|
|
Fact Files A dehumanised humanity Introduction Even in the 21st century, the biggest challenge for mankind is to protect
human rights especially of the economically, politically, socially, culturally
disadvantaged and marginalised groups particularly in developing societies.
The human civilisation has failed to pay enough attention and allocate enough
resources to save humans from being dehumanised even in the age of information The common violations of human rights in the South Asian region are: arbitrary arrests; abduction; extortion; assault; forced conscription; torture; custodial deaths; fake police encounters; disappearances, acid attacks on women; stove burning for failing to provide dowry; honour killings; rape and gang rape of women and minor girls by security forces and individual civilians are a matter of routine; corruption in police, judiciary, and bureaucracy; control over political parties; denial of right of freedom of speech, right to privacy, freedom of association, freedom of assembly, and freedom of religion; forced exiles; religious intolerance and persecution of religious and ethnic minorities and religious and sectarian violence; forced conversions of persons belonging to religious minorities by extremists in majority to their own faith and forced marriages under the guise of conversions; over-crowding of prisons; sexual abuse of children and women in prisons by jail authorities as well as by influential prisoners; intimidation, unlawful arrests, torture and murders of critical journalists and enactment of restrictive press laws; dissolution of labour unions, NGOs and human rights groups; children dying due to malnutrition; kidnapping of children for forced labour or beggary; child labour; recruitment of children for war and other criminal activities; trafficking of children and women for sex trade and other inhuman activities like camel race; illiteracy and continued negligence of governments to provide educational facilities to their masses; lack of autonomy to universities and clashes among student groups with vested interests; violence in schools; domestic violence; unemployment and underemployment; non-implementation of labour laws; disorganised labour sector; poverty; hunger; inflation; suicides; bonded labour; lack of health facilities; substandard and adulterated medicines; lack of commitment on the part of medical staff; drug addiction; severe shortage of adequate housing facilities - majority of population lives in squatter settlements; forced eviction, relocation and displacement of people; armed and inter-ethnic conflicts claiming lives of civilians; and discriminatory laws against minorities and women. Of the above categories of human rights violations, all or several are going on in every country of the South Asian region. Following extracts from the print media can further help in understanding the concrete situation of human rights violations in the countries of the South Asian region. SAARC & Human Rights "The international trend of conditioning bilateral or multilateral assistance or trade advantages on the recipient or trading state's compliance with basic human rights has stirred the murky waters. "The Declaration of the 9th SAARC Summit which was held in the Maldives stated that such protectionist barriers were a concern for the Heads of State or Government of SAARC countries. It also stated their resolve to take all necessary steps to achieve the objective of human rights and reiterated their commitment to promotion and protection of human rights. 'Asian states have continued to argue that human rights are not universal and that it is a western notion' "However, the defensive approach, instead of an active approach, of these states is a clear manifestation of their repressive regimes and not of the ideals of the communities of these states. What has been done to promote or protect their people from the society at large or the state? "What are the justifications being laid out by such states for trampling on universal human rights. Asian states have continued to argue that human rights are not universal and that it is a western notion. Contemporary arguments strive for the cachet of cultural relativism, merely a defense against outside interference. Is it an interference or a legitimate interstate affair? "This brings us to contemplate if economic and social welfare is to be given priority to human rights or if it goes parallel to each other. True economic and social welfare is to be found where human rights are fully respected and adhered to. "The Asian state is an imposition on the community. It relies on coercion of and sanctions on its people. There is a grave need for humanisation and democratisation. Much of the deplorable activities of such states are filtered through the state system and diplomatic channels before reaching the international stage. "Asian government leaders, do not represent their people, when they make pronouncements on human rights. It is neither to be supposed that their views are based on perspectives which emerge from culture, religion or the Asian realities. "Only recently has the international movement of safeguarding and promoting human rights begun. Much needs to be attained in this regard. Most violations are frequently and conveniently ignored. Only gross violation acts such as mass massacres are acknowledged but, even then, the usual reaction is simply a polite diplomatic regret. It is apparent that if violations of human rights are to be ignored then it is the gravest conflagration of all. Be not silent, for it is the voice of complicity. "Human rights adhere to human being by virtue of being human and for no other reason !" - http://www.geocities.com/ Bangladesh Human rights violated: Amnesty " 'Political instability, unchecked police brutality and institutional weakness appeared to be major factors in continued widespread human rights violations,' said the report, made available in Dhaka by the Bangladeshi chapter of Amnesty International. "Fierce clashes between ruling and opposition party activists, and police action during anti-government street protests left hundreds of people injured and dozens dead, the report said. "Police brutality included torture to extract information or bribes and to punish people under arrest. At least three people died in custody after torture, while three women were raped by police, the report said."Police held hundreds of people, including political activists, under special laws that allow arrest without charge or trial for an indefinite period. 'Political instability, unchecked police brutality and institutional weakness appeared to be major factors in continued widespread human rights violations' - AI Report "Violence against women continued to increase in the last year, the report said. Hundreds of women were scarred and maimed in acid attacks by spurned suitors or by husbands over domestic disputes. The report did not give exact figures. "Scores of women were murdered by husbands or in-laws for failing to provide dowry, which is prohibited by Bangladesh law. The failure of the police to prevent, investigate and take legal action against violent attacks on women meant perpetrators were rarely punished, it said. "In one case, Amnesty said, police demanded a large bribe to investigate the reported gang rape of a 12-year-old girl. "Corruption within the police force and the judiciary, and cumbersome bureaucracy blocked access to justice for those without money or political influence, helping the violators of human rights, the report said. "Although the government pledged a range of institutional reforms to improve human rights protection, implementation was slow. The proposed National Human Rights Commission and the Office of Ombudsman were yet to be established by the end of 1999, the report noted." - The Times of India, June 16, 2000 Human rights problem in Bangladesh "Institutional weakness, political instability and unchecked police brutality appeared to be the major factors in continued widespread human rights violations. Hundreds of people were injured and dozens killed, some as a result of police action, in nationwide strikes (hartals) called by opposition parties during 1999. Political party activists and student groups with links to the ruling and opposition parties continued to perpetrate acts of violence, including beating political opponents to death. Apparent corruption within the police and the lower judiciary, and burdensome bureaucracy, 'Political confrontations between the major opposition parties and the ruling Awami League, which were at times violent, dominated politics in Bangladesh' facilitated impunity for perpetrators of human rights violations and impeded access to justice for those without money or political influence. "Political confrontations between the major opposition parties and the ruling Awami League, which were at times violent, dominated politics in Bangladesh. A coalition led by the largest opposition party, the Bangladesh Nationalist Party, accused the government of political and economic mismanagement, boycotted sessions of parliament and local elections and resorted to nationwide strikes which frequently brought the country to a standstill. Violent clashes between government and opposition supporters were a regular feature of the strikes. The government offered to enter into negotiations with the opposition, proposing to hold early elections. It later accused the opposition of not responding and stated that it would complete its term of office. "Disproportionate use of force by the police against demonstrators continued to be reported throughout 1999. Scores of people were injured when police indiscriminately beat anti-government protesters or journalists covering the hartals. Torture, consisting mostly of beatings by the police, was reportedly routine in all areas of the country. It was used to extract bribes or information, or to inflict punishment on detainees. At least three people were reported to have died in custody as a result of torture. "Women were subjected to an increasing number of violent attacks, highlighting the government's failure to take adequate measures to protect women and address underlying gender discrimination. Custodial violence against women continued to be reported, with at least three cases of women being raped by police. In the wider community, hundreds of women and girl children were scarred and maimed in acid attacks and scores of others were murdered in dowry-related incidents. "The failure of law enforcement officials to exercise due diligence
to prevent, investigate and take legal action on acts of violence against
women meant that perpetrators were rarely held to "Although the government committed itself to a range of institutional reforms to improve human rights protection, implementation was unduly slow. Neither the proposed National Human Rights Commission nor the Office of Ombudsman had been established by the end of 1999. Very few recommendations of the Public Administration Reform Commission, set up to examine ways of improving the effectiveness of public services, had been fully implemented. Despite calls by human rights activists for the Special Powers Act (SPA) to be withdrawn or amended, the law (which allows detention without charge or trial for an indefinite period) was still used to detain hundreds of people including political opponents. Although most people held under the SPA were released after short periods, others remained detained for prolonged periods. Some were released only after the High Court ruled their SPA detention orders to be unlawful. 'Although the government committed itself to a range of institutional reforms to improve human rights protection, implementation was unduly slow' "The death penalty continued to be imposed with at least 19 people sentenced to death for murder. No executions were reported. "In May 1999, tribal leader Shantu Larma finally took charge of the interim Chittagong Hill Tracts Regional Council, after delays caused by disagreement over three government-nominated members. AI delegates who visited the area in May found that almost two years after the signing of a peace accord, some of its main provisions had not been implemented. These included the rehabilitation of all returned refugees, settlement of land confiscated from the tribal people, and withdrawal of non-permanent army camps from the Chittagong Hill Tracts. "Tension between pro- and anti-peace accord tribal groups and between tribal inhabitants and Bengali settlers often erupted into violence. At least six people were killed and dozens injured as the different groups clashed with each other." - Annual Report 2000, Amnesty International Bhutan Country Report on Human Rights Practices for 1999 "The Government significantly restricts the rights of the Kingdom's citizens, and problems remain in several areas. The King exercises strong, active, and direct power over the Government. 'The Government significantly restricts the rights of the Kingdom's citizens,
and problems remain in several areas. The King exercises strong, active, and
direct power over the Government' Citizens do not yet have the right to change
their government. The Government discourages political parties, and none operate
legally. There were reports that security forces beat ethnic Nepalese refugees
who entered the country to demonstrate. Arbitrary arrest and detention remain
problems. Judges serve at the King's pleasure, and the Government limits significantly
the right to a fair trial. For example, the Government sends many lawyers to India and other countries for legal training. The Government limits significantly citizens' right to privacy. The Government restricts freedom of speech, the press, assembly, and association. The Government launched the country's first indigenous television service in June, modifying a ban on private television reception that had 'The Government limits significantly citizens' right to privacy. The Government restricts freedom of speech, the press, assembly, and association' been in place since 1989. Citizens face significant limitations on freedom of religion. In July 1998, the Government initiated steps to renew negotiations with the Government of Nepal on procedures for the screening and repatriation of ethnic Nepalese in the refugee camps, and the two governments held a series of meetings during the second half of that year. After a 3-year hiatus, ministerial-level bilateral talks resumed in September. The Government restricts worker rights. "The Government claims that it has prosecuted government personnel for unspecified abuses committed in the early 1990's; however, public indications are that it has done little to investigate and prosecute security force officials responsible for torture, rape, and other abuses committed against ethnic Nepalese residents. "There were no confirmed reports of political or other extrajudicial killings during the year; however, there were press reports that a prisoner detained since 1997 died after he was tortured. Human rights groups allege that Gomchen Karma, a Buddhist monk arrested in October 1997 during a peaceful demonstration in the eastern part of the country, was shot and killed by a government official. The Government stated that the shooting was accidental, that the official responsible has been suspended from duty and charged in connection with the incident, and that his case was being heard as of the end of 1998. "Prison conditions are reportedly adequate, if austere. In 1993 the
International Committee of the Red Cross (ICRC) began a program of visits
to prisons in the capital, Thimphu. In 1994 a new prison in Chemgang was opened.
