Showing posts with label HRW. Show all posts
Showing posts with label HRW. Show all posts

Oct 10, 2009

Nobel Spotlights Need for Obama to Act on Rights - Human Rights Watch

Iran Awakening, Shirin Ebadi's memoir.Image via Wikipedia

Stand up for Persecuted Human Rights Activists; Shut Guantanamo
October 9, 2009

As a Nobel laureate, President Obama has a special responsibility to speak up for activists jailed and persecuted for promoting human rights. The president will honor his Nobel Prize when he puts a meaningful end to the debacle at Guantanamo, by trying or releasing all of the prisoners held there.

Kenneth Roth, executive director

(New York) - The award of the 2009 Nobel Peace Prize to US President Barack Obama should encourage him to apply his stated principles to both foreign and domestic human rights policy, Human Rights Watch said today.

The Nobel committee awarded the prize for "extraordinary efforts to strengthen international diplomacy and cooperation between peoples," and Obama said he would accept it "as an affirmation of American leadership on behalf of aspirations held by people in all nations." Human Rights Watch said Obama should now act decisively to end abuses in US counterterrorism policy, promote accountability for serious human rights crimes wherever they occur, and push for the protection of human rights defenders worldwide.

"As a Nobel laureate, President Obama has a special responsibility to speak up for activists jailed and persecuted for promoting human rights," said Kenneth Roth, executive director of Human Rights Watch. "The president will honor his Nobel Prize when he puts a meaningful end to the debacle at Guantanamo, by trying or releasing all of the prisoners held there."

Human Rights Watch said Obama should use his status and celebrity to protect human rights activists under threat or marginalized, including Nobel laureates Aung San Suu Kyi, the Dalai Lama, and Shirin Ebadi, and other reported candidates for the prize such as the Chinese dissidents Hu Jia, Liu Xiaobo, Gao Zhisheng and Chen Guangcheng, the Egyptian opposition leader Ayman Nour, and the Russian human rights group Memorial.

Obama, who said the prize "must be shared with everyone who strives for justice and dignity," spoke of "the young woman who marches silently in the streets on behalf of her right to be heard even in the face of beatings and bullets; for the leader imprisoned in her own home because she refuses to abandon her commitment to democracy." The latter was a reference to Aung San Suu Kyi, the Burmese leader who has been jailed or under house arrest for almost two decades.

However, Human Rights Watch said Obama - who was recently unwilling to meet the Dalai Lama - should push for a vigorous public discussion of Tibet during his Beijing visit in November.

Obama should also institute real reforms on counterterrorism issues, Human Rights Watch said. The president signaled his clear intention to repudiate the Bush administration's abusive legacy on his second full day in office by announcing the shutdown of CIA "black sites" and the planned closure of the military prison at Guantanamo. But he later backtracked significantly from his promise of reform by resurrecting the failed system of military commissions and suggesting that his administration would continue to hold some prisoners in preventive detention.

Human Rights Watch said Obama should end the practice of arbitrary detention by abolishing Guantanamo. Simply moving the prisoners from Cuba to the United States, as his administration has signaled it may do, will not solve the problem, but rather give it a new name.

US counterterrorism abuses had been a boon to terrorist recruiters and a key irritant in relations between the United States and the Muslim world, Human Rights Watch said. By eliminating these abuses - and bringing to justice those responsible for such abuses - Obama's reforms would lessen the likelihood of future conflict.

The Obama administration has strongly defended the principles of international justice as applied to Congo, Kenya, and Sudan, but changed its position when the UN Goldstone report urged investigation of Israel and Hamas for possible war crimes. Human Rights Watch urged Obama to apply those principles to all parties, regardless of whether they are US allies or not.

"Justice is a critical component for lasting peace, because impunity for perpetrators of serious crimes fuels further violence," Roth said. "President Obama should use his leadership to press for justice for all victims of human rights abuses, wherever they live."

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Sep 3, 2009

Denied Dignity - Human Rights Watch

Systematic Discrimination and Hostility toward Saudi Shia Citizens
September 3, 2009

This 32-page report documents the sharpest sectarian tensions in the kingdom in years, set off by clashes between Shia pilgrims and religious police in Medina in February 2009, followed by arbitrary arrests of Shia protesters in the Eastern Province in March. The closing of private Shia halls for communal prayer in Khobar, which began in July 2008 and the arrests of Shia religious and community leaders in Ahsa' in 2009 also have contributed to the tensions.

Read the Report
ISBN: 1-56432-536-9
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Aug 18, 2009

“They Want Us Exterminated” — Murder, Torture, Sexual Orientation and Gender in Iraq

“They Want Us Exterminated” — Murder, Torture, Sexual Orientation and Gender in Iraq
Source: Human Rights Watch

This 67-page report documents a wide-reaching campaign of extrajudicial executions, kidnappings, and torture of gay men that began in early 2009. The killings began in the vast Baghdad neighborhood of Sadr City, a stronghold of Moqtada al-Sadr’s Mahdi Army militia, and spread to many cities across Iraq. Mahdi Army spokesmen have promoted fears about the “third sex” and the “feminization” of Iraq men, and suggested that militia action was the remedy. Some people told Human Rights Watch that Iraqi security forces have colluded and joined in the killing.

Aug 14, 2009

Burma Army Attacks Displace Thousands of Civilians

August 14, 2009

(New York) - Burmese army attacks against ethnic Shan civilians in northeastern Burma have displaced more than 10,000 people in the past three weeks, Human Rights Watch said today. Human Rights Watch called on Burma's military government to immediately end attacks against civilians and other violations of international humanitarian law.

Following democracy leader Aung San Suu Kyi's sentence this week to return to house arrest on August 11, Human Rights Watch reiterated its call to the United Nations Security Council to impose an arms embargo on Burma and to create a commission of inquiry to investigate possible war crimes and crimes against humanity by all parties to the fighting in Burma's ethnic minority areas.

"While the world has been focused on the trial of Aung San Suu Kyi, Burmese troops have been battering civilians as part of the military government's longstanding campaign against ethnic minorities," said Brad Adams, Asia director at Human Rights Watch. "These attacks in Shan state should remind the international community that in addition to the persecution of the Burmese political opposition, Burma's ethnic minorities are systematically marginalized and brutalized by the Burmese government and army."

According to credible reports by Shan human rights groups, the Burmese army, or Tatmadaw, has deployed seven army battalions to clear civilians from large areas of Laikha township and parts of Mong Kerng township in central Shan state between July 27 and August 1. Troops have reportedly burned down more than 500 houses as they attacked 39 villages in the area. Human Rights Watch believes this recently scaled-up forced relocation operation is part of an intensified counterinsurgency campaign, as Tatmadaw units attack the Shan State Army-South (SSA-S), an insurgent armed group that operates in the area. The SSA-S has been conducting deadly ambushes regularly for years and on July 15, SSA-S forces attacked the 515th Light Infantry Battalion in Laikha, killing 11 Tatmadaw soldiers. There are reports that many of the displaced civilians are moving toward the Thailand-Burma border.

The Thailand-Burma Border Consortium annual internal displacement survey reports that more than 13,000 civilians were displaced in 2008 in Laikha and surrounding townships because of increased Tatmadaw operations against the SSA-S. This follows years of similar operations. Between 1996 and 1998, the Tatmadaw effectively cleared central Shan state of its civilian population. Burmese army forces have been responsible for deliberate attacks on civilians, summary executions, rape, torture, destruction and forced relocation of villages, and use of child soldiers and forced labor. More than 350,000 civilians were forcibly displaced during that campaign, many of them becoming refugees in neighboring Thailand.

"While the Burmese Army flouts the laws of war, Shan civilians pay the price," said Adams. "The ongoing Burmese army attacks in Shan state demonstrate the vicious modus operandi of the Tatmadaw and its disdain for the lives and well-being of civilians."

Recent attacks by the Tatmadaw and their proxy forces, the Democratic Karen Buddhist Army, forced some 5,000 ethnic Karen across the border into Thailand in June. The civilians, mostly women and children, were fleeing fighting, forced labor, and the widespread sowing of landmines.

According to the Thailand-Burma Border Consortium's annual survey, nearly half a million people are internally displaced in eastern Burma, either in government relocation sites, within non-state armed groups ceasefire zones, or in so-called free-fire areas highly vulnerable to Tatmadaw patrols that maintain an unlawful "shoot on sight" policy against civilians. Human Rights Watch has documented abuses against civilians in ethnic areas of Karen state in eastern Burma and in Chin state in western Burma. Abuses such as extrajudicial killings, torture and beatings, and confiscation of land and property continue with impunity.

