Kategorie: Humans

The first report of the UN Special Rapporteur on the situation of human rights in Afghanistan must serve as a wakeup call to the international community on the urgent need for establishment of an accountability mechanism to end the gross human rights violations by the Taliban in Afghanistan, said Amnesty International today as the Special Rapporteur presented his first report to the 51st session of the Human Rights Council.

We welcome the Special rapporteur’s report which is a critical addition to the existing documentation
of the ongoing crisis the people in
Afghanistan are facing.

Yamini Mishra, South Asia Regional Director at Amnesty International

“We welcome the Special rapporteur’s report which is a critical addition to the existing documentation of the ongoing crisis the people in Afghanistan are facing. The Special Rapporteur highlights the significant reversal of gains made in Afghanistan when it comes to women’s rights, girls’ education, protection of minorities, access to justice, freedom of expression and association among other critical rights. We are deeply concerned that these human rights violations and abuses continue with impunity in the absence of a mechanism to hold the Taliban de- facto authorities accountable,” said Yamini Mishra, South Asia Regional Director at Amnesty International.

Despite the promises made by the Taliban at the Doha Peace Negotiations and in subsequent announcements as they gained Afghanistan control in August 2021, the Taliban have not adhered to their own announced ‘general amnesty’. Enforced disappearances, arbitrary arrests, extra judiciary killings, revenge killings of different groups especially of former Afghan National Defence and Security Forces (ANDSF) and government officials, targeting of communities based on ethnic and religious identity such as Hazaras, and targeted killings of members of the National Resistance Front (NRF) and members of Islamic State of Khorasan Province (IS-KP) with near blanket impunity has continued in the last 12 months. These gross human rights violations are documented both by the Special Rapporteur and in independent investigations by Amnesty International which highlight the urgent need to investigate and prosecute the alleged perpetrators of these crimes.

“The Taliban have broken their promises to the people in Afghanistan and the international community time and again. Amnesty International emphasizes that the findings in the Special Rapporteur’s report on targeted killings, arbitrary arrests, enforced disappearances and other human rights violations, particularly in Panjshir province against civilian population must serve as enough evidence to the member states at Human Rights Council to start time bound plans of actions to pressurize the Taliban de-facto authorities for an immediate end of these human rights abuses and violations,” said Yamini Mishra.

Amnesty International emphasizes that the findings in the Special Rapporteur’s report… must serve as enough evidence to the Human Rights Council
to start time bound plans of actions
to pressurize the Taliban for an immediate
end of the human rights abuses and violations.

Yamini Mishra

As member states meet today at Human Rights Council 51 session, over 850,000 girls above grade six in Afghanistan are being denied their right to education. As elders and communities in Paktia province decided to re-open secondary schools for girls, the Taliban de-facto authorities once again closed these schools, used violence against girl student protestors and detained journalists reporting the girl students’ protest. This is in addition to exclusion of women from work, traveling, political and public participation and much more. Musicians, artists and those associated with cultural sites are at risk too according to the report, despite assurances by the Taliban one year ago, that the country would not lapse into the violations of cultural rights that were seen twenty years ago. All of these have been documented by the Special Rapporteur as well as Amnesty international in its various reports in since the Taliban takeover on 15 August 2021.

Reports of shrinking civic space, arrest and beating of protestors including women, targeting of journalists and silencing of media which have also been documented by the Special Rapporteur, further underscores previous Amnesty documentation of these human rights violations in the country. This reflects the continued indifference of the Taliban to their legal obligations to respect and protect the rights of Afghan people under international human rights law.

The international community must seize the opportunity presented by the Special Rapporteur’s report to the human rights council and action upon his recommendations.

Yamini Mishra

“Afghanistan stands at crossroads one year after the Taliban forcibly took control of the country. The need for further supporting the mandate of the Special Rapporteur as well as the need for more concerted efforts to close the accountability gap is clear. The international community must seize the opportunity presented by the Special Rapporteur’s report to the human rights council and action upon his recommendations. Without an inclusive government and adequate legal frameworks, protections and institutions, the rights of the Afghan people will continue to be trampled upon,” said Yamini Mishra.

Background

Since the return of the Taliban to power in August 2021, there have been widespread human rights violations documented by Amnesty International including rights of minorities and women and girls, enforced disappearances, torture, unlawful killings and arbitrary arrests particularly in areas such as the Panjshir, attack on freedom of speech and expression and persecution of ethnic and religious minorities.

