Philippines: Elections point to ominous moment for human rights

With Ferdinand “Bongbong” Marcos Jr and Sara Duterte poised to win the Philippine elections, Amnesty International’s Asia-Pacific Deputy Regional Director Emerlynne Gil said:  

“Ferdinand ‘Bongbong’ Marcos Jr and Sara Duterte’s past avoidance of discussing human rights violations in the Philippines is deeply concerning. During the campaign period, it seemed that they were deliberately refusing to take a position on past and present violations – including those committed under martial law in the 1970s and early 1980s, and in the context of the Rodrigo Duterte administration’s ‘war on drugs’. 

“If confirmed, the Marcos Jr administration will face a wide array of urgent human rights challenges. The new government should make a dramatic course correction and move away from the past six years under Rodrigo Duterte, when authorities increased attacks against political opponents and human rights defenders, cracked down on press freedom and oversaw widespread and systemic killings in the so-called war on drugs. 

“The widespread arbitrary arrests and detentions, torture and extrajudicial killings that occurred in the martial law era and violations committed more recently during the Duterte administration must never be allowed to happen again.

“Amnesty International will not waver in its commitment to call out human rights violations and bring perpetrators to account, including for violations committed in the past. It is only through a genuine commitment to justice, truth and accountability for such violations that the Philippines can move forward in building respect for the rule of law and human rights.” 

Background: 

Though results have not been officially announced, Ferdinand “Bongbong” Marcos Jr is set to emerge victorious, according to reports and initial tallies. He would take up the post after President Rodrigo Duterte, who served from 2016 to 2022. The Philippine Constitution only allows for one six-year presidential term. 

Davao City Mayor Sara Duterte, the daughter of President Duterte, is poised to win the vice-presidency, which is voted on separately. Other top posts up for grabs included senators, congressional representatives, and major local posts including provincial governors and city mayors.  

Marcos Jr is the son of former President Ferdinand Marcos, who declared and presided over martial law in the Philippines from 1972-1981. During the campaign period, various monitoring groups observed an increased prevalence of disinformation through social media platforms, aimed at dismissing accounts of grave human rights violations during martial law. 

In the lead-up to the election, Amnesty International called on all candidates to put human rights front and centre in their campaigns after six years of a murderous “war on drugs” and the rise in impunity for these and other human rights violations during President Rodrigo Duterte’s administration. 

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DRC: One year on, ‘State of Siege’ used as a tool to crush dissent

  • New briefing reveals how dozens of critics of the State of Siege have been arbitrarily detained in North Kivu and Ituri provinces
  • Despite the State of Siege being extended 22 times, the number of civilians killed by armed groups has doubled over the last year, according to the United Nations
  • Amnesty calls for the lifting of abusive restrictions and the release of all arbitrarily detained individuals

A State of Siege, which is similar to a state of emergency, enforced in the North Kivu and Ituri provinces by the Democratic Republic of the Congo (DRC) authorities since May 2021 has been used as a tool to crush dissent, with two human rights activists killed by security forces and dozens of activists arbitrarily detained on trumped-up charges, Amnesty International said today in a new briefing.

In total disregard of the law, defence and security forces have been given broad powers that are not justified by the stated purpose of the state of siege, which they have used to silence anyone who demands accountability for the state’s actions in the conflict-stricken provinces of North Kivu and Ituri

Deprose Muchena, Amnesty International's Director for East and Southern Africa

The briefing, ‘Justice and freedoms under siege in North Kivu and Ituri’, details how military and police authorities have used sweeping powers to silence individuals deemed critical of the State of Siege, including members of parliament, pro-democracy activists and human rights workers, since the state of siege was first put in place on 3 May 2021. It also shows how the authorities are using military courts to prosecute state critics in unfair trials.

“In total disregard of the law, defence and security forces have been given broad powers that are not justified by the stated purpose of the state of siege, which they have used to silence anyone who demands accountability for the state’s actions in the conflict-stricken provinces of North Kivu and Ituri,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa. 

