HUMAN RIGHTS IN ASIA-PACIFIC: REVIEW OF 2019 - Prismic
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Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2020 Cover photo: Except where otherwise noted, content in this document is licensed Pro-democracy protesters react as police fire water under a Creative Commons (attribution, non-commercial, no derivatives, cannons outside the government headquarters in international 4.0) licence. Hong Kong on September 15, 2019. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode © Nicolas Asfouri / AFP via Getty Images For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street, London WC1X 0DW, UK Index: ASA 01/1354/2020 Original language: English amnesty.org
CONTENTS REGIONAL OVERVIEW 5 AFGHANISTAN 7 AUSTRALIA 10 BANGLADESH 12 CAMBODIA 14 CHINA 16 HONG KONG 19 INDIA 21 INDONESIA 25 JAPAN 27 KOREA (DEMOCRATIC PEOPLE’S REPUBLIC OF) 29 KOREA (REPUBLIC OF) 31 MALAYSIA 33 MALDIVES 36 MONGOLIA 38 MYANMAR 40 NEPAL 43 NEW ZEALAND 46 PAKISTAN 48 PAPUA NEW GUINEA 51 PHILIPPINES 53 SINGAPORE 56 SRI LANKA 58 TAIWAN 60 THAILAND 62 VIETNAM 65 HUMAN RIGHTS IN ASIA-PACIFIC: 4 REVIEW OF 2019 Amnesty International
REGIONAL physical assaults, abuse in detention – crackdown on Turkic Muslims intensified millions showed their resolve, demanding as the true horrors of the “re-education accountability and insisting on their camps” became apparent. We also saw OVERVIEW human rights to free expression and this in Kashmir, hitherto India’s only peaceful assembly. Muslim-majority state, which saw its special autonomous status revoked and in The bright flames of peaceful protests its place a siege imposed that continues were also sparked across India, where to this day. It was a year of repression, but also of millions came out on to the streets resistance. The Chinese government against a new law that discriminates The politics of demonization also fell on clamped down with renewed force on the against Muslims when deciding who the island nation of Sri Lanka, where freedoms promised to the people of Hong can or cannot become an Indian anti-Muslim violence erupted in the Kong under the terms of the handover citizen. Asia’s two largest and most wake of the Easter Sunday bombings of the territory in 1997. In the streets, powerful states are trying to impose – which claimed the lives of more than those freedoms were doughtily defended their own bleak, domineering vision on 250 people, mainly Christians, in three against the steepest odds. Month after the continent, perceiving minorities churches and three hotels. In November, month, in the face of the police’s as a threat to “national security”. We Gotabaya Rajapaksa was elected abusive methods – including countless saw this in the nominally autonomous president, taking his place on an already volleys of tear gas, arbitrary arrests, Chinese province of Xinjiang, where the crowded stage of strongmen leaders Women takes to the streets in Lahore during Aurat March on March 8, 2019. © Ema Anis for Amnesty International HUMAN RIGHTS IN ASIA-PACIFIC: 5 REVIEW OF 2019 Amnesty International
and dimming hopes that the wounds of growth rates they covet. They often marriage becoming legal in March. The the decades-long internal conflict will remain tranquil in the face of the ravages Pakistani government announced new be healed. In the Philippines, Rodrigo of climate change. measures to tackle climate change and Duterte’s murderous “war on drugs” air pollution. The people of Hong Kong But as hard as it has become to resist, proceeded with only modest ripples of forced the authorities to withdraw its young people across the continent protest internationally. extradition bill. The Maldivian Supreme continue to take great risks and defy the Court appointed two women as Supreme Across Southeast Asia, repressive established order. In Pakistan, the non- Court judges for the first time, defying governments entrenched themselves violent Pashtun Tahaffuz Movement still pressure from religious hardliners. further, silenced their opponents, rallies tens of thousands against enforced muzzled the media, and shrank civic disappearances and extrajudicial The wheels of justice slowly began to turn space to the point where, in many executions, even after its supporters for the Rohingya, as the International countries, even participation in a have been charged and detained, and Criminal Court (ICC) authorized an peaceful protest can trigger arrest. In its protests banned. Climate strikes saw investigation into crimes committed South Asia, governments appeared thousands take to the streets in several by the Myanmar military in 2017. This anxious to keep up, innovating new ways countries, including Afghanistan, where followed a decision by Gambia to take to perpetuate old patterns of repression peace marchers also braved grave threats Myanmar to the International Court – especially through the introduction to call for an end to a conflict that has of Justice for the crime of genocide. of draconian laws that punish dissent been going on since before they were There are also hopes that the ICC will online. born. In Viet Nam, people protested revisit its decision to not authorize an against China’s policies. In Laos, they investigation into war crimes and crimes To try and legitimize their repression, protested against the shoddy construction against humanity committed by all sides government across Asia ritually demonize of a dam. in Afghanistan, after capitulating to their critics as pawns of “foreign pressure from the US administration. forces”, who are at best “naïve” and at The protests and other efforts of civil worst “treasonous” – toxic smears that society were successful too. In Sri The coming year is likely to be as trying are amplified through sophisticated Lanka, lawyers and civil society activists as the one that has just passed. But social media operations. They resist successfully staved off the resumption as young activists across Asia have accountability for corporations, claiming of executions. In Taiwan, they fought for repeatedly shown, where there is no this will impede the rapid economic equality for LGBTI people, with same-sex hope, it must be created. HUMAN RIGHTS IN ASIA-PACIFIC: 6 REVIEW OF 2019 Amnesty International
