Amnesty International Press Release Feed

India: Government must stop bauxite mine and refinery expansion until human rights are addressed

Mon, 08 Feb 2010 16:22:11 +0000

AMNESTY INTERNATIONAL
PRESS RELEASE

February 9 2010

India: Government must stop bauxite mine and refinery expansion until human rights are addressed

(Delhi) Indian authorities have given local communities scant or misleading information about the potential impact of a proposed alumina refinery expansion and mining project to be operated by subsidiaries of UK-based company Vedanta Resources in Orissa, Amnesty International said in a new report published today.

The Amnesty International report, Don’t Mine Us out of Existence: Bauxite Mine and Refinery Devastate Lives in India documents how an alumina refinery operated by a subsidiary of UK-based FTSE 100 company Vedanta Resources in Orissa, is causing air and water pollution that threatens the health of local people and their access to water.

“People are living in the shadow of a massive refinery, breathing polluted air and afraid to drink from and bathe in a river that is one of the main sources of water in the region,” said Ramesh Gopalakrishnan, Amnesty International’s researcher on South Asia. “It is shocking how those who are most affected by the project have been provided with the least information”

Adivasi (Indigenous), Dalit, women and other marginalised communities in the remote part of Orissa where the refinery is located have described to Amnesty International how authorities told them that the refinery would transform the area into a Mumbai or Dubai.

The Orissa State Pollution Control Board has documented air and water pollution from Vedanta Aluminium’s refinery in Lanjigarh, Orissa. Amnesty International found that the pollution threatens the health of local people and their access to clean water yet there has been no health monitoring.

“We used to bathe in the river but now I am scared of taking my children there. Both my sons have had rashes and blisters.” a local woman told Amnesty International. The organization recorded many similar accounts from people living around the refinery.

Despite these concerns and the environmentally sensitive location of the refinery near a river and villages, the government is considering a proposal for a six-fold expansion of the refinery. Neither the Indian authorities nor Vedanta have shared information on the extent of pollution and its possible effects with local communities.

The Orissa Mining Corporation and another Vedanta Resources subsidiary also plan to mine bauxite in the nearby Niyamgiri Hills. The proposed mine threatens the very existence of the Dongria Kondh, an 8,000 strong protected indigenous community that has lived on the Niyamgiri hills for centuries. The hills are considered sacred by the Dongria Kondh and are essential for their economic, physical and cultural survival, yet no process to seek the community’s informed consent has been established.

A Dongria Kondh man told Amnesty International, “We have seen what happens to other Adivasis when they are forced to leave their traditional lands, they lose everything.”

“The people of Orissa are among the poorest in India and their health is being threatened by pollution from the refinery. Their voices are being ignored by Vedanta Resources and its partner companies as well as by Orissa’s government. There has been inadequate consultation with local people about the changes on the ground and yet it’s their lives and futures which hang in the balance,” said Ramesh Gopalakrishnan.

Amnesty International is calling on the Government of India and Vedanta Resources to ensure that there is no expansion of the refinery and mining does not go ahead until existing problems are resolved. Amnesty International is also calling for full consultation with local people and for the Indian authorities to set up a process to seek the free, prior and informed consent of the Dongria Kondh.

Notes to Editors:
• The alumina refinery in Lanjigarh is operated by Vedanta Aluminium Ltd. Vedanta Resources owns 70.5 per cent of Vedanta Aluminium and Sterlite India Ltd. owns the remaining 29.5 per cent. Vedanta Resources owns 59.9 per cent of Sterlite India and has management control of the company. The mining project would be operated by a joint venture, the South-west Orissa Bauxite Mining Corporation, involving Sterlite India (74 per cent) and the state-owned Orissa Mining Corporation (26 per cent).
• The Dongria Kondh are an adivasi (Indigenous community) and were described as ‘endangered’ by India’s Supreme Court-appointed Central Empowered Committee (CEC).
• Under international law, the government of India has an obligation to respect, protect and fulfil human rights including the rights to water and health and to protect the rights of Indigenous peoples over the lands and territories they traditionally occupy. The obligation to protect requires measures by states to ensure that other actors (such as companies) do not undermine or violate human rights. Government failure to protect human rights does not absolve companies from responsibility for their operations and the impact of those operations on human rights. Companies should – at minimum – respect all human rights.
• This report is part of Amnesty International’s Demand Dignity campaign which aims to end the human rights violations that drive and deepen global poverty. The campaign aims to mobilise people all over the world to demand that governments, big corporations and others who have power, listen to the voices of those living in poverty and recognise and protect their rights. For more information visit www.demanddignity.org

