Submission on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

Amnesty International welcomes the opportunity to provide this submission to the Joint Parliamentary Committee on Intelligence and Security’s Inquiry into the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015.

The legislation raises significant questions relating to human rights, statelessness, citizenship, and the limits of executive power. Australia is party to numerous international legal conventions which are applicable to the Bill. This submission considers a number of Australia’s international legal obligations.

Amnesty International concurs with the UN Global Counter-Terrorism Strategy that respect and protection of human rights and the rule of law are a ‘fundamental basis of the fight against terrorism.’ Under international human rights law, any interference with human rights for the protection of national security must meet the tests of being demonstrably necessary for that purpose and proportionate to the harm it is aimed to prevent. The burden is on the state to demonstrate the necessity and proportionality of the restriction. Restrictions must be consistent with all other human rights recognised in international law; may not impair the essence of the right affected; and may not be applied in a discriminatory or arbitrary manner.

What does Amnesty International recommend?

Amnesty International recommends that Parliament rejects the legislation.

If the Bill is to be passed, Amnesty International recommends that at a minimum, the Australian Parliament:

  • amend the bill to only allow the loss of Australian citizenship after a criminal conviction in a court of law
  • ensure the legislation adheres to Australia’s international legal obligations, preserving the principle that stripping citizenship is both an extraordinary measure and a last resort
  • reject the retrospective operation of the legislation
  • eject any effort to expand the legislation to cover sole nationals.

Time to focus on African women and girls’ rights

The African Union has dedicated 2016 as the “Year of Human Rights, with particular focus on the rights of Women.” In making this pledge, the AU signalled that the time had come to prioritise the need for real improvements in women and girls’ daily lives.

At the core, this requires urgent recognition of the importance of sexual and reproductive rights which empower women and girls to make informed choices about their own health, bodies and futures.

Already this year, thousands of women and girls have died unnecessarily in pregnancy and childbirth across the continent.

Already this year, thousands of women and girls have died unnecessarily in pregnancy and childbirth across the continent.

These deaths bear witness to the urgent need to bring women’s rights firmly into the frame.

Gender inequality is a cause of maternal deaths, often resulting in barriers to essential health services and information.

Obstacles such as user fees, the need for third party consent for treatment and a lack of privacy and confidentiality at health facilities can dramatically impact on maternal health outcomes.

Such challenges are often more difficult for women and girls who experience discrimination, including for adolescents and those in child marriages, or women and girls needing access to safe abortions.

Sexual and reproductive rights include the right to decide if, when and whom to marry and if, when and how many children to have.

Sexual and reproductive rights include the right to decide if, when and whom to marry and if, when and how many children to have.

Women and girls also have the right to choose any method of modern contraception, and the right to the information and education necessary to make those decisions.

These rights are set out in international laws, including the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, known as the “Maputo Protocol.” African leaders have long committed to sign, ratify, domesticate and implement the Protocol. However, as at the end of June 2016, 17 African States were yet to ratify the Protocol.

African Leaders would do well to listen to Sara*, a girl from Burkina Faso, who suggested to Amnesty International recently that in order to tackle child marriage and improve health outcomes for girls, “we need to educate girls so that they can be independent and have the means to avoid forced marriages.

The woman is not considered at the moment, but with education, we can empower her.

 Only 64% of girls in Burkina Faso can access education.

The authorities must enforce sanctions against families who give their daughters in marriage against their own consent, and eliminate forced marriages”

In Burkina Faso, for example, only 64% of girls can access education.

By the age of 19, most girls have already become wives, and nearly half of all young women are already mothers.

By the age of 19, most girls have already become wives, and nearly half of all young women are already mothers.

In Sierra Leone, pregnant girls are excluded from mainstream schools and barred from sitting vital exams.

Such action not only stigmatises an estimated 10 000 girls, but risks destroying their future life opportunities.

Child marriage and adolescent pregnancy and motherhood also increase the risk of other human rights’ abuses, including violence and violations of rights to education, employment and reproductive health.

Signalling cause for optimism, this year The Gambia became the 13th African nation to join the AU’s Campaign to End Child Marriage.

