Amnesty International Press Release Feed

Malaysia: Internal Security Act used to punish human rights activists

Thu, 04 Sep 2008 17:14:16 +0100

New information about the arbitrary detention of five Malaysian government critics obtained by Amnesty International researchers highlights the need for the Malaysian parliament to immediately abolish the country’s Internal Security Act, Amnesty International said today.

A recent Amnesty International mission to Malaysia researching the human rights situation there established that the sole reason for the detention of five members of Hindu Rights Action Force (HINDRAF), a group dedicated to defending the rights of Malaysia’s ethnic South Asians, was for expressing concerns about the marginalization of ethnic South Asians within Malaysian society and specifically for organizing rallies.

“The detentions illustrate exactly what is wrong with the Internal Security Act,” said Donna Guest, Amnesty International’s Asia-Pacific Deputy Director. “These men are being treated like criminals, but they have never been charged, much less convicted, of a crime. They should be released immediately.”

The government has accused the five of being “leaders and legal advisers of an organization which affects national security of Malaysia through having illegal assemblies, sending of memorandum, forums whose activities incite racial sentiment and hatred towards government among Indians”.

HINDRAF had organized a series of meetings and rallies, culminating in a protest demonstration of some 20,000 people in Kuala Lumpur on 25 November 2007. The five men, Ganabathirau Veraman, Kenghadharan Ramasamy, Manoharan Malayalam, Uthayakumar Ponnusamy and Vasantha Kumar Krishnan, are currently being held at Kamunting Detention Centre, Perak State.

“If the Malaysian opposition parties are serious about reforming the country’s political system, they need to start the process to abolish this draconian legislation,” Donna Guest said. “The ISA has been used for too long to stamp out legitimate criticism of the government.”

Background Information

In 2007, the government demolished a number of Hindu temples to make way for development projects, despite petitions by local Hindu communities. HINDRAF organized series of meetings and rallies, culminating in the protest demonstration of some 20,000 people in Kuala Lumpur on 25 November 2007.

In October 2007, local authorities destroyed an 80-year old Hindu temple in Taman Karuppiah, Shah Alam on the eve of the Hindu Deepavali festival. Police shot at devotees trying to stop the demolition, injuring several of them, and arrested at least 14. When lawyers Ganabathirau, Manoharan, Uthayakumar and HINDRAF leader Waytha Moorthy came to the Police Station to seek bail for the 14 in detention, the police also arrested them. They were released the next day.

Two days before a planned demonstration in the Batu Caves Hindu temple, Uthayakumar, Ganabathirau and Waytha Moorthy were arrested and detained for sedition. They were subsequently released. When the Hindu devotees gathered in the temple, in the early hours of 25 November, police dispersed them using chemically laced water and tear gas. Police then arrested a number of the devotees, most of whom have subsequently been released.

On 11 December, Uthayakumar was arrested for sedition and fined 50,000 Malaysian Ringgits (£7,400) despite the maximum bail for sedition being at 5,000 Malaysian Ringgits (£740). He posted bail but was immediately re-arrested. He was released the next day. On 13 December, police arrested Ganabathirau, Kenghadharan, Manoharan, Uthayakumar and Vasantha Kumar. Waytha Moorthy, who was in the United Kingdom at the time of arrests, is seeking asylum there.

Lawyers of the HINDRAF detainees filed a writ of Habeas Corpus, but this was dismissed by the Federal Court on 15 May 2008. Based on a different set of grounds, their lawyers filed another Habeas Corpus on 4 August. A decision is expected by the Ipoh High Court on 8 September.

At least 65 people are being held at Kamunting Detention Centre under the administrative detention provisions of the ISA. The Internal Security Act allows the police to arrest individuals they believe have acted, or are “about to” or “likely to” act in a way that would threaten Malaysian security, “essential services” or “economic life” (Article 73 (1)b).

