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First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK

Index: ASA 01/1354/2020 Original language: English amnesty.org HUMAN RIGHTS IN ASIA-PACIFIC REVIEW OF 2019 CONTENTS

REGIONAL OVERVIEW 5 7 AUSTRALIA 10 12 CAMBODIA 14 16 HONG KONG 19 21 25 27 KOREA (DEMOCRATIC PEOPLE’S REPUBLIC OF) 29 KOREA (REPUBLIC OF) 31 MALAYSIA 33 MALDIVES 36 38 MYANMAR 40 NEPAL 43 NEW ZEALAND 46 48 PAPUA NEW GUINEA 51 53 56 SRI LANKA 58 TAIWAN 60 THAILAND 62 VIET NAM 65

HUMAN RIGHTS IN ASIA-PACIFIC: 4 REVIEW OF 2019 Amnesty International physical assaults, abuse in detention – crackdown on Turkic Muslims intensified millions showed their resolve, demanding as the true horrors of the “re-education REGIONAL accountability and insisting on their camps” became apparent. We also saw human rights to free expression and this in Kashmir, hitherto India’s only peaceful assembly. Muslim-majority state, which saw its OVERVIEW special autonomous status revoked and in The bright flames of peaceful protests its place a siege imposed that continues were also sparked across India, where to this day. It was a year of repression, but also of millions came out on to the streets resistance. The Chinese government against a new law that discriminates The politics of demonization also fell on clamped down with renewed force on the against Muslims when deciding who the island nation of Sri Lanka, where freedoms promised to the people of Hong can or cannot become an Indian anti-Muslim violence erupted in the Kong under the terms of the handover citizen. Asia’s two largest and most wake of the Easter Sunday bombings of the territory in 1997. In the streets, powerful states are trying to impose – which claimed the lives of more than those freedoms were doughtily defended their own bleak, domineering vision on 250 people, mainly Christians, in three against the steepest odds. Month after the continent, perceiving minorities churches and three hotels. In November, month, in the face of the police’s as a threat to “national security”. We Gotabaya Rajapaksa was elected abusive methods – including countless saw this in the nominally autonomous president, taking his place on an already volleys of tear gas, arbitrary arrests, Chinese province of Xinjiang, where the crowded stage of strongmen leaders

Women takes to the streets in Lahore during Aurat March on March 8, 2019. © Ema Anis for Amnesty International

HUMAN RIGHTS IN ASIA-PACIFIC: 5 REVIEW OF 2019 Amnesty International and dimming hopes that the wounds of growth rates they covet. They often marriage becoming legal in March. The the decades-long internal conflict will remain tranquil in the face of the ravages Pakistani government announced new be healed. In the Philippines, Rodrigo of climate change. measures to tackle climate change and Duterte’s murderous “war on drugs” air pollution. The people of Hong Kong But as hard as it has become to resist, proceeded with only modest ripples of forced the authorities to withdraw its young people across the continent protest internationally. extradition bill. The Maldivian Supreme continue to take great risks and defy the Court appointed two women as Supreme Across , repressive established order. In Pakistan, the non- Court judges for the first time, defying governments entrenched themselves violent Pashtun Tahaffuz Movement still pressure from religious hardliners. further, silenced their opponents, rallies tens of thousands against enforced muzzled the media, and shrank civic disappearances and extrajudicial The wheels of justice slowly began to turn space to the point where, in many executions, even after its supporters for the Rohingya, as the International countries, even participation in a have been charged and detained, and Criminal Court (ICC) authorized an peaceful protest can trigger arrest. In its protests banned. Climate strikes saw investigation into crimes committed , governments appeared thousands take to the streets in several by the Myanmar military in 2017. This anxious to keep up, innovating new ways countries, including Afghanistan, where followed a decision by Gambia to take to perpetuate old patterns of repression peace marchers also braved grave threats Myanmar to the International Court – especially through the introduction to call for an end to a conflict that has of Justice for the crime of genocide. of draconian laws that punish dissent been going on since before they were There are also hopes that the ICC will online. born. In Viet Nam, people protested revisit its decision to not authorize an against China’s policies. In Laos, they investigation into war crimes and crimes To try and legitimize their repression, protested against the shoddy construction against humanity committed by all sides government across Asia ritually demonize of a dam. in Afghanistan, after capitulating to their critics as pawns of “foreign pressure from the US administration. forces”, who are at best “naïve” and at The protests and other efforts of civil worst “treasonous” – toxic smears that society were successful too. In Sri The coming year is likely to be as trying are amplified through sophisticated Lanka, lawyers and civil society activists as the one that has just passed. But social media operations. They resist successfully staved off the resumption as young activists across Asia have accountability for corporations, claiming of executions. In Taiwan, they fought for repeatedly shown, where there is no this will impede the rapid economic equality for LGBTI people, with same-sex hope, it must be created.

HUMAN RIGHTS IN ASIA-PACIFIC: 6 REVIEW OF 2019 Amnesty International Afghan protesters march for peace and ceasefire as they shout slogans and hold banners in the Kandahar province on January 17, 2019. Several hundred protesters marched in three cities in southern and eastern Afghanistan on January 17 to call for peace and a ceasefire in the 17-year war, the latest action in a movement launched in May 2018. In Kandahar, the southern cradle of the , and in the eastern cities of Khost and Jalalabad, they marched holding placards saying: “No War”, “We want ceasefire” and “We want Peace”. © JAVED TANVEER /AFP via Getty Images

continued to forcibly return Afghan A high number of civilian casualties in AFGHANISTAN asylum-seekers and refugees. Gender- 2019 were caused by attacks involving based violence against women and girls improvised explosive devices deployed Islamic Republic of Afghanistan persisted due to weak rule of law and by “anti-government elements.” There Head of state: Muhammad existence of harmful traditional and was an increase in casualties caused by cultural practices. It became increasingly aerial and search operations conducted The civilian population suffered crimes difficult for journalists to work and they by “pro-government” forces. under , human rights faced reprisals from armed groups, state violations and abuses because of the officials, and security forces. At least five continuing conflict. Conflict-related journalists were killed by the Taliban and CRIMES UNDER INTERNATIONAL violence led to thousands of deaths other armed groups. LAW AND ABUSES BY ARMED and injuries and the displacement of GROUPS hundreds of thousands. The International Criminal Court (ICC) decided not to ARMED CONFLICT The Taliban unlawfully killed and injured investigate crimes against humanity and In the first nine months of 2019, civilians including in indiscriminate war crimes committed, but the decision 2,563 civilians were killed and 5,676 attacks; Islamic State Khorasan Province is currently subject to appeal. Human injured, according to the ’ (IS-K) deliberately targeted civilians rights defenders were intimidated, Assistance Mission in Afghanistan in attacks against Shi’a communities threatened, detained and killed. (UNAMA). July was the single deadliest and the Hazara ethnic group – who European and neighbouring countries month in the past decade of the conflict. mostly follow the Shia sect of Islam. In

HUMAN RIGHTS IN ASIA-PACIFIC: 7 REVIEW OF 2019 Amnesty International August, an IS-K suicide bomb attack at REFUGEES AND INTERNALLY women and girls. On the other hand, a wedding in Kabul killed at least 63 DISPLACED PEOPLE the government is failing to establish civilians and injured more than 200. At Elimination of Violence Against Women least 14 people, mainly civilians were Half a million Afghans were forcibly courts and prosecution units in all 34 killed and 145 injured in a suicide returned from neighbouring countries in provinces. bomb outside a police station in a 2019, more than 476,000 of them from Iran alone, according to the International predominantly Shi’a neighbourhood in Women constitute 27 per cent of the Organization for Migration (IOM). western Kabul, claimed by the Taliban. lower house of parliament. Women are Thousands of Afghan asylum-seekers also part of the cabinet and provincial were also forcibly returned from Europe, councils. Women, however, are either under the European Union’s Joint CRIMES UNDER INTERNATIONAL substantially excluded from the political Way Forward Agreement or bilateral LAW AND ABUSES BY PRO- arena at the sub-national level. There agreements with the Afghan government. GOVERNMENT FORCES were no women candidates among the 18 The Turkish government also forcibly Pro-government were responsible for returned 19,000 people to Afghanistan people who ran for the presidency in the 1,149 civilians killed and 1,199 injured, by September, amid reports of Afghan September elections. according to UNAMA figures for the first asylum-seekers being held in poor nine months of the year. Allegations of conditions in detention centres there. intentional unlawful killings, including FREEDOMS OF EXPRESSION AND possible extrajudicial executions, by Upon their return, many Afghans were ASSOCIATION special forces, who operated under the exposed to renewed threats and violence The rights to freedom of expression and National Directorate of Security and from armed groups and local militias they association were severely restricted. CIA- trained Afghan militia remained had sought to escape. uninvestigated. Aerial attacks were the It became increasingly difficult for journalists to operate freely and without single highest cause of civilian deaths. In May, Iran’s deputy foreign minister reprisals. Dozens of journalists were threatened to forcibly return all Afghan refugees from the country is the United attacked by security forces and members HUMAN RIGHTS DEFENDERS States of America continued to impose of armed groups. Ten journalists were shot dead during the year by unknown Human rights defenders came under economic sanctions on Iran. attack from both state and non-state gunmen and some were abducted by actors. They faced intimidation, armed groups. In January, journalist harassment, detention and even death. VIOLENCE AGAINST WOMEN AND Javid Noori was attacked and killed Measures to protect human rights GIRLS by members of the Taliban and in defenders were inadequate and abuses February, two others were shot dead in against them were rarely investigated.1 Afghan women and girls continued to a radio station in Takhar province by In September, the Taliban abducted face gender-based violence throughout unknown gunmen. Others were beaten, and shot dead Abdul Samad Amiri of the country, especially in areas under threatened, intimidated and harassed the Afghanistan Independent Human Taliban control. Incidents of violence by state officials security forces and Rights Commission. No one had been against women are believed to be members of armed groups. Threats and significantly underreported. Where they held accountable for the killing which attacks against journalists were rarely have been reported, there has often been amounted to a by the end of investigated by the authorities. In April, 2 a failure to investigate these attacks, the year. In November, two prominent two suspects were sentenced to death for or pressure has been applied on the human rights defenders were arbitrarily the 2018 killing of Kabul News journalist detained by the National Directorate of victims to withdraw their complaints, Abdul Manan Arghand. Security (NDS) for exposing existence of or mediation has been used to resolve a paedophile ring in Logar province and complaints outside of the legal framework In June, the Taliban declared that uncovering more than 100 videos of the and without human rights protections. journalists and media workers were a alleged abuse.3 Women human rights The perpetrators of the attacks, which legitimate military target so long as they defenders continued to be at particular included beatings and killings, or risk of threats and intimidation from other ill-treatment, corporal punishments disobeyed the group’s orders to stop both state and non-state actors across against women for having sex outside broadcasting anti-Taliban statements. In Afghanistan. marriage, continued to enjoy impunity. August, they issued a statement on the “Voice of Jihad” website warning people In July, the government renewed the In areas under its control, the Taliban to stay away from election campaign Afghanistan Independent Human Rights continued implementing medieval rallies during the presidential elections Commission’s mandate and appointed nine punishment of women and girls that and issued threats of violence to anyone new commissioners, including a new chair. included stoning to death and shot dead who disobeyed.4

HUMAN RIGHTS IN ASIA-PACIFIC: 8 REVIEW OF 2019 Amnesty International CHILDREN’S RIGHTS provide livelihood to entire family have clean water is limited. Despite public`s forced children to work on the streets limited access to basic and necessary Despite the revised Penal Code was in Kabul and other cities. There is healthcare, the Taliban flagrantly enforced in 2018 which prohibits and inadequate protection and support by the announced a “ban” on International criminalizes the recruitment and use of government. Committee of Red Cross (ICRC) and children by armed forces and criminalize the World Health Organizations (WHO) “bacha bazi”, a harmful practice of activities in its controlled areas in which involves the sexual abuse of boys, SERVICE DELIVERY, POVERTY, AND there was evidence that security forces April. However, the group revoked the continued to recruit child soldiers and TRADITIONAL JUSTICE ban in September. Traditional and that the government fails to protect An estimated 55 percent of the informal forms of justice continued to be victims of “bacha bazi”. There were no population is living below the poverty implemented in the country, contrary to steps taken to eradicate child marriage. line, and people’s access to basic and the principle of rule of law, human rights Poverty, lack of family or child labor to necessary health service, education, and standards, and Afghan laws.

1. Afghanistan - Defenseless Defenders: Afghanistan’s Human Rights Community under Attack (ASA 11/0844/2019, 28 August). 2. Afghanistan: Killing of human rights defender is a war crime (news story, 5 September). 3. Afghanistan: Intelligence agency must release human rights defenders who exposed paedophile ring (news story, 25 November). 4. Afghanistan: Taliban Threatens political rallies (news story, 6 August).

HUMAN RIGHTS IN ASIA-PACIFIC: 9 REVIEW OF 2019 Amnesty International Demonstrators gather at a protest rally to demand humane treatment of asylum seekers and refugees in Sydney on 20 July 2019. © Peter Parks / AFP (via Getty Images)

Indigenous people, including children as funded Bomana Immigration Centre AUSTRALIA young as 10, continued to face high rates outside Port Moresby, PNG’s capital. of incarceration. Four Indigenous people Humanitarian organizations warned that Commonwealth of Australia died in prison or at the hands of police, many of them suffered from diminishing Head of state: Elizabeth II, represented by David Hurley with the most recent case, in November, mental health and needed access to Head of government: Scott Morrison resulting in a murder charge against a mental health care due to, or exacerbated police officer. by, years of detention, lack of family Australia maintained hardline policies contact, and the indefinite nature of their The Queensland Parliament became the with regard to refugees, particularly those time in custody. Self-harm and suicide third Australian jurisdiction to pass a held in offshore processing centres. attempts remained frequent. human rights act, after Victoria and the The government continued to detain Australian Capital Territory. Yet Australia Twelve refugees and asylum seekers refugees and asylum seekers who arrived remained the only western country without have died on Manus Island and Nauru by boat at Manus Island in Papua New a specific human rights act or bill of rights. since 2013, including Reza Berati, who Guinea (PNG) and on Nauru, marking the was murdered. Dr Sayed Mirwais Rohani seventh year since the reintroduction of committed suicide in October. He had its offshore processing and settlement ASYLUM SEEKERS AND REFUGEES been detained on Manus Island since policy. In August, refugees were Since 13 August 2012, 4,177 people 2013, and was transferred to Australia to transferred to Port Moresby and the have been sent to Nauru or PNG as part access mental health care in 2018. detention facility on Manus Island was of Australia’s policy of offshore processing effectively closed. Australia continued to of refugees. As of 30 September, 612 More than 150 other refugees and asylum turn back boats of people seeking safety refugees and asylum seekers remained seekers were transferred to Australia and to refoule (return) people to the in PNG and Nauru, 47 of them detained for medical care only after their lawyers country from which they were fleeing. in very poor conditions in the Australian- threatened urgent court proceedings.

HUMAN RIGHTS IN ASIA-PACIFIC: 10 REVIEW OF 2019 Amnesty International These cases included children as young comprised 28% of the adult prison FREEDOM OF EXPRESSION as 10 who suffered from acute mental population. Indigenous women made up Media freedom came under attack health conditions, some of whom 34% of the women’s prison population when the Australian Federal Police attempted suicide. Since the Medevac and Indigenous children made up more raided a journalist’s home and a media Bill, designed to provide refugees held than 50% of the children’s prison organization’s headquarters, following offshore with appropriate health care in population. Australia, was passed on 21 October, reporting on Australian defence force 135 people were transferred under its abuses in Afghanistan and government Australia detained children as young as plans to expand surveillance powers. provisions. Another 39 were approved 10. On an average night, nearly three for transfer and were awaiting transfer in five (59%) children aged 10 to 17 as of that time. However, 10 of them Following growing climate change in detention were Indigenous, despite were detained by PNG. In total, 1,117 protests across Australia, the prime Indigenous children making up only 5% of people had been transferred to Australia minister threatened to invoke powers to the population aged 10 to 17. Indigenous for medical or other reasons as of 30 stifle campaigning and protests. Anti- children aged 10 to 17 were 26 times as September. But in a grievous setback, protest laws were enacted in Queensland, likely as non-Indigenous children to be in the Australian government repealed the criminalising peaceful protest tactics Medevac bill on December 4, forcing detention on an average night. and infringing Queenslanders’ rights refugees held offshore who needed to to freedom of expression, association, access health care to again seek leave Very few of the recommendations from and peaceful assembly. Offenses were from the High Court to gain medical the 2017 Royal Commission into the punishable by up to two years in jail. assistance unavailable in PNG or Nauru. Protection and Detention of Children in the Northern Territory were implemented. In February, a coronial inquest The commission recommended that the OTHER HUMAN RIGHTS ISSUES commenced into the death of asylum Don Dale detention centre be closed, The government established a Royal seeker Omid Massoumali, who died from but it remained open. It had been the Commission into Aged Care to examine self-inflicted burns following his delayed centre of an abuse scandal, where the treatment of older people, following transfer to Australia for treatment. the commission found children in spit widespread accusations of abuse. The hoods constituting cruel, inhuman and counsel assisting the commission found Progress under an agreement to resettle degrading punishment, held in isolation, the authorities to be “missing in action” some refugees in the United States was and suffering other abuses. During May in the face of reports of neglect, and slow, with only 632 sent there since the every child in detention in the Northern said there was a systematic absence of arrangement was agreed to in 2016. Territory was Indigenous. accountability and lack of transparency by governing, regulatory and provider The UN High Commissioner for Human organisations. In late October, the Four Indigenous people died in prisons or Rights urged Australia to meet its commission issued an interim report at the hands of police over the course of international obligations, particularly in that found substandard and unsafe care. the year. On 13 March, Alf Deon Eades relation to refugees and people seeking One of the priority issues it targeted was was attacked by other prisoners and safety. the need to restrict the use of chemical died from his injuries. On 12 June JB restraints. committed suicide in Western Australia’s INDIGENOUS RIGHTS/CRIMINAL Acacia prison, just days after his mother A Royal Commission was also established had told the authorities that he was JUSTICE into Violence, Abuse, Neglect and suicidal. On 17 September Joyce Clarke Exploitation of People with Disabilities Indigenous people remained significantly was killed by police outside her home in and was due to report in the middle of overrepresented in the criminal justice the Western Australian town of Geraldton. 2020. system, often for minor offenses such as On 8 November Kamanjayi Walker was unpaid fines. Despite comprising just 2% killed by police in Yuendemu, in the of the country’s population, Aboriginal Northern Territory. A police officer was and Torres Strait Islander people charged with his murder.

HUMAN RIGHTS IN ASIA-PACIFIC: 11 REVIEW OF 2019 Amnesty International In the pouring rain, Rohingya refugees queue for hours, waiting for an aid distribution, Bangladesh, 28 September 2017. More than 520,000 Rohingya have fled the Myanmar military’s campaign of violence in the span of seven weeks, which has led to an unfolding humanitarian crisis in Bangladesh. Many arrive without having eaten for days or weeks while trying to flee the military’s violence in Myanmar. © Andrew Stanbridge / Amnesty International

development efforts, while widening online action of allegedly “spreading anti- BANGLADESH inequalities. state propaganda” on Facebook. A young man was arrested by the Rapid Action People’s Republic of Bangladesh Battalion for posting a “distorted image” Head of state: Abdul Hamid FREEDOM OF EXPRESSION of the Prime Minister on Facebook. Head of government: Sheikh Hasina The government continued to use In May, a famous national poet Henry repressive legislation to unduly restrict Sawpon, a university teacher and another A smear campaign, mostly provoked the right to freedom of expression, and youth were arrested under DSA provisions by mainstream media stories, against target and harass journalists, activists for social media posts deemed to “hurt Rohingya refugees fuelled tension and human rights defenders. Nearly religious sentiment”. A Supreme Court between host and refugee communities. 400 indictments were filed under the lawyer and human rights defender Hundreds of people were victims of DSA since October 2018, and 200 Imtiaz Mahmud was arrested in May apparent extrajudicial executions in the were dismissed due to lack of evidence. for a Facebook post he made in 2017 so-called “war on drugs” campaign. The Journalists of mainstream newspapers regarding violence against indigenous Digital Security Act severely restricted told Amnesty that they refrained from community in the Chittagong Hill Tracts. the work of journalists, activists, human publishing stories for fear of reprisals or rights defenders, and others who faced intimidation from members of intelligence In October, members of Bangladesh arrests for exercising their right to agencies. In February, five journalists of Student League (BSL), the ruling freedom of expression. There was a sharp Jugantor newspaper were sued and one party Awami League’s student wing, increase in incidents of violence against was arrested under the DSA for reporting mercilessly beat to death a student of women and girls. Meanwhile, Bangladesh on police corruption. Bangladesh University of Engineering and reported the fastest economic growth rate Technology (BUET) at his dormitory for in the Asia-Pacific region, accelerating In January, in two separate cases, an merely expressing his views on Facebook the country’s socio-economic opposition activist was arrested for her on an India-Bangladesh agreement.

