death penalty
-
ASEAN: ‘There is a lack of a consistent approach and political will to address the Myanmar crisis’
CIVICUS speaks with Mary Aileen Diez-Bacalso, a globally recognised human rights advocate and the new Executive Director of the Asian Forum for Human Rights and Development (FORUM-ASIA), on the state of civic space in the member countries of the Association of Southeast Asian Nations (ASEAN) and the regional body’s response to the human rights situation in Myanmar.In March 2023, Myanmar’s civic space was downgraded by theCIVICUS Monitor to the worst category, closed, in response to developments including the detention of thousands of activists and protesters, many of them convicted by secret military tribunals in unfair trials and given harsh sentences including thedeath penalty. Some have been tortured or killed. The ruling military junta has also systematically targeted journalists andforced civil society organisations (CSOs) to shut down and their leaders to go into hiding or flee the country. The junta has committed war crimes and possible crimes against humanity, including unlawful attacks, killing and injuring civilians through the use of extrajudicial executions, artillery shelling and banned landmines and cluster munitions.
What is the state of civic freedoms in ASEAN member states?
In recent years, there has been a discernible trend in ASEAN toward democratic regression and shrinking civic space.
In Cambodia, as an election draws near, there is an ongoing assault on civic space and an increasingly violent campaign of repression and harassment against union activists, environmental campaigners, opposition politicians and media workers.
In Myanmar, the path toward democracy, which began in 2011, was dismantled and civic space has closed. The junta’s nationwide crackdown has spread beyond cities into rural and ethnic minority areas, where resistance has grown. There is a climate of fear and insecurity, characterised by extrajudicial killings, arbitrary arrests, torture, enforced disappearances, sexual violence and other atrocities amounting to crimes against humanity. But ASEAN leaders have been unable to respond uniformly, and the Five-Point Consensus (5PC) they reached in April 2021 has miserably failed to address Myanmar’s crisis.
In Singapore, civil liberties are curbed through the prosecution of journalists, protesters and harassment of activists. Civil space has been further limited by repressive laws such as the 2019 Protection from Online Falsehoods and Manipulation Act and the 2021 Foreign Interference (Countermeasures) Act, which include vague provisions that allow for executive discretion in interpretation and implementation.
Overall, civic space in ASEAN countries has deteriorated. But in the midst of this darkness, the results of recent elections have cast a ray of hope that could have an impact at the regional level. Election results in Malaysia in November 2022 and Thailand in May 2023 have brought hope and a breath of fresh air after years of regression of fundamental freedoms. ASEAN’s youngest member state, Timor-Leste, is unique in that it has committed to consolidating democracy and held a free, fair and transparent election on 21 May 2023, allowing voters to cast their ballots peacefully, thus making their voices heard.
As the current ASEAN chair, has Indonesia made any efforts to engage with civil society and protect human rights?
Indonesia became ASEAN chair amid a lot of expectations regarding its potentials to address the Myanmar crisis, following the lack of progress under its two predecessors, Brunei Darussalam and Cambodia – and possibly on the assumption that no further progress will happen under its successor, Laos.
Led by Indonesia, ASEAN managed to adopt several Leaders’ Declarations related to human rights, including one on combating trafficking in persons caused by the abuse of technology and one on the protection of migrant workers and family members in crisis situations, adopted at the 42nd ASEAN Summit in May 2023. These represented a crucial step toward protecting rights. However, questions of implementation and domestication have long plagued the ASEAN region.
Progress made at the regional level is not necessarily reflected by domestic developments. For example, ahead of the 2023 ASEAN summit, held in Labuhan Bajo, the Indonesian police summoned two residents, Viktor Frumentius and Dominikus Safio, over a planned protest regarding compensation for houses and land clearing for a road project. The criminalisation attempt happened a few days after the police issued a warning letter for local people not to conduct actions that could ‘create incitement’ during the summit. This incident came on top of ongoing attacks on civil liberties in Indonesia.
Regarding engagement with civil society, unfortunately the Indonesian government failed to respond to civil society’s request to conduct an interface meeting during the summit. Taken together, this and the attempted criminalisation of protesters reveal the government’s exclusionary approach to critical voices.
Did the summit’s outcomes include any commitment on human rights?
The summit’s outcome document highlighted the commitment to strengthen efforts to combat human trafficking and protect migrant workers. Human trafficking is indeed a serious and systemic violation of human rights in Southeast Asia, with the pandemic exacerbating the already precarious situation of marginalised people who might end up in hands of human traffickers.
Regarding Myanmar, however, disappointment continues. On 11 May, despite expressing concerns over the continuing violence in Myanmar, specifically in light of the recent attack against a convoy carrying ASEAN diplomats in Myanmar on the eve of the summit, Indonesia released a statement that said that ‘the 5PC remains our main reference’. It basically ignored the calls from civil society groups and the wider international community to move beyond the 5PC.
Unfortunately the issue of shrinking civic space was not discussed at the summit, which reveals continued neglect by ASEAN member states and a lack of consensus about the importance of the fact that civic space is deteriorating across the region.
Has there been progress in strengthening the role of the ASEAN Intergovernmental Commission on Human Rights (AICHR)?
