Kuwait: Authorities must halt imminent execution of seven prisoners

Responding to the news that Kuwait plans to execute seven prisoners tomorrow after a five-year hiatus in executions, Amna Guellali, Amnesty International’s Deputy Regional Director for the Middle East and North Africa, said:

“The Kuwaiti authorities must immediately halt these executions. The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment. Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime, the guilt, innocence or other characteristics of the offender or the method used by the state to carry out executions.

The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment

Amna Guellali, Amnesty International

“While the Kuwaiti authorities have a duty to bring those responsible for serious crimes to justice, suspects must be tried in accordance with international law in trials that meet Kuwait’s international human rights obligations.

“Kuwait must urgently commute these and all other death sentences to prison terms and review its laws on the death penalty. The authorities must immediately establish an official moratorium on executions with a view to abolishing the death penalty entirely.”

Background:

On 14 November 2022, Counselor Mohammed Al-Duaij of the Office of Public Prosecution announced that seven individuals — four Kuwaiti men, a Syrian man, a Pakistani man and an Ethiopian woman —would be executed on 16 November, having been convicted of murder. Al-Duaij told the Kuwait daily newspaper al-Qabas that the announcement of such executions “acts as a deterrent” and that executions are “a legitimate matter for retribution”, citing a verse from the Quran.

If carried out, these executions would be the first to take place in Kuwait since 25 January 2017, when a group of seven people, including one member of the royal family, were hanged in a mass execution.

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Somalia: Amnesty International urges new government to adopt 10-point human rights plan

Six months after President Hassan Sheikh Mohamud took office, his government has yet to make good on its promises to guarantee justice and security for the people of Somalia. Amnesty International is today presenting the Somali government with a 10-point plan, outlining the steps it must take to improve the human rights situation in the country.

In May 2022, the government stated that its priorities would include security, justice, reconciliation, and social development. However, more commitment and action is required to improve and prioritize human rights, to ensure accountability for violations and abuses, and to protect civilians.

“The election of President Hassan Sheikh Mohamud in May 2022 was an opportunity for the new administration to address many of the country’s outstanding human rights challenges, and to draw support from the international community to ensure sustainable change and progress in the promotion and protection of human rights in the country,” said Muleya Mwananyanda, Amnesty International’s Regional Director for East and Southern Africa.

The election of President Hassan Sheikh Mohamud in May 2022 was an opportunity for the new administration to address many of the country’s outstanding human rights challenges

Muleya Mwananyanda, Amnesty International’s Regional Director for East and Southern Africa.

“However, no concrete measures have been taken to prevent violations of human rights, to hold suspected perpetrators accountable for their actions, or to ensure access to justice and effective remedies including adequate compensation for victims. The government must prioritise the protection of civilians by ensuring that all Somali security forces receive appropriate training in human rights and humanitarian law. The government should also instruct all security forces not to target civilians and civilian objects during military operations.”

Amnesty International’s 10-point human rights agenda sets out what the Somali government must do:

* Protect civilians in conflict

By ensuring members of the military, police, and other government officials allegedly responsible for human rights violations are brought to justice in fair proceedings.

* Reform the judicial system

By creating a credible, fair, impartial and independent civilian judicial system. Authorities should also end the practice of trying civilians, including journalists, in military courts.

* Ensure justice and reparation for abuses committed by foreign forces 

The government should seek reparations including compensation from the US government and from AMISOM (now ATMIS) for survivors and families of victims of unlawful attacks.

* Uphold and respect freedom of expression

By reviewing the problematic provisions of the media law, the penal code, and all other laws and directives that unduly restrict the right to freedom of expression and bring these laws in line with Somalia’s constitution and international human rights obligations. Authorities must also stop harassing and persecuting veteran journalist and media advocate, Abdalle Ahmed Mumin, by dropping all pending charges against him at the Banadir court, and by lifting travel restrictions against him.

* Guarantee and adequately resource access to the right to health for everyone

By ensuring proceeds from debt relief process are used to progressively increase health budget allocations from the current 2% to ultimately meeting the Abuja Declaration target of 15%.

* Protect Internally Displaced Persons and end forced evictions

By ensuring that both security forces and private actors do not carry out forced evictions including of displaced people across the country.

*Safeguard children’s rights

By fast tracking the children’s Bill, protecting children from recruitment by armed groups and finalising the Female Genital Mutilation Bill.

* Safeguard women and girls’ human rights and protect them from sexual violence

By prioritising the enactment of laws that prohibit all forms of violence against women and girls.

*Mitigating against climate change and other crises

*Establish and operationalize the National Human Rights Commission

Tackling impunity, a priority

The ongoing conflict between Somali authorities and the armed group Al- Shabaab, which also involves allied regional and international forces including AFRICOM and AMISOM (now ATMIS), continues to have a devastating toll on civilians.