The Special Rapporteur on the situation of Human Rights in Afghanistan was appointed during the 49th session of the Human Rights Council in April 2022 and presented his first report on 12 September 2022 at the 51st session of the Human Rights Council.

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Reacting to new evidence of alleged war crimes committed by Russian forces following military advances by Ukrainian forces retaking control of Russia-occupied territories, Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said:

“As Ukraine regains control of land occupied by Russian forces, it must prioritize securing evidence of their alleged war crimes. Gathering such evidence is extremely resource-intensive, and so we are calling on the international community to provide resources that will assist Ukraine’s efforts. All ongoing and future trials over alleged war crimes must meet fair trial standards.”

As Ukraine regains control of land occupied by Russian forces, it must prioritize securing evidence of their alleged war crimes

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

“In what appears to be a response to Ukraine’s military gains, Russia has launched attacks that caused significant damage to critical civilian infrastructure, including a power plant strike that led to power and water outages and disrupted civilian activities. We remind Russia that deliberate targeting of civilian infrastructure may amount to war crimes. These strikes must be investigated with a view to ensuring that anyone suspected of criminal responsibility is brought to justice.”

Background

In recent days, Ukrainian forces have reportedly regained control of over 3,000 square kilometres of territory previously occupied by Russia, including Izyum and Kupiansk, two key towns in Kharkiv oblast.

As Russian forces retreat, evidence of alleged war crimes committed by them and Russia-backed armed groups is emerging in the form of testimonies, video footage and photographs.

On 10 September, Ukrainian law enforcement agencies reported that police officers had exhumed the bodies of two men allegedly tortured and killed by Russian forces in Hrakove village, Kharkiv oblast, in March.

On 11 and 12 September, Russian military strikes damaged critical energy infrastructure, resulting in major disruptions to electricity and water supplies as well as train services.

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Responding to the conviction and sentencing to two years’ imprisonment of protester Jatuphon “Niw” Saeung for participating in a mock fashion show in Thailand in October 2020, Amnesty International’s Deputy Secretary General Kyle Ward said:

“The mock fashion show was a satirical take on the political situation of the country – a peaceful public event akin to a street festival with music, food and dancing. Participants should not be punished for participating in a peaceful assembly.

“This sentence, which is at least the 10th conviction for lèse-majesté – or insulting the monarchy – handed down since 2021, is a chilling prelude of what’s to come: a record number of 210 activists and protesters have been charged under Article 112 of Thailand’s Criminal Code since the beginning of overwhelmingly peaceful mass protests in 2020.

“We urge the authorities to immediately drop all charges against those who have merely exercised their human rights to freedom of expression and peaceful assembly, and release those arbitrarily detained.

“With protests picking up again in Thailand, this latest conviction underlines the degree to which Thai authorities continue to repress peaceful dissent.

“Thai authorities are obliged to protect the peaceful exercise of the rights to expression and assembly, but they instead continue to pursue criminal proceedings against demonstrators, many of them young people or even children. These young protesters should be free to express their opinions and participate in discussions in society, and should not face the prospect of unwarranted prison sentences and criminal records.”

Background

The Bangkok Criminal Court in Thailand initially sentenced a protester Jatuphon “Niw” Saeung to three years in prison on 12 September 2022 after authorities charged her with insulting the monarchy under Article 112 of the Criminal Code. Under this law, anyone convicted of defaming, insulting or threatening the king, queen, heir-apparent or regent may be given a jail term from three to 15 years. The Court reduced her sentence by one-third to two years in prison due to her provision of information to the authorities. In the same case, Niw was also convicted of violating the Public Assembly Act and subjected to a fine of 1,500 THB. The Court later reduced the fine to 1,000 THB. Niw is currently detained at the Central Women’s Correctional Institution in Bangkok while awaiting the Court of Appeal’s decision on her bail request.

United Nations human rights experts have repeatedly expressed their concern at the rise in the use of the provision, and how it casts a chilling effect on the peaceful exercise of freedom of expression and assembly. UN experts and other member states have further repeatedly called on the authorities to repeal Article 112 or amend it so that it would be consistent with Thailand’s international human rights obligations.