HUMAN RIGHTS IN ASIA-PACIFIC: 12 REVIEW OF 2019 Amnesty International FREEDOM OF ASSEMBLY EXTRAJUDICIAL EXECUTIONS AND REFUGEES AND ASYLUM-SEEKERS The right to freedom of peaceful ENFORCED DISAPPEARANCE About a million of Myanmar’s mainly assembly continued to be severely More than 388 people were killed by the Muslim Rohingya remained in the district restricted. Political opponents were security forces in alleged extrajudicial of Cox’s Bazar. Bangladesh continued frequently denied the right to organize executions (EJEs)—279 people were to refuse to formally recognize Rohingya campaign meetings and political rallies. killed before arrest, 97 people killed after as refugees while the community faced arrest, and others were killed after torture discrimination at multiple levels, In August, the authorities restricted or other means. At least 49 Rohingya including access to education, livelihood and freedom of movement. Rohingya refugees’ freedom of movement refugees were extrajudicially executed and assembly after they organized during this period. EJEs by security The government’s strict policy not a rally to mark what they called the forces continued unabated, many to allow Rohnigya refugees access ‘Genocide’ day, the second anniversary under the cover of the “war on drugs” to education continues. Though the of their forced displacement, and urging campaign. In some of the cases, victims government allows informal education Myanmar’s government to ensure their were disappeared for months before in learning centres—in total 280,000 they were killed in what the authorities safe and dignified return. children aged 4 to 14 have access to claimed were “gunfights”. At least 13 these learning centres, more than half a Police blocked the opposition Bangladesh people were forcibly disappeared—four million children aged 18 years or below Nationalist Party (BNP) from holding of them were released, one was shown (including 4-14 age group) had no access rallies in Narayanganj in February and arrest and the remaining eight people are to any accredited primary and secondary in Dhaka in August. In September, the still missing. education in the refugee camps. police prevented the BNP from holding an anniversary rally in at least 14 A section of the mainstream media districts. In June, the ruling party Awami MOB VIOLENCE launched a smear campaign against the League’s student wing attacked people At least 65 individuals were killed in Rohingya refugees labelling them as a “security threat”, a “burden” and an gathering for the funeral of an opposition mob violence. At least eight of them were “abscess” that needs to be removed. The leader of the Jamaat Islami, injuring six killed by mob lynching on fabricated of them. The student wing also dispersed state of hysteria dangerously agitated allegations about child abduction. The an anti-drug demonstration, along with the host community and turned them authorities did little to investigate cases the police, attacking protesters in the against the refugees. In September, or hold perpetrators to account for their eastern Sunamganj district. On 30th regulatory authorities ordered mobile crimes. phone companies to shutdown network December, Dhaka Metropolitan Police frequencies inside the refugee camps, (DMP) attacked a left-alliance rally while the security forces recommended organized to protest alleged vote rigging VIOLENCE AGAINST WOMEN AND erecting barbed wire fence around the in the 11th National Parliament Elections camps. held in 30th December 2018, leaving GIRLS at least 31 people injured. On the same There was a sharp increase in violence day, the police also denied the opposition against women and girls during the CHITTAGONG HILL TRACTS BNP holding a rally in Dhaka protesting year. At least 17,900 reported cases Police and army continued to fail to the similar event. of violence against women, including protect indigenous villagers and activists 5,400 reported rape cases. At least 988 in the Chittagong Hill Tracts (CHT) from In December, members of BSL and an women and girls (including 103 minors the [Bengali] settler attacks. Indigenous associate outfit Muktijuddha Manch aged between 7-12 years) were murdered people[s] faced forced-displacement and (so-called Liberation Fighters’ Platform) after rapes, attempted rapes, sexual and discrimination. At least 43 indigenous attacked the Vice President of Dhaka physical , acid violence, and political activists were killed and 67 University Student Union Nurul Haq dowry-related violence. The reported injured mostly as a result of infighting and other students from different public incidents of rape increased dramatically between political factions. Fifteen and private universities for organizing a in recent months. September 2019 indigenous political activists were rally in solidarity with Indian students observed 232 reported rape cases—the reportedly abducted by unknown groups. protesting Citizenship Amendment Act highest in a single month since 2010. In an incident in March, seven people, (CAA) and National Register of Citizens, The alarming rise of violence against including polling officials, were killed which left at least 25 students critically women and girls is partly due to the by unknown assailants. In August, the injured—some of them faced life- prevailing culture of impunity and lack of military extrajudicially executed three threatening injuries. government commitment. Indigenous political activists.

HUMAN RIGHTS IN ASIA-PACIFIC: 13 REVIEW OF 2019 Amnesty International Oun Chhin and Yeang Sothearin, former colleagues at Radio Free Asia who are facing espionage charges, after a hearing at the Phnom Penh municipal court on 3 October 2019. © Tang Chhin Sothy / AFP (via Getty Images)

“Everything But Arms” (EBA) trade CAMBODIA agreement, citing recent restrictions on BACKGROUND labour and other human rights. Kingdom of Cambodia Head of state: King Norodom Sihamoni The crackdown on human rights that Head of government: Hun Sen began in 2017 primarily targeted independent media, outspoken civil FREEDOM OF ASSOCIATION society organizations and the political The harassment, intimidation and Severe restrictions on civil and political opposition. The Supreme Court dissolved arbitrary arrest of supporters of the rights first imposed in 2017 and 2018 the Cambodia National Rescue Party CNRP intensified throughout the year, intensified over the course of the year. (CNRP) in November 2017 and culminating in a major crackdown related Human rights defenders, peaceful restrictions were imposed on its former to the potential return to Cambodia of demonstrators, labour activists and members. Its leader Kem Sokha was acting CNRP president Sam Rainsy on 9 members of the banned opposition arrested and charged with “conspiracy November.1 Although the planned return party continued to face harassment with a foreign power” in 2017 before did not materialise, at least 60 former and intimidation through misuse of being placed under house arrest in 2018. CNRP supporters were jailed and over the justice system. The continuation of In 2017 and 2018 the authorities shut 100 were subject to politically motivated widespread arrests of people suspected down independent radio stations; The charges, including “plotting against the Cambodia Daily newspaper was forced of using or selling drugs led to an state” and “attack,” between mid-August to close in the face of government increase in cases of arbitrary detention and 9 November. Arrests were typically threats, and The Phnom Penh Post was conducted without due process and in and exacerbated overcrowding in prisons. sold to government-friendly business the absence of arrest warrants. All of Forced evictions and land expropriation interests. The government increasingly those imprisoned during this period were by the military acting on behalf of targeted independent NGOs and trade later released on bail following an order powerful business elites remained unions after the Law on Associations and by Prime Minister Hun Sen, but remained a major problem, and land rights NGOs (2015) and the Trade Union Law charged at year end. protestors continued to face reprisals. (2016) came into force. In 2019 the Freedom of peaceful assembly was European Union (EU) initiated a review One former CNRP member, Sam Bopha, arbitrarily suppressed, and civil society and potential revocation of Cambodia’s was killed in police custody. At least two organizations faced ongoing intimidation. preferential free-trade status under the former CNRP members were beaten with

HUMAN RIGHTS IN ASIA-PACIFIC: 14 REVIEW OF 2019 Amnesty International metal bars by unidentified assailants on the third anniversary of the murder of doubling between 2017 and 2019. The the streets of Phnom Penh in September. independent government critic Kem Ley, crackdown disproportionately impacted CNRP President Kem Sokha was including youth activists Kong Raiya and poor and other at-risk populations. The released from de facto house arrest on Soung Neakpaon, who were charged with government’s anti-drug campaign also 10 November but remained subject to “incitement to commit a felony” and led to increased overcrowding in drug strict bail conditions, including a ban later released on bail.6 detention centres and social affairs on political activity and on leaving the centres, where cases of torture and other country.2 ill-treatment have been long reported. WORKERS’ RIGHTS Over-reliance on pre-trial detention Several CNRP supporters fleeing and the widespread failure to consider The minimum wage was increased persecution and seeking refuge abroad alternatives such as bail in criminal cases by 4.4% to US$190 per month in faced intimidation and harassment in led to violations of the right to liberty. September. Minor amendments to Thailand. CNRP activist Soun Chamroeun the Trade Union Law passed by the was subject to an apparent attempted Constitutional Council in December failed abduction and attacked with a taser on to address undue restrictions on workers’ RIGHT TO HOUSING AND FORCED the streets of Bangkok in December.3 and union rights contained in the original EVICTIONS law. Many trade union leaders continued Outspoken NGOs were subjected to Forced evictions and displacement, to face arbitrary criminal charges.7 unlawful surveillance, threats and including of Indigenous peoples, intimidation by police and local remained a persistent problem. The authorities. Routine NGO events such as human rights impact of forced evictions workshops continued to be shut down UNLAWFUL KILLINGS related to agro-industrial economic despite the revocation of a ministerial Tith Rorn, a former CNRP activist, died land concessions and corruption in regulation that required prior permission in detention in Kampong Cham province land transactions was exacerbated by for such events. in April. He had been arrested three increased restrictions on independent days earlier on a misdemeanour charge media and civil society organizations dating back to 2010. At the time of his working on access to land. Military troops FREEDOM OF EXPRESSION arrest, the statute of limitations had privately hired by business elites and the already expired on the charge. His body holders of economic land concessions Severe restrictions on the right to had injuries consistent with having been harassed and intimidated community freedom of expression perpetuated a beaten, yet no independent inquiry into members protesting against evictions. culture of fear and self-censorship among the death was conducted. In January, 28-year-old Pov Saroth was Cambodia’s few remaining independent shot during a violent forced eviction journalists and media outlets. Rath Rott Two years after the murder of prominent conducted by military and police forces Mony, president of a construction workers activist Kem Ley, an independent in Preah Sihanouk province and was left union, was convicted of “incitement to investigation was yet to be undertaken with a disability. discriminate” in June and sentenced to and no progress was made in identifying two years’ imprisonment based on his any suspects in his murder. role as a translator in a documentary INTERNATIONAL JUSTICE on human trafficking.4 Former Radio Free Asia journalists Uon Chhin and Nuon Chea, the former second-in- Yeang Sothearin remained under DETENTION CONDITIONS command of the , died judicial supervision and investigation Severe overcrowding in prisons continued aged 93 in August while appealing his for “supplying a foreign state with to violate prisoners’ rights to health. The convictions for crimes against humanity information prejudicial to national continuation of a three-year anti-drug and genocide by the Extraordinary defence” despite the lack of any campaign led to increasing arrests of Chambers in the Courts of Cambodia. credible evidence against them.5 Seven people suspected of using and selling Two other former Khmer Rouge officials people were arbitrarily arrested in July drugs and exacerbated the overcrowding continued to serve life sentences in relation to the commemoration of crisis, with the prison population imposed by the tribunal.

1. End arbitrary arrests and prosecution of opposition members (ASA 23/1350/2019, 5 November). 2. Reprieve for Kem Sokha a ‘token gesture’ that should not distract from human rights crisis (news story, 10 November). 3. Stop harassment of opposition figures in Thailand (ASA 23/1632/2019, 27 December). 4. Drop trumped-up charges in child sexual exploitation documentary case (news story, 30 May). 5. Drop bogus “espionage” charges against former Radio Free Asia journalists (news story, 13 November). 6. Release prisoners of conscience Kong Raiya and Soung Neakpaon (ASA 23/1291/2019, 27 October). 7. Re: Cambodia’s Law on Trade Unions and Cases Against Union Leaders (joint open letter, 18 December).

HUMAN RIGHTS IN ASIA-PACIFIC: 15 REVIEW OF 2019 Amnesty International A paramilitary policeman stands as tourists wait for the daily flag-raising ceremony in iananmenT Square before the closing session of the National People’s Congress (NPC) in Beijing’s Great Hall of the People on March 15, 2019. © FRED DUFOUR/AFP via Getty Images

LGBTI people faced widespread the top 100 most polluted cities in the CHINA discrimination and stigma in society. world. Due to inadequate medical services, People’s Republic of China they took serious risks by seeking Head of state: unregulated and improper gender- Head of government: Li Keqiang JUSTICE SYSTEM affirming treatments. LGBTI people also faced abuses in the form of “conversion In February, President Xi Jinping emphasized that the legal system should The human rights situation continued to therapy”. be under the ’s be marked by a systematic crackdown absolute leadership. Law enforcement on dissent. The justice system remained The government continued to intimidate, and the judicial system remained largely harass, and prosecute human rights plagued by unfair trials and torture under the control of the party. China defenders and independent NGOs, and other ill-treatment in detention. legalized arbitrary and secret detention, including raids on their homes and China still classified information on its such as “residential surveillance in offices. Human rights defenders’ family extensive use of the death penalty as a a designated location” and an extra- members were subjected to police state secret. judicial system of detention (liuzhi). surveillance, harassment, detention These procedures allowed for prolonged and restrictions on their freedom of Repression conducted under the guise of incommunicado detention and increased movement. “anti-separatism” or “counter-terrorism” the risk of torture and other ill-treatment remained particularly severe in the and forced “confessions”. The UN Amid huge setbacks for human rights, Working Group on Enforced or Involuntary Xinjiang Uighur Autonomous Region China made some progress in its Disappearances sought information on 20 (Xinjiang) and Tibetan-populated areas environmental protection efforts, both by new cases of enforced disappearances in (Tibet). Authorities subjected Uighurs, closing and upgrading polluting factories China from February to May alone. A new Kazakhs and other predominantly and passing new restrictions to tackle regulation, implemented since February, Muslim ethnic groups in Xinjiang to emissions. According to data prepared increased the powers of law enforcement intrusive surveillance, arbitrary detention by Greenpeace Southeast Asia and IQAir and security agencies by exempting and forced indoctrination. AirVisual, Beijing was no longer among police officers from legal responsibility

HUMAN RIGHTS IN ASIA-PACIFIC: 16 REVIEW OF 2019 Amnesty International for any damage they might cause to the XINJIANG UYGHUR AUTONOMOUS ethnic groups are being subjected to property or interests of individuals or REGION brainwashing and other ill-treatment. The organizations while carrying out their descriptions in these documents matched duties. Reports about the detention of Uyghurs, the testimonies Amnesty International Kazakhs and other predominantly Muslim received from former detainees and ethnic groups continued in Xinjiang overseas relatives of those sent to the FREEDOM OF EXPRESSION – THE despite the government’s claim that camps or who went missing in Xinjiang. INTERNET it may eventually phase out purported The documents also further disproved the “vocational training centres”, also known Chinese government’s claims that these The government strengthened its as “transformation-through-education” facilities were merely “vocational training restrictions to the rights to freedom of centres. From early 2017, after the facilities”. expression, association and peaceful Xinjiang government had enacted a assembly. The authorities rigorously regulation enforcing so-called “de- censored all media, from print media extremification”, an estimated up to RIGHTS OF LESBIAN, GAY, to online games. With the assistance one million Uyghurs, Kazakhs and other BISEXUAL, TRANSGENDER AND of private technology and internet ethnic minority people were sent to companies, officials mastered the use of these internment camps. Many religious INTERSEX PEOPLE (LGBTI) facial recognition, real-name registration figures, intellectuals and academics were LGBTI people continued to face systems and big data to keep people detained in Xinjiang merely for exercising discrimination at home, at work, in under indiscriminate mass surveillance their rights to freedom of religion and schools and in public. The authorities and control. In July, a draft regulation expression. This includes Ilham Tohti, a accepted and claimed to have on China’s social credit system proposed Uyghur economist, writer and professor implemented all recommendations on punishing citizens for disseminating who was sentenced to life in prison sexual orientation, gender identity and information that “violates social morality” in 2014 and Tashpolat Teyip, former gender expression at the end of the or causes “adverse social impacts”. In president of Xinjiang University who country’s review process in the third January, Chinese users reported that they was sentenced to death with a two-year cycle of the UN Universal Periodic had been threatened, detained or warned reprieve in 2017, both on charges of Review in 2018. Two recommendations for being active on Twitter – a social “separatism”.2 requested prohibition against media platform officially banned in the discrimination in legislation, but there country. China also extended its control In March the UN High Commissioner is no law that explicitly protects LGBTI of cyberspace beyond its “Great Firewall” for Human Rights stated that her people from discrimination. by launching powerful malware and office sought to engage the Chinese denial of service attacks against overseas government “for full access to carry Following last year’s alleged attempt to servers, websites and messaging apps out an independent assessment of the remove content related to gay issues, continuing reports pointing to wide deemed problematic. Weibo, one of the biggest social media patterns of enforced disappearances platforms, took down content on lesbian and arbitrary detentions, particularly in topics in April. Activists feared that FREEDOM OF RELIGION AND BELIEF Xinjiang”.3 online censorship of LGBTI-related content would intensify. Beijing continued to tighten its grip on In July, 25 countries issued a joint Christians and Muslims as China pushed statement on Xinjiang at the UN Human After an online campaign for legal ahead with the “sanitization of religion”, Rights Council.4 In September, Amnesty recognition of same-sex marriage, which Premier Li Keqiang reiterated at International, together with four other Yue Zhongming, the spokesperson the National People’s Congress in March. human rights organizations published a for the National People’s Congress Many Buddhist and Taoist temples joint letter to the UN Secretary General, Legislative Affairs Commission, publicly and statues, along with mosques and urging the UN to step up pressure on acknowledged public opinion supporting churches, were damaged or destroyed China to end the mass detentions in the recognition of same-sex marriage Xinjiang.5 in the Civil Code. Same-sex couples in on the direction of the government. China were denied equal partnership The authorities jailed religious leaders In November, the New York Times rights because of their sexual orientation. who were not recognized by the party and the International Consortium of for “endangering state security”. On Investigative Journalists disclosed Transgender people were classed as 30 December 2019, pastor Wang Yi of two sets of leaked documents from having a “mental illness”, and gender- the Early Rain Covenant Church was unidentified Chinese officials detailing affirming surgeries required the consent sentenced to nine years for “illegal the crackdown in Xinjiang and the of families. Other criteria to qualify for business operation” and “inciting framework for facilities where hundreds such surgeries - such as being unmarried subversion of state power”. of thousands of predominantly Muslim or having a clean criminal record -

HUMAN RIGHTS IN ASIA-PACIFIC: 17 REVIEW OF 2019 Amnesty International created further barriers to accessing HUMAN RIGHTS DEFENDERS he and three others were convicted of this treatment. Prevalent discrimination “picking quarrels and provoking trouble” The space for human rights defenders and stigma, restrictive eligibility for commemorating the 27th anniversary (HRDs) to freely carry out their work requirements, and a lack of information of the Tiananmen crackdown in 2016. continued to shrink. The authorities resulted in transgender people seeking systematically subjected HRDs to unregulated and unsafe gender-affirming Authorities retaliated against citizen surveillance, harassment, intimidation, treatments.6 journalists and NGO workers reporting detention and imprisonment. Many on human rights violations. Early in activists and HRDs continued to be the year they detained Wei Zhili, Ke Transgender people told Amnesty prosecuted on vague and overly broad Changbing and Yang Zhengjun, editors International that they did not receive charges such as “subverting state power”, of a China labour rights website in any advice or guidance on gender- “inciting subversion of state power” Guangzhou.8 Huang Qi, the co-founder of affirming treatments from their doctors and “picking quarrels and provoking 64tianwang.com, a website that reports when they first started taking hormones. trouble”. Many were held in “residential on and documents protests in China, Instead, they learned about treatment surveillance in a designated location” on was sentenced to 12 years in prison for options from friends and by searching the suspicion of involvement in state security “leaking state secrets” and “providing internet for information. crimes. This form of detention allowed state secrets to foreign entities”. Liu the police to detain individuals suspected Feiyue, the founder of human rights Transgender people who had an urgent of such crimes for up to six months in website Civil Rights and Livelihood need to align their body with their gender an unknown location outside the formal Watch, was detained in late 2016 and identity told Amnesty International that detention system, with suspects denied sentenced to five years in prison for due to the lack of accessible and credible access to legal counsel and families. “inciting subversion of state power” on health-related information, they had had 29 January. Anti-discrimination NGO little choice but to resort to the unsafe The authorities sustained a crackdown workers Cheng Yuan, Liu Yongze, and Wu and risky black market to obtain hormone on dissent and independent voices. Gejianxiong were held in incommunicado medication. Some even attempted to Prominent human rights lawyer Gao detention since 22 July on suspicion of 9 perform surgeries on themselves as they Zhisheng, who launched a memoir “subversion of state power”. For the detailing his experience of enforced believed that accessing gender-affirming first time, authorities publicly criticized a disappearance, torture and other ill- treatments at a hospital was not possible. foreign NGO, Asia Catalyst, for breaching treatment, and illegal house arrest, was the Foreign NGO Management Law. again forcibly disappeared in August Amnesty International also received 2017. His whereabouts are unknown. reports of LGBTI individuals being forced In February Beijing human rights lawyer Family members of human rights by their families to undergo “conversion Yu Wensheng was indicted on charges defenders were also subject to police therapies” that claim to change their of “inciting subversion of state power” surveillance, harassment and restrictions sexual orientation, gender identity and “obstructing the duties of public on their freedom of movement. Li Wenzu, and gender expression, in the belief officers” after he had circulated an open the wife of imprisoned human rights that being LGBTI is a mental disorder letter calling for five reforms to China’s lawyer Wang Quanzhang, said that, for requiring treatment. Despite a landmark constitution. Chen Jianfang, a grassroots a long time, she had difficulty finding a judgment in 2014 which declared that civil and political rights advocate, was place to live because police threatened homosexuality was not a disease and formally arrested for “inciting subversion landlords not to sign leases with her. required no treatment, the government of state power” in June 2019.7 Activist Their six-year-old son Quanquan could did not take any action to ban conversion Chen Bing was sentenced to three and a not go to school, as police threatened the therapy. half years’ imprisonment on 4 April after school’s administrators.10

1. UN Act to End China’s Mass Detentions in Xinjiang, (Press release, 4 February 2019). 2. Uyghur academic faces execution in China: Tashpolat Teyip (ASA 17/1006/2019) 3. China Joint Statement Calling for Xinjiang Resolution at the United Nations Human Rights Council, (Joint statement, 4 February 2019) 4. Amnesty International welcomes statement at Human Rights Council addressing China’s appalling violations in Xinjiang (IOR 40/0711/2019) 5. Open letter to UN Secretary General Re: China’s Human Rights Violations in Xinjiang (Joint statement, 17 September 2019) 6. “I need my parents’ consent to be myself” – Barriers to Gender-affirming Treatments for Transgender People in China, (ASA 17/0269/2019) 7. Grassroots women activist held incommunicado: Chen Jianfang (ASA 17/0778/2019) 8. Further Information: Labour activists held in secret detention: Wei Zhili and Ke Chengbing (ASA 17/0790/2019) 9. NGO workers detained for ‘subversion’ (ASA 17/0927/2019) 10. 1413 Days and Counting: Li Wenzu’s fight for her husband’s freedom (Blog, 12 July 2019)

HUMAN RIGHTS IN ASIA-PACIFIC: 18 REVIEW OF 2019 Amnesty International Pro-democracy protesters react as police fire water cannons outside the government headquarters in Hong Kong on September 15, 2019. © Nicolas Asfouri / AFP via Getty Images)

district elections with historically high demands, including for an independent HONG KONG voter turnout. and impartial investigation into the use of force by police. As the year went on, Hong Kong Special Administrative Region, People’s Republic both the police and protesters escalated of China violence.3 Head of government: Carrie Lam FREEDOM OF PEACEFUL ASSEMBLY