Afghan protesters march for peace and ceasefire as they shout slogans and hold banners in the Kandahar province on January 17, 2019. Several hundred protesters marched in three cities in southern and eastern Afghanistan on January 17 to call for peace and a ceasefire in the 17-year war, the latest action in a movement launched in May 2018. In Kandahar, the southern cradle of the Taliban, and in the eastern cities of Khost and Jalalabad, they marched holding placards saying: “No War”, “We want ceasefire” and “We want Peace”. © JAVED TANVEER /AFP via Getty Images AFGHANISTAN continued to forcibly return Afghan asylum-seekers and refugees. Gender- A high number of civilian casualties in 2019 were caused by attacks involving based violence against women and girls improvised explosive devices deployed Islamic Republic of Afghanistan persisted due to weak rule of law and by “anti-government elements.” There Head of state: Muhammad Ashraf Ghani existence of harmful traditional and was an increase in casualties caused by cultural practices. It became increasingly aerial and search operations conducted The civilian population suffered crimes difficult for journalists to work and they by “pro-government” forces. under international law, human rights faced reprisals from armed groups, state violations and abuses because of the officials, and security forces. At least five continuing conflict. Conflict-related journalists were killed by the Taliban and CRIMES UNDER INTERNATIONAL other armed groups. violence led to thousands of deaths LAW AND ABUSES BY ARMED and injuries and the displacement of GROUPS hundreds of thousands. The International Criminal Court (ICC) decided not to ARMED CONFLICT The Taliban unlawfully killed and injured investigate crimes against humanity and In the first nine months of 2019, civilians including in indiscriminate war crimes committed, but the decision 2,563 civilians were killed and 5,676 attacks; Islamic State Khorasan Province is currently subject to appeal. Human injured, according to the United Nations’ (IS-K) deliberately targeted civilians rights defenders were intimidated, Assistance Mission in Afghanistan in attacks against Shi’a communities threatened, detained and killed. (UNAMA). July was the single deadliest and the Hazara ethnic group – who European and neighbouring countries month in the past decade of the conflict. mostly follow the Shia sect of Islam. In HUMAN RIGHTS IN ASIA-PACIFIC: 7 REVIEW OF 2019 Amnesty International
August, an IS-K suicide bomb attack at REFUGEES AND INTERNALLY women and girls. On the other hand, a wedding in Kabul killed at least 63 the government is failing to establish DISPLACED PEOPLE civilians and injured more than 200. At Elimination of Violence Against Women least 14 people, mainly civilians were Half a million Afghans were forcibly courts and prosecution units in all 34 killed and 145 injured in a suicide returned from neighbouring countries in provinces. bomb outside a police station in a 2019, more than 476,000 of them from predominantly Shi’a neighbourhood in Iran alone, according to the International Women constitute 27 per cent of the western Kabul, claimed by the Taliban. Organization for Migration (IOM). lower house of parliament. Women are Thousands of Afghan asylum-seekers also part of the cabinet and provincial were also forcibly returned from Europe, councils. Women, however, are CRIMES UNDER INTERNATIONAL either under the European Union’s Joint substantially excluded from the political LAW AND ABUSES BY PRO- Way Forward Agreement or bilateral arena at the sub-national level. There agreements with the Afghan government. GOVERNMENT FORCES The Turkish government also forcibly were no women candidates among the 18 Pro-government were responsible for returned 19,000 people to Afghanistan people who ran for the presidency in the 1,149 civilians killed and 1,199 injured, by September, amid reports of Afghan September elections. according to UNAMA figures for the first asylum-seekers being held in poor nine months of the year. Allegations of conditions in detention centres there. intentional unlawful killings, including FREEDOMS OF EXPRESSION AND possible extrajudicial executions, by Upon their return, many Afghans were ASSOCIATION special forces, who operated under the exposed to renewed threats and violence National Directorate of Security and The rights to freedom of expression and from armed groups and local militias they CIA- trained Afghan militia remained association were severely restricted. had sought to escape. uninvestigated. Aerial attacks were the It became increasingly difficult for single highest cause of civilian deaths. journalists to operate freely and without In May, Iran’s deputy foreign minister reprisals. Dozens of journalists were threatened to forcibly return all Afghan refugees from the country is the United attacked by security forces and members HUMAN RIGHTS DEFENDERS States of America continued to impose of armed groups. Ten journalists4 were economic sanctions on Iran. shot dead during the year by unknown Human rights defenders came under attack from both state and non-state gunmen and some were abducted by actors. They faced intimidation, armed groups. In January, journalist harassment, detention and even death. VIOLENCE AGAINST WOMEN AND Javid Noori was attacked and killed by members of the Taliban and in Measures to protect human rights GIRLS defenders were inadequate and abuses February, two others were shot dead in against them were rarely investigated.1 Afghan women and girls continued to a radio station in Takhar province by In September, the Taliban abducted face gender-based violence throughout unknown gunmen. Others were beaten, and shot dead Abdul Samad Amiri of the country, especially in areas under threatened, intimidated and harassed the Afghanistan Independent Human Taliban control. Incidents of violence by state officials security forces and Rights Commission. No one had been against women are believed to be members of armed groups. Threats and held accountable for the killing which significantly underreported. Where they attacks against journalists were rarely amounted to a war crime by the end of have been reported, there has often been investigated by the authorities. In April, the year.2 In November, two prominent a failure to investigate these attacks, two suspects were sentenced to death for human rights defenders were arbitrarily or pressure has been applied on the the 2018 killing of Kabul News journalist detained by the National Directorate of victims to withdraw their complaints, Abdul Manan Arghand.5 Security (NDS) for exposing existence of or mediation has been used to resolve a paedophile ring in Logar province and complaints outside of the legal framework In [June, the Taliban declared that uncovering more than 100 videos of the and without human rights protections. The perpetrators of the attacks, which journalists and media workers were a alleged abuse.3 Women human rights included beatings and killings, torture or legitimate military target so long as they defenders continued to be at particular risk of threats and intimidation from other ill-treatment, corporal punishments disobeyed the group’s orders to stop both state and non-state actors across against women for having sex outside broadcasting anti-Taliban statements. In Afghanistan. marriage, continued to enjoy impunity. [August], they issued a statement on the “Voice of Jihad” website warning people In July, the government renewed the In areas under its control, the Taliban to stay away from election campaign Afghanistan Independent Human Rights continued implementing medieval rallies during the presidential elections Commission’s mandate and appointed nine punishment of women and girls that and issued threats of violence to anyone new commissioners, including a new chair. included stoning to death and shot dead who disobeyed.6 HUMAN RIGHTS IN ASIA-PACIFIC: 8 REVIEW OF 2019 Amnesty International
