VIET NAM: Pro-democracy blogger Dieu Cay is on hunger strike
Special ReportBy Vo Tran Nhat
Jul 25, 2013
Dieu Cay
PARIS-GENEVA, 19 July 2013 (OBSERVATORY & VCHR) - The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), together with the Vietnam Committee on Human Rights (VCHR), express deep concern for the health of human rights defender Mr. Nguyen Van Hai (aka Dieu Cay) who has reportedly been on hunger strike in prison for at least 25 days.
Mr. Dieu Cay, prominent blogger and founder of the “Club of Free Journalists of Vietnam”, well known for his online writings calling for greater respect for human rights and democratic reforms, is currently detained in Prison Camp No. 6 in Thanh Chuong District, Nghe An Province in Central Viet Nam. On July 16, 2013, Ms. Duong Thi Tan, the former wife of Mr. Dieu Cay, went to visit him in prison, but was refused the right to see him. A senior prison official (Lt.-Colonel of Security Police) told her that Mr. Dieu Cay was currently being punished for “disturbing order”. Mrs. Nguyen Thi Nga, the wife of political prisoner Mr. Nguyen Xuan Nghia, who is detained in the same prison camp, visited her husband the same day and asked for news of Mr. Dieu Cay. Prison wardens immediately intervened and ordered her not to discuss this “sensitive question”. As she was about to leave, Mr. Nguyen Xuan Nghia shouted out “Did you know that Dieu Cay has been on hunger strike for the past 25 days?”. Wardens swiftly gagged him and dragged him away. Our organisations are extremely concerned for the health of Mr. Dieu Cay. Prison Camp No. 6 has no adequate medical facilities, and it is situated in a remote, mountainous region some 70 kilometres from Vinh, the nearest town. If Mr. Dieu Cay’s health suffers as a result of a prolonged hunger strike, he would not have access to urgent medical treatment.
“Mr. Dieu Cay has persistently claimed his innocence, but he found no justice in Viet Nam’s legal system”, said VCHR President Vo Van Ai. “So he is speaking out in the only way a prisoner can - by putting his own safety on the line in an act of nonviolent protest. His detention is shameless and unlawful - Viet Nam should set him free”. “Mr. Dieu Cay’s situation illustrates the widespread international and domestic protest over an ongoing government crackdown on freedom of expression, both online and offline” deplored FIDH President Karim Lahidji. “We call for the immediate and unconditional release of Dieu Cay and of all human rights defenders and cyber-dissidents in Viet Nam”.
“At last, the authorities of Viet Nam should abide by the opinion issued by the United Nations Working Group on Arbitrary Detention in 2009, declaring Mr. Dieu Cay’s arbitrary and in violation of international human rights law, by immediately releasing him”, urged OMCT Secretary General Gerald Staberock. “It is high time that the authorities of Viet Nam finally put an end to their crackdown on Internet activists and human rights defenders in the country as a way to silence critical voices”. Scores of human rights defenders and cyber-dissidents are currently serving long prison sentences or awaiting trial in Vietnam (1). Three bloggers, Dinh Nhat Uy, Pham Viet Dao and Truong Duy Nhat, arrested in the past two months alone, face prison sentences of up to seven years for “abusing democratic freedoms to infringe upon the interests of the State” (Article 258 of the Criminal Code). Their blogs are aimed at informing people about human rights and advocating ways to promote and protect them. On May 16, 2013, University student Ms. Nguyen Phuong Uyen, 21, and Mr. Dinh Nguyen Kha, 25 (the brother of Dinh Nhat Uy) were sentenced respectively to six and eight years in prison and three years house arrest for advocating for human rights.
Mr. Dieu Cay was first convicted in 2009 on trumped-up charges of “tax evasion” after a manifestly unfair and closed trial. Instead of being released upon completing the sentence in 2010, Mr. Dieu Cay was charged with a second offence of “propaganda against the Socialist Republic of Vietnam” (Article 88 of the Criminal Code). Article 88 is among several repressive provisions in Vietnamese law that are routinely used to criminalise free speech and imprison peaceful dissidents. He was detained incommunicado for over a year. In late 2011, Mr. Dieu Cay staged a 29-day hunger strike to protest his unfair detention. On September 24, 2012, he was sentenced to 12 years in prison and five years probationary detention at a trial in Ho Chi Minh City that broadly violated fair trial standards and was widely condemned by the international community. The verdict was upheld on appeal in December 2012.
Our organisations strongly condemn the crackdown that has been targeting Internet activists and human rights defenders in Viet Nam for the past few years, and urge the authorities of Viet Nam to abide by the resolution that was adopted by consensus in June 2012 by the UN Human Rights Council, affirming that the right to freedom of expression online must be protected, and calling on States to “promote and facilitate access to the Internet”. Our organisations further reiterate their call on the Vietnamese authorities to ensure in all circumstances that human rights defenders are able to work without any fear of reprisals and to conform to the UN Declaration on Human Rights Defenders and the Universal Declaration of Human Rights.
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NES launches unique mentoring process for Western India students
At the a multi-model mentoring initiative launching
Conducts mentoring session with Industry Leaders at S.B.Patil Institute of Management, PCMC. Natarajan Education Society (NES) – www.nesconnect.org, a Pune based Not-for- profit organization has launched a multi-model mentoring initiative for students in Western India with an interactive afternoon at S. B. Patil Institute of Management, Nigdi, on Saturday the 6th of July, where over 200 candidates from Engineering & Management streams from various institutes were present.
Chaired by Dr Ganesh Natarajan, Vice Chairman & MD of Zensar Technologies and Founder of NES, the panel comprised eminent industry CEOs Ms. Sushma Rajagopalan – Global Partner & MD of Liquidhub India Pvt. Ltd., Mr. Ajay Aggarwal – CEO of Seacom India & specialists Ms. Deepika Sharma – Education Technology Ms. Ruchi Mathur – Strategy & CSR Head of Zensar Technologies Ltd, Pune and Mr Kedar Nigavekar Education Entrepreneur.
The panelists touched upon several important aspects that go a long way in ensuring successful career and smooth transition from academics to industry in the wake of the growing challenges & industry dynamics. Sushma Rajagopalan urged the students to focus on three Cs – Confidence, Competence and Commitment and have a focused approach instead of a diverse agenda to their career goals. Mr. Ajay Aggarwal insisted that candidates today need to be very open to gain exposure & learning through various different job roles and not shy away from taking challenges as a potential opportunity for learning.
Dr. Ganesh Natarajan gave insights on the way freshers need to look at their career & what to expect from their first jobs as they enter the industry. His mantra for success was the three Fs; he said “as an organization we expect freshers to be Fast learners, Flexible in job roles and Focused on their career path in order to achieve and contribute to excellence. He also mentioned that in order to excel in the corporate world today, candidates need to adopt innovative methods and 24x7 learning avenues, thereby making them multiskilled, instead of just focusing on academic requirement. “Take every day as a challenge and be prepared to do hard work without any shortcuts” said Deepika Sharma. Ruchi Mathur stated that industry is now focusing on hiring students from Tier II institutes rather than top rated institutions because of their potential to excel, given an opportunity & right direction, hence this is a very important trend that can be of great advantage to today’s ambitious youth. Mr Kedar Nigavekar emphasized the importance of strong values and suggested that students should imbibe this from their role models and mentors.
The multi-modal approach to mentoring was emphasized with the introduction of the next phase, which is on line mentoring, a unique initiative launched by NES in March 2013 this year in collaboration with Boston USA based TurnRight Advice Inc. NESTURNRIGHT.COM is the online mentoring portal for candidates that will match hundreds of students with over forty high profile mentors and give opportunities for student queries to be handled interactively to make them ready for the corporate world.
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Trade relations: Reluctant to assess human rights in Vietnam, the EU fails to respect its commitments
Olivier de Schutter, UN Special Rapporteur on the right to food
BRUSSELS, 3 July 2013 (FIDH & VIETNAM COMMITTEE) - FIDH and VCHR wrote an open letter to the European Union on 30 April 2013 highlighting how prejudicial the absence of an assessment on human rights would be within the context of the EU-Vietnam free trade agreement currently under negotiation. In its reply received today, the European Commission confirms that a Human Rights Impact Assessment (HRIA) is not included. Therefore, the EU fails to respect the commitment made in its June 2012 Strategic Framework and Action Plan on Human Rights and Democracy to “insert human rights in all Impact Assessments”.
It is well known today that international trade and investments can have positive effects on human rights, but it has often also contributed to undermine the protection and realisation of human rights and to worsen the social, economic, civil and political situation of citizens, in particular those in developing countries and states where corruption is high and transparency is low. The way to ensure that trade partners respect their international obligations and that the EU’s trade agreements benefit and do not harm human rights is to document the potential risks and to adapt the negotiations to consider and mitigate those risks. It is the position of Olivier de Schutter, UN Special Rapporteur on the right to food, who in 2010 already declared: “It is time to act. The methodology for conducting HRIAs exists.