Over the years, Amnesty International has documented indiscriminate attacks, unlawful killings of civilians, torture, rape and other violations by all parties to the conflict including Somali security forces and allied militia in military operations. While successive governments have committed to security reforms, no meaningful improvements have been made, and impunity for violations remains widespread. This new government needs to prioritize accountability and tackle impunity for human rights violations.

 This new government needs to prioritize accountability and tackle impunity for human rights violations.

Muleya Mwananyanda

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Qatar: Time fast running out for Infantino to break his silence on migrant workers’ compensation

With less than a week to go to until the 2022 Qatar World Cup, FIFA and its President Gianni Infantino are fast running out of time to commit to compensating migrant workers for abuses suffered during preparations for the tournament, said Amnesty International.

“Unless he breaks his silence on the issue of compensation, Gianni Infantino looks set to refuse a golden opportunity to leave a World Cup legacy that respects and honours the workers who made it possible. He has been presented with reams of evidence about the human consequences of the last twelve years, and a concrete proposal to help victims and their families rebuild their lives, so the message from Zurich and Doha cannot simply be to focus on football,” said Steve Cockburn, Amnesty International’s Head of Economic and Social Justice.

“FIFA cannot use the spectacle of the World Cup to dodge its responsibilities. It has a clear duty towards the hundreds of thousands of workers who suffered while building the stadiums and infrastructure needed for the tournament. A public commitment to a compensation fund—while not undoing the past—would represent a major step forward. Time is short but it’s still not too late for FIFA to do the right thing.”

Unless he breaks his silence on the issue of compensation, Gianni Infantino looks set to refuse a golden opportunity to leave a World Cup legacy that respects and honours the workers who made it possible

Steve Cockburn, Amnesty International's Head of Economic and Social Justice

In May 2022, Amnesty and a coalition of organisations launched a campaign calling on Qatar and FIFA to establish a comprehensive remediation programme for the hundreds of thousands of workers who faced abuses such as illegal recruitment fees, unpaid wages, injury and, in the worst cases, death.  To date, Gianni Infantino has provided no response to a joint letter sent by the coalition on the campaign’s launch, while consistently avoiding the issue of compensation in public.  

The remediation proposal has gained widespread support, from more than a dozen football associations including those of England, Germany, France, Netherlands and the USA; World Cup sponsors Coca Cola, Adidas, Budweiser and McDonalds; and, via a viral video last month, the Australian national team. However, while FIFA’s senior leadership have acknowledged the importance of compensation, the footballing body and its President are yet to make any public commitment. A global poll commissioned by Amnesty across 15 countries revealed that 84% of likely World Cup viewers also favour the proposal.

Background

On 4 November, Gianni Infantino wrote a letter to all 32 nations competing at the 2022 World Cup, urging them to ‘focus on the football’ and to set aside human rights concerns. It followed comments by Qatar’s Labour Minister dismissing Amnesty’s campaign as a “publicity stunt.”

An op-ed by Amnesty’s Secretary General calling on Gianni Infantino to commit to compensation, is available here.

Amnesty International is calling for on FIFA and Qatar to publicly commit to establishing a remediation programme to provide remedy for all abuses related to the preparation and delivery of the World Cup and for the funding of programmes to prevent further abuses. Thereafter, FIFA and Qatar should work together with others; including workers, civil society, trade unions and the International Labour Organization to define the details and delivery of the programme.

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Asia and the Pacific Islands: Pandemic’s disproportionate impact on transgender people should be “wake-up call” to governments

The dire state of transgender people’s rights to healthcare, housing, and employment in Asia and the Pacific Islands worsened at the height of the Covid-19 pandemic, Amnesty International said today. The organization is calling for governments in the region – and world over – to ensure lessons are learned so transgender people are not left behind in future health emergencies and natural disasters.

In a report, Pandemic or not, we have the right to live, Amnesty International documented discrimination, violence and marginalization of transgender people in 15 countries – Bangladesh, India, Indonesia, Japan, Mainland China, Malaysia, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, Tonga and Viet Nam. It reveals that transgender people suffered disproportionately under restrictions to curb the spread of the virus, at the same time that they were excluded from receiving government assistance to help people cope with the impact of the pandemic.

The pandemic and governments’ responses to it have laid bare the many barriers that transgender and gender diverse people in Asia and the Pacific Islands must navigate every day to meet their basic needs.

Nadia Rahman, Amnesty International’s Researcher and Policy Advisor on Gender

“The pandemic should be a wake-up call to governments to build more inclusive and sustainable economies and societies for trans and gender diverse people, especially in the face of future health and climate crises. The first step is to ensure individuals can easily and quickly change their legal name and gender on official ID documents, which is crucial to accessing their rights to essential services on an everyday basis.”

