Kategorie: Humans

Ecuador joins countries such as Colombia and Peru in failing on two levels to protect Venezuelan refugees who survive gender-based violence, indicating an alarming regional trend that must be urgently reversed, Amnesty International said today upon publishing a new report. Unprotected in Ecuador: Venezuelan refugee women survivors of gender-based violence reveals how in Ecuador these women also face ever-present violence and a state incapable of guaranteeing, protecting and respecting their right to a life free from violence.

“It is worrying to see that Ecuador, as a state, is joining Colombia and Peru in its unacceptable treatment of Venezuelan women who survive gender-based violence. As the country taking in the third largest number of people fleeing the massive human rights violations in Venezuela, the Ecuadorian state must urgently address and reverse the lack of protection for Venezuelan women,” said Erika Guevara-Rosas, Americas director at Amnesty International.

With 502,214 people in the country as of August 2022, Ecuador is third only to Colombia and Peru in the number of Venezuelan refugees it receives, with those countries having received 2.5 and 1.5 million Venezuelans respectively. The global total is increasing steadily and now exceeds 7.1 million people, while the number of countries restricting their entry and protection continues to rise, as in the case of the United States.

In Ecuador, women and children make up approximately half of these half a million people and most of them are in an irregular migratory situation. Amnesty International believes that Venezuelan people who have fled their country due to massive human rights violations need international protection and should be recognized as refugees. Regardless of their current migratory situation in the country, the organization refers to them as refugee women.

It is worrying to see that Ecuador, as a state, is joining Colombia and Peru in its unacceptable treatment of Venezuelan women who survive gender-based violence

Erika Guevara-Rosas, Americas director at Amnesty International

The research confirmed that the Ecuadorian state is not guaranteeing the rights of Venezuelan women to seek protection as refugees and to a life free from violence. With regard to protection as refugees, the Ecuadorian authorities are not guaranteeing the right of Venezuelan women to apply for refugee status. Despite meeting the conditions of the 1984 Cartagena Declaration’s definition of a refugee in Article 98 of its Organic Law on Human Mobility, the Ecuadorian authorities rarely apply this definition. Between 2018 and 2022, only 555 women were formally recognized as refugees and some women reported that the authorities discouraged them from seeking international protection. With serious obstacles to accessing existing alternative migration regularization mechanisms, Venezuelan women are left in situations where they are at greater risk of violence and discrimination because of their irregular migration status.

In terms of failing to guarantee the right of Venezuelan women to a life free from violence, the report highlights how gender-based violence is a systematic and prevalent problem in Ecuador: two out of every three women suffer from some form of gender-based violence during their life. In this context, Venezuelan refugee women face an even greater risk of physical, psychological, sexual, patrimonial, gynaecological-obstetric and cyber violence in public and private spaces, along their migratory route and in their place of destination. This vulnerability to violence is exacerbated for women in an irregular migratory situation, as is the case for the majority of Venezuelan women in Ecuador, many of whom are afraid to report gender-based violence for fear of being expelled from the country or fined.

Amnesty International identified structural problems in the front-line institutions that identify and respond to cases of gender-based violence, as well as the system of administration of justice in Ecuador. Stereotypes and discrimination based on gender and xenophobia against Venezuelan women, the lack of resources and the lack of institutionalization of good practices contribute to the lack of access to protection mechanisms and the justice system. All of these factors mean that access to justice and reparation for Venezuelan women is a fantasy in practice, violating their right to a life free of violence.

“More than 7.1 million people have fled an unprecedented crisis in Venezuela in recent years. Ecuador, Colombia, Peru and other countries receiving Venezuelans in search of international protection owe them a coordinated, urgent and human rights-based response. Women and girls, particularly survivors of gender-based violence, must always be a priority for protection for all states and we will continue to demand this,” said Erika Guevara-Rosas.

The findings of the report are based on research carried out between June and September 2022, including fieldwork in the cities of Huaquillas, Machala and Quito between August and September. A total of 99 people were interviewed for this research, including 63 women survivors of gender-based violence, 19 representatives from civil society organizations, seven from international organizations and 10 from government bodies. In addition, Amnesty International submitted 10 requests for access to public information and extensively reviewed current legislation, public policies, existing literature and media reports on the subject.