There are more than 140,000 Burmese refugees along the Thailand border in nine temporary refugee camps. Although 50,000 refugees have been resettled to third countries like the United States, Norway, and Canada, more refugees continue to arrive, fleeing the armed conflict in eastern Burma.

Thailand does not recognize people from Shan state as refugees, and refuses to permit the establishment of refugee camps for ethnic Shan, fearing a larger influx of civilians fleeing repression from northeastern Burma. Instead, those Shan who reach Thailand eke out an existence as migrant workers, often without legal status. Human Rights Watch called on the government of Thailand to offer sanctuary to refugees fleeing abuses in Shan state in accordance with international law. Although Thailand is not a party to the 1951 Refugee Convention or its 1967 Protocol, it is bound by the customary international law prohibition against returning people to countries where they face persecution.

Human Rights Watch reiterated its calls to the United Nations Security Council to establish a commission of inquiry into alleged war crimes and crimes against humanity in Burma and to pursue a comprehensive arms embargo against Burma. Human Rights Watch said that Burma should become a regular topic for discussion on the Security Council agenda, to pressure the Burmese government to respect basic freedoms of its citizens and continue to inform Security Council members of its progress. Security Council Resolution 1674 on the protection of civilians in armed conflict states that "peace and security, development and human rights are the pillars of the United Nations and the foundations for collective security."

A May 2009 report by the International Human Rights Clinic at Harvard Law School, "Crimes in Burma", reviewed United Nations human rights reports for several years and concluded that human rights abuses are widespread, systematic, and part of state policy. The report, endorsed by five eminent international jurists, cited cases of forced relocation, sexual violence, extrajudicial killings, and torture. It similarly called for a commission of inquiry to be established by the Security Council to investigate potential crimes against humanity and war crimes in Burma.

Human Rights Watch said an arms embargo could stop the supply of weapons, military assistance, and technology that enable continued attacks against civilians in ethnic conflict areas. China and Russia, both of whom supply weapons to Burma, are the military government's main diplomatic supporters and continue to block stronger international action against the ruling junta.

On August 13, the UN Security Council issued a weak press statement on Burma that both "reiterate[s] the importance of the release of all political prisoners," but also affirms Security Council members' "commitment to the sovereignty and territorial integrity" of Burma.

"The UN Security Council should end its inaction and authorize a commission of inquiry into human rights abuses and enforce an arms embargo," said Adams. "This will not happen unless China and Russia stop protecting Burma's generals."

Aug 10, 2009

Malaysia: Drop Sedition Charges Against Parliamentarian

Repeal Sedition Act, Used as Political Weapon
August 10, 2009

(New York) - Malaysia's attorney general should immediately drop politically motivated sedition charges against Karpal Singh, a prominent lawyer and opposition member of parliament, Human Rights Watch said today. His trial is to begin on August 12, 2009. Human Rights Watch also urged the government to repeal without delay the colonial-era Sedition Act 1948, long used selectively against the government's political opponents.

On March 17, the government charged Karpal, national chairman of the opposition Democratic Action Party, under Section 4 (1)(b) of the Sedition Act. He is accused of using "seditious words" in a February 6 comment to journalists that the legality of a decision to return control of Perak's state government to Malaysia's ruling coalition could be questioned in court. Karpal has pleaded not guilty and is free on bail. If found guilty, Karpal faces up to three years in prison or a fine of up to RM5,000 [US$1,400] or both. As of April, 45 prosecution witnesses were due to take the stand.

"These sedition charges against Karpal are utterly baseless," said Elaine Pearson, deputy Asia director at Human Right Watch. "This is just an excuse to remove a powerful political opponent."

Perak was one of five states won, albeit by a razor-thin majority, by opposition candidates who worked in concert to defeat the ruling National Front (Barisan Nasional or BN) coalition in the March 2008 national elections. After several Perak assembly members crossed over to join the BN in January and February 2009, BN regained a majority. Rather than dissolve the state assembly and call for new elections, Sultan Azlan Shah decided in favor of BN, prompting Karpal's call for a court hearing. Suits related to the legitimacy of the newly constituted assembly are still in contention.

This is the second time Karpal has been charged under the Sedition Act. During his 2001 defense of Anwar Ibrahim against corruption charges in 2001, Karpal stated that Anwar's failing health in detention was "due to a high-level conspiracy to poison him with arsenic." The police charged Karpal with sedition, though then-Attorney General Abdul Gani Patail later withdrew the charges.

The Sedition Act defines "seditious tendency" as, "a tendency to bring into hatred or contempt or to excite disaffection against any ruler or against any government ... to raise discontent or disaffection among the subjects of the Yang di-Pertuan Agong [the Malaysian monarch] or of the ruler of any state ... (or) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by" certain articles in the Federal Constitution.

Article 181 of the constitution provides that no ruler may be charged in his official capacity in a court of law. Karpal did not suggest that charges should be brought against the sultan but suggested that his decision was subject to judicial review. The Sedition Act states that it is not seditious to "show that any ruler has been misled or mistaken in any of his measures."

BN, which has ruled Malaysia since independence, relies on the Sedition Act as well as the Internal Security Act to repress free expression and assembly to silence and punish its critics.

Human Rights Watch urges that such laws be repealed or reviewed to conform to international standards.

"It's a fallacy to suggest Malaysia needs laws that violate basic rights in order to maintain a peaceful and harmonious society," said Pearson. "Malaysians have time and again proven themselves capable of exercising the basic democratic rights to which they are entitled. It's time their government listened."

Rights Group Criticizes Saudi Arabia's Al Qaeda Reeducation Program

| Correspondent of The Christian Science Monitor

Saudi Arabia's much praised rehabilitation program for terror suspects is under fire from the US-based Human Rights Watch because its participants are detained for lengthy periods without charges.

The program – a key part of Saudi Arabia's counterterrorism campaign – relies on preventive efforts to teach detained men that terrorism is un-Islamic. But since most of the detainees haven't been convicted of any crime, it violates international law, the group argues in a report released Monday.

"Except as part of a sentence imposed after conviction for a crime, international human rights law does not permit the detention of persons to undergo a reeducation program," the report says. Such programs "cannot be forced upon persons whose guilt has not been established."

Rehab program praised by US

The program has drawn praise from US and Saudi officials who argue that conventional policing alone is insufficient to control Islamist militants.

While the program "may deserve credit for its intentions, innovations, and apparently low rate of acts of violence pursued by those released," Human Rights Watch says, those extolling it overlook that its enrollees "were not convicted criminals but rather men held in long-term detention without charge."

The report also says that the convictions of 330 Al Qaeda terror suspects announced by Saudi Arabia in July were "flawed" because the trials were held in secret. It criticizes the Saudi Interior Ministry for detaining thousands of suspects for years without charges, and in some cases, refusing to comply with court orders to release prisoners.

Gen. Mansour Turki, spokesman for the Interior Ministry, said in an e-mail that he was unable to comment on the report until he had discussed it with ministry officials. An e-mail seeking comment to the Ministry of Justice spokesman went unanswered.

Indefinite detention is 'wrong'

Saudi human rights activist Mohammad Al Qahtani praised the report because "it documented the process of arresting people in indefinite detention." He disagreed with the protestation of a Saudi official quoted in the report, who said that public trials for terrorism suspects are unsuited to Saudi Arabia's tribal society.

"This is very wrong," said Mr. Qahtani. "A modern society should apply the law. This is an excuse to get away with illegal things. It doesn't make sense to hold secret tribunals."

The program has not been without its problems. In January of this year, Saudi Arabia disclosed that 11 graduates of the program, some of whom had previously been detained at the US prison camp in Guantánamo, Cuba, have been re-arrested for joining militant groups. Still, US Director of National Intelligence Dennis Blair described the program in glowing terms in a memo to the Senate Intelligence Committee earlier this year, calling it "the most comprehensive of its kind [designed] to address the religious, psychological, and socio-economic issues that contribute to radicalization."

The Human Rights Watch report follows a July 21 study by Amnesty International that alleged Saudi Arabia's counterterrorism campaign led to increased human rights violations.

One response to 2003 attacks

Saudi Arabia was rocked by a wave of violence from Al Qaeda extremists in 2003 and 2004 that left 74 security personnel and 90 civilians dead, according to Prince Nayef bin Abdul Aziz, Saudi interior minister. Another 1,096 persons were injured.

