights in Dialogue
(New York) – The European Union should set benchmarks for human rights improvements with the Chinese government during this week’s EU-China human rights dialogue, Human Rights Watch said today.
Restrictions to freedom of expression create climate of fear in Cuba
A new Amnesty International report details how journalists, dissidents and activists are at risk of arbitrary arrest and harassment by the authorities.
Cuba’s repressive legal system has created a climate of fear among journalists, dissidents and activists, putting them at risk of arbitrary arrest and harassment by the authorities, Amnesty International said in a report released on Wednesday.
The report Restrictions on Freedom of Expression in Cuba highlights provisions in the legal system and government practices that restrict information provided to the media and which have been used to detain and prosecute hundreds of critics of the government.
“The laws are so vague that almost any act of dissent can be deemed criminal in some way, making it very difficult for activists to speak out against the government. There is an urgent need for reform to make all human rights a reality for all Cubans,” said Kerrie Howard, Deputy Americas Director at Amnesty International.
Yosvani Anzardo Hernández, the director of the Candonga online newspaper, is one of many Cuban independent journalists who have been arbitrarily arrested, interrogated and intimidated by the authorities.
In September 2009 he was arbitrarily detained for 14 days, before being released without charge. At the time, police also confiscated his computer, which hosted the website, and disconnected his telephone line.
Although Yosvani Anzardo is resigned to not continuing with the site, he still does not understand why it was closed. “We were hoping that the government understood that what we were doing was exercising a right, we didn’t hurt anyone,” said the journalist. “We tried very hard to give information about what was happening in the country. They [the authorities] considered this to be dangerous.”
The Cuban state has a virtual monopoly on media while demanding that all journalists join the national journalists’ association, which is in turn controlled by the Communist Party.
The authorities have also put in place filters restricting access to blogs that openly criticize the government and restrictions on fundamental freedoms.
The Cuban Constitution goes even further in curbing freedom of expression by stating that “[n]one of the freedoms which are recognized for citizens can be exercised contrary to what is established in the Constitution and law, or contrary to the existence and objectives of the socialist state, or contrary to the decision of the Cuban people to build socialism and communism.”
The Penal code specifies a range of vague criminal charges that can also be used to stifle dissent, such as “social dangerousness”, “enemy propaganda”, “contempt of authority”, “resistance”, “defamation of national institutions” and “clandestine printing”.
Provisions of Law 88 on the Protection of National Independence and the Economy of Cuba have also been used to repress criticism and punish dissidents who work with foreign media.
With a judiciary that is neither independent, nor impartial, critics of the government find that an unlimited range of acts can be interpreted as criminal and end up facing trials that are often summary and unfair.
Cuban authorities deny the existence of political prisoners in the country but Amnesty International knows of at least 53 prisoners of conscience who remain incarcerated in the country for peacefully exercising their right to freedom of expression, association and assembly.
One of 75 dissidents arrested in the “Black Spring” crackdown in 2003, independent journalist Pablo Pacheco Avila, was sentenced to a 20-year jail term for writing articles for foreign and online newspapers, being interviewed by foreign radio stations, and publishing information via the internet.
Despite some prisoners of conscience being released on health grounds, including Ariel Sigler Amaya in June 2010, most of them, including Pablo Pacheco Avila, are still imprisoned.
The Cuban government has sought to justify its failure to protect human rights by pointing to the negative effects of the embargo imposed by the US.
“It is clear that the US embargo has had a negative impact on the country but it is frankly a lame excuse for violating the rights of the Cuban people,” said Kerrie Howard. “The government needs to find solutions to end human right violations, instead of excuses to perpetrate them.”
Amnesty International called on the Cuban government to revoke or amend legal provisions that unlawfully limit freedom of expression, end harassment of dissidents, release all prisoners of conscience, and allow free exchange of information through the internet and other media.
“The release of all prisoners of conscience and the end of harassment of dissidents are measures that the Cuban government must take immediately and unconditionally,” said Kerrie Howard.
“However, to honour its commitment to human rights, Cuba must also dismantle the repressive machinery built up over decades, and implement the reforms needed to make human rights a reality for all Cubans.”
Petraeus must focus on civilian protection in Afghanistan
General David Petraeus, the US commander set to take charge of NATO operations in Afghanistan, must redouble efforts to minimise civilian casualties during military operations there.
