A protester is in a critical condition in hospital after being shot in the head by Eswatini security forces outside parliament during protests to deliver a petition to the US embassy urging the United States to intervene following the arrest and detention of two members of parliament. In response to the news, Amnesty International’s Director for East and Southern Africa, Deprose Muchena, said:

It is shocking that someone who had merely been exercising their right to freedom of expression is now lying badly injured in a hospital bed

Deprose Muchena: Director for East and Southern Africa

“Thousands of peaceful protesters were violently dispersed, with security agents using live ammunition, rubber bullets and tear gas in Eswatini today. It is shocking that someone who had merely been exercising their right to freedom of expression is now lying badly injured in a hospital bed.

“The Eswatini authorities have shown no remorse nor restraint in their brutal response to peaceful protests in the country. Instead of listening to the genuine complaints of protesters, including their demands that activists are freed, human rights are protected and reforms undertaken, authorities have allowed this crackdown to continue. 

Authorities must launch a prompt, thorough, independent and impartial investigation into the shooting of protesters today and ensure that suspected perpetrators are brought to justice in fair trials

Deprose Muchena

“Authorities must launch a prompt, thorough, independent and impartial investigation into the shooting of protesters today and ensure that suspected perpetrators are brought to justice in fair trials. They must also allow people to freely exercise their human rights, ensure that excessive force is not used against protesters, and immediately stop their vicious campaign to crush dissent.”

Background

More than 10,000 people marched to the US embassy to deliver the petition in Eswatini today but were violently dispersed, with security agents using live ammunition, rubber bullets and tear gas, according to witness reports. The army was also deployed with soldiers seen setting up road  blocks to stop people from joining the protests.

MPs Mduduzi Bacede Mabuza and Mthandeni Dube were arrested on the evening of 25 July 2021 and have been in detention at Mbabane police station ever since. They face vaguely worded charges under the Suppression of Terrorism Act. “Pro-democracy” protests started in June in the Kingdom of Eswatini following the mysterious death of 25-year-old law student, Thabani Nkomonye. He allegedly died at the hands of the police.

Since the start of protests demanding political reforms, the government of Eswatini has launched a ruthless crackdown on human rights. Dozens of people have been killed and many others tortured, detained or abducted.

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Ahead of the one-year anniversary of South Africa and India’s call for a TRIPS waiver for Covid-19 vaccines on 2 October 2021, Amnesty International’s Secretary General Agnès Callamard said:

“Since India and South Africa called for a TRIPS waiver one year ago, a staggering 3.5 million people have died from Covid-19. How many more people must die needlessly before countries do the right thing and support the lifting of patent restrictions, so Covid-19 vaccines, tests and treatments can be produced worldwide?

“It is simply shameful that a handful of wealthy governments continue to monopolize vaccine supply while consistently opposing attempts to free up intellectual property rights that would enable other States to fulfil their obligations to protect their people.  The UK, Norway, Switzerland and the EU – including Germany – are still selfishly blocking the TRIPS waiver while other countries continue to waste time and prevaricate. Pharma companies have also behaved shamefully – pushing up prices, monopolizing intellectual property, blocking technology transfers, and lobbying aggressively against measures that would expand global manufacturing to line their pockets.

Greed is triumphing over human life and human rights… poorer countries are losing precious time to protect their populations.”

Secretary General, Agnès Callamard

“Greed is triumphing over human life and human rights. These companies and States are seeing the beginning of their economic recovery while letting millions of people risk their lives and health because they don’t have access to a life-saving vaccine. Poorer countries are losing precious time to protect their populations.

“Rarely does a solution that is so clear and so achievable present itself. The world is already miles off track from the World Health Organization’s current target of ensuring 40% of people in lower-income countries are vaccinated by the end of this year, let alone 70% by mid-2022. Many countries continue to grapple with over-run hospitals and lack of medical supplies, including vaccines which is what has kept millions of peoples out of hospitals in wealthy countries that have a steady supply. We don’t have the luxury of time. Rich states must act now. Countless lives depend on it.”

NOTES TO EDITORS

Amnesty International has launched a new campaign, 100 Day Countdown: 2 billion Covid-19 vaccines now!. The organization is calling on states and pharmaceutical companies to deliver 2 billion vaccines to those who need it most starting now, to ensure that the World Health Organization’s target of vaccinating 40% of the population of low and lower-middle income countries by the end of the year is met.