Detainees can be held for up to 60 days for investigation by the police, after which time the Home Minister can issue a two year detention order under the ISA. The two year detention can be renewed indefinitely without the detainee ever being charged with a crime or tried in a court of law. As such the ISA is contrary to fundamental principles of international law, including the right to liberty of the person, to freedom from arbitrary arrest, the presumption of innocence, and the right to fair and open trial in a court of law.

Thailand: State of Emergency should not infringe on human rights

Tue, 02 Sep 2008 16:23:07 +0100

The Thai government should remove restrictions on free speech contained in today’s emergency decree, Amnesty International said.

“The government is ultimately responsible for the security of all Thai citizens, regardless of their political views,” said Benjamin Zawacki, Amnesty International’s researcher on Thailand. “But the government should not use this state of emergency to silence free speech or infringe on other human rights.”

“International law is clear that even under a state of emergency people have the right to voice their opinions on all issues affecting them - including on the emergency decree itself - and to articulate viewpoints that differ from those of the government or groups they oppose”.

In addition, the government should limit the decree’s current restriction on freedom to assembly to only the areas in Bangkok most affected by the ongoing protests and stand-off among the various political groups.

“These demonstrations and counter-demonstrations show that many Thai people are frustrated with the lack of respect for the rule of law and the lack of accountability. So what is ultimately needed is greater accountability, upholding the rule of law, and more respect for civil and political rights,” Zawacki said.

Violent clashes between pro-government demonstrators and the anti-government People’s Alliance for Democracy (PAD) outside Bangkok’s Government House left one person dead and more than 40 injured, triggering the declaration of a state of emergency earlier today.

Amnesty International urges all political leaders, including those of the PAD, to respect human rights.

Background
PAD members occupied the state-run National Broadcasting Services of Thailand (NBT) television station on 26 August and thousands continue to occupy Government House, which includes the prime minister’s office, since that day. Incidents of violence occurred on 29 August at both Government House and the Metropolitan Police Headquarters, and an explosion occurred outside a police guardhouse on 1 September. Dozens of protesters and police have been injured, and nearly 100 protesters detained.

Section 9(3) of Thailand’s Emergency Decree on Public Administration in Emergency Situation (2005) prohibits press releases, the distribution or dissemination of letters, publications or any other means of communication containing texts which may instigate fear amongst the people, or is intended to distort information or create understandings of the emergency situation to the extent of affecting the security of state or public order or good morals of the people of the entire Kingdom.

The Thai government has not invoked all provisions of the emergency decree refraining from, among other orders, imposing a curfew on Bangkok. It has also indicated that it would remain in force only as long as necessary.

UK: Government must provide information about rendition, disappearance and torture

Fri, 29 Aug 2008 17:56:32 +0100

Amnesty International today called on the government of the UK to give the lawyers for Binyam Mohamed, a former UK resident imprisoned at Guantánamo Bay, information which it holds and which might help him to show that he has been a victim of torture and other ill-treatment in the US-led programme of renditions and secret detention.

"Providing this information would be a first step towards accountability for the UK's involvement in the US programme of rendition and secret detention, and in the torture and other ill-treatment of terrorist suspects," said Halya Gowan, a spokesperson on Europe at Amnesty International.

Binyam Mohamed was arrested at Karachi airport in April 2002 and handed over into US custody three months later. In July 2002, he was transferred on a CIA-registered plane to Morocco, where he was held for about 18 months and allegedly tortured, including by having his penis cut by a razor blade. He was allegedly subjected to further torture after his further rendition to the "dark prison" in Kabul, Afghanistan, in January 2004. After five months, he was transferred to the US airbase in Bagram, and suffered further alleged ill-treatment there, before being transferred in mid-September 2004 to Guantánamo where he has remained ever since.

"Statements that Binyam Mohamed made in the course of his unlawful detention will form the basis of charges against him if he is tried before a Military Commission at Guantánamo Bay - a trial which would be unfair, and could involve charges which could be punishable by death. Any information which the UK authorities have which relates to violations of his human rights or could help Binyam Mohamed's defence should be disclosed to his lawyers without any further delay", said Halya Gowan.

