Hong Kong: Giggs sentencing highlights authorities’ expanding armoury in crackdown on critics 

Responding to the prison sentence of two years and eight months handed to Hong Kong online radio DJ and political commentator Edmund Wan, better known as “Giggs”, after his conviction for sedition and money laundering, Amnesty International’s China Campaigner Gwen Lee said: 

“With this reprehensible jailing of a DJ who dared to speak his mind and finance young protestors’ education, the Hong Kong authorities appear to be expanding the range of tools they use to target people whose views and actions they object to.  

“In addition to becoming the latest government critic imprisoned on a colonial-era ‘sedition’ charge, Edmund Wan has also been convicted of money laundering despite the prosecution providing scant evidence against him. 

“Activists in Hong Kong no longer only fear the draconian National Security Law; increasingly, they are also being targeted with a range of other charges that can be abused to punish them. 

“Deprived of a jury and facing a curtailed legal aid system – within a judicial system increasingly tilting against the accused in ‘national security’ cases – Edmund Wan’s ability to defend himself has been severely compromised – just as it is for Hong Kong’s many other activists.  

“Wan was an outspoken critic of the government on his radio shows and helped set up an education fund for youths who had fled Hong Kong for Taiwan. Today he has been sentenced in connection with both these things.  

“Given the Hong Kong government’s zero-tolerance approach to dissent since 2019, it is difficult to believe that his imprisonment is anything other than politically motivated. The authorities must release Edmund Wan and drop all charges against him unless they demonstrate sufficient credible and admissible evidence that he has committed a criminal offence.”  

Background 

Edmund Wan, or “Giggs”, was today sentenced to two years and eight months on charges of seditious intention and money laundering. 

Prior to his arrest, Wan was the host of four shows on an independent online radio station in Hong Kong. He was often critical of the Hong Kong and Chinese central authorities. 

In February 2020, he started a fundraiser for sponsoring the education of a group of Hong Kong youths who had fled for Taiwan as the Hong Kong government arrested tens of thousands of young people who took part in the city’s 2019 mass protests.  

On 21 November 2020, Wan was arrested under the Hong Kong National Security Law. On 8 February 2021, Wan was instead officially charged with four counts of “acts with a seditious intention” under colonial era sedition laws. He was then charged on 10 May 2021 with an additional five counts of money-laundering and one count of “conspiring to commit an act with a seditious intention”. The “seditious intention” charges concerned his criticism of the Hong Kong Chief Executive and the Chinese Communist Party on his online radio shows and posts. He has been detained for over 18 months. 

In May 2022, the prosecution reached a plea deal with Wan, under which six of the 10 charges he was facing would not be prosecuted now, but kept on file if he pleaded guilty to the remaining charges and agreed to the prosecution’s application to confiscate the proceeds of his crowdfunding project.  

Since 2020, the Hong Kong government has been using colonial-era sedition charges to stamp out dissent. People charged with sedition have faced some of the same draconian measures as those targeted under the National Security Law, which came into force on 30 June 2020.  

In July this year, the United Nations Human Rights Committee expressed concern about the Hong Kong government’s use of colonial-era sedition charges to target people for exercising their right to freedom of expression. It called for the repeal of sedition offences and to end their use to suppress criticism or dissent. 

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China: Xinjiang vote failure betrays core mission of UN Human Rights Council

Responding to the United Nations Human Rights Council’s rejection – by 19 votes to 17 with 11 abstentions – of a draft decision to hold a debate on China’s Xinjiang region, Amnesty International’s Secretary General Agnes Callamard said:

“Today’s vote protects the perpetrators of human rights violations rather than the victims – a dismaying result that puts the UN’s main human rights body in the farcical position of ignoring the findings of the UN’s own human rights office.

“The recent report on Xinjiang by the UN’s High Commissioner for Human Rights was an important step forward in addressing crimes against humanity and other serious human rights violations committed by the Chinese government in Xinjiang, yet today the UN has taken two steps back.

“For Council member states to vote against even discussing a situation where the UN itself says crimes against humanity may have occurred makes a mockery of everything the Human Rights Council is supposed to stand for.

