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South Asia: Deepening human rights crisis bolstered by impunity as authorities betray promises for fair recovery from pandemic – AI
Instead of delivering a fair recovery from the Covid-19 pandemic, states across South Asia waged a sustained assault on peaceful demonstrators, journalists, human rights defenders, judiciaries and civil society organizations in a bid to silence dissent, driving a deepening human rights crises aided by increasing impunity said Amnesty International on Monday as it launched its annual assessment of human rights around the world.
Amnesty International Report 2021/22: The State of the World’s Human Rights covers 154 countries and delivers a comprehensive analysis of human rights trends globally.
In 2021, human rights in South Asia were dealt a major setback as the Taliban took over Afghanistan and several states cracked down on human rights defenders, NGOs, media outlets and opposition leaders who became the targets of raids, unlawful detention and surveillance, torture, enforced disappearance, or arrests under terrorism laws or laws designed to ‘curb fake news’.
“The devastating human rights fallout following the Taliban takeover of Afghanistan sets a dismal tone for the wholesale roll back of human rights across the region. This was compounded by a failure to address deep-seated inequalities exacerbated by the pandemic as vaccine inequality and neglected health systems and social protection pushed many to the brink of their capacity to survive. 2021 should have been a year of healing but sadly it brought greater instability and inequality. Far too often without any sense of accountability,” said Yamini Mishra, Amnesty International’s South Asia Regional Director.
Instead of providing meaningful space for debate and dissent on how best to meet the challenges of 2021, the continuing trend was for governments to suppress independent and critical voices, with some even using the pandemic as a pretext to shrink further the civic space.
“Across the South Asia region, governments are becoming increasingly intolerant of criticism, discrimination against women and girls and marginalized groups are pervasive, and impunity is rife giving rise to widespread human rights violations that go unchecked, unaccounted for and unfettered,” said Yamini Mishra
In the immediate aftermath of its takeover of Afghanistan in August last year, the Taliban curtailed media freedoms and used force to break up protests. Journalists were detained, beaten and harassed; by October more than 200 media outlets had closed down.
In Bangladesh, criticism of the government’s response to the Covid-19 pandemic and other issues led to a crackdown on dissent, targeting human rights defenders, journalists, lawyers, members of the opposition, criminal investigators, university students, academics, trade unionists and social media commentators. Sri Lankan authorities issued threats of disciplinary action against health sector employees who spoke to the media about their concerns on the Covid-19 response. In Maldives, media personnel reporting on protests were also attacked or harassed by police, protesters were dispersed, citing the Freedom of Peaceful Assembly Act 2016 and health guidelines because of the Covid-19 pandemic.
In India, police and security forces used excessive force against those protesting peacefully against the controversial agricultural reforms. Outspoken journalists, media outlets, actors and human rights activists were threatened and intimidated through the misuse of over-broad financial laws including the FCRA (Foreign Contribution Regulation Act) or use of draconian anti-terrorism laws like the UAPA (Unlawful Activities Prevention Act).
Many governments sought to further control access to and sharing of online information. In Pakistan, the draconian Removal and Blocking of Unlawful Online Content Rules to censor online content was also enacted. In Bangladesh, human rights defenders, journalists and activists were among hundreds of people imprisoned under the Digital Security Act. Nepal authorities used the Electronic Transactions Act to arbitrarily detain individuals including journalists, particularly those who criticized the government and ruling party leaders. Residents of Jammu and Kashmir suffered the longest internet shutdown on record from 4 August 2019 to 5 February 2021.
The Pegasus Project, an international investigative journalism initiative, exposed the unlawful and arbitrary surveillance of Indian citizens including journalists and HRDs through the government’s alleged use of Pegasus spyware.
The pandemic tore through South Asia, having a devastating impact on human rights. Governments’ efforts in countries such as Nepal were hindered by the global vaccine inequality created by collusion between pharmaceutical companies and wealthy nations. Many states stockpiled more doses than needed, whilst turning a blind eye as Big Pharma put profits ahead of people, refusing to share their technology to enable wider distribution of vaccines. Despite enough production to fully vaccinate the world in 2021, by year’s end less than 4% of those living in low-income countries had been fully vaccinated.
To compound the suffering, under-investment and corruption contributed to the continuing inability of public health sectors across the South Asia region to respond adequately to the Covid-19 pandemic. This resulted in thousands of preventable deaths, including in India and Nepal, both of which experienced steep surges in infections during the year. The suspension of aid to Afghanistan’s health sector by international donors resulted in the closure of at least 3,000 healthcare facilities, including Covid-19 hospitals. Access to Covid-19 vaccines was problematic in some countries.