A woman and her child outside a refuge for survivors of rape, early and forced marriage in Burkina Faso
A woman and her child outside a refuge for survivors of rape, early and forced marriage in Burkina Faso. © Sophie Garcia/Amnesty International

In Malawi and Zimbabwe, the existing law has been successfully challenged to increase the legal age for marriage to 18 for both boys and girls. In June, the Southern African Development Community adopted a Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage.

In order to genuinely tackle child marriage, states will need to go beyond the welcome law reforms and verbal commitments.

In order to genuinely tackle child marriage, states will need to go beyond the welcome law reforms and verbal commitments.

One of the most important measures will be for states to fulfil their human rights obligations – under the Maputo Protocol and others – to take concrete measures to confront and eradicate harmful practices and negative social and gender norms which condone and perpetuate the practice.

At the AU’s January summit this year, the African Commission on Human and People’s Rights also lit a flare of hope for women’s rights by launching a vital campaign calling for the decriminalisation of abortion in Africa.

The Commission emphasises the human rights’ violations associated with an estimated six million unsafe abortions which occur in Africa every year, resulting in 29 000 deaths and countless serious injuries and disabilities for poor, mostly rural-based African women and girls, under the age 25.

A woman plays with her child outside a shelter in Burkina Faso, which has the 7th highest rate of child marriage in the world.
A woman plays with her child outside a shelter in Burkina Faso, which has the 7th highest rate of child marriage in the world. © Sophie Garcia/Amnesty International

There is much to celebrate at the year’s halfway point, but at the AU summit in Kigali, Rwanda this week, countries have no time to lose in ensuring a human rights-based approach, leading to real change and inclusion for women and girls in Africa.

This lens for implementation will support the AU’s development agenda under project 2063, and international development commitments of the UN’s sustainable development goals (SDGs).

The SDGs specifically recognise the importance of sexual and reproductive health and reproductive rights, and tasks states to achieve a significant reduction in their maternal mortality ratios, reducing HIV and ensuring universal access to sexual and reproductive health services.

Girls like Sara are waiting for states to live up to their promises. It’s time for the AU to show the necessary leadership on the protection of women and girls’ human rights. It’s time to enable girls to fulfil their true potential.

*Not her real name

This article originally appeared on The Namibian here.

Turkey: State of emergency must not roll back human rights

President Erdogan’s announcement of the imposition of a state of emergency must not pave the way for a roll-back in human rights or be used as a pretext to further clamp down on freedom of expression and protections against arbitrary detention and torture.

Following a meeting of the National Security Council and the Turkish cabinet late Wednesday night, President Erdogan announced that the government will impose a state of emergency for at least three months.

“In the wake of the violence surrounding the attempted coup, taking measures prioritising public security is understandable. But emergency measures must respect Turkey’s obligations under international law, should not discard hard won freedoms and human rights safeguards, and must not become permanent,” said Andrew Gardner, Amnesty International’s Turkey researcher.

“In a situation where almost 10,000 people are currently in detention, amidst allegations of ill-treatment in custody, and when government ministries and media institutions are being purged, the enhanced powers afforded by the state of emergency could pave the way for a further roll back on human rights.”

In a chilling harbinger of what is to come, the deputy Prime Minister announced today that for the duration of the state of emergency the government will suspend the European Convention on Human Rights.

In a chilling harbinger of what is to come, the deputy Prime Minister announced today that for the duration of the state of emergency the government will suspend the European Convention on Human Rights.

The state of emergency allows the Prime Minister along with his cabinet the power to rule by decree and bypass Parliament. Amnesty International fears that the move could be used as a pretext for the authorities to extend the period of pre-charge detention which currently stands at four days. Under the current circumstances such an extension could further undermine protections against ill-treatment as well as the right to a fair trial. Emergency measures could also be used to impose arbitrary restrictions on freedom of expression and freedom of peaceful assembly, and to deny the right of civil servants to appeal their suspensions and dismissals.

Under international law, emergency measures must be necessary and proportionate in scope and duration and only used to counter genuine security threats to the nation. Critically, they must be carefully monitored, temporary, and employed judiciously, that is, only when absolutely required.