The decision to implement HRIAs is a matter of political will”. FIDH and VCHR call the European Parliament and the Council of the European Union to urge the Commission to launch the requested Human Rights Impact Assessment. “These institutions need ensure the mandate of negotiation is adapted to address the challenges in Vietnam and that the agreement contains efficient safeguards and guarantees to that end” said Karim Lahidji, FIDH President. “It is essential that the Council and the European Parliament make sure they are fully informed when the time comes to negotiate and agree the adoption of the Free Trade Agreement”. “Since 2009, at least 160 peaceful activists have been sentenced to a total of 1,052 years in prison in a brutal government crackdown, despite Vietnam’s commitments made under its UPR the same year. An HRIA must be urgently made to ensure that the Council and the European Parliament are provided with the full facts.” said VCHR President Vo Van Ai.
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Activits Campaign in Memorial of Salai Tin Maung Oo in Korea
Jun 24, 2013
Members of All Ethnics Democracy and Human Rights
We are a group of Burmese/Myanmar ethnic people based in South Korea; our organization name is called “All Ethnic Democracy and Human Rights Network”. Today we are protesting our democracy and ethnic-civil rights in the front of Myanmar embassy, in memorial of our leader - Chin student hero ‘Salai Tin Mg Oo’ who was deliberately killed by Burma/Myanmar military junta due to his democracy and freedom movement. This is the memorial of 37th anniversary of Salai Tin Mg Oo assassination, that the Burma/Myanmar’s military junta killed him on June 24, 1976. We “All Ethnic Democracy and Human Rights Network” are strongly condemned for the Burma/Myanmar military government’s action for that.
Similarly the military regime massacred students’ activist on July 7, 1962 in the past and order to destruction of the Student Union Building. Afterward there was nation wide mass uprising in 08/08/1988 where the government responded brutally firing into the crowd – leading to about 3,000 killed, and there was Depayin massacre in May 2003 which military alleged killed hundreds of people, also there was the people revolution in September 2007 which military killed and disappearance hundreds of people again. In 2008 cyclone disaster, delaying and halting relief aids to the victims which made millions of people suffering and hundred thousand was death.
Infront of Myanmar Embassy in Seoul
Recently, military troop escalated war against ethnic Kachin. And religious clashes in Arakan state, central Myanmar and several places which is the consequence of military rule for several decades, where ethnic state has no chance to administering their own region properly, consequence, there are ongoing religious and ethnic clashes. Therefore we demand Burma/Myanmar military government:
(1) Admit and apology for killing Salai Tin Maung Oo and stop continues war and human rights violation. (2) Stop military interfering in civilian government. Change to genuine democracy system and provide freedom from political and economic suppression.
And we ask South Korea government and International community to support on our course of democracy movement and effort to transform a genuine democracy system in Burma/Myanmar. Also we ask them to support and help-out the ethnic victims in inside the country and asylum seekers around the world.
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VEDANTA NIYAMGIRI: DONGRIA DELEGATION TO ODISHA GOVERNOR DEMANDS FAIR PROCESS on VEDANTA MINE
Special ContributionBy Miriam Rose
Jun 11, 2013
Dongria Kond
Dongria Kond delegation visits the Odisha Governor SC Jamir to demand all villages affected by Vedanta's proposed mine are included in gram sabha process. Dongria report sustained harassment from police and special forces in Niyamgiri villages. UK members of parliament submit letter of concern on Vedanta's part in Palli Sabha process to UK government and OECD.
Tomorrow a group of fifteen Dongria Kond from the threatened Niyamgiri mountain range in Odisha, India will descend on Bhubaneswar to meet the Odisha Governor SC Jamir demanding that all affected villages are consulted on how their religious and cultural rights would be affected by Vedanta's proposed mine. On Sunday the Minsister for Rural Development - Jairam Ramesh had also intervened in the ongoing gram sabha process, echoing the outcry at Niyamgiri that only twelve out of more than 100 affected villages had been chosen to be consulted on the mine by the Odisha State Government.
The Dongria will also hold a press conference at which they will give details of ongoing harassment by CRPF forces, who have been threatening villagers not to oppose the mine. In one incident the CRPF opened fire on a group of Dongria bathing in waterfall at Batudi village. Meanwhile in London, a group of UK members of parliament have expressed their concern over the Palli Sabha process, alerting UK authorities to monitor the behaviour of British mining company Vedanta Resources, who are attempting to mine the mountain with Odisha state support.
Dongria Kond leaders including village Sarpanch's and ward members from a number of Niyamgiri villages will tomorrow meet with the Odisha Governor SC Jamir. Local Kutia Kond activist Kumuti Majhi made this statement about their visit: “We don't believe that the Supreme Court has asked only twelve villages to be taken into consideration. There are over 200 villages that are dependent on the natural resources of this mountain range. We are going to meet the Governor in order to give our objection to this kind of state irregularity and injustice.”
Their visit will add to intense pressure on the Governor (who is nominally responsible for overseeing the gram sabha process). The Minister of Tribal Affairs – Chandra Kishore Deo, and Minister of Rural Development - Jairam Ramesh among others, have demanded he take a strong stand on the Niyamgiri gram sabha process initiated by the Supreme Court's judgement on Vedanta and Odisha Mining Corporation (OMC)'s mine in April(1). Jairam Ramesh had earlier banned Vedanta from mining the mountain in August 2010, following the SC Saxena report. Despite being celebrated as a victory for people's democracy, there has already been considerable controversy over the Odisha government's interpretation of the Supreme Court ruling (see comprehensive analysis on Foil Vedanta website1).
The Dongria delegation will also speak to the Governor and the press about severe harassment of villagers by CRPF forces in the mountain. On June 3rd CRPF forces opened fire on a group of women and children bathing in a waterfall at Batudi village on Niyamgiri. Bullets missed the children by only a few inches as they ran away into the forest. The firing continued for five minutes according to a report from activists who took statements from those present(2). The CRPF have allegedly set up a base in a cotton market yard in Muniguda (a nearby town) and make frequent trips to the mountain, in particular to Jarpa, Khambeshi and Lacpadar villages(3). Another video report2 shows a Dongria woman describing the CRPF attacking their village, destroying food stores and materials of worship and taking traditional weapons kept to protest them from wild animals. She states:
“Few days back we were gathering forest products near our village. At that time so many armed forces arrived and they pointed guns at us and surrounded us. They started asking "where is Lada (the tribal leader)? Where have you hidden the maoists ? Where have you hidden the weapons? Why are you opposing mining?” Some one from the behind yelled - 'If you resist the mining you will be killed like dogs'.” The Minster of Tribal Affairs had previously asked the Odisha Government to ensure the gram sabhas were held 'in a free and fair manner, uninfluenced by any vested interests and without coercion'.3
Meanwhile in London, an open letter4 signed by a group of Members of the UK and Scottish Parliaments has been officially submitted to London's two main financial ombudsmen (who are currently under pressure to investigate and de-list Vedanta) (3) and the OECD's UK National Contact Point (who has previously upheld a complaint against Vedanta's Niyamgiri project5). The letter expresses concern with 'the track record of Vedanta and the supporting Odisha state at Niyamgiri', and a desire to ensure 'that this decision making process should be fair, fully informed and un-influenced by Odisha state (and its officials including police) or Vedanta itself – following the principle of Free Prior Informed Consent.'.
The members of parliament note that they will be monitoring the current decision making process via reports from lawyers and social activists, and will demand an investigation by UK authorities if foul play occurs. The letter states: Vedanta is a British company listed on the London Stock Exchange and overseen by the UK Listings Authority. If Vedanta fails to adhere to Indian and UK law and basic human rights and environmental conventions – including the Indian 2006 Forest Rights Act – they should be investigated, held to account and de-listed from the London Stock Exchange. (4)
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Two workers die in illegal sand mine in the Narmada Valley: Two more serious
Special ContributionBy Meera
Jun 2, 2013
Sand mine in the Narmada Valley
NBA demands comprehensive inquiry: Complete halt to the illegal activity...
Badwani: In another shocking incident, two young wage labourers Bhanu S/o Fathu and Jeevan S/o Vishram succumbed today on the spot in the illegal sand mines in village Pendra, Tehsil and Dist Badwani, after being crushed under the huge sand boulders. Two other labourers, Mendubai, widow of Rajendra and Girdhari are hospitalized and are in a critical condition in the ICU, after getting seriously wounded when the sandy hillocks and eroding adjacent land slided, sinking the labourers for more than half an hour.
The inquiry into the deaths by the police administration is obviously not smooth while the illegal mining mafia is trying hook and crook to hush–hush the matter and push the incident under the carpet. As per the brave and candid statement of Mendu bai, not less than 300 to 400 workers were working at the bottom of the huge mining pit, 40 feet deep, at the time of the incident. The rains had made the sand walls brittle on all the four sides and suddenly there was a massive slide. She and three others from her own village, Raswa, Tehsil Kasravad, Dist Khargone, couldn’t run away while others did and came under the heavy sand, resulting in the mishap. They could be removed only after half an hour during which the death and wounds occurred. Reportedly, the main contractor, Mr. Suresh Patel and his two sons from village Kundia, had paid lakhs of rupees to Raju Jalal for excavation of the land for sand. Earlier in the day, Medha Patkar and a few activists visited the labourers admitted at the hospital and also the spot at Village Pendra where the incident had occurred.