Since its inception, the AICHR has been criticised as nothing more than a front for ASEAN member states to comply with their duty to put human rights on the regional agenda. It is not surprising that ASEAN finds it difficult to promote human rights at the regional level, given that its membership includes several authoritarian regimes and illiberal democracies.
Civil society groups have done what we could to strengthen the AICHR, leading to incremental progress in its institutional strength and its relations with civil society. In 2019, FORUM-ASIA and its partners called for a review of the AICHR’s Terms of Reference to make it more independent and give it a protection mandate, among other things. ASEAN foreign ministers agreed to this, but the process hasn’t kicked off. Still, other positive changes happened, such as the inclusion of civil society in various AICHR activities and growing opportunities for the AICHR to meet with civil society in a variety of settings.
For example, recently and for the first time ever, FORUM-ASIA and other CSOs with AICHR consultative status were invited to meet with AICHR representatives at the 37th AICHR Meeting. The question remains whether this practice can be sustained and institutionalised. The AICHR has also recently demonstrated increased engagement with national human rights institutions, its natural national partners. This also needs to be maintained and strengthened.
Additionally, the current AICHR mechanism for handling human rights complaints needs to be assessed for it to become more transparent and responsive to rapidly deteriorating civic space conditions. But because the issue of shrinking civic space has not been met with consensus among AICHR member states, progress has been minimal. However, FORUM-ASIA keeps engaging with the AICHR in the knowledge that it will take years of effort to build a mechanism that lives up to our aspiration of holding states accountable for human rights violations. We are willing to engage in discussions with the AICHR about how to strengthen its complaint mechanism to contribute to enforcing states’ human rights obligations at the national level.
Why hasn’t there been any progress in implementing the 5PC to address the situation in Myanmar?
The 5PC has failed due to the fact that ASEAN has engaged with the military junta – the perpetrator of grave human rights violations with no commitment whatsoever to human rights – rather than with the legitimate representatives of Myanmar’s people, the civilian National Unity Government (NUG).
As of today, the junta has not only failed to implement any of the plan’s provisions but has also increased its brutality against the civilian population. The deadly airstrike conducted in April was a glaring manifestation of the junta’s refusal to engage in meaningful dialogue and cooperation.
Another issue is ASEAN members’ lack of a consistent approach and political will to address the Myanmar crisis. Only a few ASEAN countries openly condemned the junta’s human rights violations, while others, such as Cambodia, the ASEAN chair in 2022, even met with the junta chief and allowed the international community to interpret this approach to the crisis as recognition of the military regime.
Finally, ASEAN’s principle of non-interference has been a major obstacle to effectively addressing the Myanmar crisis. ASEAN has moved away from this principle by becoming more assertive in certain cases, such as on economic and humanitarian cooperation, but this has not been mainstreamed.
How has civil society responded to ASEAN’s failure to address the situation in Myanmar?
Despite numerous challenges, civil society has remained active. It is working to ensure that Myanmar does not fall off the radar or is forgotten as a result of conflicts and emergencies erupting in other parts of the world.
Along with reputable Myanmar CSOs and other regional and international organisations, FORUM-ASIA recently released a position paper calling for a review and reframing of the 5PC. This paper provides five counterpoints of action that ASEAN leaders must immediately take to prove the bloc’s commitment and capability to resolve the Myanmar crisis effectively.
The first point calls for the immediate adoption of an action plan for civilian protection and cessation of violence. The second emphasises the need to convene inclusive and meaningful consultations with legitimate Myanmar stakeholders, including the NUG, its advisory body the National Unity Consultative Council, the Committee Representing Pyidaungsu Hluttaw – a group of ousted parliamentarians – and ethnic resistance organisations. The third stresses the need to amend the mandate of the ASEAN Special Envoy’s term to three years with authority, independence and resources to take effective action. The fourth calls for the provision of direct support to frontline humanitarian responders in Myanmar and along ethnic borderlands, including Myanmar’s western borders. And the fifth point calls on the Special Envoy to immediately open formal communications and engage with civil society and other key stakeholders from Myanmar’s Spring Revolution.
What should the international community do to push ASEAN to protect human rights and address the situation in Myanmar?
International civil society and the international community must push ASEAN to immediately move away from the 5PC and embrace more robust and tangible actions to stop the military junta’s violence and atrocity crimes. They must refrain from legitimising the junta and must recognise the NUG as the democratically elected government and enter into dialogue with all relevant stakeholders, cut bilateral ties, including economic ties, and impose a full arms embargo on the Myanmar armed forces, and call for suspension of the export and transport of aviation fuel to Myanmar.
They should also work closely with the United Nations, particularly the Security Council and Secretary-General, to resolve the crisis in Myanmar. They should set up a clear mandate for the Special Envoy, grounded in human rights principles, justice and accountability. The role must be full-time, lasting more than a year, and the appointed Special Envoy must engage with all relevant stakeholders, not just the military junta.
Civic space inMyanmaris rated ‘closed’ by theCIVICUS Monitor.
Get in touch with FORUM-ASIA through itswebpage or itsFacebook page, and follow@forum_asia on Twitter.