Following last week's ruling by the High Court of England and Wales that the UK had a duty to disclose this information to lawyers for Binyam Mohamed, today the High Court postponed its decision on an application made by the UK Foreign Secretary to be allowed to withhold this information. The Foreign Secretary claimed that its disclosure would damage the UK's intelligence-sharing arrangements with the USA, and thus threaten the UK's national security. The Foreign Secretary has been given another week to provide the court with a fuller explanation for continuing to withhold this information.

Binyam Mohamed's lawyers need the information now, before a decision is taken about whether he should be tried by a Military Commission in the USA. It is essential to their claim that the information on which the charges against him are based was improperly obtained.

Recent revelations of secret detainee transfers through Diego Garcia, and around the UK's involvement in the rendition and secret detention of UK residents Bisher al-Rawi and Jamil el-Banna, show that the UK can no longer hide its involvement in these human rights violations.

"Secrecy with the excuse of protecting diplomatic relations can no longer be used to justify the failure to investigate the involvement of UK agents in human rights violations," Halya Gowan said.

Amnesty International calls on the UK authorities to instigate without further delay a genuinely independent and impartial public inquiry into all allegations of UK involvement in the renditions programme.

BACKGROUND
Binyam Mohamed, an Ethiopian national, claims that he was subjected to torture and other ill-treatment in Pakistan, Morocco, Afghanistan and Guantánamo and that statements he made - which, as the High Court accepted, will form the basis of evidence against him if he is tried by a Military Commission - were the products of his unlawful detention, torture and ill-treatment.

In August 2007, after a sustained campaign by human rights activists and lawyers in the UK, the UK government requested the release from Guantánamo Bay and return to the UK of a number of former UK residents, including Binyam Mohamed. Although three men were returned in December 2007, the US authorities refused the request for the release and return of Binyam Mohamed. The UK authorities say that they are continuing to request the release and return of Binyam Mohamed.

The UK government has disclosed the information that it holds about Binyam Mohamed to the US authorities; and the US authorities have given the UK a promise that this information will be given to Binyam Mohamed's military lawyer in the event that his case should be sent for trial before a Military Commission. But to date neither the UK nor the US has disclosed that information, which is relevant to the rendition of Binyam Mohamed and his subsequent treatment in detention, to his lawyers.

Amnesty International believes that the Military Commission procedures at Guantánamo Bay are fundamentally unfair, and has called for the Military Commission system to be abandoned, and for all those still held at Guantánamo Bay to be released or given a genuinely fair trial before federal civilian courts without delay.

Cambodia: Lake filling must not lead to forced evictions

Wed, 27 Aug 2008 11:09:16 +0100

The filling of Boeung Kak Lake in central Phnom Penh should immediately stop until a proper process that ensures human rights protection is in place, said Amnesty International and the Centre on Housing Rights and Evictions (COHRE) today.

With work starting on the redevelopment of the lake, tens of thousands of Phnom Penh residents living in its immediate vicinity fear forced eviction. They were not notified the work was going to begin. Few details about the plans have been disclosed as to what will happen to the affected people – an estimated 3,000 to 4,200 families living on the shores of the lake and around the area.

Amnesty International and COHRE said the project process is in breach of both Cambodian and international law.

“In the absence of proper plans, compensation and adequate alternative housing for at least 3,000 affected families, the filling of the lake should be immediately halted. Otherwise, this may be the beginning of the biggest forced eviction in post-war Cambodia,” said Brittis Edman, Amnesty International’s Cambodia Researcher.

“If the government wishes to develop Boeung Kak, they should do so through a legal process, with the participation of communities that live around the lake,” said Dan Nicholson, Coordinator of COHRE’s Asia and Pacific Programme. “Affected communities need to be able to make informed decisions. The serious lack of clear information and accountability shows that preparations are just not in place.”