Together, these events contributed to a substantial improvement in conditions
of detention over those that existed until a few years ago. Bhutanese human
rights groups active outside the country maintain that prison conditions outside
of Thimphu remain oppressive. to occur. Incommunicado detention of suspected militants was a serious problem
in 1991 and 1992, but the initiation of ICRC prison visits and the establishment
of an ICRC mail service "Amnesty International (AI) has reported that some of those arrested are feared to be at risk of torture. Bhutanese human rights groups outside the country claim that the arrests, including those of several Buddhist monks, are aimed at imposing Ngalong norms on the eastern, Sharchop community, which has a distinct ethnic and religious identity. The Government denies that it has such a policy; many government officials, including both the former Head of Government, Foreign Minister Jigme 'Although the Government does not formally use exile as a form of punishment, many accused political dissidents freed under Government amnesties say that they were released on the condition that they depart the country' Thinley, and the Chief Justice of the High Court Sonam Tobgye, are Sharchops. "Although the Government does not formally use exile as a form of punishment, many accused political dissidents freed under Government amnesties say that they were released on the condition that they depart the country. Many of them subsequently registered at refugee camps in Nepal. The Government denies this. "There is no written constitution, and the judiciary is not independent of the King. The judicial system consists of district courts and a High Court in Thimphu. Judges are appointed by the King on the recommendation of the Chief Justice and may be removed by him. Village headmen adjudicate minor offenses and administrative matters. "Criminal cases and a variety of civil matters are adjudicated under
a legal code established in the 17th century and revised in 1958 and 1965.
For offenses against the State, state-appointed prosecutors file charges and
prosecute cases. In other cases, the relevant organizations and departments
of government file charges and conduct the prosecution. Defendants are supposed
to be presented with written charges in languages that they understand and
given time to prepare their own defense. However, this practice is not always
followed, according to some political dissidents. In cases where defendants
cannot write their own defense, courts assign judicial officers to assist
defendants. There were reports that defendants receive legal representation
at trial, and that they may choose from a list of 150 government-licensed
and employed advocates to assist with their defense; however, it is not known
how many defendants actually receive such assistance. A legal education program
is gradually building a body of persons who have received "Defendants have the right to appeal to the High Court and may make
a final appeal to the King, who traditionally delegates the decision to the
Royal Advisory Council. Trials are to be conducted in open hearings; however,
there are allegations that this is not always the case in practice. board of directors nominally responsible for editorial policy is appointed by and can be removed by the Government. Kuensel, which publishes simultaneous editions in the English, Dzongkha, and Nepali languages, supports the Government but does occasionally report criticism of the King and Government policies in the National Assembly. Nepalese, Indian, and other foreign newspapers are available. 'The Government restricts freedom of speech and of the press. Bhutanese human rights groups state that government ministries regularly review editorial material and have the power to, and regularly do, suppress or change content' "The Government restricts freedom of assembly and association. Citizens may engage in peaceful assembly and association only for purposes approved by the Government. Although the Government allows civic and business organizations, there are no legally recognized political parties. The Government regards parties organized by ethnic Nepalese exiles - the Bhutan People's Party (BPP) and the Bhutan National Democratic Party (BNDP) - as well as the Druk National Congress (DNC) - as " terrorist and anti-national " organizations and has declared them illegal. These parties do not conduct activities inside the country. They seek the repatriation of refugees and democratic reform. "Bhutan is not a signatory to the 1951 U.N. Convention Relating to the
Status of Refugees or its 1967 Protocol. "Political parties do not exist legally, and their formation is discouraged by the Government as unnecessarily divisive. The Government prohibits parties established abroad by ethnic Nepalese. "Women are underrepresented in government and politics, although they have made small but visible gains. Three women hold seats in the National Assembly. "There are no legal human rights non-governmental organizations (NGO's) in the country. The Government regards human rights groups established by ethnic Nepalese exiles - the Human Rights Organization of Bhutan, the People's Forum for Human Rights in Bhutan, and the 'Women are underrepresented in government and politics, although they have made small but visible gains. Three women hold seats in the National Assembly' Association of Human Rights Activists - Bhutan--as political organizations and does not permit them to operate in the country. Amnesty International (AI) visited Bhutan in 1992 to investigate and to report on the alleged abuse of ethnic Nepalese. In late November 1998, AI again sent a delegation to the country; by year's end, it had not published a report on the visit. "Outraged by what they saw as a campaign of repression, ethnic Nepalese mounted a series of demonstrations, sometimes violent, in September 1990. The protests were spearheaded by the newly formed Bhutan People's Party (BPP), which demanded full citizenship rights for ethnic Nepalese, the reintroduction of Nepali as a medium of education in the south, and democratic reforms. Characterizing the BPP as a 'terrorist' movement backed by Indian sympathizers, the authorities cracked down on its activities and ordered the closure of local Nepalese schools, clinics, and development programs after several were raided or bombed by dissidents. Many ethnic Nepalese schools were reportedly turned into Army barracks. There were credible reports that many ethnic Nepalese activists were beaten and tortured while in custody, and that security forces committed acts of rape. There were also credible reports that militants, including BPP members, attacked and murdered census officers and other officials, and engaged in bombings. Local officials took advantage of the climate of repression to coerce ethnic Nepalese to sell their land below its fair value and to emigrate." - The Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, India "Conflict with Pakistan over Kashmir and communal violence dominated human rights developments in India during the year. The Hindu nationalist Indian People's Party (Bharatiya Janata Party or BJP), which led India's coalition government during the year, appeared to condone the activities of right-wing Hindu groups responsible for attacks on religious minorities and people at the bottom of or outside India's caste system, including members of tribal groups. The attacks increased significantly in the months preceding national parliamentary elections in September and October. In Bihar, a series of caste clashes and massacres between January and April once again revealed the unwillingness of state authorities to protect the rights of those born into lower castes. 'Conflict with Pakistan over Kashmir and communal violence dominated human rights developments in India during the year' "In the course of those clashes, over 1,200 people, many of them civilians, were killed by artillery fire. Civilians were also forced to flee the towns along the 720-kilometer border that divides Indian and Pakistani-controlled Kashmir. Communal violence between Hindu and Muslim groups escalated during the military confrontation, particularly in Jammu, the Hindu-majority area of the state of Jammu and Kashmir. For example, on June 30, Islamic militants gunned down twelve Hindu migrant laborers in southern Kashmir, reportedly in retaliation for the June 28 massacre of fifteen Muslim villagers, including women and children, by unidentified gunmen in Poonch district. Human rights activists reported that the gunmen were members of a militia backed by the 'The Jammu and Kashmir Disturbed Areas Act and the Armed Forces Special Powers Act, which authorize warrantless searches and arrests, remained in effect in the state' Army. Pakistan's agreement on July 4 to withdraw its fighters did not bring an end to the violence. On July 20, about twenty Hindus were killed by militants in Doda and Poonch districts. The victims included eight women and children."Indian security forces in Jammu and Kashmir continued to violate human rights with impunity. The Jammu and Kashmir Disturbed Areas Act and the Armed Forces Special Powers Act, which authorize warrantless searches and arrests, remained in effect in the state. Military-led cordon-and-search operations in Muslim neighborhoods continued to result in violations of fundamental civil rights, including the detention, torture, and summary executions of suspected militants. "Caste violence assumed alarming dimensions early in the year, particularly in the state of Bihar, where clashes between the Ranvir Sena, an upper-caste landlord militia, and Naxalites, Maoist guerrillas agitating for higher wages and more equitable land distribution for lower-caste laborers, claimed many lives. Human rights activists charged the State Administration with criminal negligence for failing to intervene effectively and prosecute those 'Human rights activists charged the State Administration with criminal negligence for failing to intervene effectively and prosecute those responsible for the killings' responsible for the killings. On January 25, about one hundred armed extremists from the Ranvir Sena killed at least twenty-two Dalit (untouchable) men, women, and children in Bihar's Jehanabad district. On February 10, Sena members struck again in the same district killing eleven Dalits as they slept. "The massacres led the government in New Delhi to impose 'President's Rule' in Bihar, a legal regime whereby the Central Government takes over authority from the state. Despite that measure, which led to the increased presence of paramilitary forces in the state, twelve alleged supporters of the Ranvir Sena were reportedly gunned down on February 14 by Communist Party of India-Marxist Leninist (Liberation) activists in retaliation for the January killings. In early March the Central Government reinstated the State Government led by Chief Minister Rabri Devi. On March 18, Naxalites killed another thirty-five upper-caste villagers in Senari village, Jehanabad district. On April 21, about a hundred armed activists from the Ranvir Sena killed twelve lower-caste villagers in neighboring villages in Gaya district. The victims included a sixty-five-year-old man, three women, and a nine-month old child. Police made little effort to prevent the killings, despite the fact that the Ranvir Sena often publicly announced its intentions days before each attack. They also failed to provide protection for villagers in the aftermath of such attacks. "Caste clashes also continued to plague the southern state of Tamil Nadu, and Dalit women were primary targets. On March 29, in the Ogalur-Villupuram region of Tamil Nadu, four upper-caste men sexually assaulted a female Dalit farm laborer. The attackers were then beaten by those responding to the laborer's cry for help. On April 3, in retaliation for the beatings, three upper- 'More incidents of violence against India's Christian community were recorded during the past two years than in all the years since independence' caste men set fire to a Dalit colony, injuring twenty people. On June 19, a gang of upper-caste Hindus looted and destroyed the houses in a Dalit settlement in Kodankipatti village, Madurai district, after Dalits there had demanded a share in the common property of the village. The Dalits were then chased out of their homes. "More incidents of violence against India's Christian community were
recorded during the past two years than in all the years since independence.