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Following considerable political uncertainty and a decline in the human rights situation in the country, Malaysia’s next government must make the respect and protection of human rights a priority, Amnesty International said before nationwide elections this weekend. 

“Malaysian authorities must ensure full respect for human rights before, during and after the forthcoming elections. Human rights have been under renewed attack, with peaceful demonstrations and freedom of expression online subject to increased restrictions,” said Rachel Chhoa-Howard, Southeast Asia Researcher for Amnesty International. 

In 2022, police have investigated organisers of public rallies, and filed charges against those who express opinions on royalty, race or religion or are critical of the authorities. 

“The next government should end the use of repressive laws which have had a chilling effect and limit Malaysians’ right to express themselves freely online or offline,” Chhoa-Howard said. 

The next government should end the use of repressive laws which have had a chilling effect and limit Malaysians’ right to express themselves freely online or offline.

Rachel Chhoa-Howard, Southeast Asia Researcher for Amnesty International

Amnesty International has published a Human Rights Agenda outlining eight priority issues that those elected to the next government must address.  

Apart from the rights to freedom of expression and peaceful assembly, priority issues also include better protections for refugees and migrants, effective and transparent investigations into deaths in police custody, and abolishing the death penalty. 

In the run-up to elections, there was a standout development, with the government’s promise to abolish the mandatory death penalty. Though bills were tabled in Parliament, elections were called before amendments could be passed. 

“We urge the next government to seize the historic opportunity to abolish the mandatory death penalty as a first step towards full abolition, and urgently table amendments once elected.” 

“These amendments should include alternative punishments that are in line with international human rights standards. At the same time authorities should initiate an individual judicial review of each of the over 1,300 existing death row cases. The moratorium on executions should remain, pending full abolition.” 

There has been renewed outcry around the government’s inhumane policies and punitive actions towards refugees and migrants, including the deportation of over 2,000 people back to Myanmar in collaboration with the Myanmar military. Meanwhile, Malaysian authorities are holding thousands of people, including refugees and asylum seekers, in indefinite detention. 

“The new government must immediately end all forced deportations of people to Myanmar and ensure they are given the opportunity to claim asylum,” Chhoa-Howard said.  

“Malaysia’s new government and leaders must adopt a consistent policy on Myanmar, instead of only criticizing the military while quietly deporting people back to a country which routinely jails thousands and tortures dissidents.”  

Malaysia’s new government and leaders must adopt a consistent policy on Myanmar, instead of only criticizing the military while quietly deporting people back to a country which routinely jails thousands and tortures dissidents.

Rachel Chhoa-Howard, Southeast Asia Researcher for Amnesty International

In addition, Amnesty International is urging the authorities to grant immediate access to detention facilities to the UN Refugee Agency (UNHCR). Those who wish to make asylum claims should be released, and the government should work together with UNHCR to end the system of indefinite detention. 

“Under the next government, upholding the rights of minorities including migrants, refugees, LGBTI and Indigenous peoples must be given special attention, rather than be subject to relentless attack.  

“We hope that the country’s new government and leaders will take the opportunity to reset the current approach, and ensure that all people in Malaysia can freely exercise their human rights. After a period of neglect, human rights should be at the forefront of the government’s agenda.” 

Background: 

Malaysia will hold its national elections on 19 November 2022 for 222 Parliamentary seats. The country has endured considerable political turbulence over the past two and a half years after the Pakatan Harapan coalition fell apart and political infighting within replacement governments ensued. 

For countries around the world, Amnesty International routinely publishes a human rights agenda for election candidates to highlight areas which the organization considers should be at the top of government leaders’ priorities should they be elected. Amnesty International previously published a human rights agenda for candidates ahead of the 2018 elections. 

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The Iranian authorities are seeking the death penalty for at least 21 people in sham trials designed to intimidate those participating in the popular uprising that has rocked Iran since September and deter others from joining the movement, Amnesty International said today. 

Since 13 November, the authorities have announced, in separate statements, that Revolutionary Courts in Tehran have sentenced five unnamed individuals to death for “enmity against God” (moharebeh) and “corruption on earth” (efsad-e fel arz) over what they called acts of arson, destruction of property and fatal assault against a member of the security forces during protests in Tehran province. Since 29 October, state media have regularly reported on the trial of nine men on protest-related charges carrying the death penalty. It is unclear whether the five unnamed individuals sentenced to death are among the nine men. At least 12 other people including a woman are also facing capital charges in connection with the protests. 

