Human Rights Brief

Volume 16 | Issue 2 Article 6

2009 International Legal Updates Carlin Moore American University Washington College of Law

Bryan Bach American University Washington College of Law

Megan Chapman American University Washington College of Law

Soumya Venkatesh American University Washington College of Law

Kate Kovarovic American University Washington College of Law

See next page for additional authors

Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, and the International Law Commons

Recommended Citation Moore, Carlin, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, and Juvaria Khan. "International Legal Updates." Human Rights Brief 16, no. 2 (2009): 29-39.

This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Authors Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, and Juvaria Khan

This column is available in Human Rights Brief: http://digitalcommons.wcl.american.edu/hrbrief/vol16/iss2/6 Moore et al.: International Legal Updates

International Legal Updates

Un i t e d St a t e s Commission received over 200 reports of became significantly less than the sala- human rights violations that occurred in a ries of the male managers with equal or U.S.-Mexico Security Cooperation: large-scale police operation in the Mexican less experience. “Ledbetter was the only The Mérida Initiative town of San Salvador Atenco in 2006. The woman working as an area manager and Miguel Agustin Pro Juarez Human Rights the pay discrepancy between Ledbetter and The Mérida Initiative is a central ele- Center represents eleven women before the her 15 male counterparts was stark,” stated ment in a broader strategy of growing IACHR. One is Maria Patricia Romero who Justice Ginsburg’s dissent in Ledbetter v. cooperation between the U.S. and Mexico spent two years in prison after her convic- Goodyear Tire & Rubber Co. The 2007 to address the shared threat presented by tions for insulting police and carrying pro- Supreme Court decision ruled that employ- organized crime. Major drug cartels control hibited weapons during an operation in San ees subject to pay discrimination must file the narcotics trade in Mexico, and demand Salvador Atenco, Mexico State. a claim within 180 days of the employer’s for drugs in the U.S. is a significant cata- original decision to pay them less. Even if Although the aid package is largely in lyst for their continued trafficking across the employee continued to receive reduced the form of military assistance, the Mérida the border. Additionally, the drug cartels paychecks or did not discover the discrimi- Initiative requires the Mexican government purchase weapons in the U.S. and smuggle natory reduction in pay until after the 180 to meet several benchmarks that address them into Mexico. The Mérida Initiative days, the individual was still subject to the the human rights violations taking place. will allow the U.S. to provide significant 180-day limitation. support to Mexico as the fight against drug Specifically, the legislation prohibits 15% crime in Mexico grows more and more of the funds from being disbursed until The Lilly Ledbetter Fair Pay Act, signed violent. the U.S. State Department reports that the into law by President Barack Obama on Mexican government is (1) improving the January 29, 2009, effectively reverses the In October 2007, former U.S. President transparency and accountability of police Supreme Court’s Ledbetter decision by George W. Bush announced the Mérida forces; (2) ensuring that civilian prosecu- allowing individuals to file complaints 180 Initiative to “. . . combat the threats of drug tors and judicial authorities are investigat- days after any discriminatory paycheck or trafficking, transnational crime, and terror- ing and prosecuting members of federal practice occurs. In other words, each new ism in the Western Hemisphere.” Signed police and military forces credibly alleged paycheck violates the law if it is the result into law on June 30, 2008, the initiative to have committed human rights viola- of a discriminatory decision made in the includes aid for seven Central American tions; (3) enforcing the prohibition against past. Individuals can also receive back pay countries including Belize, Costa Rica, El using testimony obtained through torture as compensation for discrimination that Salvador, Guatemala, Honduras, Nicara- as evidence in court; and (4) establish- occurred up to two years preceding the fil- gua, and Panama. The Mérida Initiative ing a mechanism for regular consultation ing of the complaint. provides $1.4 billion over three years in between the Mexican government and civil In addition to the Lilly Ledbetter Fair equipment and training from the U.S. to society to monitor implementation of the Pay Act, the House of Representatives the Mexican government to support both Mérida Initiative. law enforcement efforts directed against passed the Paycheck Fairness Act intro- organized crime and long-term institution duced by Representative Rosa DeLauro building for federal police and the judicial Wage Discrimination and former Senator Hillary Clinton in 2007. system. Safeguards The Senate is still debating the bill which would provide more effective remedies to The U.S. Congress recognizes that Mexican President Felipe Calderón, who victims of discrimination when the pay- “despite the enactment of the Equal Pay took office in 2006, implemented an aggres- ment of wages was based on the sex of Act in 1963, many women continue to earn sive law enforcement strategy against orga- the individual. The bill seeks to allow significantly lower pay than men for equal nized crime and took significant steps to unlimited punitive and compensatory dam- work. In many instances, the pay disparities make the federal police more effective and age awards under the Equal Pay Act, even can only be due to continued intentional dependable. The increased police presence when the wage disparity is unintentional. discrimination or the lingering effects of has led to serious human rights violations by The bill calls for a study of data collected past discrimination.” The Lilly Ledbetter authorities. Civil society groups have gone by the Equal Employment Opportunity Fair Pay Act gives individuals more time before the Inter-American Commission on Commission related to employee pay infor- to file lawsuits claiming job discrimination. Human Rights (IACHR) to demand the mation for use in the enforcement of Fed- The Paycheck Fairness Act makes it easier investigation and punishment of torture and eral laws prohibiting pay discrimination. for women to prove violations of the Equal sexual abuse committed by state authorities It also proposes voluntary guidelines for Pay Act of 1963. during police operations at several loca- employers on how to evaluate jobs with the tions, including Oaxaca and Jalisco. The Lilly Ledbetter worked as an area man- goal of eliminating unfair disparities. Presi- Mexican government has acknowledged ager at Goodyear, a position mostly held dent Obama supports this bill and is eager that Mexico’s National Human Rights by men. After several years, her salary to sign it into law once it passes the ­Senate.