CHILDREN’S RIGHTS provide livelihood to entire family have clean water is limited. Despite public`s forced children to work on the streets limited access to basic and necessary Despite the revised Penal Code was in Kabul and other cities. There is healthcare, the Taliban flagrantly enforced in 2018 which prohibits and inadequate protection and support by the announced a “ban” on International criminalizes the recruitment and use of government. Committee of Red Cross (ICRC) and children by armed forces and criminalize the World Health Organizations (WHO) “bacha bazi”, a harmful practice of which involves the sexual abuse of boys, activities in its controlled areas in SERVICE DELIVERY, POVERTY, AND April. However, the group revoked the there was evidence that security forces continued to recruit child soldiers and TRADITIONAL JUSTICE ban in September. Traditional and that the government fails to protect An estimated 55 percent of the informal forms of justice continued to be victims of “bacha bazi”. There were no population is living below the poverty implemented in the country, contrary to steps taken to eradicate child marriage. line, and people’s access to basic and the principle of rule of law, human rights Poverty, lack of family or child labor to necessary health service, education, and standards, and Afghan laws. 1. Afghanistan - Defenseless Defenders: Afghanistan’s Human Rights Community Under Attack (ASA 11/0844/2019) 2. Afghanistan: Killing of human rights defender is a war crime (News Story, 5 September) 3. Afghanistan: Intelligence agency must release human rights defenders who exposed paedophile ring, https://www.amnesty.org/en/latest/news/2019/11/afghanistan- release-hrds-now/ 4. Nai Supporting Open Media in Afghanistan, https://nai.org.af/50-decrement-in-media-staffs-assassination-in-afghanistan-in-2019/ 5. Committee to Protect Journalists, ‘Two sentenced to death for 2018 killing of Afghan journalist Abdul Manan Arghand’, 17 April 2019 https://cpj.org/2019/04/two- sentenced-to-death-for-2018-killing-of-afghan-.php 6. Afghanistan: Taliban Threatens political rallies (News story, 6 August) 7. https://childrenandarmedconflict.un.org/where-we-work/afghanistan/ HUMAN RIGHTS IN ASIA-PACIFIC: 9 REVIEW OF 2019 Amnesty International
Demonstrators gather at a protest rally to demand humane treatment of asylum seekers and refugees in Sydney on 20 July 2019. © Peter Parks / AFP (via Getty Images) AUSTRALIA Indigenous people, including children as young as 10, continued to face high rates funded Bomana Immigration Centre outside Port Moresby, PNG’s capital. of incarceration. Four Indigenous people Humanitarian organizations warned that Commonwealth of Australia died in prison or at the hands of police, many of them suffered from diminishing Head of state: Elizabeth II, represented by David Hurley with the most recent case, in November, mental health and needed access to Head of government: Scott Morrison resulting in a murder charge against a mental health care due to, or exacerbated police officer. by, years of detention, lack of family Australia maintained hardline policies contact, and the indefinite nature of their The Queensland Parliament became the time in custody. Self-harm and suicide with regard to refugees, particularly those third Australian jurisdiction to pass a attempts remained frequent. held in offshore processing centres. human rights act, after Victoria and the The government continued to detain Australian Capital Territory. Yet Australia Twelve refugees and asylum seekers refugees and asylum seekers who arrived remained the only western country without have died on Manus Island and Nauru by boat at Manus Island in Papua New a specific human rights act or bill of rights. since 2013, including Reza Berati, who Guinea (PNG) and on Nauru, marking the was murdered. Dr Sayed Mirwais Rohani seventh year since the reintroduction of committed suicide in October. He had its offshore processing and settlement ASYLUM SEEKERS AND REFUGEES been detained on Manus Island since policy. In August, refugees were 2013, and was transferred to Australia to Since 13 August 2012, 4,177 people transferred to Port Moresby and the have been sent to Nauru or PNG as part access mental health care in 2018. detention facility on Manus Island was of Australia’s policy of offshore processing effectively closed. Australia continued to of refugees. As of 30 September, 612 More than 150 other refugees and asylum turn back boats of people seeking safety refugees and asylum seekers remained seekers were transferred to Australia and to refoule (return) people to the in PNG and Nauru, 47 of them detained for medical care only after their lawyers country from which they were fleeing. in very poor conditions in the Australian- threatened urgent court proceedings. HUMAN RIGHTS IN ASIA-PACIFIC: 10 REVIEW OF 2019 Amnesty International
These cases included children as young comprised 28% of the adult prison FREEDOM OF EXPRESSION as 10 who suffered from acute mental population. Indigenous women made up health conditions, some of whom Media freedom came under attack 34% of the women’s prison population attempted suicide. Since the Medevac when the Australian Federal Police and Indigenous children made up more Bill, designed to provide refugees held raided a journalist’s home and a media than 50% of the children’s prison offshore with appropriate health care in organization’s headquarters, following population. Australia, was passed on 21 October, reporting on Australian defence force 135 people were transferred under its abuses in Afghanistan and government Australia detained children as young as plans to expand surveillance powers. provisions. Another 39 were approved 10. On an average night, nearly three for transfer and were awaiting transfer in five (59%) children aged 10 to 17 Following growing climate change as of that time. However, 10 of them in detention were Indigenous, despite protests across Australia, the prime were detained by PNG. In total, 1,117 Indigenous children making up only 5% of minister threatened to invoke powers to people had been transferred to Australia the population aged 10 to 17. Indigenous stifle campaigning and protests. Anti- for medical or other reasons as of 30 children aged 10 to 17 were 26 times as protest laws were enacted in Queensland, September. But in a grievous setback, likely as non-Indigenous children to be in criminalising peaceful protest tactics the Australian government repealed the Medevac bill on December 4, forcing detention on an average night. and infringing Queenslanders’ rights refugees held offshore who needed to to freedom of expression, association, access health care to again seek leave Very few of the recommendations from and peaceful assembly. Offenses were from the High Court to gain medical the 2017 Royal Commission into the punishable by up to two years in jail. assistance unavailable in PNG or Nauru. Protection and Detention of Children in the Northern Territory were implemented. In February, a coronial inquest The commission recommended that the OTHER HUMAN RIGHTS ISSUES commenced into the death of asylum Don Dale detention centre be closed, The government