May 15, 2015 | News
The ICJ today condemned the conviction of six human rights defenders after an unfair trial lasting less than five minutes. The six were charged in connection with their participation in a peaceful demonstration against the fatal shooting of a protestor in Letpadaung.
They were sentenced to four years and four months in prison with hard labour.
“Under both international and Myanmar law, a fair trial means independent judges, the need for evidence of guilt beyond a reasonable doubt, and due process. All of these requirements were ignored in the case of these accused, who must be immediately and unconditionally released,” said Sam Zarifi, the ICJ’s Regional Director for Asia and the Pacific.
“Instead of prosecuting peaceful protestors, the Myanmar government must hold those responsible for the killing in Letpadaung accountable and provide justice,” he added.
The ICJ attended today’s hearing at the Yangon Dagon Township Court of Daw Naw Ohn Hla, Daw Sein Htwe, U Nay Myo Zin, Ko Tin Htut Paing, Daw Lay Lay @ Daw San San Win and U Than Swe, who were sentenced for violating Article 18 of the Peaceful Assembly and Peaceful Procession Law, as well as a series of offences under the Penal Code.
These offences include assaulting or preventing a public servant from the discharge of his duty (Section 353); rioting (Section 147); publishing or circulating information which may cause public fear or alarm and may incite persons to commit offences “against the State or against the public tranquility” (Section 505(b)).
It is unclear whether an appeal will be filed, but the ICJ understands that the accused’s appeal in this case would be highly unlikely to succeed.
The ICJ has observed and documented the case’s pre-trial and trial phases and considers that they grossly violate international standards of fair trial.
Bail has been denied to all the accused after hearings that last less than five minutes. The accused have also complained to the ICJ about poor prison conditions, non-nutritious or edible food, dirty water and no access to radio or television.
These do not comply with international standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners.
The ICJ urges the Myanmar authorities to drop all charges against the accused and take effective measures to ensure that such violations do not reoccur in this or future cases.
The ICJ calls upon the Myanmar authorities and the judiciary to take measures, in law and practice, to ensure that the judiciary is able to decide cases independently and impartially as a separate and co-equal branch of the government.
Background:
The accused were arrested and detained on 30 December 2014 for the lawful exercise of their right to freedom of peaceful assembly.
They protested in front of the Chinese embassy in Yangon calling on the Myanmar authorities to carry out an urgent and impartial investigation into the death of Daw Khin Win.
She was shot dead on 22 December 2014 while demonstrating against illegal land confiscations and forced evictions over the Letpadaung copper mine in Monywa.
There has been so far no arrest or prosecution for the use of incendiary weapons as a crowd-control agent in Letpadaung in 2012 or for the shooting of Daw Khin Win last year.
Contact:
In Bangkok: Sam Zarifi, ICJ Regional Director, Asia-Pacific Programme, e: sam.zarifi(a)icj.org
In Myanmar: Vani Sathisan, ICJ International Legal Adviser, t: +95 9250800301 ; e: vani.sathisan(a)icj.org
May 13, 2015 | News
The ICJ today condemned the decisions of the governments of Indonesia and Malaysia to turn away and push back boats carrying hundreds of Bangladeshis and Rohingyas, including women and children, out to sea.
The ICJ emphasized that the increase in the number of Rohingya arrivals in Indonesia and Malaysia underscores the need to address the root causes that drive these people to set off on these perilous journeys, including the longstanding human rights abuses to which Rohingyas are subjected.
The decision by the two governments to return the boats to sea came after the arrival of about 2,000 people, mostly believed to be Rohingya and Bangladeshi nationals, onto the shores of Malaysia and Indonesia earlier this week.
“This should be a wake-up call to ASEAN that human rights is not an internal affair of one Member State,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“Had there been action on the part of ASEAN early on to protect the rights of Rohingyas in Myanmar, this looming humanitarian crisis would not have happened,” he added.
The large majority of Rohingyas have fled Myanmar because of the discrimination and deadly violence they face there as members of a religious minority.
Many of them had no choice but to resort to callous smugglers.
However, a recent crackdown on human trafficking in both Thailand and Malaysia has spooked smugglers who, in order to avoid arrest, have abandoned boatloads adrift at sea instead of taking them ashore.
It is reported that approximately 6000 Rohingyas and Bangladeshi are now on boats adrift in the Andaman Sea in poor and overcrowded conditions.
“The decisions of the Indonesian and Malaysian governments constitute an abject failure of their duty to increase search-and-rescue efforts at sea and to provide humanitarian relief to those in need. Moreover, pushing these people back out to sea is a life-endangering practice and in no way does it provide a safe and effective solution,” said Zarifi.
Under international law, the act of pushing those boats back to the high seas constitutes a collective expulsion and may constitute a violation of the principle of non-refoulement.