Attacks occurred primarily in the tribal regions of Gujarat, Madhya Pradesh,
and Orissa, as well as the state of Maharashtra. Activists belonging to militant
Hindu extremist groups, including the Bajrang Dal and the Vishwa Hindu Parishad
(World Hindu Council, VHP) were often blamed for the violence. While the Central
Government officially condemned the attacks, spokespersons for the BJP characterized
the surge in violence as a reaction to a conversion campaign by Christian
missionaries in the country. shouting anti-Christian slogans while the police stood by and watched. After the rally, Hindu groups began to attack Christian places of worship, schools run by missionaries, and shops owned by Christians and Muslims. Between December 25, 1998, and January 3, 1999, churches and prayer halls were damaged, attacked, or burned down in at least twenty-five different villages in the state. Scores of individuals were physically assaulted, and in some cases tied up, beaten and 'Between December 25, 1998, and January 3, 1999, churches and prayer halls were damaged, attacked, or burned down in at least twenty-five different villages in the state' robbed of their belongings while angry mobs invaded and damaged their homes. Thousands of Christian tribals in the region were also forced to undergo conversions to Hinduism. "On January 23 in Keonjhar district, Orissa, a mob of Hindu extremists burned to death Australian missionary Graham Stewart Staines and his two sons as they slept in their car. Staines had worked for over thirty years in a leper colony in the state and was accused of conducting mass conversions to Christianity. In August, a government-appointed judicial commission accused Bajrang Dal activist and BJP member Dara Singh of leading the charge in the killings. The commission's report also found that Staines had not been involved in any conversions, but it fell short of accusing the Bajrang Dal, insisting that Singh acted alone. Opposition parties labeled the report a 'whitewash,' while allies of the BJP by and large welcomed the findings. "The Shiv Sena, a Hindu party which heads the State Government of Maharashtra in coalition with the BJP, also engaged in disruptive practices and hate campaigns against Muslims and Christians throughout the year. In December 1998, the award-winning film Fire, by director Deepa Mehta, was recalled from theaters after Shiv Sena activists vandalized at least fifteen cinemas where it was playing. Sena members objected to the film's depiction of a lesbian relationship between two Hindu sisters-in-law, adding that had the women been Muslim there would be no objection. 'During five stages of polling in September and October 1999, repolling was ordered for hundreds of poll stations as a result of violence and the destruction of ballot papers and ballot boxes' "On August 26, Staines' killer Dara Singh struck again, when he led an angry mob to attack the garment shop of Sheikh Rehman, a Muslim trader in Orissa's Mayurbhanj district. In the presence of four hundred eyewitnesses and in broad daylight, Rehman's arms were chopped and his body was set on fire. Singh continued to evade arrest despite his numerous television appearances in the months following the Staines murder. One week later, on September 2, the
"Violence remained a salient feature of India's national parliamentary elections. During five stages of polling in September and October 1999, repolling was ordered for hundreds of poll stations as a result of violence and the destruction of ballot papers and ballot boxes. Well over one hundred election-related deaths were reported throughout the country, predominantly in Maharashtra, Andhra Pradesh, Kashmir, Bihar, and the northeast region of Assam and Tripura. Most deaths resulted from clashes between supporters of rival parties and from attacks by separatist militants trying to enforce election boycotts. In the Chidambaram constituency of Tamil Nadu, Dalits were not allowed to vote in as many as twenty-three villages as a result of attacks by political parties contesting elections in which the Dalit Panthers of India were also candidates. In clashes that ensued, nearly ten Dalit hamlets were torched. While over two hundred Dalits were arrested, police refused to register cases against caste Hindus. 'Police in Andhra Pradesh continued to summarily execute suspected Naxalites in so-called encounter killings' "Police in Andhra Pradesh continued to summarily execute suspected Naxalites in so-called 'encounter killings.' Violence in the northeastern states, particularly Assam, continued throughout the year, claiming many civilian casualties. Members of the United Liberation Front of Assam (ULFA), a militant group seeking Assam's independence from India, repeatedly clashed with the police and with surrendered ULFA members, now working with the government and referred to as 'SULFA.' "The Armed Forces Special Powers Act remained in effect in the northeast, but it was not the only abusive law on the books. Due to the spurious backdating of violations, detentions under the notorious Terrorist and Disruptive Practices (Prevention) Act (TADA) continued for offenses allegedly committed before the law lapsed in 1995. In Karnataka, for example, fifty-two people remained in pre-trial detention in Mysore Central Prison for periods ranging from four to six years. "Women, particularly those belonging to the lower castes, continued to be victims of violence and sexual abuse. In a positive step to promote gender equality, the Supreme Court of India gave women the same rights as men to act as natural guardians of a minor. Gita Hariharan's application for financial bonds in the name of her minor child had been rejected by the Reserve Bank of India on the basis of the Hindu Minority and Guardianship Act of 1956, which regards the father, and only after him the mother, as the natural guardian of a minor. The Supreme Court ruled that the provision "after" had to be struck down from the act as it violated gender equality "On February 11, members of Parivartan, an NGO working with Dalits and landless agricultural laborers in Gujarat, were attacked in Padra village. Sixteen Dalit women, who had come to attend a tailoring course organized by Parivartan's women's co-operative, were among those physically assaulted by local strongmen. Police officials agreed to register a complaint only after the Home Ministry's intervention. In 1998, the Hindu group VHP had issued a press statement claiming that Parivartan was trying to convert Gujarat's entire tribal belt to Christianity-a charge that the NGO 'On July 23, police action against lower-caste laborers in Tirunelveli district, Tamil Nadu, resulted in the loss of seventeen lives' has denied. On June 11, four fishworkers were killed and thirteen were injured when police opened fire on an anti-shrimp culture protest organized by the NGO Chilika Matsyajibi Mahasangh in Orissa. Despite a Supreme Court ruling prohibiting shrimp farms within a thousand meters of the Chilika lake in Orissa, a number of shrimp farms had obtained support of local politicians and bureaucrats. "On July 23, police action against lower-caste laborers in Tirunelveli district, Tamil Nadu, resulted in the loss of seventeen lives. The victims, including two women and one child, were among those protesting working conditions at a local tea plantation and demanding the release of 652 workers arrested following a demonstration on June 8. Members of the police and reserve forces chased the victims into the Thamiraparani river where they drowned. In July, political parties in favor of the building of the Sardar Sarovar Dam across the Narmada river in western India burned copies of the book, The Greater Common Good by novelist-activist Arundhati Roy. Roy, whose book discussed the social and environmental costs of the Narmada project, including large-scale population displacement, was part of a larger people's movement against India's big dam projects. Facing threats from the youth wings of the BJP and the Congress party, bookstores in Ahmedabad city, Gujarat, also began to pull the book from their shelves. 'The National Human Rights Commission tried to defend human rights in several areas, although it did not directly address the troubled regions of Kashmir and the northeast' "The National Human Rights Commission (NHRC), a government-appointed body, tried to defend human rights in several areas, although it did not directly address the troubled regions of Kashmir and the northeast. In February, the NHRC directed state governments to ensure regular medical examinations of all prison inmates and to submit monthly reports. Concerned over the rising number of custodial deaths and excesses committed by the police, the NHRC launched human rights cells in all state police headquarters. The Commission also ordered the payment of compensation to the families of persons who had either died as a result of police violence or had been physically assaulted by the police, and recommended action against guilty police officials. "While Pakistan demanded UN mediation in the Kashmir dispute, the Indian Prime Minister rejected an offer by the UN Secretary General to send an envoy. In a report issued in January, the UN Special Rapporteur on torture commented on India's abysmal record on torture and detentions, especially in Jammu and Kashmir, and noted with regret the government's continued refusal to extend him an invitation to conduct investigations in the country. Also in January, the Special Rapporteur on contemporary forms of racism indicated that, with the permission of the Indian government, he might undertake a field mission to investigate the situation of 'untouchables' in the country. - Human Rights Watch 1999 High time to end the suffering of the 'disappeared' and their families 'Up to 800 people have 'disappeared' since 1990. They include children and the very old, and come from all professions - business people, lawyers, labourers and many teachers' - AI "'It is high time that the Indian government put an end to the nightmare of disappearances by bringing down the wall of silence which hides the truth and allows this gross violation of human rights to continue,' Amnesty International said."'No one underestimates the difficulty of the security situation in Jammu and Kashmir, where armed groups with foreign backing have committed terrible abuses against the local population.
