Saudi Arabia detains rights activist who defied women’s driving ban

Responding to news about the re-arrest of Saudi Arabian women’s rights activist Loujain al-Hathloul at King Fahad International Airport in Dammam in Saudi Arabia on 4 June, Samah Hadid Director of Campaigns for Amnesty International in the Middle–East said:

“The Saudi Arabian authorities’ continuous harassment of Loujain al-Hathloul is absurd and unjustifiable. It appears she is being targeted once again because of her peaceful work as a human rights defender speaking out for women’s rights, which are consistently trammelled in the kingdom. If so she must be immediately and unconditionally released.

“Instead of upholding its promise of a more tolerant Saudi Arabia, the government has again shattered any notion that it is genuinely committed to upholding equality and human rights.”

Amnesty International learned that Loujain al-Hathloul is due to travel from Dammam to Riyadh at 17:30 local time to be interrogated by the Bureau of Investigation and Prosecution. She has no access to a lawyer and has not been allowed to contact her family. The exact reason for her arrest remains unknown, however Amnesty International believes it is in relation to her human rights activism.

Loujain al-Hathloul is a prominent Saudi Arabian human rights defender who was detained for 73 days after she defied the kingdom’s de facto driving ban for women by attempting to drive into Saudi Arabia from the United Arab Emirates on 30 November 2014. Loujain al-Hathloul went on to stand for election in Saudi Arabia in November 2015 – the first time women were allowed to both vote and stand in elections in the state. However, despite finally being recognized as a candidate, her name was never added to the ballot.

Our 2020 Vision: 12 months of progress

Hi, I’m Gabe Kavanagh and I’m excited to tell you about the progress we’ve made over the past 12 months towards our 2020 Vision. As you know, we’ve set ourselves a challenging and ambitious human rights agenda to achieve by 2020. In the current global climate we’re needed more than ever, and the progress we’re making shows we’re on the right track.

Goal 1: demonstrating human rights wins

Twelve months ago, the imprisonment of Indigenous children and their treatment in detention barely rated a mention in parliament and was a blip on the national media radar.

We’ve worked with Aboriginal and Torres Strait Islander partners to change that. This issue is now in the media spotlight and leaders are starting to talk about it. Amnesty supporters, members, activists and groups have been at the forefront of this shift.

There’s still a long way to go, but across Australia we are making a real difference in children’s lives: recently we’ve seen positive changes in Queensland’s justice policies and children removed from a Victorian adult prison.

Activists are also continuing to protect the rights of refugees and people seeking asylum. This is certainly an uphill battle, but among the toxic political debate we are inching towards an end to offshore processing. Recently we’ve seen Australia go to extraordinary lengths to maintain the US-refugee deal, demonstrating how desperate the government is to get refugees off Manus and Nauru.

Our research and campaigning has proven Australia’s system of offshore detention is abusive, and the tireless work of activists to get this message out there has been nothing short of inspirational. You’ve hit the streets, you’ve turned up at your MPs’ offices, and you’ve shown solidarity with the courageous people Australia has held captive and turned away.

Our movement took an impressive 393,211 actions to defend the rights of individuals at risk last year. Our individuals at risk work is making a real impact in people’s lives, including for Peruvian farmer Maxima Acuna who recently had a win in the courts, and for Salar Shadizadi, who was recently released from prison in Iran.

Goal 2: being an empowered, effective and diverse movement of supporters

We need to be a large, powerful and diverse mass movement to achieve change.

We have 200 action groups around the country and about 250 school groups. Amnesty groups are getting increasingly organised with local plans for action, and this is paying off.

In the past year alone, local groups met with the NSW and Tasmanian State Premiers, the Prime Minister and dozens of Ministers and local MPs, to advocate on our campaigns. We know these meetings have been pivotal in changing our leaders minds.

We have around 1,600 highly engaged activists who are potential and developing leaders. We’re working to build their capacity so we can realise our vision at a national, regional and local level.

Goal 3: inspiring people to increase their commitment and support

We want to inspire people to have a strong and long-lasting relationship with Amnesty and we need to invest in new fundraising strategies if we’re to continue to make a difference around the world.