-
IRAN: ‘The regime is executing protesters to create fear and suppress any attempt at new mobilisation’
CIVICUS speaks aboutthe ongoing wave of executions in Iranwith Asal Abasian, an Iranian journalist and queer feminist activist. After receiving serious threats, Asal fled Iran for Turkey in 2021. They’re currently based in Paris, France.How has repression escalated since the 2022 protests?
Repression by the regime of the Islamic Republic has escalated with executions of protesters, aimed at creating fear to suppress any attempt at new mobilisations such as the Woman, Life, Freedom nationwide protests triggered by Mahsa Amini’s death.
Recently, four young Kurds from the western provinces of Iran were hanged on unproven charges of cooperation with the Komala Party of Iranian Kurdistan. Their families demanded a pardon until the last moment, but their requests went unheard.
The Islamic Republic has always been at odds with ethnic minorities. Forty-five years since the Islamic Revolution, this conflict is as alive as on the first day. If anything, it has become worse.
Of course, the death threat that comes with ramping up executions is not directed only at ethnic minorities. Every excluded group in Iran is under threat. The regime founded after the 1979 Islamic revolution was grounded on the aim of protecting the interests of Shia Muslim men. This means that everyone except Shia Muslim men is oppressed by design. This includes all women and LGBTQI+ people and sexual minorities, children and religious and ethnic minorities.
Throughout 45 years there have been several spikes in executions of people from minority groups as well as political activists opposing the Islamic Republic. This trend has been ongoing from the onset, and it was even worse at the beginning. In the first decade of the Islamic Republic thousands of young dissidents were secretly executed or shot.
On top of this, ethnic and religious minorities such as Bahais, Balochs, Kurds and Sunni Arabs experience daily discrimination and marginalisation, which sometimes cost people their lives.
Additionally, the regime of the Islamic Republic supports Hamas and other terrorist Islamic groups and has no qualms about it. It laments the killing of children in Gaza while it has killed so many during the protests that erupted in Iran in September 2022. But ideologies shouldn’t matter: the massacre of children by any regime or group is a despicable act.
Is there any space for civil society to operate in Iran?
Young people in Iran continue resisting, despite the severe economic pressure and the suppression of activism. Even if this involves making sacrifices in their careers, education or social lives, young women continue defying the mandatory hijab. Nationwide protests may have decreased, but young people continue resisting the arbitrary and inhumane laws of the Islamic Republic.
The struggle continues under the surface. Although the Islamic Republic and its Islamic Revolutionary Guard Corps severely suppress any attempt at a protest, people have not stopped fighting. The fact that they continue embracing civil resistance despite the potentially serious costs is very encouraging.
Many of our fighters, whom I would like to mention, are in Tehran’s Evin prison with long sentences. Sarvenaz Ahmadi, Anisha Asadollahi, Keyvan Mohtadi, Sepideh Rashnu, Nasim Soltanbeygi and many others are in the frontlines of this struggle, spending the years of their youth in prison. And what cost would be higher than paying with years of your life?
I try to support their struggle by raising awareness on international platforms and amplifying their voices. But the main struggle is being carried on by young Iranians in Iran. From afar, we can only admire their struggles and broadcast them to the world.
How has the international community reacted to the escalation of repression in Iran?
Unfortunately, the international community has maintained a shameful silence and indifference. As people were being executed, the 2023 Nobel Peace Prize winner, Narges Mohammadi, and several other civil activists wrote to the United Nations (UN) on the human rights crisis that Iranians face. And still, UN Deputy High Commissioner for Human Rights Nada Al-Nashif recently travelled to Iran despite activists warning that this could be used as propaganda by the government.
The Iranian people will not forget the indifference and self-interest of the international community. This is as much of a historical disgrace as the silence in the face of the crimes that are being committed in Gaza.
Many members of the international community are perhaps more involved in domestic and regional interests, and it seems that, contrary to their proclaimed slogans, they are not really concerned about genocide, the killing of children and people’s oppression. This is very unfortunate.
We neither forgive nor forget.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
-
IRAN: ‘The regime uses executions to maintain its grip on power through fear and intimidation’
CIVICUS speaks with Jasmin Ramsey, Deputy Director of the Center for Human Rights in Iran (CHRI), about the ongoing wave of executions as part of the Iranian regime’s effort to suppress dissent and discourage further protests.
Founded in 2008, CHRI is an independent civil society organisation that works to protect and promote human rights in Iran. Headquartered in New York, it researches and documents human rights violations throughout Iran, and provides governments, the United Nations, think tanks, global media and research centres around the world with detailed information, analysis and policy recommendations. CHRI’s approach is strictly nonpartisan, operating within the framework of international human rights law.
What has led to the current wave of executions in Iran?
Executions in Iran are not just a pillar of the founding of the Islamic Republic, but a ruthless tool wielded by the regime to maintain its grip on power through fear and intimidation. Although the vast majority of the more than 834 people who were hanged in Iran in 2023 were accused of drug offences or other non-political activities, the increase in executions after the protests, and the growing number of political prisoners among those executed in recent years, underscore the regime’s desperation to crush dissent. It is determined to prevent the emergence of another grassroots movement such as the Woman, Life, Freedom protests triggered by the September 2022 killing of Mahsa Amini at the hands of the morality police.