The victims at the sand mine
The adjacent land of Champalal Awasya and his brothers (Raju’s cousins), other lands belonging to Mohan, Bherusing and his father Rukhadiya have also been sold, while they are either yet to get land or have been entangled in the fake registry scam. However, some of such land owner oustees, along with the politician-bureaucrat-contractors nexus have earned lakhs of ruppes in this illegal mine game, that is going on in village after village in the Narmada valley, in the very lands that have been acquired for or are adjacent to the lands acquired for the Sardar Sarovar Project by the Narmada Valley Development Authority.
The Rehabilitation Officer, SSP, Badwani, has clearly stated in his letter dated 14-05-2013 that the NVDA has never given a No-Objection Certificate to the sand mining on the lands acquired for the SSP. The entire mining activity is illegal since it violates the provisions of the Narmada Water Disputes Tribunal Award that stipulate that the lands acquired can be used only for the purposes of submergence and not otherwise. In spite of the fact that the Hon’ble Supreme Court has categorically directed that no sand mining leases or renewal of leases can be given without approval of the Union Ministry of Environment and Forests, the Badwani Collector has given an illegal three – month extension from the sand mines, from April, 2013.
Little action has been taken to arrest this illegal activity despite dozens of complaints from numerous villages. NBA demands a complete halt to the illegal sand mining as also the auction and lease process, and demands a comprehensive inquiry into all such incidents that have been occurring time and again, as also a detailed environmental impact assessment of the activity that has been undertake thus far.
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THAILAND: The regularization of the crisis of freedom of expression
May 22, 2013
Amphon Tangnoppakul
1. The Asian Legal Resource Centre (ALRC) wishes to bring the regularization of the crisis of freedom of expression in Thailand to the attention of the Human Rights Council. This statement is the sixth on this topic that the ALRC has submitted to the Council since May 2011. During the seventeenth session of the Council in May 2011, the ALRC highlighted the rise in the legal and unofficial use of Article 112 of the Criminal Code and the 2007 Computer Crimes Act (CCA) to constrict freedom of expression and intimidate citizens critical of the monarchy (A/HRC/17/NGO/27). During the nineteenth session in February 2012, the ALRC detailed some of the threats faced both by those who have expressed critical views of the monarchy, both legal and extralegal, as well as those who have expressed concern about these threats (A/HRC/19/NGO/55). During the twentieth session in June 2012, the ALRC raised concerns about the weak evidentiary basis of convictions made under Article 112 and the CCA (A/HRC/20/NGO/37) and the concerning conditions surrounding the death in prison custody of Amphon Tangnoppakul on 8 May 2012, then serving a 20-year sentence for four alleged violations of Article 112 and the CCA (A/HRC/20/NGO/38). During the twenty-second session in March 2013, the ALRC highlighted the January 2013 conviction under Article 112 of human rights defender and labour rights activist Somyot Prueksakasemsuk (A/HRC/22/NGO/44).
2. In the prior five statements, the ALRC has been concerned with the urgency of the threats posed by the constriction of freedom of expression. Particularly in the context of the 19 September 2006 coup and the violent clashes between state security forces and citizens in April-May 2010, the protection of fundamental human rights is necessary to foster the rule of law and democratization. The ALRC is again raising the issue of freedom of expression with the Council because the constriction of speech in the name of protecting the monarchy and national security has now become regularized. This is no longer an unusual breach of human rights, but one that has become constitutive of political and social life in Thailand. The entrenchment of the violation of freedom of expression threatens to normalize an additional series of human rights violations, such as the routine denial of bail to individuals awaiting trial and appeal, the provision of substandard medical care in prisons, and the use of secrecy to restrict the openness of trials and public information about ongoing cases.
3. Article 112 criminalizes criticism of the monarchy and mandates that, "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years." The 2007 CCA, which was promulgated as part of Thailand's compliance as a signatory to the United Nations Convention Against Transnational Organized Crime, has been used to target web editors and websites identified as critical of the monarchy or dissident in other ways. The CCA provides for penalties of up to five years per count in cases which are judged to have involved the dissemination or hosting of information deemed threatening to national security, of which the institution of the monarchy is identified as a key part. While Article 112 law has been part of the Criminal Code since the last major revision in 1957, available statistics suggest that there has been a dramatic increase in the number of complaints filed since the 19 September 2006 coup; how often these complaints become formal charges and lead to prosecutions is information that the Government of Thailand has failed to provide up to this point. The CCA has often been used in combination with Article 112 in the four years since its promulgation; similar to the use of Article 112, complete usage information has not been made available by the Government of Thailand. This failure to provide information itself raises many unanswered questions about the use of both laws to diminish space for freedom of expression through the use of secrecy and creation of uncertainty.
4. At present, there are 6 persons known to be serving prison terms for alleged violations of Article 112 and/or the CCA and 1 person behind bars while awaiting trial.
a. Daranee Charnchoengsilpakul was convicted of violations of Article 112 related to 55 minutes of speech and sentenced to 18 years in prison on 28 August 2009. Following examination of her case by the Constitutional Court, her sentenced was reduced to 15 years in December 2011. b. Wanchai Sae Tan was convicted of violations of Article 112 related to leaflets he made and distributed and sentenced to 15 years in prison on 26 February 2010. c. Thanthawut Taweewarodomkul was convicted of violations of Article 112 and the CCA related to his work maintaining the NorPorChorUSA website and sentenced to 13 years in prison on 15 March 2011.
d. Surachai Sae Dan (Danwattananusorn) was convicted of a series of violations of Article 112 related to political speeches he made and sentenced to a total of 12.5 years in prison in a series of cases in 2012. e. Somyot Prueksakasemsuk was convicted of violations of Article 112 related to his work in editing and publishing Voice of Taksin magazine, which was deemed to include two anti-monarchy articles (written by someone else) and sentenced to a total of 11 years in prison on 23 January 2013 (10 years on Article 112-related charges and 1 year related to a prior case). f. Ekachai Hongkangwan was convicted of violations of Article 112 related to selling VCDs of an ABC Australia documentary and copies of WikiLeaks material and sentenced to 3 years and 4 months in prison on 28 March 2013.
g. Yutthapoom (last name withheld) has been held in the Bangkok Remand Prison since 19 September 2012 on charges of violating Article 112.
5. While there have been several other convictions in recent years, these 7 cases stand out because the individuals involved have repeatedly been denied bail, always on the grounds that their crimes are too grave a threat to national security to permit even temporary release. Although some individuals were granted bail while awaiting trial, upon conviction they were all denied bail, despite ongoing processes of appeal. This is in contravention to Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party, which specifies: "Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment." Bail is routinely granted during trials and after conviction while awaiting appeal in cases of committing violent crimes in Thailand, but routinely denied for cases involving freedom of speech.
6. As highlighted by the May 2012 death in custody of Amphon Tangnoppakul, who was then serving a 20-year sentence for allegedly sending 4 anti-monarchy SMS messages, which the ALRC commented on in a June 2012 submission to the Council (A/HRC/20/NGO/38), the prison healthcare system in Thailand falls well beneath the United Nations Standard Minimum Rules for the Treatment of Prisoners. As part of the testimony provided during the April 2013 postmortem inquest hearings into Amphon's death in custody, as reported by Prachatai, Amphon reported to fellow prisoners that when he went to seek treatment at the prison hospital, physicians made contemptuous comments about his alleged defamation of the monarchy. This goes far beyond institutional failure to meet minimum standards and indicates that physicians have become partial and may not provide an equal level of care to all prisoners.
7. Prosecutions under Article 112 and the CCA are surrounded by several different kinds of secrecy. The first is that the total number of charges and prosecutions under these two measures has not been made public by the Government of Thailand. The reason that the ALRC noted above in the list of current prisoners above that these are the known cases of individuals currently serving prison sentences or under detention while awaiting trial is that in the annual U.S. State Department Human Rights Report on Thailand, released in late April 2013, they reported that the number of persons detained or imprisoned under laws related to lèse majesté was between 7 and 18. Those 7 individuals listed above are those who are known to be behind bars, but the U.S. State Department report indicates there may be an additional 11 individuals being held. The failure of the Government of Thailand to provide precise information to the public itself raises many unanswered questions about the use of the laws to diminish space for freedom of expression through the use of secrecy. In addition, in at least two cases, those of Daranee Charnchoengsilpakul and Wanchai Sae Tan, the trials were held in camera and were closed to the public on the basis that the dissemination of the testimony may constitute a threat to national security. In a 2011 comment, the Constitutional Court argued that there was no contradiction between a secret trial and the protection of rights and liberties as provided for in the 2007 Constitution. Taken together, these two forms of secrecy create uncertainty about what consequences citizens may face for the basic exercise of human rights and makes political participation filled with possible danger.