China: Free human rights activist jailed after unfair trial

Tue, 09 Feb 2010 08:39:00 +0000

Amnesty International called on the Chinese authorities to release human rights activist Tan Zuoren, who was sentenced to 5 years in prison today for “inciting subversion of state power.”

Tan Zuoren was convicted for criticizing the Chinese Communist Party and the government through his articles and diaries posted on-line and on overseas websites concerning the authorities' handling of the Tiananmen crackdown in 1989 .

“His arrest, unfair trial and now the guilty verdict are further disturbing examples of how the Chinese authorities use vague and over broad laws to silence and punish dissenting voices,” said Roseann Rife, Asia-Pacific Deputy Director at Amnesty International.

“The Chinese authorities cannot continue to claim that they are dealing with human rights defenders according to the law when they violate so many of their own legal procedures in cases like this.”

The verdict was announced this morning by the Chengdu City Intermediate People’s Court in China.

Tan Zuoren’s wife, Wang Qinghua, protested the conviction and told Amnesty International that “even one day of imprisonment is too much. He only exercised his freedom of expression and addressed corruption from his own conscience.”

Tan Zuoren’s trial on 12 August was grossly unfair and disregarded China’s criminal procedure law. His lawyers reported they were unable to call their witnesses to testify in court or show the video footage they prepared, and they were unable to present their defence.

One of the defense witnesses, internationally acclaimed artist Ai Weiwei, was beaten and illegally detained by individuals in uniform claiming to be police for hours until after the trial ended.

Two Hong Kong journalists were prevented from covering his trial when local police detained them in their hotel room under the guise of searching for drugs. Police barred supporters of Tan Zuoren from the courtroom, allowing only his wife and one of his daughters, from attending the trial. Court officials filled the rest of the seats. Journalists were again harassed today trying to cover the story at the court.

The Court also violated criminal procedure law by delaying the verdict for four months with no explanation to Tan Zuoren’s lawyers.

“By silencing human rights defenders the Chinese authorities are denying society an open and transparent debate and rejecting the concept of accountability. The calls for justice will only become louder as more human rights activists are sentenced,” said Roseann Rife.

Afghanistan: No impunity for war criminalsas

Mon, 08 Feb 2010 18:40:03 +0000

Amnesty International calls on Afghan President Hamid Karzai and the Afghan Parliament to immediately suspend controversial legislation that will give immunity from prosecution for serious violations of human rights, including war crimes and crimes against humanity committed, in the past 30 years.

The legislation, the “National Stability and Reconciliation” bill, was passed by both houses of the Afghan Parliament in early 2007 and published in the official Gazette in November 2008 but, unusually, it was not publicly divulged until January 2010.

Amnesty International and other human rights organizations, including the Afghanistan Independent Human Rights Commission (AIHRC), believe that this law is an attempt to provide legal cover for ongoing impunity for perpetrators of human rights violations, including the Taleban.

“The backers of this ‘Impunity Bill’ should note that they cannot simply legislate away the history of gross human rights violations and war crimes committed in Afghanistan over the past three decades. Nor can they silence the consistent demands of the Afghan people for justice and accountability,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

“There are real doubts about the legal validity of this ‘Impunity Bill’, as no national legislation can immunize perpetrators of international crimes. Furthermore, President Karzai never signed this bill, and it was only divulged to the public almost two years after Parliament voted on it.”