This wave of state-sanctioned killings has galvanised civil society to unite in condemnation. Women prisoners of conscience, in particular, have shown remarkable resilience, leading calls against the death penalty among Iranian civil society through joint statements and hunger strikes.
Iranian civil society is uniting to demand not just a cessation of executions, but the abolition of the death penalty. No matter how much the regime uses force and violence, it has failed to quell the desire for fundamental and systemic change in Iran. At every turn, society is pushing back against state policies that are repressive and discordant with the desires and beliefs of much of the population.
Alongside increasing executions, how else has the regime reacted to the protests?
Repression in various forms has escalated significantly since the emergence of the Woman, Life, Freedom movement in 2022, manifesting in various forms such as increased arrests and detentions of peaceful activists and family members seeking justice for victims of state violence.
The government is also pushing for a law to impose harsher penalties on women appearing in public without the mandated hijab. This proposed law burdens citizens, encourages vigilante violence and increases women’s vulnerability to abuse through increased surveillance and state security forces deployed on the streets.
Is there any space for civil society in Iran?
While technically there might some room for civil society to operate in Iran, as established in legislation, the reality is starkly different. Article 27 of Iran’s constitution allows for public gatherings and marches under some conditions, but protests critical of the state are swiftly suppressed, often with violence. Fundamental rights such as freedoms of speech, expression and the press are severely curtailed, and peaceful activism is often treated as a threat to national security.
Despite these challenges, activists and citizens persist in reclaiming their rights, using a variety of methods such as social media posts, prison letters and acts of civil disobedience, like women defying the state’s forced hijab law by walking the streets unveiled. Despite facing repression and economic hardships exacerbated by governmental corruption and sanctions, their determination remains strong.
I am grateful to be doing this work in a place of safety, where, at least for now, I am shielded from the dangers faced by activists in Iran. I consider myself fortunate to learn from the courageous Iranians, especially women, who persist and resist despite immense risks. CHRI’s mission is to amplify their voices and advocate for civil society’s demands internationally, a task that comes with its own set of challenges. However, these challenges pale in comparison to the dangers faced by those on the frontlines in Iran.
What should international allies do to support the struggle for freedoms in Iran?
During the initial surge of the Woman, Life, Freedom movement, there was a heightened international focus on the events unfolding in Iran. This sparked hope for more substantial action from governments with influence over the Islamic Republic. At that time, we outlined steps for the international community to pressure Iran to cease its violent crackdown on protests.
Among our recommendations, we emphasised the need for governments that have diplomatic relations with the Islamic Republic to recall their ambassadors in protest against the killing of protesters and hanging of prisoners. We asked them to summon Iran’s diplomats to communicate directly their outrage and warn that further costs and isolation would ensue unless the Iranian authorities halted executions, annulled death sentences, ceased torture under custody, released prisoners and respected due process for those accused.
We urged the international community to designate the Islamic Revolutionary Guard Corps as a terrorist organisation and impose or expand human rights sanctions against Iranian officials and entities associated with rights violations and freeze the assets of officials who violated human rights, including Supreme Leader Ayatollah Ali Khamenei, and many more.
We also asked parliamentarians around the world to sponsor individual political prisoners, particularly those facing execution, to publicise their cases and the unjust nature of their prosecution or sentences and publicly demand their safety and release, both on the international stage and directly with Iranian ambassadors and other Islamic Republic officials.
Additionally, we urged states to suspend negotiations over Iran’s nuclear deal, which could provide increased revenue to the Iranian state and therefore increase its repressive capacity. We demanded it be expelled for multilateral bodies and various international platforms and associations, particularly those whose principles it blatantly violates. We also asked governments to support the United Nations (UN) Fact-Finding Mission on Iran and assist those fleeing Islamic Republic persecution, and asked tech companies to support safe digital communications for the Iranian people.
This roadmap remains relevant today. It is crucial for international allies to rally behind the UN’s independent international Fact-Finding Mission, tasked with investigating atrocities committed by the regime since the onset of the violent repression of the protests in September 2022. As the Fact-Finding Mission presents its first report to the UN Human Rights Council in mid-March, a united, multilateral approach to supporting its mandate is essential for holding the Iranian government accountable and advancing the struggle for justice and human rights in Iran.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with CHRI through itswebsite orFacebook page, and follow@ICHRI onTwitter and@centerforhumanrights onInstagram.
-
MYANMAR: ‘The ruling military junta uses fear as a domination tool’
CIVICUS speaks about the human rights situation and prospects for democracy in Myanmar with a civil society activist based in Myanmar, who asked to remain anonymous for security reasons.
What is the current situation in Myanmar, a year and a half on from the military coup?
Myanmar has been in turmoil since February 2021. The coup halted the fragile democratisation process. All branches of government – legislative, executive and judiciary – were concentrated in the hands of the junta and fundamental rights were suspended.