Currently, 105 countries are supporting the TRIPS waiver, but a consensus of all 164 World Trade Organization (WTO) members must be reached before it is adopted.

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A digital investigation by Amnesty International has revealed previously unknown details about the situation facing 32 Afghan asylum-seekers, including four women, 27 men and one 15-year-old girl, who are trapped on the border between Poland and Belarus without food, clean water, shelter and medicine since at least 18 August. Using satellite imagery and photographs to measure the area and 3D reconstruction, Amnesty International has established the group’s position on the border and found that in late August their position had shifted overnight from Poland to Belarus, in what appears an unlawful forced return.

Amnesty International’s reconstruction shows that on 18 August, many of the 32 people, who had entered Poland from Belarus, were on the Polish side of the border, surrounded by Polish border forces. However, one day later they were back on the Belarusian side of the border. Amnesty International believes that this movement could constitute evidence of an unlawful pushback because it appears that the movement occurred as armed Polish border guards surrounded the refugees’ makeshift camp.

“Poland has been cruelly holding this group of people on their border in horrendous conditions for weeks. Our analysis shows irrefutably on 18 August, their position shifted from Poland to Belarus overnight, which strongly suggests that they were victims of an unlawful pushback,”

<strong>Eve Geddie, Director of Amnesty International’s European Institutions Office</strong>

On 20 August, all 32 Afghans stuck on the border made applications for international protection in Poland, with the help of lawyers, showing that they wished to remain in Poland.

The interim measures granted by the European Court of Human Rights (ECtHR) on 25 August, and subsequently extended on 27 September, instruct Poland to provide the group with assistance, including “adequate food, water, clothing, medical care and, if possible, temporary shelter”. The ECtHR also indicate that the group of Afghans claimed they had previously entered Polish territory on 8 August and been pushed back. Poland has so far failed to comply with the interim measures.

“State of emergency”

Since the event, the group has remained trapped between Polish and Belarusian borders guards. Poland has restricted movement in the area and introduced rules, on 20 August, allowing for people intercepted at the border to be returned to the border with Belarus. On 2 September, Poland declared a “state of emergency” at its borders with Belarus, limiting journalists and NGOs from accessing the area. The “state of emergency” has prevented the oversight of potential human rights violations, raising concerns about the treatment of refugees and migrants in the area, including the unlawful return of other people back across the border to Belarus. Since 19 September, five people have died in the border area, including as a result of hypothermia.

“The dire situation facing the Afghans on the border is one that the Polish government has created.  The declaration of ‘the state of emergency’ is illegitimate and must be lifted. The situation at the country’s borders does not constitute a public emergency by European and international definitions,” said Eve Geddie.

“Forcing back people who are trying to claim asylum without an individual assessment of their protection needs is contrary to international and EU law. The introduction of new laws and measures that attempt to legalize pushbacks do nothing to change that.”

Digital verification

To evaluate the situation on the Poland-Belarus border, Amnesty International’s Evidence Lab collected and analysed cross-border satellite imagery and more than 50 videos and photographs of incidents on the border since 12 August. The images confirm the group’s movements and the increased securitization of the border in recent weeks. The images came from numerous sources, such as local people and press, and included helicopter footage and satellite imagery – all of which was then analysed and verified.  

Using photogrammetry and photo-matching to reconstruct 3D models, Amnesty International was able to verify the group’s position on the border, confirm the suspected pushback between 18 and 19 August and the location of the group between 12 August and 13 September. It also exposed the inhumane conditions in the makeshift camp that the group is being forced to live in. 

Amnesty International is calling on Poland’s government to ensure that those seeking protection have access to its territory. The authorities must end pushbacks, and urgently provide adequate shelter, food, water, sanitary facilities, access to lawyers and medical care to the group of Afghans stranded at the Poland-Belarus border. Poland should also repeal the state of emergency and laws limiting movement in the border area, and grant unhindered access to journalists, activists, NGOs and lawyers.

“People have requested asylum in an EU country, an EU member state is blatantly violating their rights and the EU must act swiftly and firmly to call out these flagrant abuses of EU and international law,”

<strong>Eve Geddie</strong>

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

Alison Abrahams on alison.abrahams@amnesty.org or +32 483 680 812  

Out of hours contact details  

+44 20 7413 5566  

email: press@amnesty.org   

twitter: @amnestypress   

Background

On 2 September, Poland introduced a state of emergency in areas at he border with Belarus. A state of emergency is defined under international law as something that threatens ‘the life of the nation.’ Migration to Poland plainly fails to meet this test and poses no emergency. In addition, international human rights law has strict conditions that a state needs to follow when it imposes a state of emergency that limits human rights, such as notifying relevant international bodies. Poland has failed to act in compliance with these requirements.

