Three More Bloggers in Vietnam Sentenced Under Infamous Article 258

The three sentenced bloggers. RFA photo.

The three sentenced bloggers. RFA photo.

Reporters Without Borders is denouncing the jail sentences recently handed down to three Vietnamese bloggers under criminal code article 258, which penalizes “abusing democratic freedoms.” The press freedom organization called the sentences ‘’clearly unjust’’ and stated that they are a violation freedom of information and expression.

Le Thi Phuong Anh, Do Nam Trung and Pham Minh Vu received sentences on February 12th ranging from 12 to 18 months in prison by a people’s court in the southern province of Dong Nai.

“We strongly condemn the court’s verdict and call for the immediately release of these jailed citizen-journalists,” said Benjamin Ismaïl, the head of the Reporters Without Borders Asia-Pacific desk.

“These harsh sentences show that the Communist Party does not fear the consequences of its violations of fundamental freedoms and human rights. To put pressure on the authorities, we urge the international community to react and to demand the release of all bloggers and citizen-journalists imprisoned in Vietnam.”

All media is state-run in Vietnam and dissent is not allowed. Many arrests of journalists and bloggers have come under Vietnam Penal Code article 258, which Human Rights Watch calls ‘’one of several vague and elastic legal provisions routinely used to prosecute people for exercising their right to freedom of expression.’’

Arrested while covering an anti-Chinese demonstration by South China Sea oil rig workers on May 15th, they were accused in connection with their Facebook posts about anti-Chinese protests and China’s violations of Vietnam’s territorial waters. The issue often gives rise to accusations by members of the public that Vietnam’s ruling Communist Party is too lax with China. In its verdict, the court said the bloggers had used their Facebook accounts to “disseminate content (articles and photos) that incited and led to anti-state demonstrations.”

Ruling that a total of 157 posts had “insulted the prestige of the state and Communist Party and undermined the trust of the people, especially workers, students and young people, in the Party,” the court sentenced Anh, Trung and Vu to 12, 14 and 18 months in prison respectively.

The authorities also confiscated two motorcycles, several mobile phones and cash from the bloggers, whose sentences reflect the increasingly tough line being taken by the authorities and their frequent use of article 258 to jail independent news providers.

The same article was used to strip the newspaper Nguoi Cao Tuoi (Elderly People) of its license on January 7th and initiate proceedings against its editor, Kim Quoc Hoa, who is facing possible dismissal. Hoa has received threats from the highest government level in the past in connection with his coverage of corruption involving senior officials.

Three days before the trial, Australian MP Bernie Ripoll sent a letter to Vietnam’s President Truong Tan Sang request to suspend the case, release the bloggers and respect the commitments under the International Covenant Civil Rights and Political Vietnam signed.

The Committee to Protect Journalists and several other human rights organizations have called for Vietnam to scrap the controversial article 258. The brief but powerful law states that:
1. Those who abuse the rights to freedom of speech, freedom of press, freedom of belief, religion, assembly, association and other democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens, shall be subject to warning, non-custodial reform for up to three years or a prison term of between six months and three years.
2. Committing the offense in serious circumstances, the offenders shall be sentenced to between two and seven years of imprisonment.

Vietnam, which is ranked 175nd out of 180 countries in the 2015 Reporters Without Borders press freedom index, saw its situation deteriorate in 2014. The index’s annual global indicator measures the overall level of violations of freedom of information in 180 countries year by year. Press freedom continues to decline. The country is the world’s second largest prison for bloggers and netizens, second only to China.

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Doctors Without Borders Resumes Much Needed Services in Myanmar’s Rakhine State

An MSF doctor gives a rehydration solution to a child with diarrhea at an MSF clinic in a refugee camp on the outskirts of Pauk Taw township, February 2013. Photo courtesy Kaung Htet / MSF.

An MSF doctor gives a rehydration solution to a child with diarrhea at an MSF clinic in a refugee camp on the outskirts of Pauk Taw township, February 2013. Photo courtesy Kaung Htet / MSF.

As Doctors Without Borders/Médecins Sans Frontières (MSF) resumes operation in Myanmar’s Rakhine State, tens of thousands of people are able to access basic health care and emergency referral from for the first time in over nine months. Following instructions from the Myanmar government to MSF Holland to cease activities last February, these primary health clinics restarted on December 17th, 2014 and have already made a big impact in less than two months. Yet, the medical humanitarian organization says there is a huge need to do more.

“We welcome the progress we have made so far, but stress there is space to do more, space we at MSF are willing and able to fill,” said Martine Flokstra, MSF Myanmar Operational Adviser in Amsterdam. “We hope to continue this dialogue with the authorities to ensure that those who need it most in Rakhine state are able to access the health care they need,” Ms. Flokstra added.

MSF provided me with an update regarding their progress since restarting work in Rakhine State.

Since MSF’s suspension from Rakhine in February 2014, MSF has gradually restarted activities in close collaboration with the Ministry of Health. On June 2th 2014, MSF was invited to provide medical staff, resources such as vehicles and medical supplies for the Ministry of Health Rapid Response Teams in Sittwe and Pauktaw Townships. MSF also restarted support to the Ministry of Health for HIV patients that were previously under MSF care before its suspension in February 2014.

Since December 17th 2014, MSF has been able to restart in three fixed primary health clinics and six other temporary clinic locations in Maungdaw Township.

Currently MSF is providing primary health care and HIV treatment and care services in four townships: Maungdaw (HIV and primary health care), Buthidaung (HIV), Sittwe (primary health care) and Pauktaw (primary health care). MSF also provides referral support through a speedboat for use by the Ministry of Health for life saving referrals throughout all townships in central and northern Rakhine.

MSF conducts a mobile clinic at Sintemaw IDP camp, Rakhine state, Myanmar. Photo courtesy Aye Pyae Sone / MSF.

MSF conducts a mobile clinic at Sintemaw IDP camp, Rakhine state, Myanmar. Photo courtesy Aye Pyae Sone / MSF.