Amnesty International issued a detailed analysis today about the cases of the 21 individuals who are at risk and highlighting the deeply flawed nature of the proceedings by Revolutionary Courts amid the authorities’ shocking calls for speedy trials and public executions. 

The Iranian authorities must immediately quash all death sentences, refrain from seeking the imposition of the death penalty and drop all charges against those arrested in connection with their peaceful participation in protests.

Diana Eltahawy, Amnesty International

“The Iranian authorities must immediately quash all death sentences, refrain from seeking the imposition of the death penalty and drop all charges against those arrested in connection with their peaceful participation in protests. The death penalty is the ultimate cruel, inhuman and degrading punishment, its abhorrent nature further compounded by a fundamentally flawed criminal trials devoid of transparency or independence,” said Diana Eltahawy, Amnesty International’s Deputy Director for the Middle East and North Africa.

“Two months into the popular uprising and three years on from the November 2019 protests, the crisis of impunity prevailing in Iran is enabling the Iranian authorities to not only continue carrying out mass killings but also to escalate the use of the death penalty as a tool of political repression. Member states of the UN Human Rights Council holding a special session on Iran next week must urgently establish an investigative and accountability mechanism to address this all-out-assault on the right to life and other human rights.”

Amnesty International fears that many others are at risk of facing the death penalty, given the thousands of people arrested and number of indictments issued by the authorities. 

Amnesty International is urging all governments with embassies in Iran to immediately send high level observers to all ongoing trials where defendants are at risk of being sentenced to death. The Iranian authorities have said such trials will be public.

Individuals facing the death penalty over protests

The cases of the 21 individuals who are at risk of the death penalty are at different stages and taking place before various courts. The cases of those sentenced to death can be appealed before the Supreme Court. 

Six men charged with “enmity against God” (mohraebeh) or “corruption on earth” (efsad-e fel arz) have been referred to a Revolutionary Court in Tehran for a group trial. Their names are Mohammad Ghobadlou, Saman Seydi (Yasin), Saeed Shirazi, Mohammad Boroughani, Abolfazl Mehri Hossein Hajilou, and Mohsen Rezazadeh Gharagholou. Three other men – Sahand Nourmohammad-Zadeh, Mahan Sedarat Madani and Manouchehr Mehman-Navaz – are facing separate trials before Revolutionary Courts in Tehran for alleged criminal conduct amounting to “enmity against God” (mohraebeh). In eight of these cases, the charges carrying the death penalty involve no accusations of intentional killing and primarily stem from acts described as vandalism, destruction of public and/or private property, arson and disturbing public order.

Although the authorities have not disclosed the identities of the five individuals officially announced as having been sentenced to death, information revealed about their charges have led human rights activists to believe that these unnamed individuals are Mohammad Ghobadlou, Manouchehr Mehman Navaz, Mahan Sedarat Madani, Mohammad Boroughani and Sahand Nourmohammad-Zadeh.

Eleven other people are also facing trial on the charge of “corruption on earth” (efsad-e fel arz) before a Revolutionary Court in Karaj, Alborz province. Among them is a married couple, Farzaneh Ghare-Hasanlou and Hamid Ghare-Hasanlou, who is a medical doctor.  

Amnesty International is also aware of another man, 26-year-old Parham Parvari from Iran’s Kurdish minority who has been charged with “enmity against God” in connection with protests. According to his family, he was a bystander who was violently arrested in Tehran while returning home from work during the protests.  

There is evidence that at least three individuals have been subjected to torture and other ill-treatment and that torture-tainted “confessions” have been used against the defendants in court. 

Denial of fair trial rights

Documented violations of fair trial rights against the 21 individuals include denial of the rights to access a lawyer of their own choosing from the time of arrest and throughout the investigation and trial proceedings, denial of the right to be presumed innocent, to remain silent and not to be compelled to incriminate oneself or to confess guilt. Defendants are systematically regularly denied the right to be protected from torture and other-ill-treatment; to obtain full access to relevant evidence; and to receive a fair, public hearing before a competent, independent and impartial tribunal.