Under this legislation, people who committed serious human rights violations and violations of the laws of war, including massacres, widespread enforced disappearances, and systematic use of torture, rape, public executions and other forms of ill-treatment would be immune to criminal prosecution if they pledge cooperation with the Afghan government.

“The record of the past eight years has been crystal clear: attempts to accommodate human rights abusers have only led to a deterioration of security and an erosion of the government’s legitimacy. Many of the people facing accusations of human rights abuses in the past are now in prominent government posts, facing new charges of engaging in human rights violations,” Sam Zarifi said.

Under the provisions of this legislation, Taleban figures who agree to cooperate with the Afghan government would also be immune to prosecution. The Afghan government and its international supporters identified reconciliation with the Taleban as a priority during the London conference in January 2010.

“Short term expediency in the form of reconciliation with the Taleban should not trump the rights of the Afghan people, and in particular Afghan women and girls, who have suffered greatly under the Taleban’s repressive strictures. The Taleban have had a record of terrible human rights abuses, both when they ruled Afghanistan, and now in the areas they control. They should be held to account for their actions, not be granted official impunity,” Sam Zarifi said.

“The Afghan people have time and again signalled that they want a government that protects and provides their human rights and that imposes the rule of law. This legislation is simply an effort to pervert the course of justice under the faulty guise of providing security.”

Arrest of Sri Lankan opposition leader escalates post-election repression

Mon, 08 Feb 2010 19:46:00 +0000

The arrest of retired General Sarath Fonseka, Sri Lanka’s former Chief of Army Staff and opposition political candidate in Sri Lanka’s recently held Presidential Election, escalates post-election repression, Amnesty International said today.

Sarath Fonseka was arrested late Monday evening and will reportedly face a military Court Martial on charges that he revealed military secrets and plotted the assassination of President Mahinda Rajapaksa.

"Sarath Fonseka's arrest continues the Rajapaksa government's post election crackdown on political opposition,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.

“After the military defeat of the LTTE and a major election victory, President Rajapaksa should steer the country toward a better human rights record. Instead, we're seeing less and less tolerance for criticism.”

The timing of the arrest is troubling given reports that Sarath Fonseka had announced earlier in the day that he was prepared to testify before an international court on war crimes charges against the Sri Lanka government.

Since his defeat in the election, several of Sarath Fonseka’s key supporters have been arrested. Journalists with the state media suspected of supporting the opposition candidate have also faced threats and violence.
Allegations and counter allegations of responsibility for violations of human rights and humanitarian law featured prominently in the run up to the election.

Sarath Fonseka was quoted in the press in December accusing the President’s brother, Sri Lanka’s Secretary of Defence, Gotabhaya Rajapaksa of ordering the executions of surrendering LTTE leaders at the end of the war in May 2009. He later retracted his accusations.

“Allegations of war crimes in Sri Lanka should be subject to an independent international investigation,” said Sam Zarifi.

“Sarath Fonseka was commander of the armed forces during a period when Sri Lanka’s army was accused of violating humanitarian law, including firing heavy weaponry into an area packed with civilians. Fonseka faces credible allegations of war crimes and should also be subject to investigation and accountability.”

UN urged to condemn Nicaragua’s abortion ban

Thu, 04 Feb 2010 12:29:47 +0000

The United Nations should urge Nicaragua to repeal its ban on abortion following a human rights' review of the country on 8 February, Amnesty International said today.

During the United Nations’ Universal Periodic Review, UN members will have the opportunity to raise questions about the country’s absolute ban on abortion.

Nicaragua’s revised Penal Code, which came into effect in July 2008, stipulates prison sentences for girls and women who seek an abortion and for health professionals who provide health services associated with abortion. The prohibition includes cases where the life of the woman is at risk or when pregnancy is the result of rape or incest.

“Nicaragua’s ban on abortion is the result of a shocking and draconian law that is compelling rape and incest victims to carry pregnancies to term and causing a rise in maternal deaths,” said Widney Brown, Senior Director of International Law and Policy at Amnesty International. “UN member states should take this opportunity to hold Nicaragua to account for a law that violates women’s right to life, health and dignity.”