“Member states’ silence – or worse, blocking of debate – in the face of the atrocities committed by the Chinese government further sullies the reputation of the Human Rights Council. Political and economic interests should not trump serious human rights concerns, and no state should be shielded from scrutiny at the Human Right Council.

“The UN Human Rights Council has today failed the test to uphold its core mission, which is to protect the victims of human rights violations everywhere, including in places such as Xinjiang.

“Despite the deeply disappointing result of this vote, the fight for justice and truth for those victims and their families continues. The decision was rejected by a slim margin and it is critical for UN Human Rights Council member states to revisit this vote and continue efforts to highlight the human rights situation in Xinjiang at the earliest.

“Amnesty International will continue to demand accountability even when multiple governments fail to, and we look forward to continued scrutiny of the situation by UN experts as well as the Office of the High Commissioner for Human Rights.”  

Background

Despite the findings of the UN Office of the High Commissioner for Human Rights (OHCHR) in August that crimes against humanity may have occurred in China’s Xinjiang Uyghur Autonomous Region, UN Human Rights Council (UNHRC) member states today voted against adopting a decision to discuss the human rights situation in Xinjiang (17 votes for, 19 votes against, 11 abstentions). The debate would have taken place at the UNHRC’s next regular session in March 2023.

The OHCHR report documented patterns of torture or other ill-treatment as well as incidents of sexual and gender-based violence, among a catalogue of human rights violations, finding that the “extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups … may constitute … crimes against humanity.”

Since 2017, there has been extensive documentation of China’s crackdown against Uyghurs, Kazakhs and other predominantly Muslim ethnic minorities in Xinjiang, carried out under the guise of fighting terrorism. In 2021, a comprehensive  report by Amnesty International demonstrated that the systematic state-organized mass imprisonment, torture and persecution perpetrated by Chinese authorities amounted to crimes against humanity. 

Amnesty International’s Free Xinjiang Detainees campaign has, to date, profiled 126 individuals who are among the perhaps one million or more people in arbitrary detention in internment camps and prisons in Xinjiang.  

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Myanmar: Puma Energy to leave amid scrutiny of aviation fuel supplies

Responding to Puma Energy’s decision to withdraw from Myanmar nearly two years after a military coup in early 2021, Amnesty International’s Business and Human Rights Researcher Montse Ferrer said:

“Amnesty International acknowledges Puma Energy’s decision to leave the country, which comes after a long campaign by civil society groups including Burma Campaign UK and Justice For Myanmar, who among others have placed vital scrutiny on aviation fuel supplies that may end up in the hands of Myanmar’s military.

“The announcement also comes one month after researchers from Amnesty International met with Puma company representatives to present findings from a forthcoming report on the supply of aviation fuel to the Myanmar military, with research supported by Justice For Myanmar.

“Puma Energy must ensure a safe and responsible disengagement now that it is leaving the country, including by providing a transparent and clear roadmap of its plans and preventing the military from accessing its aviation fuel infrastructure. Any valuable assets Puma Energy leaves behind should not fall into the hands of the military or its crony businesses. 

“Puma Energy must also explore ways to remedy any harm it may have contributed to while operating in Myanmar.”

Background

Puma Energy said in a statement on 5 October that it was exiting the country and selling its stake in Puma Energy Asia Sun (PEAS) and minority share in National Energy Puma Aviation Services (NEPAS) to a “locally owned private company”.

Through PEAS and NEPAS, Puma Energy has been the main supplier of aviation fuel to the country since it commenced operations in 2015.

Several civil society organizations as well as Myanmar’s National Unity Government have called for aviation fuel supplies to the military to be restricted or outright banned.

Shortly after the 1 February 2021 coup, Puma Energy said it was suspending its operations in Myanmar. It subsequently resumed operations but, according to the company, only for civilian purposes.

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Cuba: Tactics of repression must not be repeated

Following a new wave of island-wide protests in Cuba over the past several days, there are worrying indicators that the authorities are repeating the repressive tactics they used for decades and also during the crackdown on protesters on 11 July last year, said Amnesty International today.