If enacted, the Extradition Bill would Hong Kong police responded to the have exposed individuals in Hong Kong to There was a rapid deterioration in the protests with unnecessary and excessive mainland China’s criminal justice system, rights to freedom of peaceful assembly, use of force. Amnesty International which has a well-documented record of expression and association as the documented the police’s dangerous human rights violations.2 Hong Kong authorities increasingly use of rubber bullets and bean bag adopted mainland China’s vague and rounds; beating protesters who were all-encompassing definition of national The bill’s proposal triggered a series of not resisting; aggressive tactics to security.1 Faced with mass protests, protests beginning in March, including obstruct journalists at protest sites; the government first suspended and three mass peaceful protests with and misuse of pepper spray and tear then in September formally withdrew a estimated numbers of over one million, gas,4 as well as evidence of torture and proposed Fugitive Offenders and Mutual two million and 1.7 million people other ill-treatment in detention.5 On 31 Legal Assistance in Criminal Matters marching peacefully on the streets August, police started deploying water Legislation Bill (the Extradition Bill), on 9 June, 16 June and 18 August, cannons, mixed with irritants and dye which would have allowed the handover respectively. Although the government that indiscriminately marked individuals of persons in Hong Kong to mainland announced withdrawal of the Extradition for identification later.6 In October, the China. After months of protest, pro- Bill on 4 September, the movement government invoked a colonial-era law, democracy parties had landslide wins in broadened its calls with additional the Emergency Regulations Ordinance,

HUMAN RIGHTS IN ASIA-PACIFIC: 19 REVIEW OF 2019 Amnesty International to ban full or partial face coverings at months each. Prosecutors cited press infrastructure project proposed by the protests.7 The High Court later ruled the conferences, media interviews and public government, raising concerns about ban unconstitutional. The government’s meetings in which the pro-democracy alleged collusion between government appeal of this decision will be heard in leaders had discussed their non-violent and property developers and the potential 2020. campaign of direct action as key for forced evictions of local villagers and evidence to support the accusations of environmental damage. unlawful behaviour.8 In August, Benny Tai PRISONERS OF CONSCIENCE was released on bail pending an appeal. The government used vague charges RIGHTS OF LESBIAN, GAY, to prosecute and imprison activists for BISEXUAL, TRANSGENDER AND their peaceful exercise of the rights to ECONOMIC, SOCIAL AND CULTURAL INTERSEX (LGBTI) PEOPLE peaceful assembly and expression. In RIGHTS In June, the Court of Final Appeal held April, nine leaders of the pro-democracy that restricting spousal employment In March, housing rights activist Yip Umbrella Movement protests in 2015 benefits and joint tax assessment to Po-lam’s sentence of two weeks’ were convicted on vague “public opposite-sex marriages amounted to imprisonment was upheld for staging nuisance”–related charges. Law professor sexual orientation discrimination.9 Benny Tai and sociology professor Chan a sit-in at the Legislative Council However, the High Court rejected claims Kin-man were each sentenced to 16 against the Northeast New Territories against the requirement for transgender months’ imprisonment. Political party New Development Project in 2014. people to undergo surgery before having leader Raphael Wong and lawmaker Activists and affected villagers have their gender legally recognized, and for Shiu Ka-chun were imprisoned for eight protested for years against the major same-sex marriage.10

1. Beijing’s “Red Line” in Hong Kong (ASA 17/0944/2019) 2. Proposed extradition law amendments a dangerous threat to human rights (Press release, 7 June 2019) 3. Open letter to the Chief Executive – calling for an independent commission of inquiry (Press release, 28 June 2019) 4. How not to police a protest: Unlawful use of force by Hong Kong police (ASA 17/0576/2019) 5. Arbitrary arrests, brutal beatings and other torture in police detention revealed (Press release, 19 September 2019) 6. Water cannons pose real danger in hands of trigger-happy police (Press release, 9 August 2019) 7. Emergency powers are an extreme attempt to quash protests (Press release, 4 October 2019) 8. Free jailed pro-democracy Umbrella Movement protest leaders, (Press release, 24 April 2019) 9. Court ruling a huge step forward for same-sex equality, (Press release, 6 June 2019) 10. Court ruling a setback in fight for equality for transgender people (Press release, 1 February 2019); Hong Kong: A serious setback for equal marriage (Press release, 18 October 2019)

HUMAN RIGHTS IN ASIA-PACIFIC: 20 REVIEW OF 2019 Amnesty International A security personal stands guard as residents stand in a queue to check their names on the final list of National Register of Citizens (NRC) at a NRC Sewa Kendra (NSK) in Burgoan village in Morigoan district. © Getty images

of indigenous forest dweller families the state into two union territories. INDIA were threatened with forced eviction. This was preceded and followed by Women were not adequately protected a region-wide clampdown on civil Republic of India from sexual and domestic violence, liberties, increased militarisation, a Head of state: Ram Nath Kovind harassment and discrimination. There communications blackout and detention Head of government: Narendra Modi was a serious lack of accountability for of key political leaders such as Farooq murders and other attacks carried out Abdullah, Omar Abdullah and Mehbooba The government revoked Jammu and by vigilante mobs against hundreds of Mufti. In a move to silence critics, Kashmir’s special status and launched people based on their religious, ethnic, hundreds of other political leaders a widespread crackdown, detaining caste and gender identities. Rights to and activists were also detained under opposition leaders and activists, freedom of peaceful assembly, expression various administrative detention laws. denying them due process, severing and opinion were heavily suppressed by No official information on the number of communication links, and preventing the Indian authorities as repressive and people detained, their access to lawyers access to services. Nearly two million discriminatory laws were passed by the or family members, where they were people were pushed to the brink of Indian Parliament. held and under what charges was made statelessness in procedures that were available. arbitrary and discriminatory. Human rights defenders faced huge challenges, JAMMU AND KASHMIR Government-imposed restrictions including arbitrary arrest, detention and In August, the government revoked the prevented journalists and activists prosecution as a means of silencing special status of Jammu and Kashmir from independently documenting and them while freedom of expression was (J&K) guaranteed under Article 370 of sharing information about the situation, censored with draconian laws. Millions the Indian Constitution and bifurcated including allegations of human rights

HUMAN RIGHTS IN ASIA-PACIFIC: 21 REVIEW OF 2019 Amnesty International abuses. Access to emergency services, biased and discriminatory, particularly undermines the rights of transgender healthcare, education and other services against women who were less likely and intersex persons, and violates India’s were highly restricted. The United to have access to identity documents international human rights obligations Nations human rights experts including to prove their status. The Tribunals, and the 2014 ruling of the Supreme the Special Rapporteur on the promotion chaired by members with limited Court in the case of NALSA v. Union of and protection of freedom of expression, judicial experience, frequently declared India. Amongst other flaws, the Act lays the Special Rapporteur on the situation individuals as “irregular foreigners” out a vague bureaucratic procedure to be of human rights defenders, Working as a result of clerical errors like minor followed for legal gender recognition of Group on Enforced or Involuntary differences in spellings of names or date the transgender persons. Disappearances, the Special Rapporteur of birth on electoral rolls. Over 1000 on the right to peaceful assembly and declared foreigners were detained in one During the same session, the Citizenship association and the Special Rapporteur of the six detention centres in Assam (Amendment) Act was passed amending on extrajudicial, summary or arbitrary which are rife with overcrowding and the Citizenship Act of 1955 to enable executions described the crackdown as ‘a lack of segregation between undertrials, irregular migrants to acquire Indian form of ’. convicts and the detainees. Amnesty citizenship through naturalisation International India has also documented and registration. However, it restricts While many communication services have the deteriorating mental and physical the eligibility to only Hindus, Sikhs, been restored such as telephone, mobile health of detainees. The construction Buddhists, Jains, Parsis and Christians phones, SMS etc., the internet continues of ‘India’s largest detention centre’ was from Afghanistan, Bangladesh and to be shut down. Kashmir valley accounts underway in Goalpara, Assam which is Pakistan who entered India on or before for half of all internet shutdowns in estimated to hold around 3000 people 31 December 2014. The Act also India that reports the highest number of who have been declared to be foreigners. reduces the requirement of residence in shutdowns in the world. India for citizenship by naturalisation from 11 years to 5 years for these Prior to August, Kashmiri women and REPRESSIVE LAWS particular communities. men throughout the country faced Many repressive amendments were targeted attacks, harassment and Besides adversely impacting the refugees arbitrary arrests after 42 members of the made to laws such as the Citizenship and asylum seekers, the amendments security forces were killed in Pulwama, Act, Unlawful Activities (Prevention) also impinge on the human rights of J&K, in a suicide bomb attack in Act (UAPA), Transgender Persons Indian citizens, particularly Muslims. February. Kashmiri university students (Protection of Rights) Act and the Right In the winter session of the Parliament, and traders in northern states, primarily to Information (RTI) Act etc. the Union Home Minister, Amit Shah Uttarakhand, Haryana and Bihar were announced a nation-wide National beaten, threatened, and intimidated by In the monsoon session, the UAPA, Register of Citizens (NRC) which will some Hindu nationalist groups causing India’s principal counter-terrorism law document the citizenship of more than many students to flee their universities. was amended to allow the government 1.3 billion people in the country raising to designate an individual as a terrorist. concerns on the fate of excluded Muslims In June, the authorities denied Amnesty It gives an overbroad and ambiguous from the Register. In wake of nation-wide International India permission to hold an definition of a ‘terrorist act’ giving protests against the Act, the Government event to launch a briefing on the misuse unbridled power to the government to of India temporarily withdrew its of the draconian J&K Public Safety Act brand any ordinary citizen or activist announcement. The heavy-handed (PSA) in Srinagar, the region’s capital a terrorist. It stands to implicate police response during the protests led verbally citing the ‘prevailing law and individuals for being proactive members to the death of at least 25 people and order situation’ as the reason. of the society, ban critical thinking and thousands of arrests. criminalise dissent by designating them terrorists. In the same session, the RTI DISCRIMINATION Act was also diluted. The amendments to FREEDOM OF EXPRESSION The Assam authorities published its the Act weakened the independence of National Register of Citizens in August the Information Commissions by resting Human rights defenders faced huge from which almost two million people the power to determine their tenure, challenges to pursue their activities, were excluded pushing them to the salary and conditions of service with the including arbitrary arrest, detention and brink of statelessness. The only available central government. prosecution as a means of silencing remedy available to those excluded from them. becoming stateless was through the In December 2019, during the Foreigners Tribunals, a quasi-judicial winter session of the Parliament, Nine prominent human rights activists body where, in many cases, proceedings the Transgender Persons (Protection arrested in 2018 under the Unlawful were arbitrary, and decision-making of Rights) Act was passed. The Act Activities (Prevention) Act, remained

HUMAN RIGHTS IN ASIA-PACIFIC: 22 REVIEW OF 2019 Amnesty International arbitrarily detained for ‘waging a war arrested those protesting against the victim was the subject of an “ongoing against the country’. All nine have worked Act or imposed prohibitory orders under criminal investigation”. Subsequently, with the most marginalised people of Section 144 of the Code of the Criminal the complaint was referred to an in- India, such as Dalits and Adivasis, and Procedure. Protestors were also met house committee made up of three held views opposing the government. In with a show of force, mass detention judges including two female judges but February, the Maharashtra police arrested and large scale internet shutdowns. In not including any external members as academic Anand Teltumbde, accused Uttar Pradesh alone, over 18 people were required under the Sexual Harassment of involvement in the Bhima Koregaon killed including an 8-year old child and of Women at Workplace (Prevention, violence that took place near Pune in over 5000 were detained. Prohibition and Redressal) Act. The 2018 and of links to the Communist complainant was not allowed to bring her Party of India (Maoist), a banned lawyer to the committee proceedings and organisation. He was released a day later INDIGENOUS PEOPLES’ RIGHTS denied her request for information on the on 4 February, after a court ruled his committee’s procedures. Consequently, On 13 February, the Supreme Court, arrest was illegal. she withdrew from the proceedings. acting on a petition filed by wildlife After the panel cleared the CJI of any groups, ordered the eviction of all forest In June, the Central Bureau of wrongdoing, it denied her access to a dwellers in India, after their claims to Investigation filed a criminal case against report detailing its findings. remain on their traditionally held land the Lawyers Collective for allegedly was rejected by the states under the violating the Foreign Contribution In July 2019, the Muslim Women Forest Rights Act. According to the (Protection of Rights on Marriage) Act (Regulation) Act, a law that unduly Ministry of Tribal Affairs, nearly two was passed by the Parliament which restricts the right of organizations to million families were affected. The came into force in September 2019. access foreign funding. The Collective’s Central Government intervened, and on It criminalizes the discriminatory activities include provision of legal 28 February, the Court put the order on practice of triple talaq (Islamic instant aid and advocating for the rights of hold while it awaited information from divorce available only to men) making marginalized groups. states to ascertain whether they had it punishable by up to three years’ followed due process in rejecting the imprisonment. Draconian sedition charges continued claims. The Court still awaits responses to be used for criminalizing dissent. from all states. Pa Ranjith, a film maker and Dalit rights activist, Hard Kaur, a rapper, and In June, the Special Rapporteurs COMMUNAL AND ETHNIC VIOLENCE Shehla Rashid, a Kashmiri politician and on adequate housing, the rights of Scores of hate crimes against Muslims activist were amongst many others who indigenous peoples and on the human and other religious groups, ethnic were slapped with sedition charges for rights of internally displaced persons groups, including Dalits and Adivasi (an criticizing the government. On 7 June, expressed concern about the adverse indigenous tribal people), as well as caste journalist Prashant Kanojia was arrested impact of Supreme Court’s order on the and gender-based crimes, took place for sedition in the capital, New Delhi, lives of millions of tribal people. across the country. Many were carried after he posted social media content out by vigilante groups and mobs. Violent criticizing Uttar Pradesh’s Chief Minister. attacks included mob “lynching”. On 12 June, the Supreme Court released WOMEN’S RIGHTS him on bail but the charges against him Women continued being subjected to Legislation against these crimes remained remain. On 3 October, 49 renowned sexual and domestic violence, including inadequate. In July, the Uttar Pradesh celebrities were charged with sedition for by husbands and other relatives, and Law Commission submitted a draft bill writing an open letter to Prime Minister sexual harassment at workplace, while to the state government which aimed Narendra Modi urging him to take perpetrators continued to enjoy impunity. to strengthen laws against lynching. In meaningful action against hate crimes. August, the Rajasthan government passed In their letter, they had cited government In April, a woman employed as a its Rajasthan Protection from Lynching and other independent data to highlight junior court assistant at the Supreme Bill making it the second state after the rise in hate crimes and decline in Court, made an allegation of sexual Manipur to criminalize mob lynching as their convictions. harassment against the Chief Justice an offence separate from murder with of India (CJI) in connection with an stronger penalties. Central and state governments across incident in 2018. The CJI responded India also cracked down on peaceful by convening a panel of judges to Government data on mob lynching by protests (including various universities examine concerns that the claims were “cow protection” vigilantes remained and minority institutions) against the motivated by the complainant’s wish inadequate because it failed to recognize discriminatory Citizenship (Amendment) to attack the judiciary’s independence. the gravity of and discriminatory motive Act. Various state governments either Media reports said the CJI claimed the behind the crime and rather addressed

HUMAN RIGHTS IN ASIA-PACIFIC: 23 REVIEW OF 2019 Amnesty International it under provisions of the Indian Penal rods and sticks, while his attackers In August, six out of nine men charged Code related to “rioting”, “unlawful forced him to chant ‘Jai Sri Ram’ (Hail with the murder of Pehlu Khan, a dairy assembly” or “murder”. The National Lord Rama) and ‘Jai Hanuman’ (Hail farmer who was lynched on the suspicion Crime Records Bureau had not released Hanumana). Eleven men were charged of cow smuggling, were acquitted by a its annual report of crime, prison and with his murder, but the murder charge lower court in Rajasthan. The remaining suicide statistics for the third consecutive was dropped and converted to culpable three are juvenile and being tried by year. The failure to collect and preserve the court designated for trying juvenile homicide not amounting to murder when data, along with the police’s failure offenders. While ordering their acquittal, police claimed that the post mortem and to conduct an effective investigation, the court held that the video which forensic reports found he had died of a resulted in dozens of perpetrators being captured the attack on Pehlu Khan was heart attack and that the killing was not acquitted. not admissible evidence. At the same premeditated. However, on September time, the police filed a case against the In June, a video of the brutal mob 18, the police filed a supplementary deceased Khan and his two sons for killing of Tabrez Ansari, a 24 year-old charge sheet retaining the murder charge smuggling cows. Muslim labourer in Jharkhand went against 11 accused based on a fresh viral. It showed him tied to a pole and medical report after the police sought a being beaten by men armed with iron second opinion from specialist doctors.

1. Between Fear and Hatred: Surviving Migration Detention in Assam, 23 November 2018

HUMAN RIGHTS IN ASIA-PACIFIC: 24 REVIEW OF 2019 Amnesty International Police at mass rally in September 2019 against the passage of certain controversial laws, including amendments to the criminal code. © Amnesty International Indonesia

rights violations by security forces; Makar charges were used to arrest, INDONESIA women and girls’ rights; the human prosecute and imprison peaceful pro- rights situation in Papua; human rights independence activists in Papua and The Republic of Indonesia abuses by oil palm companies; the death Maluku. On 31 October, 27 people were Head of state and government: President Joko Widodo, penalty, and LGBTI rights.1 charged with makar, including five from re-elected in April Maluku who were arrested in June for flying the Benang Raja flag, a symbol The government failed to protect human FREEDOM OF EXPRESSION AND of the South Maluku Republic (RMS) rights defenders, and restricted the PROTECTION OF HUMAN RIGHTS separatist movement. They were all rights to freedom of expression, peaceful DEFENDERS prisoners of conscience. assembly and association. The abuse of criminal law provisions to curtail Amnesty International tracked data from Amnesty International documented legitimate expression persisted. Security the media and local partners, finding nine convictions based on blasphemy forces committed human rights violations 203 criminal investigations initiated provisions in the Blasphemy Law, largely with impunity, using excessive between October 2014 and March 2019 Criminal Code and ITE Law, eight of them force during policing and security against those who expressed criticism for social media posts on religious issues. operations. Violence flared in Papua, of public officials, their spouses, involving both peaceful and violent or government institutions through reactions to racist verbal attacks and electronic media, social media platforms, POLICE AND SECURITY FORCES violence against Papuans. or during protests. Investigations were based on charges of defamation, “hoax Several nationwide protests took place, dissemination,” and “incitement of including on 21-23 May against the enmity,” all of which were provisions presidential election result and on 23-30 in the Electronic Information and September against the enactment by BACKGROUND Transactions (ITE) Law. Authorities parliament of several laws, including the Presidential, parliamentary, and also used the Criminal Code and its amended Criminal Code which contains local legislative elections were held makar (“rebellion”) provisions, which provisions threatening civil liberties. simultaneously on 17 April. Amnesty criminalized acts — whether violent or Evidence indicated that the police used International published a nine-point not — committed with the intent to make unnecessary or excessive force against Human Rights Agenda for the elections, part or all of Indonesia fall into the hands protesters and bystanders. highlighting threats to freedom of of the enemy or to secede; harm the expression, thought, conscience, religion president or vice president; or overthrow The police used excessive force and belief; accountability for past human the government. amounting to torture or other ill-

HUMAN RIGHTS IN ASIA-PACIFIC: 25 REVIEW OF 2019 Amnesty International treatment during the 21-23 May protests, transparent investigations it is difficult to 29-30 August, and 34 in Wamena on 23 some of it recorded on videos that were verify the facts of such claims, including September. verified as authentic.2 Videos showed self-defense claims made by the police. the police kicking and beating men Police responded to the violence in who were clearly not resisting, actions Papua by initiating criminal charges confirmed by witnesses, victims, and HUMAN RIGHTS VIOLATIONS AND against human rights defenders and victims’ families. The police also arrested ABUSES IN PAPUA political activists. The police charged protesters and held them in arbitrary and two human rights defenders, Veronica incommunicado detention for at least Violence in the Papua region (Papua and Koman and Dandhy Dwi Laksono, with several days without proper warrants. In Papua Barat provinces) was triggered by “incitement” provisions in the ITE Law response to a public outcry about these two incidents: a violent attack in early for their tweets about reports of serious abuses, the police claimed that 16 police December 2018 against 16 construction officers were held responsible for human company workers in Nduga, responsibility human rights violations in Papua. By rights violations committed during the for which was claimed by an armed pro- October, at least 22 people in Jakarta May protests. To the extent they were Papua independence group; and racist and Papua were arrested, detained and held to account, however, it was through verbal abuse in Surabaya, East Java, on charged with the crime of makar. They non-transparent internal disciplinary 16 August. In the latter case, military were prisoners of conscience, detained mechanisms rather than criminal personnel and members of anti-Papua solely for their peaceful activities in prosecutions. independence organizations surrounded various anti-racism protests.3 Papuan students in their dormitory and Nine people were killed in Jakarta and used racist slurs, including calling them one in Pontianak during the 21-23 May “monkeys.” This abuse was recorded WOMEN’S RIGHTS protests, many of them from gunshot on video and shared widely on social wounds. The police claimed that none media, prompting Papuans to stage On 5 July, the Supreme Court acquitted a of its officers used live ammunition. protests, some of which turned violent, in 15-year-old girl who had been convicted No police were arrested nor were any Jayapura, Deiyai, Fakfak, and Wamena, by the lower courts of aborting her suspects identified. major cities in Papua. pregnancy resulting from rape by her brother. During the 23-30 September protests, The attack against the workers in Nduga the police used excessive force to led to large-scale military and police On 29 July, the president signed a decree deployment. Local residents fled to disperse the crowd by indiscriminately to amnesty Baiq Nuril, after the Supreme the surrounding forest or nearby cities. using pepper spray and tear gas. On Court upheld previous court decisions 26 September in Kendari, Southeast Local civil society groups, including convicting her of spreading pornographic Sulawesi, two students participating in churches, reported at least 182 deaths content based on a recording she made the protest were killed due to gunshot, from December 2018 to July 2019, 18 of her superior sexually harassing her in a one to his chest and another to his head. from gunshot wounds during military phone call, which went viral. While both The police investigating the deaths and police operations. Most died from announced that contrary to their previous diseases, malnutrition and the overall developments are victories for women’s claims, six officers carried firearms during poor conditions in shelters. They also rights, they also indicate the need for the Kendari protest, but no suspects reported that there were approximately legal and systemic protection for victims were identified as being responsible 5,000 internally displaced persons in of sexual violence. Parliament deliberated for the deaths. Three protesters were Wamena, Jayawijaya and other districts on the Sexual Violence Eradication bill also killed during the Jakarta protests, living in unsanitary conditions and over the course of the year, but did not but the police did not announce any lacking access to food, education, health, pass it into law. investigations into the deaths. and other public services.