“Despite promises and pledges to the contrary, at almost every turn, leaders and corporations opted for a non-transformative path, choosing to entrench rather than overturn the systemic inequalities behind the pandemic. Yet, people the world over have made it abundantly clear that a more just world, grounded in human rights, is what they want,” said Yamini Mishra
Minority communities faced increased marginalization and discrimination in South Asia. In Afghanistan, ethnic Hazaras were frequently targeted, including during the Taliban offensive and takeover. More than 100 former members of security forces were forcibly disappeared or extrajudicially executed by the Taliban and nine surrendered Hazara soldiers were executed in Daykundi alone. Several massacres by the Taliban of Hazara civilians also took place, including in Ghazni and Daykundi provinces.
In Sri Lanka, authorities finally moved to change the policy of forced cremations of Muslim victims of Covid-19, which began in March 2020. The guidelines had affected the final burial rites of the Muslim community, violating the right to freedom of religion and belief. The Public Security Minister proposed to ban more than 1,000 madrasas (Islamic education institutions) and the wearing of face veils. The authorities continued to arrest and detain Muslims allegedly in connection with bombings in April 2019, under the Prevention of Terrorism Act. The Act continued to be used against government critics, including members of the Tamil community.
In India, despite legislation in various states criminalizing acts of lynching, Dalit and Muslim men were assaulted or beaten to death by vigilante cow protection groups in more than seven Indian states. Many states amended or enacted ‘anti-conversion laws’. The death in custody of Father Stan Swamy was a direct reprisal for his extensive work supporting tribal people’s rights.
In Bangladesh, at least 40 pandals (temporary structures made for the Hindu religious ceremony) and 25 homes and properties belonging to members of the Hindu community were damaged or set on fire during and after the Durga Puja, the country’s biggest Hindu festival. A lack of proper investigations into previous incidents of communal violence created an environment of impunity.
In Pakistan, blasphemy cases continued to be registered against minority communities and Muslims, putting them at risk of danger or even the death penalty. At least 10 places of worship for Ahmadi Muslims were desecrated – often by the police or with their acquiescence. An eight-year-old Hindu boy was detained under blasphemy charges for a week before charges against him were dropped.
Events in Afghanistan led to new waves of displacement in the region and globally. Following the chaotic evacuation from Kabul airport in August, many fled over land towards Pakistan and Iran, but the Taliban-imposed restrictions on departures and border closures compromised their right to seek asylum in third countries. By year end, over one million undocumented Afghans had been returned from Iran and Pakistan, most of them involuntarily.
The human rights situation in Myanmar also made voluntary repatriations of Rohingya refugees in Bangladesh impossible. However, their rights continued to be restricted in Bangladesh where they were also vulnerable to violence. More than 19,000 were transferred to a remote island, Bhasan Char, where they were denied their right to freedom of movement.
In Afghanistan, 20 years of progress towards enhanced protection and promotion of women’s rights was rolled back overnight. Women were excluded from the de-facto administration of the Taliban and prevented from working in many sectors. Girls’ access to education was severely restricted, only girls’ grade six and below were allowed to attend school by the Taliban de facto government, and women human rights defenders, journalists, judges and prosecutors faced threats and intimidation. Protests in support of women’s rights were met with violence and arbitrary detentions by the Taliban. The ending of institutional and legal support for women left them at risk of further violence, and they feared the consequences of reporting incidents. The Taliban also made it clear that they would not respect LGBTI rights. In Pakistan, a series of highly publicized cases of sexual and gender-based violence including murders of Quratul Ain and Noor Mukkadam highlighted the lack of protection for women and ignited renewed calls for redress, accountability and reform.
Impunity for serious human rights violations and crimes under international law remained a serious concern in a significant number of countries. Justice continued to be denied to victims of human rights violations committed during past armed conflicts in Nepal and Sri Lanka. The office of the Prosecutor at the ICC also announced it would continue investigations in Afghanistan but only addressing crimes committed by the Taliban and Islamic State –Khorasan Province, while ignoring war crimes committed by the former Afghan government security forces and by US military and intelligence personnel.
“In the face of protests, the year saw an increased trend for governments to securitize civic space, criminalizing peaceful assemblies and using regulations to crack down on demonstrations, under the pretext of often in the name of ‘national security’. Yet people’s movements have grown and risen to the challenge. The legitimate work of human rights defenders, civil society and people’s right to protest must be respected, protected, and supported. We will continue to work towards that end,” said Yamini Mishra.
News
Construction of Jet A-1 Aviation fuel pipeline and new oil tank complex at Muthurajawela begins under President’s patronage
President Anura Kumara Dissanayake said that the Government’s objective is to maintain a strong state presence in the energy market while providing an efficient service to the people, adding that significant progress has been achieved towards this objective over the past two years and that a strong energy market that does not place a burden on the people is now being built in Sri Lanka.
The President made these remarks on Friday (02) morning while attending the commencement of construction of the Jet A-1 pipeline system of the Ceylon Petroleum Corporation (CPC) and two new oil storage tank systems belonging to the CPC and the Ceylon Petroleum Storage Terminal Limited (CPSTL).
