Jerald Aruldas, a journalist from the southern state of Tamil Nadu, and his colleague, were held by city police for 9 hours for reporting on stories around alleged government corruption around the food aid distribution system and how doctors in Coimbatore faced food shortages while working during the COVID-19 lockdown. Courtesy: Jerald Aruldas

By Samira Sadeque
UNITED NATIONS, Jun 5 2020 (IPS)

Governments have made the media “a scapegoat” across Asia, targeting journalists who are simply reporting on the failures or shortcomings of their leadership during the coronavirus pandemic, press freedom experts have warned.

“Governments have said that the real emergency caused by the pandemic has made it necessary for them to prevent the spread of false information that might, for example, cause panic,” Steven Butler, Asia programme coordinator at the Committee to Protect Journalists (CPJ), told IPS. “Of course, in at least some cases it’s the government decisions themselves that have led to confusion and panic, and the media has simply become the scapegoat.”

Butler spoke to IPS following an appeal by United Nations High Commissioner for Human Rights Michelle Bachelet who on Wednesday warned that censorship has become more severe in countries across Asia under the pandemic. She requested governments around the world to take “proportionate” actions in case someone is spreading false information, and that those actions must comply with requirements of “legality, necessity, proportionality, [and serving] a legitimate public health objective”.

“When you have a police official defining necessity of a person’s arrest and detention on the basis that a ruling party politician came to the police station to file a case against the person, there is much to be concerned about how authorities interpret necessity, proportion and legality,” Saad Hammadi, Regional Campaigner of the South Asia division at Amnesty International, told IPS.

He was speaking about the plight of Bangladeshi journalist Shafiqul Islam Kajol who had disappeared for almost two months before he was “found” and taken to police custody — just in time for World Press Freedom Day.

Before Kajol’s disappearance and subsequent arrest, he was already facing charges under Bangladesh’s highly controversial Digital Security Act.

There are similar cases across Asia. 

In May, IPS reported on a number of cases in India where journalists were also arrested or detained for criticising the government.

In India’s southern state of Tamil Nadu, journalist Jerald Aruldas and photographer M Balaji had been detained for 9 hours after a series of pieces that exposed corruption in the government food aid distribution system, and the food issues that doctors in Coimbatore city faced. Their editor, Andrew Sam Raja Pandian, was subsequently arrested and released but was charged under several sections of criminal laws as well as The Disaster Management Act, 2005 for publishing the stories.

The Office of the United Nations High Commissioner for Human Rights (OHCHR) records show governments in 12 countries across Asia are targeting journalists or anyone expressing their criticism about the pandemic response: Bangladesh, Cambodia, China, India, Indonesia, Malaysia, Myanmar, Nepal, the Philippines, Sri Lanka, Thailand and Vietnam.

For people in all 12 countries where the arrests have taken place, the stifling of press freedom is not new. According to Reporters Without Borders’ Press Freedom 2020 Index, all 12 countries ranked quite low, with Malaysia and Nepal being the least restrictive among the group, and China and Vietnam being some of the most restrictive.

‘Fake news’ used as an excuse to restrict press freedom

In all these countries, the charges are some variation of the trope that any criticism is “false news”. Governments are making arrests or detaining those speaking up with the excuse that their so-called “fake news” incites panic among communities. In Cambodia, a child as young as 14 was arrested, along with 30 other individuals, for sharing commentary on social media. 

In Bangladesh, China, and India, health personnel, journalists and ordinary citizens have been detained or arrested for voicing similar concerns about their respective government’s response, or lack thereof. In Nepal, a bureaucrat was arrested for criticising the government’s response to the COVID-19 crisis.

“It’s unacceptable that even one person is persecuted for legitimately exercising their right to freedom of expression but since March this year, at least 16 journalists have been detained or sued on charges that are in contravention of the rights protected under international law on freedom of expression,” Hammadi of Amnesty International told IPS.

Bachelet said it’s crucial to remain alert and vigilant about misinformation at this time. During the first few weeks of the coronavirus crisis — even before it was termed a “pandemic” — misinformation surrounding the disease had become a crucial concern. In response to this, the World Health Organisation launched the EPI-WIN, which would provide users information in a timely manner, filtering out an overload of information without solutions.