The rule of law has been significantly degraded at every level. In the business sector, the junta’s inconsistent regulations make it impossible for investors to make decisions. Foreign investors are increasingly withdrawing from Myanmar, and the telecom sector fell into the hands of the junta’s cronies. The junta has questionable capacity to manage the economy, and inflation has pushed up the prices of essential commodities.
The degradation of the rule of law puts people’s everyday life and livelihood at risk. Repression and fundamental rights violations make everyone feel unsafe and spread fear. The junta uses fear as a domination tool. Even once-peaceful villages in central Myanmar have become conflict zones where the junta’s troops have destroyed tens of thousands of people’s humble homes.
What effects has the coup had on civil society?
The post-coup setting is very challenging. The coup set back civil society, which had been slowly growing since the late 2000s, when young democracy and human rights activists who had survived the military dictatorship started getting together and organising to pursue common objectives.
Our organisation came into existence in the early days of Myanmar’s political transition. There were limited freedoms and rights and limited space for civil society organisations. Our objective was to create a gathering space and provide support for political and civic activists. Within a decade, we adopted the broader objective of promoting civic space in Myanmar. We use technology to reach the right audiences and promote civic awareness, participation and engagement.
Right now our work is severely restricted. A few organisations have relocated their offices to border areas or neighbouring countries, but we continue operating inside Myanmar. Since speaking out entails security risks, along with many other activists and organisations we have changed our approach, keeping a low profile. We are also conducting research as a tactical response to understand the challenges and find possible ways out.
For some of Myanmar’s local civil society activists, life under a repressive regime is not a new experience: they operated under similar conditions before the 2010s. They continue to take numerous risks to serve their communities. Some organisations have also managed to channel international humanitarian assistance to conflict areas and vulnerable populations.
What kind of work are pro-democracy groups doing and what backlash do they face?
Restoring democracy is hard work. Pro-democracy groups are working to force a return of power to an elected government. They discuss things such as interim arrangements, political pacts for federalism and a transitional constitution. On the ground, they promote rights and freedoms and defend people from the junta’s repression.
Having expressed their wish for democracy in the 2020 general election, the public supports pro-democracy groups in various ways, such as by taking part in peaceful demonstrations and campaigns for the suspension of tax payment, boycotting the junta’s products and brands, and joining in so-called ‘social punishment’, a form of protest that consists of doxing members of the junta and their family members – revealing information about their businesses and family connections. Many people inside Myanmar and in the diaspora also contribute financially to support the security of people in conflict areas and provide emergency humanitarian supplies.
The vital goal of pro-democracy protests is to sustain awareness of fundamental rights and freedoms, provide encouragement and show determination to take action rather than be the junta’s victims. In the earlier days, the protests were joined by people from all walks of life, including young people, students, members of civil society and political parties, government staff and celebrities. Even as the junta used lethal force and arbitrary arrests and committed atrocities, they continued to demonstrate daily in some rural regions and hold occasional flash mobs in urban areas.
The junta keeps trying to clear out pro-democracy groups and to get the endorsement of the international community. As it finds the latter quite hard, it increasingly focuses on the former. They apply the so-called ‘four cuts’: they try to cut off financial support, rations, information and recruitment by pro-democracy groups. They arrest high-profile businesspeople suspected of supporting them and strictly regulate financial transactions. They deploy police and troops at every crossroads, equip their supporters with weapons and train informants. They have banned numerous news agencies and publications that could counter their propaganda and torched villages that were believed to host pro-democracy groups.
What will be the consequences of the recent executions of pro-democracy activists?
In late July the military executed four pro-democracy activists. It was the first time the death penalty was imposed in Myanmar in decades.
For the junta, this means there is no turning back. They meant it as a message to shock and paralyse people and comfort their hard-line supporters. But it backfired: it fuelled robust determination among pro-democracy groups.
Internationally, the executions showed that the junta will not play by the rules to gain international recognition. In fact, it has continued to show muscle, using hostage diplomacy. A former British ambassador, recently jailed, became one of the victims of this.
When they lose power, they will have to face justice. Any transition will have to contemplate transitional justice arrangements to hold everyone who committed crimes against humanity and war crimes accountable in domestic and international courts. They shall not enjoy impunity anymore.
How can the international community help Myanmar’s civil society?
Myanmar needs attention and practical coordination. The international community must listen to our people’s voices and reflect on their agendas by following up with quick and responsive actions. Paying attention to local concerns and voices and developing effective international assistance will make people feel more hopeful and maintain their resilience.
Meanwhile, the junta is trying to boost its legitimacy by holding a controversial election. Elections under its iron fist will never be free and fair. The international community must be clever enough not to recognise such elections, which are a rotten trick the military have used for decades. Endorsing the junta as a legitimate ruler will only prolong the crisis.
So we ask the international community: please listen to and amplify Myanmar people’s voices!
Civic space inMyanmar is rated ‘repressed’by theCIVICUS Monitor.
-
SINGAPORE: ‘Being a human rights lawyer has had a huge personal cost’
CIVICUS speaks with constitutional lawyer and human rights advocate M. Ravi about civic space, human rights and his activism against the death penalty in Singapore.A prominent anti-death penalty advocate, Ravi is a founding member of the Anti‐Death Penalty Asia Network and the Singapore Anti‐Death Penalty Campaign community group. Due to his work, he has faced harassment from the Singaporean authorities.