Since restarting these primary health clinics on December 17th MSF has done about 6,700 outpatient consultations, seeing predominantly people with watery diarrhea, respiratory infections, and patients with chronic conditions who used to get the medications they need to manage their disease from MSF before those services were suspended. The teams have also conducted more than 2,394 consultations for reproductive health, including ante-natal and post-natal care as well as family planning.

Despite being required to suspend activities in Rakhine last February by the authorities, MSF Holland has been working with the Ministry of Health in Rakhine since last July, providing medicine and personnel to support mobile primary health care teams in Sittwe and Pauktaw Townships, and has continued its support of HIV patients in Buthidaung and Maungdaw. Throughout this period MSF also continued to provide direct care and treatment to more than 35,000 HIV/AIDS patients, and more than 3,000 tuberculosis patients, most of whom are also HIV positive, across Myanmar.

MSF has worked in Myanmar since 1992 and currently has medical projects in Rakhine, Shan and Kachin states, the Tanintharyi region, and in Yangon. MSF offers services including basic health care, reproductive care, emergency referrals, and malaria treatment.

In February 2014, MSF received a written order from the Burmese government to cease all operations in the country, which led to a full closure of all Dutch MSF clinics. This act left patients confused and desperately concerned across the whole country and has human rights organizations concerned about the escalating humanitarian health crisis in Rakhine state. Ongoing conflict, forced displacement and poverty have all had an impact on the general health of people living in certain parts of Myanmar.

MSF has a long history of working in Myanmar, focusing on serving populations within the country that otherwise would not be able to access health care. This includes approximately 30,000 people living with HIV/AIDS, several thousand living with TB and members of marginalized groups such as the Rohingya.

During one recent camp clinic, 40 percent of the children under five years of age that MSF saw were suffering from acute diarrhea. “Our children are dying from diarrhea,” said one man in a displacement camp in Pauktaw Township. “We all have diarrhea. We need more health care. Our latrines are full. We can only dig holes up till 40 centimeters [deep] and then we hit the salty water, so what should we do? The nearest source of water where we dare to go is 40 minutes by canoe.”

In one of MSF’s largest programs in any country, teams have been working across Rakhine for nearly 20 years, providing primary and maternal health care and treating diseases such as malaria, HIV/AIDS and tuberculosis (TB). Since 2005, MSF has treated more than 1.2 million people from all ethnic groups in Rakhine State for malaria. Rakhine is Myanmar’s second-poorest state and has historically received less investment in health care than other areas of the country. Over the years, MSF has treated hundreds of thousands of people across the state.

Violence and displacement have worsened the harsh living conditions that many people in Rakhine were already enduring and further limited their access to health care. The stateless Rohingya lack basic rights and freedoms and are subjected to severe restrictions and abusive treatment. Their health situation has been unacceptably poor for years.

For many years, malnutrition and maternal and primary health care needs have been particularly acute in the community, while gaps in official health care services have been more pronounced in areas where Rohingya live.

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North Korea Lacks Allies While Deplorable Rights Record Is On Display

North Korean leader Kim Jong-Un (C) visits the Ministry of State Security in Pyongyang to congratulate security personnel during the founding anniversary of the security institution in an undated photo. AFP Photo/KCNA via KNS

North Korean leader Kim Jong-Un (C) visits the Ministry of State Security in Pyongyang to congratulate security personnel during the founding anniversary of the security institution in an undated photo. AFP Photo/KCNA via KNS

As officials in Moscow confirm that a North Korean leader plans to visit Russia in May, Human Rights Watch says that Kim Jong-Un and senior members of his government should be held accountable for overseeing grave rights abuses and crimes against humanity.

The spring visit would be the first overseas trip for Kim since coming into power in 2011. Festivities are planned to commemorate the 70th anniversary of the Soviet victory over Germany in World War II. Chinese president Xi Jinping is expected to attend; US President Barack Obama and South Korean President Park Geun-Hye have also been invited but not confirmed.

Kim may be looking ahead to form allies to avoid prosecution by the International Criminal Court. North Korea’s relations with China have chilled recently after its third nuclear tests. The United Nations Security Council would have to pass a resolution referring North Korea to the ICC. Russia is a permanent member of the Security Council, and is a potential veto, along with China.

Russian officials have not specified by name that it will be Kim Jong-Un who will attend. On Wednesday, Yonhap news agency quoted the office of the Kremlin spokesman Dmitry Peskov as confirming via email that “About 20 state leaders have confirmed their attendance, and the North Korean leader is among them.”

The United Nations Commission of Inquiry (COI) found that crimes against humanity are ongoing in North Korea. In releasing its findings in February 2014, the COI said a grim array of human rights abuses, driven by “policies established at the highest level of State,” have been and continue to be committed in DPNK, including extermination, murder, enslavement, torture, imprisonment, rape, forced abortions, and other sexual violence, persecution on political, religious, racial and gender grounds; the forcible transfer of populations, enforced disappearances and knowingly causing prolonged starvation.

“Kim Jong-Un’s power is built on the continued abuses inflicted on the North Korean people because he sits at the helm of a central government apparatus that uses public executions, extensive political prison camps, and brutal forced labor to maintain control. What’s changed is the international community has now finally recognized the need to bring him before an international tribunal to address those unspeakable crimes,” Phil Robertson, deputy Asia director at Human Rights Watch, said Friday.

In March, the Human Rights Council (HRC) adopted a resolution supporting the COI’s findings and, in November, the third committee of the UN General Assembly followed suit by approving a resolution by a resounding vote. On December 18th, the entire UN General Assembly approved that resolution. The COI and the HRC urged the UN General Assembly to formally submit the report to the Security Council. The resolution said that the Security Council should refer North Korea to an international criminal court for possible prosecutions of its leaders, and to consider imposing targeted sanctions against those most responsible for abuses.

Following the vote, for the first time ever, North Korea’s grave human rights situation was taken up as a standing agenda item by the UN Security Council.

In the release of its World Report 2015 released Thursday, Human Rights Watch said that the North Korean government denies basic freedoms in the country and operates a network of political prisons and forced labor camps that systematically brutalize and often result in the deaths of those the government accuses of crimes.