An already existing problem

While the OHCHR statement came almost six months into the coronavirus crisis, experts have been ringing alarm bells about the issue for some time now.

In May, while observing World Press Freedom Day, Hammadi wrote that it’s important to be vigilant against those who are “exploiting” this moment to spread misinformation, but warned that “some governments are themselves exploiting this moment – to suppress relevant information uncomfortable for the government or use the situation as a pretext to crack down on critical voices”.

Butler of the CPJ told IPS that these are countries that were already armed with the trope of “false news” to charge journalists. And the pandemic only exacerbated that.

“Additional emergency legislation and decrees have increased pressure on journalists as governments boost efforts to control the flow of information,” Butler said. “In many cases, they have used these powers to go after journalists who report shortcomings in the government response to the pandemic. In some cases, the charges against journalists have been incredibly petty.”

In her appeal, Bachelet warned that heads of state must not use the crisis “to restrict dissent or the free flow of information and debate.”

“A diversity of viewpoints will foster greater understanding of the challenges we face and help us better overcome them,” she said. “It will also help countries to have a vibrant debate on the root causes and good practices needed to overcome the longer-term socio-economic and other impacts. This debate is crucial for countries to build back better after the crisis.”

A young girl whose family fled the Boko Haram insurgency stands in front of a tent in a camp for internally displaced persons in Maiduguri, Nigeria. Boko Haram has abducted thousands of girls and forced them into unwanted marriages and enslavement. According to the International Rescue Committee (IRC), less than one percent of humanitarian aid is spent on combating gender-based violence in crises. Credit: Sam Olukoya/IPS

By Tharanga Yakupitiyage
UNITED NATIONS, May 27 2019 (IPS)

It’s time to end sexual and gender-based violence once and for all, participants of a two-day conference said.

In Norway, United Nations agencies, governments and civil society convened for the first-ever thematic humanitarian conference to combat sexual and gender-based violence (SGBV) in humanitarian crises.

The conference, which brought together representatives from 100 nations and over 200 organisations and SGBV survivors, aimed to mobilise political and financial commitments as well as strengthen effective and multi-sectoral SGBV prevention and response.

“We cannot, and must not, pretend these atrocities are not taking place. Sexual and gender-based violence tears apart the very fabric of society, and inflicts lasting wounds on individuals and whole communities,” said Norway’s Prime Minister Erna Solberg.

“Now is not the time to stand idly by. Now is the time for action,” she added.

Worldwide, more than one-third of all women have experienced physical or sexual violence in their lifetime. While boys and men are also affected, the risk is much higher among women and girls and is particularly exacerbated in humanitarian crises.

In Nigeria, while the kidnapping of the Chibok school girls gripped international headlines in 2014, Boko Haram has and continues to kidnap women and girls for the purposes of sexual slavery and forced marriage. In this dated picture, Nigerians gathered at Unity Fountain, in Nigeria’s capital, Abuja, on Apr. 30, 2014 to call on the country’s government to act quickly to find the 276 schoolgirls who were kidnapped from Chibok secondary school in northeast Borno state on Apr. 14 by Islamist extremist group Boko Haram. Credit: Mohammed Lere/IPS

In Nigeria, while the kidnapping of the Chibok school girls gripped international headlines in 2014, Boko Haram has and continues to kidnap women and girls for the purposes of sexual slavery and forced marriage. A report by the Henry Jackson Society found that Boko Haram members would forcefully impregnate women in order to produce the “next generation of fighters.”

Nadia Murad, who was recently awarded the Nobel Peace Prize and is the UN Office on Drugs and Crime’s Goodwill Ambassador, was among thousands of Yazidi women who were kidnapped by the Islamic State.

Many are forced to be sex slaves, and reports found that IS even uses social media sites such as Facebook to sell Yazidi women as sex slaves.

While Murad was able to escape, an estimated 3,000 Yazidi women and girls are still enslaved.

While women like Murad are leading the fight against SGBV and are often the first responders in a crisis, funding is woefully inadequate.

According to the International Rescue Committee, less than one percent of humanitarian aid is spent on combating gender-based violence in crises.

However, as communities lose access to basic services and needs such as shelter, healthcare, and income, financial support and provision of services is of the utmost importance.