On 20 August 2021, prior to the introduction of the state of emergency, a ministerial decree limited movements at the border and established that, except for people falling under certain categories, those intercepted in the border area must leave Poland and be “returned to the state border line”. The decree conflicts with Poland’s obligations under refugee law, as it limits asylum-seekers’ access to Polish territory, which is instrumental to their ability to claim international protection there. The decree is also at odds with the principle of non-penalization of asylum-seekers, whereby people seeking protection should not face penalties on account of their irregular entry or presence in a country. By allowing Polish authorities to return people without an assessment of their circumstances and without an effective opportunity for them to challenge the return decision, the decree is inconsistent with the principle of non–refoulement and could lead to collective expulsions prohibited under international law.

Lithuania and Latvia, which also neighbour Belarus, have seen comparable arrivals at their borders, and have introduced measures similar to Poland’s. On 17 August, the Polish government  proposed a series of worrying amendments to the legislation on returns and international protection. The amendments propose to facilitate returns, which could lead to collective expulsions; allow asylum authorities to discard asylum applications made by people intercepted at an irregular crossing, unless specific circumstances apply; and impose penalties for irregular border crossings. The UNHCR strongly criticized the proposal. At the time of writing, the proposal is not yet in force and is pending before the Polish Senate.

On 25 August, the European Court of Human Rights ordered Poland to provide humanitarian assistance to migrants and refugees at their borders. This was renewed on 27 September. Poland has so far failed to comply with the Court’s order.

UNHCR and IOM have made public calls to be granted immediate access to people in need at the border.

Timeline of events on Poland/Belarus border

Videos/images/map

Details of Digital Investigation

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Amnesty International reconstructs suspected illegal pushback of group of 32 Afghan people in August using photogrammetry and spatial modelling techniques.

Amnesty International has used spatial reconstruction techniques to show how a group of 32 people from Afghanistan was left stranded at the border between Poland and Belarus without food, clean water, shelter and medicine for weeks, despite attempting to claim asylum in Poland.

Amnesty’s analysis shows irrefutably how the group’s position shifted from Poland to Belarus in late August, as a result of what Amnesty suspects was an illegal pushback by Poland.

Polish and Belarusian border guards have been keeping the group trapped in a small area on the border for over a month, as both countries avoid responsibility for the four women, 27 men and one 15-year-old girl. On 20 August, Poland introduced a ministerial decree which limited movements at selected border crossing points and allowed for the return of those intercepted in the area. Subsequently, Poland declared a 30-day “state of emergency” at the border, restricting journalists’ and NGOs’ access to the area . Despite the dire situation of the asylum-seekers, the European Union has been closing its eyes to their plight and is failing to end the stalemate and assist those in need.

Our analysis 

To evaluate the situation on the border between Poland and Belarus, Amnesty International’s Crisis Evidence Lab collected and analyzed satellite imagery over the border and over 50 videos and photographs of incidents on the border since 12 August 2021. This digital content was then analyzed and verified. Photogrammetry and photo-matching to reconstruct models in 3D of the exact location has allowed Amnesty International to verify the position of the border, confirm the movements and locations of the group of Afghans since 12 August and detail how they are now living in a makeshift camp in inhumane conditions. This reconstruction also shows why Amnesty International suspects that an illegal pushback of the group of Afghans from Poland to Belarus happened on 19 August.

Under EU and international refugee law, Poland is obliged to ensure an individual assessment of all asylum claims and refrain from unlawful returns, including pushbacks and collective expulsions which do not take into account the specific circumstances of those being returned nor allow them to challenge the return decision. Amnesty International calls on Poland’s government to ensure access to its territory to those seeking protection, end pushbacks, and urgently provide adequate shelter, food, water, sanitary facilities and medical care to the group of Afghans stranded at the Poland-Belarus border. Poland should also repeal the ‘state of emergency’ and grant unhindered access to journalists, activists, NGOs and lawyers, so that they can continue their vital human rights activities.

The border 

To identify the border line between Poland and Belarus on site, Amnesty International identified and located border posts in high resolution satellite imagery. The line connecting the posts was then drawn.

This border location was then compared to Polish government data by overlaying the border data on a high resolution satellite image. This placed the border 4.5 metres further west than the government data. Both border lines have been placed over the satellite image.

