Backgrounder: Snapshot of Human Rights Issues in Asia Human rights issues in Asia vary widely and are specific to each country s political history and development. This backgrounder focuses on four themes: civil and political rights, women s rights and child exploitation, indigenous and minority rights and labour and workers rights. The selection of issues and countries explored here is by no means exhaustive. Rather, it is meant to provide a starting point for talking about human rights issues in Asia. We encourage readers to conduct their own research and evaluation on Canada s human rights performance. The information presented here is based on indices and international rankings provided by Freedom House and the Peoples Under Threat Index, as well as on reports by human rights organizations, governments and international governmental organizations. The Freedom House index measures the protection of political rights and civil liberties on a scale from 1 (highest) to 7 (lowest). Each jurisdiction receives two scores one for political rights and another for civil liberties. The average of the two scores determines the overall rank of "Free," "Partly Free," or "Not Free." Below are the combined average scores for 2011. Freedom House Scores Combined Ranking Free (Score 1.0 2.5) Partly Free (Score 3.0 5.0) Not Free (Score 5.5 7.0) Japan Bangladesh Brunei South Korea Bhutan Burma Taiwan East Timor Cambodia India Malaysia China Indonesia Nepal Laos Micronesia Pakistan North Korea Mongolia Papua New Guinea Vietnam Philippines Singapore Sri Lanka Thailand Sources: Freedom House Freedom in the World 2011 Human Rights Watch World Reports 2011 International Labour Organization International Trade Union Confederation Annual Survey of Violation of Trade Union Rights United Nations Refugee Agency United Nations Inter-Agency Project on Human Trafficking UN Global Initiative to Fight Human Trafficking War Child Coalition to Stop the Use of Child Soldiers Peoples Under Threat Index 2011 US Department of State Trafficking in Persons Report US Department of State Country Reports on Human Rights Practices
Political and Civil Rights #1 The Freedom House index rates countries according to their protection of political rights and civil liberties on a scale from 1 (highest) to 7 (lowest). The four countries below have a political rights rating of 7, and civil liberties rating between 5 and 7. These countries have restricted political rights, and have no or highly restricted civil liberties. CHINA The Communist Party of China is the only party legally allowed to govern the country. Despite major socioeconomic achievements, political reforms have been limited. Political dissent is prohibited and activists and human rights organizations risk surveillance and harassment. The arrests of activist Liu Xiaobo and artist Ai Weiwei, and the repression of independent activists in Tibet and Xinjiang and members of the Falun Gong, signal limits to political freedom. No multiparty elections Surveillance, harassment, and imprisonment of suspected dissidents and human rights advocates; human rights lawyers risk disbarment Limits on freedom of speech; state censorship and blocked access to politically sensitive websites Limits to freedom of religion; unregistered religious groups are considered illegal and members risk arrest Arbitrary arrests of Tibetan monks and members of the Uyghur minority BURMA Since the late 1980s, the ruling military junta has clamped down on political activists and oppositions members. But the elections in 2010 marked a significant breakthrough. The military transferred power to a civilian government, which released the prodemocracy party leader and Nobel Peace Prize winner Aung San Suu Ky from house arrest along with 100 political prisoners. Despite prospects for democratic reform, serious human rights issues remain. Alleged voter intimidation and election fraud Independent journalists, bloggers, activists, face threat of arrest and imprisonment State-controlled media Limits on freedom of assembly, including intimidation, violence, and the authorities ability to arrest protesters Lack of due process and fair trial NORTH KOREA The dominant political ideology in North Korea, Juche, meaning selfreliance, has contributed to a dire humanitarian situation as the state allocates economic resources toward its military defense. Juche also demands absolute political loyalty from citizens, resulting in repressive actions by the state. Threat of famine from serious food shortages Forced labour, public executions, torture, and arbitrary detention Collective or familial punishment of suspected political dissidents Zero freedom of movement; emigration is illegal and travel to Pyongyang (capital) is limited VIETNAM In 1986, Vietnam embarked on economic reforms that saw an end to the country s planned economy. Political reforms, however, have been limited. The country is governed by the Vietnamese Communist Party, which has banned multiparty elections. Recent concerns surround the increased arrests of suspected dissidents and bloggers. Threat of surveillance, harassment, imprisonment of bloggers and activists Ban on opposition parties Limits on freedom of speech through censorship and statecontrolled media Limits on civil society by requiring NGOs to apply for legal status and work within party-controlled organizations