But this does not excuse the use of disappearance as a weapon of war - or
remove the authorities' responsibility "'In its courts and other institutions, India has the means to end this problem. But in many cases the machinery of justice is obstructed by the state, which has even withheld sanctions to prosecute those responsible for this abuse,' Amnesty International said. "To this day the organization is not aware of a single case in which those responsible for 'disappearing' a person in custody have been convicted and sentenced for the crime. 'It is virtually impossible for relatives of the disappeared in India's troubled northern state to trace their relatives or find redress from the institutions supposed to protect and promote human rights, including police, security forces, the courts and statutory human rights bodies' "'Ending this virtual impunity by investigating all disappearances and bringing the perpetrators to justice is key to ending this disturbing practice forever,' the organization said. "Amnesty International's new report, 'If they are dead, tell us', describes the different facets of 'disappearances' against the backdrop of recent political developments in Jammu and Kashmir. "Fewer people 'disappeared' in 1998 than in previous years, but the
whereabouts of hundreds of others who 'disappeared' earlier have still not
been established. Up to 800 people have 'disappeared' since 1990 after being
arrested by police or armed or paramilitary forces. - Amnesty International - News Release - ASA 20/08/99 Maldives "As in previous years, the government failed to provide credible information about the situation of political prisoners. Despite AI's efforts, there was no contact from the government. There were continued reports of torture and of official cover-ups to protect the perpetrators. "Parliamentary elections were held in November 1999 amid reports of suspected irregularities. Political parties were not allowed to function. 'The government failed to provide credible information about the situation of political prisoners. Despite AI's efforts, there was no contact from the government' "The government remained silent about the situation of Richard Wu Mei De, a Chinese national detained without due process of law since November 1993 at the instigation of a Maldivian national whom he tried to sue for irregularities in a business partnership; government connivance in the detention was suspected. His detention was declared arbitrary by the UN Working Group on Arbitrary Detention. "Possible prisoners of conscience continued to be held. Among those
believed to be held were "Ten people from Faafu Magoodhoo were banished, reportedly without being tried or sentenced, for seeking to organize a demonstration against the local Atoll chief. "Information emerged indicating that many inmates in Gamaadhoo prison were subjected to various forms of ill-treatment after a fire which burned down the prison. According to reports, security guards beat some prisoners who were tied to palm trees. A former detainee at Dhoonidhoo stated that prison guards regularly beat prisoners, at times on orders from the senior warden." - Amnesty International, Annual Report 2000, http://www.amnesty.org/ Human rights: A western norm? "Human Rights are cast aside and the greed for power is at the helm of politics. Human rights and fundamental freedoms are considered a western norm and its universality denounced. "The status of human rights and fundamental freedom in the Maldives is not even a side-track but a complete derailment. Human rights and fundamental freedoms are a birthright and hence the first responsibility of the Government to protect and promote. The lack of development, religion, culture or tradition should not, and cannot, be involved to justify the abridgement of internationally recognised Human Rights. "The right to exercise the freedom of thought and expression is an important basic right of every human being. It is crucial that this right be respected in every field of life and defended wherever circumstances arise. It is disappointing to note that those committed to defending this freedom have to work at the cost of humiliation, persecution and, even, their own lives. 'Human Rights are cast aside and the greed for power is at the helm of politics. Human rights and fundamental freedoms are considered a western norm and its universality denounced' "The violation of this freedom in the Maldives is nothing new to any Maldivian. It exists socially and at political level. Political oppression forms the base in all other spheres, be it in the family or the society at large. "Only will the separation of religion from the Constitution ensure that every individual lives a life, free from fear or discrimination, in a country where all fundamental freedoms and human rights are respected. "Our right to think and act on the guidance of our thinking is deprived from us. It is the very aspect that makes us human beings. The conceptual level of man's conscience is disregarded. Government interference and control are deadly cracks in the development of mankind. "Today, we witness this violation in various forms. Books are banned
(even if not religious), freedom of belief/religion is prohibited, the press
is gagged, the people's right to privacy are non- "In the absence of freedom of expression, which includes a free and independent media, it is impossible to protect other rights, including the right to life. Once governments are able to draw a cloak of secrecy over their actions and to remain unaccountable for their actions, then massive human rights violations can, and do, take place. For this reason alone the right to freedom of expression, specifically 'Censorship is the first instrument of a government intent on departing from democratic procedures. It is the early warning signal that alerts the people' protected in the major international human rights treaties, must be considered to be a primary right. One of the significant first indications of a government's intention to depart from democratic principles is the ever-increasing control of information by means of gagging the media and preventing the free flow of information. Censorship tends to have small beginnings and grow rapidly. Allowing a government to have the power to deny information, however trivial, not only sets in place laws and procedures that can, and will be, used by those in authority against those with less authority but it also denies people the information which they must have in order to monitor their government's actions and to ensure accountability. "Censorship is the first instrument of a government intent on departing from democratic procedures. It is the early warning signal that alerts the people. Such signals should not be ignored as it is the ultimate tool that destroys democracy. "Freedom of expression is the great test of the real integrity and trustworthiness of politicians. The lack of this freedom in the Maldivian State is proof of abuse of power, corruption and degradation. "The government tries to impose restrictions on free speech with arguments in defence of national and/or state security, the public interest, including the need to protect public morals and public order. The mechanisms employed by the government to restrict the free flow of information are almost endless. It ranges from subtle economic pressures and devious methods of undermining political opponents and the independent media to the enactment of restrictive press laws and detention of journalists and others associated with the expression of independent views. It is the principle of mob rule that prevails today. "A society's welfare and progress depends on the freedom of its citizens! Incalculable potential of human ability and integrity are vital values to every society. "The right to freedom of expression is protected in the major international treaties including the United Nations Universal Declaration of Human Rights and Article 19 of the International 'The economic and social development achieved under Gayoom presidency can never over-ride the importance of working for democracy and human rights, which still is a dream' Covenant on Civil and Political Rights."President Gayoom has claimed that the Maldives has achieved 'full democracy at its highest level'. Making such a claim of achievement undermines the importance of working for the promotion of democracy and it is also a clear statement of complacency with stagnation. "The economic and social development achieved under his presidency can
never over-ride the importance of working for democracy and human rights,
which still is a dream. A most important "Once the election for the Citizens' Majlis (parliament) is over, the electorate is forgotten. Their views are constricted and hence, do not reach any of the decision-makers."The Constitution allows establishment of associations and organisations. However, political parties, trade unions and such association of people are prohibited. The state 'Unless expression of human rights is guaranteed at the political level, we cannot claim to have attained full democracy. It is up to each individual to uphold democracy in every aspect of life' refuses to recognise these basic Constitutional rights of the people and thereby, has created a huge deficit in democracy. Respect for fundamental freedoms and human rights form the foundation of democracy. This foundation is non-existent. "The condition of democracy is that people are able to make choices about a wide variety of issues that affect their lives. There is a short distance between the government censorship of press or a book to the silencing of political dissidents. And the distance between such silencing and the use of violence to suppress a growing political philosophy, which a government finds inconvenient, is even shorter. "What we experience today cannot be regarded as democracy as long as critics are criminalised, fundamental freedoms and human rights are violated. Democracy, development and respect for human rights are interdependent and mutually reinforcing. "Unless expression of human rights is guaranteed at the political level, we cannot claim to have attained full democracy. It is up to each individual to uphold democracy in every aspect of life." - http://www.geocities.com/ Myanmar "The ruling State Peace and Development Council (SPDC) offered no signs during the year that fundamental change was on the horizon. The SPDC's standoff with the opposition National League for Democracy (NLD) continued. No progress was made on ending forced labor. Counterinsurgency operations by the Burmese military in several ethnic minority areas, 'The ruling State Peace and Development Council (SPDC) offered no signs during the year that fundamental change was on the horizon' accompanied by extrajudicial executions, forced relocation, and other abuses, led to the displacement of thousands inside Burma and the flight of yet more refugees across the border into Thailand. In one of the few positive developments during the year, the International Committee of the Red Cross (ICRC) reopened its office in Rangoon in May and was able to visit Burmese prisons on a regular basis. "Arrests and intimidation of supporters of the NLD continued, part of a campaign that began in August 1998 after the NLD announced its intention to convene a parliament in line with the 1990 election result. This was foiled by mass arrests, and the NLD subsequently established a ten-member Committee Representing People's Parliament (CRPP), a kind of parallel parliamentary authority whose creation was seen as a direct challenge to the government. Some sixty parliamentarians remained under detention while thousands of NLD registered voters were forced to resign their party membership. "Divisions appeared within the NLD itself in early May, as a group of twenty-five MPs interested in promoting dialogue with the SPDC criticized NLD leader Aung San Suu Kyi over the establishment of the CRPP. The NLD central leadership later accused the group of attempting to sow disunity within the party. In June, Suu Kyi said that she would accept lower level contact with the government, but the Burmese Foreign Minister Win Aung responded that before this could happen the NLD should dissolve the CRPP. The NLD refused. "Detention of other political opponents continued. On January 13, a special court gave lengthy sentences averaging seven to ten years to 270 students who had demonstrated in support of the CRPP in November and December 1998. Of this group, a student named Thet Win Aung reportedly received a sentence of fifty-two years, and Myon Min Zaw, thirty-eight. Also, in January, Mon National Democratic Front Chairman Nai Htun Thein was detained without trial, following the sentencing of three other MNDF party members in December. Each received a sentence of seven years. "On May 6, 1999, the International Committee of the Red Cross (ICRC) reopened its office in Rangoon and was allowed to have confidential visits with prisoners in Insein prison, the facility near Rangoon where most well-known political prisoners are housed. An agreement reached between ICRC and the Burmese government allowed the ICRC to visit all of Burma's prisons. By September 1999 it reported having registered some eighteen thousand 'On January 13, a special court gave lengthy sentences averaging seven to ten years to 270 students who had demonstrated in support of the CRPP in November and December 1998' prisoners and visited nine places of detention. "Exiled dissidents spearheaded a campaign beginning early in the year for a mass uprising on September 9, 1999 (9-9-99). The uprising was intended to replicate the mass pro-democracy protests on August 8, 1988 (8-8-88) that have come to symbolize the high point in Burma's short 'Democracy Summer' and were met with violence by the security forces. Dissident groups claimed the government arrested some five hundred persons in connection with the campaign, but diplomats put the number at about one hundred. The SPDC admitted arresting forty. Two British activists were also arrested when they entered the country in late August to protest against the government. The first, James Mawdsley, who had been arrested and deported twice previously, was given a seventeen-year sentence in a closed trial. The Burmese court in Rangoon sentenced Rachel Goldwyn to seven years of hard labor on charges of sedition. September 9 itself passed quietly with little protest. "Burma's ethnic minority areas were the sites of continuing violence and gross violations of human rights and humanitarian law. The military's forced relocation of villagers as a counterinsurgency measure continued in different parts of the Shan, Kayah (Karenni) and Karen state and Tenasserim Division, especially in areas where armed opposition groups were known to be active. After relocation, soldiers frequently burned homes, uprooted crops, and looted belongings that villagers left behind. At the relocation sites, villagers had to contribute up to fifteen days a month of forced labor on infrastructure projects, portering, night watch, and the physical maintenance of army camps. One new development of particular concern was the arrival of Burmese army 'short pants' units to Karen State. Since December 1998, these out of uniform soldiers operating in units averaging six persons have 'disappeared,' beaten, and threatened villagers primarily in Nyaunglebin township in an effort to weed out from the rural communities any supporters of the Karen National Union (KNU). "Violations by the ethnic insurgent armies were also reported in 1999. In March 1999 for example, the KNU captured and executed eleven Burmese immigration officers along the road between Three Pagodas Pass and Thanbyuzayat. On July 31, elements of the Karenni National Progressive Party reportedly killed Daw Phraemoe and Hla Din, two local Karenni community leaders who had acted as go-betweens in cease-fire talks between the government and ethnic Karenni guerrillas. "The Burmese government's suffocating grip on all aspects of society has prohibited the development of any indigenous human rights institutions. Restrictions persisted on access to the country by foreign human rights monitors. In what has become a yearly ritual, the government denied UN Special Rapporteur on Burma Rajsoomer Lallah access to the country, but he nevertheless presented a scathing report on conditions in Burma to the U.N. Human Rights Commission. The government continued to exercise strict control over the flow of information into and out of the country by monitoring telecommunications. "Australia and Japan continued to refrain from giving aid but tried to maintain a political dialogue with the SPDC: Australia sent a mission to explore creation of an independent human rights commission in Burma, and Tokyo invited an SPDC military official to visit Japan. The E.U. sent a mission to Rangoon to try to break the SPDC-NLD deadlock. Its efforts to keep Burma at a diplomatic distance while trying to maintain cordial relations with ASEAN, of which Burma is a member, led to strains not only between the E.U. and ASEAN but also within the E.U. itself. 'On February 25 and April 23 respectively, the General Assembly and the Human Rights Commission adopted resolutions criticizing the government for a wide range of violations and calling on the SPDC to take the necessary steps to restore democracy, bring an end to forced labor, and cease the abuse of civilians in zones of conflict' "On February 25 and April 23 respectively, the General Assembly and