In 2019, an estimated 140 million people are in need of humanitarian assistance. Of these, approximately 35 million are women and girls of reproductive age.

Participants in ‘Ending Sexual and Gender-Based Violence in Humanitarian Crises’ conference reiterated the importance of listening to survivors to help guide action.

“When I meet survivors I ask them what could have been done to prevent what happened to you, and they tell me things like a stove. In South Sudan, [they said] we have to go out of the protected civilian site to go fetch wood and that’s when we get raped,” said UN Special Representative of the Secretary-General on Sexual Violence in Conflict Pramila Patten.

In South Sudan, at least 175 women and girls experienced sexual and physical violence between September and December 2018 alone. Of these cases, 64 were girls, some as young as eight years old.

Researchers from the UN Mission in South Sudan and the Office of the UN High Commissioner for Human Rights, found that most of the victims were attacked on roads as they traveled in search of firewood, food or water, commodities which have been limited since the start of the conflict in 2013.

One woman recounted her experience after being raped on three separate occasions while walking to or from food distribution sites, stating: “We women do not have a choice…if we go by the main road, we are raped. If we go by the bush, we are raped…we avoided the road because we heard horrible stories that women and girls are grabbed while passing through and are raped, but the same happened to us. There is no escape—we are all raped.”

“We really need to listen to survivors. They have both a role to play in prevention and response,” Patten added, pointing to the need to address root causes of structural gender inequality and discrimination.

With regards to response, it is essential for survivors to receive health and psychosocial services as well as a safe space to heal, many said.

However, an increase in funding for SGBV prevention and response is sorely needed as well as support for local women’s organisations who are at the forefront of crisis response.

Recently, 350 Somali women leaders jointly called for zero tolerance for gender-based violence and the urgent passage of the Sexual Offences Bill which would be the country’s first dedicated SGBV-related legislation.

“We need to address the call for justice for survivors, we need to support women working closely with survivors,” said Somali Minister of Women and Human Rights Development Deqa Yasin Hagi Yusuf.

“We will return from this conference with even more energy to strengthen our legal and institutional framework to tackle SGBV,” she added.

The UN Population Fund’s Executive Director Natalia Kanem also stressed how crucial partnerships are and pledged to follow through with the 2016 World Humanitarian Summit’s commitment to provide 25 percent of funding to local and national responders by 2020.

“Support women and girls to rebuild their lives, to regain their dignity, and to feel safe and secure amidst crisis…Let the woman decide, let the girl decide,” Kanem said.

By the end of the conference, 21 donors committed 363 million dollars over the next two years.

“We are at a turning point. We have done something new, we thought out of the box, and I think we have all given something out of the ordinary. We all wanted this to work and we did,” said Minister of Foreign Affairs of Norway Ine Eriksen Søreide in her closing remarks.

“I am absolutely confident we will be able to sustain this momentum…we have the majority, and we can make the changes…now the hard work starts,” she added.

“There’s been very little accountability in South Sudan for what is chronic, endemic problem of sexual violence against women and girls,” the Office of the U.N. High Commissioner for Human Rights says. Credit: Jared Ferrie/IPS

By Tharanga Yakupitiyage
UNITED NATIONS, Feb 19 2019 (IPS)

Women and girls continue to face the brunt of violence in the northern region of South Sudan with persistently high and brutal levels of sexual violence, a new report found.

Despite the signing of a peace deal nearly five months ago, United Nations investigators have found an “endemic” rise in cases of sexual violence in South Sudan’s Unity State.

“There’s been very little accountability in South Sudan for what is chronic, endemic problem of sexual violence against women and girls,” said the Office of the U.N. High Commissioner for Human Rights’ (OHCHR) spokesperson Rupert Colville.

“Virtually complete impunity over the years, as a result, very little disincentive for these men not to do what they’re doing,” he added at the launch of the report.

U.N. human rights chief Michelle Bachelet also expressed concern over the widespread issue, stating: “The volatility of the situation in South Sudan combined with the lack of accountability for violations and abuses committed throughout Unity, likely leads armed actors to believe that they can get away with rape and other horrific forms of sexual violence.”

Between September and December 2018 alone, at least 175 women and girls experienced sexual and physical violence. Of these cases, 64 were girls, some as young as eight years old.