Several journalists reported that they Media and local civil society SEARCH ENGINE KEY TERMS were intimidated and attacked by the organizations reported that there were police when documenting police conduct at least nine deaths in Deiyai during Indonesia, Papua, Torture, Women’s in both protests. Due to the lack of a 28 August protest, which became Rights, Torture, Excessive Force, prompt, independent, effective, and violent, as well as four in Jayapura on Impunity and Accountability.

1. Rights Now: 9-Point Human Rights Agenda for Indonesia’s Election Candidates (ASA 21/0153/2019, 15 April). 2. Open Letter on Torture or Other Ill-Treatment by The Police in The Mass Protest Following the Election Result Announcement of 21-23 May 2019 (ASA 21/0577/2019, 25 June). 3. Open Letter on the Increasing Use of Makar Charges against Papuan Activists to Stifle Freedom of Expression (ASA 21/1108/2019, 2 October).

HUMAN RIGHTS IN ASIA-PACIFIC: 26 REVIEW OF 2019 Amnesty International Participants march in the Tokyo Rainbow Pride parade on the streets of Tokyo, Japan, 28 April 2019. People participated in the march, of sexual minorities of the LGBT (lesbian, gay, bisexual, and transgender) community and their supporters paraded through the streets of downtown Tokyo to promote a society free of prejudice and discrimination. © Alessandro Di Ciommo / NurPhoto via Getty Images

psycho-social or intellectual disabilities.1 Triennale 2019 was closed after receiving JAPAN In June the Citizens’ Committee to extensive complaints, particularly about Abolish Capital Punishment was two pieces – one that included an image Japan established with the participation of Emperor Hirohito being incinerated Head of government: Shinzo Abe of Amnesty International to create with a blowtorch and another that momentum for a dialogue on abolition. included a statue of a “comfort woman”, Attempts to establish a national human a woman forced into the Japanese rights institution have not progressed military sexual slavery system before and since 2012 and civil society continues DISCRIMINATION – EDUCATION during World War II. The exhibit reopened to call for individual complaints The Supreme Court dismissed a damages in October after public criticism about 2 procedures that could investigate human claim filed over the government’s the restriction on freedom of expression. rights violations. Although there is decision to exclude Pyongyang-related some momentum at the political level, Korean schools from its tuition-free discrimination against LGBTI individuals program for high schools. On the same MIGRANTS’ RIGHTS continues. Legal protection of the rights day the court upheld an Osaka High In April, Japan amended the Immigration of migrant workers and their families is Court decision that overturned the district Control and Refugee Recognition Act incomplete in law and Japan has yet to court ruling that the exclusion was illegal. (Immigration and Refugee Act), to ratify the Migrant’s Convention. Two cases on the same issue remained address a serious labour shortage by pending at High Courts at year end. creating a new residence status of “specified skilled worker.” Civil society DEATH PENALTY organizations have raised concerns that Japan continues to execute and lacks FREEDOM OF EXPRESSION the this could increase the number of safeguards to avoid the application of On 3 August, an exhibit on political foreign workers subjected to human death sentences for people with mental, taboos that was part of the Aichi rights abuses as the amendment does not

HUMAN RIGHTS IN ASIA-PACIFIC: 27 REVIEW OF 2019 Amnesty International address the fundamental structures that RIGHTS OF LESBIAN, GAY, court ruled that same-sex couples are allow abuses such as sexual abuse, work- BISEXUAL, TRANSGENDER AND entitled to legal protection similar to related deaths and working conditions INTERSEX PEOPLE opposite-sex non-married couples. The that amount to forced labour to occur. ruling further stated that the phrase In December 2018, four opposition in Article 24 of the Constitution that parties introduced a bill to ban the marriage is based on mutual consent REFUGEES AND ASYLUM-SEEKERS discrimination against LGBT people and of “both sexes” does not mean to deny the bill was still pending at the end of same-sex marriage. Japanese authorities reported in March 2019. The ruling party announced it that 42 out of 10,493 refugees claims would also introduce a bill but it aims only In May, the legislature passed a were approved in 2018. As of the end to promote a tolerant society and critics law obliging corporations to prevent of September, 198 asylum-seekers or have argued it is insufficient to protect workplace harassment and an irregular migrants had taken part in LGBTI individuals from discrimination and accompanying resolution that specifically hunger strikes to protest their extended would not recognize same-sex marriage. called for prevention of harassment and indeterminate detention and In September the Tokyo Metropolitan based on SOGI. Government introduced a basic plan on conditions in immigration detention.3 On Sexual Orientation and Gender Identity While individuals have been allowed 1 October, authorities stated the death (SOGI) to implement the ordinance to officially change their sex under the of a Nigerian man in a detention center adopted in October 2018 that banned Act on Gender Identity Disorder, the in Nagasaki on 24 June was a result of a discrimination against LGBT people.4 recognition requirements, such as being hunger strike. The Tokyo Bar Association deprived of their reproductive organs or noted that the Immigration and Refugee As of September, 25 municipalities reproductive ability, gender confirmation Act allows detention without individually and one prefecture recognize same-sex surgery and single status, violate their assessing the necessity of the detention. partnerships. In September a district human rights.

1. Two hanged in deplorable move (Press release, 2 August 2019); Amnesty International, Japan: Execution a shameful stain on human rights record of Olympic hosts (Press release, 26 December 2019) 2. Grave concern over cancelation of the Aichi Triennale ‘After Freedom of Expression?’ exhibit (in Japanese only) (Public statement, 8 August 2019) 3. 198 Joined hunger strike in protest of prolonged detention at immigration facilities (ASA 22/1149/2019) 4. Statement on Tokyo Metropolitan Government’s draft basic plan on sexual orientation and gender identity (in Japanese only) (Public statement, 1 October 2019)

HUMAN RIGHTS IN ASIA-PACIFIC: 28 REVIEW OF 2019 Amnesty International A commuter reads a newspaper while waiting for a train at a newsstand in a subway station in Pyongyang on June 19, 2019, ahead of a visit to the North Korean capital by Chinese President Xi Jinping on June 20. Xi will be the first Chinese leader to visit Pyongyang in 14 years. © Ed Jones / AFP via Getty Images

Special Rapporteur on the situation of 50,000 tons of rice offered by human rights in the Democratic People’s Korea despite the significant decline in Republic of Korea to visit.2 agricultural productivity and the livestock (DEMOCRATIC industry. PEOPLE’S REPUBLIC OF) BACKGROUND DEATH PENALTY Foreign media reported public The Democratic People’s Republic of Korea In his New Year’s address, Kim Jong- executions, including for the alleged Head of state: Kim Jong-un un reiterated the importance of “self- Head of government: Kim Jae-ryong offences of sexual assault, drug crimes reliance” and socialism but also and “superstitious behaviour”. The discussed de-nuclearization and the authorities had previously halted most The authorities continued to impose peace process. Nuclear negotiations public executions starting in 2012, to severe restrictions on freedom of continued, including summits with improve its image and in response to movement and access to information. China, the USA and South Korea, but continued calls to improve its human Widespread and systematic controls little progress was made. Human rights rights record. During the Universal over the daily lives of people and received scant attention during the Periodic Review in May, a North Korean frequent pressing of the public into negotiations. From May to December, official explained that public executions labour mobilizations severely affected tensions rose as fired over only take place when the victim’s family the enjoyment of human rights. Foreign 20 missiles in at least 13 different tests. and other people concerned make a media reported several public executions. request to be present. People in detention experienced torture Economic sanctions by the UN and and other ill-treatment and harsh individual states remained in place. conditions. The government continued to According to foreign media, they ARBITRARY ARRESTS AND expand engagement with the international negatively impacted the nation’s community including participating in economy and the standard of living for DETENTION the third UN Universal Periodic Review large numbers of people. North Korean The government continued to operate, of its human rights record.1 However, workers returned from abroad as a result and to deny the existence of, four known authorities have still not allowed the of sanctions. In July, authorities rejected political prison camps. Up to 120,000

HUMAN RIGHTS IN ASIA-PACIFIC: 29 REVIEW OF 2019 Amnesty International detainees in the camps were subjected media reported that in January the world. All communications were under to torture and other ill-treatment, forced government issued new identification the total control of the Publicity and labour, and harsh conditions including cards to closely monitor people’s Information Department of the Workers’ inadequate food. Many of them had not movements. Individuals no longer Party of Korea. Apart from a select few been convicted of any internationally present at their registered domicile and in the ruling elite, the general population therefore without new identification cards recognizable criminal offence and were had no access to the internet nor to arbitrarily detained without fair trial just were treated as having left the country international mobile phone services. for exercising their rights, such as the illegally. People living near borders, the freedom to leave their own country. They demilitarized zone (DMZ) and major Possession and distribution of foreign had no access to lawyers and family. military facilities remained under close Others faced forced seclusion in remote surveillance. publications, videos and other media mountainous areas solely for being materials were serious crimes and were related to prisoners deemed a threat to During the first nine months of 2019, publishable by “reform through labour”. the state or for “guilt-by-association”. the South Korean Ministry of Unification South Korean media materials were reported the arrival of 771 North particularly targeted, and offenders were The authorities detained Australian Koreans. Two North Korea fishermen who at risk of detention in political prison student Alek Sigley for one week before arrived in November were accused of camps or of being sentenced to death. deporting him, allegedly for committing having committed murder and returned by the South Korean government to “anti-DPRK incitement”. In 2018, the The authorities continued its heavy North Korea. Many others lived in China government released three US citizens surveillance of imported mobile phones without documentation and were at risk as nuclear negotiations began. However, and employed jamming technology to six South Koreans remained in custody – of being forcibly returned to North Korea. control all external communications. three missionaries and three naturalized The authorities tightened controls at border crossing points between North Many North Koreans who lived close to the citizens originally from North Korea. Korea and China. The military had put in Chinese border accessed smuggled mobile place physical obstacles, such as barbed- phones from China that were connected wire fences, and increased monitoring of ENFORCED DISAPPEARANCES to Chinese mobile networks to remain in people in these areas. touch with their family members in South The government failed to provide Korea and other countries. accurate information regarding the fate of Foreign media reported that police in prisoners from the Korean War. They also China also stepped up their searches did not provide information about victims for people who had left North Korea without approval, checking identification RIGHT TO FOOD of abductions, including individuals from documents and inspecting mobile phones. South Korea, Japan and other countries. In May, the UN Food and Agriculture The Special Rapporteur on the situation of The fate of Hwang Won, who was not Organization reported that due to the human rights in the Democratic People’s allowed to return to South Korea, his worst harvest in 10 years, 10.1 million Republic of Korea sent four urgent people, approximately 40% of the home country, after arriving involuntarily appeals to China detailing concerns in North Korea on a hijacked plane in about the detention of 23 North Koreans population, suffered from temporary 1969, remained unknown.4 at risk of being forcibly returned. but severe food shortages. People told Amnesty International that some reforms Women and girls leaving North Korea were introduced, but there were no FREEDOM OF MOVEMENT remained at risk of trafficking for forced fundamental changes in the agricultural labour and sexual exploitation in China, production system. Only some people The authorities continued to severely including forced marriage with Chinese working for the Worker’s Party of Korea, restrict freedom of movement. It men. remained illegal to leave the country the government, the military and without prior approval. People told Pyongyang residents benefitted from the public distribution system. Vulnerable Amnesty International that even when FREEDOM OF EXPRESSION moving to another province they were groups, including the elderly, people required to pay bribes to government The authorities strictly controlled people’s with disabilities and orphans were at officials, including policemen. Foreign information exchanges with the rest of the particular risk of food insecurity.

1. “We will never stop.” The North Korean activists fighting for human rights back home, (Blog, 8 August 2019) 2. Gestures are not enough – Amnesty International Submission for the UN Universal Periodic Review 33rd Session of the UPR Working Group, May 2019 (ASA 24/9712/2019) 3. Hanoi Summit Cannot Gloss Over Human Rights Atrocities in North Korea, (Press release, 25 February 2019) 4. TV Producer held in North Korea for 50 years: Hwang Won, 29 January 2019, (ASA 25/9751/2019)

HUMAN RIGHTS IN ASIA-PACIFIC: 30 REVIEW OF 2019 Amnesty International Students play a mixed reality game supported by Korea Telecom (KT) 5G network service as a South Korean soldier stands guard at an elementary school during a press tour to the Taesungdong freedom village, in the Demilitarized zone dividing the two Koreas in Paju on September 30, 2019. Korea Telecom (KT) implemented 5G mobile network services at Taesungdong village located within the DMZ. Services range from automation on Smart Farms to VR based lectures and AR physical education classes. © Ng Yeon-Je / AFP via Getty Images

KOREA RIGHTS OF LESBIAN, GAY, BACKGROUND BISEXUAL, TRANSGENDER AND (REPUBLIC OF) INTERSEX PEOPLE (LGBTI) There were strong youth voices urging Article 92-6 of the Military Criminal The Republic of Korea action on a new human rights agenda Act criminalized sex between men, Head of state and government: Moon Jae-in including climate change. The Youth for institutionalized discrimination and Climate Action group led a climate strike reinforced systematic prejudices in the Among other important court movement calling for the government military.1 Criminalization contributed proceedings, in a historic step for to take immediate action to address the to an environment where soldiers who women’s rights, the Constitutional Court looming climate crisis. Approximately did not conform to existing gender ruled that criminalization of abortion 5,500 people participated in climate norms – including gay men, bisexual was unconstitutional. An alternative to strikes on 21 September, including one men, transgender women and non- military service was enacted after the in the centre of Seoul that included binary people – found it extremely Constitutional Court’s decision in 2018. a “Die-in”. Some 150,000 people difficult to fulfil compulsory military At the end of the year, the Constitutional gathered at the Seoul Queer Culture service free from bullying, harassment, Court was again discussing the death discrimination and violence at the hands Festival in June, the largest turnout penalty. Article 92-6 of the Military of their commanding officers and peers. since it began in 2000. The annual Criminal Act, which the UN and some At year’s end, the Constitutional Court Incheon Queer Culture Festival, which member states had recommended be was reviewing a new collective case had been marred by attacks by counter- repealed, was still in effect. Under challenging Article 92-6 – the fourth this law, LGBTI people in the military protesters in 2018, was held without review on the issue since 2002. were subjected to discrimination and incident in August. The 3rd Busan stigmatization and faced violence and Queer Culture Festival was cancelled Although the government stated that harassment due to the criminalization of due to opposition from the Haeundae-gu the guidelines on changing gender consensual sex between adult men. District government office. recognition were not legally binding,

HUMAN RIGHTS IN ASIA-PACIFIC: 31 REVIEW OF 2019 Amnesty International they included requirements that could International submitted an amicus instituted a disproportionate length of violate transgender people’s rights to curiae brief to the court arguing that service – 36 months, compared to 21 or privacy, health and to have a family. The the survivors and victims deserved 18 months for military service – and an guidelines stated that applicants must reparation and remedy for this gross administration of the service which was have received sex reassignment surgery, human rights violation. The brief further not completely separate from military have no underage children and be stated that claims of sovereign immunity authorities. unmarried in order for gender correction did not remove Japan’s need to fully to be recognized. acknowledge and accept responsibility Despite a related ruling by the Supreme for the military sexual slavery system. Court in 2018 that conscientious If an individual was unable to obtain In December, the Constitutional Court objection was a “justifiable ground” for a legal change of gender, they could declined to honour an appeal submitted failing to report for service, lower courts not have their gender changed on the by survivors, asking the court to continued to convict conscientious national identification card, which is review the constitutionality of a 2015 objectors. Three were imprisoned. Three essential to daily life in South Korea. settlement on the issue between the other objectors had appeals pending Identification cards were needed to Japanese and South Korean governments. at the Supreme Court at year’s end, obtain other official documents, access when the government pardoned 1,879 essential services, search for employment In September, the Supreme Court upheld conscientious objectors. and purchase accommodation. The a lower court ruling that found a high- discrepancy between the gender on the profile politician guilty of sexual violence. card and the appearance of the person it This ruling helped further encourage the belonged to could result in discrimination #Metoo movement, which Seo Ji-hyun, DEATH PENALTY or a reluctance to seek needed a prosecutor, kick-started in 2018 by In December, Amnesty International government services. exposing the sexual harassment she was submitted an amicus curiae brief in a new subjected to at work. Women’s rights case the Constitutional Court took up to Equality Act, a nationwide network of activists and lawyers welcomed the consider for the third time if the death 128 human rights and civil society ruling, which prioritized the testimony penalty is a violation of the rights to life organizations, and the UN High of the victim and urged judges to take and human as recognized in the Commissioner for Human Rights called into account social context and issues of Constitution. In October lawmaker Lee for comprehensive anti-discrimination gender inequality. Sang-min of the Minjoo Party submitted legislation that included a prohibition the eighth bill to the National Assembly to on discrimination based on sexual Migrant women in particular faced abolish the death penalty. Seven bills had orientation and gender identity. However, discrimination in society and in the been introduced previously over a 20-year the government did not take any action. home. Media reports covering a domestic period, but none were brought to a vote violence case involving a Vietnamese- before the full Assembly, even though the born woman and the death of a last execution was carried out in 1997. North Korean woman possibly due to WOMEN’S RIGHTS The government made no moves toward starvation, highlighted the risks migrant abolition and in 2018 abstained in the In April, the Constitutional Court ordered women faced and re-ignited debates on the government to decriminalize abortion discrimination. vote on the seventh UN General Assembly and reform the country’s highly restrictive resolution regarding a moratorium on the abortion laws by the end of 2020.2 use of the death penalty. Previously both the woman or girl and the doctor performing the abortion could be CONSCIENTIOUS OBJECTORS penalized with a fine or imprisonment. In December, the legislature enacted FREEDOM OF ASSEMBLY amendments to the Military Service Act The case filed against the Japanese as mandated by the Constitutional Court The amendment of the Assembly and government in December 2016 by 11 in its 2018 ruling which required the Demonstration Act as required by a 2018 survivors of Japan’s military sexual government to introduce an alternative Constitutional Court ruling remained slavery system before and during World service of a civilian nature by the end of pending. Based on the ruling, the War II was taken up in March by a South 2019.3 However, the enacted legislation prohibition of outdoor assemblies or Korean district court despite Japanese still violated the right to freedom of demonstrations within a 100-metre radius authorities’ claims that the issue had thought, conscience and religion or belief of the National Assembly building, the been settled in previous treaties and by imposing unreasonable and excessive official residence of the Prime Minister, and agreements. In November, Amnesty burdens on conscientious objectors. It “all levels of courts” was unconstitutional.

1. Serving in silence: LGBTI people in South Korea’s military, July 2019 (ASA 25/0529/2019) 2. Top court orders reform of abortion laws in historic victory for women’s rights, (Press release, 11 April 2019) 3. South Korea marks international conscientious objection day with alternative service plan that fall short, May 2019 (ASA 25/0352/2019)

HUMAN RIGHTS IN ASIA-PACIFIC: 32 REVIEW OF 2019 Amnesty International Demonstrators participating in an International Women’s Day march held in March 2019. © Amnesty International Malaysia

of LGBTI and Indigenous peoples. The was sentenced to one year in prison MALAYSIA government also backtracked from its following his failed appeal against a decision to join the Rome Statute of the 2014 conviction under the Sedition Act Malaysia International Criminal Court in April, a over comments he had made about the Head of state: Abdullah Ri’ayatuddin Al-Mustafa Billah Shah month after it had promised to accede sultan of Selangor state. The sentence Head of government: Mahathir Mohamad to it. was stayed pending appeal. In October, the government banned Belt and Road The Pakatan Harapan coalition Initiative for Win-Winism, a comic book government struggled to implement FREEDOM OF EXPRESSION promoting China’s foreign policy goals in Malaysia, for “[trying] to promote human rights reforms as promised in its The government tolerated a degree of communism and socialism ideologies.” 2018 election manifesto. While it took criticism, but continued to use laws steps toward creating a formal police restricting the right to freedom of complaints commission, repressive expression, such as the Sedition Act and laws limiting the rights to freedom the Communications and Multimedia FREEDOM OF PEACEFUL ASSEMBLY of expression and peaceful assembly Act, especially against those making In July, the Peaceful Assembly Act 2012 remained on the books. The government comments deemed sensitive, involving was amended to relax restrictions on accepted more recommendations race, religion or royalty. In March, a processions, marches, and other forms during a review of its human rights 22-year-old was sentenced to 10 years of peaceful demonstration, and also record at the UN Human Rights Council in prison for posting offensive comments shorten the notification period required than ever before. However, it rejected about Islam on social media. In July, for assemblies from 10 to seven days. recommendations to protect the rights Islamic preacher Wan Ji Wan Hussin Public protests were generally tolerated,