the Human Rights Commission adopted resolutions criticizing the government
for a wide range of violations and calling on the SPDC to take the necessary
steps to restore democracy, bring an end to forced labor, and cease the abuse
of civilians in zones of conflict. The Human Rights Commission decided to
extend by one year the mandate of the Special Rapporteur. The government postponed
at the last minute the slated September 11 visit of U.N. Deputy Secretary-General
Alvaro de Soto. De Soto and a World Bank official visited Rangoon from October
14 to 19 to discuss an incremental plan to restore aid in return for progress
on human rights and dialogue with the NLD. - Human Rights Watch (HRW) 1999 "Scores of people were arrested for political reasons and 200 people, some of them prisoners of conscience, were sentenced to long terms of imprisonment. More than 1,200 political prisoners arrested in previous years, including 89 prisoners of conscience and hundreds of possible prisoners of conscience, remained in prison. The International Committee of the Red Cross (ICRC) announced in May that it had begun to visit prisons and other places of detention. The military continued to seize ethnic minority civilians for forced labour duties and to kill members of ethnic minorities not taking an active part in hostilities, during counter-insurgency operations, particularly in the Kayin 'In March 1999, the UN Special Rapporteur on Myanmar submitted his report to the UN Commission on Human Rights. Throughout the year the SPDC continued to deny him access to the country' State. Forcible relocation continued to be reported in the Kayin State, and the effects of massive forcible relocation programs in previous years in the Kayah and Shan States continued to be felt as civilians were still deprived of their land and livelihood and subjected to forced labour and detention by the military. "In March 1999, the UN Special Rapporteur on Myanmar submitted his report to the UN Commission on Human Rights. Throughout the year the SPDC continued to deny him access to the country. In April, the Commission adopted by consensus its eighth resolution extending the mandate of the UN Special Rapporteur for another year and stating its grave concern '...at the increasingly severe and systematic violations of human rights in Myanmar'. A strong resolution was also adopted by consensus at the UN General Assembly in December. In October, the Special Envoy of the UN Secretary-General visited Myanmar, in part to encourage dialogue among ethnic minority representatives, the SPDC, and the NLD; however no progress was reported by the end of 1999. The USA renewed sanctions banning new US investment in Myanmar in May, and in October, the European Union (EU) renewed its common position on Myanmar, enacting limited sanctions. The Cooperation Agreement between the EU and the Association of South-East Asian Nations (ASEAN) had been blocked since Myanmar joined ASEAN in July 1997 as a result of EU protests at Myanmar's human rights record. However, the EU-ASEAN Joint Committee, a non-ministerial meeting, took place in May, although Myanmar was not allowed to speak. In August, the Human Rights Commissioner of Australia visited the country and met with government officials about the possibility of establishing a human rights commission there. In May the Director-General of the International Labour Organisation (ILO) issued a report which concluded that the Myanmar government had not amended its laws or 'In May 1999, the ICRC announced that it was visiting prisoners and in November it stated that it had visited 19,000 prisoners, 700 of whom were being held for national security reasons' practice with regard to the military's widespread use of civilian forced labour. At the International Labour Conference in June, the ILO ruled that Myanmar could no longer attend ILO meetings or receive any technical assistance until it complied with ILO Convention No. 29 on forced labour, to which the state became a party in 1955."In May 1999, the ICRC announced that it was visiting prisoners and in November it stated that it had visited 19,000 prisoners, 700 of whom were being held for 'national security reasons'. Prison conditions amounting to cruel, inhuman or degrading treatment continued to be reported, especially in prisons outside Yangon (Rangoon), such as Myitkyina, Kachin State and Thayet Prison. However, some improvements were reported, including better sanitation. In January, about 200 young political activists arrested in previous years received long prison sentences, including prisoner of conscience Thet Win Aung, who was given a sentence of 59 years. Some 80 people were arrested in the run-up to the civil disobedience campaign planned for September, including 19 people in Bago (Pegu) town, central Myanmar, in July. Three of them, including a three-year-old girl handed over to her family, were released but the status of the others was unknown. "The military continued to seize ethnic minority civilians for forced labour on infrastructure projects and for portering duties in the Shan, Kayin and Kayah States. Children from eight to 15 years were forced on a regular basis to work on a temple construction in Kunhing, Shan State, in January and February. Civilians were taken by the military for portering duties, carrying heavy loads for long periods, and were beaten if they could not keep up with the column. Forced labour was also reported in areas where cease-fires held, including the Mon and Kachin States, where teenaged children often worked on roads. In May, the SPDC announced that the military had issued directives for the suspension of legislation which provides for forced labour (the 1907 Towns Act and the 1908 Village Act). It was not known if these directives were enforced. AI called for the legislation to be repealed. "The KNU was reported to have killed eight to 13 civilian immigration officials in the Kayin State in February. In July, the KNPP was believed to have killed two Karenni civilians, who were acting as mediators between the SPDC and the KNPP. In November the SSA-South abducted nine Myanmar nationals belonging to the Shan ethnic minority from Thai territory, but released four shortly afterwards. One of the five remaining, said to be an SSA-South defector, 'The KNU was reported to have killed eight to 13 civilian immigration officials in the Kayin State in February. In July, the KNPP was believed to have killed two Karenni civilians who were acting as mediators between the SPDC and the KNPP' was killed for alleged drugs trafficking. In October five armed Myanmar nationals called the Vigorous Burmese Students Warriors seized control of the Myanmar embassy in Thailand for 25 hours, holding over 80 people hostage." - Amnesty International, Annual Report 2000 Nepal Human rights at a turning point? "Political detainees are being tortured and unarmed civilians extrajudicially executed within the context of the government security forces' response to a Maoist 'people's war', waged by armed members of the Communist Party of Nepal (Maoist), CPN (Maoist). "The human rights situation in Nepal has deteriorated since February 1996, when the CPN (Maoist), which is ideologically close to the Communist Party of Peru (Shining Path), launched a 'people's war' aimed at overthrowing the government and establishing a republican state. Serious human rights abuses by both sides to the conflict have been reported. There have been widespread reports of human rights violations by police, including extrajudicial executions, 'disappearances', unacknowledged detention, torture and arbitrary arrests. Armed members of the CPN (Maoist) are also reported to have been responsible for the killing, abduction and torture of unarmed civilians, including members of mainstream political parties. "Based on the findings of a visit to Nepal in November 1998, Amnesty International is concerned at the prospect of a further deterioration of the human rights situation in Nepal in the coming months during campaigning in the context of forthcoming parliamentary elections on May 3, 1999. It is appealing to all political parties participating in the elections to make clear commitments to uphold the rule of law and human rights of all people in Nepal. It also is urging all parties to pledge the implementation of prompt and effective measures to prevent human rights violations continuing in the context of the Maoist 'people's war', including the steps recommended at the end of this report. The organization is also calling upon the leadership of the CPN (Maoist) who, on 12 February 1999, announced a boycott of the elections, to give clear orders to their armed members to refrain at all times from attacks on civilians, including candidates, campaigners, electoral staff and voters in the forthcoming elections. "Increasing political instability has been a contributing factor in the deteriorating human rights situation in Nepal. During the last four years, there have been six different coalition governments, and 1998 alone saw four governments, including three coalitions. Human rights have been among the main victims of this instability. On the one hand, there has been a tendency to be reactive rather than pursue a holistic long-term human rights strategy which takes into account the complex background to the "people's war". On the other hand, as a result of increased politicisat- ion in the administration at the centre, a quick turn-over in officials at the local level has created political vacuum, including in the areas affected by the 'people's war'."Amnesty International is also concerned that lack of accountability among law enforcement officers has led to a climate of impunity in which fundamental human rights, including the right to life and not to be subjected to torture have been violated. The organization is concerned that these problems will persist unless perpetrators are brought to justice. 'Increasing political instability has been a contributing factor in the deteriorating human rights situation in Nepal. During the last four years, there have been six different coalition governments, and 1998 alone saw four governments, including three coalitions' "Ever since the establishment of multi-party democracy in Nepal in 1990, politicians have pledged to uphold human rights when coming to power. Nearly ten years later, there are some tangible results such as the ratification of all main human rights treaties, the passing of the Human Rights Commission Act, Torture Compensation Act and the abolition of the death penalty. However, implementation of the provisions contained in the treaties and laws has been problematic and slow. Members of the Human Rights Commission, for instance, have not been appointed despite the fact that the Human Rights Commission Act was passed by Parliament as far back as October 1996. To date, torture has not been made a specific crime nor has the right to life been guaranteed in the Constitution. "The announcement of parliamentary elections on May 3, 1999 gives an opportunity for politicians in Nepal to refocus their attention on the need to uphold human rights at all times. Amnesty International recognizes that the threat to law and order from armed opposition groups such as the CPN (Maoist) is not an easy problem for any government to address; but it is precisely in such a context that upholding basic human rights such as the right to life and the right not to be tortured should be upheld even more rigorously, in order to avoid a downward spiral of violence. "Amnesty International believes the 'people's war' and the government's response represent a turning point for human rights in Nepal. It poses a fundamental challenge, not only for the protection of human rights, but for Nepal's stability and development in the future." - Amnesty International - Report - ASA, March 1999 Pakistan Human Rights Watch World Report 2000 "The October coup capped a year of increasing discontent with the Sharif administration stemming from its crackdown on opposition political activity and increasing encroachments on civil liberties, with the courts providing only occasional relief. Leaders of Pakistan's normally fractious opposition announced on September 14, the formation of the Grand Democratic Alliance (GDA), grouping together nineteen political parties with the avowed aim of dislodging Sharif's government. The government responded with overt attempts to suppress opposition political activity. A GDA call for a protest rally in Karachi led to the arrest from September 24 to 26 of more than 1,000 opposition activists throughout the city, including much of the leadership of the Pakistan's People's Party, as well as senior leaders of the Muttahida Qaumi Movement (MQM), the Awami National Party, and the Pakistan Tehrik-e-Insaaf party. Most were released on bail on September 28, although magistrates rejected the bail applications of some senior figures, including Senators Nasreen Jalil and Aftab Sheikh of the MQM." - http://www.hrw.org/hrw/worldreport99/asia/pakistan.html Country Report on Human Rights "Police committed extrajudicial killings. The extrajudicial killing of criminal suspects, often in the form of deaths in police custody or staged encounters in which police shoot