Political and Civil Rights #2 The Freedom House index rates countries according to the protection of political rights and civil liberties on a scale from 1 (highest) to 7 (lowest). The four countries below have a political liberties rating between 3 and 5, and a civil liberties rating between 3 and 5. These countries moderately protect some political rights and allow several civil liberties but restrict others. THAILAND In 2006, the military overthrew Prime Minister Thaksin following allegations of electoral fraud and abuse. There has been a series of pro-thaksin and anti-government demonstrations since then. In 2010, demonstrations (which led to the occupation of downtown Bangkok) ended with a military crackdown. Human rights concerns continue to be raised over the military s use of Emergency Powers and Lèse-majesté laws that allow arrests of individuals for defamation against the monarchy. Lèse-majesté laws and the military s use of Emergency Powers limit freedom of expression and freedom of assembly Military interference in the electoral process 2007 Internal Security Act allows the military to restrict civil liberties and override civilian administration Harsh defamation laws provide officials the legal means to silence critics Anti-government websites are blocked MALAYSIA Barisan Nasional, a coalition of national parties, has remained undefeated in national elections since 1952. There are laws that restrict the press and activities of the opposition, including the Internal Security Act (ISA), which allows for indefinite detention without charge and trial. The ISA has been used against perceived threats to national security. Undisclosed detention of activists and critics Harassment and arrest of independent journalists and bloggers Legal restrictions against opposition parties campaigning activities and access to media Limits on freedom of speech and expression SINGAPORE The People s Action Party (PAP) has governed the country since independence and has politicized the judiciary and passed a variety of laws, including its own Internal Security Act, to weaken the opposition, limit criticism against the government and censor the media. Limits to circulation of foreign papers that report critically on domestic affairs Media censorship through a politicized licensing process All domestic media are owned by companies linked to the government Public assemblies must be approved by the police PHILIPPINES The 2010 elections were considered as freer, fairer, and less violent than previous elections. However, human rights issues remain. Philippine security forces, police and paramilitary groups have been implicated in serious human rights abuses, especially against communist and Islamic insurgent groups. The promises of investigations and prosecution have fallen short. Issues: Extrajudicial killings and forced disappearances Allegations of paramilitary and police torture Arbitrary arrests Poor civilian-witness protection Investigations of human rights abuses hindered
Women s Rights and Child Exploitation In civil conflict, women and children are the predominant victims of war, which is the case in many of Asia s civil conflicts. Moreover, growing inequality and poverty in rural areas and cultural differences over the treatment of women have led to human rights abuses, disproportionately impacting women and children. PAKISTAN Violence against women remains a major concern. In cases of domestic violence, women are doubly marginalized: they face abuse at home and lack state protection. Many cases of rape remain unreported because of social stigma associated with the crime. Corruption within law enforcement and cultural insensitivity toward rape victims make it difficult to prosecute sexual assault Cases of sexual abuse and rape of female detainees by police When adjudicating disputes, feudal landlords and tribal elders have imposed punishments disproportionately affecting women, including death sentences Illegal child marriages and forced marriages Spousal rape has yet to be criminalized ACEH PROVINCE, INDONESIA Given Aceh s special autonomy status, it is the only province permitted to enforce Sharia Law. However, strict enforcement in some districts has led to infringements on human rights, disproportionately affecting women. Members of the community are allowed by Aceh local laws to apprehend and punish suspected violators, leading to vigilante violence Ambiguity in Seclusion Laws make it illegal for unmarried men and women to associate in an isolated place, a law that is subject to arbitrary application Adultery is punished with death by stoning NEPAL Starting in 1996, the military engaged in a protracted guerrilla war with the militant wing of the Communist Party of Nepal (Maoists). In 2006, a peace agreement forced both sides to end the enlistment of child soldiers. However, Maoist rebels are reported to have continued the practice. The government is faced with the challenge of reintegrating former child soldiers into society. Children forced to work as combatants, porters, cooks, guards, messengers, and spies Young girls often faced sexual abuse or were forced to marry combatants Child rebels captured by military were detained and subject to violence Challenge of reintegration and rehabilitation Stigmatization of former female combatants CAMBODIA One-third of the women and children in the global human trafficking trade are from Southeast Asia. Cambodia is a source, transit and destination country, and many of the victims are forced to work in Thailand s sex trade. Collusion between police forces and state officials with criminal networks has compounded the problem. Complicity by law enforcement officers Threat of arrest and sexual abuse by police forces Stigmatization and discriminatory treatment of sex workers, inhibiting access to health services Current practice favours detention and deportation; detention centers hinder access to legal aid and medical assistance