“President Felix Tshisekedi must lift all human rights restrictions and ensure that the State of Siege does not become a permanent regime by outlining a clear schedule for ending the restrictions.”

A steep increase in civilian deaths

President Tshisekedi declared that he introduced the State of Siege with the aim to combat armed groups and protect civilians. The number of civilian casualties from armed conflict in the region, however, has more than doubled in the past year. 

Between June 2020 and March 2021, 559 civilians were killed amid armed conflict in North-Kivu and Ituri. According to the United Nations, the number of civilian deaths between June 2021 and March 2022 rose to at least 1,261.

In a report released in August 2021, the National Assembly’s Defence and Security Committee said that “killings, massacres, rapes, robberies… have intensified in the areas concerned.”

A vicious crackdown on critics

Military authorities in North Kivu and Ituri have used broad powers given to them under the State of Siege to suppress any form of protest or criticism. Human rights activists and MPs who have criticized the measure’s legality, duration or effectiveness have been labelled “enemies of the state” and subjected to arbitrary arrest and prosecution — and in two cases documented killed.

At least two peaceful activists have died as a result of authorities’ crackdown on critics, including 22-year-old Mumbere Ushindi, who was shot by police during a protest against state of siege’s failure to stop the killing of civilians. He died of his gunshot wounds on 24 January 2022. Before the demonstration, a police commander threatened to “crush” anyone who dared to protest.

President Felix Tshisekedi must lift all human rights restrictions and ensure that the State of Siege does not become a permanent regime by outlining a clear schedule for ending the restrictions

Deprose Muchena

La Fontaine Katsaruhande, a 21-year-old activist working with the Fight for Change (LUCHA) movement, had his right leg amputated after being shot by a policeman on 21 September 2021 at a peaceful protest also denouncing the continuation of civilian deaths despite the state of siege.

Four provincial MPs and one national MP have been arbitrarily arrested and prosecuted simply for speaking out against the deteriorating security situation and abuses of power by military and police authorities.

In addition, journalists have faced repeated attacks for doing their work, including by non-state actors, which the authorities have failed to investigate. At least three journalists have been killed in North Kivu and Ituri since the State of Siege was declared, according to Journalistes En Danger (JED), an organization working to protect journalists in the country.

The weaponization of military courts and disruption of the justice system

President Tshisekedi’s decision to order military courts to prosecute criminal cases against civilians, has drastically undermined the right to a fair trial. Military courts did not have the capacity to deal with such a significant increase in the number of cases coming to them. This has led to a drastic increase of the number of people in provisional detention waiting for their day in court and further deterioration of prison conditions. Military courts prosecuting and judging civilians is also contrary to international law.

Dozens of human rights activists have been arbitrarily detained on trumped-up charges, including 12 LUCHA activists arrested in Beni in November 2021, and all of whom were sentenced to one year in prison by a military court in April this year for “provocation to disobey the laws.”

The activists had staged a peaceful protest that called for an assessment of the State of Siege, which they said had failed to improve security for civilians. At least eight of the activists have suffered from sickness in prison due to poor detention conditions and ill-treatment.

The DRC authorities must immediately release all those who have been arbitrarily detained

Deprose Muchena

“The increasing use of military courts has severely undermined fair trial rights,” said Deprose Muchena.

“The DRC authorities must immediately release all those who have been arbitrarily detained. It is shocking that the people of North Kivu and Ituri fear not only deadly attacks by armed groups, but also being prosecuted for speaking out to demand effective protection and accountability for these crimes.”

Background

North Kivu and Ituri represent two of the five provinces that make up eastern DRC. Eastern DRC (including North Kivu and Ituri) is rich in natural resources including gold, Coltan, tin, wolframite, tungsten, oil, timber. The region has suffered from armed conflict since the 1990s. The violence has intensified in recent years, with more than 7,380 civilians killed between 2017 and April 2022, according to the Kivu Security Tracker.

On 3 May 2021, the President adopted a decree introducing a state of siege under the guise of protecting civilians. Under the state of siege, all local authorities and ordinary courts have been replaced by military and police officers, and given powers to restrict freedoms of expression, peaceful association, assembly and movement to the extent they deem them necessary. 

