Nov 24, 2015 | News
The government and all political parties, along with the country’s neighbors and international supporters, must act immediately to end the increasingly violent political crisis in the southern Terai region said the ICJ today.
The associated border blockade that has imposed severe shortages of necessary commodities throughout the country must also be ended, the ICJ added.
Over the weekend, three individuals were killed and at least another 28 individuals, including 15 police officers, were injured during clashes following an apparent impasse in talks among political parties trying to end the crisis over the newly adopted Constitution.
“Nepali authorities should promptly investigate and bring to justice the perpetrators – be they security forces or protesters – of any unlawful killings and other acts of violence committed during the ongoing protests in the Terai, and ensure that security forces refrain from the use of excessive force against civilians,” said Sam Zarifi, ICJ’s Asia-Pacific Director.
“At the same time, the Nepal government must address the severe shortage of commodities and the impact it has had on economic and social rights by prioritizing the most urgent needs while working to resolve the constitutional crisis,” he added.
The border blockade initiated nearly three months ago has had a deeply detrimental impact on the economic and social rights of the population countrywide, including the rights to food, water and sanitation, health and adequate housing, by causing severe shortages of essential commodities such as fuel, cooking gas and medical supplies throughout the country.
Madhesi groups have been demonstrating against Nepal’s new Constitution in the Terai since August 2015, protesting discriminatory aspects of the new Constitution that they argue would entrench marginalization, and have been staging a de facto blockade at the main border posts along the Nepal-India border since the Constitution was adopted on 20 September 2015.
India has been accused of imposing or collaborating in the blockade, an allegation which the Indian government has denied.
The ICJ has previously highlighted the lack of proper consultation in the drafting and adoption of the Constitution as well as the substantive human rights defects in its text, particularly the discriminatory provisions on the rights of women and some ethnic groups.
More than 45 persons, including 8 police personnel, have been killed during violent confrontations that have erupted between protesters and security forces since the demonstrations began, with allegations of excessive use of force by Nepali security forces as well as violent attacks by protesters against police personnel.
One Indian national was apparently killed by Nepali security forces at the Birgunj border last month.
“The Nepal government has a responsibility to protect the rights and security of its people and to re-establish the rule of law in the Terai,” said Zarifi. “However, Nepal must at all times respect the people’s right to peaceful protest and free assembly, and ensure that security forces exercise maximum restraint when responding to the demonstrations.”
The ICJ emphasizes that India and Nepal have an obligation to protect the human rights, including the economic and social rights, of persons impacted by their acts or the actions of those under their jurisdiction, and accordingly have an obligation to remove obstacles to the enjoyment of those rights.
“Nepal has an obligation to ensure that all available resources at their disposal have been mobilized to alleviate the human rights and humanitarian impact of the border blockade on the most vulnerable sections of the population,” Zarifi added. “The Nepal government must provide a clear plan to assess and address the impact of the blockade by prioritizing available supplies to the most urgently needed areas throughout the country, not just in Kathmandu.”
“The impact of the blockade is all the more acute because the country is still reeling from the 25th April earthquake and its ongoing aftershocks,” Zarifi said. “The international community, particularly neighboring India, should do all it can to ensure that urgent humanitarian assistance gets to the Nepali people.”
Contact
Nikhil Narayan, ICJ Senior Legal Adviser for South Asia, t: +977 9813187821 ; e: nikhil.narayan(a)icj.org
Photo credit: HRW
Sep 14, 2015 | Advocacy, Non-legal submissions
In advance of the UN Human Rights Council’s adoption of the outcome of its review of the Maldives’ human rights record as part of the Universal Periodic Review (UPR) process, the ICJ has submitted a written statement.
It highlights the Maldives’ failure to accept and implement a number of member states’ UPR recommendations.
In particular, the ICJ pointed out the urgent need for Maldives to accept and implement recommendations regarding the following issues, among others:
- Strengthening the independence and impartiality of the judiciary;
- Strengthening the independence and impartiality of the Judicial Service Commission;
- Strengthening the National Human Rights Commission, in accordance with the Paris Principles;
- Strengthening women’s representation in the judicial profession;
- Immediately releasing former president Mohamed Nasheed and other political prisoners, and ensuring the fairness of any further legal proceedings in such cases; and
- Safeguarding freedom of expression and media, association and peaceful assembly by investigating cases of human rights abuse and violations against journalists, civil society and human rights defenders, and taking effective measures to prevent further abuses
The Council will consider member states’ UPR recommendations for the Maldives during its 30th session on 24 September 2015, ahead of which the Maldives government will be expected to formally respond and indicate which of the recommendations it will commit to implement.
Aug 28, 2015 | News
The Malaysian authorities must take effective measures to actively protect the rights of participants at the Bersih 4.0 rally in Kuala Lumpur this weekend, and ensure that the rally takes place without violent obstruction by counter demonstrators, said the ICJ today.
On 29 and 30 August, BERSIH 2.0, a coalition formed in 2005 to push for electoral reforms in Malaysia, will be organizing a 34-hour public assembly to address allegations of corruption against the Malaysian Prime Minister. The public assembly is commonly called Bersih 4.0.
The Malaysian government has declared the rally illegal and the Malaysian Communications and Multimedia Commission has decided to block websites that are spreading information about the Bersih 4.0 rally, claiming that they are a threat to national stability.