As lockdowns were introduced at the height of the pandemic, transgender people faced numerous challenges including a loss of income, food insecurity, safe housing, problems in accessing gender-affirming treatment, increased domestic violence and a notable absence of social protection support. These are all part of systemic issues states in the region need to address urgently, to comply with their human rights obligations.

‘No money and starving’

Discrimination and stigma mean that the overwhelming majority of transgender people in the region work in the informal sector without any job security, labour protections or welfare benefits. For example, in the Philippines, South Korea and Viet Nam, trans women told Amnesty International that performing at entertainment venues, working in the hospitality industry, engaging in sex work, and taking part in beauty pageants, were often the only ways they could earn a living.

In Bangladesh, India and Pakistan, many transgender women earn money performing ceremonial functions at weddings and births, engaging in sex work or begging on the streets. When lockdowns were imposed, many of them lost their only form of income.

A trans woman in Bangladesh told Amnesty International: “No mainstream companies hire us. We are seen as ‘cursed’ and ‘taboo’. There is no data from the government about trans people. NGOs and activists talked to about 1,500 trans women [during Covid-19] and they [mostly all] told us that they are living a very miserable life, have no money and are starving”.

Obstacles to accessing healthcare

Transgender people in Asia and the Pacific Islands reported that they are routinely subjected to disrespect, lack of privacy and confidentiality, and in many cases, outright refusal of care, when they seek medical assistance.

There is also a lack of health professionals trained in the specific health requirements of trans people, including the regulation of hormones and other gender-affirming treatment. As a result, many transgender people rely on the internet or clandestine market sellers for advice about medication and its side effects.

Accessing hormones was even harder for trans people during the pandemic, with many trans people claiming that interruptions to their gender-affirming treatment was causing them symptoms of anxiety and depression.

“The main difficulty transgender men have faced is getting hormone medicines. When their hormone stocks finished, they couldn’t go to the hospital to get medicines because of the curfews. At times they also couldn’t complete the process to get their gender officially recognized because clinics were closed, and surgeries got delayed,” a trans man in Sri Lanka told Amnesty International.

Humiliation and abuse directed at trans people

The report showed that most transgender people in Asia are unable to obtain legal ID documents that reflect their gender identity, which not only made it difficult for them to access relief packages and Covid-19 vaccines, but is a major barrier for them in their everyday lives.

“They said the virus was the great equalizer but in fact it – as well as the response to it – has greatly exacerbated existing inequalities. The systems that were already inaccessible became almost impossible to access for trans people,” one trans activist in the Philippines told Amnesty International.

The inability to produce an ID that reflected their gender expression also exposed transgender people to greater harassment, abuse and violence.

“Trans women were arrested for being out during the curfew. Most cisgender people just get fines but trans women are humiliated by the officers. There are even reports where trans women were asked to remove their wigs and/or clothes and provide their IDs. Law enforcement officers often go overboard with trans communities when they enforce these policies,” said a trans activist from the Philippines.

In addition to dealing with the Covid-19 crisis, trans people lived through what was termed their “deadliest year on record” with 375 trans and gender diverse people reported to have been killed globally between 1 October 2020 and 30 September 2021, including 44 people in Asia. Between 1 October 2021 and 30 September 2022, 327 deaths of trans and gender diverse people were recorded globally, with 40 in Asia. The actual figures for both years are likely to be much higher due to lack of adequate reporting at the national levels. This shocking violence is rooted in their longstanding marginalization, which is reflected in their lack of human rights.

“The culturally rich history of transgender and gender diverse people in many countries across the Asia Pacific, and indeed world over, has been overshadowed by structural discrimination, violence and stigma. Governments must not turn away from their suffering, but address the structural conditions and inequalities that shape trans people’s everyday lives, choices and opportunities, which, if left unchanged, will continue to make them particularly vulnerable to future crises,” Nadia Rahman said.

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Community resistance in the Isthmus of Tehuantepec

In Mexico, the story of renewable energy goes hand in hand with colonial practices of dispossession and violation of the collective rights of Indigenous Peoples. In the Isthmus of Tehuantepec, the narrow stretch of Mexican territory that separates the Pacific Ocean from the Atlantic Ocean, the Indigenous Peoples who inhabit the area have been living with the consequences of the imposition of this model for more than a decade. In this area, wind energy has become a symbol of the idea of “sustainable” development for local, state and federal government administrations, and it has become the poster child for development and investment. Furthermore, the installation of more than 2,000 wind turbines has had a significant impact on the dynamics of everyday life.

The communities on the receiving end of the projects are faced with the impact that private capital has on social, economic and cultural dynamics. “Wind enclaves” have been developed at key points (based on their political and economic values), leading to an increase in the cost of housing and services, an increase in sex work and the arrival of supermarket, fast food and restaurant chains to meet the needs of foreign workers in the companies (to the detriment of the local market).