Such a practice is also likely to lead to violations of the right to seek and enjoy asylum from persecution, of the right not be subjected to torture and other ill-treatment, and of the right to life.
On 29 May 2015, senior officials and representatives from at least 6 ASEAN member states will be in Thailand to have a “Special Meeting on Irregular Migration in the Indian Ocean”.
“ASEAN member states must ensure that any regional decision taken on this issue will be one that adequately and meaningfully protects the lives of people who embark on those desperate journeys across the Indian Ocean,” added Zarifi.
The ICJ urges ASEAN member states to stop the practice of returning boatloads of asylum-seekers and migrants to the sea and to immediately adopt effective regional measures in line with international human rights standards.
The ICJ also urges ASEAN to strengthen its regional human rights mechanism so that it would be able to effectively address violations of human rights in the region.
Contact:
Emerlynne Gil, ICJ Senior International Legal Adviser, in Bangkok, email: emerlynne.gil(a)icj.org or mobile: +66 84 092 3575
Picture: EPA/Zikri Maulana
Apr 22, 2015 | Multimedia items, News, Video clips
The three final human rights defenders who will compete for the award are Ahmed Mansoor (United Arab Emirates), Robert Sann Aung (Myanmar) and Asmaou Diallo (Guinea). The ICJ is member of the MEA Jury.
The Martin Ennals Award for Human Rights Defenders (MEA) is the main award of the human rights movement and as such can be labelled as the Nobel Price for human rights.
It is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
This award is selected by the International Human Rights Community (members of the jury are ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS).
It is given to Human Rights Defenders who have shown deep commitment and face great personal risk. The aim of the award is to highlight their work and protect them through increased visibility.
The 2015 Award will be presented on Oct. 6th at a ceremony hosted by the City of Geneva.
Since 2006, Ahmed Mansoor (United Arab Emirates) has focussed on initiatives concerning freedom of expression, civil and political rights.
He successfully campaigned in 2006-2007 to support two people jailed for critical social comments. They were released and the charges dropped.
Shortly after, the Prime Minister of UAE issued an order not to jail journalists in relation to their work.
He is one of the few voices within the United Arab Emirates who provides a credible independent assessment of human rights developments.
He regularly raises concerns on arbitrary detention, torture, international standards for fair trials, non-independence of the judiciary, and domestic laws that violate international law.
He was jailed in 2011 and since then has been denied a passport and banned from travelling.
“I’m very pleased to be nominated for the Martin Ennals award,” he said. “This recognition indicates that we are not left alone in this part of the world and I hope it will shed further light on the human rights issues in the UAE. It is not just full of skyscrapers, big malls and an area attractive to businesses, but there are other struggles of different sorts beneath all of that.”
Since his first year of University in 1974, Robert Sann Aung (Myanmar) has courageously fought against human rights abuses.
He has been repeatedly imprisoned in harsh conditions, physically attacked as well as regularly threatened.
His education was interrupted numerous times and he was disbarred from 1993 – 2012.
In 2012, he managed to regain his license to practice law. Since then he has represented jailed child soldiers, those protesting at a contested copper mine, peaceful political protesters, those whose land has been confiscated by the military, as well as student activists.
Throughout his career he has provided legal services, or just advice, often pro bono, to those whose rights have been affected.
“I feel humble and extremely honored to be nominated for this prestigious award. This nomination conveys the message to activists, human rights defenders and promoters who fight for equality, justice and democracy in Myanmar that their efforts are not forgotten by the world,” he said.
Asmaou Diallo (Guinea)’s human rights work started following the events of 28 September 2009 when the Guinean military attacked peaceful demonstrators.
Over 150 were killed, including her son, and over 100 women raped. Hundreds more were injured.
She and l’Association des Parents et Amis des Victimes du 28 septembre 2009 (APIVA), which she founded, work to obtain justice for these crimes and to provide medical and vocational support to victims of sexual assault, many of whom cannot return to their homes.
She has worked to encourage witnesses to come forward and supported them as they provided information and testimony to court proceedings.
As a result, eleven people have been charged, including senior army officers.
“Being among the nominees for the Martin Ennals Foundation encourages me to continue my fight for the protection and promotion of human rights in Guinea. I trust that this award will have a positive effect on the legal cases concerning the events of the September 28, 2009, and will be a lever for all defenders of human rights in Guinea,” she said.
Contact:
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Michael Khambatta, Director, Martin Ennals Foundation, t: +41 79 474 8208 ; e: khambatta(a)martinennalsaward.org
Universal-MEA Final Nominees 2015-News-Press Release-2015-ENG (Official press release in English)
Universal-MEA Final Nominees 2015-News-Press Release-2015-FRE (Official press release in French)
Universal-MEA Final Nominees 2015-News-Press Release-2015-ARA (Official press release in Arabic)
Universal-MEA Final Nominees 2015-News-Press Release-2015-BUR (Official press release in Burmese)
UAE-MEA 2015 Bio Ahmed Mansoor-2015-ENG (full bio in PDF)
Myanmar-MEA 2015 Bio Robert Sann Aung-2015-ENG (full bio in PDF)
Guinea-MEA 2015 Bio Asmaou Diallo-2015-ENG (full bio in PDF)
Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Myanmar.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The independence of the judiciary and legal profession;
- The lack of legislation adequately protecting human rights and the environment;
- Discriminatory laws targeting women and minorities; and,
- The writ of habeas corpus.