U.N. Missions in South Sudan (UNMISS) and OHCHR researchers found that most of the victims were attacked on roads as they traveled in search of firewood, food or water, commodities which have been limited since the start of the conflict in 2013.

One woman recounted her experience, stating: “We women do not have a choice…if we go by the main road, we are raped. If we go by the bush, we are raped…we avoided the road because we heard horrible stories that women and girls are grabbed while passing through and are raped, but the same happened to us. There is no escape—we are all raped.”

The 30-year-old survivor was raped on three separate occasions, each time around the same location to or from food distribution sites in Bentiu.

Almost 90 percent of the women and girls were raped by more than one perpetrator and often over several hours, the report found.

The report also observed that many of the attacks were premeditated and organised, stating: “The ruthlessness of the attackers appears to be a consistent feature of sexual violence documented during this investigation.”

In another incident in November, a woman who was two months pregnant suffered a miscarriage after being gang-raped.

Survivors also described being beaten with rifle butts, sticks, and cable wires if they attempted to resist or after they were raped.

A 50-year-old survivor told investigators she was beaten after trying to keep armed men from taking her 25-year-old daughter.

“Some of them threw punches and kicks on me for not allowing them to take my daughter. Those armed men were just like my sons, but they were so cruel. They do not have mercy,” she said.

Among the factors that have contributed to the rise in attacks against women and girls is the large number of fighters on “standby” mode awaiting disengagement and withdrawal.

Though a peace agreement was signed in September 2018, the new transitional government will not be put into effect until May, leaving members of numerous armed forces in limbo.

“A lot of these young men who are heavily armed, are just waiting around…This is a very toxic mix, and there are also youth militia which some of these official groups ally with and you don’t know exactly who they are; they’ve been heavily involved as well,” Colville said.

President Salva Kirr of South Sudan. The United Nations has urged Kirr to carry out investigations and seek justice for survivors of sexual violence in the northern region of the country. Credit: Elias Asmare/IPS

Impunity and the lack of accountability have also led to the normalisation of violence against women and girls, and both UNMISS and OHCHR have urged President Salva Kiir to carry out investigations and seek justice for survivors.

Upon hearing about reports of mass report, an investigation was carried out by a South Sudanese committee. However, they denied the allegations and declared that the rapes were “not a true story.”

While the current peace deal seems volatile, it is increasingly urgent for the new South Sudan to act and protect women and girls.

“Sadly, we have continued to receive reports of rape and gang rape in northern Unity since the beginning of this year,” Bachelet said.

“I urge the Government of South Sudan to take adequate measures – including those laid out in the peace agreement – to protect women and girls, to promptly and thoroughly investigate all allegations of sexual violence and to hold the perpetrators accountable through fair trials,” she added.

Singers wearing hats advocating "No Torture" line up before performing at a Human Rights Day event outside of Mogadishu Central Prison in Somalia on Dec. 10, 2013. Credit: UN Photo/Tobin Jones

By Rose Delaney
ROME, Dec 26 2016 (IPS)

As Human Rights Day approached this Dec. 10, the United Nations Office of the High Commissioner (OHCHR) issued a statement urging all governments to join in the fight for universal equality and justice.

The OHCHR emphasised the fundamental importance of the adoption and construction of an international human rights system based upon the Universal Declaration of Human Rights 68 years ago. The statement described the progressive declaration as “the greatest achievement of the international community since World War II”.

Since its initial implementation, the universal human rights system has relentlessly provided aid and defense to vulnerable communities and individuals under threat the world over.

However, the OHCHR is aware that any significant progress made for universal human rights can be swiftly reversed. Today, the rise of manipulative populist movements has legitimized xenophobic, homophobic, sexist, and other forms of divisive discrimination. Intrusive governments have destabilized and weakened the power of civil society.

Hate speech is on the rise, inciting violence and hostility. “A chill wind is blowing through much of the world and the very notion of human rights is under increasing attack,” the OHCHR report warned.

However, three special procedures mandate holders critiqued the statement issued by the predominantly Western OHCHR “human rights experts,” stating that it was a “far cry from reality”. While mandate-holders acknowledge the importance of “experts” on the issues surrounding sexual minorities, hate speech and homophobia, they believe the statement excluded the views of many other minority groups.