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The Lilly Ledbetter Fair Pay Act and Pay- The law allows the U.S. to withhold tech- victed. He has repeatedly denied charges check Fairness Act ensure that women like nical and monetary assistance if a country and openly professed his innocence, stating, Ms. Ledbetter and other victims of pay fails to meet those minimum standards of “I never ordered the death of anybody.” discrimination can effectively challenge improvement. The legislation also calls for The trial addresses two high-profile unequal pay. studies of the commercial sex industry and massacres carried out by “La Colina,” an the psychological and medical conditions Army Intelligence Service death squad Enhanced Measures to Combat of victims. allegedly under Fujimori’s direct control Human Trafficking To assist with prosecution, the law during the height of the counterinsurgency United States Congresswoman Caro- expands federal jurisdiction to U.S. citi- campaign. In 1991, La Colina raided a lyn B. Maloney stated, “Thousands of zens and permanent residents who commit barbeque in a poor suburb of Lima, killing human trafficking victims are being held forced labor or sex trafficking crimes while 15 people, including a young boy. Then, in in often deplorable conditions in cities and they were living abroad. The law requires 1992, the group kidnapped and summar- towns throughout America. Let there be no prosecutors to show “reckless disregard for ily executed nine students and a professor mistake: human trafficking is modern-day the victim” in order to convict traffickers, from La Cantuta University. Their remains slavery.” The William Wilberforce Traf- making it easier to prosecute offenders. were discovered in an unmarked grave. ficking Victims Protection Reauthorization It also places restrictions on offenders’ Fujimori is also charged with ordering Act of 2008 enhances measures to com- passports for cross-border crimes, thus pre- the illegal detention of journalist Gustavo bat human trafficking domestically and venting them from leaving the country to Gorriti and of businessman Samuel Dyer, around the world. The legislation reautho- escape prosecution. both in 1992. Cesar Nakazaki, Fujimori’s rizes funding for the Trafficking Victims principal lawyer, has admitted that, “a con- The Act allows trafficking victims to Protection Act of 2000. The legislation viction is a possible scenario,” but asserted seek reparations and civil damages from directs the U.S. Agency for International that the prosecutors “have not proved that anyone profiting from them in an attempt Development, the Department of State, and ex-president Fujimori created policies vio- to reduce the incentives to engage in human the Department of Defense. It incorporates lating human rights, nor that he created and trafficking. It also expands the eligibility anti-trafficking and protection measures for controlled the Colina group.” for visas and non-visa status for trafficking vulnerable populations, particularly women victims and their families, enabling more Lawyers representing families of the and children, into their post-conflict and individuals to reside in the U.S. and permit victims have expressed fears over the inde- humanitarian emergency assistance and them to receive federal benefits. This is a pendence of Peru’s Supreme Court and of program activities. The legislation includes significant provision in that it allows traf- Lima’s High Court. The presidents of both language for targeting prostitution, slave ficking victims, commonly smuggled by courts have expressed favorable views of labor, and forced child soldiers, as these are force into the U.S., to stay in the country leaders closely tied to Fujimori. Javier all interrelated to human trafficking. without fear of immigration proceedings. Villa Stein, who has been president of the From the years 2001 to 2007, the Depart- The Department of Homeland Security, Supreme Court since January 1, 2009, is in ment of Justice’s (DOJ) Civil Rights Divi- the Department of Labor, immigration and a particularly influential position. As presi- sion and U.S Attorneys’ Offices prosecuted trafficking experts, and the Congressional dent, Villa Stein will play a major role in 156 trafficking cases, securing 342 convic- Budget Office project that these provisions selecting the panel of judges that will have tions and rescuing more than 1400 victims. will enable 100–150 additional people per ultimate discretion in permitting Fujimori’s The DOJ has brought together federal, year to become eligible for benefits— appeal, should he choose to contest the state, and local law enforcement investiga- such as Medicaid—available to refugees eventual verdict. One lawyer representing tors and prosecutors, along with social ser- sooner than they could have prior to the the families of the victims lamented, “the vices agencies, to help identify and rescue legislation. president of the Supreme Court has already all kinds of trafficking victims and to pun- expressed his views on the validity of evi- ish offenders. Congresswoman Maloney La t i n Am e r i c a dence presented in the legal proceedings further stated, “The bipartisan Wilberforce against Fujimori administration officials, Act will dramatically strengthen our efforts Peru: Fujimori Awaits which means that for the sake of indepen- to fight human trafficking, giving prosecu- Verdict after Yearlong Trial dence, autonomy, and objectivity of the tors the tools they need to hold traffickers Prosecutors and defense lawyers gave judiciary, he should have nothing to do accountable and providing a helping hand final arguments in the trial against former with this trial.” to victims, as well.” The law specifically Peruvian President Alberto Fujimori on Other concerns about Villa Stein’s enhances systemic measures, tools for pros- January 12, 2009 in Lima. Fujimori stands impartiality surround his past clients. As an ecutors, and help for victims. accused of directing a dirty war against attorney, Villa Stein defended two former One systemic improvement is the cre- Sendero Luminoso, a Maoist guerilla insur- owners of newspapers who received funds ation of a system for rating countries to gency that his administration ultimately through a program under Fujimori’s direct help gauge the progress made in combat- crushed, at the expense of many civilian control. Villa Stein also provided legal ing human trafficking. The U.S. Depart- lives. The charges allege that he authorized assistance to Fujimori’s former attorney ment of State produces reports that cover specific human rights abuses throughout general Blanca Colán and to his former all countries’ compliance with minimum his decade in power. Now 70 and ailing, army chief José Villanueva, both of whom standards to combat human trafficking. Fujimori faces up to 30 years in jail if con- have been convicted of corruption. Another

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lawyer representing the victims’ families cannot cover expenses. Fleeing is simply charged with investigating gender violence summed up his concerns, saying, “I would not an option as the fazendas are in remote is pursuing over 2000 leads. have preferred another justice to be selected locations. Moreover, ranchers warn that December 12, 2008 marked the second as Supreme Court president, someone who errant workers will be found and returned, anniversary of the UN-sponsored Inter- could guarantee that there is no threat of if they escape, to repay their debts. national Commission against Impunity in distortion in the process, but regretfully that Determining the precise number of Guatemala (CICIG, the acronym for its did not happen.” workers laboring in slave-like conditions name in Spanish). CICIG framers sought to The yearlong trial, which has been con- has been difficult. The CNBB’s Pastoral create a tribunal that would independently tinuously televised via a live courtroom Land Commission estimates that there are investigate organized crime. The CICIG feed, has divided Peru. Many Peruvians between 25,000 and 40,000 workers in a seeks to prosecute and punish illegal secu- view Fujimori with a lingering sense of state of forced labor. The Brazilian gov- rity groups and clandestine organizations loyalty, as their past president who defeated ernment has drawn up a National Action and aims to strengthen domestic institutions a brutal insurgency and revived an econ- Plan and passed a number of initiatives such as the Public Prosecutor’s Office. The omy ravaged by inflation. Others, however, that make it easier for numerous bodies CICIG has authority to enter into agree- view Fujimori’s ten-year reign as autocratic and organizations to work together. Brazil ments with the Public Prosecutor’s Office, and corrupt. Fujimori rose to power through entered a cooperation agreement with the the Supreme Court, and other institutions. a grassroots campaign that appealed to International Labor Organization (ILO) to Two years after its creation, however, Peru’s poor. In his effort to avert a bloody establish a series of training seminars for the CICIG lacks the efficacy to fulfill its revolution, Fujimori suspended democracy judges. The problem persists, but many mandate. The CICIG was denied the power to seize dictatorial powers in his infamous authorities agree that the issue has become of subpoena or indictment in a series of autogolpe (“self-coup”). Fujimori resigned far more public. Public awareness is higher compromises with the government and from the presidency in 2000 via fax from a because the issue is discussed in the press lacks a witness protection program. Some hotel room in Japan after videos surfaced and through advertising campaigns on concessions were needed for the CICIG to showing his de-facto head of intelligence television. survive once the Guatemalan Constitutional Vladimir Montesinos bribing prominent A continuing impetus behind this form Court determined that the CICIG violated politicians. A verdict is expected in the of slavery is Brazil’s booming ethanol national sovereignty; however, these limi- second or third week of March. industry. Brazil is the biggest exporter of tations have undermined the CICIG’s abil- ethanol in the world, and the second biggest ity to fulfill its mandate. Moreover, the Up to 40,000 Working in producer. The fuel is extracted from sug- CICIG has been slow to begin work; it Slave-Like Conditions in Brazil arcane, and there are allegations that slave only recently received its full complement The Brazilian Labor Ministry reports in laborers work the sugar cane fields. “You of 60 investigators and 30 lawyers. These January 2009 that its anti-slavery taskforce cannot dismiss the fact that sugar cane cut- new additions have the potential to play released more than 4,600 people forced into ters are transported and housed worse than important roles in transforming a culture of slavery on fazendas (ranches) in 255 raids animals, forced to work around the clock impunity once they begin to take test cases. during 2008. The National Conference of to exhaustion and even to death,” remarked If successful, the CICIG may serve as a Brazilian Bishops (CNBB, after its Por- one church group. model for other countries emerging from tuguese acronym) estimates that the gov- civil war, but given its limited powers, the ernment has freed over 7,000 slaves since Guatemala Continues to CICIG faces an uphill battle. 2003. Despite increased public awareness Struggle with Violence, though CICIG structural deficiencies are unfor- and policing efforts, fazendas with slave- with Some Progress tunate, as Guatemala suffers from a murder like conditions persist. Calixto Simón Cun, a thirty-seven-year- rate of 43 murders per 100,000 people, The vast and sparsely populated jungles old Guatemalan man, became the first making it one of the world’s most violent of the Amazon in northern Brazil create person prosecuted under a new law com- countries according to a 2007 government ideal conditions for forced labor. Despite bating “femicide” and other forms of gen- estimate. The problem is compounded by daily domestic and international flights to der violence on February 7, 2009. The an ineffective justice system. For example, Manaus and Belém—two regional metrop- judge sentenced Cun to five years in prison in neighboring El Salvador charges are olises—travel to rural areas of the Ama- for abusing his spouse. The Guatemalan filed in 45 percent of murders; in Gua- zon remains difficult. Recruiters known as National Congress passed Decree 22-08 temala that figure is just 2 percent. For gatos (“cats”), lure impoverished laborers in April 2008 which defines femicide as a country of 12 million, Guatemala has to work on far-away fazendas. The journey “the violent death of a woman, occasioned only 26,000 police officers—many without by bus and boat takes several days, but within the context of an unequal relation- cars and radios—and 12,000 employees in laborers persevere with promises of high ship between men and women.” Moreover, the public prosecutor department, and the pay, steady work, food, lodging, and in femicide is “a homicide qualified by gen- national police force and law enforcement some instances, small cash advances. When der-based power exerted over a woman [by bodies are woefully underfunded. Although laborers arrive, many are already in debt as a man].” In a nation that struggles to break President Alvaro Colom has sought to employers may charge for the expenses of the cycles of violence, women are particu- combat corruption by firing hundreds of the arduous journey. Workers remain in a larly vulnerable. In 2008, 722 “femicides” police and bringing in new defense and perpetual cycle of debt because wages often were reported. Presently, the police squad interior ministers, CICIG and the Guatema-