Myanmar-UPR-Advocacy-2015-ENG
Mar 3, 2015 | News
Myanmar’s parliament must reject or extensively revise a series of proposed laws that would entrench already widespread discrimination and risk fuelling further violence against religious minorities, Amnesty International and the ICJ said today.
A package of four laws described as aimed to “protect race and religion” – currently being debated in parliament – include provisions that are deeply discriminatory on religious and gender grounds.
They would force people to seek government approval to convert to a different religion or adopt a new religion and impose a series of discriminatory obligations on non-Buddhist men who marry Buddhist women.
“Myanmar’s parliament must reject these grossly discriminatory laws which should never have been tabled in the first place. They play into harmful stereotypes about women and minorities, in particular Muslims, which are often propagated by extremist nationalist groups,” said Richard Bennett, Amnesty International’s Asia-Pacific Director.
“If these drafts become law, they would not only give the state free rein to further discriminate against women and minorities, but could also ignite further ethnic violence,” he added.
The draft laws have been tabled at a time of a disturbing rise in ethnic and religious tensions, as well as ongoing systematic discrimination against women, in Myanmar.
In this context, where minority groups – and in particular the Rohingya (photo) – face severe discrimination in law, policy and practice, the draft laws could be interpreted to target women and specific communities identified on a discriminatory basis.
“The passage of these laws would not only jeopardize the ability of ethnic and religious minorities in Myanmar to exercise their rights, it could be interpreted as signalling government acquiescence, or even assent, to discriminatory actions,” said Sam Zarifi, ICJ’s Asia Director. “The introduction of these discriminatory bills is distracting from the many serious political and economic issues facing Myanmar today.”
Of the four draft laws, two – the Religious Conversion Bill and the Buddhist Women’s Special Marriage Bill – are inherently flawed and should be rejected completely.
The remaining two – the Monogamy Bill and the Population Control Healthcare Bill – need serious revision and the inclusion of adequate safeguards against all forms of discrimination before being considered, let alone adopted.
These bills do not accord with international human rights law and standards, including Myanmar’s legal obligations as a state party to the UN Convention on the Elimination of all Forms of Discrimination against Women and the UN Convention on the Rights of the Child.
Amnesty International and the ICJ have conducted a legal analysis of the four laws and have found that:
- The Religious Conversion Bill stipulates that anyone who wants to convert to a different faith will have to apply through a state-governed body, in clear violation of the right to choose one’s own religion. It would establish local “Registration Boards”, made up of government officials and community members who would “approve” applications for conversion. It is unclear whether and how the bill applies to non-citizens, in particular the Rohingya minority, who are denied citizenship in Myanmar. Given the alarming rise of religious tensions in Myanmar, authorities could abuse this law and further harass minorities
- The Buddhist Women’s Special Marriage Bill explicitly and exclusively targets and regulates the marriage of Buddhist women with men from another religion. It blatantly discriminates on both religious and gender grounds, and feeds into widespread stereotypes that Buddhist women are “vulnerable” and that their non-Buddhist husbands will seek to forcibly convert them. The bill discriminates against Buddhist women as well as against non-Buddhist men who face significantly more burdens than Buddhist men should they marry a Buddhist woman.
- The Population Control Healthcare Bill – ostensibly aimed at improving living standards among poor communities – lacks human rights safeguards. The bill establishes a 36-month “birth spacing” interval for women between child births, though it is unclear whether or how women who violate the law would be punished. The lack of essential safeguards to protect women who have children more frequently potentially creates an environment that could lead to forced reproductive control methods, such as coerced contraception, forced sterilization or abortion.
- The Monogamy Bill introduces new provisions that could constitute arbitrary interference with one’s privacy and family – including by criminalizing extra-marital relations – instead of clarifying or consolidating existing marriage and family laws.
Contact
In Bangkok – Sam Zarifi, ICJ Regional Director for Asia and the Pacific, sam.zarifi(a)icj.org; m +66807819002
In London – Olof Blomqvist, Amnesty International Asia-Pacific Press Officer, olof.blomqvist(a)amnesty.org; t: +44 20 7413 5871, m +44 790 4397 956
An extensive legal analysis of the laws by Amnesty International and the ICJ can be found here:
Myanmar-Reject discriminatory race and religion draft laws-Advocacy-2015-ENG (full text in PDF)