established a Royal seeker Omid Massoumali, who died from but it remained open. It had been the Commission into Aged Care to examine self-inflicted burns following his delayed centre of an abuse scandal, where the treatment of older people, following transfer to Australia for treatment. the commission found children in spit widespread accusations of abuse. The hoods constituting cruel, inhuman and counsel assisting the commission found Progress under an agreement to resettle degrading punishment, held in isolation, the authorities to be “missing in action” some refugees in the United States was and suffering other abuses. During May in the face of reports of neglect, and slow, with only 632 sent there since the every child in detention in the Northern said there was a systematic absence of arrangement was agreed to in 2016. Territory was Indigenous. accountability and lack of transparency by governing, regulatory and provider The UN High Commissioner for Human organisations. In late October, the Four Indigenous people died in prisons or Rights urged Australia to meet its commission issued an interim report at the hands of police over the course of international obligations, particularly in that found substandard and unsafe care. the year. On 13 March, Alf Deon Eades relation to refugees and people seeking One of the priority issues it targeted was was attacked by other prisoners and safety. the need to restrict the use of chemical died from his injuries. On 12 June JB restraints. committed suicide in Western Australia’s Acacia prison, just days after his mother INDIGENOUS RIGHTS/CRIMINAL had told the authorities that he was A Royal Commission was also established JUSTICE into Violence, Abuse, Neglect and suicidal. On 17 September Joyce Clarke Exploitation of People with Disabilities Indigenous people remained significantly was killed by police outside her home in and was due to report in the middle of overrepresented in the criminal justice the Western Australian town of Geraldton. 2020. system, often for minor offenses such as On 8 November Kamanjayi Walker was unpaid fines. Despite comprising just 2% killed by police in Yuendemu, in the of the country’s population, Aboriginal Northern Territory. A police officer was and Torres Strait Islander people charged with his murder. HUMAN RIGHTS IN ASIA-PACIFIC: 11 REVIEW OF 2019 Amnesty International
In the pouring rain, Rohingya refugees queue for hours, waiting for an aid distribution, Bangladesh, 28 September 2017. More than 520,000 Rohingya have fled the Myanmar military’s campaign of violence in the span of seven weeks, which has led to an unfolding humanitarian crisis in Bangladesh. Many arrive without having eaten for days or weeks while trying to flee the military’s violence in Myanmar. © Andrew Stanbridge / Amnesty International BANGLADESH development efforts, while widening inequalities. online action of allegedly “spreading anti- state propaganda” on Facebook. A young man was arrested by the Rapid Action People’s Republic of Bangladesh Battalion for posting a “distorted image” Head of state: Abdul Hamid FREEDOM OF EXPRESSION of the Prime Minister on Facebook. Head of government: Sheikh Hasina The government continued to use In May, a famous national poet Henry repressive legislation to unduly restrict Sawpon, a university teacher and another A smear campaign, mostly provoked the right to freedom of expression, and youth were arrested under DSA provisions by mainstream media stories, against target and harass journalists, activists for social media posts deemed to “hurt Rohingya refugees fuelled tension and [human rights defenders]. Nearly religious sentiment”. A Supreme Court between host and refugee communities. 400 indictments were filed under the lawyer and human rights defender Hundreds of people were victims of DSA since October 2018, and 200 Imtiaz Mahmud was arrested in May apparent extrajudicial executions in the were dismissed due to lack of evidence. for a Facebook post he made in 2017 so-called “war on drugs” campaign. The Journalists of mainstream newspapers regarding violence against indigenous Digital Security Act severely restricted told Amnesty that they refrained from community in the Chittagong Hill Tracts. the work of journalists, activists, human publishing stories for fear of reprisals or rights defenders, and others who faced intimidation from members of intelligence In October, members of Bangladesh arrests for exercising their right to agencies. In February, five journalists of Student League (BSL), the ruling freedom of expression. There was a sharp Jugantor newspaper were sued and one party Awami League’s student wing, increase in incidents of violence against was arrested under the DSA for reporting mercilessly beat to death a student of women and girls. Meanwhile, Bangladesh on police corruption. Bangladesh University of Engineering and reported the fastest economic growth rate Technology (BUET) at his dormitory for in the Asia-Pacific region, accelerating In January, in two separate cases, an merely expressing his views on Facebook the country’s socio-economic opposition activist was arrested for her on an India-Bangladesh agreement. HUMAN RIGHTS IN ASIA-PACIFIC: 12 REVIEW OF 2019 Amnesty International
FREEDOM OF ASSEMBLY EXTRAJUDICIAL EXECUTIONS AND REFUGEES AND ASYLUM-SEEKERS The right to freedom of peaceful ENFORCED DISAPPEARANCE About a million of Myanmar’s mainly assembly continued to be severely More than 388 people were killed by the Muslim Rohingya remained in the district restricted. Political opponents were security forces in alleged extrajudicial of Cox’s Bazar. Bangladesh continued frequently denied the right to organize executions (EJEs)—279 people were to refuse to formally recognize Rohingya campaign meetings and political rallies. as refugees while the community faced killed before arrest, 97 people killed after discrimination at multiple levels, arrest, and others were killed after torture In August, the authorities restricted including access to education, livelihood or other means. At least 49 Rohingya Rohingya refugees’ freedom of movement and freedom of movement. refugees were extrajudicially executed and assembly after they organized during this period. EJEs by security The government’s strict policy not a rally to mark what they called the forces continued unabated, many to allow Rohnigya refugees access ‘Genocide’ day, the second anniversary under the cover of the “war on drugs” to education continues. Though the of their forced displacement, and urging campaign. In some of the cases, victims government allows informal education Myanmar’s government to ensure their were disappeared for months before in learning centres—in total 280,000 safe and dignified return. they were killed in what the authorities children aged 4 to 14 have access to claimed were “gunfights”. At least 13 these learning centres, more than half a Police blocked the opposition Bangladesh million children aged 18 years or below people were forcibly disappeared—four Nationalist Party (BNP) from holding (including 4-14 age group) had no access of them were released, one was shown rallies