The organization also reiterated its call on the Nicaraguan authorities to decriminalize abortion in all circumstances. Amnesty said Nicaragua should ensure women and girls have access to safe and legal abortion services when an unwanted pregnancy is a result of rape or incest or when it threatens the woman's health or life.

The revised Penal Code introduces criminal sanctions for doctors and nurses who treat a pregnant woman for medical conditions such as cancer or cardiac emergencies where the treatment may cause injury to or death of the embryo or foetus.

Nicaragua’s Penal Code is in conflict with the country’s Obstetric Rules and Protocols issued by the Ministry of Health. The protocol mandates therapeutic abortions as clinical responses to specific cases.

Amnesty International’s researchers have found that in Nicaragua the absolute ban on abortions particularly affects young girls who are victims of rape or incest.

According to a survey of media reports between 2005 and 2007; 1,247 girls were reported in newspapers to have been raped or to have been the victims of incest in Nicaragua. Of these crimes, 198 were reported to have resulted in pregnancy. The overwhelming majority of the girls made pregnant as a result of rape or incest (172 of the 198) were between 10 and 14 years old.

The organization also found an increase in maternal deaths since the introduction of the ban.

In the first 19 weeks of 2009, some 16% of all maternal deaths were as a consequence of unsafe abortion compared to none in the same period in 2008.

Four UN expert committees established by treaties, the Committee against Torture, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Committee on the Elimination of Discrimination against Women have already condemned this law and urged its revision, but the Nicaraguan government continues to ignore these calls.

“Nicaragua's law criminalizing abortion goes against the advice of four UN treaty bodies and fails to meet its obligations under international human rights laws," said Widney Brown. "Nicaragua needs to repeal this law immediately and enact laws and policies that promote the rights of women and girls by ensuring their rights to health, life and to be free from violence, coercion and discrimination."

Nicaragua's ban on abortion is a cause of grave concern in the wider international community. Tens of thousands of Amnesty International activists appalled at the impact of the ban on women's and girl's human rights, have signed petitions and contacted the Nicaraguan authorities to call for the repeal of the law.

The Universal Periodic Review is an opportunity for the UN Human Rights Council to examine the human rights record of all member states. Each country is reviewed every four years with the aim of ensuring states are meeting all of their human rights obligations.

Background Information
Before the law that provides for a complete ban on abortions was changed, therapeutic abortion had been recognized as a legal, legitimate and necessary medical procedure for more than 100 years in Nicaragua. The law was interpreted in practice to permit abortion to be performed when the life or health of the woman or girl was at risk from continuation of pregnancy and, on particular occasions, in cases of pregnancy as a result of rape.

The Inter-American Commissioner for Women’s Rights, Victor Abramovich, wrote a letter to the Nicaraguan government prior to the introduction of the complete ban to warn that if such an extreme ban was introduced the Nicaraguan State would be breaching its obligations under the American Convention on Human Rights.

A copy of Amnesty International’s submission to the UN Universal Periodic Review on Nicaragua, is available at: www.amnesty.org

Madagascar: Killings must be investigated and perpetrators brought to justice

Thu, 04 Feb 2010 18:27:31 +0000

The Madagascar authorities must urgently launch impartial investigations into dozens of killings carried out by security forces during more than a year of anti-government protests and bring those responsible to justice, Amnesty International said in a report released today.

The deadliest incident saw at least 31 people killed and several injured on 7 February 2009 when President Marc Ravalomanana's Presidential Guard opened fire, using live ammunition, on unarmed opposition demonstrators marching on the Presidential Palace in the capital Antananarivo.

"The Malagasy authorities must immediately investigate all cases of suspected unlawful killings by the security forces as well as any use of firearms resulting in deaths or serious injuries. Those responsible for violence against peaceful protesters must face justice," said Erwin van der Borght, Africa Director at Amnesty International.