“It is vital that the Turkish government do not use the state of emergency as a pretext to clampdown on peaceful dissent even harder. Even in times of emergency, Turkey’s constitution guarantees that its obligations under international law should not be violated.”

Andrew gardner, amnesty international

“It is vital that the Turkish government do not use the state of emergency as a pretext to clampdown on peaceful dissent even harder. Even in times of emergency, Turkey’s constitution guarantees that its obligations under international law should not be violated,” said Andrew Gardner.

“Under international law, there are certain rights, like the right to a fair trial and bans on torture and discrimination, which can never be suspended or limited in any way,”

“The government has abused existing laws, the state of emergency gives them increased scope to continue on this dangerous path.”

Background

  • The government has embarked on a crackdown of exceptional proportions, targeting people they accuse of being linked to Fethullah Gülen, who they accuse of masterminding the coup plot. Amnesty International is concerned that the authorities are acting arbitrarily, detaining and suspending people without evidence of wrongdoing.
  • Since the attempted coup at least 2,745 judges and prosecutors have been suspended according to Habertürk, a mainstream pro-government Turkish television news channel. According to Numan Kurtulmuş, the deputy Prime Minister, 2,277 judges and prosecutors have been detained, of which 1270 are in pre-trial detention and 730 are in pre-charge detention.
  • On 19 July the Ministry of Education reported that 15,200 Ministry personnel had been suspended and that they are under investigation for links to Fethullah Gülen. According to the pro-government Sabah daily, on 19 July, 1,577 university deans were asked to resign by the Council of Higher Education (YÖK). Of these 195 deans have already tendered their resignations. All of the deans will be investigated for links to Fethullah Gülen according to Habertürk.
  • According to the semi-official Anadolu Turkish news agency, the government has begun the process of closing 524 private schools and 102 other institutions operating under the Ministry of Education for suspected links to Fethullah Gülen.
  • The Ministry of Education has also suspended the right of academics to conduct research abroad until further notice and has called back academics who are presently working abroad.
  • Authorities have arbitrarily blocked access to more than 20 news websites; have revoked the licenses of 25 media houses in the country; 34 individual journalists have had their press cards cancelled; and at least one journalist has had an arrest warrant issued against her for her coverage of the attempted coup.
  • This morning respected human rights lawyer and journalist Orhan Kemal Cengiz was detained in Istanbul and taken to the city’s police headquarters.

Hong Kong: Guilty verdicts against student leaders latest blow for freedom of expression

The Hong Kong authorities’ prosecution of three pro-democracy student leaders sends a chilling warning for freedom of expression and peaceful assembly in the city, after Joshua Wong, Alex Chow and Nathan Law were found guilty for their roles in events that triggered 2014’s Umbrella Movement.

The city’s Eastern Magistrates’ Court found Joshua Wong and Alex Chow guilty of “taking part in an unlawful assembly”. Joshua Wong was acquitted on a second charge of “inciting others to take part in an unlawful assembly”, but Nathan Law was found guilty on the same charge. Sentencing was adjourned until 15 August.

“The prosecution of student leaders on vague charges smacks of political payback by the authorities,” said Mabel Au, Director of Amnesty International Hong Kong.

“The prosecution of student leaders on vague charges smacks of political payback by the authorities.”

Mabel au, amnesty international

“The continued persecution of prominent figures of the Umbrella Movement is a blow to freedom of expression and peaceful assembly in Hong Kong.”

The convictions relate to a specific incident on 26 September 2014 at the beginning of the student-led pro-democracy protest outside government headquarters in Hong Kong. On that day several students climbed into the fenced-off forecourt, commonly known as Civic Square. The square had been a popular site for previous peaceful protests on other occasions, before the authorities restricted access to it in the summer of 2014.

The police’s handling of this initial protest and the arrests of the student leaders at that time was a crucial factor in tens of thousands of pro-democracy supporters taking to the streets in the days immediately afterwards.

The police’s handling of this initial protest and the arrests of the student leaders at that time was a crucial factor in tens of thousands of pro-democracy supporters taking to the streets in the days immediately afterwards.