HUMAN RIGHTS IN ASIA-PACIFIC: 33 REVIEW OF 2019 Amnesty International although in March authorities questioned made by the Human Rights Commission FREEDOM OF RELIGION organisers of an International Women’s of Malaysia. The same month, the In June, the Kelantan state government Day march because of what were deemed government filed a lawsuit against the announced plans to convert all to be pro-LGBT speeches and slogans. Kelantan state government for failing to Indigenous peoples in the state, who The investigation was ultimately dropped. protect lands belonging to an Indigenous customarily practice animism, to Islam by In August, police opened investigations community. Yet despite these positive into the organisers of a protest over steps, Indigenous peoples continued to 2049. The announcement corroborated the government’s decision to allow a be marginalized. In July, police arrested the widely-held view that the government rare-earth processing plant to continue three Orang Asli protestors after they had a policy of converting all Indigenous operations. Similar action was taken attempted to prevent state forestry peoples to Islam. in October, following a pro-Hong Kong officials from removing a blockade near solidarity march in Kuala Lumpur. In a logging site in Perak. The incident In September, the High Court dismissed both cases no charges were filed. In followed a spate of deaths affecting the application by women’s rights December, police successfully obtained the Batek people in Kelantan state, group Sisters In Islam to challenge a a court order to stop a Chinese-language which the government later attributed 2014 fatwa issued by the Selangor education lobby group from holding a Islamic Religious Council against the congress to discuss its objections to the to measles. The deaths highlighted the teaching of Jawi, an Arabic script for poor quality of government-provided organisation. Civil society organisations writing the Malay language. healthcare to Indigenous communities. feared this precedent would allow Islamic These concerns and others, including authorities to undermine the rights reports that Indigenous peoples had been to freedom of religion and freedom of FREEDOM OF PEACEFUL ASSEMBLY forced to use birth control, were raised by expression. the United Nations Special Rapporteur In July, the Peaceful Assembly Act 2012 on Extreme Poverty and Human Rights Also in September, the authorities was amended to relax restrictions on following his August visit to Malaysia. processions, marches, and other forms detained dozens of Shiites who were of peaceful demonstration, and also commemorating Ashura, a Shia holy day, shorten the notification period required in raids around the country. Witnesses for assemblies from 10 to five days. POLICE AND SECURITY FORCES reported that the police ill-treated those Public protests were generally tolerated, In July, after years of calls from human detained in a raid in Johor, including although in March authorities questioned rights groups to address police abuse, threatening some detainees with a gun. organisers of an International Women’s the government tabled the Independent They were later released. Day march because of what were deemed Police Complaints and Misconduct to be pro-LGBT speeches and slogans. Commission bill, which aimed to set up a The investigation was ultimately dropped. new police monitoring body. However, the RIGHTS OF LESBIAN, GAY, In August, police opened investigations first draft of the bill, which was debated BISEXUAL, TRANSGENDER AND into the organisers of a protest over and voted on in October by Parliament, INTERSEX PEOPLE the government’s decision to allow a was heavily criticised by civil society rare-earth processing plant to continue organisations for being weak and giving Discrimination against LGBTI people operations. Similar action was taken excessive powers to the prime minister. continued both in law and in practice. in October, following a pro-Hong Kong In December, the government said that it Section 377A of the Penal Code solidarity march in Kuala Lumpur. In would table a revised version of the bill in criminalized oral and anal sex between both cases no charges were filed. In March 2020. consenting adults. In April, police December, police successfully obtained questioned LGBTI rights activist a court order to stop a Chinese-language Numan Afifi over a speech he gave education lobby group from holding a DEATH PENALTY during Malaysia’s review at the UN congress to discuss its objections to the Human Rights Council, in which he teaching of Jawi, an Arabic script for Having announced its intention to fully addressed issues of gender identity and writing the Malay language. abolish the death penalty in 2018, sexual orientation. In June, the Islamic the government reversed this decision Development Department accused the in March, stating that it would only International Conference on Gender INDIGENOUS PEOPLES’ RIGHTS repeal the mandatory death penalty for and Sexuality, which was to be held in In January, the government explicitly 11 criminal offences. In October, the Kuala Lumpur in October, of “promoting pledged to recognise and protect the government said it planned to introduce LGBTI” in Malaysia. The conference’s rights of Indigenous peoples, and the legislation in March 2020. There venue was then moved to Thailand. In consider previous recommendations were no executions since October 2018. November, the government caned and

HUMAN RIGHTS IN ASIA-PACIFIC: 34 REVIEW OF 2019 Amnesty International imprisoned five men after they were did not respond to these claims. In July, the UN Refugee Agency (UNHCR) to found guilty of “attempting intercourse Thomas Orhions Ewansiha, a 34-year- process refugees, deported at least two against the order of nature” by the old Nigerian doctoral student, died in an asylum seekers. In May, police arrested Selangor state Sharia court. Immigration Detention Centre. An inquest Praphan Pipithnamporn, a Thai political into the death was scheduled to be held activist registered with UNHCR, and in January 2020. In October, a prisoner in deported her at the request of the Thai the state of Sabah was found dead in his authorities. In August, the authorities TORTURE AND OTHER ILL- cell with blunt force trauma wounds to his TREATMENT deported Arif Komis, also registered with head and body. The police said they were UNHCR, along with his family, back investigating the case. Reports of abuse in custody continued. to Turkey, where he was said to face In May, a 30-year-old man suspected of accusations of belonging to the Gulen armed robbery claimed he was assaulted, network. Both deportations violated tasered, and had his genitals rubbed with REFUGEES AND ASYLUM-SEEKERS the international legal rule of non- chili paste by police officers to induce Malaysia, which is not a party to the refoulement. a confession from him. The government 1951 Refugee Convention but permits

1. Malaysia: Ratify core human rights treaties, repeal repressive laws, and abolish the death penalty (ASA 28/0028/2019, 14 March). 2. Malaysia: Fully recognise and protect Indigenous rights (ASA 28/9723/2019, 23 January). 3. Malaysia: Repeal of mandatory death penalty should be a first step towards full abolition (ACT 50/0040/2019, 14 March).

HUMAN RIGHTS IN ASIA-PACIFIC: 35 REVIEW OF 2019 Amnesty International The President of Maldives Ibu Solih marched with the family members of the assassinated blogger Yameen Rasheed and abducted journalist Ahmed Rilwan at a protest held in Male, the capital of Maldives, in April 2019. The protest march was held to mark two years since Rasheed was killed in his house on April 23, 2017. The family members directly appealed for justice from President Solih at the protest. © Aiman Rasheed / Transparency Maldives

MALDIVES JUSTICE SYSTEM BACKGROUND In August, the government nominated Republic of Maldives Aisha Shujune and Azmiralda Zahir to Head of state and government: Ibrahim Mohamed Solih Following its election in September serve as the country’s first women judges 2018, the new Maldives Democratic on the Supreme Court. In September, Party-led government of President parliament resisted pressure from Human rights defenders came under Ibrahim Solih vowed to introduce religious clerics, who said women could attack, with threats from hard-line wide-ranging reforms. By the end not serve as judges, to confirm their religious groups and the government of 2019, the Supreme Court’s chief nomination. In November, the two judges shutting down a prominent human justice and other judges were replaced, rights group. The Supreme Court’s chief were appointed to the Supreme Court. justice and other judges were replaced. the government had not reduced Two women became Supreme Court overcrowding in prisons or improved The changes were part of a broader judges for the first time. There was poor prison conditions, guarantee the overhaul of the Supreme Court, which some progress on investigations into right to freedom of expression, and saw the previous Chief Justice and other past attacks on journalists and activists, deliver justice in prominent and long- judges replaced amid allegations of but these failed to result in arrests or running cases of attacks on activists corruption. prosecutions. Civil service employees and journalists. The government took were granted paid parental leave. The steps to address the effects of climate Maldivian prisons continued to suffer representation of women deteriorated in change which continued to impact on from overcrowding and prisoners were parliament, with only six women elected the country, particularly in industries subject to harsh conditions, including out of a parliament of 85 members. like tourism and fishing. not being allowed out of their cells

HUMAN RIGHTS IN ASIA-PACIFIC: 36 REVIEW OF 2019 Amnesty International for exercise during the day. There was demoted and their most recently awarded WOMEN’S RIGHTS at least one incident where prison disciplinary color or medal revoked, authorities used force against a prisoner. after a video was released showing Concerns about the influence of police brutality, including an attack on religious hardliners seeking to limit In June, the government promised to a 36-year-old foreign national in the the social and cultural lives and roles improve conditions in the overcrowded capital, Malé. The other four officers are of women persisted, with the Fatwa Maafushi prison in the Kaafu Atoll facing an investigation. Council and conservative political administrative division following media parties opposing the appointment of two reports of torture and other ill-treatment women judges to the Supreme Court. of inmates. The government said it had HUMAN RIGHTS DEFENDERS The number of women representatives ordered a prison investigation into the in parliament fell from 6.5% in 2014 incidents. The parliamentary Committee Human rights defenders were targeted to 4.6% after parliamentary elections on Human Rights and Gender also and subjected to verbal attacks including held in April 2019. Only six out of 85 launched its own investigation. hate speech and death threats. In parliamentarians were women and few August, the Observatory for the Protection women held senior roles in the public There was some limited progress by of Human Rights Defenders, an NGO, sector. In March, the government pledged the government appointed Commission said it had information about at least to grant six months’ maternity leave pay on Deaths and Disappearances into 15 human rights defenders and activists and one month’s paternity leave pay prominent cases of attacks on journalists - including journalists, lawyers, and for civil service employees. In March, it committed to allocate 20% of funds from and activists. The government failed, NGO workers – who had been repeatedly the “Small and Medium Enterprise Loan” however, to arrest anyone for the 2014 harassed and subjected to online threats to women as well as to youth and people disappearance of journalist Ahmed since November 2018. In November, the with disabilities. Rilwan in 2014. The trial of six men Maldivian Democracy Network was shut accused of the 2017 murder of blogger down by authorities, under pressure from Yameen Rasheed was subject to constant religious hardliners and an opposition delays. party, for a 2015 report published by

the human rights group. The authorities alleged that the report insulted Prophet POLICE AND SECURITY FORCES Muhammed but their decision to shut Seven officers out of the 11 of the down a widely-respected NGO shows that Drug Enforcement Department were old patterns of state repression had not transferred to other departments, gone away.

HUMAN RIGHTS IN ASIA-PACIFIC: 37 REVIEW OF 2019 Amnesty International House of Mongolian parliament in Ulaanbaatar city which is commonly known as Government House, October 2019. © Amnesty International

ACCESS TO JUSTICE Battulga continued to seek to reinstate MONGOLIA the death penalty. In 2018 he drafted In March parliament enacted amendments to the Criminal Code, Mongolia amendments to the Laws on Legal Status proposing to reinstate the death penalty Head of state: Khaltmaagiin Battulga of Judges, Public Prosecutor’s Office and for crimes involving sexual violence Head of government: Ukhnaagiin Khurelsukh Anti-corruption. The amendments allow against children.2 the National Security Council, formed by the President, the Prime Minister, and Authorities failed to protect traditional the Speaker of parliament to recommend herders from mining companies’ TORTURE AND OTHER ILL- the removal of chief judges, and the TREATMENT operations that negatively affected heads of the public prosecutor’s office their livelihoods, traditional culture and and the anti-corruption agency.1 In The new Criminal Code included for access to land and clean water. Basic May the UN Special Rapporteur on the the first time a definition of torture that infrastructure and the provision of public situation of human rights defenders broadly reflects the UN Convention services continued to be sorely lacking in criticized the amendments because they against Torture and Other Cruel, Inhuman informal settlements of internal migrants, could endanger the independence of the or Degrading Treatment or Punishment (CAT). However, Mongolia failed to in contravention of domestic law. In judiciary. establish an independent and effective March the Minister of Justice and Home mechanism to investigate allegations Affairs publicly apologized and admitted DEATH PENALTY of torture and other ill-treatment as that torture had been used to extract a provided for in the Optional Protocol to confession, in an emblematic case of The new Criminal Code in force since CAT, binding on Mongolia since 2015. the shortcomings of the criminal justice 2017 abolished the death penalty for all Impunity for and under-reporting of torture system. crimes. However, President Khaltmaagiin of individuals in detention continued.

HUMAN RIGHTS IN ASIA-PACIFIC: 38 REVIEW OF 2019 Amnesty International In March the Minister of Justice and The procedures that accompanied the their livelihoods, traditional culture Home Affairs publicly apologized 2015 Urban Redevelopment Law are and access to land and clean water. and admitted that torture had been not sufficient to guarantee the rights of The influx of mining companies and used to extract a confession from B. everyone affected by redevelopment. In trucks in the Dalanjargalan subdivision Sodnomdarjaa and T. Chimgee, who had April, 12 people in a building designated of Dornogovi province caused heavy been sentenced to 25 and 24 years in for redevelopment became homeless dust which severely degraded pastures prison respectively for the murder of S. when the private developer forcibly and threatened the health and safety of evicted them. Zorig, a former Democratic Party MP. people and livestock. During the year, The new draft law on the National Amnesty International received reports of Laws and policies on redress lack clarity Human Rights Commission of Mongolia, water and pasture contamination when and specificity on options for individuals still pending as of December 2019, mining companies disposed of toxic negatively impacted by redevelopment to mandated it to establish a mechanism to waste in Airag soum, Dornogovi province. raise complaints and seek settlement of prevent torture. However, provisions on disputes. The Administrative Offence Act the mechanism and the selection process in force since 2017, allows for increased for members were vague and overly administrative fines for defamation of HUMAN RIGHTS DEFENDERS broad. individuals or business entities, and Human rights defenders reported was used by private developers against cases of discrimination, intimidation,

residents in affected communities who harassment, stigmatization and physical HOUSING RIGHTS exchanged and publicized information on attacks against them at the hands of social media concerning redevelopment In 2017 the Ulaanbaatar City government private actors and in some cases by law projects. The government failed to ensure banned migration to the city from rural enforcement and other public officials. people’s right to genuine consultation. areas until 2018 and then extended the They also noted the Administrative ban until 2020 to reduce the air and soil Offence Act was used to restrict the pollution, including heavy smog in winter. OTHER ECONOMIC, SOCIAL, AND work of journalists and human rights As a result, internal migrants settled in defenders. A newly proposed draft of ger areas, areas of houses and traditional CULTURAL RIGHTS the Non-Profit Organization Law would round felt dwellings that lack roads, Authorities failed to protect traditional further curtail organizations’ work by access to water, sanitation and heating, herders from mining companies’ tightening control of registration and in contravention of domestic law. operations that negatively affected foreign funding.

1. Public statement of Amnesty International Mongolia (in Mongolian only) (Public statement, 27 March 2019) 2. Submission for the UN Universal Periodic Review 36th Session of the UPR Working Group, May 2020 (ASA 30/ 1297/ 2019)

HUMAN RIGHTS IN ASIA-PACIFIC: 39 REVIEW OF 2019 Amnesty International Rohingya refugees in Cox’s Bazar, Bangladesh, watch Myanmar political leader Aung San Suu Kyi appear at a hearing in the Royingya genocide case, on 12 December 2019. © Allison Joyce / Getty Images

peaceful activists. Impunity persisted for INTERNAL ARMED CONFLICT MYANMAR perpetrators of human rights violations From January there was a major and crimes under international law. Republic of the Union of Myanmar escalation in fighting in Rakhine State Head of state and government: Win Myint between the Myanmar military and the Arakan Army, an ethnic Rakhine armed group. The military committed serious The military committed serious human BACKGROUND violations against civilians, including rights violations, including war crimes, unlawful attacks, arbitrary arrests, in Kachin, Rakhine, and Shan States. The military retained significant torture and other ill-treatment, enforced The government made no progress in economic and political power. In disappearances, extrajudicial executions, creating conditions conducive to the February, the National League for and forced labour. Many of them 1 safe, dignified, and voluntary return of Democracy (NLD)-led government constituted war crimes. The Arakan the 740,000 Rohingya women, men, announced a new committee tasked Army was also responsible for abuses, including arbitrary deprivation of liberty, and children who fled to Bangladesh with drafting amendments to the 2008 and threats and intimidation of civilians. beginning in August 2017. Rohingya Constitution; however, there was no In June, the authorities shut down who remained in Rakhine State lived progress by the end of the year. The the internet in nine conflict-affected under a system amounting to apartheid. floundering nationwide peace process regions in Rakhine and Chin States, Restrictions on the rights to freedom of remained at a standstill. On 27 raising serious concern for the safety of expression, association, and peaceful September Myanmar ratified the Optional civilians.2 Although the shutdown was assembly continued. Authorities Protocol to the Convention on the Rights partially lifted in some areas in late continued to arbitrarily arrest and detain of the Child on the Involvement of August, others remained offline by the human rights defenders and other Children in Armed Conflict. end of the year.

HUMAN RIGHTS IN ASIA-PACIFIC: 40 REVIEW OF 2019 Amnesty International Civilians also bore the brunt of ongoing Rakhine State, fighting between the had been sentenced to seven years in conflict in northern Shan State.3 The military and the Arakan Army forced prison for reporting on atrocities against military was responsible for war crimes more than 30,000 people to flee their Rohingya in Rakhine State. Despite and other serious violations, including homes. In northern Shan State, fighting these releases, journalists continued to arbitrary arrests, incommunicado displaced several thousand people. face arbitrary arrest, prosecution and detention on military bases, torture and Many were displaced multiple times, harassment in connection with their other ill-treatment, and unlawful attacks. often for short periods, affecting their work. Ethnic armed groups committed serious access to livelihoods and their short and abuses against civilians, including long-term food security. Older people abductions, torture and other ill- were specifically impacted by conflict IMPUNITY treatment, forced labour, and extortion. and displacement, in particular with Impunity persisted for serious human In August fighting increased sharply after regard to their rights to healthcare and rights violations and abuses, including three armed groups attacked military to livelihoods.5 The authorities – both crimes under international law. The installations and other locations. The civilian and military – continued to government refused to cooperate with escalation led to new displacement of impose restrictions on humanitarian international investigative mechanisms. civilians and serious violations by all access throughout the country. sides.4 Although there was no significant The Independent Commission of fighting in Kachin State, civilians were Enquiry, established by the government subjected to arbitrary arrests and torture to probe abuses in Rakhine State from FREEDOM OF EXPRESSION, August 2017, lacked competence, and other-ill-treatment at the hands of ASSOCIATION, AND PEACEFUL the military. independence, and impartiality. ASSEMBLY The commission’s final report, due in late August, was postponed until Authorities continued to arrest and January 2020. In February the THE SITUATION OF THE ROHINGYA imprison people for peacefully exercising military announced the creation of their human rights, including political Crimes against humanity continued an “Investigative Court” to examine activists, media workers and human against the estimated 600,000 Rohingya allegations of violations and abuses rights defenders. The military targeted still living in Rakhine State. Their rights in Rakhine State. The court, which political activists and critics in criminal to equality, a nationality, freedom of would involve members of the military cases. In August filmmaker Min Htin movement, and access to adequate investigating military violations, was Ko Ko Gyi was sentenced to one year in healthcare, education, and work clearly not independent nor impartial. prison. He had been arrested in April opportunities were routinely violated. Investigations into ongoing violations and and charged for criticizing the military’s Seven years after they were forced from abuses in other parts of the country were role in politics on social media. In their homes, some 128,000 people – rare, and suspected perpetrators were April and May, seven young people mostly Rohingya – remained confined to seldom held to account. were arrested and charged for satirical squalid detention camps within Rakhine performances criticizing the military. Six State, reliant on humanitarian assistance Despite the lack of justice in Myanmar, were subsequently sentenced to between for their survival. the UN Security Council failed to refer one and a half and two and a half years the situation to the International Criminal in prison. All seven were facing further The government failed to take meaningful Court (ICC). charges by the end of the year.7 action to create conditions conducive for the return of the hundreds of thousands The authorities used broad and vaguely of Rohingya who fled Myanmar from INTERNATIONAL SCRUTINY 2017 and during previous waves of worded laws to stifle dissent and restrict violence. Despite government claims, the rights to freedom of expression, Myanmar denied access to the UN there was no progress in implementing association and peaceful assembly. Special Rapporteur on the situation of the recommendations of the Advisory They included Section 66(d) the for a second Commission on Rakhine State. The Telecommunications Act, the Privacy year. In September the UN Fact-Finding authorities severely restricted access for Law, the Peaceful Assembly and Peaceful Mission (FFM) on Myanmar presented humanitarian workers and independent Procession Law, and Penal Code its final report on serious and ongoing journalists. provisions. Despite its overwhelming violations. The government rejected the parliamentary majority, the NLD-led report – and other FFM reports published administration failed to review or amend during the year – asserting that they were DISPLACEMENT AND laws that restricted these rights. unfounded and without evidence. HUMANITARIAN ACCESS In May, Reuters journalists Wa Lone In May, the UN published the findings Tens of thousands of civilians were and Kyaw Soe Oo were released as part of an internal review of its operations displaced as a result of conflict. In of a mass prisoner amnesty.8 The pair in Myanmar since 2011, concluding

HUMAN RIGHTS IN ASIA-PACIFIC: 41 REVIEW OF 2019 Amnesty International that there were “systemic failures” of Bangladesh. In July and December prosecutions, became operational within the UN system. The report made the US government imposed sanctions in September. In November, the several recommendations for improved against Senior General Min Aung Hlaing, Gambian government filed a lawsuit communication and cooperation; commander-in chief of the Myanmar against Myanmar for genocide at the however, there was no public reporting on military, and three other military officials, International Court of Justice (ICJ). At implementation. in connection with their role in atrocities a court hearing on provisional measures against the Rohingya. in December, a delegation led by Aung In November, the ICC officially opened San Suu Kyi rejected accusations that an investigation into the forcible The Independent Investigative the country had breached its obligations deportation of Rohingya from Myanmar Mechanism for Myanmar, mandated to under the Genocide Convention. and other related crimes, where one or collect and preserve evidence of serious more elements occurred in the territory crimes and prepare files for criminal

1. “No one can protect us”: War crimes and other abuses in Myanmar’s Rakhine State (ASA 16/0417/2019 29 May). 2. Myanmar: End internet shut down in Rakhine, Chin States (ASA 16/0604/2019, 25 June). 3. “Caught in the middle”: Abuses against civilians amid conflict in Myanmar’s northern Shan State (ASA 16/1142/2019, 24 October). 4. Myanmar: Civilians at risk in northern Shan State fighting (ASA 16/0975/2019, 3 September). 5. “Fleeing my whole life”: Older people’s experience of conflict and displacement in Myanmar (ASA 16/0446/2019, 18 June). 6. Filmmaker sentenced to one year in prison for Facebook post (news story, 29 August). 7. Satire performers who mocked military face prison in “appalling” conviction (news story, 30 October). 8. Genuine press freedom must follow release of Reuters journalists (news story, 7 May). 9. Joint open letter to the UN Secretary General on the inquiry into UN operations in Myanmar (ASA16/1003/2019, 5 September).