8. The ALRC is very concerned about the effects of the regularization of the constriction of freedom of expression on human rights, democracy, and the rule of law in Thailand. The danger of this regularization is that it naturalizes violations of rights and causes them to appear normal and justified. The ALRC would like to remind the Government of Thailand that under Article 19 of the ICCPR, restrictions on the right to freedom of expression are only permissible under two circumstances: "for respect of the rights or reputations of others" and "for the protection of national security or of public order (ordre public), or of public health or morals." While measure 112 is classified as a crime against national security within the Criminal Code of Thailand, and this is frequently cited by the Government of Thailand when faced with the criticism that the measure is in tension with the ICCPR, to date a clear explanation of the precise logic for categorizing the measure as such has not been provided. Without an adequate explanation being provided, the constriction of freedom of expression is arbitrary.
9. In view of the above, the Asian Legal Resource Center calls on the UN Human Rights Council to: a. Call on the Government of Thailand to release all those convicted or facing charges under Article 112 and the 2007 Computer Crimes Act. b. Demand that the Government of Thailand revoke Article 112 of the Criminal Code and the 2007 Computer Crimes Act. c. Demand that the Government of Thailand provide an accounting of how they will improve the provisions for healthcare in prison and ensure that all prisoners receive the same treatment, without regard for the alleged crimes that they have committed.
d. Urge the Government of Thailand to allow and support the full exercise of freedom of expression and political freedom, consistent with the terms of the Universal Declaration of Human Rights, to which it is a signatory, and the International Covenant on Civil and Political Rights, to which it is a state party. e. Request the Special Rapporteur on the freedom of opinion and expression to continue ongoing monitoring and research about the brought situation of constriction of rights and individual cases in Thailand; and, the Working Group on Arbitrary Detention to continue to monitor and report on those cases of persons arbitrarily detained under Article 112.
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Campaign Against the Death Penalty in India
Death Penalty in India
“The death penalty is judicial murder” Former Supreme Court Judge K T Thomas, 27 April 2013
Given the disturbing recent trend of the death penalty being carried out arbitrarily this year in India, a national campaign against the death penalty comprising of distinguished jurists, senior lawyers, human rights groups, academics, NGOs and activists have converged to highlight the disappointing return to capital punishment. The secretive and barbaric nature of these executions has added to the alarm and concern.
The purpose of the conference is to provide a rational critique from eminent and distinguished speakers, both from the judiciary, those working within the Indian criminal justice system, NGO’s and human rights groups; How the death penalty as a means of punishment and deterrence is both dangerous and flawed as a penal objective in 2013.
The conference will examine some of the following topics with eminent speakers including: Justice A.K. Ganguli (Retd), Supreme Court, Juvenile Justice: the death penalty for juveniles accused of serious offences Justice A. P. Shah (Retd.), Chief Justice Delhi High Court, A judges View of the use and abuse of the death penalty. Colin Gonsalves, Senior Supreme Court Advocate and director of HRLN, Access to justice, flawed investigations, legal aid and the right to a fair trial where the death penalty is carried out.
Shashi KumarVelath, Amnesty International, The“Lethal Lottery”, activism and mobilization. Meagan Lee, Reprieve, India bucking the trend: The global move away from the death penalty and “Death-row Syndrome”, Anup Surendranath, Professor National Law University Delhi, TADA – Emergency Legislation and the Death Penalty. Navneet Bhullar, My struggle against the death penalty Satnam Singh Bains, Barrister Chambers Lord Gifford QC, London, Miscarriages of justice and the irreversible nature of the death penalty.
This conference has been organised by Human Rights Law Network in collaboration with Peoples Union for Civil Liberties, Amnesty International, Human Rights Watch, Free Bhullar Campaign AISA, Anhad, Jamia Teachers’ Solidarity Association, , Indian Alliance for Child Rights, Lawyers for Human Rights International, Lawyers for Justice, People’s Watch, Sikh Human Rights Groups and other NGOs.
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PLEASE MARK YOUR CALENDAR- MAY 18th 2013, TAMIL GENOCIDE DAY IN SRI LANKA
Tamil were genocide in Srilanka
"The cause of Sri Lankan strife is not race or religion but the myths contained in Mahavamsa"... May 2013 is Tamil genocide day and burning of Mahavamsa. On this day every Tamil must burn a copy of Mahavamsa in their homes to show their anger and remorse. 146679 people were massacred.
Sri Lankan Government is hoping they can substitute community development to Capital punishment for the Genocide May 2009.The seminal source of the genocide can be traced to Mahavamsa, the Superior Race theory. One must understand that the cause of the genocide is not superficial one, it is well planned and executed by the Maha Sangha (ORGANISATION) as written in Mahavamsa (THE PLAN)There fore regime change or political change or Constitutional change and any other mean will not change the psyche of the Singhalese people.
What our Tamil people must understand is that there is program and pogroms to slowly but steadily eliminate Tamils, Muslims, Christians etc from Sri Lanka. Mahinda Rajapaksa, like S.W.R.D Bandaranayake and Junius Richard Jeyawardene is a hired thug to annihilate non Buddhist communities in Sri Lanka. If one journalize the events took place since 1948, it ill become obvious to every one.
On this of May 18th 2013, every Tamil must down load a copy of Mahavamsa and burn it and show the world the seminal source of the Sri Lankan Genocide is because of the Mahavamsa; (Superior race Theory) similar to Mein kampf by Adolf Hitler. If Tamils people want to survive this narcissistic nature of Buddhist in Sri Lanka, they must unite under one proclamation and one roof and create awareness among the world.
Mahavamsa is a defective gene that has to be removed and The Buddhist people in Sri Lanka are quarantined from the ill effects of Mahavansa. The Singhalese people have to shown that there are better ways to live. It is in the interest of the Singhalese people and the rest of the world this chronic chronicle must be burned in every Tamil Home around the world.
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“Demand ethics in economic development,” CBCI Office for Justice and Peace tells Christian activists in the North East
Special ContributionBy Rev Dr Charles Irudayam
Apr 22, 2013
At the Workshop
Guwahati: At a two-day workshop on Catholic Social Teaching, the CBCI Office for Justice, Peace and Development (OJPD) called upon the Christian activists in North East India to demand ethics in economic development. “The kind of developmental model that is pursued in India, while favouring a few, remains detrimental to the livelihood and sustenance of a large section of the society,” said Fr Charles Irudayam, OJPD Secretary, while facilitating the workshop.
The CBCI Office for Justice, Peace and Development (OJPD) conducted a workshop on Catholic Social Teaching for 30 participants comprising of priests, nuns and human rights activists at North East Diocesan Social Service Society (NEDSSS) Joypur, Guwahati, in Assam,on 19 and 20 April 2013. Through the two-day workshop, OJPD aimed to develop a coordinating effort for just society, and to foster solidarity among the church groups to make a difference in the Northeast Region.
The workshop consisted of input sessions, sharing, focus group discussions and open visual documentary shows. The workshop was facilitated by a team of experts comprising of Fr. Rudolf Hereida S.J, Fr. Melvil Pereira S.J, Director of North East Social Research Centre (NESRC) Guwahati, Mr. Allen Brooks, Former Secretary, Minority Commission, Assam, who is presently President, Catholic Council of NE India, Fr. Ravi Sagar, director of Legal Cell for Human Rights (LCHR) Guwahati, Sr. Molly DBI, and Mr Francis A. Maringmei, besides Fr. Charles Irudayam. Fr. Varghese Velickakam, Director of North East Diocesan Social Service Society (NEDSSS) was the convenor of the workshop. The outcome of the workshop was the realisation among the participants that the Church has a larger role to play than that of being a good ‘Samaritan’.
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European Parliament condemns violations of human rights, freedom of expression, religion and assembly in Vietnam
European Parliament
STRASBOURG, 18 April 2013 (VIETNAM COMMITTEE) – At its plenary session in Strasburg today, the 754-member European Parliament adopted an Urgent Resolution on Vietnam strongly condemning a wide range of human rights violations and asking the EU to “assess the compatibility” of these violations with the new EU-Vietnam Partnership and Cooperation Agreement (PCA) which conditions trade and diplomatic relations on the respect of democratic principles and human rights. The resolution was co-sponsored by six political groups across the whole political spectrum, including the Progressive Alliance of Socialists and Democrats in the European Parliament, the European People's Party (Christian Democrats), Alliance of Liberals and Democrats for Europe, the Greens/European Free Alliance Group, the European Conservatives and Reformists Group and the Europe of Freedom and Democracy Group. It was adopted by a large majority with no vote against.