“Now, at long last, the human rights crimes of the North Korean government are in the spotlight and no one can deny the horror North Koreans are experiencing,” said Robertson. “It’s time for justice for the North Korean people – meaning that governments around the world need to put human rights front and center in all their dealings with the rulers in Pyongyang.”

A map showing selected prison camps in North Korea. Graphic courtesy the Committee for Human Rights in North Korea.

A map showing selected prison camps in North Korea. Graphic courtesy the Committee for Human Rights in North Korea.

The North Korean government continues to practice collective punishment by sending an offender and three generations of his family to political prison camps, known as kwan-li-so. The living conditions are horrific and the abuses include induced starvation, lack of medical care, proper shelter and clothes, torture and abuse by guards and forced labor in dangerous conditions.

In October, a North Korean United Nations diplomat publicly acknowledged that “reform through labor” centers exist in North Korea where “people are improved through their mentality and look on their wrongdoings.” But Pyongyang still denies kwan-li-so camps operate in the country.

Robert King, the US Special Envoy for North Korean Human Rights speaking in Brussels January 21st before the European Parliament Subcommittee on Human Rights, said that the ‘’COI report was a very important step, but it is not the end. It has created momentum for the international community to continue to focus on D.P.R.K. abuses.” He commended the establishment of a field office under the Office of the UN High Commissioner for Human Rights to preserve and document evidence of atrocities in order to enable future accountability. ”South Korea has agreed to host this office…[which] will play an important role in maintaining visibility on the ongoing human rights abuses in the North. We expect to see this office open in the next two months so that it can continue to build upon the foundation established by the Commission,’’ he said.

King added that the only way for North Korea to end its isolation is by abandoning its current course and observing international laws and obligations. ‘’Ultimately, we will judge the North not by its words, but by its actions — the concrete steps it takes to address the core concerns of the international community, from its nuclear program to its human rights violations,’’ he said.

For the past ten years, the DPRK has ignored human rights resolutions and reports of the Human Rights Council and the General Assembly. International pressure is mounting, however, and we may be seeing signs that the regime is starting to scramble in an attempt to appear cooperative and find allies. The North Korean government recently invited the European Union to visit the North Korea. In the lead up to the UNGA resolution vote, North Korea invited the UN Special Rapporteur and the UN High Commissioner for Human Rights to visit, but withdrew these offers after the critical General Assembly resolution was adopted. North Korea responded to the resolution by threatening a fourth nuclear test.

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New Charges Against Peaceful Protesters in Myanmar

On January 20th, a new charge was brought against six human rights defenders in Myanmar for staging an unauthorized protest in violation of Article 18 of the Peaceful Assembly and Peaceful Procession Law. They have been charged with various offenses, including protesting without permission, and have been held in detention since their arrest on December 30th 2014 for participating in a peaceful protest against the shooting and killing of a protester the week before.

Daw Naw Ohn Hla, Daw Sein Htwe, Daw San San Win, Ko Nay Myo Zin,  Ko Tin Htut Paing and Ko Thant Zin are environmental rights defenders who have been instrumental in calling for the suspension of the controversial Chinese-backed Letpadaung copper mining project in Sagaing region, which they believe is harming the environment. Villagers have protested the project over the lack of fair compensation for their confiscated lands as well as environmental destruction and defilement of religious structures.

On December 30th 2014, human rights activists Daw Naw Ohn Hla, Daw Sein Htwe, U Nay Myo Zin and Ko Tin Htut Paing were arrested for participating in a peaceful protest in front of the Chinese Embassy in Yangon, Myanmar’s largest city, the day before. They were among around 100 protesters calling on the Myanmar authorities to carry out an investigation into the death of Khin Win. She was shot dead on December 22nd when police opened fire on her and other protesters demonstrating against land being taken over for the Letpadaung copper mine project in Sagaing region.

The six human rights defenders were informed of the fresh charge when they appeared in the second hearing of the trial against them. The charge relates to their participation in a protest of approximately 100 people in front of the Chinese Embassy in Yangon on December 30th 2014. Daw Naw Ohn Hla, Daw Sein Htwe, Ko Nay Myo Zin and Ko Tin Htut Paing were arrested at the demonstration and Daw San San Win and Ko Thant Zin presented themselves to the authorities and were detained on January 13th and 20th 2015.

The defenders are currently being detained in Insein prison in Yangon, and have been accused by the Dagon Township Court of committing violations of the Penal Code, including publishing or circulating information which may cause public fear or alarm and may incite persons to commit offences “against the State or against the public tranquillity” (Section 505(b)); assaulting or preventing a public servant from the discharge of his duty (Section 353); rioting (Section 147); doing obscene acts in public (Section 294); and “intimidation” (Section 506). If convicted on all charges, they face a possible sentence of over eight years’ imprisonment.

Daw Naw Ohn Hla has faced ongoing judicial harassment due to her opposition to the mining project. She was given an award from the N-Peace Network along with other Asian peace activists at a ceremony in Bangkok on October 24th 2014. N-Peace, a network of peace advocates in Asia honored Daw Naw Ohn Hla for her work to advance women, peace and security.

International human rights organization Front Line Defenders is concerned at the detention and charging of the six defenders and says the charges are directly related to their environmental rights activities.

The organization is urging the authorities in Myanmar to immediately drop all charges against, and unconditionally release them. Front Line Defenders believes that they are being held solely as a result of their legitimate and peaceful work in the defense of human rights.

Amnesty International is also calling on the Myanmar authorities to immediately and unconditionally release and drop the charges against them. The organization is urging the authorities to ensure that they are not tortured or otherwise ill-treated; that they have regular access to family members and lawyers of their choosing; that they are not transferred to remote prisons; and are provided with any medical treatment which they may require.

In addition, Amnesty calls on Myanmar authorities to conduct a ”prompt, thorough, impartial and effective investigation into the killing of Khin Win’’ and other allegations that police used excessive force against the Letpadaung protesters and bring those responsible for human rights violations to justice in trials which meet international standards of fairness, without recourse to the death penalty.

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Laos Must Immediately Act on Human Rights, End Disappearances

A 2005 photo of Sombath Somphone in the Philippines. Photo courtesy his family.