HUMAN RIGHTS IN ASIA-PACIFIC: 42 REVIEW OF 2019 Amnesty International Campaign event organized by Amnesty International Nepal Kathmandu University Youth Network on the occasion of World Press Freedom Day on 3 May 2019. © Anup Subedi/Kathmandu University Youth Network via Amnesty International Nepal

One protestor was killed as a result April, Arjun Giri, a Pokhara-based NEPAL of excessive use of force by security journalist, was charged under the Act forces. There were several allegations for reporting on a financial fraud case. Federal Democratic Republic of Nepal of extrajudicial executions. The use In June, comedian Pranesh Gautam was Head of state: Bidhya Devi Bhandari of torture and other ill-treatment was arrested for posting a satirical film review Head of government: Khadga Prasad Sharma Oli widespread. Dozens of families were on Youtube. In October, singers Durgesh forcibly evicted from their homes. Thapa and Samir Ghising were arbitrarily Legislation was used to limit freedom Migrant workers were subjected to arrested by police, solely for the content of expression and enable security forces abusive and illegal recruitment practices. of their songs. During the year, several to carry out arbitrary arrests while a Sexual violence including rape and other draft laws which included provisions that series of draft laws were proposed which gender-based violence continued with threatened to severely restrict freedom would introduce even more restrictions impunity. Discrimination based on gender of expression were pending before to this right. Onerous registration continued in both law and practice. Parliament. They included the Media requirements were imposed on civil Council Bill, the Mass Communication society organizations, and their work was Bill and the Information Technology Bill. subjected to unnecessary monitoring FREEDOM OF EXPRESSION by government bodies. Efforts toward Laws like the Electronic Transactions securing justice and reparations for Act 2006 were used to arbitrarily arrest HUMAN RIGHTS DEFENDERS thousands of victims of human rights journalists for publishing stories which In April, the government proposed violations committed during the conflict criticized the government, or individuals amendments to the National Human which ended in 2006 were inadequate. who posted their opinions online. In Rights Commission Act, 2012, which

HUMAN RIGHTS IN ASIA-PACIFIC: 43 REVIEW OF 2019 Amnesty International would undermine the independence and towards fighting against homelessness, it WORKERS’ RIGHTS – MIGRANT autonomy of the National Human Rights was insufficient to adequately guarantee WORKERS Institution and limit its jurisdiction. the right to housing. As it is based on Proposals included provisions which The government failed to protect migrant the ownership driven approach, the Act would allow the Attorney General’s workers from abusive recruitment fails to guarantee protection from forced discretion to bypass the Commission’s practices. The four-year-old “Free eviction for those living in informal recommendations for prosecutions in Visa, Free Ticket” policy, which was cases concerned with human rights settlements. Definitions of key terms, intended to curtail exorbitant recruitment violations. The government failed to such as homelessness and security of charges by agencies, remained largely appoint commissioners to various tenure are absent. Local authorities also unenforced. The lack of enforcement commissions in time. increasingly carried out evictions without adversely affected migrant workers’ due process or provision of alternative ability to claim compensation for The cabinet also proposed legislation accommodation. The Butwal Sub- overpayment of their recruitment fees. that, if enacted, would further restrict Metropolis and Nagarkot municipalities the work of civil society organizations, Some recruiters were responsible for including by imposing additional barriers in the Rupandhi and Bhaktapur districts serious abuses against migrant workers, to registration or renewing registration, respectively forcibly evicted dozens of including trafficking and forced labour, subjecting them to unnecessary scrutiny families from land they had inhabited which were rarely referred for prosecution and monitoring of their work. for several years, rendering many of the under trafficking laws and the Foreign families homeless. Employment Act. INTERNATIONAL JUSTICE The government failed to deliver truth, RIGHT TO FOOD TORTURE AND OTHER ILL- justice and reparation for thousands of In an important step towards realizing its TREATMENT victims of crimes under international goal of “zero hunger” by 2025, the Nepal law and other serious violation of There were frequent reports of torture government enacted the Right to Food international human rights law committed and other ill-treatment in pre-trial and Food Sovereignty Act in September during the decade-long armed conflict, detention to obtain “confessions” or 2018.The Act, however, fails to prohibit 13 years after the state committed to other evidence. There were no credible public authorities from interfering with do so as part of the Comprehensive investigations into deaths in custody people’s efforts to feed themselves since Peace Agreement. The Truth and suspected to have resulted from torture. Reconciliation Commission (TRC) and the it did not prohibit the forced eviction of Although the Criminal Code criminalized Commission of Investigation on Enforced communities from their lands, which cut torture and other ill-treatment, penalties Disappeared Persons (CIEDP) which them off from food supplies obtained did not reflect the gravity of the crime. had respectively collected over 60,000 through fishing or foraging in local and 3,000 complaints of human rights forests. The law also failed to impose a violations and abuses committed by requirement to investigate starvation- EXTRAJUDICIAL EXECUTIONS state security forces and Maoists during related deaths. There were several allegations of the armed conflict failed to appoint extrajudicial executions. Police officers new commissioners when incumbent reportedly shot dead Tirtha Raj Ghimire commissioners’ terms expired in April. EXCESSIVE USE OF FORCE in the Bhojpur district and Kumar The government did not amend the Security forces continued to use Poudel in the Sarlahi district, in May and Investigation of the Commission on unnecessary or excessive force to June respectively. Witnesses said both Investigation of Disappeared Persons, disperse peaceful protests. In June, men were killed as they were arrested. Truth and Reconciliation Act 2014 as police officers used excessive force The authorities did not announce an ordered by the Supreme Court in 2014 and beat protesters in the capital, investigation into the killings. and 2015. Kathmandu, as they demonstrated The authorities did not undertake against the proposed “Guthi” bill. Also credible investigations into dozens of in June, Saroj Naryan Mahato was extrajudicial executions carried out by RIGHT TO HOUSING killed at a protest in the Sarlahi district. security forces of the members of the Thousands of survivors from the 2015 Witnesses said he was shot dead by Madheshi community in Terai in the earthquake were still living in temporary police officers. Three other protestors south and elsewhere since the first shelters awaiting housing grants in order were seriously injured. Allegations of Madhesh uprising in 2007. The report of to be able to rebuild their homes. excessive use of force and deaths that the Inquiry Commission known as the Lal occurred during demonstrations were not Commission established to investigate While the enactment of the 2018 Right investigated by the authorities by the end the killings has not been disclosed by the to Housing law is an important step of the year. government.

HUMAN RIGHTS IN ASIA-PACIFIC: 44 REVIEW OF 2019 Amnesty International WOMEN’S RIGHTS menstruating women and girls to huts), of Parbati Budha Raut, the first arrest it continued to be widespread, especially since the practice was outlawed through Gender-based discrimination continued in the mid-western and far-western criminal code in 2017. and the government did not address regions. Numerous women and girls died constitutional flaws which denied women or were subjected to sexual violence equal citizenship rights. The provisions while in Chhaupadi huts. In January, a DISCRIMINATION – CASTE SYSTEM for statutory limitations relating to woman and her two children died from Despite provisions in law and policy to rape in the Criminal Code continued to suffocation when a fire broke out as they address discrimination based on caste, allow impunity for perpetrators. Reports slept. In February, a woman died due to Dalits continued to face discrimination, of rape, particularly against children, suffocation in her hut in Doti district. the stigma of “untouchability”, increased. In December, another woman suffered ostracization and violence. Dalit the same fate in Achham district. In women were especially vulnerable to Despite legislation criminalizing December, the authorities arrested a discrimination and violence based on Chhaupadi (the practice of banishing family member in relation to the death both gender and caste.

HUMAN RIGHTS IN ASIA-PACIFIC: 45 REVIEW OF 2019 Amnesty International People embrace at the Kilbirnie Mosque in Wellington, New Zealand, on 17 March 2019, in the wake of the shooting attack on two mosques in Christchurch. © Elias Rodriguez / Getty Images

countries and sought refuge in New three working days. The control orders NEW ZEALAND Zealand, and more than 50 others were regime enabled the High Court to restrict injured, some seriously. The attacker live- an individual’s human rights on a lower New Zealand streamed the first shooting on Facebook burden of proof, in a high degree of Head of state: Elizabeth II, represented by Patricia Lee Reddy Live. A man was charged with offences intrusion normally only imposed following Head of government: Jacinda Ardern related to the attack. The government a criminal conviction. announced a Royal Commission of A terror attack against two mosques on Inquiry into the performance of state 15 March killed 51 people, the deadliest agencies in the lead-up to the events, INDIGENOUS PEOPLES’ RIGHTS mass shooting in modern New Zealand including whether security agencies Indigenous Māori comprised around history. New Zealand continued to failed to anticipate the attack, and 16% of the population but made up struggle to address problems relating passed legislation further regulating the 38% of people prosecuted by police, to its detention facilities, the rights of use of firearms. 42% of adults convicted, and 57% of Indigenous peoples, children’s rights and adults sentenced to prison. In June, an gender-based violence. In June, the National Human Rights Commission renewed its calls for interim report of an independent review improved data collection of hate- of the criminal justice system concluded that the number of Māori in the system COUNTER-TERROR AND SECURITY motivated crimes. There was an absence of systematically collected data on was at “crisis” levels and noted the On 15 March, a lone gunman attacked racially and religiously motivated crime in detrimental impact of colonisation and the Al-Noor Mosque and the Linwood New Zealand. racism affecting Māori at every point in Islamic Centre in Christchurch while the criminal justice system. Muslim worshippers were at prayer. In November, the government introduced In August, the Waitangi Tribunal, a Fifty-one people were killed, including a Terrorism Suppression (control orders) permanent commission of inquiry, found people who had fled persecution in other Bill with a public consultation period of that the law preventing all sentenced

HUMAN RIGHTS IN ASIA-PACIFIC: 46 REVIEW OF 2019 Amnesty International prisoners from voting was inconsistent being held in police custody for several and reviewed as an additional protection with the Treaty of Waitangi, and nights. There were a number of reports of pathway for refugees. A group of 21 UN- exacerbated a pre-existing and already children engaging in self-harm while in recognized refugees were supported by disproportionate removal of Māori from such custody. approved community organisations under the electoral roll. It called for an urgent the scheme. The government did not change in the law to prevent further Legislative reforms to the child protection make any decision regarding the future disenfranchisement in the 2020 general system and to the measurement of of the programme, or its policy, which election. This followed a decision by the child poverty came into force, which included language, skills, health and Supreme Court in November 2018 that included explicit references to the rights age eligibility restrictions for sponsored confirmed a lower court ruling declaring of children under the Convention on the refugees. the legislation a breach of New Zealand’s Rights of the Child and the Convention human rights obligations. on the Rights of People with Disabilities. As of March, there were eight asylum However, the number of children in New seekers held in a correctional facility Zealand who experienced poverty and alongside criminal remand prisoners. DETENTION material deprivation remained high, with Under law, asylum seekers could be an estimated 13% living in households detained if if they were considered to Inspections carried out in prisons under that experienced material hardship and pose a risk to national security or if there the Optional Protocol to the Convention 6% in severe hardship. The numbers were doubts as to their identities or risks Against Torture and Other Cruel, of children in state care also reached a of them absconding. Lawyers and support Inhuman or Degrading Treatment or record high. agencies remained concerned about their Punishment (Convention against Torture) safety, well-being, and length of time in found several instances of degrading Monitoring visits to secure child detention. treatment or punishment that amounted protection facilities by the independent to breaches of the Convention. These Commissioner for Children recorded included prisoners being held in cells problems raised by children, including without adequate access to toilets and alleged injuries from the use of restraints VIOLENCE AGAINST WOMEN AND water, and surveillance of prisoners by staff. Concerns were raised about GIRLS washing and bathing in various stages of processes, fairness and effectiveness Twenty-one percent of adult women undress. in the use of grievance procedures, reported experiencing one or more restraints and behaviour management incidents of intimate partner violence, systems. and 34% reported experiencing one or CHILDREN’S RIGHTS more incidents of sexual violence in In July, New Zealand raised the age to 18 their lifetime. In May, the government for individuals tried in the adult criminal REFUGEES AND ASYLUM SEEKERS announced a cross-agency funding justice system in order to include In October a government policy was package dedicated to preventing and 17-year-olds in its alternative youth eliminated that had prevented refugees reducing family and sexual violence, justice system. However, the country from the Middle East and Africa from which included expanding specialist retained its reservation to the Convention being resettled under the resettlement sexual violence services, funding for on the Rights of the Child regarding quota unless they had family in New advertising campaigns and intervention mixing juveniles with adults in places of Zealand. programmes to reduce violence occurring, detention. According to domestic law, and reforming the criminal justice system people under the age of 18 could be held A community sponsorship refugee to better respond to victims of sexual on remand in police cells, with some resettlement programme was piloted violence.

HUMAN RIGHTS IN ASIA-PACIFIC: 47 REVIEW OF 2019 Amnesty International Women takes to the streets in Lahore during Aurat March on March 8, 2019. © Ema Anis for Amnesty International

state actors. The fight for climate say are politically-motivated charges, PAKISTAN justice took to the streets, with popular raising fair trial concerns. mobilizations in major cities calling on Islamic Republic of Pakistan the government to show leadership both Climate change and its impact on Head of state: Arif Alvi at home and abroad for one of the world’s Pakistan featured more prominently in Head of government: Imran Khan most climate-vulnerable countries. Air public discourse. In May, an estimated 1,500 farmers walked 140 km from pollution reached hazardous levels in the Indus Delta region to Thatta, Sindh, major cities, posing risks to people’s The authorities intensified their demanding that the government declare rights to health, life and, in the case of crackdown on the right to freedom of a water shortage emergency and take expression. Enforced disappearances children, education. steps to address land erosion. Pakistan’s remained pervasive, with no one held agricultural economy continues to be accountable for them. The government vulnerable to climate change. This failed to uphold its commitments to vulnerability has direct impact on the legislate against torture and enforced rights to water and food of millions BACKGROUND around the country. disappearances. Violence against The military tightened its control over women and girls remained widespread. the economy, foreign policy and national There were large scale peaceful Parliament blocked attempts to restrict security, shrinking space for civil demonstrations throughout the year in child marriage. Religious minorities society to promote and defend human support of the rights of women, students, continued to be prosecuted under rights. Several members of the political Kashmiris, and against enforced blasphemy laws and attacked by non- opposition were imprisoned on what they disappearances.

HUMAN RIGHTS IN ASIA-PACIFIC: 48 REVIEW OF 2019 Amnesty International ENFORCED DISAPPEARANCES In February, the Federal Investigative 13 people, were killed, including three Agency (FIA) launched an investigation PTM supporters, when the procession The victims of enforced disappearances into journalists and members of political was fired upon. The authorities severed included political activists, students, parties after they changed their social phone and internet lines for days in journalists, human rights defenders and media profile images to that of the the area after the incident. They were Shi’a Muslims, particularly in Sindh murdered Saudi Arabian journalist, Jamal released on bail in September. and Balochistan provinces. In January, Khashoggi, as a protest against Saudi Ahmad Mustafa Kanju, an activist from Arabia’s Crown Prince Mohammed bin Gulalai Ismail, a woman human rights Rahim Yar Khan in Punjab province Salman’s official visit to the country. defender who campaigned against was disappeared from his home. In violence against women and enforced March, two journalists from Karachi In April, the FIA charged journalist disappearances, was charged with were disappeared for a month. In Shahzeb Jillani with “cyberterrorism” sedition, terrorism and defamation in October, engineering graduate Suleman and hate speech for allegedly defamatory May. In August, she fled to the USA. Farooq Chaudhry disappeared from comments on social media. In May, a Her family continued facing intimidation by the law enforcement authorities. A near . In November, human Karachi court quashed the charges citing police case on terrorism charges was rights defender and former Amnesty lack of evidence. International consultant Idris Khattak filed against Gulalai and her parents, Muhammad and Uzlifat Ismail in was disappeared near in Khyber Also in April, Shafique Ahmed, a lawyer July. In October, a hate speech and Pakhthunkhwa province. In December, from Okara, faced charges under PECA cyber terrorism case was filed against lawyer Shafiq Ahmed was disappeared for and for defamation for “spreading Muhammad Ismail under PECA and he 17 days, during which he was tortured. false and abusive information” and for was arrested. There were also hundreds of disappeared uploading “defamatory posts against people released throughout the year. Agencies of Pakistan”. In November, a police case of sedition Two of those released were subsequently was registered against 17 students of charged and prosecuted for possessing The authorities intensified a crackdown the Sindhi ethnic minority for protesting weapons. on the Pashtun Tahaffuz Movement peacefully against water shortage in (PTM), which campaigns against human Jamshoro, Sindh. The risk of enforced disappearance was rights abuses – arresting and arbitrarily heightened in detaining dozens of its supporters, province with the promulgation of the subjecting them to surveillance, VIOLENCE AGAINST WOMEN, GIRLS Khyber Pakhtunkhwa Actions (in Aid intimidation, prosecution and threats of of Civil Power) Ordinance, 2019. The violence. AND TRANSGENDER INDIVIDUALS ordinance gives security agencies a range Violence against women and girls of abusive powers, including the power to In January, PTM activist Alamzaib Khan continued including abduction, physical detain people without trial or charge on was detained by the police at gunpoint assault, rape and murder. In June, vaguely defined grounds. The detainees in Karachi and charged with “rioting” the Supreme Court’s Chief Justice are to be kept at internment centres and “inciting hatred” for his peaceful announced the establishment of 1,016 in the province, where other victims of participation in a demonstration. In courts to hear domestic violence cases. disappearances have also been kept. September, he was released after the The ordinance is being challenged in the Supreme Court granted him bail. In In June, a 19-year-old transwoman Supreme Court of Pakistan. February, Arman Luni, a PTM activist Maya was shot dead by her father in from Balochistan, died after being Naushehra, Khyber Pakhtunkhwa. At beaten by police officers following his least four other transwomen were killed FREEDOMS OF EXPRESSION, participation in a peaceful protest in the in 2019. Two transwomen were also shot ASSEMBLY AND ASSOCIATION Lorelai district. and seriously injured in June in Khyber Pakhtunkhwa. Political activists and journalists were Gohar Wazir, a journalist for the Khyber targeted and charged under draconian News TV station, was arrested in May in In September, a court denied Qandeel laws, including the Prevention of the city of Bannu in Khyber Pakhtunkhwa Baloch’s parents permission to forgive Electronic Crimes Act (PECA), the Anti- Province for interviewing , a their son for her murder under a 2016 Terrorism Act, and sections of the penal parliamentarian and PTM supporter. law, which prevents perpetrators from code on sedition and defamation. The In the same month, Mohsin Dawar and being granted a pardon for crimes government curtailed media freedoms , another parliamentarian and committed in exchange for “blood and media workers reported that they PTM supporter, were detained after they money”. Qandeel Baloch was killed in were experiencing a growing culture of led a procession to the Khar Kamar area 2016 by her brother, who said she had censorship, coercion and harassment by of North Waziristan, a district of the brought “dishonour” on their family. Her the authorities. Khyber Pakhtunkhwa Province. At least brother has been sentenced to death.

HUMAN RIGHTS IN ASIA-PACIFIC: 49 REVIEW OF 2019 Amnesty International CHILDREN’S RIGHTS was charged with blasphemy after a respiratory illnesses. The government mob, riled up by a religious leader, announced it would take special Reports of sexual abuse and violence vandalized a local Hindu temple and measures to address the crisis, including against children were widespread. In attacked properties owned by the Hindu improving fuel quality and transitioning July, the Human Rights Ministry began community. to electric vehicles. a country-wide awareness campaign for “prevention of child sexual abuse”. In May, Asia Bibi, a Christian woman who spent eight years on death row on a false In October, Sohail Ayaz a convicted charge of blasphemy, was finally allowed WORKERS’ RIGHTS sexual predator from the UK was to leave the country with her family. Adequate protection of workers, passage arrested in for sexual abuse In January, the Supreme Court upheld of legislation and implementation across of 30 minors. Ayaz had been working the decision to acquit her, sparking provinces remained a concern by labour as a consultant with the provincial demonstrations by armed groups. In activist and unions in various sectors, government of Khyber Pakhtunkhwa for December, Junaid Hafeez, a professor including the informal labour sector. three years since his return to Pakistan. accused of blasphemy, was sentenced to death by a court in Multan. He has been According to the Coal Miners Association, In May, Parliament’s lower house blocked imprisoned since 2013, spending much dozens of coal miners were killed in work a bill to raise the minimum age at which of that time in solitary confinement. accidents because of a lack of sufficient girls can marry to 18 years in line with protective equipment, dated work the minimum marriage age for men. Non-state actors continued to attack The provincial government of the Punjab individuals belonging to religious techniques and mine collapse incidents. province passed a domestic workers minority groups. In April, a suicide The Human Rights Commission of protection act in January prohibiting bombing claimed by the armed group Pakistan’s fact-finding report in August employment of minors under 15 in calling itself the Islamic State targeted 2019, found that miners faced a range of households. However, children continued the Shi’a Hazara community in Quetta, issues, including obstacles to unionizing, to be hired as domestic labour across Balochistan, killing at least 20 people. life-threatening diseases and hazardous Pakistan. Women and girls from Christian, Hindu working conditions. and Sikh communities faced a series of abuses, including forced conversions, Bonded labour continued across the FREEDOM OF RELIGION OR BELIEF particularly in Sindh province. country in agricultural sectors and brick- The blasphemy laws continued to be kilns despite legislation banning the used to persecute individuals and enable cruel practice since 1992. human rights abuses in Pakistan. Armed RIGHT TO HEALTH groups carried out attacks on religious In November and December, air pollution Domestic work, part of the informal communities, and sectarian organizations levels became hazardous in major labour sector was brought under the incited hatred against religious minority Pakistani cities, particularly Lahore. ambit of law in the Punjab province groups with impunity. In September, Schools were forced to close for at least through the Domestic Workers Act in Nautan Lal, a school principal in Ghotki three days. There was a sharp rise in January.

HUMAN RIGHTS IN ASIA-PACIFIC: 50 REVIEW OF 2019 Amnesty International Bougainville residents gather at a polling station in an historical independence vote on 23 November 2019. © Ness Kerton / AFP (via Getty Images)

were moved to other sites, primarily in operations in Manus and ending PAPUA NEW the capital, Port Moresby. asylum-seeker processing by Australia. Almost 50 men who were determined GUINEA to not qualify as refugees were held in very poor conditions in the Australian- Independent State of Papua New Guinea funded Bomana immigration centre, Head of state: Elizabeth II (represented by Robert Dadae) Head of government: James Marape (replaced Peter O’Neill BACKGROUND where they were denied access to the in May) A non-binding referendum in the mineral- outside world, and adequate food and rich Autonomous Region of Bougainville medication, raising serious concerns 1 took place in November, with voters for their health and safety. The PNG Inter-communal and election-related overwhelmingly backing independence. government stated that they would not violence increased in several provinces, Local level government elections were be released unless they agreed to return while violence by security forces held in July, but were marred by violence to their home countries, amidst concerns remained endemic. A lack of resources, in several provinces. about the possibility of deportation, partly because of official corruption and which could amount to refoulement fiscal mismanagement, hampered service given the unfair asylum process. Others delivery, including for children and were living in hotels, some of whom victims of gender-based violence. With REFUGEES AND ASYLUM-SEEKERS were awaiting resettlement to the United the closure of the refugee processing The vast majority of refugees and States or going through the interview centre on Manus Island, refugees and asylum-seekers in Manus Island were process. Some 50 others accepted the asylum-seekers who had been forcibly moved to Port Moresby after the new government’s offer to allow them to settle sent there by the Australian authorities government committed to closing in Papua New Guinea.