in Narayanganj in February and to any accredited primary and secondary arrest and the remaining eight people are in Dhaka in August. In September, the education in the refugee camps. still missing. police prevented the BNP from holding an anniversary rally in at least 14 A section of the mainstream media districts. In June, the ruling party Awami launched a smear campaign against the MOB VIOLENCE League’s student wing attacked people Rohingya refugees labelling them as a gathering for the funeral of an opposition At least 65 individuals were killed in “security threat”, a “burden” and an leader of the Jamaat Islami, injuring six mob violence. At least eight of them were “abscess” that needs to be removed. The of them. The student wing also dispersed killed by mob lynching on fabricated state of hysteria dangerously agitated an anti-drug demonstration, along with allegations about child abduction. The the host community and turned them the police, attacking protesters in the authorities did little to investigate cases against the refugees. In September, eastern Sunamganj district. On 30th or hold perpetrators to account for their regulatory authorities ordered mobile crimes. phone companies to shutdown network December, Dhaka Metropolitan Police frequencies inside the refugee camps, (DMP) attacked a left-alliance rally while the security forces recommended organized to protest alleged vote rigging in the 11th National Parliament Elections VIOLENCE AGAINST WOMEN AND erecting barbed wire fence around the held in 30th December 2018, leaving GIRLS camps. at least 31 people injured. On the same There was a sharp increase in violence day, the police also denied the opposition against women and girls during the CHITTAGONG HILL TRACTS BNP holding a rally in Dhaka protesting year. At least 17,900 reported cases the similar event. Police and army continued to fail to of violence against women, including protect indigenous villagers and activists 5,400 reported rape cases. At least 988 in the Chittagong Hill Tracts (CHT) from In December, members of BSL and an women and girls (including 103 minors the [Bengali] settler attacks. Indigenous associate outfit Muktijuddha Manch aged between 7-12 years) were murdered people[s] faced forced-displacement and (so-called Liberation Fighters’ Platform) after rapes, attempted rapes, sexual and discrimination. At least 43 indigenous attacked the Vice President of Dhaka physical tortures, acid violence, and political activists were killed and 67 University Student Union Nurul Haq dowry-related violence. The reported injured mostly as a result of infighting and other students from different public incidents of rape increased dramatically between political factions. Fifteen and private universities for organizing a in recent months. September 2019 indigenous political activists were rally in solidarity with Indian students observed 232 reported rape cases—the reportedly abducted by unknown groups. protesting Citizenship Amendment Act highest in a single month since 2010. In an incident in March, seven people, (CAA) and National Register of Citizens, The alarming rise of violence against including polling officials, were killed which left at least 25 students critically women and girls is partly due to the by unknown assailants. In August, the injured—some of them faced life- prevailing culture of impunity and lack of military extrajudicially executed three threatening injuries. government commitment. Indigenous political activists. HUMAN RIGHTS IN ASIA-PACIFIC: 13 REVIEW OF 2019 Amnesty International
Oun Chhin and Yeang Sothearin, former colleagues at Radio Free Asia who are facing espionage charges, after a hearing at the Phnom Penh municipal court on 3 October 2019. © Tang Chhin Sothy / AFP (via Getty Images) CAMBODIA “Everything But Arms” (EBA) trade agreement, citing recent restrictions on BACKGROUND labour and other human rights. Kingdom of Cambodia Head of state: King Norodom Sihamoni The crackdown on human rights that Head of government: Hun Sen began in 2017 primarily targeted independent media, outspoken civil FREEDOM OF ASSOCIATION society organizations and the political The harassment, intimidation and Severe restrictions on civil and political opposition. The Supreme Court dissolved arbitrary arrest of supporters of the rights first imposed in 2017 and 2018 the Cambodia National Rescue Party CNRP intensified throughout the year, intensified over the course of the year. (CNRP) in November 2017 and culminating in a major crackdown related Human rights defenders, peaceful restrictions were imposed on its former to the potential return to Cambodia of demonstrators, labour activists and members. Its leader Kem Sokha was acting CNRP president Sam Rainsy on 9 members of the banned opposition arrested and charged with “conspiracy November.1 Although the planned return party continued to face harassment with a foreign power” in 2017 before did not materialise, at least 60 former and intimidation through misuse of being placed under house arrest in 2018. CNRP supporters were jailed and over the justice system. The continuation of In 2017 and 2018 the authorities shut 100 were subject to politically motivated widespread arrests of people suspected down independent radio stations; The charges, including “plotting against the Cambodia Daily newspaper was forced state” and “attack,” between mid-August of using or selling drugs led to an to close in the face of government and 9 November. Arrests were typically increase in cases of arbitrary detention threats, and The Phnom Penh Post was conducted without due process and in and exacerbated overcrowding in prisons. sold to government-friendly business the absence of arrest warrants. All of Forced evictions and land expropriation interests. The government increasingly those imprisoned during this period were by the military acting on behalf of targeted independent NGOs and trade later released on bail following an order powerful business elites remained unions after the Law on Associations and by Prime Minister Hun Sen, but remained a major problem, and land rights NGOs (2015) and the Trade Union Law charged at year end. protestors continued to face reprisals. (2016) came into force. In 2019 the Freedom of peaceful assembly was European Union (EU) initiated a review One former CNRP member, Sam Bopha, arbitrarily suppressed, and civil society and potential revocation of Cambodia’s was killed in police custody. At least two organizations faced ongoing intimidation. preferential free-trade status under the former CNRP members were beaten with HUMAN RIGHTS IN ASIA-PACIFIC: 14 REVIEW OF 2019 Amnesty International