The importance of the funding we provide to the international movement and other Amnesty sections cannot be understated. I recently visited the Philippines Amnesty section and was reminded just how important our fundraising is to the wider Amnesty movement. The situation facing our staff, supporters and members in the Philippines is dire, and they are directly impacted by the violence surrounding the so-called “drug war” – many have personally faced intimidation.

Despite this, they’re working tirelessly to shine a spotlight on the government-sanctioned killings, and to stop the reintroduction of the death penalty. For a section of only 12 staff and 12,000 supporters what they’ve achieved is impressive. We are able to support this critical work by providing funding that goes to staff, office space and activism resources.

Thank you

I want to thank each and every one of our members, activists, donors and supporters. With millions of others from around the world, we stand against human rights abuses and make the world a better, safer, freer place.

Thank you for all your support and I look forward to continuing the journey with you.

Gabe Kavanagh

National President, Amnesty International Australia

Singapore: Restrictions to LGBT gathering another attempt to suppress activism

Singapore authorities must immediately revoke a new requirement that requires that entrances to a peaceful assembly are barricaded, and that people will be subjected to identity checks in order to enter. This restriction is another attempt by authorities to restrict and suppress peaceful activism in Singapore.

On 30 May, organisers of Pink Dot – an annual gathering for lesbian, gay, bisexual and transgender (LGBT) people, their friends, families and supporters of LGBT rights – announced that police will require barricades around the perimeter of Hong Lim Park, where the event is scheduled to be held. Additionally, as well as bag checks, mandatory identity checks would be carried out on the day of the event. Pink Dot has taken place in Singapore since 2009, and is next scheduled to take place on 1 July 2017. Security concerns, as well new legal restrictions which prevent participation in public assemblies by those who are not Singapore citizens or permanent residents, are apparently the reason for these measures.

Amnesty International believes that these latest restrictions imposed by the Singaporean authorities on peaceful assembly are another attempt to force almost impossibly stringent requirements on activists and human rights defenders in the country. These measures are, in effect, yet another means of discouraging gatherings and protests by individuals and groups who challenge social and cultural norms or who express dissenting views.

The organisation is particularly concerned that the new decision to impose identity checks on event participants sets a disturbing precedent. As such, it calls on the government to urgently clarify if all other assemblies will be subject to the same restrictions as Pink Dot.

In April 2017, amendments to Singapore’s Public Order Act adopted by its parliament gave police and other officials additional broad powers to limit or ban public assemblies and protests. Under the revised Act, police and the Home Minister have wide discretion to cancel, postpone or relocate events. The Act also banned those who are not Singapore citizens or permanent residents from attending, organising or funding, assemblies in any way.

The amendment to the Public Order Act increases the risk of criminalisation of peaceful assembly in Singapore and will stigmatise those who participate in these rallies, including LGBT people, instead of ensuring they are able to enjoy their human rights without discrimination.

Discrimination against LGBT people in Singapore was raised by numerous states during the review of Singapore’s human rights record at the UN in 2016. Section 377A of the Penal Code criminalises consensual sexual relations between men, and must be repealed. In June 2016, the Home Affairs Ministry announced that foreign corporate sponsors would no longer be allowed to fund Pink Dot. As a consequence of this restriction, the organisers were forced to raise funds towards the 2017 event solely from local donors.

The Universal Declaration of Human Rights affirms that everyone has the right to freedom of peaceful assembly. Under international human rights law, this right is not limited to those who are citizens or permanent residents of a country, and restrictions on it are only permissible if they are demonstrably necessary and proportionate for the protection of specific public interests or the rights and freedoms of others.

Amnesty International calls on the Singaporean authorities to respect and protect the right to peaceful assembly and ensure that they work to facilitate peaceful demonstrations instead of creating more restrictions to silence communities, or their critics.

Background

The Public Order Act, first promulgated in 2009, regulates public talks, religious assemblies and political protests, among other public events in Singapore.

As of 3 April, organisers of public events have had to adhere to strict measures such as applying for a permit at least 28 days in advance and informing the police of the estimated size of the gathering. Failure to do so will result in a fine of SGD $20,000 (AUD $19,500) or imprisonment for up to a year, or both.