HUMAN RIGHTS IN ASIA-PACIFIC: 51 REVIEW OF 2019 Amnesty International In May several men sent to Manus Island GENDER-BASED VIOLENCE Emmanuel Peni, an LGBTI and by Australia attempted suicide or self- environmental activist in Sepik, faced harm, following Australia’s decision to Gender-based violence—including gang threats and violence by government and close torture and trauma services and rape and other forms of sexual, and mining company officials because of reduce health services there.2 intimate partner violence—continued his work to raise awareness about the to be highly prevalent. Although dangers of mining exploration, including violence against women is prohibited tailings in the Sepik River. His advocacy INTER-COMMUNAL VIOLENCE by law, few perpetrators were brought for LGBTI rights was complicated by the to justice. Instead, perpetrators often criminalization of homosexuality. The Inter-communal violence increased in paid compensation to victims instead of LGBTI community in urban areas were Hela and Southern Highlands provinces, facing trial. Sexual harassment of women at high risk of extortion by the security where the government declared states in public places was also a concern. 4 of emergency. During July at least 16 forces. Impunity for killings and torture of people, the vast majority women and women accused of sorcery by members of children, were killed by men during tribal fighting in Hela province. Police their communities remained a problem. POLICE AND SECURITY FORCES In May, a man in Western Highland stated that the attack was in reprisal for Violence by the police, including killings, Province killed his entire family—his the killings of six people earlier in the continued at a high level. In mid- wife, two daughters, and their 18-year- month. According to the prime minister, September police beat to death a betel old baby-sitter—and was later taken into there were fewer than 60 police officers nut seller at a Port Moresby market when for Hela’s population of 400,000. The police custody. police were shutting down betel nut province is rich in gas reserves, leading stalls. After a public outcry at least one to tensions around the distribution of police officer was charged with murder extraction revenues. HUMAN RIGHTS DEFENDERS for the incident. In another incident in Cressida Kuala, an environmental and late October, police reportedly used live women’s rights activist from Porgera, fire when chasing down a group of betel CHILDREN’S RIGHTS/VIOLENCE the site of a gold mine in the highlands nut vendors in Port Moresby, injuring AGAINST CHILDREN of Enga Province, highlighted problems three of them. An August report by Save the Children facing women in mining communities, found extremely high levels of violence including police brutality, rape by mine Acknowledging the problem of police against children in Papua New Guinea, employees, and forced eviction and violence, and the related lack of public including sexual violence and violent displacement. She and other women trust in police, senior metropolitan police discipline in the home. Boys were more human rights defenders faced sexual official Anthony Wagambie, Jr, promised likely to experience physical punishment violence from their communities linked in September to “investigate all reported than girls. Violence occurred in the to their advocacy of women’s rights.3 police brutality cases immediately and community, in schools, and by the Communities in the Porgera area also take whatever recommendations and police. Weak enforcement mechanisms lacked access to clean water to meet actions deemed necessary according to and insufficient child protection services their basic needs and were exposed to the rule of law.” contributed to impunity for such harmful chemicals from tailings (residue) violence. dumped directly into rivers.

1. Papua New Guinea: Detainees Denied Lawyers, Family Access (news story, 14 November). 2. Manus: Surge in suicide attempts illustrates crisis of Australian policy (news story, 24 May). 3. Portrait of an activist: Cressida Kuala (30 May). 4. Portrait of an activist: Emmanuel Peni (30 May).

HUMAN RIGHTS IN ASIA-PACIFIC: 52 REVIEW OF 2019 Amnesty International Photos of drug war victims at a solidarity event in Manila, on 9 December 2019, ahead of International Human Rights Day. © Ezra Acayan / Getty Images

the UN Human Rights Council adopted a records also showed more than 20,000 PHILIPPINES resolution asking the High Commissioner other deaths during the same period for Human Rights to report back on the classified as homicide cases under Republic of the Philippines human rights situation in the country in investigation, many suspected of being Head of state and government: Rodrigo Roa Duterte 2020. linked to the police.

Victims continued to be overwhelmingly Killings by the police and unknown from poor and marginalized communities, armed individuals remained rampant as EXTRAJUDICIAL EXECUTIONS AND and often were part of unsubstantiated the government’s violent “war on drugs” IMPUNITY “drug watch lists” that police continued reached its fourth year. The International Killings by the police and unknown to use in their operations. Police Criminal Court (ICC) continued its armed individuals continued in the continued to allege that victims fought preliminary examination of possible back requiring the use of deadly force, context of the government’s anti-drug crimes under international law committed despite witness accounts that they campaign. In June, the then-chief of in the country. Congress revived were killed in cold blood. Families were the Philippine National Police (PNP) attempts to reinstate the death penalty. unable to obtain justice for their loved Human rights defenders critical of the acknowledged that over 6,500 people ones, due to enormous obstacles to filing government were increasingly harassed had been killed in police operations since cases against perpetrators, including and vilified. The prevailing climate of the Duterte administration took office in fears of retaliation. There remained no impunity fueled an increase in killings of July 2016. Human rights groups placed meaningful accountability for the killings activists for their political views. In July, the number far higher. Government at the national level.

HUMAN RIGHTS IN ASIA-PACIFIC: 53 REVIEW OF 2019 Amnesty International In March, the Philippines’ withdrawal to protect human rights defenders, rehabilitation initiatives, preventing them from the Rome Statute of the ICC took including from intimidation and reprisal. from accessing essential health and effect. Nevertheless, the ICC continued The Senate’s version of the bill remained harm reduction services.10 its preliminary examination of possible pending. There were questions about crimes under international law.1 In July, the bill’s future effectiveness, as the the UN Human Rights Council adopted crackdown on human rights defenders FREEDOM OF EXPRESSION and government critics continued. a resolution asking the Office of the The president increasingly threatened Human rights groups continued to High Commissioner for Human Rights to journalists critical of the government. express concerns about the safety of land produce a comprehensive report on the Editor-in-Chief and her and environmental activists. situation in the Philippines.2 news website Rappler, which reported extensively on killings and other human In early November, Vice President Leni rights violations in the “war on drugs,” Robredo, a member of an opposition DEATH PENALTY and a former Rappler reporter and board party, accepted President Duterte’s During his annual State of the Nation members, faced at least 10 politically- invitation to co-chair the Inter-agency Address in July, President Duterte called motivated lawsuits.11 Websites of Committee on Anti-illegal Drugs.3 Her again on Congress to reinstate the death alternative media organizations were appointment lasted only a brief 18 days; penalty, including for drug-related subjected to distributed denial of service she was fired by President Duterte after crimes. More than 20 death penalty bills (DDos) attacks that generated fake visits to these sites and rendered them she demanded transparency and access were pending in both the Senate and the inaccessible. At least two journalists to documents and intelligence reports House of Representatives. Reintroducing received threats after being “red- related to the government’s anti-drug the death penalty would violate the tagged.”12 Media organizations said at campaign. Philippines’ obligations under the Second Optional Protocol to the International least 15 journalists had been killed in Covenant on Civil and Political Rights, work-related attacks under the Duterte Killings of activists affiliated with the administration since 2016. political left surged following a complete which commits the country never to reinstate the penalty.8 breakdown of peace talks between the On December 19, following a decade- government and the New People’s Army; long trial, a Quezon City court convicted many were victims of “red-tagging,” or 28 individuals for murder over the 2009 accused of being communists.4 They CHILDREN’S RIGHTS massacre of 58 people, including 32 included four activists from leftist In January, the House of Representatives journalists, in Maguindanao, southern organizations killed in June.5 approved on final reading a bill Philippines. A total of 55 defendants lowering the minimum age of criminal were acquitted. Some 80 other people responsibility from 15 to 12 years old, accused of involvement had yet to be HUMAN RIGHTS DEFENDERS including for drug-related offences. The arrested.13 Senate’s version remained pending. The government continued to repress Human rights and other groups called human rights defenders. Senator Leila on the government to halt attempts to INTERNAL ARMED CONFLICT, de Lima, the President’s most prominent change the law, saying that setting a COUNTER-TERROR AND SECURITY critic and a prisoner of conscience, lower age would endanger children’s lives remained in detention since February rather than reduce crime.9 In March, President Duterte declared 2017 on politically-motivated charges.6 the “permanent termination” of peace negotiations between the government Former Senator Antonio Trillanes IV, and the National Democratic Front of the another Duterte critic, continued to RIGHT TO HEALTH Philippines – Communist Party of the face rebellion, kidnapping and other The government’s anti-drugs campaign Philippines – New People’s Army, stating charges. In September, the PNP filed continued to undermine people’s right that continued dialogue was “useless.” sedition complaints against Vice to the highest attainable standard of In December, however, the president President Robredo and 30 others – physical and mental health. Further announced yet again his administration’s including de Lima, Trillanes, lawyers, research by Amnesty International intention to resume peace talks with the priests and politicians – for their alleged revealed the government’s drug communist rebels. involvement in producing videos linking rehabilitation and treatment programmes the president’s family to the illicit trade were inadequate; families reported that In October, security forces raided the in drugs.7 no such programme had been available offices of three organizations in Bacolod In June, the House of Representatives to relatives who sought medical care for City affiliated with leftist activists unanimously approved the Human Rights their use of drugs. Others continued to and arrested over 50 people allegedly Defenders Protection Bill that sought be forced into compulsory treatment and participating in explosives and firearms

HUMAN RIGHTS IN ASIA-PACIFIC: 54 REVIEW OF 2019 Amnesty International training. Those arrested maintained were teaching students to rebel against a transgender woman was prevented that weapons seized during raids were the government. President Duterte had from using the women’s restroom and planted by security forces. Over 40 were previously threatened to “bomb” these subsequently arrested for recording the subsequently released, after posting bail schools. incident on her mobile phone. Instead, or being cleared by the court; seven were the government said it would push for a being held on non-bailable charges. broader law that would cover “all forms” SEXUAL AND REPRODUCTIVE of discrimination. Martial law remained in effect in RIGHTS Mindanao, amid concerns from human rights groups that military rule could The president approved an LABOUR RIGHTS allow for further abuses. At year’s end, implementation plan for the National however, President Duterte no longer Program on Population and Family Workers from various industries – such sought to extend the measure through Planning, meant to reduce unwanted as transportation, food, beverage, and Congress, marking the end of martial rule and unplanned pregnancies through manufacturing – went on strike several in the region after two and a half years. “responsible parenthood,” including times against unfair labour practices, access to contraceptives. The including low wages, short/fixed-term Bills to amend the Human Security government’s chief economist, however, employment, and failure by employers to Act of 2007 – the Philippines’ expressed concerns later that the provide government-mandated benefits. counterterrorism law – were introduced program was underfunded in the 2020 Some of these protests resulted in violent in Congress. Proposed revisions included national budget. dispersals, arrests by police, and even a broader definition of “terrorism” and killings at the hands of unidentified longer warrantless detention for terrorism individuals.14 suspects, which the Commission on RIGHTS OF LESBIAN, GAY, Human Rights said could violate human BISEXUAL, TRANSGENDER, AND rights, including the presumption of INTERSEX (LGBTI) PEOPLE innocence. President Duterte declined to certify The Department of Education closed the SOGIE (Sexual Orientation, Gender down 50 schools serving Lumad Identity and Expression) Equality (Indigenous) children, alleging that they Bill as urgent, amid an outcry when

1. Philippines: Withdrawal from the ICC must spur UN action (news story, 17 March). 2. Philippines: UN resolution builds pressure on architects of deadly “war on drugs” (news story, 11 July). 3. Philippines: Vice President’s new role must mark end of drug killings (news story, 6 November). 4. Philippines: Investigate killing of 14 in police operations (ASA 35/0156/2018, 2 April). 5. Philippines: Stop “red-tagging”; investigate killings of activists (ASA 35/0587/2019, 24 June). 6. Philippines: Outspoken Senator marks two years in arbitrary detention (news story, 17 March). 7. Philippines: Drop malicious case against government critics (ASA 35/1049/2019, 13 September). 8. Philippines: President’s call to revive death penalty will only worsen climate of impunity (news story, 22 July). 9. Philippines: Lowering criminal age to 12 will “endanger children’s lives” (news story, 5 February). 10. They just kill: Ongoing extrajudicial executions and other violations in the Philippines’ “war on drugs” (report, 8 July). 11. Philippines: Further information: Journalist arrested twice in six weeks (ASA 35/0137/2019, 1 April). 12. Philippines: Protect “red-tagged” individuals (ASA 35/0985/2019, 3 September). 13. Philippines: Convictions for Ampatuan massacre a delayed but critical step for justice (news story, 19 December). 14. Philippines: Urgent action: Peaceful protestors attacked and one murdered (ASA 35/9711/2019, 21 January).

HUMAN RIGHTS IN ASIA-PACIFIC: 55 REVIEW OF 2019 Amnesty International Jolovan Wham stands outside a Singapore courthouse holding up a piece of paper that says: “Drop the charges against Terry Xu and Daniel De Costa.” In March 2019, Wham was investigated and questioned by police for protesting outside the courts without a permit. © Jolovan Wham

excessive and overly broad powers to of alternative news website The Online SINGAPORE clamp down on dissenting views. Of Citizen (TOC), for defamation based on particular concern was the law’s lack an article about a dispute over the home Republic of Singapore of clear definition of what constitutes a of his father, late Prime Minister Lee Head of state: Halimah Yacob falsehood. The law provided for severe Head of government: Mohammed bin Rashed Al Maktoum Kwan Yew. Terry Xu, together with Daniel criminal penalties of up to 10 years’ de Costa, also continued to face previous imprisonment, and required social media charges for criminal defamation based on Parliament passed a new law to regulate companies, such as Facebook, to remove an article that TOC published in 2018 “fake news,” worsening an already content or display prominent corrections alleging government corruption. stifling environment for freedom of on their platforms at the government’s expression. Activists and human rights direction, or face fines of up to SGD 1 In the same month, the courts dismissed i defenders were prosecuted for organizing million (US$730,000). an appeal by political activist and blogger peaceful meetings and criticizing the Leong Sze Hian related to criminal government. Death sentences continued Fears the law would be used to target defamation charges against him. The to be imposed and executions carried government critics were confirmed activist has been sued by the prime mini out, including for drug trafficking. when government ministers issued five ster for sharing an allegedly libelous correction directions under POFMA Facebook post accusing the government against posts on social media within the of corruption. His lawyer argued that first three months of the law’s enactment. FREEDOM OF EXPRESSION the prime minister was abusing the These correction directions were issued Human rights groups strongly criticized court process to silence a prominent against Facebook posts made by critics of the Protection from Online Falsehoods government critic. the ruling People’s Action Party. and Manipulation Act (POFMA), meant to regulate “fake news,” which came The Home Affairs and Law Minister into effect in October. Introduced by the suggested that the government would government to “protect society” from HUMAN RIGHTS DEFENDERS introduce legislation “to counter attempts online falsehoods created by “malicious In September, Prime Minister Lee Hsien by foreign elements to influence domestic actors,” the law gave the authorities Loong sued Terry Xu (m), Editor-in-Chief politics and opinion,” after implying

HUMAN RIGHTS IN ASIA-PACIFIC: 56 REVIEW OF 2019 Amnesty International that human rights groups and alternative DEATH PENALTY MIGRANTS’ RIGHTS media site TOC were subject to foreign Migrants’ rights groups expressed interference. Death sentences continued to be imposed, and executions carried out, concerns about the treatment and including for cases of drug trafficking. working conditions of migrant workers, including foreign domestic workers. The authorities continued to quash FREEDOM OF PEACEFUL ASSEMBLY They urged the government to extend debate on the use of the punishment. In January, human rights defender provisions of the Employment Act that Police investigated a couple for wearing would regulate their working hours and Jolovan Wham was found guilty of anti-death penalty T-shirts at a running ensure their access to benefits. “organising a public assembly without event showing solidarity with ex- a permit” under the Public Order Act offenders, deeming it to be a protest and sentenced to a fine of S$3,200 without permission. The attorney general WOMEN’S RIGHTS (US$2,367), or by default, 16 days in accused Malaysian human rights lawyer jail. He was appealing the decision. The In November, the government increased N. Surendran of making “scandalous” conviction and sentence concerned an penalties for the trafficking of women allegations against the Singapore legal event on “Civil Disobedience and Social or girls. Those found guilty could face system. The lawyer had made statements Movements” that Wham had organized a jail term of up to seven years and a to Malaysian media criticizing the death maximum fine of S$100,000 ($70,000 in 2016 at an indoor event space and USD) – a ten-fold increase compared bookstore. The event featured speakers sentence imposed on Malaysians on to previous penalties. However, women such as Hong Kong pro-democracy death row in Singapore. continued to face arrest and deportation activist Joshua Wong, who joined the for engaging in sex work. discussion via Skype. Human rights groups condemned the decision as RIGHTS OF LESBIAN, GAY, another attempt to deter Singaporeans BISEXUAL, TRANSGENDER AND CHILDREN’S RIGHTS from sharing differing views or criticising INTERSEX PEOPLE (LGBTI) the government. In March, Wham Singapore’s record on children’s rights was reviewed by the UN Committee on was investigated by police for “illegal In November, hearings commenced in the the Rights of the Child. The committee assembly” for posing for a photo in first of three cases challenging the law commended the strong legislative, front of a court building and urging criminalising same-sex relations between institutional and policy measures in men. The country’s Court of Appeal had the government to drop defamation place to protect children. Among other ruled in 2014 that the law, Section 377a charges against editor Terry Xu and recommendations, it called for Singapore to Daniel de Costa. His conviction in 2018, of the Penal Code, was constitutional. strengthen efforts to prevent discrimination together with an opposition politician for The latest challenge followed renewed against those in marginalized or vulnerable “scandalizing the judiciary,” continued to calls to end the criminalisation of LGBTI situations, and to end the use of corporal await appeal. people. punishment against children.

1. Singapore: Chilling fake news law will “rule the news feed” (news story, 8 May). 2. Singapore: Joint statement on the sentencing of human rights defender Jolovan Wham (statement, 22 February).

HUMAN RIGHTS IN ASIA-PACIFIC: 57 REVIEW OF 2019 Amnesty International Aftermath of the Easter Sunday Attack – St. Anthony’s Church, Kochchikade. © JEWEL SAMAD /AFP via Getty Images

and undue restricts of the rights to reconciliation commission and a special SRI LANKA freedom of expression and religious court to ensure accountability through belief. Sri Lanka’s Muslim minority was prosecutions were not established. Democratic Socialist Republic of Sri Lanka subject to reprisal attacks by armed mobs Head of state and government: Gotabaya Rajapaksa on their homes, vehicles and shops in Following the November presidential (replaced Maithripala Sirisena in November) different parts of the country. Four death election, the new government distanced row prisoners were granted a temporary itself from the UNHRC process, saying that it is reviewing the resolutions and Commitments to pursue truth, justice, stay of execution. claiming that it is not bound by the reparations and guarantees of non- commitments made by the previous recurrence for international crimes and government. other serious human rights violations remained elusive for most victims of Sri BACKGROUND Lanka’s decades-long conflict that ended ENFORCED DISAPPEARANCES in 2009. There were some key advances Sri Lanka’s 2015 commitments at the in 2019, with the operationalization of UN Human Rights Council (UNHRC) – Families of people forcibly disappeared persisted in their demands for the Office on Missing Persons (OMP), through its co-sponsorship of resolution information about their missing relatives the Office for Reparations and the return 30/1 – to establish truth, justice and for a third straight year. The OMP of some of the military-occupied private reparation mechanisms and reforms continued to oversee the carbon dating land to its owners. There were limited aimed at non-recurrence remained process for remains excavated from the steps taken to hold the perpetrators largely unrealized by the end of the year. site of a second mass grave in Mannar, in of serious human rights violations In March, the Sri Lankan government the Northern Province. It also established accountable. The April bombings, which reaffirmed its commitments with the regional offices in Matara, Mannar, and claimed the lives of more than 250 adoption of resolution 40/1 at the Jaffna, and issued a report which made people when an Islamist armed group UNHRC. However, the Prevention key recommendations for interim relief attacked three churches and three hotels, of Terrorism Act (PTA), a key driver and justice. By the end of the year, the led to the imposition of Emergency of human rights violations, was not outgoing cabinet had approved only one Regulations enabling arbitrary detentions repealed. The proposed truth and of the recommendations on interim relief.