and kill the suspects, is common. Police officials generally insist that these deaths occur during attempts at escape or at resisting arrest; family members and the press insist that many of these deaths are staged. Police have been known to kill suspected criminals to prevent them from implicating police in crimes during court proceedings. After an attempt was made on the Prime Minister's life in early January, as many as 40 Sunni extremists associated with the Lashkar-i-Jhangvi, the group believed responsible, may have 'The extrajudicial killing of criminal suspects, often in the form of deaths in police custody or staged encounters in which police shoot and kill the suspects, is common' been killed in police encounters. The Human Rights Commission of Pakistan (HRCP) estimates that there were 161 extrajudicial killings in the first 4 months of the year. "Police officers occasionally are transferred or briefly suspended for their involvement in extrajudicial killings. However, court-ordered inquiries into these killings so far have failed to result in any police officer receiving criminal punishment. "Politically motivated violence and sectarian violence continued to be a problem, although in the weeks following the October 12 coup, there were few if any reported cases of such violence. Governor's Rule, imposed to correct a serious law and order problem created in part by political tensions in the province, continued in Sindh until the coup. Despite improved security conditions under Governor's Rule, there were 75 deaths that were presumed to be the result of political violence in Karachi. "The Constitution and the Penal Code expressly forbid torture and other cruel, inhuman, or degrading treatment; however, police regularly torture, beat, and otherwise abuse persons. Police routinely use force to elicit confessions; however, there were fewer such reports during the year than in previous years, particularly in Sindh after the coup, and human rights organizations reported greater cooperation from the police in investigating such cases than in previous years. Human rights observers suggest that because of the widespread use of physical torture by the police, suspects usually confess to crimes regardless of their guilt or innocence; the courts subsequently throw out many such confessions. "Common torture methods include: beating; burning with cigarettes; whipping the soles of the feet; sexual assault; prolonged isolation; electric shock; denial of food or sleep; hanging upside down; forced spreading of the legs with bar fetters; and public humiliation. Some magistrates help cover up the abuse by issuing investigation reports stating that the victims died of natural causes. "The Hudood Ordinances, promulgated by the Central Martial Law government in l979, were an attempt to make the Penal Code more Islamic. These ordinances provide for harsh punishments for violations of Shari'a (Islamic law), including death by stoning for unlawful sexual relations and amputation for some other crimes. These severe Koranic penalties--known as Hadd punishments--require a high standard of evidence. In effect, four adult Muslim men of good character must witness an act for a Hadd punishment to apply. In 20 years, not a single Hadd punishment has 'Women frequently are charged under the Hudood laws on sexual misconduct, such as adultery. Approximately one-third of the women in jails in Lahore, Peshawar, and Mardan in 1998 were awaiting trial for adultery' been carried out. However, on the basis of lesser evidence, ordinary punishments such as jail terms or fines are imposed. From 1979 to 1995, over 1 million Hudood cases were filed with the police, and 300,000 have been heard by the courts. The laws are applied to Muslims and non-Muslims alike. "Women frequently are charged under the Hudood laws on sexual misconduct, such as adultery. Approximately one-third of the women in jails in Lahore, Peshawar, and Mardan in 1998 were awaiting trial for adultery. Most women tried under the ordinance are acquitted, but the stigma of having been jailed for adultery is severe. A Hudood law meant to deter false accusations is enforced weakly, and one human rights monitor has claimed that 80 percent of all adultery-related Hudood cases are filed without any supporting evidence. According to Amnesty International, men accused of rape sometimes are acquitted and released while their victims are held on adultery charges. The Commission of Inquiry for Women has recommended that the Hudood laws be repealed, as they are based on an erroneous interpretation of Shari'a. "Police at times also beat and arrest journalists. For example, during a December 11 protest against the handling of a criminal case in Lahore, the police beat press photographers and smashed their cameras after photographers reportedly recognized a plainclothes policeman, who was hurling bricks into the crowd. "Prison conditions are extremely poor. Overcrowding is a major problem. According to the Human Rights Commission of Pakistan (HRCP), there are currently 82,000 prisoners in Pakistani jails, which have an officially authorized population of 35,833; most prisoners are held in severely overcrowded conditions. "Landlords in rural Sindh and political factions in Karachi 'Landlords in rural Sindh and political factions in Karachi operated private jails. As many as 50 private jails, housing some 4,500 bonded laborers, were being maintained by landlords in lower Sindh' operated private jails. As many as 50 private jails, housing some 4,500 bonded laborers, were being maintained by landlords in lower Sindh. Some prisoners reportedly have been held for many years. In the five districts of upper Sindh, landlords have been defying the courts and police by holding tribal jirgas, which settle feuds and award fines as well as the death penalty--even in jails--in defiance of provincial laws. The Human Rights Commission of Pakistan and the district administration in Umerkot, Sindh, attempted in April to the release of a family of agricultural workers from their landlord's private jail in Kunri. A member of the family, Mangal Bheel, escaped from the prison in January, and approached authorities for help. "Police sometimes arrest and detain relatives of wanted criminals in an attempt to compel suspects to surrender. In some cases, the authorities have detained entire families in order to force a relative who was the subject of an arrest warrant to surrender. "The increasing harassment and detention of journalists during the first 10 months of the year led to increasing self-censorship by members of the press. For example, by August, the Jang Group, which had suffered harassment earlier in the year, acceded to some of the Government's demands regarding its reporting, editorial content, and hiring, including not publishing stories critical of the Prime Minister and his business interests. "Pakistan has not signed the 1951 Convention relating to the Status of Refugees and has not adopted domestic legislation concerning the treatment of refugees. In December, the office of the U.N. High Commissioner for Refugees (UNHCR) noted a change in the practice of granting 'prima facie' status to all Afghans in the country; under the new policy, all refugee determinations are to be made on a case-by-case basis. Means for screening Afghan refugees have not yet been established, but the shift in policy implies an increase in the number of Afghans to be repatriated and a decrease in the admission of new arrivals. "The Government cooperates with the office of the UNHCR and other humanitarian organizations in assisting refugees. First asylum has been provided to refugees from Afghanistan since 1979, when several million Afghans fleeing Soviet occupation poured across the border. "There still are believed to be 1.2 million Afghan refugees in Pakistan who have been granted first asylum. In addition to refugees recognized and assisted by UNHCR, a large number of unregistered Afghans are believed to live in the country, mostly in urban areas. 'Pakistan has not signed the 1951 Convention relating to the Status of Refugees
and has not adopted domestic legislation concerning the treatment of refugees'
"There are several domestic human rights organizations, and new human
rights and legal aid groups continue to form. These groups generally are free
to operate without government restriction; they are, however, required to
be licensed. The Government has provided protection to human rights lawyers
defending accused blasphemers following threats and attacks on the lawyers
by religious "International human rights organizations have been permitted to visit the country and travel freely. Several international organizations operate in the country, many of which aid refugees. However, since 1998 foreign NGO staff members have at times had difficulty in obtaining visas; certain international NGO's had consistent difficulty in obtaining such visas for their foreign staff. "A crisis center for women in distress was opened in 1997, in Islamabad. The center, the first of its kind in Pakistan, is an initiative of the Ministry of Women's Development with the assistance of local NGO's. The center offers legal and medical referrals from volunteer doctors and lawyers, counseling from trained psychologists, and a hot line for women in distress. Although, the center opened before funding had been allocated and staff hired, the center is now fully staffed. Staff for a second center in Vehari, in southern Punjab, began training in October. "Rape is an extensive problem. The HRCP estimates that at least eight women, five of them minors, are raped every day in Pakistan, and more than two-thirds of those are gang-raped. In 1997, the National Assembly passed a law that provided for the death penalty for persons convicted of gang rape. No executions have been carried out under this law and conviction rates remained low. This is because rape, and gang rape in particular, is commonly used as a means of social control by landlords and local criminal bosses seeking to humiliate and terrorize local residents. Therefore, police rarely respond to and are sometimes implicated in these attacks. It is estimated that less than one-third of all rapes are reported to the police. The police themselves frequently are charged with raping women. 'Both civil and religious laws theoretically protect women's rights in cases of divorce, but many women are unaware of them, and often the laws are not observed' "There are numerous reports of women killed or mutilated by male relatives who suspect them of adultery. Few such cases are investigated seriously and those who are arrested often are acquitted on the grounds that they were 'provoked,' or for a lack of witnesses. While the tradition of killing those suspected of illicit sexual relations in so-called 'honor killings', in order to restore tribal or family honour, applies equally to offending men and women, women are far more likely to be killed than men. The Progressive Women's Association, a human rights NGO, estimated in September that as many as 300 women are killed each year by their husbands or family, mostly as a result of 'honor killings', known as (karo kari in Sindh). The problem is believed to be even more extensive in rural Sindh. 'Karo kari' (or adulterer/adulteress) killings are common in rural Sindh and Baluchistan. The HRCP reported 19 such cases in February and 22 in May, noting that the actual figures are doubtless much higher. Tribal custom among the Baluch and the Pathans also sanctions such killings. The Commission of Inquiry for Women has rejected the whole concept of 'honour' as a mitigating circumstance in a murder case and recommended that such killings be treated as simple murder. "Both civil and religious laws theoretically protect women's rights in cases of divorce, but many women are unaware of them, and often the laws are not observed. The Parliamentary Commission of Inquiry for Women has recommended that marriage registration (nikahnama) be made mandatory and that women, as well as men, have the right to initiate divorce proceedings. It also has called for the punishment of those who coerce women or girls into forced marriages. A husband legally is bound to maintain his wife until 3 months after the divorce. A father is bound to maintain his children until they reach the age of 14 for males, or to the age of 16 for females. However, the legal system is so complicated and lengthy that it can take years for the children to get maintenance." - The Bureau of Democracy, Human Rights and Labor, U.S. Department of, State,
"There are two major perpetrators here: the state and society. The former is responsible for abuses like denial of political rights (most notably the right to vote), restrictions on freedom of expression, assembly, religion, as well as illegal detention, torture, and denial of a fair trial. [Note that 'state' does not necessarily refer to the current regime but to Pakistani governments in general; the scale and intensity of abuse fluctuates from one to the next.] 'That Pakistan has a problem with human rights is not disputed. The question is what is being done to tackle it? What are those campaigning to promote human rights in this country focusing on?' "Society is responsible for a wide range of quite different abuse, mostly against women and children -- forced marriages, domestic violence, child labour, failure to grant legal rights such as divorce and inheritance, etc. All these are perpetrated by society not because of religion--which if practiced properly outlaws all such abuse--but because of tradition and custom. "That Pakistan has a problem with human rights is not disputed. The question is what is being done to tackle it? What are those campaigning to promote human rights in this country focusing on? If one goes through press clippings of statements issued by leading activists, they cover the broad range of abuse going on in this country: there are calls for restoration of democracy, tighter control of police practices, better prison conditions, respect for women's and minority rights, abolition of child labour, etc. And without doubt in their practical work they are striving to achieve all these. "Internationally, Pakistan has acquired the reputation of being a country living in the dark ages, where any woman who dares to follow her heart will be persecuted. And where minorities live in fear of their lives, oppressed by the fundamentalist Muslim majority. Such notoriety is hardly justified by the facts, but again it is not facts but perceptions that count. 'Human rights activists need to appreciate that it is the domestic, conservative Pakistani audience that they need to win over, not the western one' "One could argue that domestic opposition to human rights activism was inevitable: Pakistan's conservative public was always going to react badly to attempts to 'modernise' its thinking. Perhaps so. But surely had the public face of such activism not been so drastically controversial and had the manner adopted not been so confrontational, the reaction to it would have been less negative? "Human rights activists need to appreciate that it is the domestic,
conservative Pakistani audience that they need to win over, not the western
one. This might bring in less foreign plaudits/adoration but it is only then
that they will make any headway in the reforms they are seeking to introduce.