A 2005 photo of Sombath Somphone in the Philippines. Photo courtesy his family.

The government of Laos should take the opportunity to pledge concrete measures to address its pervasive human rights problems as the United Nations Human Rights Council reviews that country’s record, rights groups say.

Laos will appear for the country’s second Universal Periodic Review on Tuesday at the UN Human Rights Council in Geneva.

The International Service for Human Rights (ISHR) says that this represents an important opportunity for Laos to strengthen its commitment to human rights at home, by guaranteeing the freedom and protection of civil society through official provisions.

In a June 2014 submission to the council, Human Rights Watch raised concerns about the enforced disappearance of civil society leader Sombath Somphone, severe restrictions on fundamental freedoms to expression and assembly, the denial of labor rights and abusive drug detention centers.

“The lack of progress in the disappearance of a leading activist is sadly emblematic of the Lao government’s failure take action on a wide range of serious human rights problems,” said Philippe Dam, acting Geneva advocacy director at Human Rights Watch. “UN member countries should make clear their dissatisfaction with Laos’ inaction and insist upon genuine reform.”

There are serious risks facing HRDs, according to ISHR. The climate of fear and intimidation is such that sensitive topics are avoided. Human rights defenders prefer to be known as ‘community workers’ and are afraid of reprisals if they are associated with regional and international human rights organisations. There are at least nine unresolved cases of enforced disappearance, following the arbitrary detention by Laos’s security forces, in November 2009, of activists in various locations across the country.

The International Federation for Human Rights and Laos Movement for Human Rights expressed their deep disappointment that Laos completely ignored the recommendations made by the European Union regarding enforced disappearances, and says that Laos ‘’has failed to respect the international treaties that it has signed or ratified, as well as several provisions of the Universal Declaration of Human Rights.’’

Defamation and misinformation are criminal offences, carrying lengthy prison terms and even the possibility of execution. Due to high levels of official and self-censorship, legal cases are in fact extremely rare.

According to the United States Department of State’s Country Reports on Human Rights Practices for 2013, authorities may prohibit the dissemination of materials the Ministry of Information and Culture deemed indecent, subversive of ‘national culture’, or politically sensitive. Any person found guilty of importing a publication considered offensive to the national culture may face a fine or imprisonment for up to one year.

Defenders working on land and environment rights are particularly threatened. Margaret Sekaggya, the UN Special Rapporteur on human rights defenders from 2008-2014, expressed her concern about cases of land rights defenders in the country, who remain at risk of arbitrary detention, ill-treatment and enforced disappearance as a result of exercising their rights to freedom of peaceful assembly, of association and of expression.

Civil society activists told Human Rights Watch that the Sombath case has had a severe chilling effect on activism in Laos, which has made them fear raising the case with the authorities.

Despite having accepted relevant recommendations during its previous UPR, Laos signed in 2008, but has not ratified, the International Convention for the Protection of all Persons from Enforced Disappearance, which rights groups say Laos must do. Enforced disappearances violate a range of fundamental human rights protected under the International Covenant on Civil and Political Rights (ICCPR), which the government has ratified, including prohibitions against arbitrary arrest and detention; torture and other cruel, inhuman, or degrading treatment; and extrajudicial execution.

Lao authorities’ have not made progress in the enforced disappearance of prominent civil society leader and Magsaysay award winner Sombath Somphone in Vientiane in December 2012. Although closed-circuit television (CCTV) footage captured him being apprehended at a police checkpoint, Lao authorities have recently claimed someone other than Sombath was shown being driven away. They continue to refuse offers of technical assistance from governments to assess the video footage or provide other investigative support.

Human Rights Watch says that Laos is obligated under international human rights law to prevent and remedy any enforced disappearances. Despite widespread calls for accountability, both regionally and internationally, questions about the enforced disappearances are met with denials or silence by senior officials of the Lao government.

ISHR recommends that the Government of Laos immediately establish an independent commission to carry out a thorough, transparent and impartial investigation into the disappearance of Sombath Somphone, to make his fate and whereabouts known, and to bring those responsible to justice.

The Constitution of Laos guarantees the right to freedom of expression. In practice, however, this right is heavily restricted. The government has long controlled all newspapers, television and radio in the country, and bars media reporting if it considers it contrary to undefined “national interests” or “traditional culture and dignity.” On January 27th 2012, the Ministry of Information, Culture and Tourism ordered Ounkeo Souksavanh, host of the country’s only call-in radio show, ‘Wao Kao’, to cancel his program. Ounkeo had discussed sensitive topics with callers to the show, including government land seizures.

The Penal Code prohibits organizing or participating in protest marches or demonstrations ‘with the intention of causing social disorder’. Those who do organize protests, or who attempt to do so, can receive sentences of up to five years in prison.

In September 2014, the Lao government adopted a draconian Internet decree that significantly restricts freedom of expression online using provisions that go well beyond internationally accepted limits on free speech contained in article 19 of the International Covenant on Civil and Political Rights, which Laos ratified in 2009.  The law sharply limits the types of information that can be shared — including “false information” about the ruling Lao People’s Revolutionary Party, or any information the government finds “distorts truth or tarnishes the dignity and rights of individuals, sectors, institutions and organizations.”

Workers are prohibited from establishing or joining a trade union of their own choosing since all unions must be part of the government-controlled Lao Federation of Trade Unions. They are also unable to exercise their right to strike because of restrictions in labor law and authorities’ proven willingness to forcibly break up workers’ protests.

Laos has also tightened government control in the operating guidelines for the Non-Profit Associations (NPAs), local civil society organizations, as well as the decree overseeing the activities of international NGOs. These increase requirements for notification and permission to receive or spend international development funds; limitations on areas of permitted work; and limitations or prohibitions on any speech or activities deemed to offend government-defined notions of peace and social order. The result will be greater bureaucratic scrutiny over programs and budgets of non-governmental groups working in development and other grassroots projects in the country, Human Rights Watch says.