The government responded with mass arrests. An unknown but large number of the 9,000 civilians detained since 2003 are still held, though Saudi law stipulates that six months is the longest a person can be jailed without charges. Some detainees are held even after the rehabilitation program or Saudi courts recommend their release.

The rehabilitation program began in 2004. Using psychological and religious counseling, it aims to convince prisoners to abandon what Saudi officials call the "deviant" or "misguided" beliefs that led them into extremist groups.

Saudi officials have said the program is voluntary but also acknowledge that completing it is a condition, though not a guarantee, for a prisoner's release.

Half-way house added

In 2007, a second component to the program was added with a half-way house to ease prisoners back into society. Of the 270 detainees who went through this part of the program, 117 were former inmates at the US-run Guantánamo Bay detention camp.

The latest Human Rights Watch report also criticizes the lack of information about the trials of 330 terror suspects. "The absence of public observers at these trials cast significant doubt on their fairness, underlined by indications that defendants do not have legal assistance and adequate time and facilities to prepare a defense," the report says.

Aug 4, 2009

India: Overhaul Abusive, Failing Police System

August 4, 2009

India is modernizing rapidly, but the police continue to use their old methods: abuse and threats. It’s time for the government to stop talking about reform and fix the system.

Brad Adams, Asia director

(Bangalore) - The Indian government should take major steps to overhaul a policing system that facilitates and even encourages human rights violations, Human Rights Watch said in a report released today. For decades, successive governments have failed to deliver on promises to hold the police accountable for abuses and to build professional, rights-respecting police forces.

The 118-page report, "Broken System: Dysfunction, Abuse and Impunity in the Indian Police," documents a range of human rights violations committed by police, including arbitrary arrest and detention, torture and extrajudicial killings. The report is based on interviews with more than 80 police officers of varying ranks, 60 victims of police abuses, and numerous discussions with experts and civil society activists. It documents the failings of state police forces that operate outside the law, lack sufficient ethical and professional standards, are overstretched and outmatched by criminal elements, and unable to cope with increasing demands and public expectations. Field research was conducted in 19 police stations in Uttar Pradesh, Karnataka, Himachal Pradesh, and the capital, Delhi.

"India is modernizing rapidly, but the police continue to use their old methods: abuse and threats," said Brad Adams, Asia director at Human Rights Watch. "It's time for the government to stop talking about reform and fix the system."

A fruit vendor in Varanasi described how police tortured him to extract confessions to multiple, unrelated false charges:

"[M]y hands and legs were tied; a wooden stick was passed through my legs. They started beating me badly on the legs with lathis (batons) and kicking me. They were saying, ‘You must name all the members of the 13-person gang.' They beat me until I was crying and shouting for help. When I was almost fainting, they stopped the beating. A constable said, ‘With this kind of a beating, a ghost would run away. Why won't you tell me what I want to know?' Then they turned me upside down... They poured water from a plastic jug into my mouth and nose, and I fainted."

Read additional accounts from victims of police abuse.

Several police officers admitted to Human Rights Watch that they routinely committed abuses. One officer said that he had been ordered to commit an "encounter killing," as the practice of taking into custody and extra-judicially executing an individual is commonly known. "I am looking for my target," the officer said. "I will eliminate him. ... I fear being put in jail, but if I don't do it, I'll lose my position."

Almost every police officer interviewed by Human Rights Watch was aware of the boundaries of the law, but many believed that unlawful methods, including illegal detention and torture, were necessary tactics of crime investigation and law enforcement.

The Indian government elected in May has promised to pursue police reforms actively. Human Rights Watch said that a critical step is to ensure that police officers who commit human rights violations, regardless of rank, will face appropriate punishment.

"Police who commit or order torture and other abuses need to be treated as the criminals they are," said Adams. "There shouldn't be one standard for police who violate the law and another for average citizens."

Human Rights Watch also said that while not excusing abuses, abysmal conditions for police officers contribute to violations. Low-ranking officers often work in difficult conditions. They are required to be on-call 24 hours a day, every day. Instead of shifts, many work long hours, sometimes living in tents or filthy barracks at the police station. Many are separated from their families for long stretches of time. They often lack necessary equipment, including vehicles, mobile phones, investigative tools and even paper on which to record complaints and make notes.

Police officers told Human Rights Watch that they used "short-cuts" to cope with overwhelming workloads and insufficient resources. For instance, they described how they or others cut caseloads by refusing to register crime complaints. Many officers described facing unrealistic pressure from their superiors to solve cases quickly. Receiving little or no encouragement to collect forensic evidence and witness statements, tactics considered time-consuming, they instead held suspects illegally and coerced them to confess, frequently using torture and ill-treatment.

"Conditions and incentives for police officers need to change," Adams said. "Officers should not be put into a position where they think they have to turn to abuse to meet superiors' demands, or obey orders to abuse. Instead they should be given the resources, training, equipment, and encouragement to act professionally and ethically."

"Broken System" also documents the particular vulnerability to police abuse of traditionally marginalized groups in India. They include the poor, women, Dalits (so-called "untouchables"), and religious and sexual minorities. Police often fail to investigate crimes against them because of discrimination, the victims' inability to pay bribes, or their lack of social status or political connections. Members of these groups are also more vulnerable to arbitrary arrest and torture, especially meted out by police as punishment for alleged crimes.

Colonial-era police laws enable state and local politicians to interfere routinely in police operations, sometimes directing police officers to drop investigations against people with political connections, including known criminals, and to harass or file false charges against political opponents. These practices corrode public confidence.

In 2006, a landmark Supreme Court judgment mandated reform of police laws. But the central government and most state governments have either significantly or completely failed to implement the court's order, suggesting that officials have yet to accept the urgency of comprehensive police reform, including the need to hold police accountable for human rights violations.

"India's status as the world's largest democracy is undermined by a police force that thinks it is above the law," said Adams. "It's a vicious cycle. Indians avoid contact with the police out of fear. So crimes go unreported and unpunished, and the police can't get the cooperation they need from the public to prevent and solve crimes."

"Broken System" sets out detailed recommendations for police reform drawn from studies by government commissions, former Indian police, and Indian groups. Among the major recommendations are:

  • Require the police to read suspects their rights upon arrest or any detention, which will increase institutional acceptance of these safeguards;
  • Exclude from court any evidence police obtain by using torture or cruel, inhuman, or degrading treatment in suspect interrogations;
  • Bolster independent investigations into complaints of police abuse and misconduct through national and state human rights commissions and police complaints authorities; and
  • Improve training and equipment, including strengthening the crime-investigation curriculum at police academies, training low-ranking officers to assist in crime investigations, and providing basic forensic equipment to every police officer.

Selected Accounts from ‘Broken System'

"She was kept in the police station all night. In the morning, when we went to meet her, they said she had killed herself. They showed us her body, where she was hanging from a tree inside the police station. The branch was so low, it is impossible that she hanged herself from it. Her feet were clean, although there was wet mud all around and she would have walked through it to reach the tree. It is obvious that the police killed her and then pretended she had committed suicide."

- Brother-in-law of Gita Pasi, describing her death in police custody in Uttar Pradesh in August 2006

"We have no time to think, no time to sleep. I tell my men that a victim will only come to the police station because we can give him justice, so we should not beat him with a stick. But often the men are tired and irritable and mistakes take place."

- Gangaram Azad, a sub-inspector who heads a rural police station in Uttar Pradesh state

"They say, ‘investigate within 24 hours,' but they never care about how I will do [that]; what are the resources. ... There is use of force in sensational cases because we are not equipped with scientific methods. What remains with us? A sense of panic surrounds our mind that if we don't come to a conclusion we will be suspended or face punishment. We are bound to fulfill the case, we must cover the facts in any way."

- Subinspector working near Varanasi, Uttar Pradesh

"Often, it is our superiors who ask us to do wrong things. It is hard for us to resist. I remember, one time, my officer had asked me to beat up someone. I said that the man would be refused bail and would rot in jail and that was enough punishment. But that made my officer angry."

- Constable in Uttar Pradesh

"With all the mental stress, the 24-hour law-and-order duty, the political pressure, a person may turn to violence. How much can a person take? ... We have to keep watch on an accused person, their human rights, but what about us? Living like this 24 hours. We are not claiming that our power makes us born to work all the times. Sometimes we beat or detain illegally, because our working conditions, our facilities are bad. So we are contributing to creating criminals, militants."