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lan government will have to work together Nziza, filed a petition in a Belgian court ish Guardian have also published articles to develop a functional, sustainable judicial challenging its legality. The Rwandan leaning towards sympathetic. American system. government also attempted to challenge scholar Stephen Kinzer published an edi- the legality of the indictments before the torial in the Los Angeles Times hailing Af r i c a International Court of Justice (ICJ) but Kagame as a reformer who has been bold France allegedly refused to submit to ICJ enough to stand up to France, and France as Politics Cloud Pursuit of jurisdiction, according to Rwandan news- bent on shifting blame for the genocide and Justice in Struggle between papers. Finally, in the summer of 2008, a discrediting the Kagame regime since they Rwanda and France Rwandan commission released a 500-page cannot overthrow it. report following a two-year investigation, Most international criminal prosecution Meanwhile, a parallel scenario has been naming thirteen French political lead- is political. But, topping recent charts are playing out between Rwanda and Spain. ers, including former French president a series of indictments, international war- In February 2008, Judge Fernando Andreu François Mitterand and twenty military rants, and tit-for-tat politics culminating of the Spanish Audiencia Nacional issued officials, as complicit in aiding the geno- in Rwandan Minister of Protocol Rose indictments for forty Rwandan military cide. Rwanda says it plans to indict some Kabuye standing trial in France beginning members on charges of terrorism and geno- of those named for their alleged political, January 28, 2009. Kabuye is one of nine cide after the RPF took power in 1994. military, and diplomatic support for the senior Rwandan officials closely allied The public response from the Rwandan genocidal Hutu regime. Kagame spelled with President Paul Kagame who were government was again quick and unequivo- out the tit-for-tat strategy for reporters in indicted in France for alleged involvement cal: declaring the charges baseless, politi- Geneva, “[If] you indict our people, we in the assassination of former Hutu presi- cally motivated, and questioning Andreu’s indict your people.” dent Juvénal Habyarimana, the event gen- method of investigation, which like Bru- erally recognized as triggering the 1994 Kabuye’s November 2008 arrest on the guière’s, never brought him to Rwanda. Rwandan genocide. Kagame could not be two-year-old warrant in Germany, where To find some sense in the political included in the indictment because French she traveled on a diplomatic mission, fog, it helps to turn to a humanitarian law immunizes sitting heads of state. has triggered protest from Rwandans and voice. Shortly after Kabuye’s arrest, Paul debate among those trying to make sense of The indictment was issued by contro- Rusesabagina, the man whose work was the issues hidden in the political fog. Some versial French antiterrorism judge Jean- dramatized in Hotel Rwanda, published a speculate that the Rwandan government Louis Bruguière on November 20, 2006. thoughtful piece on his foundation’s web- wanted to bring the issue to a head, because Bruguière’s indictment of current senior site. He reminds us that neither the former Kabuye chose to travel to Germany after Rwandan officials who have their political Hutu government nor the RPF genuinely being warned that the indictment would be roots in the Tutsi guerilla army, the Rwan- represent the people of Rwanda. “One of enforced, and then chose to be transferred dan Patriotic Front (RPF), runs counter to the inconvenient truths of the genocide to France to face charges. Scholar Douglas the more widely accepted view that blames aftermath involves the . . . numerous alle- Yates of the American University of Paris Hutu extremists for Habyarimana’s assas- gations of war crimes and crimes against points out that the case illustrates funda- sination. Bruguière, formerly an investi- humanity when estimates of over 100,000 mental problems in the structure of enforce- gating judge and First Vice-President of people were killed in retribution during ment in international law, where powerful the Tribunal de Grande Instance de Paris the Tutsi [RPF] conquest of the country.” states such as France can enforce their (who since retired from the court to go Rusesabagina calls the French indictment international warrants but weaker states into politics), began his investigation in “just the tip of the iceberg,” indicating cannot. During its annual summit in Addis 1998. During the eight-year investigation, that the Spanish indictment focuses on the Abeba in early February 2009, the African as Rwandan officials are quick to point more serious of RPF war crimes. Indeed, Union echoed the sentiment, condemning out, he did not once come to Rwanda. The though by no means neutral territory, Spain Kabuye’s trial and also calling for a review resulting 2006 indictment is criticized for could be a less politicized arena in which to of the principle of universal jurisdiction, failing to meet standards of objectivity investigate charges against both Rwandan which it said EU countries are abusing. and impartiality required in the investiga- and French officials. tion of a civil judge. Some suspect it is Certainly, Kabuye and the Rwandan politically motivated. Others, however, government seem to be winning media Criminal Charges Used to praise Bruguière for challenging the popu- sympathy. In Rwanda and other African Repress Journalists: Cameroon, lar narrative promulgated by the RPF to countries, she is portrayed as a martyr. The Gabon, and Niger legitimize its power and for putting an end December 2008 issue of Jeune Afrique, a The stories start to sound the same from to impunity. popular French-language magazine with country to country. Managing editor of La distribution across the continent, published On November 23, 2006, a day after Détente Libre, Lewis Medjo, was convicted a long, sympathetic profile titled, “Me, Brugière issued the international warrants, of “spreading false news” on January 9, Rose Kabuye, prisoner of the French state.” Rwanda removed its ambassador from 2009 and sentenced to three years impris- The day after Kabuye’s first day of trial, it France. The two countries have not had onment in Cameroon. On the same day, published an account according to her law- diplomatic relations since. In 2007, two two journalists were released after ten days yers titled, “Habyarimana assassination: top Rwandan army generals named in the in prison in Gabon, still facing charges for Rose Kabuye has been able to give her ver- indictment, Charles Kayonga and Jack “possessing a document with intent to dis- sion.” Both Voice of America and the Brit-