“In the latest wave of protests that have lasted several days, Cubans are exercising their simple but historically repressed rights to freedom of expression and assembly. Alarmingly, it seems the authorities are repeating the tactics of repression they used last year to detain and silence protesters, hundreds of whom remain in prison,” said Erika Guevara-Rosas, Americas director at Amnesty International.

“The international community must condemn the cycles of repression we are seeing in Cuba in the strongest possible terms. It is unacceptable for authorities to keep intimidating, threatening, detaining, stigmatizing, and attempting to silence anyone who demands necessities like electricity, food, and freedom.”

Since the start of protests in late September, Amnesty International has received reports of on-going internet interference, deployment of police and military, including cadets, to repress the protests, and arbitrary detentions.

Starting on the evening of 29 September, the Cuban authorities appear to have intentionally shut down internet access throughout the country. The internet outage lasted for at least two consecutive nights.

Cuban authorities control the country’s only telecommunication network and have often restricted internet access during politically sensitive times or moments of protests.

Alarmingly, it seems the authorities are repeating the tactics of repression they used last year to detain and silence protesters, hundreds of whom remain in prison.

Erika Guevara-Rosas, Americas director at Amnesty International

Amnesty International has heard that the latest internet outages have made it hard for families to communicate following the passage of hurricane Ian, at a time when many people have had their homes damaged. They have also impacted the ability of independent human rights observers, including Amnesty International, and independent journalists to document the human rights situation in the country. Journalist Luz Escobar told Amnesty International that her internet was cut three nights in a row, impacting her ability to work, and that as of 4 October, several other journalists working at her independent online newspaper, 14 y medio, were without internet.

Amnesty International’s Crisis Evidence Lab has also analysed several videos that did not appear online before these protests. One video which Amnesty International analysed was filmed on Street 41, at the corner of 66 in Havana, Cuba, and appears to show the deployment of plain-clothed military cadets, armed with baseball bats, chanting pro-government slogans, including “I am Fidel.”

Another video, which also first appeared online in the context of the protests, and which is consistent with other videos Amnesty International has verified from the protests, appears to also show cadets with baseball bats chasing and then detaining protesters.

The Cuban authorities have developed a sophisticated machinery for controlling any form of dissent and protest, as previously documented by Amnesty International. While state security officials often carry out surveillance and arbitrary detentions of critics, the Committee for the Defence of the Revolution (local members of the Communist Party who collaborate with state officials and law enforcement agencies) also provide the state with information about, what is considered,  “counter-revolutionary activity.” “Acts of repudiation” – demonstrations led by government supporters with the alleged participation of state security officials – are also commonplace and aimed at harassing and intimidating government critics.

While communication with Cuba remains stunted due to internet interference, Justicia J11, a group established following the crackdown on protesters in July 2021 – has reported 26 detentions since 30 September, mostly of young people and artists, 19 of whom they reported remained in detention as of 4 October 2022.

Cuban authorities criminalized nearly all those who participated in the protests in July 2021, including some children, but flatly denied any human rights violations, and placed the blame for the economic situation almost exclusively on the US economic embargo. Similarly, on 2 October 2022, President Díaz-Canel downplayed the widespread nature of the latest protests and suggested that a minority of “counter-revolutionaries” with connections outside Cuba, had carried out “acts of vandalism such as blocking roads or throwing rocks” and would be dealt with with the “force of the law.”

Background

Following the passage of hurricane Ian, the electricity has been cut in multiple parts of the island, adding to the frequent electricity outages in recent months. NASA night-time light data showed a significant decrease in lights between 23 September, before the passing of Ian, and after, on 30 September.

Electricity outages have exacerbated violations of economic and social rights in the country, as in recent months Cubans have had to line up for many hours to buy food and other necessities, in the context of widespread food shortages.

The recent protests have occurred just 14 months after the similar widespread protests on 11 July 2021, which were followed by a crackdown on dissent. Hundreds remain imprisoned for the 11 July protests, including three prisoners of conscience: artists Luis Manuel Otero Alcántara and Maykel Castillo Pérez, as well as leader of the non-official opposition, José Daniel Ferrer García. Other prisoners of conscience named by Amnesty International at the time were released on the condition of going into exile.