Background
The development plans for Boeung Kak Lake emerged in 2007, after the Municipality of Phnom Penh had entered into a 99-year lease agreement, handing over management of 133 hectares of land, including 90 per cent of the lake, to a private developer, Shukaku Ltd. According to the Municipality, this company will turn the area into “pleasant, trade, and service places for domestic and international tourists.”

As recently as two weeks ago, representatives of the Municipality conceded to journalists in Phnom Penh that they did not know how many people were affected, but estimated the number to be just 600 families. Local group surveys show the number to be far higher.

In breach of international law and standards the process leading up to the agreement between the company and the Municipality of Phnom Penh excluded affected communities from participation and genuine consultation. Information has been lacking throughout the process, and community members and housing rights advocates in Phnom Penh consider that offers of compensation and/or adequate alternative housing have not been systematic, while resettlement plans have been withheld from the public.

The agreement also appears to breach domestic law and implementing regulations in that no environmental impact assessment has been made public and no bidding procedure preceded the agreement. Moreover, according to the 2001 Land Law, the lake itself should be inalienable state land (so-called state public property), so its ownership cannot be transferred for longer than 15 years, during which time the function [of the property] must not change. Many of the affected families have strong legal claims to the land under the Land Law.

Olympics: China and IOC must learn from mistakes and uphold human rights values

Sun, 24 Aug 2008 15:02:19 +0100

As the Beijing Olympics ended, Amnesty International today accused the Chinese authorities of prioritizing image over substance as it continued to persecute and punish activists and journalists during the Games.

The organization also criticised the International Olympic Committee (IOC) for tarnishing the human rights legacy of the Olympics by turning a blind eye to the abuses.

“The Beijing Olympics have been a spectacular sporting event but they took place against a backdrop of human rights violations, with activists prevented from expressing their views peacefully and many in detention when they have committed no crime,” said Roseann Rife, Amnesty International’s Asia-Pacific Deputy Program Director in Hong Kong.

“The Chinese authorities and the IOC had an opportunity to demonstrate human rights improvements but in most respects they failed to deliver. Forced evictions, detention of activists and restrictions on journalists should not blight another Olympics,” said Roseann Rife.

Amnesty International’s statement came after Jacques Rogge, President of the International Olympic Committee, said at the closing of the Beijing Olympics:
'These were truly exceptional Games.'

During the course of the Games, Amnesty International documented continued patterns of human rights violations directed at peaceful activists and journalists in China, including:

Activists being detained and punished -- including by being assigned to “Re-education through Labour” -- for repeatedly applying for permission to demonstrate in the protest zones.

The ongoing imprisonment or arbitrary arrests of Chinese journalists and human rights activists who have tried to report on human rights violations.

Petitioners and activists being denied permits to engage in peaceful demonstrations in government-designated protest zones in parks around Beijing. On 18 August, and after repeated questioning from the media, the Chinese authorities claimed they had received 77 protest applications involving 149 people, but that 74 had been ‘withdrawn’, two had been ‘suspended’ and one had been ‘vetoed’.

"It is high time for the IOC to put its core values of ‘human dignity’ and ‘universal, fundamental ethical principles’ into practice by making human rights a new pillar of the Olympic Games.”

Amnesty International called on the IOC to learn the lessons from Beijing by building concrete and measurable human rights impact indicators into all future Olympics bid processes and host city contracts.

Amnesty International recognized some positive steps taken by the authorities, including the unblocking of several international websites -- such as www.amnesty.org -- in response to strong public concern expressed by Beijing-based journalists at the start of the Games.

However, Amnesty International urged the Chinese authorities to extend the unblocking across the board and to make permanent the temporary regulations introduced for foreign journalists in China in the run-up to the Games, ensuring that they are uniformly and effectively enforced.