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seminate propaganda that incites rebellion Because of outreach and mobilization Mi d d l e Ea s t a n d against authorities,” a crime punishable by La Détente Libre, Medjo’s case has No r t h Af r i c a by up to five years in prison. Twelve days received more international attention than later, Boussada Ben Ali, the managing edi- others­—but, his is by no means unique. On Children in Gaza Bearing the tor of L’Action in Niger, was arrested for January 16, 2009, the Committee to Protect Brunt of the Conflict “publishing a false news report,” punish- Journalists (CPJ) issued a public letter to According to the Palestinian Ministry of able by three years imprisonment. President Biya, in which they declared Health, more than 400 children have been Cameroon now “the second-worst jailor of On the one hand, using the criminal killed in Gaza since the start of the Israeli journalists in Africa.” The letter referred system to censure journalists may be a siege on December 27, 2008. The United to three other newspaper editors arrested step above the completely extra-judicial Nations has reported that children account on charges of fraud, blackmail, insult, and beatings, office raids, disappearances, and for one-third of the entire death toll. Chil- attempted extortion. Michel Mombio, Flash murders of journalists chronic in some dren in Gaza have faced violence, shortages Zacharie Ndiomo, and Armand Ondoa, each African countries. On the other hand, polit- of food and other resources, and a lack of detained for about three months already, ical use of the criminal law system strikes essential services, such as education and are currently standing trial. a sharp chord in countries like Cameroon, medical care, since the conflict began. The Gabon, and Niger where the most basic In Gabon, international condemna- Fourth Geneva Convention explicitly states crimes against citizens—robbery, rape, tion seems to have had more effect in that violence against civilians is “prohibited murder—frequently go unreported and obtaining the release of politically detained at any time and in any place.” The Conven- unprosecuted. jour­nalists. On December 30, 2008, two tion on the Rights of the Child similarly journalists, Gaston Asseko of Radio Sainte- urges countries to ensure that children are The criminal libel charges against Lewis Marie and Léon Dieudonné Koungou of not harmed during violent conflicts. Israel Medjo relate to two articles published in La Tendance Gabon, were arrested along has signed and ratified both of these con- Détente Libre. One suggested that President with three civil society leaders. They were ventions and now faces possible charges by Paul Biya was pushing the Supreme Court detained for a week before charges were international courts for its alleged violation president into early retirement; the other leveled for possession of a document, an of these conventions. reported an alleged attempt by the Delegate open letter published by a French-Gabo- General for National Security to extort The International Criminal Court (ICC) nese journalist calling for an accounting money from a businessman. Even after is currently considering whether the Pales- of financial management during Gabon Medjo’s conviction, it is unclear whether tinian Authority has the power to lodge a President Omar Bongo’s forty-year rule. these two articles were substantially true or complaint against Israel, and whether Isra- Following an overwhelming response from false. But, whether or not the publications el’s actions constitute international crimes. international organizations, first Koungou were libelous, a Reporters Sans Frontièrs The legal issues at stake may take years was released on January 7 and then Asseko (“RSF”) press release claims, “This latest to resolve. Meanwhile, the international on January 9, 2009. Both still face charges sentence underlines the fact that African community has expressed its concern for and, if convicted, up to five years impris- jurisdictions far too often respond to press the well-being of these children, who make onment—merely for having a copy of an offences by imprisoning journalists rather up more than half of the 1.5 million people open letter. than through fairer and more appropriate living in Gaza. solutions.” The most recent regional incident The most recent siege in Gaza began involves Boussada Ben Ali, managing edi- The Medjo case follows a year of wors- when Israel launched a massive bombing tor of L’Action in Niger, who published an ening political repression of the media in campaign targeting militants in response to article on January 13, 2009 revealing a con- Cameroon. The government crack-down Hamas firing rockets into southern Israel. fidential trade deal and possible corruption was triggered, at least in part, by violent Claiming that militants were hiding in by finance minister Ali Mahaman Lamine protests in February 2008 over rising cost Gaza City, the Israeli Defense Forces (IDF) Zeine. Reports differ whether the trade of living and a proposed constitutional bombed civilian buildings, including three deal was with China or Japan. Also facing amendment to remove presidential term schools operated by the United Nations charges that essentially amount to criminal limits (which passed in April 2008). During Relief and Works Agency (UNRWA) libel, Ben Ali could be sentenced to up to the tense last week of February, govern- which housed refugees. The British Broad- three years imprisonment. According to an ment forces suddenly decided to enforce casting Corporation (BBC) and other news RSF report, two years ago Niger drafted a licensing requirements to suspend a TV agencies have reported incidents when chil- legal reform proposition to abolish prison station, seized equipment of a radio station, dren were killed in bombings and fired terms for defamation, but postponed plans effectively suspending its operation, and at in close range by IDF soldiers as they after an attack on army barracks by a stopped circulation of all privately-owned attempted to flee their homes with their Tuareg independence group in 2007. The newspapers. In May, two journalists were families. Although sources differ on the government now claims it will have to wait arrested for writing about “the Albatross number of civilians killed, the Israeli gov- for a return to peace before any reforms affair” involving President Biya’s purchase ernment has acknowledged that many chil- can proceed. of an aircraft. They were charged with dren were inadvertently killed by bombing “publishing the report of a judicial investi- and gunfire aimed at Hamas militants. gation that has not yet been tried,” punish- On January 21, 2009, Israel pulled its able by up to two years in prison. ground troops out of Gaza. Both sides