Niw took part in a satirical fashion show on Silom Road in Bangkok on 29 October 2020. She was accused of imitating and mocking the Thai Queen by wearing a traditional Thai dress.

The October 2020 demonstration was one of dozens in 2020 and early 2021, when tens and possibly hundreds of thousands predominantly peaceful and young demonstrators, including children, took to the streets to demand political, economic and social reforms in Thailand. Authorities have filed criminal proceedings against more than 1,800 activists, including over 280 children, for participating in protests and expressing their opinions.

Since November 2020, at least 210 people, including 17 children, have been accused of committing lèse majesté, according to Thai Lawyers for Human Rights, with ten convictions handed down from 2021 to 2022, the group said.

Amnesty International does not comment on the nature of speeches deemed in breach of the provision, but urges the authorities to uphold its duty under international law to respect, protect and promote the peaceful exercise of freedom of expression.

Thailand is a state party to the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of expression under its Article 19 and to peaceful assembly under its Article 21. The UN Human Rights Committee, the treaty body responsible for monitoring the implementation of the ICCPR, has expressed concerns regarding lèse majesté laws. It stated that all public figures, including those exercising the highest political authority, are legitimately subject to criticism and political opposition and that criticism of state institutions should not be prohibited. Even if the alleged violation of lèse majesté is seen as a defamation-related offence, the Committee has further stated that “imprisonment is never an appropriate penalty”.

Other UN member states have continuously made recommendations to abolish the lèse majesté provision in the Criminal Code, for example at the UN Human Rights Council’s Universal Periodic Review of Thailand. The Thai government has to date always rejected these recommendations. 

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•          Amnesty International categorically rejects senators’ decision to legalize militarization in Mexico.

•          The approval of the proposal is in breach of Mexico’s Constitution and infringes on international treaties to which the country is a party.

•          Official figures on enforced disappearance, deprivation of life, torture, cruel and inhuman treatment, among others, show that state policy on public security over the last 16 years has further aggravated the already serious human rights crisis that the country faces.

The Senate’s approval of the proposal to formalize the affiliation of the National Guard with the Ministry of Defence (SEDENA) is an appalling act that puts the guarantee of human rights in Mexico at risk, Amnesty International said today.

“We deeply regret the Senate’s decision. We have already seen the disastrous results of the militarization of public security forces in Mexico over the last 16 years. Instead of continuing along this path, we call on the executive branch to design a plan for the progressive withdrawal of the armed forces from the streets, prioritizing the strengthening of civilian police forces and the development of public prevention policies aimed at guaranteeing public safety. Enough of human rights violations and impunity!” said Edith Olivares Ferreto, executive director of Amnesty International Mexico.

On 27 May 2019, Mexico established the National Guard as its main public security institution, under the civilian control of the Secretariat of Public Security and Citizen Protection. Since its establishment, the National Guard has been criticized for operating in an increasingly militaristic manner and the fact that more than 70% of its personnel come from the army or navy. In parallel, the National Guard has been criticized for the numerous human rights violations that are rightly attributed to it. Between 2020 and 2022, more than 1,100 complaints against this institution were presented before the National Human Rights Commission (CNDH) regarding crimes under international law including enforced disappearances, arbitrary detentions, unlawful killings and torture, among others.

“We deeply regret the Senate’s decision. We have already seen the disastrous results of the militarization of public security forces in Mexico over the last 16 years.

Edith Olivares Ferreto, executive director of Amnesty International Mexico

On 31 August 2022, President Andrés Manuel López Obrador proposed legislative reforms to increase the militarization of the National Guard even further. The proposed reforms: 1) formally place the National Guard under the military control of the Secretary of National Defence; 2) allow active military personnel to serve in the institution without leaving their military posts; 3) require high-level National Guard commanders to come from military posts; 4) allow crimes, including crimes under international law and human rights violations, perpetrated by National Guard personnel to be tried before military, not civilian, courts; and 5) institute military training for all National Guard personnel.

Militaristic proposal

The reforms approved by the Senate today are the latest in a series of laws and proposals relinquishing control to the military over public security functions in Mexico since 2006, in the context of the so-called “war on drugs”. This militaristic approach to public security has had disastrous consequences for human rights. There are more than 100,000 disappeared people in Mexico, while the army and the navy have been accused of generalized human rights violations. SEDENA has been the subject of more than 4,000 complaints of human rights abuses to the CNDH since 2014.