Note to Editors
Many Chinese activists have been persecuted and punished for speaking out about human rights violations before or during the Beijing Olympics. For example:

Housing rights activist, Ye Guozhu , is being held in police custody after completing a four-year prison sentence in connection with his attempts to draw public attention to alleged forced evictions in Beijing due to Olympics-related construction. The police said he would be kept in detention to keep him and his family out of trouble until the Olympics and Paralympics were over. On 26 July, the police sent the family an official detention notice stating that Ye was being held at Xuanwu district police detention centre on suspicion of “gathering a crowd to disturb order in a public place”, but provided no further detail. Amnesty International received reliable reports that police beat him with electroshock batons before his trial and he was subjected to further beatings in prison.

Two elderly women, Wu Dianyuan (aged 79) and Wang Xiuying (aged 77) were accused of “disturbing public order” and assigned to one year of RTL after they applied to demonstrate in one of the official protest zones. They had been petitioning the authorities since 2001 when they were evicted from their homes to make way for a development project. Beijing city officials ruled that they would not have to serve their time in an RTL facility as long as they ‘behaved’, but that restrictions would be placed on their movements.

The Olympic pillars are currently sports, culture and the environment. The environment was added in 1994 at the winter Olympics in Norway in recognition of the negative impact major sporting event can have on the surrounding environment.

Amnesty International’s experts on China are available for interviews in English and Mandarin. To arrange an interview, please contact:
In Hong Kong, Roseann Rife, Asia Pacific Deputy Director on mobile: +852 9103 7183
In London, press officer on call on +44 7778 472 126

END/

Public Document
****************************************

For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 or email: press@amnesty.org

International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK www.amnesty.org

Working to protect human rights worldwide

Philippines: Mindanao civilians under threat from MILF units and militias

Thu, 21 Aug 2008 18:17:37 +0100

Tens of thousands of civilians who have already suffered from the renewal of violence in Mindanao could be at even greater risk if the Philippine government supports the creation of untrained and unaccountable civilian militias, Amnesty International said today.

Armed conflict in Mindanao escalated after 4 August, when the Supreme Court suspended a peace agreement between the Philippine government and the Moro Islamic Liberation Front (MILF). After 4 August, a number of MILF units occupied farmlands in North Cotabato province and burned houses, displacing more than 150,000 people. Two weeks later, MILF units in Lanao del Norte province engaged in attacks on civilians, hostage taking, bombings and arson, forcing another 50,000 people to flee their homes. The MILF central leadership has denied ordering the attacks carried out by two of their commanders.

The MILF has justified some of its recent attacks by claiming that it was targeting Civil Volunteer Organization (CVO) forces and other police auxiliaries, established by local government as emergency protection.

“MILF units that targeted villages have engaged in serious violations of international law and should be held to account,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.

“But experience from around the world shows that the deployment of civilian militias can set off a chain of reprisals and only increases the danger facing civilians.”

“All sides to this conflict should step back from the brink and demonstrate their commitment to avoid harming civilians. The MILF must control its forces, and the Philippine government should take responsibility for the security of all peoples in the Philippines, regardless of religion or ethnicity,” said Sam Zarifi.

Amnesty International has verified that local political leaders in Mindanao’s Iligan City and North Cotabato province led efforts to form civilian militias after the MILF attacks. In Iligan City, the site of two bomb attacks on 17 August blamed on MILF elements, a group of 300 licensed gun owners, politicians and local government officials have set up a civilian militia called “God Save Iligan City”. In North Cotabato province, armed civilians have already formed village militias, also known locally as CVOs. Local security officials reportedly rejected a request from North Cotabato’s vice governor to provide ammunition for the CVO. However, Amnesty International has confirmed that local patrons have already supplied guns and ammunition to CVOs and police auxiliaries.

In Western Mindanao, the Provincial Peace and Order Council composed of civil society, military and local authorities in Zamboanga del Norte province decided to arm CVOs on 19 August. Zamboanga del Norte’s governor justified this move by stating: “We have to protect ourselves... the military could not warrant our safety. They come late.”