The vague provisions of Hong Kong’s Public Order Ordinance, on which this prosecution was based, have been repeatedly criticized by the UN Human Rights Committee for failing to fully meet international human rights law and standards on the right of peaceful assembly.

“The authorities must stop using vague laws in an attempt to intimidate people from exercising their right to peaceful assembly,” said Mabel Au.

“The authorities must stop using vague laws in an attempt to intimidate people from exercising their right to peaceful assembly.”

mabel au, amnesty international

“Prosecutions aimed at shutting down participation in peaceful protests must be dropped.”

According to the police, 955 individuals were arrested for various alleged offences during the Umbrella Movement protests which took place from September to December 2014. Another 48 individuals were arrested after the protests, including for “unlawful assembly”. According to the Hong Kong government as of 31 January 2016, 216 people have been prosecuted, or continue to face charges for their alleged involvement in the protests.

Ukraine: Car bomb killing of journalist despicable attack on freedom of expression

This morning’s killing of prominent journalist Pavel Sheremet by a car bomb in central Kyiv is a reprehensible act that has sent a shockwave for freedom of expression in Ukraine, Amnesty International and Human Rights Watch said.

Pavel Sheremet, who writes for the country’s top internet news site Ukrayinska Pravda, was driving to work when his car exploded at 7.45 a.m.

“This attack on a journalist is a heinous crime and the ultimate violation of the freedom to expression. Pavel Sheremet’s killing must be thoroughly, impartially and independently investigated and those who are responsible must be brought to justice in a fair trial,” says Denis Krivosheev, Deputy Director for Europe and Central Asia at Amnesty International. “We call for better protection of journalists in Ukraine that has sad record of violence committed against media workers.”

“Pavel Sheremet’s killing must be thoroughly, impartially and independently investigated and those who are responsible must be brought to justice in a fair trial.”

Denis Krivosheev, amnesty international

Nobody has claimed responsibility for the attack, but Khatiya Dekanoidze, head of Ukraine’s National Police has said she will personally supervise the investigation.

Pavel Sheremet, 44, was a Belarusian journalist and TV host who has been exiled in Ukraine for many years due to media repression in Belarus. In 1997 the Belarusian government jailed him, allegedly for illegally crossing the border between Belarus and Lithuania.

He also previously worked in Russia as a TV host and journalist and moved to Kyiv five years ago due to the deterioration of press freedom in Russia. He was highly critical of Belarusian, Russian and Ukrainian authorities, and in 1998 the Committee to Protect Journalists awarded him its Press Freedom Award for his reporting.

Syria: Video showing beheading of boy further evidence of abuses by armed groups

A video showing the beheading of a boy by an armed opposition group in northern Syria is the latest abhorrent signal that some such groups are carrying out serious abuses with impunity.

The video, believed to be filmed near Aleppo, shows a man standing on the back of a truck carrying out an execution-style killing of a boy.

“This horrific video showing the beheading of a boy shows suggests some members of armed groups have truly plumbed the depths of depravity. It is yet another gruesome example of the summary killing of captives, which amounts to a war crime,” said Philip Luther, Director of Amnesty International’s Middle East and North Africa Program.

“This horrific video showing the beheading of a boy shows suggests some members of armed groups have truly plumbed the depths of depravity.”

philip luther, amnesty international

“All detainees, including captured fighters, must be treated humanely, and children in particular must be protected. This appalling incident appears to point to a pattern of abuses by armed groups in northern Syria who have free rein to commit summary killings, abductions and torture without any prospect of being held accountable.”

While Amnesty International cannot independently verify the details of this incident, its July briefing ‘Torture was my punishment’: Abductions, torture and summary killings under armed group rule in Aleppo and Idleb, Syria highlights a series of abuses by armed groups in the region, including the Nour al-Dine Zinki Movement, which is believed to be the group behind this killing.

The briefing features cases of people who were abducted and tortured by the Nour al-Dine Zinki Movement. It also includes accounts from media activists who received verbal and written threats from the group after they criticized them.

The Nour al-Dine Zinki Movement issued a statement condemning the beheading and tried to distance itself from the incident, describing it as an “individual error”, as well as re-affirming its commitment to respecting human rights.