Over the past few years, Ravi has also worked on business and human rights, sustainability and environmental, social and governance issues. He is a founding member of the Malaysian Association of Public Advocacy for Nature.
What is the current state of civic space in Singapore?
Civic space is highly restricted as a result of the repressive measures taken by the government, which has curtailed freedoms of expression and peaceful assembly for years. The authoritarian ‘rule by law’ has reached a toxic state in which the average Singaporean feels terribly alienated. The upside of this is the growth of an opposition force determined to remove the ruling People’s Action Party from power.
How did you start working on death penalty cases?
In 2003, I was instructed in a last-ditch attempt by the family of a young Malaysian death row inmate, Vignes Mourthy, to save him from execution. The case came to me through JB Jeyaretnam, a leading opposition politician at the time. I faced procedural hurdles against reopening the case, and on the eve of the execution I asked Chief Justice Yong Pung How whether an innocent man can be hanged due to procedural reasons, to which he responded that he could. That response shook my conscience, so I started campaigning against the death penalty. I founded an organisation, the Singapore Anti-Death Penalty Campaign, to support the families of death row inmates and ultimately end the death penalty.
What challenges have you faced?
I took up a number of human rights constitutional cases and death penalty cases on a pro bono basis. The demanding nature of the work and the emotional aspect of death penalty cases also affected my wellbeing. Being a human rights lawyer has had a huge personal cost.
This work has also been highly taxing on my resources. The Attorney General has filed several complaints with the Law Society and I have been prosecuted as a result. The courts slammed me with adverse personal cost orders to the tune of S$70,000 (US$ 52, 661) in my representation of death penalty cases. I had to raise funds to settle.
A complaint that the Law Society lodged against me with the Court of Appeal in a death penalty case is now before a Disciplinary Tribunal. I have recently been suspended for five years for criticising the conduct of the prosecution of another Malaysian citizen, Gobi Avedian, who would have been executed if not for my late-stage application, in response to which the Court of Appeal acknowledged that there had been a miscarriage of justice. But for my advocacy for Gobi, I paid a huge price in the form of a five-year suspension.
I have been often subjected to intimidation and state harassment. I have recently been investigated by the police over Facebook posts in relation to campaigns on death penalty cases as constituting contempt of court.
How has this impacted on your work?
All these repressive moves have greatly impeded my work. Lawyers in Singapore are cowed into passivity and fear, contributing to a weak legal profession. This has deprived me of the support of my peers and only increased my vulnerability. Fortunately, I have received a great deal of support from my international network of lawyers and civil society activists.
In 2020 and 2021 I was handling almost all death row cases. I represented 26 inmates at one go and most of this work was pro bono. But the personal cost orders against me had a chilling effect on the profession: lawyers were increasingly unwilling to get involved in late-stage applications for fear of state reprisals. After my suspension, 24 inmates I represented filed an application in court and appeared on their own, as they had no lawyers to argue their cases. Some of them have already been executed. My suspension has deprived them of a voice in court. Fear is crippling the legal profession.
Has any progress been made towards the end of the death penalty?
There has been progress. As a result of the various legal challenges, I and others brought to court in the case of Yong Vui Kong, another young Malaysian on death row, between 2010 and 2012 an indirect moratorium was placed on death penalty cases. This contributed to the amendment to the law in respect of the mandatory death penalty, giving judges discretion in death penalty cases. Yong was saved from the death penalty, along with two of my clients and several others.
The vigorous campaign held across Malaysia to save Yong also precipitated a call for reform of death penalty laws in Malaysia. Executions were also halted, culminating in the recent abolition of the mandatory death penalty in Malaysia. A recent campaign and legal challenges to save another client of mine, Nagenthren, from being executed further strengthened calls by civil society, media, lawyers, politicians and others to abolish the death penalty in Malaysia.
What can civil society and the international community do to support human rights activists in Singapore?
They can issue solidarity statements and bring the human rights violations levelled against human rights activists to the United Nations and other international bodies. It is time for such cases to be brought to international courts or to the national courts of states such as France and the USA, which have universal jurisdiction. For example, the USA’s Alien Tort Statute gives US federal courts jurisdiction over certain international human rights law violations that occurred on foreign soil and plaintiffs affected can file a claim against a foreign country in the USA. This means that Singapore can be sued in countries which has universal jurisdiction laws for its egregious human rights violations in death penalty cases.
Civic space inSingaporeis rated ‘repressed’by theCIVICUS Monitor.
Follow@MRavilaw on Twitter.
-
SINGAPORE: ‘The entrenched system instils fear, making progress for civil society slow and difficult’
CIVICUS speaks about Singapore’s recent leadership change with Kirsten Han, an independent writer, journalist and member of the Transformative Justice Collective (TJC).The TJC is a group that works to demystify and challenge Singapore’s criminal punishment system, including by calling for the abolition of the death penalty.
Who is new prime minister Lawrence Wong and what are the implications of his recent appointment?