The following day in the nation’s capital, the Director General of Philippine National Police (PNP) announced to the media that 1,000 shotguns will be shipped to Mindanao and given to “selected, screened and trained police auxiliaries” and deputised village watchmen and selected CVOs, all of whom are civilians. The PNP has pledged to provide an additional 12,000 more if this effort is successful.

In at least one instance verified by Amnesty International, armed members of a CVO prevented representatives of the Joint Monitoring and Assistance Team from reaching an affected community, claiming direct orders from the town’s mayor.

“The recent violent attacks by MILF elements have of course shaken many of Mindanao’s residents, who have every right to demand greater protection,” said Sam Zarifi. “Many people in Mindanao are terrified of a return to a period when armed Muslim insurgents and Christian vigilante ‘Ilaga’ groups attacked civilians with impunity.”

Background
On 4 August the Supreme Court issued a temporary restraining order against the signing of the Memorandum of Agreement on Ancestral Domain by the Philippine government and the Moro Islamic Liberation Front.

The Philippine Supreme Court is scheduled to hold another hearing tomorrow, Friday 22 August.

The Memorandum of Agreement, which will create the Bangsamoro Juridical Entity, would have been a breakthrough in the decade-long peace talks. The Memorandum aimed to formally open negotiations between the government of the Philippines and the MILF to end the four-decade conflict in Mindanao that has claimed the lives of an estimated 120,000 people, displaced some two million and impoverished the resource-rich region.

The Memorandum would have expanded the Autonomous Region in Muslim Mindanao. The governors of affected communities in North Cotabato and Zamboanga, with large Christian populations, challenged the agreement before the Supreme Court, claiming that their right to information and participation in making decisions that affect their lives was not respected.

Sudan: Hundreds unaccounted for and 109 to face sham courts over May attacks

Mon, 18 Aug 2008 13:14:22 +0100

Amnesty International today accused the Sudanese government of holding hundreds of people – including women and a nine-year-old – without charge or access to lawyers as they prepare to try another 109 in sham courts over the armed attacks by the Justice and Equality Movement (JEM) on 10 May in the outskirts of Khartoum.

The fate and whereabouts of most of those still held in Khartoum over the 10 May attacks remain unknown. Many are still unaccounted for and Amnesty International has received reports of torture and ill-treatment from people who were released and fears those still detained are at high risk of torture or that they have been disappeared.

Amnesty International’s charge comes after eight alleged JEM members were sentenced to death by Sudan’s Anti-Terrorism Special Courts yesterday in trials that failed to meet international standards of fairness. The verdict takes the number of individuals sentenced to death in relation to the 10 May attack to 38.

“Sudan’s Anti-Terrorism Special Courts are nothing but a travesty of justice,” said Tawanda Hondora, Africa Deputy Director at Amnesty International “Some of the people sentenced yesterday only met their lawyers for the first time during the trial, while several said they suffered torture when they were held incommunicado and that they were forced to confess to crimes.”

“Those trials were clearly unfair and now Sudan is preparing to try yet more people with this system. How is that justice?” said Tawanda Hondora.

One of the lawyers of those convicted on 17 August told Amnesty International that his request for an investigation into the allegations of torture and ill-treatment by his client was rejected by the court – including an appeal for a medical examination despite the fact that “marks of ill-treatment were still clearly visible on their bodies” when the accused were facing the judge.

The defence lawyers have appealed all the verdicts within the limited period allowed by the Special Courts. The final decision -- expected to come in the next weeks -- has to be taken by a Special Court of Appeal. Thereafter, the President will have to sign the decision for the executions to be carried out.

“The Sudanese government has the duty to investigate crimes and bring the perpetrators to justice but they must do it in accordance to international law and their own constitution, which guarantees fair trials,” said Tawanda Hondora. “We urge the Sudanese authorities not to execute these men and to review their cases immediately, according to Sudan’s laws.”