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instituted a temporary cease-fire and seem government positions constitute the major- In July 2008, Abderrahmane Houari and willing to negotiate a longer arrangement. ity of job opportunities in South Yemen. Mustafa Ahmed Hamlily were transferred Meanwhile, Gaza’s students have returned In late 2007, tensions erupted in a wave of from Guantánamo Bay to Algeria to be to re-opened schools where their missing demonstrations in South Yemen known as tried for their alleged links to terrorism. classmates’ empty desks stand as a silent the Southern Movement. Those taking part They were held incommunicado for two tribute to the many children who lost in the demonstrations protested against the weeks with no access to their families or their lives during the conflict. Although lack of employment opportunities. lawyers—standard practice for detainees the violence of the previous month has deported to Algeria. In 2006, two Algerian The first reported protest in the South- subsided, children in Gaza continue to nationals were deported from Great Brit- ern Movement was in August 2007 in suffer. A United Nations Children’s Fund ain to Algeria, where they were arrested the southern city of Aden. Police arrested (UNICEF) official expressed concern over for alleged ties to a terrorist organization, roughly 1,000 protestors and fired into the their psychological state and their inability tortured, and tried on coercive statements crowd, killing one. Since then, security to return to normal life: “Many kids have obtained during their interrogations. Both forces have opened fire on at least five stopped eating. They are inactive, they Amnesty and HRW call on Algeria to end other large-scale demonstrations and have barely talk, they cling to their parents human rights violations against the detain- arrested hundreds of people. One witness all the time.” Psychiatrists have already ees and to grant them access to a fair trial. to the October 2007 protest in Radfan reported that children in Gaza are having reported that the police fired “indiscrimi- Algeria’s Department of Information trouble sleeping and eating, and are suffer- nately” at protestors. Some of the protests and Security (DRS) is renowned for its ing from violent and emotional outbursts. turned into riots. In January 2008, clashes harsh counterterrorism measures in the While life goes on in Gaza, so too will the during a protest in Aden left three dem- wake of 9/11. Algeria has faced domestic psychological effects of the conflict on onstrators and one policeman dead. Dur- attacks from its own section of Al-Qaeda, those children that survived. ing another demonstration in al-Hablain in which claimed responsibility for bomb- April 2008, police fired at over 5,000 dem- ings in 2008 that killed over 130 people. Violence Against Peaceful onstrators, wounding dozens, and arresting Various human rights organizations accuse Protestors in Yemen 120. Despite criticism for their use of force, the DRS of torturing Algerian nationals In January 2009, five demonstrators Yemeni security forces continue to respond deported from other countries on suspicion were wounded in Aden when Yemeni police violently to demonstrators. of terror. In 2006, the U.S. State Depart- opened fire on a group of army veterans ment reported that security forces in Alge- Investigations of excessive violence calling for equal employment opportuni- ria were known to have tortured detainees. rarely emerge from these incidents. In ties. Yemeni security forces have killed, One year later, the United Nations Human September 2008, Amnesty International wounded, and arrested peaceful protestors Rights Committee (HRC) announced that reported that police had killed Walid Salih after opening fire on multiple demonstra- human rights non-governmental organiza- Ubadi and another person during a peaceful tions over the last year. The protesters tions had claimed the existence of “secret demonstration in al-Dali. Yemeni police spoke out primarily against political cor- detention centers” within Algeria. Algeria’s initiated an internal investigation, but it ruption and the conditions of Southern National Commission for the Protection has since stalled. Within the human rights Yemenis since the end of the 1994 civil and Promotion of Human Rights denied the community, there is a serious fear that war. Local activists, international actors, allegations and accused the groups of try- Yemen will dissolve into a failed state as and human rights organizations have ing to damage Algeria’s reputation. it continues to use violence to address its denounced Yemen’s violent response to political problems. Despite the Algerian government’s the protests. The international community denial of wrongdoing, human rights orga- has further criticized the Yemeni govern- Unfair Trials and Detentions nizations have uncovered the existence of ment’s lack of transparency. Concerns over in Algeria detainees who have been tortured or never the repression of civil liberties abound as heard from again. In July 2008, Mohamed demonstrations continue. In February 2009, the Law Lords, Rahmouni was arrested outside his home in members of the House of Lords and the The seeds of the current human rights Algiers. By the end of the 2008, his rela- United Kingdom’s highest court, approved situation in Yemen extend back to the tives were still unsure of his whereabouts. the deportation of two Algerian nation- 1994 civil war, which devastated Yemen Amnesty has also uncovered the cases of als to Algeria despite extensive proof that and divided it into two factions, consisting Algerian nationals sent from other countries they would face torture and unfair trials. of the current government and the opposi- on suspicion of being a part of a “terrorist The Law Lords ruled that there were “no tion Socialist party. The Southern Social- network.” In January 2008, Reda Dendani reasonable grounds” to believe that the ists were defeated, and as a result, over was deported from the United States to one Algerian government would torture the 600,000 Yemenis went into exile, unwill- of Algeria’s secret prisons, where he was detainees, known only as “RB” and “U.” ing to join a unified Yemen under President beaten and tortured by his guards. At his Both Amnesty International and Human Ali Abdullah Saleh. The current admin- trial, he claimed that that he had been tor- Rights Watch (HRW), however, have pro- istration granted those in exile amnesty tured and that DRS guards had forced him vided evidence of Algeria’s use of unfair and invited them to return, but it has still to sign a statement that he was not allowed trials, torture, and secret detentions masked prevented Southern Yemenis from working to see. He was sentenced to eight years in as counterterrorism measures. in military and government positions. This prison and the Court did not investigate his ban is detrimental because military and allegations. Both HRW and Amnesty report

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several similar cases where detainees were depicting graphic scenes of Greek police Russia/Ukraine Dispute Causes tortured, held in secret prisons, and denied abusing detainees in police custody. Inter- Gas Crisis in Europe access to a fair trial. national organizations maintain that police Years of tension between Russia and continue to commit serious human rights DRS’ notorious record of human rights Ukraine culminated in a major gas shortage violations through excessive use of force, abuses has come under greater scrutiny across Europe as supplies were cut off for misuse of firearms, and torture. since 9/11. HRW has already criticized more than two weeks during January 2009. Great Britain for continuing to deport The death of Gregoropoulos intensified Russian state-owned gas supplier Gazprom Algerian nationals with full knowledge the conflict, and rioting quickly spread and Ukrainian gas and oil company Nafto- of Algeria’s use of unfair detention and throughout the country. Almost immedi- haz Ukrainy were in dispute over natural judicial practices. Under Article 3 of the ately after the shooting, young protesters gas supplies and costs, provoking Russia to United Nations Convention Against Tor- threw Molotov cocktails in the streets of disconnect its gas supplies through Ukraine ture, refoulement, or the extradition of a Athens, burning cars and shops and setting on January 1st. person to a state where he or she may be up flaming barricades. Although the gov- The cutoff was largely driven by political subject to torture, is prohibited. Both the ernment publicly condemned the killing, it discord between the two countries. Russia United States and Great Britain have rati- has been widely reported that officers were was angered when Ukraine sought mem- fied the Convention but continue to deport instructed to take a defensive approach bership with the Northern Atlantic Treaty detainees to countries where they are at risk to the riots. The country has since settled Organization (NATO) alongside Georgia, of torture. Following President Obama’s into its first period of civil unrest in over a country that engaged in a brief war with executive order closing Guantánamo Bay, 20 years. Russia last year. Russia’s relationship with human rights organizations have expressed Although violent protests were seen the West also began to deteriorate as the concern that the U.S. government will in the days after the killing, thousands country experienced a serious economic deport detainees to countries that mis- of Greek citizens also came together in a downturn. Oil and gas exports account for treat their prisoners, including Algeria. The series of peaceful demonstrations. Offi- more than half the Russian budget, and organizations demand that Algeria start cers were accused of targeting nonviolent intercontinental oil prices recently fell by providing fair and transparent detention protesters and using extreme methods of nearly 70%. services and trials. crowd control such as tear gas and flash Facing an economic crisis, the country grenades. Multiple reports also emerged of sought to significantly increase the cost Eu r o p e officers shooting into unarmed crowds and of gas exports. Gazprom raised the price beating bystanders. The clash between law Disproportionate Police Ukraine paid for gas from $180 to $450 per enforcement and Greek civilians has con- Violence in Greece Leads to 1,000 cubic meters and requested billions tinued for several months, and international Months of Civil Unrest of dollars in what it claimed were late pay- spectators say the unrest is a sign of deeper ments. Ukraine paid more than $1 billion Police brutality in Greece sparked social problems, including corruption in to cover the country’s debt, but refused to months of violence after an officer shot Greek state institutions and a continued pay the additional fines or the increased fee and killed a 15-year-old boy in December pattern of disproportionate violence from for gas. Russia responded by halting its gas 2008. The shooting occurred in Athens’s police. exports to Ukraine. Exarchia district, a notorious hotspot for In the midst of international calls for clashes between Greek leftist groups and This had a significant impact across peace, the violence in Greece recently reig- local police. Although circumstances sur- Europe, as Gazprom controls about a quar- nited as domestic terrorist groups carried rounding the incident are still unclear, ter of Europe’s gas supplies. Within days out multiple attacks across the country. In Greek police claim that two officers were of the cutoff, Bosnia and Herzegovina, early January, masked gunmen shot more attacked by a group of youth. Bystanders Bulgaria, Croatia, Germany, Greece, Hun- than 20 rounds into a crowd, critically widely refute this report, saying the officers gary, Republic of Macedonia, Moldova, injuring a 21-year-old policeman. Revolu- verbally confronted the teens, eventually Montenegro, Serbia, Slovakia, Slovenia tionary Struggle, best known for its grenade firing three gunshots and a stun grenade at and Turkey all reported a 100% drop in attack on the U.S. Embassy in Athens two the group. Teenager Alexandros Gregoro- supplies from Ukranian pipelines carrying years ago, claimed responsibility for the poulos was hit by one of the bullets, and Gazprom-supplied gas. By the time the attack, calling it “retaliation to the cow- died later that evening. dispute was resolved two weeks later, 18 ardly murder” of Gregoropoulos. European countries had experienced major Greek police have been the subject With human rights abuses being com- declines or complete cutoffs in their gas of strong criticism in recent years, with mitted on both sides, the international com- supplies. humanitarian groups documenting multiple munity is calling for an end to the conflict. incidents of human rights abuses. In 2007, As many European countries rely solely Aid organizations suggest this can only the European Court of Human Rights main- on Gazprom for their gas supplies, this be accomplished with the continuation of tained that Greece was in violation of the cutoff came at an especially crucial time. peaceable protests and an internal investi- European Convention on Human Rights In the midst of frigid temperatures, several gation of the alleged police abuses. in regards to discriminatory treatment of countries were forced to shut down their migrants and asylum-seekers. That same industrial heating plants and domestic heat- year, multiple videos were posted online ing systems to find alternative gas sources.