General David Petraeus, the US commander set to take charge of NATO operations in Afghanistan, must redouble efforts to minimise civilian casualties during military operations there, Amnesty International said today.
The organisation is also calling on General Petraeus, who is currently attending nomination hearings in the US Senate to replace General Stanley McChrystal as commander of international forces in Afghanistan, to ensure soldiers are held accountable for their actions.
“General David Petraeus has to prioritise the protection of Afghans and ensure that any troops who violate Afghan civilians’ human rights are held accountable,” said Sam Zarifi, Asia Pacific Director for Amnesty International. “Change in command should not change the US and NATO’s commitment to protect civilians.”
General McChrystal introduced a Tactical Directive in July 2009 intended to minimise civilian casualties.
The United Nations found a 28 percent reduction in civilian deaths caused by NATO and US forces in the second half of 2009 compared with 2008, although Amnesty International has received credible reports of an increase in night raids conducted by the international military forces in the first half of 2010.
“There have been some limited improvements. General Petraeus needs to take the next step, and set up a unified mechanism for providing accountability and compensation to civilians for deaths and damages caused by NATO and US troops,” said Sam Zarifi.
“Transparent chains of command and rules of engagement that abide by international law must be established for all forces, so that victims and their families can make complaints, inquire about investigations, and ultimately, receive justice” said Sam Zarifi.
The Taleban and other insurgent groups cause more than two-thirds of civilian casualties in Afghanistan. However, this does not diminish the responsibility of Afghan, NATO and US forces to abide by international humanitarian law, Amnesty International pointed out.
“General McChrystal’s efforts to minimize civilian casualties have been criticized by some as restricting the military’s ability to act. But these critics ignore the fact that respect for international law, including human rights law and international humanitarian law, by all parties involved, is a prerequisite for bringing security to Afghanistan,” said Sam Zarifi.
Kuwait: Political Writer Released on Bail
(New York) – A Kuwaiti judge ordered the release on bail on June 28, 2010, of the journalist and blogger Mohammad al-Jasim, Human Rights Watch said today. Al-Jasim, a well known government critic, faces criminal charges under Kuwait’s state security law based on his blog postings and books critical of Kuwait’s government, including members of the ruling family.
Attack on activists sparks fears of new wave of Zimbabwe violence
Amnesty International has warned that Zimbabwe could be hit by a new wave of political violence, following a spate of attacks on human rights activists in the past week.
Amnesty International has warned that Zimbabwe could be hit by a new wave of political violence, following a spate of attacks on human rights activists by supporters of President Robert Mugabe’s Zanu-PF party in the past week.
Three human rights monitors were captured and beaten with logs by Zanu-PF supporters on Sunday, in the latest incident since a process of consultation over a new Zimbabwean constitution began on 16 June.
“This intimidation and harassment of activists undermines Zimbabwe’s efforts to form a new constitution with public consultation and it is also a worrying reminder of the organised violence that took place in 2008,” said Erwin van der Borght, Amnesty International’s Africa director.
Zimbabwe’s constitution-making process was part of the agreement signed by President Mugabe and MDC leader Morgan Tsvangirai in September 2008, following six months of violence that followed the country’s disputed presidential election.
Over 300 people were killed, 11,000 were seriously injured and tens of thousands were displaced by the violence.
The consultation process is designed to garner feedback on the constitution through a series of outreach meetings with local communities. Following a long delay due to squabbling within the unity government, the consultation finally began two weeks ago but activists monitoring the process have been targeted.
“All parties in the unity government should respect and protect the rights to freedom of expression, association and peaceful assembly and ensure that everybody has unfettered access to outreach consultation meetings on the new constitution” said Erwin van der Borght.
“It is imperative that all parties in the unity government respect and protect these rights and that security agents are non-partisan in their duties.”
Monitors Paul Nechishanu, Artwel Katandika and Shingairayi Garira had been working for the Independent Constitution Monitoring Project, which is jointly run by the NGO groups Zimbabwe Election Support Network, Zimbabwe Peace Project and Zimbabwe Lawyers for Human Rights.
They were taken by ZANU-PF supporters to a farm in Makonde district (Mashonaland West province) on 27 June and beaten with logs. Garira sustained injuries to his eardrum while Nechishanu and Katandika suffered head injuries.
The beating followed the arrest of another team of monitors – Godfrey Nyarota and Tapiwa Mavherevhedze plus their driver Cornelius Chengu – in Mutare on 24 June.