Amnesty International also urged the Sudanese authorities to reveal the whereabouts of all individuals held in the context of the 10 May investigation and urges that all are promptly charged or else released immediately. The organization also calls for all detainees to be given regular access to lawyers and family and to be provided with the appropriate medical attention.

Background Information
On 10 May 2008, the Justice and Equality Movement (JEM) launched an attack in the outskirts of Khartoum.

In the weeks following the attack hundreds of individuals were arrested by Sudanese police and security forces. Amnesty International received reports that extra-judicial executions occurred during the waves of arrests.

Anti-Terrorism Special Courts were established on 29 May to try individuals accused of participating in the attack in Khartoum. The 17 August verdict is the fourth issued by the Special Courts.

Sri Lanka: LTTE, government endangering lives of tens of thousands of newly displaced around Wanni

Thu, 14 Aug 2008 13:40:51 +0100

Thousands of families who fled the recent fighting between Sri Lankan forces and the Liberation Tigers of Tamil Eelam (LTTE) must be allowed to move to safer areas and to receive necessary humanitarian assistance, Amnesty International said today.

“These people are running out of places to go and basic necessities,” said Yolanda Foster, Amnesty International’s Sri Lanka researcher. “The Tigers are keeping them in harm’s way and the government is not doing enough to ensure they receive essential assistance.”

Government aerial bombardment and artillery shelling since May has forced more than 70,000 people to flee their homes, primarily in Kilinochchi and Mulaitivu districts.

Amnesty International has established that around a third of these families are living in the open air with no shelter. Many cannot receive food, tarpaulin for temporary shelters and fuel because of a lack of access into LTTE-controlled areas and restrictions on goods going through Omanthai - the crossing point between government-controlled territory and that held by the LTTE. Some families have been forced to move several times.

In the LTTE-controlled Wanni area, the Tigers have hindered thousands of families from moving to safer places by imposing a strict pass system and, in some instances, forcing some family members to stay behind to ensure the return of the rest of the family. These measures seem designed in part to use civilians as a buffer against government forces -- a serious violation of international humanitarian law. The LTTE has also engaged in forced recruitment.

Lack of cement to build adequate toilets and washrooms has forced people to use open bathing facilities. The lack of adequate privacy for women and girls has led to a notable increase in reports of sexual and gender based violence.

Amnesty International has also received reports that the government is housing those who have been able to leave LTTE areas in temporary shelters that often operate as de facto detention centres. Witnesses from Kalimoddai camp in Mannar district told Amnesty International that more than 200 families who are held there cannot exit the camp for any reason (except to go to school) without obtaining a pass from the government’s security forces.

“Both sides to this long conflict have again shown that they will jeopardize the lives of thousands of ordinary people in the pursuit of military objectives,” said Yolanda Foster. “In the absence of independent international monitors, Sri Lankan civilians lack protection and remain at the mercy of two forces with long records of abuse.”

Background
The Sri Lankan military has launched a major offensive to reclaim areas of the north and east previously controlled by the LTTE. Families have been multiply displaced. According to UNHCR, as of 30 June, there are some 467,000 individuals displaced by conflict in Sri Lanka’s north and east. This figure includes an estimated 194,900 persons who were displaced after fighting intensified in April 2006.

India: Repeal shoot on sight orders

Wed, 13 Aug 2008 17:59:58 +0100

The government of the Indian state of Jammu & Kashmir should rescind the order issued today to authorize security forces to “shoot on sight” in response to communal clashes in the town of Kishtwar, Doda district, Amnesty International said.

Kishtwar witnessed violent clashes between Hindus and Muslims on 12 August, where at least two people were killed as a result of alleged police firing. It is one of several towns in the state currently under curfew in the wake of protests that have left at least 28 people dead.

“Shoot on sight orders are a clear violation of the right to life and of international standards of law enforcement,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “The volatility of the situation in Jammu & Kashmir requires more sensitivity from the authorities, not a shoot on sight order.”