Under the revised Act, police and the Home Minister have broad powers to cancel, postpone or move events. An application for a permit may also be rejected if the police deem that a public meeting will be used for a political purpose and be attended, organised or funded, in any way by foreign nationals.

In April, Amnesty International expressed concern that authorities would use the added powers granted by the new law to further curtail freedom of expression and peaceful assembly, in an environment where government critics and activists are already heavily controlled.

 

Protection for gay men in Chechnya: Sydney action marks start of global demand

 

Amnesty International has gathered more than half a million signatures worldwide on petitions calling for an end to the appalling persecution of men perceived to be gay in the Russian republic of Chechnya. In a global day of action on 2 June, Amnesty International activists handed in petitions to Russian embassies around the world.

As a preview to the main event, Amnesty International Australia attempted to present the petition to the Russian Consulate in Sydney onJune 1, with a photo of the five Russian activists arrested for delivering a similar petition on May 11. The consulate refused to meet with them.

There will also be an array of stunts in major cities in the next week, to protest the coordinated campaign of abductions, torture and death by the Chechen authorities.

“The clock is ticking for gay men in Chechnya, who are living under the shadow of this terrifying purge. We are urging the international community to open their doors to all those fleeing homophobic persecution in Chechnya,” said John Dalhuisen, Amnesty International’s Director for Europe and Central Asia.

“The Chechen authorities claim that gay men do not exist. This week people from around the world will come together in defiance to show gay men in Chechnya that we recognize them and demand their protection.”

Thousands of signatures have been collected from countries as far apart as Taiwan and Brazil. As well as petition hand-ins, stunts and protests will take place this week and next outside Russian embassies in countries including Belgium, Canada, Finland, Italy, the Netherlands, Norway, Spain, Sweden, Ukraine and the UK.

The Russian authorities have opened a preliminary investigation into the reports of persecution. Amnesty International is calling on them to proceed to a full-blown criminal investigation, and to take all necessary steps to ensure the safety of individuals who may be at risk in Chechnya.

Background

On 1 April, the Russian independent daily newspaper Novaya Gazeta reported that more than 100 men believed to be gay had been abducted in recent days, as part of a coordinated campaign.

The men were reportedly tortured and otherwise ill-treated, and at least three were killed.

USA: Trump’s expected decision to leave the global climate deal could result in a human rights catastrophe of epic proportions

In response to reports that President Donald Trump is expected to pull the USA from the Paris Agreement on climate change, Margaret Huang, executive director of Amnesty International USA said:

“Let there be no doubt, President Trump’s expected decision to withdraw the USA from the global climate deal is an assault on a range of human rights putting millions of people’s lives and wellbeing around the world in severe jeopardy.

“By refusing to join other nations in taking necessary steps to drastically reduce greenhouse gas emissions and mitigate climate change, the President is effectively saying: ‘Let them drown, burn and starve’.”

Margaret Huang, executive director of Amnesty International USA

“By refusing to join other nations in taking necessary steps to drastically reduce greenhouse gas emissions and mitigate climate change, the President is effectively saying: ‘Let them drown, burn and starve’.

“Climate change is one of the most pervasive threats to human societies that the world has ever experienced. It is also one that can quickly and irreversibly spill out of control. As glaciers melt, lakes and riverbeds dry up, forests burn, crops die out and heatwaves rage, it will have devastating impact on human rights.

“It has the potential to make social inequality, famine and the refugee crisis even more acute. Hundreds of millions of people would be denied their rights to life, to health, food, water and housing. Those in vulnerable situations in every continent around the world, especially children, will be among the worst hit.

“We urge President Trump not to set the world on a deadly collision course with disaster, war and insecurity. All states must move away from fossil fuels or risk provoking a human rights catastrophe of epic and irreversible proportions.”

“We urge President Trump not to set the world on a deadly collision course with disaster, war and insecurity.  All states must move away from fossil fuels or risk provoking a human rights catastrophe of epic and irreversible proportions.”

 

Background

The Paris Agreement is the the world’s most ambitious climate change agreement. One hundred and twenty five countries have ratified the agreement, which entered into force in November 2016.