The Confederal Group of the European United Left - Nordic Green Left abstained from voting. “This strong resolution by the EP takes up the grave concerns raised by Vietnamese and international civil society, and detailed in our report on “Bloggers and Netizens behind bars”, said Vo Van Ai, President of the Vietnam Committee on Human Rights. “It shows Vietnam’s systematic and savage repression against all those who hold opinions at odds with the one-Party state. Rightly, the EP asks the European Union to re-examine its relationship with Vietnam, which is based on the respect of fundamental freedoms and rights”. Condemning the ”political intimidation, harassment, assaults, arbitrary arrests, heavy prison sentences and unfair trials in Vietnam brought against political activists, journalists, bloggers, dissidents and human rights defenders, both on- and offline, in clear violation of its international human rights obligations”, the EP particularly deplored the detention of 32 bloggers and cyber-dissidents, especially the heavy sentences of Dieu Cay, Phan Thanh Hai and Ta Phong Tan, and the recent harassment of Buddhists youth leader Le Cong and writer Huynh Ngoc Tuan.
The resolution condemned “severe religious persecution” against Catholics as well as “non-recognized” religions such as the Unified Buddhist Church of Vietnam and the Protestant churches. It denounced the “criminalization of peaceful dissent” under Ordinance 44 and other vaguely-worded “national security” laws, the ill-treatment of political prisoners and state confiscation of lands. It called on Vietnam to release political prisoners and review the Draft Decree on Internet Management to ensure it conforms to international standards of freedom of expression. Noting that Vietnam was bidding for a seat on the United Nations Human Rights Council for 2014-2016 (which will be voted at the UN General Assembly in September), the EP expressed concern that Vietnam “had not implemented the recommendations” to improve human rights made by UN member states at its Universal Periodic Review in 2009. European Parliament resolution on Vietnam, in particular freedom of expression (2013/2599(RSP))
The European Parliament, – having regard to the Partnership and Cooperation Agreement between the EU and Vietnam signed on 27 June 2012 and to the EU-Vietnam human rights dialogue held twice a year between the EU and the government of Vietnam, – having regard to the International Covenant on Civil and Political Rights to which Vietnam acceded in 1982, – having regard to the Universal Periodic Review Outcome on Vietnam by the UN Human Rights Council of 24 September 2009, – having regard to report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression to the 14th Session of the Human Rights Council in April 2010,
– having regard to the Statement by the Spokesperson of EU High Representative Catherine Ashton on the sentencing of bloggers in Vietnam of 24 September 2012, – having regard to its resolution of 11 December 2012 on ‘a Digital Freedom Strategy in EU Foreign Policy’, – having regard to its previous resolutions on Vietnam, – having regard to Rules 122(5) and 110(4) of its Rules of Procedure,
A. whereas three prominent journalists – Nguyen Van Hai/Dieu Cay, Ta Phong Tan and Pan Thanh Hai – were sentenced to prison on 24 September 2012; whereas, following an appeal, their sentences were confirmed as 12, 10 and 3 years respectively, followed by several years of house arrest, for posting articles on the website of the Vietnamese Club of Free Journalists;
B. whereas, according to recent reports by international human rights organisations, 32 cyber dissidents have been handed heavy prison sentences or are awaiting trial in Vietnam; 14 pro-democracy activists have been sentenced to a total of over 100 years in prison for exercising their right to freedom of expression; a group of 22 peaceful environmental activists have been given prison terms ranging from 10 years to life imprisonment; a journalist working for the state-run press was fired after writing a post on his personal blog criticising the Secretary-General of the Communist Party; and cyber dissidents, including Le Cong Cau and Huynh Ngoc Tuan, are frequently harassed and assaulted by the police;
C. whereas several prisoners of conscience have been sentenced under vaguely worded ‘national security’ provisions that make no distinction between acts of violence and the peaceful expression of dissenting opinions or beliefs, such as ‘propaganda against the Socialist Republic of Vietnam’ (Article 88 of the Criminal Code), ‘activities aimed at overthrowing the people’s power’ (Article 79), ‘sowing divisions between religious and non-religious people’ (Article 87) and ‘abusing democratic freedoms to encroach on the interests of the state’ (Article 258); whereas Ordinance 44 of 2002 authorising detention without trial is increasingly used to detain dissidents; D. whereas bloggers and human rights defenders increasingly turn to the internet to voice their political opinions, expose corruption, and draw attention to land-grabbing and other official abuses of power;
E. whereas the Vietnamese authorities systematically suppress freedom of expression and peaceful assembly and persecute those who question government policies, expose cases of official corruption or call for alternatives to the one-party rule; F. whereas Vietnam is drafting the ‘Decree on the Management, Provision, Use of Internet Services and Information Content Online’, a new decree on internet management that would legalise content-filtering, censorship and sanctions by the government against vaguely defined ‘prohibited acts’ and which would oblige internet companies and providers, including foreign ones, to cooperate with the government in the surveillance and tracking of cyber dissidents; whereas digital freedoms are increasingly under threat;
G. whereas in 2009, during the UN Human Rights Council’s Universal Periodic Review (UPR) of Vietnam’s human rights record, Vietnam accepted a number of recommendations on freedom of expression, including the recommendation to ‘fully guarantee the right to receive, seek and impart information and ideas in compliance with article 19 of the International Covenant on Civil and Political Rights’; whereas Vietnam has still not implemented those recommendations; H. whereas land confiscation by government officials, use of excessive force in response to public protests over evictions, arbitrary arrests of activists and heavy sentences for protesters are ongoing, while the issues of land rights and land use are unclear;
I. whereas freedom of religion and belief is repressed and the Catholic Church and non-recognised religions, such as the Unified Buddhist Church of Vietnam, the Protestant churches and others continue to suffer from severe religious persecution; J. whereas Vietnam has started extensive public consultations with a view to drafting a new Constitution, but those who expressed their opinions have faced sanctions and pressure;
K. whereas Vietnam is bidding for a seat on the United Nations Human Rights Council for the 2014-2016 term; 1. Expresses its deep concern about the conviction and harsh sentencing of journalists and bloggers in Vietnam; condemns the continuing violations of human rights, including political intimidation, harassment, assaults, arbitrary arrests, heavy prison sentences and unfair trials, in Vietnam perpetrated against political activists, journalists, bloggers, dissidents and human rights defenders, both on- and offline, in clear violation of Vietnam’s international human rights obligations; 2. Urges the authorities to immediately and unconditionally release all bloggers, online journalists and human rights defenders; calls upon the government to cease all forms of repression against those who exercise their rights to freedom of expression, freedom of belief and freedom of assembly in accordance with international human rights standards; 3. Calls on the Vietnamese government to amend or repeal legislation that restricts the right to freedom of expression and freedom of the press in order to provide a forum for dialogue and democratic debate; calls also on the government to modify the draft ‘Decree on the Management, Provision, Use of Internet Services and Information Content Online’ to ensure that it protects the right to freedom of expression online;
4. Urges the Vietnamese government to cease forced evictions, to secure freedom of expression for those who denounce abuses on land issues, and to guarantee those who have been forcibly evicted access to legal remedies and adequate compensation in conformity with international standards and obligations under international human rights law; 5. Calls on the authorities to comply with Vietnam’s international obligations by putting an end to religious persecution and removing legal hindrances to independent religious organisations freely conducting peaceful religious activities, which entails the recognition of all religious communities, the free practice of religion and the restitution of assets arbitrarily seized by the state from the Unified Buddhist Church of Vietnam, the Catholic Church and any other religious community;
6. Expresses deep concern about the detention conditions of prisoners of conscience stemming from ill-treatment and lack of medical care; requests that the authorities guarantee their physical and psychological integrity, ensure unrestricted access to legal counsel and offer appropriate medical assistance to those in need; 7. Reiterates that the human rights dialogue between the EU and Vietnam should lead to concrete progress on human rights and democratisation; calls, in this respect, on the European Union to consistently raise concerns about human rights violations in Vietnam at the highest levels and to intensify pressure on the Vietnamese authorities to lift internet and blogging controls and prohibitions on privately owned media, allow groups and individuals to promote human rights and express their opinions and dissent publicly, take steps to abolish the death penalty, repeal or amend national security laws used to criminalise peaceful dissent, and release peaceful prisoners of conscience;
8. Reminds all parties that Article 1 of the Partnership and Cooperation Agreement (PCA) states that: ‘Respect for human rights and democratic principles is the basis for the cooperation between the Parties and for the provisions of this Agreement and it constitutes an essential element of the Agreement’; asks the High Representative to assess the compatibility of the Vietnamese government’s policies with the conditions included in the PCA; 9. Encourages Vietnam to move towards ratification of the Rome Statute of the International Criminal Court (ICC) and Convention against Torture (CAT); calls on the government to put in place an independent national human rights commission; 10. Requests that the ASEAN Intergovernmental Commission on Human Rights examine the situation concerning the state of human rights in Vietnam with a special focus on the freedom of expression, and that it make recommendations to the country;
11. Welcomes the fact that the Government of Vietnam has issued a call for public input into its first constitutional reform since 1992 and that the deadline has now been extended until September 2013, but regrets that the public consultation has led to sanctions and pressure against those who legitimately express their opinions; hopes that the new Constitution addresses the issues of civil and political rights and religious freedoms as a priority; welcomes in this respect the opening of a dialogue with human rights organisations; expresses its hope that this can lead to important reforms on labour, education and human rights over a longer term; recommends that an invitation be addressed to the UN Special Rapporteur on Freedom of Expression and Opinion to visit the country and that the authorities fully implement any recommendations;
12. Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments of the Member States, the government and parliament of Vietnam, the governments of ASEAN Member States, the United Nations High Commissioner for Human Rights and the Secretary-General of the United Nations.