“Under international law, the Malaysian government has the positive obligation to create an enabling environment and to facilitate the exercise of the right to free expression and free assembly,” said Sam Zarifi, ICJ’s Regional Director on Asia and the Pacific.
“Instead of respecting these rights, the government’s actions such as declaring the protest illegal and blocking information on the internet, are likely to enflame the situation and are in violation of Malaysian law and international standards,” he added.
International law and standards, including the Universal Declaration of Human Rights guarantee the right to freedom of peaceful assembly and the right to seek, receive and impart information, which is also an essential element of the right to freedom of expression.
Furthermore, the UN Special Rapporteur on the right to freedom of peaceful assembly and association highlighted the important role of the internet as a basic tool for individuals to organize peaceful assemblies, and emphasized that governments must ensure access to the Internet at all times, including during times of unrest.
Any determination on what website content should be blocked must be undertaken by a competent judicial authority or a body that is independent of any political, commercial, or other unwarranted influences.
“The Malaysian authorities must ensure that the people of Malaysia are able to exercise their right to peacefully assemble and to freely express their opinion, including regarding matters of good governance and democracy,” Zarifi said.
“The job of the police is not to dispel the protesters, but rather to ensure their protection – such as from possible violence from counter demonstrators.”
Contact:
Sam Zarifi, ICJ’s Regional Director on Asia and the Pacific, t: +668 0781 9002 ; e: sam.zarifi(a)icj.org
Aug 6, 2015 | News
Malaysian authorities must stop using vague and poorly defined laws to arrest and harass people for participating or organizing peaceful demonstrations, the ICJ said today.
The ICJ called for the repeal of Section 124B of the Penal Code, or its amendment in line with international standards.
At least 37 people have been swept up in arrests in recent days, many on 1 August at a rally organized in Kuala Lumpur by Demi Malaysia (For Malaysia) – a youth group comprised of activists from civil society groups, political parties and student organizations.
“As an immediate matter, the Malaysian government must ensure that no charges are brought against some 37 people who were arrested and detained this week for organizing a peaceful public demonstration,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser on Southeast Asia. “As the government faces a wave of public criticism, it seems to be resorting to new legal mechanisms to block peaceful assembly and free expression—but these are guaranteed human rights and a crucial component of parliamentary democracy.”
At least 30 people were detained in the past few days under Section 143 of the Penal Code, which addresses “unlawful assemblies”.
Another seven people were arrested and held under Section 124B of the Penal Code, which states:
“Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years.”
The seven individuals arrested under Section 124B were Adam Adli, Shukri Abdul Razab, Mandeep Singh, Safwan Anang, Hishammudin Rais, Vince Tan, and Fahmi Zainol. They were arrested before the public assembly occurred and are alleged to be involved in organizing the event.
“The use of Section 124B against people organizing a peaceful protest is particularly alarming, as the law’s language is impermissibly vague and broad, and the punishment of 20 years imprisonment is disproportionately harsh,” said Gil. “The Malaysian government must immediately move to substantially amend or repeal this problematic law, and meanwhile ensure that it is not used to charge any peaceful protesters.”
Gil further said: “An activity detrimental to parliamentary democracy’ is defined under Section 130A of the Penal Code to mean actions that are violent or unconstitutional, conditions clearly not present with this group of people arrested”.
“Section 124B has never been used before and the Malaysian government should ensure that this is never used in the future,” she added.
All 37 individuals arrested were released on police bail, except for Adam Adli, Shukri Abdul Razab, and Mandeep Singh, who were released after their lawyers successfully obtained an order from the High Court to review the order to remand them.
“Malaysia’s current political situation will likely see more public demonstrations critical of the government; it is the government’s responsibility to allow these peaceful protests to take place and to defend the rights of the protesters, not to trample on their rights,” Gil said. “Malaysia has the positive obligation under international human rights law not only to protect peaceful assemblies, but also to facilitate the exercise of the right to freedom of peaceful assembly.”
The right to freedom of peaceful assembly is guaranteed in key international human rights instruments.
The UN Human Rights Council underscored its commitment to promote and protect the right to freedom of peaceful assembly and association by adopting several resolutions on this issue, the most recent of which is Resolution 24/5, which was adopted in October 2013.
In Resolution 24/5, the UN Human Rights Council reminded States of their obligation to respect and fully protect the rights of all individuals, including human rights defenders, to assemble peacefully.
Background
On 1 August 2015, youth group Demi Malaysia (For Malaysia) organized a rally in Kuala Lumpur to call for the resignation of Malaysian Prime Minister Najib Razak for having failed to provide adequate responses on how 1Malaysia Development Berhad (1MDB), a strategic government fund, will be able to repay its debts that have amounted to billions of ringgit. Recently, Prime Minister Najib Razak has been facing allegations that he misappropriated RM 2.6 billion (USD 700 million) of 1MDB funds.
Adam Adli, Shukri Abdul Razab and Mandeep Singh were arrested and detained under s.124B of the Penal Code a day before the rally, while four others, Safwan Anang, Hishammudin Rais, Vince Tan and Fahmi Zainol were arrested and detained under the same provision on 1 August before the rally begun.
Contact
Emerlynne Gil, ICJ Senior International Legal Adviser, (Bangkok); t: +668 409 23575; e: emerlynne.gil(a)icj.org.
Photo: Zikri Kamarulzaman / Malaysiakini
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