Under the Paris Agreement, states commit to holding the increase in global average temperatures to well below 2 degrees Celsius above preindustrial levels and striving toward limiting the increase to 1.5 degrees, which is the level determined by scientists as the maximum to avoid disastrous climate change.

The USA is the world’s second largest contributor to carbon emissions and world’s largest economy and so should provide the much needed technology and funds to implement global climate programs to assist developing countries reduce emissions and assist their peoples to protect themselves from the effects of climate change.

Under the Paris Agreement, the United States had committed to reduce emissions by 26–28% below 2005 levels by 2025, which itself would not have been consistent with limiting climate change to below 2°C.

Failure to prevent dangerous levels of climate change would have a disastrous consequences for human rights. Without strong action to prevent it, climate change is expected to cause 250,000 deaths per year between 2030 and 2050 due to malaria, malnutrition, diarrhoea and heat stress; increase the number of people at risk of hunger by 600 million by 2080 and displace 330 million people through flooding. Hundreds of millions of people would be denied their rights to life, to health, food, water, housing and other rights. The adverse effects are likely to be disproportionately experienced by those living in poverty, particularly women and girls, Indigenous Peoples and others disadvantaged due to discrimination.

Our friends on Manus are living in great fear

Sister Jane Keogh, an elderly woman, holds a piece of paper and speaks into a microphone
Sister Jane Keogh at a rally for refugees and people seeking asylum. © Private

Sister Jane Keogh is in daily communication with several of the young men that the Australian government has trapped on Manus Island. She visited Manus in April; here she relates the fear and danger that the men face daily.

My young friends at the Manus Island detention centre are in utter fear right now, as they have been told they must live in Lorengau town, Papua New Guinea (PNG). They are afraid this means they will be left forever in PNG with no safety, destitute and hopeless.

Daily fear and danger on Manus

Before I visited Manus in April I had two previous experiences of the men’s fear.

One morning I was on a video call with two men walking near the local town. Suddenly the screen flipped. There was shouting. My friends were running. They were being chased by a drunk with a knife. The incident itself lasted about three minutes but it was at least three days before I could get one of the guys calm enough to sleep at night.

Many local people feel sorry for the refugees. A senior local PNG government official said to me, “Can you explain to me please why Australia has this policy about refugees?” Others don’t want the refugees there. The local politician has threatened to blockade Lorengau town if refugees are made to live there.

The fear of physical attack is very real for my friends. One told me, “Many of us have been attacked. If we are forced to stay here we could die here and no one will even notice”.

Good Friday on Manus Island

The second time I saw my friends terrified was on Good Friday,  on another video call with a Manus refugee.

The man suddenly started shouting, “They are shooting at us. They have gun. Live bullets. Pray for us. Pray for us. They are shooting at us.”

I could see his silhouette against darkness. And then, in the background, I saw three progressive flashes in a straight line. I had never seen a gun fired before but I knew immediately the flashes showed the trajectory of bullets. The guy was terrified. The three of us on the video link couldn’t believe what we were seeing.

I had never seen a gun fired before but I knew immediately the flashes showed the trajectory of bullets.

Manus shooting’s aftermath

A few days after the shooting, I made it to Lorengau on Manus to meet my friends. They were still scared. None of them would consider walking alone anywhere. Some wouldn’t leave the camp at all.

The guys couldn’t understand why Mr Dutton did not condemn the shootings. One guy said, “They shot real guns at us and Mr Dutton makes up a story about fruit and tried to blame us”.  The men have no way to protect themselves from the Australian government’s misinformation; and this ongoing misinformation makes it even more dangerous for them.

The local Police Commander David Yapu talked to us, saying he’d watched the CCTV of the shootings and seen the bullet holes. His subsequent public statements acknowledged the truth of what happened.

Stress levels at crisis point

In my two years of friendship with the men on Manus, I have never seen their fear and stress levels at such a crisis point.

One man said to me, “How will we protect ourselves? When we are in danger the guards here run away. In the town, where can we hide?”