They were charged with practicing journalism without accreditation and released on $20 bail each. Reports indicate that the police acted at the instigation of a well known ZANU-PF activist and “war veteran”.
Another activist in Mutare, Enddy Ziyera, the provincial coordinator of the independent monitoring project, was detained for several hours and released without charge on 25 June after bringing food for the three activists in detention.
On the same day, in Marondera (Mashonaland East province), three Movement for Democratic Change (MDC-T) activists were seized by unidentified state security agents. They were later found detained at Marondera police station and are yet to be charged.
President Mugabe signed a power-sharing agreement with the leaders of the two Movement for Democratic Change formations on 15 September 2008 in an attempt to resolve the political crisis that had developed since 2000.
Violence in the country escalated sharply in the six months prior to the unity deal, with a series of politically-motivated human rights violations against real and perceived opponents of President Mugabe.
For the past six months, Amnesty International has received reports of intimidation in rural areas with villagers threatened with violence if they do not support ZANU-PF’s position on the new constitution. The current consultation process is supposed to run for 65 days.
Zimbabwe’s new government has to tackle culture of impunity (News, 23 September 2008)
Egypt: Keep Promise to Free Detainees by End of June
(New York) – The Egyptian government should keep its promise to free detainees who can no longer be held because of changes on May 11, 2010, to the country’s emergency law, a coalition of 12 Egyptian and international human rights organizations said today.
Human rights activists targeted in Democratic Republic of Congo
Days after the funeral of prominent activist Floribert Chebeya Bahizire, Amnesty International warns that the work of activists and journalists in the country is becoming increasingly deadly.
The work of human rights activists in the Democratic Republic of Congo is becoming increasingly deadly, Amnesty International warned on Wednesday as the country celebrates its 50th anniversary of Independence.
The high profile celebrations come just days after the 26 June funeral of Floribert Chebeya Bahizire, the country’s most prominent human rights activist, whose body was found the day after he was summoned to attend a meeting with Kinshasa police.
“Death threats against human rights defenders and journalists in the DRC are increasing at an alarming rate,” said Veronique Aubert. “It is shameful that the voices that need to be heard most are those being stifled.”
Floribert Chebeya was the executive director of one of Congo’s largest human rights organizations and had been working on a number of sensitive affairs involving the head of Police General John Numbi. His body was found in his car early on 2 June.
The activist had previously told Amnesty International that he felt he had been followed and that he was under surveillance by the security services.
Floribert Chebeya’s funeral was held on 26 June, International day for the Victims of Torture, at the wish of his family, who believe he died as a consequence of torture.
Lavish Independence Day celebrations in the capital Kinshasa are to be led by President Joseph Kabila and attended by senior figures such as UN secretary-general Ban Ki Moon.
Amnesty International has called on the Congolese government to launch an independent enquiry of commission to investigate Mr Chebeya’s death and the whereabouts of his driver who is still missing. These calls have been ignored by the authorities.
The past year has seen an increase in death threats against human rights activists and journalists in the DRC, usually received by telephone and text message.
Two activists were prosecuted in August and September respectively after their organizations published reports critical of the authorities. Numerous others have been arbitrarily arrested and ill-treated in custody.
Next month marks the 5th anniversary of the death of Pascal Kabungulu, another prominent human rights activist who was killed on July 2005 by a group of armed men who broke into his house, dragged him out of his bedroom and shot him dead in front of his family.
The trial of the men accused of killing him has been deadlocked for more than five years. These men, who include soldiers and more senior military and political figures, are still free in spite of a public promise by President Joseph Kabila that justice would be done.
“It is nothing short of hypocritical for Congo to throw nationwide celebrations without acknowledging the appalling state of human rights in the country today,” said Veronique Aubert. “The Congolese people are trapped in a limbo between an unsatisfactory peace and the threat of further approaching crises.
“Until Congo’s government puts the interest of its people first, security and respect for human rights will remain a distant dream.”
About two million people remain internally displaced in Congo due to continued fighting between the military and armed groups. Unlawful killings, torture and rape remain rife in the eastern part of the country.
MONUC, the biggest UN peacekeeping mission in the world with 20,500 personnel, remains the only force in the DRC capable of providing a measure of protection to the civilian population.
The government has repeatedly called for its withdrawal. Amnesty International fears that a withdrawal of MONUC will lead to further deterioration of the human rights situation in the country.