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A statement by Asian jurists on the impeachment of the Chief Justice and the collapse of rule of law in Sri Lanka
Apr 12, 2013
Chief Justice, Dr. Shirani Bandaranayake
A statement by Asian Jurists on the Impeachment of the Chief Justice, Dr. Shirani Bandaranayake, and about the threatened rule of law in Sri Lanka. The statement is issued by the jurists who attended a consultation organised by the Lawyers' Collective of Sri Lanka and the Asian Human Rights Commission, on the Independence of Judges and Lawyers in Asia, held from 9-11 April 2013, in Bangkok, Thailand. Jurists from 12 Asian countries, Sri Lanka, India, Bangladesh, Burma, Pakistan, Nepal, Indonesia, Thailand, Philippines, Vietnam, South Korea and Hong Kong attended the meeting.
We are seriously alarmed by the rapid collapse of the rule of law in Sri Lanka and the loss of the core values of the separation of powers; the supremacy of law; the independence of judges, prosecutors and lawyers; and the diminishing possibilities of fair trial and of democracy, due to the extension of unbridled powers of the executive presidential system that has crippled all public institutions in Sri Lanka. The recent impeachment of the Chief Justice, Dr. Shirani Bandaranayake, without adhering to universally accepted norms relating to removal of a judge from a superior court, is glaring manifestation of the capacity and the will of the executive to crush the independence of the judiciary. The failure to afford a fair inquiry by an impartial body on the allegations levelled against the Chief Justice, clearly underlines the absence of bona fides on the part of the government. The removal of the Chief Justice is undeniably a political act, carried out to achieve political ambitions of the government, at the risk of seriously damaging the over 200-year-old institution in Sri Lanka, its judiciary. The damage done by this abrupt and ruthless assault on the independence of judiciary will have lasting impact upon the independence of the judges as well as on the rule of law in Sri Lanka.
The impeachment of the Chief Justice is followed by the appointment of, Mr. Mohan Peiris, a person whose close association with the president's family and businesses is quite well known. No universally accepted independent and transparent processes were adhered to in the appointment process. Peiris' past record as the Attorney General of Sri Lanka is tainted with serious allegations of political bias and lack of independence in office. While at the office of the Attorney General, Peiris failed to uphold the norms and standards upon which the tradition of the department of the Attorney General is built. Many of his decisions as the Attorney General had come under severe public criticism. Peiris represented the Government of Sri Lanka in international forums, only to throw the weight of his office to defend the appalling human rights record of Sri Lanka that came under repeated international criticism for years, due to manifold forms of serious abuses of human rights.
The crisis of the Sri Lankan judicial system as a whole, is the result of a prolonged constitutional crisis, beginning with the misconceived notion of the supremacy of the parliament as opposed to the supremacy of law. By way of constitutional changes through the 1978 Constitution, fundamental notions of the rule of law and democracy has been displaced in favour of the absolute and arbitrary power of the executive president. The president is above the law and is able to change any aspect of the constitution without public consultation, by mere manipulation of parliamentary majority. The Sri Lankan parliament under the present system is completely under the clutches of the executive president. The parliament has ceased to become a forum, where the legislature is subject to parliamentary debate, and instead has become a place where presidential directives are thumb printed. In the same manner, the 'absolute power model' enshrined in the constitution undermines judicial independence. Sri Lanka has constitutionally rejected the rule of law and democracy. Therefore, there is a fundamental constitutional crisis of legitimacy in the country that has crippled the very structure of the state and that of governance. This situation is incompatible with the fundamental notions of democracy and the core values enshrined in the Latimer House Principles of the Commonwealth.
The crisis of democracy and that of the rule of law, adversely affects all the rights of the citizens. The courts are no longer in a position to protect the dignity and the rights of the individual. The courts are placed in conditions at which they are compelled to defend the state at whatever risk of repression that may be caused to the rights of individuals, including the property rights of the citizens. The crisis of the rule of law has understandably led to a paralysis of the criminal justice system in Sri Lanka. The Sri Lankan policing system is highly politicised and therefore is failing to be an effective mechanism for investigation and prevention of crime. Across the country, there are large numbers of complaints regarding the failure of the police to investigate even serious crimes. The loss of protection for property and person from crimes is one of the major problems facing the citizens of Sri Lanka today.
Among the crimes that are never investigated includes serious human rights abuses. Enforced disappearances, extra judicial executions, torture and illtreatment, crimes relating to personal integrity as well as those involving private and public property are neglected and a culture of impunity is prevailing. Attacks on judges and lawyers and upon the media are not investigated. The government is not embarrassed to face criticism relating to encouragement of impunity in the country. The government is in fact making all efforts to create the false impression that no amount of pressure will lead to any from of credible investigations into human rights abuses in Sri Lanka. Under these conditions, the role played by the judiciary is been diminished along with serious negations of the professional freedom of lawyers to undertake their job. Lawyers who approach their profession seriously and pursue the interest of their clients according to the law and insist on redress for the grievances of their clients are exposed to serious dangers.
The following is a non-exhaustive list of concerns, lawyers face in Sri Lanka. They include: threat of disenrollment; of contempt of court actions; attempted abduction; absence of investigations on complaints; fabricated criminal charges; arrest and custodial torture; close surveillance by state agencies by breaching privacy and privilege of communications (the names of 135 lawyers in Sri Lanka has been referred by the executive to the National Intelligence Bureau and the State Intelligence Service); lawyers who are employed in state as well as private sectors restricted from exercising professional freedom; organised vilification campaigns by state and non-state actors; intimidation of judges by transferring them repeatedly or promoting judges tainted with corruption overlooking seniority. Lawyers who dare to challenge this smothering of professional freedom risk the loss of practice and income. Challenging the stifling of independence of judges and lawyers in Sri Lanka, we express our solidarity to the people of Sri Lanka, upon whom the task has fallen, to struggle to protect the rule of law and democracy in Sri Lanka. It is in the struggle of the people of Sri Lanka that the future of their liberty entirely rests.
Under these circumstances, the denial of active support to the people of Sri Lanka would amount to complacence on the part of the international community. We call upon the international community, including the United Nations, to act on the basis of their obligation under international law, to extend active solidarity to the people of Sri Lanka. It is the duty of the United Nations to act within their mandate and in terms of the recently passed resolution on Sri Lanka concerning reconciliation and accountability, to act firmly, so as not to allow the present crisis to degenerate further. It is also the duty of all the member states to support the United Nations in this endeavour.
In this context, we endorse the call by the International Bar Association to the Commonwealth to: "… assess the seriousness of the situation with which the Sri Lankan authorities take the recommendations, monitor the urgency with which they are acted upon, and consider with great care:
(i) whether they are respecting its core values and principle, including the respect for separation of powers, the rule of law, good governance and human rights enshrined in its Charter; (ii) whether the Commonwealth's reputation would be more enhanced or tarnished if Sri Lanka were to host the forthcoming Commonwealth Heads of Government Meeting and act as its Chair-in-Office for the next two years."
Bangkok, 12 April 2013
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4th day of the Indefinite Fast by Medha Patkar at Golibar, Mumbai Against Corrupt Buildershahi and Continuing Illegal Demolitions
Medha Patkar(C)
Incidents of Building Collapse Like Mumbra are Results of Corporate – Builder – Bureaucrat Nexus... April 4, Mumbai : “Incidents like Mumbra building collapse are result of Mumbai's infamous builder-politician-bureaucrat which allows the illegality and construction of these kinds of structure. Adarsh Housing Society is another such glaring illegality which even after Union government's direction stands tall on Mumbai's coast. Government is brazenly violating all norms and putting life of people at risk. There is complete lawlessness, law is violated for rich, and in the name of implementation of laws legal bastis of poor in Golibar, Chandivali, Koliwada and others in Mumbai are demolished by Municipal Corporation. In Golibar, even when Union Minister Ajay Maken, Housing and Urban Poverty Alleviation, recognised the illegality and ordered for halting demolitions, Maharashtra government demolished Ganesh Krupa Housing Society. Where is the law ? Why these homes of working class people are demolished when an enquiry is ongoing by the Principal Secretary, Housing, Government of Maharashtra. Against this injustice and complete illegality, I am forced to sit on indefinite hunger strike in less than two years at the same place in Golibar, Mumbai demanding justice,” said, Medha Patkar, leader of National Alliance of People's Movements, to which Ghar Bachao Banao Andolan is affiliated and is leading the struggle for housing rights of basti dwellers in Mumbai.