The Lao government maintains a system of drug detention centers where detainees are held for months and sometimes years without a court ruling, judicial oversight, or an appeal mechanism. Human Rights Watch found that detainees at the Somsanga center outside Vientiane received little effective medical treatment, and were instead locked in cells inside barbed wire compounds, and subjected to beatings.

“The Lao government has a long record of using enforced disappearances, oppressive laws, and long prison terms to silence its critics,” Dam said. “Governments should use the opportunity of UN review of Laos to make clear they stand with ordinary citizens against the abuses by unaccountable Lao officials.”

The Special Rapporteurs on freedom of expression, human rights defenders, independence of judges and lawyers, and torture received reports of alleged torture by detention personnel, denial of legal aid for detained human rights defenders and refusal of their requests to meet with family and lawyers.

In its last Universal Periodic Review in May 2010, Lao People’s Democratic Republic (Laos) received a total of eight recommendations with respect to human rights defenders (HRDs), five regarding the right to the freedom of assembly and expression, and three regarding the free activities and safety of civil society, in particular calls to free activists detained owing to their participation in peaceful demonstrations. Laos accepted only one of these recommendations, committing to allow media and civil society to undertake education, advocacy, monitoring, and reporting of human rights issues.

Laos also has not taken significant steps to meet commitments the government made during its first Universal Periodic Review in 2010, Human Rights Watch said. The government has failed to end severe restrictions on the rights to freedom of expression and the media, association and peaceful assembly.

ISHR says that Laos should develop and enact specific laws and policies to recognise and protect the work of HRDs, facilitate the establishment of non-governmental organisations and give full force and effect to the international Declaration on Human Rights Defenders at the national level. Laos should demonstrate strong, high-level political support for HRDs through public statements by its officials which recognize their important and legitimate work.

Additionally, Laos should combat impunity by undertaking a thorough, impartial, and effective investigation of all allegations of enforced disappearances and all violations against HRDs, and ensure the prosecution of perpetrators and access to effective remedies for victims.

The government should also address the on-going repression of civil and political rights, including freedom of expression, association and peaceful assembly, to ensure protection of all human rights defenders and members of civil society. Specifically, Laos should remove restrictions in the Penal Code on freedom of expression and peaceful assembly, should decriminalize defamation and misinformation, and should repeal the law which restricts online communications.

Finally, ISHR recommends that Laos ensure the creation of a strong, independent National Human Rights Institution, which adheres to the Paris Principles and includes a focal point for HRDs.

Laos is ranked in 171st place out of 180 in Reporter’s Without Borders’ 2014 Press Freedom Index.

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EU Must Pressure Vietnam on Human Rights During Upcoming Dialogue

The European Union (EU) should use upcoming talks with Vietnam to demand that Hanoi urgently address serious human rights violations, rights groups said Friday. The International Federation for Human Rights (FIDH) and the Vietnam Committee on Human Rights (VCHR) made the call ahead of the fifth EU-Vietnam Human Rights Dialogue, which is scheduled to begin January 19th in Brussels as Vietnam continues to repress human rights defenders who suffer ongoing harassment, arbitrary detention and imprisonment.

“As the human rights situation in Vietnam shows no signs of improvement, the EU must use the dialogue to present clear, measurable, and time-bound recommendations for the Vietnamese government to implement,” said FIDH President Karim Lahidji.

The organizations say that EU recommendations must include an end to the harassment and arbitrary arrest of bloggers, activists, religious followers, and human rights defenders as well as the immediate and unconditional release of all political prisoners.

In 2014, Vietnam detained or imprisoned at least 12 bloggers and human rights defenders and it currently holds about 200 political prisoners, the largest number in Southeast Asia, the largest number in Southeast Asia.

Towards the end of 2014, Vietnamese authorities intensified the crackdown on freedom of expression with the arrest of three prominent bloggers. Hong Le Tho and Nguyen Quang Lap were detained on November 29th andDecember 6th, respectively, under Article 258 of the Criminal Code for “abusing democratic freedoms to infringe upon the interests of the State.” On December 27th, Nguyen Dinh Ngoc was arrested for “illegal activities” and detained on unspecified charges. Many activists were also harassed and assaulted by covert security agents for reporting human rights abuses, including independent journalist Truong Minh Duc in November 2014.

Vietnam is ranked 174th out of 180 countries in the 2014 Reporters Without Borders press freedom index. According to Reporters Without Borders (RSF), Vietnam is the world’s second biggest prison for bloggers and cyber-dissidents, after China. It is also on RSF’s list of Enemies of the Internet because of its persecution of bloggers and cyber dissidents.

The organizations say the EU must also demand that Vietnam urgently repeal or amend various provisions of the Criminal Code that authorities continue to use to imprison peaceful dissidents. In addition to Article 258, other draconian provisions that are not in line with international law include: Article 79, which sanctions “activities aimed at overthrowing the people’s administration”; Article 87, which punishes activities “undermining national solidarity, sowing divisions between religious and non-religious people”; and Article 88, which outlaws “conducting propaganda against the Socialist Republic of Vietnam.”

With regard to economic, social, and cultural rights, the EU must urge Vietnam to implement all the recommendations made by the UN Committee on Economic, Social, and Cultural Rights (CESCR) on December 15th 2014. The CESCR’s concluding observations echoed the findings and recommendations contained in a report that documented serious and ongoing jointly released by FIDH and VCHR on 11 November 2014 violations of economic, social and cultural rights in Vietnam.

The CESCR denounced the absence of effective and accessible remedies for victims of violations of economic, social, and cultural rights. It expressed concern over the intimidation of individuals who claimed violations of their rights, such as those protesting against forced evictions or poor working conditions. The CESCR also deplored the widespread economic exploitation of children and the adverse impact of development programs on the enjoyment of economic, social, and cultural rights by ethnic minorities.

The CESCR called for the establishment of a national human rights institution that complies with the Paris Principles and the creation of an enabling environment for the free establishment and functioning of independent civil society organizations. It urged Vietnam to improve worker rights by removing excessive restrictions on the right to strike, enabling citizens to form and join trade unions of their choice, and repealing legislation that authorizes child labor.