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Many citizens were unable to pay for elec- Detainees in Greece are experiencing So u t h a n d Ce n t r a l As i a tric heating as the temperature in places similarly inhumane conditions, as the coun- such as Bosnia and Herzegovina fell to –14º try was unprepared for a surge of detainees India Seeks Extradition of Celsius (6.8º Fahrenheit). Bulgarian brew- in 2008. While the number of migrants LeT Members eries, chemical plants, and smelters closed entering the island of Lesvos doubled in Between November 26 and 28, 2008, down, pushing the country further into an 2008, the island only hosts one detention ten armed terrorists killed at least 173 economic depression. Slovakia declared facility. The center has a capacity of 280 people and injured at least 308 in Mumbai, a state of emergency and halted gas sup- but has been known to house more than India. The militants were armed, trained, plies to companies and schools to preserve 990 detainees at a time. Those deemed and directed by Pakistani based militant resources for hospitals and homes. “irregular migrants” are placed in trailers outfit, Lashkar-e-Toiba (LeT), which India, and rarely given the chance to go outside. President of the European Commission Pakistan, the United States, and others have More than 150 people are forced to share (EC) José Manuel Barroso denounced the deemed a terrorist organization. American a bath and lavatory, and despite obvious cutoff, saying “it was utterly unaccept- and Indian intelligence officials believe health risks the facility only has one doc- able that European gas customers were that the Pakistani intelligence service, tor. Detainees’ access to lawyers is also held hostage to this dispute,” and that the Inter-Services Intelligence (ISI), has sup- extremely limited. cut had come “without prior warning and ported and protected LeT for years. in clear contradiction of the reassurances Facilities in Italy are also strained to Arriving on Indian shores by boat from given by the highest Russian and Ukrainian accommodate the influx of migrant detain- Karachi, Pakistan, the terrorists proceeded authorities.” In an effort to aid failing nego- ees. The United Nations High Commis- to seize control of the Taj Mahal Hotel, tiation attempts, the EU sent delegations to sioner for Refugees (UNHCR) recently Oberoi Trident Hotel, and Nariman House, both Russia and Ukraine. On January 20, traveled to Lampedusa, voicing concern a Jewish community center. The remaining negotiations between the countries were that overcrowding in the island’s facility militants proceeded to fire AK-47 rifles finalized and Russia finally reopened its was “creating a humanitarian situation of indiscriminately and launched grenades in gas taps. concern.” The facility, which has a capacity the crowded Chhatrapati Shivaji Terminus of 850, was housing almost 2,000 detain- In response to recent events, the EU train station. The militants also opened fire ees. Overcrowding forced many people to has discussed an alternative pipeline proj- at Cama Hospital and Leopold Café, which sleep outside in the cold. In response, 700 ect that would provide some of Europe’s are heavily frequented by tourists. detainees recently broke out of the deten- gas supplies from Central Asia. The EU tion center and staged a protest deploring Meanwhile, the other terrorists pro- insists this is not an anti-Russia project, but their living conditions and asking for free- ceeded to set fire to both the hotels and held an acknowledgement that the Committee dom. Italy’s Prime Minister Silvio Ber- hostages there in addition to those captured needs to increase energy security to avoid a lusconi downplayed the problem, stating, in Nariman House. Numerous occupants future similar stand-off. “There is no problem in Lampedusa. Those of the three buildings were killed and doc- who arrive there can move freely. It isn’t a tors who received victims from the siege Migrants Treated Inhumanely in concentration camp. They’re free to go and reported signs of torture amongst the dead. European Detention Centers drink a beer.” Indian commandos raided the hotels and The inhumane treatment of migrant the Jewish community center, killing nine Although the European Union (EU) detainees in European detention facilities of the terrorists and freeing the remain- promised to ensure that member states’ has drawn international attention amidst ing occupants. Mohammad Ajmal Kasab, laws meet human rights standards, many growing concerns of extreme overcrowding a Pakistani citizen, is the only member have voiced concern over a new EU direc- and excessive confinement periods. Accu- of the group that was arrested and cur- tive allowing countries to detain migrants sations of inhumane treatment escalated rently awaits criminal proceedings in India. for up to 18 months. Opponents fear that after footage of the conditions in a French Despite the capture of one operative, India the law will encourage countries with detention center were anonymously given seeks possession of other LeT members shorter detention requirements, such as to international media and human rights who helped effectuate the attack. Ireland, Spain, and the Netherlands, to groups. lengthen them unnecessarily. The directive India has urged Pakistan to extradite The images, taken at the Pamandzi also lends support to states such as Malta, senior members of LeT believed to be detention center, depict the deteriorating Germany, and Latvia who have already involved in the attack, but Pakistan has conditions of the facility. The center often implemented policies allowing detention resisted extradition citing the lack of an surpasses its capacity of 60 by hosting more lasting up to 20 months. Human rights extradition treaty between the two countries. than 220 detainees at a time. Without beds, organizations have called the directive Some Indian commentators have urged men, women and children crowd together excessive and disproportionate, especially extradition under the SAARC Regional on mats on the floor. Many of the bathroom given the current conditions of detention Convention on Suppression of Terrorism, facilities were broken and overflowing, facilities. a regional instrument that both India and and biohazard bags were piled outside the Pakistan have adopted. The Convention, entryway. Pamandzi also lacks resources however, is largely impotent to extradite specifically for children, and has no proper suspected terrorists since it affords state medical facility. parties receiving the extradition request the choice of whether to extradite.