- Inspector in charge of a police station in Kangra, Himachal Pradesh

Aug 3, 2009

Iranian Targeted by Onetime Associates

By Tara Bahrampour
Washington Post Staff Writer
Monday, August 3, 2009

In the early days of the Islamic Republic of Iran, Saeed Hajjarian advised the hostage-takers at the U.S. Embassy. During the Iran-Iraq war, he helped establish the much-feared Ministry of Intelligence. Then he turned in a democratic direction, running reformist newspapers and serving as a political adviser to President Mohammad Khatami. In 2000 a gunman aligned with a hard-line government faction shot him in the face, leaving him partially paralyzed and dependent on medication.

And for the past six weeks, Hajjarian, 55, has languished in prison, a key target of the apparatus he helped create.

"He is a great symbol of what the Islamic republic does to its own," said Farideh Farhi, an Iran specialist at the University of Hawaii who first met Hajjarian in the 1990s. "Obviously, today, some in the Intelligence Ministry think he was the brain behind [opposition presidential candidate Mir Hossein] Mousavi's campaign." Hajjarian's arrest, she added, "suggests his continued significance as a reflection of what the hard-liners most fear."

Hajjarian was arrested three days after the disputed June 12 presidential election, along with thousands of other people. Family members said his medications for problems such as seizures and motor control have been administered erratically, which could lead to brain damage or death. After a visit last week, his wife, a doctor, described him as depressed and tearful, and said he has been interrogated in direct sunlight in temperatures of more than 100 degrees and doused with ice water, affecting his heart rate dangerously.

On Thursday, two days after a Human Rights Watch report described his "deteriorating" condition, officials said Hajjarian had been moved to a "state-owned house" with "suitable" medical facilities. His wife, in an interview, said she had not seen the house or been told anything about it.

Iran on Saturday put 100 political activists and others on trial for conspiring to topple the government, and added 10 defendants on Sunday. The opposition's Mousavi alleged that the government had used "medieval torture" to force confessions from the accused.

Hajjarian, who has not yet been tried, had not been particularly active in the lead-up to the election, though he supported Mousavi. But recent articles in the press aligned with the government have listed him as leading a push for democratic reform.

"In the viewpoint of the Iranian government, transition to democracy is a crime, and democracy is equal to evil, and it is a Western term," said Mohsen Kadivar, a reformist cleric who worked with Hajjarian in Iran and is now a visiting professor at Duke University. "So all those figures that try to democratize their country, they have committed a big crime."

Hajjarian, who grew up in a poor section of Tehran, is described by friends as having a dour face but a sharp sense of humor. Like the revolution itself, he seemed to mature from strident youthful ideology into a middle-aged complexity and thoughtfulness. His transformation echoes that of many revolutionaries who coalesced around Ayatollah Ruhollah Khomeini in the 1980s but later moved toward reform.

The end of the 1980s Iran-Iraq war came as a shock to many who had believed in Khomeini's vows to bring down Iraqi leader Saddam Hussein at any cost, said Ahmad Sadri, chair of Islamic world studies at Lake Forest College, who first met Hajjarian in 1992.

"The mentality of the revolutionaries was that this was the dawn of a new age, that this revolution . . . is steadfast, it is non-compromising," he said. When the war ended with no clear victory for either side, "a light went off in their minds and they realized they had been wrong all along about a lot of things, including mixing religion and politics, and that the world of politics is a world of compromise."

After Khomeini's death, when Ayatollah Ali Khamenei ascended to power as Iran's supreme leader, leftists such as Hajjarian and Mohammad Khatami were sidelined. That, analysts said, gave them time to lick their wounds and turn to studying, many moving in more secular directions.

They formed intellectual circles. They started journals. Hajjarian, working on a PhD in political science at Tehran University, pursued the idea of a transition to democracy and advocated pressuring the government from below while striking bargains at the top.

"He's a thinker," said Bill Berkeley, a former New York Times editorial writer who has interviewed Hajjarian for an upcoming book about the hostage-takers. "He had the feeling the revolution had lost its way and gone off the track. He told me war was a bad way to build democratic institutions; he attributes the authoritarian direction that the revolution ended up taking to the Iran-Iraq war."

Hajjarian espoused a democratic interpretation of Islam, said Kadivar, who during Khatami's tenure was Islamic deputy of the Center for Strategic Studies, an Iranian think tank, while Hajjarian was its political deputy. "I remember he said the leader and president is like the employee of the citizen, and the citizen is like the owner of the land. And they rent out to the president or the supreme leader as their workers, so the workers should do as they tell them."

Such ideas, in a system where the word of the supreme leader is considered divine, can be deadly. Analysts say Hajjarian may have been targeted for assassination because he used his insider knowledge to accuse the Intelligence Ministry of a string of killings of intellectuals in the late 1990s.

After recovering from a coma, Hajjarian was physically disabled, but his mental capacities were unharmed. Analysts said the government has targeted him now not for any particular activity but because of his symbolic importance. They said some in the government hope to force a confession of conspiring against the state, an accusation also leveled against other arrested reformists.

"I think it's kind of a terror tactic, to scare people, by showing that even a guy like Hajjarian could be forced to confess," Berkeley said. "If he died [in prison], it would be a debacle for the regime. But if he survives and confesses, that might be something that would be considered an asset."

It could also backfire.

"They have overused this tactic," Farhi said. "Now people will just say that he was forced to do it and further turn their anger against the government."

Special correspondent Kay Armin Serjoie contributed to this report.

Jul 30, 2009

Greece: Halt Crackdown, Arrests of Migrants

July 27, 2009

Greek authorities are arresting large numbers of migrants and asylum seekers in the country's cities and islands and moving many of them to the north, raising fears of illegal expulsions to Turkey, Human Rights Watch said today.

Human Rights Watch received reports from a credible source that, in mid-July 2009, police transferred a group of Arabic-speaking people from Chios Island to the Evros border region, where they were secretly forced to cross the border into Turkey. On July 23, local human rights activists prevented authorities from transferring 63 migrants from Lesvos Island to the north by blocking access to the ferry. On July 25, the police took most of them to Athens under heavy police escort.

"These operations and transfers are very worrying," said Bill Frelick, refugee policy director at Human Rights Watch. "We fear that people are being prevented from seeking asylum, that children arriving alone are not being protected, and that migrants are kept in unacceptable detention conditions and possibly even being secretly expelled to Turkey."

In another recent episode, in a large-scale police operation from July 16 to 18, police in Athens surrounded what appeared to be several hundred migrants and locked them inside an abandoned courthouse. The police arrested anyone who left the building. It is feared that some of them may have needed protection and did not have a chance to file a claim for asylum, the police prevented Human Rights Watch from speaking to the people held inside, and Human Rights Watch does not know the whereabouts of those who were arrested when they tried to leave.

In a November 2008 report, "Stuck in a Revolving Door: Iraqis and Other Asylum Seekers and Migrants at the Greece/Turkey Entrance to the European Union," Human Rights Watch documented how Greek authorities have systematically expelled migrants illegally across the Greece-Turkey border, in violation of many international legal obligations. These "pushbacks" typically occur at night from detention facilities in the northern part of the country, close to the Turkish border, and they involve considerable logistical preparation. Human Rights Watch at that time interviewed 41 asylum seekers and refugees - all privately and confidentially - in various locations in both Greece and Turkey, who gave consistent accounts of Greek authorities taking them to the Evros River at night and then forcing them across.

Human Rights Watch also documented how Greek authorities miscategorize unaccompanied children as adults and detain them for prolonged periods of time in conditions that could be considered inhumane and degrading. (See the December 2008 report, "Left to Survive: Systematic Failure to Protect Unaccompanied Migrant Children in Greece.")

In yet another recent incident, on July 12, police destroyed a makeshift migrant camp in Patras, on the Peloponnese peninsula. In the days before the camp was destroyed, the police reportedly arrested large numbers of migrants there, and according to credible sources, transferred an unknown number to the northern part of the country. On July 17, Human Rights Watch met with several Afghans in Patras, including 12 unaccompanied migrant children now homeless as a result of this operation, who were in hiding in abysmal conditions out of fear of being arrested.

A 24-year-old man told Human Rights Watch: "We're living like animals in the jungle ... we can't take a shower and we don't have proper food ... before I lived in the camp, but all of my things and clothes were burned. Now I have a shirt and a pair of pants, nothing else."

A 14-year-old Afghan boy who arrived in Greece one year earlier said: "The worst situation during the past year is now, in Patras - now that I'm living in this forest .... There's not enough food and we only eat bread with water."