Human rights violations were reported throughout a year of political unrest in Madagascar sparked by President Marc Ravalomanana's closure in December 2008 of a television station owned by Andry Nirina Rajoelina, at that time the Mayor of Antananarivo.

They continued after the High Transitional Authority (Haute Autorité de la Transition,HAT), headed by Rajoelina, came to power on 17 March 2009. It has not been recognised by the African Union and the Southern African Development Community (SADC).

Since then, HAT security forces have frequently intervened to disperse opposition protests leading to deaths and injuries.

In some instances the demonstrations had become violent. However, the authorities did not begin investigations of the incidents, or of those that led to the serious injury of demonstrators or bystanders.

On 23 April 2009, a 24-year-old man was admitted to hospital after being shot in the shoulder and then beaten with guns by security officials, while on the way home from a mosque.

"There were no demonstrations going on at that point and I only saw the soldiers once I was wounded. I don't know why they fired," the injured man told Amnesty International. "No one from the courts or the police came to see me in hospital to conduct an investigation."

Members of the Malagasy parliament and senate, lawyers and political opposition leaders were subjected to arbitrary and unlawful arrest and detention, specifically after the HAT came to power in March 2009. Some of those arrested were reportedly ill treated during their arrest.

Journalists and media outlets were targeted by the Malagasy authorities; both under President Ravalomanana as well as after the HAT came to power. The authorities have also taken steps to silence journalists deemed too critical of those in power at the time, including by closing down privately owned radio and television stations.

Background

A mediation team made up of representatives from the African Union (AU), the Southern African Development Community (SADC), the International Organization of la Francophonie (IOF) and the United Nations (UN), has been mediating between the main political parties in an attempt to resolve the crisis.

The political crisis that has affected Madagascar during 2009 was sparked off by the closure, during the night of 13-14 December 2008, of the Viva television station owned by Andry Nirina Rajoelina, at that time the Mayor of the capital, Antananarivo.

The decision to do so by the government of President Marc Ravalomanana exacerbated an already tense situation between the government on the one hand and the political opposition and the Mayor of the urban municipality of Antananarivo, on the other.

In early 2009 the opposition organized various mass demonstrations against President Marc Ravalomanana. On 17 March 2009, following popular pressure from Rajoelina and his movement President Ravalomanana signed an order dissolving the government and granting full powers to a military directorate.

That same day the members of the military directorate in turn passed on the powers that had been granted to them to Rajoelina.

Papua New Guinea: Investigation into police conduct in Porgera must be impartial

Thu, 04 Feb 2010 19:05:12 +0000

Papua New Guinea: Investigation into police conduct in Porgera must be impartial

Amnesty International today questioned the impartiality of a proposed police investigation into alleged forced evictions near the Porgera gold mine following media reports that the Police Commissioner dismissed allegations of police misconduct.

"It is essential that such an investigation be transparent, effective, impartial and independent, and the results clearly based on the evidence," said Shanta Martin, Amnesty International's mining and human rights specialist. "It should not be launched by the police with a predetermined objective of clearing the police of misconduct."

On 4 February 2010, Papua New Guinea’s Police Commissioner, Gari Baki, was reported in the media to have said that he might order a police investigation so as to refute claims that people in Porgera were the victims of police violence. He reportedly dismissed evidence of illegal evictions of people living near the Porgera gold mine and police violence as "fabricated".

Background

On 2 February 2010, Amnesty International launched its report, Undermining Rights: Forced evictions and police brutality around the Porgera gold mine, Papua New Guinea, which documents police violence and the forced eviction by police of families living alongside the Porgera gold mine.

Amnesty International also has concerns regarding ongoing support to the police by companies involved in the mine after the companies became aware of police misconduct in the area. The mine is 95% owned and operated by subsidiaries of the largest gold mining company in the world, Canadian-based Barrick Gold Corporation, as part of the Porgera Joint Venture.

Latest Israeli response to Gaza investigations totally inadequate

Tue, 02 Feb 2010 19:10:16 +0000

Israel’s latest response to the UN on its investigations into alleged violations of international law by its forces in Gaza a year ago is totally inadequate, Amnesty International said today.