“In addition to condemning such abuses leaders of armed opposition groups must remove from their ranks any members suspected of committing serious violations of international humanitarian law,” said Philip Luther.

“In addition to condemning such abuses leaders of armed opposition groups must remove from their ranks any members suspected of committing serious violations of international humanitarian law.”

philip luther, amnesty international

“Internationally, states taking part in talks over the Syria conflict must use any influence they have to pressure all armed groups engaged in the conflict to end violations of international humanitarian law including abductions, torture and other ill-treatment.”

Amnesty International has also documented indiscriminate attacks that have killed and injured civilians, in the Sheikh Maqsoud district of Aleppo city which were carried out by the Fatah Halab coalition of armed groups, which includes the Nour al-Dine Zinki Movement.

It remains the case that the vast majority of people who have died in custody during the last five years have been in the hands of the Syrian authorities.

Turkey: Media purge threatens freedom of expression

As the sweeping crackdown in Turkey following a failed coup continues, purges may be extended to censor media houses and journalists, including those critical of government policy.

“We are witnessing a crackdown of exceptional proportions in Turkey at the moment. While it is understandable, and legitimate, that the government wishes to investigate and punish those responsible for this bloody coup attempt, they must abide by the rule of law and respect freedom of expression,” said Andrew Gardner, Amnesty International’s Turkey researcher.

“While it is understandable, and legitimate, that the government wishes to investigate and punish those responsible for this bloody coup attempt, they must abide by the rule of law and respect freedom of expression.”

andrew gardner, amnesty international

“Turkey’s people are still reeling from the shocking events of the weekend and it is vital that press freedom and the unhindered circulation of information are protected, rather than stiffled.”

Amnesty International has learned that the authorities arbitrarily blocked access to more than 20 news websites in the days following the coup attempt. Yesterday it was widely reported that the government revoked the licenses of 25 media houses in the country. In addition, 34 individual journalists have had their press cards cancelled and at least one journalist has had an arrest warrant issued against her for her coverage of the attempted coup.

Amnesty International is calling on the Turkish authorities to respect human rights and not arbitrarily restrict freedom of expression.

Myanmar: Sulphuric acid factory behind health fears must be relocated

The Myanmar government must immediately order the relocation of a sulphuric acid factory built dangerously close to a village, which is continuing to operate despite grave concerns over its health and environmental impact.

Residents of Kankone village told Amnesty International on a recent research mission to Myanmar that they are suffering from strong-smelling factory emissions that are causing respiratory, skin and eye problems.

The emissions, the residents said, have also damaged crops in the area. Soil samples examined by a government department and an environmental NGO in 2013 revealed high levels of sulphates in the soil. The test results, while limited, are a cause for serious concern about the factory and its impacts.

“Myanmar’s government must intervene immediately and stop the operations of the sulphuric acid factory. The factory must be relocated to an area where it can’t endanger anybody’s health,” said Amnesty International Business and Human Rights researcher Mark Dummett, who visited Kankone village in the country’s northwest Sagaing Region last month.

“The factory must be relocated to an area where it can’t endanger anybody’s health.”

Mark dummett, amnesty international

The Moe Gyo Sulphuric Acid Factory, built in 2007, was the subject of an investigation committee led by Aung San Suu Kyi in 2013. The committee found that the company that runs the factory had built it without securing permission from local authorities.

The company, Union of Myanmar Economic Holdings Limited (UMEHL), which is owned by the Myanmar military, subsequently obtained permission to operate the factory in July 2013.

It is a criminal offence in Myanmar to operate a factory without permission but the government failed to open an investigation into this matter, and imposed no sanction on the owners of UMEHL for illegally operating the factory from 2007 to 2013.

Last month, the newly elected municipal authorities decided not to renew the factory’s annual licence to operate pending an assessment of its health and environmental impacts, officials said. According to residents, the factory did not function for more than one month, however it has since resumed its operations without renewing its license to operate. A local official said that despite the lack of a license from the municipal authorities, a central government body is still allowing the factory to run.

“UMEHL shouldn’t ignore the concerns of the local authorities and must listen to the very serious complaints of the affected population. The central government now needs to stop the operations of this factory and move it to a safe location,” Mark Dummett said.