metal bars by unidentified assailants on the third anniversary of the murder of doubling between 2017 and 2019. The the streets of Phnom Penh in September. independent government critic Kem Ley, crackdown disproportionately impacted CNRP President Kem Sokha was including youth activists Kong Raiya and poor and other at-risk populations. The released from de facto house arrest on Soung Neakpaon, who were charged with government’s anti-drug campaign also 10 November but remained subject to “incitement to commit a felony” and led to increased overcrowding in drug strict bail conditions, including a ban later released on bail.6 detention centres and social affairs on political activity and on leaving the centres, where cases of torture and other country.2 ill-treatment have been long reported. WORKERS’ RIGHTS Over-reliance on pre-trial detention Several CNRP supporters fleeing and the widespread failure to consider The minimum wage was increased persecution and seeking refuge abroad alternatives such as bail in criminal cases by 4.4% to US$190 per month in faced intimidation and harassment in led to violations of the right to liberty. September. Minor amendments to Thailand. CNRP activist Soun Chamroeun the Trade Union Law passed by the was subject to an apparent attempted Constitutional Council in December failed abduction and attacked with a taser on to address undue restrictions on workers’ RIGHT TO HOUSING AND FORCED the streets of Bangkok in December.3 and union rights contained in the original EVICTIONS law. Many trade union leaders continued Outspoken NGOs were subjected to Forced evictions and displacement, to face arbitrary criminal charges.7 unlawful surveillance, threats and including of Indigenous peoples, intimidation by police and local remained a persistent problem. The authorities. Routine NGO events such as human rights impact of forced evictions workshops continued to be shut down UNLAWFUL KILLINGS related to agro-industrial economic despite the revocation of a ministerial Tith Rorn, a former CNRP activist, died land concessions and corruption in regulation that required prior permission in detention in Kampong Cham province land transactions was exacerbated by for such events. in April. He had been arrested three increased restrictions on independent days earlier on a misdemeanour charge media and civil society organizations dating back to 2010. At the time of his working on access to land. Military troops FREEDOM OF EXPRESSION arrest, the statute of limitations had privately hired by business elites and the already expired on the charge. His body holders of economic land concessions Severe restrictions on the right to had injuries consistent with having been harassed and intimidated community freedom of expression perpetuated a beaten, yet no independent inquiry into members protesting against evictions. culture of fear and self-censorship among the death was conducted. In January, 28-year-old Pov Saroth was Cambodia’s few remaining independent shot during a violent forced eviction journalists and media outlets. Rath Rott Two years after the murder of prominent conducted by military and police forces Mony, president of a construction workers activist Kem Ley, an independent in Preah Sihanouk province and was left union, was convicted of “incitement to investigation was yet to be undertaken with a disability. discriminate” in June and sentenced to and no progress was made in identifying two years’ imprisonment based on his any suspects in his murder. role as a translator in a documentary on human trafficking.4 Former Radio INTERNATIONAL JUSTICE Free Asia journalists Uon Chhin and Nuon Chea, the former second-in- Yeang Sothearin remained under DETENTION CONDITIONS command of the Khmer Rouge, died judicial supervision and investigation Severe overcrowding in prisons continued aged 93 in August while appealing his for “supplying a foreign state with to violate prisoners’ rights to health. The convictions for crimes against humanity information prejudicial to national continuation of a three-year anti-drug and genocide by the Extraordinary defence” despite the lack of any campaign led to increasing arrests of Chambers in the Courts of Cambodia. credible evidence against them.5 Seven people suspected of using and selling Two other former Khmer Rouge officials people were arbitrarily arrested in July drugs and exacerbated the overcrowding continued to serve life sentences in relation to the commemoration of crisis, with the prison population imposed by the tribunal. 1. End arbitrary arrests and prosecution of opposition members (ASA 23/1350/2019, 5 November). 2. Reprieve for Kem Sokha a ‘token gesture’ that should not distract from human rights crisis (news story, 10 November). 3. Stop harassment of opposition figures in Thailand (ASA 23/1632/2019, 27 December). 4. Drop trumped-up charges in child sexual exploitation documentary case (news story, 30 May). 5. Drop bogus “espionage” charges against former Radio Free Asia journalists (news story, 13 November). 6. Release prisoners of conscience Kong Raiya and Soung Neakpaon (ASA 23/1291/2019, 27 October). 7. Re: Cambodia’s Law on Trade Unions and Cases Against Union Leaders (joint open letter, 18 December). HUMAN RIGHTS IN ASIA-PACIFIC: 15 REVIEW OF 2019 Amnesty International
A paramilitary policeman stands as tourists wait for the daily flag-raising ceremony in Tiananmen Square before the closing session of the National People’s Congress (NPC) in Beijing’s Great Hall of the People on March 15, 2019. © FRED DUFOUR/AFP via Getty Images CHINA LGBTI people faced widespread discrimination and stigma in society. the top 100 most polluted cities in the world. Due to inadequate medical services, People’s Republic of China they took serious risks by seeking Head of state: Xi Jinping unregulated and improper gender- JUSTICE SYSTEM Head of government: Li Keqiang affirming treatments. LGBTI people also faced abuses in the form of “conversion In February, President Xi Jinping therapy”. emphasized that the legal system should The human rights situation continued to be under the Chinese Communist Party’s be marked by a systematic crackdown absolute leadership. Law enforcement on dissent. The justice system remained The government continued to intimidate, and the judicial system remained largely plagued by unfair trials and torture harass, and prosecute human rights under the control of the party. China and other ill-treatment in detention. defenders and independent NGOs, legalized arbitrary and secret detention, China still classified information on its including raids on their homes and such as “residential surveillance in offices. Human rights defenders’ family extensive use of the death penalty as a a designated location” and an extra- members were subjected to police state secret. judicial system of detention (liuzhi). surveillance, harassment, detention These procedures allowed for prolonged and restrictions on their freedom of incommunicado detention and increased Repression conducted under the guise of movement. the risk of torture and other ill-treatment “anti-separatism” or “counter-terrorism” remained particularly severe in the and forced “confessions”. The UN Amid huge setbacks for human rights, Working Group on Enforced or Involuntary Xinjiang Uighur Autonomous Region China made some progress in its Disappearances sought information on 20 (Xinjiang) and Tibetan-populated areas environmental protection efforts, both by new cases of enforced disappearances in (Tibet). Authorities subjected Uighurs, closing and upgrading polluting factories China from February to May alone. A new Kazakhs and other predominantly and passing new restrictions to tackle regulation, implemented since February, Muslim ethnic groups in Xinjiang to emissions. According to data prepared increased the powers of law enforcement intrusive surveillance, arbitrary detention by Greenpeace Southeast Asia and IQAir and security agencies by exempting and forced indoctrination. AirVisual, Beijing was no longer among police officers from legal responsibility HUMAN RIGHTS IN ASIA-PACIFIC: 16 REVIEW OF 2019 Amnesty International