Another said, “We are all very afraid. One week now I have not slept. No one in Fox [compound] is sleeping. Everything is stopped. In our home country we saw killing. Now we have the same fear and now we have nowhere left to go. Please tell all your friends to tell Australian government to help us. We are human.”

A fraught existence in PNG

What government officials don’t understand is that for these men, survival in PNG is not possible. For them there is no job security, no welfare support, no legal protection, no freedom to travel or get away from trouble, and the constant threat of violence.

To survive in PNG you need community; these men have none. Some have tried to settle in PNG or Lae but have ended up back on Manus or in Moresby, afraid and almost destitute.

None of my friends blame the local people. They realise the PNG people do the best they can in the light of the Australian government offloading its responsibilities to them.

What government officials don’t understand is that for these men, survival in PNG is not possible.

A plea to Australia

Australia is a successful multicultural country. We have the infrastructure, the finances, and many Australians have the heart to welcome these people in search of safety. All we lack is the political will.

Our friends on Manus are living in great fear right now. People like me who know and support them recognise their fear is well founded. We cry for them. We cry for Australia’s lost humanity. Every day I get several messages, desperate calls for help. They say, “Do not leave us here to die.”

Every day I get several messages, desperate calls for help. They say, “Do not leave us here to die.”

 

Egypt’s NGO law threatens to annihilate human rights groups

A new law signed by Egyptian President Abdel Fattah al-Sisi, imposing unprecedentedly harsh restrictions on NGOs, could be a death sentence for human rights groups in the country.

“This is a catastrophic blow for human rights groups working in Egypt. The severity of the restrictions imposed by this law threatens to annihilate NGOs in the country, at a time when the authorities’ escalating crackdown on dissent makes their work more important than ever, said Najia Bounaim, Campaigns Director for North Africa at Amnesty International.

“This law, which gives the government extraordinary powers to control NGOs and imposes harsh punishments and fines for any violation of its draconian provisions, is the latest ploy by the Egyptian authorities to silence all independent voices.”

After the law was approved by parliament in November 2016, Amnesty International called on the President not to sign it due to its conflict with Egypt`s constitution and international obligations. However, the President signed the law without addressing any of the concerns raised by Egyptian or international human rights organizations.

Targeted campaign

Over the past three years, Egyptian authorities have orchestrated a targeted campaign against human rights organizations. Twenty-four have been banned from travel, and seven organizations and 10 individuals have had their assets frozen. Most recently, investigative judges summoned two NGO directors, Mohamed Zaree from Cairo Institute for Human Rights Studies and Mustafa el-Hassan from Hisham Mubarak Law Center. Both were released on bail.

Even in the past week repressive measures have intensified against other critical voices. On 23 May, Egyptian authorities arrested the former presidential candidate Khaled Ali on charges of committing acts that violate public decency. The Public Prosecution released him on bail the second day and referred him to  trial. The authorities have also recently blocked more than 21 websites, among them the prominent news platforms Mada Masr and Daily News Egypt.

Ramping up attacks

“For too long the international community has turned a blind eye to the steady erosion of human rights in Egypt, thus encouraging the authorities to ramp up their attacks on peaceful criticism without fear of being held to account,” said Najia Bounaim.

“We are calling on them to urgently pressure the Egyptian authorities into closing the ongoing criminal investigation into the work of human rights groups, which together with the new law will have devastating consequences for human rights in Egypt.”

 

 

France: Unchecked clampdown on protests under guise of fighting terrorism

Powers designed to combat terrorism have been repeatedly misused to curb peaceful protest, our new report has found.

A right not a threat: Disproportionate restrictions on demonstrations under the State of Emergency in France reveals that hundreds of unjustified measures restricting freedom of movement and the right to peaceful assembly have been issued under the guise of countering terrorism.

“Emergency laws intended to protect the French people from the threat of terrorism are instead being used to restrict their rights to protest peacefully,” said Marco Perolini, Amnesty International’s researcher on France.

“Under the cover of the state of emergency, rights to protest have been stripped away with hundreds of activists, environmentalists, and labour rights campaigners unjustifiably banned from participating in protests.”