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Under severe international pressure, the The amendments also allow a court, at the on a hunger strike because a CNS inves- Pakistani government assumed control of request of the prosecutor, to deny bail to tigation poses a conflict of interest since Jamaat-ud-Dawa’s (JuD) headquarters, a suspects if it finds that there are reason- the subject of his article and the published front organization for LeT. Government able grounds to believe that the accusation memos regarded CNS corruption. His wife officials are allegedly monitoring activi- against the suspect is prima facie true. claims that he will not end the fast until his ties at the headquarters and reports say that Bail for non-Indians who enter the country case is moved to a different agency. some senior LeT leaders are under house illegally is denied except in very special According to Human Rights Watch, arrest in Pakistan, yet reports differ as to circumstances that are left undefined. arrests and imprisonment of journalists the extent of their freedom of movement Not only do the UAPA amendments are rare in Kazakhstan; however, jour- and activity. Pakistan has not outlawed JuD extend detention power, but they also man- nalists operate in a climate of anxiety despite a United Nations resolution declar- date courts to presume guilt in certain which prohibits a functioning free press. ing it to be a banned terrorist organization. cases. If arms, explosives, or other mate- Contrary to the classification of libel in As part of its own investigation, Pakistan rials believed to be used in the offense many countries, the Kazakhstan govern- claims to have arrested over a hundred peo- are recovered from the accused, or if the ment may bring criminal libel suits against ple, closed militant training camps, offices, fingerprints of the accused are found at the journalists. In 2008, at least seven criminal schools, and websites linked to JuD. It is site of the offense on objects allegedly used libel suits against journalists were filed. far from certain, however, whether suspects in the offence, the court must presume that Furthermore, civil libel suits against jour- will be prosecuted in Pakistan. The leader the accused has committed the offense. The nalists are common, and no cap on defa- of JuD, Hafiz Saeed, is currently under presumption is only disproved under suffi- mation awards exists. house arrest, but he has been placed under cient evidence rebutting the presumption of For instance, Romin Madinov, a house arrest at least twice since 2001 and guilt. Some commentators, such as promi- Kazakhstani parliamentarian, filed suit was eventually freed. Some commenta- nent lawyer and academic Rajeev Dhavan, against the widely distributed opposi- tors, such as India’s former intelligence believe that the UAPA amendments violate tion/independent newspaper Taszharghan chief Ajit Doval, believe Pakistan is insin- core civil liberties. Dhavan asserts that the regarding an article about Madinov’s plau- cere about its partial crackdown on JuD. amendments are “founded on the principle sible links to prior incidents of corruption. Doval alleges that the partial crackdown that everyone is suspicious or a suspect” The judge ordered a judgment for Madi- on JuD is “designed to save the state from and that over-ambitious law enforcement nov in the amount of $25,000. In addition embarrassment.” personal will arrest innocents as the “wrath to libel suits, journalists have reported a of subjective suspicion will override the In addition to the issues surrounding sense of fear due to alleged surveillance of entire due process of the Criminal Code.” the prosecution and extradition of those their communications and movements. involved in the Mumbai attacks, the Indian While the Indian government struggles Taszharghan, however, is one of the government has also grappled with domes- with balancing the need for effective pros- few independent newspapers in Kazakh- tic legal reform of its terrorism laws. Shortly ecution and security with civil liberties, stan. Many news sources are owned by the after the attacks, the Indian Parliament the Pakistani civilian government walks a Kazakhstani government, and therefore do passed the National Investigation Agency tightrope between appearing tough on ter- not criticize politicians nor governmental (NIA) Act and amendments to the Unlaw- rorism while avoiding the ire of the power- policies. Some of the largest newspapers ful Activities (Prevention) Act (UAPA). ful military establishment who allegedly are owned directly by the government, The NIA Act establishes a new federal collude with organizations such as JuD. who appoint the editor in chief and effec- investigative agency that will investigate tually making the publication a mouth- and prosecute national level crimes, such Kazakhstani Journalist Arrested piece for the central government. as terrorism. The Act also creates special On January 6, 2009, a Kazakhstani courts, which will speedily try all offenses Despite the heavy burdens on jour- ­journalist,­­ Ramazan Yesergepov, was the NIA has authority to prosecute. While nalists, Kazakhstan has recently taken a arrested and detained by the Kazakh the long established Central Bureau of small, incremental step towards liberal- National Security Committee (CNS) while Investigation could only assume power izing its media laws. As a member of the undergoing treatment for hypertension at a over a state’s investigation or prosecution Organization for Security Co-operation in hospital in Almaty, Kazakhstan. Yeserge- with permission from that state, the NIA is Europe (OSCE), a large intergovernmental pov was arrested under suspicion of divulg- authorized to take over these state activities organization dealing with security and ing state secrets in contravention to Kazakh at its own discretion. human rights, Kazakhstan will assume the Criminal Code Article “Illegal Receipt or OSCE chairman position in 2010. Before While the NIA Act has changed Disclosure of State Secrets” for publish- assuming this position, Kazakhstan agreed ­federal-state dynamics, the UAPA amend- ing internal documents from the CNS. to liberalize its media and election laws ments have altered the power dynamic The documents were labeled classified and and passed media law amendments in between the federal government and indi- reportedly dealt with CNS attempts to January 2009. vidual suspects. The amendments have influence a prosecutor and a judge in a tax extended the period that law enforcement case regarding a local company. On February 6, 2009, President Nursul­ can hold terrorist suspects in pre-trial deten- tan Nazarbayev signed into law the amend- Subsequent to the arrest, the CNS tion without charges from 90 to 180 days, ments to the mass media law that was earlier raided the Yesergepov’s offices, confis- provided that a court grants the extension. approved by Parliament. The amendments cating computer drives. Yesergepov went

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eliminate registration requirements for tele- and attacks to continue. A prime exam- tion is put into effect, some human rights vision and radio media outlets. Further- ple would be discrimination against the and religious organizations are thinking more, the reforms shift the legal burden in Ahmadiyah sect by mainstream Islamic of placing the law under judicial review defamation suits. Rather than requiring the organizations who demand the Indone- in hopes of creating a more inclusive and defendant to prove the allegedly defamatory sian government ban them. The inaction effective law. Despite its possible short- statements are true, the party who initiated on the part of law enforcement regarding comings, the Indonesian law seems to the suit must now prove they are false. attacks on their places of worship and the have a strong base and can be a positive public attacks on their beliefs is interpreted step forward in the name of human rights. Adil Soz, a Kazakhstani non-govern- as approval, thus resulting in increased Addressing some forms of discrimination mental organization that advocates for a violence and the attempt by a number of presently can pave the way for more expan- free press, criticizes the reform. The group Muslim groups to force the President to ban sive legislation in the future. Enforcing the asserts that even though registration with the sect. present law, while simultaneously work- the government for television and radio ing to expand its reach, may be the most outlets is abolished, the legal requirement Indonesian lawmakers attested to the effective way to address the nation’s social to obtain a license remains in force. Never- fact that the law passed only after many construct. theless, the president of Adil Soz, Tamara days of debate. Islamic parties were alleg- Kaleeva, claimed that the amendments are edly strongly opposed to any mention of important as a first step towards greater religious or sexual orientation discrimina- Thai Court Finds Soldiers to liberalization. Miklós Haraszti, an OSCE tion, forcing them out of the bill. As a Blame in Imam’s Death representative on freedom of media, wel- result, after its passage, many human rights A court in Narathiwat, Thailand shed comed the amendments but also urged the organizations criticized the bill for its nar- light on the torture and brutality employed Kazakhstani government to further liberal- row coverage and found it to be facially by the Thai army when it ruled that a num- ize by reducing governmental ownership ineffective. ber of soldiers were to blame for the death of media, decriminalizing libel, and abol- However narrow its coverage may be, of a Muslim Imam on December 25, 2008. ishing criminal suits against journalists others in the human rights community have The ruling came shortly after the election of who reveal classified information. found the passage of the bill as a positive Prime Minister Abhisit Vejjajiva, who has step towards justice and equality in Indone- vowed to bring an end to the use of torture Ea s t a n d So u t h e a s t As i a sia. Ahmad Baso, a member of the National and restore justice to the violence-strewn Commission on Human Rights (Komnas southern provinces of Thailand, such as Critics Question Effectiveness HAM), said the commission welcomed Narathiwat, Yala, and Pattani. of New Indonesian the new law despite its perceived short- Soldiers sent to quell separatist insur- Anti-discrimination Laws comings. Komnas HAM was established gents in the south detained, interrogated, by Presidential Decree in 1993 and works Indonesia passed new legislation and then tortured to death Imam Yapa independently of the state government to addressing racial and ethnic discrimina- Kaseng in March 2008. The coroner’s report conduct research, monitor, mediate, and tion on October 28, 2008; however, vari- determined that the cause of Imam Yapa’s investigate issues of human rights. ous human rights groups have criticized death was blunt-force trauma, including rib its effectiveness, citing narrow coverage. Already, standing Indonesian law rec- fractures from the front, side, and back that The legislation focuses more on racial ognizes the political and social equality of punctured his lungs. Bruises and wounds and ethnic discrimination and only covers women; however, many feel that gender were found all over his body, including his discrimination committed by individuals discrimination is still pervasive in society. eyes, forehead, and lips. Imam Yapa also or discrimination in the workplace. The For example, only six percent of women had long abrasion marks on his back, indi- law does not address discrimination by civil servants occupy positions of author- cating that he may have been dragged some government officials or institutions. The ity. Women represent the majority of the distance by his ankles. new legislation lacks mention of religion workers in the textile, garment and foot- The Imam Yapa’s fate is not uncom- because lawmakers felt that religion was wear factories and are often bypassed for mon with the Thai government’s coun- encompassed within ethnicity. While some positions of authority. Furthermore, femi- terinsurgency operations throughout the believe this adequately protects against nist movements were fervently stifled and south. There is widespread mistreatment of religious discrimination, others criticiz- progressive women’s organizations banned Muslims in army custody, many of whom ing the legislation feel that religion was until just recently. The root of much dis- have come forth and testified to being not explicitly addressed as a compromise crimination against women in Indonesia tortured by interrogators both in army and between different factions of the legislator. also rests within the Muslim community, civilian clothing. Various news organiza- which still practices female genital muti- Indonesia has a long history of religious tions reported that throughout the ongoing lation and allows marriage once a female and gender discrimination. The govern- conflict in the south, Muslims had been tor- reaches puberty in some rural parts of the ment, for the most part, fails to protect the tured, deprived of their basic human rights, country. constitutional rights of religious minori- and killed while held in Thai prisons and ties. By its reluctance to take appropriate Many have high hopes that the Anti- camps. Forms of torture include suffoca- action to punish the perpetrators of these Discrimination bill will grow to include tion due to the “stacking” of prisoners, ear- crimes, the state has essentially allowed religious, gender, and sexual orientation slapping, punching, kicking, beatings with various forms of religious discrimination discrimination in the future. As the legisla- wooden and metal clubs, forced nudity,