Crucial questions about the conduct of attacks in which hundreds of civilians were killed and thousands were made homeless are not credibly addressed in Israel’s update to UN Secretary-General Ban Ki-moon.

“The investigations undertaken by Israel fail to meet international standards of independence, impartiality, transparency, promptness and effectiveness,” said Malcolm Smart, Director of Amnesty International's Middle East and North Africa Programme.

“The Israeli military is investigating itself and in no way can this be adequate in obtaining the truth and ensuring justice for the victims.”

The 46-page update published on 29 January says that Israel has opened investigations into 150 incidents involving alleged violations of the laws of war by its forces during Operation “Cast Lead”, its 22-day military offensive in Gaza which ended on 18 January 2009.

Around 1,400 Palestinians and 13 Israelis were killed in the conflict that took place in Gaza and southern Israel.

The limited details released indicate that the Israeli authorities are failing to credibly address grave concerns about the army’s use of white phosphorus in densely-populated areas.
Attacks on UN facilities and other civilian buildings and infrastructure, as well as direct attacks on Palestinian civilians, including ambulance crews have also not been adequately investigated by Israel.

Such incidents were reported by the UN, Amnesty International and other human rights and media organizations at the time of the conflict.

“There were numerous credible allegations during Operation ‘Cast Lead’ that violations of international humanitarian law by Israeli forces caused the deaths of hundreds of civilians, led others to be used as “human shields” and destroyed or damaged thousands of homes and other civilian infrastructure,” said Malcolm Smart.

“Yet more than one year on, according to the update, only one soldier has been convicted of an offence as a result of the Israeli investigations, and that was the theft of a credit card.”

All the Israeli investigations have been carried out by army commanders or by the military police criminal investigators and overseen by the Military Advocate General, severely compromising their independence and impartiality.

The Military Advocate General’s office gave the Israeli forces legal advice on their choice of targets and tactics during Operation “Cast Lead”.

The military investigations also preclude the possibility of examining decisions taken by civilian officials, who are also alleged to be responsible for serious violations.

The update states that there is no basis for criminal investigations into serious incidents which Amnesty International maintains warrant effective and independent investigations.

These include Israeli strikes on UN facilities, civilian property and infrastructure, attacks on medical facilities and personnel, and incidents in which large numbers of civilians were killed.

Despite enduring concerns by Amnesty International over Israel’s extensive use of white phosphorus in Gaza, the update contends that there are “no grounds to take disciplinary or other measures for the IDF’s use of weapons containing phosphorous”.

During Operation “Cast Lead” Israeli forces often launched artillery shells containing white phosphorus into residential areas, causing death and injuries to civilians.

Other Israeli attacks which resulted in civilian injuries and deaths are dismissed as “operational errors” although the update admits “some instances” in which Israeli soldiers and officers “violated the rules of engagement”.

The Israeli government has not indicated that it will ensure reparations, including compensation, to Palestinian civilians harmed as a result of the “operational errors” or admitted violations of their forces.

Research by Amnesty International into Operation “Cast Lead” showed elements of reckless conduct, disregard for civilian lives and property and a consistent failure on the part of Israeli forces to distinguish between military targets and civilians and civilian objects.

Israeli forces continued to employ tactics and weapons that resulted in growing numbers of civilian casualties for the entire duration of the military offensive. This was despite Israeli officials knowing from the first days of the military offensive that civilians were being killed and wounded in significant numbers.

Amnesty International drew a number of incidents to the attention of the Israeli authorities who have not responded to the organization’s repeated requests for clarification on specific incidents.

“In his forthcoming report on domestic investigations by Israel and the Palestinian side, Ban Ki-moon must include a substantive assessment of whether these investigations meet the established UN criteria and are 'independent, credible and in conformity with international standards,” said Malcolm Smart.