“State of Emergency”

Following the horrific Paris attacks on 13 November 2015, France’s state of emergency, introduced a day later, has been renewed five times normalizing a range of intrusive measures.

These include powers to ban demonstrations on vague grounds and prevent individuals attending protests. Last week, President Macron indicated that he will ask parliament to extend it for a sixth time.

The state of emergency allows prefects to ban any gathering as a precautionary measure on very broad and undefined grounds of ‘threat to public order’. These powers to restrict the right to freedom of peaceful assembly have frequently been used disproportionately.

Between November 2015 and 5 May 2017, authorities used emergency powers to issue 155 decrees prohibiting public assemblies, in addition to banning dozens of protests using ordinary French law.

They also imposed 639 measures preventing specific individuals participating in public assemblies.

People prevented from protesting

Of these, 574 were targeted at those protesting against proposed labour law reforms. Moreover, according to media reports, authorities imposed dozens of similar measures to prevent people from participating in protests after the second round of the presidential elections on 7 May.

One labour law protestor told Amnesty International: “You get the impression that they use any means at their disposal to attack those who are the most active in the movement.”

Charles, a young student living in Paris, was prohibited from attending two protests against labour law reforms on the grounds that he had been previously arrested, though not charged, at a protest.

He told Amnesty International: “They accused me of being one of the violent demonstrators…I felt like I had been treated like a terrorist, like someone dangerous.”

These restrictions breach the presumption under international law that a demonstration should be assumed to be peaceful unless authorities can show otherwise. Protests are being seen as a potential threat rather than a fundamental right.

Batons, rubber bullets, tear gas

In defiance of the restrictions under the state of emergency, many have continued to protest. However, those who braved the restrictions have frequently been met with unnecessary or excessive force by the security forces.

Batons, rubber bullets and tear gas have been used against peaceful protesters who did not appear to threaten public order.

Whilst some of those involved in these public assemblies did engage in acts of violence, hundreds, if not thousands, of protesters suffered injuries at the hands of police.

The Street Medics, an informal movement of first-aid workers, estimated that in Paris alone, around 1,000 protesters were injured by police during protests against the labour law reforms.

Kicked, beaten, and losing an eye.

Amnesty International has seen video evidence of four police officers kicking and beating Paco, a 16-year-old student, with batons before arresting him. Two witnesses told Amnesty International that Paco was not engaging in violence when he was attacked by the police.

Jean-François, a 20-year-old student who lost his left eye when he was shot by police with a rubber bullet, told Amnesty International: “I am very angry. Before that I tended to trust the police.”

“By drastically lowering the bar for restricting the right to freedom of peaceful assembly, France’s state of emergency has resulted in the egregious misuse of what were designed to be exceptional measures to counter terrorism. People peacefully exercising their right to assembly have been swept up in a crude anti-terrorism net,” said Marco Perolini.

“In the run-up to the election, Emmanuel Macron promised to protect the right to protest in France. Now he is President, he must turn his words into action.”

“With the battle lines already being drawn between the new president and the unions on labour law reform, President Macron must stop the misuse of anti-terrorism powers to restrict peaceful protest and end France’s dangerous and dizzying spiral towards a permanent state of emergency.”

Background

France’s state of emergency allows prefects to ban any gathering as a precautionary measure on very broad and undefined grounds of ‘threat to public order’. These powers to restrict the right to freedom of peaceful assembly have frequently been used disproportionately.

Bans on public assemblies have also been justified by authorities on the grounds that they lack sufficient policing resources to maintain public order. The authorities argue that they must prioritize resources to counter the threat of violent attacks on the public. The use of resource-intensive strategies by police to contain peaceful protesters calls into question this explanation.

Amnesty International observers attended a peaceful protest in Paris on 5 July where police corralled hundreds of people on the Pont de la Concorde for several hours – a tactic that required substantial police resources.

Cambodia: Courts of Injustice

 

Cambodia’s government is using its courts to silence human rights defenders and political activists, Amnesty International says in a new report.

Using its tight grip on the criminal justice system, the Cambodian government has brought a series of trumped-up charges against members of the political opposition, trade union activists, human rights activists, and political commentators, in an attempt to harass, intimidate and punish them.