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exposure to cold temperature, electric oppression of the Khmer Krom Buddhists but stifle the protests. This recent protest shock, strangulation, and suffocation with in southern Vietnam. Highly suspicious of mirrors the infamous February 2007 protest plastic bags. a possible nationalist movement within the in which government officials expelled 20 ethnic Khmer, the Vietnamese government monks from the monkhood and drove them Muslims also complain about discrimi- actively discriminates against the minor- out of their pagodas. Many were impris- nation in daily life. Thailand’s Muslims are ity and suppresses demonstrations calling oned or placed under house arrest. There largely concentrated in the four southern attention to the mistreatment. were further reports of police brutality and provinces of Narathiwat, Pattani, Songhkla corruption of justice; five were arrested and Yala; areas which are considerably The ethnic Khmer are indigenous to without warrants, were never charged with less developed than the cities of northern the southern regions of Vietnam and are specific crimes, and were convicted and Thailand. Muslim inhabitants of these areas presently the ethnic and religious minority sentenced in May 2007. complain of government discrimination in and around the Mekong Delta. Inhabit- and find that they are at a disadvantage ing the area long before the arrival of the The KKF and the Khmer Krom ­Federation­­ in comparison to the country’s Buddhist Vietnamese, the Khmer people have a Youth Committee have organized and cre- majority. Education is insufficient, jobs distinct background and religious belief, ated a network to preserve their ethnic his- are scarce and difficult to obtain, and basic causing tension and strife with the Com- tory and to provide the Khmer with a strong, forms of government assistance are more munist government in Hanoi. Though unified voice against the state-sponsored or less unavailable. recently established organizations such as discrimination. They now call for the gov- the Khmer Krom Federation Youth Com- ernment in Hanoi to release the imprisoned After assuming office on December mittee, the Khmers Kampuchea-Krom Fed- monks and restore those banished from the 17, 2008, Prime Minister Abhisit spoke eration (KKF) and various NGOs have monkhood to their ­pagodas. HRB out against the acts of torture and violence brought attention to the matter, Western against Muslims in the conflict and has media has largely ignored the plight of stated that justice will be the driving force the Khmer Krom. Reports by these orga- Carlin Moore, a J.D. candidate at the behind a resolution to the violent conflict nizations show that the Khmer face severe Washington College of Law, covers the that has stretched over 30 years. Though violations against their basic religious and United States for the Human Rights Brief. military sweeps and mechanisms such as human rights. the Southern Border Provinces Administra- Bryan Bach, a J.D. candidate at the Wash- tion Centre (SBPAC) are in place to pre- The Khmer face much difficulty in ington College of Law, covers Latin Amer- vent such deviant acts, they are unable to practicing their religion. They, like many ica for the Human Rights Brief. function properly due to army interference. Cambodian and Thai people, are Theravada Furthermore, the Decree on Government Buddhists, unlike the Vietnamese who are Megan Chapman, a J.D. candidate at the Administration in Emergency Situations predominantly Mahayana Buddhists and Washington College of Law, covers Africa (Emergency Decree), a relic of former Roman Catholics. The Vietnamese govern- for the Human Rights Brief. Prime Minister Thaksin’s administration, ment does not officially recognize their Soumya Venkatesh, a J.D. candidate at gives soldiers considerable leeway and existence, and in fact, identify Theravada the Washington College of Law, covers breeds an atmosphere where virtually no monks as having no religion. The KKF the Middle East and North Africa for the disciplinary measures exist. reports that Theravada monks at times face Human Rights Brief. forced renunciation of their faith, arbitrary The Narathiwat court’s ruling in the arrests, and public defrocking. death of Imam Yapa is viewed as a crucial Kate Kovarovic, a J.D. candidate at the victory in the battle against torture and The Khmer minority in the Delta are Washington College of Law, covers Europe human rights violations in this region. forced to adopt Vietnamese last names, for the Human Rights Brief. Many hope that Prime Minister Abhisit speak the Vietnamese language, and have Angad Singh, a J.D. candidate at the Wash- will press forward with the ruling and take difficultly finding jobs outside of the fields. ington College of Law, covers South and further initiative to stop abuses against Their property is subject to confiscation Central Asia for the Human Rights Brief. Muslims in the south. and destruction by the state without due process. The KKF also have reported that Juvaria Khan, a J.D. candidate at the Khmer Krom Buddhists Hanoi neglects basic education for children Washington College of Law, covers East Imprisoned in Vietnam in the Khmer community and that state and Southeast Asia and the Pacific for the health services are often not available to A recent demonstration by Theravada Human Rights Brief. them. The recent epidemic of blindness Buddhists in the Mekong Delta ended in affecting children in the Delta was barely violence when Vietnamese officials raided addressed and continues to go largely and imprisoned several of the Khmer Krom untreated. monks and political activists who were protesting against the detention of former Theravada monks stage regular protests monk Tim Sakhorn, as well as state-spon- against the Vietnamese government calling sored discrimination of their religious and for greater religious freedom, better access political beliefs. The Vietnamese govern- to healthcare, and more Khmer- based ment was criticized for its mistreatment education; however, Mahayana Buddhist of the protesters as part of its on-going government officials have done nothing

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