“So far, it appears that neither of the parties are able or willing to conduct investigations meeting those standards. If this remains so, then the responsibility will fall on the UN to ensure accountability for the perpetrators and justice for the victims – and this must include the Security Council eventually considering a referral of the Gaza situation to the International Criminal Court and steps by the General Assembly to establish a fund for victims who were killed or injured or suffered loss or damage resulting from unlawful acts committed during the war.”

Background

The Israeli update was submitted days before the deadline set by the UN General Assembly in November 2009 when it endorsed the recommendations of the United Nations Fact Finding Mission on the Gaza Conflict (the Goldstone Report) and called on both Israel and the Palestinian side, within three months, to undertake investigations into alleged war crimes and other violations by their forces.

These investigations, the General Assembly, said, should be “independent, credible and in conformity with international standards into the serious violations of international humanitarian and international human rights law reported by the [UN] Fact Finding Mission, towards ensuring accountability and justice”. Hamas has yet to submit any public report to the UN.

Police violence and illegal evictions near Papua New Guinean gold mine must be investigated

Tue, 02 Feb 2010 14:51:37 +0000

The government of Papua New Guinea must investigate the conduct of police who burnt down homes and threatened people with guns while illegally evicting them from land next to one of the biggest gold mines in the country, Amnesty International said today.

Amnesty International’s report, Undermining Rights: Forced evictions and police brutality around the Porgera gold mine, Papua New Guinea, documents police violence and the forced eviction by police of families living alongside the Porgera gold mine.

Amnesty International also has concerns regarding ongoing support to the police by companies involved in the mine after the companies became aware of the police activity in the area.

The mine is 95% owned and operated by subsidiaries of the largest gold mining company in the world, Canadian-based Barrick Gold Corporation (Barrick), as part of the Porgera Joint Venture (PJV). PJV supplied accommodation, food and fuel to the police under an agreement that PJV claims was conditional on the police abiding by national laws and international standards, including the Voluntary Principles on Security and Human Rights. Amnesty International does not allege that either company is responsible for the police violence or the forced evictions, however it believes Barrick and PJV failed to respond adequately when company personnel became aware of the police activity in the area.

"Instead of being able to rely on the police to protect them, people who were living next to the mine’s facilities have been the victims of human rights violations by police who illegally burnt down their houses and destroyed their belongings and gardens," said Shanta Martin, Amnesty International's mining and human rights specialist.

The report documents how between April and July 2009 police raided villages in the highlands of Papua New Guinea, burning down at least 130 buildings and forcing out families from their homes, including young children, pregnant women and the elderly.

Residents of the area where most of the evictions took place, Wuangima, told Amnesty International that they had no prior warning that their homes would be demolished and in many cases had no opportunity to take their belongings before their houses were burnt. No alternative housing had been provided to them by the government and many families from the area now depend on their relatives for shelter and food.

"As soon as PJV became aware that the police were burning down people’s homes right next door to the mine’s facilities, they should have recorded and reported the activity to the Papua New Guinean authorities and urged an investigation, as recommended by the Voluntary Principles," said Shanta Martin. "Instead, PJV is continuing to support the police, and Barrick has publicly defended the police activity."

Amnesty International’s report urges the Papua New Guinean government to carry out a full investigation into forced evictions and police violence. The report urges the prosecution of those responsible, and for victims to be provided with remedies. It also calls on Barrick and PJV to provide information regarding the police conduct to the Papua New Guinean authorities and to urge the authorities to investigate.

Background

On 11 May 2009, Amnesty International issued a Public Statement regarding police activity that resulted in the forced evictions of people living in villages in Porgera.

On 16 June 2009, Barrick publicly condemned Amnesty International’s public statement as "ill conceived and erroneous" and claimed that the buildings which had been burnt down were only temporary makeshift shacks and crude shelters inhabited by a transient population.

Between 18 August 2009 and 2 October 2009, Amnesty International conducted further investigations into the human rights of those affected by the forced evictions, including by undertaking a visual inspection of the burnt remains of houses and conducting 27 meetings involving over 180 people. Amnesty International’s further enquiries confirmed that at least 130 buildings were destroyed, including solidly constructed permanent homes, however, it was not possible to determine exactly how many houses were destroyed and how many people were affected.