Human Rights Watch also observed on July 17 how more than 1,000 migrants lined up all night, largely in vain, trying to file asylum applications at Athens' main police station. Greece recognizes as few as 0.05 percent of asylum seekers as refugees at their first interview and passed a law at the end of June that abolishes a meaningful appeals procedure, making it virtually impossible for anyone to obtain refugee status. It also extended the maximum length of administrative detention for migrants to 12 months - and under certain circumstances, up to 18 months - from previously 90 days.

"It appears Greece is doing everything it can to close the door on persons who seek protection in Europe, no matter how vulnerable they are," said Frelick. "The European Union must hold Greece accountable for acts contrary to international and European human rights and refugee law, and it needs to act fast, as the lives of many are at risk."

Syria: No Exceptions for ‘Honor Killings’

July 28, 2009

(Beirut) - The Syrian government should treat all murders alike and not make exceptions for so-called "honor killings," Human Rights Watch said today. On July 1, 2009, President Bashar al-Assad abolished Article 548 of the Penal Code, which had waived punishment for a man found to have killed a female family member in a case "provoked" by "illegitimate sex acts," as well as for a husband who killed his wife because of an extramarital affair. The article also lowered penalties if a killing was found to be based on a "suspicious state" concerning a female family member. The article that replaced it still allows for mitigated punishment for "honor killings," but requires a sentence of at least two years.

"Two years is better than nothing, but it is hardly enough for murder," said Nadya Khalife, Middle East and North Africa women's rights researcher at Human Rights Watch. "The Syrian government should punish all murders alike - no exceptions."

The new text of Article 548 reads: "He who catches his wife, sister, mother or daughter by surprise, engaging in an illegitimate sexual act and kills or injures them unintentionally must serve a minimum of two years in prison." In the previous text, the killer benefited from a complete "exemption of penalty".

Syria does not maintain definitive data on these killings, usually by family members who consider the woman to have done something to shame the family or harm its reputation. On March 29, 2006, Al-Thawra newspaper reported an estimate of about 40 such killings a year. The Syrian Women Observatory, an independent Syrian website that addresses discrimination against women, estimates that there are nearly 200 such killings each year. If this figure is correct, on average, 16 Syrian women are killed by relatives every month, in a country with a population of approximately 18 million.

In 2008, the National Forum on Honor Crimes, sponsored by the Syrian Commission for Family Affairs (SCFA) in cooperation with the Ministry of Justice and the Ministry of Religious Endowments, set out a number of key recommendations, including repealing Article 548. It also recommended amending Article 192, which states that if a killing was based on an honorable intent, the judge has a number of options for reduced sentences, including short-term detention or imprisonment.

"The recommendations set out at the National Forum showed the government the way forward," said Khalife. "But there is a long way to go to rid Syria of this vicious practice."

Another article, 242, allows a judge to reduce the punishment both of men and women in cases in which a murder is committed in rage and motivated by an illegal act provoked by the victim. Extra-marital affairs are illegal in Syria.

"You cannot abolish one penal code provision that protects these killers and leave others intact." Khalife said. "Article 548 was a start. Now the government needs to reform all the articles in the criminal code that treat those who say they kill for ‘honor' differently from other murderers."

Jul 27, 2009

Rape of the Congo

By Adam Hochschild

As if eastern Congo had not already suffered enough, seven years ago Nature dealt it a stunning blow. The volcano whose blue-green bulk looms above the dusty, lakeside city of Goma, Mount Nyiragongo, erupted, sending a smoking river of lava several hundred yards wide through the center of town and sizzling into the waters of Lake Kivu. More than 10,000 homes were engulfed. Parts of the city, which is packed with displaced people, are still covered by a layer of purplish rock up to twelve feet thick.

Far greater destruction has come from more than a decade of a bewilderingly complex civil war in which millions have died. First, neighboring Uganda and Rwanda supported a rebel force under Laurent Kabila that overthrew longtime dictator Mobutu Sese Seko in 1997. Soon after, Kabila fell out with his backers, and later Uganda and Rwanda fell out with each other. Before long, they and five other nearby nations had troops on Congo's soil, in alliance either with the shaky national government in Kinshasa or with a mushrooming number of rival ethnic warlords, particularly here in the mineral-rich east. Those foreign soldiers are almost all gone now, but some fighting between the government and remaining rebel groups continues. For two weeks in June, I had the chance to observe the war's effects, with the best of possible traveling companions: Anneke Van Woudenberg, senior researcher for Human Rights Watch, whose reports have been an authoritative source of information on the country for years.



No one has been harder hit than Congo's women, for almost all the warring factions have used rape as a calculated method of sowing terror. An hour and a half southwest of Goma on bone-jolting roads stand several low buildings of planks and adobe; small bleating goats wander about and a cooking fire burns on one dirt floor. There is no electricity. A sign reads Maison d'Écoute (Listening House). The office of the forty-two-year-old director, whom I will call Rebecca Kamate, extends from the side of one of the buildings; its other three walls are of thin green tarpaulin with a UNICEF emblem, through which daylight filters. The floor is gravel. Kamate pulls out a hand-written ledger to show to Anneke, her colleague Ida Sawyer, and me. Ruled columns spread across the page: date, name, age of the victim, and details—almost all are gang rapes, by three to five armed men. Since the center started, it has registered 5,973 cases of rape. The ages of the victims just since January range from two to sixty-five. On the ledger's most recent page, the perpetrators listed include three different armed rebel groups—plus the Congolese national army.

"What pushed me into this work," says Kamate, speaking softly in a mixture of Swahili and hesitant French, "is that I am also one who was raped." This happened a decade ago; the rapists were from the now-defunct militia of a local warlord backed by Uganda. "Their main purpose was to kill my husband. They took everything. They cut up his body like you would cut up meat, with knives. He was alive. They began cutting off his fingers. Then they cut off his sex. They opened his stomach and took out his intestines. When they poked his heart, he died. They were holding a gun to my head." She fought her captors, and shows a scar across the left side of her face that was the result. "They ordered me to collect all his body parts and to lie on top of them and there they raped me—twelve soldiers. I lost consciousness. Then I heard someone cry out in the next room and I realized they were raping my daughters."

The daughters, the two oldest of four girls, were twelve and fifteen. Kamate spent some months in the hospital and temporarily lost her short-term memory. "When I got out I found these two daughters were pregnant. Then they explained. I fainted. After this, the family [of her husband] chased me away. They sold my house and land, because I had had no male children." From time to time Kamate stops, her wide, worn face crinkles into a sob, and she dabs her eyes with a corner of her apron.

"Both girls tried to kill their children. I had to stop them. I had more difficulties. I was raped three more times when I went into the hills to look for other raped women." Part of her work is to go to villages and talk to husbands and families, because rape survivors are so often shunned. In one recent case, for instance, a woman was kidnapped and held ten months as a sex slave by the FDLR (Forces Démocratiques de Libération du Rwanda), the Hutu perpetrators of the Rwandan genocide and their followers, long the most intransigent rebel group here. After she returned to her village with a newborn baby, her husband agreed to take her back, but only if the baby were killed. Kamate intervened, and took in the child at the Listening House. Living here now are six women and seventeen children—some of whom keep scampering up to an opening in the tarpaulin to giggle and look.

At one point Kamate has to break off because a new victim walks in off the road, a forty-seven-year-old woman raped just three days ago by three Congolese army soldiers who barged into her house after she came home from church. For twenty minutes, Kamate takes down her story and then quickly sends her to a nearby clinic: if anti- retroviral drug treatment is begun within seventy-two hours of a rape, it can usually prevent HIV/AIDS.

The last time Kamate herself was raped was on January 22 of this year. The attackers, members of the CNDP (Congrès National pour la Défense du Peuple), a Tutsi-led rebel group that has since been integrated into the Congolese army in a new peace deal, were four soldiers who targeted her because they knew of the work she was doing. It is for fear of this happening again that she asks me not to use her real name. "After having raped me, they spat in my sex, then shoved a shoe up my vagina. When I arrived home I cried a lot and was at the point of killing myself."