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Sri Lanka: Human rights compliant recovery measures critical to stop spiraling hunger and poverty 


Sri Lanka: Human rights compliant recovery measures critical to stop spiraling hunger and poverty

The Sri Lankan authorities and the international community must fully incorporate human rights into their responses to the country’s economic crisis, Amnesty International said in a new report today, as people in the country face serious concerns around access to healthcare while being driven to the brink of starvation, widespread malnutrition, and deep poverty.

The report, “We are near total breakdown”: Protecting the rights to health, food and social security in Sri Lanka’s economic crisis, explores the catastrophic impact of the crisis on the economic and social rights for the people of Sri Lanka.

“For months now, the people of Sri Lanka have been suffering from severe shortages of food and have struggled to access healthcare, while sky-high inflation has exacerbated already existing patterns of inequality. The Sri Lankan authorities and the international community must act quickly to mitigate the widespread human rights cost of the crisis, which has cruelly stripped away people’s access to their rights,” said Sanhita Ambast, Amnesty International’s Researcher on Economic, Social and Cultural Rights.

The report details the recovery measures that Sri Lanka’s leaders and the international community must put in place to safeguard human rights in their responses to the situation, such as increasing the amount of international assistance, ensuring comprehensive social protection, and considering all options for debt relief, including debt cancellation.

Between June and September 2022, Amnesty International conducted interviews with 55 people across a broad spectrum of society: people in precarious employment; daily wage workers; those working in the fisheries sector and plantations; people from the Malaiyaha Tamil community, who are likely to be particularly impacted; public health workers; staff members from civil society groups, humanitarian organizations and international NGOs and individual experts.

The Sri Lankan authorities and the international community must act quickly to mitigate the widespread human rights cost of the crisis, which has cruelly stripped away people’s access to their rights.

Sanhita Ambast, Amnesty International’s Researcher on Economic, Social and Cultural Rights

Food inflation has gone up to 90.9% in Sri Lanka

as of July 2022, according to World Food Programme

NurPhoto via Getty Images

Increase in retail prices in one year

According to economic indicators published by the Central bank of Sri Lanka for July 2022

Eggs
124.1%
Dal/Lentil
183.9%
Potatoes
125.3%
Sugar
151.1%

‘If we have fever, we are not able to see a doctor’

Life-threatening shortages of medicine and essential equipment are major concerns in Sri Lanka as the economic crisis deepens. From shortages of gauze, intravenous antibiotics and insulin to requests to re-use catheters or endotracheal tubes, the last few months have brought shocking challenges to Sri Lanka’s healthcare system.

A healthcare worker told Amnesty International, “Nurses are drawing blood without gloves. This is dangerous for the nurse and the patient.”

In some cases, people in need of healthcare supplies were advised to purchase medicine or equipment from private pharmacies, because government hospitals had run out of supplies.

One doctor told Amnesty International: “But not everyone could afford it. Those who couldn’t just went home and came back worse.”

Fuel shortages have also rendered transport either unavailable or extremely expensive, making it difficult or impossible for people to access healthcare services, particularly those from the Malaiyaha Tamilcommunity who live and work in plantations  that are historically poorly served by essential services.

Padam, a member of the MalaiyahaTamil community, told Amnesty International that he faced difficulties when taking his mother to the nearest hospital which was 15 km away. “Before the crisis, I used my personal vehicle. Due to the fuel shortage, this became more challenging. If we use public transport, it is fully crowded nowadays and people like my mother cannot travel in the public transport because she [is] very old. Tickets [prices] also increased massively… If we have fever, we are not able to see a doctor. We are using a Panadol [acetaminophen] for our illness.”

Fuel shortages have also impacted health workers and ambulances. A doctor told Amnesty International, “People can’t come into work because they are stuck in fuel lines… I have seen ambulances parked in front of fuel stations for hours for fuel.”

Nurses are drawing blood without gloves. This is dangerous for the nurse and the patient.

A healthcare worker

none

During April 2022, the Ministry of Health allowed as increase of 40% in the cost of medication.

