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Observatory for the Protection of Human Rights Defenders Annual Report 2011

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Observatory for the Protection of Human Rights Defenders Annual Report 2011 ASIA OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS ANNUAL REPORT 2011 265 REGIONAL ANALYSIS ASIA OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS ANNUAL REPORT 2011 In 2010-2011, the elections that took place in several countries of the Asian region were often accompanied by widespread frauds and irregulari- ties as well as by increased restrictions in terms of freedoms of expression and assembly as Governments tightened their control on opposition voices and dissent (Afghanistan, Bangladesh, Burma, Malaysia, Sri Lanka, The Philippines, Viet Nam). In particular, in Burma, the first national elections that were held in twenty years in November 2010, were marred by a series of serious irregularities and draconian restrictions on freedom of associa- tion and of the press, rendering it neither free nor fair. Although 2010 also saw the historic release from house arrest of opposition leader Daw Aung San Suu Kyi after the elections, a general amnesty had yet to take place in Burma and over 2,000 political prisoners remained in detention. Inadequate public security and the lack of a conducive environment for human rights defenders continued to significantly impact the work of activists throughout the region (Afghanistan, India, Nepal, Pakistan, Sri Lanka, Thailand, The Philippines), in particular in areas not fully under the control of the Government, such as the southern Terai districts in Nepal, the three southern border provinces of Thailand, Balochistan, the Federally Administered Tribal Areas (FATA) and the North West Frontier Province (NWFP) in Pakistan, in areas under Taliban control in Afghanistan, in the northern areas of Sri Lanka as well as in States where the Government of India had to fight the Naxalite (Maoist) insurgency and in Manipur, Jammu and Kashmir, where extrajudicial killings, enforced disappearances and other forms of violence remained rampant, often left unpunished. In such a context, several States in the region continued to use the pretext of political instability and national security to increase the grip on fundamental freedoms, in particular through the use of security or emergency laws (India, Sri Lanka, Thailand, The Philippines). For example, in Thailand, in the context of the crackdown of anti-Government protests led by the so-called “Red shirt” movement, the Emergency Decree on Public Administration in Emergency Situation (2005) gave the authori- ties wide-ranging powers to arbitrarily interrogate, detain without charge and impose censorship. 266 ANNUAL REPORT 2011 Past and present human rights violations, including acts of torture, ill-treatment and extrajudicial killings, continued to be unpunished during 2010-2011 (Bangladesh, Indonesia, Nepal, Pakistan, Sri Lanka, The Philippines), while public confidence and trust in the judiciary contin- ued to erode in most Asian countries throughout the reporting period (Cambodia, Iran, Malaysia, Viet Nam). Corruption and political interfer- ence, information peddling, bribes and extortions affected the functioning of judicial bodies, which remained susceptible to outside influence and continued to be used as an instrument of repression. At the same time, the poor and the marginalised, including those involved in land disputes, continued to experience difficulties in obtaining justice from the judiciary. The space for freedom of opinion and expression continued to shrink during the reporting period and tolerance for dissenting voices and opinions decreased. Access to information remained heavily restricted, and attacks on and harassment of journalists, closure of and restrictions placed on news- papers and TV stations, and the filtering of Internet content, including the closure of websites, remained widespread (Bangladesh, Democratic People’s A SI Republic of Korea, China, Iran, Laos, Malaysia, Nepal, Sri Lanka, Thailand, A Viet Nam). The revolutions in the Middle East and North Africa also had an effect on the environment human rights defenders operated in, as they resulted in further restrictions on Internet, and on the use of mobile phones and social networking tools such as Facebook and Twitter. In addition, the responses of the authorities were extremely harsh to even the smallest signs of attempts to organise and act in favour of human rights (China, Iran). The Intergovernmental Commission on Human Rights (AICHR) of the Association of Southeast Asian Nations (ASEAN) held its inaugural meeting in Jakarta, Indonesia, from March 28 to April 1, 2010. At its first meeting, the Commission confirmed its view that it cannot consider indi- vidual complaints of human rights violations because it has yet to adopt its Rules of Procedures on how to address such submissions. Instead, the body only discussed procedural matters in its three meetings in 2010 and adopted the Guidelines of Operations of AICHR in its fourth meeting in February 2011. The Guidelines, as well as the full account of the decisions and agreements made at the meeting, had not been published as of April 2011. Although the Commission’s mandate calls for it to “develop strate- gies for the promotion and protection of human rights and fundamental1 freedoms to complement the building of the ASEAN community” , the body did not interpret this provision as extending to the ability to examine 1 / See Terms of Reference of the ASEAN Intergovernmental Commission on Human Rights, Jakarta, October 2009. 