Indigenous and Minority Rights The Peoples Under Threat Index identifies groups most at risk of mass killing. The 2011 Index ranks Burma 5 th and Sri Lanka 17th overall. India and Indonesia rank 34 and 60, respectively, but have challenges with respect to indigenous and minority rights. INDIA: The Indian government maintains that all members of its population are indigenous, and instead uses the term tribal to refer to peoples who would otherwise be identified as indigenous. Various tribal groups remain marginalized, and the state remains reluctant to offer any form of self-governance. The government has been criticized for failing to halt anti- Sikh and anti-muslim violence. Lives and livelihood of tribal groups are threatened by development and mining projects Reports that tribal women face rape, torture, murder at hands of law enforcement personnel Delayed or missing judicial processes to deal with antiminority violence Displacement of religious minorities by Hindu fundamentalists (Christians in Odisha, Muslims in Gujarat, etc.) SRI LANKA Tension between the Tamil minority and the Sinhalese majority has existed since independence. The government has faced international criticism over its military campaign against the separatist Liberation Tigers of Tamil Eelam (LTTE) in 2009, which ended 25 years of conflict. The government has also resisted international pressure to hold an independent inquiry into allegations of war crimes by Sri Lankan forces. Indiscriminate shelling of civilians during conflict Internal displacement of hundreds of thousands of civilians, many interned in military-controlled camps Detention of LTTE combatants without trial Allegations of abduction, torture, extrajudicial killings, and rape of suspected LTTE combatants Intimidation and harassment of journalists reporting on the conflict, and the barring of foreign media access to the war zone Use of civilian shields by LTTE BURMA The Burmese military has been engaged in ongoing civil conflict with ethnic groups, namely in the Karen, Karenni, and Shan states. By 2010, five ethnic militias participated in ceasefire agreements, but protracted fighting continues and has led to human rights violations both by the military and ethnic armed forces. Forced labour, torture, sexual abuse, extra judicial killing of ethnic minorities Torture and killing of prisoners of war by ethnic militias Forced relocation of minorities both internally and to neighboring countries Indiscriminate use of anti-personnel landmines by both the military and ethnic armed forces Recruitment of child soldiers by both military and ethnic militias INDONESIA The government s commitment to democratic stability since the authoritarian government s collapse in 1998 has won both domestic and international praise. However, human rights organizations have voiced concerns over human rights violations against members of the Ahmadiyya religious sect and independence activists in Papua and Moluccan islands. Failure to intervene to stop communal violence and discrimination against members of the Ahmadiyya sect Foreign journalists and human rights monitors are restricted in their access to Papua Arrest, imprisonment and torture of pro-independence activists in Papua and Moluccan islands
Labour and Workers Rights The Global Workers rights index is based on Freedom House s annual report. It ranks a country s labour rights from 0 (very repressive) to 4 (Free). These countries labour practices also conflict to various degrees with standards established by the International Labour Organization (ILO). BANGLADESH A majority of the workforce is in the informal sector where labour standards are rarely observed. Human rights violations are pervasive in garment factories, which produce three quarters of Bangladesh s export earnings. In recent years there have been a number of strikes and blockades by garment workers. Work environments are unsafe Wage payments are delayed, workers are subject to long working hours and lack social benefits Child labour is widely used Labour union activists are harassed and arrested Rules on forming unions are restrictive, making it difficult for workers to organize CHINA The All-China Federation of Trade Unions is the only body legally allowed to represent workers; independent trade unions are banned. Government control over the ACTFU makes it difficult for the organization to fully represent the interests of workers vis à vis employers. Recently, there has been a string of suicides by migrant workers and the dismissal and arrest of protestors and labour activists. Joining or forming independent trade unions is outlawed Collective bargaining is legal but rarely practiced Working conditions are dangerous Migrant workers and their children have limited access to social services The ACFTU provides insufficient assistance in disputes with foreign manufacturing companies where many migrant workers are employed SINGAPORE In Southeast Asia, domestic work is the dominant wage employment for women. In Singapore, one in seven households has live-in domestic workers who are not covered under the Employment Act. Failure to recognize domestic work as formal employment thus denies these workers equal protection. Issues such as long working hours remain a matter of negotiation between employer and worker. Workers may be forced to work extremely long hours Wages might be withheld Domestic workers are vulnerable to physical and sexual abuse by employers Workers are also at risk of illegal recruitment into forced labour and human trafficking Reproductive and marriage rights are restricted; pregnant domestic workers are deported, and marriage to a Singaporean citizen is illegal