In early November 2009, Amnesty International communicated the initial findings of its research to the Papua New Guinean government and to Barrick and PJV. At a meeting between Amnesty International, Barrick and PJV on 3 December 2009 and in correspondence on 7 December 2009, Barrick acknowledged that earlier public statements by the company that only temporary structures were burnt down were inaccurate. Barrick and PJV told Amnesty International that they now agree that further investigation is warranted. As at 10 December 2009, despite requests from Amnesty International for the companies to urge an independent investigation, neither company had done so.

Notes to Editors:

· Undermining Rights is launched as part of Amnesty International's Demand Dignity campaign which aims to end the human rights violations that drive and deepen global poverty. The campaign will mobilise people all over the world to demand that governments, corporations and others who have power listen to the voices of those living in poverty and recognise and protect their rights. For more information visit http://demanddignity.amnesty.org/campaigns-en/

· Through the Demand Dignity campaign, launched in May 2009, Amnesty International is calling on governments globally to take all necessary measures, including the adoption of laws and policies that comply with international human rights law, to prohibit and prevent forced evictions.

Malaysia: Opposition leader Anwar faces ‘show trial’

Fri, 29 Jan 2010 12:29:03 +0000

Amnesty International has urged the Malaysian authorities to drop politically motivated criminal charges of sodomy against Anwar Ibrahim, the country’s opposition leader, after he today lost an appeal for access to the government’s evidence against him.

His trial is now set to begin on 2 February at the High Court. This case is the second time in 12 years that the authorities have brought such charges against the former deputy prime minister.

Following his public criticism of then-Prime Minister Mahathir Mohammed in 1998, Anwar was arrested and convicted on sodomy and corruption charges. He spent six years in solitary confinement before his conviction was overturned and he was released.

“The Malaysian authorities have resorted to the same old dirty tricks in an attempt to remove the opposition leader from politics,” said Sam Zarifi, Asia-Pacific director at Amnesty International. “Malaysia’s judiciary should throw out these charges.”

Amnesty International considered a prisoner of conscience before his release in 2004.

For five years, Anwar was banned from seeking public office as a result of his conviction on corruption charges. After the ban expired in April 2008, he won a parliamentary seat on 26 August 2008, and become opposition leader as head of the People’s Justice Party (Parti Keadilan Rakyat).

But one month before his election, on 17 July 2008, Anwar was again arrested on charges that he had committed sodomy with a male former aide. If convicted, he faces up to 20 years in prison and loss of political office.

The criminal charge of sodomy against Anwar, under Section 377B of the Penal Code, is at odds with international human rights standards. This British colonial-era law provides for prison and whipping, a punishment that violates the international law prohibition on torture and other ill-treatment. Moreover, the UN Human Rights Commission in 1997 ruled that sodomy laws infringe the fundamental right to privacy.

Amnesty International is seriously concerned about fair-trial issues surrounding Anwar’s case. The prosecution’s refusal to deliver evidence to the defence at the pre-trial stage infringes international fair-trial standards and Malaysian law.

“Anwar’s case has rightly raised doubts among the international community and investors about Malaysia’s commitment to justice and the rule of law,” said Zarifi.

Under Section 51A of the Malaysia’s Criminal Procedure Code, the prosecution must deliver documents and a written statement of facts favourable to the defence. The UN Human Rights Committee has established that the minimum facilities for fair trials “must include access to documents and other evidence which the accused requires to prepare his case.”

On 29 January, however, the Malaysian Federal Court failed to uphold the prosecution’s obligation to provide access to evidence which Anwar’s lawyers believe may help exonerate him. In an earlier decision, the Court of Appeals had termed the defence’s application for evidence a “fishing expedition.”

“The court’s decision to allow the prosecution to withhold key evidence sets a dangerous precedent for criminal cases in Malaysia,” said Zarifi. “This is a recipe for unfair trials.”