Under international law, the imposition of the death penalty following an unfair trial violates the right to life and the absolute prohibition of torture and other ill-treatment.

Officials call for speedy trials and public executions

A parliamentary statement from 227 of 290 Iranian parliamentarians has called on the judiciary to “show no leniency” to protesters by urgently issuing death sentences against them as “a lesson” to others. The Head of the Judiciary, Gholamhossein Mohseni-Ejei, has called for speedy trials and punishments, including executions.  

According to an official document reviewed by Amnesty International, on 9 October, the country’s Prosecutor General, Mohammad Jafar Montazeri, instructed prosecution authorities to expedite criminal proceedings against Mohammad Ghobadlou. In another official document dated 29 September, a senior police chief asked for the trial of Mohammad Ghobadlou to be completed “in the shortest possible time” and that his death sentence be carried out in public as “a heart-warming gesture towards the security forces”. 

Background

Iran has been rocked by a nationwide popular uprising against the Islamic republic system since the death in custody of Mahsa (Zhina) Amini at the hands of Iran’s “morality” police on 16 September 2022. Security forces have responded with unlawful force, including lethal, killing hundreds of men, women and children and injuring thousands of others.

According to a leaked audio file obtained by BBC Persian, the authorities arbitrarily arrested between 15,000 and 16,000 people in the first wave of arrests since the protests began. Those arrested include protesters, journalists, human rights defenders, dissidents, university students and schoolchildren, and many have been subjected to enforced disappearance, incommunicado detention, torture and other ill-treatment, and unfair trials.

On 8 November 2022, the Iranian judiciary announced that 1,024 indictments had been issued in relation to the protests in Tehran province alone, without providing further details on the charges.

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In response to the detention for over 90 days of student leaders Wasantha Mudalige and Galwewa Siridhamma Thero, under the draconian Prevention of Terrorism Act (PTA), Thyagi Ruwanpathirana, Amnesty International’s South Asia Regional Researcher, said:

“The continued targeted persecution of student leaders in Sri Lanka has a chilling effect on civil society and the right to protest. The baseless terror charges against Wasantha Mudalige and Galwewa Siridhamma Thero must be immediately dropped and any extension of the detention order must be stopped.”

The baseless anti-terror charges against Wasantha Mudalige and Galwewa Siridhamma Thero must be immediately dropped and any extension of the detention order must be stopped.

Thyagi Ruwanpathirana, Amnesty International’s South Asia Regional Researcher

“The use of counterterrorism charges against protesters is excessive and disproportionate, yet they have time and again been used by the Sri Lankan authorities against critics and minorities to silence dissent. Detaining protesters under counterterrorism charges is a clear violation of the rights to freedom of expression and peaceful assembly guaranteed by the Constitution of Sri Lanka and the International Covenant on Civil and Political Rights, to which Sri Lanka is a state party. International human rights law requires that counterterrorism laws must not be used to criminalize those who either organize or participate in peaceful assemblies.”

“The Sri Lankan authorities must repeal the PTA, which does not meet international human rights standards, and must uphold their already stated commitment to end its use. The authorities should immediately review the detention of all those held under the PTA, ensuring adequate access to fair bail hearings. They should also release all protesters facing similar charges that do not meet international standards.”

International human rights law requires that counterterrorism laws must not be used to criminalize those who either organize or participate in peaceful assemblies.

Thyagi Ruwanpathirana

Background:

Sri Lankan student leaders Wasantha Mudalige, the convener of Inter University Students’ Federation and Galwewa Siridhamma Thero, the convener of Inter University Bhikku Federation have been detained by the Sri Lankan authorities since 18 August 2022. They had their detention extended for 90 days on 21 August 2022 under the draconian Prevention of Terrorism Act (PTA) amidst an ongoing crackdown on protesters by the authorities.

Their family members and lawyer have raised concerns about their safety and deteriorating health while in detention. Amnesty International has issued an Urgent Action on the arbitrary detention of the student leaders.

Amnesty International has previously documented the crackdown by the Sri Lankan authorities on protesters who now face intimidation, harassment and arrest. The suppression of protest and the rights to freedom of peaceful assembly, movement and expression must stop and the government must protect the right to protest.