She added that politically motivated campaigns are being run against her struggle for justice and false news is being spread by her rivals elsewhere. My non-appearance from some court cases and campaigns are used against me and the Andolan. They are done with a motive to malign the agenda of the struggle and our andolan. Our struggle against injustices will continue everywhere be it in Chennai where 2 lakh homes are to be demolished under slum redevelopment schemes, where our colleagues from NAPM and communities are fighting for their housing rights.
Golibar, the prime land of 125 acres has become a battleground for 70 + old households, women and men, who are fighting a valiant battle for the last 5 years, tooth and nail. Through Ghar Bachao Ghar Banao Andolan, they have exposed the forgery and fraud in documents of Shivalik ventures, whom the community never gave consent to as ‘builders’. Shivalik has cheated many of these 46 societies, by manipulating documents, decisions and sanctions, through its political connections. Orders against Shivalik in many criminal and civil cases have not resulted in their arrest. However, some order of 2010 is being used against the slum dwellers of Golibar, to demolish their well built houses and evict them with brutal police force.
Basti dwellers from Golibar and other sites in Mumbai are sitting everyday in relay hunger strike with Medha Patkar and also meeting different officials and Ministers during the day. It is extremely unfortunate that government is not making any effort to address their genuine grievances when the examination of the children are ongoing. It is completly inhuman that the children are forced to study and live in distress when their exams are taking place. Earlier in 2011 when the demolitions had happened at the same time, many of the children either failed or could never go back to the school. We demand that National Commission for Protection of Child Rights takes up immediate cognisance of these attrocities. Meanwhile, many people have moved National Human Rights Commission, demanding them to take immediate action too. Our Key concerns and demands are :-
Slum Rehabilitation Authority Scheme projects in Mumbai are full of flaws, frauds and corruption leading to atrocities against the slum dwellers. Thousands are made shelterless and sent on rent which is discontinued and others decay in transit camps for years. The land rights and co-operative societies related processes and documents are also found to be violating the law and forgery related cases are also filed but it takes years to get an FIR lodged and it goes through years for investigation.
Maharashtra Government had agreed, after a ten day long agitation in first week of January 2013, to get at least 6 projects investigated through the Principal Secretary, Housing Mr. Debashish Chakravarty. That enquiry began in February and open presentations were made on 7th – 8th February, 2013. Builders – Developers / their representatives were also present in most of the cases and some made submissions too. However, even before the enquiry report is finalized and received by CM's office and us, there is continuous eviction taking place with police force, destroying decades old houses and vcausing irreversible damage, without resolving the issues. This is extremely unjust. Arrests, false cases and everything happened in the month of March in Golibar and Chandivali, as in other slums.
Even where there are courts’ orders, some or the other directions by the Court are not complied with and yet the eviction is taking place, with brutality. Moreover, in case of Ganesh Krupa, Golibar it is clear that transit camps are not provided within 300 mts as promised and upheld by the Court. The Transit camps are in totally uninhabitable condition as per the letter given by the CEO, SRA in December, 2012 for some other society in Golibar, who were also offered transit in the same buildings.
There is a criminal case filed and enquiry is on in the case of Ganesh Krupa Society, Golibar with documents which indicates that there was no consent by 70% people and the General Body Meeting documents are fraudulent. Similar complaints are lodged by some other societies too. The Joint Commissioner, Mr. Datyeji inspected the documents few days back and directed the officials to re-investigate the matter thoroughly. None of the societies and dwellers in Golibar have received any document confirming that they will get a permanent accommodation in what time limit, of what area and where (in situ rehabilitation is to be ensured as per the SRA scheme, as also the Court’s orders) and hence people want house on their own land. Also, in none of these, people have received any documents. The files in SRA show the agreements between the slum dwellers and some other contractors which they had engaged earlier, but not with Shivalik ventures.
In the case of Golibar, permanent rehabilitation buildings are on the lands of the Defence Ministry’s and Railways. Defence Ministry’s case is pending before the City Civil Court, Dindoshi as directed by HC. Railways have taken an undertaking that those buildings will be demolished, as and when land is required by Railways. How can the dwellers permit their fate to be hung in such circumstances?
Out of 26,000 families, as slum dwelling families in Golibar, according to the developer, 10,000 families have vacated, while the CEO, SRA and officials claim that permission is granted only for 5,500 families as slum dwellers to be rehabilitated. This gross discrepancy is not yet settled. Whatever, the total number, it is also a ground reality that only 900 families are shifted in the permanent rehab buildings that too on the land of the Defence of Railway Ministry. Not more than 1500 families are in the transit camps. Where are the others? Obviously thousands of families are on rent, shifted out with direct or indirect force but not yet settled anywhere. It is also known from the ground survey that at least 20,000 sq. kms land is vacant and available for the developer and yet forcible eviction is imposed on the people. Thomas Kocherry, thomasksa@gmail.com, www.thomaskocherry.com, +919360645772
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Government Takes no Action Against Proved Illegality by Shivalik Builders
Apr 2, 2013
The bulldozer demolishing houses
Ignoring a stern letter from Shri Ajay Maken, Union Minister for Housing and Urban Poverty Alleviation, to Shri Prithviraj Chavan, CM Maharashtra, demolitions in presence of more than 500 policemen and women continued. Nearly 43 houses have been demolished till now by a 200 demolition squad, with active assistance from Shivalik builders bouncers and men, and Kiran Jadhav & Sharad Jhadav, Directors in company personally supervising the same. Houses of Ganesh Krupa Co-operative Housing Society were demolished even though an investigation has been going on against the builders for forging signatures of residents to show their consent for slum redevelopment.
Hundreds of letters asking the Chief Minister to stop demolition has been received too but perhaps pressure from the Builders is too much for Mr. Chief Minister to handle. He has said he will do something, but then why is he not stopping the bulldozers ? Earlier Ghar Bachao Ghar Banao Andolan – GBGB wrote to Chief Minister once again asserting the following :
Slum Rehabilitation Authority Scheme projects in Mumbai are full of flaws, frauds and corruption leading to atrocities against the slum dwellers. Thousands are made shelterless and sent on rent which is discontinued and others decay in transit camps for years. The land rights and co-operative societies related processes and documents are also found to be violating the law and forgery related cases are also filed but it takes years to get an FIR lodged and it goes through years for investigation.
Maharashtra Government had agreed, after a ten day long agitation in first week of January 2013, to get at least 6 projects investigated through the Principal Secretary, Housing Mr. Debashish Chakravarty. That enquiry began in February and open presentations were made on 7th – 8th February, 2013. Builders – Developers / their representatives were also present in most of the cases and some made submissions too. However, even before the enquiry report is finalized and received by CM's office and us, there is continuous eviction taking place with police force, destroying decades old houses and vcausing irreversible damage, without resolving the issues. This is extremely unjust. Arrests, false cases and everything happened in the month of March in Golibar and Chandivali, as in other slums.
Even where there are courts’ orders, some or the other directions by the Court are not complied with and yet the eviction is taking place, with brutality. Moreover, in case of Ganesh Krupa, Golibar it is clear that transit camps are not provided within 300 mts as promised and upheld by the Court. The Transit camps are in totally uninhabitable condition as per the letter given by the CEO, SRA in December, 2012 for some other society in Golibar, who were also offered transit in the same buildings.
There is a criminal case filed and enquiry is on in the case of Ganesh Krupa Society, Golibar with documents which indicates that there was no consent by 70% people and the General Body Meeting documents are fraudulent. Similar complaints are lodged by some other societies too. The Joint Commissioner, Mr. Datyeji inspected the documents few days back and directed the officials to re-investigate the matter thoroughly.
None of the societies and dwellers in Golibar have received any document confirming that they will get a permanent accommodation in what time limit, of what area and where (in situ rehabilitation is to be ensured as per the SRA scheme, as also the Court’s orders) and hence people want house on their own land. Also, in none of these, people have received any documents. The files in SRA show the agreements between the slum dwellers and some other contractors which they had engaged earlier, but not with Shivalik ventures.
In the case of Golibar, permanent rehabilitation buildings are on the lands of the Defence Ministry’s and Railways. Defence Ministry’s case is pending before the City Civil Court, Dindoshi as directed by HC. Railways have taken an undertaking that those buildings will be demolished, as and when land is required by Railways. How can the dwellers permit their fate to be hung in such circumstances.
Out of 26,000 families, as slum dwelling families in Golibar, according to the developer, 10,000 families have vacated, while the CEO, SRA and officials claim that permission is granted only for 5,500 families as slum dwellers to be rehabilitated. This gross discrepancy is not yet settled. Whatever, the total number, it is also a ground reality that only 900 families are shifted in the permanent rehab buildings that too on the land of the Defence of Railway Ministry. Not more than 1500 families are in the transit camps. Where are the others? Obviously thousands of families are on rent, shifted out with direct or indirect force but not yet settled anywhere. It is also known from the ground survey that at least 20,000 sq. kms land is vacant and available for the developer and yet forcible eviction is imposed on the people.