Unimaginably horrifying as ordeals like Kamate's are, they are all too similar to what Congolese endured a century ago. Rape was then also considered the right of armies, and then, as now, was how brutalized and exploited soldiers took out their fury on people of even lower status: women. From 1885 to 1908, this territory was the personally owned colony of King Leopold II of Belgium, who pioneered a forced-labor system that was quickly copied in French, German, and Portuguese colonies nearby. His private army of black conscript soldiers under white officers would march into a village and hold the women hostage, to force the men to go into the rain forest for weeks at a time to harvest lucrative wild rubber. "The women taken during the last raid...are causing me no end of trouble," a Belgian officer named Georges Bricusse wrote in his diary on November 22, 1895. "All the soldiers want one. The sentries who are supposed to watch them unchain the prettiest ones and rape them."

Forced labor also continues today. The various armed groups routinely conscript villagers to carry their ammunition, collect water and firewood, and, on occasion, dig for gold. A 2007 survey of more than 2,600 people in eastern Congo found over 50 percent saying that they had been forced to carry loads or do other work against their will in the previous decade and a half. A few miles down the road from the Listening House, I meet one such person in a camp for people who have fled the fighting; several thousand of them are living here in makeshift shelters of grass thatch, the lucky ones with a tarpaulin over the top. The man is twenty-nine, in T-shirt and sandals, and, like Kamate, doesn't want his real name used. He arrived two days ago from Remeka, a village a few days' walk from here, that has changed hands several times in recent fighting between the FDLR and the national army. A fresh bandage covers his left eye.

Congolese army soldiers corralled him last week to be a porter. The troops then came under fire and "I took advantage of that to flee. I spent a night in the bush, and when I came back to the village I found the army had pillaged it, and everyone had fled. Other soldiers told me again to carry supplies. When I refused they took a bayonet and jabbed me in the eye." He can see something out of the eye, but not clearly. Doctors don't know if its sight will return. His wife and two children, aged two and eight, fled the village and he thinks they are still in the bush.

Where does such cruelty come from? Four problems, above all, drive Congo's unrelenting bloodshed. One is long-standing antagonism between certain ethnic groups. A second is the 1994 Rwandan genocide and the two million or so people who flowed across Congo's porous border in its aftermath: Hutu killers, innocent Hutu who feared retribution, and a mainly Tutsi army in pursuit, bent on vengeance. The third is a vast wealth in natural resources—gold, tungsten, diamonds, coltan (a key ingredient of computer chips), copper, and more—that gives ethnic warlords and their backers, especially Rwanda and Uganda, an additional incentive to fight. And, finally, this is the largest nation on earth—more than 65 million people in an area roughly as big as the United States east of the Mississippi—that has hardly any functioning national government. After Laurent Kabila was assassinated in 2001, his son Joseph took power in Kinshasa, and won an election in 2006, but his corrupt and disorganized regime provides few services, especially in the more distant parts of the country, such as Goma, which is more than one thousand miles east of the capital.

Evidence of the nation's riches is everywhere. Battered Soviet-era Antonov cargo planes continually descend into Goma airport filled with tin ore from a big mine at Walikale, in the interior, now controlled by Congolese army officers. On a country road, a truckload of timber, stacked high, passes by, heading out of the rain forest toward the Ugandan border. And then one day in Goma, while I am walking with Anneke, Ida, and another foreigner, a man approaches and asks: Would we like to buy some uranium?

He is perhaps forty, with expensive-looking walking shoes. He claims to have had clients from South Africa, Europe, and Saudi Arabia. The uranium has been tested with Geiger counters, and it's de bonne qualité! And safely packed: two kilos inside each seventeen-kilo radiation-proof container. The price? $1.5 million per container. But this is negotiable....

Also on all sides is evidence of the lack of a functioning government. This does not mean that there are no government officials; on the contrary, they are everywhere, and self-supporting. On rural roads where less than a dozen vehicles pass in an hour are clusters of yellow-shirted traffic police; we see three large trucks stopped at one, their drivers negotiating. On another road, when people on market day are wheeling bicycles piled high with charcoal and bananas, blue-uniformed police are stopping them to collect a "tax."

There are even dilapidated court buildings in towns large and small, but, a lawyer tells us over dinner, with great feeling, "I've never, ever, seen a judge who wasn't corrupt." This is so routine, he and a colleague explain, that in civil disputes, the judge gets a percentage of the property value that the bribe-payer gains. People in such positions are then expected to send some of the take back up the line to those who appointed them; this is called renvoyer l'ascenseur—sending back the elevator. Being a judge in an area full of mining rights disputes is particularly lucrative. Other civil servants also earn extra: Goma is on the border with Rwanda, and one of the lawyers explains that the very hotel where we're having dinner was built by a customs official. They point along the street to two more hotels owned by customs men.

Government as a system of organized theft goes back to King Leopold II, who made a fortune here equal to well over $1.1 billion in today's money, chiefly in rubber and ivory. Then for fifty-two years this was a Belgian colony, run less rapaciously, but still mainly for the purpose—as with colonies almost everywhere—of extracting wealth for the mother country and its corporations. The grand tradition was continued by Mobutu Sese Seko, heavily backed by the United States as a cold war ally, who over three decades starting in 1965 amassed an estimated $4 billion, buying grand villas all over Europe (one, on the Riviera, was almost within sight of one of Leopold's).

The dictator built palatial homes throughout Congo too, one of them in Goma. It is now the provincial governor's office, and Kabila stays here when he's in town: a sprawling red-brick mansion, whose green lawn, dotted with palms and other trees, rolls down to Lake Kivu. The floors are white marble, and a curving marble staircase leads up to Mobutu's circular office, where there is a huge kitschy chandelier of hundreds of little glass balls. The initials M and B, for him and his second wife, Bobi Ladawa, are intertwined in gold, with many curlicues, on top of an inlaid wood desk and elsewhere throughout the house. Of the his-and-hers bathrooms, hers is the more spectacular, in pink marble with two sinks in the shape of shells, and a large Jacuzzi.

Into the void of the world's largest failed state has stepped a wide variety of organizations wanting to help. In Goma it sometimes seems as if every other vehicle on the deeply rutted streets is an SUV with a logo on the door: Oxfam, Action Contre la Faim, World Vision, Norwegian Refugee Council, HopeIn Action.eu, and dozens more. Many also sport a window sticker: a red slash mark across a submachine gun and the legend NO ARMS/PAS D'ARMES. But the biggest foreign presence consists of people who do have arms: more than 17,000 United Nations troops and military observers. They are quickly visible in blue helmets, blue berets, blue baseball caps, or blue turbans worn by Sikh soldiers from India. Almost all are from poor countries, where UN peacekeeping is a big moneymaker for their armies. The wealthy nations, although they contribute a few higher-ranking officers and civilian specialists, have been generally loath to risk their soldiers' lives in someone else's civil war. However, they pay most of the cost. A plan that we have to join one Bangladeshi unit on patrol is scrubbed at the last minute because word comes that the ambassador of Japan—a major source of funds—is to visit the base the next day and all hands are needed to prepare.

The UN presence is a mixed story. Far better equipped and disciplined than the Congolese army, these troops have kept a bad situation from getting worse. Yet it is hopeless to expect so few soldiers to provide protection for most civilians in such a vast country. "How many troops would it really take to stop all the fighting here?" I ask one UN official, out of his office. "Oh, about 250,000," he replies.

On the record, officers are brisk, upbeat, and bristling with acronyms. In the UN military headquarters in Bunia, the ragged, dirt-streets capital of the Ituri gold-mining district several hundred miles north of Goma, a cheerful Pakistani paratrooper colonel briefs us in a room filled with wall maps showing AORs (areas of responsibility) of battalions from Nepal, Bangladesh, Pakistan, and Morocco—Nepbat, Banbat, Pakbat, Morbat. Other troops in the area, he says, include Indonesians (who repair roads), Uruguayans (who patrol lakes and rivers), Guatemalans (special forces), South Africans (military police), and Indians (who fly helicopters). Tunisians and Egyptians are on the way. "Last week we carried out a heli-recce" of one trouble spot; when aid groups have trouble going somewhere, the UN gives them a "heli-insertion."

One of the UN jobs here is to train the Congolese army, and this, too, he assures us, is on track. First thing on the agenda: training forward air controllers (puzzling, since Congo has virtually no air force). And how will they do this, given that few UN officers speak either French or any local language? Simple, they will find the English-speaking Congolese officers (although veteran aid workers here say they've rarely seen any). And what if forward air controlling is not their specialty? "We're training the trainers!"