“In Cambodia, the courts are tools in the hands of the government. Much lip-service is paid to the judiciary’s independence, but the evidence reveals a cynical manipulation of the criminal justice system to serve political goals and silence people whose views the government refuses to tolerate,” said Champa Patel, Amnesty International’s Director for Southeast Asia and the Pacific.

 “Far from letting justice take its course on the basis of law, our research shows how procedural rules are bent to serve a set purpose, delivering pre-determined outcomes at the behest of the government. It is essential that peaceful activists have all charges against them dropped and are immediately released.”

There are currently 27 human rights defenders and political activists behind bars while hundreds of others are subject to criminal proceedings as part of a concerted attempt by the Cambodian government to crush any public criticism in the country, however peaceful.

There are currently 27 human rights defenders and political activists behind bars while hundreds of others are subject to criminal proceedings as part of a concerted attempt by the government to crush any public criticism in the country, however peaceful.

The new briefing, Courts of Injustice, details how Cambodia’s opaque criminal justice system has been manipulated by the government to detain people on groundless charges before subjecting them to unfair trials.

The ADHOC five

One of the most prominent cases of persecution in 2016 involved the prolonged arbitrary detention of human rights defenders from ADHOC, the country’s oldest human rights organisation. Five current and former members of ADHOC staff were arbitrarily and unjustifiably charged with bribery over an alleged sex scandal. They have since spent over a year in pre-trial detention.

Kem Sokha, then Deputy President of the opposition Cambodia National Rescue Party (CNRP) who was allegedly involved in the scandal, and other members of his party, were also hit with a series of trumped up criminal charges.

The case of Tep Vanny

Another case highlighted in the briefing is that of Tep Vanny, Cambodia’s most high-profile activist who has been arrested at least five times since the last general election.

Currently behind bars for the third time as a prisoner of conscience, Tep Vanny is a housing-rights activist who has spent a decade defending her community in central Phnom Penh, where thousands of families have been evicted from their homes.

Along with her fellow activists, many of them women, she has been targeted by the authorities on politically motivated charges, harassed, beaten, arrested and imprisoned. She is currently serving a 2½ year sentence.

Tep Vanny features in Amnesty International’s human rights defenders’ global campaign.

Leaving people in limbo

One of the ways in which people are ensnared by Cambodia’s criminal justice system is to let criminal cases against them languish, leaving them open without carrying out a preliminary investigation and prosecuting.

The effect of this is to leave the accused in a precarious state of uncertainty. Once a criminal complaint has been filed, the authorities can use it as a pretext to control the accused’s behaviour for years. At any moment, even years later, the case can be revived, without any effort being made to investigate or prosecute the matter in the intervening period.

At times, criminal investigations against human rights activists have remained open for an inordinate amount of time, leaving them in legal limbo for many years.

“Convenient” timing

Many of the cases examined by Amnesty International reveal that decisions on how cases should proceed are often made not on the basis of an investigation’s progress, but to coincide with political events, such as demonstrations, elections or negotiations with the opposition.

Bending the law to their will, the authorities often fail to adequately inform people accused of offences of the proceedings against them. In other cases, investigations and prosecutions only take place ahead of looming political events or public demonstrations, preventing key activists from taking part.

“Prosecutions do not appear to be driven by a desire to see justice done for past crimes, instead justice is travestied so that human rights defenders and political activists cannot exercise their rights to freedom of expression and peaceful assembly,” said Champa Patel.

In cases where activists are brought to trial for peacefully exercising their rights, convictions almost automatically follow. Amnesty International knows of no case where a human rights defender or a political activist has been acquitted.

Unfair trials and convictions

In cases where activists are brought to trial for peacefully exercising their rights, convictions almost automatically follow. Amnesty International knows of no case where a human rights defender or a political activist has been acquitted.

Only after international pressure has been brought to bear have the authorities released activists on suspended sentences.

“Cambodia desperately needs a justice system worthy of the name. As the government faces greater pressure from critics and opponents, it is likely to use the courts against more activists. Only a truly independent judiciary that holds the government to its international human rights obligations rather than acting on its whims can prevent further such injustices,” said Champa Patel.