for any damage they might cause to the XINJIANG UYGHUR AUTONOMOUS ethnic groups are being subjected to property or interests of individuals or brainwashing and other ill-treatment. The REGION organizations while carrying out their descriptions in these documents matched duties. Reports about the detention of Uyghurs, the testimonies Amnesty International Kazakhs and other predominantly Muslim received from former detainees and ethnic groups continued in Xinjiang overseas relatives of those sent to the FREEDOM OF EXPRESSION – THE despite the government’s claim that camps or who went missing in Xinjiang. INTERNET it may eventually phase out purported The documents also further disproved the “vocational training centres”, also known Chinese government’s claims that these The government strengthened its as “transformation-through-education” facilities were merely “vocational training restrictions to the rights to freedom of centres. From early 2017, after the facilities”. expression, association and peaceful Xinjiang government had enacted a assembly. The authorities rigorously regulation enforcing so-called “de- censored all media, from print media extremification”, an estimated up to to online games. With the assistance RIGHTS OF LESBIAN, GAY, one million Uyghurs, Kazakhs and other of private technology and internet ethnic minority people were sent to BISEXUAL, TRANSGENDER AND companies, officials mastered the use of these internment camps. Many religious INTERSEX PEOPLE (LGBTI) facial recognition, real-name registration figures, intellectuals and academics were LGBTI people continued to face systems and big data to keep people detained in Xinjiang merely for exercising discrimination at home, at work, in under indiscriminate mass surveillance their rights to freedom of religion and schools and in public. The authorities and control. In July, a draft regulation expression. This includes Ilham Tohti, a accepted and claimed to have on China’s social credit system proposed Uyghur economist, writer and professor implemented all recommendations on punishing citizens for disseminating who was sentenced to life in prison sexual orientation, gender identity and information that “violates social morality” in 2014 and Tashpolat Teyip, former gender expression at the end of the or causes “adverse social impacts”. In president of Xinjiang University who country’s review process in the third January, Chinese users reported that they was sentenced to death with a two-year cycle of the UN Universal Periodic had been threatened, detained or warned reprieve in 2017, both on charges of Review in 2018. Two recommendations for being active on Twitter – a social “separatism”.2 requested prohibition against media platform officially banned in the discrimination in legislation, but there country. China also extended its control In March the UN High Commissioner is no law that explicitly protects LGBTI of cyberspace beyond its “Great Firewall” for Human Rights stated that her people from discrimination. by launching powerful malware and office sought to engage the Chinese denial of service attacks against overseas government “for full access to carry Following last year’s alleged attempt to servers, websites and messaging apps out an independent assessment of the remove content related to gay issues, continuing reports pointing to wide Weibo, one of the biggest social media deemed problematic. patterns of enforced disappearances platforms, took down content on lesbian and arbitrary detentions, particularly in topics in April. Activists feared that FREEDOM OF RELIGION AND BELIEF Xinjiang”.3 online censorship of LGBTI-related content would intensify. Beijing continued to tighten its grip on In July, 25 countries issued a joint Christians and Muslims as China pushed statement on Xinjiang at the UN Human After an online campaign for legal ahead with the “sanitization of religion”, Rights Council.4 In September, Amnesty recognition of same-sex marriage, which Premier Li Keqiang reiterated at International, together with four other Yue Zhongming, the spokesperson the National People’s Congress in March. human rights organizations published a for the National People’s Congress Many Buddhist and Taoist temples joint letter to the UN Secretary General, Legislative Affairs Commission, publicly and statues, along with mosques and urging the UN to step up pressure on acknowledged public opinion supporting churches, were damaged or destroyed China to end the mass detentions in the recognition of same-sex marriage Xinjiang.5 in the Civil Code. Same-sex couples in on the direction of the government. China were denied equal partnership The authorities jailed religious leaders In November, the New York Times rights because of their sexual orientation. who were not recognized by the party and the International Consortium of for “endangering state security”. On Investigative Journalists disclosed Transgender people were classed as 30 December 2019, pastor Wang Yi of two sets of leaked documents from having a “mental illness”, and gender- the Early Rain Covenant Church was unidentified Chinese officials detailing affirming surgeries required the consent sentenced to nine years for “illegal the crackdown in Xinjiang and the of families. Other criteria to qualify for business operation” and “inciting framework for facilities where hundreds such surgeries - such as being unmarried subversion of state power”. of thousands of predominantly Muslim or having a clean criminal record - HUMAN RIGHTS IN ASIA-PACIFIC: 17 REVIEW OF 2019 Amnesty International