In order to do this they must, firstly, prioritise. Issues that affect the
majority being conveyed and those conveying it need to be appealing, acceptable to the viewing audience. The image of some Pakistani human rights campaigners has not always been so, undoubtedly contributing to the negative response their appeals get. "The goal of eradicating human rights abuses in Pakistan is a noble one. It is far more likely to be achieved if one works with society rather than against it." - Dr Iffat S Malik, The News, June 7, 2000 Human Rights Problems "Rights Practices, stated that 'the overall human rights situation in Pakistan remains difficult,' noting abuses in areas of arbitrary arrest and detention; torture of prisoners and extrajudicial killings; discrimination against and persecution of religious minorities; repression of political minorities; and abuse of women's and children's rights. In late 1995, the government reported plans to establish a new Ministry for Human Rights, to combat violation of rights of women, children, and minorities. "A report of the Pakistan Human Rights Commission, filed in May 1994, was especially critical of abuses of the rights of women and minorities. According to the report, rape is a serious problem, particularly rape of minors and gang rape. In January 1994, Prime Minister Bhutto inaugurated Pakistan's first all-women police station in Rawalpindi, saying it was a symbolic start to a plan to provide justice to women in a conservative, male-dominated society. Such stations are reportedly needed because women are afraid and uncomfortable with discussing rape and other abuses with male police. Women also suffer discrimination in education, employment, and legal rights. A December 1995 Amnesty International report focused on abuse of women's rights in Pakistan. "Religious minorities -- mainly Christians, Hindus, and Ahmadi Muslims -- are reportedly subjected to discriminatory laws and social intolerance. A 1974 amendment to the Pakistan Constitution declared Ahmadis to be a non-Muslim minority because they do not accept Muhammad as the last prophet. The Zia government, in 1984, made it illegal for an Ahmadi to 'A report of the Pakistan Human Rights Commission, filed in May 1994, was especially critical of abuses of the rights of women and minorities' call himself a Muslim or use Muslim terminology. Blasphemy laws, instituted under the Zia regime and strengthened by the Sharif government, carry a mandatory death penalty for blaspheming the Prophet or his family. Blasphemy charges reportedly are usually brought as a result of personal or religious vendettas. More than 100 Ahmadis have been charged with blasphemy since 1986, and four Christians charged with the crime were murdered in 1993. Many major political and judicial leaders who oppose the blasphemy laws reportedly are afraid to speak out for fear of
the wrath of religious - Barbara Leitch LePoer, Foreign Affairs and National Defense Division, http://www.fas.org CE announces framework on Human Rights "Chief Executive General Pervez Musharraf on April 21 announced a Human Rights Package aimed at eliminating injustice and all kinds of discrimination against women, children and minorities and promoting tolerance and harmony in society. "Let me assure that my government will be attaching a high priority to the human rights and shall not shy away from taking bold initiatives to promote and protect human rights," he said while addressing the first ever Pakistan Convention on Human Rights and Human Dignity. The Human Rights Package (HRP), announced by the Chief Executive envisaged conferment of two civil awards in the field of human rights at the National Investiture Ceremony, provision of all possible assistance and reporting of burn cases to the hospitals by the respective Deputy Commissioners, banning of indiscriminate use of bar fetters and registration of FIR in blasphemy cases after a preliminary investigation and scrutiny by the Deputy Commissioners. The HRP also provided for Police and Jail Reforms with the setting up of a Permanent Commission to Institute Police Reforms. General Musharraf said over 20,000 prisoners languishing in jails had been released in the last six months. He said jail reforms had been initiated particularly in respect of political environment, staff conduct, protection of women and juveniles from abuse and their rehabilitation."- Associated Press of Pakistan, April 22, 2000 'Let me assure that my government will be attaching a high priority to the human rights and shall not shy away from taking bold initiatives to promote and protect human rights' - CE Pervez Musharraf Pakistan: Open letter to General Pervez Musharraf "A crucial first test for the restoration of the rule of law in Pakistan will be how members of the deposed government are treated. Amnesty International considers them to be political prisoners and is concerned that they have been held for a week without charge or trial. The organization urges that they be charged with reconizably criminal offences or immediately and unconditionally released. Those charged must receive prompt trials that must meet international standards of fairness and be spared the death penalty for any offences committed. "Ensure that the rule of law is respected and equality before the law and equal protection of law are restored and maintained in order to secure the full enjoyment of all human rights. Ensure that every reported human rights violation is investigated and its perpetrator brought to justice. "Amnesty International believes that a review of the Constitution in consultation with constitutional experts, national NGOs and taking into account Pakistan's international commitments assumed after ratification of the UN Convention on the Elimination of All Forms of Discrimination against Women and the UN Convention on the Rights of the Child should be undertaken as soon as possible to ensure full constitutional protection of all fundamental rights. "Review and reform the Constitution to fully safeguard fundamental rights. "The independence of the judiciary has not only been weakened by interference from outside; it has also been undermined by the bias of individual judges. Cases involving women's rights have sometimes been arbitrarily decided reflecting the gender bias of judges; members of religious minorities have not always received justice in the courts in Pakistan. Socially and economically deprived or disadvantaged people have found access to the judicial system difficult, expensive and not always responsive to their specific needs, thereby, effectively restricting their possibility to achieve redress and full protection of their fundamental rights. In more recent years, the respect for the judiciary has suffered by rulings which are widely seen in Pakistan to be politically biased. 'Socially and economically deprived or disadvantaged people have found access to the judicial system difficult, expensive and not always responsive to their specific needs' "Ensure that the judiciary as the highest body to protect human rights is reformed and strengthened in terms of resources, personnel, equipment and training and that its independence will not be interfered with. "Reform the legal system to bring it into conformity with international human rights standards to afford adequate human rights protection to all. "Domestic violence, including honour killings of girls and women, is often ignored by police officers and treated as a 'domestic' issue to be resolved in the family or community. Similarly bonded labour, child labour and trafficking are frequently not treated according to the law by police, either because of ignorance of the law, fear of or collusion with, the offenders. "Strengthen and reform the police force and provide appropriate government monies and international development assistance for this purpose, including for legal and human rights training and gender sensitization. "Of particular concern to Amnesty International is the continued use of the death penalty for children despite its absolute prohibition by the Convention on the Rights of the Child. The Juvenile Offenders Bill which raises the age below which no one can be sentenced to death to 16, has been pending in the Senate of Pakistan since 1995. The UN Convention on the Rights of the Child prohibits the death penalty for anyone below the age of 18. "Abolish the death penalty for all offences and all offenders. "State protection against religiously motivated violence has long been inadequate as has been the protection of religious minorities in general. The blasphemy laws have not only led to dozens of members of the Ahmadiyya and Christian community being imprisoned as prisoners of 'Reform the legal system to bring it into conformity with international human rights standards to afford adequate human rights protection to all' conscience over the years, it has further fed a climate of fear and uncertainty for these communities. The fact that death threats, fatwas calling for the murder of dissidents or non-believers and most killings of members of minority members have not been criminally prosecuted has led some sections of the community to believe that the state sanctions such actions. "Protect and secure equality in law and practice to all members of religious minorities. "Fully incorporate all the provisions of the UN Convention on the Elimination of All Forms of Discrimination against Women and the UN Convention on the Rights of the Child in national legislation and ensure full implementation. Ratify other major human rights treaties, in particular the International Covenant on Civil and Political Rights and the International Covenant on Social, Economic and Cultural Rights. "Particularly under the government of Nawaz Sharif, human rights defenders, including journalists reporting abuses, rights activists, women's rights groups and lawyers have been harassed, in some cases been arbitrarily arrested and detained, subjected to false criminal charges and been denied protection when threatened by private persons. "Ensure that human rights defenders can freely and without fear pursue their legitimate activities." - Pierre Sané, Secretary General, Amnesty International, September 20, 1999 Sri Lanka "The sixteen-year conflict between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) continued to produce human rights violations on both sides. On July 29, the international human rights movement lost one of its most respected and beloved leaders when a suspected LTTE suicide bomber assassinated Neelan Tiruchelvam, founder of both the International Centre for Ethnic Studies and the Law and Society Trust, a human rights research and advocacy organization. Tiruchelvam, a Tamil member of parliament, had angered the LTTE by proposing an alternative to a separate Tamil state, namely a plan for devolution of power to regional councils set up in part along ethnic lines. "The war was increasingly complicated by paramilitary actors, often working alongside the army as auxiliary forces, but sometimes at odds with them and with each other. Armed clashes between rival groups claimed civilian lives. Impunity remained a critical problem, with few prosecutions for human rights violations, and torture prevalent both in the context of armed conflict and in day-to-day policing. Discrimination against Tamil civilians by members of the security forces 'The sixteen-year conflict between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) continued to produce human rights violations on both sides' attempting to root out the LTTE continued throughout the country and especially in the capital city of Colombo and in Army-controlled areas of the north and east. "The war in the north continued to claim civilian lives and generated thousands of new internally displaced people and a smaller number of external refugees as people fled military shelling, clashes between the army and the LTTE, food shortages, and LTTE recruitment of children and adults for military service. On September 15, more than twenty civilians were reported killed and some forty injured in an Air Force bombing of the Puthukkudiyiruppu market in the northern district of Mullaithivu; houses and buildings nearby were also destroyed. Three days later, a suspected LTTE attack on Sinhalese villagers in the east killed more than fifty. "According to UN estimates, about a dozen people suffered injuries from landmines each month on the Jaffna peninsula. Both the government and the LTTE promised they would not remine areas cleared by UN mine clearance teams. The government, however, refused to sign the Ottawa Treaty banning land mines, citing security concerns imposed by the LTTE. Conflict-related deaths and injuries of civilians were also reported in eastern Sri Lanka. "The security forces' use of home guards and armed ex-militant Tamil