The projects are being implemented in line with the Government’s national objective of developing infrastructure in the energy sector, with the aim of ensuring the security of aviation fuel supplies, reducing supply costs and providing the capacity required to meet future demand for aviation fuel.
A dedicated pipeline and associated tank complex are being constructed to connect Muthurajawela with the Bandaranaike International Airport in Katunayake, with the aim of meeting the future demand of the country’s aviation sector, ensuring the security of aviation fuel supplies and reducing transportation costs.
Construction has commenced on five new Jet A-1 fuel storage tanks with a total capacity of 92,000 cubic metres. These comprise two large Jet A-1 tanks, each with a capacity of 30,000 cubic metres; two medium-sized tanks, each with a capacity of 15,000 cubic metres; and an additional tank with a capacity of 2,000 cubic metres. The fuel supply pipeline system will be connected to the airport through a 21-kilometre-long underground pipeline with a diameter of 10 inches from the Muthurajawela tank complex. The project is scheduled for completion within 30 months.
Meanwhile, as part of ongoing efforts to strengthen and expand storage and infrastructure facilities in the petroleum industry, the Ceylon Petroleum Storage Terminal Limited (CPSTL) commenced construction today of three new storage tanks at the Muthurajawela Terminal.
Upon completion, the three-tank system, comprising two tanks with a capacity of 15,000 cubic metres each and one tank with a capacity of 10,000 cubic metres, will provide an additional total storage capacity of 40,000 cubic metres.
This will further enhance the petroleum storage capacity of the terminal and support the continued development of the country’s petroleum infrastructure. The project has a contractual period of 18 months and is scheduled for completion in April 2028.
The tanks are being constructed in compliance with relevant international standards and recognised industry best practices, ensuring enhanced safety, reliability and operational efficiency. The additional storage capacity will strengthen the country’s fuel reserves, improve operational flexibility and support the reliable and uninterrupted distribution of fuel products to meet the country’s growing energy requirements.
Minister of Ports and Civil Aviation and Minister of Energy Anura Karunathilaka said,
“We are now in an era of energy transition. The world is rapidly moving towards the use of clean energy. The use of electric vehicles is very important in this regard, and our country is also now moving in that direction.
The use of solar energy is also important. We expect to add 1,200 megawatts of solar power capacity to the national grid by 2029.
As a country, we must focus not only on controlling fuel prices but also on controlling fuel consumption. The public also has a major responsibility in this regard.
It is particularly important to change our patterns of energy consumption. Greater energy security can be achieved by avoiding periods of high energy demand, shifting towards electricity use and using fuel-efficient vehicles, particularly electric vehicles.”
Chairman of the Ceylon Petroleum Corporation D. J. Rajakaruna said,
“We faced a major challenge due to the war in the Middle East. However, with the intervention of the President, relief was provided to the people and the situation was managed very effectively.
As a result, while diesel prices in the global market increased by 91%, the increase in Sri Lanka was only around 39.5%. While petrol prices in the global market increased by 80%, the increase in Sri Lanka was only around 41%.
Despite providing fuel at lower prices in this manner, the Corporation has recorded a profit of Rs. 28 billion this year. We also recorded a profit of Rs. 36 billion last year.
This may raise the question of why fuel prices are not being reduced when there are such profits.
However, we have used those profits to commence a number of infrastructure development projects at the institution.
These include adding the capacity of 11 tanks, including the construction of six tanks that had previously been abandoned, to increase fuel storage capacity; modernising our oil-filling section, which is more than 90 years old, and establishing a gantry system similar to that at Muthurajawela; laying two new pipelines for unloading fuel from the port to Kolonnawa; constructing a new pipeline to transport Jet A-1 fuel to Katunayake; and upgrading the pipeline system and laying new pipelines, among many other projects.
We are implementing these projects using those profits. Therefore, we have returned the benefits to the people through these investments.”
The Minister of Science and Technology, Professor Chrishantha Abeysena; Deputy Minister of Energy, Arkam Ilyas; Member of Parliament Kumara Jayakody; Secretary to the Ministry of Energy and Senior Additional Secretary to the President, Russell Aponso; foreign ambassadors; government officials including officials of the Ministry of Energy and the Ceylon Petroleum Corporation; and representatives of Sinopec were among those present at the occasion.
President’s Media Division (PMD)
News
Lanka enters new phase of prosecutions as hurdles clear
MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.
Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.
An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.
President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.
In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.
Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne
— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.
SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.
Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.
Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.
Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.
She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.
At the time, the family spokesman said she was due to return in three days.
“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.
“We have cleared the legal hurdles to press ahead with more arrests,” he said.
“We are working on a few administrative issues which will be resolved very soon.”
The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.
News
Police warn: Court evaders face property seizure
Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.
Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.
The proclamation must allow the person at least 30 days to appear before court, Police said.
If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.
This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.
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