 

All we want is a life we can create in safety

By Imran Mohammad

Somewhere in our hearts, we had hoped that we would be moved to safety by the end of October this year when this prison — Manus RPC Concentration Camp — was closed down. However, these hopes were dashed when another devastating announcement was made on 15 May by Papua New Guinea Immigration, which has ruined the lives of refugees and asylum seekers once again.

According to the announcement, PNG — with Australia’s support — will close the centre on 31 October 2017. Foxtrot compound will be the first to close, starting with N block on 28 May, but by 30 June the whole Foxtrot compound will be evacuated and the area will be locked. No-one will be permitted to enter and the electricity will be turned off.

Choices for refugees are to move to accommodation in the PNG community, temporarily relocate to the East Lorengau Refugee Transit Centre, return home voluntarily with reintegration assistance or move to a third country where they have the right to reside.

The statement was read to us by PNG immigration officials… Most of us had no idea what they were saying as there were no interpreters, nor was there anyone from the Australian Immigration Department. None of us slept the following night as everything is going to be destroyed again.

Non-refugees will have to return home voluntarily with reintegration assistance, be moved from the country by the Government of PNG without any reintegration assistance, or temporarily move to another compound.

In coming months, other compounds will also be closed and demolished.

The statement was read to us by PNG immigration officials. Even though it wasn’t a game, it felt like they were play-acting. It was very easy for them to bring some papers and read them out, but such an announcement will completely demolish our lives and leave us in limbo with nothing. Most of us had no idea what they were saying as there were no interpreters, nor was there anyone from the Australian Immigration Department. None of us slept the following night as everything is going to be destroyed again.

We have been imprisoned for almost four years and we have deteriorated physically and mentally. However, now we are expected to live a normal life in the community in PNG with no chance of healing and with no help or support.

We respect people, but in return we have been robbed, beaten up, assaulted and, more importantly, lives have been lost — it is the refugees and asylum seekers who remain the victims. We will never be able to build a normal life in PNG, as we are being introduced as criminals by the Australian government and so there will be no respect for us.

Many Australians have visited Manus Island and, having seen it with their own eyes, their reaction is that it is not a safe place to stay. They have seen how traumatised we are. When we go into town, we are desperate to get back to the prison centre. One day, one of the security guards asked me why. He just couldn’t understand our situation — that although we are  completely sick of  this hellhole, it is the only place where we know we are not going to be attacked.

When we go into town, we are desperate to get back to the prison centre. One day, one of the security guards asked me why. He just couldn’t understand our situation — that although we are  completely sick of  this hellhole, it is the only place where we know we are not going to be attacked.

Not long ago, Australian security guards and PNG police officers would search our rooms every few months. We were moved out at 6am and placed in the heat of the sun until the search was over. We were escorted by security guards to use the toilet, the door of which we were not allowed to lock. Our belongings were stolen or confiscated because they thought it was contraband, when in fact it was not. We can never question those in charge — if we do, we are put in prison straight away. This is life on Manus Island.

We anticipate there will be more violence in the coming months, as thousands of locals who work here will lose their jobs. They have been working here for almost four years and have got the taste of money — their lifestyle has changed dramatically. They will lose everything overnight and go back to their old lives. Just think how desperate they will be and what will happen to their families. Furthermore, they won’t want us here if they are not making money from us.

Our prison centre will be closed down by 31 October 2017, but we don’t know how many years we are going to be kept in the Transit Centre. We don’t know what will happen if we are forced to move to other places in PNG.

We know now that there is no place for us in this world. If  there was, we would  have  been resettled somewhere, not suffered as we have done in this prison.

We know now that there is no place for us in this world. If there was, we would have been resettled somewhere, not suffered as we have done in this prison.

We don’t expect any hope from the Australian and PNG governments. We have always felt that we would never leave this island alive and it has become apparent that the abuse and torture implemented by both countries is unending. All we want to say to both governments is we would rather die than suffer to such an extent.

All we want is a life that we can create in safety — that’s all we create. And I beg you today on behalf of all the refugees and asylum seekers, please open your heart, show some kindness and compassion and humanity.

 


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