When speaking not for attribution, UN officials are far more somber. I talk to four more of them, military and civilian, African and European. All agree that the biggest single problem is the chaotic Congolese army itself, which numbers some 120,000 ill-trained men. On one country road, heading to a combat zone where one unit is relieving another, we see hundreds of soldiers in green fatigues, but not once a truck filled with troops. Carrying rifles or grenade launchers, the men are hitchhiking rides with passing cargo trucks and motorcycles. They wave at us, bringing hands to their mouths to beg for cigarettes. Beneath a piece of canvas strung between trees, a solitary sentry manning one checkpoint is sound asleep.

Top-heavy with colonels to begin with, the army has swollen mightily in recent years, since the price of a series of half-effective peace accords has been its absorption of an array of predatory warlords and their followers. Some two dozen different rebel groups signed a peace agreement with the government in Goma last year, for instance. Since then, one of the most notorious warlords, Bosco Ntaganda, known as "The Terminator" and under indictment by the International Criminal Court for conscripting child soldiers, made his own deal with Kinshasa and was appointed a general.

What can be done? The outside world has influence over the Congolese army, because we're partly paying for it. The national government depends on aid money to make ends meet, depends on the UN force to retain control of the east, and sometimes even needs UN planes to transport its soldiers, for there is no drivable road from one side of the country to the other. At a bare minimum, the Western powers have leverage to pressure Congo into purging its army of thugs in senior positions—and could demand far more as well.

A curious, very limited kind of pressure is being applied. Underlying the army's long-standing practice of looting civilian goods and food is that soldiers often don't get paid. "The money comes from Kinshasa," a UN official explains, "then goes to Kisangani"—a city three quarters of the way to the eastern border—"and by the time it gets down to company level there's not much left." To deal with this problem, the European Union has sent a fifty-five-man military mission here.

One member is Bob Arnst, a short, wiry man with a crew cut, who is a sergeant major in the Dutch army. He is stationed in Bunia, and talks about his work one evening in the UN's café and recreation center, where a security guard at the gate has the job of keeping out local prostitutes.

"Everything is in cash. They bring the money in big packages, 120 by 80 by 20 centimeters. In great bricks. We're expecting a convoy now. When the money arrives, they count it again, bill by bill." Arnst and two French soldiers watch the count at the local army headquarters, after which paymasters from half a dozen battalions arrive in SUVs to collect the funds for their units. "Most of them [the paymasters] have very nice clothing. Once a colonel showed up with his bodyguard and I asked, 'What are you doing here?' And he said, 'I've come to see where my money is.' And I said, 'It's not your money.'"

In the days following, Arnst and his French colleagues visit Congolese battalions in the field, usually dropping in by surprise in a UN helicopter. "We ask soldiers, 'Did you get your payment?'"

And if they didn't? On three occasions in the last few months, entire units were not paid. Arnst reported each case to his EU superiors in Kinshasa, and a Dutch colonel applied pressure at the Ministry of Defense. Each time, the commander was forced to turn over the money to his troops—but was not arrested or disciplined.

The situation is worse in some outlying areas; Arnst cites the town of Dungu, in the north, where he believes some troops may not have been paid for four months. Food destined for soldiers sometimes disappears as well. "If they don't have any money, they have a weapon, so..." his voice trails off. Furthermore, there isn't a foolproof system to prevent commanders from pocketing pay for "ghost soldiers" who've deserted. Plus, he says, the pay is woeful to begin with: only about $40 per month, and another $8 for living expenses. Military families are "living in tents with holes in them. And if a soldier does get his money, he's got no way to bring it to his family." Hence families tend to follow military units around. The officers are little better off. "Last week a captain came to me and said, 'Can you give me twenty dollars? Ten dollars?'"

From the dozen years of intermittent war, almost everyone has searing memories. Fabien Kakani, thirty-eight, for example, is a nurse at a Protestant mission hospital in the savannah town of Nyankunde, an hour southwest of Bunia. One day in 2002, militia from the Ngiti ethnic group, and an allied force, overran the hospital, burned its library of more than 10,000 books, and began killing an estimated three thousand people of other ethnicities—hospital staff, patients, and residents of the nearby town. "I was working in the ICU that day. I had just made the rounds with the doctor and we heard shots from the hill behind the hospital." He points out the window. "We brought more patients in and locked ourselves in. Then they went to the maternity ward and the pediatric ward and I heard screams as they massacred people there. Throughout the night we heard shots. I was a Bira [a different ethnic group] and I knew they would be looking for me."

The raiders then broke into the ICU, and Kakani and some seventy other people were tied up and marched to a room he shows us in another hospital building, which we pace out as being about ten by twenty-one feet. "We spent three days here. No food, no drink, we had to defecate and urinate on the floor. Children died because there was no milk in their mothers' breasts. We were passing their dead bodies out the windows."

So many people were killed at Nyankunde hospital alone that there was no time to dig graves; the bodies had to be thrown in pit latrines. And the leader of the Ngiti troops who carried out the massacre? He was Kakani's brother-in law, who wanted to kill members of several rival groups, including the Bira, even though he was married to a Bira, Kakani's sister. The commander of the allied militia force involved in the attack was not on the scene, but in close communication by radio, well aware of what his troops were doing. Following one of the incorporate-the-warlords peace agreements, he became Congo's foreign minister. He is still in the cabinet today, in another position.

After two weeks my notebooks overflow with such stories. But looking at people I meet, even an entire encampment of young gold miners who are almost all ex-combatants, do I see those who look capable of killing hospital patients in their beds, gang-raping a woman like Rebecca Kamate, jabbing a young man's eye with a bayonet? I do not. People are warm, friendly, their faces overflow with smiles; seeing a foreigner, everyone wants to stop, say " Bonjour!" and shake hands, whether on a small town's main street or on a forest path. I've never seen more enthusiastic hand-shakers. At night, when the electricity works, the warm air echoes with some of Africa's best music. There is no shortage of ordinary acts of human kindness. When our car's left front wheel goes sailing off to the side of a remote mountain road, leaving one end of the axle to gouge a long furrow in the dirt, the driver of a passing truck, piled teeteringly high with goods and then with people sitting on top, immediately stops and crawls under the car, using his jack in tandem with ours to solve the problem and get us on our way.

What turns such people into rapists, sadists, killers? Greed, fear, demagogic leaders and their claim that such violence is necessary for self-defense, seeing everyone around you doing the same thing—and the fact that the rest of the world pays tragically little attention to one of the great humanitarian catastrophes of our time. But even the worst brutality can also draw out the good in people, as in the way Kamate has devoted her life to other raped women. In Goma, I saw people with pickaxes laboriously hewing the lava that had flooded their city into football-sized chunks with flattened sides, then using these, with mortar, to build the walls of new homes. Can this devastated country as a whole use the very experience of its suffering to build something new and durable? I hope so, but I fear it will be a long time in coming.

—July 15, 2009

Jul 25, 2009

China, Uighur Groups Present Conflicting Accounts of Unrest

By Ariana Eunjung Cha
Washington Post Foreign Service
Saturday, July 25, 2009

BEIJING -- Three weeks after the riots that left nearly 200 people dead and more than 1,700 injured in the capital of the far western Xinjiang region, the Chinese government and Uighur exile groups have been circulating dueling versions of what happened, in an emotional global propaganda war with geopolitical implications.

According to the version of events offered by China's Foreign Ministry and state media, the ethnic unrest that erupted in Urumqi on July 5 was a terrorist attack by Uighur separatists. Women in black Islamic robes stood at street corners giving orders, and at least one handed out clubs, officials said, before Muslim Uighur gangs in 50 locations throughout the city simultaneously began beating Han Chinese.

In the account being circulated by Rebiya Kadeer, a U.S.-based Uighur leader who has emerged as the community's main spokesman, Chinese security forces were responsible for the violence that night. According to Kadeer, police and paramilitary and other troops chased peaceful demonstrators, mostly young people protesting a deadly factory brawl elsewhere, into closed-off areas. Then they turned off streetlights and began shooting indiscriminately.

Clear Details Absent

Chinese authorities have allowed foreign reporters access to the area where the clashes occurred and unusual freedom to conduct interviews, and they have provided evidence verifying the brutal attacks on Han Chinese. But few details are clear, and many witnesses who might be able to answer other questions -- Who set off the initial violence? Why were the police unable to stop the attacks? -- are either in jail or dead.

"The narratives of both the Chinese government and outside observers about what happened are hobbled by the lack of independent, verifiable accounts," said Phelim Kine, a researcher with New York-based Human Rights Watch, which is calling for a U.N. investigation into the incident.

Both sides face huge obstacles in trying to convince the world of their stories.