Democratic Republic of Congo urged to enlist UN to help investigate activist’s death (News, 8 June 2010)
Democratic Republic of Congo: Open Letter to His Excellency President Joseph Kabila: Commission of Inquiry on the Death of Floribert Chebeya Bahizire (Document, 5 June 2010)
Democratic Republic of the Congo must investigate activist’s death (News, 3 June 2010)
Iran: Stop Imminent Execution of Kurdish Dissident
(New York) – The Iranian judiciary should immediately halt plans to execute Zeynab Jalalian and other Kurdish dissidents, Human Rights Watch said today. Jalalian is one of 17 such dissidents currently on death row in Iranian prisons.
How the UAE Condones Sexual Violence
In the United Arab Emirates, a country that prides itself on modernity and its willingness to advance women’s rights, the criminal court in Abu Dhabi has sentenced an 18-year-old Emirati woman to a year in prison for illicit sex after she reported that six men had gang-raped her.
Spanish politicians urged to reject bans on full-face veils
Amnesty International calls on law-makers in Catalonia not to adopt a motion this week in favour of the ban in public buildings and spaces.
Amnesty International has called on law-makers in the Spanish region of Catalonia not to adopt a motion on Wednesday in favour of banning women from wearing the full-face veil in public buildings and spaces.
“Any wide-ranging ban will violate the rights to freedom of expression and religion of those women who choose to wear a full-face veil as an expression of their identity or beliefs,” said John Dalhuisen, Amnesty International’s expert on discrimination in Europe.
“Women should be free to choose what and what not to wear. This is their right under international human rights law. This right extends to forms of dress that others may find objectionable and it should be respected – for the very small minority of Muslim women who do choose to wear full face veils, just as for everybody else.”
With Lawmakers in Belgium having approved a ban on the wearing of the full-face veil in public in April this year and the French Parliament due to consider a similar ban in July, Spain has become the third European country this year to consider the introduction of restrictions on the wearing of full-face veils
Last week, the Senate approved a motion urging the government to prohibit the wearing of full face veils “in public spaces and at public gatherings”.
Nine Spanish municipalities have already moved to ban the wearing of full-face veils in municipal buildings. The Mayor of Barcelona has declared his intention to push through legislation banning full-face veils from all municipal buildings, including offices, public markets, libraries and museums, later this year.
Many of those in favour of such bans in Spain have argued that they are necessary to combat discrimination and safeguard gender equality.
“Discrimination cannot be combated by discrimination and gender equality is not advanced by dictating what women can or cannot wear. It is advanced by ensuring that women are empowered to make their own choices and are effectively able to act on them,” said John Dalhuisen.
In recent years the Spanish government has put the promotion of gender equality high on the political agenda.
However, Amnesty International has called for greater efforts to combat the discrimination, stereotypes and prejudices affecting Muslim women, both within their communities and in society at large.
“States do have an obligation to protect women against pressure or coercion to wear full-face veils but comprehensive bans are not the way to do this. They may even be counter-productive as women who are currently being coerced into wearing full face veils risk being confined to their homes, less able to work or study and to access the assistance and protection they need,” John Dalhuisen said.
“The Spanish authorities should be seeking to ensure that recent initiatives to combat violence against women are also reaching Muslim women.”
Under international human rights law, restrictions on the rights to freedom of expression and religion may only be imposed where necessary for the preservation of public order, security or morals or the protection of the rights of others.
Amnesty International does not believe that wide-ranging bans on the wearing of full-face veils have been shown to be necessary or proportionate to achieve any of these goals and that considerations of security or public safety would justify banning the wearing of full-face veils anywhere in public, or in all public buildings.
“Legitimate security concerns can be met by targeted restrictions on the complete covering of the face in well-defined high risk locations. Individuals may also be required to reveal their faces when objectively necessary, for instance for identity checks,” said John Dalhuisen.
Last week, the Council of Europe Parliamentary Assembly adopted a recommendation calling on states “not to establish a general ban of the full veiling or other religious or special clothing, but to protect women from all physical and psychological duress as well as their free choice to wear religious or special clothing and ensure equal opportunities for Muslim women to participate in public life and pursue education and professional activities.”
French politicians urged to reject ban on full face veils (News, 19 May 2010)
Belgium votes to ban full-face veils (News, 30 April 2010)