“The UN Committee’s conclusions are significant because they underscore the link between economic activities and human rights abuses in Vietnam,”said VCHR President Vo Van Ai. “In an effort to strengthen economic relations and regain its position as Vietnam’s biggest export market, the EU must not overlook the serious human rights violations that continue to take place in the country.”

On August 7th 2014, FIDH and VCHR filed a complaint to the EU Ombudsperson to demand that the office address the European Commission’s refusal to take human rights into account in negotiations for trade and investment agreements with Vietnam. As a result of the complaint, the EU Ombudsperson formally opened a case on September 3rd 2014.

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Myanmar Must Amend Citizenship Law, End Discrimination Against Rohingya Muslims

An overpopulated IDP camp outside Sittwe. Tens of thousands of Rohingya who fled their homes in June 2012 now reside in such camps. The government constructed semi-permanent shelters in some camps, raising concerns about the government’s willingness to respect the rights of the displaced persons to return home. © 2012 Human Rights Watch

An overpopulated IDP camp outside Sittwe. Tens of thousands of Rohingya who fled their homes in June 2012 now reside in such camps. The government constructed semi-permanent shelters in some camps, raising concerns about the government’s willingness to respect the rights of the displaced persons to return home.
© 2012 Human Rights Watch

The government of Myanmar should comply with the United Nations’ call to allow Rohingya Muslims to be citizens, Human Rights Watch said Wednesday. In a letter to President Thein Sein, the human rights organization expressed serious concerns about the treatment of Rohingya Muslims and says that the said that the practice of depriving citizenship is discriminatory and contributes to long-standing human rights abuses.

The 1982 Citizenship Law must be amended to grant full citizenship rights to Rohingya on the same basis as all other ethnic groups in the country, Human Rights Watch said. On December 29th 2014, the UN General Assembly adopted a resolution calling on the Burmese government to amend the 1982 Citizenship Law so that it no longer discriminates against the Rohingya.

Successive Burmese governments, including the current administration of Thein Sein, have used the law to deny citizenship to an estimated 800,000 to 1.3 million Rohingya by excluding them from the official list of 135 national races eligible for full citizenship. The effective denial of citizenship to Rohingya has resulted in various human rights violations against them, including restrictions on the right to freedom of movement, discriminatory limitations on access to education, arbitrary detention and taxation, forced labor, and arbitrary confiscation of property, Human Rights Watch says.

“Burma’s discriminatory citizenship law not only deprives Rohingya of citizenship, but for decades has encouraged systematic rights violations,” said Brad Adams, Asia director. “Amending the law to bring it in line with international standards is the first step for resolving this long-standing human rights abomination.”

The UN resolution also called on the Burmese government to take measures to conduct independent investigations into rights abuses, to ensure that the Rohingya can safely return to their communities, “and to promote peaceful coexistence.” Human Rights Watch said that the resolution is a powerful reminder that the international community will continue to take the treatment of the Rohingya very seriously.

A Rohingya family at the "unregistered" IDP site known as Ohn Taw Gyi, or the "coconut garden,” prepares locally gathered plants to eat. They are facing food shortages because the government does not permit humanitarian agencies to deliver aid to thousands of displaced who are not registered in official IDP sites. Photo © Steve Sanford/Human Rights Watch.

A Rohingya family at the “unregistered” IDP site known as Ohn Taw Gyi, or the “coconut garden,” prepares locally gathered plants to eat. They are facing food shortages because the government does not permit humanitarian agencies to deliver aid to thousands of displaced who are not registered in official IDP sites. Photo © Steve Sanford/Human Rights Watch.

The Burmese government should request assistance from the UN to amend the citizenship law to meet international standards, Human Rights Watch says. This would include providing Rohingya full citizenship on a non-discriminatory basis and ensuring that children are never made stateless. The category of “associate citizen” and other forms of second-class citizenship that give local officials legal tools and bureaucratic latitude to deny minority groups their full rights should promptly be eliminated.

“The appalling treatment of the Rohingya is a major blight on the Burmese government’s efforts to bring human rights reform,” Adams said. “Failing to redress the misery inflicted by government policies on the Rohingya is a recipe for prolonged repression.”

Sectarian violence between ethnic Arakanese Buddhists and Rohingya and other Muslims erupted twice in 2012, leading to approximately 167 deaths and widespread property destruction. A second round of violence in October 2012 resulted in government-backed crimes against humanity amounting to a campaign of ethnic cleansing aimed to drive the Rohingya from urban areas of Arakan State.

There are currently approximately 145,000 displaced people in camps in Arakan State, according to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the majority in Sittwe township. Many Rohingya have been receiving only rudimentary and inadequate assistance due to government restrictions and Arakanese ultra-nationalist intimidation against international aid workers.

The March-April 2014 census conducted by the Burmese government with assistance from the United Nations Population Fund did not enumerate people who self-identified as Rohingya. Preliminary results released in August estimated that 1.09 million people were not counted.

In response to the prolonged displacement, the government formulated a draft Rakhine Action Plan, which was disclosed by the media in September 2014. The plan contained discriminatory provisions that could, if enacted, ensure long-term segregation of displaced Rohingya and enshrine statelessness as a national policy. Months after a promised release, the Rakhine Action Plan has yet to be made publicly available, which adds to concerns in affected communities.

Thein Sein needs to ensure that any “action plan” to address displacement and other humanitarian issues in Arakan State does not include forced relocation, segregation of ethnic groups, or measures in violation of international human rights law. Instead, the government should establish conditions and provide the means to allow displaced persons to return voluntarily, in safety and with dignity, to their homes or other places of voluntary resettlement.

“The Burmese government is planning policies that will enshrine permanent segregation and denial of basic freedoms for the Rohingya,” Adams said. “Concerned governments shouldn’t be playing along with this charade, but insisting on the granting of full citizenship on the basis of equality under the law.”

Human Rights Watch has long documented serious abuses of Rohingya in Myanmar, including ethnic cleansing and crimes against humanity.