The Chinese government, after decades of covering up and denying such incidents, has a major trust problem, many analysts say. Chinese officials have said they will release video footage of the attacks, phone records and other evidence to support their view of the events in Urumqi, but have not yet done so.

For Kadeer, a 63-year-old former business mogul from Xinjiang who was exiled in 2005 and now lives in the Washington area, observers say the main challenge is convincing people that she can give an authoritative account of events that happened in a country she has not visited in years. Uighur exile groups have declined to provide information about their sources in China, saying they fear that those people will be arrested or worse if they speak out.

Resentment has been building for years between Han Chinese, who make up 92 percent of China's population and dominate its politics and economy, and Uighurs, who once were the majority in the far west, but whose presence there has shrunk in recent decades because of migration by Han Chinese.

Although the Chinese government says its policies have improved Uighurs' educational and job opportunities, some Uighurs say its goal is to assimilate them at the expense of their language, religion and culture.

In the past, the government has linked Uighur separatism to a group known as the East Turkestan Islamic Movement, which it characterizes as a terrorist organization and blames for some recent attacks. Some analysts say that China exaggerates the influence of this group.

When it comes to the events of July 5, Dong Guanpeng, director of the Global Journalism Institute at Tsinghua University in Beijing, said he thinks China is being honest this time, but that doubts have been cast on the information it is releasing because Kadeer is "doing a better job than the Chinese government in public relations."

"Of course, Rebiya's statements have won sympathy in foreign countries," Dong said. "They contain beautiful lies."

Kadeer's version of events appears to have gained traction abroad. In Turkey, Prime Minister Recep Tayyip Erdogan has expressed solidarity with China's Uighurs, a Turkic-speaking minority group, and described the riots as "a kind of genocide." Protesters in Tokyo, Washington, Munich and Amsterdam have descended on Chinese embassies and consulates demanding a full account of what happened to Uighurs. A top Iranian cleric condemned China for "horribly" suppressing the community, and al-Qaeda's North African arm vowed to avenge Uighurs' deaths.

Zhan Jiang, a professor of journalism and mass communications at the China Youth University for Political Sciences, contends that the Chinese government inadvertently elevated Kadeer's status and gave her an audience that she does not deserve. Beijing has accused Kadeer of being the "mastermind" behind the clashes in Urumqi, accusations she denies.

"The government should haven't portrayed her as a hero by condemning her. She was unknown at first, and she is a well-known person in the world right now," Zhan said.

Gaps in Both Stories

Meanwhile, China has hit back by assigning some blame to third parties. The Communist Party's People's Daily newspaper said that the United States backed the "separatists" who launched the attacks. It also said that Kadeer's organization received funds from the National Endowment for Democracy, which in turn is funded by the U.S. Congress. Separately, the official China Daily has played up the terrorism angle, saying that the riots were meant to "help" al-Qaeda and were related to the continuing U.S. military presence in Afghanistan.

Some analysts say there are holes in both sides' narratives.

For instance, according to Kadeer's timeline of events, the violence was triggered by police who "under the cover of darkness . . . began to fire" on the protesters. But witnesses have said the rioting began about 8 p.m. Beijing time, when the sun was still up in Urumqi, 1,500 miles west of Beijing.

Chang Chungfu, a specialist in Muslim and Uighur studies at the National Chengchi University in Taiwan, said "the two parties -- the government and Kadeer -- are choosing the parts of the stories that favor their own agendas," in efforts to win foreign sympathy.

He said he considers it "unlikely that a peaceful protest turned into violence against innocent people just because of policemen cracking down," suggesting at least a measure of organization to the Uighurs' attacks on Han Chinese that night.

On the other hand, Chang said, he is skeptical of the government's assertions that Kadeer instigated the attacks because she lacks that kind of power. Furthermore, he said, "the government hasn't released detailed information of those who were killed, such as their ages and identities, so even the number of dead is in doubt."

Li Wei, a terrorism expert at the China Institutes of Contemporary International Relations, which is affiliated with China's national security bureau, dismissed allegations by state media of involvement by outside terrorist groups. "I have not found any proof that points at linkage between the riot and other terrorism groups, including al-Qaeda," he said.

Li did say, however, that he believes Kadeer is in contact with the East Turkestan Islamic Movement.

Rohan Gunaratna, a Singapore-based terrorism expert, blamed some of the tension on Beijing's failure to differentiate "between terrorists who attack and the political activities of separatists."

"If China is too hard on the Uighur people, then support of terrorism will grow," Gunaratna said. "The Chinese government must be hard on terrorists but soft on the Uighur people."

Researchers Liu Liu, Wang Juan and Zhang Jie contributed to this report.

Holding the Line

by Meghan Rhoad

July 20, 2009

Policymakers would do well to bring the same commitment to defending our principles that they have brought to defending our borders.

Meghan Rhoad, US Researcher in the Women's Rights Division

As a feminist and as an American working on immigration policy, I have a clear line in the sand when it comes to the treatment of women who immigrate to this country: "defending our borders" should not be at the expense of defending our values. But when I interviewed women in immigration detention facilities all over the country last year and heard their stories of neglect and abuse, it became clear to me that this line has been crossed.

Immigration detention is the fastest-growing form of incarceration in the United States, and women represent roughly 10 percent of the burgeoning detention population. In 2008, Immigration and Customs Enforcement (ICE), the federal law enforcement agency with jurisdiction over immigration detention, held over 300,000 people in its custody for various lengths of time, and the total may surpass 400,000 this year. The daily immigration detention population now tops 30,000, an increase of roughly 50 percent over 2005. As long as Congress continues to dish out funding to step up Border Patrol operations and to expand immigration detention space, that growth is likely to continue.

The explosion of immigration detention has undermined two core principles of justice: deny liberty only when necessary, and treat those in custody with dignity. But in the politics of immigration, these core principles have become easily exchanged bargaining chips. The U.S. government has enthusiastically embraced a system that deprives more and more people of their liberty while their immigration cases are being processed -- administrative, not criminal, proceedings. Let me be clear: the majority of women imprisoned in detention centers have committed no crime. They include asylum seekers, victims of trafficking, survivors of sexual assault and domestic violence, pregnant women, nursing mothers, children, the elderly and the seriously ill.

Immigration detention has increased even though alternatives such as allowing people to remain in the community while checking in regularly have proven cost-efficient and effective in ensuring that people show up for their hearings.

Not only does our government detain people unnecessarily, but it does so with cruelty and neglect. The conditions in many detention facilities violate the core principle of respect for the dignity of the men and women detained. The glaring failure to provide adequate medical care is of particular concern. International standards hold that detained persons are entitled to at least the same standard of health care they would receive if they were living free in the community. But in interviews for a Human Rights Watch report released in March 2009 on medical care for women in immigration detention, I heard dozens of horror stories of substandard care due to poor policies, implementation and oversight.

As I heard these women speak, the line in the sand between sound public policy and human rights violations became crystal clear: the point where those involved in designing or carrying out these policies knew or should have known that what they were doing is wrong. Transgressions were apparent everywhere:

  • Women shackled during pregnancy.
  • Breasts pumps denied to nursing mothers, resulting in fever and mastitis, and leaving them unable to continue breast-feeding.
  • Critical screenings for breast and cervical cancer withheld.
  • Contraception and abortion made inaccessible.
  • Women humiliated and demoralized because they could not obtain sanitary pads.
  • Confidentiality of medical information breached.
  • Medical records lost in transfer.
  • Requests for medical help ignored while dangerous conditions went untreated.

These policies do not just endanger women immigration detainees' lives. They also threaten their emotional health.

The impact of these policies is felt not only by those detained, but by their families and communities. One woman interviewed for our report described to me how her inability to get medical care when there were signs that she might have breast cancer was devastating her family:

"I worry about my breast a lot. I told my family, 'Don't ask me to [appeal my immigration case].' I'm not well and I would have to stay without medical care. I don't know from month to month ... things can get worse in my breast. It's hurting me. What was I supposed to do, die of cancer here? With adequate care, yes, I would stay until the end. Because 22 years of my life [have been in the US]. My kids are 12 and the United States is all they know. Depression, inadequate food, detention? Yes, still I would have fought it indefinitely."

There is some hope. The Obama administration is in the process of examining the detention system, including the system's health care record, and its role in our immigration policy. Congress will also be taking on these issues when they debate comprehensive immigration reform. As these reviews are under way, policymakers would do well to bring the same commitment to defending our principles that they have brought to defending our borders. And women who care can tell them so.