Currently, there are 43 thematic mandates and 14 mandates related to countries and territories, with 80 mandate holders. Special procedures experts work on a voluntary basis; they are not UN staff and are independent from any government or organization and serve in their individual capacity.

In response to what they considered to be a “selective and imbalanced” text, the dissatisfied mandate holders issued a “complementary opinion” with the sole objective of “putting the issue of human rights in the proper perspective”. The three mandate-holders call for a “full overhaul of the UN Human rights mechanism”.

On Dec. 21, the three special procedures mandate holders released a media statement urging the international community and universal human rights mechanisms to engage in a constructive debate. The mandate holders considered the most pressing concerns to be the right to development, food security, clean water and sanitation, education, and sovereign debt restructuring.

The media statement was signed by the Independent Expert on the promotion of a democratic and equitable international order, Alfred de Zayas; the Independent Expert on the enjoyment of human rights by persons with albinism, Ikponwosa Ero; and the Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights, Idriss Jazairy.

The authors of the complementary opinion consider it imperative to evaluate and assess the root causes of conflict and inequality, not merely skim the surface by placing the blame on the resultant outcomes of unrest and instability. The mandate-holders consider this essential in the prevention of further human rights violations.

“It is not helpful to condemn ‘populism’ if one is not willing to recognize that populists are merely filling the vacuum left by governments that for decades have been insensitive to the needs of the people, who have continued ‘business as usual’, and not listened,” the complimentary opinion said.

The complimentary statement further condemned the “selective” empathy for victims of social phobias.

“There is need also to reflect on the reasons for those multiple phobias, offering guidance as to how to defuse them in a manner consistent with human rights and human dignity,” the statement continued.

The mandate holders also believe that it is precarious to condemn the rise of “hate speech” and “incitement to violence” without clearly defining what they mean. “Interpretation of ‘hate speech’ cannot be left to the discretion of governments and prosecutors, as this would open the door to arbitrariness contrary to the rule of law and tantamount to censorship,” the media statement explained.

The mandate holders asked the international community to recommit to the upholding all human rights enshrined in the Universal Declaration of Human Rights of Dec. 10, 1948 and in all related Covenants and Treatises. On the occasion of New Year 2017, they urged the world to avoid “privileged selectivity” and consider all rights to be of equal importance.

“As proclaimed in the Vienna Declaration of 25 June 1993 on Human Rights: “The international community must treat human rights globally, in a fair and equal manner, on the same footing and with the same emphasis,” the statement concludes.

Against the backdrop of serious human rights allegations, Azerbaijan is gearing up to host the first-ever European Games. Credit: ResoluteSupportMedia/CC-BY-2.0

By Kanya D'Almeida
UNITED NATIONS, Apr 24 2015 (IPS)

Months after being denied access to Azerbaijan’s places of detention, the head of the United Nation’s Subcommittee on Prevention of Torture (SPT) announced Friday that her four-member delegation had successfully conducted investigations of Azerbaijani prisons, police stations and investigative isolation units.

“The Azerbaijani Government this time enabled unhindered access to places of deprivation of liberty,” confirmed Aisha Shujune Muhammad, head of the SPT delegation, in a statement published by the Office of the U.N. High Commissioner for Human Rights (OHCHR).

“I can’t think of a single case of the ones we’ve followed – which largely are connected to political activists, journalists and human rights defenders – in which allegations of torture have been effectively investigated." -- Jane Buchanan, associate director of the Europe and Central Asia division of Human Rights Watch
As a state party to the Optional Protocol to the Convention Against Torture, Azerbaijan is obliged to allow independent experts full access to sites of detention, but last September the SPT was forced to suspend its visit after being prevented from inspecting some sites and barred from completing its work at others, “in violation of Azerbaijan’s treaty obligations”, according to OHCHR.

This month, from Apr. 16-24, SPT members visited a range of sites including pre-trial detention facilities, psychiatric hospitals, and social care institutions.

On Friday the subcommittee presented its confidential preliminary observations to Azerbaijani authorities, including recommendations for strengthening systems to protect those persons deprived of their liberty against torture and other cruel or inhuman treatment.

While welcoming the government’s cooperation, Muhammad stressed, “[The] State party has yet to guarantee all fundamental legal and procedural safeguards to persons deprived of their liberty, including access to a lawyer, a medical doctor, and to contact his or her family.”