Lawrence Wong is a long-time civil servant who served as the principal private secretary to former prime minister Lee Hsien Loong before entering politics. He’s seen as a stable and reliable leader rather than a maverick. His political approach has so far emphasised continuity and stability, and there’s been little indication that significant changes in human rights and civil liberties will occur under his leadership. This suggests the status quo will largely be maintained, which isn’t positive for civil society.
We expect a general election to be held relatively soon, but the exact timing is uncertain and will be determined by Wong. There’s speculation the election could take place around September or, failing that, before the end of the year, but no date has been set. This will be the first election with the fourth generation of the People’s Action Party (PAP) officially at the helm.
The PAP has been in power since 1959 and has undergone three generational changes so far. While there may not be the same level of enthusiasm or reverence for this new generation of leaders, dramatic shifts in the political landscape are unlikely. Any change is expected to be gradual, with the PAP possibly losing more of its vote share, but I don’t expect major upheavals.
There’s currently little information on Lawrence Wong’s policy agenda. He’s not yet laid out anything very specific about his administration’s priorities across domestic and foreign policy. Every new prime minister in Singapore has promised a more open Singapore, but this hasn’t materialised, particularly not in greater respect for fundamental rights like freedom of expression or assembly. While Wong’s leadership style may differ from his predecessor’s, what really matters is the substance. And I haven’t seen much to be hopeful about for civil society on this front.
What are people’s expectations?
There’s considerable public concern about the cost of living and housing. Property and rental prices have risen significantly, making housing a major issue Wong will have to address.
Among politically engaged young Singaporeans, there’s increasing discussion about Singapore’s role and relationship with Israel, an issue the government is reluctant to address publicly. The government has imposed strict controls on public organising and activism on the Israel–Palestine issue, including blanket bans on public activities and restrictions on the use of Speaker’s Corner, a traditional space for public discourse. Several activists have been put under police investigation for activities in solidarity with Palestine.
Young Singaporeans are also concerned about racism and racial justice, and would like to see greater openness to differing political views. There’s growing pressure for change and an increasing desire for political plurality, in general and in parliament.
The government has so far been able to manage a lot of this pressure, including by investigating activists and maintaining tight controls. The entrenched system, with its many levers of power and control, continues to instil fear among people, making progress for civil society groups gradual and challenging. Nevertheless, momentum for change is slowly building.
What’s Wong’s position on thedeath penalty?
As far as I know, Wong has not publicly stated his position on the death penalty. This issue remains primarily the responsibility of the Minister for Home Affairs and Law, who retained his position in Wong’s cabinet reshuffle. I don’t expect the government’s stance on the death penalty to change any time soon. If Wong has a different opinion from what the minister has expressed, we’ve not seen any evidence of it. Personally, even if a difference did exist, I’m not convinced Wong’s position would prevail over the status quo.
Progress has been extremely difficult for the abolitionist movement. It has become increasingly hard for death row prisoners to find legal representation for post-appeal applications. Many represent themselves, and even then, they are often accused of abusing the legal process. In May, the Minister for Home Affairs and Law said in parliament that they’re looking into how to tackle what they say are cases of abuses of legal process, suggesting it will become even more difficult for death row prisoners to file applications.
This could have repercussions for activists who support them. In the same speech, the minister publicly highlighted my involvement in helping the mother of a death row prisoner file an application. He read out my email address in parliament, accusing me of helping abuse the court.
In addition, the government is aggressively promoting its pro-death penalty narrative. It has declared an annual Drug Victims Remembrance Day and launched extensive campaigns to highlight the harm caused by drugs to argue that a war on drugs is needed. This narrative basically frames death penalty abolitionists as endangering or betraying Singapore by undermining its war on drugs. The implication is that activists are opposing the country’s efforts to protect people from the dangers of drugs.
While this response from the government suggests our campaigning has had some impact, it also indicates a strong resistance to change. At present, there’s no sign the government is moving away from the death penalty; in fact, it’s doubling down on its position. The campaign for abolition remains an uphill battle.
Do you expect the situation of civil society to change under Wong?
Civil society in Singapore is under considerable pressure. Over the past decade, conditions have tightened and people continue to be investigated for exercising their right to freedom of assembly. As far as we can see, this trend is likely to continue. While there can always be hope that Wong will prove us wrong once he settles into his role, right now there’s no indication anything is going to improve.
We continue to hear about people being called in for police investigations. Recently, a migrant worker who’d been the victim of harassment, Uddin MD Sharif, was unjustly repatriated. After police closed their investigation without finding the harasser, Sharif was forced to return to Bangladesh because he no longer had a work permit and was no longer needed for the investigation. He appealed to Wong, who Sharif said promised to convey the appeal to the immigration authorities, but nothing changed and Sharif was still sent back.
This suggests that either Wong has little influence over discretionary policy or he did not prioritise a case that was so clearly unjust. This doesn’t inspire confidence Wong will be more progressive or active in defending human rights and workers’ rights, so I don’t expect civil society to have an easier time under his leadership.
Civic space in Singapore is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the TJC through itswebsite,Facebook orInstagram page, and follow@kixes and@tjc_singapore on Twitter.