HUMAN RIGHTS IN ASIA-PACIFIC: 58 REVIEW OF 2019 Amnesty International IMPUNITY military officials named in the OHCHR UN refugee agency, relocated them to investigation were appointed to positions temporary shelters. The government made limited progress of power. in addressing impunity for crimes The government withdrew its plans to under international law committed criminalize individuals for issuing “false during Sri Lanka’s conflict. Government VIOLENCE AGAINST WOMEN AND promises in 2015 to establish a judicial news”, where five-year jail sentences mechanism with a special counsel to GIRLS would be imposed on those accused of investigate allegations of violations and Impunity for perpetrators of various forms spreading fake news and hate speech on abuses of human rights and violations of violence against women and girls social media, following criticism from of international humanitarian law, had persisted, and insufficient steps were civil society. In September, however, not been realized at the end of the year. taken to try cases of violence against it announced measures to introduce The Attorney General’s department filed women. The Court of Appeal in October a section on “Constitution of Hostile hurried indictments in several key cases acquitted four soldiers accused of gang Speech” as an amendment to the Penal in advance of presidential elections rape in a case from Viswamadu in 2010, Code and Code of Criminal Procedure. in November, but the cases of many one of the few cases where perpetrators The bill did not pass parliament by the of sexual violence had been held to individuals who allegedly bore command time the government changed at the end responsibility for serious violations were account. of the year. not included. These cases included the enforced disappearance of journalist, Prageeth Eknaligoda, in 2010, and the ARBITRARY ARRESTS AND extrajudicial executions at the Welikada DETENTION COUNTER-TERROR AND SECURITY prison, in in 2012 which left 27 inmates In April, the authorities passed The government failed to repeal the PTA dead. Emergency Regulations that facilitated despite making pledges in the UNHRC arbitrary arrests and detention that resolution to do so and to replace it In July, a magistrate in the north particularly targeted the minority Muslim with legislation in line with international eastern town of Trincomalee acquitted community. The regulations were passed human rights law and standards. The 12 members of the police Special Task in response to the Easter Bombings in Force (STF) and a police officer due draft Counter Terrorism Act which was April, claimed by the armed group calling to “lack of evidence”. Witnesses in not enacted by the end of the year itself “Islamic State”, which targeted the case had been reluctant to testify fell short of adequate human rights churches and hotels in Sri Lanka killing due to inadequate witness protection guarantees. more than 250 people and injuring measures and lack of faith in domestic hundreds more. courts. The defendants were accused of executing five ethnic Tamil students in DEATH PENALTY 2006, known as the “Trinco Five” case. In July, the Attorney General decided FREEDOMS OF RELIGION OR BELIEF In June, the President announced that to recommence investigations into the AND OF EXPRESSION he had signed execution warrants for executions. Emergency Regulations remained in four death row prisoners who had been place until August following the Easter convicted of drug-related crimes. The In August, Major General Shavendra Bombings. The Regulations were used names of the prisoners were not made Silva was appointed Army Commander to severely restrict the rights to freedom public. The President’s decision was after being promoted to Chief of Staff of of religion or belief and to freedom of legally challenged. In July, the Supreme the Army earlier in the year. In 2014, an expression and banned clothing that Court allowed a temporary reprieve ruling investigation conducted by the Office of conceals the face, in a move which that the prisoners should not be executed the UN High Commissioner for Human effectively targeted women wearing face while the petitions were pending. Sri Rights (OHCHR) found evidence of his veils. A spate of anti-Muslim violence Lanka has not carried out any executions command responsibility in connection followed the April bombings for weeks since 1976. with serious human rights violations across the country, including in the during the conflict. Several navy officers, towns of Negombo and Minuwangoda in who had been charged in connection with the Western Province and in the North the enforced disappearance of 11 youth Western Province. The security forces in 2008 and 2009 in Colombo, were did little to protect minority communities promoted after being released on bail. from attack. Refugees and asylum- After the new President, Prime Minister seekers from Pakistan and Afghanistan and Cabinet of Ministers were sworn were forced from their homes by angry in at the end of the year, a number of mobs. The government, together with the

HUMAN RIGHTS IN ASIA-PACIFIC: 59 REVIEW OF 2019 Amnesty International Participants march at the Taiwan LGBTI Protest 2019 in Taipei on 17 May 2019. © Amnesty International

RIGHTS OF LESBIAN, GAY, It does not provide equal adoption rights TAIWAN BISEXUAL, TRANSGENDER AND for same-sex couples. The law only allows spouses in same-sex marriages to adopt Taiwan INTERSEX PEOPLE (LGBTI) Head of state: Tsai Ing-wen the biological children of their partners, On 17 May the Legislative Yuan passed Head of government: Su Tseng-chang but not joint adoption of non-biological The Enforcement Act of the Judicial Yuan children, as permitted for opposite-sex Interpretation No.748, legalizing same- In a major development, the Taiwan sex marriage.1 It had been two years married couples. The law only covers Legislative Yuan passed a law legalizing since the Constitutional Court ruled in same sex marriage between Taiwanese marriage between same-sex couples in favour of equal marriage and ordered the citizens and those foreign spouses whose May, making Taiwan the first place in government to change the law. Under the countries have legalized same-sex unions. Asia to recognize same-sex marriage. The new law, same-sex couples are granted the same right to marry as opposite- government held its NGO consultation Despite the achievement in enhancing sex couples. Many of the same rights for the State Report on the third review the protection of LGBTI rights, there is and obligations applied to opposite-sex of the implementation of the ICCPR and more to be done to improve awareness couples under the existing regulations in about the need for anti-discrimination the ICESCR from July to September. In the Civil Code are now applied to same- July, the Taipei High Administrative Court sex couples. in society, especially in schools. revoked the extension of Asia Cement Homophobia, distorted views on LGBTI Corporation’s mining permit in the Taroko However, the law falls short of genuine people and bias still exist in some parts people’s traditional territory. and full marriage equality in some areas. of society and the education system.

HUMAN RIGHTS IN ASIA-PACIFIC: 60 REVIEW OF 2019 Amnesty International LEGAL, CONSTITUTIONAL OR DEATH PENALTY INDIGENOUS PEOPLES’ RIGHTS INSTITUTIONAL DEVELOPMENTS At the beginning of the year, Amnesty In July, the Taipei High Administrative The government carries out parallel International representatives visited Court revoked the extension of Asia reviews of the implementation of Chiou Ho-shun, who has been on death Cement Corporation’s mining permit row since 1989.2 He was sentenced in the Taroko people’s traditional international human rights laws as to death for robbery, kidnapping and territory. Taroko people filed a lawsuit Taiwan is not a member of the United murder in 1989. Chiou Ho-shun and against the Ministry of Economic Nations. In 2009, the Legislative his 11 co-defendants said they were Affairs after the ministry had ignored Yuan passed legislation to implement held incommunicado for the first four the residents’ demands and in 2016 the International Covenant on Civil months of detention, and claimed they granted an extension of mining permit and Political Rights (ICCPR) and the were tortured into making confessions, to the company up to 2037. The court International Covenant on Economic, which they later retracted. Only Chiou found that the extension violated the Social and Cultural Rights (ICESCR), Ho-shun was sentenced to death. His Indigenous Peoples Basic Law and noted which made them legally binding in co-defendants were sentenced to that Taroko people who live nearby should Taiwan. However, the judicial and varying prison terms which they have all have been consulted. executive branches have been slow to completed, apart from one who died in recognize the principles of equality prison. The court sent the case back to the High Court for retrial for the 11th and anti-discrimination, prevention time in August 2009. In 2011 the High of torture, and non-refoulement. The Court again upheld Chiou Ho-shun’s government held its NGO consultation death sentence. After this ruling, Chiou for the State Report on the third review Ho-shun told the court: “I haven’t killed of the implementation of the ICCPR anyone. Why don’t judges have the and the ICESCR. Abolition of the death courage to find me not guilty?” The same penalty, torture and other ill-treatment, year, Chiou Ho-shun lost his final appeal Indigenous Peoples’ rights, LGBTI rights to the Supreme Court and the Prosecutor and migrant workers’ rights were topics General rejected a request to seek an covered. extraordinary appeal for a retrial.

HUMAN RIGHTS IN ASIA-PACIFIC: 61 REVIEW OF 2019 Amnesty International Members of Amnesty International hold up images of Sirawith “Ja New” Seritiwat, who was beaten by unknown assailants, during a protest in Bangkok against the attack on 3 July 2019. © Candida Ng / AFP (via Getty Images)

a May 2014 coup. In May, King Maha into the custody of park officials at Kaeng THAILAND Vajiralongkorn was formally crowned Krachan National Park in 2014. The in a coronation ceremony. NCPO Head department announced that fragments Kingdom of Thailand General Prayut Chan-O-Cha was elected of his bone were found in a reservoir in a Head of state: King Maha Vajiralongkorn prime minister in June. protected part of the park, and brought Head of government: General Prayut Chan-O-Cha charges, including of premeditated In July, a new cabinet was sworn in and murder, against a former park chief in Activists, academics, opposition the NCPO was dissolved. The authorities December. In July, the UNESCO Heritage politicians, and human rights defenders lifted some 70 decrees that the NCPO Committee postponed any decision on were arrested, detained and prosecuted had issued, with all others passing awarding World Heritage status to Kaeng for peacefully expressing their views automatically into law. Pending civilian Krachan National Park, citing concerns on the government and monarchy. The cases were to be transferred from military about human rights violations. government maintained systematic and to civilian courts. However, the military arbitrary restrictions on human rights, retained expanded powers to carry out There was no progress in investigations including by passing a new cybersecurity arbitrary detentions. into the disappearances of several law. Refugees and asylum-seekers Thai political activists who had made were vulnerable to arrest, detention, internet broadcasts in exile criticising the deportation, and rendition. DISAPPEARANCES, TORTURE, AND monarchy and the military government. INVESTIGATIONS INTO ATTACKS Two of the men had gone missing in Laos AGAINST POLITICAL OPPONENTS in 2016 and 2017, in circumstances raising suspicions that they had been In September, the Department of Special abducted. Three others went missing in BACKGROUND Investigation confirmed the death of Laos in late 2018. The corpses of two In March, Thailand held its first general Porlachee “Billy” Rakchongcharoen, an men from the latter group were found election since the National Council for ethnic Karen human rights activist who weighted with concrete in the Mekong Peace and Order (NCPO) took power in had not been seen since he was taken river in Thailand in late December 2018.

HUMAN RIGHTS IN ASIA-PACIFIC: 62 REVIEW OF 2019 Amnesty International Unknown perpetrators were believed The authorities brought criminal charges survivors of the attacks reported that the to have abducted them together with against opposition politicians, academics, authorities had not conducted thorough Surachai Danwattananusorn, the third factory workers, and activists under investigations into the incidents. Political man, whose whereabouts remained laws governing computer crimes, public activists also reported anonymous threats unknown. assembly and sedition. Defendants of physical harm and harassment linked in these cases had participated in to their public campaigning. Three other Thai dissidents disappeared activities such as marching in peaceful in early 2019. Chucheep Chiwasut, demonstrations, discussing political The Ministry of the Interior continued Siam Theerawut, and Kritsana Thupthai reform, or criticising the monarchy or the to bar Amnesty International Thailand 2 were last reported to have been seen in government, including on social media. from including student activist detention in Viet Nam, and were believed At least 21 people were prosecuted Nethiwit Chotiphatphaisal as a youth to have been transferred to Thai custody for wearing T-shirts or displaying flags representative on its board, stating that in May 2019.1 One of Theerawut’s associated with a movement proposing a “he has had inappropriate conduct in the relatives said that Thai government federal political system. Members of the past deemed unfit for this role.” officials sought to dissuade her from opposition Future Forward Party faced reporting his disappearance to the UN. multiple charges while its leader was In October, the police reportedly disqualified as a member of parliament, withdrew a worrying order requiring Ethnic Malay individuals detained in moves widely seen as politically counter-insurgency operations in three motivated. The authorities also took universities to report on the membership southern border provinces reported steps to dissolve the party, following the and activities of Muslim student groups. torture and other ill-treatment, including disbanding of Thai Raksa Chart Party in in the Ingkhayutthaborihan Military February. Camp. An investigation was opened into HUMAN RIGHTS DEFENDERS the death of a man on 25 August, who The courts dismissed a number of cases A poultry company filed multiple cases had been in a coma since 21 July, hours brought by the military government against a group of workers who had after being detained and interrogated at against journalists and political complained about labour conditions, as the camp. activists, and found in one case that well as against human rights defenders, the defendants had been peacefully a journalist and a former human rights Military officials continued to exercise exercising their constitutionally- commissioner who commented on the sweeping law enforcement powers, guaranteed rights. cases. The Appeals Court upheld a including holding individuals in unofficial 10 million baht (US $331,564) civil places of detention and without charge. In June, the authorities released defamation award that the Natural A number of detainees were held Siraphop Komaroot, aka Rungsila, who Fruit company had won against Andy incommunicado. A man who had sued had been held for 59 months in pre-trial Hall, a labour rights activist who had seven police officers for allegedly torturing detention under charges of lèse-majesté. documented labour rights abuses at the him faced trial on counter-charges of His release followed a finding by the UN company’s factory. perjury filed by one of the officers. Working Group on Arbitrary Detention that he was arbitrarily detained. In response to concerns raised by FREEDOM OF EXPRESSION, The authorities harassed people who the P-Move campaign network, the criticized the monarchy or the military government announced the establishment PEACEFUL ASSEMBLY, AND of a committee to address complaints ASSOCIATION, AND THE RIGHT TO authorities and required them in many cases to retract their statements or self- about the impact of forest reclamation PRIVACY censor. The government also pressured policies on resident farmers. People The Cybersecurity Law and Data social media platforms to restrict access who are landless and living in poverty, Protection Act were passed in February in Thailand to such content. Politicians without title to contested land in forest 2019 allowing the government to and political activists reported physical areas, were prosecuted on charges of increase online surveillance and surveillance and harassment by army land encroachment and forced eviction. censorship. The laws allowed sweeping personnel, including during the election Many of these individuals had previously government surveillance without basic period and the lead-up to the coronation. reported that they had been forcibly legal safeguards. Later in the year, the evicted from areas where they had lived Digital Economy and Security Ministry Unknown perpetrators carried out violent for generations. Between May and July, established an “Anti-Fake News Centre” attacks against pro-democracy activists, the Court of Appeal upheld sentences of mandated to filter out online content which coincided with their efforts to up to 10 years’ imprisonment against 14 deemed “fake news” and to take draw attention to perceived election women farmers whom the National Parks unspecified measures against users who irregularities and problems relating to in Saithong National Park, Chaiyaphum post such content. the formation of a new government.3 The Province had sued for trespass.

HUMAN RIGHTS IN ASIA-PACIFIC: 63 REVIEW OF 2019 Amnesty International IMPUNITY announced in January 2017 was passed have been at risk of human rights at the end of the year. violations.4 Under the 2017 Constitution, members of the NCPO were protected from Hundreds remained in detention in prosecution for human rights violations immigration detention centres, where ARMED CONFLICT committed during NCPO rule. many had been detained for years, Ethnic Malay insurgents carried out including refugees who had been In May, officials informed the mother attacks against civilians, including on imprisoned for entering Thailand with of one of six persons killed by soldiers public markets and a temple, using false documentation. at Pathum Wanaram Temple during the both weapons and improvised explosive 2010 protests that no soldiers would devices. Martial law and a 2005 In January, Thai police were allegedly be prosecuted for the killings, due to a Emergency Decree remained in place in involved in the abduction in Bangkok of supposed lack of evidence. the southern border provinces. a Vietnamese blogger and asylum-seeker,

who later reappeared in detention in Viet Nam. In September, a Lao asylum-seeker REFUGEES AND ASYLUM-SEEKERS went missing in Bangkok. DEATH PENALTY Refugees and asylum-seekers Hakeem Al-Araibi, a Bahraini refugee In April, the National Legislative remained at risk of arrest, detention and Australian resident, was released Assembly approved amendments to the and refoulement in the absence of a in February after being detained in Anti-Human Trafficking Act providing for formal legal status under Thai law. A Thailand for nearly three months pending capital punishment in cases involving migrant status determination procedure deportation to Bahrain, where he would abuses leading to death.

1. Thailand: Confirm safety and whereabouts of three Thai citizens (news story, 10 May). 2. Thailand: Authorities should end politically-motivated persecution of opposition figures and activists (news story, 6 April). 3. Thailand: Investigate violent attacks on activists and protect rights to freedom of expression and peaceful assembly (ASA 39/0634/2019, 2 July). 4. Thailand: Detained Bahraini footballer must be allowed to return to Australia (news story, 9 January).

HUMAN RIGHTS IN ASIA-PACIFIC: 64 REVIEW OF 2019 Amnesty International Environmental activist Nguyen Ngoc Anh (c) stands in a courtroom in June 2019 during his trial in Vietnam’s Ben Tre province, in which he was sentenced to six years in prison for “undermining” the government via his Facebook posts. © Vietnam News Agency / AFP (via Getty Images)

platform. Those convicted received prison VIET NAM sentences of up to 11 years. BACKGROUND Socialist Republic of Viet Nam The government also launched a Head of state: Nguy n Phú Tr ng Viet Nam signed a free trade agreement ễ ọ targeted campaign aimed at shutting Head of government: Nguy n Xuân Phúc with the EU in July that was expected ễ down the Liberal Publishing House, to boost economic growth. Its provisions an independent publisher of books on required the Vietnamese government to democracy and public policy, and at allow the establishment of independent The year saw a surge in the number of intimidating its supporters.1 Public trade unions, and to improve the legal prisoners of conscience. A crackdown security forces questioned at least a framework relating to labour rights. on the rights to freedom of expression, hundred people across the country, The agreement also required the association and peaceful assembly and searched the homes of at least a Vietnamese government to ratify a range continued. A new cybersecurity law dozen, confiscating books printed by of International Labour Organization entered into force in January, aimed the publishing house. Most disturbingly, conventions. at restricting human rights online. The in October, police in Ho Chi Minh City authorities subjected human rights detained and tortured a person who defenders and activists to harassment, helped deliver books from the publishing intimidation, and abusive restrictions CRACKDOWN ON FREEDOM OF house. both online and offline. The government EXPRESSION prosecuted human rights defenders and The authorities arrested and/or activists, using a range of criminal law prosecuted at least 23 people over the PRISONERS OF CONSCIENCE provisions. Prolonged pre-trial detention course of the year on speech-related A crackdown on peaceful demonstrations, was common. Prisoners of conscience grounds. Most of those targeted had and the arrests that followed, led to were denied access to lawyers and family expressed views on issues such as a substantial increase in the number members, lacked proper health care, and corruption, the environment, politics, of prisoners of conscience. By May, in some cases were subjected to torture. and human rights, using Facebook as a there were 118 known prisoners of

HUMAN RIGHTS IN ASIA-PACIFIC: 65 REVIEW OF 2019 Amnesty International conscience.2 While a few prisoners were on peaceful expression online. Draft record under the UN Human Rights released later in the year, after serving Article 58(5) would compel all internet Council’s Universal Periodic Review their sentences, more were arrested. companies operating in Viet Nam to mechanism, a Vietnamese representative retain users’ personal data, and to submit said that the use of the death penalty Reports from family members and local it to the Cybersecurity Department upon was a state secret. human rights groups indicated that request. Companies would be liable for prisoners of conscience continued to substantial penalties if they failed to endure various forms of ill-treatment, do so. The decree’s provisions did not ARBITRARY ARREST AND including solitary confinement, poor indicate how the authorities would use DETENTION quality food, lack of access to medical this data. care, and mental and physical abuse. Several of activists were arbitrarily Many prison administrators encouraged detained by public security officials. Cao prisoners held for common crimes to DEATHS IN CUSTODY Vinh Thinh, a member of Green Tree, intimidate and assault prisoners of an organization working to protect the At least 11 people died in custody, conscience. Family members of two environment, was arbitrarily detained according to data compiled by Radio prisoners of conscience reported that twice — in March and June — by local Free Asia. The authorities continued to their relatives had received death threats. authorities in Ha Noi. Another member prevent independent investigations into of the organization, Dang Vu Luong, was such deaths, casting doubt on official Once convicted and sentenced to also detained without an arrest warrant explanations of their causes. imprisonment, prisoners of conscience or other legal justification in August. The were frequently transferred to facilities two were released after being interrogated A high-profile case was that of Le Thanh far from their homes, making it difficult for hours. Hien, a freelance journalist in H u Giang for their family members to visit them ậ province. Arrested on 9 July on charges and provide emotional and material On 25 October, filmmaker Thinh Nguyen of fraud, and detained at the Vi Thuy assistance. was arbitrarily and violently arrested by district police station, he was found plainclothes police officers. The men dead in his cell the next day. Police said did not show legal documents and when that Hien had hanged himself, and no LEGAL DEVELOPMENTS Thinh Nguyen challenged the legality investigation into the death was known to of their actions, one of them reportedly A new cybersecurity law entered into have been conducted. replied that the arrest was for “national effect in January, despite concern security reasons.” After searching the expressed at both the domestic filmmaker’s house, the police brought and international level that it could ENFORCED DISAPPEARANCE Thinh Nguyen to a police station where criminalize a broad swath of online Truong Duy Nhat, a prominent political they interrogated him, eventually expression. Article 8 of the law journalist, was forcibly disappeared releasing him later that day. prohibited people from “distorting in Bangkok, Thailand, while seeking history, denying revolutionary asylum there in January.3 Evidence and achievements, destroying the national eyewitnesses indicated the involvement VIOLENCE AGAINST WOMEN AND solidarity block,” and “providing false of the Vietnamese security forces. Five information, causing confusion amongst GIRLS months after his enforced disappearance, the Citizens, [and] causing harm to Violence against women and girls, the Vietnamese authorities admitted that socioeconomic activities.” Article 16 of including physical assaults and sexual they were detaining Nhat in Ha Noi on the law, similarly, set out an overly broad violence, received substantial public corruption charges. definition of what constitutes propaganda attention. It was not just the crimes that against the state, including “insulting the were the subject of media attention and Early in the year, three Thai activists were [Vietnamese] people, the national flag, public outcry, but also the impunity forcibly disappeared while seeking refuge national emblem, national anthem, great enjoyed by perpetrators. in Viet Nam.4 According to Amnesty men, leaders, famous people or national International’s sources the three were heroes.” By its overbroad language and In March, a man sexually assaulted a arrested by the police in January. vague wording, the provision gave the woman in a lift in Ha Noi, with a closed- authorities excessive and arbitrary powers circuit video camera inside the elevator to ban a range of legitimate activities. capturing the incident. The video tape DEATH PENALTY circulated publicly and quickly ignited The draft decree for implementation The government has long withheld a mass protest on social media. Local of the cybersecurity law would impose information relating to the death authorities fined the man 200,000 dong further restrictions on human rights penalty. In December 2018, during an (around 9 USD), but did not arrest or online and would have a chilling effect assessment of Viet Nam’s human rights charge him, sparking further public anger.

HUMAN RIGHTS IN ASIA-PACIFIC: 66 REVIEW OF 2019 Amnesty International In April, the former deputy of the Assembly to change the law to increase Domestic violence against women was procuracy of Da Nang city was shown punishments for sexual assault and common, and incidents of women being in a video circulated online in which he sexual harassment. The authorities beaten by their husbands often appeared appeared to sexually assault a seven- prosecuted the perpetrator, sentencing in the media. Yet very few suspected year-old girl inside a lift in Ho Chi Minh him to an 18-month prison term; perpetrators were held to account. city. The online protests that followed however, as of year’s end the man had saw protestors calling on the National not been jailed.

1. Vietnam: Stop intimidation and harassment of independent publishing house (ASA 41/1476/2019, 27 November). 2. Viet Nam: Surge in number of prisoners of conscience, new research shows (news story, 13 May). 3. Vietnamese and Thai authorities must come clean about journalist’s disappearance (news story, 21 March). 4. Thailand: Confirm safety and whereabouts of three Thai citizens (news story, 10 May).

HUMAN RIGHTS IN ASIA-PACIFIC: 67 REVIEW OF 2019 Amnesty International HUMAN RIGHTS IN ASIA-PACIFIC: REVIEW OF 2019

Index: ASA 01/1354/2020 Original language: English amnesty.org