The members of congress and senators have decided to infringe on international norms stipulating that military involvement in public security activities should be exceptional and only apply under certain conditions. In light of these standards, the United Nations High Commissioner for Human Rights and other UN bodies have repeatedly expressed their concern over the use of militarized army and police forces in public security activities in Mexico. These concerns and recommendations have today been dismissed.

In its report on Mexico in April 2022, the UN Committee on Enforced Disappearances urged the Mexican state to “abandon the militarized approach to public security”, as it has been insufficient and inadequate in terms of protecting human rights. It also recommended strengthening civilian forces and establishing a plan for an orderly, immediate and demonstrable withdrawal of military forces from public security tasks.

The reality in figures

Amnesty International, together with civil society organizations, has warned that the militarized public security strategy has been a failure. Mexico is a much more dangerous country today than it was 16 years ago. Killings have increased 218% between 2006 and 2022; in 16 years more than 100 journalists have been killed (15 of these in the first eight months of this year) and over 97% of the more than 105,000 cases of disappeared people in the country occurred after December 2006.

Members of the Mexican military have committed frequent crimes under international law and serious human rights violations with impunity. From 2014 to date, the CNDH has received at least 6,661 complaints of human rights violations committed by SEDENA, SEMAR (the Ministry of the Navy) and the National Guard. In all those years, SEDENA has been among the 10 institutions with the most complaints, and that list includes the National Guard.

For more information or to arrange an interview, please contact:

Alejandro Juárez Gamero (Amnesty International Mexico): prensa@amnistía.org.mx

Duncan Tucker (Amnesty International Americas): duncan.tucker@amnesty.org

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Responding to the opening of criminal investigations against the editor-in-chief and three journalists of Mada Masr, one of the few remaining independent media platforms in Egypt, in relation to an article on a pro-government party’s alleged corruption, Philip Luther, Middle East and North Africa Research and Advocacy Director at Amnesty International said:

“This latest attack on journalists who dare to deviate from the official narrative in Egypt further exposes the chasm between the Egyptian authorities’ self-declared commitment to human rights, including ‘free speech’, and the grim reality. Harassing one of the few remaining independent media platforms in Egypt reinforces concerns over the ability of independent civil society actors and others to voice their opinions without fear of reprisals at the fast-approaching UN Climate Change Conference to be held in Sharm al-Sheikh in November.

“The authorities must immediately drop all the bogus charges and close this politically motivated investigation against Mada Masr journalists”

Philip Luther, Amnesty International

“The authorities must immediately drop all the bogus charges and close this politically motivated investigation against Mada Masr journalists. They must also release all journalists who have been detained solely for carrying out legitimate media work and exercising their right to freedom of expression; end all forms of censorship, harassment and intimidation of journalists; and repeal the draconian media laws undermining press freedoms.”

On 7 September, Mada Masr editor-in-chief Lina Attalah and three journalists, Rana Mamdouh, Sara Seif Eddin and Beesan Kassab were questioned by prosecutors on charges of “spreading false news” and “defamation” of Nation’s Future party members and “deliberately disturbing [them]”, in addition to “operating an unlicensed website” in the case of Lina Attalah. According to Mada Masr’s lawyers, prosecutors asked the editor-in-chief to identify the authors and editors of the article in question as well as the outlet’s sources, institutional workflow and funding.

The journalists were all released on bail, but may still will face trial, if indicted, on charges punishable by up to two years imprisonment and fines.

The Egyptian authorities have increasingly consolidated their grip on the media in recent years through online censorship, raiding and closing independent media outlets and controlling content in both public and private media.

Background

In November 2019, security forces raided the Mada Masr office in Cairo and briefly detained four journalists, including the editor-in-chief Lina Attalah, in what appeared to be direct retaliation for a report on the Egyptian president’s son Mahmoud Al-Sisi being sidelined from a powerful intelligence position. Mada Masr has unsuccessfully sought a license since 2018.

Since 2013, the authorities have arbitrarily arrested, detained, prosecuted and/or convicted journalists and other media workers simply for expressing critical views or carrying out their media work. At least 23 journalists remain behind bars, including six who were detained during the last five months, simply for exercising their right to freedom of expression.

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