The State of Siege was initially for a period of 30 days, with the possibility for the parliament to extend it for periods of two weeks at the request of the government. However, it has since been extended 22 times and is still in force until today.

Amnesty International has conducted 44 interviews with victims of abuses, lawyers, human rights activists and local MPs between August 2021 and April 2022 for this briefing. The organization also analyzed official documents and reports.

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Saudi Arabia: New campaign highlights use of punitive travel bans targeting activists and their families

The Saudi Arabian authorities are using arbitrary travel bans as a tool to punish and control activists, writers and journalists by locking them inside the country, or, in the case of those living abroad, by preventing their families from travelling overseas, Amnesty International said today as it launches a new campaign.

The campaign, ‘#LetThemFly’, documents the cases of 30 Saudi Arabian human rights defenders who were sentenced to prison following grossly unfair trials, with travel bans coming into force as soon as they complete their sentences. It further documents 39 cases of relatives of activists who found themselves – by no official order or other forms of notification – also under travel bans, effectively forcibly separating families.

“The Saudi Arabian authorities’ arbitrary use of travel bans against activists and human rights defenders reflects a bleak reality in the country, where dissenting voices continue to be ruthlessly silenced while leaders speak of progressive reform,” said Lynn Maalouf, Amnesty International’s Deputy Director for the Middle East and North Africa.

“The activists who dared express any form of criticism or opinion not to the liking of the country’s leadership have become victims of unlawful and punitive travel bans that effectively curtail their freedom of movement, impacting major decisions in their lives. The Saudi Arabian authorities must lift all arbitrary travel bans, stop this vindictive practice and start respecting the rights to freedom of expression and movement.”

Cruelly restricted lives

Amnesty International spoke with eight Saudi activists who were either placed under arbitrary travel bans themselves or have had family members banned from traveling living inside Saudi Arabia. Those living overseas said they have struggled emotionally as they are unable to see their families or visit their home country. They fear they will be arbitrarily arrested and detained if they return to Saudi Arabia.

On 11 March 2022, Raif Badawi, a Saudi Arabian blogger and activist, was released after completing a 10-year prison sentence. But unless his travel ban is lifted, he will not be able to see his wife and children for another 10 years. This sentence followed a grossly unfair trial, based on charges stemming solely from him establishing an online debate forum, for which he was accused of insulting Islam. Raif Badawi was also sentenced to a punishment of 1,000 lashes, the first 50 of which were meted out in a public square in Jeddah on 9 January 2015, in violation of the prohibition of torture and other ill-treatment.

Abdulrahman al-Sadhan, who worked with the International Red Crescent humanitarian network in Riyadh, was arrested on 12 March 2018 and then held incommunicado and forcibly disappeared for two years for running a satirical Twitter account. On 5 April 2020, he was sentenced to 20 years in prison followed by a 20-year travel ban simply for exercising his right to freedom of expression. He remains in detention today, deprived of proper medical care and regular contact with his family.

“They are tearing families apart”

Abdulrahman al-Sadhan’s sister, Areej Al-Sadhan, who lives in the United States, told Amnesty International that travel bans deprive people of the chance to live a normal life as they disrupt people’s professional and social lives. She added that being forcibly separated from one’s family inflicts a grave psychological and emotional toll.

“They are tearing families apart. This is unjust, illegal and inhumane,” said Areej Al-Sadhan. “With a travel ban, Saudi Arabia becomes the prison, a place of punishment, a place that restricts people’s freedom and alienates citizens from their home country.”

Background

For years, Saudi Arabia has been using travel bans to suppress critical, dissenting voices both inside and outside of the country.

In the Ritz Carlton purge of November 2017, the authorities imposed travel bans on approximately 300 individuals, including members of the Saudi royal family.

In October 2021, The Freedom Initiative, a U.S.-based human rights organization that campaigns for the release of prisoners wrongfully detained in the Middle East and North Africa, issued a report documenting at least 89 “U.S. persons” (American citizens or permanent, legal residents) who had been detained or placed under a travel ban in Saudi Arabia.