Since the state government announced a proposal to transfer forest land from the state to the Amarnath Shrine Board on 26 May, in order to accommodate the annual Hindu pilgrimage at the Shrine, there have been a series of protests and counter protests that have grown increasingly violent.

More public protests have been announced in the run up to Indian Independence Day on 15 August by the All Party Hurriyat Conference (APHC), one of the largest predominantly Muslim political formations in Jammu and Kashmir.

“The Indian authorities should conduct investigations and bring to justice police officers, as well as protesters, in a quick, transparent, and fair way in order to cool down sectarian tension,” said Sam Zarifi.

Amnesty International calls on the Government of India to ensure that it protects the right to life in accordance with its responsibilities under international law. This includes the International Covenant on Civil and Political Rights, to which it is a state party, and standards such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct for Law Enforcement Officials, which state that firearms should be used only when strictly unavoidable in order to protect life.

Background
The government of Jammu and Kashmir reversed the proposed transfer of the disputed forest land on 1 July after ten days of protests in Kashmir. The reversal prompted counter protests during which demonstrators in the Jammu region obstructed traffic on the Jammu-Pathankot National Highway, the main land route to the Kashmir region. Members of the Hindu nationalist groups -- including the Bharatiya Janata Party as well as the Vishwa Hindu Parishad (World Hindu Council) – have been accused of having initiated an economic blockade by stopping traffic in both directions on the highway. The traffic stoppage reportedly led to shortages of essential food in the Kashmir valley and damaged perishable goods shipped out of the valley. Police opened fire on those attempting to block the highway on 6 August, leading to one death in Kathua district.

On 10 August, the central government’s Home Minister, Shivraj Patil, announced that the highway was now open, under the control of security forces. Despite this assurance and a promise of compensation to those whose fresh produce had perished, the APHC called for a march of fruit growers towards Muzaffarabad (capital of the Pakistani-controlled region of Kashmir, known as Azad Kashmir). Senior All Party Hurriyat Conference leader – Sheikh Abdul Aziz – was one of five people killed in the subsequent police firing. News of his death triggered further violence and another 15 deaths have allegedly taken place as a result of police firing in various parts of Kashmir on 12 August.

The region will soon take part in state as well as national elections.

South Ossetia: Observation of international humanitarian law and protection of civilians essential

Mon, 11 Aug 2008 10:31:53 +0100

Amnesty International calls on all sides in the conflict in South Ossetia to fully respect international humanitarian law and as such, to ensure that civilians are protected from hostilities. The same standards must also be respected in other related hostilities reported to be breaking out in the Kodori Gorge in Abkhazia, another disputed region of Georgia.

"All parties to the conflict must abstain from direct attacks on civilians. Their operations must also avoid attacks which do not attempt to distinguish between military and non-military targets. We are concerned that some of the attacks mounted in South Ossetia could amount to war crimes," said Amnesty International.

In addition, Georgia and Russia must provide protection and safe passage to people fleeing from the conflict and allow unimpeded access to humanitarian relief to those in affected areas.

Background to International Humanitarian Law
All parties to the conflict must comply with principles of international humanitarian law which are binding on states and non-governmental armed groups.

Key among these is the principle of distinction between civilian and military targets, and the protection of civilians; direct attacks against civilians or non-military objects are prohibited; also prohibited are indiscriminate attacks which do not attempt to distinguish between military and non-military targets, or which use inherently indiscriminate weapons; disproportionate attacks are prohibited too which, while aimed at a legitimate military target, but have a disproportionate impact on civilians relative to the military objective; parties must take measures to protect the civilian population from the dangers arising from military operations - this includes not locating military objectives among civilian concentrations; civilians must have access to humanitarian assistance, and humanitarian agencies must be allowed access to the civilian population; all prisoners, the wounded and those seeking to surrender, must be treated humanely - prisoners must never be killed or held as hostages; anyone responsible for grave breaches of international humanitarian law should be brought to justice in a fair trial, and reparations should be provided to the victims of such violations.