The wind megaproject in the Isthmus of Tehuantepec is an example of how the expansionist nature of this so-called development recreates the irregular conditions of leasing contracts and the negative effects on the life of the communities in the area. The aim of these projects is to ensure the continuation of the capitalist accumulation model rather than climate mitigation. Technology is once again used as a weapon for capital and non-appropriable, inappropriate projects are proposed in which technological advances that enable the harnessing of renewable energy sources are costly and require a certain capacity in terms of finance and infrastructure. This limits access to countries with weak economies and especially to their communities while benefiting the private sector.

The aim of these projects is to ensure the continuation of the capitalist accumulation model rather than climate mitigation

Bettina Cruz and Rosa Marina Flores Cruz

In the face of these dynamics, community resistance in the Isthmus continues to be shaped. It is not just a matter of standing up to multinational green capitalism projects, but a fight to defend territory in the face of neoliberal dispossession projects. We are fighting to maintain our binnizá and ikoojts Isthmus life, a life linked to corn (zapalote chico or xhuuba’huiini), to “native” tomatoes and to shrimp and fish. We are fighting to defend a shared space, a living space. This is the alternative proposed from the Isthmus of Tehuantepec, the legitimacy of our decision to remain a community.

And we keep asking ourselves, in return for all this, what is left for us? The arrival of the wind farms was accompanied by many impressive words such as progress, development and opportunities, linked to the narrative of environmental co-responsibility in the face of climate change. The territory of the Isthmus was given the mission to contribute to the achievement of the international climate change mitigation targets signed by the Mexican government, without even considering the energy needs of our area or the impacts of climate change on our communities. The so-called mitigation policies guaranteed a new window of opportunity for the same old companies to continue implementing harmful projects in our territories, but with a green façade.

Currently, our territory has once again been assigned for the second phase of the wind energy project which aims to double the amount of energy produced in the area. It also deepens the dispossession of territory to be handed over to international finance capital with the Faustian project in the Interoceanic Corridor. This involves the implementation of a communication and freight corridor from the Pacific Ocean to the Gulf of Mexico by means of a high-speed train that will, in the end, make use of the geopolitical advantage of crossing the Isthmus. Attempts to establish this inter-oceanic project have been going on for centuries and finally, thanks to this deceitful narrative on progress, it will be implemented along with a motorway, two deep seaports and a gas pipeline running from Coatzacoalcos, Veracruz, to Salina Cruz, Oaxaca and south to Central America.

International decisions on state and government action on the climate crisis, such as at COP-27 in Egypt, continue to affect the lives of hundreds of Indigenous communities to ensure the green growth of capitalism. In Mexico, discussions around energy are exclusionary and perpetuate the role of rural and Indigenous areas as providers of services and raw materials for industry. This applies equally to both fossil fuel and renewable technologies, as the industrial exploitation tactics are the same, implemented by the same fossil fuel companies, producers of waste and hoarders of goods and resources that have caused the current climate crisis.

While the projects that threaten our territory continue, our fight will continue. We will continue to insist that it is not up to anyone other than us to decide what happens on our land. Despite the pressure to abandon that which makes us a community, we will continue to maintain our identity. We know that our existence has been a thorn in the side of colonial interests for more than 500 years, and we will continue to be so.

While the projects that threaten our territory continue, our fight will continue

Bettina Cruz and Rosa Marina Flores Cruz

From the Isthmus of Tehuantepec we will continue our resistance against these projects on our territory, in defence of life and demanding respect for the free will and determination of Indigenous Peoples, particularly the Puente Madera community, who are standing up against the installation of the Industrial Park in the Interoceanic Corridor in their community lands.

Bettina Cruz is a Binnizá woman originally from Juchitán in the Isthmus of Tehuantepec region of the state of Oaxaca, Mexico. She has a degree in Agricultural Engineering from UNAM, a Master’s degree in Regional Rural Development from the Universidad Autónoma Chapingo and doctoral studies at the University of Barcelona, in Territorial Planning and Regional Development. In 2007 she was part of an organizational process for the defense of communal lands in the Isthmus, forming the APIIDTT. She is part of the National Indigenous Congress and since May 2017 is part of the Indigenous Council of Government.

Rosa Marina Flores Cruz is an Afrozapoteca woman from the Isthmus of Tehuantepec in the state of Oaxaca, Mexico, and a member of the Assembly of Indigenous Peoples of the Isthmus in Defense of Land and Territory and the Indigenous Futures Network. She holds a Master’s degree in Rural Development from UAM-Xochimilco and a Bachelor’s degree in Environmental Sciences from UNAM’s Morelia campus. She is currently studying Communication Sciences. Her work has focused on issues such as the climate crisis and environmental education, community resistance, green capitalism, and indigenous and community feminism.

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