groups as auxiliary units to have engaged in illegal detention, murder, abduction, extortion, assault, torture, forced conscription, and forced eviction. In 1999, fighting between two of these groups, the People's Liberation Organization for Tamil Eelam (PLOTE) and Tamil Eelam Liberation Organization (TELO) also claimed civilian lives. 'The LTTE was also blamed for deaths of civilians and other noncombatants and intimidation of political opponents' "Large-scale arbitrary arrests of Tamils based almost solely on their ethnicity continued in many parts of the country. In the north and east, residents complained of discrimination at checkpoints, routine beatings, torture, public humiliation of persons detained during searches, and of detainees being used for forced labor by the Army and Special Task Force. "The LTTE was also blamed for deaths of civilians and other noncombatants and intimidation of political opponents. Several members of Neelan Tiruchelvam's party, the Tamil United Liberation Front (TULF), reported receiving threatening letters or telephone calls from the LTTE or LTTE front organizations. The LTTE also targeted members of armed Tamil groups; on September 2, 1999, Manikkadasan, PLOTE's Vice President and military wing leader, was killed along with two others in a claymore mine bombing of a PLOTE camp in Vavuniya. "On September 18, apparently in retaliation for the deaths of civilians killed in Air Force strikes on Puthukudiyiruppu three days earlier, suspected LTTE members hacked to death some forty-eight Sinhalese villagers and shot six others in attacks on three villages in eastern Sri Lanka. The killings sparked large anti-LTTE demonstrations in Colombo. "Increased recruitment of children was also reported from LTTE-controlled areas of the country. School buildings were the site of recruitment drives aimed at teenagers, and in April the LTTE began a practice of enlisting all residents in some areas of the north for military training as a 'civilian defense force.' Older residents were reportedly directed to act as guards for their villages, while younger members were sent to the front lines to aid LTTE combat units. Residents attempting to flee these areas said they were leaving, among other things, because of LTTE recruitment. "Official efforts continued to account for the tens of thousands of persons who 'disappeared' at the hands of the security forces since the conflict began. In January, the Presidential Commission on Disappearances submitted an interim report, based on investigations since June 1998. The Commission received some 10,135 complaints, mostly from the Central Province, and 460 complaints from Jaffna district. At the beginning of 1999, there were more than 7,500 complaints awaiting inquiry, and the term of the Commission was extended. "Prosecutions of abuses by security forces remained rare, but several notable cases did reach the courts. On July 20 a Mannar court ordered the detention of two soldiers from Pallimunai Army 'Increased recruitment of children was also reported from LTTE-controlled
areas of the country. School buildings were the site of recruitment drives
aimed at teenagers' Detachment accused of raping and murdering Ida Hamilitta,
a twenty-one-year-old former LTTE member who had surrendered to the army two
months before. A witness told the court he had tried to report the killing
to the Pallimunai police, but that they had refused to record his statement
and warned him to keep quiet. The Mannar medical officer, "No progress was made in reopening the notorious 'Bolgoda Lake' case which implicated Special Task Force (STF) commandos in the 1995 murders of twenty-three Tamil youths whose bodies were found floating in bodies of water near Colombo. "But in another notorious case in which twenty-five people, including twenty-four students between the ages of fifteen and seventeen, 'disappeared' from Sevana Army camp, Embilipitiya, Ratnapura district, between late 1989 and early 1990, there was some justice done. Six members of the Sri Lankan security forces and a high school principal were sentenced to ten years' imprisonment after having been found guilty of abduction with intent to murder and wrongful confinement. The court was unable to prove murder. The judgment was the first to address the enormous number of 'disappearances' linked to the state's counterinsurgency campaigns against suspected supporters of the Janatha Vimukti Peramuna (JVP), a Sinhalese nationalist insurgency, in the late 1980s. "Human rights defenders continued to play a critical role in demanding accountability for human rights abuses and working for an end to political violence in Sri Lanka. But these activities did not come without substantial risks. The greatest blow to human rights advocacy was the killing of Neelan Tiruchelvam. Seven others were wounded in the attack, including five policemen. The three young Tamil men arrested in connection with Tiruchelvam's murder were reportedly severely tortured in police custody in Colombo. 'No progress was made in reopening the notorious Bolgoda Lake case which implicated Special Task Force commandos in the 1995 murders of twenty-three Tamil youths whose bodies were found floating in bodies of water near Colombo' "In January the Centre for Monitoring Election Violence, INFORM, and other human rights organizations protested reports of widespread violence, vote-rigging and voter intimidation during the Northwest Provincial Council Elections. "In March, the Civil Rights Movement of Sri Lanka and other NGOs raised public concerns regarding an announcement that the government would no longer automatically commute death sentences when they came before the President, a move many feared would lead to a de facto reinstatement of the death penalty." - Human Rights Watch, http://www.hrw.org/ Conclusion: The common factors responsible for widespread human rights violations in the countries of South Asian region are: political instability; despotism; institutional weakness, particularly of judiciary; constant use of law-enforcement agencies by the ruling elite to manipulate against their opponents and those who dare to speak up (in many countries the role of agencies is no more than the mistress of the party in power); unchecked police brutality; lack of effort to bring the laws of the land in conformity with the Universal Declaration of Human Rights; lack of efforts on the part of ruling elite to "enact laws that sought to eliminate the systemic and customary discrimination between classes, genders and religions, and to see a system in place that began to distribute the nation's wealth more equitably within the nation and progressively reduced the current burdens of life on the majority of the people" (Aziz Siddiqui, "The Legacy of the Nineties", State of Human Rights in 1999, p.1, Human Rights Commission of Pakistan, Lahore); and disunity, divisions and sub-divisions among masses on the religious, sectarian, dogmatic, ethnic, linguistic, regional, racial, caste, sub-caste, biradariism, etc. The lack of education and economic poverty of the masses further weakens them, thus compelling them to continue to suffer and blame their fates. One gets worried by seeing a kind of such "criminal negligence" on the part of governments in the South Asian region for failing to intervene effectively to protect the human rights of the weaker sections of society is indeed worrisome. Third World government leaders (who in most cases do not genuinely represent their masses) constantly reject the demand for protection for human rights, considering the human rights norms as western norms and not the universal norms. Do they want to tell the world that people in their countries are less human as compared to the people of the western world? So, with this attitude and approach, aren't they accepting the inferior status for their populations and for themselves too? Does the ruling elite of these countries want to tell the world that their standards of human rights are very low and that they do not have any plans to improve these standards? Will the human race continue to suffer in this part of the world? Will the masses continue to be treated worse than animals? Why the rulers don't learn any lessons from the history of their predecessors? Why do they reject the demand for improving human rights as foreign intervention, while they continue to intervene, trespass, and trample upon the lives of their own people? Would the denial of human rights violations in their societies by governments solve the problem? Their denial indicates that they do not want to improve the situation of human rights in their societies. They should show some courage by accepting the existence of the problems and that will solve half the problem. 'One gets worried by seeing a kind of "criminal negligence" on the part of governments in the South Asian region for failing to intervene effectively to protect the human rights of the weaker sections of society' Rejection of human rights norms by labeling them as western norms, to say the least, is ignorance and amounts to a conspiracy against the people of this region. For, the major world religions i.e. Christianity, Islam, Judaism, Buddhism, etc. strongly preach human rights. Main emphasis of Christianity is: all human beings are created by God in His own image, so one must treat one's fellow humans as one would treat creatures of God; distribution of wealth on equitable basis - hiding and storing of wealth is strictly forbidden, for, one can either be friend to amassing wealth or to God; love and forgiveness not only for one's friends but also for one's enemies, etc. Islam has a very strong concept of Haqooq Allah and Haqooq-ul-Abad - obligations towards Allah and obligations towards fellow human beings - Allah will forgive those who do not fulfill obligations to Allah, but one who does not fulfill obligations towards people, can only be forgiven by those whose rights are usurped. Then, Prophet Muhammad (PBUH) in his last speech had put a lot of emphasis on treating others, as one would like oneself to be treated. The Prophet (PBUH) also taught tolerance for other people and their faiths. Judaism has famous Ten Commandments, which teach people to be respectful towards the life, dignity, property and women of other people. Buddhism strictly forbids lust for power (both political as well as social),
and use of force against even the smallest creatures. It preaches respect
for life of every kind, respect for nature and environment, and non-violence
etc. diversity, is reported to have said, "I think that we have to find unity in diversity…we are all children of one and the same God and, therefore, absolutely equal".It is high time that the ruling elite in this region realises that they are in the 21st century and were not ruling the primitive societies. They must humanise themselves, raise their standards of human rights, and put an end to the dehumanisation of their masses. 'The masses in this region also have to grow out of their religious, sectarian, ethnic, caste, and other prejudices, and use their energies in a more positive way, that is to be united and struggle against injustice, poverty and deprivation' The masses in this region also have to grow out of their religious, sectarian, ethnic, caste, and other prejudices, and use their energies in a more positive way, that is to be united and struggle against injustice, poverty and deprivation.
|
|