Demolishing 70 to 100 years old houses in Golibar is criminal and in complete disregard of law of the land. NAPM strongly condemns such action and vows to continue its fight. You can break few more houses but can't break the resolve of the people to fight for dignified living and shelter. We urge every conscientious individual to join and support our struggle for a dignified living. Continue writing, protesting and shaming those in power, why are the afraid of their own enquiry report by the Principal Secretary, Housing. Let the truth come out, until then stop playing with the lives of citizens of this country.
Medha Patkar, Prerna Gaekwad, Simpreet Singh, Sumit Wajale, Sandeep Yevale, Jameel Bhai... For details call : 9699918964 / 09423965153
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Appeal from Jail Stand in Solidarity with us for Justice - MARUTI SUZUKI WORKERS UNION
Mar 28, 2013
Maruti Suzuki workers in Jail
We are workers of Maruti Suzuki, who are behind bars since 18.07.2012 as part of a conspiracy, and without any just investigation. 147 of us are inside Gurgaon Central Jail. Since July, 2500 permanent and contract workers have been terminated from our jobs. In these past more than 8 months, we have sent our appeal to almost all administrative officials and elected representatives, including Chief Minister Haryana and the Prime Minister of India. But neither have our appeals been heard nor have we been granted bail.
The Chargesheet filed by the Haryana police in the Court has no names of any witnesses, and hence is incomplete. This is only a glimpse of the continuous attack on our democratic rights on arbitrary grounds, and we see how law is bent towards siding with company owners. Many of our fellow workers are without parents or guardians, and have been shouldering the entire burden of the household. Many workers’ wives were pregnant when we were put behind bars. And even when the time of their delivery came, the workers were not granted bail, or even parole custody. We do not know under what circumstances their deliveries took place. We give a few instances:
1. One of our fellow workers, Sumit s/o Late Shri Chattar Singh, has no one in the family except his wife. Even then, when she gave delivery on 6.12.2012 in a hospital in Gurgaon, the bail plea or parole custody plea of Sumit was rejected. 2. One of our fellow workers, Vijendra s/o Dalel Singh was the lone earning member in his family. His mother stays sick at most times and was not able to accompany or help her daughter-in-law when she gave her delivery on 10.01.2013 in a hospital in Jhajjhar. Even then, Vijendra was neither granted bail nor let off on parole.
3. In the case of one of our fellow workers, Ramvilas s/o Late Shri Silak Ram, his grandmother, who fell sick after Ramvilas was put behind the bars as he was too affectionate to her, passed away on 26.02.2013. Ramvilas was not even let off on parole to meet his grandmother on her death-bed or to attend the funeral. After few days when it was the time of his wife’s delivery, his request for bail or parole custody was turned down. It caused a mental shock to him.
4. One of our fellow workers, Prempal, s/o Shri Chhiddilal, had the responsibility to look after his family alone, as his family’s livelihood depended entirely depended on his earnings. When he was thrown into jail arbitrarily, his two years old daughter mourning her father’s absence, fell sick and breathed her last. This wound was yet to heal, when Prempal’s mother aggrieved by the imprisonment of her son and the death of her granddaughter fell sick and passed away. But even after this, Prempal’s meager one-week parole leave permission was rejected and he was allowed only a one-hour parole visit on the next day of his grandmother’s funeral. His wife, now alone in the house and mourning the death of her daughter and Prempal’s mother, fell sick and had to be hospitalized. She is still unwell and there is no one to look after her. It has caused terrible mental agony for Prempal. 5. One of our fellow workers, Rahul, s/o Shri Vinod Ratan, was the only son of his parents, along with a sister. His sister got married on 16.11.2012. But he was not even granted parole custody to attend the ceremony for kanyadan. The marriage of the sole daughter took place in an environment of sadness, and Rahul is yet to recover from this wound.
6. One of our fellow workers, Subhash, s/o Shri Lal Chand, was very close to his grandmother. After his imprisonment, his grandmother almost stopped taking food and all the time used to think of his grandson, and passed away in grief some days later. But Subhash was not allowed even to attend her funeral on parole custody. These and many other incidents that go on daily in our lives are enough to fill up the pages of an entire book.
About ourselves: our identity, family and work We all are children of workers and peasants. Our parents, with huge effort and sacrifice, ensured our 10th standard, 12th standard or ITI education, helped us stand on our feet to do something worthy in our life and help our family in need. We all joined Maruti Suzuki company after passing the written and viva-voce tests conducted by the company and on the terms and conditions set by the company. Before our joining, the company carried out all kinds of investigations, like police verification of our residential proof or whether we had criminal records! Neither of us had any previous criminal record.
When we joined the company, the Manesar plant of the company was under construction. At that stage we foreseeing our future with the progress of the plant invested huge energy and diligence to lift the Manesar plant of the company to a new height. When the entire world was struggling under the economic crisis, we worked extra two hours daily to materialize a production of 10.5 lakh cars in a year. We were the sole creators of the increasing profit of the company, and today we are implicated as criminals and murderers, and those who engage in ‘mindless arson’!
Almost all of us are from poor worker or peasant families which has been dependent on our job. We were struggling to weave dreams for our and our family’s future, such as of our own homes, of the better education for our brothers-sisters and children so that they could have a bright future and ensure a comfortable life for their parents who took the pain to bring after them.
But in return, we were being exploited inside the company in all possible ways, such as: 1. At work, if any worker was unwell, he was not allowed to go to the dispensary and was forced to continue with the work in that condition. 2. We were not allowed to go to the toilet, the permission was there only at tea or lunch time. 3. Management used to behave with the workers very rudely with abusive language, and used to even slap or make them murga in order to punish them. 4. If a worker was forced to take 3-4 days leave because of his ill health or some accident or other serious problem in his family or because of the death of a relative, then half of his salary which amounted to almost Rs. 9000 used to be deducted by the company.
Because of this continuous exploitation, the workers felt the need of forming a Union. Maruti Suzuki company was against the idea of a union, and because of that, three strikes of the workers took place in 2011. After the third strike, thirty fellow workers of ours were forced to resign as they had participated in the strikes. But at last in February 2012 we were successful in registering our Union, in which the then HR Manager, Late Shri Awanish Kumar Dev, helped us. The company was angry with Mr. Dev because of his helpful attitude towards us and as a result, Mr. Dev resigned from the company. But the company did not accept the resignation of him as they were afraid that their misdeeds could get exposed. To crush the union and to remove Mr. Dev from its way, the company with a previously chalked out plan called the bouncers and hooligans in the factory premises on 18th July 2012 and materialized the ‘accident’.
The present situation of the workers inside the Jail We, 147 workers in total, were thrown behind the bars without any just enquiry, and we are now here for more than 8 months. We are under severe psychological stress inside the jail. Many of us are suffering from diseases like tuberculosis, piles, mental imbalance and several other diseases.
Almost all of us were earning members in our family and we are in jail now. Due to this our families are approaching the situation of dying of hunger. The education of the female members of the family and the children have stopped, which are otherwise their fundamental rights. The future of ours and our families has plunged into darkness. All the members of our families are mentally too disturbed. We are afraid lest they not take any wrong step because of the mental pressure.
The present situation of the terminated workers outside the jail Apart from putting 147 workers behind the bars, the company terminated the service of almost 2500 regular and contract workers without any domestic enquiry and these workers are unemployed now. The condition of their families is also very serious. The situation is that they don’t have any proof of work experience, their career is doomed and whoever of them comes forward in our support, he is arrested and jailed immediately (the arrest of Imaan Khan, who was a member of Provisional Working Committee of MSWU and whose name was not there in the FIR, Charge-sheet or SIT report; also the names of 65 workers are under non-bailable arrest warrants). None of the jailed workers or the terminated workers outside have any occupation to sustain the livelihood of people dependent on them and it is putting everyone under mental pressure. Still, against all these odds, the struggle for justice of our fellow workers outside is giving us hope and energy behind the bars. In this struggle that has gone outside the factory in society now for more than 8 months, news of the solidarity that we have received from various parts of the country from workers, toilers and common people has continued to give us hope, and enthused our spirits.
There is no door of any elected representative that we have not knocked in the space of these 8 months. We’ve taken our appeal for justice from the State Industries minister to the Chief Minister, but the government is bent backwards in trying to take side with the company management and owners rather than listen to us workers. We appeal to the government for the last time, that before we are forced into a situation of committing suicide or killing others, we are given justice which is due to us. We hope to have your solidarity and your opinion. Maruti Suzuki Workers Union
(The entire Union body of MSWU is behind the bars of Gurgaon Central Jail, where a total of 147 workers continue to languish without any justice, or even bail. This letter of appeal has been sent from there.)
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Jan-Mar 2013
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Jan-Mar 2011, 2010, 2009, 2008
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