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Facebook Under Fire for Deleting Tibetan Video

Mark Zuckerberg shows Lu Wei a book by Xi Jinping (inset) neatly laid out on his desk. Facebook users are reading something into it. Photo:

Mark Zuckerberg shows Lu Wei a book by Xi Jinping (inset) neatly laid out on his desk. Photo:

The International Campaign for Tibet (ICT) says that Facebook is denying Tibetans the right to be heard by banning videos posted by Tibetans to the social media site. Facebook came under fire January 2nd when the ICT launched a petition to CEO Mark Zuckerberg after a video of a self-immolation in Tibet posted by a prominent Tibetan writer was deleted. The company has responded but the ICT says that it is not enough and that the company must restore the video to its site.

On December 26th, Tibetan writer and activist Tsering Woeser used her Facebook page to post a report and video of a Buddhist monk’s self-immolation in Tibet, Kalsang Yeshi. Within hours, Facebook deleted the post because it allegedly violated the social media giant’s “community standards.” Four days later, Liao Yiwu, a Chinese writer who has been based in Berlin for the last four years, was locked out of his Facebook account, after posting photographs of a mostly-nude protester.

The two incidents follow a visit of China’s Internet chief Lu Wei to Facebook CEO Mark Zuckerberg at the Facebook offices in the U.S. earlier in December 2014. Photos were posted of Lu Wei, who heads up China’s systematic internet censorship operation to block information, with the Facebook CEO, who has a book by Xi Jinping prominently placed on the desk. There is speculation that Zuckerberg is trying to win favor with Chinese government officials in hopes of expanding his business to China.

ICT President Matteo Mecacci posted his concerns regarding the deletion on his blog: ‘’Thinking about the sense of loss and of desperation suffered by the communities and families of these Tibetan men and women is deeply saddening and should be a wake-up call for all of us: we must tell China that enough is enough.’’

ICT President Matteo Mecacci in a photo courtesy ICT.

ICT President Matteo Mecacci in a photo courtesy ICT.

Meccaci further explained “Over the last years, Facebook has been a formidable digital platform allowing millions of people to freely share information online. The existence of freedom of expression on any media can be fully assessed only when social and political activism is taken into account. China’s ban on Facebook reflects that so far the social media’s giant had refused to apply the censorship standards typical of China’s social media. It was therefore worrying to see a video posted by Woeser about Kalsang Yeshi’s self immolation deleted by Facebook, as other recent interference with individual accounts. We are seeking a full explanation and calling on Facebook to fully uphold the freedom of expression that has become an integral part of its “brand”.

On Tuesday, Debbie Frost, Vice President for International Communications and Public Affairs at Facebook posted a response on Mecacci’s blog stating ‘’Facebook has long been a place where people turn to share their experiences, particularly when they’re connected to controversial events. Where such expression involves graphic videos, it needs to be shared responsibly, so that younger people on Facebook do not see it, and it doesn’t appear without warning in peoples’ News Feeds. While we continue to work on ways of giving people ways to share graphic expression responsibly, we will remove video content of this nature from our service. 

We took the action in question because of violations of our Community Standards. These standards apply to everyone who uses our service regardless of where there are located. Any suggestion that we took action because of politics, philosophy or theoretical business interests is completely false.”

Facebook has also come under pressure from the Kremlin, leading commentators to warn of the “end of the Facebook revolution”. A week before deleting Tsering Woeser’s post, Facebook blocked an announcement inviting Muscovites to attend a rally this month in support of anti-corruption activist Alexei Navalny, who is under house arrest and about to be sentenced to a long prison term on trumped-up charges.

In 2014, there were 11 self-immolations in Tibet. These self-immolations, like the other 125 to have taken place since 2009, did not injure anyone else. No Chinese official, business or passerby has ever been hurt by these tragic sacrifices, which have sought to try to bring the attention of the outside world to the situation in Tibet and to ask for the return of the Dalai Lama. Despite these deliberate choices to carefully avoid hurting anybody or anything, over 100 Tibetans (many of them friends or family of the self-immolators) have been sentenced to prison terms for “inciting” or “cooperating” with self-immolators, adding shades of illegal and repulsive collective punishment to these tragic losses. Notably, in 2014, almost all 11 self-immolations took place near either a local government office or a local police station.

Meccai said that he welcomed the decision by Facebook to respond and that he appreciates ‘’the opportunity to have a dialogue on a critical issue that has raised the concerns of Facebook users and many other citizens. At the same time, I believe that this response misses the main point that led us to take the decision to launch this petition.’’

He also said that ‘’The point is that the existence of freedom of expression can be seriously assessed only when ‘controversial’ issues, and in particular social and political events, are considered. Strong emotions can be stirred up in the political arena, and only there can the respect of freedom of expression, and its limits, can be properly evaluated.

Now, clearly, a public self-immolation is an inherently political action (whether or not one agrees with this kind of action is not the point under discussion here) and although the images can be very graphic and disturbing, the decision to ban or delete such videos from Facebook is not purely a technical choice, but rather a very serious political decision.

The International Campaign for Tibet’s petition, quickly signed by almost 8,000 people from all over the world, calls on Facebook to consider these videos for what they are: a tragic call for attention by people who have no freedom of expression and who are crying for the help of the outside world to end China’s repression in Tibet.’’

He stressed that Facebook operates in the so-called free world and these individuals are taking these actions in a closed society precisely so the free world will take note and do something to intervene.

Meccaci said it was disturbing after the head of the Chinese internet censorship machine was welcomed at Facebook headquarters and Facebook CEO Mark Zuckerberg publicly praised a book of speeches by Chinese Communist Party leader Xi Jinping, telling his staff that “I want them to understand socialism with Chinese characteristics”, according to Meccaci.

If Facebook wants to be believed when saying that “Any suggestion that we took action because of politics, philosophy or theoretical business interests is completely false,” Meccaci insists that it has only one simply way to prove it: restore the video on Woeser’s account.

‘’If you wish, as we do, you can add a warning about the graphic images for the viewers to see, so they can make an informed choice. Deleting it is not really the way to go,’’ he said.

You can view the ICT’s petition here.

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Chinese Scholar Who Helped Chen Guangcheng Escape Formally Arrested

Guo and Pan in a photo posted to Pan Haixia’s Sina Weibo on November 7th 2014.