created further barriers to accessing HUMAN RIGHTS DEFENDERS he and three others were convicted of this treatment. Prevalent discrimination “picking quarrels and provoking trouble” The space for human rights defenders for commemorating the 27th anniversary and stigma, restrictive eligibility (HRDs) to freely carry out their work of the Tiananmen crackdown in 2016. requirements, and a lack of information continued to shrink. The authorities resulted in transgender people seeking systematically subjected HRDs to Authorities retaliated against citizen unregulated and unsafe gender-affirming surveillance, harassment, intimidation, journalists and NGO workers reporting treatments.6 detention and imprisonment. Many on human rights violations. Early in activists and HRDs continued to be the year they detained Wei Zhili, Ke Transgender people told Amnesty prosecuted on vague and overly broad Changbing and Yang Zhengjun, editors International that they did not receive charges such as “subverting state power”, of a China labour rights website in any advice or guidance on gender- “inciting subversion of state power” Guangzhou.8 Huang Qi, the co-founder of affirming treatments from their doctors and “picking quarrels and provoking 64tianwang.com, a website that reports when they first started taking hormones. trouble”. Many were held in “residential on and documents protests in China, Instead, they learned about treatment surveillance in a designated location” on was sentenced to 12 years in prison for options from friends and by searching the suspicion of involvement in state security “leaking state secrets” and “providing internet for information. crimes. This form of detention allowed state secrets to foreign entities”. Liu the police to detain individuals suspected Feiyue, the founder of human rights Transgender people who had an urgent of such crimes for up to six months in website Civil Rights and Livelihood need to align their body with their gender an unknown location outside the formal Watch, was detained in late 2016 and identity told Amnesty International that detention system, with suspects denied sentenced to five years in prison for due to the lack of accessible and credible access to legal counsel and families. “inciting subversion of state power” on health-related information, they had had 29 January. Anti-discrimination NGO little choice but to resort to the unsafe The authorities sustained a crackdown workers Cheng Yuan, Liu Yongze, and Wu and risky black market to obtain hormone on dissent and independent voices. Gejianxiong were held in incommunicado medication. Some even attempted to Prominent human rights lawyer Gao detention since 22 July on suspicion of perform surgeries on themselves as they Zhisheng, who launched a memoir “subversion of state power”.9 For the detailing his experience of enforced first time, authorities publicly criticized a believed that accessing gender-affirming disappearance, torture and other ill- foreign NGO, Asia Catalyst, for breaching treatments at a hospital was not possible. treatment, and illegal house arrest, was the Foreign NGO Management Law. again forcibly disappeared in August Amnesty International also received 2017. His whereabouts are unknown. reports of LGBTI individuals being forced In February Beijing human rights lawyer Family members of human rights by their families to undergo “conversion Yu Wensheng was indicted on charges defenders were also subject to police therapies” that claim to change their of “inciting subversion of state power” surveillance, harassment and restrictions sexual orientation, gender identity and “obstructing the duties of public on their freedom of movement. Li Wenzu, and gender expression, in the belief officers” after he had circulated an open the wife of imprisoned human rights that being LGBTI is a mental disorder letter calling for five reforms to China’s lawyer Wang Quanzhang, said that, for requiring treatment. Despite a landmark constitution. Chen Jianfang, a grassroots a long time, she had difficulty finding a judgment in 2014 which declared that civil and political rights advocate, was place to live because police threatened homosexuality was not a disease and formally arrested for “inciting subversion landlords not to sign leases with her. required no treatment, the government of state power” in June 2019.7 Activist Their six-year-old son Quanquan could did not take any action to ban conversion Chen Bing was sentenced to three and a not go to school, as police threatened the therapy. half years’ imprisonment on 4 April after school’s administrators.10 1. UN Act to End China’s Mass Detentions in Xinjiang, (Press release, 4 February 2019). 2. Uyghur academic faces execution in China: Tashpolat Teyip (ASA 17/1006/2019) 3. China Joint Statement Calling for Xinjiang Resolution at the United Nations Human Rights Council, (Joint statement, 4 February 2019) 4. Amnesty International welcomes statement at Human Rights Council addressing China’s appalling violations in Xinjiang (IOR 40/0711/2019) 5. Open letter to UN Secretary General Re: China’s Human Rights Violations in Xinjiang (Joint statement, 17 September 2019) 6. “I need my parents’ consent to be myself” – Barriers to Gender-affirming Treatments for Transgender People in China, (ASA 17/0269/2019) 7. Grassroots women activist held incommunicado: Chen Jianfang (ASA 17/0778/2019) 8. Further Information: Labour activists held in secret detention: Wei Zhili and Ke Chengbing (ASA 17/0790/2019) 9. NGO workers detained for ‘subversion’ (ASA 17/0927/2019) 10. 1413 Days and Counting: Li Wenzu’s fight for her husband’s freedom (Blog, 12 July 2019) HUMAN RIGHTS IN ASIA-PACIFIC: 18 REVIEW OF 2019 Amnesty International
Pro-democracy protesters react as police fire water cannons outside the government headquarters in Hong Kong on September 15, 2019. © Nicolas Asfouri / AFP via Getty Images) HONG KONG district elections with historically high voter turnout. demands, including for an independent and impartial investigation into the use of force by police. As the year went on, Hong Kong Special Administrative Region, People’s Republic both the police and protesters escalated of China Head of government: Carrie Lam FREEDOM OF PEACEFUL ASSEMBLY violence.3 If enacted, the Extradition Bill would Hong Kong police responded to the have exposed individuals in Hong Kong to There was a rapid deterioration in the protests with unnecessary and excessive mainland China’s criminal justice system, rights to freedom of peaceful assembly, use of force. Amnesty International which has a well-documented record of documented the police’s dangerous expression and association as the human rights violations.2 use of rubber bullets and bean bag Hong Kong authorities increasingly adopted mainland China’s vague and rounds; beating protesters who were all-encompassing definition of national The bill’s proposal triggered a series of not resisting; aggressive tactics to security.1 Faced with mass protests, protests beginning in March, including obstruct journalists at protest sites; the government first suspended and three mass peaceful protests with and misuse of pepper spray and tear then in September formally withdrew a estimated numbers of over one million, gas,4 as well as evidence of torture and proposed Fugitive Offenders and Mutual two million and 1.7 million people other ill-treatment in detention.5 On 31 Legal Assistance in Criminal Matters marching peacefully on the streets August, police started deploying water Legislation Bill (the Extradition Bill), on 9 June, 16 June and 18 August, cannons, mixed with irritants and dye which would have allowed the handover respectively. Although the government that indiscriminately marked individuals of persons in Hong Kong to mainland announced withdrawal of the Extradition for identification later.6 In October, the China. After months of protest, pro- Bill on 4 September, the movement government invoked a colonial-era law, democracy parties had landslide wins in broadened its calls with additional the Emergency Regulations Ordinance, HUMAN RIGHTS IN ASIA-PACIFIC: 19 REVIEW OF 2019 Amnesty International
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