Source: www.bbc.com

Photo by ISHARA S. KODIKARA/AFP via Getty Images

shortages in sri lanka’s health sector

According to OCHA’s reports, the following medical items were out of stock in Sri Lanka

Regular laboratory items
250
in July 2022
Vital and essential surgical consumables
2724
in July 2022
Complimentary items
600
in July 2022
Vital Drugs
7
in August 2022
Essential Drugs
188
in August 2022

‘Some days we don’t eat at all’

Rising prices driven by inflation and reduced household income mean people are increasingly unable to meet their basic food needs.

Several interviewees raised concerns over their children not having enough to eat. Aruni, who has three children, said: “If we cook lunch, we don’t have dinner, and if we don’t have dinner, then there is nothing for the morning too. Some days we don’t eat at all…”

Staff members of civil society organizations told Amnesty International that the amount of funding from the government for school meals is no longer enough to buy food for every child.

Savita, a 39-year-old Malaiyaha Tamilwoman who works in a tea estate told Amnesty International, “Last month we were without any meal for two days because we didn’t have anything to cook… my children cannot understand the problems… When they feel hungry, they ask for meals, and sometimes they cry for meals.”

My children cannot understand the problems… When they feel hungry, they ask for meals, and sometimes they cry for meals

Savita, a 39-year-old Malaiyaha Tamil woman who works in a tea estate.

Over 6.2 million people (28% of the population) are estimated to be moderately acute food insecure

as of Sept 2022, according to World Food Programme

Photo by Thilina Kaluthotage/NurPhoto via Getty Images

The need to prioritize human rights

The Government of Sri Lanka, donor States, and international financial institutions are putting in place programs and economic reforms to address the economic crisis. The Sri Lankan authorities and donor States must ensure that they meet their obligations under international human rights law by safeguarding the rights to health and adequate food in all aid agreements. The government of Sri Lanka and international financial institutions must also conduct human rights impact assessments before implementing economic reforms; it remains unclear as to whether these have been or will be conducted.

The Sri Lankan authorities are currently in discussions with creditors on restructuring the country’s debt. All options for debt relief should be considered, including debt cancellation, which would allow the government to increase public investment in crucial healthcare and social protection systems.

Any debt relief agreements must not undermine Sri Lanka’s ability to meet its human rights obligations. Reforms of social protection systems, meanwhile, must be carried out transparently and with meaningful participation of those who will be affected by the changes. The government should also explore all options for accessing the maximum available resources to fulfil human rights obligations, including through implementing progressive, redistributive tax reform.

“The economic crisis has led to devastating consequences for the people of Sri Lanka, many of whom are unable to ensure their children have enough food or to access healthcare for sick relatives. In order to convert this near breakdown into a breakthrough, the Sri Lankan authorities must ensure that human rights are placed at the heart of their responses to the crisis, and that all people in the country can access social protection systems,” said Sanhita Ambast.

“The international community must offer all possible financial and technical support to Sri Lanka while putting measures in place to protect marginalized groups from disproportionate harm.”

*All name changed to protect identity.

In order to convert this near breakdown into a breakthrough, the Sri Lankan authorities must ensure that human rights are placed at the heart of their responses to the crisis, and that all people in the country can access social protection systems.

Sanhita Ambast

5.7 million people (about 25% of the population) in Sri Lanka need humanitarian assistance.

As of June 2022, according to UN Office for the Coordination of Humanitarian Affairs (OCHA)

Photo by Akila Jayawardana/NurPhoto via Getty Images

Background

Sri Lanka’s economic crisis has its roots not only in government policies over several decades, but also the Covid-19 pandemic, which seriously affected the country’s economy by stripping away vital sources of tourism-related income, while remittances from overseas workers also dropped.

In March 2022, the government ran out of foreign currency, which it needed to import essential items like fuel and medicine. This contributed to rising rates of inflation, price hikes on essential goods, rationing of electricity supplies, and long queues for fuel. In May 2022, Sri Lanka defaulted on its debt repayments for the first time.

As the situation worsened, thousands of protesters took to the streets, calling for the government to take responsibility for the crisis. Instead, the Sri Lankan authorities responded harshly to demonstrators, inflicting serious human rights violations previously documented by Amnesty International.

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