-
Sudan: woman at risk of death by stoning
Mariam Tirab, 20 years old woman from Sudan was sentenced to death by stoning on June 27th, 2022. She was found guilty By a judge in Kosty in White Nile state of violating article 146(2) (Adultery). The young woman was arrested in 2021, when a police officer interrogated her without informing her that her confession will be used against her in court. She has been tried without access to legal representation and was not informed about the charges and the penalty of the crime of adultery (Zina) in Sudanese laws. She was denied her constitutional and legal rights under the Sudanese laws.
Article 146 of the Sudanese criminal law is built on the Sharia laws, where married women charged with adultery are sentenced to death by stoning, while unmarried women are punished by 100 lashes. Despite the legal reforms of 2020, wherein the transitional government banned corporal punishments, the Sharia laws related to adultery remained unchanged.
Mariam Tirab was sentenced even though she was not granted access to proper legal aid or provided with basic information about her rights. Her confession was obtained by police through illegal procedures. The legal procedures and the justice system is failing women in Sudan, denying many access to their basic right of having fair trial. A group of lawyers and women’s rights organizations have started an appeal of the case at the higher court. In the last 10 years, Sudan witnessed several cases similar to Mariam’s where the sentences were overturned when they were appealed.. Under the current military regime, the justice system in Sudan is at its worst, , as unfair and politicized trials are the norm. The lack of a civilian government in the country for almost a year is increasing challenges for local WHRDs and human rights groups are exerting pressure on the military regime to reform the justice system.
Since the military coup on October 25th, 2021, systemic violence against women increased across the country. The return of fundamental Islamic leaders to the political scene in support of the military led to an increase in oppression of women’s rights. The police force under the Public Order Laws was recreated under a new name - "social police", which is considered a major set back for women’s rights in Sudan.. Women and girls’ are constantly being scrutinized for what they wear and how they appear in public. University officials have imposed dress codes and prevented some female students from entering the gates without a scarf. The former regime imposed hijab in Sudan for three decades prior to the revolution in 2018. Within one year of the military coup, women in Sudan are living under the same oppressive system once again. The military leaders are closing the public spaces, using repressive laws to crush the resistance movement led by women.
A visit to Mariam Tirab in prison was prevented by a judge recently. She is detained in Kosty city of white Nile state under inhumane prison conditions. Women’s rights and human rights groups started a campaign and organized protests calling for her release and for legal reforms that respect women rights. We the undersigned groups and Individuals call on the Sudanese authorities to:
- Overturn the sentence against Mariam Tirab and grant her the right to fair trial and access to lawyers and visits. - Abide by and respect their obligations to international laws as state parties of the International Covenant of Civil and Political Right and the UN Convention against the Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). - We call on relevant UN Special Procedures mandate holders and OHCHR to take action to urge Sudanese authorities to overturn this sentence and end violations of the international human rights law and respect the state obligations to protect women and human rights.
- AWID ( Association of Women in Development)
- CIVICUS
- Cairo Institute for Human Rights Studies
- Global Fund for Women
- International Service for Human Rights (ISHR)
- Women Living Under Muslim Laws WHRDMENA Coalition
- Canadian Federation of University
- Women Collectif genevois de la Grève féministe
- CONCERNED NIGERIANS
- Sisters Trust Nora organization for compacting violence against women's and girls
- Alharisat organization
- Sudanese Women Rights Action
- İnsan Hakları Derneği (İHD)/Human Rights Association
- Hafidha Chekir. FIDH/Tunis
- Taha Metwally/ANKHAssociation
- Arefe Elyasi /Open Stadiums
- Nedal Alsalman /BCHR
- Razan Nour/ Innovation for Change Middle East and North Africa
- Sawsan Salim/ KMEWO
- Rajaa ahlafi /Adala association for the right to a fair trial
- Onaheed Ahmed /Sudanese Front For Change
- Nizam Assaf/Amman Center for Human Rights Studies
- Ahmed Mefreh/Committee for Justice
- Cecilie Olivia Buchhave/KVINFO
- Connie Carøe Christiansen/KVINFO
- Vanessa Mendoza cortés/ Associación Stop violències
- Andorra Sama Aweidah/Women's Studies Centre
- Meriam Mastour/Les FoulardsViolets
- Zohra Triki/Doustourna
- Sofie Birk/KVINFO
- Marieme helie lucas/ Secularism Is A Women's issue (siawi.org)
- Mémoire et citoyenneté
- Equality Now
- Hagir Omer, Madania
- Mashair Saeed/WHRD
- Mamoun Elgizouli Sara Abdelgalil/WHRD
- Jihad Mashamoun/Researcher
- Sally Armstrong/ Journalist
- Ibrahim Bella Ammar Abbas
- Sara López/WLUML
- Anniesa Hussain/WLUML
- Yussef Robinson/ SDfHR
- Elie Losleben Abramovich Fabienne/Collectif féministe
- Stéphanie Friedli/Collectif genevois de la Grève féministe
- Aude Spang/Collectif genevois de la Grève féministe / Syndicat Unia
Civic space in Sudan is rated as "Repressed" by the CIVICUS Monitor