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Sri Lanka: Rights under attack during economic crisis

As the people in Sri Lanka are facing a catastrophic economic crisis, the government must protect the human rights of everyone and ensure an enabling environment for peacefully expressing dissent, Amnesty International said in a report released today.

In the report, ‘From Bad to Worse: Rights Under Attack During Sri Lanka’s Economic Crisis’, the organization also called for the international community to support Sri Lanka in its recovery in line with obligations around international cooperation and assistance, with a particular focus on marginalized groups who are at grave risk.

“The crisis in Sri Lanka is a prime example of the interdependence and interrelatedness of economic and social rights and civil political rights. As such, human rights must be at the heart of discussions on Sri Lanka’s economic future,” said Yamini Mishra, South Asia Regional Director for Amnesty International.

Human rights must be at the heart of discussions on
Sri Lanka’s economic future.

Yamini Mishra, South Asia Regional Director for Amnesty International

“We urge the international community to step in where possible to support Sri Lanka with necessary financial and technical assistance, such as debt relief and aid, in line with a human rights based assessment of the situation to ensure the economic crisis does not deteriorate into a humanitarian crisis.”

Sri Lanka is facing a balance of payment crisis and a severe foreign exchange shortage compounded by Covid-19 lockdowns, pre-pandemic tax cuts and loss of access to international capital markets. As it stands, foreign exchange reserves are critically low, making the import of essential medicines, food items, cooking gas and fuel, immensely difficult. This is affecting all major sectors including education, health and livelihoods.

At least five individuals have died while standing in line for essentials and to date, a total of 75 individuals have reached Tamil Nadu in India seeking economic refuge. Thousands of people in Sri Lanka have taken to the street in a show of resistance using creative slogans, art, theatre, dance, music and technology. Their demands are for the resignation of the president and the prime minister, but also include calls for accountability for wide-ranging human rights violations, inter- ethnic, religious unity and harmony. According to the information collected by Amnesty International, the protests have been largely peaceful; however, in several instances, the Sri Lankan authorities have unlawfully restricted their right to freedom of peaceful assembly including the use of force, tear gas and arbitrary detentions.

The authorities must uphold human rights to freedom of movement, liberty and security of person. Also, Sri Lanka has ratified the International Covenant on Economic, Social and Cultural Rights, and has an obligation both individually and through international assistance and cooperation, to guarantee economic and social rights. These rights include the rights to health, education, social security, adequate food, and an adequate standard of living.

In February this year, the International Monetary Fund (IMF) recommended that “social safety nets should be strengthened, by increasing spending, widening coverage, and improving targeting, to mitigate the adverse impacts of macroeconomic adjustment on vulnerable groups,” however to date, the only proposals approved by the Sri Lankan cabinet have been to provide ad-hoc handouts for a period of three months for low-income families. The government must urgently fund and expand social security systems and ensure that all people, including marginalised groups, are protected from the impacts of the crisis.

Amnesty International has observed that austerity measures introduced previously in several other countries in the context of economic crises have seriously impacted economic and social rights protections. In Greece and Spain, for example, austerity measures made healthcare less accessible and affordable, which had a disproportionate impact on those with lower incomes, and particularly on the elderly, those needing mental health care and treatment, those with disabilities, and with chronic health conditions.

Austerity measures must not disproportionately impact the marginalized groups and must be strictly temporary.

Yamini Mishra, South Asia Regional Director for Amnesty International

“Lessons must be learnt from similar experiences from across the world to avoid serious repercussions,” said Yamini Mishra.  “Any austerity measures introduced in Sri Lanka must be based on a human rights assessment, should be open for public scrutiny and feedback in an inclusive and participatory process, and all alternatives must be explored before they are introduced. Austerity measures must not disproportionately impact the marginalized groups and must be strictly temporary.”

NOTE FOR EDITORS: The complete set of recommendations to the Government of Sri Lanka and the international Community from Amnesty International can be found in the research briefing here.

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