“UMEHL shouldn’t ignore the concerns of the local authorities and must listen to the very serious complaints of the affected population..”

mark dummett, amnesty international

Villagers reported that following the resumption of operations on 15 June, the air became so polluted that most students stopped attending school, which sits just 50 metres from the factory.

Amnesty International has been monitoring the situation closely, recording longstanding complaints from residents.

“Every time we smell the acid it is really bad. We tell the factory to stop it, but they say that’s not possible” a male resident told Amnesty International in 2014.

“Every time we smell the acid it is really bad. We tell the factory to stop it, but they say that’s not possible.”

kankone village resident

“People cannot stay in the village at those times. Our eyes tear up and we cough,” another man told Amnesty International on the same visit.

International best practice calls for a buffer zone between residential areas and a facility manufacturing hazardous chemicals to ensure human safety.

“People cannot stay in the village at those times. Our eyes tear up and we cough.”

KANKONE VILLAGE RESIDENT

Before any relocation of the factory, the government needs to ensure that its operator, UMEHL, conducts an adequate Environmental and Social Impact Assessment in consultation with affected people and discloses all safety measures to be taken prior to, during and after the move, Amnesty International said.

“The Myanmar government must also ensure that any negative impacts caused by the factory are fully assessed, disclosed and remediated,” Mark Dummett said. “The authorities must also investigate potential breaches of the Factories Act by UMEHL from 2007 to 2013.”

Background

The Moe Gyo Sulphuric Acid Factory supplies sulphuric acid to two copper mines, the Letpadaung and Sabetaung and Kyisintaung (S&K) mines. These are joint ventures between UMEHL and China’s Wanbao Mining. The giant Letpadaung mine officially started producing copper for the first time in May 2016.

Amnesty International’s 2015 report Open for Business? Corporate Crime and Abuses at Myanmar Copper Mine detailed serious human rights abuses linked to these two mines. They have a long history of forced evictions and thousands of people remain at risk of forced eviction.

The report also documented how largely peaceful protests were met with excessive use of force by police. On 22 December, 2014, Daw Khin Win, a woman villager who was protesting against the expansion of the Letpadaung mine was shot and killed by the police. In 2012, police used white phosphorus, a highly toxic and explosive substance, against peaceful protesters – an act amounting to torture, which is a crime under international law.

Amnesty International has ongoing concerns about the human and environmental impacts of the S&K and Letpadaung mines. An expert analysis of Wanbao’s Final Environmental and Social Impact Assessment of the mine revealed that serious deficiencies continue to exist. This analysis included concerns that the construction of embankments along the side of the mine may have worsened flooding in the areas next to and downstream of the embankments during August 2015.

Amnesty International has ongoing concerns about the human and environmental impacts of the S&K and Letpadaung mines.

On 15 June, 2016, Amnesty International wrote to the company, raising its concerns, and asking it to share what assessments it has collected, but has not received a response. The newly elected government must ensure that the operations of the Letpadaung mine are halted until the environmental and human rights concerns about the project are resolved in genuine consultation with all affected people.

Syria: Alarm over reports of high civilian death toll from US-led coalition airstrikes on Manbij

US-led coalition forces carrying out airstrikes in Syria must redouble efforts to prevent civilian deaths and investigate possible violations of international humanitarian law, amid growing reports that scores of men, women and children were killed in their homes in al-Tukhar village, near Manbij, on 18-19 July.

High civilian death toll

Since June, more than 100 civilians are reported to have been killed in suspected coalition attacks on the Manbij area of northern Syria, which has been controlled by the armed group calling itself Islamic State (IS).

“The bombing of al-Tukhar may have resulted in the largest loss of civilian life by coalition operations in Syria. There must be a prompt, independent and transparent investigation to determine what happened, who was responsible, and how to avoid further needless loss of civilian life. Anyone responsible for violations of international humanitarian law must be brought to justice and victims and their families should receive full reparation,” said Magdalena Mughrabi, interim Deputy Director of the Middle East and North Africa Programme at Amnesty International.

