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1994-05-02
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<text>
<title>
South West Asia: Human Rights Watch
</title>
<article>
<hdr>
Human Rights Watch World Report 1992
Asia Watch: Overview
</hdr>
<body>
<p>Human Rights Developments
</p>
<p> With few exceptions, Asia in 1991 was one long paroxysm of
bad news on the human rights front. Civilians continue to bear
the brunt of civil strife or outright war in Afghanistan;
Cambodia; the states of Punjab, Kashmir and Assam in India; Aceh
in Indonesia; East Timor; the Philippines; Sri Lanka; Tibet;
and along Burma's borders with Bangladesh, China and Thailand.
Anachronistic, one-party states continue to detain dissidents
and nonviolent advocates of democratic change thousands in the
case of China and Burma, hundreds in Vietnam and Indonesia, and
an unknown number in North Korea. (Indonesia in fact has three
legal political parties the ruling GOLKAR and two smaller
parties but the latter are tightly controlled by the government
and would not be allowed to challenge GOLKAR seriously, let
alone to win.) Pakistan, the Philippines and South Korea only
recently the shining examples of restored of democracy in the
region, were looking increasingly tarnished in 1991 in terms of
respect for basic freedoms. Refugees continued to face the
threat of refoulement from Hong Kong (to Vietnam), Malaysia (to
Indonesia) and Thailand (to Cambodia).
</p>
<p> But there were also a few qualified bright spots. Parties to
the Cambodian conflict signed a peace accord on October 23,
with numerous human rights safeguards built in. At the end of
the year, however, the feasibility of that accord was in some
doubt, and reports from Phnom Penh of fear not only of the Khmer
Rouge but also of the security forces of Prime Minister Hun
Sen's government were widespread. Afghanistan also inched
toward peace after the announcement of U.N. Secretary General
Javier Perez de Cuellar's five-point framework in May.
</p>
<p> In another positive development, countries in the region
that were once the first to say that human rights abuses were
an entirely domestic affair began to concede ground to their
critics. On November 2, China issued a White Paper on Human
Rights, acknowledging the government's acceptance of the
validity of the Universal Declaration of Human Rights but
arguing that international standards must be viewed in the
historical context of each country. Indonesia became a member
of the U.N. Human Rights Commission and invited U.N. Special
Rapporteur Pieter Kooijmans to Indonesia in November. Kooijmans
was in East Timor when a massacre of demonstrators by the
Indonesian military occurred on November 12. Malaysia and
Indonesia, stung by the United Nations Development Program's
publication of a "human freedom index" in May, in which Malaysia
was rated on a par with Haiti and Indonesia on a par with North
Korea in terms of respect for human rights, called for the
development of an Asian concept of human rights. Any effort to
move away from universal standards would be dangerous, but the
Malaysian-Indonesian call reflected a recognition that human
rights issues cannot be ignored.
</p>
<p> External powers began to be more vocal on human rights in
Asia, most importantly with the award of the Nobel Peace Prize
to Aung San Suu Kyi, the detained Burmese opposition leader, and
the passing of a U.N. General Assembly resolution in November
condemning Burmese human rights abuses. The European Community
(EC) told the six countries of the Association of Southeast
Asian Nations (ASEAN, including Brunei, Indonesia, Malaysia,
the Philippines, Singapore and Thailand) in May, at an EC-ASEAN
dialogue in Luxembourg, and again in July, following the ASEAN
prime minister's conference, that henceforth development aid
would be linked to human rights. The EC countries also wrung
from ASEAN a mild rebuke of the Burmese leadership, the first
such criticism of Burma from its Asian neighbors. Japan was
also unusually outspoken on Burma at the end of 1991, and a
Japanese official even raised the possibility in November that
the massacre in Indonesia might provoke a review of Japan's
Official Development Assistance to Indonesia. The Japanese
stance reflected a new policy articulated during the year that
Official Development Assistance should be linked to the human
rights performance of recipient countries.
</p>
<p> Far and away the biggest cause of human rights violations in
the region was war. Annual death tolls of civilians were in the
thousands in Kashmir, Punjab and Sri Lanka. In Sri Lanka, the
scale of the conflict approached conventional warfare with five
thousand guerrillas of the Liberation Tigers of Tamil Eelam
laying siege to an army post in July. Both sides engaged in
summary executions, torture and disappearances. In Punjab and
Kashmir, Indian security forces retaliated against whole
villages and neighborhoods for ambushes by militants, and
suspected guerrillas were arrested, tortured and often killed
in custody. Counterinsurgency operations against a small
separatist movement in Aceh, on the northeast coast of Sumatra
in Indonesia, continued to result in widespread killing of
civilians, mass arrests and torture during the year.
</p>
<p> The use of weapons that cannot distinguish between civilian
and military targets, in violation of the laws of war embodied
in the Geneva Conventions and their protocols, was another
characteristic of war in Asia. In Afghanistan, the opposition
mujahedin fired poorly aimed and inherently inaccurate Sakr-B
rockets on population concentrations in Kabul and other cities.
The Sri Lankan army bombed the Jaffna Peninsula in what
appeared to be an indiscriminate manner; in addition, its 1990
bombing of the electric power grid in Jaffna left most of the
peninsula without power needed for refrigeration of medicines,
among other things. In Cambodia, the relief brought about by the
signing of the peace accord was tempered by the realization of
what the war would leave behind the largest concentration of
land mines per capita of any country in the world. The danger
that mines pose to those returning from camps along the
Thai-Cambodian border was so high that Asia Watch warned against
mass repatriation of refugees until an effective mine-mapping
and mine-clearing program was well underway. The indiscriminate
way in which mines maim or kill, long after their military
purpose has been served, led Asia Watch to call for an outright
ban on their use, not only in Cambodia but around the world.
Prince Sihanouk of Cambodia took up that call in a speech before
the U.N. General Assembly in September.
</p>
<p> Religion was manipulated for political ends. In Pakistan,
the state's political use of the shari'a or Islamic law, and
particularly the law on zina, or adultery, made women
particularly vulnerable to abuse. In China, a government
campaign against Catholic and Protestant activities intensified,
and the Communist Party called religion a vehicle for "hostile
infiltration from abroad" and "national splittism." The
Indonesian army accused the Catholic Church in East Timor of
fomenting anti-government activity and, in October, stormed a
church where pro-independence youth had sought sanctuary.
</p>
<p> Little progress was made during the year toward the creation
of more open societies. In Thailand, a democratically elected
government was overthrown in a military coup in February. In
China, controls on freedom of speech, assembly and association
remained tight. Cautious steps toward a more consultative form
of government in Singapore were halted after the opposition in
the August elections quadrupled its seats in the fifty-one-seat
national parliament from one to four; Singaporean leaders
decided that the increase was a popular rejection of their own
version of glasnost. Freedom of expression took a beating all
over, from Afghanistan, where a newspaper editor was briefly
detained for printing a "war-mongering" article, to Indonesia,
where another editor received a five-year prison term for
publishing the results of an opinion poll d