The resulting discrepancy of approximately 4 to 5 metres has been taken into account in Amnesty International’s analysis. The line connecting the border posts has been assumed to be the more accurate border estimation.

Placing the makeshift camp on the border

Polish broadcaster Polsat News filmed the camp from a helicopter on 27 August. Amnesty International turned this footage into a model (through a process called photogrammetry), providing an accurate representation of the camp on this date, and allowing the creation of an accurate mapping of the landscape and the location of features within it.

Matching photographs in the space 

With location of characteristic features precisely established against the satellite and geodesic data, available photographs were photo-matched in the 3D space. By using the characteristic features of the tall clotbur plants, the forked tree and burdock plants in front of the camp, the people in the camp can be more accurately placed in the 3D model.

Analyzing the suspected pushback

The photo-matching of photographs results in the estimation of the position of figures in the 3D space. With the estimated position of the border mapped in the model-space it becomes apparent that the group was shifted from being partially on the Polish side and partially on the Belarusian side on the 18th of August, to being completely moved to the Belarusian side the very next day.

Conditions in the camp

With the location of the camp mapped, videos taken by the group and posted to social media, as well as narrations of the witnesses and short phone calls with asylum-seekers, expose the horrendous conditions in which this group is living. These conditions include a lack of adequate shelter, food, clean water, and sanitary facilities. Progressive suppression of medical aid as well as of support and communication with the outside world is documented by increasing physical distance, introducing visual and auditory blocks between the asylum-seekers and the NGO ‘monitors’ and journalists whose contact with the group was cut off following Poland’s declaration of a ‘state of emergency’ in the area.

State of emergency

Since the events reconstructed here, the group has remained stranded between Polish and Belarusian border guards. Poland has further restricted movement in the area and, on 2 September, declared a state of emergency at its borders with Belarus. This limits journalists and NGOs from accessing the area. These restrictions are preventing the monitoring of potential human rights violations, raising concerns about the treatment of refugees and migrants in the area, including the unlawful return of other people across the border. Since 19 September, five people have died in the border area, including as a result of hypothermia.

Poland’s obligations under international law

Under EU and international refugee law, Poland is obliged to ensure an individual assessment of all asylum claims and refrain from unlawful returns, including pushbacks and collective expulsions. Amnesty International calls on Poland’s government to ensure access to territory to those seeking protection, end pushbacks, and urgently provide adequate shelter, food, water and medical care to the group of Afghans stranded at the Poland Belarus border. Poland should also repeal the ‘state of emergency’ and grant unhindered access to journalists, activists, NGOs and lawyers, so that they can continue their vital human rights activities.

Support our Urgent Action to protect this group stranded at the Polish border

Urgent Action

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Responding to the killing of leading Rohingya activist Mohib Ullah, who was shot dead this evening in the refugee camp in Cox’s Bazaar, Saad Hammadi, Amnesty International’s South Asia Campaigner, said:   

“Mohib Ullah was a leading representative of the Rohingya community, who spoke out against violence in the camps and in support of the human rights and protection of refugees. His killing sends a chilling effect across the entire community. The onus is now on the Bangladeshi authorities to expedite an investigation into his murder and bring all those suspected of criminal responsibility to justice in fair trials.   

“We call on the Bangladeshi authorities and the UN Refugee Agency to work together to ensure the protection of people in the camps, including refugees, civil society activists and humanitarian workers from both the Rohingya and host community, many of whom have shared concerns about their safety.  

“Violence in the refugee camps in Cox’s Bazaar has been a growing problem. Armed groups operating drug cartels have killed people and held hostages. The authorities must take immediate action to prevent further bloodshed.”   

Background    

Mohib Ullah, 48, who led the Arakan Rohingya Society for Peace and Human Rights, was shot dead at around 8:30PM at his office in the Kutupalong camp in Cox’s Bazar. Mohib Ullah had represented the Rohingya community at the United Nations Human Rights Council in 2019.    

At least two thousand Rohingya refugees have been forced to flee their shelters to other camps since violence broke out last year between two rival factions seeking to control the illicit trade of contraband drugs inside the camps. On 7 October 2020, around a dozen shelters in Kutupalong refugee camp were burned to the ground.    

Rohingya refugees told Amnesty International that the clash broke out between a group that has been operating a drug cartel within the refugee camp and another armed group called the Arakan Rohingya Salvation Army (ARSA) as they vie for control of the camps.

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