Streets empty of political dissidents

The statement confirms what international watchdogs have been warning for the past few years: that ill treatment of prisoners and impunity, particularly with regards to political activists and journalists, is rampant in this land-locked nation of 9.4 million people.

“We have had long-standing concerns about conditions in detention and ill treatment and torture of people detained in police stations, in prisons and other facilities,” Jane Buchanan, associate director of the Europe and Central Asia division of Human Rights Watch, told IPS.

“We have huge concerns about fair trials and due process, so we don’t have a sense of optimism at all – nor do I read a lot of optimism into the SPT’s statement. I would not say the trajectory is good.”

She said the situation is particularly worrying for human rights defenders and the media, who are currently weathering a harsh government crackdown against any form of dissent.

In 2014 alone, Human Rights Watch (HRW) recorded over 35 cases of activists, journalists and human rights defenders who were detained or imprisoned on politically motivated charges.

Buchanan said other, local groups have longer lists, whose numbers are closer to the 100 mark.

Even these could be conservative estimates, as many of those who would otherwise be monitoring violations of human rights are now behind bars, or have fled the country to escape prosecution.

“The government is effectively shutting down mechanisms for transparency and accountability for all kinds of things including torture and ill treatment,” she stated.

Amnesty International’s most recent country report for Azerbaijan echoes many of these concerns, highlighting cases like the arrest on May 6 of Kemale Benenyarli, a member of the opposition Azerbaijani Popular Front Party (APFP) who subsequently alleged that she was “beaten, punched, dragged and locked in a cell, where she was kept without food and water until her trial the following morning.”

At the time of her arrest, Benenyarli was among a group of peaceful protestors gathered outside the Baku City Grave Crimes Court, demanding the release of jailed youth activists associated with the NIDA Civic Movement.

Amnesty also reported that another protestor arrested that day, Orkhan Eyyubzade, complained that he was “stripped naked, dragged by the hair, punched, kicked and threatened with rape after he engaged in an argument with police officers during his detention on May 15.”

Other allegations of torture in detention include the withholding of medical treatment, denial of necessary foods due to medical conditions, and the use of physical violence on the part of staff or cellmates, according to HRW’s Buchanan.

“I can’t think of a single case of the ones we’ve followed – which largely are connected to political activists, journalists and human rights defenders – in which allegations of torture have been effectively investigated,” she added.

At present, rights groups say over 50 political prisoners are being held in jails around the country, largely on trumped-up charges.

European Games: A chance to shine a light on injustice?

Against the backdrop of serious rights allegations, which have been escalating since 2012, Azerbaijan is gearing up to host the first-ever European Games under the auspices of the Olympic Movement.

Over 6,000 athletes representing 50 countries are scheduled to participate in the event, which will run from Jun. 12-28 this year.

According to the London-based Business News Europe, the games are budgeted at an estimated eight billion dollars, and billed as the “most spectacular show in Azerbaijan’s history.”

While the government of President Ilham Aliyev hopes to use the games to spotlight his country’s economic development, rights groups are pushing the European Olympic Committees and key National Olympic Committees to instead shift the focus onto human rights abuses and political prisoners.

The Sports and Rights Alliance, a coalition comprised of the likes of Amnesty International, Human Rights Watch, Football Supporters Europe, and Transparency International Germany, recently submitted a letter to Patrick Hickey, president of the European Olympic Committees, arguing that the current crackdown on critics and dissidents is “at odds with key principles of the Olympic Charter that the European Games are meant to uphold.”

The Alliance also urged the sporting body to use its leverage with Azerbaijan to, among other things, demand the immediate and unconditional release of rights activists like Khajida Ismayilova, Leyla Yunus, Arif Yunus, Intigam Aliyev, Rasul Jafarov, Rauf Mirgadirov, Anar Mammadli, Ilgar Mammadov, and Tofig Yagulblu.

“Those participating in the European games being funded by the Azerbaijani government have a real obligation to speak out,” Buchanan stressed.

Among those receiving “funding” to attend the games is Britain’s team of 160 athletes. In February, the Guardian reported that the British Olympic Association (BOA) had admitted that the host country would cover the bulk of the costs associated with getting its teams to Baku.

Edited by Kitty Stapp