267 OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS individual cases of human rights violations. Moreover, Viet Nam’s chair- manship of the ASEAN and its new human rights mechanism in 2010, did not have any tangible positive effect on the domestic human rights situa- tion. On the contrary, human rights violations are said to have increased during this period. Awarding Chinese human rights defender Liu Xiaobo the Nobel Peace Prize in 2010, increased the recognition of human rights defenders and provided new hope and impetus to human rights defenders not only in China, but across Asia. Yet, the fact that he was prevented from attend- ing the award ceremony as he is currently serving an eleven-year prison sentence and that Chinese authorities censored all information concerning the award illustrate even more the plight human rights defenders continue to face, as violations of their rights remained widespread in 2010-2011. Indeed, while the primary responsibility to protect human rights defenders and to prosecute authors of violations against them lies with the States, they again often failed to do so in most countries of the region. Stigmatisation and use of legislation to restrict human rights activities and the working environment of human rights defenders In 2010-2011, Governments across the region continued to resort to legislative methods to further restrict human rights activities and the space available for human rights defenders (Bangladesh, Cambodia, China, Indonesia, Iran, Pakistan, Thailand, Viet Nam). Freedoms of association and expression also remained seriously hampered. In Cambodia, the adoption of ill-defined and restrictive laws gave rise to further concerns as a number of provisions of those laws and bills pave the way for more arbitrary adminis- trative and judicial harassment against human rights defenders. In China, the amendments to the Law on Guarding State Secrets that came into effect in October 2010, still make it possible that virtually any information can be considered State secret. In Iran, vaguely worded provisions of the Criminal Code and the interests of national security were frequently invoked to curtail human rights activities. Provisions relating to defamation, incitement and blasphemy laws continued to be used in Cambodia, Indonesia, Iran, Pakistan and Thailand to crack down on any criticism of the Government and local authorities. Emergency and security laws, in some cases in force for several decades, were still used by several Governments in Asia as a means to curb the activities of human rights defenders and to prosecute them on various criminal charges (India, Malaysia, Sri Lanka, Thailand). The right to peaceful assembly also continued to be restricted in a number of Asian countries (Bangladesh, Cambodia, China, Malaysia, 268 Thailand, Viet Nam) throughout 2010 and in early 2011, by means of ANNUAL REPORT 2011 further tightened legislation and through the denial of permits by the authorities, in some cases in breach of legislation in force. Additionally, law enforcement authorities often resorted to excessive use of force when dispersing peaceful demonstrations. In countries such as Laos, Viet Nam and the Democratic People’s Republic of Korea, systematic repression was again such that it renders impossi- ble any independent or organised human rights activity, and the defence of human rights was still not regarded as a legitimate activity in many other countries in the region. Indeed, human rights defenders were often arbitrarily labelled as “terrorists”, “insurgents”, “militants”, “belonging to leftists groups”, “anti-patriotic” or “acting against the country” in Iran, Nepal, Pakistan, Sri Lanka, The Philippines, Viet Nam, and faced the consequences of targeted smear and slandering campaigns that merely aim at discrediting their work. Such labelling also rendered human rights defenders vulnerable to further acts of harassment against them. Repression of human rights defenders and NGOs denouncing violations committed by security forces and impunity thereof A SI A Throughout the region, human rights defenders continued to face harsh consequences
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