Guo and Pan in a photo posted to Pan Haixia’s Sina Weibo on November 7th 2014.

Chinese scholar and human rights defender Guo Yushan was formally arrested on charges of “illegal business activity” in Beijing on January 3rd. Guo Yushan was instrumental in aiding blind activist Chen Guangcheng to escape from brutal house arrest in 2012 and flee to the US Embassy. Guo is being held in Beijing’s No.1 Detention Center, where he has been since he was initially detained by police on October 9th 2014. It is unknown what the charges relate to.

Guo Yushan is the founder of the Transition Institute, an independent think tank in Beijing which focuses on political and economic liberalization, and carries out research on civil society in China. The Transition Institute, founded in 2007, has carried out investigations in the fields of fiscal reform, local elections, legal reforms, business regulations, citizen participation and education rights.

Before founding the Transition Institute, Guo Yushan was also a co-founder of Gongmeng (also known as the Open Constitution Initiative) alongside fellow human rights defenders Xu Zhiyong and Teng Biao. Gongmeng provided legal support to activists campaigning for political representation, land rights, migrant rights and other reforms. Gongmeng was declared illegal in 2009 and earlier this year Xu Zhiyong was sentenced to four years imprisonment for his work with the New Citizens Movement.

Human rights organization Front Line Defenders on Tuesday expressed its concern at the arrest of Guo Yushan, which it says is solely related to his peaceful and legitimate human rights activities.

In the early hours of October 9th 2014 Guo Yushan was taken from his home by police in Beijing and was detained on suspicion of “picking quarrels and provoking troubles” , a charge often used to silence critics.

At approximately 2am on October 9th, around twelve police officers reportedly arrived with a warrant at the home of Guo Yushan in Beijing. In addition to detaining the human rights defender, a computer, an iPhone, an iPad and a number of hard drives were confiscated.

Guo Yushan is one of dozens of activists who have been detained in mainland China in recent months. Most of those detained had expressed support for the ongoing pro-democracy protests in Hong Kong. These include Beijing poet Wang Zang, who was detained on October 1st after uploading to Twitter a photograph of himself holding an umbrella with the Taiwan flag in the background. The umbrella has become a symbol of the protest movement in Hong Kong. According to friends of Guo Yushan however, he had recently been keeping a very low profile, and is not known to have made any public statements of support for the pro-democracy protests.

Pan Haixia, the wife of Guo Yushan, has posted two letters online that she wrote to her husband, the first after his arrest in October and the second on November 7th 2014.

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On Veng Sreng Anniversary, Still Waiting for Justice in Cambodia

On the one year anniversary of the state violence which led to the deaths of at least four men and the hospitalization of dozens in early January 2014 in Cambodia, the disappearance of a teenage boy and the wrongful imprisonment of 23 union leaders, activists and workers, civil society organizations are condemning the lack of progress made in investigating these human rights violations and in punishing those responsible.

On January 3rd, hundreds of people will gather at the site of the shootings on Veng Sreng road to mark the one year anniversary of the violence and to call for justice for those affected.

“On Saturday we will gather to remember those killed and missing as a result of last January’s violence and to stand with their families and friends,” said Moeun Tola, Head of the Community Legal Education Center’s labor program. “As we do so we also recall and condemn the government’s continued failure to establish a credible and independent investigation into the bloodshed.”

January’s violence followed days of widespread strikes over the minimum wage which converged with long-standing protests by the CNRP over the conduct and results of the July 2013 National Assembly election. As the peaceful protests continued to grow the government’s patience wore thin and the mass protests were brought to a swift and brutal end on January 3 when mixed security forces shot and killed at least four people.

Monitors from the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) witnessed security forces using live ammunition to shoot directly at civilians. According to monitors, the clash started when the authorities used electric batons toward the protestors, who then replied by throwing stones. In response, the military used disproportionate force by firing live ammunition in the crowd.

At least 38 others were taken to hospital to be treated for their injuries, mostly from bullet wounds. 15-year-old Khem Sophath disappeared that day having last been seen lying on the ground with an apparent bullet wound to his chest.

In the days immediately after the killings, rather than making efforts to identify those responsible, the government violently broke up a peaceful occupation of Freedom Park, issued summons for opposition party leaders and detained activists who were attempting to protest against the imprisonment of the 23 people who were arrested on January 2nd and 3rd.

A government “investigation” into the violence headed by the Minister of Interior Sar Kheng is reported to have lasted just three weeks. Few of its findings have been made public and no action is known to have been taken as a result of the investigation. Not one member of the security or armed forces has been suspended, let alone prosecuted in connection with the incidents. In contrast the 23 arrested were held in pre-trial detention for five months and convicted following a manifestly unfair trial.

“What we saw in the days leading up to January 3rd last year was something really positive, a real surge in non-violent, social activism from people making simple demands for better wages and fair elections. But rather than listening to the people the government responded with murderous violence showing that it would rather kill than pursue much needed reforms.” said LICADHO Director Naly Pilorge.

On May 24th 2014 two men found fragments of bones and remains of burned tires at a Military Brigade 70 base in Kampong Speu province, leading to speculation that the remains were those of Khem Sophath. Brigade 70 soldiers blocked rights workers and police investigators from accessing the site for two days and when police were finally allowed to visit on May 27, the site had apparently been destroyed by heavy machinery and covered with soil. When they dug up the area they found parts of the burned tires and bone fragments.

The government claims to have investigated Khem Sophath’s disappearance, to have conducted forensic tests on the remains and determined that they are not those of Khem Sophath. However authorities have provided no details of the investigation or forensic examinations nor how they were able to determine that the remains did not correspond to those of Khem Sophath. DNA samples of Khem Sophath’s relatives, which would be required to conduct such tests, have not been sought by the authorities.

The organizations say that failure to punish crimes by state forces and those in power is nothing new in Cambodia. However, the lack of any proper investigation into the violence committed at the start of 2014 has compounded the already existing environment of impunity and further strengthened a climate in which police, military police, district security guards and soldiers are able to use violence against civilians on a regular basis, confident in the knowledge that they will suffer no repercussions.

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