“There must be a prompt, independent and transparent investigation to determine what happened, who was responsible, and how to avoid further needless loss of civilian life.”

Worrying accounts from local activists, as well as photos and video evidence, point to at least 60 civilian deaths in airstrikes in recent days on al-Tukhar village, Manbij, in Aleppo governorate. The true death toll may be difficult to document – according to media reports, members of local families were buried when the airstrikes levelled their clay and adobe homes.

Dozens of air strikes by US forces

US Central Command (CENTCOM) statements said the US-led forces launched 11 strikes on 17 July and 18 strikes on 18 July against what it said were IS tactical units and fighting positions near Manbij.

Amnesty International has reviewed available information on dozens of suspected coalition airstrikes and found that in the majority of cases in which civilian casualties have been credibly reported, the coalition has dismissed the claims.

“International humanitarian law requires all parties to a conflict to prevent the needless loss of civilian life. Even if the coalition forces believed that fighters from the armed group calling itself Islamic State were present around al-Tukhar, they should have taken the necessary precaution to identify who else was present to avoid or at least minimize civilian casualties,” said Magdalena Mughrabi.

The latest deaths add to what are estimated to be hundreds of civilians killed in Syria as a result of airstrikes by coalition forces against IS there since September 2014. Media have also reported civilian casualties stemming from the coalition’s operations in Iraq.

Amnesty International will be seeking a clarification from CENTCOM about a series of other airstrikes causing civilian casualties which appear to have violated international humanitarian law.

Pakistan: End impunity for so-called ‘honour’ crimes

The Pakistani authorities must end impunity for so-called ‘honour’ killings and other violence against women. “The tragic killing of Qandeel Baloch, at the hands of her brother, has highlighted the need for urgent action to protect women and men from crimes that are justified as a defence of family honour.”

Amnesty International welcomes the decision of the Punjab authorities to register Qandeel Baloch’s murder as a crime against the state, and refuse her family the legal right to grant their son clemency.

“This needs to become the rule rather than the exception. Pakistan needs to undertake structural reforms that end impunity for so-called ‘honour’ killings, including by passing legislation that removes the option of clemency for such killings without resorting to the death penalty as a punishment,” said Champa Patel.

“Pakistan needs to undertake structural reforms that end impunity for so-called ‘honour’ killings, including by passing legislation that removes the option of clemency for such killings without resorting to the death penalty as a punishment.”

champa patel, amnesty international

Qandeel Baloch’s brother has confessed to strangling his sister to death during her sleep on 15 July, triggering global outrage.

Under Pakistan’s current laws, the family of a murder victim may pardon the perpetrator, including on payment of compensation known as ‘diyat’ or ‘blood money’. In cases of so-called honour killings, where members of the victim’s own family are responsible for the crime, the perpetrator may be pardoned by their own family and not face imprisonment or any other punishments.

“By failing to hold perpetrators of so-called ‘honour’ killings accountable for their crimes, the Pakistani state has been forfeiting its duty to the victims and letting a climate of impunity take reign. This leaves many thousands of people – mostly women and girls – from all walks of life and across the country at risk of falling victim to these crimes,” said Champa Patel.

“By failing to hold perpetrators of so-called ‘honour’ killings accountable for their crimes, the Pakistani state has been forfeiting its duty to the victims and letting a climate of impunity take reign.”

champa patel, amnesty international

In its latest annual report, the Human Rights Commission of Pakistan said that nearly 1,100 women were killed in Pakistan last year by relatives on so-called ‘honour’ grounds. In 2014, the figure was 1,000, and in 2013, it was 869.

Under international law, culture, custom, religion, tradition or so-called ‘honour’ cannot ever be considered a justification for any act of violence against women.

“There is no honour in killing women under any circumstances. The state must respect and protect women’s right to life, equality, and dignity so that they can make life decisions of their own without fear of retribution or violence,” said Champa Patel.

“There is no honour in killing women under any circumstances.”

champa patel

Background

The Pakistani parliament is currently debating a bill that, if passed, would lead to the removal of the option of clemency for so-called ‘honour’ crimes. While Amnesty International calls for an end to impunity for such crimes, it opposes the death penalty as a possible punishment.

Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the execution.