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With the 2022 FIFA World Cup kicking off in Qatar on 20 November, the Gulf state will be under the global spotlight. Since FIFA awarded the tournament to Qatar in 2010, the dire situation for migrant workers in the country has been widely publicized. Migrants and domestic workers continue to face a range of abuses including wage theft, forced labour, and exploitation. 

But the treatment of migrant workers is just one of a range of violations that make up the state’s troubling human rights record. Qatar’s authorities repress freedom of expression, freedom of the press and freedom of association; unfair trials remain concerning; women continue to face discrimination in law and practice; and laws continue to discriminate against LGBT individuals. 

Here are six things you need to know. 

1 – Freedom of expression and press freedom 

The Qatari authorities use abusive laws to stifle those who are critical of the state, including both citizens and migrant workers. Amnesty International has documented cases of Qatari citizens who have been arbitrarily detained after criticizing the government, and sentenced following unfair trials based on confessions obtained coercively. Meanwhile, Malcolm Bidali, a Kenyan security guard, blogger and migrants’  rights activist, was forcibly disappeared and held in solitary confinement for a month for highlighting the plight of migrant workers.  

Qatar has little independent or critical media. The country’s authorities limit press freedom by imposing restrictions on broadcasters, including by banning filming in certain locations such as government buildings, hospitals, universities, migrant workers’ accommodation sites and private homes.  

2 – Freedom of association and assembly 

Migrant workers remain barred from forming or joining trade unions. Instead, they are permitted to form Joint Committees, an initiative led by employers to allow workers’ representation. To date, however, the initiative is not mandatory and covers only 2% of workers, falling far short of the fundamental right to form and join trade unions.  

Citizens and migrant workers alike face repercussions for peaceful assembly. For instance, in August 2022, hundreds of migrant workers were arrested and deported by state authorities after protesting on the streets of Doha after their company repeatedly failed to pay their wages.  

3 – Unfair trials 

Fair trials are far from guaranteed in Qatar. Over the last decade, Amnesty International has documented cases of unfair trials where defendants’ claims of torture and ill-treatment were never investigated, and sentences were handed down based on coerced “confessions”. Often, defendants were interrogated while held in incommunicado detention without access to a lawyer or translator.  

Jordanian national Abdullah Ibhais, for example, is serving a three-year prison sentence following an unfair trial in Qatar, which was based on a “confession” of his that he claims was obtained coercively. 

4 – Women’s rights 

Women continue to face discrimination in law and practice in Qatar. Under the guardianship system, women require the permission of their male guardian, usually their husband, father, brother, grandfather or uncle, to marry, study abroad on government scholarships, work in many government jobs, travel abroad (if under the age of 25), and access reproductive healthcare.  

Family law discriminates against women, who face greater difficulties seeking a divorce, and more severe economic disadvantages if they do so, compared to men. Women also continue to be inadequately protected against domestic and sexual violence. 

5 – LGBT rights 

Qatari laws discriminate against LGBT people. Article 296(3) of the Penal Code, criminalizes a range of same-sex consensual sexual acts, including potential jail terms for anyone who “leads or induces or tempts a male, by any means, into committing an act of sodomy or debauchery”. Similarly, Article 296(4) criminalizes anyone who “induces or tempts a male or female, by any means, into committing acts contrary to morals or that are unlawful”. 

In October 2022, human rights organizations documented cases in which security forces arrested LGBT individuals in public places — based solely on their gender expression — and searched their phones. They also said it was mandatory for transgender women detainees to attend conversion therapy sessions as a requirement for their release. 

6 – Labour rights 

Despite the government’s ongoing efforts to reform Qatar’s labour system, abuses remain rife across the country. While conditions have improved for some workers, thousands are still facing issues such as delayed or unpaid wages, denial of rest days, unsafe working conditions, barriers to changing jobs, and limited access to justice, while the deaths of thousands of workers remain uninvestigated. Although a fund has started to pay out significant amounts to workers who have had wages stolen, hundreds of thousands of migrant workers have still not been compensated for labour abuses faced in the past decade. 

Forced labour and other forms of abuse continue unabated, particularly in the private security sector and for domestic workers, most of whom are women. The payment of extortionate recruitment fees to secure jobs remains widespread, with sums ranging between US$1,000 and US$3,000. It takes many workers months or even years to repay the debt, which ultimately traps them in cycles of exploitation. 

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